Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_266b
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 266B
Character Range: 266077–268733

266B  Approved conservation advice for listed threatened species and listed threatened ecological communities

Minister to ensure there is approved conservation advice

 (1) The Minister must ensure that there is approved conservation advice for each listed threatened species (except one that is extinct or that is a conservation dependent species), and each listed threatened ecological community, at all times while the species or community continues to be listed.

 (2) For this purpose, approved conservation advice is a document, approved in writing by the Minister (and as changed from time to time in accordance with subsection (3)), that contains:
 (a) a statement that sets out:
 (i) the grounds on which the species or community is eligible to be included in the category in which it is listed; and
 (ii) the main factors that are the cause of it being so eligible; and
 (b) either:
 (i) information about what could appropriately be done to stop the decline of, or support the recovery of, the species or community; or
 (ii) a statement to the effect that there is nothing that could appropriately be done to stop the decline of, or support the recovery of, the species or community.

Changing approved conservation advice

 (3) The Minister may, in writing, approve changes to approved conservation advice.

Consultation with Scientific Committee

 (4) If the Minister proposes to approve a document as approved conservation advice, the Minister must consult the Scientific Committee about the document, unless its content is substantially the same as material that the Committee has previously provided to the Minister.

 (5) If the Minister proposes to approve a change to approved conservation advice, the Minister must consult the Scientific Committee about the change, unless the change is substantially the same as a change that the Scientific Committee has previously advised the Minister should be made.

Publication requirements

 (6) If the Minister approves a document as approved conservation advice, the Minister must:
 (a) within 10 days of the approval of the document, publish the approved conservation advice on the Internet; and
 (b) comply with any other publication requirements of the regulations.

 (7) If the Minister approves a change to approved conservation advice, the Minister must:
 (a) within 10 days of the approval of the change, publish the advice, as changed, on the Internet; and
 (b) comply with any other publication requirements of the regulations.

Instruments of approval are not legislative instruments

 (8) An instrument of approval under subsection (2) or (3) is not a legislative instrument.