Document ID: chunk:federal_register_of_legislation:C2007C00084:clause:1_23
Version: federal_register_of_legislation:C2007C00084
Segment Type: clause
Provision Reference: sch 1 cl 23
Character Range: 28824–31623

23  Subsections 305(1) to (3)
Repeal the subsections, substitute:

 (1) The Minister may, on behalf of the Commonwealth, enter into an agreement (a conservation agreement) with a person for the protection and conservation of all or any of the following:
 (a) biodiversity in the Australian jurisdiction;
 (b) the world heritage values of a declared World Heritage property in the Australian jurisdiction;
 (c) the National Heritage values of a National Heritage place (whether inside or outside the Australian jurisdiction);
 (d) the Commonwealth Heritage values of a Commonwealth Heritage place (whether inside or outside the Australian jurisdiction).

 (1A) The protection and conservation of the matters in subsection (1) include all or any of the following:
 (a) the protection, conservation and management of any listed species or ecological communities, or their habitats;
 (b) the management of things in a way necessary for the protection and conservation of:
 (i) the world heritage values of a declared World Heritage property; or
 (ii) the National Heritage values of a National Heritage place; or
 (iii) the Commonwealth Heritage values of a Commonwealth Heritage place;
 (c) the abatement of processes, and the mitigation or avoidance of actions, that might adversely affect:
 (i) biodiversity; or
 (ii) the world heritage values of a declared World Heritage property; or
 (iii) the National Heritage values of a National Heritage place; or
 (iv) the Commonwealth Heritage values of a Commonwealth Heritage place.

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.

 (3) For the purposes of subsection (2), in deciding whether a proposed agreement will result in a net benefit to the conservation of biodiversity or heritage values, the Minister must have regard to the matters (if any) prescribed by the regulations.