75Declaration of noxious aquatic species

75 Declaration of noxious aquatic species (1) The Governor in Council may, by Order in Council, declare any aquatic species to be noxious. (2) A declaration cannot be made under subsection (1) in respect of— (a) protected aquatic biota; or (b) protected wildlife, notable wildlife or endangered wildlife under the **Wildlife Act 1975**; or S. 75(2)(c) amended by No. 28/2019 s. 49(3). (c) protected flora or part of a taxon or community of flora or fauna listed under the **Flora and Fauna Guarantee Act 1988**. (3) A declaration under subsection (1)— (a) may apply to any species of aquatic flora or fauna (whether alive or dead) specified in the declaration, other than mammals, reptiles, amphibians or birds; (b) may apply to all, or a specified part, of Victoria; (c) comes into operation on the date the Order in Council is published in the Government Gazette or any later date specified in the declaration as the date of commencement. (4) A declaration is a subordinate instrument for the purposes of the **Interpretation of Legislation Act 1984**. (5) The Governor in Council may at any time, by Order in Council, amend or revoke any Order made under subsection (1). S. 76 substituted by No. 5/1997 s. 12, amended by No. 40/2019 s. 19.