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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 280 Variation by a State or Territory of joint plans and plans adopted by the Minister

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 280

Variation by a State or Territory of joint plans and plans adopted by the Minister

  (1)   If a State or self - governing Territory varies a plan that:

  (a)   the Minister has made jointly with the State or self - governing Territory, or an agency of the State or Territory; or

  (b)   has been adopted by the Minister as a recovery plan or a threat abatement plan;

the variation is of no effect for the purposes of this Act unless it is approved by the Minister.

  (2)   Before approving a variation, the Minister must obtain and consider advice from the Scientific Committee on the content of the variation.

  (3)   The Minister must not approve a variation unless satisfied that:

  (a)   an appropriate level of consultation was undertaken in varying the plan; and

  (b)   the plan, as so varied, continues to meet the requirements of section   270 or 271, as the case requires.

  (4)   If the Minister approves a variation of a plan, the plan has effect as so varied on and after the date of the approval, or such later date as the Minister determines in writing.

  (5)   Section   278 applies to the variation of a plan in the same way that it applies to the making of a recovery plan or threat abatement plan.

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