Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:2_17
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 2 cl 17
Character Range: 616269–617566

17  Species or communities in the Recovery Planning Action Commenced List

(1) This item applies in relation to each species and ecological community included in the Recovery Planning Action Commenced List.

(2) The amended EPBC Act applies in relation to the species or community as if the Minister had, immediately after the commencement time, decided under subsection 269AA(1) of the amended EPBC Act to have a recovery plan for the species or community.

(3) In making a subsequent recovery plan decision, within the meaning of section 269AA of the amended EPBC Act, in relation to the species or community, paragraph 269AA(4)(a) does not apply.

(4) Section 266B of the amended EPBC Act does not apply in relation to the species or community unless and until:
 (a) the Minister decides, as mentioned in subsection 269AA(5) of the amended EPBC Act, not to have a recovery plan for the species or community; and
 (b) the Scientific Committee gives the Minister information or a statement as required by subitem (5).

(5) If the Minister makes a decision as mentioned in paragraph (4)(a) in relation to the species or community, the Scientific Committee must, within 30 days, give the Minister information or a statement of the kind referred to in paragraph 189(1B)(b) of the amended EPBC Act.