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Contents (1995 - 101)
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Threatened Species Conservation Act 1995 No 101
Current version for 14 July 2017 to date (accessed 25 July 2017 at 08:42)
Part 6 Division 1 Section 95
95   Determination by Chief Executive as to significant effect
(1)  If the Chief Executive determines that an action proposed by an applicant for a licence is likely to significantly affect threatened species, populations or ecological communities, or their habitats, the Chief Executive must notify the applicant that, if the application is to proceed, a species impact statement prepared in accordance with Division 2 must be provided.
(2)  If the Chief Executive determines that an action proposed is not likely to significantly affect threatened species, populations or ecological communities, or their habitats, a licence under this Act is not required and the Chief Executive must, as soon as practicable after making the determination, issue to the applicant a certificate to that effect.
Note.
 An action that is not required to be licensed under this Act may however be required to be licensed under the National Parks and Wildlife Act 1974 if it is likely to affect protected fauna or protected native plants or may otherwise constitute an offence under that Act.
(3)  A certificate under subsection (2) may be issued unconditionally or subject to conditions.
Note.
 Section 133 (4) of the National Parks and Wildlife Act 1974 provides that the holder of such a certificate must not contravene or fail to comply with any condition or restriction attached to the certificate.