VadeLab
StatuteEnvironment Protection and Biodiversity Conservation Act 1999

Section 34D — Environment Protection and Biodiversity Conservation Act 1999: Declarations relating to listed threatened species and ecological communities

Text of the provision Official document

(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.

Official source: Federal Register of Legislation

There are no decisions in our collection citing this provision yet. As new judgments are published, they will appear here.

Search case law on this topic

See judgments from Australian courts and tribunals with a plain-English summary and legal holding.

Explore case law →

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