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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 266 Regulations

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 266

Regulations

    The regulations may:

  (a)   provide for the transportation, treatment and disposal of members of listed marine species killed, injured or taken in contravention of this Division; and

  (b)   provide for the methods or equipment by which members of listed marine species may be killed or taken otherwise than in contravention of this Division; and

  (c)   provide for the gathering and dissemination of information relating to listed marine species; and

  (d)   provide for the protection and conservation of listed marine species; and

  (e)   provide for any matter incidental to or connected with any of the above paragraphs.

This Chapter   provides a basis for the Minister to decide whether an action that has, will have or is likely to have a significant impact on certain aspects of the environment should proceed.

It does so by prohibiting a person from taking an action without the Minister having given approval or decided that approval is not needed. (Part   9 deals with the giving of approval.)

Approval is not needed to take an action if any of the following declare that the action does not need approval:

  (a)   a bilateral agreement between the Commonwealth and the State or Territory in which the action is taken;

  (b)   a declaration by the Minister.

This Chapter   deals with assessment and approval of actions that Part   3 prohibits without approval ( controlled actions ). (It does not deal with actions that a bilateral agreement declares not to need approval.)

A person proposing to take an action, or a government body aware of the proposal, may refer the proposal to the Minister so he or she can decide:

  (a)   whether his or her approval is needed to take the action; and

  (b)   how to assess the impacts of the action to be able to make an informed decision whether or not to approve the action.

  (a)   a process laid down under a bilateral agreement; or

  (b)   a process specified in a declaration by the Minister; or

  (c)   a process accredited by the Minister; or

  (ca)   information included in the referral; or

  (d)   preliminary documentation provided by the proponent; or

  (e)   a public environment report; or

  (f)   an environmental impact statement; or

  (g)   a public inquiry.

This Part   provides for the assessment of impacts of controlled actions, to provide information for decisions whether or not to approve the taking of the actions. However, this Part   does not apply to actions that a bilateral agreement or Ministerial declaration says are to be assessed in another way.

For actions that are to be assessed under this Part, the Minister must choose one of the following methods of assessment:

  (a)   an accredited assessment process;

  (aa)   an assessment on referral information (see Division   3A);

  (b)   an assessment on preliminary documentation (see Division   4);

  (c)   a public environment report (see Division   5);

  (d)   an environmental impact statement (see Division   6);

  (e)   a public inquiry (see Division   7).

  (a)   an accredited assessment process;

  (aa)   an assessment on referral information;

  (b)   an assessment on preliminary documentation;

  (c)   a public environment report;

  (d)   an environmental impact statement;

  (e)   a public inquiry.

This Division   provides for the Minister to appoint commissions to carry out inquiries in a flexible way into the impacts of actions.

Commissioners have powers to call witnesses, obtain documents and inspect places for the purposes of their inquiries.

Commissioners must report to the Minister and publish their reports.

The Australian Fisheries Management Authority must make agreements under Division   1 for the assessment of actions in fisheries managed under the Fisheries Management Act 1991 . An agreement must be made whenever it is proposed to make a management plan or a determination not to have a plan. An agreement must be made within 5 years of the commencement of this Act for all fisheries that did not have plans at that commencement.

The Minister administering the Torres Strait Fisheries Act 1984 must make agreements under Division   1 for the assessment of actions permitted by policies or plans for managing fishing in Torres Strait. All policies or plans must be covered by an agreement within 5 years after the commencement of this Act.

A further agreement for assessment must be made if the impact of the actions is significantly greater than assessed under an earlier agreement.

If the Minister endorses a policy or plan assessed under an agreement under Division   1, the Minister must make a declaration that actions under the policy or plan do not need approval under Part   9 for the purposes of section   23 or 24A (which protect the marine environment).

  (a)   providing foreign aid;

  (b)   managing aircraft operations in airspace;

  (c)   adopting or implementing a major development plan for an airport;

  (d)   an action prescribed by the regulations.

The agency or employee must inform the Minister of the proposal to authorise the action.

The environmental impacts of the action must be assessed in accordance with a declaration made by the Minister accrediting a Commonwealth assessment process, or by one of the following methods chosen by the Minister:

  (a)   a specially accredited process;

  (aa)   an assessment on referral information under Division   3A;

  (b)   an assessment on preliminary documentation under Division   4 of Part   8;

  (c)   a public environment report under Division   5 of Part   8;

  (d)   an environmental impact statement under Division   6 of Part   8;

  (e)   an inquiry under Division   7 of Part   8.

This Subdivision   sets out the usual process for including an item in a list referred to in section   178, 181 or 183, or transferring an item from one category in one of those lists to another category in the list.

The usual process involves an annual cycle that revolves around 12 - month periods known as assessment periods. The Minister determines the start of the first assessment period (see section   194C).

The usual process involves the following steps for each assessment period for a list:

  (a)   the Minister may determine conservation themes (this step is optional) (see section   194D);

  (b)   the Minister invites people to nominate items for inclusion in the list referred to in section   178, 181 or 183, and gives the nominations to the Scientific Committee (see sections   194E and 194F);

  (c)   the Scientific Committee prepares, and gives to the Minister, a list of items (which will mostly be items that have been nominated) that it thinks should be assessed (see sections   194G to 194J);

  (d)   the Minister finalises the list of items that are to be assessed (see sections   194K and 194L);

  (e)   the Scientific Committee invites people to make comments about the item in the finalised list (see section   194M);

  (f)   the Scientific Committee assesses the item in the finalised list, and gives the assessments to the Minister (see sections   194N and 194P);

  (g)   the Minister decides whether an item that has been assessed should be included in the list referred to in section   178, 181 or 183 (see section   194Q).

 

Commonwealth Coat of Arms of Australia

Environment Protection and Biodiversity Conservation Act 1999

No.   91, 1999

Compilation No.   62

Compilation date:   15 December 2023

Includes amendments:   Act No. 122, 2023

Registered:   21 December 2023

This compilation is in 2 volumes

Volume 1:   sections   1 - 12p t">266

Volume 2:   sections   266B - 12p t; font-weight:bold">528

  Schedule

  Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Environment Protection and Biodiversity Conservation Act 1999 that shows the text of the law as amended and in force on 15 December 2023 (the compilation date ).

The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Chapter   5--Conservation of biodiversity and heritage

Part   13--Species and communities

Division   5--Conservation advice, recovery plans, threat abatement plans and wildlife conservation plans

Subdivision   AA--Approved conservation advice

266B   Approved conservation advice for listed threatened species and listed threatened ecological communities

Subdivision   A--Recovery plans and threat abatement plans

267   Simplified outline of this Subdivision

268   Compliance with recovery plans and threat abatement plans

269   Implementing recovery and threat abatement plans

269AA   Decision whether to have a recovery plan

269A   Making or adopting a recovery plan

270   Content of recovery plans

270A   Decision whether to have a threat abatement plan

270B   Making or adopting a threat abatement plan

271   Content of threat abatement plans

272   Eradication of non - native species

273   Ensuring plans are in force

274   Scientific Committee to advise on plans

275   Consultation on plans

276   Consideration of comments

277   Adoption of State plans

278   Publication of plans

279   Variation of plans by the Minister

280   Variation by a State or Territory of joint plans and plans adopted by the Minister

281   Commonwealth assistance

282   Scientific Committee to advise on assistance

283   Plans may cover more than one species etc.

283A   Revoking a plan

284   Reports on preparation and implementation of plans

Subdivision   B--Wildlife conservation plans

285   Wildlife conservation plans

286   Acting in accordance with wildlife conservation plans

287   Content of wildlife conservation plans

288   Eradication of non - native species

289   Scientific Committee to advise on scheduling of plans

290   Consultation on plans

291   Consideration of comments

292   Adoption of State plans

293   Publication, review and variation of plans

294   Variation of plans by the Minister

295   Variation by a State or Territory of joint plans and plans adopted by the Minister

296   Commonwealth assistance

297   Plans may cover more than one species etc.

298   Reports on preparation and implementation of plans

Subdivision   C--Miscellaneous

299   Wildlife conservation plans cease to have effect

300   Document may contain more than one plan

300A   State and Territory laws not affected

300B   Assistance from the Scientific Committee

Division   6--Access to biological resources

301   Control of access to biological resources

Division   6A--Control of non - native species

301A   Regulations for control of non - native species

Division   7--Aid for conservation of species in foreign countries

302   Aid for conservation of species in foreign countries

Division   8--Miscellaneous

303   Regulations

303A   Exemptions from this Part

303AA   Conditions relating to accreditation of plans, regimes and policies

303AB   Amended policies, regimes or plans taken to be accredited

Part   13A--International movement of wildlife specimens

Division   1--Introduction

303BA   Objects of Part

303BAA   Certain indigenous rights not affected

303BB   Simplified outline

303BC   Definitions

Division   2--CITES species

Subdivision   A--CITES species and CITES specimens

303CA   Listing of CITES species

303CB   Stricter domestic measures

Subdivision   B--Offences and permit system

303CC   Exports of CITES specimens

303CD   Imports of CITES specimens

303CE   Applications for permits

303CF   Further information

303CG   Minister may issue permits

303CH   Specific conditions relating to the export or import of CITES specimens for commercial purposes

303CI   Time limit for making permit decision

303CJ   Duration of permits

303CK   Register of applications and decisions

Subdivision   C--Application of CITES

303CL   Application of CITES--Management Authority and Scientific Authority

303CM   Interpretation of CITES provisions

303CN   Resolutions of the Conference of the Parties to CITES

Division   3--Exports of regulated native specimens

Subdivision   A--Regulated native specimens

303DA   Regulated native specimens

303DB   Listing of exempt native specimens

303DC   Minister may amend list

Subdivision   B--Offence and permit system

303DD   Exports of regulated native specimens

303DE   Applications for permits

303DF   Further information

303DG   Minister may issue permits

303DH   Time limit for making permit decision

303DI   Duration of permits

303DJ   Register of applications and decisions

Division   4--Imports of regulated live specimens

Subdivision   A--Regulated live specimens

303EA   Regulated live specimens

303EB   Listing of specimens suitable for live import

303EC   Minister may amend list

Subdivision   B--Assessments relating to the amendment of the list of specimens suitable for import

303ED   Amendment of list on the Minister's own initiative

303EE   Application for amendment of list

303EF   Requirement for assessments

303EG   Timing of decision about proposed amendment

303EH   Requesting further information

303EI   Notice of refusal of proposed amendment

303EJ   Reviews

Subdivision   C--Offence and permit system

303EK   Imports of regulated live specimens

303EL   Applications for permits

303EM   Further information

303EN   Minister may issue permits

303EO   Time limit for making permit decision

303EP   Duration of permits

303EQ   Register of applications and decisions

Subdivision   D--Marking of certain specimens for the purposes of identification

303ER   Object

303ES   Specimens to which Subdivision   applies

303ET   Extended meaning of marking

303EU   Secretary may make determinations about marking of specimens

303EV   Offences

303EW   This Subdivision   does not limit conditions of permits

Division   5--Concepts relating to permit criteria

Subdivision   A--Non - commercial purpose exports and imports

303FA   Eligible non - commercial purpose exports

303FB   Eligible non - commercial purpose imports

303FC   Export or import for the purposes of research

303FD   Export or import for the purposes of education

303FE   Export or import for the purposes of exhibition

303FF   Export or import for conservation breeding or propagation

303FG   Export or import of household pets

303FH   Export or import of personal items

303FI   Export or import for the purposes of a travelling exhibition

Subdivision   B--Commercial purpose exports and imports

303FJ   Eligible commercial purpose exports

303FK   Export or import from an approved captive breeding program

303FL   Export from an approved artificial propagation program

303FLA   Export from an approved cultivation program

303FM   Export from an approved aquaculture program

303FN   Approved wildlife trade operation

303FO   Approved wildlife trade management plan

303FP   Accredited wildlife trade management plan

303FQ   Consultation with State and Territory agencies

303FR   Public consultation

303FRA   Assessments

303FS   Register of declarations

303FT   Additional provisions relating to declarations

303FU   Approved commercial import program

Division   6--Miscellaneous

303GA   Permit decision--controlled action, and action for which a non - Part   13A permit is required

303GB   Exceptional circumstances permit

303GC   Permit authorising the Secretary to export or import specimens

303GD   Testing permit--section   303EE assessments

303GE   Conditions of permits

303GF   Contravening conditions of a permit

303GG   Authorities under permits

303GH   Transfer of permits

303GI   Suspension or cancellation of permits

303GJ   Review of decisions

303GK   Permit to be produced

303GL   Pre - CITES certificate to be produced

303GM   Fees

303GN   Possession of illegally imported specimens

303GO   Regulations relating to welfare

303GP   Cruelty--export or import of animals

303GQ   Imports of specimens contrary to the laws of a foreign country

303GR   Evidence

303GS   Evidence of examiner

303GT   Protection of witness

303GU   Forms and declarations--persons arriving in Australia or an external Territory

303GV   Saving of other laws

303GW   Part   not to apply to certain specimens

303GX   Part   not to apply to certain specimens used by traditional inhabitants

303GY   When a specimen is lawfully imported

Part   14--Conservation agreements

304   Object of this Part

305   Minister may enter into conservation agreements

306   Content of conservation agreements

306A   Conservation agreement may include declaration that actions do not need approval under Part   9

307   Conservation agreements to be legally binding

307A   Conservation agreements may deal with remediation or mitigation measures

308   Variation and termination of conservation agreements

309   Publication of conservation agreements

310   List of conservation agreements

311   Commonwealth, State and Territory laws

312   Minister must not give preference

Part   15--Protected areas

Division   1--Managing World Heritage properties

Subdivision   A--Simplified outline of this Division

313   Simplified outline of this Division

Subdivision   B--Seeking agreement on World Heritage listing

314   Special provisions relating to World Heritage nominations

Subdivision   C--Notice of submission of property for listing

315   Minister must give notice of submission of property for listing etc.

Subdivision   D--Plans for listed World Heritage properties in Commonwealth areas

316   Making plans

317   Notice of plans

318   Commonwealth compliance with plans

319   Review of plans every 5 years

Subdivision   E--Managing World Heritage properties in States and self - governing Territories

320   Application

321   Co - operating to prepare and implement plans

322   Commonwealth responsibilities

Subdivision   F--Australian World Heritage management principles

323   Australian World Heritage management principles

Subdivision   G--Assistance for protecting World Heritage properties

324   Commonwealth assistance for protecting declared World Heritage properties

Division   1A--Managing National Heritage places

Subdivision   A--Preliminary

324A   Simplified outline of this Division

Subdivision   B--The National Heritage List

324C   The National Heritage List

324D   Meaning of National Heritage values

Subdivision   BA--Inclusion of places in the National Heritage List: usual process

324E   Simplified outline

324F   Definitions

324G   Meaning of assessment period

324H   Minister may determine heritage themes for an assessment period

324J   Minister to invite nominations for each assessment period

324JA   Minister to give nominations to Australian Heritage Council

324JB   Australian Heritage Council to prepare proposed priority assessment list

324JC   Matters to be included in proposed priority assessment list

324JD   Statement to be given to Minister with proposed priority assessment list

324JE   The finalised priority assessment list

324JF   Publication of finalised priority assessment list

324JG   Australian Heritage Council to invite comments on places in finalised priority assessment list

324JH   Australian Heritage Council to assess places on finalised priority assessment list and give assessments to Minister

324JI   Time by which assessments to be provided to Minister

324JJ   Decision about inclusion of a place in the National Heritage List

Subdivision   BB--Inclusion of places in the National Heritage List: emergency process

324JK   Simplified outline

324JL   Minister may include place in National Heritage List if under threat

324JM   Minister to ask Australian Heritage Council for assessment

324JN   Publication of listing of place and inviting comments

324JO   Australian Heritage Council to assess place and give assessment to Minister

324JP   Time by which assessments to be provided to Minister

324JQ   Decision about place remaining in the National Heritage List

Subdivision   BC--Other provisions relating to the National Heritage List

324JR   Co - ordination with Scientific Committee--Council undertaking assessment

324JS   Co - ordination with Scientific Committee--Council given assessment to Minister

324K   Listing process not affected by changing boundaries of a place

324L   Removal of places or National Heritage values from the National Heritage List

324M   Minister must consider advice of the Australian Heritage Council and public comments

324N   Specifying one or more additional National Heritage values for a National Heritage place

324P   National Heritage List must be publicly available

324Q   Certain information may be kept confidential

324R   Disclosure of Australian Heritage Council's assessments and advice

Subdivision   C--Management plans for National Heritage places in Commonwealth areas

324S   Management plans for National Heritage places in Commonwealth areas

324T   Restriction on ability to make plans

324U   Compliance with plans by the Commonwealth and Commonwealth agencies

324V   Multiple plans in the same document

324W   Review of plans at least every 5 years

Subdivision   D--Management of National Heritage places in States and self - governing Territories

324X   Plans and Commonwealth responsibilities

Subdivision   E--The National Heritage management principles

324Y   National Heritage management principles

Subdivision   F--Obligations of Commonwealth agencies

324Z   Obligation to assist the Minister and the Australian Heritage Council

324ZA   Protecting National Heritage values of places sold or leased

Subdivision   G--Assistance for protecting National Heritage places

324ZB   Commonwealth assistance for protecting National Heritage places

Subdivision   H--Reviewing and reporting on the National Heritage List

324ZC   Reviewing and reporting on the National Heritage List

Division   2--Managing wetlands of international importance

Subdivision   A--Simplified outline of this Division

325   Simplified outline of this Division

Subdivision   B--Seeking agreement on Ramsar designation

326   Commonwealth must seek agreement before designation

Subdivision   C--Notice of designation of wetland

327   Minister must give notice of designation of wetland etc.

Subdivision   D--Plans for listed wetlands in Commonwealth areas

328   Making plans

329   Notice of plans

330   Commonwealth compliance with plans

331   Review of plans every 5 years

Subdivision   E--Management of wetlands in States and self - governing Territories

332   Application

333   Co - operating to prepare and implement plans

334   Commonwealth responsibilities

Subdivision   F--Australian Ramsar management principles

335   Australian Ramsar management principles

Subdivision   G--Assistance for protecting wetlands

336   Commonwealth assistance for protecting declared Ramsar wetlands

Division   3--Managing Biosphere reserves

337   Definition of Biosphere reserve

338   Planning for management of Biosphere reserves

339   Commonwealth activities in Biosphere reserves

340   Australian Biosphere reserve management principles

341   Commonwealth assistance for protecting Biosphere reserves

Division   3A--Managing Commonwealth Heritage places

Subdivision   A--Preliminary

341A   Simplified outline of this Division

341B   Extension to places etc. outside the Australian jurisdiction

Subdivision   B--The Commonwealth Heritage List

341C   The Commonwealth Heritage List

341D   Meaning of Commonwealth Heritage values

Subdivision   BA--Inclusion of places in the Commonwealth Heritage List: usual process

341E   Simplified outline

341F   Definitions

341G   Meaning of assessment period

341H   Minister to invite nominations for each assessment period

341J   Minister to give nominations to Australian Heritage Council

341JA   Australian Heritage Council to prepare proposed priority assessment list

341JB   Matters to be included in proposed priority assessment list

341JC   Statement to be given to Minister with proposed priority assessment list

341JD   The finalised priority assessment list

341JE   Publication of finalised priority assessment list

341JF   Australian Heritage Council to invite comments on places in finalised priority assessment list

341JG   Australian Heritage Council to assess places on finalised priority assessment list and give assessments to Minister

341JH   Time by which assessments to be provided to Minister

341JI   Decision about inclusion of a place in the Commonwealth Heritage List

Subdivision   BB--Inclusion of places in the Commonwealth Heritage List: emergency process

341JJ   Simplified outline

341JK   Minister may include place in Commonwealth Heritage List if under threat

341JL   Minister to ask Australian Heritage Council for assessment

341JM   Publication of listing of place and inviting comments

341JN   Australian Heritage Council to assess place and give assessment to Minister

341JO   Time by which assessments to be provided to Minister

341JP   Decision about place remaining in the Commonwealth Heritage List

Subdivision   BC--Other provisions relating to the Commonwealth Heritage List

341JQ   Co - ordination with Scientific Committee--Council undertaking assessment

341JR   Co - ordination with Scientific Committee--Council given assessment to Minister

341K   Listing process not affected by changing boundaries of a place

341L   Removal of places or Commonwealth Heritage values from the Commonwealth Heritage List

341M   Minister must consider advice of the Australian Heritage Council and public comments

341N   Specifying one or more additional Commonwealth Heritage values for a Commonwealth Heritage place

341P   Commonwealth Heritage List must be publicly available

341Q   Certain information may be kept confidential

341R   Disclosure of Australian Heritage Council's assessments and advice

Subdivision   C--Management plans for Commonwealth Heritage places

341S   Management plans for Commonwealth Heritage places

341T   Endorsing management plans for Commonwealth Heritage places

341U   Restriction on ability to make plans

341V   Compliance with plans by the Commonwealth and Commonwealth agencies

341W   Multiple plans in the same document

341X   Review of plans at least every 5 years

Subdivision   D--The Commonwealth Heritage management principles

341Y   Commonwealth Heritage management principles

Subdivision   E--Obligations of Commonwealth agencies

341Z   Obligation to assist the Minister and the Australian Heritage Council

341ZA   Heritage strategies

341ZB   Heritage assessments and registers

341ZC   Minimising adverse impact on heritage values

341ZE   Protecting Commonwealth Heritage values of places sold or leased

Subdivision   G--Assistance for protecting Commonwealth Heritage places

341ZG   Commonwealth assistance for protecting Commonwealth Heritage places

Subdivision   H--Reviewing and reporting on the Commonwealth Heritage List

341ZH   Reviewing and reporting on the Commonwealth Heritage List

Division   4--Commonwealth reserves

Subdivision   A--Simplified outline of this Division

342   Simplified outline of this Division

Subdivision   B--Declaring and revoking Commonwealth reserves

343   Simplified outline of this Subdivision

344   Declaring Commonwealth reserves

345   Extent of Commonwealth reserve

345A   Commonwealth usage rights vest in Director

346   Content of Proclamation declaring Commonwealth reserve

347   Assigning Commonwealth reserves and zones to IUCN categories

348   Australian IUCN reserve management principles

350   Revocation and alteration of Commonwealth reserves

351   Report before making Proclamation

352   What happens to Director's usage rights when Commonwealth reserve is revoked

Subdivision   C--Activities in Commonwealth reserves

353   Simplified outline of this Subdivision

354   Activities that may be carried on only under management plan

354A   Offences relating to activities that may only be carried on under management plan

355   Limits on mining operations in Commonwealth reserves

355A   Offence relating to mining operations

356   Regulations controlling activities relating to Commonwealth reserves

356A   Charges for activities in Commonwealth reserves

357   Managing Commonwealth reserves while a management plan is not in operation

358   Restriction on disposal of Director's interests in Commonwealth reserves

359   Prior usage rights relating to Commonwealth reserves continue to have effect

359A   Traditional use of Commonwealth reserves by indigenous persons

359B   Director's approval of actions and mining operations when a management plan is not in operation

Subdivision   D--Complying with management plans for Commonwealth reserves

361   Simplified outline of this Subdivision

362   Commonwealth and Commonwealth agencies to comply with management plan for Commonwealth reserve

363   Resolving disagreement between land council and Director over implementation of plan

364   Resolving disagreement between Director and Board over implementation of plan

Subdivision   E--Approving management plans for Commonwealth reserves

365   Simplified outline of this Subdivision

366   Obligation to prepare management plans for Commonwealth reserves

367   Content of a management plan for a Commonwealth reserve

368   Steps in preparing management plans for Commonwealth reserves

369   Resolving disagreements between Director and Board in planning process

370   Approval of management plans for Commonwealth reserves

371   Approved management plans are legislative instruments

372   Amendment and revocation of management plans for Commonwealth reserves

373   Expiry of management plans for Commonwealth reserves

Subdivision   F--Boards for Commonwealth reserves on indigenous people's land

374   Simplified outline of this Subdivision

375   Application

376   Functions of a Board for a Commonwealth reserve

377   Minister must establish Board if land council or traditional owners agree

378   Altering the constitution of a Board or abolishing a Board

379   Appointment of Board members

379A   Fit and proper person

380   Terms and conditions

381   Remuneration

382   Termination of appointments of Board members

383   Procedure of a Board

Subdivision   G--Special rules for some Commonwealth reserves in the Northern Territory or Jervis Bay Territory

384   Simplified outline of this Subdivision

385   Activities in Commonwealth reserve without management plan

386   What are the Kakadu region and the Uluru region ?

387   No mining operations in Kakadu National Park

388   Establishment and development of townships in the Kakadu region and Uluru region

389   Planning for townships

390   Special rules to protect Aboriginal interests in planning process

390A   Appointment of Northern Territory nominee to Board

Division   5--Conservation zones

390B   Simplified outline of this Division

390C   Object of this Division

390D   Proclamation of conservation zones

390E   Regulating activities generally

390F   Charges for activities in conservation zones

390G   Other laws and regulations made for this Division

390H   Prior usage rights relating to conservation zones continue to have effect

390J   Revoking and altering conservation zones

Chapter   5A--The List of Overseas Places of Historic Significance to Australia

Part   15A--The List of Overseas Places of Historic Significance to Australia

390K   The List of Overseas Places of Historic Significance to Australia

390L   Inclusion of places in the List of Overseas Places of Historic Significance to Australia

390M   Removal of places from the List of Overseas Places of Historic Significance to Australia or variation of statement of historic significance

390N   Inviting comments from other Ministers before taking action

390P   Minister may ask Australian Heritage Council for advice etc.

390Q   List of Overseas Places of Historic Significance to Australia to be publicly available

390R   Disclosure of Australian Heritage Council's assessments and advice

Chapter   5B--Declared commercial fishing activities

Part   15B--Declared commercial fishing activities

Division   1--Prohibition

390SA   Civil penalty--declared commercial fishing activities

390SB   Offence--declared commercial fishing activities

Division   2--Declaring a commercial fishing activity

Subdivision   A--What is a declared commercial fishing activity?

390SC   What is a declared commercial fishing activity ?

Subdivision   B--Interim declaration

390SD   Interim declaration

390SE   Consultation

Subdivision   C--Final declaration

390SF   Final declaration

Subdivision   D--Revoking declarations

390SG   Revoking an interim or final declaration

Division   3--Expert panel assessment of declared commercial fishing activity

390SH   Establishment of expert panel

390SI   Terms and conditions

390SJ   Procedure for assessment

390SK   Timing of the report

390SL   Publication of the report

Division   4--Sunsetting of this Part

390SM   Sunsetting of this Part

Chapter   6--Administration

Part   16--Precautionary principle and other considerations in making decisions

391   Minister must consider precautionary principle in making decisions

Part   17--Enforcement

Division   1--Wardens, rangers and inspectors

Subdivision   A--Wardens and rangers

392   Appointment of wardens and rangers

393   Arrangements for certain officers or employees to exercise powers etc. of wardens or rangers

394   Wardens ex officio

395   Identity cards

Subdivision   B--Inspectors

396   Appointment of inspectors

397   Inspectors ex officio

398   Arrangements for State and Territory officers to be inspectors

399   Identity cards

Subdivision   BA--Exercise of powers of authorised officers outside the territorial sea

399A   Powers to be exercised consistently with UNCLOS

Subdivision   BB--Exercise of powers of authorised officers in relation to Great Barrier Reef Marine Park

399B   Certain powers to be exercised only by certain authorised officers

Subdivision   C--Miscellaneous

400   Regulations may give wardens, rangers and inspectors extra powers, functions and duties

401   Impersonating authorised officers and rangers

402   Offences against authorised officers and rangers

Division   2--Boarding of vessels etc. and access to premises

403   Boarding of vessels etc. by authorised officers

404   Authorised officers to produce identification

405   Access to premises

406   Powers of authorised officers

406A   Searches under paragraph   406(1)(ba)

406AA   Taking things into possession

406B   Thing taken into possession is not a thing seized

Division   3--Monitoring of compliance

407   Monitoring powers

407A   Operation of electronic equipment at premises

407B   Compensation for damage to electronic equipment

408   Monitoring searches with occupier's consent

409   Monitoring warrants

409A   Monitoring warrants by telephone or other electronic means

409B   Executing officer to be in possession of warrant

410   Details of monitoring warrant to be given to occupier etc.

411   Occupier entitled to be present during search

412   Announcement before entry

412A   Other powers when on premises under monitoring warrant

Division   4--Search warrants

413   When search warrants can be issued

414   Statements in warrants

415   Powers of magistrate

416   Warrants by telephone or other electronic means

417   The things that are authorised by a search warrant

418   Availability of assistance, and use of force, in executing a warrant

418A   Executing officer to be in possession of warrant

419   Details of warrant to be given to occupier etc.

420   Specific powers available to person executing warrant

421   Use of equipment to examine or process things

422   Use of electronic equipment at premises

423   Compensation for damage to electronic equipment

424   Copies of seized things to be provided

425   Occupier entitled to be present during search

426   Receipts for things seized under warrant

427   Restrictions on personal searches

428   When a thing is in the possession of a person

Division   6--Arrest and related matters

430   Powers of arrest

431   Power to conduct a frisk search of an arrested person

432   Power to conduct an ordinary search of an arrested person

433   Power to conduct search of arrested person's premises

433A   Interaction of this Division   with Schedule   1

Division   6A--Provisions relating to detention of suspected foreign offenders

433B   Provisions relating to detention of suspected foreign offenders

Division   7--Miscellaneous provisions about searches, entry to premises, warrants etc.

434   Conduct of ordinary searches and frisk searches

435   Announcement before entry

436   Offence of making false statements in warrants

437   Offences relating to telephone warrants

438   Retention of things seized under Division   4 or 6

440   Law relating to legal professional privilege not affected

441   Other laws about search, arrest etc. not affected

442   Persons to assist authorised officers

Division   8--Power to search goods, baggage etc.

443   Power to search goods, baggage etc.

Division   8A--Power to ask questions about specimens

443A   Authorised officer may ask questions about the nature or origin of specimens

Division   9--Power to ask for names and addresses

444   Authorised person may ask for person's name and address

Division   10--Seizure and forfeiture etc.

Subdivision   AA--Seizure of specimens involved in a contravention of Part   13A

444A   Seizure of specimens involved in a contravention of Part   13A

444B   Notice about seizure

444C   Applications for return of specimen

444D   Court action for return of specimen

444E   Consignment of specimen with consent of owner

444G   Retention of specimen

444H   Forfeiture of specimen after end of retention period

Subdivision   AB--Seizure of things (other than specimens involved in a contravention of Part   13A)

445   Seizure of things (other than specimens involved in a contravention of Part   13A)

446   Retention of things seized under this Subdivision

Subdivision   AC--Direction to deliver seizable items

447   Direction to deliver seizable items

Subdivision   B--Disposal of seized items

449   Immediate disposal of seized items

449A   Disposal of seized items if Secretary cannot locate or identify person entitled etc.

Subdivision   BA--Release of seized items to owner etc.

449BA   Release of seized items to owner etc.

449BB   How this Part   applies in relation to things released conditionally

Subdivision   C--Forfeiture of seized items

450   Court - ordered forfeiture: order by court dealing with offence proceedings

450A   Court - ordered forfeiture: other situations

450B   Forfeiture of seized items by consent etc.

451   Dealings in forfeited items

452   Delivery of forfeited items to the Commonwealth

Subdivision   F--Keeping of organisms or specimens that have been seized

453   Keeping of organisms or specimens retained under this Part

454   Recovery of costs of storing or keeping organisms or specimens

Subdivision   G--Rescuing things

455   Rescuing things

456   Breaking or destroying things or documents to prevent seizure etc.

Subdivision   H--Seizure of cages or containers

456AA   Power to seize cages or containers containing seizable things

456AB   Retention of seized cage or container

456AC   Retention of non - seizable things contained in seized cages or containers

Division   12--Environmental audits

458   Directed environmental audits

459   Appointment of auditor and carrying out of audit

460   Nature of directed environmental audit

461   Audit reports

462   Directed environmental audits do not affect other audit obligations

Division   13--Conservation orders

Subdivision   A--Simplified outline

463   Simplified outline of this Division

Subdivision   B--Making and reviewing conservation orders

464   Minister may make conservation orders

465   Duration of conservation orders

466   Reviews of conservation orders

467   Publication of conservation orders

468   Application for reconsideration of conservation orders or decisions on review

469   Reconsideration of conservation orders and decisions on review

Subdivision   C--Complying with conservation orders

470   Contravening conservation orders is an offence

471   Minister to consider proposed actions etc.

472   Contents of notices of advice

473   Review by the Administrative Appeals Tribunal

474   Assistance in complying with conservation orders

Division   14--Injunctions

475   Injunctions for contravention of the Act

476   Injunctions for contraventions of conservation agreements

477   Discharge of injunctions

479   Certain considerations for granting injunctions not relevant

480   Powers conferred are in addition to other powers of the Court

Division   14A--Federal Court's power to make remediation orders

480A   Remediation orders

480B   Discharge of remediation orders

480C   Powers conferred are in addition to other powers of the Court

Division   14B--Minister's power to make remediation determinations

Subdivision   A--Making of remediation determinations

480D   Minister may make remediation determination

480E   Contents of a remediation determination

480F   Notifying owners and occupiers of land of proposed remediation determination

480G   Notifying that remediation determination has been made

480H   Duration of remediation determinations

480J   Ministerial reconsideration of remediation determinations

Subdivision   B--Federal Court may set aside remediation determination

480K   Applying to Federal Court to have remediation determination set aside

Subdivision   C--Complying with remediation determinations

480L   Federal Court may order compliance with remediation determination

480M   Civil penalty for contravention of remediation determination

Subdivision   D--Variation or revocation of remediation determinations

480N   Variation or revocation of remediation determination

Division   15--Civil penalties

Subdivision   A--Obtaining an order for a civil penalty

481   Federal Court may order person to pay pecuniary penalty for contravening civil penalty provision

482   What is a civil penalty provision ?

483   Contravening a civil penalty provision is not an offence

484   Persons involved in contravening civil penalty provision

485   Recovery of a pecuniary penalty

Subdivision   B--Civil penalty proceedings and criminal proceedings

486A   Civil proceedings after criminal proceedings

486B   Criminal proceedings during civil proceedings

486C   Criminal proceedings after civil proceedings

486D   Evidence given in proceedings for penalty not admissible in criminal proceedings

Subdivision   C--Enforceable undertakings relating to contraventions of Part   3 civil penalty provisions

486DA   Acceptance of undertakings relating to contraventions of Part   3 civil penalty provisions

486DB   Enforcement of undertakings

Division   15A--Notices to produce or attend

486E   Application of Division

486F   Minister may require person to provide information etc.

486G   Minister may require person to appear before Minister

486H   Persons to whom notices may not be given

486J   Self - incrimination

Division   16--Review of administrative decisions

487   Extended standing for judicial review

488   Applications on behalf of unincorporated organisations

Division   17--Duty to provide accurate information

489   Providing false or misleading information to obtain approval or permit

490   Providing false or misleading information in response to a condition on an approval or permit

491   Providing false or misleading information to authorised officer etc.

Division   18--Liability of executive officers for corporations

493   Who is an executive officer of a body corporate?

494   Civil penalties for executive officers of bodies corporate

495   Criminal liability of executive officers of bodies corporate

496   Did an executive officer take reasonable steps to prevent contravention?

Division   18A--Liability of landholders for other people's actions

496A   Who is a landholder ?

496B   Civil penalties for landholders

496C   Criminal liability of landholders

496D   Did a landholder take reasonable steps to prevent a contravention?

Division   19--Infringement notices

497   Infringement notices

Division   20--Publicising contraventions

498   Minister may publicise contraventions of this Act or the regulations

Division   21--Immunity of officers

498A   Immunity of officers and assistants

Division   22--Conduct of directors, employees and agents

498B   Conduct of directors, employees and agents

Part   18--Remedying environmental damage

499   Commonwealth powers to remedy environmental damage

500   Liability for loss or damage caused by contravention

501   Other powers not affected

Part   19--Organisations

Division   1--Establishment and functions of the Threatened Species Scientific Committee

502   Establishment

503   Functions of the Committee

Division   2A--Indigenous Advisory Committee

505A   Establishment

505B   Functions of the Committee

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

505C   Establishment

505D   Functions of the Committee

505E   Declared States and Territories

Division   3--Members and procedures of Committees

506   Application

507   Terms and conditions

508   Remuneration

509   Termination of appointments of Committee members

510   Procedure of a Committee

Division   4--Advisory committees

511   Minister may establish advisory committees

512   Appointments

513   Members of advisory committees

514   Committee procedure

Division   5--Director of National Parks

Subdivision   A--Establishment, functions and powers

514A   Continuation

514B   Functions

514C   Powers

514D   Requirements relating to functions and powers

Subdivision   B--Constitution of Director of National Parks

514E   Constitution

514F   Appointment

514G   Acting appointments

Subdivision   C--Terms and conditions of appointment

514H   Term of office

514J   Remuneration

514K   Outside employment

514M   Leave of absence

514N   Resignation

514P   Termination

514Q   Other terms and conditions

Subdivision   D--Australian National Parks Fund

514R   Australian National Parks Fund

514S   Payments to Australian National Parks Fund

514T   Application of money

Subdivision   E--Accountability

514U   Application of Public Governance, Performance and Accountability Act 2013

514V   Extra matters to be included in annual report

Subdivision   F--Miscellaneous

514W   Exemption from taxation

514X   Changes in office of Director

Part   19A--Reconsideration of fees

514Y   Applications for reconsideration of fee

514YA   Reconsideration of fee

514YB   Deadline for reconsideration

Part   20--Delegation

515   Delegation

515AA   Delegation by Minister in relation to Great Barrier Reef Marine Park

515AB   Delegation by Secretary in relation to Great Barrier Reef Marine Park

Part   20A--Publication of information on the internet

515A   Publication of information on the internet

Part   21--Reporting

Division   1--Annual reports

516   Annual report on operation of Act

516A   Annual reports to deal with environmental matters

Division   2--State of the environment reports

516B   State of the environment reports

Chapter   7--Miscellaneous

Part   22--Miscellaneous

517   Determinations of species

517A   Exemption for activities that might harm particular species introduced into particular areas

518   Non - compliance with time limits

519   Compensation for acquisition of property

520   Regulations

520A   Statements about the application of the Act

521   Fees and charges must not be taxes

521A   Time does not run if all or part of fee remains unpaid

522   Financial assistance etc. to be paid out of appropriated money

522A   Review of operation of Act

Chapter   8--Definitions

Part   23--Definitions

Division   1--Some definitions relating to particular topics

Subdivision   A--Actions

523   Actions

524   Things that are not actions

524A   Provision of grant funding is not an action

Subdivision   B--Areas

525   Commonwealth areas

Subdivision   C--Entities

526   Subsidiaries of bodies corporate

Subdivision   D--Criminal law

527   Convictions

Subdivision   E--Specimens

527A   Specimens

527B   Breeding in captivity

527C   Artificial propagation

527D   Things represented to be CITES specimens

Subdivision   F--Impacts

527E   Meaning of impact

Division   2--General list of definitions

528   Definitions

Schedule   1--Provisions relating to detention of suspected foreign offenders

Part   1--Preliminary

Division   1--Objects of this Schedule

1   Main objects of this Schedule

Division   2--Definitions

2   Definitions

Division   3--Appointment etc. of detention officers

3   Minister may appoint persons to be detention officers

4   Detention officers subject to directions

5   Detention officer etc. not liable to certain actions

Division   4--Approval of authorised officers and detention officers

6   The Secretary may approve authorised officers and detention officers

7   Persons who are authorised officers for purposes of the Migration Act 1958 are taken to be approved for this Schedule

Part   2--Detaining suspected foreign offenders

Division   1--Initial detention by an authorised officer

8   Power to detain

9   Relationship with Part   IC of the Crimes Act 1914

Division   2--Continued detention by a detention officer

10   Detention officer may detain person already detained by authorised officer

Division   3--Detention on behalf of an authorised officer or detention officer

11   Detention on behalf of an authorised officer or detention officer

Division   4--Moving detainees

12   Power to move detainees

Division   5--End of detention

13   End of detention

Division   6--Offence of escaping from detention

14   Escape from detention

Part   3--Searching and screening detainees and screening their visitors

Division   1--Searches of detainees

15   Searches of detainees

Division   2--Screening of detainees

16   Power to conduct a screening procedure

Division   3--Strip searches of detainees

17   Power to conduct a strip search

18   Rules for conducting a strip search

Division   4--Keeping of things found by screening or strip search of detainees

19   Possession and retention of certain things obtained during a screening procedure or strip search

20   Approved officer may apply for a thing to be retained for a further period

21   Magistrate may order that thing be retained

Division   5--Screening detainees' visitors

22   Powers concerning entry to premises where detainee is detained

Division   6--Law applying to detainee in State or Territory prison etc.

23   Detainees held in State or Territory prisons or remand centres

Part   4--Detainees' rights to facilities for obtaining legal advice etc.

24   Detainee may have access to certain advice, facilities etc.

Part   5--Identifying detainees

Division   1--Preliminary

25   Definitions

26   Meaning of personal identifier

27   Limiting the types of identification tests that approved officers may carry out

Division   2--Identification of detainees

Subdivision   A--Provision of personal identifiers

28   Detainees must provide personal identifiers

29   Approved officers must require and carry out identification tests

30   Information to be provided before carrying out identification tests

Subdivision   B--How identification tests are carried out

31   General rules for carrying out identification tests

32   Use of force in carrying out identification tests

33   Identification tests not to be carried out in cruel, inhuman or degrading manner etc.

34   Approved officer may get help to carry out identification tests

35   Identification tests to be carried out by approved officer of same sex as non - citizen

36   Independent person to be present

37   Recording of identification tests

38   Retesting

Subdivision   C--Obligations relating to video recordings of identification tests

39   Definitions

40   Accessing video recordings

41   Authorising access to video recordings

42   Providing video recordings

43   Unauthorised modification of video recordings

44   Unauthorised impairment of video recordings

45   Meanings of unauthorised modification and unauthorised impairment etc.

46   Destroying video recordings

Division   3--Identification of minors and incapable persons

47   Minors

48   Incapable persons

Division   4--Obligations relating to detainees' identifying information

Subdivision   A--Preliminary

49   Definitions

50   Application

Subdivision   B--Accessing identifying information

51   Accessing identifying information

52   Authorising access to identifying information

Subdivision   C--Disclosing identifying information

53   Disclosing identifying information

54   Authorising disclosure of identifying information to foreign countries etc.

Subdivision   D--Modifying and impairing identifying information

55   Unauthorised modification of identifying information

56   Unauthorised impairment of identifying information

57   Meanings of unauthorised modification and unauthorised impairment etc.

Subdivision   E--Retaining identifying information

58   Identifying information may be indefinitely retained

Part   6--Disclosure of detainees' personal information

59   Disclosure of detainees' personal information

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

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