ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999

Commonwealth Consolidated Acts

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999

TABLE OF PROVISIONS

Long Title

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

43. Actions taken in accordance with zoning plan

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

92. Application of this Division
93. Recommendation report

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

155. This Chapter ceases to apply to lapsed proposals
156. General rules about time limits

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

156F. Change of person proposing to take action

Division 2--Actions in area offshore from a State or the Northern Territory

157. Actions treated as though they were in 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

170C. Withdrawal of referral of proposal to take an action

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

302. 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.

443. 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 Review 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

498. Minister may publicise contraventions of this Act or the regulations

Division 21--Immunity of officers

498A. Immunity of officers and assistants

Division 22--Conduct of directors, employees and agents

498B. 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

502. Establishment
503. Functions of the Committee

Division 2A--Indigenous Advisory Committee

505A. Establishment
505B. Functions of the Committee

Division 2B--Establishment and functions of the Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development

505C. Establishment
505D. Functions of the Committee
505E. Declared States and Territories

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

Division 2--General list of definitions

528. Definitions
SCHEDULE 1 Provisions relating to detention of suspected foreign offenders

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