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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 22 August 2017 at 00:12)
Part 9
Part 9 Biological Diversity Strategy
136A   References to Minister and Chief Executive
(1)  In this Part, a reference to the Minister includes a reference to the Minister administering the Fisheries Management Act 1994 and a reference to the Chief Executive includes a reference to the Director of NSW Fisheries.
(2)  If a provision of this Part (or applied by this Part) requires or authorises the Minister or the Chief Executive to take any action or decide any matter, the provision is taken only to require or authorise:
(a)  the Minister administering this Act and the Minister administering the Fisheries Management Act 1994, or
(b)  the Chief Executive and the Director of NSW Fisheries,
to take the action jointly or decide the matter jointly.
(3)  However, any such action may be taken separately, or any such decision may be made separately, in respect of any matter if those Ministers or officers so agree.
137–139   (Repealed)
140   The Strategy
(1)  The Chief Executive is to prepare a Biological Diversity Strategy within 9 months after the commencement of this Part setting out how the objects of this Act are to be achieved.
(2)  The Strategy is to include proposals for:
(a)  ensuring the survival and evolutionary development in nature of all species, populations and communities, including appropriate protection under the Wilderness Act 1987 or the National Parks and Wildlife Act 1974 or under the Fisheries Management Act 1994, and
(b)  preparing or contributing to the preparation of strategies for ecologically sustainable development in New South Wales, including the integration of biological diversity conservation and natural resource management, and
(c)  an education program targeted at the community and public authorities, and
(d)  a biological diversity research program, and
(e)  encouraging greater community involvement in decision making affecting biological diversity.
(3)  The Strategy must also include:
(a)  the objectives and performance targets of the Strategy, and
(b)  a statement of the means by which these objectives and performance targets are to be achieved, and
(c)  a statement of the manner in which the National Parks and Wildlife Service constituted by the National Parks and Wildlife Act 1974 and NSW Fisheries propose to assess their performance with respect to attainment of the objectives and performance targets of the Strategy.
(4)  The Chief Executive may amend the Strategy.
(5)  The Strategy is to be amended within 12 months after the commencement of the amendments to this section made by the Fisheries Management Amendment Act 1997 so as to extend the Strategy to fish and marine vegetation.
141   Procedure for making or amending Strategy
(1)  The Chief Executive is to prepare a draft Strategy and publish notice of the draft Strategy in a newspaper circulating generally throughout the State.
(2)  A notice is to:
(a)  be in the form prescribed by the regulations, and
(b)  state the date by which submissions may be made to the Chief Executive, which is to be at least 30 days after the date on which the notice is published, and
(c)  specify the manner in which submissions may be made, and
(d)  fix a time and place at which a copy of the draft Strategy will be available to the public for inspection.
(3)  Any person may make submissions to the Chief Executive about the draft Strategy.
(4)  The Chief Executive may, after the expiration of the period referred to in subsection (2) (b) and after examination of submissions received, amend the Strategy. The Chief Executive is to refer the Strategy and any submissions received to the Scientific Committee for its consideration and advice.
(5)  Before adopting the Strategy, the Chief Executive is to consider the comments and suggestions of the Scientific Committee and is to seek the advice of any other relevant public authority.
(6)  The Chief Executive may adopt the Strategy without alteration or with such alterations as the Chief Executive thinks fit.
(7)  After the Strategy has been adopted, the Chief Executive is to publish notice of its making in the Gazette and in a newspaper circulating generally throughout the State.
(8)  The procedures applicable to the making of the Strategy apply to the making of an amendment to the Strategy that is not a minor amendment.
(9)  In this section a reference to the Scientific Committee includes a reference to the Fisheries Scientific Committee under Part 7A of the Fisheries Management Act 1994.