Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Definitions
In this Schedule:
amending Schedule means Schedule 1 to this Act.
EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999 .
Part 2 -- Provisions relating to assessments and approvals
2 Definitions
In this Division:
amended EPBC Act means the EPBC Act as in force after the commencement time.
commencement time means the commencement of item 185 of the amending Schedule.
old EPBC Act means the EPBC Act as in force before the commencement time.
3 Actions referred under Division 1 of Part 7 before the commencement time--general
(1) This item applies in relation to a proposal by a person to take an action that was referred to the Minister under Division 1 of Part 7 of the EPBC Act before the commencement time, but only if the Minister had not, before that time, decided under section 133 of the EPBC Act to approve or refuse to approve the taking of the action.
(2) The amendments of Parts 7 and 8 and Division 1 of Part 9 of the EPBC Act made by the following items of the amending Schedule apply in relation to the action:
(a) item 178;
(b) item 179;
(c) item 188;
(d) item 189;
(e) item 194;
(f) item 201;
(g) item 202;
(h) item 255;
(i) item 256;
(j) item 257;
(k) item 258;
(l) item 260;
(m) item 261;
(n) item 264;
(o) item 265;
(p) item 266;
(q) item 267;
(r) item 268;
(s) item 269;
(t) item 270;
(u) item 271;
(v) item 272;
(w) item 273;
(x) item 274;
(y) item 275;
(z) item 276;
(za) item 277;
(zb) item 285.
(3) Subject to item 4:
(a) the other amendments of Part 7 (other than the amendments of that Part made by items 172 and 173), Part 8 and Division 1 of Part 9 of the EPBC Act made by the amending Schedule; and
(b) the amendments of section 170A of the EPBC Act made by the amending Schedule;
do not apply in relation to the action.
(4) The amendments of Parts 9 and 11 (other than amendments to which subitem (2) or (3) applies) of the EPBC Act made by the amending Schedule apply in relation to the action.
4 Minister may determine that particular amendments of the EPBC Act are to apply to an action referred under Division 1 of Part 7 before the commencement time
(1) This item applies in relation to a proposal by a person to take an action that was referred to the Minister under Division 1 of Part 7 of the EPBC Act before the commencement time, but only if the Minister had not, before that time, decided under section 87 of the EPBC Act on the approach to be used for assessment of the relevant impacts of the action.
(2) The Minister may determine, in writing, that some or all of the amendments of the EPBC Act to which subitem 3(3) applies are to apply in relation to a particular action to which this item applies, subject to such modifications of Part 7 and Division 3 of Part 8 of the EPBC Act as are specified in the determination. However, the determination must not:
(a) increase, or have the effect of increasing, the maximum penalty for any offence; or
(b) widen, or have the effect of widening, the scope of any offence.
(3) Before making a determination under subitem (2) in relation to a particular action, the Minister (the Environment Minister ) must inform the following persons that the Environment Minister proposes to make the determination:
(a) the person proposing to take the action;
(b) the designated proponent of the action (if a person has been designated as proponent of the action and the person is not the person proposing to take the action);
(c) if the action is to be taken in a State or self - governing Territory and the Environment Minister thinks the action may have an impact on a matter protected by a provision of Division 1 of Part 3 of the amended EPBC Act (about matters of national environmental significance)--the appropriate Minister of the State or Territory.
(4) A determination made under subitem (2) is a legislative instrument, but section 42 of the Legislative Instruments Act 2003 does not apply to the determination.
(5) In this item:
modifications includes omissions, additions and substitutions.
5 Proposals to authorise actions referred under section 161 before the commencement time--assessment approach decision made
(1) This item applies in relation to an action described in subsection 160(2) of the EPBC Act that a Commonwealth agency or employee of the Commonwealth proposes to authorise if:
(a) the proposal to give the authorisation was referred to the Minister under section 161 of the EPBC Act before the commencement time; and
(b) before that time, the Minister:
(i) had decided under section 87 of the EPBC Act (as applied by section 162 of that Act) on the approach to be used for assessment of the impact that the action has, will have, or is likely to have on the environment; but
(ii) had not given advice about the proposal to give the authorisation of the action under section 163 of the EPBC Act.
(2) The amendments of Part 8, Subdivision A of Division 4 of Part 11 and section 170A of the EPBC Act made by the amending Schedule do not apply in relation to the action.
6 Proposals to authorise actions referred under section 161 before the commencement time--assessment approach decision not made
(1) This item applies in relation to an action described in subsection 160(2) of the EPBC Act that a Commonwealth agency or employee of the Commonwealth proposes to authorise if:
(a) the proposal to give the authorisation was referred to the Minister under section 161 of the EPBC Act before the commencement time; and
(b) the Minister had not, before that time, decided under section 87 of the EPBC Act (as applied by section 162 of that Act) on the approach to be used for assessment of the impact that the action has, will have, or is likely to have on the environment.
(2) The amendments of Part 8, Subdivision A of Division 4 of Part 11 and section 170A of the EPBC Act made by the amending Schedule apply in relation to the action.
7 Actions to which an agreement made under section 167 before the commencement time relates
(1) This item applies in relation to an action that is the subject of an agreement that was made under section 167 of the EPBC Act before the commencement time.
(2) The amendments of Part 8, Division 1 of Part 10, Subdivision C of Division 4 of Part 11 and section 170A of the EPBC Act made by the amending Schedule do not apply in relation to the action or the agreement.
8 Saving regulations
(1) Regulations made for the purposes of paragraph 93(1)(a) of the old EPBC Act continue in force after the commencement time as if they had been made for the purposes of subsections 95(2) and 95A(3) of the amended EPBC Act.
(2) Regulations made for the purposes of subsection 99(4) of the old EPBC Act continue in force after the commencement time as if they had been made for the purposes of subsection 99(4) of the amended EPBC Act.
(3) Regulations made for the purposes of subsection 104(4) of the old EPBC Act continue in force after the commencement time as if they had been made for the purposes of subsection 104(4) of the amended EPBC Act.
(4) Subitems (1), (2) and (3) do not prevent amendment or repeal of the regulations referred to in those subitems.
9 Application of amendments made by items 68 etc.
The amendments made by items 68, 84, 172, 173, 783 and 814 of the amending Schedule apply to actions taken after the commencement of those items.
10 Application of amendments made by items 123 etc.
The amendments made by items 123, 124, 125, 126, 127, 128, 129, 130, 809 and 831 of the amending Schedule apply to actions taken after the commencement of those items.
11 Application of amendments made by items 109 and 110
The amendments made by items 109 and 110 of the amending Schedule apply in relation to a management arrangement or an authorisation process that is laid before each House of the Parliament under section 33 of the EPBC Act after the commencement of those items.
12 Application of amendments made by items 144 and 145
The amendments made by items 144 and 145 of the amending Schedule apply in relation to a management arrangement or an authorisation process that is laid before each House of the Parliament under section 46 of the EPBC Act after the commencement of those items.
13 Saving of accredited management plans
(1) If, immediately before the commencement of item 93 of the amending Schedule, a management plan is an accredited management plan under section 33 of the EPBC Act for the purposes of a declaration under that section, then, immediately after the commencement of that item, the accredited management plan is taken to be an accredited management arrangement for the purposes of the EPBC Act as in force after the commencement of that item.
(2) If, immediately before the commencement of item 131 of the amending Schedule, a management plan is a bilaterally accredited management plan under section 46 of the EPBC Act for the purposes of a bilateral agreement under section 45 of that Act, then, after the commencement of that item, the bilaterally accredited management plan is taken to be a bilaterally accredited management arrangement for the purposes of the EPBC Act as in force after the commencement of that item.
Part 3 -- Provisions relating to recovery plans and conservation advice
14 Definitions
In this Part:
amended EPBC Act means the EPBC Act as in force after the commencement time.
commencement time means the commencement of item 471 of the amending Schedule.
Scientific Committee has the same meaning as in the EPBC Act.
15 Listed species or communities for which there are already recovery plans
(1) This item applies in relation to each species and ecological community in relation to which the following paragraphs were satisfied immediately before the commencement time:
(a) the species or community was a listed threatened species or a listed threatened ecological community;
(b) a recovery plan for the species or community had been made and was in force, or had been made but had not yet come into force.
(2) The amended EPBC Act applies in relation to the species or community as if the recovery plan had been made:
(a) immediately after the commencement time under section 269A of the amended EPBC Act; and
(b) pursuant to a decision of the Minister under subsection 269AA(1) of the amended EPBC Act to have a recovery plan for the species or community.
(3) In making a subsequent recovery plan decision, within the meaning of section 269AA of the amended EPBC Act, in relation to the species or community, paragraph 269AA(4)(a) does not apply.
(4) Section 266B of the amended EPBC Act does not apply in relation to the species or community unless and until:
(a) the Minister decides, as mentioned in subsection 269AA(5) of the amended EPBC Act, not to have a recovery plan for the species or community; and
(b) the Scientific Committee gives the Minister information or a statement as required by subitem (5).
(5) If the Minister makes a decision as mentioned in paragraph (4)(a) in relation to the species or community, the Scientific Committee must, within 30 days, give the Minister information or a statement of the kind referred to in paragraph 189(1B)(b) of the amended EPBC Act.
16 Listed species or communities for which there are not already recovery plans
Scientific Committee to give the Minister 2 lists
(1) Within 6 months after the commencement time, the Scientific Committee must prepare and give to the Minister:
(a) a written list (the Recovery Planning Action Commenced List ) of all the species or communities in relation to which the following subparagraphs were satisfied immediately before the commencement time:
(i) the species or community was a listed threatened species or a listed threatened ecological community;
(ii) a recovery plan for the species or community had not yet been made;
(iii) work on the development of a recovery plan for the species or community had started; and
(b) a written list (the Recovery Planning Action Not Commenced List ) of all the species or communities in relation to which the following subparagraphs were satisfied immediately before the commencement time:
(i) the species or community was a listed threatened species or a listed threatened ecological community;
(ii) a recovery plan for the species or community had not yet been made;
(iii) work on the development of a recovery plan for the species or community had not yet started.
Recovery Planning Action Not Commenced List to specify time for provision of material to Minister
(2) The Recovery Planning Action Not Commenced List must specify, for each species or community in the list, the time (the compliance time ) by which the Scientific Committee will give the Minister material of the kind referred to in paragraphs 189(1B)(b) and (c) of the amended EPBC Act.
(3) The Minister may, in writing, direct the Scientific Committee to make a particular change to the compliance time specified in the Recovery Planning Action Not Commenced List in relation to a particular species or community. The Scientific Committee must comply with the direction.
Lists etc. are not legislative instruments
(4) None of the following are legislative instruments:
(a) the Recovery Planning Action Commenced List;
(b) the Recovery Planning Action Not Commenced List;
(c) a direction under subitem (3).
(5) The Minister must publish the Recovery Planning Action Commenced List and the Recovery Planning Action Not Commenced List on the Internet.
17 Species or communities in the Recovery Planning Action Commenced List
(1) This item applies in relation to each species and ecological community included in the Recovery Planning Action Commenced List.
(2) The amended EPBC Act applies in relation to the species or community as if the Minister had, immediately after the commencement time, decided under subsection 269AA(1) of the amended EPBC Act to have a recovery plan for the species or community.
(3) In making a subsequent recovery plan decision, within the meaning of section 269AA of the amended EPBC Act, in relation to the species or community, paragraph 269AA(4)(a) does not apply.
(4) Section 266B of the amended EPBC Act does not apply in relation to the species or community unless and until:
(a) the Minister decides, as mentioned in subsection 269AA(5) of the amended EPBC Act, not to have a recovery plan for the species or community; and
(b) the Scientific Committee gives the Minister information or a statement as required by subitem (5).
(5) If the Minister makes a decision as mentioned in paragraph (4)(a) in relation to the species or community, the Scientific Committee must, within 30 days, give the Minister information or a statement of the kind referred to in paragraph 189(1B)(b) of the amended EPBC Act.
18 Species or communities in the Recovery Planning Action Not Commenced List
(1) This item applies in relation to each species and ecological community included in the Recovery Planning Action Not Commenced List.
(2) The Scientific Committee must give the Minister material referred to in paragraphs 189(1B)(b) and (c) of the amended EPBC Act in relation to the species or community. The material must be given to the Minister by the compliance time specified in the List for the species or community.
(3) Section 266B of the amended EPBC Act does not apply in relation to the species or community until the Scientific Committee gives the Minister the material required by subitem (2) in relation to the species or community.
(4) Subsection 269AA(1) of the amended EPBC Act applies in relation to the species or community as if the reference to 90 days after the species or community becomes listed were instead a reference to 90 days after the Scientific Committee gives the Minister the material required by subitem (2) in relation to the species or community.
Part 4 -- Provisions relating to fisheries
19 Application of amendment made by item 1
The amendment made by item 1 of the amending Schedule applies to fishing activities engaged in after the commencement of that item (whether the relevant plan of management is in force under the Fisheries Management Act 1991 before or after that commencement).
20 Application of amendments made by items 315 and 316
The amendments made by items 315 and 316 of the amending Schedule apply to agreements made under section 146 of the EPBC Act after the commencement of those items.
21 Application of amendment made by item 319
The amendment made by item 319 of the amending Schedule applies to an agreement between Ministers of the kind referred to in subsection 152(1) of the EPBC Act that is made after the commencement of that item.
22 Application of amendment made by item 320
The amendment made by item 320 of the amending Schedule applies to agreements made under section 146 of the EPBC Act after the commencement of that item.
23 Application of amendments made by items 391 etc.
(1) The amendments made by items 391, 416, 449 and 466 of the amending Schedule apply to any plan, regime or policy accredited under section 208A, 222A, 245 or 265 of the EPBC Act after the commencement of those items.
(2) The amendments made by items 391, 416, 449 and 466 of the amending Schedule do not affect the continuity of any accreditation, under section 208A, 222A, 245 or 265 of the EPBC Act, of a plan or regime that occurs before the commencement of those items.
24 Application of amendment made by item 487
The amendment made by item 487 of the amending Schedule applies to any plan, regime or policy, whether the plan, regime or policy was accredited under section 208A, 222A, 245 or 265 of the EPBC Act before or after the commencement of that item.
Part 5 -- Other provisions relating to protected species
25 Application of amendments made by items 181 etc.
The amendments made by items 181, 382, 385, 411, 412, 437, 444, 461, 462 and 467 of the amending Schedule apply in relation to applications made after the commencement of those items.
26 Continued application of Subdivision B of Division 4 of Part 11
Despite the repeal of Subdivision B of Division 4 of Part 11 of the EPBC Act by item 330 of the amending Schedule, that Subdivision continues to apply in relation to an application for a permit under Division 3 of Part 13 of the EPBC Act that was made before the commencement of that item.
27 Inventories prepared under section 172
(1) This item applies to inventories that were prepared under section 172 of the EPBC Act as in force immediately before the commencement of item 349 of the amending Schedule.
(2) The inventories have effect, after the commencement of that item, as if they had been prepared under section 172 of the EPBC Act as amended by that item.
28 Surveys prepared under section 173
(1) This item applies to surveys that were prepared under section 173 of the EPBC Act as in force immediately before the commencement of item 350 of the amending Schedule.
(2) The surveys have effect, after the commencement of that item, as if they had been prepared under section 173 of the EPBC Act as amended by that item.
29 Application of amendments made by items 417 etc.
The amendments made by items 417, 418, 423, 424, 425, 426, 428, 434, 439, 441, 811, 812, 816 and 833 of the amending Schedule apply in relation to actions (however described) taken after the commencement of those items.
30 Application of amendment made by item 420
The amendment made by item 420 of the amending Schedule applies in relation to actions (however described) taken after the commencement of that item.
31 Application of amendments made by items 429 and 440
(1) The amendment made by item 429 of the amending Schedule applies in relation to actions (however described) taken after the commencement of that item.
(2) The amendment made by item 440 of the amending Schedule applies in relation to an application for a permit under section 237 of the EPBC Act that is made after the commencement of that item.
32 Application of amendments made by items 430 and 431
The amendments made by items 430 and 431 of the amending Schedule apply in relation to actions taken after the commencement of those items.
33 Application of amendments made by items 435 and 445
(1) The amendment made by item 435 of the amending Schedule applies in relation to a vessel brought into a port after the commencement of that item.
(2) The amendment made by item 445 of the amending Schedule applies in relation to an application for a permit under section 237 of the EPBC Act that is made after the commencement of that item.
34 Saving regulations
(1) Regulations in force, before the commencement of item 440 of the amending Schedule, for the purposes of paragraph 238(3)(c) of the EPBC Act continue in force after that commencement as if they had been made for the purposes of that paragraph of that Act as amended by that item.
(2) Subitem (1) does not prevent amendment or repeal of the regulations referred to in that subitem.
Part 6 -- Provisions related to wildlife trade
35 Application of amendments made by items 488 etc.
The amendments made by items 488, 489, 496, 499, 500, 503, 509, 510, 511, 514, 515, 516, 517, 518, 519, 520, 521, 523, 524, 525 and 527 of the amending Schedule apply to permits granted after the commencement of those items.
36 Application of amendments made by items 506 etc.
The amendments made by items 506, 507, 508 and 522 of the amending Schedule apply to assessments started after the commencement of those items.
Part 7 -- Provisions related to listing processes
37 Definitions
In this Part:
amended EPBC Act :
(a) when used in item 38--means the EPBC Act as in force after the species commencement time; and
(b) when used in the other items of this Part--means the EPBC Act as in force after the heritage commencement time.
heritage commencement time means the commencement of item 550 of the amending Schedule.
old EPBC Act :
(a) when used in item 38--means the EPBC Act as in force before the species commencement time; and
(b) when used in the other items of this Part--means the EPBC Act as in force before the heritage commencement time.
species commencement time means the commencement of item 368 of the amending Schedule.
38 Section 191 nominations made before the species commencement time
(1) This item applies if, before the species commencement time:
(a) an item had been nominated under section 191 of the old EPBC Act for inclusion in a list referred to in section 178, 181 or 183 of the old EPBC Act; and
(b) the Minister had not decided whether to include the item in the list.
(2) The nomination is taken to have been made, for the purposes of the amended EPBC Act, in response to the invitation under section 194E of the amended EPBC Act in relation to the first assessment period for the list.
(3) The regulations referred to in paragraphs 194E(3)(b) and (c) of the amended EPBC Act are taken to have been complied with in relation to the nomination.
Note: For the item to have been nominated under section 191 of the old EPBC Act, the nomination must have been made in accordance with the regulations made for the purposes of that section.
(4) If, before the species commencement time, the nomination had been forwarded to the Scientific Committee under section 191 of the old EPBC Act, the Minister is taken, for the purposes of section 194F of the amended EPBC Act, to have given the nomination to the Scientific Committee in relation to the first assessment period for the list.
Note 1: If under this subitem the Minister is taken, for the purposes of section 194F of the amended EPBC Act, to have given the nomination to the Scientific Committee, the Committee must then decide whether to include the item on the proposed priority assessment list for the first assessment period (see section 194G of the amended EPBC Act).
Note 2: If the nomination had not been forwarded to the Scientific Committee before the species commencement time, section 194F of the amended EPBC Act requires the Minister to give the nomination to the Scientific Committee together with the other nominations in relation to the first assessment period.
(5) The Minister, and the Scientific Committee, may take into account, in dealing with the nomination, any information that was obtained in relation to the nomination under the old EPBC Act.
(6) If the Minister determines, in writing, that this subitem applies in relation to the nomination of the item, then, in relation to that nomination of the item:
(a) the Scientific Committee is taken to have complied with section 194M of the amended EPBC Act; and
(b) paragraph 194N(2)(a) and subsection 194N(3) of the amended EPBC Act do not apply.
(7) If:
(a) the Scientific Committee had, before the species commencement time, given the Minister advice about the nomination in accordance with section 189 of the old EPBC Act; and
(b) the Minister determines, in writing, that this subitem applies to the nomination of the item for the first assessment period;
then that advice is taken, for the purposes of the amended EPBC Act, to be an assessment given by the Committee to the Minister:
(c) in accordance with subsection 194N(1) of the amended EPBC Act in relation to the nomination of the item for the first assessment period; and
(d) on the day the Minister makes the determination referred to in paragraph (b).
(8) A determination under subitem (6) or (7) is not a legislative instrument.
39 Section 324E nominations made before the heritage commencement time
(1) This item applies if, before the heritage commencement time:
(a) a place had been nominated under section 324E of the old EPBC Act; and
(b) the place is within the Australian jurisdiction; and
(c) the Minister had not decided whether to include the place in the National Heritage List.
(2) The nomination is taken to have been made, for the purposes of the amended EPBC Act, in response to the invitation under section 324J of the amended EPBC Act in relation to the first assessment period for the National Heritage List.
(3) The regulations referred to in paragraph 324J(3)(b) and (c) of the amended EPBC Act are taken to have been complied with in relation to the nomination.
Note: For a place to have been nominated under section 324E of the old EPBC Act, the nomination must have been made in accordance with the regulations made for the purposes of that section.
(4) If, before the heritage commencement time, the Minister had requested the Australian Heritage Council to assess the place, the Minister is taken, for the purposes of section 324JA of the amended EPBC Act, to have given the nomination to the Australian Heritage Council in relation to the first assessment period for the National Heritage List.
Note 1: If under this subitem the Minister is taken, for the purposes of section 324JA of the amended EPBC Act, to have given the nomination to the Australian Heritage Council, the Council must then decide whether to include the place on the proposed priority assessment list for the first assessment period (see section 324JB of the amended EPBC Act).
Note 2: If, before the heritage commencement time, the Minister had not requested the Australian Heritage Council to assess the place, section 324JA of the amended EPBC Act requires the Minister to give the nomination to the Australian Heritage Council together with the other nominations in relation to the first assessment period.
(5) The Minister, and the Australian Heritage Council, may take into account, in dealing with the nomination, any information that was obtained in relation to the nomination under the old EPBC Act.
(6) If:
(a) the Australian Heritage Council had, before the heritage commencement time, complied with subsection 324G(3A) of the old EPBC Act in relation to the assessment of the place; and
(b) the Minister determines, in writing, that this subitem applies to the nomination of the place for the first assessment period;
then, in relation to that nomination of the place:
(c) the Australian Heritage Council is taken to have complied with section 324JG of the amended EPBC Act; and
(d) references in the amended EPBC Act to the notice under subsection 324JG(1) are taken to be references to the notice (the old EPBC Act notice ) published by the Council when complying with subsection 324G(3A) of the old EPBC Act in relation to the assessment of the place; and
(e) regulations (if any) referred to in paragraph 324JG(4)(b) of the amended EPBC Act do not apply to comments received by the Council in response to the old EPBC Act notice.
(7) If:
(a) the Australian Heritage Council had, before the heritage commencement time, complied with subsection 324G(4) of the old EPBC Act in relation to the assessment of the place; and
(b) the Minister determines, in writing, that this subitem applies to the nomination of the place for the first assessment period;
then, in relation to that nomination of the place:
(c) the Australian Heritage Council is taken to have complied with subsection 324JH(5) of the amended EPBC Act; and
(d) the reference in paragraph 324JH(2)(b) of the amended EPBC Act to paragraph 324JH(5)(c) is taken to be a reference to paragraph 324G(4)(c) of the old EPBC Act.
(8) If:
(a) the Australian Heritage Council had, before the heritage commencement time, given the Minister a written assessment of the place in accordance with section 324G of the old EPBC Act; and
(b) the Minister determines, in writing, that this subitem applies to the nomination of the place for the first assessment period;
then that assessment, and any comments given to the Minister by the Council under section 324G of the old EPBC Act with that assessment, are taken, for the purposes of the amended EPBC Act, to have been given by the Council to the Minister:
(c) in accordance with subsection 324JH(1) of the amended EPBC Act in relation to that place; and
(d) on the day the Minister makes the determination referred to in paragraph (b).
(9) A determination under subitem (6), (7) or (8) is not a legislative instrument.
40 Section 324F emergency listings before the heritage commencement time
(1) This item applies if, before the heritage commencement time:
(a) a place had been included in the National Heritage List under section 324F of the old EPBC Act at a particular time (the inclusion time ); and
(b) the Minister had not acted under subsection 324J(5) of the old EPBC Act in relation to the continued inclusion of the place in the National Heritage List.
(2) The place is taken, for the purposes of the amended EPBC Act, to have been included in the National Heritage List (the amended EPBC Act emergency listing of the place ):
(a) under subsection 324JL(1) of the amended EPBC Act; and
(b) at the inclusion time.
(3) If the Minister had, before the heritage commencement time, complied with subsection 324F(5) of the old EPBC Act in relation to the inclusion of the place in the National Heritage List, the Minister is taken to have complied with subsection 324JL(3) of the amended EPBC Act in relation to the amended EPBC Act emergency listing of the place.
(4) If the Minister had given the Chair of the Australian Heritage Council a request under subsection 324F(3) of the old EPBC Act for an assessment of the place, the request is taken, for the purposes of the amended EPBC Act, to be a request:
(a) made under subsection 324JM(1) of the amended EPBC Act; and
(b) that specifies an assessment completion time that is the same as the time the assessment would have become due under section 324G of the old EPBC Act if that section had not been repealed.
(5) The Minister, and the Australian Heritage Council, may take into account, in dealing with a matter relating to the amended EPBC Act emergency listing of the place, any information that was obtained before the heritage commencement time in relation to the inclusion of the place in the National Heritage List under section 324F of the old EPBC Act.
(6) If:
(a) the Australian Heritage Council had, before the heritage commencement time, complied with subsection 324G(3A) of the old EPBC Act in relation to the assessment of the place; and
(b) the Minister determines, in writing, that this subitem applies to the amended EPBC Act emergency listing of the place;
then, in relation to the amended EPBC Act emergency listing of the place:
(c) the Australian Heritage Council is taken to have complied with section 324JN of the amended EPBC Act; and
(d) references in the amended EPBC Act (including as the amended EPBC Act applies because of section 324JO of the amended EPBC Act) to the notice under subsection 324JN(1) are taken to be references to the notice (the old EPBC Act notice ) published by the Council when complying with subsection 324G(3A) of the old EPBC Act in relation to the assessment of the place; and
(e) regulations (if any) referred to in paragraph 324JN(3)(b) of the amended EPBC Act do not apply to comments received by the Council in response to the old EPBC Act notice.
(7) If:
(a) the Australian Heritage Council had, before the heritage commencement time, complied with subsection 324G(4) of the old EPBC Act in relation to the assessment of the place; and
(b) the Minister determines, in writing, that this subitem applies to the amended EPBC Act emergency listing of the place;
then, in relation to the amended EPBC Act emergency listing of the place:
(c) the Australian Heritage Council is taken to have complied with subsection 324JH(5) of the amended EPBC Act (as that subsection applies because of section 324JO of the amended EPBC Act); and
(d) the reference in paragraph 324JH(2)(b) of the amended EPBC Act (as that paragraph applies because of section 324JO of the amended EPBC Act) to paragraph 324JH(5)(c) is taken to be a reference to paragraph 324G(4)(c) of the old EPBC Act.
(8) If:
(a) the Australian Heritage Council had, before the heritage commencement time, given the Minister a written assessment of the place in accordance with section 324G of the old EPBC Act; and
(b) the Minister determines, in writing, that this subitem applies to the amended EPBC Act emergency listing of the place;
then that assessment, and any comments given to the Minister by the Council under section 324G of the old EPBC Act with that assessment, are taken, for the purposes of the amended EPBC Act, to have been given by the Council to the Minister:
(c) in accordance with subsection 324JH(1) of the amended EPBC Act (as that subsection applies because of section 324JO of the amended EPBC Act) in relation to that place; and
(d) on the day the Minister makes the determination referred to in paragraph (b).
(9) A determination under subitem (6), (7) or (8) is not a legislative instrument.
41 Changes to section 324F emergency listings not published etc. before the heritage commencement time
If, before the heritage commencement time:
(a) under subsection 324J(5) of the old EPBC Act, the Minister removed from the National Heritage List a place or a National Heritage value of a place, or altered the boundary of a place included in the List; and
(b) the Minister had not complied with subsection 324J(7) of the old EPBC Act in relation to the removal or alteration;
then despite the repeal of subsections 324J(7) and (9) of the old EPBC Act, those subsections continue to apply after the heritage commencement time in relation to the removal or alteration as if the repeal had not happened.
42 Section 341E nominations made before the heritage commencement time
(1) This item applies if, before the heritage commencement time:
(a) a place had been nominated under section 341E of the old EPBC Act; and
(b) the Minister had not decided whether to include the place in the Commonwealth Heritage List.
(2) The nomination is taken to have been made, for the purposes of the amended EPBC Act, in response to the invitation under section 341H of the amended EPBC Act in relation to the first assessment period for the Commonwealth Heritage List.
(3) The regulations referred to in paragraph 341H(3)(b) and (c) of the amended EPBC Act are taken to have been complied with in relation to the nomination.
Note: For a place to have been nominated under section 341E of the old EPBC Act, the nomination will have had to have been made in accordance with the regulations made for the purposes of that section.
(4) If, before the heritage commencement time, the Minister had requested the Australian Heritage Council to assess the place, the Minister is taken, for the purposes of section 341J of the amended EPBC Act, to have given the nomination to the Australian Heritage Council in relation to the first assessment period for the Commonwealth Heritage List.
Note 1: If under this subitem the Minister is taken, for the purposes of section 341J of the amended EPBC Act, to have given the nomination to the Australian Heritage Council, the Council must then decide whether to include the place on the proposed priority assessment list for the first assessment period (see section 341JA of the amended EPBC Act).
Note 2: If, before the heritage commencement time, the Minister had not requested the Australian Heritage Council to assess the place, section 341J of the amended EPBC Act requires the Minister to give the nomination to the Australian Heritage Council together with the other nominations in relation to the first assessment period.
(5) The Minister, and the Australian Heritage Council, may take into account, in dealing with the nomination, any information that was obtained in relation to the nomination under the old EPBC Act.
(6) If:
(a) the Australian Heritage Council had, before the heritage commencement time, complied with subsection 341G(3A) of the old EPBC Act in relation to the assessment of the place; and
(b) the Minister determines, in writing, that this subitem applies to the nomination of the place for the first assessment period;
then, in relation to that nomination of the place:
(c) the Australian Heritage Council is taken to have complied with section 341JF of the amended EPBC Act; and
(d) references in the amended EPBC Act to the notice under subsection 341JF(1) are taken to be references to the notice (the old EPBC Act notice ) published by the Council when complying with subsection 341G(3A) of the old EPBC Act in relation to the assessment of the place; and
(e) regulations (if any) referred to in paragraph 341JF(4)(b) of the amended EPBC Act do not apply to comments received by the Council in response to the old EPBC Act notice.
(7) If:
(a) the Australian Heritage Council had, before the heritage commencement time, complied with subsection 341G(4) of the old EPBC Act in relation to the assessment of the place; and
(b) the Minister determines, in writing, that this subitem applies to the nomination of the place for the first assessment period;
then, in relation to that nomination of the place:
(c) the Australian Heritage Council is taken to have complied with subsection 341JG(5) of the amended EPBC Act; and
(d) the reference in paragraph 341JG(2)(b) of the amended EPBC Act to paragraph 341JG(5)(c) is taken to be a reference to paragraph 341G(4)(c) of the old EPBC Act.
(8) If:
(a) the Australian Heritage Council had, before the heritage commencement time, given the Minister a written assessment of the place in accordance with section 341G of the old EPBC Act; and
(b) the Minister determines, in writing, that this subitem applies to the nomination of the place for the first assessment period;
then that assessment, and any comments given to the Minister by the Council under section 341G of the old EPBC Act with that assessment, are taken, for the purposes of the amended EPBC Act, to have been given by the Council to the Minister:
(c) in accordance with subsection 341JG(1) of the amended EPBC Act in relation to that place; and
(d) on the day the Minister makes the determination referred to in paragraph (b).
(9) A determination under subitem (6), (7) or (8) is not a legislative instrument.
43 Section 341F emergency listings before the heritage commencement time
(1) This item applies if, before the heritage commencement time:
(a) a place had been included in the Commonwealth Heritage List under section 341F of the old EPBC Act at a particular time (the inclusion time ); and
(b) the Minister had not acted under subsection 341J(5) of the old EPBC Act in relation to the continued inclusion of the place in the Commonwealth Heritage List.
(2) The place is taken, for the purposes of the amended EPBC Act, to have been included in the Commonwealth Heritage List (the amended EPBC Act emergency listing of the place ):
(a) under subsection 341JK(1) of the amended EPBC Act; and
(b) at the inclusion time.
(3) If the Minister had, before the heritage commencement time, complied with subsection 341F(5) of the old EPBC Act in relation to the inclusion of the place in the Commonwealth Heritage List, the Minister is taken to have complied with subsection 341JK(3) of the amended EPBC Act in relation to the amended EPBC Act emergency listing of the place.
(4) If the Minister had given the Chair of the Australian Heritage Council a request under subsection 341F(3) of the old EPBC Act for an assessment of the place, the request is taken, for the purposes of the amended EPBC Act, to be a request:
(a) made under subsection 341JL(1) of the amended EPBC Act; and
(b) that specifies an assessment completion time that is the same as the time the assessment would have become due under section 324G of the old EPBC Act if that section had not been repealed.
(5) The Minister, and the Australian Heritage Council, may take into account, in dealing with a matter relating to the amended EPBC Act emergency listing of the place, any information that was obtained before the heritage commencement time in relation to the inclusion of the place in the Commonwealth Heritage List under section 341F of the old EPBC Act.
(6) If:
(a) the Australian Heritage Council had, before the heritage commencement time, complied with subsection 341G(3A) of the old EPBC Act in relation to the assessment of the place; and
(b) the Minister determines, in writing, that this subitem applies to the amended EPBC Act emergency listing of the place;
then, in relation to the amended EPBC Act emergency listing of the place:
(c) the Australian Heritage Council is taken to have complied with section 341JM of the amended EPBC Act; and
(d) references in the amended EPBC Act (including as the amended EPBC Act applies because of section 341JN of the amended EPBC Act) to the notice under subsection 341JM(1) are taken to be references to the notice (the old EPBC Act notice ) published by the Council when complying with subsection 341G(3A) of the old EPBC Act in relation to the assessment of the place; and
(e) regulations (if any) referred to in paragraph 341JM(3)(b) of the amended EPBC Act do not apply to comments received by the Council in response to the old EPBC Act notice.
(7) If:
(a) the Australian Heritage Council had, before the heritage commencement time, complied with subsection 341G(4) of the old EPBC Act in relation to the assessment of the place; and
(b) the Minister determines, in writing, that this subitem applies to the amended EPBC Act emergency listing of the place;
then, in relation to the amended EPBC Act emergency listing of the place:
(c) the Australian Heritage Council is taken to have complied with subsection 341JG(5) of the amended EPBC Act (as that subsection applies because of section 341JN of the amended EPBC Act); and
(d) the reference in paragraph 341JG(2)(b) of the amended EPBC Act (as that paragraph applies because of section 341JN of the amended EPBC Act) to paragraph 341JG(5)(c) is taken to be a reference to paragraph 341G(4)(c) of the old EPBC Act.
(8) If:
(a) the Australian Heritage Council had, before the heritage commencement time, given the Minister a written assessment of the place in accordance with section 341G of the old EPBC Act; and
(b) the Minister determines, in writing, that this subitem applies to the amended EPBC Act emergency listing of the place;
then that assessment, and any comments given to the Minister by the Council under section 341G of the old EPBC Act with that assessment, are taken, for the purposes of the amended EPBC Act, to have been given by the Council to the Minister:
(c) in accordance with subsection 341JG(1) of the amended EPBC Act (as that subsection applies because of section 341JN of the amended EPBC Act) in relation to that place; and
(d) on the day the Minister makes the determination referred to in paragraph (b).
(9) A determination under subitem (6), (7) or (8) is not a legislative instrument.
44 Changes to section 341F emergency listings not published etc. before the heritage commencement time
If, before the heritage commencement time:
(a) under subsection 341J(5) of the old EPBC Act, the Minister removed from the Commonwealth Heritage List a place or a Commonwealth Heritage value of a place, or altered the boundary of a place included in the List; and
(b) the Minister had not complied with subsection 341J(7) of the old EPBC Act in relation to the removal or alteration;
then despite the repeal of subsections 341J(7) and (9) of the old EPBC Act, those subsections continue to apply after the heritage commencement time in relation to the removal or alteration as if the repeal had not happened.
45 Plans in force under subsection 324S(1) before the heritage commencement time
Despite the repeal of subsection 324S(1) of the old EPBC Act:
(a) a plan that:
(i) was made under that subsection of the old EPBC Act; and
(ii) was in force immediately before the heritage commencement time;
continues in effect after the heritage commencement time as if it had been made under subsection 324S(1) of the amended EPBC Act; and
(b) an obligation that the Minister had, immediately before the heritage commencement time, to make a plan under that subsection of the old EPBC Act continues after the heritage commencement time as if it were an obligation under subsection 324S(1) of the amended EPBC Act.
Part 8 -- Provisions relating to Commonwealth reserves
46 Application of amendment made by 599
The amendment made by 599 of the amending Schedule applies in relation to management plans approved by the Minister under section 370 of the EPBC Act after the commencement of that item.
47 Application of amendment made by 600
The amendment made by 600 of the amending Schedule applies in relation to management plans approved by the Minister under section 370 of the EPBC Act after the commencement of that item.
48 Application of amendment made by 601
The repeal and substitution of subsection 379(1) of the EPBC Act by item 601 of the amending Schedule applies in relation to appointments made after the commencement of that item.
49 Application of amendment made by item 603
Subsection 382(1A) of the EPBC Act, as inserted by item 603 of the amending Schedule, applies after the commencement of that item in relation to members of Boards, whether appointed before or after the commencement of that item.
Part 9 -- Provisions relating to compliance and enforcement
50 Amendments do not apply to things seized, or warrants issued, before commencement of amending items
Subject to this Part, an item of the amending Schedule that amends or repeals a provision of Part 17 of the EPBC Act does not apply in relation to a thing seized, or a warrant issued, before the commencement of that item.
51 Application of amendment made by item 739
The amendment made by item 739 of the amending Schedule applies to things forfeited, whether before or after the commencement of that item.
52 Saving of approvals
An approval in force under section 453 of the EPBC Act immediately before the commencement of item 742 of the amending Schedule has effect after that commencement as if it related to organisms and specimens.
53 Application of amendment made by item 763
The amendment made by item 763 of the amending Schedule applies to applications to the Federal Court for an injunction that are made after the commencement of that item.
54 Amendments of offence etc. provisions do not apply to actions and omissions that occurred before commencement of amending items
An item of the amending Schedule that:
(a) amends, repeals, or otherwise affects the scope of a provision of the EPBC Act that is an offence provision or a civil penalty provision; or
(b) inserts a provision into the EPBC Act that is an offence provision or a civil penalty provision;
does not apply to an act or omission that occurred before the commencement of that item.
55 Application of amendments made by items 168 and 169
The amendments made by items 168 and 169 of the amending Schedule do not apply to bilateral agreements entered into before the commencement of those items.
56 Application of amendments made by items 386 etc.
The amendments made by items 386, 387, 388, 413, 414, 415, 446, 447, 448, 463, 464, 465, 528, 529, 530, 531, 758, 759, 760, 761 and 762 of the amending Schedule do not apply in relation to any decision made under the EPBC Act before the commencement of those items.
57 Application of amendments made by items 788 etc.
The amendments made by items 788, 796, 798, 800, 817, 827 and 834 of the amending Schedule do not affect the validity of any decision made or action taken under the EPBC Act, or regulations made under that Act, before the commencement of those items.
58 Regulations may deal with transitional, saving or application matters
(1) The Governor - General may make regulations dealing with matters of a transitional, saving or application nature relating to amendments made by this Act.
(2) Despite subsection 12(2) of the Legislative Instruments Act 2003 , regulations made under this item may be expressed to take effect from a date before the regulations are registered under that Act.
[ Minister's second reading speech made in--
House of Representatives on 12 October 2006
Senate on 6 November 2006 ]
(149/06)