Fisheries Management Act 1994

An environmental assessment under this Schedule of a designated fishing activity is to include an assessment of the effect or likely effect on the following—

critical habitat,

threatened species, populations and ecological communities and their habitats.

An environmental impact statement under this Schedule must include a species impact statement if the designated fishing activity is to be carried out in critical habitat or is likely to significantly affect threatened species, populations or ecological communities or their habitats.

However, despite subclause (2), a species impact statement is not required in relation to threatened species, populations or ecological communities or their habitats, if—

the designated fishing activity subject to the environmental assessment is an activity authorised by a Ministerial order made under Subdivision 1A of Division 6 of Part 7A of this Act, and

the species impact statement prepared under section 221IC of this Act in relation to that order includes an assessment of the likely effect of the activity on those threatened species, populations or ecological communities or their habitats.

The Fisheries Minister, in considering a species impact statement under this Schedule, must have regard to the terms of any recovery plans or threat abatement plans relating to the area to which the statement applies for the purpose of assessing any effect on a threatened species, population or ecological community, or its habitat.

The Fisheries Minister must not make a determination under clause 9 with respect to a designated fishing activity that is to be carried out in critical habitat or is likely to significantly affect threatened species, populations or ecological communities or their habitats unless the Minister has consulted the Minister administering the Threatened Species Conservation Act 1995. This subclause does not apply if the critical habitat or the threatened species, population or ecological community relate to fish or marine vegetation.

In consulting under subclause (4), the Minister administering the Threatened Species Conservation Act 1995 must provide the Fisheries Minister with any recommendations made by the Chief Executive of the Office of Environment and Heritage concerning the determination with respect to the designated fishing activity. The Fisheries Minister must include any recommendations not accepted by the Fisheries Minister (and the reasons for not accepting them) in the public report of the Fisheries Minister’s determination.

The Minister administering the Threatened Species Conservation Act 1995 (for the purposes of consultation under subclause (4)) must take into consideration the matters referred to in section 112E of the Environmental Planning and Assessment Act 1979.