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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 34D

Declarations relating to listed threatened species and ecological communities

  (1)   The Minister may make a declaration under section   33 relating to a listed threatened species or a listed threatened ecological community only if:

  (a)   the Minister is satisfied that the declaration is not inconsistent with Australia's obligations under:

  (i)   the Biodiversity Convention; or

  (ii)   the Apia Convention; or

  (iii)   CITES; and

  (b)   the Minister is satisfied that the declaration will promote the survival and/or enhance the conservation status of each species or community to which the declaration relates; and

  (c)   the Minister is satisfied that the declaration is not inconsistent with any recovery plan for the species or community or a threat abatement plan; and

  (ca)   the Minister has had regard to any approved conservation advice for the species or community; and

  (d)   the declaration meets the requirements (if any) prescribed by the regulations.

  (2)   The Minister may accredit a management arrangement or authorisation process under section   33 for the purposes of a declaration relating to a listed threatened species or a listed threatened ecological community only if:

  (a)   the Minister is satisfied that the management arrangement or authorisation process is not inconsistent with Australia's obligations under:

  (i)   the Biodiversity Convention; or

  (ii)   the Apia Convention; or

  (iii)   CITES; and

  (b)   the Minister is satisfied that the management arrangement or authorisation process will promote the survival and/or enhance the conservation status of each species or community to which the declaration relates; and

  (c)   the Minister is satisfied that the management arrangement or authorisation process is not inconsistent with any recovery plan for the species or community or a threat abatement plan; and

  (d)   the Minister has had regard to any approved conservation advice for the species or community.


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