Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 265

  (1)   The Minister may, by instrument in writing, accredit for the purposes of this Division:

  (a)   a plan of management within the meaning of section   17 of the Fisheries Management Act 1991 ; or

  (b)   a plan of management within the meaning of section   15A of the Torres Strait Fisheries Act 1984 ; or

  (c)   a plan of management, or a policy, regime or any other arrangement, for a fishery, that is:

  (i)   made by a State or self - governing Territory; and

  (ii)   in force under a law of the State or self - governing Territory; or

  (d)   a regime determined in writing by the Australian Fisheries Management Authority under the Fisheries Administration Act 1991 for managing a fishery for which a plan of management (within the meaning of section   17 of the Fisheries Management Act 1991 ) is not in force; or

  (e)   a policy formulated by the Protected Zone Joint Authority under paragraph   34(b) of the Torres Strait Fisheries Act 1984 for managing a fishery for which a plan of management (within the meaning of section   15A of the Torres Strait Fisheries Act 1984 ) is not in force;

if the Minister is satisfied that:

  (f)   the plan, regime or policy requires persons engaged in fishing under the plan, regime or policy to take all reasonable steps to ensure that members of listed marine species are not killed or injured as a result of the fishing; and

  (g)   the fishery to which the plan, regime or policy relates does not, or is not likely to, adversely affect the conservation status of a listed marine species or a population of that species.

Note 1:   The Minister may accredit a plan, regime or policy subject to conditions (see section   303AA).

Note 2:   If a plan, regime or policy that is accredited under this section is, or is proposed to be, amended, the Minister may determine under section   303AB that the plan, regime or policy as amended is, for the purposes of this Act, taken to be accredited under subsection   (1) of this section.

  (2)   An instrument under subsection   (1) is not a legislative instrument.