(1) The provisions of this Act relating to flora bind the Crown.

(2) Where in relation to a provision of this Act relating to flora a matter arises, or may arise, with respect to any right, power or authority of, or the discharge of any duty by, a government department or a local government, the following provisions apply ¾

(a) where the matter relates to a government department ¾ the Minister charged with the administration of the government department may consult with the Minister;

(b) where the matter relates to a local government ¾ the local government shall refer the matter to the Minister charged with the administration of the Local Government Act 1995, who may consult with the Minister;

(c) where the Ministers agree, the Minister shall give such directions as are agreed to as a result of those consultations;

(d) where the Ministers do not agree the matter shall be referred to the Governor; and

(e) the Governor may finally and conclusively determine the matter and effect shall be given to any such determination.

(3) Where in relation to a provision of this Act relating to flora a matter arises, or may arise, with respect to the exercise of any right or the performance of any duty or obligation conferred or imposed on a person, not being a government department or local government, by or under any Act or agreement to which the State is a party and which is ratified or approved by an Act the matter shall be finally and conclusively determined by the Minister upon a written application by that person to the Minister and effect shall be given to that determination.

(4) In this section ¾

}government department~ includes any instrumentality of the Crown in the right of the State, whether a corporation, agency or other authority.

[Section 9 inserted by No. 86 of 1976 s.5 (as amended by No. 28 of 1979 s.4); amended by No. 14 of 1996 s.4.]