Document ID: chunk:federal_register_of_legislation:C2004A00849:clause:1_303fo:p1
Version: federal_register_of_legislation:C2004A00849
Segment Type: clause
Provision Reference: sch 1 cl 303FO (pt 1/2)
Character Range: 75746–78421

303FO  Approved wildlife trade management plan

 (1) The export of a specimen is an export in accordance with an approved wildlife trade management plan if the specimen is, or is derived from, a specimen that was taken in accordance with a plan declared by a declaration in force under subsection (2) to be an approved wildlife trade management plan.

 (2) The Minister may, by instrument published in the Gazette, declare that a specified plan is an approved wildlife trade management plan for the purposes of this section.

 (3) The Minister must not declare a plan under subsection (2) unless the Minister is satisfied that:
 (a) the plan is consistent with the objects of this Part; and
 (b) there has been an assessment of the environmental impact of the activities covered by the plan, including (but not limited to) an assessment of:
 (i) the status of the species to which the plan relates in the wild; and
 (ii) the extent of the habitat of the species to which the plan relates; and
 (iii) the threats to the species to which the plan relates; and
 (iv) the impacts of the activities covered by the plan on the habitat or relevant ecosystems; and
 (c) the plan includes management controls directed towards ensuring that the impacts of the activities covered by the plan on:
 (i) a taxon to which the plan relates; and
 (ii) any taxa that may be affected by activities covered by the plan; and
 (iii) any relevant ecosystem (for example, impacts on habitat or biodiversity);
  are ecologically sustainable; and
 (d) the activities covered by the plan will not be detrimental to:
 (i) the survival of a taxon to which the plan relates; or
 (ii) the conservation status of a taxon to which the plan relates; or
 (iii) any relevant ecosystem (for example, detriment to habitat or biodiversity); and
 (e) the plan includes measures:
 (i) to mitigate and/or minimise the environmental impact of the activities covered by the plan; and
 (ii) to monitor the environmental impact of the activities covered by the plan; and
 (iii) to respond to changes in the environmental impact of the activities covered by the plan; and
 (f) if the plan relates to the taking of live specimens that belong to a taxon specified in the regulations—the conditions that, under the regulations, are applicable to the welfare of the specimens are likely to be complied with; and
 (g) such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.

 (4) In deciding whether to declare a plan under subsection (2), the Minister must have regard to:
 (a) whether legislation relating to the protection, conservation or management of the specimens to