Document ID: chunk:federal_register_of_legislation:C2004A00486:clause:2_7:p1
Version: federal_register_of_legislation:C2004A00486
Segment Type: clause
Provision Reference: sch 2 cl 7 (pt 1/2)
Character Range: 29412–32056

7  Conservation orders

Continuation of permanent and interim conservation orders

(1) For the purposes of the new Act, a permanent conservation order or interim conservation order in force under the Species Act immediately before the commencement of the new Act has effect as if it were a conservation order made under Division 13 of Part 17 of the new Act.

Expiry of interim conservation orders

(2) However, an interim conservation order does not have effect after the last day on which it could have had effect under the Species Act if the Species Act had not been repealed.

Reconsideration of permanent and interim conservation orders

(3) If, before the commencement of the new Act:
 (a) the Minister administering the Species Act made a permanent conservation order or an interim conservation order under the Species Act; and
 (b) a person applied to that Minister under the Species Act for reconsideration of the order or for reconsideration of a decision on review of the order; and
 (c) that Minister had not confirmed, varied or revoked the order or decision;
that Minister must not confirm, vary or revoke the order or decision, despite section 8 of the Acts Interpretation Act 1901.

Minister's advice about conservation orders

(4) For the purposes of the new Act, advice given under Division 4 of Part 6 of the Species Act by the Minister administering the Species Act in relation to a permanent conservation order or an interim conservation order has effect as if it had been given under Division 13 of Part 17 of the new Act.

Continuation of impact assessment conservation orders

(5) Despite the repeal of the Species Act, an impact assessment conservation order that was in force under the Species Act immediately before its repeal continues to have effect in relation to an action to which Part 3 of the new Act does not apply because of item 4, 5 or 8 of Schedule 1 to this Act as if the following provisions had not been repealed:
 (a) Division 3 of Part 5 of the Species Act;
 (b) the other provisions of the Species Act, so far as they relate to impact assessment conservation orders.

Modification of provisions of Species Act

(6) The provisions mentioned in paragraphs (5)(a) and (b) apply for the purposes of subitem (5) as if:
 (a) a reference in those provisions to the Director were a reference to the Secretary to the Department administering Division 13 of Part 17 of the new Act; and
 (b) a reference in those provisions to the Minister were a reference to the Minister administering that Division; and
 (c) a reference in those provisions to the Environment Protection (Impact of Proposals) Act 1974 were a