Document ID: chunk:federal_register_of_legislation:C2004A00486:clause:4_11
Version: federal_register_of_legislation:C2004A00486
Segment Type: clause
Provision Reference: sch 4 cl 11
Character Range: 65110–66971

11  Transitional provision—approved wildlife programs

(1) In this item:

approved management program means a program for the management of a species that was declared to be an approved management program by a declaration in force under regulation 58 of the National Parks and Wildlife Conservation Regulations immediately before the commencement of the new Act.

(2) So far as a provision of the new Act listed in subitem (3) relates to the taking of an action:
 (a) relating to a species that is:
 (i) a subject of an approved management program; and
 (ii) either listed under the Division of that Act in which the provision occurs or, in the case of the provision of that Act listed in paragraph (3)(b), a cetacean species; and
 (b) in a Territory where the program applies;
the provision has effect as if a reference in the provision to the taking of an action not being inconsistent with a wildlife conservation plan for that species that is in force included a reference to the taking of an action not being inconsistent with the program for that species.

(3) Subitem (2) applies in relation to the following provisions of the new Act:
 (a) subparagraph 216(3)(b)(ii);
 (b) subparagraph 238(3)(b)(ii);
 (c) subparagraph 258(3)(b)(ii).

(4) When taking an action in a Territory where an approved management program applies, a Commonwealth agency (as defined in the new Act) must take all reasonable steps to act in accordance with the program.

(5) This item does not apply in relation to an approved management program for a species after:
 (a) a recovery plan for the species has been made or adopted for the species under the new Act; or
 (b) a wildlife conservation plan for the species has been made or adopted under section 285 of the new Act.

Part 3—Consequential amendment of other Acts

Aboriginal Land Grant (Jervis Bay Territory) Act 1986