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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 303FO

Approved wildlife trade management plan

  (1)   The export of a specimen is an export in accordance with an approved 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 approved wildlife trade management plan.

  (2)   The Minister may, by instrument published in the Gazette , declare that a specified plan is an approved 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 consistent with the objects of this Part; and

  (b)   there has been an assessment of the environmental impact of the activities covered by the plan, including (but not limited to) an assessment of:

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

  (ii)   the extent of the habitat of the species to which the plan relates; and

  (iii)   the threats to the species to which the plan relates; and

  (iv)   the impacts of the activities covered by the plan on the habitat or relevant ecosystems; and

  (c)   the plan includes management controls directed towards ensuring that the impacts of the activities covered by the plan on:

  (i)   a taxon to which the plan relates; and

  (ii)   any taxa that may be affected by activities covered by the plan; and

  (iii)   any relevant ecosystem (for example, impacts on habitat or biodiversity);

    are ecologically sustainable; and

  (d)   the activities covered by the plan will not 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; or

  (iii)   any relevant ecosystem (for example, detriment to habitat or biodiversity); and

  (e)   the plan includes measures:

  (i)   to mitigate and/or minimise the environmental impact of the activities covered by the plan; and

  (ii)   to monitor the environmental impact of the activities covered by the plan; and

  (iii)   to respond to changes in the environmental impact of the activities covered by the plan; and

  (f)   if the plan relates to the taking of live specimens that belong to a taxon specified in the regulations--the conditions that, under the regulations, are applicable to the welfare of the specimens are likely to be complied with; and

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

  (4)   In deciding whether to declare a plan under subsection   (2), the Minister must have regard to:

  (a)   whether legislation relating to the protection, conservation or management of the specimens to which the plan relates is in force in the State or Territory concerned; and

  (b)   whether the legislation applies throughout the State or Territory concerned; and

  (c)   whether, in the opinion of the Minister, the legislation is effective.

  (5)   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).

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

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

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


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