Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_305:p2
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 305 (pt 2/3)
Character Range: 866475–869376

respect of the impact of an action involving unconventional gas development or large coal mining development; or
 (viii) the environment on Commonwealth land.
Note: When the Minister is considering entering into a conservation agreement, the Minister must take into account any responsibilities of other Commonwealth Ministers that may be affected by the agreement.
 (2) However, the Minister must not enter into a conservation agreement unless satisfied that:
 (a) in the case of a proposed agreement wholly or partly for the protection and conservation of biodiversity—the agreement:
 (i) will result in a net benefit to the conservation of biodiversity; and
 (ii) is not inconsistent with a recovery plan, threat abatement plan or wildlife conservation plan; and
 (b) in the case of a proposed agreement wholly or partly for the protection and conservation of heritage values—the agreement:
 (i) will result in a net benefit to the conservation of those heritage values; and
 (ii) is not inconsistent with at least one of the Australian World Heritage management principles, the National Heritage management principles and the Commonwealth Heritage management principles; and
 (c) in the case of a proposed agreement wholly or partly for the protection and conservation of the ecological character of a declared Ramsar wetland—the agreement:
 (i) will result in a net benefit to the conservation of that ecological character; and
 (ii) is not inconsistent with the Australian Ramsar management principles; and
 (d) in the case of a proposed agreement wholly or partly for the protection and conservation of the environment, in respect of the impact nuclear actions—the agreement does not relate to the construction or operation of any of the following nuclear installations:
 (i) a nuclear fuel fabrication plant;
 (ii) a nuclear power plant;
 (iii) an enrichment plant;
 (iv) a reprocessing facility; and
 (e) in the case of a proposed agreement wholly or partly for the protection and conservation of the environment in a Commonwealth marine area—the agreement will result in a net benefit to the conservation of the environment in that area; and
 (ea) in the case of a proposed agreement wholly or partly for the protection and conservation of a water resource, in respect of the impacts of actions involving unconventional gas development or large coal mining development—the agreement will result in a net benefit to the conservation of the water resource; and
 (f) in the case of a proposed agreement wholly or partly for the protection and conservation of the environment on Commonwealth land—the agreement will result in a net benefit to the conservation of the environment on that land.
 (2A) Subparagraph (2)(d)(ii) does not apply to a naval nuclear propulsion plant related to use in a conventionally‑armed, nuclear‑powered submarine.
 (3) For the purposes of subsection (2), in deciding