Commonwealth Numbered Regulations

1992 No. 319 NATIONAL PARKS AND WILDLIFE REGULATIONS (AMENDMENT) - REG 38

38.1 After regulation 16AK, insert in Part III: Approved management programs

"16AKA. (1) The Director may declare, in a notice published in the Gazette,
that a program for the management of wildlife is an approved management
program.

"(2) An approved management program may only apply in a Territory specified in
paragraph 16AB (1) (a).

"(3) The Director must not make a declaration unless he or she is satisfied
that:

   (a)  there is available to him or her sufficient information concerning the
        biology of each species subject to the program of management, and the
        role of that species in the ecosystem in which it occurs, to enable
        him or her to evaluate a management program for that species; and

   (b)  the program of management provides for measures to ensure that the
        taking in the wild in accordance with that program of an animal, or of
        a plant, that is wildlife:

        (i)    will not be detrimental to the survival of the species, or of a
               sub-species of that species, to which the animal or plant
               belongs; and

        (ii)   will be carried out at minimal risk to the continuing role of
               the species or sub-species in the ecosystems in which it occurs
               and so as to maintain the species or sub-species in a manner
               that is not likely to cause irreversible changes to, or long
               term deleterious effects on, the species or sub-species or the
               habitat of the species or sub-species; and

   (c)  the program of management provides for adequate periodic monitoring
        and assessment of the effects of the taking of an animal or plant that
        is wildlife under that program on the species, or sub-species, to
        which the animal or plant belongs, on the habitat of the species or
        sub-species and on any other species or sub-species of animal or plant
        wildlife that is likely to be affected by that taking.

"(4) A declaration relating to the Territory of Cocos (Keeling) Islands or to
the Territory of Christmas Island must be published in the Government Gazette
of the Territory concerned.

"(5) Subject to subregulation (6), notice of a declaration must be published
in a newspaper that is circulated in the area to which the declaration
relates.

"(6) If a newspaper is not circulated in an area to which the declaration
relates, the Director must give other notice of the declaration, having regard
to the forms of communication available for giving notice to persons likely to
be in the area.".