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Contents (1995 - 101)
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Threatened Species Conservation Act 1995 No 101
Current version for 18 August 2017 to date (accessed 23 August 2017 at 23:37)
Part 7 Division 1
Division 1 Stop work orders
114   Chief Executive may make stop work order
(1)  If the Chief Executive is of the opinion that any action is being, or is about to be, carried out that is likely to result in one or more of the following:
(a)  harm to a threatened species, population or ecological community (so far as animals are concerned),
(b)  picking of a threatened species, population or ecological community (so far as plants are concerned),
(c)  damage to critical habitat,
(d)  damage to habitats of threatened species, populations or ecological communities,
the Chief Executive may order that the action is to cease and that no action, other than such action as may be specified in the order, is to be carried out in or in the vicinity of the critical habitat or the habitat of the threatened species, population or ecological community within a period of 40 days after the date of the order.
(2)  An order takes effect on and from the date on which:
(a)  a copy of the order is affixed in a conspicuous place in the critical habitat or other habitat the subject of the order, or
(b)  the person performing or about to perform the action is notified that the order has been made,
whichever is the sooner.
(3)  This section does not apply in relation to anything authorised to be done by or under:
(a)  a licence granted under this Act or the National Parks and Wildlife Act 1974, or
(b)  the State Emergency and Rescue Management Act 1989 that is reasonably necessary in order to avoid a threat to life or property.
(3A)  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.
(4)  This section does not apply in relation to anything that is essential for the carrying out of:
(a)  development in accordance with a development consent within the meaning of the Planning Act, or
(a1)  clearing of native vegetation as authorised by a property vegetation plan approved under the Native Vegetation Act 2003, being clearing that had the benefit of biodiversity certification of the native vegetation reform package under Division 4 of Part 7 when the plan was approved, or
(a2)  State significant infrastructure approved under Part 5.1 of the Planning Act, or
(b)  an activity, whether by a determining authority or pursuant to an approval of a determining authority within the meaning of Part 5 of that Act if the determining authority has complied with that Part.
(5)  In this Division, a reference to action being, or about to be, carried out includes a reference to action that should be, but is not being, carried out and the Chief Executive may make an order, in accordance with this Division, that any such action is to be carried out.
(6)  A person must not contravene an order under this section.
Maximum penalty (subsection (6)):
(a)  in the case of a corporation—10,000 penalty units and, in the case of a continuing offence, a further penalty of 1,000 penalty units for each day the offence continues, or
(b)  in the case of an individual—1,000 penalty units and, in the case of a continuing offence, a further penalty of 100 penalty units for each day the offence continues.
Note.
 An offence against subsection (6) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 152.
115   Prior notification of making of stop work order not required
The Chief Executive is not required, before making an order under this Division, to notify any person who may be affected by the order.
116   Appeal to Minister
(1)  A person against whom an order is made under this Division may appeal to the Minister against the making of the order.
(2)  After hearing an appeal, the Minister may:
(a)  confirm the order, or
(b)  modify or rescind the order, but only if this is consistent with the principles of ecologically sustainable development.
117   Extension of stop work order
The Chief Executive may extend an order under this Division for such further period or periods of 40 days as the Chief Executive thinks fit.
118   Consultation about modification of proposed detrimental action
(1)  After making an order under this Division, the Chief Executive must immediately consult with the person proposing to perform the action to determine whether any modification of the action may be sufficient to protect the threatened species, populations or ecological communities, critical habitat or other habitat concerned.
(2)  The Chief Executive may, for the purposes of making such determination and considering whether the adoption of any other steps, such as the grant of a licence under Part 6, may be appropriate, request the person proposing to perform the action to provide the information referred to in section 92 (3).
(3)  After considering any information provided under subsection (2) in accordance with the requirements of section 94, the Chief Executive may, if appropriate and if the person concerned wishes to apply for a licence under Part 6, request the person to provide an application for a licence and a species impact statement for determination under that Part.
119   Recommendation for making of interim protection order
(1)  The Chief Executive must recommend to the Minister the making of an interim protection order under Part 6A of the National Parks and Wildlife Act 1974 if, after consulting with the person proposing to perform the action, the Chief Executive is of the opinion that satisfactory arrangements cannot be made to protect the threatened species, populations or ecological communities, critical habitat or other habitat that is the subject of an order under this Division.
(2)  The Chief Executive must not recommend the making of an interim protection order in relation to anything that is authorised to be done by or under an authority referred to in section 114 (3) or that is essential for a purpose referred to in section 114 (4).
120   Stop work order prevails over other instruments
(1)  An approval, notice, order or other instrument made or issued by or under any other Act or law that requires or permits critical habitat, the subject of an order in force under this Division, to be significantly affected is inoperative to the extent of any inconsistency with the order under this Division.
(2)  This section has effect whether the approval, notice, order or other instrument concerned was made or issued before or after the making of the order under this Division.