73BAdoption, amendment and cancellation of plans of management

#### 73B Adoption, amendment and cancellation of plans of management 73B Adoption, amendment and cancellation of plans of management > > (1) The Minister may do the following after considering representations made under section 73A and advice from the appropriate regional advisory committee and, if provided, advice from the Council— > > > > > (a) adopt a plan of management without alteration, > > > > > (b) adopt a plan of management with the alterations the Minister thinks fit, > > > > > (c) refer the plan of management back to the responsible authority for further consideration. > > > (1A) For subsection (1), advice received from the appropriate regional advisory committee and the Council in relation to land reserved or dedicated under Part 4A must be provided to the Minister by the responsible authority. > > > (1B) Despite subsections (1) and (1A) the Minister may— > > > > > (a) if the appropriate regional advisory committee or responsible authority do not provide advice— > > > > > > > (i) adopt a plan of management, without alteration or with the alterations the Minister thinks fit, or > > > > > > > (ii) refer the plan of management back to the responsible authority and the regional advisory committee for further consideration, or > > > > > (b) if the appropriate regional advisory committee is not properly constituted—adopt a plan of management, without alteration or with the alterations the Minister thinks fit, or > > > > > (c) consider advice provided by the appropriate regional advisory committee after the expiration of the period for providing advice to the Minister under section 73A(9). > > > (2) The Minister is to refer the plan of management back to the responsible authority for consideration if the Minister has not adopted the plan within 12 months after receiving it for consideration. > > > (3) The Minister may, on the recommendation of the responsible authority— > > > > > (a) amend or alter a plan of management from time to time, or > > > > > (b) cancel a plan of management, or > > > > > (c) cancel a plan of management and substitute a new plan of management. > > > (4) If the Minister proposes to amend or alter a plan of management, or to cancel a plan of management and substitute a new plan of management, the Minister is to instruct the responsible authority to cause the amendment, alteration or new plan of management to be prepared. > > > (5) The responsible authority is to cause the amendment, alteration or new plan of management to be prepared as soon as possible. > > > (6) The Minister may take action under subsection (1), (1B) or (3)— > > > > > (a) in relation to a plan of management for a wildlife refuge—only with the consent in writing of the owner or holder, and the occupier, of the land to which the plan of management relates, or > > > > > (b) in relation to a plan of management for a conservation area or proposed conservation area—only with the consent in writing of the owner of the land to which the plan of management relates, or > > > > > (c) in relation to a plan of management for a State forest—only with the concurrence in writing of the Forestry Corporation. > > > (7) Sections 72AA, 72AB, 73A, 74 and 75 and subsections (1)–(6) apply to and in respect of an amendment, alteration or substitution of a plan of management in the same way as they apply to the preparation of a new plan of management. > > > > However, in relation to an amendment or alteration of a plan of management, the reference in section 73A (2) (c) (as applied) to “60 days” is taken to be a reference to “42 days”. > > > (8) Despite the other provisions of this section, the Minister is to cancel a plan of management for a State forest at the request in writing of the Forestry Corporation. > > Note. > > Sections 74 and 80 include other provisions relating to the adoption, amendment and cancellation of plans of management for certain land. > > **s 73B:** Ins 2001 No 130, Sch 1 \[58\]. Am 2006 No 90, Sch 8 \[9\]; 2010 No 41, Sch 1 \[13\]; 2012 No 96, Sch 4.24 \[5\]; 2021 No 47, Sch 1.2\[7\]–\[9\]; 2024 No 42, Sch 1\[6\].