9. Relationship to the Crown, government departments and local governments and other persons exercising rights or duties
(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 ¾the 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.]