58CDeclaration of notifiable species

58C Declaration of notifiable species

(1) The Minister, by notice published in the Government Gazette, may declare a State prohibited weed or a restricted pest animal to be a notifiable species.

(2) A declaration must apply to the whole State.

(3) A declaration comes into effect on the day on which the notice is published in the Government Gazette.

(4) The Minister, by notice published in the Government Gazette, must vary a declaration under subsection (1) to remove a notifiable species from being subject to the declaration if—

(a) the notifiable species is no longer a State prohibited weed or a restricted pest animal; or

(b) the Minister is satisfied that the notifiable species has been eradicated or is not able to be eradicated; or

(c) the Minister is satisfied that the declaration is not delivering the expected benefits of the declaration or is ineffective in achieving the purpose of the declaration.

(5) The Minister, by notice published in the Government Gazette, must revoke a declaration under subsection (1) if—

(a) every notifiable species subject to the declaration is no longer a State prohibited weed or a restricted pest animal; or

(b) if the Minister is satisfied that every notifiable species subject to the declaration has been eradicated or is not able to be eradicated; or

(c) the Minister is satisfied that the declaration is not delivering the expected benefits of the declaration or is ineffective in achieving the purpose of the declaration; or

(d) the Minister is satisfied there is another reason why the declaration is no longer required.

(6) A copy of a notice under subsection (1), (4) or (5) must be published—

(b) on the Department's Internet site.

(7) A declaration ceases to have effect on the day on which a notice under subsection (5) is published in the Government Gazette.

(8) A person who suspects the presence of a notifiable species on land must without delay notify the Secretary of that fact by the quickest means of communication available to that person.

S. 59 (Heading) inserted by No. 61/2003 s. 16(1).