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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 269AA Decision whether to have a recovery plan

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 269AA

Decision whether to have a recovery plan

Minister has an initial obligation and then a discretion

  (1)   The Minister must decide whether to have a recovery plan for a listed threatened species (except one that is extinct or that is a conservation dependent species) or a listed threatened ecological community within 90 days after the species or community becomes listed. The Minister may, at any other time, decide whether to have a recovery plan for the species or community.

  (2)   In this section:

  (a)   the decision that the Minister is required by subsection   (1) to make in relation to the species or community within the 90 day period referred to in that subsection is the initial recovery plan decision ; and

  (b)   any subsequent decision that the Minister makes under subsection   (1) in relation to the species or community is a subsequent recovery plan decision .

Making the initial recovery plan decision

  (3)   In making the initial recovery plan decision, the Minister must have regard to the recommendation (the initial recommendation ) made by the Scientific Committee as mentioned in paragraph   189(1B)(c) in relation to the species or community.

Making a subsequent recovery plan decision (unless subsection   (5) applies)

  (4)   In making a subsequent recovery plan decision in relation to the species or community, other than a decision to which subsection   (5) applies:

  (a)   the Minister must have regard to the initial recommendation in relation to the species or community; and

  (b)   the Minister must have regard to any advice subsequently provided to the Minister by the Scientific Committee about whether there should be a recovery plan for the species or community.

Changing from a decision to have a recovery plan to a decision not to have a recovery plan--additional requirements

  (5)   If, at a time when a decision to have a recovery plan for the species or community is in force (whether or not the plan has yet been made), the Minister is proposing to make a subsequent recovery plan decision that there should not be a recovery plan for the species or community:

  (a)   the Minister must ask the Scientific Committee for advice relating to the proposed decision; and

  (b)   the Minister must publish a notice inviting comments on the proposed decision in accordance with subsection   (7); and

  (c)   the Minister must, in deciding whether to make the proposed decision, take account of:

  (i)   any advice provided by the Scientific Committee in relation to the proposed decision; and

  (ii)   subject to subsection   (6), the comments the Minister receives in response to the notice referred to in paragraph   (b).

  (6)   The Minister is not required to take a comment referred to in subparagraph   (5)(c)(ii) into account if:

  (a)   the Minister does not receive the comment until after the cut - off date specified in the notice under paragraph   (5)(b); or

  (b)   the Minister considers that regulations referred to in paragraph   (8)(b) have not been complied with in relation to the comment.

  (7)   The notice referred to in paragraph   (5)(b):

  (a)   must be published in accordance with the regulations referred to in paragraph   (8)(a); and

  (b)   must set out the decision the Minister proposed to make; and

  (c)   must invite people to make comments, to the Minister, about the proposed decision; and

  (d)   must specify the date (the cut - off date ) by which comments must be received, which must be at least 30 business days after the notice has been published as required by paragraph   (a); and

  (e)   must specify, or refer to, the manner and form requirements that, under regulations referred to in paragraph   (8)(b), apply to making comments; and

  (f)   may also include any other information that the Minister considers appropriate.

  (8)   The regulations must provide for the following:

  (a)   how a notice referred to in paragraph   (5)(b) is to be published;

  (b)   the manner and form for making comments.

General publication requirements

  (9)   The Minister must publish the following:

  (a)   the Minister's initial recovery plan decision, and the reasons for it;

  (b)   each subsequent recovery plan decision (if any), and the reasons for it.

The regulations may specify how the publication is to be made. Subject to any such regulations, the publication must be made in a way that the Minister considers appropriate.

Note:   This subsection must be complied with, even if the Minister has already published notice of the proposed decision in accordance with subsections   (5) and (7).

Decisions not legislative instruments

  (10)   An instrument making a decision under subsection   (1) is not a legislative instrument.

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