91AASecretary may make stop work order

91AA Secretary may make stop work order

91AA Secretary may make stop work order

(1) If the Secretary is of the opinion that any action is being, or is about to be, carried out that is likely to significantly affect—

(a) protected fauna or native plants or their environment, or

(b) an Aboriginal object or Aboriginal place, or

(c) any other item of cultural heritage situated on land reserved under this Act,

the Secretary may order that the action is to cease and that no action, other than such action as may be specified in the order, is to be carried out with respect to that environment or in the vicinity of those items within a period of 40 days after the date of the order.

(1A) After the commencement of Part 11 of the Biodiversity Conservation Act 2016, an order under this section may not be made in relation to protected fauna or native plants or their environment.

(2) An order takes effect on and from the date on which—

(a) a copy of the order is affixed in a conspicuous place in the environment or place the subject of the order, or

(b) the person performing or about to perform the action is notified that the order has been made,

whichever is the sooner.

(3) This section does not apply in relation to anything authorised to be done by or under—

(a) a licence granted under this Act or the Threatened Species Conservation Act 1995, or

(b) the State Emergency and Rescue Management Act 1989 that is reasonably necessary in order to avoid a threat to life or property.

(3A) This section does not apply in relation to any thing authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.

(4) This section does not apply in relation to anything that is essential for the carrying out of—

(a) development in accordance with a development consent within the meaning of the , or