You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Some functionality may not be available.
Contents (1995 - 101)
Skip contents
Threatened Species Conservation Act 1995 No 101
Current version for 14 July 2017 to date (accessed 21 August 2017 at 09:09)
Part 5 Division 2
Division 2 Implementation of threat abatement plans
86   Ministers and public authorities to implement threat abatement plans
(1)  Ministers and public authorities (including the Chief Executive) are to take any appropriate action available to them to implement those measures included in a threat abatement plan for which they are responsible and must not make decisions that are inconsistent with the provisions of a threat abatement plan.
(2)  If the implementation of a threat abatement plan affects a statutory discretion of a Minister or public authority, this section does not operate to exclude the discretion, but the Minister or authority must take the plan into account.
(3)  This section does not operate to require or authorise any action by a Minister or public authority that is inconsistent with any statutory or other legal obligation of the Minister or public authority.
87   Public authorities to report on implementation of threat abatement plans
(1)  A public authority (including the Chief Executive but not including a council) identified in a threat abatement plan as responsible for the implementation of measures included in the plan must report on action taken by it to implement those measures in its annual report to Parliament.
(2)  A council identified in a threat abatement plan as responsible for the implementation of measures included in the plan must report on action taken by it to implement those measures in its annual report as to the state of the environment of its area.
88   Notification of proposed departures from threat abatement plan
(1)  A public authority must not exercise a function in a manner that is inconsistent with the implementation of measures included in a threat abatement plan unless:
(a)  in the case of a public authority other than the Chief Executive—it has given written notice of the proposed exercise of the function to the Chief Executive, or
(b)  in the case of the Chief Executive—the Chief Executive has given written notice of the proposed exercise of the function to the Minister.
(2)  The Chief Executive must comply with any directions given by the Minister concerning a proposed departure from a threat abatement plan.
(3)  This section does not apply in relation to anything authorised to be done by or under the State Emergency and Rescue Management Act 1989 that is reasonably necessary in order to avoid a threat to life or property.
(4)  This section does not apply in relation to any thing authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.
89   Consultations with Chief Executive concerning proposed departures
(1)  The Chief Executive must, on receiving notice of a proposed departure from a threat abatement plan from a public authority, determine whether exercise of the function in the manner proposed is acceptable or whether it is likely to jeopardise the effective implementation of the plan.
(2)  If the Chief Executive considers that the departure is acceptable, the Chief Executive must notify the public authority accordingly.
(3)  If the Chief Executive considers that the departure is unacceptable because it is likely to jeopardise the effective implementation of the threat abatement plan, the Chief Executive must consult with the public authority in an endeavour to resolve the matter by modification of the action proposed or by other mutually acceptable means.
90   Reference of proposed departures to Ministers and Premier
(1)  A matter that has not been resolved after consultation between the Chief Executive and the public authority concerned must be referred by the parties to their respective Ministers.
(2)  In the case of a council, the reference is to the Minister administering the Local Government Act 1993 unless the matter relates, in whole or in part, to the exercise of functions under the Planning Act. In that event, the reference is to be to the Minister administering the Planning Act.
(3)  The Ministers, on receiving a reference, are to consult in an endeavour to resolve the matter by means that the Ministers consider to be appropriate.
(4)  If the Ministers are unable to resolve the matter after consultation, it is to be referred to the Premier for resolution.
(5)  A public authority (including the Chief Executive) must give effect to any decision of, or directions made or given by, the Premier on the matter and is, despite the requirements of any other Act or law, empowered to comply with any such decision or directions.