Environment Protection and Biodiversity Conservation Act 1999

Within 90 days after a listed threatened species (except one that is extinct or that is a conservation dependent species) or a listed threatened ecological community becomes listed, the Minister must decide whether to:

have a recovery plan for the whole species or ecological community; or

have a recovery plan for part of the species or ecological community; or

not have a recovery plan at all for the species or ecological community.

If the Minister decides to have a recovery plan for one or more parts of the species or ecological community, the Minister is taken to have also decided not to have a recovery plan for any other part of the species or ecological community.

The Minister may, at any other time, 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, or part of such a species or ecological community.

In this section:

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, together with any decision the Minister is taken to have made under subsection (1A), is the initial recovery plan decision; and

any subsequent decision that the Minister makes under subsection (1B) in relation to the species or community is a subsequent recovery plan decision.

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 or the relevant part of it.

In making a subsequent recovery plan decision in relation to the whole or part of the species or community, other than a decision to which subsection (5) applies:

the Minister must have regard to the initial recommendation in relation to the species or community or the relevant part of it; and

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 whole or part of the species or community.

If, at a time when a decision to have a recovery plan for the species or community, or part of it, 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, or for that part of it:

the Minister must ask the Scientific Committee for advice relating to the proposed decision; and

the Minister must publish a notice inviting comments on the proposed decision in accordance with subsection (7); and

the Minister must, in deciding whether to make the proposed decision, take account of:

any advice provided by the Scientific Committee in relation to the proposed decision; and

subject to subsection (6), the comments the Minister receives in response to the notice referred to in paragraph (b).

The Minister is not required to take a comment referred to in subparagraph (5)(c)(ii) into account if:

the Minister does not receive the comment until after the cut‑off date specified in the notice under paragraph (5)(b); or

the Minister considers that regulations referred to in paragraph (8)(b) have not been complied with in relation to the comment.

The notice referred to in paragraph (5)(b):

must be published in accordance with the regulations referred to in paragraph (8)(a); and

must set out the decision the Minister proposed to make; and

must invite people to make comments, to the Minister, about the proposed decision; and

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

must specify, or refer to, the manner and form requirements that, under regulations referred to in paragraph (8)(b), apply to making comments; and

may also include any other information that the Minister considers appropriate.

The regulations must provide for the following:

how a notice referred to in paragraph (5)(b) is to be published;

the manner and form for making comments.

The Minister must publish the following:

the Minister’s initial recovery plan decision, and the reasons for it;

each subsequent recovery plan decision (if any), and the reasons for it.

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).

An instrument making a decision under subsection (1) is not a legislative instrument.