Contents (1995 - 101)
Threatened Species Conservation Act 1995 No 101
Division 2 Joint management agreements
121 Joint management agreements
The Chief Executive may enter into a joint management agreement with one or more public authorities for the management, control, regulation or restriction of an action that is jeopardising the survival of a threatened species, population or ecological community.Note.It is a defence to certain offences under the National Parks and Wildlife Act 1974 if the act constituting the offence was authorised by and done in accordance with a joint management agreement.
122 Role of Scientific Committee
(1) Before a joint management agreement is entered into, the Scientific Committee must review the draft joint management agreement and provide the Chief Executive with comments on the review by the date specified for the making of public submissions on the draft agreement.(2) The Scientific Committee must also:(a) conduct an annual review of the performance of all parties to a joint management agreement, and(b) advise the Chief Executive of any deficiencies in implementation of any joint management agreement by any party to it.(3) The Chief Executive is to incorporate the Scientific Committee’s advice on the annual review of joint management agreements in the Chief Executive’s annual report to Parliament under the National Parks and Wildlife Act 1974.
123 Contents of joint management agreements
(1) A joint management agreement is to contain terms, binding on all parties, that:(a) identify the threatened species, population or ecological community to which the agreement applies, and(b) identify the action that it manages, controls, regulates or restricts, and(c) state its objective (for example, maintenance of a habitat in a state that will contribute to the long-term survival of the species, population or ecological community), and(d) state the way in which the objective is to be achieved, and(e) specify the measures by which progress towards achieving the objective is to be assessed, and(f) identify the parties who are responsible for the implementation of those measures.(2) A joint management agreement entered into with a council or a consent authority (within the meaning of the Planning Act) is void to the extent to which it fetters any discretion of the council or consent authority in the granting or refusal of a consent or approval under the Planning Act or the Local Government Act 1993.
124 Publication of draft joint management agreement
(1) As soon as practicable after preparing a draft joint management agreement, the Chief Executive must:(a) give a copy of the draft joint management agreement to the Scientific Committee for review, and(b) publish notice of the preparation of the draft joint management agreement in a newspaper circulating generally throughout the State and in a newspaper circulating generally in the area or areas likely to be affected by the agreement, and(c) publish notice of the preparation of the draft agreement in the Gazette.(2) The notice must:(a) state that the draft joint management agreement has been prepared, and(b) specify the address of the place at which copies of the draft joint management agreement may be inspected, and(c) invite persons to make written submissions to the Chief Executive about the draft joint management agreement, and(d) specify the address of the place to which submissions about the draft joint management agreement may be forwarded and the date by which submissions must be made.
125 Consideration of submissions by Chief Executive
(1) The Chief Executive must consider all written submissions received by the Chief Executive on or before the date specified in the notice.(2) The Chief Executive may, with the consent of the other parties to the agreement, amend the draft joint management agreement to take into account any of those submissions and any comments made by the Scientific Committee about the draft agreement.
126 Amendment of joint management agreement
A joint management agreement may only be amended by a joint management agreement.