Environment Protection and Biodiversity Conservation Act 1999

The Minister may make a declaration under section 33 relating to a listed threatened species or a listed threatened ecological community only if the Minister is satisfied the declaration is not inconsistent with the following:

Australia’s obligations under:

the Biodiversity Convention; or

the Apia Convention; or

CITES;

a threat abatement plan;

a protection statement;

a recovery plan.

If there is a protection statement for the whole or one or more parts of the species or community:

the requirement in paragraph (1)(d) for the Minister to not act inconsistently with a recovery plan does not apply to the extent that the recovery plan is for the whole or a relevant part of the species or community; and

the Minister may have regard to any such recovery plan; and

the Minister may have regard to an approved conservation advice for the species or community.

If there is no protection statement for the whole or one or more parts of the species or community, the Minister must have regard to an approved conservation advice for the species or community.

The Minister may accredit a management or authorisation framework under section 33 for the purposes of a declaration relating to a listed threatened species or a listed threatened ecological community only if the Minister is satisfied the framework is not inconsistent with the following:

Australia’s obligations under:

the Biodiversity Convention; or

the Apia Convention; or

CITES;

a threat abatement plan;

a protection statement;

a recovery plan.

If there is a protection statement for the whole or one or more parts of the species or community:

the requirement in paragraph (4)(d) for the Minister to not act inconsistently with a recovery plan does not apply to the extent that the recovery plan is for the whole or a relevant part of the species or community; and

the Minister may have regard to any such recovery plan; and

the Minister may have regard to an approved conservation advice for the species or community.

If there is no protection statement for the whole or one or more parts of the species or community, the Minister must have regard to an approved conservation advice for the species or community.