sec.51Inconsistency between management plan and nature conservation instrument

### sec.51 Inconsistency between management plan and nature conservation instrument If there is any inconsistency between a management plan and a nature conservation instrument in relation to an area, the State Minister must determine, by written notice, whether the management plan or the nature conservation instrument is to prevail to the extent of the inconsistency. In making the determination, the State Minister must have regard to the following matters— the protection of the area’s natural heritage; the protection of the biological diversity of the area’s native wildlife and its habitat; any other aspects of the public interest that the Minister considers relevant (including financial considerations). Subsection (2) does not limit the matters to which the State Minister may have regard in making the determination. To remove any doubt, subsection (1) does not affect any rights that Aboriginal people have in relation to native wildlife under another Act. A notice under subsection (1) is subordinate legislation. In this section— nature conservation instrument means any of the following under the Nature Conservation Act 1992 — a conservation plan; a management plan; a management program; a management statement. s 51 amd 2022 No. 21 s 64 s ch 1 pt 2 ; 2023 No. 6 s 140 (sec.51-ssec.1) If there is any inconsistency between a management plan and a nature conservation instrument in relation to an area, the State Minister must determine, by written notice, whether the management plan or the nature conservation instrument is to prevail to the extent of the inconsistency. (sec.51-ssec.2) In making the determination, the State Minister must have regard to the following matters— the protection of the area’s natural heritage; the protection of the biological diversity of the area’s native wildlife and its habitat; any other aspects of the public interest that the Minister considers relevant (including financial considerations). (sec.51-ssec.3) Subsection (2) does not limit the matters to which the State Minister may have regard in making the determination. (sec.51-ssec.4) To remove any doubt, subsection (1) does not affect any rights that Aboriginal people have in relation to native wildlife under another Act. (sec.51-ssec.5) A notice under subsection (1) is subordinate legislation. (sec.51-ssec.6) In this section— nature conservation instrument means any of the following under the Nature Conservation Act 1992 — a conservation plan; a management plan; a management program; a management statement. - (a) the protection of the area’s natural heritage; - (b) the protection of the biological diversity of the area’s native wildlife and its habitat; - (c) any other aspects of the public interest that the Minister considers relevant (including financial considerations). - (a) a conservation plan; - (b) a management plan; - (c) a management program; - (d) a management statement.