(b) the potential of species and ecological communities so threatened to recover;
(c) the efficient and effective use of the resources allocated to the conservation of species and ecological communities.
275 Consultation on plans
(1) Before making a recovery plan or threat abatement plan under this Subdivision, the Minister must:
(a) take reasonable steps to ensure that copies of the proposed plan are available for purchase, for a reasonable price, at prescribed places in each State and self‑governing territory; and
(b) give a copy of it, together with a notice of a kind referred to in subsection (2), to the Scientific Committee; and
(c) cause the notice to be published:
(i) in the Gazette; and
(ii) in a daily newspaper that circulates generally in each State, and self‑governing Territory, in which the relevant listed threatened native species, listed threatened ecological community or key threatening process occurs; and
(iii) in any other way required by the regulations (if any).
(2) The notice must:
(a) specify the places where copies of the proposed plan may be purchased; and
(b) invite persons to make written comments about the proposed plan; and
(c) specify:
(i) an address for lodgment of comments; and
(ii) a day by which comments must be made.
(3) The day specified must not be a day occurring within 3 months after the notice is published in the Gazette.
276 Consideration of comments
The Minister:
(a) must, in accordance with the regulations (if any), consider all comments on a proposed recovery plan or threat abatement plan made in response to an invitation under section 275; and
(b) may revise the plan to take account of those comments.
277 Adoption of State plans
(1) The Minister must not adopt a plan as a recovery plan or a threat abatement plan under this Subdivision unless:
(a) the Minister is satisfied that an appropriate level of consultation has been undertaken in making the plan; and
(b) the plan meets the requirements of section 270 or 271, as the case requires.
(2) Before adopting a plan, the Minister must obtain and consider advice from the Scientific Committee on the content of the plan.
278 Publication of plans
(1) As soon as practicable after the Minister makes or adopts a recovery plan or a threat abatement plan under this Subdivision, the Minister must:
(a) make copies of the plan available for purchase, for a reasonable price, at a prescribed place in each State and self‑governing Territory; and
(b) give notice of the making or adopting of each such plan; and
(c) publish the notice:
(i) in the Gazette; and
(ii) in a daily newspaper that circulates generally in each State, and self‑governing Territory; and
(iii) in any other way required by the regulations (if any).
(2) The notice must:
(a) state that the Minister has made or adopted the plan; and
(b) specify the day on which the plan comes into force; and
(c) specify the places where copies of the plan may be purchased.
279 Variation of plans by the Minister
(1) The Minister may, at any time, review a recovery plan or threat abatement plan that has been made or adopted under this Subdivision and consider whether a variation of it is necessary.
(2) Each plan must be reviewed by the Minister at intervals of not longer than 5 years.
(3) If the Minister considers that a variation of a plan is necessary, the Minister may, subject to subsections (4), (5), (6) and (7), vary the plan.
(4) The Minister must not vary a plan, unless the plan, as so varied, continues to meet the requirements of section 270 or 271, as the case requires.
(5) Before varying a plan, the Minister must obtain and consider advice from the Scientific Committee on the content of the variation.
(6) If the Minister has made a plan jointly with, or adopted a plan that has been made by, a State or self‑governing Territory, or an agency of a State or self‑governing Territory, the Minister must seek the co‑operation of that State or Territory, or that agency, with a view to varying the plan.
(7) Sections 275, 276 and 278 apply to the variation of a plan in the same way that those sections apply to the making of a recovery plan or threat abatement plan.
280 Variation by a State or Territory of joint plans and plans adopted by the Minister
(1) If a State or self‑governing Territory varies a plan that:
(a) the Minister has made jointly with the State or self‑governing Territory, or an agency of the State or Territory; or
(b) has been adopted by the Minister as a recovery plan or a threat abatement plan;
the variation is of no effect for the purposes of this Act unless it is approved by the Minister.
(2) Before approving a variation, the Minister must obtain and consider advice from the Scientific Committee on the content of the variation.
(3) The Minister must not approve a variation unless satisfied that:
(a) an appropriate level of consultation was undertaken in varying the plan; and
(b) the plan, as so varied, continues to meet the requirements of section 270 or 271, as the case requires.
(4) If the Minister approves a variation of a plan, the plan has effect as so varied on and after the date of the approval, or such later date as the Minister determines in writing.
(5) Section 278 applies to the variation of a plan in the same way that it applies to the making of a recovery plan or threat abatement plan.
281 Commonwealth assistance
(1) The Commonwealth may give to a State or self‑governing Territory, or to an agency of a State or a self‑governing Territory, financial assistance, and any other assistance, to make or implement a recovery plan or a threat abatement plan.
(2) The Commonwealth may give to a person (other than a State or a self‑governing Territory, or an agency of a State or Territory) financial assistance, and any other assistance, to implement a recovery plan or a threat abatement plan.
(3) The giving of assistance may be made subject to such conditions as the Minister thinks fit. The Minister is to have regard to the advice of the Scientific Committee under section 282 before determining those conditions.
282 Scientific Committee to advise on assistance
(1) The Scientific Committee is to advise the Minister on the conditions (if any) to which the giving of assistance under section 281 should be subject.
(2) In giving advice about assistance for making or implementing a recovery plan, the Scientific Committee must take into account the following matters:
(a) the degree of threat to the survival in nature of the species or ecological community in question;
(b) the potential for the species or community to recover;
(c) the genetic distinctiveness of the species or community;
(d) the importance of the species or community to the ecosystem;
(e) the value to humanity of the species or community;
(f) the efficient and effective use of the resources allocated to the conservation of species and ecological communities.
(3) In giving advice about assistance for making or implementing a threat abatement plan, the Scientific Committee must take into account the following matters:
(a) the degree of threat that the key threatening process in question poses to the survival in nature of species and ecological communities;
(b) the potential of species and ecological communities so threatened to recover;
(c) the efficient and effective use of the resources allocated to the conservation of species and ecological communities.
283 Plans may cover more than one species etc.
(1) A recovery plan made or adopted under this Subdivision may deal with one or more listed threatened species and/or one or more listed ecological communities.
(2) A threat abatement plan made or adopted under this Subdivision may deal with one or more key threatening processes.
283A Revoking a plan
(1) The Minister may, by legislative instrument:
(a) revoke a recovery plan for a listed threatened species or a listed threatened ecological community if the Minister decides under section 269AA not to have a recovery plan for the species or community; or
(b) revoke a threat abatement plan for a key threatening process if the Minister decides under section 270A not to have a threat abatement plan for the process.
(2) The Minister must publish in accordance with the regulations (if any):
(a) the instrument revoking the plan; and
(b) the Minister’s reasons for revoking the plan.
284 Reports on preparation and implementation of plans
The Secretary must include in each annual report a report on the making and adoption under this Subdivision of each recovery plan and threat abatement plan during the year to which the report relates.
Subdivision B—Wildlife conservation plans
285 Wildlife conservation plans
(1) Subject to this section, the Minister may make, by instrument in writing, and implement a wildlife conservation plan for the purposes of the protection, conservation and management of the following:
(a) a listed migratory species that occurs in Australia or an external Territory;
(b) a listed marine species that occurs in Australia or an external Territory;
(c) a species of cetacean that occurs in the Australian Whale Sanctuary;
(d) a conservation dependent species.
(2) The Minister must not make a wildlife conservation plan for a species that is a listed threatened species (except a conservation dependent species).
(3) Subject to section 292, the Minister may, by instrument in writing, adopt a plan that has been made by a State or a self‑governing Territory, or by an agency of a State or self‑governing Territory, as a wildlife conservation plan. The Minister may adopt a plan with such modifications as are specified in the instrument.
(4) A plan, as modified and adopted under subsection (2), has effect as if the plan had been made by the Minister under subsection (1).
(5) The Minister must seek the co‑operation of the States and self‑governing Territories in which:
(a) a listed migratory species occurs; or
(b) a listed marine species occurs; or
(c) a species of cetacean occurs; or
(d) a conservation dependent species occurs;
with a view to making and implementing jointly with those States and Territories, or agencies of those States or Territories, a joint wildlife conservation plan unless the species occurs only in a Commonwealth area.
(6) Before making a wildlife conservation plan under subsection (1) or (5), the Minister must:
(a) consider the advice of the Scientific Committee given under section 289; and
(b) consult about the plan in accordance with sections 290 and 291.
(7) A wildlife conservation plan comes into force on the day on which it is made or adopted, or on such later day as the Minister specifies in writing.
286 Acting in accordance with wildlife conservation plans
A Commonwealth agency must take all reasonable steps to act in accordance with a wildlife conservation plan.
287 Content of wildlife conservation plans
(1) A wildlife conservation plan must provide for the research and management actions necessary to support survival of the migratory species, marine species, species of cetacean or conservation dependent species concerned.
(2) In particular, a wildlife conservation plan must:
(a) state the objectives to be achieved; and
(b) state criteria against which achievement of the objectives is to be measured; and
(c) specify the actions needed to achieve the objectives; and
(d) identify the habitats of the species concerned and the actions needed to protect those habitats; and
(e) identify:
(i) interests that will be affected by the plan’s implementation; and
(ii) organisations or persons who will be involved in evaluating the performance of the plan; and
(f) specify any major benefits to migratory species, marine species, species of cetacean or conservation dependent species (other than those to which the plan relates) that will be affected by the plan’s implementation; and
(g) meet prescribed criteria (if any) and contain provisions of a prescribed kind (if any).
(3) In making a wildlife conservation plan, regard must be had to:
(a) the objects of this Act; and
(b) the most efficient and effective use of the resources that are allocated for the conservation of migratory species, marine species, species of cetacean and conservation dependent species; and
(c) minimising any significant adverse social and economic impacts, consistently with the principles of ecologically sustainable development; and
(d) meeting Australia’s obligations under international agreements between Australia and one or more countries relevant to the migratory species, marine species, species of cetacean or conservation dependent species to which the plan relates; and
(e) the role and interests of indigenous people in the conservation of Australia’s biodiversity.
288 Eradication of non‑native species
If:
(a) the actions specified under section 287 in a wildlife conservation plan include the eradication of a non‑native species; and
(b) the species is threatened in a country in which its native habitat occurs;
the wildlife conservation plan must require the Commonwealth to offer to provide stock of the species to that country before the eradication proceeds.
289 Scientific Committee to advise on scheduling of plans
(1) The Minister may seek advice from the Scientific Committee on the need for wildlife conservation plans and the order in which they should be made.
(1A) The Scientific Committee may advise the Minister on its own initiative to make a wildlife conservation plan for a specified species described in subsection 285(1).
(2) In giving advice under subsection (1) or (1A), the Scientific Committee must take into account the resources available for making plans.
(3) Before making a plan, the Minister must obtain and consider advice from the Scientific Committee on the content of the plan.
290 Consultation on plans
(1) Before making a wildlife conservation plan under subsection 285(1) or (5), the Minister must:
(a) take reasonable steps to ensure that copies of the proposed plan are available for purchase, for a reasonable price, at prescribed places in each State and self‑governing Territory; and
(b) give a copy of it, together with a notice of a kind referred to in subsection (2), to the Scientific Committee; and
(c) cause the notice to be published:
(i) in the Gazette; and
(ii) in a daily newspaper that circulates generally in each State, and self‑governing Territory; and
(iii) in any other way required by the regulations (if any).
(2) The notice must:
(a) specify the places where copies of the proposed plan may be purchased; and
(b) invite persons to make written comments about the proposed plan; and
(c) specify:
(i) an address for lodgment of comments; and
(ii) a day by which comments must be made.
(3) The day specified must not be a day occurring within 3 months after the notice is published in the Gazette.
291 Consideration of comments
The Minister:
(a) must, in accordance with the regulations (if any), consider all comments on a proposed wildlife conservation plan made in response to an invitation under section 290; and
(b) may revise the plan to take account of those comments.
292 Adoption of State plans
(1) The Minister must not adopt a plan as a wildlife conservation plan under subsection 285(3) unless:
(a) the Minister is satisfied that an appropriate level of consultation has been undertaken in making the plan; and
(b) the plan meets the requirements of section 287.
(2) Before adopting a plan, the Minister must obtain and consider advice from the Scientific Committee on the content of the plan.
293 Publication, review and variation of plans
(1) As soon as practicable after the Minister makes or adopts a wildlife conservation plan under section 285, the Minister must:
(a) make copies of the plan available for purchase, for a reasonable price, at a prescribed place in each State and self‑governing Territory; and
(b) give notice of the making or adoption of each such plan; and
(c) publish the notice:
(i) in the Gazette; and
(ii) in a daily newspaper that circulates generally in each State, and self‑governing Territory; and
(iii) in any other way required by the regulations (if any).
(2) The notice must:
(a) state that the Minister has made or adopted the plan; and
(b) specify the day on which the plan comes into force; and
(c) specify the places where copies of the plan may be purchased.
294 Variation of plans by the Minister
(1) The Minister may, at any time, review a wildlife conservation plan that has been made or adopted under section 285 and consider whether a variation of it is necessary.
(2) Each plan must be reviewed by the Minister at intervals of not longer than 5 years.
(3) If the Minister considers that a variation of a plan is necessary, the Minister may, subject to subsections (4), (5), (6) and (7) vary the plan.
(4) The Minister must not vary a plan, unless the plan, as so varied, continues to meet the requirements of section 287.
(5) Before varying a plan, the Minister must obtain and consider advice from the Scientific Committee on the content of the variation.
(6) If the Minister has made a plan jointly with, or adopted a plan that has been made by, a State or self‑governing Territory, or an agency of a State or self‑governing Territory, the Minister must seek the co‑operation of that State or Territory, or that agency, with a view to varying the plan.
(7) Sections 290, 291 and 293 apply to the variation of a plan in the same way that those sections apply to the making of a wildlife conservation plan.
295 Variation by a State or Territory of joint plans and plans adopted by the Minister
(1) If a State or self‑governing Territory varies a plan that:
(a) the Minister has made jointly with the State or self‑governing Territory, or an agency of the State or Territory; or
(b) has been adopted by the Minister as a wildlife conservation plan;