ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999
Table of Provisions
CHAPTER 1--Preliminary
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Objects of Act
- 3A Principles of ecologically sustainable development
- 4 Act to bind Crown
- 5 Application of Act
- 6 Extended application of Act to match extended management of fisheries under the Fisheries Management Act 1991
- 7 Application of the Criminal Code
- 8 Native title rights not affected
- 9 Relationship with other Acts
- 10 Relationship with State law
CHAPTER 2--Protecting the environment
PART 2--SIMPLIFIED--OUTLINE OF THIS CHAPTER
- 11 Simplified outline of this Chapter
PART 3--REQUIREMENTS--FOR ENVIRONMENTAL APPROVALS
Division 1--Requirements relating to matters of national environmental significance
Subdivision A--World Heritage- 12 Requirement for approval of activities with a significant impact on a declared World Heritage property
- 13 What is a declared World Heritage property ?
- 14 Declaring a property to be a declared World Heritage property
- 15 Amending or revoking a declaration of a declared World Heritage property
- 15A Offences relating to declared World Heritage properties Subdivision AA--National Heritage
- 15B Requirement for approval of activities with a significant impact on a National Heritage place
- 15C Offences relating to National Heritage places Subdivision B--Wetlands of international importance
- 16 Requirement for approval of activities with a significant impact on a declared Ramsar wetland
- 17 What is a declared Ramsar wetland ?
- 17A Making and revoking declarations of wetlands
- 17B Offences relating to declared Ramsar wetlands Subdivision C--Listed threatened species and communities
- 18 Actions with significant impact on listed threatened species or endangered community prohibited without approval
- 18A Offences relating to threatened species etc.
- 19 Certain actions relating to listed threatened species and listed threatened ecological communities not prohibited Subdivision D--Listed migratory species
- 20 Requirement for approval of activities with a significant impact on a listed migratory species
- 20A Offences relating to listed migratory species
- 20B Certain actions relating to listed migratory species not prohibited Subdivision E--Protection of the environment from nuclear actions
- 21 Requirement for approval of nuclear actions
- 22 What is a nuclear action ?
- 22A Offences relating to nuclear actions Subdivision F--Marine environment
- 23 Requirement for approval of activities involving the marine environment
- 24 What is a Commonwealth marine area ?
- 24A Offences relating to marine areas Subdivision FA--Great Barrier Reef Marine Park
- 24B Requirement for approval of activities in the Great Barrier Reef Marine Park
- 24C Offences relating to Great Barrier Reef Marine Park Subdivision FB--Protection of water resources from unconventional gas development and large coal mining development
- 24D Requirement for approval of developments with a significant impact on water resources
- 24E Offences relating to water resources Subdivision G--Additional matters of national environmental significance
- 25 Requirement for approval of prescribed actions Subdivision H--Actions that are taken to be covered by this Division
- 25A Actions that are taken to be covered by this Division Subdivision HA--Limitation on liability for actions of third parties
- 25AA Limitation on liability for actions of third parties Subdivision I--Evidentiary certificates
- 25B Evidentiary certificates
- 25C Certificate to be given to person
- 25D Evidentiary effect of certificate
- 25E Variation of certificate
- 25F Revocation of certificate
Division 2--Protection of the environment from proposals involving the Commonwealth
Subdivision A--Protection of environment from actions involving Commonwealth land- 26 Requirement for approval of activities involving Commonwealth land
- 27 What is Commonwealth land ?
- 27A Offences relating to Commonwealth land Subdivision AA--Protection of Commonwealth Heritage places outside the Australian jurisdiction
- 27B Requirement for approval of actions with significant impact on Commonwealth Heritage places overseas
- 27C Offences relating to Commonwealth Heritage places overseas Subdivision B--Protection of the environment from Commonwealth actions
- 28 Requirement for approval of activities of Commonwealth agencies significantly affecting the environment Subdivision C--Actions that are taken to be covered by this Division
- 28AA Actions that are taken to be covered by this Division Subdivision D--Limitation on liability for actions of third parties
- 28AB Limitation on liability for actions of third parties
PART 4--CASES--IN WHICH ENVIRONMENTAL APPROVALS ARE NOT NEEDED
Division 1--Actions covered by bilateral agreements
- 29 Actions declared by agreement not to need approval
- 30 Extended operation in State and Northern Territory waters
- 31 Extended operation in non - self - governing Territories
Division 2--Actions covered by Ministerial declarations and accredited management arrangements or accredited authorisation processes
Subdivision A--Effect of declarations- 32 Actions declared by Minister not to need approval Subdivision B--Making declarations
- 33 Making declaration that actions do not need approval under Part 9
- 34 What is matter protected by a provision of Part 3? Subdivision C--Prerequisites for making declarations
- 34A Minister may only make declaration if prescribed criteria are met
- 34B Declarations relating to declared World Heritage properties
- 34BA Declarations relating to National Heritage places
- 34C Declarations relating to declared Ramsar wetlands
- 34D Declarations relating to listed threatened species and ecological communities
- 34E Declarations relating to migratory species
- 34F Declarations relating to Commonwealth Heritage places Subdivision D--Other rules about declarations
- 35 Revoking declarations
- 36 Other rules about declarations
- 36A Minor amendments of accredited management arrangement or accredited authorisation process
Division 3--Actions covered by Ministerial declarations and bioregional plans
Subdivision A--Effect of declarations- 37 Actions declared by Minister not to need approval Subdivision B--Making declarations
- 37A Making declarations that actions do not need approval under Part 9 Subdivision C--Prerequisites for making declarations
- 37B General considerations
- 37C Minister may make declaration only if prescribed criteria are met
- 37D Declarations relating to declared World Heritage properties
- 37E Declarations relating to National Heritage places
- 37F Declarations relating to declared Ramsar wetlands
- 37G Declarations relating to listed threatened species and ecological communities
- 37H Declarations relating to listed migratory species
- 37J No declarations relating to nuclear actions Subdivision D--Other rules about declarations
- 37K Revoking declarations
- 37L Other rules about declarations
Division 3A--Actions covered by conservation agreements
- 37M Actions declared by conservation agreement not to need approval
Division 4--Forestry operations in certain regions
Subdivision A--Regions covered by regional forest agreements- 38 Part 3 not to apply to certain RFA forestry operations Subdivision B--Regions subject to a process of negotiating a regional forest agreement
- 39 Object of this Subdivision
- 40 Forestry operations in regions not yet covered by regional forest agreements
- 41 What is an RFA region ? Subdivision C--Limits on application
- 42 This Division does not apply to some forestry operations
Division 5--Actions in the Great Barrier Reef Marine Park
Division 6--Actions with prior authorisation
- 43A Actions with prior authorisation
- 43B Actions which are lawful continuations of use of land etc.
CHAPTER 3--Bilateral agreements
PART 5--BILATERAL--AGREEMENTS
Division 1--Object of Part
- 44 Object of this Part
Division 2--Making bilateral agreements
Subdivision A--Power to make bilateral agreements- 45 Minister may make agreement
- 46 Agreement may declare actions do not need approval under Part 9
- 47 Agreement may declare classes of actions do not need assessment
- 48 Other provisions of bilateral agreements
- 48A Mandatory provisions
- 49 Certain limits on scope of bilateral agreements Subdivision B--Prerequisites for making bilateral agreements
- 49A Consultation on draft agreement
- 50 Minister may only enter into agreement if prescribed criteria are met
- 51 Agreements relating to declared World Heritage properties
- 51A Agreements relating to National Heritage places
- 52 Agreements relating to declared Ramsar wetlands
- 53 Agreements relating to listed threatened species and ecological communities
- 54 Agreements relating to migratory species
- 55 Agreements relating to nuclear actions
- 56 Agreements relating to prescribed actions Subdivision C--Minor amendments of bilateral agreements
- 56A Ministerial determination of minor amendments to bilateral agreements
Division 3--Suspending and ending the effect of bilateral agreements
Subdivision A--Suspension and cancellation of effect- 57 Representations about suspension or cancellation
- 58 Consultation before cancellation or suspension
- 59 Suspension or cancellation
- 60 Emergency suspension of effect of bilateral agreement
- 61 Cancellation during suspension
- 62 Revocation of notice of suspension or cancellation
- 63 Cancellation or suspension at request of other party
- 64 Cancellation or suspension of bilateral agreement does not affect certain actions Subdivision B--Expiry of bilateral agreements
- 65 Expiry and review of bilateral agreements
- 65A Expiry of bilateral agreement does not affect certain actions
CHAPTER 4--Environmental assessments and approvals
PART 6--SIMPLIFIED--OUTLINE OF THIS CHAPTER
- 66 Simplified outline of this Chapter
PART 7--DECIDING--WHETHER APPROVAL OF ACTIONS IS NEEDED
Division 1--Referral of proposals to take action
- 67 What is a controlled action ?
- 67A Prohibition on taking controlled action without approval
- 68 Referral by person proposing to take action
- 68A Actions proposed to be taken under a contract etc.
- 69 State or Territory may refer proposal to Minister
- 70 Minister may request referral of proposal
- 71 Commonwealth agency may refer proposal to Minister
- 72 Form and content of referrals
- 73 Informing person proposing to take action of referral
- 73A Informing Great Barrier Reef Marine Park Authority of proposal affecting Great Barrier Reef Marine Park
- 74 Inviting provision of information on referred proposal
- 74A Minister may request referral of a larger action
- 74AA Offence of taking action before decision made in relation to referral etc.
Division 1A--Decision that action is clearly unacceptable
- 74B Application of this Division
- 74C Informing person proposing to take action that action is clearly unacceptable
- 74D Procedure if Minister is requested to reconsider referral
Division 2--Ministerial decision whether action needs approval
- 75 Does the proposed action need approval?
- 76 Minister may request more information for making decisions
- 77 Notice and reasons for decision
- 77A Action to be taken in a particular manner
Division 3--Reconsideration of decisions
- 78 Reconsideration of decision
- 78A Request for reconsideration of decision by person other than State or Territory Minister
- 78B Minister must inform interested persons of request and invite comments
- 78C Minister must reconsider decision and give notice of outcome
- 79 Reconsideration of decision on request by a State or Territory
PART 8--ASSESSING--IMPACTS OF CONTROLLED ACTIONS
Division 1--Simplified outline of this Part
- 80 Simplified outline of this Part
Division 2--Application of this Part
- 81 Application
- 82 What are the relevant impacts of an action?
- 83 This Part does not apply if action covered by bilateral agreement
- 84 This Part does not apply if action covered by declaration
Division 3--Decision on assessment approach
Subdivision A--Simplified outline of this Division- 85 Simplified outline of this Division Subdivision B--Deciding on approach for assessment
- 87 Minister must decide on approach for assessment
- 88 Timing of decision on assessment approach
- 89 Minister may request more information for making decision
- 90 Directing an inquiry after starting an assessment
- 91 Notice of decision on assessment approach
Division 3A--Assessment on referral information
Division 4--Assessment on preliminary documentation
- 94 Application of this Division
- 95 Direction to publish referral information and invitation to comment--no further information required
- 95A Direction to publish referral information and invitation to comment--further information required
- 95B Procedure after end of period for comment
- 95C Recommendation report
Division 5--Public environment reports
- 96 Application
- 96A Minister must give designated proponent written guidelines for preparation of draft public environment report
- 96B Standard guidelines
- 97 Tailored guidelines
- 98 Designated proponent must invite comment on draft public environment report
- 99 Finalising public environment report
- 100 Recommendation report
Division 6--Environmental impact statements
- 101 Application
- 101A Minister must give designated proponent written guidelines for preparation of draft environmental impact statement
- 101B Standard guidelines
- 102 Tailored guidelines
- 103 Designated proponent must invite comment on draft environmental impact statement
- 104 Finalising environmental impact statement
- 105 Recommendation report
Division 7--Inquiries
Subdivision A--Preliminary- 106 Simplified outline Subdivision B--Establishment of inquiries
- 107 Appointing commissioners and setting terms of reference
- 108 Publicising inquiry Subdivision C--Conduct of inquiries
- 109 Procedure of inquiries
- 110 Inquiry to be public
- 111 Calling witnesses
- 112 Dealing with witnesses
- 113 Dealing with documents given to commission
- 114 Inspections of land, buildings and places
- 115 Entering premises by consent
- 116 Entering premises under warrant
- 117 Warrants by telephone or other electronic means
- 118 Identity cards
- 119 Contempt
- 120 Protection of commissioners and witnesses Subdivision D--Inquiry reports
- 121 Timing of report
- 122 Publication of report Subdivision E--Commissioners' terms and conditions
- 123 Basis of appointment
- 124 Remuneration
- 125 Leave of absence
- 126 Resignation
- 127 Termination of appointment
- 128 Disclosure of interests
- 129 Other terms and conditions
PART 9--APPROVAL--OF ACTIONS
Division 1--Decisions on approval and conditions
Subdivision A--General- 130 Timing of decision on approval
- 131 Inviting comments from other Ministers before decision
- 131AA Inviting comments before decision from person proposing to take action and designated proponent
- 131AB Minister must obtain advice from Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development
- 131A Inviting public comment before decision
- 132 Requesting further information for approval decision
- 132A Requesting notice from appropriate State or Territory Minister about certain actions
- 132B Election to have an action management plan approved after approval of the taking of an action granted
- 133 Grant of approval
- 134 Conditions of approval
- 134A Inviting public comment before approving action management plan
- 135 Certain approvals and conditions must not give preference
- 135A Publication of recommendation reports Subdivision B--Considerations for approvals and conditions
- 136 General considerations
- 137 Requirements for decisions about World Heritage
- 137A Requirements for decisions about National Heritage places
- 138 Requirements for decisions about Ramsar wetlands
- 139 Requirements for decisions about threatened species and endangered communities
- 140 Requirements for decisions about migratory species
- 140A No approval for certain nuclear installations
Division 2--Requirement to comply with conditions
- 142 Compliance with conditions on approval
- 142A Offence of breaching conditions on approval
- 142B Strict liability offence for breach of approval condition
Division 3--Variation of conditions and suspension and revocation of approvals
- 143 Variation of conditions attached to approval
- 143A Variation of action management plan
- 144 Suspension of approval
- 145 Revocation of approval
- 145A Reinstating suspended or revoked approval
Division 4--Transfer of approvals
- 145B Transfer with Minister's consent
Division 5--Extension of period of effect of approval
- 145C Application to Minister to extend period of effect of approval
- 145D Minister must decide whether or not to extend approval period
- 145E Minister may request further information for making decision
PART 10--STRATEGIC--ASSESSMENTS
Division 1--Strategic assessments generally
Subdivision A--Assessment of actions to be taken in accordance with policy, plan or program- 146 Minister may agree on strategic assessment Subdivision B--Approval of taking of actions in accordance with endorsed policy, plan or program
- 146A Definition
- 146B Minister may approve taking of actions in accordance with endorsed policy, plan or program
- 146C Inviting comments from other Ministers before deciding whether or not to approve taking of actions in accordance with endorsed policy, plan or program
- 146D Effect of approval of taking of actions in accordance with endorsed policy, plan or program Subdivision C--Considerations for approving taking of actions in accordance with endorsed policy, plan or program
- 146E Minister must comply with this Subdivision
- 146F General considerations
- 146G Approvals relating to declared World Heritage properties
- 146H Approvals relating to National Heritage places
- 146J Approvals relating to declared Ramsar wetlands
- 146K Approvals relating to listed threatened species and ecological communities
- 146L Approvals relating to listed migratory species
- 146M No approvals relating to nuclear actions
Division 2--Assessment of Commonwealth-managed fisheries
- 147 Simplified outline of this Division
- 148 Assessment before management plan is determined
- 149 Assessment before determination that no plan required
- 150 Assessment of all fisheries without plans must be started within 5 years
- 151 Assessment of all Torres Strait fisheries to be started within 5 years
- 152 Further assessment if impacts greater than previously assessed
- 153 Minister must make declaration if he or she endorses plan or policy
- 154 This Division does not limit Division 1
PART 11--MISCELLANEOUS--RULES ABOUT ASSESSMENTS AND APPROVALS
Division 1--Rules about timing
Division 1A--Variation of proposals to take actions
- 156A Request to vary proposal to take an action
- 156B Minister must decide whether or not to accept a varied proposal
- 156C Minister may request further information in relation to a varied proposal
- 156D Effect of Minister's decision to accept or not accept a varied proposal
- 156E Notice of decision
Division 1B--Change of person proposing to take action
Division 2--Actions in area offshore from a State or the Northern Territory
Division 3--Exemptions
- 158 Exemptions from Part 3 and this Chapter
Division 3A--Approval process decisions not affected by listing events that happen after section 75 decision made
- 158A Approval process decisions not affected by listing events that happen after section 75 decision made
Division 4--Application of Chapter to actions that are not controlled actions
Subdivision A--Minister's advice on authorising actions- 159 Simplified outline of this Subdivision
- 160 Requirement to take account of Minister's advice
- 161 Seeking the Minister's advice
- 161A Minister may decide that advice is not required
- 161B Certain provisions of other Acts not to apply if Minister decides that advice is not required
- 162 Assessment of the action
- 163 Providing advice
- 164 Reporting on response to advice Subdivision C--Assessment under agreement with State or Territory
- 166 This Subdivision applies if Ministers agree it should
- 167 Making an agreement
- 168 Content of an agreement
- 169 Application of a Division of Part 8
- 170 Application of Subdivision A of Division 1 of Part 10
Division 5--Publication of information relating to assessments
- 170A Publication of information relating to assessments
- 170B Information critical to protecting matters of national environmental significance not to be disclosed
- 170BA Designated proponent may request Minister to permit commercial - in - confidence information not to be disclosed
Division 6--Withdrawal of referrals
Division 7--Miscellaneous
- 170CA Fees
CHAPTER 5--Conservation of biodiversity and heritage
PART 11A--INTERPRETATION
- 170D References to business days are references to Canberra business days
PART 12--IDENTIFYING--AND MONITORING BIODIVERSITY AND MAKING BIOREGIONAL PLANS
Division 1--Identifying and monitoring biodiversity
- 171 Identifying and monitoring biodiversity
- 172 Inventories of listed threatened species etc. on Commonwealth land
- 173 Surveys of cetaceans, listed threatened species etc. in Commonwealth marine areas
- 174 Inventories and surveys to be updated
Division 2--Bioregional plans
- 176 Bioregional plans
- 177 Obligations under this Act unaffected by lack of bioregional plans
PART 13--SPECIES--AND COMMUNITIES
Division 1--Listed threatened species and ecological communities
Subdivision A--Listing- 178 Listing of threatened species
- 179 Categories of threatened species
- 180 Native species of marine fish
- 181 Listing of threatened ecological communities
- 182 Critically endangered, endangered and vulnerable communities
- 183 Listing of key threatening processes
- 184 Minister may amend lists
- 186 Amending list of threatened native species
- 187 Amending list of ecological communities
- 188 Amending list of key threatening processes
- 189 Minister must consider advice from Scientific Committee
- 189A Certain information may be kept confidential
- 189B Disclosure of Scientific Committee's assessments and advice
- 190 Scientific Committee may provide advice about species or communities becoming threatened
- 192 Rediscovery of threatened species that were extinct
- 193 Species posing a serious threat to human health
- 194 Lists must be publicly available Subdivision AA--The nomination and listing process
- 194A Simplified outline
- 194B Definitions
- 194C Meaning of assessment period
- 194D Minister may determine conservation themes for an assessment period
- 194E Minister to invite nominations for each assessment period
- 194F Minister to give nominations to Scientific Committee
- 194G Scientific Committee to prepare proposed priority assessment list
- 194H Matters to be included in proposed priority assessment list
- 194J Statement to be given to Minister with proposed priority assessment list
- 194K The finalised priority assessment list
- 194L Publication of finalised priority assessment list
- 194M Scientific Committee to invite comments on items in finalised priority assessment list
- 194N Scientific Committee to assess items on finalised priority assessment list and give assessments to Minister
- 194P Time by which assessments to be provided to Minister
- 194Q Decision about inclusion of an item in the Subdivision A List
- 194R Scientific Committee may obtain advice
- 194S Co - ordination with Australian Heritage Council--Committee undertaking assessment
- 194T Co - ordination with Australian Heritage Council--Committee given assessment to Minister Subdivision B--Permit system
- 195 Subdivision does not apply to cetaceans
- 196 Killing or injuring member of listed threatened species or community
- 196A Strict liability for killing or injuring member of listed threatened species or community
- 196B Taking etc. member of listed threatened species or community
- 196C Strict liability for taking etc. member of listed threatened species or community
- 196D Trading etc. member of listed threatened species or community taken in Commonwealth area
- 196E Strict liability for trading etc. member of listed threatened species or community taken in Commonwealth area
- 196F Aggravated offence--member of listed threatened species that is a dugong or turtle
- 197 Certain actions are not offences
- 198 Operation of sections 18 and 18A not affected
- 199 Failing to notify taking of listed threatened species or listed ecological community
- 200 Application for permits
- 201 Minister may issue permits
- 202 Conditions of permits
- 203 Contravening conditions of a permit
- 204 Authorities under permits
- 205 Transfer of permits
- 206 Suspension or cancellation of permits
- 206A Review of decisions about permits
- 207 Fees Subdivision BA--Protecting critical habitat
- 207A Register of critical habitat
- 207B Offence of knowingly damaging critical habitat
- 207C Sale or lease of Commonwealth land containing critical habitat Subdivision C--Miscellaneous
- 208A Minister may accredit plans, regimes or policies
- 208 Regulations
Division 2--Migratory species
Subdivision A--Listing- 209 Listed migratory species Subdivision B--Permit system
- 210 Subdivision does not apply to members of listed threatened species or cetaceans
- 211 Killing or injuring member of listed migratory species
- 211A Strict liability for killing or injuring member of listed migratory species
- 211B Taking etc. member of listed migratory species
- 211C Strict liability for taking etc. member of listed migratory species
- 211D Trading etc. member of listed migratory species taken in Commonwealth area
- 211E Strict liability for trading etc. member of listed migratory species taken in Commonwealth area
- 211F Aggravated offence--member of listed migratory species that is a dugong or turtle
- 212 Certain actions are not offences
- 213 Operation of sections 20 and 20A not affected
- 214 Failing to notify taking etc. of listed migratory species
- 215 Application for permits
- 216 Minister may issue permits
- 217 Conditions of permits
- 218 Contravening conditions of a permit
- 219 Authorities under permits
- 220 Transfer of permits
- 221 Suspension or cancellation of permits
- 221A Review of decisions about permits
- 222 Fees Subdivision C--Miscellaneous
- 222A Minister may accredit plans, regimes or policies
- 223 Regulations
Division 3--Whales and other cetaceans
Subdivision A--Application of Division- 224 Application of Division Subdivision B--Australian Whale Sanctuary and important cetacean habitat areas
- 225 Australian Whale Sanctuary
- 226 Prescribed waters
- 227 Coastal waters
- 228 Minister may make declaration for coastal waters
- 228A Important cetacean habitat areas Subdivision C--Offences
- 229 Killing or injuring a cetacean
- 229A Strict liability for killing or injuring a cetacean
- 229B Intentionally taking etc. a cetacean
- 229C Strict liability for taking etc. a cetacean
- 229D Treating cetaceans
- 230 Possession of cetaceans
- 231 Certain actions are not offences
- 232 Action to be taken on killing etc. cetaceans Subdivision E--Miscellaneous offences
- 236 Offences relating to foreign whaling vessels Subdivision F--Permit system
- 237 Application for permits
- 238 Minister may issue permits
- 239 Conditions of permits
- 240 Contravening conditions of a permit
- 241 Authorities under permits
- 242 Transfer of permits
- 243 Suspension or cancellation of permits
- 243A Review of decisions about permits
- 244 Fees Subdivision G--Miscellaneous
- 245 Minister may accredit plans, regimes or policies
- 246 Vesting of whales in Commonwealth
- 247 Regulations
Division 4--Listed marine species
Subdivision A--Listing- 248 Listed marine species
- 249 Minister may amend list
- 250 Adding marine species to the list
- 251 Minister must consider advice from Scientific Committee
- 252 Minister to make lists available to the public Subdivision B--Permit system
- 253 Subdivision does not apply to members of certain species and cetaceans
- 254 Killing or injuring member of listed marine species
- 254A Strict liability for killing or injuring member of listed marine species
- 254B Taking etc. member of listed marine species
- 254C Strict liability for taking etc. member of listed marine species
- 254D Trading etc. member of listed marine species taken in Commonwealth area
- 254E Strict liability for trading etc. member of listed marine species taken in Commonwealth area
- 254F Aggravated offence--member of listed marine species that is a dugong or turtle
- 255 Certain actions are not offences
- 256 Failing to notify taking etc. of listed marine wildlife
- 257 Application for permits
- 258 Minister may issue permits
- 259 Conditions of permits
- 260 Contravening conditions of a permit
- 261 Authorities under permits
- 262 Transfer of permits
- 263 Suspension or cancellation of permits
- 263A Review of decisions about permits
- 264 Fees Subdivision C--Miscellaneous
- 265 Minister may accredit plans, regimes or policies
- 266 Regulations
CHAPTER 5--Conservation ofbiodiversity and heritage
PART 13--SPECIES--AND COMMUNITIES
Division 5--Conservation advice, recovery plans, threat abatement plans and wildlife conservation plans
Subdivision AA--Approved conservation advice- 266B Approved conservation advice for listed threatened species and listed threatened ecological communities Subdivision A--Recovery plans and threat abatement plans
- 267 Simplified outline of this Subdivision
- 268 Compliance with recovery plans and threat abatement plans
- 269 Implementing recovery and threat abatement plans
- 269AA Decision whether to have a recovery plan
- 269A Making or adopting a recovery plan
- 270 Content of recovery plans
- 270A Decision whether to have a threat abatement plan
- 270B Making or adopting a threat abatement plan
- 271 Content of threat abatement plans
- 272 Eradication of non - native species
- 273 Ensuring plans are in force
- 274 Scientific Committee to advise on plans
- 275 Consultation on plans
- 276 Consideration of comments
- 277 Adoption of State plans
- 278 Publication of plans
- 279 Variation of plans by the Minister
- 280 Variation by a State or Territory of joint plans and plans adopted by the Minister
- 281 Commonwealth assistance
- 282 Scientific Committee to advise on assistance
- 283 Plans may cover more than one species etc.
- 283A Revoking a plan
- 284 Reports on preparation and implementation of plans Subdivision B--Wildlife conservation plans
- 285 Wildlife conservation plans
- 286 Acting in accordance with wildlife conservation plans
- 287 Content of wildlife conservation plans
- 288 Eradication of non - native species
- 289 Scientific Committee to advise on scheduling of plans
- 290 Consultation on plans
- 291 Consideration of comments
- 292 Adoption of State plans
- 293 Publication, review and variation of plans
- 294 Variation of plans by the Minister
- 295 Variation by a State or Territory of joint plans and plans adopted by the Minister
- 296 Commonwealth assistance
- 297 Plans may cover more than one species etc.
- 298 Reports on preparation and implementation of plans Subdivision C--Miscellaneous
- 299 Wildlife conservation plans cease to have effect
- 300 Document may contain more than one plan
- 300A State and Territory laws not affected
- 300B Assistance from the Scientific Committee
Division 6--Access to biological resources
- 301 Control of access to biological resources
Division 6A--Control of non-native species
- 301A Regulations for control of non - native species
Division 7--Aid for conservation of species in foreign countries
Division 8--Miscellaneous
- 303 Regulations
- 303A Exemptions from this Part
- 303AA Conditions relating to accreditation of plans, regimes and policies
- 303AB Amended policies, regimes or plans taken to be accredited
PART 13A--INTERNATIONAL--MOVEMENT OF WILDLIFE SPECIMENS
Division 1--Introduction
- 303BA Objects of Part
- 303BAA Certain indigenous rights not affected
- 303BB Simplified outline
- 303BC Definitions
Division 2--CITES species
Subdivision A--CITES species and CITES specimens- 303CA Listing of CITES species
- 303CB Stricter domestic measures Subdivision B--Offences and permit system
- 303CC Exports of CITES specimens
- 303CD Imports of CITES specimens
- 303CE Applications for permits
- 303CF Further information
- 303CG Minister may issue permits
- 303CH Specific conditions relating to the export or import of CITES specimens for commercial purposes
- 303CI Time limit for making permit decision
- 303CJ Duration of permits
- 303CK Register of applications and decisions Subdivision C--Application of CITES
- 303CL Application of CITES--Management Authority and Scientific Authority
- 303CM Interpretation of CITES provisions
- 303CN Resolutions of the Conference of the Parties to CITES
Division 3--Exports of regulated native specimens
Subdivision A--Regulated native specimens- 303DA Regulated native specimens
- 303DB Listing of exempt native specimens
- 303DC Minister may amend list Subdivision B--Offence and permit system
- 303DD Exports of regulated native specimens
- 303DE Applications for permits
- 303DF Further information
- 303DG Minister may issue permits
- 303DH Time limit for making permit decision
- 303DI Duration of permits
- 303DJ Register of applications and decisions
Division 4--Imports of regulated live specimens
Subdivision A--Regulated live specimens- 303EA Regulated live specimens
- 303EB Listing of specimens suitable for live import
- 303EC Minister may amend list Subdivision B--Assessments relating to the amendment of the list of specimens suitable for import
- 303ED Amendment of list on the Minister's own initiative
- 303EE Application for amendment of list
- 303EF Requirement for assessments
- 303EG Timing of decision about proposed amendment
- 303EH Requesting further information
- 303EI Notice of refusal of proposed amendment
- 303EJ Reviews Subdivision C--Offence and permit system
- 303EK Imports of regulated live specimens
- 303EL Applications for permits
- 303EM Further information
- 303EN Minister may issue permits
- 303EO Time limit for making permit decision
- 303EP Duration of permits
- 303EQ Register of applications and decisions Subdivision D--Marking of certain specimens for the purposes of identification
- 303ER Object
- 303ES Specimens to which Subdivision applies
- 303ET Extended meaning of marking
- 303EU Secretary may make determinations about marking of specimens
- 303EV Offences
- 303EW This Subdivision does not limit conditions of permits
Division 5--Concepts relating to permit criteria
Subdivision A--Non-commercial purpose exports and imports- 303FA Eligible non - commercial purpose exports
- 303FB Eligible non - commercial purpose imports
- 303FC Export or import for the purposes of research
- 303FD Export or import for the purposes of education
- 303FE Export or import for the purposes of exhibition
- 303FF Export or import for conservation breeding or propagation
- 303FG Export or import of household pets
- 303FH Export or import of personal items
- 303FI Export or import for the purposes of a travelling exhibition Subdivision B--Commercial purpose exports and imports
- 303FJ Eligible commercial purpose exports
- 303FK Export or import from an approved captive breeding program
- 303FL Export from an approved artificial propagation program
- 303FLA Export from an approved cultivation program
- 303FM Export from an approved aquaculture program
- 303FN Approved wildlife trade operation
- 303FO Approved wildlife trade management plan
- 303FP Accredited wildlife trade management plan
- 303FQ Consultation with State and Territory agencies
- 303FR Public consultation
- 303FRA Assessments
- 303FS Register of declarations
- 303FT Additional provisions relating to declarations
- 303FU Approved commercial import program
Division 6--Miscellaneous
- 303GA Permit decision--controlled action, and action for which a non - Part 13A permit is required
- 303GB Exceptional circumstances permit
- 303GC Permit authorising the Secretary to export or import specimens
- 303GD Testing permit--section 303EE assessments
- 303GE Conditions of permits
- 303GF Contravening conditions of a permit
- 303GG Authorities under permits
- 303GH Transfer of permits
- 303GI Suspension or cancellation of permits
- 303GJ Review of decisions
- 303GK Permit to be produced
- 303GL Pre - CITES certificate to be produced
- 303GM Fees
- 303GN Possession of illegally imported specimens
- 303GO Regulations relating to welfare
- 303GP Cruelty--export or import of animals
- 303GQ Imports of specimens contrary to the laws of a foreign country
- 303GR Evidence
- 303GS Evidence of examiner
- 303GT Protection of witness
- 303GU Forms and declarations--persons arriving in Australia or an external Territory
- 303GV Saving of other laws
- 303GW Part not to apply to certain specimens
- 303GX Part not to apply to certain specimens used by traditional inhabitants
- 303GY When a specimen is lawfully imported
PART 14--CONSERVATION--AGREEMENTS
- 304 Object of this Part
- 305 Minister may enter into conservation agreements
- 306 Content of conservation agreements
- 306A Conservation agreement may include declaration that actions do not need approval under Part 9
- 307 Conservation agreements to be legally binding
- 307A Conservation agreements may deal with remediation or mitigation measures
- 308 Variation and termination of conservation agreements
- 309 Publication of conservation agreements
- 310 List of conservation agreements
- 311 Commonwealth, State and Territory laws
- 312 Minister must not give preference
PART 15--PROTECTED--AREAS
Division 1--Managing World Heritage properties
Subdivision A--Simplified outline of this Division- 313 Simplified outline of this Division Subdivision B--Seeking agreement on World Heritage listing
- 314 Special provisions relating to World Heritage nominations Subdivision C--Notice of submission of property for listing
- 315 Minister must give notice of submission of property for listing etc. Subdivision D--Plans for listed World Heritage properties in Commonwealth areas
- 316 Making plans
- 317 Notice of plans
- 318 Commonwealth compliance with plans
- 319 Review of plans every 5 years Subdivision E--Managing World Heritage properties in States and self-governing Territories
- 320 Application
- 321 Co - operating to prepare and implement plans
- 322 Commonwealth responsibilities Subdivision F--Australian World Heritage management principles
- 323 Australian World Heritage management principles Subdivision G--Assistance for protecting World Heritage properties
- 324 Commonwealth assistance for protecting declared World Heritage properties
Division 1A--Managing National Heritage places
Subdivision A--Preliminary- 324A Simplified outline of this Division Subdivision B--The National Heritage List
- 324C The National Heritage List
- 324D Meaning of National Heritage values Subdivision BA--Inclusion of places in the National Heritage List: usual process
- 324E Simplified outline
- 324F Definitions
- 324G Meaning of assessment period
- 324H Minister may determine heritage themes for an assessment period
- 324J Minister to invite nominations for each assessment period
- 324JA Minister to give nominations to Australian Heritage Council
- 324JB Australian Heritage Council to prepare proposed priority assessment list
- 324JC Matters to be included in proposed priority assessment list
- 324JD Statement to be given to Minister with proposed priority assessment list
- 324JE The finalised priority assessment list
- 324JF Publication of finalised priority assessment list
- 324JG Australian Heritage Council to invite comments on places in finalised priority assessment list
- 324JH Australian Heritage Council to assess places on finalised priority assessment list and give assessments to Minister
- 324JI Time by which assessments to be provided to Minister
- 324JJ Decision about inclusion of a place in the National Heritage List Subdivision BB--Inclusion of places in the National Heritage List: emergency process
- 324JK Simplified outline
- 324JL Minister may include place in National Heritage List if under threat
- 324JM Minister to ask Australian Heritage Council for assessment
- 324JN Publication of listing of place and inviting comments
- 324JO Australian Heritage Council to assess place and give assessment to Minister
- 324JP Time by which assessments to be provided to Minister
- 324JQ Decision about place remaining in the National Heritage List Subdivision BC--Other provisions relating to the National Heritage List
- 324JR Co - ordination with Scientific Committee--Council undertaking assessment
- 324JS Co - ordination with Scientific Committee--Council given assessment to Minister
- 324K Listing process not affected by changing boundaries of a place
- 324L Removal of places or National Heritage values from the National Heritage List
- 324M Minister must consider advice of the Australian Heritage Council and public comments
- 324N Specifying one or more additional National Heritage values for a National Heritage place
- 324P National Heritage List must be publicly available
- 324Q Certain information may be kept confidential
- 324R Disclosure of Australian Heritage Council's assessments and advice Subdivision C--Management plans for National Heritage places in Commonwealth areas
- 324S Management plans for National Heritage places in Commonwealth areas
- 324T Restriction on ability to make plans
- 324U Compliance with plans by the Commonwealth and Commonwealth agencies
- 324V Multiple plans in the same document
- 324W Review of plans at least every 5 years Subdivision D--Management of National Heritage places in States and self-governing Territories
- 324X Plans and Commonwealth responsibilities Subdivision E--The National Heritage management principles
- 324Y National Heritage management principles Subdivision F--Obligations of Commonwealth agencies
- 324Z Obligation to assist the Minister and the Australian Heritage Council
- 324ZA Protecting National Heritage values of places sold or leased Subdivision G--Assistance for protecting National Heritage places
- 324ZB Commonwealth assistance for protecting National Heritage places Subdivision H--Reviewing and reporting on the National Heritage List
- 324ZC Reviewing and reporting on the National Heritage List
Division 2--Managing wetlands of international importance
Subdivision A--Simplified outline of this Division- 325 Simplified outline of this Division Subdivision B--Seeking agreement on Ramsar designation
- 326 Commonwealth must seek agreement before designation Subdivision C--Notice of designation of wetland
- 327 Minister must give notice of designation of wetland etc. Subdivision D--Plans for listed wetlands in Commonwealth areas
- 328 Making plans
- 329 Notice of plans
- 330 Commonwealth compliance with plans
- 331 Review of plans every 5 years Subdivision E--Management of wetlands in States and self-governing Territories
- 332 Application
- 333 Co - operating to prepare and implement plans
- 334 Commonwealth responsibilities Subdivision F--Australian Ramsar management principles
- 335 Australian Ramsar management principles Subdivision G--Assistance for protecting wetlands
- 336 Commonwealth assistance for protecting declared Ramsar wetlands
Division 3--Managing Biosphere reserves
- 337 Definition of Biosphere reserve
- 338 Planning for management of Biosphere reserves
- 339 Commonwealth activities in Biosphere reserves
- 340 Australian Biosphere reserve management principles
- 341 Commonwealth assistance for protecting Biosphere reserves
Division 3A--Managing Commonwealth Heritage places
Subdivision A--Preliminary- 341A Simplified outline of this Division
- 341B Extension to places etc. outside the Australian jurisdiction Subdivision B--The Commonwealth Heritage List
- 341C The Commonwealth Heritage List
- 341D Meaning of Commonwealth Heritage values Subdivision BA--Inclusion of places in the Commonwealth Heritage List: usual process
- 341E Simplified outline
- 341F Definitions
- 341G Meaning of assessment period
- 341H Minister to invite nominations for each assessment period
- 341J Minister to give nominations to Australian Heritage Council
- 341JA Australian Heritage Council to prepare proposed priority assessment list
- 341JB Matters to be included in proposed priority assessment list
- 341JC Statement to be given to Minister with proposed priority assessment list
- 341JD The finalised priority assessment list
- 341JE Publication of finalised priority assessment list
- 341JF Australian Heritage Council to invite comments on places in finalised priority assessment list
- 341JG Australian Heritage Council to assess places on finalised priority assessment list and give assessments to Minister
- 341JH Time by which assessments to be provided to Minister
- 341JI Decision about inclusion of a place in the Commonwealth Heritage List Subdivision BB--Inclusion of places in the Commonwealth Heritage List: emergency process
- 341JJ Simplified outline
- 341JK Minister may include place in Commonwealth Heritage List if under threat
- 341JL Minister to ask Australian Heritage Council for assessment
- 341JM Publication of listing of place and inviting comments
- 341JN Australian Heritage Council to assess place and give assessment to Minister
- 341JO Time by which assessments to be provided to Minister
- 341JP Decision about place remaining in the Commonwealth Heritage List Subdivision BC--Other provisions relating to the Commonwealth Heritage List
- 341JQ Co - ordination with Scientific Committee--Council undertaking assessment
- 341JR Co - ordination with Scientific Committee--Council given assessment to Minister
- 341K Listing process not affected by changing boundaries of a place
- 341L Removal of places or Commonwealth Heritage values from the Commonwealth Heritage List
- 341M Minister must consider advice of the Australian Heritage Council and public comments
- 341N Specifying one or more additional Commonwealth Heritage values for a Commonwealth Heritage place
- 341P Commonwealth Heritage List must be publicly available
- 341Q Certain information may be kept confidential
- 341R Disclosure of Australian Heritage Council's assessments and advice Subdivision C--Management plans for Commonwealth Heritage places
- 341S Management plans for Commonwealth Heritage places
- 341T Endorsing management plans for Commonwealth Heritage places
- 341U Restriction on ability to make plans
- 341V Compliance with plans by the Commonwealth and Commonwealth agencies
- 341W Multiple plans in the same document
- 341X Review of plans at least every 5 years Subdivision D--The Commonwealth Heritage management principles
- 341Y Commonwealth Heritage management principles Subdivision E--Obligations of Commonwealth agencies
- 341Z Obligation to assist the Minister and the Australian Heritage Council
- 341ZA Heritage strategies
- 341ZB Heritage assessments and registers
- 341ZC Minimising adverse impact on heritage values
- 341ZE Protecting Commonwealth Heritage values of places sold or leased Subdivision G--Assistance for protecting Commonwealth Heritage places
- 341ZG Commonwealth assistance for protecting Commonwealth Heritage places Subdivision H--Reviewing and reporting on the Commonwealth Heritage List
- 341ZH Reviewing and reporting on the Commonwealth Heritage List
Division 4--Commonwealth reserves
Subdivision A--Simplified outline of this Division- 342 Simplified outline of this Division Subdivision B--Declaring and revoking Commonwealth reserves
- 343 Simplified outline of this Subdivision
- 344 Declaring Commonwealth reserves
- 345 Extent of Commonwealth reserve
- 345A Commonwealth usage rights vest in Director
- 346 Content of Proclamation declaring Commonwealth reserve
- 347 Assigning Commonwealth reserves and zones to IUCN categories
- 348 Australian IUCN reserve management principles
- 350 Revocation and alteration of Commonwealth reserves
- 351 Report before making Proclamation
- 352 What happens to Director's usage rights when Commonwealth reserve is revoked Subdivision C--Activities in Commonwealth reserves
- 353 Simplified outline of this Subdivision
- 354 Activities that may be carried on only under management plan
- 354A Offences relating to activities that may only be carried on under management plan
- 355 Limits on mining operations in Commonwealth reserves
- 355A Offence relating to mining operations
- 356 Regulations controlling activities relating to Commonwealth reserves
- 356A Charges for activities in Commonwealth reserves
- 357 Managing Commonwealth reserves while a management plan is not in operation
- 358 Restriction on disposal of Director's interests in Commonwealth reserves
- 359 Prior usage rights relating to Commonwealth reserves continue to have effect
- 359A Traditional use of Commonwealth reserves by indigenous persons
- 359B Director's approval of actions and mining operations when a management plan is not in operation Subdivision D--Complying with management plans for Commonwealth reserves
- 361 Simplified outline of this Subdivision
- 362 Commonwealth and Commonwealth agencies to comply with management plan for Commonwealth reserve
- 363 Resolving disagreement between land council and Director over implementation of plan
- 364 Resolving disagreement between Director and Board over implementation of plan Subdivision E--Approving management plans for Commonwealth reserves
- 365 Simplified outline of this Subdivision
- 366 Obligation to prepare management plans for Commonwealth reserves
- 367 Content of a management plan for a Commonwealth reserve
- 368 Steps in preparing management plans for Commonwealth reserves
- 369 Resolving disagreements between Director and Board in planning process
- 370 Approval of management plans for Commonwealth reserves
- 371 Approved management plans are legislative instruments
- 372 Amendment and revocation of management plans for Commonwealth reserves
- 373 Expiry of management plans for Commonwealth reserves Subdivision F--Boards for Commonwealth reserves on indigenous people's land
- 374 Simplified outline of this Subdivision
- 375 Application
- 376 Functions of a Board for a Commonwealth reserve
- 377 Minister must establish Board if land council or traditional owners agree
- 378 Altering the constitution of a Board or abolishing a Board
- 379 Appointment of Board members
- 379A Fit and proper person
- 380 Terms and conditions
- 381 Remuneration
- 382 Termination of appointments of Board members
- 383 Procedure of a Board Subdivision G--Special rules for some Commonwealth reserves in the Northern Territory or Jervis Bay Territory
- 384 Simplified outline of this Subdivision
- 385 Activities in Commonwealth reserve without management plan
- 386 What are the Kakadu region and the Uluru region ?
- 387 No mining operations in Kakadu National Park
- 388 Establishment and development of townships in the Kakadu region and Uluru region
- 389 Planning for townships
- 390 Special rules to protect Aboriginal interests in planning process
- 390A Appointment of Northern Territory nominee to Board
Division 5--Conservation zones
- 390B Simplified outline of this Division
- 390C Object of this Division
- 390D Proclamation of conservation zones
- 390E Regulating activities generally
- 390F Charges for activities in conservation zones
- 390G Other laws and regulations made for this Division
- 390H Prior usage rights relating to conservation zones continue to have effect
- 390J Revoking and altering conservation zones
CHAPTER 5A--The List of Overseas Places of Historic Significance to Australia
PART 15A--THE--LIST OF OVERSEAS PLACES OF HISTORIC SIGNIFICANCE TO AUSTRALIA
- 390K The List of Overseas Places of Historic Significance to Australia
- 390L Inclusion of places in the List of Overseas Places of Historic Significance to Australia
- 390M Removal of places from the List of Overseas Places of Historic Significance to Australia or variation of statement of historic significance
- 390N Inviting comments from other Ministers before taking action
- 390P Minister may ask Australian Heritage Council for advice etc.
- 390Q List of Overseas Places of Historic Significance to Australia to be publicly available
- 390R Disclosure of Australian Heritage Council's assessments and advice
CHAPTER 5B--Declared commercial fishing activities
PART 15B--DECLARED--COMMERCIAL FISHING ACTIVITIES
Division 1--Prohibition
- 390SA Civil penalty--declared commercial fishing activities
- 390SB Offence--declared commercial fishing activities
Division 2--Declaring a commercial fishing activity
Subdivision A--What is a declared commercial fishing activity?- 390SC What is a declared commercial fishing activity ? Subdivision B--Interim declaration
- 390SD Interim declaration
- 390SE Consultation Subdivision C--Final declaration
- 390SF Final declaration Subdivision D--Revoking declarations
- 390SG Revoking an interim or final declaration
Division 3--Expert panel assessment of declared commercial fishing activity
- 390SH Establishment of expert panel
- 390SI Terms and conditions
- 390SJ Procedure for assessment
- 390SK Timing of the report
- 390SL Publication of the report
Division 4--Sunsetting of this Part
- 390SM Sunsetting of this Part
CHAPTER 6--Administration
PART 16--PRECAUTIONARY--PRINCIPLE AND OTHER CONSIDERATIONS IN MAKING DECISIONS
- 391 Minister must consider precautionary principle in making decisions
PART 17--ENFORCEMENT
Division 1--Wardens, rangers and inspectors
Subdivision A--Wardens and rangers- 392 Appointment of wardens and rangers
- 393 Arrangements for certain officers or employees to exercise powers etc. of wardens or rangers
- 394 Wardens ex officio
- 395 Identity cards Subdivision B--Inspectors
- 396 Appointment of inspectors
- 397 Inspectors ex officio
- 398 Arrangements for State and Territory officers to be inspectors
- 399 Identity cards Subdivision BA--Exercise of powers of authorised officers outside the territorial sea
- 399A Powers to be exercised consistently with UNCLOS Subdivision BB--Exercise of powers of authorised officers in relation to Great Barrier Reef Marine Park
- 399B Certain powers to be exercised only by certain authorised officers Subdivision C--Miscellaneous
- 400 Regulations may give wardens, rangers and inspectors extra powers, functions and duties
- 401 Impersonating authorised officers and rangers
- 402 Offences against authorised officers and rangers
Division 2--Boarding of vessels etc. and access to premises
- 403 Boarding of vessels etc. by authorised officers
- 404 Authorised officers to produce identification
- 405 Access to premises
- 406 Powers of authorised officers
- 406A Searches under paragraph 406(1)(ba)
- 406AA Taking things into possession
- 406B Thing taken into possession is not a thing seized
Division 3--Monitoring of compliance
- 407 Monitoring powers
- 407A Operation of electronic equipment at premises
- 407B Compensation for damage to electronic equipment
- 408 Monitoring searches with occupier's consent
- 409 Monitoring warrants
- 409A Monitoring warrants by telephone or other electronic means
- 409B Executing officer to be in possession of warrant
- 410 Details of monitoring warrant to be given to occupier etc.
- 411 Occupier entitled to be present during search
- 412 Announcement before entry
- 412A Other powers when on premises under monitoring warrant
Division 4--Search warrants
- 413 When search warrants can be issued
- 414 Statements in warrants
- 415 Powers of magistrate
- 416 Warrants by telephone or other electronic means
- 417 The things that are authorised by a search warrant
- 418 Availability of assistance, and use of force, in executing a warrant
- 418A Executing officer to be in possession of warrant
- 419 Details of warrant to be given to occupier etc.
- 420 Specific powers available to person executing warrant
- 421 Use of equipment to examine or process things
- 422 Use of electronic equipment at premises
- 423 Compensation for damage to electronic equipment
- 424 Copies of seized things to be provided
- 425 Occupier entitled to be present during search
- 426 Receipts for things seized under warrant
- 427 Restrictions on personal searches
- 428 When a thing is in the possession of a person
Division 6--Arrest and related matters
- 430 Powers of arrest
- 431 Power to conduct a frisk search of an arrested person
- 432 Power to conduct an ordinary search of an arrested person
- 433 Power to conduct search of arrested person's premises
- 433A Interaction of this Division with Schedule 1
Division 6A--Provisions relating to detention of suspected foreign offenders
- 433B Provisions relating to detention of suspected foreign offenders
Division 7--Miscellaneous provisions about searches, entry to premises, warrants etc.
- 434 Conduct of ordinary searches and frisk searches
- 435 Announcement before entry
- 436 Offence of making false statements in warrants
- 437 Offences relating to telephone warrants
- 438 Retention of things seized under Division 4 or 6
- 440 Law relating to legal professional privilege not affected
- 441 Other laws about search, arrest etc. not affected
- 442 Persons to assist authorised officers
Division 8--Power to search goods, baggage etc.
Division 8A--Power to ask questions about specimens
- 443A Authorised officer may ask questions about the nature or origin of specimens
Division 9--Power to ask for names and addresses
- 444 Authorised person may ask for person's name and address
Division 10--Seizure and forfeiture etc.
Subdivision AA--Seizure of specimens involved in a contravention of Part 13A- 444A Seizure of specimens involved in a contravention of Part 13A
- 444B Notice about seizure
- 444C Applications for return of specimen
- 444D Court action for return of specimen
- 444E Consignment of specimen with consent of owner
- 444G Retention of specimen
- 444H Forfeiture of specimen after end of retention period Subdivision AB--Seizure of things (other than specimens involved in a contravention of Part 13A)
- 445 Seizure of things (other than specimens involved in a contravention of Part 13A)
- 446 Retention of things seized under this Subdivision Subdivision AC--Direction to deliver seizable items
- 447 Direction to deliver seizable items Subdivision B--Disposal of seized items
- 449 Immediate disposal of seized items
- 449A Disposal of seized items if Secretary cannot locate or identify person entitled etc. Subdivision BA--Release of seized items to owner etc.
- 449BA Release of seized items to owner etc.
- 449BB How this Part applies in relation to things released conditionally Subdivision C--Forfeiture of seized items
- 450 Court - ordered forfeiture: order by court dealing with offence proceedings
- 450A Court - ordered forfeiture: other situations
- 450B Forfeiture of seized items by consent etc.
- 451 Dealings in forfeited items
- 452 Delivery of forfeited items to the Commonwealth Subdivision F--Keeping of organisms or specimens that have been seized
- 453 Keeping of organisms or specimens retained under this Part
- 454 Recovery of costs of storing or keeping organisms or specimens Subdivision G--Rescuing things
- 455 Rescuing things
- 456 Breaking or destroying things or documents to prevent seizure etc. Subdivision H--Seizure of cages or containers
- 456AA Power to seize cages or containers containing seizable things
- 456AB Retention of seized cage or container
- 456AC Retention of non - seizable things contained in seized cages or containers
Division 12--Environmental audits
- 458 Directed environmental audits
- 459 Appointment of auditor and carrying out of audit
- 460 Nature of directed environmental audit
- 461 Audit reports
- 462 Directed environmental audits do not affect other audit obligations
Division 13--Conservation orders
Subdivision A--Simplified outline- 463 Simplified outline of this Division Subdivision B--Making and reviewing conservation orders
- 464 Minister may make conservation orders
- 465 Duration of conservation orders
- 466 Reviews of conservation orders
- 467 Publication of conservation orders
- 468 Application for reconsideration of conservation orders or decisions on review
- 469 Reconsideration of conservation orders and decisions on review Subdivision C--Complying with conservation orders
- 470 Contravening conservation orders is an offence
- 471 Minister to consider proposed actions etc.
- 472 Contents of notices of advice
- 473 Review by the Administrative Appeals Tribunal
- 474 Assistance in complying with conservation orders
Division 14--Injunctions
- 475 Injunctions for contravention of the Act
- 476 Injunctions for contraventions of conservation agreements
- 477 Discharge of injunctions
- 479 Certain considerations for granting injunctions not relevant
- 480 Powers conferred are in addition to other powers of the Court
Division 14A--Federal Court's power to make remediation orders
- 480A Remediation orders
- 480B Discharge of remediation orders
- 480C Powers conferred are in addition to other powers of the Court
Division 14B--Minister's power to make remediation determinations
Subdivision A--Making of remediation determinations- 480D Minister may make remediation determination
- 480E Contents of a remediation determination
- 480F Notifying owners and occupiers of land of proposed remediation determination
- 480G Notifying that remediation determination has been made
- 480H Duration of remediation determinations
- 480J Ministerial reconsideration of remediation determinations Subdivision B--Federal Court may set aside remediation determination
- 480K Applying to Federal Court to have remediation determination set aside Subdivision C--Complying with remediation determinations
- 480L Federal Court may order compliance with remediation determination
- 480M Civil penalty for contravention of remediation determination Subdivision D--Variation or revocation of remediation determinations
- 480N Variation or revocation of remediation determination
Division 15--Civil penalties
Subdivision A--Obtaining an order for a civil penalty- 481 Federal Court may order person to pay pecuniary penalty for contravening civil penalty provision
- 482 What is a civil penalty provision ?
- 483 Contravening a civil penalty provision is not an offence
- 484 Persons involved in contravening civil penalty provision
- 485 Recovery of a pecuniary penalty Subdivision B--Civil penalty proceedings and criminal proceedings
- 486A Civil proceedings after criminal proceedings
- 486B Criminal proceedings during civil proceedings
- 486C Criminal proceedings after civil proceedings
- 486D Evidence given in proceedings for penalty not admissible in criminal proceedings Subdivision C--Enforceable undertakings relating to contraventions of Part 3 civil penalty provisions
- 486DA Acceptance of undertakings relating to contraventions of Part 3 civil penalty provisions
- 486DB Enforcement of undertakings
Division 15A--Notices to produce or attend
- 486E Application of Division
- 486F Minister may require person to provide information etc.
- 486G Minister may require person to appear before Minister
- 486H Persons to whom notices may not be given
- 486J Self - incrimination
Division 16--Review of administrative decisions
- 487 Extended standing for judicial review
- 488 Applications on behalf of unincorporated organisations
Division 17--Duty to provide accurate information
- 489 Providing false or misleading information to obtain approval or permit
- 490 Providing false or misleading information in response to a condition on an approval or permit
- 491 Providing false or misleading information to authorised officer etc.
Division 18--Liability of executive officers for corporations
- 493 Who is an executive officer of a body corporate?
- 494 Civil penalties for executive officers of bodies corporate
- 495 Criminal liability of executive officers of bodies corporate
- 496 Did an executive officer take reasonable steps to prevent contravention?
Division 18A--Liability of landholders for other people's actions
- 496A Who is a landholder ?
- 496B Civil penalties for landholders
- 496C Criminal liability of landholders
- 496D Did a landholder take reasonable steps to prevent a contravention?
Division 19--Infringement notices
- 497 Infringement notices
Division 20--Publicising contraventions
Division 21--Immunity of officers
- 498A Immunity of officers and assistants
Division 22--Conduct of directors, employees and agents
PART 18--REMEDYING--ENVIRONMENTAL DAMAGE
- 499 Commonwealth powers to remedy environmental damage
- 500 Liability for loss or damage caused by contravention
- 501 Other powers not affected
PART 19--ORGANISATIONS
Division 1--Establishment and functions of the Threatened Species Scientific Committee
Division 2A--Indigenous Advisory Committee
Division 2B--Establishment and functions of the Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development
Division 3--Members and procedures of Committees
- 506 Application
- 507 Terms and conditions
- 508 Remuneration
- 509 Termination of appointments of Committee members
- 510 Procedure of a Committee
Division 4--Advisory committees
- 511 Minister may establish advisory committees
- 512 Appointments
- 513 Members of advisory committees
- 514 Committee procedure
Division 5--Director of National Parks
Subdivision A--Establishment, functions and powers- 514A Continuation
- 514B Functions
- 514C Powers
- 514D Requirements relating to functions and powers Subdivision B--Constitution of Director of National Parks
- 514E Constitution
- 514F Appointment
- 514G Acting appointments Subdivision C--Terms and conditions of appointment
- 514H Term of office
- 514J Remuneration
- 514K Outside employment
- 514M Leave of absence
- 514N Resignation
- 514P Termination
- 514Q Other terms and conditions Subdivision D--Australian National Parks Fund
- 514R Australian National Parks Fund
- 514S Payments to Australian National Parks Fund
- 514T Application of money Subdivision E--Accountability
- 514U Application of Public Governance, Performance and Accountability Act 2013
- 514V Extra matters to be included in annual report Subdivision F--Miscellaneous
- 514W Exemption from taxation
- 514X Changes in office of Director
PART 19A--RECONSIDERATION--OF FEES
- 514Y Applications for reconsideration of fee
- 514YA Reconsideration of fee
- 514YB Deadline for reconsideration
PART 20--DELEGATION
- 515 Delegation
- 515AA Delegation by Minister in relation to Great Barrier Reef Marine Park
- 515AB Delegation by Secretary in relation to Great Barrier Reef Marine Park
PART 20A--PUBLICATION--OF INFORMATION ON THE INTERNET
- 515A Publication of information on the internet
PART 21--REPORTING
Division 1--Annual reports
- 516 Annual report on operation of Act
- 516A Annual reports to deal with environmental matters
Division 2--State of the environment reports
- 516B State of the environment reports
CHAPTER 7--Miscellaneous
PART 22--MISCELLANEOUS
- 517 Determinations of species
- 517A Exemption for activities that might harm particular species introduced into particular areas
- 518 Non - compliance with time limits
- 519 Compensation for acquisition of property
- 520 Regulations
- 520A Statements about the application of the Act
- 521 Fees and charges must not be taxes
- 521A Time does not run if all or part of fee remains unpaid
- 522 Financial assistance etc. to be paid out of appropriated money
- 522A Review of operation of Act
CHAPTER 8--Definitions
PART 23--DEFINITIONS
Division 1--Some definitions relating to particular topics
Subdivision A--Actions- 523 Actions
- 524 Things that are not actions
- 524A Provision of grant funding is not an action Subdivision B--Areas
- 525 Commonwealth areas Subdivision C--Entities
- 526 Subsidiaries of bodies corporate Subdivision D--Criminal law
- 527 Convictions Subdivision E--Specimens
- 527A Specimens
- 527B Breeding in captivity
- 527C Artificial propagation
- 527D Things represented to be CITES specimens Subdivision F--Impacts
- 527E Meaning of impact