Australian Capital Territory Current Acts

NATURE CONSERVATION ACT 2014 - SECT 100

In this part:

"draft action plan", for a relevant species, relevant ecological community or key threatening process—

        (a)     means a draft plan that—

              (i)     for a relevant species—

    (A)     sets out proposals to ensure, as far as practicable, the identification, protection and survival of the species; and

    (B)     if there is a known critical habitat for the species—identifies the critical habitat; and

    (C)     for regular migratory species—may include maps of potential habitats of the species; and

    (D)     may propose management strategies to ensure the persistence of the species; and

    (E)     may state requirements for monitoring the species and its habitats; and

              (ii)     for a relevant ecological community—

    (A)     sets out proposals to ensure, as far as practicable, the identification, protection and survival of the community; and

    (B)     if there is a known critical habitat for the community—identifies the critical habitat; and

              (iii)     for a key threatening process—sets out proposals to minimise any effect of the process that threatens a relevant species or relevant ecological community; and

Note     Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act

, s 48).

        (b)     includes anything required to be included by a conservator guideline; and

Note     Conservator guidelines —see  s 23.

        (c)     may apply, adopt or incorporate an instrument as in force from time to time.

Examples—instrument that may be applied, adopted or incorporated

1     a "native species conservation plan", for a native species (see  s 115)

2     a recovery plan under the Environment Protection and Biodiversity Conservation Act 1999

(Cwlth), s 269A

Note 1     The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act

, s 47 (5) or (6) is not disapplied (see  s 47 (7)).

Note 2     A notifiable instrument must be notified under the Legislation Act

.