Act No. 194 of 1992 as amended This compilation was prepared on 25 February 2000



Yüklə 1.34 Mb.
səhifə2/8
tarix21.08.2017
ölçüsü1.34 Mb.
1   2   3   4   5   6   7   8
Part 3;Recovery plans and threat abatement plans

- SECT 30

Outline of this Part

(1)


This Part is about preparing and implementing:

(a)


recovery plans for listed native species and listed

ecological communities; and

(b)

threat abatement plans for key threatening processes.



(2)

Division 1 defines the Commonwealth's obligations to

prepare plans for species, ecological communities and

threatening processes occurring in Commonwealth areas.

(3)

Division 2 describes how these plans are prepared,



published and varied.

(4)


Division 3 enables the Commonwealth to:

(a)


assist States and State agencies to prepare plans for

species, ecological communities and threatening

processes that do not occur in Commonwealth areas;

and


(b)

adopt and publicise plans prepared by States or State

agencies for such species, ecological communities and

threatening processes.

(5)

Division 4 contains a general assistance provision and a



reporting requirement.

Division 1;Obligations to prepare etc. plans

- SECT 31

Recovery plans

(1)

The Commonwealth must prepare and implement a recovery



plan for:

(a)


each listed native species (other than a species that

is presumed extinct); or

(b)

each listed ecological community;



that occurs in Commonwealth areas.

(2)


If the listed native species or listed ecological

community also occurs outside Commonwealth areas, the

Commonwealth must seek the co-operation of the States in

which the species or community occurs outside Commonwealth

areas with a view to the joint preparation and

implementation of a recovery plan for the species or

community throughout Commonwealth areas and those States.

Note 1: Commonwealth area is defined in section 5.

Note 2: Section 99 imposes on Commonwealth agencies

obligations relating to recovery plans.

- SECT 32

Content of recovery plans

(1)

The recovery plan must provide for the research and



management actions necessary to stop the decline of, and

support the recovery of, the species or community so that

its chances of long-term survival in nature are maximised.

(2)


In particular, the recovery plan must:

(a)


state an objective to be achieved (for example,

removing the species or community from a list, or

indefinite protection of existing populations of the

species or community); and

(b)

state criteria against which achievement of the



objective is to be measured (for example, a specified

number and distribution of viable populations of the

species or community, or the abatement of threats to

the species or community); and

(c)

specify the actions needed to satisfy the criteria;



and

(d)


identify and specify the actions needed to protect

the habitats that are critical to the survival of the

species or community; and

(e)


state the estimated duration and cost of the recovery

process; and

(f)

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 recovery plan;

and

(g)


specify any major benefits to non-target species or

non-target ecological communities that will be

affected by the plan's implementation.

(3)


In preparing a recovery plan, regard must be had to:

(a)


the objects of the Act; and

(b)


the most efficient and effective use of the resources

that are allocated for conservation of species and

ecological communities; and

(c)


consistent with the principles of ecologically

sustainable development, minimising any significant

adverse social and economic impacts.

- SECT 33

Threat abatement plans

(1)


The Commonwealth must prepare and implement a threat

abatement plan for each key threatening process that

occurs in Commonwealth areas.

(2)


If the key threatening process also occurs outside

Commonwealth areas, the Commonwealth must seek the

co-operation of the States in which the threatening

process occurs outside Commonwealth areas with a view to

the joint preparation and implementation of a threat

abatement plan for the threatening process throughout

Commonwealth areas and those States.

Note 1: Commonwealth area is defined in section 5.

Note 2: Section 99 imposes on Commonwealth agencies

obligations relating to threat abatement plans.

- SECT 34

Content of threat abatement plans

(1)

The threat abatement plan must provide for the research



and management actions necessary to reduce the key

threatening process to an accepTabel level in order to

maximise the chances of the long-term survival in nature

of native species and ecological communities affected by

the process.

(2)


In particular, the threat abatement plan must:

(a)


state an objective to be achieved; and

(b)


state criteria against which achievement of the

objective is to be measured; and

(c)

specify the actions needed to satisfy the criteria;



and

(d)


state the estimated duration and cost of the threat

abatement process; and

(e)

identify organisations or persons who will be



involved in evaluating the performance of the threat

abatement plan; and

(f)

specify any major non-target ecological matters that



will be affected by the plan's implementation.

(3)


In preparing a threat abatement plan, regard must be had

to:


(a)

the objects of the Act; and

(b)

the most efficient and effective use of the resources



that are allocated for conservation of species and

ecological communities; and

(c)

consistent with the principles of ecologically



sustainable development, minimising any significant

adverse social and economic impacts.

- SECT 35

Eradication of non-native species

If:

(a)


the actions specified under paragraph 32(2)(c) in a

recovery plan, or under paragraph 34(2)(c) in a

threat abatement plan, include the eradication of a

non-native species; and

(b)

the species is endangered or vulnerable in a country



in which its native habitat occurs;

the recovery plan, or threat abatement plan, must require the

Commonwealth to offer to provide stock of the species to that country

before the eradication proceeds.

Division 2;Preparation and variation of plans by the Commonwealth

- SECT 36

Deadlines for preparing plans

A plan must be prepared within the period that:

(a)

begins on the day (listing day) on which the



species, ecological community or key threatening

process in question became included in a list; and

(b)

ends on the elapsing of the number of years, from the



listing day, specified in the following Tabel:

Tabel


Type of plan

Number of years

If the listing day is the day this Act commenced

If the listing day is a later day

1. Recovery plan for a species or ecological community that is

endangered

5 years

3 years


2. Recovery plan for a species that is vulnerable

10 years


5 years

3. Threat abatement plan for a key threatening process

6 years

3 years


- SECT 37

Advisory Committee to advise on scheduling of plans

(1)

The Advisory Committee is to advise the Minister on the



times within which, and the order in which, draft plans

should be prepared.

(2)

In giving advice on preparation of a draft recovery plan,



the Advisory 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 on preparation of a draft threat



abatement plan, the Advisory 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.

- SECT 38

Preparation of draft plans

(1)


After considering the Advisory Committee's advice, the

Minister may, in writing, direct the Director to prepare:

(a)

a draft recovery plan for a listed native species or



a listed ecological community; or

(b)


a draft threat abatement plan for a key threatening

process.


(2)

The direction must specify the period within which the

draft plan is to be prepared.

(3)


The Director must comply with the direction.

(4)


The Director must cause a copy of the direction to be

published in the Gazette.

- SECT 39

Consultation on draft plans

(1)

After preparing a draft plan, the Director must:



(a)

take reasonable steps to ensure that copies of the

draft plan are available for purchase, for a

reasonable price, at each of the offices of the ANPWS

and at one or more other places in each State; and

(b)


give a copy of it, together with a notice of a kind

referred to in subsection (2), to the Advisory

Committee; and

(c)


cause the notice to be published:

(i)


in the Gazette; and

(ii)


in a daily newspaper circulating in each State

in which occurs the listed native species,

listed ecological community or key threatening

process to which the draft plan relates; and

(iii)

in any other way required by the regulations.



(2)

The notice must:

(a)

state that the draft plan has been prepared; and



(b)

specify the places where copies of the draft plan may

be purchased; and

(c)


invite persons to make written comments to the

Director about the draft plan; and

(d)

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.

- SECT 40

Consideration of comments

The Director:

(a)

must consider all written comments made to the



Director on or before the day, and at the address for

lodgment, specified in the notice; and

(b)

may revise the draft plan to take into account any of



those comments; and

(c)


must prepare a report on the comments and their

consideration.

- SECT 41

Approval by the Minister

(1)

The Director must then give the draft plan to the Minister



for approval.

(2)


The draft plan must be accompanied by the Director's

report on the written comments.

(3)

If the Minister thinks that the draft plan submitted under



subsection (1) or (4) for his or her approval should be

revised in some respect, the Minister may give to the

Director a written notice:

(a)


requesting the Director to make such a revision; and

(b)


setting out the reasons for the request.

(4)


On receiving such a request, the Director must:

(a)


consider the request and the statement of reasons;

and


(b)

make such revision of the draft plan as he or she

considers appropriate; and

(c)


give the draft plan, as so revised, to the Minister

for approval.

(5)

The plan comes into force:



(a)

on the day specified by the Minister for that purpose

in approving the plan; or

(b)


if no such day is specified;on the day on which

the Minister approves the plan.

- SECT 42

Director to make plans available to the public

(1)

As soon as practicable after the Minister approves a plan,



the Director must:

(a)


take reasonable steps to ensure that copies of the

plan are available for purchase, for a reasonable

price, at each of the offices of the ANPWS and at one

or more other places in each State; and

(b)

give notice of the plan's approval to each person



whose comments on the draft plan the Director

considered under paragraph 40(a); and

(c)

cause the notice to be published:



(i)

in the Gazette; and

(ii)

in a daily newspaper circulating in each State



in which occurs the listed native species,

listed ecological community or key threatening

process to which the plan relates; and

(iii)


in any other way required by the regulations.

(2)


The notice must:

(a)


state that the Minister has approved the plan; and

(b)


specify the places where copies of the draft plan may

be purchased.

- SECT 43

Variation of plans

(1)

The Director may, at any time, review a plan and consider



whether a variation of it is necessary.

(2)


Each plan must be reviewed by the Director at intervals of

not longer than 5 years.

(3)

If the Minister gives the Director a notice requesting



that the Director vary a plan and setting out the reasons

for the request, the Director must consider, having regard

to the reasons, whether the requested variation is

appropriate.

(4)

If the Director considers that:



(a)

a variation of a plan is necessary; or

(b)

a variation of a plan, requested by the Minister, is



appropriate;

the Director may, subject to subsection (5), vary the plan.

(5)

Sections 39 to 42 apply to the variation of the plan in



the same way that those sections apply to the preparation

and approval of a draft plan.

Division 3;Preparation and variation of plans by States etc.

- SECT 44

Commonwealth assistance for the preparation of draft

plans


(1)

The Minister may, on the Commonwealth's behalf, give to a

State or a State agency financial assistance, and any

other assistance, for the preparation of:

(a)

a draft recovery plan for:



(i)

a listed native species (other than a species

that is presumed extinct); or

(ii)


a listed ecological community;

that does not occur in a Commonwealth area; or

(b)

a draft threat abatement plan for a key threatening



process that does not occur in a Commonwealth area.

(2)


The giving of assistance may be made subject to such

conditions as the Minister thinks fit.

(3)

The Minister is to have regard to the advice of the



Advisory Committee under section 45 before deciding

whether to give assistance, or the extent of any

assistance to be given.

- SECT 45

Advisory Committee to advise on assistance

(1)


The Advisory Committee is to advise the Minister on:

(a)


the times within which, and the order in which,

assistance should be granted to States and State

agencies under section 44 for the preparation of

plans; and

(b)

the conditions (if any) to which the giving of such



assistance should be subject.

(2)


In giving advice on preparation of a draft recovery plan,

the Advisory 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 on preparation of a draft threat

abatement plan, the Advisory 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.

- SECT 46

Adoption of draft plans

(1)

The Minister may, by instrument in writing, declare that a



specified draft plan prepared by a State or State agency

is adopted as a recovery plan, or threat abatement plan,

as the case requires.

(2)


If a State or State agency varies a draft plan in respect

of which the Minister has previously made a declaration

under subsection (1) or this subsection, the Minister may,

by instrument in writing, declare that the recovery plan,

or threat abatement plan, as the case requires, is taken

to be varied accordingly.

(3)

The Minister must not make a declaration under this



section unless he or she is satisfied that the draft plan,

or the draft plan as varied, complies with the

requirements of section 32 or 34 (whichever is

applicable).

(4)

Before making a declaration under this section, the



Minister must consider any advice on the draft plan given

to the Minister by the Advisory Committee.

- SECT 47

Director to publicise adoption of draft plans

(1)

As soon as practicable after the Minister has made a



declaration under section 46, the Director must:

(a)


take reasonable steps to ensure that copies of the

plan in question, or that plan as varied, are

available for purchase, for a reasonable price, at

each of the offices of the ANPWS and at one or more

other places in each State; and

(b)


cause a notice of the declaration to be published:

(i)


in the Gazette; and

(ii)


in a daily newspaper circulating in each State

in which occurs the listed native species,

listed ecological community or key threatening

process to which the plan relates; and

(iii)

in any other way required by the regulations.



(2)

The notice must:

(a)

set out a copy of the declaration; and



(b)

specify the places where copies of the plan, or the

plan as varied, may be purchased.

Division 4;General

- SECT 48

Commonwealth assistance for implementation of plans

The Commonwealth may give to any person financial assistance, and

any other assistance, for implementation of a plan.

- SECT 49

Reports on preparation and implementation of plans

The Director must prepare, for inclusion in each annual report

the Director prepares under section 9 of the Commonwealth

Authorities and Companies Act 1997, a report on:

(a)


implementation of plans during the financial year to

which the annual report relates; and

(b)

preparation of draft plans by the Director during



that year.

Part 4; Conservation agreements

- SECT 50

Outline of this Part

This Part is about:

(a)

conservation agreements between the Commonwealth and



persons having interests in Commonwealth areas;

(b)


the effect of conservation agreements;

(c)


the publication of conservation agreements.

- SECT 51

Director may enter into conservation agreements

The Director may, on the Commonwealth's behalf, enter into an

agreement, with a person who has an interest in a

Commonwealth area, for the conservation and management of:

(a)

any listed native species or listed ecological



communities that occur in the Commonwealth area; or

(b)


any areas within the Commonwealth area that are

habitats for such species or communities.

Note: Interest in a Commonwealth area is defined in section 9.

- SECT 52

Content of conservation agreements

(1)


A conservation agreement may, for example, provide for all

or any of the following:

(a)

controlling or prohibiting, in any areas to which the



agreement applies, activities that may disturb

species, ecological communities, habitats or

potential habitats that the agreement is intended to

conserve;

(b)

requiring any person bound by the agreement:



(i)

not to obstruct access by the Director, or any

other person authorised by the Director under

the agreement, to areas to which the agreement

applies for the purpose of monitoring compliance

with the agreement; and

(ii)

to give to the Director, or any person so



authorised, any information requested by the

Director or person that is under the

first-mentioned person's control and is relevant

to compliance with the agreement;

(c)

the Commonwealth giving financial or other assistance



to a person bound by the agreement for the purpose of

assisting the person to fulfil the person's

obligations under the agreement.

(2)


A conservation agreement that obliges the Commonwealth to

give financial assistance to a person is subject to

appropriation of money by the Parliament for the purpose.

- SECT 53

Conservation agreements to be legally binding

A conservation agreement is binding on:

(a)

the Commonwealth; and



(b)

the person with whom the Director entered into the

agreement on the Commonwealth's behalf; and

(c)


any other person who is a successor to the whole or

any part of the interest that the person referred to

in paragraph (b) had, at the time the agreement was

entered into, in the Commonwealth areas to which the

agreement applies.

- SECT 54

Publication of conservation agreements

(1)


As soon as practicable after a conservation agreement has

been entered into, the Director must:

(a)

take reasonable steps to ensure that copies of the



conservation agreement in question are available for

purchase, for a reasonable price, at each of the

offices of the ANPWS and at one or more other places

in each State; and

(b)

cause a notice of the agreement to be published:



(i)

in the Gazette; and

(ii)

in any other way required by the regulations.



(2)

The notice must:

(a)

state that the conservation agreement has been



entered into; and

(b)


specify the places where copies of the agreement may

be purchased.

- SECT 55

List of conservation agreements

The Director must:

(a)


maintain an up-to-date list of conservation

agreements that are in operation; and

(b)

take reasonable steps to ensure that copies of the



list are available for purchase, for a reasonable

price, at each of the offices of the ANPWS and at one

or more other places in each State.

1   2   3   4   5   6   7   8


Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©azkurs.org 2016
rəhbərliyinə müraciət

    Ana səhifə