Nature Conservation (Plants) Regulation 2020

The chief executive must consider an application for a plant authority having regard to each of the following matters—

whether the chief executive is restricted from granting the authority under part 1 or chapter 4, parts 3 to 7;

whether the applicant is a suitable person to hold the authority;

the impact the activities proposed to be carried out under the authority may have on the conservation of native wildlife;

the effect the grant of the authority may have on the fair and equitable access to nature, in particular, the ecologically sustainable use of wildlife;

any contribution the applicant proposes to make to the conservation of nature;

any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement;

the precautionary principle;

public health and safety;

the public interest;

any recovery plan for a plant to which the authority is proposed to apply;

for a plant authority proposed to take effect immediately after an existing plant authority of the same type ends—

whether the existing plant authority was obtained on the basis of incorrect or misleading information; and

whether the holder of the existing plant authority, or a relevant person for the holder, has failed to comply with a condition of the existing plant authority;

for an Aboriginal tradition authority—any advice given by the corporation named in the application on the significance, under Aboriginal tradition, of the activity proposed to be carried out under the authority;

for an Ailan Kastom authority—any advice given by the corporation named in the application on the significance, under Ailan Kastom, of the activity proposed to be carried out under the authority;

any other matter stated in a conservation plan as a matter the chief executive must have regard to when considering an application for the authority.

Without limiting subsection (1), the chief executive may have regard to anything else the chief executive considers appropriate to achieve the object of the Act.

In this section—