Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:2_15
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 2 cl 15
Character Range: 612302–613990

15  Listed species or communities for which there are already recovery plans

(1) This item applies in relation to each species and ecological community in relation to which the following paragraphs were satisfied immediately before the commencement time:
 (a) the species or community was a listed threatened species or a listed threatened ecological community;
 (b) a recovery plan for the species or community had been made and was in force, or had been made but had not yet come into force.

(2) The amended EPBC Act applies in relation to the species or community as if the recovery plan had been made:
 (a) immediately after the commencement time under section 269A of the amended EPBC Act; and
 (b) pursuant to a decision of the Minister under subsection 269AA(1) of the amended EPBC Act to have a recovery plan for the species or community.

(3) In making a subsequent recovery plan decision, within the meaning of section 269AA of the amended EPBC Act, in relation to the species or community, paragraph 269AA(4)(a) does not apply.

(4) Section 266B of the amended EPBC Act does not apply in relation to the species or community unless and until:
 (a) the Minister decides, as mentioned in subsection 269AA(5) of the amended EPBC Act, not to have a recovery plan for the species or community; and
 (b) the Scientific Committee gives the Minister information or a statement as required by subitem (5).

(5) If the Minister makes a decision as mentioned in paragraph (4)(a) in relation to the species or community, the Scientific Committee must, within 30 days, give the Minister information or a statement of the kind referred to in paragraph 189(1B)(b) of the amended EPBC Act.