Section 351 — Environment Protection and Biodiversity Conservation Act 1999: Report before making Proclamation

Minister must consider report before Proclamation made (1) Before the Governor-General makes a Proclamation under this Subdivision, the Minister must consider a report prepared by the Director on the matter to be dealt with by the Proclamation. Procedure for preparing report (2) In preparing a report, the Director must: (a) publish in the Gazette and in accordance with the regulations (if any) a notice: (i) stating the matter to be dealt with by the Proclamation; and (ii) inviting the public to comment on the matter to be dealt with by the Proclamation; and (iii) specifying the address to which comments may be sent; and (iv) specifying the day by which any comments must be sent; and (b) consider any comments made in response to the invitation; and (c) include in the report the comments and the Director’s views on the comments. Content of notice inviting comments (3) A notice stating the matter to be dealt with by a Proclamation to declare a Commonwealth reserve must include a statement of: (a) the proposed name of the reserve; and (b) the proposed boundaries of the reserve and of any zones into which the reserve is to be divided; and (c) the purpose for which the reserve is to be declared; and (d) which IUCN category the reserve (and, if applicable, each zone of the reserve) is to be assigned to; and (e) the purposes for which it is intended to manage and use the reserve. Content of notice relating to revocation of Commonwealth reserve (4) A notice stating the matter to be dealt with by a Proclamation to cause any land, sea or seabed to cease to be part of a Commonwealth reserve must state the boundaries of that land, sea or seabed. Time for comment (5) The day specified in the notice as the day by which any comments must be sent must be at least 60 days after the last day on which the notice is published in the Gazette or in accordance with any regulations. When this section does not apply (6) Subsection (1) does not apply in relation to a Proclamation that: (a) declares an area in the Kakadu region to be a Commonwealth reserve; or (b) has the effect of changing the name of a Commonwealth reserve in the Kakadu region; or (c) results in land, sea or seabed ceasing to be included in one Commonwealth reserve and being included in another Commonwealth reserve without changing the IUCN category to which the land, sea or seabed is assigned.