36ACommunity land comprising the habitat of endangered species

36A Community land comprising the habitat of endangered species

36A Community land comprising the habitat of endangered species

(1) In this section—

critical habitat means—

(a) an area declared to be critical habitat under the Threatened Species Conservation Act 1995, or

(b) an area declared to be critical habitat under Part 7A of the Fisheries Management Act 1994.

relevant Director means—

(a) in relation to critical habitat being an area declared to be critical habitat under the Threatened Species Conservation Act 1995, the Chief Executive of the Office of Environment and Heritage, and

(b) in relation to critical habitat being an area declared to be critical habitat under Part 7A of the Fisheries Management Act 1994, the Secretary of the Department of Industry, Skills and Regional Development.

(2) A plan of management adopted in respect of an area of community land, all or part of which consists of critical habitat, is to apply to that area only, and not to other areas of land.

(3) A plan of management to be adopted for an area of community land, all or part of which consists of critical habitat—

(a) must, subject to any decision of the Chief Executive of the Office of Environment and Heritage under section 146 of the Threatened Species Conservation Act 1995 or any decision of the Secretary of the Department of Industry, Skills and Regional Development under section 220Y of the Fisheries Management Act 1994, state that the land, or the relevant part, is critical habitat, and

(b) must, in complying with section 36(3)(a), categorise the land, or the relevant part, as a natural area, and

(c) must, in complying with section 36(3)(b), (c) and (d), identify objectives, performance targets and other matters that—

(i) take account of the existence of the critical habitat, and

(ii) are consistent with the objects of the or the , as the case requires, and