Application

(1)

This section applies only if the Minister's most recent decision under section 270A in relation to a key threatening process is to have a threat abatement plan for the process.

Note: Section 273 sets a deadline of 3 years from the decision for ensuring that a threat abatement plan is in force for the process.

Making a plan

(2)

The Minister may make a written threat abatement plan for the purposes of reducing the effect of the process.

Making a plan jointly with a State or Territory

(3)

The Minister may make a written threat abatement plan for the purposes of reducing the effect of the process, jointly with the States and self-governing Territories in which the process occurs or with agencies of those States and Territories.

Content of a plan

(4)

The Minister must not make a threat abatement plan under subsection (2) or

(3)

unless the plan meets the requirements of section 271.

Prerequisites to making a plan

(5)

Before making a threat abatement plan for the process under subsection (2) or (3), the Minister must:

(a)

consult the appropriate Minister of each State and self-governing Territory in which the process occurs, 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 process 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 threat abatement plan under subsection (2) for a process that occurs wholly or partly outside a Commonwealth area unless the Minister is satisfied that it is not reasonably practicable to make the plan:

(a)

jointly with each of the States and self-governing Territories in which the process occurs; and

(b)

within 3 years of the decision to have the plan.

Adopting a State or Territory plan

(7)

The Minister may, by instrument in writing, adopt as a threat abatement plan for the process a plan made by a State, a self-governing Territory or an agency of a State or self-governing Territory (whether or not the plan is in force in the State or Territory). The Minister may adopt the plan with such modifications as are specified in the instrument. This subsection has effect subject to section 277.

Note: Section 277 requires that:

(a) an adopted plan have the content required for a threat abatement plan by section 271; and (b) there has been adequate consultation in making the plan adopted; and (c) the Minister consult the Scientific Committee about the content of the plan.

Effect of adopting a plan

(8)

A plan adopted under subsection (7) has effect as if it had been made under subsection (2), whether it was adopted with modifications or not.