38Submissions regarding declaration of area of essential habitat

38 Submissions regarding declaration of area of essential habitat (1) Before the Administrator makes a declaration under section 37(1) and on the making by the Minister of a declaration under section 37(3), the Minister must invite written submissions in respect of the declaration from: (a) the owner and, if not the same person, the occupier of the land that is or is proposed to be the subject of the declaration and any other person who, in the opinion of the Director, has an interest that is likely to be adversely affected by the declaration by serving a written notice on each of those persons; and (b) any other interested person by giving public notice. (2) Notice under subsection (1) is to: (a) include a description of the terms of the declaration; and (b) specify the date not more than 28 days after the date of the notice by which submissions are to be received by the Minister. (3) The Minister must consider each submission made to the Minister under this section and any other matter that comes to his or her attention in relation to the declaration and may: (a) if the declaration is proposed to be made under section 37(1) – make the recommendation he or she thinks appropriate to the Administrator in relation to the making of the declaration or refuse to recommend the making of the declaration; or (b) if the Minister made the declaration under section 37(3) – vary (including by the imposition of conditions) or revoke the declaration as he or she thinks appropriate.