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StatuteEnvironment Protection and Biodiversity Conservation Act 1999

Section 285 — Environment Protection and Biodiversity Conservation Act 1999: Wildlife conservation plans

Text of the provision Official document

(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.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.