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Territory Parks and Wildlife Conservation Act 1976
37Declaration of area of essential habitat
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37 Declaration of area of essential habitat
(1) Subject to section 38, if there is an area of land that, on its own or
together with another area of land or other areas of land, is a
habitat that is essential for the survival in that area or those areas of
wildlife generally or a species of wildlife, the Administrator may, by
notice in the Gazette, declare the area to be an area of essential
(2) The Administrator must not make a declaration under
subsection (1) unless:
(a) he or she is satisfied that the Director has consulted with the
owner and, if not the same person, the occupier of the land
and any other person who, in the opinion of the Director, has
an interest that is likely to be adversely affected by the
declaration; and
(b) the Minister recommends the making of the declaration under
section 38(3)(a).
(3) Despite subsection (1), if, in the opinion of the Minister, there is an
area of land in which there is a species of wildlife that is likely to
become extinct if not immediately protected, the Minister may, by
notice in the Gazette, declare the area to be an area of essential
Territory Parks and Wildlife Conservation Act 1976 54
(4) The area of land referred to in subsection (1) or (3) may be:
(a) land that has been alienated from the Crown, including
Aboriginal land but not including other freehold land; or
(b) land that is reserved or dedicated under a law in force in the
(5) In a declaration under this section, the Administrator or Minister, as
the case may be, must:
(a) describe the area of land declared to be an area of essential
habitat;
(b) specify the wildlife to which the declaration relates;
(c) give the reasons for making the declaration;
(d) give details of the proposed management of the area the
subject of the declaration, including specification of the
objectives of making the declaration and any management
programs, co-operative management programs and by-laws
made under section 71 that apply to the land; and
(e) state that the land the subject of the declaration is to be used
and enjoyed in a manner that is consistent with the objectives
of the declaration.
(6) In a declaration under this section, the Administrator or the Minister,
as the case may be, may specify:
(a) an article, thing, animal or plant that may not be taken into or
out of the area of essential habitat the subject of the
declaration; or
(b) the activities that may not be carried out in the area of
essential habitat the subject of the declaration,
unless authorised in writing by the Director.
(7) The land the subject of a declaration under this section is to be
used and enjoyed in a manner that is consistent with the
declaration.
Territory Parks and Wildlife Conservation Act 1976 55