Commonwealth Consolidated Acts Commonwealth Consolidated ActsThe regulations may:
(a) provide for the transportation, treatment and disposal of members of listed marine species killed, injured or taken in contravention of this Division; and
(b) provide for the methods or equipment by which members of listed marine species may be killed or taken otherwise than in contravention of this Division; and
(c) provide for the gathering and dissemination of information relating to listed marine species; and
(d) provide for the protection and conservation of listed marine species; and
(e) provide for any matter incidental to or connected with any of the above paragraphs.
Environment Protection and Biodiversity Conservation Act 1999
No. 91, 1999
Compilation No. 63
Compilation date: 14 October 2024
Includes amendments: Act No. 39, 2024
This compilation is in 2 volumes
Volume 1: sections 1 - 12p t">266
Volume 2: sections 266B - 12p t; font-weight:bold">528
Schedule
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Environment Protection and Biodiversity Conservation Act 1999 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 5--Conservation of biodiversity 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
407A Operation of electronic equipment at premises
407B Compensation for damage to electronic equipment
408 Monitoring searches with occupier's consent
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
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
Part 1--Preliminary
Division 1--Objects of this Schedule
1 Main objects of this Schedule
Division 2--Definitions
Division 3--Appointment etc. of detention officers
3 Minister may appoint persons to be detention officers
4 Detention officers subject to directions
5 Detention officer etc. not liable to certain actions
Division 4--Approval of authorised officers and detention officers
6 The Secretary may approve authorised officers and detention officers
7 Persons who are authorised officers for purposes of the Migration Act 1958 are taken to be approved for this Schedule
Part 2--Detaining suspected foreign offenders
Division 1--Initial detention by an authorised officer
8 Power to detain
9 Relationship with Part IC of the Crimes Act 1914
Division 2--Continued detention by a detention officer
10 Detention officer may detain person already detained by authorised officer
Division 3--Detention on behalf of an authorised officer or detention officer
11 Detention on behalf of an authorised officer or detention officer
Division 4--Moving detainees
12 Power to move detainees
Division 5--End of detention
13 End of detention
Division 6--Offence of escaping from detention
14 Escape from detention
Part 3--Searching and screening detainees and screening their visitors
Division 1--Searches of detainees
15 Searches of detainees
Division 2--Screening of detainees
16 Power to conduct a screening procedure
Division 3--Strip searches of detainees
17 Power to conduct a strip search
18 Rules for conducting a strip search
Division 4--Keeping of things found by screening or strip search of detainees
19 Possession and retention of certain things obtained during a screening procedure or strip search
20 Approved officer may apply for a thing to be retained for a further period
21 Magistrate may order that thing be retained
Division 5--Screening detainees' visitors
22 Powers concerning entry to premises where detainee is detained
Division 6--Law applying to detainee in State or Territory prison etc.
23 Detainees held in State or Territory prisons or remand centres
Part 4--Detainees' rights to facilities for obtaining legal advice etc.
24 Detainee may have access to certain advice, facilities etc.
Part 5--Identifying detainees
Division 1--Preliminary
25 Definitions
26 Meaning of personal identifier
27 Limiting the types of identification tests that approved officers may carry out
Division 2--Identification of detainees
Subdivision A--Provision of personal identifiers
28 Detainees must provide personal identifiers
29 Approved officers must require and carry out identification tests
30 Information to be provided before carrying out identification tests
Subdivision B--How identification tests are carried out
31 General rules for carrying out identification tests
32 Use of force in carrying out identification tests
33 Identification tests not to be carried out in cruel, inhuman or degrading manner etc.
34 Approved officer may get help to carry out identification tests
35 Identification tests to be carried out by approved officer of same sex as non - citizen
36 Independent person to be present
37 Recording of identification tests
38 Retesting
Subdivision C--Obligations relating to video recordings of identification tests
39 Definitions
40 Accessing video recordings
41 Authorising access to video recordings
42 Providing video recordings
43 Unauthorised modification of video recordings
44 Unauthorised impairment of video recordings
45 Meanings of unauthorised modification and unauthorised impairment etc.
46 Destroying video recordings
Division 3--Identification of minors and incapable persons
47 Minors
48 Incapable persons
Division 4--Obligations relating to detainees' identifying information
Subdivision A--Preliminary
49 Definitions
50 Application
Subdivision B--Accessing identifying information
51 Accessing identifying information
52 Authorising access to identifying information
Subdivision C--Disclosing identifying information
53 Disclosing identifying information
54 Authorising disclosure of identifying information to foreign countries etc.
Subdivision D--Modifying and impairing identifying information
55 Unauthorised modification of identifying information
56 Unauthorised impairment of identifying information
57 Meanings of unauthorised modification and unauthorised impairment etc.
Subdivision E--Retaining identifying information
58 Identifying information may be indefinitely retained
Part 6--Disclosure of detainees' personal information
59 Disclosure of detainees' personal information
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history