(b) a notice that the Minister proposes to accredit the management arrangement or authorisation process for the purposes of a declaration under this section.
Limitations on accreditation during period for opposition
(5) The Minister must not accredit a management arrangement or authorisation process for the purposes of subsection (2) or (2A) under a bilateral agreement:
(a) before, or within 15 sitting days after, a copy of the management arrangement or authorisation process is laid before each House of the Parliament under this section; or
(b) if, within those 15 sitting days of a House, notice of a motion to oppose accreditation of the management arrangement or authorisation process is given in that House—subject to subsection (5A), within 15 sitting days of that House after the notice is given.
(5A) If:
(a) notice of a motion to oppose accreditation of the management arrangement or authorisation process is given in a House of the Parliament within 15 sitting days after the management arrangement or authorisation process is laid before the House under this section; and
(b) the notice is withdrawn or otherwise disposed of within 15 sitting days of that House after the notice is given;
then, subject to paragraph (5)(a), the Minister may accredit the management arrangement or authorisation process after the motion is withdrawn or otherwise disposed of.
No accreditation after accreditation opposed
(6) The Minister must not accredit the management arrangement or authorisation process if either House of the Parliament passes a resolution opposing accreditation of the management arrangement or authorisation process following a motion of which notice has been given within 15 sitting days after the management arrangement or relevant part of the law has been laid before the House under this section.
No accreditation if motion not defeated in time
(7) The Minister must not accredit the management arrangement or authorisation process if, at the end of 15 sitting days after notice of a motion to oppose accreditation of the management arrangement or authorisation process that was given in a House of the Parliament within 15 sitting days after the management arrangement or relevant part of the law was laid before the House under this section:
(a) the notice has not been withdrawn and the motion has not been called on; or
(b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of.
Extended time after dissolution or prorogation
(8) If:
(a) notice of a motion to oppose the accreditation of the management arrangement or authorisation process is given in a House of the Parliament (the opposing House); and
(b) before the end of 15 sitting days of the opposing House after the notice is given:
(i) the House of Representatives is dissolved or expires; or
(ii) the Parliament is prorogued; and
(c) at the time of the dissolution, expiry or prorogation (as appropriate):
(i) the notice has not been withdrawn and the motion has not been called on; or
(ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
the management arrangement or relevant part of the law is taken for the purposes of subsections (5), (5A), (6) and (7) to have been laid before the opposing House on the first sitting day of that House after the dissolution, expiry or prorogation (as appropriate).
34 What is matter protected by a provision of Part 3?
The matter protected by a provision of Part 3 specified in column 2 of an item of the following table is the thing specified in column 3 of the item.
Matter protected by provisions of Part 3
Item Provision Matter protected
1 section 12 the world heritage values of a declared World Heritage property
1A section 15A the world heritage values of a declared World Heritage property
1B section 15B the National Heritage values of a National Heritage place
1C section 15C the National Heritage values of a National Heritage place
2 section 16 the ecological character of a declared Ramsar wetland
2A section 17B the ecological character of a declared Ramsar wetland
3 subsection 18(1) a listed threatened species in the extinct in the wild category
4 subsection 18(2) a listed threatened species in the critically endangered category
5 subsection 18(3) a listed threatened species in the endangered category
6 subsection 18(4) a listed threatened species in the vulnerable category
7 subsection 18(5) a listed threatened ecological community in the critically endangered category
8 subsection 18(6) a listed threatened ecological community in the endangered category
8A subsection 18A(1) or (2) a listed threatened species (except a species included in the extinct category of the list referred to in section 178 or a conservation dependent species) and a listed threatened ecological community (except an ecological community included in the vulnerable category of the list referred to in section 181)
9 section 20 a listed migratory species
9A section 20A a listed migratory species
10 section 21 the environment
10A section 22A the environment
11 subsection 23(1) the environment
12 subsection 23(2) the environment in a Commonwealth marine area
13 subsection 23(3) the environment in the coastal waters (as defined in the Fisheries Management Act 1991) in which the action is taken of the State or Territory
13A subsection 24A(1) or (2) the environment
13B subsection 24A(3) or (4) the environment in a Commonwealth marine area
13C subsection 24A(5) or (6) the environment in the coastal waters (as defined in the Fisheries Management Act 1991) in which the action is taken of the State or Territory
13D subsection 24B(1) the environment
13E subsection 24B(2) the environment in the Great Barrier Reef Marine Park
13F subsections 24C(1) and (3) the environment
13G subsections 24C(5) and (7) the environment in the Great Barrier Reef Marine Park
13H section 24D a water resource
13J section 24E a water resource
14 section 25 a thing prescribed by the regulations for the purposes of this item in relation to an action to which section 25 applies
15 subsection 26(1) the environment
16 subsection 26(2) the environment on Commonwealth land
16A subsection 27A(1) or (2) the environment
16B subsection 27A(3) or (4) the environment on Commonwealth land
16C section 27B the environment in a Commonwealth Heritage place outside the Australian jurisdiction
16D subsections 27C(1) and (2) the environment in a Commonwealth Heritage place outside the Australian jurisdiction
17 section 28 the environment
Subdivision C—Prerequisites for making declarations
34A Minister may only make declaration if prescribed criteria are met
The Minister may make a declaration under section 33 only if the Minister is satisfied that the declaration:
(a) accords with the objects of this Act; and
(b) meets the requirements (if any) prescribed by the regulations.
34B Declarations relating to declared World Heritage properties
(1) The Minister may make a declaration under section 33 relating to a declared World Heritage property only if:
(a) the Minister is satisfied that the declaration is not inconsistent with Australia’s obligations under the World Heritage Convention; and
(b) the Minister is satisfied that the declaration will promote the management of the property in accordance with the Australian World Heritage management principles; and
(c) 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 declared World Heritage property only if:
(a) the Minister is satisfied that the management arrangement or authorisation process is not inconsistent with Australia’s obligations under the World Heritage Convention; and
(b) the Minister is satisfied that the management arrangement or authorisation process will promote the management of the property in accordance with the Australian World Heritage management principles.
34BA Declarations relating to National Heritage places
(1) The Minister may make a declaration under section 33 relating to a National Heritage place only if:
(a) the Minister is satisfied that the declaration will promote the management of the place in accordance with the National Heritage management principles; and
(b) 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 such a declaration only if he or she is satisfied that the management arrangement or authorisation process will promote the management of the place concerned in accordance with the National Heritage management principles.
34C Declarations relating to declared Ramsar wetlands
(1) The Minister may make a declaration under section 33 relating to a declared Ramsar wetland only if:
(a) the Minister is satisfied that the declaration is not inconsistent with Australia’s obligations under the Ramsar Convention; and
(b) the Minister is satisfied that the declaration will promote the management of the wetland in accordance with the Australian Ramsar management principles; and
(c) 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 declared Ramsar wetland only if:
(a) the Minister is satisfied that the management arrangement or authorisation process is not inconsistent with Australia’s obligations under the Ramsar Convention; and
(b) the Minister is satisfied that the management arrangement or authorisation process will promote the management of the wetland in accordance with the Australian Ramsar management principles.
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.
34E Declarations relating to migratory species
(1) The Minister may make a declaration under section 33 relating to a listed migratory species only if:
(a) the Minister is satisfied that the declaration is not inconsistent with the Commonwealth’s obligations under whichever of the following conventions or agreements because of which the species is listed:
(i) the Bonn Convention;
(ii) CAMBA;
(iii) JAMBA;
(iv) an international agreement approved under subsection 209(4); and
(b) the Minister is satisfied that the declaration will promote the survival and/or enhance the conservation status of each species to which the declaration relates; and
(c) 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 migratory species only if:
(a) the Minister is satisfied that the management arrangement or authorisation process is not inconsistent with the Commonwealth’s obligations under whichever of the following conventions or agreements because of which the species is listed:
(i) the Bonn Convention;
(ii) CAMBA;
(iii) JAMBA;
(iv) an international agreement approved under subsection 209(4); 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 to which the declaration relates.
34F Declarations relating to Commonwealth Heritage places
(1) The Minister may make a declaration under section 33 relating to a Commonwealth Heritage place only if:
(a) the Minister is satisfied that the declaration will promote the management of the place in accordance with the Commonwealth Heritage management principles; and
(b) 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 such a declaration only if he or she is satisfied that the management arrangement or authorisation process will promote the management of the place concerned in accordance with the Commonwealth Heritage management principles.
Subdivision D—Other rules about declarations
35 Revoking declarations
Revoking declarations
(1) The Minister may, by written instrument, revoke a declaration made under section 33.
Revocation does not affect some actions
(2) If:
(a) a declaration made under section 33 is revoked; and
(b) before the revocation, an action was being taken that could be taken without approval under Part 9 because its taking was covered by the declaration; and
(c) the action had not been completed before the revocation;
this Act continues to operate in relation to the action as if the declaration had not been revoked.
36 Other rules about declarations
Minister must not give preference
(1) In making a declaration or accrediting a management arrangement or authorisation process under section 33, or revoking a declaration under section 35, relating to an action taken:
(a) by a person for the purposes of trade between Australia and another country or between 2 States; or
(b) by a constitutional corporation;
the Minister must not give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.
Publishing declarations
(2) The Minister must publish a declaration made under section 33, an instrument accrediting a management arrangement or authorisation process under section 33, or an instrument under section 35 revoking a declaration, in accordance with the regulations.
36A Minor amendments of accredited management arrangement or accredited authorisation process
(1) If:
(a) a management arrangement or an authorisation process is an accredited management arrangement or an accredited authorisation process; and
(b) the management arrangement or authorisation process is amended, or is proposed to be amended; and
(c) the Minister is satisfied that the amendments are, or will be, minor; and
(d) the Minister is satisfied that the management arrangement or authorisation process as amended meets, or will meet, the requirements of:
(i) paragraphs 33(3)(a), (b) and (c); and
(ii) section 34A; and
(iii) subsection 34B(2), 34BA(2), 34C(2), 34D(2), 34E(2) or 34F(2) (as the case requires);
the Minister may, by instrument in writing, determine that this section applies to the amendments.
(2) If the Minister makes a determination under subsection (1):
(a) the management arrangement or authorisation process as amended is, for the purposes of this Act, taken to be an accredited management arrangement or accredited authorisation process; and
(b) subsections 33(1) to (8) do not apply in relation to the amendments to the management arrangement or authorisation process, or the management arrangement or authorisation process as amended; and
(c) actions taken after the determination is made in accordance with the accredited management arrangement or accredited authorisation process as amended do not require approval under Part 9 for the purposes of a specified provision of Part 3.
(3) The Minister must publish a determination under subsection (1) in accordance with the regulations (if any).
(4) A determination under subsection (1) is not a legislative instrument.
Division 3—Actions covered by Ministerial declarations and bioregional plans
Subdivision A—Effect of declarations
37 Actions declared by Minister not to need approval
A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if:
(a) the action is an action, or one of a class of actions, declared by the Minister under section 37A not to require approval under Part 9 for the purposes of the provision (because the taking of the action is in accordance with a particular bioregional plan); and
(b) the declaration is in operation when the action is taken; and