Commonwealth Numbered Acts

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 209

Listed migratory species
(1)
The Minister must, by instrument published in the Gazette :

(a)
establish a list of migratory species for the purposes of this Act; and

(b)
amend the list, as necessary, so that it includes all species required to be included in the list under subsection (3).

(2)
The Minister must establish the list within 30 days after the commencement of this Act.

(3)
The list must include:

(a)
all species from time to time included in appendices to the Bonn Convention and for which Australia is a Range State under the Convention; and

(b)
all species from time to time included in lists established under JAMBA and CAMBA; and

(c)
all native species from time to time identified in a list established under, or an instrument made under, an international agreement approved by the Minister under subsection (4).

The list must not include any other species.

(4)
The Minister may, by instrument published in the Gazette , approve an international agreement for the purposes of subsection (3) if satisfied it is an agreement relevant to the conservation of migratory species.

(5)
An instrument mentioned in subsection (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

(6)
The Minister may, by instrument published in the Gazette , correct an inaccuracy or update the name of a migratory species.

Subdivision B—Permit system



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