9 Declaration of actions not needing approval
- (1)
- The Minister may declare
in writing that actions in a class of actions specified in the declaration
wholly or partly by reference to the fact that their taking has been approved
by the Commonwealth or a specified Commonwealth agency, in accordance with a
management plan that is an accredited management plan for the purposes of the
declaration, do not require approval under Part 9 for the purposes of a
specified provision of Part 3.
- Note 1: Subdivisions C and D set out rules about prerequisites for making a
declaration and limits on making a declaration.
Note 2: Section 35 provides for revocation of a declaration.
What is an accredited management plan?
- (2)
- A management plan is an
accredited management plan for the purposes of a declaration that certain
actions do not require approval under Part 9 for the purposes of a specified
provision of Part 3 if and only if the management plan:
- (a)
- is in force under a law of the Commonwealth identified in or under the
declaration; and
- (b)
- has been accredited in writing by the Minister in accordance with this
section for the purposes of the declaration.
Accrediting management plan
- (3)
- For the purposes of subsection (2), the
Minister may accredit by written instrument a management plan for the purposes
of a declaration. However, the Minister may do so only if the Minister is
satisfied that:
- (a)
- the management plan and the law under which it is in force (or is to be in
force) meet the criteria prescribed by the regulations; and
- (b)
- there has been or will be adequate assessment of the impacts that actions
approved in accordance with the plan:
- (i)
- have or will have; or
- (ii)
- are likely to have;
on each matter protected by a provision of Part 3 to which the declaration
relates; and
- (c)
- actions approved or taken in accordance with the management plan will not
have unacceptable or unsustainable impacts on a matter protected by a
provision of Part 3 to which the declaration relates.
The Minister must publish in accordance with the regulations (if any) the
instrument accrediting the management plan.
- Note: Subdivision C sets out more prerequisites for accrediting a plan.
Tabling of management plan before accreditation
- (4)
- The Minister must cause
to be laid before each House of the Parliament a copy of a management plan
that the Minister is considering accrediting for the purposes of subsection
(2), together with a notice that the Minister proposes to accredit the plan
for a declaration under this section.
No accreditation before end of period for opposition
- (5)
- The Minister must
not accredit a management plan for the purposes of subsection (2) under a
bilateral agreement:
- (a)
- before, or within 15 sitting days after, a copy of the management plan is
laid before each House of the Parliament under this section; or
- (b)
- if, within those 15 sitting days of a House, notice of a motion to oppose
accreditation of the management plan is given in that House—within 15
sitting days of that House after the notice is given.
No accreditation after accreditation opposed
- (6)
- The Minister must not
accredit the management plan if either House of the Parliament passes a
resolution opposing accreditation of the management plan following a motion of
which notice has been given within 15 sitting days after the management plan
has been laid before the House under this section.
No accreditation if motion not defeated in time
- (7)
- The Minister must not
accredit the management plan if at the end of 15 sitting days after notice of
a motion to oppose accreditation of the management plan that was given in a
House of the Parliament within 15 sitting days after the management plan was
laid before the House under this section:
- (a)
- the notice has not been withdrawn and the motion has not been called on;
or
- (b)
- the motion has been called on, moved and seconded and has not been
withdrawn or otherwise disposed of.
Extended time after dissolution or prorogation
- (8)
- If:
- (a)
- notice of a motion to oppose the accreditation of the management plan is
given in a House of the Parliament (the opposing House ); and
- (b)
- before the end of 15 sitting days of the opposing House after the notice
is given:
- (i)
- the House of Representatives is dissolved or expires; or
- (ii)
- the Parliament is prorogued; and
- (c)
- at the time of the dissolution, expiry or prorogation (as appropriate):
- (i)
- the notice has not been withdrawn and the motion has not been called on;
or
- (ii)
- the motion has been called on, moved and seconded and has not been
withdrawn or otherwise disposed of;
the management plan is taken for the purposes of subsections (5), (6) and (7)
to have been laid before the opposing House on the first sitting day of that
House after the dissolution, expiry or prorogation (as appropriate).
Commonwealth Numbered Acts