36BCommunity land comprising the habitat of threatened species

36B Community land comprising the habitat of threatened species

36B Community land comprising the habitat of threatened species

(1) In this section—

recovery plan means a recovery plan under Part 4 of the Threatened Species Conservation Act 1995 or Division 5 of Part 7A of the Fisheries Management Act 1994.

relevant Director means—

(a) in relation to a recovery plan under Part 4 of the Threatened Species Conservation Act 1995 or a threat abatement plan under Part 5 of that Act, the Chief Executive of the Office of Environment and Heritage, and

(b) in relation to a recovery plan or a threat abatement plan under Division 5 of Part 7A of the Fisheries Management Act 1994, the Secretary of the Department of Industry, Skills and Regional Development.

threat abatement plan means a threat abatement plan under Part 5 of the Threatened Species Conservation Act 1995 or Division 5 of Part 7A of the Fisheries Management Act 1994.

(2) For the purposes of this section, land is directly affected by a recovery plan or threat abatement plan only if the plan concerned requires measures specified in the plan to be taken by a specified council on or in respect of the land.

(3) A plan of management adopted in respect of an area of community land, all or part of which is directly affected by a recovery plan or threat abatement plan, is to apply to that area only, and not to other areas of land.

(4) A plan of management to be adopted for an area of community land, all or part of which is directly affected by a recovery plan or threat abatement plan—

(a) must state that the land, or the relevant part, is so affected, 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 council’s obligations under the recovery plan or threat abatement plan in relation to the land, and