Page 3313 - Week 10 - Thursday, 25 September 2014

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Clause 31

Page 34, line 7—

[oppose the clause]

Clause 32

Proposed new section 42A

Page 34, line 17—

omit proposed new section 42A, substitute

42A Registration of place or object under this Act limited if declaration under Nature Conservation Act 1980 in force

The council may register a place or object that has native flora, native fauna or a process, that is, or is likely to be, the subject of a declaration in force under the Nature Conservation Act 1980, section 38, only if the place or object also has—

(a) cultural heritage significance; or

(b) natural heritage significance of a kind not protected under the Nature Conservation Act 1980.

Example

The council registers a homestead and its surrounding property that includes vegetation that is the subject of a declaration in force under the Nature Conservation Act 1980, s 38, because of either of the following:

(a) the homestead and surrounding property have cultural heritage significance because of the homestead’s special association with the ACT community;

(b) the surrounding property on which the homestead is located contains an unusual geological formation (the Nature Conservation Act 1980 is principally concerned with the protection of flora and fauna).

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Clause 36

Proposed new section 45 (2)

Page 37, line 24—

omit

before making its heritage finding

Clause 37

Proposed new section 45A (2)

Page 38, line 7—

omit proposed new section 45A (2), substitute

(2) In deciding whether the place or object should cease to be registered, the council must consult, and consider the views of, the Flora and Fauna Committee.

Clause 38

Proposed new section 46 (2), note

Page 38, line 21—

omit

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