55Determination of special management plan etc.

55  Determination of special management plan etc.

 (1) The Minister must, by legislative instrument:

 (a) declare that the area beyond national jurisdiction covered by the decision is a specially managed area; and

 (b) determine a plan to manage the area.

Note: The plan is a special management plan for the specially managed area (see the definition of that term in section 5).

Requirements for specially managed area

 (2) The instrument must specify that the specially managed area includes:

 (a) if the area covered by the decision extends to a particular depth under the sea—that depth; and

 (b) if the area covered by the decision includes any part of the seabed in the area—that part of the seabed; and

 (c) if the area covered by the decision includes the subsoil to a particular depth beneath the seabed—the subsoil to that depth beneath the seabed.

Requirements for special management plan

 (3) The special management plan must be consistent with the area‑based management tool (including any management measures or management plans that form part of the area‑based management tool).

 (4) In particular, the special management plan must:

 (a) set out the proposed measures to manage the specially managed area, including any monitoring, research or review activity that may be carried out in the area; and

 (b) indicate how the plan takes account of Australia’s obligations under the BBNJ Agreement.

Timing of making of instrument

 (5) The Minister must make the instrument, and the instrument must commence:

 (a) if Australia has not made an objection under Article 23 of the BBNJ Agreement with respect to the decision—within 120 days after the day the decision is made; or

 (b) if Australia has made such an objection and Australia later withdraws the objection—within 90 days after the day the objection is withdrawn; or

 (c) if Australia has made such an objection and Australia has not renewed the objection—within 120 days after the day the objection is withdrawn because the objection is not renewed.

Note: See Article 23(8) of the BBNJ Agreement for renewal of objections.

 (6) A failure to make the instrument within the period specified in subsection (5) does not affect the validity of the instrument.