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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 153

Minister must make declaration if he or she endorses plan or policy

             (1)  This section applies if:

                     (a)  the Minister makes an agreement under section 146 as required by this Division and endorses under the agreement:

                              (i)  a plan of management under the Fisheries Management Act 1991 for a fishery; or

                             (ii)  policies of the Australian Fisheries Management Authority for managing a fishery for which there is not a plan of management under the Fisheries Management Act 1991 ; or

                            (iii)  a plan of management under the Torres Strait Fisheries Act 1984 for a fishery; or

                            (iv)  policies for managing fishing under the Torres Strait Fisheries Act 1984 ; and

                     (b)  the Minister accredits, under subsection 33(3) of this Act, as an accredited arrangement a management plan or regime consisting of the endorsed plan or policies.

             (2)  The Minister must make a declaration under section 33 that actions approved in accordance with the accredited arrangement do not require an approval under Part 9 for the purposes of subsection 23(1), (2) or (3) or subsection 24A(1), (2), (3), (4), (5) or (6).

Note:          The declaration and accreditation will allow actions that would otherwise be prohibited by sections 23 and 24A to be taken without approval if they are taken in accordance with the accredited arrangement. See section 32.



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