Environment Protection and Biodiversity Conservation Act 1999 Act No. 91 of 1999 as amended This compilation was prepared on 18 July 2008 taking into account amendments up to Act No. 73 of 2008 Volume 2 includes: Table of Contents Sections 266B - 528 Schedule 1 Note 1 Table of Acts Act Notes Table of Amendments Notes 2 and 3 Table A The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Chapter 5-Conservation of biodiversity and heritage Part 13-Species and communities Contents Chapter 5-Conservation of biodiversity and heritage i Part 13-Species and communities i Division 5-Conservation advice, recovery plans, threat abatement plans and wildlife conservation plans 1 Subdivision AA-Approved conservation advice 1 266B Approved conservation advice for listed threatened species and listed threatened ecological communities 1 Subdivision A-Recovery plans and threat abatement plans 2 267 Simplified outline of this Subdivision 2 268 Compliance with recovery plans and threat abatement plans 3 269 Implementing recovery and threat abatement plans 3 269AA Decision whether to have a recovery plan 4 269A Making or adopting a recovery plan 6 270 Content of recovery plans 8 270A Decision whether to have a threat abatement plan 10 270B Making or adopting a threat abatement plan 12 271 Content of threat abatement plans 14 272 Eradication of non-native species 15 273 Ensuring plans are in force 15 274 Scientific Committee to advise on plans 16 275 Consultation on plans 17 276 Consideration of comments 18 277 Adoption of State plans 18 278 Publication of plans 18 279 Variation of plans by the Minister 19 280 Variation by a State or Territory of joint plans and plans adopted by the Minister 19 281 Commonwealth assistance 20 282 Scientific Committee to advise on assistance 20 283 Plans may cover more than one species etc. 21 283A Revoking a plan 21 284 Reports on preparation and implementation of plans 22 Subdivision B-Wildlife conservation plans 22 285 Wildlife conservation plans 22 286 Acting in accordance with wildlife conservation plans 23 287 Content of wildlife conservation plans 23 288 Eradication of non-native species 24 289 Scientific Committee to advise on scheduling of plans 25 290 Consultation on plans 25 291 Consideration of comments 26 292 Adoption of State plans 26 293 Publication, review and variation of plans 26 294 Variation of plans by the Minister 27 295 Variation by a State or Territory of joint plans and plans adopted by the Minister 27 296 Commonwealth assistance 28 297 Plans may cover more than one species etc. 28 298 Reports on preparation and implementation of plans 29 Subdivision C-Miscellaneous 29 299 Wildlife conservation plans cease to have effect 29 300 Document may contain more than one plan 29 300A State and Territory laws not affected 29 300B Assistance from the Scientific Committee 30 Division 6-Access to biological resources 31 301 Control of access to biological resources 31 Division 6A-Control of non-native species 32 301A Regulations for control of non-native species 32 Division 7-Aid for conservation of species in foreign countries 33 302 Aid for conservation of species in foreign countries 33 Division 8-Miscellaneous 34 303 Regulations 34 303A Exemptions from this Part 34 303AA Conditions relating to accreditation of plans, regimes and policies 35 303AB Amended policies, regimes or plans taken to be accredited 36 Part 13A-International movement of wildlife specimens 37 Division 1-Introduction 37 303BA Objects of Part 37 303BAA Certain indigenous rights not affected 37 303BB Simplified outline 38 303BC Definitions 38 Division 2-CITES species 41 Subdivision A-CITES species and CITES specimens 41 303CA Listing of CITES species 41 303CB Stricter domestic measures 42 Subdivision B-Offences and permit system 43 303CC Exports of CITES specimens 43 303CD Imports of CITES specimens 44 303CE Applications for permits 45 303CF Further information 46 303CG Minister may issue permits 46 303CH Specific conditions relating to the export or import of CITES specimens for commercial purposes 48 303CI Time limit for making permit decision 51 303CJ Duration of permits 51 303CK Register of applications and decisions 52 Subdivision C-Application of CITES 52 303CL Application of CITES-Management Authority and Scientific Authority 52 303CM Interpretation of CITES provisions 52 303CN Resolutions of the Conference of the Parties to CITES 53 Division 3-Exports of regulated native specimens 54 Subdivision A-Regulated native specimens 54 303DA Regulated native specimens 54 303DB Listing of exempt native specimens 54 303DC Minister may amend list 55 Subdivision B-Offence and permit system 56 303DD Exports of regulated native specimens 56 303DE Applications for permits 57 303DF Further information 58 303DG Minister may issue permits 58 303DH Time limit for making permit decision 60 303DI Duration of permits 61 303DJ Register of applications and decisions 61 Division 4-Imports of regulated live specimens 62 Subdivision A-Regulated live specimens 62 303EA Regulated live specimens 62 303EB Listing of specimens suitable for live import 62 303EC Minister may amend list 63 Subdivision B-Assessments relating to the amendment of the list of specimens suitable for import 64 303ED Amendment of list on the Minister's own initiative 64 303EE Application for amendment of list 65 303EF Requirement for assessments 66 303EG Timing of decision about proposed amendment 66 303EH Requesting further information 67 303EI Notice of refusal of proposed amendment 67 303EJ Reviews 67 Subdivision C-Offence and permit system 68 303EK Imports of regulated live specimens 68 303EL Applications for permits 68 303EM Further information 68 303EN Minister may issue permits 69 303EO Time limit for making permit decision 70 303EP Duration of permits 70 303EQ Register of applications and decisions 70 Subdivision D-Marking of certain specimens for the purposes of identification 71 303ER Object 71 303ES Specimens to which Subdivision applies 71 303ET Extended meaning of marking 71 303EU Secretary may make determinations about marking of specimens 72 303EV Offences 73 303EW This Subdivision does not limit conditions of permits 74 Division 5-Concepts relating to permit criteria 75 Subdivision A-Non-commercial purpose exports and imports 75 303FA Eligible non-commercial purpose exports 75 303FB Eligible non-commercial purpose imports 75 303FC Export or import for the purposes of research 76 303FD Export or import for the purposes of education 77 303FE Export or import for the purposes of exhibition 77 303FF Export or import for conservation breeding or propagation 78 303FG Export or import of household pets 78 303FH Export or import of personal items 80 303FI Export or import for the purposes of a travelling exhibition 80 Subdivision B-Commercial purpose exports and imports 80 303FJ Eligible commercial purpose exports 80 303FK Export or import from an approved captive breeding program 81 303FL Export from an approved artificial propagation program 81 303FLA Export from an approved cultivation program 82 303FM Export from an approved aquaculture program 82 303FN Approved wildlife trade operation 82 303FO Approved wildlife trade management plan 84 303FP Accredited wildlife trade management plan 86 303FQ Consultation with State and Territory agencies 88 303FR Public consultation 88 303FRA Assessments 89 303FS Register of declarations 89 303FT Additional provisions relating to declarations 90 303FU Approved commercial import program 91 Division 6-Miscellaneous 92 303GA Permit decision-controlled action, and action for which a non-Part 13A permit is required 92 303GB Exceptional circumstances permit 94 303GC Permit authorising the Secretary to export or import specimens 96 303GD Testing permit-section 303EE assessments 98 303GE Conditions of permits 99 303GF Contravening conditions of a permit 100 303GG Authorities under permits 102 303GH Transfer of permits 102 303GI Suspension or cancellation of permits 103 303GJ Review of decisions 103 303GK Permit to be produced 104 303GL Pre-CITES certificate to be produced 105 303GM Fees 105 303GN Possession of illegally imported specimens 106 303GO Regulations relating to welfare 107 303GP Cruelty-export or import of animals 108 303GQ Imports of specimens contrary to the laws of a foreign country 109 303GR Evidence 110 303GS Evidence of examiner 110 303GT Protection of witness 112 303GU Forms and declarations-persons arriving in Australia or an external Territory 112 303GV Saving of other laws 112 303GW Part not to apply to certain specimens 113 303GX Part not to apply to certain specimens used by traditional inhabitants 115 303GY When a specimen is lawfully imported 117 Part 14-Conservation agreements 118 304 Object of this Part 118 305 Minister may enter into conservation agreements 118 306 Content of conservation agreements 122 306A Conservation agreement may include declaration that actions do not need approval under Part 9 125 307 Conservation agreements to be legally binding 125 307A Conservation agreements may deal with remediation or mitigation measures 125 308 Variation and termination of conservation agreements 126 309 Publication of conservation agreements 128 310 List of conservation agreements 129 311 Commonwealth, State and Territory laws 129 312 Minister must not give preference 129 Part 15-Protected areas 130 Division 1-Managing World Heritage properties 130 Subdivision A-Simplified outline of this Division 130 313 Simplified outline of this Division 130 Subdivision B-Seeking agreement on World Heritage listing 130 314 Special provisions relating to World Heritage nominations 130 Subdivision C-Notice of submission of property for listing 131 315 Minister must give notice of submission of property for listing etc. 131 Subdivision D-Plans for listed World Heritage properties in Commonwealth areas 132 316 Making plans 132 317 Notice of plans 133 318 Commonwealth compliance with plans 133 319 Review of plans every 5 years 134 Subdivision E-Managing World Heritage properties in States and self- governing Territories 134 320 Application 134 321 Co-operating to prepare and implement plans 135 322 Commonwealth responsibilities 135 Subdivision F-Australian World Heritage management principles 135 323 Australian World Heritage management principles 135 Subdivision G-Assistance for protecting World Heritage properties 136 324 Commonwealth assistance for protecting declared World Heritage properties 136 Division 1A-Managing National Heritage places 137 Subdivision A-Preliminary 137 324A Simplified outline of this Division 137 Subdivision B-The National Heritage List 138 324C The National Heritage List 138 324D Meaning of National Heritage values 138 Subdivision BA-Inclusion of places in the National Heritage List: usual process 139 324E Simplified outline 139 324F Definitions 140 324G Meaning of assessment period 140 324H Minister may determine heritage themes for an assessment period 141 324J Minister to invite nominations for each assessment period 141 324JA Minister to give nominations to Australian Heritage Council 142 324JB Australian Heritage Council to prepare proposed priority assessment list 143 324JC Matters to be included in proposed priority assessment list 144 324JD Statement to be given to Minister with proposed priority assessment list 145 324JE The finalised priority assessment list 145 324JF Publication of finalised priority assessment list 146 324JG Australian Heritage Council to invite comments on places in finalised priority assessment list 146 324JH Australian Heritage Council to assess places on finalised priority assessment list and give assessments to Minister 147 324JI Time by which assessments to be provided to Minister 149 324JJ Decision about inclusion of a place in the National Heritage List 150 Subdivision BB-Inclusion of places in the National Heritage List: emergency process 152 324JK Simplified outline 152 324JL Minister may include place in National Heritage List if under threat 153 324JM Minister to ask Australian Heritage Council for assessment 154 324JN Publication of listing of place and inviting comments 154 324JO Australian Heritage Council to assess place and give assessment to Minister 155 324JP Time by which assessments to be provided to Minister 156 324JQ Decision about place remaining in the National Heritage List 156 Subdivision BC-Other provisions relating to the National Heritage List 159 324JR Co-ordination with Scientific Committee-Council undertaking assessment 159 324JS Co-ordination with Scientific Committee-Council given assessment to Minister 161 324K Listing process not affected by changing boundaries of a place 161 324L Removal of places or National Heritage values from the National Heritage List 162 324M Minister must consider advice of the Australian Heritage Council and public comments 163 324N Specifying one or more additional National Heritage values for a National Heritage place 164 324P National Heritage List must be publicly available 165 324Q Certain information may be kept confidential 165 324R Disclosure of Australian Heritage Council's assessments and advice 165 Subdivision C-Management plans for National Heritage places in Commonwealth areas 167 324S Management plans for National Heritage places in Commonwealth areas 167 324T Restriction on ability to make plans 168 324U Compliance with plans by the Commonwealth and Commonwealth agencies 169 324V Multiple plans in the same document 169 324W Review of plans at least every 5 years 169 Subdivision D-Management of National Heritage places in States and self-governing Territories 170 324X Plans and Commonwealth responsibilities 170 Subdivision E-The National Heritage management principles 171 324Y National Heritage management principles 171 Subdivision F-Obligations of Commonwealth agencies 171 324Z Obligation to assist the Minister and the Australian Heritage Council 171 324ZA Protecting National Heritage values of places sold or leased 172 Subdivision G-Assistance for protecting National Heritage places 173 324ZB Commonwealth assistance for protecting National Heritage places 173 Subdivision H-Reviewing and reporting on the National Heritage List 174 324ZC Reviewing and reporting on the National Heritage List 174 Division 2-Managing wetlands of international importance 175 Subdivision A-Simplified outline of this Division 175 325 Simplified outline of this Division 175 Subdivision B-Seeking agreement on Ramsar designation 176 326 Commonwealth must seek agreement before designation 176 Subdivision C-Notice of designation of wetland 176 327 Minister must give notice of designation of wetland etc. 176 Subdivision D-Plans for listed wetlands in Commonwealth areas 177 328 Making plans 177 329 Notice of plans 178 330 Commonwealth compliance with plans 179 331 Review of plans every 5 years 179 Subdivision E-Management of wetlands in States and self-governing Territories 179 332 Application 179 333 Co-operating to prepare and implement plans 180 334 Commonwealth responsibilities 180 Subdivision F-Australian Ramsar management principles 180 335 Australian Ramsar management principles 180 Subdivision G-Assistance for protecting wetlands 181 336 Commonwealth assistance for protecting declared Ramsar wetlands 181 Division 3-Managing Biosphere reserves 182 337 Definition of Biosphere reserve 182 338 Planning for management of Biosphere reserves 182 339 Commonwealth activities in Biosphere reserves 182 340 Australian Biosphere reserve management principles 182 341 Commonwealth assistance for protecting Biosphere reserves 183 Division 3A-Managing Commonwealth Heritage places 184 Subdivision A-Preliminary 184 341A Simplified outline of this Division 184 341B Extension to places etc. outside the Australian jurisdiction 184 Subdivision B-The Commonwealth Heritage List 185 341C The Commonwealth Heritage List 185 341D Meaning of Commonwealth Heritage values 185 Subdivision BA-Inclusion of places in the Commonwealth Heritage List: usual process 186 341E Simplified outline 186 341F Definitions 187 341G Meaning of assessment period 187 341H Minister to invite nominations for each assessment period 188 341J Minister to give nominations to Australian Heritage Council 188 341JA Australian Heritage Council to prepare proposed priority assessment list 190 341JB Matters to be included in proposed priority assessment list 191 341JC Statement to be given to Minister with proposed priority assessment list 191 341JD The finalised priority assessment list 192 341JE Publication of finalised priority assessment list 192 341JF Australian Heritage Council to invite comments on places in finalised priority assessment list 193 341JG Australian Heritage Council to assess places on finalised priority assessment list and give assessments to Minister 194 341JH Time by which assessments to be provided to Minister 196 341JI Decision about inclusion of a place in the Commonwealth Heritage List 196 Subdivision BB-Inclusion of places in the Commonwealth Heritage List: emergency process 199 341JJ Simplified outline 199 341JK Minister may include place in Commonwealth Heritage List if under threat 200 341JL Minister to ask Australian Heritage Council for assessment 201 341JM Publication of listing of place and inviting comments 201 341JN Australian Heritage Council to assess place and give assessment to Minister 202 341JO Time by which assessments to be provided to Minister 203 341JP Decision about place remaining in the Commonwealth Heritage List 203 Subdivision BC-Other provisions relating to the Commonwealth Heritage List 206 341JQ Co-ordination with Scientific Committee-Council undertaking assessment 206 341JR Co-ordination with Scientific Committee-Council given assessment to Minister 208 341K Listing process not affected by changing boundaries of a place 208 341L Removal of places or Commonwealth Heritage values from the Commonwealth Heritage List 209 341M Minister must consider advice of the Australian Heritage Council and public comments 210 341N Specifying one or more additional Commonwealth Heritage values for a Commonwealth Heritage place 211 341P Commonwealth Heritage List must be publicly available 212 341Q Certain information may be kept confidential 212 341R Disclosure of Australian Heritage Council's assessments and advice 213 Subdivision C-Management plans for Commonwealth Heritage places 214 341S Management plans for Commonwealth Heritage places 214 341T Endorsing management plans for Commonwealth Heritage places 216 341U Restriction on ability to make plans 216 341V Compliance with plans by the Commonwealth and Commonwealth agencies 217 341W Multiple plans in the same document 217 341X Review of plans at least every 5 years 217 Subdivision D-The Commonwealth Heritage management principles 218 341Y Commonwealth Heritage management principles 218 Subdivision E-Obligations of Commonwealth agencies 218 341Z Obligation to assist the Minister and the Australian Heritage Council 218 341ZA Heritage strategies 219 341ZB Heritage assessments and registers 220 341ZC Minimising adverse impact on heritage values 220 341ZE Protecting Commonwealth Heritage values of places sold or leased 221 Subdivision G-Assistance for protecting Commonwealth Heritage places 222 341ZG Commonwealth assistance for protecting Commonwealth Heritage places 222 Subdivision H-Reviewing and reporting on the Commonwealth Heritage List 222 341ZH Reviewing and reporting on the Commonwealth Heritage List 222 Division 4-Commonwealth reserves 224 Subdivision A-Simplified outline of this Division 224 342 Simplified outline of this Division 224 Subdivision B-Declaring and revoking Commonwealth reserves 224 343 Simplified outline of this Subdivision 224 344 Declaring Commonwealth reserves 225 345 Extent of Commonwealth reserve 227 345A Commonwealth usage rights vest in Director 227 346 Content of Proclamation declaring Commonwealth reserve 227 347 Assigning Commonwealth reserves and zones to IUCN categories 228 348 Australian IUCN reserve management principles 228 350 Revocation and alteration of Commonwealth reserves 229 351 Report before making Proclamation 230 352 What happens to Director's usage rights when Commonwealth reserve is revoked 231 Subdivision C-Activities in Commonwealth reserves 232 353 Simplified outline of this Subdivision 232 354 Activities that may be carried on only under management plan 232 354A Offences relating to activities that may only be carried on under management plan 234 355 Limits on mining operations in Commonwealth reserves 238 355A Offence relating to mining operations 240 356 Regulations controlling activities relating to Commonwealth reserves 242 356A Charges for activities in Commonwealth reserves 244 357 Managing Commonwealth reserves while a management plan is not in operation 244 358 Restriction on disposal of Director's interests in Commonwealth reserves 245 359 Prior usage rights relating to Commonwealth reserves continue to have effect 246 359A Traditional use of Commonwealth reserves by indigenous persons 246 359B Director's approval of actions and mining operations when a management plan is not in operation 247 Subdivision D-Complying with management plans for Commonwealth reserves 249 361 Simplified outline of this Subdivision 249 362 Commonwealth and Commonwealth agencies to comply with management plan for Commonwealth reserve 249 363 Resolving disagreement between land council and Director over implementation of plan 250 364 Resolving disagreement between Director and Board over implementation of plan 251 Subdivision E-Approving management plans for Commonwealth reserves 252 365 Simplified outline of this Subdivision 252 366 Obligation to prepare management plans for Commonwealth reserves 253 367 Content of a management plan for a Commonwealth reserve 254 368 Steps in preparing management plans for Commonwealth reserves 256 369 Resolving disagreements between Director and Board in planning process 259 370 Approval of management plans for Commonwealth reserves 259 371 Approved management plans are disallowable instruments 261 372 Amendment and revocation of management plans for Commonwealth reserves 261 373 Expiry of management plans for Commonwealth reserves 261 Subdivision F-Boards for Commonwealth reserves on indigenous people's land 262 374 Simplified outline of this Subdivision 262 375 Application 262 376 Functions of a Board for a Commonwealth reserve 262 377 Minister must establish Board if land council or traditional owners agree 263 378 Altering the constitution of a Board or abolishing a Board 264 379 Appointment of Board members 265 379A Fit and proper person 266 380 Terms and conditions 266 381 Remuneration 266 382 Termination of appointments of Board members 267 383 Procedure of a Board 269 Subdivision G-Special rules for some Commonwealth reserves in the Northern Territory or Jervis Bay Territory 270 384 Simplified outline of this Subdivision 270 385 Activities in Commonwealth reserve without management plan 270 386 What are the Kakadu region and the Uluru region? 270 387 No mining operations in Kakadu National Park 271 388 Establishment and development of townships in the Kakadu region and Uluru region 271 389 Planning for townships 272 390 Special rules to protect Aboriginal interests in planning process 273 390A Appointment of Northern Territory nominee to Board 275 Division 5-Conservation zones 277 390B Simplified outline of this Division 277 390C Object of this Division 277 390D Proclamation of conservation zones 277 390E Regulating activities generally 278 390F Charges for activities in conservation zones 280 390G Other laws and regulations made for this Division 280 390H Prior usage rights relating to conservation zones continue to have effect 280 390J Revoking and altering conservation zones 281 Chapter 5A-The List of Overseas Places of Historic Significance to Australia 283 Part 15A-The List of Overseas Places of Historic Significance to Australia 283 390K The List of Overseas Places of Historic Significance to Australia 283 390L Inclusion of places in the List of Overseas Places of Historic Significance to Australia 283 390M Removal of places from the List of Overseas Places of Historic Significance to Australia or variation of statement of historic significance 283 390N Inviting comments from other Ministers before taking action 284 390P Minister may ask Australian Heritage Council for advice etc. 284 390Q List of Overseas Places of Historic Significance to Australia to be publicly available 285 390R Disclosure of Australian Heritage Council's assessments and advice 285 Chapter 6-Administration 286 Part 16-Precautionary principle and other considerations in making decisions 286 391 Minister must consider precautionary principle in making decisions 286 391A Minister must consider information in the Register of the National Estate in making decisions 288 Part 17-Enforcement 289 Division 1-Wardens, rangers and inspectors 289 Subdivision A-Wardens and rangers 289 392 Appointment of wardens and rangers 289 393 Arrangements for certain officers or employees to exercise powers etc. of wardens or rangers 289 394 Wardens ex officio 290 395 Identity cards 290 Subdivision B-Inspectors 290 396 Appointment of inspectors 290 397 Inspectors ex officio 291 398 Arrangements for State and Territory officers to be inspectors 291 399 Identity cards 292 Subdivision BA-Exercise of powers of authorised officers outside the territorial sea 292 399A Powers to be exercised consistently with UNCLOS 292 Subdivision C-Miscellaneous 293 400 Regulations may give wardens, rangers and inspectors extra powers, functions and duties 293 401 Impersonating authorised officers and rangers 293 402 Offences against authorised officers and rangers 294 Division 2-Boarding of vessels etc. and access to premises 296 403 Boarding of vessels etc. by authorised officers 296 404 Authorised officers to produce identification 298 405 Access to premises 299 406 Powers of authorised officers 300 406A Searches under paragraph 406(1)(ba) 302 406B Thing taken into possession is not a thing seized 303 Division 3-Monitoring of compliance 304 407 Monitoring powers 304 407A Operation of electronic equipment at premises 305 407B Compensation for damage to electronic equipment 308 408 Monitoring searches with occupier's consent 308 409 Monitoring warrants 310 409A Monitoring warrants by telephone or other electronic means 311 409B Executing officer to be in possession of warrant 313 410 Details of monitoring warrant to be given to occupier etc. 313 411 Occupier entitled to be present during search 314 412 Announcement before entry 314 412A Other powers when on premises under monitoring warrant 315 Division 4-Search warrants 316 413 When search warrants can be issued 316 414 Statements in warrants 317 415 Powers of magistrate 319 416 Warrants by telephone or other electronic means 319 417 The things that are authorised by a search warrant 321 418 Availability of assistance, and use of force, in executing a warrant 324 418A Executing officer to be in possession of warrant 324 419 Details of warrant to be given to occupier etc. 324 420 Specific powers available to person executing warrant 325 421 Use of equipment to examine or process things 325 422 Use of electronic equipment at premises 326 423 Compensation for damage to electronic equipment 328 424 Copies of seized things to be provided 329 425 Occupier entitled to be present during search 329 426 Receipts for things seized under warrant 330 427 Restrictions on personal searches 330 428 When a thing is in the possession of a person 330 Division 6-Arrest and related matters 331 430 Powers of arrest 331 431 Power to conduct a frisk search of an arrested person 331 432 Power to conduct an ordinary search of an arrested person 332 433 Power to conduct search of arrested person's premises 332 433A Interaction of this Division with Schedule 1 332 Division 6A-Provisions relating to detention of suspected foreign offenders 333 433B Provisions relating to detention of suspected foreign offenders 333 Division 7-Miscellaneous provisions about searches, entry to premises, warrants etc. 334 434 Conduct of ordinary searches and frisk searches 334 435 Announcement before entry 334 436 Offence of making false statements in warrants 334 437 Offences relating to telephone warrants 334 438 Retention of things seized under Division 4 or 6 335 440 Law relating to legal professional privilege not affected 336 441 Other laws about search, arrest etc. not affected 336 442 Persons to assist authorised officers 336 Division 8-Power to search goods, baggage etc. 338 443 Power to search goods, baggage etc. 338 Division 8A-Power to ask questions about specimens 339 443A Authorised officer may ask questions about the nature or origin of specimens 339 Division 9-Power to ask for names and addresses 341 444 Authorised person may ask for person's name and address 341 Division 10-Seizure and forfeiture etc. 342 Subdivision AA-Seizure of specimens involved in a contravention of Part 13A 342 444A Seizure of specimens involved in a contravention of Part 13A 342 444B Notice about seizure 342 444C Applications for return of specimen 343 444D Court action for return of specimen 343 444E Consignment of specimen with consent of owner 344 444G Retention of specimen 345 444H Forfeiture of specimen after end of retention period 346 Subdivision A-Seizure of things (other than specimens involved in a contravention of Part 13A) 347 445 Seizure of things (other than specimens involved in a contravention of Part 13A) 347 446 Retention of things seized under this Subdivision 347 Subdivision B-Disposal of seized items 350 449 Immediate disposal of seized items 350 449A Disposal of seized items if Secretary cannot locate or identify person entitled etc. 351 Subdivision BA-Release of seized items to owner etc. 352 449BA Release of seized items to owner etc. 352 449BB How this Part applies in relation to things released conditionally 352 Subdivision C-Forfeiture of seized items 353 450 Court-ordered forfeiture: order by court dealing with offence proceedings 353 450A Court-ordered forfeiture: other situations 353 450B Forfeiture of seized items by consent etc. 354 451 Dealings in forfeited items 355 452 Delivery of forfeited items to the Commonwealth 355 Subdivision F-Keeping of organisms or specimens that have been seized 356 453 Keeping of organisms or specimens retained under this Part 356 454 Recovery of costs of storing or keeping organisms or specimens 356 Subdivision G-Rescuing things 357 455 Rescuing things 357 456 Breaking or destroying things or documents to prevent seizure etc. 357 Subdivision H-Seizure of cages or containers 357 456AA Power to seize cages or containers containing seizable things 357 456AB Retention of seized cage or container 358 456AC Retention of non-seizable things contained in seized cages or containers 359 Division 11-Powers of pursuit 361 457 Power to pursue persons etc. 361 Division 12-Environmental audits 362 458 Directed environmental audits 362 459 Appointment of auditor and carrying out of audit 363 460 Nature of directed environmental audit 363 461 Audit reports 364 462 Directed environmental audits do not affect other audit obligations 365 Division 13-Conservation orders 366 Subdivision A-Simplified outline 366 463 Simplified outline of this Division 366 Subdivision B-Making and reviewing conservation orders 366 464 Minister may make conservation orders 366 465 Duration of conservation orders 367 466 Reviews of conservation orders 367 467 Publication of conservation orders 368 468 Application for reconsideration of conservation orders or decisions on review 369 469 Reconsideration of conservation orders and decisions on review 369 Subdivision C-Complying with conservation orders 370 470 Contravening conservation orders is an offence 370 471 Minister to consider proposed actions etc. 371 472 Contents of notices of advice 371 473 Review by the Administrative Appeals Tribunal 371 474 Assistance in complying with conservation orders 372 Division 14-Injunctions 373 475 Injunctions for contravention of the Act 373 476 Injunctions for contraventions of conservation agreements 375 477 Discharge of injunctions 376 479 Certain considerations for granting injunctions not relevant 376 480 Powers conferred are in addition to other powers of the Court 377 Division 14A-Federal Court's power to make remediation orders 378 480A Remediation orders 378 480B Discharge of remediation orders 379 480C Powers conferred are in addition to other powers of the Court 379 Division 14B-Minister's power to make remediation determinations 380 Subdivision A-Making of remediation determinations 380 480D Minister may make remediation determination 380 480E Contents of a remediation determination 380 480F Notifying owners and occupiers of land of proposed remediation determination 381 480G Notifying that remediation determination has been made 382 480H Duration of remediation determinations 382 480J Ministerial reconsideration of remediation determinations 382 Subdivision B-Federal Court may set aside remediation determination 383 480K Applying to Federal Court to have remediation determination set aside 383 Subdivision C-Complying with remediation determinations 384 480L Federal Court may order compliance with remediation determination 384 480M Civil penalty for contravention of remediation determination 384 Subdivision D-Variation or revocation of remediation determinations 385 480N Variation or revocation of remediation determination 385 Division 15-Civil penalties 386 Subdivision A-Obtaining an order for a civil penalty 386 481 Federal Court may order person to pay pecuniary penalty for contravening civil penalty provision 386 482 What is a civil penalty provision? 387 483 Contravening a civil penalty provision is not an offence 387 484 Persons involved in contravening civil penalty provision 387 485 Recovery of a pecuniary penalty 387 Subdivision B-Civil penalty proceedings and criminal proceedings 388 486A Civil proceedings after criminal proceedings 388 486B Criminal proceedings during civil proceedings 388 486C Criminal proceedings after civil proceedings 388 486D Evidence given in proceedings for penalty not admissible in criminal proceedings 388 Subdivision C-Enforceable undertakings relating to contraventions of Part 3 civil penalty provisions 389 486DA Acceptance of undertakings relating to contraventions of Part 3 civil penalty provisions 389 486DB Enforcement of undertakings 389 Division 15A-Notices to produce or attend 390 486E Application of Division 390 486F Minister may require person to provide information etc. 390 486G Minister may require person to appear before Minister 391 486H Persons to whom notices may not be given 391 486J Self-incrimination 392 Division 16-Review of administrative decisions 393 487 Extended standing for judicial review 393 488 Applications on behalf of unincorporated organisations 394 Division 17-Duty to provide accurate information 395 489 Providing false or misleading information to obtain approval or permit 395 490 Providing false or misleading information in response to a condition on an approval or permit 396 491 Providing false or misleading information to authorised officer etc. 396 Division 18-Liability of executive officers for corporations 398 493 Who is an executive officer of a body corporate? 398 494 Civil penalties for executive officers of bodies corporate 398 495 Criminal liability of executive officers of bodies corporate 398 496 Did an executive officer take reasonable steps to prevent contravention? 400 Division 18A-Liability of landholders for other people's actions 402 496A Who is a landholder? 402 496B Civil penalties for landholders 402 496C Criminal liability of landholders 402 496D Did a landholder take reasonable steps to prevent a contravention? 403 Division 19-Infringement notices 405 497 Infringement notices 405 Division 20-Publicising contraventions 406 498 Minister may publicise contraventions of this Act or the regulations 406 Division 21-Immunity of officers 407 498A Immunity of officers and assistants 407 Division 22-Conduct of directors, employees and agents 408 498B Conduct of directors, employees and agents 408 Part 18-Remedying environmental damage 411 499 Commonwealth powers to remedy environmental damage 411 500 Liability for loss or damage caused by contravention 412 501 Other powers not affected 413 Part 19-Organisations 414 Division 1-Establishment and functions of the Threatened Species Scientific Committee 414 502 Establishment 414 503 Functions of the Committee 414 Division 2-Establishment and functions of the Biological Diversity Advisory Committee 415 504 Establishment 415 505 Functions of the Committee 416 Division 2A-Indigenous Advisory Committee 417 505A Establishment 417 505B Functions of the Committee 417 Division 3-Members and procedures of Committees 418 506 Application 418 507 Terms and conditions 418 508 Remuneration 418 509 Termination of appointments of Committee members 419 510 Procedure of a Committee 420 Division 4-Advisory committees 421 511 Minister may establish advisory committees 421 512 Appointments 421 513 Members of advisory committees 421 514 Committee procedure 421 Division 5-Director of National Parks 423 Subdivision A-Establishment, functions and powers 423 514A Continuation 423 514B Functions 423 514C Powers 424 514D Requirements relating to functions and powers 425 Subdivision B-Constitution of Director of National Parks 426 514E Constitution 426 514F Appointment 426 514G Acting appointments 427 Subdivision C-Terms and conditions of appointment 427 514H Term of office 427 514J Remuneration 427 514K Outside employment 428 514L Disclosure of interests 428 514M Leave of absence 428 514N Resignation 428 514P Termination 428 514Q Other terms and conditions 429 Subdivision D-Australian National Parks Fund 429 514R Australian National Parks Fund 429 514S Payments to Australian National Parks Fund 429 514T Application of money 430 Subdivision E-Accountability 430 514U Modification of the Commonwealth Authorities and Companies Act 1997 430 514V Extra matters to be included in annual report 431 Subdivision F-Miscellaneous 431 514W Exemption from taxation 431 514X Changes in office of Director 431 Part 20-Delegation 432 515 Delegation 432 Part 20A-Publication of information on the Internet 433 515A Publication of information on the Internet 433 Part 21-Reporting 434 Division 1-Annual reports 434 516 Annual report on operation of Act 434 516A Annual reports to deal with environmental matters 434 Division 2-State of the environment reports 436 516B State of the environment reports 436 Chapter 7-Miscellaneous 437 Part 22-Miscellaneous 437 517 Determinations of species 437 517A Exemption for activities that might harm particular species introduced into particular areas 437 518 Non-compliance with time limits 439 519 Compensation for acquisition of property 440 520 Regulations 441 520A Statements about the application of the Act 442 521 Fees and charges must not be taxes 442 522 Financial assistance etc. to be paid out of appropriated money 442 522A Review of operation of Act 443 Chapter 8-Definitions 444 Part 23-Definitions 444 Division 1-Some definitions relating to particular topics 444 Subdivision A-Actions 444 523 Actions 444 524 Things that are not actions 444 524A Provision of grant funding is not an action 445 Subdivision B-Areas 445 525 Commonwealth areas 445 Subdivision C-Entities 446 526 Subsidiaries of bodies corporate 446 Subdivision D-Criminal law 447 527 Convictions 447 Subdivision E-Specimens 447 527A Specimens 447 527B Breeding in captivity 448 527C Artificial propagation 448 527D Things represented to be CITES specimens 449 Subdivision F-Impacts 450 527E Meaning of impact 450 Division 2-General list of definitions 451 528 Definitions 451 Schedule 1-Provisions relating to detention of suspected foreign offenders 473 Part 1-Preliminary 473 Division 1-Objects of this Schedule 473 1 Main objects of this Schedule 473 Division 2-Definitions 475 2 Definitions 475 Division 3-Appointment etc. of detention officers 476 3 Minister may appoint persons to be detention officers 476 4 Detention officers subject to directions 476 5 Detention officer etc. not liable to certain actions 476 Division 4-Approval of authorised officers and detention officers 477 6 The Secretary may approve authorised officers and detention officers 477 7 Persons who are authorised officers for purposes of the Migration Act 1958 are taken to be approved for this Schedule 477 Part 2-Detaining suspected foreign offenders 480 Division 1-Initial detention by an authorised officer 480 8 Power to detain 480 9 Relationship with Part IC of the Crimes Act 1914 480 Division 2-Continued detention by a detention officer 481 10 Detention officer may detain person already detained by authorised officer 481 Division 3-Detention on behalf of an authorised officer or detention officer 482 11 Detention on behalf of an authorised officer or detention officer 482 Division 4-Moving detainees 483 12 Power to move detainees 483 Division 5-End of detention 484 13 End of detention 484 Division 6-Offence of escaping from detention 485 14 Escape from detention 485 Part 3-Searching and screening detainees and screening their visitors 486 Division 1-Searches of detainees 486 15 Searches of detainees 486 Division 2-Screening of detainees 488 16 Power to conduct a screening procedure 488 Division 3-Strip searches of detainees 489 17 Power to conduct a strip search 489 18 Rules for conducting a strip search 491 Division 4-Keeping of things found by screening or strip search of detainees 494 19 Possession and retention of certain things obtained during a screening procedure or strip search 494 20 Approved officer may apply for a thing to be retained for a further period 495 21 Magistrate may order that thing be retained 496 Division 5-Screening detainees' visitors 497 22 Powers concerning entry to premises where detainee is detained 497 Division 6-Law applying to detainee in State or Territory prison etc. 499 23 Detainees held in State or Territory prisons or remand centres 499 Part 4-Detainees' rights to facilities for obtaining legal advice etc. 500 24 Detainee may have access to certain advice, facilities etc. 500 Part 5-Identifying detainees 501 Division 1-Preliminary 501 25 Definitions 501 26 Meaning of personal identifier 501 27 Limiting the types of identification tests that approved officers may carry out 503 Division 2-Identification of detainees 504 Subdivision A-Provision of personal identifiers 504 28 Detainees must provide personal identifiers 504 29 Approved officers must require and carry out identification tests 505 30 Information to be provided before carrying out identification tests 506 Subdivision B-How identification tests are carried out 506 31 General rules for carrying out identification tests 506 32 Use of force in carrying out identification tests 507 33 Identification tests not to be carried out in cruel, inhuman or degrading manner etc. 509 34 Approved officer may get help to carry out identification tests 509 35 Identification tests to be carried out by approved officer of same sex as non-citizen 509 36 Independent person to be present 509 37 Recording of identification tests 510 38 Retesting 510 Subdivision C-Obligations relating to video recordings of identification tests 512 39 Definitions 512 40 Accessing video recordings 513 41 Authorising access to video recordings 513 42 Providing video recordings 514 43 Unauthorised modification of video recordings 516 44 Unauthorised impairment of video recordings 516 45 Meanings of unauthorised modification and unauthorised impairment etc. 516 46 Destroying video recordings 517 Division 3-Identification of minors and incapable persons 518 47 Minors 518 48 Incapable persons 518 Division 4-Obligations relating to detainees' identifying information 520 Subdivision A-Preliminary 520 49 Definitions 520 50 Application 521 Subdivision B-Accessing identifying information 521 51 Accessing identifying information 521 52 Authorising access to identifying information 521 Subdivision C-Disclosing identifying information 522 53 Disclosing identifying information 522 54 Authorising disclosure of identifying information to foreign countries etc. 524 Subdivision D-Modifying and impairing identifying information 525 55 Unauthorised modification of identifying information 525 56 Unauthorised impairment of identifying information 526 57 Meanings of unauthorised modification and unauthorised impairment etc. 526 Subdivision E-Retaining identifying information 527 58 Identifying information may be indefinitely retained 527 Part 6-Disclosure of detainees' personal information 528 59 Disclosure of detainees' personal information 528 Notes 529 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 Minister to ensure there is approved conservation advice (1) The Minister must ensure that there is approved conservation advice for each listed threatened species (except one that is extinct or that is a conservation dependent species), and each listed threatened ecological community, at all times while the species or community continues to be listed. (2) For this purpose, approved conservation advice is a document, approved in writing by the Minister (and as changed from time to time in accordance with subsection (3)), that contains: (a) a statement that sets out: (i) the grounds on which the species or community is eligible to be included in the category in which it is listed; and (ii) the main factors that are the cause of it being so eligible; and (b) either: (i) information about what could appropriately be done to stop the decline of, or support the recovery of, the species or community; or (ii) a statement to the effect that there is nothing that could appropriately be done to stop the decline of, or support the recovery of, the species or community. Changing approved conservation advice (3) The Minister may, in writing, approve changes to approved conservation advice. Consultation with Scientific Committee (4) If the Minister proposes to approve a document as approved conservation advice, the Minister must consult the Scientific Committee about the document, unless its content is substantially the same as material that the Committee has previously provided to the Minister. (5) If the Minister proposes to approve a change to approved conservation advice, the Minister must consult the Scientific Committee about the change, unless the change is substantially the same as a change that the Scientific Committee has previously advised the Minister should be made. Publication requirements (6) If the Minister approves a document as approved conservation advice, the Minister must: (a) within 10 days of the approval of the document, publish the approved conservation advice on the Internet; and (b) comply with any other publication requirements of the regulations. (7) If the Minister approves a change to approved conservation advice, the Minister must: (a) within 10 days of the approval of the change, publish the advice, as changed, on the Internet; and (b) comply with any other publication requirements of the regulations. Instruments of approval are not legislative instruments (8) An instrument of approval under subsection (2) or (3) is not a legislative instrument. Subdivision A-Recovery plans and threat abatement plans 267 Simplified outline of this Subdivision The following is a simplified outline of this Subdivision: Recovery plans for listed threatened species and ecological communities and threat abatement plans for key threatening processes bind the Commonwealth and Commonwealth agencies. The Minister need ensure that a recovery plan is in force for a listed threatened species or ecological community only if the Minister decides to have a recovery plan. The Minister must decide whether to have a recovery plan for the species or community within 90 days after it becomes listed. The Minister may, at any other time, decide whether to have such a plan. The Minister need ensure a threat abatement plan is in force for a key threatening process only if the Minister decides that a plan is a feasible, effective and efficient way of abating the process. The Minister must consult before making such a decision. A recovery plan or threat abatement plan can be made by the Minister alone or jointly with relevant States and Territories, or the Minister can adopt a State or Territory plan. There must be public consultation and advice from the Scientific Committee about the plan, regardless of how it is made or adopted. 268 Compliance with recovery plans and threat abatement plans A Commonwealth agency must not take any action that contravenes a recovery plan or a threat abatement plan. 269 Implementing recovery and threat abatement plans (1) Subject to subsection (2), the Commonwealth must implement a recovery plan or threat abatement plan to the extent to which it applies in Commonwealth areas. (2) If a recovery plan or a threat abatement plan applies outside Commonwealth areas in a particular State or self-governing Territory, the Commonwealth must seek the co-operation of the State or Territory with a view to implementing the plan jointly with the State or Territory to the extent to which the plan applies in the State or Territory. 269AA Decision whether to have a recovery plan Minister has an initial obligation and then a discretion (1) The Minister must decide whether to have a recovery plan for a listed threatened species (except one that is extinct or that is a conservation dependent species) or a listed threatened ecological community within 90 days after the species or community becomes listed. The Minister may, at any other time, decide whether to have a recovery plan for the species or community. (2) In this section: (a) the decision that the Minister is required by subsection (1) to make in relation to the species or community within the 90 day period referred to in that subsection is the initial recovery plan decision; and (b) any subsequent decision that the Minister makes under subsection (1) in relation to the species or community is a subsequent recovery plan decision. Making the initial recovery plan decision (3) In making the initial recovery plan decision, the Minister must have regard to the recommendation (the initial recommendation) made by the Scientific Committee as mentioned in paragraph 189(1B)(c) in relation to the species or community. Making a subsequent recovery plan decision (unless subsection (5) applies) (4) In making a subsequent recovery plan decision in relation to the species or community, other than a decision to which subsection (5) applies: (a) the Minister must have regard to the initial recommendation in relation to the species or community; and (b) the Minister must have regard to any advice subsequently provided to the Minister by the Scientific Committee about whether there should be a recovery plan for the species or community. Changing from a decision to have a recovery plan to a decision not to have a recovery plan-additional requirements (5) If, at a time when a decision to have a recovery plan for the species or community is in force (whether or not the plan has yet been made), the Minister is proposing to make a subsequent recovery plan decision that there should not be a recovery plan for the species or community: (a) the Minister must ask the Scientific Committee for advice relating to the proposed decision; and (b) the Minister must publish a notice inviting comments on the proposed decision in accordance with subsection (7); and (c) the Minister must, in deciding whether to make the proposed decision, take account of: (i) any advice provided by the Scientific Committee in relation to the proposed decision; and (ii) subject to subsection (6), the comments the Minister receives in response to the notice referred to in paragraph (b). (6) The Minister is not required to take a comment referred to in subparagraph (5)(c)(ii) into account if: (a) the Minister does not receive the comment until after the cut- off date specified in the notice under paragraph (5)(b); or (b) the Minister considers that regulations referred to in paragraph (8)(b) have not been complied with in relation to the comment. (7) The notice referred to in paragraph (5)(b): (a) must be published in accordance with the regulations referred to in paragraph (8)(a); and (b) must set out the decision the Minister proposed to make; and (c) must invite people to make comments, to the Minister, about the proposed decision; and (d) must specify the date (the cut-off date) by which comments must be received, which must be at least 30 business days after the notice has been published as required by paragraph (a); and (e) must specify, or refer to, the manner and form requirements that, under regulations referred to in paragraph (8)(b), apply to making comments; and (f) may also include any other information that the Minister considers appropriate. (8) The regulations must provide for the following: (a) how a notice referred to in paragraph (5)(b) is to be published; (b) the manner and form for making comments. General publication requirements (9) The Minister must publish the following: (a) the Minister's initial recovery plan decision, and the reasons for it; (b) each subsequent recovery plan decision (if any), and the reasons for it. The regulations may specify how the publication is to be made. Subject to any such regulations, the publication must be made in a way that the Minister considers appropriate. Note: This subsection must be complied with, even if the Minister has already published notice of the proposed decision in accordance with subsections (5) and (7). Decisions not legislative instruments (10) An instrument making a decision under subsection (1) is not a legislative instrument. 269A Making or adopting a recovery plan Application (1) This section applies only if the Minister's most recent decision under section 269AA in relation to a listed threatened species (except one that is extinct or that is a conservation dependent species) or a listed threatened ecological community is to have a recovery plan for the species or community. Note: Subsection 273(1) sets a deadline of 3 years from the decision for ensuring that a recovery plan is in force for the species or community. Subsection 273(2) allows that period to be extended. Making a plan (2) The Minister may make a written recovery plan for the purposes of the protection, conservation and management of: (a) a listed threatened species (except one that is extinct or is a conservation dependent species); or (b) a listed threatened ecological community. Making a plan jointly with a State or Territory (3) The Minister may make a written recovery plan for the purposes of the protection, conservation and management of a listed threatened species (except one that is extinct or is a conservation dependent species) or a listed threatened ecological community jointly with one or more of the States and self-governing Territories in which the species or community occurs, or with agencies of one or more of those States and Territories. Content of a plan (4) The Minister must not make a recovery plan under subsection (2) or (3) unless the plan meets the requirements of section 270. Prerequisites to making a plan (5) Before making a recovery plan under subsection (2) or (3) for a listed threatened species or listed threatened ecological community, the Minister must: (a) consult the appropriate Minister of each State and self- governing Territory in which the species or community occurs, and in which actions that the plan would provide for would occur, with a view to: (i) taking the views of each of those States and Territories into account in making the plan under subsection (2); or (ii) making the plan jointly under subsection (3); unless the species or community occurs only in a Commonwealth area; and (b) consider the advice of the Scientific Committee given under section 274; and (c) consult about the plan and consider comments in accordance with sections 275 and 276. Limits on making a plan (6) The Minister must not make a recovery plan under subsection (2) for a species or ecological community that occurs wholly or partly outside a Commonwealth area unless the Minister is satisfied that it is not reasonably practicable, within the period of 3 years referred to in subsection 273(1), to make the plan under subsection (3) of this section with each State or Territory: (a) in which the species or community occurs; and (b) in which actions that the plan would provide for would occur, if the plan were made under subsection (2) of this section. Adopting a State or Territory plan (7) The Minister may, by instrument in writing, adopt as a recovery plan a plan made by a State, a self-governing Territory or an agency of a State or self-governing Territory (whether or not the plan is in force in the State or Territory). The Minister may adopt the plan with such modifications as are specified in the instrument. This subsection has effect subject to section 277. Note: Section 277 requires that: (a) an adopted plan have the content required for a recovery plan by section 270; and (b) there has been adequate consultation in making the plan adopted; and (c) the Minister consult the Scientific Committee about the content of the plan. Effect of adopting a plan (8) A plan adopted under subsection (7) has effect as if it had been made under subsection (2) (whether it was adopted with modifications or not). 270 Content of recovery plans (1) A recovery plan must provide for the research and management actions necessary to stop the decline of, and support the recovery of, the listed threatened species or listed threatened ecological community concerned so that its chances of long-term survival in nature are maximised. (2) In particular, a recovery plan must (subject to subsection (2A)): (a) state the objectives to be achieved (for example, removing a species or community from a list, or indefinite protection of existing populations of a species or community); and (b) state criteria against which achievement of the objectives is to be measured (for example, a specified number and distribution of viable populations of a species or community, or the abatement of threats to a species or community); and (c) specify the actions needed to achieve the objectives; and (ca) identify threats to the species or community; and (d) identify the habitats that are critical to the survival of the species or community concerned and the actions needed to protect those habitats; and (e) identify any populations of the species or community concerned that are under particular pressure of survival and the actions needed to protect those populations; and (f) state the estimated duration and cost of the recovery process; and (g) identify: (i) interests that will be affected by the plan's implementation; and (ii) organisations or persons who will be involved in evaluating the performance of the recovery plan; and (h) specify any major benefits to native species or ecological communities (other than those to which the plan relates) that will be affected by the plan's implementation; and (j) meet prescribed criteria (if any) and contain provisions of a prescribed kind (if any). (2A) A recovery plan need only address the matters mentioned in paragraphs (2)(d), (e), (f), (g) and (h) to the extent to which it is practicable to do so. (3) In making a recovery plan, regard must be had to: (a) the objects of this Act; and (b) the most efficient and effective use of the resources that are allocated for the conservation of species and ecological communities; and (c) minimising any significant adverse social and economic impacts, consistently with the principles of ecologically sustainable development; and (d) meeting Australia's obligations under international agreements between Australia and one or more countries relevant to the species or ecological community to which the plan relates; and (e) the role and interests of indigenous people in the conservation of Australia's biodiversity. 270A Decision whether to have a threat abatement plan Decision (1) The Minister may at any time decide whether to have a threat abatement plan for a threatening process in the list of key threatening processes established under section 183. The Minister must do so: (a) within 90 days of the threatening process being included in the list; and (b) within 5 years of the last decision whether to have a threat abatement plan for the process, if that decision was not to have a threat abatement plan for the process. Basis for decision (2) The Minister must decide to have a threat abatement plan for the process if he or she believes that having and implementing a threat abatement plan is a feasible, effective and efficient way to abate the process. The Minister must decide not to have a threat abatement plan if he or she does not believe that. Consultation before making a decision (3) Before making a decision under this section, the Minister must: (a) request the Scientific Committee to give advice within a specified period; and (b) take reasonable steps to request any Commonwealth agency, any State, any self-governing Territory, and any agency of a State or self-governing Territory, that would be affected by or interested in abatement of the process to give advice within a specified period; on the feasibility, effectiveness or efficiency of having and implementing a threat abatement plan to abate the process. Consulting others (4) Subsection (3) does not prevent the Minister from requesting any other person or body to give advice within a specified period on the feasibility, effectiveness or efficiency of having and implementing a threat abatement plan to abate the process. Request may be made before listing (5) A request for advice on the feasibility, effectiveness or efficiency of having and implementing a threat abatement plan to abate the process may be made before or after the process is included in the list of key threatening processes established under section 183. Time for giving advice (6) The Minister must not make a decision whether to have a threat abatement plan for the process before the end of the period within which he or she has requested a person or body to give advice on the feasibility, effectiveness or efficiency of having and implementing a threat abatement plan to abate the process. Considering views expressed in consultation (7) When the Minister is making a decision under this section, he or she must consider the advice that a person or body gave on request within the period specified in the request. Publishing decision and reasons (8) The Minister must publish in accordance with the regulations (if any): (a) a decision whether or not to have a threat abatement plan for a key threatening process; and (b) the Minister's reasons for the decision. Special rules for processes included in original list (9) Subsections (3), (4), (5), (6) and (7) do not apply in relation to a decision about a process included in the list under section 183 as first established. 270B Making or adopting a threat abatement plan Application (1) This section applies only if the Minister's most recent decision under section 270A in relation to a key threatening process is to have a threat abatement plan for the process. Note: Section 273 sets a deadline of 3 years from the decision for ensuring that a threat abatement plan is in force for the process. Making a plan (2) The Minister may make a written threat abatement plan for the purposes of reducing the effect of the process. Making a plan jointly with a State or Territory (3) The Minister may make a written threat abatement plan for the purposes of reducing the effect of the process, jointly with the States and self-governing Territories in which the process occurs or with agencies of those States and Territories. Content of a plan (4) The Minister must not make a threat abatement plan under subsection (2) or (3) unless the plan meets the requirements of section 271. Prerequisites to making a plan (5) Before making a threat abatement plan for the process under subsection (2) or (3), the Minister must: (a) consult the appropriate Minister of each State and self- governing Territory in which the process occurs, with a view to: (i) taking the views of each of those States and Territories into account in making the plan under subsection (2); or (ii) making the plan jointly under subsection (3); unless the process occurs only in a Commonwealth area; and (b) consider the advice of the Scientific Committee given under section 274; and (c) consult about the plan and consider comments in accordance with sections 275 and 276. Limits on making a plan (6) The Minister must not make a threat abatement plan under subsection (2) for a process that occurs wholly or partly outside a Commonwealth area unless the Minister is satisfied that it is not reasonably practicable to make the plan: (a) jointly with each of the States and self-governing Territories in which the process occurs; and (b) within 3 years of the decision to have the plan. Adopting a State or Territory plan (7) The Minister may, by instrument in writing, adopt as a threat abatement plan for the process a plan made by a State, a self- governing Territory or an agency of a State or self-governing Territory (whether or not the plan is in force in the State or Territory). The Minister may adopt the plan with such modifications as are specified in the instrument. This subsection has effect subject to section 277. Note: Section 277 requires that: (a) an adopted plan have the content required for a threat abatement plan by section 271; and (b) there has been adequate consultation in making the plan adopted; and (c) the Minister consult the Scientific Committee about the content of the plan. Effect of adopting a plan (8) A plan adopted under subsection (7) has effect as if it had been made under subsection (2), whether it was adopted with modifications or not. 271 Content of threat abatement plans (1) A threat abatement plan must provide for the research, management and other actions necessary to reduce the key threatening process concerned to an acceptable level in order to maximise the chances of the long-term survival in nature of native species and ecological communities affected by the process. (2) In particular, a threat abatement plan must: (a) state the objectives to be achieved; and (b) state criteria against which achievement of the objectives is to be measured; and (c) specify the actions needed to achieve the objectives; and (g) meet prescribed criteria (if any) and contain provisions of a prescribed kind (if any). (3) In making a threat abatement plan, regard must be had to: (a) the objects of this Act; and (b) the most efficient and effective use of the resources that are allocated for the conservation of species and ecological communities; and (c) minimising any significant adverse social and economic impacts consistently with the principles of ecologically sustainable development; and (d) meeting Australia's obligations under international agreements between Australia and one or more countries relevant to the species or ecological community threatened by the key threatening process that is the subject of the plan; and (e) the role and interests of indigenous people in the conservation of Australia's biodiversity. (4) A threat abatement plan may: (a) state the estimated duration and cost of the threat abatement process; and (b) identify organisations or persons who will be involved in evaluating the performance of the threat abatement plan; and (c) specify any major ecological matters (other than the species or communities threatened by the key threatening process that is the subject of the plan) that will be affected by the plan's implementation. (5) Subsection (4) does not limit the matters that a threat abatement plan may include. 272 Eradication of non-native species If: (a) the actions specified under paragraph 270(2)(c) in a recovery plan, or under paragraph 271(2)(c) in a threat abatement plan, include the eradication of a non-native species; and (b) the species is threatened in a country in which its native habitat occurs; the recovery plan, or threat abatement plan, must require the Commonwealth to offer to provide stock of the species to that country before the eradication proceeds. 273 Ensuring plans are in force When a plan comes into force (1A) A recovery plan or a threat abatement plan comes into force on the day on which it is made or adopted, or on a later day specified by the Minister in writing. Deadline for recovery plan (1) Subject to subsection (2), a recovery plan for a listed threatened species or a listed threatened ecological community must be made and in force within 3 years of the decision under section 269AA to have the plan. (2) The Minister may, in writing, extend the period within which a recovery plan must be made. Only one extension can be granted for the making of the plan, and the period of the extension must not be more than 3 years. Ensuring recovery plan is in force (3) Once the first recovery plan for a listed threatened species or a listed threatened ecological community is in force, the Minister must exercise his or her powers under this Subdivision to ensure that a recovery plan is in force for the species or community until the Minister decides under section 269AA not to have a recovery plan for the species or community. Note: The Minister may revoke a recovery plan for a listed threatened species or a listed threatened ecological community if the Minister decides under section 269AA not to have a recovery plan for the species or community. See section 283A. Deadline for threat abatement plan (4) A threat abatement plan for a key threatening process must be made and in force within 3 years of the decision under section 270A to have the plan. Ensuring threat abatement plan is in force (5) Once the first threat abatement plan for a key threatening process is in force, the Minister must exercise his or her powers under this Subdivision to ensure that a threat abatement plan is in force for the process until the Minister decides under section 270A not to have a threat abatement plan for the process. Note: The Minister may revoke a threat abatement plan for a key threatening process if the Minister decides under section 270A not to have a threat abatement plan for the process. See section 283A. 274 Scientific Committee to advise on plans (1) The Minister must obtain and consider the advice of the Scientific Committee on: (a) the content of recovery and threat abatement plans; and (b) the times within which, and the order in which, such plans should be made. (2) In giving advice about a recovery plan, the Scientific Committee must take into account the following matters: (a) the degree of threat to the survival in nature of the species or ecological community in question; (b) the potential for the species or community to recover; (c) the genetic distinctiveness of the species or community; (d) the importance of the species or community to the ecosystem; (e) the value to humanity of the species or community; (f) the efficient and effective use of the resources allocated to the conservation of species and ecological communities. (3) In giving advice about a threat abatement plan, the Scientific Committee must take into account the following matters: (a) the degree of threat that the key threatening process in question poses to the survival in nature of species and ecological communities; (b) the potential of species and ecological communities so threatened to recover; (c) the efficient and effective use of the resources allocated to the conservation of species and ecological communities. 275 Consultation on plans (1) Before making a recovery plan or threat abatement plan under this Subdivision, the Minister must: (a) take reasonable steps to ensure that copies of the proposed plan are available for purchase, for a reasonable price, at prescribed places in each State and self-governing territory; and (b) give a copy of it, together with a notice of a kind referred to in subsection (2), to the Scientific Committee; and (c) cause the notice to be published: (i) in the Gazette; and (ii) in a daily newspaper that circulates generally in each State, and self-governing Territory, in which the relevant listed threatened native species, listed threatened ecological community or key threatening process occurs; and (iii) in any other way required by the regulations (if any). (2) The notice must: (a) specify the places where copies of the proposed plan may be purchased; and (b) invite persons to make written comments about the proposed plan; and (c) specify: (i) an address for lodgment of comments; and (ii) a day by which comments must be made. (3) The day specified must not be a day occurring within 3 months after the notice is published in the Gazette. 276 Consideration of comments The Minister: (a) must, in accordance with the regulations (if any), consider all comments on a proposed recovery plan or threat abatement plan made in response to an invitation under section 275; and (b) may revise the plan to take account of those comments. 277 Adoption of State plans (1) The Minister must not adopt a plan as a recovery plan or a threat abatement plan under this Subdivision unless: (a) the Minister is satisfied that an appropriate level of consultation has been undertaken in making the plan; and (b) the plan meets the requirements of section 270 or 271, as the case requires. (2) Before adopting a plan, the Minister must obtain and consider advice from the Scientific Committee on the content of the plan. 278 Publication of plans (1) As soon as practicable after the Minister makes or adopts a recovery plan or a threat abatement plan under this Subdivision, the Minister must: (a) make copies of the plan available for purchase, for a reasonable price, at a prescribed place in each State and self- governing Territory; and (b) give notice of the making or adopting of each such plan; and (c) publish the notice: (i) in the Gazette; and (ii) in a daily newspaper that circulates generally in each State, and self-governing Territory; and (iii) in any other way required by the regulations (if any). (2) The notice must: (a) state that the Minister has made or adopted the plan; and (b) specify the day on which the plan comes into force; and (c) specify the places where copies of the plan may be purchased. 279 Variation of plans by the Minister (1) The Minister may, at any time, review a recovery plan or threat abatement plan that has been made or adopted under this Subdivision and consider whether a variation of it is necessary. (2) Each plan must be reviewed by the Minister at intervals of not longer than 5 years. (3) If the Minister considers that a variation of a plan is necessary, the Minister may, subject to subsections (4), (5), (6) and (7), vary the plan. (4) The Minister must not vary a plan, unless the plan, as so varied, continues to meet the requirements of section 270 or 271, as the case requires. (5) Before varying a plan, the Minister must obtain and consider advice from the Scientific Committee on the content of the variation. (6) If the Minister has made a plan jointly with, or adopted a plan that has been made by, a State or self-governing Territory, or an agency of a State or self-governing Territory, the Minister must seek the co-operation of that State or Territory, or that agency, with a view to varying the plan. (7) Sections 275, 276 and 278 apply to the variation of a plan in the same way that those sections apply to the making of a recovery plan or threat abatement plan. 280 Variation by a State or Territory of joint plans and plans adopted by the Minister (1) If a State or self-governing Territory varies a plan that: (a) the Minister has made jointly with the State or self-governing Territory, or an agency of the State or Territory; or (b) has been adopted by the Minister as a recovery plan or a threat abatement plan; the variation is of no effect for the purposes of this Act unless it is approved by the Minister. (2) Before approving a variation, the Minister must obtain and consider advice from the Scientific Committee on the content of the variation. (3) The Minister must not approve a variation unless satisfied that: (a) an appropriate level of consultation was undertaken in varying the plan; and (b) the plan, as so varied, continues to meet the requirements of section 270 or 271, as the case requires. (4) If the Minister approves a variation of a plan, the plan has effect as so varied on and after the date of the approval, or such later date as the Minister determines in writing. (5) Section 278 applies to the variation of a plan in the same way that it applies to the making of a recovery plan or threat abatement plan. 281 Commonwealth assistance (1) The Commonwealth may give to a State or self-governing Territory, or to an agency of a State or a self-governing Territory, financial assistance, and any other assistance, to make or implement a recovery plan or a threat abatement plan. (2) The Commonwealth may give to a person (other than a State or a self-governing Territory, or an agency of a State or Territory) financial assistance, and any other assistance, to implement a recovery plan or a threat abatement plan. (3) The giving of assistance may be made subject to such conditions as the Minister thinks fit. The Minister is to have regard to the advice of the Scientific Committee under section 282 before determining those conditions. 282 Scientific Committee to advise on assistance (1) The Scientific Committee is to advise the Minister on the conditions (if any) to which the giving of assistance under section 281 should be subject. (2) In giving advice about assistance for making or implementing a recovery plan, the Scientific Committee must take into account the following matters: (a) the degree of threat to the survival in nature of the species or ecological community in question; (b) the potential for the species or community to recover; (c) the genetic distinctiveness of the species or community; (d) the importance of the species or community to the ecosystem; (e) the value to humanity of the species or community; (f) the efficient and effective use of the resources allocated to the conservation of species and ecological communities. (3) In giving advice about assistance for making or implementing threat abatement plan, the Scientific Committee must take into account the following matters: (a) the degree of threat that the key threatening process in question poses to the survival in nature of species and ecological communities; (b) the potential of species and ecological communities so threatened to recover; (c) the efficient and effective use of the resources allocated to the conservation of species and ecological communities. 283 Plans may cover more than one species etc. (1) A recovery plan made or adopted under this Subdivision may deal with one or more listed threatened species and/or one or more listed ecological communities. (2) A threat abatement plan made or adopted under this Subdivision may deal with one or more key threatening processes. 283A Revoking a plan (1) The Minister may, by legislative instrument: (a) revoke a recovery plan for a listed threatened species or a listed threatened ecological community if the Minister decides under section 269AA not to have a recovery plan for the species or community; or (b) revoke a threat abatement plan for a key threatening process if the Minister decides under section 270A not to have a threat abatement plan for the process. (2) The Minister must publish in accordance with the regulations (if any): (a) the instrument revoking the plan; and (b) the Minister's reasons for revoking the plan. 284 Reports on preparation and implementation of plans The Secretary must include in each annual report a report on the making and adoption under this Subdivision of each recovery plan and threat abatement plan during the year to which the report relates. Subdivision B-Wildlife conservation plans 285 Wildlife conservation plans (1) Subject to this section, the Minister may make, by instrument in writing, and implement a wildlife conservation plan for the purposes of the protection, conservation and management of the following: (a) a listed migratory species that occurs in Australia or an external Territory; (b) a listed marine species that occurs in Australia or an external Territory; (c) a species of cetacean that occurs in the Australian Whale Sanctuary; (d) a conservation dependent species. (2) The Minister must not make a wildlife conservation plan for a species that is a listed threatened species (except a conservation dependent species). (3) Subject to section 292, the Minister may, by instrument in writing, adopt a plan that has been made by a State or a self- governing Territory, or by an agency of a State or self-governing Territory, as a wildlife conservation plan. The Minister may adopt a plan with such modifications as are specified in the instrument. (4) A plan, as modified and adopted under subsection (2), has effect as if the plan had been made by the Minister under subsection (1). (5) The Minister must seek the co-operation of the States and self- governing Territories in which: (a) a listed migratory species occurs; or (b) a listed marine species occurs; or (c) a species of cetacean occurs; or (d) a conservation dependent species occurs; with a view to making and implementing jointly with those States and Territories, or agencies of those States or Territories, a joint wildlife conservation plan unless the species occurs only in a Commonwealth area. (6) Before making a wildlife conservation plan under subsection (1) or (5), the Minister must: (a) consider the advice of the Scientific Committee given under section 289; and (b) consult about the plan in accordance with sections 290 and 291. (7) A wildlife conservation plan comes into force on the day on which it is made or adopted, or on such later day as the Minister specifies in writing. 286 Acting in accordance with wildlife conservation plans A Commonwealth agency must take all reasonable steps to act in accordance with a wildlife conservation plan. 287 Content of wildlife conservation plans (1) A wildlife conservation plan must provide for the research and management actions necessary to support survival of the migratory species, marine species, species of cetacean or conservation dependent species concerned. (2) In particular, a wildlife conservation plan must: (a) state the objectives to be achieved; and (b) state criteria against which achievement of the objectives is to be measured; and (c) specify the actions needed to achieve the objectives; and (d) identify the habitats of the species concerned and the actions needed to protect those habitats; and (e) identify: (i) interests that will be affected by the plan's implementation; and (ii) organisations or persons who will be involved in evaluating the performance of the plan; and (f) specify any major benefits to migratory species, marine species, species of cetacean or conservation dependent species (other than those to which the plan relates) that will be affected by the plan's implementation; and (g) meet prescribed criteria (if any) and contain provisions of a prescribed kind (if any). (3) In making a wildlife conservation plan, regard must be had to: (a) the objects of this Act; and (b) the most efficient and effective use of the resources that are allocated for the conservation of migratory species, marine species, species of cetacean and conservation dependent species; and (c) minimising any significant adverse social and economic impacts, consistently with the principles of ecologically sustainable development; and (d) meeting Australia's obligations under international agreements between Australia and one or more countries relevant to the migratory species, marine species, species of cetacean or conservation dependent species to which the plan relates; and (e) the role and interests of indigenous people in the conservation of Australia's biodiversity. 288 Eradication of non-native species If: (a) the actions specified under section 287 in a wildlife conservation plan include the eradication of a non-native species; and (b) the species is threatened in a country in which its native habitat occurs; the wildlife conservation plan must require the Commonwealth to offer to provide stock of the species to that country before the eradication proceeds. 289 Scientific Committee to advise on scheduling of plans (1) The Minister may seek advice from the Scientific Committee on the need for wildlife conservation plans and the order in which they should be made. (1A) The Scientific Committee may advise the Minister on its own initiative to make a wildlife conservation plan for a specified species described in subsection 285(1). (2) In giving advice under subsection (1) or (1A), the Scientific Committee must take into account the resources available for making plans. (3) Before making a plan, the Minister must obtain and consider advice from the Scientific Committee on the content of the plan. 290 Consultation on plans (1) Before making a wildlife conservation plan under subsection 285(1) or (5), the Minister must: (a) take reasonable steps to ensure that copies of the proposed plan are available for purchase, for a reasonable price, at prescribed places in each State and self-governing Territory; and (b) give a copy of it, together with a notice of a kind referred to in subsection (2), to the Scientific Committee; and (c) cause the notice to be published: (i) in the Gazette; and (ii) in a daily newspaper that circulates generally in each State, and self-governing Territory; and (iii) in any other way required by the regulations (if any). (2) The notice must: (a) specify the places where copies of the proposed plan may be purchased; and (b) invite persons to make written comments about the proposed plan; and (c) specify: (i) an address for lodgment of comments; and (ii) a day by which comments must be made. (3) The day specified must not be a day occurring within 3 months after the notice is published in the Gazette. 291 Consideration of comments The Minister: (a) must, in accordance with the regulations (if any), consider all comments on a proposed wildlife conservation plan made in response to an invitation under section 290; and (b) may revise the plan to take account of those comments. 292 Adoption of State plans (1) The Minister must not adopt a plan as a wildlife conservation plan under subsection 285(3) unless: (a) the Minister is satisfied that an appropriate level of consultation has been undertaken in making the plan; and (b) the plan meets the requirements of section 287. (2) Before adopting a plan, the Minister must obtain and consider advice from the Scientific Committee on the content of the plan. 293 Publication, review and variation of plans (1) As soon as practicable after the Minister makes or adopts a wildlife conservation plan under section 285, the Minister must: (a) make copies of the plan available for purchase, for a reasonable price, at a prescribed place in each State and self- governing Territory; and (b) give notice of the making or adoption of each such plan; and (c) publish the notice: (i) in the Gazette; and (ii) in a daily newspaper that circulates generally in each State, and self-governing Territory; and (iii) in any other way required by the regulations (if any). (2) The notice must: (a) state that the Minister has made or adopted the plan; and (b) specify the day on which the plan comes into force; and (c) specify the places where copies of the plan may be purchased. 294 Variation of plans by the Minister (1) The Minister may, at any time, review a wildlife conservation plan that has been made or adopted under section 285 and consider whether a variation of it is necessary. (2) Each plan must be reviewed by the Minister at intervals of not longer than 5 years. (3) If the Minister considers that a variation of a plan is necessary, the Minister may, subject to subsections (4), (5), (6) and (7) vary the plan. (4) The Minister must not vary a plan, unless the plan, as so varied, continues to meet the requirements of section 287. (5) Before varying a plan, the Minister must obtain and consider advice from the Scientific Committee on the content of the variation. (6) If the Minister has made a plan jointly with, or adopted a plan that has been made by, a State or self-governing Territory, or an agency of a State or self-governing Territory, the Minister must seek the co-operation of that State or Territory, or that agency, with a view to varying the plan. (7) Sections 290, 291 and 293 apply to the variation of a plan in the same way that those sections apply to the making of a wildlife conservation plan. 295 Variation by a State or Territory of joint plans and plans adopted by the Minister (1) If a State or self-governing Territory varies a plan that: (a) the Minister has made jointly with the State or self-governing Territory, or an agency of the State or Territory; or (b) has been adopted by the Minister as a wildlife conservation plan; the variation is of no effect for the purposes of this Act unless it is approved by the Minister. (2) Before approving a variation, the Minister must obtain and consider advice from the Scientific Committee on the content of the variation. (3) The Minister must not approve a variation under subsection (1) unless satisfied: (a) an appropriate level of consultation was undertaken in varying the plan; and (b) the plan, as so varied, continues to meet the requirements of section 287. (4) If the Minister approves a variation of a plan, the plan has effect as so varied on and after the date of the approval, or such later date as the Minister determines in writing. (5) Section 293 applies to the variation of a plan in the same way that it applies to the making of a wildlife conservation plan. 296 Commonwealth assistance (1) The Commonwealth may give to a State or self-governing Territory, or to an agency of a State or a self-governing Territory, financial assistance, and any other assistance, to make a wildlife conservation plan. (2) The Commonwealth may give to a person (other than a State or a self-governing Territory, or an agency of a State or Territory) financial assistance, and any other assistance, to implement a wildlife conservation plan. (3) The giving of assistance may be made subject to such conditions as the Minister thinks fit. 297 Plans may cover more than one species etc. A wildlife conservation plan made or adopted under this Subdivision may deal with all or any of the following: (a) one or more listed migratory species; (b) one or more listed marine species; (c) one or more species of cetacean; (d) one or more conservation dependent species. 298 Reports on preparation and implementation of plans The Secretary must include in each annual report a report on the making and adoption under section 285 of each wildlife conservation plan during the year to which the report relates. Subdivision C-Miscellaneous 299 Wildlife conservation plans cease to have effect If: (a) a wildlife conservation plan is in force for all or any of the following: (i) a listed migratory species; (ii) a listed marine species; (iii) a species of cetacean; and (b) the species becomes a listed threatened species (except a conservation dependent species); the wildlife conservation plan ceases to have effect in relation to the species on and from the day on which the species becomes a listed threatened species as mentioned in paragraph (b). 300 Document may contain more than one plan (1) All or any of the plans made under this Division may be included in the same document. (2) All or any of the plans adopted under this Division may be included in the same instrument of adoption. 300A State and Territory laws not affected Sections 269A, 270A, 270B, 273 and 285 do not exclude or limit the concurrent operation of a law of a State or self-governing Territory. 300B Assistance from the Scientific Committee (1) The Minister may, at any time, ask the Scientific Committee to provide the Minister with a statement, information or advice for the purpose of assisting the Minister in the performance or exercise of the Minister's functions or powers under section 266B, 269AA or 270A. (2) The Scientific Committee may, at any time, provide the Minister with a statement, information or advice for the purpose of assisting the Minister in the performance or exercise of the Minister's functions or powers under section 266B, 269AA or 270A (whether or not the Committee is acting in response to a request under subsection (1) of this section). Division 6-Access to biological resources 301 Control of access to biological resources (1) The regulations may provide for the control of access to biological resources in Commonwealth areas. (2) Without limiting subsection (1), the regulations may contain provisions about all or any of the following: (a) the equitable sharing of the benefits arising from the use of biological resources in Commonwealth areas; (b) the facilitation of access to such resources; (c) the right to deny access to such resources; (d) the granting of access to such resources and the terms and conditions of such access. Division 6A-Control of non-native species 301A Regulations for control of non-native species The regulations may: (a) provide for the establishment and maintenance of a list of species, other than native species, whose members: (i) do or may threaten biodiversity in the Australian jurisdiction; or (ii) would be likely to threaten biodiversity in the Australian jurisdiction if they were brought into the Australian jurisdiction; and (b) regulate or prohibit the bringing into the Australian jurisdiction of members of a species included in the list mentioned in paragraph (a); and (c) regulate or prohibit trade in members of a species included in the list mentioned in paragraph (a): (i) between Australia and another country; or (ii) between 2 States; or (iii) between 2 Territories; or (iv) between a State and a Territory; or (v) by a constitutional corporation; and (d) regulate and prohibit actions: (i) involving or affecting members of a species included in the list mentioned in paragraph (a); and (ii) whose regulation or prohibition is appropriate and adapted to give effect to Australia's obligations under an agreement with one or more other countries; and (e) provide for the making and implementation of plans to reduce, eliminate or prevent the impacts of members of species included in the list mentioned in paragraph (a) on biodiversity in the Australian jurisdiction. Division 7-Aid for conservation of species in foreign countries 302 Aid for conservation of species in foreign countries On behalf of the Commonwealth, the Minister may give financial assistance to the governments of foreign countries and organisations in foreign countries to help the recovery and conservation, in those countries, of species covered by international agreements to which Australia is a party. Division 8-Miscellaneous 303 Regulations (1) The regulations may make provision for the conservation of biodiversity in Commonwealth areas. (2) In particular, the regulations may prohibit or regulate actions affecting a member of a native species in a Commonwealth area. This does not limit subsection (1). 303A Exemptions from this Part (1) A person proposing to take an action that would contravene a provision of this Part apart from this section may apply in writing to the Minister for an exemption from the provision. (2) The Minister must decide within 20 business days of receiving the application whether or not to grant the exemption. (3) The Minister may, by written notice, exempt a specified person from the application of a specified provision of this Part in relation to a specified action. (4) The Minister may do so only if he or she is satisfied that it is in the national interest that the provision not apply in relation to the person or the action. (5) In determining the national interest, the Minister may consider Australia's defence or security or a national emergency. This does not limit the matters the Minister may consider. (6) A provision specified in the notice does not apply in relation to the specified person or action on or after the day specified in the notice. The Minister must not specify a day earlier than the day the notice is made. (7) Within 10 business days after making the notice, the Minister must: (a) publish a copy of the notice and his or her reasons for granting the exemption in accordance with the regulations; and (b) give a copy of the notice to the person specified in the notice. 303AA Conditions relating to accreditation of plans, regimes and policies (1) This section applies to an accreditation of a plan, regime or policy under section 208A, 222A, 245 or 265. (2) The Minister may accredit a plan, regime or policy under that section even though he or she considers that the plan, regime or policy should be accredited only: (a) during a particular period; or (b) while certain circumstances exist; or (c) while a certain condition is complied with. In such a case, the instrument of accreditation is to specify the period, circumstances or condition. (3) If an accreditation specifies a particular period as mentioned in subsection (2), the accreditation ceases to be in force at the end of that period. (4) If an accreditation specifies circumstances as mentioned in subsection (2), the Minister must, in writing, revoke the accreditation if he or she is satisfied that those circumstances have ceased to exist. (5) The Minister may, in writing, vary an accreditation by: (a) specifying one or more conditions (or further conditions) to which the accreditation is subject; or (b) revoking or varying a condition: (i) specified in the instrument of accreditation; or (ii) specified under paragraph (a). (6) A condition may relate to reporting or monitoring. (7) The Minister must, in writing, revoke an accreditation if he or she is satisfied that a condition of the accreditation has been contravened. 303AB Amended policies, regimes or plans taken to be accredited (1) If: (a) a plan, regime or policy is accredited under section 208A, 222A, 245 or 265; and (b) the plan, regime or policy is amended, or is proposed to be amended; and (c) the Minister is satisfied that the amendments are, or will be, minor; and (d) the Minister is satisfied that the plan, regime or policy as amended meets, or will meet, the requirements of subsection 208A(1), 222A(1), 245(1) or 265(1) (as the case may be); the Minister may, by instrument in writing, determine that this subsection applies to the amendments. (2) If the Minister makes a determination under subsection (1), the plan, regime or policy as amended is, for the purposes of this Act, taken to be accredited under subsection 208A(1), 222A(2), 245(1) or 265(1) (as the case may be). (3) A determination under subsection (1) of this section is not a legislative instrument. Part 13A-International movement of wildlife specimens Division 1-Introduction 303BA Objects of Part (1) The objects of this Part are as follows: (a) to ensure that Australia complies with its obligations under CITES and the Biodiversity Convention; (b) to protect wildlife that may be adversely affected by trade; (c) to promote the conservation of biodiversity in Australia and other countries; (d) to ensure that any commercial utilisation of Australian native wildlife for the purposes of export is managed in an ecologically sustainable way; (e) to promote the humane treatment of wildlife; (f) to ensure ethical conduct during any research associated with the utilisation of wildlife; (h) to ensure that the precautionary principle is taken into account in making decisions relating to the utilisation of wildlife. Note: CITES means the Convention on International Trade in Endangered Species-see section 528. (2) In order to achieve its objects, this Part includes special provisions to conserve the biodiversity of Australian native wildlife. 303BAA Certain indigenous rights not affected To avoid doubt, nothing in this Part prevents an indigenous person from continuing in accordance with law the traditional use of an area for: (a) hunting (except for the purposes of sale); or (b) food gathering (except for the purposes of sale); or (c) ceremonial or religious purposes. 303BB Simplified outline The following is a simplified outline of this Part: . This Part sets up a system for regulating the international movement of wildlife specimens. . A CITES specimen is a specimen of a species included in Appendix I, II or III to the Convention on International Trade in Endangered Species (CITES). . It is an offence to export or import a CITES specimen unless: (a) the exporter or importer holds a permit; or (b) an exemption applies. . A regulated native specimen is a specimen of a native species subject to export control under this Part. . It is an offence to export a regulated native specimen unless: (a) the exporter holds a permit; or (b) an exemption applies. . A regulated live specimen is a live specimen of a species subject to import control under this Part. . It is an offence to import a regulated live specimen unless the importer holds a permit. . It is an offence to possess a specimen that was imported in contravention of this Part. 303BC Definitions In this Part, unless the contrary intention appears: eligible listed threatened species means a listed threatened species other than a species in the conservation dependent category. engage in conduct means: (a) do an act; or (b) omit to perform an act. export means: (a) export from Australia or from an external Territory; or (b) export from the sea; but does not include: (c) export from Australia to an external Territory; or (d) export from an external Territory to Australia; or (e) export from an external Territory to another external Territory. export from the sea, in relation to a specimen, means take in a Commonwealth marine area and then take out of that area to another country without bringing into Australia or into an external Territory. import means: (a) import into Australia or into an external Territory; or (b) import by way of introduction from the sea; but does not include: (c) import into Australia from an external Territory; or (d) import into an external Territory from Australia; or (e) import into an external Territory from another external Territory. import by way of introduction from the sea, in relation to a specimen, means take in the marine environment not under the jurisdiction of any country and then bring into Australia or into an external Territory without having been imported into any other country. marine environment means the sea, and includes: (a) the air space above the sea; and (b) the seabed and subsoil beneath the sea. recipient means: (a) in relation to a specimen that is exported-the person in the country to which the specimen is exported who is to have the care and custody of the specimen after the export; and (b) in relation to a specimen that is imported into Australia or into an external Territory-the person in Australia or that Territory, as the case may be, who is to have the care and custody of the specimen after the import. relevant CITES authority, in relation to a country, means: (a) if the country is a party to CITES-a Management Authority of that country; or (b) if the country is not a party to CITES-a competent authority of that country within the meaning of Article X of CITES. sender