Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_328
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 328
Character Range: 963250–965020

328  Making plans

Minister must make plan
 (1) The Minister must make a written plan for managing a wetland that is included in the List of Wetlands of International Importance kept under the Ramsar Convention and is entirely within one or more Commonwealth areas. The Minister must do so as soon as practicable after the wetland:
 (a) is included in the List; or
 (b) becomes entirely within one or more Commonwealth areas.

Amending and replacing plan
 (2) The Minister may make a written plan amending, or revoking and replacing, a plan made under subsection (1) or this subsection.

Requirements for plan
 (3) A plan must not be inconsistent with:
 (a) Australia's obligations under the Ramsar Convention; or
 (b) the Australian Ramsar management principles.
Note: Section 335 explains what Australian Ramsar management principles are.

Ensuring plans reflect current management principles
 (4) If the Australian Ramsar management principles change so that a plan (the earlier plan) is inconsistent with them, the Minister must make another plan:
 (a) amending the earlier plan so it is not inconsistent with them; or
 (b) revoking and replacing the earlier plan.

Plan may be in same document as another plan
 (5) To avoid doubt, a plan under this section for a wetland may be in the same document as:
 (a) a plan under this section for another wetland; or
 (b) a plan that this Act or another law of the Commonwealth requires or permits to be prepared.

Commonwealth reserves
 (6) Despite subsections (1) and (2), the Minister may not make a plan for so much of a wetland as is in a Commonwealth reserve.
Note: A management plan must be prepared under Division 4 for a Commonwealth reserve, taking account of Australia's obligations under the Ramsar Convention.