Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 370

Giving management plan to Minister for approval

  (1)   The Director must give the Minister a management plan for a Commonwealth reserve for approval, but only if the Board (if any) for the reserve agrees. The Director must do so as soon as practicable after considering under paragraph   368(1)(e) the comments (if any) on a draft of the management plan.

Things to be given to Minister with management plan

  (2)   When the Director gives the plan to the Minister, the Director must also give the Minister:

  (a)   any comments received in response to the invitation to comment on a draft of the plan; and

  (b)   the views of the Director and any Board for the reserve on the comments.

Minister's decision

  (3)   Within 60 days of the Director giving the plan, the Minister:

  (a)   must consider the plan and any comments and views given to the Minister under subsection   (2); and

  (b)   must either:

  (i)   approve the plan; or

  (ii)   give the plan back to the Director with suggestions for consideration by the Director and any Board for the reserve.

Note:   There are some extra rules about giving back to the Director a management plan for a Commonwealth reserve in the Kakadu region, the Uluru region or Jervis Bay Territory. See section   390.

Procedure if Minister gives plan back

  (4)   If the Minister gives the plan back to the Director with suggestions:

  (a)   the Director and any Board for the Commonwealth reserve to which the plan relates must consider the suggestions; and

  (b)   the Director must give the Minister an identical or altered version of the plan, but only if any Board for the reserve agrees; and

  (c)   the Director must give the Minister, with the plan, the Director's views on the Minister's suggestions.

Minister's decision on re - submitted plan

  (5)   As soon as practicable after the Director has given the Minister a version of the plan under subsection   (4), the Minister:

  (a)   must consider it and the views given to the Minister under subsection   (4); and

  (b)   must approve the plan with any modifications the Minister considers appropriate.

Considerations for Minister assigning reserve to IUCN category

  (6)   When approving a management plan for a Commonwealth reserve to assign the reserve, or a zone of a reserve, to a particular IUCN category, the Minister must be satisfied of the matters specified in section   347 that he or she would have to be satisfied of before the Governor - General could make a Proclamation to assign the reserve or zone to that IUCN category.