Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_173
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 173
Character Range: 188818–190048

173  Surveys of cetaceans, listed threatened species etc. in Commonwealth marine areas

 (1) The Minister may prepare a survey covering a Commonwealth marine area that identifies, and states the extent of the range of, cetaceans, listed threatened species, listed threatened ecological communities, listed migratory species and listed marine species in the area if:
 (a) the Minister is satisfied that the area is of importance for the conservation of biodiversity; and
 (b) the area is not covered by a plan that:
 (i) has an object (whether express or implied) of either protecting the environment or promoting the conservation of biodiversity; and
 (ii) is in force under a law of the Commonwealth.

 (2) A Commonwealth agency must provide all reasonable assistance in connection with the preparation of a survey if:
 (a) the survey is to cover a Commonwealth marine area; and
 (b) the agency has an interest in the area.

 (3) For the purposes of paragraph (2)(b), a Commonwealth agency has an interest in a Commonwealth marine area if the agency:
 (a) has a legal or equitable interest in the area; or
 (b) occupies the area; or
 (c) has administrative responsibilities relating to the area or to actions taken in the area.