ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 303FP Accredited wildlife trade management plan

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 303FP

  (1)   The export of a specimen is an export in accordance with an accredited wildlife trade management plan if the specimen is, or is derived from, a specimen that was taken in accordance with a plan declared by a declaration in force under subsection   (2) to be an accredited wildlife trade management plan.

  (2)   The Minister may, by instrument published in the Gazette , declare that a specified plan is an accredited wildlife trade management plan for the purposes of this section.

  (3)   The Minister must not declare a plan under subsection   (2) unless the Minister is satisfied that:

  (a)   the plan is in force under a law of the Commonwealth or of a State or Territory; and

  (b)   the conditions set out in subsection   303FO(3) have been met in relation to the plan; and

  (c)   the plan imposes limits in relation to the taking of specimens; and

  (d)   the compliance and enforcement measures relating to the plan are likely to be effective in preventing specimens taken in breach of the plan from being traded or exported; and

  (e)   the plan provides for the monitoring of:

  (i)   the taking of specimens under the plan; and

  (ii)   the export of specimens taken under the plan; and

  (iii)   the status of the species to which the plan relates in the wild; and

  (iv)   the impacts of the activities under the plan on the habitat of the species to which the plan relates; and

  (f)   the plan provides for statistical reports about specimens taken under the plan to be given to the Minister on a regular basis; and

  (g)   such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.

  (4)   A declaration under subsection   (2) ceases to be in force at the beginning of the fifth anniversary of the day on which the declaration took effect. However, this rule does not apply if a period of less than 5 years is specified in the declaration in accordance with subsection   303FT(4).

  (5)   If a declaration ceases to be in force, this Act does not prevent the Minister from making a fresh declaration under subsection   (2).

  (6)   A fresh declaration may be made during the 90 - day period before the time when the current declaration ceases to be in force.

  (7)   A fresh declaration that is made during that 90 - day period takes effect immediately after the end of that period.

  (8)   The Minister must publish on the internet copies of reports given as mentioned in paragraph   (3)(f).

  (9)   The Minister is not required to comply with subsection   (8) to the extent to which compliance could reasonably be expected to:

  (a)   prejudice substantially the commercial interests of a person; or

  (b)   be detrimental to:

  (i)   the survival of a taxon to which the plan relates; or

  (ii)   the conservation status of a taxon to which the plan relates.