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Contents (2016 - 63)
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Biodiversity Conservation Act 2016 No 63
Current version for 1 July 2019 to date (accessed 22 September 2019 at 09:58)
Part 9 Division 1
Division 1 Public consultation
9.1   Public consultation required on documents under this Act to which Division applies
(1)  This Division applies to the following (a public consultation document):
(a)  a proposed declaration of an area as an area of outstanding biodiversity value,
(b)  a proposed code of practice that is to be made by the Minister under section 2.9,
(c)  a strategy included in the Biodiversity Conservation Program in relation to a threatened species or ecological community,
(d)  the Biodiversity Conservation Investment Strategy,
(e)  the biodiversity assessment method,
(f)  the scheme for the accreditation of persons to prepare biodiversity assessment reports.
(2)  Public consultation in accordance with this Division is required before a public consultation document is made.
(3)  A reference in this Division to making a public consultation document includes a reference to issuing, adopting or publishing a public consultation document.
9.2   Minimum public exhibition period for proposed public consultation documents
(1)  Before a public consultation document is made, the proposed document is to be made publicly available for a period of at least 4 weeks.
(2)  The person making the public consultation document may extend the period of public consultation for the proposed document.
9.3   Submissions about proposed public consultation documents
(1)  During the period of public consultation on a proposed public consultation document, any person may make a written submission to the person making the document.
(2)  The person making the public consultation document may (but need not) make publicly available the submissions made on the proposed document (or a summary of or report on any such submissions).
(3)  Before a person makes a public consultation document, the person is to consider any submissions made on the proposed document.
(4)  If the person making the public consultation document is not the Environment Agency Head, the person is, before making the document, to consider any recommendations made by the Environment Agency Head in relation to submissions made on the proposed document.
(5)  If substantial changes are proposed to be made to a proposed document following public consultation, the person making the document may require further public consultation in accordance with this Division on the revised proposed document.
9.4   Amendment of public consultation documents
(1)  This Division applies to any amendment of a public consultation document in the same way as it applies to the making of a public consultation document.
(2)  However, the person making a public consultation document may dispense with public consultation under this Division on any amendment if satisfied that it should be dispensed with because of the minor nature or urgency of the matter.
9.5   Validity of public consultation documents
A failure to comply with a requirement under this Division in relation to a proposed public consultation document or proposed amendment does not prevent the document from being made or amended, or invalidate the document once it is made or amended.
9.6   Regulations relating to public consultation
The regulations may make further provision for or with respect to public consultation under this Division.