sec.372Amending map in other circumstances

sec.372 Amending map in other circumstances

The chief executive may, on the chief executive’s own initiative, amend the urban flying-fox management area map— to include an area if the chief executive believes flying-foxes are impacting on human health or wellbeing in the area; or to remove an urban flying-fox management area if the chief executive believes— the local government for the area has contravened the flying-fox roost management code or the flying-fox roost low impact activities code; or the conservation of flying-foxes can not reasonably be achieved by allowing action authorised under section 61 to happen in the area. The destruction of flying-fox roosts, when combined with a heatwave in the local government area, would adversely affect the survival of flying-foxes in the area. The chief executive must— give the local government for the affected urban flying-fox management area notice of the amendment at least 2 days before the day the map is amended; and publish a notice, stating the nature of the amendment, on the department’s website on the day the amendment is made. A notice under subsection (2) must state— the period (the effective period ), of not more than 3 months, during which the amendment is in effect after it takes effect; and the reason for the amendment. If an urban flying-fox management area is removed from the urban flying-fox management area map under subsection (1) (b) , the chief executive must, before the end of the effective period for the removal— ask the local government for the area for any information relevant to the removal; and consider any information given to the chief executive by the local government under paragraph (a) ; and decide— to amend the map to reinstate the area, or part of the area; or not to amend the map. The chief executive must— give the local government notice of the chief executive’s decision under subsection (4) (c) ; and publish a notice stating the chief executive’s decision on the department’s website. A notice under subsection (5) must state— the reason for the chief executive’s decision; and if the chief executive decides not to amend the map—the day the decision takes effect. If the chief executive decides to amend the map under subsection (4) (c) (i) , the chief executive may amend the map in the way decided by the chief executive. The chief executive must publish a notice, stating the nature of the amendment, on the department’s website on the day the amendment is made. (sec.372-ssec.1) The chief executive may, on the chief executive’s own initiative, amend the urban flying-fox management area map— to include an area if the chief executive believes flying-foxes are impacting on human health or wellbeing in the area; or to remove an urban flying-fox management area if the chief executive believes— the local government for the area has contravened the flying-fox roost management code or the flying-fox roost low impact activities code; or the conservation of flying-foxes can not reasonably be achieved by allowing action authorised under section 61 to happen in the area. The destruction of flying-fox roosts, when combined with a heatwave in the local government area, would adversely affect the survival of flying-foxes in the area. (sec.372-ssec.2) The chief executive must— give the local government for the affected urban flying-fox management area notice of the amendment at least 2 days before the day the map is amended; and publish a notice, stating the nature of the amendment, on the department’s website on the day the amendment is made. (sec.372-ssec.3) A notice under subsection (2) must state— the period (the effective period ), of not more than 3 months, during which the amendment is in effect after it takes effect; and the reason for the amendment. (sec.372-ssec.4) If an urban flying-fox management area is removed from the urban flying-fox management area map under subsection (1) (b) , the chief executive must, before the end of the effective period for the removal— ask the local government for the area for any information relevant to the removal; and consider any information given to the chief executive by the local government under paragraph (a) ; and decide— to amend the map to reinstate the area, or part of the area; or not to amend the map. (sec.372-ssec.5) The chief executive must— give the local government notice of the chief executive’s decision under subsection (4) (c) ; and publish a notice stating the chief executive’s decision on the department’s website. (sec.372-ssec.6) A notice under subsection (5) must state— the reason for the chief executive’s decision; and if the chief executive decides not to amend the map—the day the decision takes effect. (sec.372-ssec.7) If the chief executive decides to amend the map under subsection (4) (c) (i) , the chief executive may amend the map in the way decided by the chief executive. (sec.372-ssec.8) The chief executive must publish a notice, stating the nature of the amendment, on the department’s website on the day the amendment is made.