Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) (NO. 7 OF 1997) - SECT 6

6. Section 256 of the Principal Act is amended—

    (a)     by omitting from paragraph (3) (a) “and”;

    (b)     by inserting after paragraph (3) (a) the following paragraph:

    “(ab)     in the case of an application for an order relating to a pest animal or pest plant—the Conservator; and”;

    (c)     by omitting from paragraph (4A) (a) “and”;

    (d)     by inserting after paragraph (4A) (a) the following paragraph:

    “(ab)     in the case of an application for an order relating to a pest animal or pest plant—the Conservator; and”; and

    (e)     by inserting after subsection (4B) the following subsection:

“(4BA) The Minister shall refuse to make an order under subsection (4B) in relation to the controlled activity of using or managing land in a way that fails to control the propagation of a pest animal or pest plant if—

        (a)     there is a written agreement between the lessee or occupier of the land and the Minister relating to control of the propagation of the relevant pest animal or pest plant; and

        (b)     the Minister is satisfied that the lessee or occupier is giving effect to the agreement.”.