Nature Conservation (Animals) Regulation 2020
sec.241Matters chief executive must consider
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sec.241 Matters chief executive must consider
The chief executive must consider an application for an animal authority having regard to each of the following matters— whether the chief executive is restricted from granting the authority under division 2 or chapter 4 ; the impact the activities proposed to be carried out under the authority may have on the conservation of native wildlife; the effect the grant of the authority may have on the fair and equitable access to nature, in particular, the ecologically sustainable use of wildlife; any contribution the applicant proposes to make to the conservation of nature; any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement; the precautionary principle; public health and safety; the public interest; any recovery plan for an animal to which the authority is proposed to apply; for a flying-fox roost management permit in an area (the permit area ) outside an urban flying-fox management area—whether the flying-foxes in the permit area are likely to move to, and congregate at, a tree or other place within an urban flying-fox management area, having regard to— the proximity of the permit area to the urban flying-fox management area; and the direction, from the permit area, of trees or other places suitable for the flying-foxes to move to and congregate at; for an animal authority, other than a renewable licence, proposed to take effect immediately after an existing animal authority of the same type ends— whether the existing animal authority was obtained on the basis of false or misleading information; and whether the holder of the existing animal authority, or a relevant person for the holder, has failed to comply with a condition of the existing animal authority; any other matter stated in a conservation plan as a matter the chief executive must have regard to when considering an application for the type of animal authority being applied for. Without limiting subsection (1) , the chief executive may have regard to anything else the chief executive considers appropriate to achieve the object of the Act . In this section— precautionary principle means the principle that, if there are threats of serious or irreversible environmental damage, lack of full scientific certainty must not be used as a reason for postponing measures to prevent threatening processes. s 241 sub 2025 SL No. 125 s 10 (sec.241-ssec.1) The chief executive must consider an application for an animal authority having regard to each of the following matters— whether the chief executive is restricted from granting the authority under division 2 or chapter 4 ; the impact the activities proposed to be carried out under the authority may have on the conservation of native wildlife; the effect the grant of the authority may have on the fair and equitable access to nature, in particular, the ecologically sustainable use of wildlife; any contribution the applicant proposes to make to the conservation of nature; any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement; the precautionary principle; public health and safety; the public interest; any recovery plan for an animal to which the authority is proposed to apply; for a flying-fox roost management permit in an area (the permit area ) outside an urban flying-fox management area—whether the flying-foxes in the permit area are likely to move to, and congregate at, a tree or other place within an urban flying-fox management area, having regard to— the proximity of the permit area to the urban flying-fox management area; and the direction, from the permit area, of trees or other places suitable for the flying-foxes to move to and congregate at; for an animal authority, other than a renewable licence, proposed to take effect immediately after an existing animal authority of the same type ends— whether the existing animal authority was obtained on the basis of false or misleading information; and whether the holder of the existing animal authority, or a relevant person for the holder, has failed to comply with a condition of the existing animal authority; any other matter stated in a conservation plan as a matter the chief executive must have regard to when considering an application for the type of animal authority being applied for. (sec.241-ssec.2) Without limiting subsection (1) , the chief executive may have regard to anything else the chief executive considers appropriate to achieve the object of the Act . (sec.241-ssec.3) In this section— precautionary principle means the principle that, if there are threats of serious or irreversible environmental damage, lack of full scientific certainty must not be used as a reason for postponing measures to prevent threatening processes.