Environment Protection and Biodiversity Conservation Act 1999

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 listed migratory species that occurs in Australia or an external Territory;

a listed marine species that occurs in Australia or an external Territory;

a species of cetacean that occurs in the Australian Whale Sanctuary;

a conservation dependent species.

The Minister must not make a wildlife conservation plan for a species that is a listed threatened species (except a conservation dependent species).

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.

A plan, as modified and adopted under subsection (2), has effect as if the plan had been made by the Minister under subsection (1).

The Minister must seek the co‑operation of the States and self‑governing Territories in which:

a listed migratory species occurs; or

a listed marine species occurs; or

a species of cetacean occurs; or

a conservation dependent species occurs;

Before making a wildlife conservation plan under subsection (1) or (5), the Minister must:

consider the advice of the Scientific Committee given under section 289; and

consult about the plan in accordance with sections 290 and 291.

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.