266B Approved conservation advice for listed threatened species and listed threatened ecological communities
Minister to ensure there is approved conservation advice
(1) The Minister must ensure that there is approved conservation advice for each listed threatened species (except one that is extinct or that is a conservation dependent species), and each listed threatened ecological community, at all times while the species or community continues to be listed.
(2) For this purpose, approved conservation advice is a document, approved in writing by the Minister (and as changed from time to time in accordance with subsection (3)), that contains:
(a) a statement that sets out:
(i) the grounds on which the species or community is eligible to be included in the category in which it is listed; and
(ii) the main factors that are the cause of it being so eligible; and
(b) either:
(i) information about what could appropriately be done to stop the decline of, or support the recovery of, the species or community; or
(ii) a statement to the effect that there is nothing that could appropriately be done to stop the decline of, or support the recovery of, the species or community.
Changing approved conservation advice
(3) The Minister may, in writing, approve changes to approved conservation advice.
Consultation with Scientific Committee
(4) If the Minister proposes to approve a document as approved conservation advice, the Minister must consult the Scientific Committee about the document, unless its content is substantially the same as material that the Committee has previously provided to the Minister.
(5) If the Minister proposes to approve a change to approved conservation advice, the Minister must consult the Scientific Committee about the change, unless the change is substantially the same as a change that the Scientific Committee has previously advised the Minister should be made.
Publication requirements
(6) If the Minister approves a document as approved conservation advice, the Minister must:
(a) within 10 days of the approval of the document, publish the approved conservation advice on the internet; and
(b) comply with any other publication requirements of the regulations.
(7) If the Minister approves a change to approved conservation advice, the Minister must:
(a) within 10 days of the approval of the change, publish the advice, as changed, on the internet; and
(b) comply with any other publication requirements of the regulations.
Instruments of approval are not legislative instruments
(8) An instrument of approval under subsection (2) or (3) is not a legislative instrument.
Subdivision A—Recovery plans and threat abatement plans
267 Simplified outline of this Subdivision
The following is a simplified outline of this Subdivision:
Recovery plans for listed threatened species and ecological communities and threat abatement plans for key threatening processes bind the Commonwealth and Commonwealth agencies.
The Minister need ensure that a recovery plan is in force for a listed threatened species or ecological community only if the Minister decides to have a recovery plan. The Minister must decide whether to have a recovery plan for the species or community within 90 days after it becomes listed. The Minister may, at any other time, decide whether to have such a plan.
The Minister need ensure a threat abatement plan is in force for a key threatening process only if the Minister decides that a plan is a feasible, effective and efficient way of abating the process. The Minister must consult before making such a decision.
A recovery plan or threat abatement plan can be made by the Minister alone or jointly with relevant States and Territories, or the Minister can adopt a State or Territory plan. There must be public consultation and advice from the Scientific Committee about the plan, regardless of how it is made or adopted.
268 Compliance with recovery plans and threat abatement plans
A Commonwealth agency must not take any action that contravenes a recovery plan or a threat abatement plan.
269 Implementing recovery and threat abatement plans
(1) Subject to subsection (2), the Commonwealth must implement a recovery plan or threat abatement plan to the extent to which it applies in Commonwealth areas.
(2) If a recovery plan or a threat abatement plan applies outside Commonwealth areas in a particular State or self‑governing Territory, the Commonwealth must seek the co‑operation of the State or Territory with a view to implementing the plan jointly with the State or Territory to the extent to which the plan applies in the State or Territory.
269AA Decision whether to have a recovery plan
Minister has an initial obligation and then a discretion
(1) The Minister must decide whether to have a recovery plan for a listed threatened species (except one that is extinct or that is a conservation dependent species) or a listed threatened ecological community within 90 days after the species or community becomes listed. The Minister may, at any other time, decide whether to have a recovery plan for the species or community.
(2) In this section:
(a) the decision that the Minister is required by subsection (1) to make in relation to the species or community within the 90 day period referred to in that subsection is the initial recovery plan decision; and
(b) any subsequent decision that the Minister makes under subsection (1) in relation to the species or community is a subsequent recovery plan decision.
Making the initial recovery plan decision
(3) In making the initial recovery plan decision, the Minister must have regard to the recommendation (the initial recommendation) made by the Scientific Committee as mentioned in paragraph 189(1B)(c) in relation to the species or community.
Making a subsequent recovery plan decision (unless subsection (5) applies)
(4) In making a subsequent recovery plan decision in relation to the species or community, other than a decision to which subsection (5) applies:
(a) the Minister must have regard to the initial recommendation in relation to the species or community; and
(b) the Minister must have regard to any advice subsequently provided to the Minister by the Scientific Committee about whether there should be a recovery plan for the species or community.
Changing from a decision to have a recovery plan to a decision not to have a recovery plan—additional requirements
(5) If, at a time when a decision to have a recovery plan for the species or community is in force (whether or not the plan has yet been made), the Minister is proposing to make a subsequent recovery plan decision that there should not be a recovery plan for the species or community:
(a) the Minister must ask the Scientific Committee for advice relating to the proposed decision; and
(b) the Minister must publish a notice inviting comments on the proposed decision in accordance with subsection (7); and
(c) the Minister must, in deciding whether to make the proposed decision, take account of:
(i) any advice provided by the Scientific Committee in relation to the proposed decision; and
(ii) subject to subsection (6), the comments the Minister receives in response to the notice referred to in paragraph (b).
(6) The Minister is not required to take a comment referred to in subparagraph (5)(c)(ii) into account if:
(a) the Minister does not receive the comment until after the cut‑off date specified in the notice under paragraph (5)(b); or
(b) the Minister considers that regulations referred to in paragraph (8)(b) have not been complied with in relation to the comment.
(7) The notice referred to in paragraph (5)(b):
(a) must be published in accordance with the regulations referred to in paragraph (8)(a); and
(b) must set out the decision the Minister proposed to make; and
(c) must invite people to make comments, to the Minister, about the proposed decision; and
(d) must specify the date (the cut‑off date) by which comments must be received, which must be at least 30 business days after the notice has been published as required by paragraph (a); and
(e) must specify, or refer to, the manner and form requirements that, under regulations referred to in paragraph (8)(b), apply to making comments; and
(f) may also include any other information that the Minister considers appropriate.
(8) The regulations must provide for the following:
(a) how a notice referred to in paragraph (5)(b) is to be published;
(b) the manner and form for making comments.
General publication requirements
(9) The Minister must publish the following:
(a) the Minister’s initial recovery plan decision, and the reasons for it;
(b) each subsequent recovery plan decision (if any), and the reasons for it.
The regulations may specify how the publication is to be made. Subject to any such regulations, the publication must be made in a way that the Minister considers appropriate.
Note: This subsection must be complied with, even if the Minister has already published notice of the proposed decision in accordance with subsections (5) and (7).
Decisions not legislative instruments
(10) An instrument making a decision under subsection (1) is not a legislative instrument.