Australian Capital Territory Numbered Acts

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LAND (PLANNING AND ENVIRONMENT) (NO. 7 OF 1997) - SECT 5

Insertion

5. Before section 255 of the Principal Act the following section is inserted in Division 3 of Part VI:

“254. (1) The Minister may, by instrument—

        (a)     declare a class of animals to be pest animals; or

        (b)     declare a class of plants to be pest plants;

either generally or in a specified area.

“(2) For the purposes of subsection (1)—

‘animal' means any live vertebrate but does not include a human being.

“(3) The Minister shall not make a declaration under subsection (1) unless the Minister has consulted with—

        (a)     the Flora and Fauna Committee established under the Nature Conservation Act 1980 ; and

        (b)     in relation to a declaration proposed to be made under paragraph (1) (a)—the Animal Welfare Advisory Committee established under the Animal Welfare Act 1992 .

“(4) After making a declaration under subsection (1), the Minister—

        (a)     shall cause to be prepared a plan for the control of the propagation of animals or plants of the relevant class; and

        (b)     if the declaration was made under paragraph (1) (a)—may cause to be prepared a code of practice under the Animal Welfare Act 1992 in relation to the animals of the relevant class.

“(5) An instrument made under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .”.



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