Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_269a:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 269A (pt 1/2)
Character Range: 688018–690745

269A  Making or adopting a recovery plan

Application
 (1) This section applies only if the Minister's most recent decision under section 269AA in relation to a listed threatened species (except one that is extinct or that is a conservation dependent species) or a listed threatened ecological community is to have a recovery plan for the species or community.
Note: Subsection 273(1) sets a deadline of 3 years from the decision for ensuring that a recovery plan is in force for the species or community. Subsection 273(2) allows that period to be extended.

Making a plan
 (2) The Minister may make a written recovery plan for the purposes of the protection, conservation and management of:
 (a) a listed threatened species (except one that is extinct or is a conservation dependent species); or
 (b) a listed threatened ecological community.

Making a plan jointly with a State or Territory
 (3) The Minister may make a written recovery plan for the purposes of the protection, conservation and management of a listed threatened species (except one that is extinct or is a conservation dependent species) or a listed threatened ecological community jointly with one or more of the States and self‑governing Territories in which the species or community occurs, or with agencies of one or more of those States and Territories.

Content of a plan
 (4) The Minister must not make a recovery plan under subsection (2) or (3) unless the plan meets the requirements of section 270.

Prerequisites to making a plan
 (5) Before making a recovery plan under subsection (2) or (3) for a listed threatened species or listed threatened ecological community, the Minister must:
 (a) consult the appropriate Minister of each State and self‑governing Territory in which the species or community occurs, and in which actions that the plan would provide for would occur, with a view to:
 (i) taking the views of each of those States and Territories into account in making the plan under subsection (2); or
 (ii) making the plan jointly under subsection (3);
  unless the species or community occurs only in a Commonwealth area; and
 (b) consider the advice of the Scientific Committee given under section 274; and
 (c) consult about the plan and consider comments in accordance with sections 275 and 276.

Limits on making a plan
 (6) The Minister must not make a recovery plan under subsection (2) for a species or ecological community that occurs wholly or partly outside a Commonwealth area unless the Minister is satisfied that it is not reasonably practicable, within the period of 3 years referred to in subsection 273(1), to make the plan under subsection (3) of this section with each State or Territory:
 (a) in which the species or