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s 42

Parliament’s approval required for certain proposals

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Part 3Threatened species and threatened ecological communities
Division 1Threatened species

42 Parliament’s approval required for certain proposals

(1)

In this section —

proposal means —

(a)

a proposal to give an authorisation under section 40; or

(b)

a proposal to amend an authorisation given under that section.

(2)

This section applies to a proposal if, in the opinion of the Minister, the authorisation or amendment the subject of the proposal could be expected to result in the threatened species to which the proposal relates becoming eligible for listing as an extinct species in the near future.

(3)

Despite subsection (2), this section does not apply to a proposal if the purpose of the taking or disturbance to which the proposal relates is to establish a breeding colony or a population in cultivation so that the threatened species can be reintroduced into the wild at a later time.

(4)

The Minister must not give the authorisation or make the amendment the subject of a proposal to which this section applies unless the proposal —

(a)

has been laid before each House of Parliament; and

(b)

has been approved by a resolution passed by both Houses of Parliament.

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