(3) The Minister must have regard to any approved conservation advice for the species or community.
146L Approvals relating to listed migratory species
If the approval relates to a listed migratory species, the Minister must not act inconsistently with whichever of the following conventions or agreements because of which the species is listed:
(a) the Bonn Convention;
(b) CAMBA;
(c) JAMBA;
(d) an international agreement approved under subsection 209(4).
146M No approvals relating to nuclear actions
(1) The Minister must not approve the taking of an action or a class of actions in accordance with an endorsed policy, plan or program if the action, or an action in the class of actions, consists of, or involves the construction or operation of, any of the following nuclear installations:
(a) a nuclear fuel fabrication plant;
(b) a nuclear power plant;
(c) an enrichment plant;
(d) a reprocessing facility.
(2) Paragraph (1)(b) does not apply to a naval nuclear propulsion plant related to use in a conventionally‑armed, nuclear‑powered submarine.
Subdivision D—Determination in relation to action that is a component of a larger action
146N Determination in relation to action that is a component of larger action
(1) A person who proposes to take an action (the larger action) may apply to the Minister for a determination that subsection 146D(2) does not apply to an action (the component action) that is a component of the larger action, if:
(a) the component action is covered by an approval in force under section 146B of the taking of an action or a class of actions in accordance with an endorsed policy, plan or program; and
(b) the larger action is not covered by the approval.
(2) The application must:
(a) be made in writing; and
(b) be made in the approved form (if any); and
(c) include the information or documents prescribed by the regulations (if any).
(3) If the Minister is satisfied that it is appropriate for Parts 7 and 8 and paragraph 170A(c) to apply in relation to the larger action, the Minister may, in writing, determine that subsection 146D(2) does not apply to the component action.
(3A) If the Minister makes a determination, the determination takes effect on the day specified in the determination (which must not be earlier than the day it is made).
(4) If the Minister makes a determination, the Minister must give the following persons a copy of the determination as soon as practicable:
(a) the person proposing to take the larger action;
(c) the responsible person for the policy, plan or program.
(5) If a determination is in force under subsection (3) in relation to a component action, the component action is taken not to be specified in the approval under section 146B.
Note: This also has the effect that there is no deemed approval under Part 9 of the component action (see paragraph 146D(1)(b)).
(6) If the Minister decides not to make a determination, the Minister must, as soon as practicable, give the person proposing to take the larger action written notice of the Minister’s decision and the reasons for it.
(7) A determination made under subsection (3) is not a legislative instrument.
Division 2—Assessment of Commonwealth‑managed fisheries
147 Simplified outline of this Division
The following is a simplified outline of this Division:
The Australian Fisheries Management Authority must make agreements under Division 1 for the assessment of actions in fisheries managed under the Fisheries Management Act 1991. An agreement must be made whenever it is proposed to make a management plan or a determination not to have a plan. An agreement must be made within 5 years of the commencement of this Act for all fisheries that did not have plans at that commencement.
The Minister administering the Torres Strait Fisheries Act 1984 must make agreements under Division 1 for the assessment of actions permitted by policies or plans for managing fishing in Torres Strait. All policies or plans must be covered by an agreement within 5 years after the commencement of this Act.
A further agreement for assessment must be made if the impact of the actions is significantly greater than assessed under an earlier agreement.
If the Minister endorses a policy or plan assessed under an agreement under Division 1, the Minister must make a declaration that actions under the policy or plan do not need approval under Part 9 for the purposes of section 23 or 24A (which protect the marine environment).
148 Assessment before management plan is determined
Plans under the Fisheries Management Act 1991
(1) Before the Australian Fisheries Management Authority determines a plan of management for a fishery under section 17 of the Fisheries Management Act 1991, the Authority must:
(a) make an agreement with the Minister under section 146 for assessment of the impacts of actions under the plan on each matter protected by a provision of Part 3; and
(b) consider any recommendations made by the Minister under the agreement.
Plans under the Torres Strait Fisheries Act 1984
(2) Before the Minister administering the Torres Strait Fisheries Act 1984 determines a plan of management for a fishery under section 15A of that Act, he or she must:
(a) make an agreement under section 146 with the Minister (the Environment Minister) administering this section for assessment of the impacts of actions under the plan on each matter protected by a provision of Part 3; and
(b) consider any recommendations made by the Environment Minister under the agreement.
149 Assessment before determination that no plan required
Before the Australian Fisheries Management Authority determines under subsection 17(1A) of the Fisheries Management Act 1991 that a plan of management is not warranted for a fishery, the Authority must:
(a) make an agreement with the Minister under section 146 for assessment of the impacts of actions on each matter protected by a provision of Part 3, being actions permitted under the Authority’s policy for managing the fishery; and
(b) consider any recommendations made by the Minister under the agreement.
150 Assessment of all fisheries without plans must be started within 5 years
Fisheries managed under the Fisheries Management Act 1991
(1) This section applies to fisheries (as defined in the Fisheries Management Act 1991):
(a) that are managed under that Act (whether as a result of arrangements under section 71 or 72 of that Act or not); and
(b) for which there were not plans of management in force under that Act when this Act commenced.
Two‑thirds of fisheries to be covered by agreements in 3 years
(2) Before the day that is the third anniversary of this Act commencing, the Australian Fisheries Management Authority must make agreements with the Minister under section 146 for assessment of the impacts of actions on each matter protected by a provision of Part 3, being actions that are permitted under the Authority’s policies for managing at least 2/3 of the fisheries.
All fisheries to be covered by agreements in 5 years
(3) Before the day that is the fifth anniversary of this Act commencing, the Australian Fisheries Management Authority must make agreements with the Minister under section 146 for assessment of the impacts of actions on each matter protected by a provision of Part 3, being actions that are permitted under the Authority’s policies for managing the fisheries.
Agreement not needed if fishery already subject to agreement
(4) However, subsection (3) does not require another agreement to be made in relation to a fishery if an agreement relating to the fishery has been made, before the day mentioned in that subsection, by the Authority and the Minister under section 146 because of subsection 148(1) or section 149.
151 Assessment of all Torres Strait fisheries to be started within 5 years
Fisheries managed under the Torres Strait Fisheries Act 1984
(1) This section applies to actions that:
(a) are involved in fishing (as defined in the Torres Strait Fisheries Act 1984) in an area of Australian jurisdiction (as defined in that Act); and
(b) were not covered by a plan of management in force under section 15A of that Act when this Act commenced.
Policies for all actions to be covered by agreements in 5 years
(2) Before the day that is the fifth anniversary of this Act commencing, the Minister administering the Torres Strait Fisheries Act 1984 must make agreements under section 146 with the Minister administering this section for assessment of the impacts of the actions on each matter protected by a provision of Part 3, being actions that are permitted by policies under that Act.
Agreement not needed if fishery already subject to agreement
(3) However, subsection (2) does not require another agreement to be made in relation to actions if an agreement covering them has been made under section 146, before the day mentioned in that subsection, by the Ministers mentioned in that subsection because of subsection 148(2).
152 Further assessment if impacts greater than previously assessed
Application
(1) This section applies if the Minister (the Environment Minister) and the Minister administering the Fisheries Management Act 1991 agree that the impacts that actions:
(a) included in a fishery managed under that Act; or
(b) permitted under a policy or plan for managing fishing (as defined in the Torres Strait Fisheries Act 1984) in an area of Australian jurisdiction (as defined in that Act);
have, will have or are likely to have on a matter protected by a provision of Part 3 are significantly greater than the impacts identified in the most recent report provided to the Environment Minister under an agreement made under section 146 relating to the fishery, policy or plan.
Further assessment for management arrangements under the Fisheries Management Act 1991
(2) The Australian Fisheries Management Authority must make another agreement with the Minister under section 146 in relation to the Authority’s policy for managing the fishery.
Further assessment for policy or plan for Torres Strait fishing
(3) The Minister administering the Torres Strait Fisheries Act 1984 must make another agreement under section 146 in relation to the policy or plan for managing fishing (as defined in the Torres Strait Fisheries Act 1984) in an area of Australian jurisdiction (as defined in that Act).
153 Minister must make declaration if he or she endorses plan or policy
(1) This section applies if:
(a) the Minister makes an agreement under section 146 as required by this Division and endorses under the agreement:
(i) a plan of management under the Fisheries Management Act 1991 for a fishery; or
(ii) policies of the Australian Fisheries Management Authority for managing a fishery for which there is not a plan of management under the Fisheries Management Act 1991; or
(iii) a plan of management under the Torres Strait Fisheries Act 1984 for a fishery; or
(iv) policies for managing fishing under the Torres Strait Fisheries Act 1984; and
(b) the Minister accredits, under subsection 33(3) of this Act, as an accredited arrangement a management plan or regime consisting of the endorsed plan or policies.
(2) The Minister must make a declaration under section 33 that actions approved in accordance with the accredited arrangement do not require an approval under Part 9 for the purposes of subsection 23(1), (2) or (3) or subsection 24A(1), (2), (3), (4), (5) or (6).
Note: The declaration and accreditation will allow actions that would otherwise be prohibited by sections 23 and 24A to be taken without approval if they are taken in accordance with the accredited arrangement. See section 32.
154 This Division does not limit Division 1
This Division does not limit Division 1.
Part 11—Miscellaneous rules about assessments and approvals
Division 1—Rules about timing
155 This Chapter ceases to apply to lapsed proposals
(1) If:
(a) a person who proposes to take a controlled action or is the designated proponent of an action is required or requested under this Chapter to do something; and
(b) the person does not do the thing within a period that the Minister believes is a reasonable period;
the Minister may give the person a written notice inviting the person to satisfy the Minister within a specified reasonable period that assessment of the action should continue or that the Minister should make a decision about approving the action.
Note: Sections 28A and 29 of the Acts Interpretation Act 1901 explain how documents may be served and when they are taken to be served.
(2) If, by the end of the specified period, the person fails to satisfy the Minister that assessment of the action should continue or that the Minister should make a decision about approving the action, the Minister may declare in writing that this Chapter no longer applies to the action.
(3) This Chapter (apart from this section) ceases to apply in relation to the action on the date specified in the declaration. The Minister must not specify a date earlier than the date of making of the declaration.
(4) The Minister must:
(a) give a copy of the declaration to the person and to the Secretary; and
(b) publish the declaration in accordance with the regulations.
156 General rules about time limits
(1) If this Chapter specifies a time limit in business days in relation to a controlled action (or an action that the Minister believes may be or is a controlled action), the limit is to be worked out by reference to what is a business day in the place where the action is to be taken.
(2) A day is not to be counted as a business day for the purposes of subsection (1) if it is not a business day in all the places in which the action is to be taken.
(3) Failure to comply with a time limit set in this Chapter does not affect the validity of:
(a) a decision under this Chapter; or
(b) an assessment or approval under this Chapter.
Note: The Minister must make a statement to Parliament about some failures to comply with time limits. See section 518.
Division 1A—Variation of proposals to take actions
156A Request to vary proposal to take an action
(1) If:
(a) a proposal (the original proposal) by a person to take an action has been referred to the Minister under Division 1 of Part 7; and
(b) after the referral is made, the person wishes to change the original proposal;
the person may, subject to subsection (2), request the Minister to accept a variation (a varied proposal) of the original proposal.
(2) Subsection (1) does not apply if:
(a) the Minister has made a decision under section 74A to not accept the referral of the original proposal; or
(b) the Minister has made a decision under section 75 that the proposed action is not a controlled action; or
(c) a particular manner for taking the proposed action is identified under subsection 77A(1) in the notice given under section 77 in relation to the action; or
(d) the Minister has made a decision under section 133 approving or refusing to approve the taking of the proposed action; or
(e) the referral of the original proposal has been withdrawn under section 170C.
(3) A request under subsection (1) must:
(a) be made in a way prescribed by the regulations; and
(b) include the information prescribed by the regulations.
(4) If a request is made under subsection (1), any provisions of this Chapter that would, apart from this subsection, have applied in relation to the original proposal cease to apply to that proposal.
Note: Provisions that have ceased to apply in relation to the original proposal under subsection (4) will start to apply to that proposal, or to the varied proposal, after the Minister has decided whether or not to accept the varied proposal. See section 156D.
(5) Despite subsection (4):
(a) any determination in force under section 79E at the time the request is made in relation to the action that is the subject of the original proposal continues in force, and section 79E continues to apply in relation to any such determination; and
(b) any such determination continues to have effect for the purposes of sections 67, 67A and 74AA, and those sections continue to apply, in relation to the action that is the subject of the original proposal.
156B Minister must decide whether or not to accept a varied proposal
(1) Within 20 business days after receiving a request under subsection 156A(1) to accept a varied proposal to take an action, the Minister must decide whether or not to accept the varied proposal.
Note: The Minister may request further information for the purpose of making a decision under this subsection. See section 156C.
(2) The Minister must not decide to accept the varied proposal unless the Minister is satisfied that the character of the varied proposal is substantially the same as the character of the original proposal. This subsection does not limit the matters the Minister may consider in deciding whether or not to accept the varied proposal.
(3) In considering, for the purposes of subsection (2), whether or not the character of the varied proposal is substantially the same as the character of the original proposal, the Minister must have regard to the change (if any) in:
(a) the nature of the activities proposed to be carried out in taking the action; and
(b) the nature and extent of the impacts (if any) the action:
(i) has or will have; or
(ii) is likely to have;
on the matter protected by each provision of Part 3.
156C Minister may request further information in relation to a varied proposal