Authority may keep certain matters relating to proposals confidential
3D Authority may keep certain matters relating to proposals confidential
In this regulation —
Aboriginal site has the meaning given in the Aboriginal Heritage Act 1972 section 4;
native species has the meaning given in the Biodiversity Conservation Act 2016 section 5(1);
priority list means either of the following —
the document titled “Threatened and Priority Flora List”, as retitled or amended from time to time, published by the department principally assisting in the administration of the Biodiversity Conservation Act 2016 (the department) on its website;
the document titled “Threatened and Priority Fauna List”, as retitled or amended from time to time, published by the department on its website;
species has the meaning given in the Biodiversity Conservation Act 2016 section 5(1);
threatened species has the meaning given in the Biodiversity Conservation Act 2016 section 5(1).
The Authority may at any time refrain from publishing any of the following information if it is confidential (whether or not a request has been made under regulation 3B(2)) —
personal information;
the precise location of any of the following —
a threatened species;
any other species listed, designated or declared as threatened, endangered or vulnerable under or for the purposes of a written law;
a listed threatened species as defined in the Commonwealth Environment Act section 528;
a species listed on a priority list;
a breeding area of a species referred to in subparagraphs (i) to (iv);
the precise location of a population of a native species, or a breeding area of a native species, if the Authority considers that the survival of a population of the native species could be threatened by —
publishing that information; or
the presence or actions of persons if that information were published;
the precise location of an Aboriginal site, if the precise location of that site is identified in documentation provided to the Authority in relation to a referred proposal or an approved proposal.
[Regulation 3D inserted: SL 2021/178 r. 11; amended: SL 2023/50 r. 9; SL 2023/170 r. 9.]
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