Biodiversity Conservation Act 2016 No 63
Division 3 Interim protection orders
11.8 Recommendation for making of interim protection order
(1) The Environment Agency Head may recommend to the Minister the making of an interim protection order in respect of an area of land:(a) that has, in the Agency Head’s opinion, natural or scientific significance, or(b) on which the Agency Head intends to exercise any of the Agency Head’s functions under this Act in relation to threatened species or ecological communities or to protected animals or protected plants, or(c) that is a declared area of outstanding biodiversity value or the habitat of a threatened species or ecological community.(2) This subsection applies where the Environment Agency Head has made a stop work order in relation to a contravention of this Act or the native vegetation legislation. The Environment Agency Head is to recommend to the Minister the making of an interim protection order if, after consulting the person taking or proposing to take the relevant action, the Environment Agency Head is of the opinion that satisfactory arrangements cannot be made to prevent the contravention concerned and that it is appropriate to make an interim protection order in the circumstances.
11.9 Making of interim protection orders
(1) The Minister may, after considering a recommendation of the Environment Agency Head, make an interim protection order in respect of the area of land the subject of the recommendation.(2) An interim protection order may contain terms of a kind set out in the regulations, being terms relating to the preservation, protection and maintenance of the area of land concerned, of threatened species and threatened ecological communities, of protected animals and of protected plants.(3) The Minister is not required, before making an interim protection order, to notify any person who will be affected by the order of the intention to make the order.
11.10 Taking effect and duration of interim protection order
(1) An interim protection order takes effect on the date of its publication in the Gazette or on a later date specified in the order.(2) An interim protection order has effect for such period (not exceeding 2 years) specified in the order.(3) An interim protection order ceases to have effect if the order is revoked by the Minister by notice published in the Gazette.(4) An interim protection order also ceases to have effect if the land subject to the order is reserved under the National Parks and Wildlife Act 1974.
11.11 Notice of making of interim protection order
The Minister is to cause notice of an interim protection order and its terms (or of the revocation of the order) to be given to:(a) any person who appears to the Minister to be a landholder of the area of land subject to the order, and(b) the local council in whose area the land subject to the order is situated, and(c) any other person the Minister thinks fit.
11.12 Offence—contravention of interim protection order
A person who is given notice of an interim protection order must not contravene the order.Maximum penalty (includes additional daily penalty): Tier 1 monetary penalty.
11.13 Appeal against interim protection order
(1) A landholder of the whole or any part of an area of land subject to an interim protection order may appeal to the Land and Environment Court against the making of the order or any of its terms.(2) An appeal is to be made within the time prescribed by the regulations and in the manner prescribed by the rules of the Court.(3) The lodging of an appeal does not, except to the extent that the Court otherwise directs in relation to the appeal, operate to stay action on the interim protection order appealed against.(4) In deciding an appeal, the Court is to have regard to:(a) any hardship caused to the landholder by the making of the order or any of its terms, and(b) the purposes of the order, and(c) the public interest.