Federal Register of Legislation - Australian Government

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Act No. 195 of 1992 as made
An Act to make certain amendments of Acts in connection with the enactment of the Endangered Species Protection Act 1992
Date of Assent 21 Dec 1992
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

ENDANGERED SPECIES PROTECTION (CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 195, 1992

ENDANGERED SPECIES PROTECTION (CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 195 of 1992 - LONG TITLE

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

ENDANGERED SPECIES PROTECTION (CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 195 of 1992 - SECT 1
Short title

(Assented to 21 December 1992)
1. This Act may be cited as the Endangered Species Protection (Consequential Amendments) Act 1992.

(Minister's second reading speech made in-
House of Representatives on 4 November 1992
Senate on 26 November 1992)

ENDANGERED SPECIES PROTECTION (CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 195 of 1992 - SECT 2
Commencement

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

ENDANGERED SPECIES PROTECTION (CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 195 of 1992 - SECT 3
Consequential amendments of Acts

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

ENDANGERED SPECIES PROTECTION (CONSEQUENTIAL AMENDMENTS) ACT 1992 No. 195 of 1992 - SCHEDULE

SCHEDULE Section 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".

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.".