Document ID: chunk:federal_register_of_legislation:C2024C00598:section:17a
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 17A
Character Range: 70991–73549

17A  Making and revoking declarations of wetlands

Declaring threatened wetlands of international importance
 (1) The Minister may declare a specified wetland to be a declared Ramsar wetland by notice in the Gazette if the Minister is satisfied that:
 (a) the wetland is of international significance or is likely to be of international significance because of its ecology, botany, zoology, limnology or hydrology; and
 (b) the ecological character of some or all of the wetland is under threat.
Note: The Minister may make more than one declaration of the same wetland under this section. See subsection 33(1) of the Acts Interpretation Act 1901.

Consulting State or Territory before making declaration
 (2) Before the Minister makes a declaration relating to a wetland wholly or partly within a State or self‑governing Territory, the Minister must inform the appropriate Minister of the State or Territory of the proposal to make the declaration, and give him or her a reasonable opportunity to comment on the proposal.

Consultation not required if threat is imminent
 (3) However, the Minister need not comply with subsection (2) if he or she is satisfied that the threat mentioned in paragraph (1)(b) is imminent.

Failure to comply with subsection (2)
 (4) The validity of a declaration is not affected by a failure to comply with subsection (2) in relation to the making of the declaration.

When a declaration is in force
 (5) A declaration comes into force on the day it is published in the Gazette and remains in force for the period specified in the declaration, unless it is revoked earlier.

Specifying period for which declaration is in force
 (6) The Minister must specify in a declaration the period for which it is to be in force. The period must not be longer than the shorter of the following periods:
 (a) the period the Minister believes the Commonwealth needs to:
 (i) decide whether the wetland is of international significance in terms of ecology, botany, zoology, limnology or hydrology; and
 (ii) designate the wetland for inclusion in the List of Wetlands of International Importance kept under Article 2 of the Ramsar Convention;
 (b) 12 months.

Revocation of declaration of threatened wetland
 (7) The Minister must, by notice in the Gazette, revoke a declaration of a wetland if:
 (a) the Minister is satisfied that the wetland is not of international significance because of its ecology, botany, zoology, limnology or hydrology; or
 (b) the Minister is satisfied that there is no longer a threat to any part of the wetland.