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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 269A

Making or adopting a recovery plan

Application

  (1)   This section applies only if the Minister's most recent decision under section   269AA in relation to a listed threatened species (except one that is extinct or that is a conservation dependent species) or a listed threatened ecological community is to have a recovery plan for the species or community.

Note:   Subsection   273(1) sets a deadline of 3 years from the decision for ensuring that a recovery plan is in force for the species or community. Subsection   273(2) allows that period to be extended.

Making a plan

  (2)   The Minister may make a written recovery plan for the purposes of the protection, conservation and management of:

  (a)   a listed threatened species (except one that is extinct or is a conservation dependent species); or

  (b)   a listed threatened ecological community.

Making a plan jointly with a State or Territory

  (3)   The Minister may make a written recovery plan for the purposes of the protection, conservation and management of a listed threatened species (except one that is extinct or is a conservation dependent species) or a listed threatened ecological community jointly with one or more of the States and self - governing Territories in which the species or community occurs, or with agencies of one or more of those States and Territories.

Content of a plan

  (4)   The Minister must not make a recovery plan under subsection   (2) or (3) unless the plan meets the requirements of section   270.

Prerequisites to making a plan

  (5)   Before making a recovery plan under subsection   (2) or (3) for a listed threatened species or listed threatened ecological community, the Minister must:

  (a)   consult the appropriate Minister of each State and self - governing Territory in which the species or community occurs, and in which actions that the plan would provide for would occur, with a view to:

  (i)   taking the views of each of those States and Territories into account in making the plan under subsection   (2); or

  (ii)   making the plan jointly under subsection   (3);

    unless the species or community occurs only in a Commonwealth area; and

  (b)   consider the advice of the Scientific Committee given under section   274; and

  (c)   consult about the plan and consider comments in accordance with sections   275 and 276.

Limits on making a plan

  (6)   The Minister must not make a recovery plan under subsection   (2) for a species or ecological community that occurs wholly or partly outside a Commonwealth area unless the Minister is satisfied that it is not reasonably practicable, within the period of 3 years referred to in subsection   273(1) , to make the plan under subsection   (3) of this section with each State or Territory:

  (a)   in which the species or community occurs; and

  (b)   in which actions that the plan would provide for would occur, if the plan were made under subsection   (2) of this section.

Adopting a State or Territory plan

  (7)   The Minister may, by instrument in writing, adopt as a recovery plan a plan made by a State, a self - governing Territory or an agency of a State or self - governing Territory (whether or not the plan is in force in the State or Territory). The Minister may adopt the plan with such modifications as are specified in the instrument. This subsection has effect subject to section   277.

Note:   Section   277 requires that:

(a)   an adopted plan have the content required for a recovery plan by section   270; and

(b)   there has been adequate consultation in making the plan adopted; and

(c)   the Minister consult the Scientific Committee about the content of the plan.

Effect of adopting a plan

  (8)   A plan adopted under subsection   (7) has effect as if it had been made under subsection   (2) (whether it was adopted with modifications or not).


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