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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 285

Wildlife conservation plans

  (1)   Subject to this section, the Minister may make, by instrument in writing, and implement a wildlife conservation plan for the purposes of the protection, conservation and management of the following:

  (a)   a listed migratory species that occurs in Australia or an external Territory;

  (b)   a listed marine species that occurs in Australia or an external Territory;

  (c)   a species of cetacean that occurs in the Australian Whale Sanctuary;

  (d)   a conservation dependent species.

  (2)   The Minister must not make a wildlife conservation plan for a species that is a listed threatened species (except a conservation dependent species).

  (3)   Subject to section   292, the Minister may, by instrument in writing, adopt a plan that has been made by a State or a self - governing Territory, or by an agency of a State or self - governing Territory, as a wildlife conservation plan. The Minister may adopt a plan with such modifications as are specified in the instrument.

  (4)   A plan, as modified and adopted under subsection   (2), has effect as if the plan had been made by the Minister under subsection   (1).

  (5)   The Minister must seek the co - operation of the States and self - governing Territories in which:

  (a)   a listed migratory species occurs; or

  (b)   a listed marine species occurs; or

  (c)   a species of cetacean occurs; or

  (d)   a conservation dependent species occurs;

with a view to making and implementing jointly with those States and Territories, or agencies of those States or Territories, a joint wildlife conservation plan unless the species occurs only in a Commonwealth area.

  (6)   Before making a wildlife conservation plan under subsection   (1) or (5), the Minister must:

  (a)   consider the advice of the Scientific Committee given under section   289; and

  (b)   consult about the plan in accordance with sections   290 and 291.

  (7)   A wildlife conservation plan comes into force on the day on which it is made or adopted, or on such later day as the Minister specifies in writing.


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