Interaction with other Acts
245 Interaction with other Acts
An authorised officer, other than a Chief Officer or an authorised officer acting with the approval of the Chief Executive or a Chief
Officer, must not in the exercise of a power under this Part—
destroy a fish that is an aquatic resource of a protected species under the
Fisheries
Management Act 2007;
or
destroy a living thing that is an animal or plant that is subject to any form of protection under the National
Parks and Wildlife Act 1972;
or
clear any native vegetation that is subject to any form of protection under the Native
Vegetation Act 1991;
or
damage, destroy or disturb any place, object, specimen, artefact or other thing that is subject to any form of protection under the Heritage
Places Act 1993;
or
damage, destroy or disturb any Aboriginal site, object or remains that are subject to any form of protection under the Aboriginal
Heritage Act 1988.
The
Minister must, in connection with the operation of this section, enter into an arrangement with the Minister responsible for the administration of any Act referred to in subsection (1) specifying the circumstances in which that Minister is to be consulted before action is taken under that subsection.
The
Chief Executive, a Chief Officer or an authorised officer must, when acting under subsection (1), take into account the requirements of an arrangement under subsection (2).
An arrangement under subsection (2) does not limit the power of a Chief Officer or an authorised officer to do anything in the case of an emergency.
Furthermore, this section (including an arrangement under subsection (2) does not limit the power of a Chief Officer or an authorised officer to do a thing where that action is expressly authorised by—
an emergency order; or
a control order; or
a biosecurity direction; or
any regulation.
This section applies despite the provisions of any Act referred to in subsection (1).
This Act’s bill:Second reading speech
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