Biodiversity Conservation Act 2016

The CEO may give a written notice (a habitat conservation notice) to a person requiring the person to ensure that habitat damage, or further habitat damage, does not occur on land, if the CEO reasonably believes that —

habitat damage is likely to occur on the land; or

habitat damage is occurring or has occurred on the land.

A habitat conservation notice may be given to one or more of the following people —

an owner of the land;

an occupier of the land;

a person other than an owner or occupier of the land, if the CEO considers that it is practicable for that person to comply with and give effect to the habitat conservation notice.

A habitat conservation notice must —

specify the name and address of the person to whom it is given; and

specify the reason for which it is given; and

inform the person to whom it is given that contravention of it could result in a fine, the CEO taking remedial action, or both.

A habitat conservation notice may require any person bound by it to take specified measures, within or for the duration of a specified period, for one or more of the following purposes —

to repair any habitat damage that has occurred;

to re‑establish and maintain critical habitat in any area affected by habitat damage to a condition as near as possible to the condition of the critical habitat before the habitat damage occurred;

to prevent the erosion, drift or movement of sand, soil, dust or water;

to ensure that specified land, or a specified watercourse or wetland (as those terms are defined in the Rights in Water and Irrigation Act 1914), where critical habitat is or was located will not be —

damaged or detrimentally affected; or

further damaged or detrimentally affected.

Before a habitat conservation notice containing a requirement under subsection (4) is given to a person, the CEO must, by written notice given to the person, invite the person to make submissions to the CEO within a period specified in that notice on any matter relevant to the determination of whether or not the person should have to take the measures that the CEO intends to specify in the habitat conservation notice.

The CEO must consider any submissions that are received within the period specified under subsection (5).