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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 270A

Decision whether to have a threat abatement plan

Decision

  (1)   The Minister may at any time decide whether to have a threat abatement plan for a threatening process in the list of key threatening processes established under section   183. The Minister must do so:

  (a)   within 90 days of the threatening process being included in the list; and

  (b)   within 5 years of the last decision whether to have a threat abatement plan for the process, if that decision was not to have a threat abatement plan for the process.

Basis for decision

  (2)   The Minister must decide to have a threat abatement plan for the process if he or she believes that having and implementing a threat abatement plan is a feasible, effective and efficient way to abate the process. The Minister must decide not to have a threat abatement plan if he or she does not believe that.

Consultation before making a decision

  (3)   Before making a decision under this section, the Minister must:

  (a)   request the Scientific Committee to give advice within a specified period; and

  (b)   take reasonable steps to request any Commonwealth agency, any State, any self - governing Territory, and any agency of a State or self - governing Territory, that would be affected by or interested in abatement of the process to give advice within a specified period;

on the feasibility, effectiveness or efficiency of having and implementing a threat abatement plan to abate the process.

Consulting others

  (4)   Subsection   (3) does not prevent the Minister from requesting any other person or body to give advice within a specified period on the feasibility, effectiveness or efficiency of having and implementing a threat abatement plan to abate the process.

Request may be made before listing

  (5)   A request for advice on the feasibility, effectiveness or efficiency of having and implementing a threat abatement plan to abate the process may be made before or after the process is included in the list of key threatening processes established under section   183.

Time for giving advice

  (6)   The Minister must not make a decision whether to have a threat abatement plan for the process before the end of the period within which he or she has requested a person or body to give advice on the feasibility, effectiveness or efficiency of having and implementing a threat abatement plan to abate the process.

Considering views expressed in consultation

  (7)   When the Minister is making a decision under this section, he or she must consider the advice that a person or body gave on request within the period specified in the request.

Publishing decision and reasons

  (8)   The Minister must publish in accordance with the regulations (if any):

  (a)   a decision whether or not to have a threat abatement plan for a key threatening process; and

  (b)   the Minister's reasons for the decision.

Special rules for processes included in original list

  (9)   Subsections   (3), (4), (5), (6) and (7) do not apply in relation to a decision about a process included in the list under section   183 as first established.


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