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Fisheries Management Act 1994
193Implementation of habitat protection plans
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#### 193 Implementation of habitat protection plans
193 Implementation of habitat protection plans
> > (1) The Minister is to have regard to any relevant habitat protection plan in the exercise of the Minister’s functions under this Part.
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> > (2) Public authorities are to have regard to any habitat protection plan that is relevant to the exercise of their functions.
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> > (3) A public authority is to notify the Minister of any function it proposes to exercise that is inconsistent with a habitat protection plan. The Minister may refer any dispute to the Minister responsible for the public authority. If the dispute cannot be resolved by those Ministers, it is to be referred to the Premier for resolution.
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> > (4) Any such resolution of a dispute is to be given effect to despite anything to the contrary in this section.
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> > (5) The exercise of a function is not invalid merely because it is inconsistent with a habitat protection plan.
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> > (6) This section—
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> > > (a) does not render the exercise of a function invalid merely because it is inconsistent with a habitat protection plan, and
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> > > (b) does not require or authorise action that is inconsistent with any statutory or other legal obligation of a Minister or a public authority.