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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

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

(2)
The Minister may accredit a management plan 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 plan 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 plan 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 plan is not inconsistent with any recovery plan for the species or community or a threat abatement plan.



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