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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 139

Requirements for decisions about threatened species and endangered communities

  (1)   In deciding whether or not to approve for the purposes of a subsection of section   18 or section   18A the taking of an action, and what conditions to attach to such an approval, the Minister must not act inconsistently with:

  (a)   Australia's obligations under:

  (i)   the Biodiversity Convention; or

  (ii)   the Apia Convention; or

  (iii)   CITES; or

  (b)   a recovery plan or threat abatement plan.

  (2)   If:

  (a)   the Minister is considering whether to approve, for the purposes of a subsection of section   18 or section   18A, the taking of an action; and

  (b)   the action has or will have, or is likely to have, a significant impact on a particular listed threatened species or a particular listed threatened ecological community;

the Minister must, in deciding whether to so approve the taking of the action, have regard to any approved conservation advice for the species or community.


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