Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_269aa:p1
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 269AA (pt 1/2)
Character Range: 269304–272065

269AA  Decision whether to have a recovery plan

Minister has an initial obligation and then a discretion

 (1) The Minister must decide whether to have a recovery plan for a listed threatened species (except one that is extinct or that is a conservation dependent species) or a listed threatened ecological community within 90 days after the species or community becomes listed. The Minister may, at any other time, decide whether to have a recovery plan for the species or community.

 (2) In this section:
 (a) the decision that the Minister is required by subsection (1) to make in relation to the species or community within the 90 day period referred to in that subsection is the initial recovery plan decision; and
 (b) any subsequent decision that the Minister makes under subsection (1) in relation to the species or community is a subsequent recovery plan decision.

Making the initial recovery plan decision

 (3) In making the initial recovery plan decision, the Minister must have regard to the recommendation (the initial recommendation) made by the Scientific Committee as mentioned in paragraph 189(1A)(c) in relation to the species or community.

Making a subsequent recovery plan decision (unless subsection (5) applies)

 (4) In making a subsequent recovery plan decision in relation to the species or community, other than a decision to which subsection (5) applies:
 (a) the Minister must have regard to the initial recommendation in relation to the species or community; and
 (b) the Minister must have regard to any advice subsequently provided to the Minister by the Scientific Committee about whether there should be a recovery plan for the species or community.

Changing from a decision to have a recovery plan to a decision not to have a recovery plan—additional requirements

 (5) If, at a time when a decision to have a recovery plan for the species or community is in force (whether or not the plan has yet been made), the Minister is proposing to make a subsequent recovery plan decision that there should not be a recovery plan for the species or community:
 (a) the Minister must ask the Scientific Committee for advice relating to the proposed decision; and
 (b) the Minister must publish a notice inviting comments on the proposed decision in accordance with subsection (7); and
 (c) the Minister must, in deciding whether to make the proposed decision, take account of:
 (i) any advice provided by the Scientific Committee in relation to the proposed decision; and
 (ii) subject to subsection (6), the comments the Minister receives in response to the notice referred to in paragraph (b).

 (6) The Minister is not required to take a comment referred to in subparagraph (5)(c)(ii) into account if:
 (a) the Minister does