NATURE CONSERVATION ACT 2014
Table of Provisions
CHAPTER 1--PRELIMINARY
PART 1.1--INTRODUCTION
- 1 Name of Act
- 3 Dictionary
- 4 Notes
- 5 Offences against Act—application of Criminal Code etc
- 6 Objects of Act
PART 1.2--RELATIONSHIP TO OTHER LAWS
PART 1.3--IMPORTANT CONCEPTS
- 9 What is nature?
- 10 What is conservation?
- 11 What is an animal?
- 12 What is a native animal?
- 13 What is a plant?
- 14 What is a native plant?
- 15 What is a species?
- 16 What is a native species?
- 17 What is an ecological community?
- 18 What is a member of a species or ecological community?
- 19 What is biodiversity?
CHAPTER 2--ADMINISTRATION
PART 2.1--CONSERVATOR OF FLORA AND FAUNA
- 20 Conservator—appointment
- 21 Conservator—functions
- 22 Conservator—delegation
- 23 Conservator—guidelines
- 24 Meaning of biodiversity research and monitoring
- 25 Biodiversity research and monitoring program—conservator to
- 26 Biodiversity research and monitoring program—conservator to
PART 2.2--ACT PARKS AND CONSERVATION SERVICE
- 27 ACT parks and conservation service—establishment
PART 2.3--CONSERVATION OFFICERS
- 28 Conservation officers—appointment
- 29 Conservation officers—identity cards
- 30 Conservation officers—power not to be exercised before identity card
PART 2.4--SCIENTIFIC COMMITTEE
- 31 Scientific committee—establishment
- 32 Scientific committee—functions
- 33 Scientific committee—annual report
- 34 Scientific committee—Minister's directions
- 35 Scientific committee—membership
- 36 Scientific committee—appointment of members
- 37 Scientific committee—chair and deputy chair
- 38 Scientific committee—secretary
- 39 Scientific committee—ending appointments
- 40 Scientific committee—disclosure of interests
- 41 Scientific committee—meetings
- 42 Scientific committee—presiding member at meetings
- 43 Scientific committee—quorum at meetings
- 44 Scientific committee—voting at meetings
- 45 Scientific committee—conduct of meetings
PART 2.5--ADVISORY COMMITTEES
CHAPTER 3--NATURE CONSERVATION STRATEGY FOR THE ACT
- 47 What is the nature conservation strategy for the ACT?
- 48 What is a draft nature conservation
- 49 Draft nature conservation strategy—conservator to prepare
- 50 Draft nature conservation strategy—consultation with
- 51 Draft nature conservation strategy—public consultation
- 52 Draft strategy—revision and submission to Minister
- 53 Draft strategy—Minister to approve, return or reject
- 54 Draft strategy—Minister's approval and notification
- 55 Draft strategy—Minister's direction to revise etc
- 56 Draft strategy—Minister's rejection
- 57 Nature conservation strategy—minor amendments
- 58 Nature conservation strategy—conservator to implement
- 59 Nature conservation strategy—monitoring
- 60 Nature conservation strategy—review
CHAPTER 4--THREATENED NATIVE SPECIES AND ECOLOGICAL COMMUNITIES
PART 4.1--THREATENED NATIVE SPECIES
- 61 What is a threatened native species?
- 62 What is a threatened native species list?
- 63 Threatened native species list—categories
- 64 Threatened native species list—eligibility for national
- 64A Threatened native species list—eligibility for regional
- 65 Threatened native species list—eligibility criteria
- 66 Threatened native species list—criteria to review
PART 4.2--THREATENED ECOLOGICAL COMMUNITIES
- 67 What is a threatened ecological community?
- 68 What is a threatened ecological communities list?
- 69 Threatened ecological communities list—categories
- 70 Threatened ecological communities list—eligibility for
- 71 Threatened ecological communities list—eligibility criteria
- 72 Threatened ecological communities list criteria—review
PART 4.3--KEY THREATENING PROCESSES
- 73 What is a threatening process?
- 74 What is a key threatening process?
- 75 What is a key threatening processes list?
- 76 Key threatening processes list
- 77 Key threatening processes list—eligibility
- 78 Key threatening processes list—eligibility criteria
- 79 Key threatening processes list criteria—review
PART 4.4--INCLUDING, TRANSFERRING AND OMITTING ITEMS IN LIST
Division 4.4.1--Definitions—pt 4.4
Division 4.4.2--Including, transferring and omitting items in list—general
- 81 Nominations—public may nominate item at any time
- 82 Nominations—scientific committee may reject nomination
- 83 Nominations—scientific committee may nominate items itself
- 84 Nominations—public consultation
- 85 Nominations—scientific committee to carry out listing assessment
- 87 Minister to decide whether to include, transfer or omit item
- 88 Minister's decision—include item
- 89 Minister's decision—transfer item
- 90 Minister's decision—omit item
Division 4.4.3--Including or transferring certain nationally threatened items
- 90A Minister may include or transfer nationally threatened items without
Division 4.4.4--Conservation advice
- 90B Conservation advice guidelines
- 90C Conservation advice
- 90E Conservation advice—adopting advice for nationally threatened item
- 90F Conservation advice—scientific committee to review
Division 4.4.5--Final version of list and notification
- 91 Final version of list and notification
Division 4.4.6--Minor amendments of list
- 93 What is a minor amendment?—div 4.4.6
- 94 Minister may make minor amendments
- 95 Minor amendment—including similar species
- 96 Minor amendment—omitting similar species
- 97 Minor amendment—rediscovery of extinct species
PART 4.5--ACTION PLANS
- 98 Definitions—Act
- 99 What is an action plan?—pt 4.5
- 100 What is a draft action plan?—pt 4.5
- 100A Minister to decide if action plan needed
- 101 Draft action plan—conservator to prepare
- 102 Draft action plan—consultation with scientific committee
- 103 Draft action plan—public consultation
- 104 Draft action plan—revision
- 105 Draft action plan—final version and notification
- 106 Action plan—minor amendments
- 107 Action plan—conservator to implement
- 108 Action plan—monitoring and review
- 108A Action plan—ending action plan after review
CHAPTER 5--PROTECTION OF NATIVE SPECIES—CONSERVATION PLANS
PART 5.1--SPECIAL PROTECTION STATUS
PART 5.2--PROTECTED NATIVE SPECIES
- 110 What is a protected native species?
- 111 Minister to make protected native species list
- 112 Protected native species list—eligibility
- 113 Minister to develop criteria and processes for protected native species
- 114 Protected native species list criteria—review
PART 5.3--NATIVE SPECIES CONSERVATION PLANS
- 115 What is a native species conservation plan?
- 116 What is a draft native species conservation plan?—pt
- 117 Draft native species conservation plan—conservator to
- 118 Draft native species conservation plan—consultation with scientific
- 119 Draft native species conservation plan—consultation with lessee and
- 120 Draft native species conservation plan—public consultation
- 121 Draft native species conservation plan—revision
- 122 Draft native species conservation plan—final version and
- 123 Native species conservation plan—minor amendments
- 124 Native species conservation plan—conservator etc to
- 125 Native species conservation plan—monitoring and review
CHAPTER 6--PROTECTION OF NATIVE SPECIES—OFFENCES
PART 6.1--OFFENCES
Division 6.1.1--Definitions—pt 6.1
Division 6.1.2--Native animals
- 127 Definitions—div 6.1.2
- 128 Offence—interfere with nest of native animal
- 129 Offence—interfere with nest of native animal—endanger progeny or
- 130 Offence—kill native animal
- 131 Offence—injure or endanger native animal
- 132 Offence—take native animal
- 133 Offence—keep non-exempt animal
- 134 Offence—sell non-exempt animal
- 135 Offence—offer to sell animal without disclosing licence
- 136 Offence—import non-exempt animal
- 137 Offence—export non-exempt animal
- 138 Offence—release animal from captivity
- 138A Offence—use prohibited fruit netting
- 138B Offence—prohibited fruit netting retail display
Division 6.1.3--Native plants
- 139 Definitions—div 6.1.3
- 140 Offence—take native plant—unleased land
- 141 Offence—take and sell native plant—unleased land
- 142 Offence—take native plant—protected native species
- 143 Offence—take native plant—special protection status
- 144 Offence—damage native tree—unleased land
- 145 Offence—damage native tree—leased land
- 146 Offence—damage or take fallen native timber
- 147 Offence—offer to sell native plant without disclosing licence
- 148 Offence—sell native plant—protected or special protection status
- 149 Offence—sell native plant without plant tag—protected or special protection
- 150 Offence—import native plant—protected or special protection status
- 151 Offence—export native plant—protected or special protection status
- 152 Offence—export plant without plant tag—protected or special protection
Division 6.1.4--Exceptions to offences
PART 6.2--OTHER MATTERS
- 154 What is an exempt animal?
- 155 Declarations—exempt animals
- 156 Interest in native animal ends with escape
CHAPTER 7--CONTROLLED NATIVE SPECIES MANAGEMENT PLANS
- 157 What is a controlled native species?—ch 7
- 158 What is a controlled native species management plan?
- 159 What is a draft controlled native species management plan?—ch
- 160 Draft controlled native species management plan—conservator to
- 161 Draft controlled native species management plan—consultation with lessee and
- 162 Draft controlled native species management plan—public
- 163 Draft controlled native species management plan—revision
- 164 Draft controlled native species management plan—emergencies
- 165 Draft controlled native species management plan—final version and
- 166 Controlled native species management plan—minor amendments
- 167 Controlled native species management plan—conservator etc to
- 168 Controlled native species management plan—monitoring and review
CHAPTER 7A--CULTURAL RESOURCE MANAGEMENT PLAN
- 168A Meaning of cultural resource management plan
- 168B Preparation of draft cultural resource management plan
- 168C Draft cultural resource management plan—revision and submission to
- 168D Draft cultural resource management plan—Minister to approve, return or
- 168E Draft cultural resource management plan—Minister's direction to revise
- 168F Cultural resource management plan—minor amendments
- 168G Cultural resource management plan—conservator to implement
- 168H Cultural resource management plan—reporting
- 168I Cultural resource management plan—review
CHAPTER 8--RESERVES—MANAGEMENT PLANNING
PART 8.1--DEFINITIONS
PART 8.2--IUCN CATEGORIES FOR RESERVES
- 171 What is an IUCN category for a reserve?—pt 8.2
- 172 Assignment of reserves to IUCN categories
- 173 IUCN reserve management objectives
- 174 Management of reserve assigned to IUCN category if no reserve management
PART 8.3--RESERVE MANAGEMENT PLANS
- 175 What is a reserve management plan?
- 176 What is a draft reserve management plan?—pt 8.3
- 177 Draft reserve management plan—custodian to prepare
- 179 Draft reserve management plan—public consultation
- 180 Draft reserve management plan—revision and submission to
- 181 Draft reserve management plan—referral to Legislative Assembly
- 182 Draft reserve management plan—committee to report
- 183 Draft reserve management plan—Minister to approve, return or
- 184 Draft reserve management plan—Minister's approval and
- 185 Draft reserve management plan—Minister's direction to revise
- 186 Draft reserve management plan—Minister's rejection
- 187 Reserve management plan—minor amendments
- 188 Reserve management plan—custodian to implement
- 189 Reserve management plan—review
PART 8.4--RAMSAR WETLANDS MANAGEMENT PLANS
PART 8.5--ACCESS TO BIOLOGICAL RESOURCES IN RESERVES
- 204 What are biological resources?—pt 8.5
- 205 What are genetic resources?—pt 8.5
- 206 Who is an access provider?—pt 8.5
- 207 What is accessing biological resources?—pt 8.5
- 208 Application—certain biological resources
- 209 Offence—access biological resources
- 210 Benefit-sharing agreement—licensee required to enter
- 211 Benefit-sharing agreement—provisions
- 212 Benefit-sharing agreement—informed consent
CHAPTER 9--RESERVES—OFFENCES
PART 9.1--RESERVES--OFFENCES GENERALLY
PART 9.2--RESERVES--OFFENCES IN WILDERNESS AREAS
- 223 Offence—make road in wilderness area
- 224 Offence—use motor vehicle off road in wilderness area
- 225 Offence—excavate in wilderness area without licence
- 226 Direction to restore excavation site
- 227 Offence—fail to comply with restore excavation direction
- 228 Restoration of excavation site by Territory
PART 9.3--RESERVES--REPAIRING DAMAGE
- 229 Directions to repair damage to reserve
- 230 Offence—fail to comply with repair damage direction
- 231 Repair of damage by Territory
PART 9.4--RESERVES--OFFENCES ABOUT CLEARING NATIVE VEGETATION
- 232 What is native vegetation?—pt 9.4
- 233 What is a native vegetation area?—pt 9.4
- 234 What is clearing native vegetation?—pt 9.4
- 235 When does clearing native vegetation cause serious harm or material
- 236 Offence—clear vegetation causing serious harm
- 237 Offence—clear vegetation causing material harm
- 238 Offence—clear vegetation
- 239 Defence of appropriate diligence for offences—pt 9.4
- 240 Alternative verdicts for offences—pt 9.4
- 241 Order to restore cleared vegetation etc
- 242 Order to publicise conviction or finding of
PART 9.5--RESERVES--OFFENCES ABOUT DAMAGING LAND
- 243 What is damage to land?—pt 9.5
- 244 When does damage to land cause serious harm or material harm to
- 245 Offence—damage land causing serious harm
- 246 Offence—damage land causing material harm
- 247 Offence—damage land causing harm
- 248 Defence of appropriate diligence for offences—pt 9.5
- 249 Alternative verdicts for offences—pt 9.5
- 250 Order to rehabilitate land etc
- 251 Order to publicise conviction or finding of
PART 9.6--EXCEPTIONS TO OFFENCES
CHAPTER 10--RESERVES—PROHIBITED AND RESTRICTED ACTIVITIES
PART 10.1--RESOURCE PROTECTION AREAS
- 253 What is a resource protection area?—ch 10
- 254 Resource protection area—declaration
- 255 Resource protection area—review
PART 10.2--PROHIBITED AND RESTRICTED ACTIVITIES
- 256 Conservator may make activities declarations
- 257 Offence—carry on restricted activity in reserve
- 258 Offence—carry on prohibited activity in reserve
- 259 Conservator may close reserve
- 260 Offence—enter closed reserve
- 261 Part 10.2 exceptions
CHAPTER 11--NATURE CONSERVATION LICENCES
PART 11.1--LICENCES--PRELIMINARY
- 262 What is a nature conservation licence?
- 262A Who is an influential person for a corporation?—ch
- 263 Offence—fail to comply with condition of licence
PART 11.2--LICENCES--APPLICATION AND SUITABILITY
PART 11.3--LICENCES--DECISION
- 273 Licence—decision on application
- 274 Licence—conditions generally
- 275 Licence—conditions about native species conservation plans etc
- 276 Licence—term
- 277 Licence—form
PART 11.4--LICENCES--FINANCIAL ASSURANCE CONDITIONS
- 278 What is a financial assurance condition?
- 279 Financial assurance condition—imposition
- 280 Financial assurance condition—show cause
- 281 Financial assurance condition—licence cancellation
- 282 Financial assurance condition—claim or realisation
- 283 Financial assurance condition—notice before claim or
- 284 Financial assurance condition—recovery of extra costs
- 285 Financial assurance condition—money held by Territory
PART 11.5--LICENCES--AMENDMENT, TRANSFER AND RENEWAL
- 286 Licence—amendment initiated by conservator
- 287 Licence—application to amend licence
- 288 Licence—decision on application to amend licence
- 289 Licence—application to transfer licence
- 290 Licence—decision on application to transfer licence
- 291 Licence—application for renewal of licence
- 292 Licence—decision on application for renewal of licence
- 293 Licence—replacing when lost, stolen or destroyed
- 294 Licence—surrender
- 295 Offence—fail to notify change of name or address
- 296 Licence—conservator to change name and address
PART 11.6--LICENCES--REGULATORY ACTION
- 297 Licence—grounds for regulatory action
- 298 Licence—regulatory action
- 299 Licence—taking regulatory action
- 300 Licence—immediate suspension
- 301 Licence—effect of suspension
- 302 Offence—fail to return amended, suspended or cancelled licences
- 303 Action by conservator in relation to amended or suspended licence
PART 11.7--LICENCE--REGISTER, RECORDS AND ROYALTIES
- 304 Licence register
- 305 Licence register—correction and keeping up to date
- 306 Offence—fail to keep records
- 307 Royalty
CHAPTER 12--MANAGEMENT AGREEMENTS WITH UTILITY SUPPLIERS, LAND DEVELOPERS AND OTHERS
- 308 What are agencies and activities of
- 309 What are management objectives?—ch 12
- 310 What is a management agreement?—ch 12
- 311 Management agreement—conservator may propose
- 312 Management agreement—agency may enter or refuse
- 313 Management agreement—refusal and repairing damage
- 314 Management agreement—breach of agreement and repairing damage
CHAPTER 13--LAND DEVELOPMENT APPLICATIONS
- 315 Meaning of development—ch 13
- 316 Simplified outline
- 317 Advice about adverse environmental impacts
- 318 Requirements for conservator's advice
CHAPTER 13A--MINOR PUBLIC WORKS IN RESERVES
- 318A Minor public works code
CHAPTER 14--ENFORCEMENT
PART 14.1--DIRECTIONS
- 319 Direction to give name and address
- 320 Offence—fail to comply with direction to give name and address
- 321 Direction to produce licence or records
- 322 Offence—fail to comply with direction to produce licence or record
- 323 Direction to provide information
- 324 Offence—fail to comply with information direction
- 325 Direction to leave reserve
- 326 Offence—fail to comply with direction to leave reserve
- 327 Direction to stop vehicle containing animal or plant
- 328 Offence—fail to comply with stop vehicle direction
- 329 Urgent directions
- 330 Offence—fail to comply with urgent direction
- 331 Conservator's directions
- 332 Offence—fail to comply with conservator's direction
- 333 Treatment directions
- 334 Offence—fail to comply with treatment direction
- 335 Treatment of animal or plant by Territory
- 336 Injunctions to restrain contravention of urgent directions and conservator's
PART 14.2--ENFORCEMENT BY CONSERVATION OFFICERS
Division 14.2.1--Definitions—pt 14.2
Division 14.2.2--Powers of conservation officers
- 338 Power to enter premises
- 339 Production of identity card
- 340 Consent to entry
- 341 General powers on entry to premises
- 342 Power to seize things
- 343 Seizure and release of distressed native birds
- 344 Release of distressed animals—court orders
Division 14.2.3--Search warrants
- 345 Warrants generally
- 346 Warrants—application made other than in person
- 347 Search warrants—announcement before entry
- 348 Details of search warrant to be given to occupier etc
- 349 Occupier entitled to be present during search etc
Division 14.2.4--Return and forfeiture of things seized
- 350 Receipt for things seized
- 351 Moving things to another place for examination or processing under search
- 352 Access to things seized
- 353 Return of things seized
- 354 Forfeiture of things seized
- 355 Power to destroy unsafe things
- 356 Application for order disallowing seizure
- 357 Order for return of things seized
Division 14.2.5--Enforcement—damage and compensation
- 358 Damage etc to be minimised
- 359 Compensation for exercise of enforcement powers
CHAPTER 15--NOTIFICATION AND REVIEW OF DECISIONS
- 360 Meaning of reviewable decision—ch 15
- 361 Reviewable decision notices
- 362 Applications for review
CHAPTER 16--MISCELLANEOUS
- 363 Certain information may be kept confidential
- 364 Offences—use or divulge protected information
- 365 Acts and omissions of representatives
- 366 Criminal liability of executive officers
- 367 Evidentiary certificates
- 368 Determination of fees etc
- 370 Regulation-making power
- 371 Review of Act