Section 326 — Environment Protection and Biodiversity Conservation Act 1999: Commonwealth must seek agreement before designation

(1) The Commonwealth may designate for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention a wetland containing an area owned or occupied by another person only if the Minister is satisfied that the Commonwealth has used its best endeavours to reach agreement with the other person on: (a) the proposed designation of the wetland (so far as it relates to the area); and (b) management arrangements for the wetland (so far as they relate to the area). (2) The Commonwealth may designate a wetland in a State or self-governing Territory for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention only if the Minister is satisfied that the Commonwealth has used its best endeavours to reach agreement with the State or Territory on: (a) the proposed submission of the wetland; and (b) management arrangements for the wetland. (3) A failure to comply with this section does not affect the designation of a wetland for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention or the status of a wetland as a declared Ramsar wetland.