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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 34D

Declarations relating to listed threatened species and ecological communities

             (1)  The Minister may make a declaration under section 33 relating to a listed threatened species or a listed threatened ecological community only if:

                     (a)  the Minister is satisfied that the declaration is not inconsistent with Australia's obligations under:

                              (i)  the Biodiversity Convention; or

                             (ii)  the Apia Convention; or

                            (iii)  CITES; and

                     (b)  the Minister is satisfied that the declaration will promote the survival and/or enhance the conservation status of each species or community to which the declaration relates; and

                     (c)  the Minister is satisfied that the declaration is not inconsistent with any recovery plan for the species or community or a threat abatement plan; and

                    (ca)  the Minister has had regard to any approved conservation advice for the species or community; and

                     (d)  the declaration meets the requirements (if any) prescribed by the regulations.

             (2)  The Minister may accredit a management arrangement or authorisation process under section 33 for the purposes of a declaration relating to a listed threatened species or a listed threatened ecological community only if:

                     (a)  the Minister is satisfied that the management arrangement or authorisation process is not inconsistent with Australia's obligations under:

                              (i)  the Biodiversity Convention; or

                             (ii)  the Apia Convention; or

                            (iii)  CITES; and

                     (b)  the Minister is satisfied that the management arrangement or authorisation process will promote the survival and/or enhance the conservation status of each species or community to which the declaration relates; and

                     (c)  the Minister is satisfied that the management arrangement or authorisation process is not inconsistent with any recovery plan for the species or community or a threat abatement plan; and

                     (d)  the Minister has had regard to any approved conservation advice for the species or community.



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