10Approved management programs

##### 10 Approved management programs (1) Subject to subsection (1B) and to any regulations referred to in subsection (2), the Minister may, by instrument under the Minister’s hand published in the Gazette, declare a management program that is being, is proposed to be, or has been, carried out, in Australia, in an external Territory or in another country to be an approved management program for the purposes of this Act. (1A) A declaration under subsection (1) may be made: (a) on the Minister’s own initiative; or (b) on written application being made to the Minister. (1B) If: (a) a management program has been, is being, or is proposed to be, carried out in a State or Territory; and (b) the management program relates to the protection, conservation or management of particular animals or of particular plants, or of both; the Minister must not make a declaration about the management program unless: (c) legislation relating to the protection, conservation or management of the animals or plants is in force in the State or Territory; and (d) the legislation applies throughout the State or Territory; and (e) in the opinion of the Minister, the legislation is effective. (2) The regulations may provide that the Minister must not declare a management program to be an approved management program unless the Minister is satisfied of certain matters in relation to the program. (2A) A declaration under subsection (1) ceases to be in force at the beginning of the fifth anniversary of the day on which the declaration took effect. However, this rule does not apply if a period of less than 5 years is specified in the declaration in accordance with subsection (3). (2B) If a declaration ceases to be in force because of subsection (2A), this Act does not prevent the Minister from making a fresh declaration under subsection (1). (2C) A fresh declaration under subsection (1) may be made during the 90‑day period before the time when the current declaration ceases to be in force. (2D) A fresh declaration that is made during that 90‑day period takes effect immediately after the end of that period. (3) The Minister may make a declaration about a management program even though he or she considers that the program should be an approved management program only: (a) during a particular period; or (b) while certain circumstances exist; or (c) while a certain condition is complied with; but, in such a case, the instrument of declaration is to specify the period, circumstances or condition. (4) If a declaration specifies circumstances as mentioned in subsection (3), the Minister must revoke the declaration if he or she is satisfied that those circumstances have ceased to exist. (5) The Minister may vary a declaration by: (a) specifying one or more conditions (or further conditions) to which the declaration is subject; or (b) revoking or varying a condition: (i) specified in the instrument of declaration; or (ii) specified under paragraph (a). (6) The Minister must revoke a declaration if he or she is satisfied that a condition of the declaration has been contravened. (7) The Minister may revoke a declaration at any time.