This legislation has been repealed.
(1) The Minister may,
by notice in the Gazette—
(a)
declare that a specified provision of this Chapter applies to—
(i)
a specified class of animals; or
(ii)
a specified class of plants; and
(b) in
addition, with respect to a class of animals or a class of plants specified
under paragraph (a)
, do either or both of the following:
(i)
declare that a specified area (which may be the whole or
a part of the State) is a control area for that class of animals or plants for
the purposes of that provision;
(ii)
declare that a prohibition contained in that provision
operates as an absolute prohibition in relation to that class of animals or
plants and control area (if any).
(2) The Minister may,
by subsequent notice in the Gazette, vary or revoke a notice under subsection (1)
.
(3) A notice under subsection (1)
cannot be made with respect to a class of native animals.
(4) Subsection (3)
does not apply if the notice is being made to give effect to a provision of an
NRM plan.
(5) For the purposes
of this Chapter, there will be 3 categories of animals and plants declared
under subsection (1)
, being—
(a)
Category 1; or
(b)
Category 2; or
(c)
Category 3.
(6) The following
provisions will apply in relation to the assignment of animals and plants
declared under subsection (1)
to these categories:
(a) a
particular class of animals or plants may be assigned to a category by a
declaration of the Minister under subsection (1)
, or by a separate notice published by the Minister in the Gazette under this
subsection;
(b) a
particular class of animals or plants may be assigned to different categories
for different parts of the State and for the purposes of different provisions
of this Chapter;
(c) any
class of animals or plants that is not assigned to a category in the manner
contemplated by paragraph (a)
will be taken to be assigned to Category 1 in the particular
circumstances.
(7) The Minister may,
by subsequent notice in the Gazette, vary or revoke a notice under subsection (6)
.