Endangered Species Protection (Consequential Amendments) Act 1992 (Cth)

Endangered Species Protection (Consequential Amendments) Act 1992

No. 195 of 1992

An Act to make certain amendments of Acts in connection with the enactment of the Endangered Species Protection Act 1992

[Assented to 21 December 1992]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Endangered Species Protection (Consequential Amendments) Act 1992.

Commencement

2. This Act commences on the day on which the Endangered Species Protection Act 1992 commences.

Consequential amendments of Acts

3. The Acts specified in the Schedule are amended as set out in the Schedule.

SCHEDULE Sections 3

CONSEQUENTIAL AMENDMENTS OF ACTS

Environment Protection (Impact of Proposals) Act 1974

After section 5:

Insert:

Endangered species etc.

"5A.(1) Without limiting the scope of section 5, a matter is taken, for the purposes of that section, to be a matter affecting the environment to a significant extent if it could threaten with extinction, or significantly impede the recovery of, a listed native species or a listed ecological community.

"(2) Despite subsection (1), for the purposes of section 5, an act is not taken, merely because it could affect a listed native species or a listed ecological community, to be a matter affecting the environment to a significant extent if it is expressly permitted under a recovery plan, or a threat abatement plan, that is in force under the Endangered Species Protection Act 1992.

"(3) In this section:

'listed ecological community' and 'listed native species' have the same meanings as in the Endangered Species Protection Act 1992;

'permitted' includes required;

'recovery plan' and 'threat abatement plan' have the same meanings as in the Endangered Species Protection Act 1992.".

National Parks and Wildlife Conservation Act 1975

Paragraph 16(1)(h):

Omit "and".

After paragraph 16(1)(h):

Insert:

"(ha) any other functions conferred on the Director under any other Act; and".

Paragraph 42(6)(b):

After "animal" insert "or plant".

Subparagraph 44B(4)(a)(iv):

Omit "granting", substitute "issuing".

Subsection 44E(2):

Omit "substantially".

SCHEDULE—continued

After subsection 52(1):

Insert:

"(1A) The report must include the report prepared by the Director under section 48 of the Endangered Species Protection Act 1992.".

[Minister's second reading speech made in—

House of Representatives on 4 November 1992

Senate on 26 November 1992