69Action before recommendation

69 Action before recommendation

(1) Before making a recommendation under this Division relating to an animal the Minister must—

S. 69(1)(a) repealed by No. 39/1998
s. 6(2)(Sch. 1 item 12(a)).

(b) have regard to how the animal is classified under any pest control system under a law of the Commonwealth, another State or a Territory and the need for national uniformity in the classification of pest animals.

S. 69(2) substituted by No. 35/2009 s. 9, repealed by No. 48/2021 s. 115(1).

S. 69(3) amended by No. 39/1998
s. 6(2)(Sch. 1 item 12(b)), substituted by No. 35/2009 s. 9, amended by No. 48/2021 s. 115(2).

(3) Before making any of the following recommendations, the Minister must get advice on the proposal from the Authority of the region in which the declaration applies or will apply—

(a) a recommendation to declare a plant as a noxious weed;

(b) a recommendation to revoke a declaration of a plant as a noxious weed;

(c) a recommendation to amend an Order under section 58—

(i) to declare a plant as a noxious weed; or

(ii) to revoke the declaration of a plant as a noxious weed.

S. 69(4) amended by Nos 39/1998
s. 6(2)(Sch. 1 item 12(c)), 48/2021 s. 115(3).

(4) The advice of an Authority under subsection (3) must include—

(a) an assessment of the extent and severity of impact of the animal or plant in Victoria; and

(b) suggested measures for the management of any infestation of the animal or plant; and

(c) an estimate of the cost of these measures and how it might be funded.

S. 69(5) amended by Nos 39/1998
s. 6(2)(Sch. 1 item 12(d)), 48/2021 s. 115(4).

(5) The Minister may, in a particular case or class of cases, exempt an Authority from complying with subsection (4).

S. 69(6) inserted by No. 67/2006 s. 12.

(6) Subsection (3) does not apply if the Minister is satisfied that the plant is not or has not or does not have the potential to become a serious threat to primary production, Crown land, the environment or community health in Victoria.

S. 69A inserted by No. 35/2009 s. 10.