sec.173BCourt may make declarations

### sec.173B Court may make declarations A person may bring a proceeding in the court for a declaration about a following matter, other than an excluded matter— a matter that has been, is to be or should have been done for this Act; the construction of— this Act, including, for example, a conservation plan or a management plan; or an authority granted, made, issued or given under the Act over, or in relation to, land in a protected area; or a licence, permit or other authority issued or given under a regulation; the lawfulness under this Act of an activity. The court has jurisdiction to hear and decide a proceeding for a declaration under this section. A person who starts a proceeding under this section must, within 7 days after the person starts the proceeding, give the chief executive written notice of the proceeding. Maximum penalty—20 penalty units. The Minister or the chief executive may choose to be a party to the proceeding by filing in the court a notice of election in the form approved by the chief executive. In this section— excluded matter means a matter relating to— a licence, permit or other authority issued or given under a regulation authorising— the recreational keeping of wildlife; or the care and rehabilitation of sick, injured or orphaned protected animals or animals whose habitats have been destroyed by human activity or natural disaster; or camping in protected areas. s 173B ins 2003 No. 96 s 23 (sec.173B-ssec.1) A person may bring a proceeding in the court for a declaration about a following matter, other than an excluded matter— a matter that has been, is to be or should have been done for this Act; the construction of— this Act, including, for example, a conservation plan or a management plan; or an authority granted, made, issued or given under the Act over, or in relation to, land in a protected area; or a licence, permit or other authority issued or given under a regulation; the lawfulness under this Act of an activity. (sec.173B-ssec.2) The court has jurisdiction to hear and decide a proceeding for a declaration under this section. (sec.173B-ssec.3) A person who starts a proceeding under this section must, within 7 days after the person starts the proceeding, give the chief executive written notice of the proceeding. Maximum penalty—20 penalty units. (sec.173B-ssec.4) The Minister or the chief executive may choose to be a party to the proceeding by filing in the court a notice of election in the form approved by the chief executive. (sec.173B-ssec.5) In this section— excluded matter means a matter relating to— a licence, permit or other authority issued or given under a regulation authorising— the recreational keeping of wildlife; or the care and rehabilitation of sick, injured or orphaned protected animals or animals whose habitats have been destroyed by human activity or natural disaster; or camping in protected areas. - (a) a matter that has been, is to be or should have been done for this Act; - (b) the construction of— (i) this Act, including, for example, a conservation plan or a management plan; or (ii) an authority granted, made, issued or given under the Act over, or in relation to, land in a protected area; or (iii) a licence, permit or other authority issued or given under a regulation; - (i) this Act, including, for example, a conservation plan or a management plan; or - (ii) an authority granted, made, issued or given under the Act over, or in relation to, land in a protected area; or - (iii) a licence, permit or other authority issued or given under a regulation; - (c) the lawfulness under this Act of an activity. - (i) this Act, including, for example, a conservation plan or a management plan; or - (ii) an authority granted, made, issued or given under the Act over, or in relation to, land in a protected area; or - (iii) a licence, permit or other authority issued or given under a regulation; - (a) a licence, permit or other authority issued or given under a regulation authorising— (i) the recreational keeping of wildlife; or (ii) the care and rehabilitation of sick, injured or orphaned protected animals or animals whose habitats have been destroyed by human activity or natural disaster; or - (i) the recreational keeping of wildlife; or - (ii) the care and rehabilitation of sick, injured or orphaned protected animals or animals whose habitats have been destroyed by human activity or natural disaster; or - (b) camping in protected areas. - (i) the recreational keeping of wildlife; or - (ii) the care and rehabilitation of sick, injured or orphaned protected animals or animals whose habitats have been destroyed by human activity or natural disaster; or