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Territory Parks and Wildlife Conservation Act 1976
38Submissions regarding declaration of area of essential habitat
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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.