Suspension or cancellation
59 Suspension or cancellation
Minister may give notice of suspension or cancellation
If, after consultation in accordance with section 58 in relation to a situation mentioned in subsection 58(2), the Environment Minister is not satisfied that the situation does not exist and will not arise, the Minister may give the appropriate Minister of the State or Territory a written notice described in subsection (2) or (3) of this section.
The Minister could give notice if the agreement declared that certain actions affecting the world heritage values of a declared world heritage property did not require approval under Part 9 if approved by the State, and the State approved an action that was not consistent with the protection, conservation and presentation of those values.
The Minister could give notice if the agreement declared that certain actions affecting the ecological character of a declared Ramsar wetland did not require approval under Part 9 if approved by the State, and the State approved an action that had a significant adverse impact on that character.
The Minister could give notice if the agreement declared that certain actions affecting a listed threatened species did not require approval under Part 9 if approved by the State, and the State approved an action that caused the species to become more threatened.
Notice of suspension
A notice may state that the effect of the agreement, or specified provisions of the agreement, for the purposes of this Act or specified provisions of Part 3 is suspended, either generally or in relation to actions in a specified class, for a period:
starting on a specified day at least 10 business days (in the capital city of the State or Territory) after the day on which the notice is given; and
ending on a specified later day or on the occurrence of a specified event.
Notice of cancellation
A notice may state that the effect of the agreement, or specified provisions of the agreement, for the purposes of this Act or specified provisions of Part 3 is cancelled, either generally or in relation to actions in a specified class, on a specified day at least 10 business days (in the capital city of the State or Territory) after the day on which the notice is given.
Effect suspended or cancelled in accordance with notice
The effect of an agreement or specified provision of an agreement is suspended or cancelled for the purposes of this Act, or of a specified provision of Part 3, either generally or in relation to actions in a specified class, in accordance with the notice. This subsection has effect subject to sections 61 and 62.
Reasons for giving notice
When giving a notice, the Environment Minister must give the appropriate Minister of the State or Territory a written statement of reasons for the giving of the notice.
Publishing notice and reasons
As soon as practicable after the suspension or cancellation occurs, the Environment Minister must publish in accordance with the regulations:
notice of the suspension or cancellation; and
reasons for the suspension or cancellation.
This provision refers to the regulations (the regulations
). Made under this Act:
- World Heritage Properties Conservation Act 1983 - Proclamation under section 10 - para 3(b) of the World Heritage Properties Conservation Regulations (26/05/1983) · under Subdiv A of Div 1 of Pt 3
- World Heritage Properties Conservation Act 1983 - Proclamation under section 9 - para 3(b) of the World Heritage Properties Conservation Regulations (26/05/1983) · under Subdiv A of Div 1 of Pt 3
97 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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