ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION REGULATIONS 2000 - SCHEDULE 12 Protected species
ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION REGULATIONS 2000 - SCHEDULE 12
Protected species(Dictionary, definition of protected species , paragraph (b))
1 A species for which a member of the species is:
(a) in the Territory of Christmas Island in an area of
(i) primary rainforest; or
(ii) marginal rainforest; or
(iii) open forest, scrubby forest, and vine forest; or
(iv) coastal fringe; or
(v) shore cliffs and spray zone;
as defined in Du Puy, DJ, 1993 Christmas Island, in Flora of Australia , Volume 50, Oceanic Islands 2, Australian Government Publishing Service, Canberra; or
(b) in the Territory of Cocos (Keeling) Islands on the land above the high water mark on Horsburgh Island (Pulu Luar) or South Island (Pulu Atas), other than a fruit or leaf of the species Cocos nucifera (coconut); or
(c) in the Territory of Cocos (Keeling) Islands in the area known as the Rip as defined in a declaration, dated 16 October 1992, made under subregulation 48(1) of the National Parks and Wildlife Regulations, gazetted on 22 October 1992.
2 A species in the following classes:
(a) Mammalia (mammals);
(b) Aves (birds);
(c) Reptilia (reptiles);
(d) Amphibia (amphibians).
3 A species in the following families:
(a) Coenobitidae (terrestrial hermit crabs) other than a member of the species Birgus latro (robber crab) in the Territory of Christmas Island that:
(i) is taken by a person whose principal place of residence is the Territory and who has lived in the Territory for 3 months immediately before taking the member; and
(ii) is taken for personal consumption by the person who took the member or a member of that person's household; and
(iii) is not offered, in whole or part, for barter, sale or export; and
(iv) is not taken from the Territory Golf Course, as defined in National Parks and Wildlife (Unprotected Animals and Plants--Christmas Island) Declaration No. 1 of 1995, gazetted on 20 December 1995.
(b) Gecarcinidae (land crabs);
(c) Grapsidae (shore crabs);
(d) Ocypodidae (ghost crabs);
(e) Palaemoninae (freshwater shrimps).
4 A species, in the Territory of Christmas Island, whose members are obligate cave - dwellers.
(regulation 1.03)
"ABN" has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999 .
"ACN" has the same meaning as in the Corporations Act 2001 .
"Act" means the Environment Protection and Biodiversity Conservation Act 1999 .
"affected area" means the area that is likely to be affected by the action.
"agency--" see Act, section 528.
"aircraft--" see Act, section 528.
"archaeological site" includes an area of land on which there are:
(a) Aboriginal remains; or
(b) Aboriginal artefacts; or
(c) Aboriginal paintings, carvings, engravings or imprints.
"artificially propagated--" see Act, section 527C.
"assessment by public notice" means assessment in accordance with regulation 8A.18.
"assistance animal" means an animal trained to help a person to lessen the effects of a disability.
"Australian Whale Sanctuary" has the meaning given by section 225 of the Act.
"Authority" means the agency providing local government and municipal services to the Jabiru Township.
"benefit-sharing agreement " means an agreement that complies with Division 8A.2.
"biodiversity--" see Act, section 528.
"biological resources--" see Act, section 528.
"Biosphere reserve--" see Act, section 528.
"blind person" means a person who is totally or partially blind.
"Board--" see Act, section 528.
"Booderee National Park" has the meaning given by subsection 2(1) of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 .
"bred in captivity--" see Act, section 527B.
"burial" includes scattering or other disposal of ashes that are or include human remains.
"business day--" see Act, section 528.
"calf" , for a cetacean, means an animal not more than half the length of an adult of the species.
"camp" includes an overnight stay in or on a vehicle, vessel or aircraft.
"camping area" means a camping area determined under subregulation 12.28(4).
"camping site" means a camping site determined under subregulation 12.28(4).
"capture" , for an image, means record the image by artistic representation, or on film, videotape or electronic medium.
"caution zone" , for a cetacean, means an area around the cetacean with a radius of:
(a) for a dolphin--150 metres; and
(b) for a whale--300 metres.
"cetacean--" see Act, section 528.
"CITES--" see Act, section 528.
"CITES I specimen" -/span> -- see Act, section 528.
"CITES II specimen" -/span> -- see Act, section 528.
"CITES specimen" -/span> -- see Act, section 528.
"coastal sea--" see Act, section 528.
"coastal waters--" see Act, section 528.
"commemorative marker" includes a monument, cairn, statue or sculpture, sign, plaque or tablet, wreath or floral arrangement.
"Committee" means a Committee to which Division 3 of Part 19 of the Act applies.
"Commonwealth agency--" see Act, section 528.
"Commonwealth area--" see Act, section 528.
"Commonwealth Department" means a Department of State of the Commonwealth.
"Commonwealth Heritage place--" see Act, section 528.
"Commonwealth land--" see Act, section 528.
"Commonwealth marine area--" see Act, section 528.
"Commonwealth reserve--" see Act, section 528.
"conservation agreement--" see Act, section 528.
"contact details" , for a person, means:
(a) the person's business or residential address; and
(b) the person's postal address; and
(c) the telephone number (if any) at which the person may be contacted personally; and
(d) the telephone number (if any) to which a facsimile message for the person may be transmitted; and
(e) the person's email address (if any).
"controlled action--" see Act, section 528.
"country--" see Act, section 528.
"critically endangered" --see Act, section 528.
"daily newspaper--" see Act, section 528.
"deaf person" means a person who is totally or partially deaf.
"declared Ramsar wetland--" see Act, section 528.
"declared World Heritage property--" see Act, section 528.
"de-restricting sign" means a traffic sign with a black circle with a straight black line bisecting the circle from the lower left quadrant to the upper right quadrant.
"designated proponent--" see Act, section 528.
"determined fee" means the fee determined under paragraph 356A(c) of the Act for the parking of a vehicle in a parking area.
"Director--" see Act, section 528.
"dog" means an animal of the species Canis familiaris .
"dolphin" means a member of the family Delphinidae or the family Phocoenidae.
"draft assessment documentation" means:
(a) for an assessment approach equivalent to assessment by public environment report under Division 5 of Part 8 of the Act or environmental impact statement under Division 6 of Part 8 of the Act--a draft report prepared in accordance with the guidelines mentioned in item 4 of Schedule 1; or
(b) for an assessment approach equivalent to assessment by preliminary documentation under Division 4 of Part 8 of the Act--a document that describes:
(i) the proposed action; and
(ii) its likely relevant impacts; and
(iii) to the extent practicable, any feasible alternatives to the proposed action; and
(iv) possible mitigation measures.
"earth materials" includes gravel, shell grit, coral, evaporites, fossils or speleothems.
"ecological community--" see Act, section 528.
"ecosystem--" see Act, section 528.
"endangered" --see Act, section 528.
"entrance station" means a building in a Commonwealth reserve that is:
(a) beside a road or track where people enter the reserve; and
(b) identified by a sign with the words 'ENTRANCE STATION'.
"evaporite" means salts deposited from solution because of evaporation of water.
"event day" , for the duration of an event, means each day that the event occurs.
"explosive" :
(a) includes fireworks; but
(b) does not include:
(i) fuel gas or liquid fuels to be used for domestic purposes, lighting, heating or cooking; or
(ii) a flare carried on a vessel or used in dealing with an emergency.
"export" , for a cetacean--see Act, section 528.
"film" , used as a verb, includes, but is not confined to, taking still photographs, videotape images or digital images.
"fire" includes a flame produced from any source.
"firearm" includes a firearm that is temporarily disabled.
"fish" includes aquatic invertebrate animals.
"fishing gear" means equipment that:
(a) is designed to search for or take fish or aquatic animals; or
(b) if it is used, can reasonably be expected to find or take fish or aquatic animals.
"fossick" includes the following:
(a) use a device or technique (including remote sensing) for detecting minerals or metal;
(b) use a panning dish, a powered fan or a sieve to separate mineral materials of different sizes;
(c) use a pump to remove mineral materials from the bed of a watercourse or body of water;
(d) use a riffle or sluice box in the way it was designed to be used;
(e) drill or take core samples, excavate, dig, rake or shovel clay, sand, stone or other earth materials to find other mineral materials.
"fossil" includes prehistoric remains of a plant or an animal or the by - products of a plant or an animal.
"fuel gas" means a gas or mixture of gases that may be burned with air to produce light, heat or power.
Note: This includes natural gas or liquefied petroleum gas that is a mixture of hydrocarbons, substantially made up of propane or butane, in a liquid or gaseous state.
"genetic resources--" see Act, section 528.
"habitat--see Act, section 528" .
"heritage" , for a Commonwealth reserve, includes places, features, structures and objects that have aesthetic, archaeological, historic, scientific or social significance or other special value for the present community and for future generations.
"heritage value--" see Act, section 528.
"hovercraft" means a vehicle designed to be supported on a cushion of air.
"indigenous heritage value--" see Act, section 528.
"indigenous people's land--" see Act, section 528.
"indigenous person--" see Act, section 528.
"indigenous tradition--" see Act, subsection 201(4).
"infringement notice" has the meaning given by regulation 14.02.
"infringement notice penalty" has the meaning given by regulation 14.02.
"inspector--" see Act, section 528.
"Jabiru township" means the township established by the Authority.
"jointly managed reserve--" see Act, section 528.
"Kakadu National Park--" see Act, section 528.
"karst" includes surface and subterranean landscape features formed in water - soluble carbonate rocks.
Example: Limestone or dolomite.
"keep" , for an organism, means to have charge or possession of the organism, either in captivity or in a domesticated state.
"kill or injure" includes an action that results in death or injury.
"land--" see Act, section 528.
"land council--" see Act, section 528.
"landing area" means a part of a Commonwealth reserve authorised for use as an aerodrome by:
(a) an aerodrome certificate under the Civil Aviation Safety Regulations 1998 ; or
(b) a determination made by the Director under subregulation 12.58(4) of these Regulations.
"launching area" means an area stated to be a launching area under subregulation 12.57(2).
"liquid fuel" includes the solid form of a liquid that is used for heating or cooking.
"liquor" means a beverage that contains more than 1.15% by volume of ethyl alcohol.
"listed marine species--" see Act, section 528.
"listed migratory species--" see Act, section 528.
"listed species" means a native species that is a listed threatened species, a member of a listed threatened ecological community, a listed migratory species, a listed marine species or a cetacean.
"listed threatened ecological community" --see Act, section 528.
"listed threatened species--" see Act, section 528.
"live animal--" see Act, section 528.
"live plant--" see Act, section 528.
"member" , for a native species, includes all or part of the member's reproductive material or dead body.
"mineral--" see Act, section 528.
"moor" means to attach a vessel to a permanently installed mooring.
"mooring area" means an area stated to be a mooring area under subregulation 12.56(3).
"motor vehicle" means a vehicle for which the motive power is not provided by a human or animal.
"National Heritage List--" see Act, section 528.
"National Heritage place--" see Act, section 528.
"native species--" see Act, section 528.
"native title" has the meaning given by section 223 of the Native Title Act 1993 .
"native title holder" has the meaning given by section 224 of the Native Title Act 1993 .
"native title rights and interests" has the meaning given by section 223 of the Native Title Act 1993 .
"natural features" means features or elements of the landscape that have not been placed or erected by a person.
"natural properties" , for an ecosystem, means:
(a) the physical, chemical and biological components of the ecosystem, including soil, water, plants, animals and nutrients; and
(b) the interactions between those components.
"parking area" means:
(a) a part of a Commonwealth reserve designated by signs as a place where vehicles can be parked; or
(b) the access to and from, and the passageways in, that part.
"parking permit" means a permit issued under regulation 12.45.
"parking voucher" means a voucher:
(a) that is issued from a voucher machine; and
(b) on which the date and time of issue and expiry of the parking voucher is printed by the voucher machine.
"person visit" means a visit to a Commonwealth reserve by 1 person on 1 day.
"plant--" see Act, section 528.
"plant reproductive material--" see Act, section 528.
"precautionary principle--" see Act, section 528.
"prescribed waters--" see Act, section 528.
"progeny--" see Act, section 528.
"prohibited vessel" means any of the following:
(a) a jet ski;
(b) a parasail;
(c) a hovercraft;
(d) a hydrofoil;
(e) a wing - in - ground - effect craft;
(f) a motorised diving aid (for example, a motorised underwater scooter).
"project area" , for an action, means the area where the action is proposed to take place.
"protected species" means a native species that is:
(a) not a listed species; and
(b) mentioned in Schedule 12; and
(c) in, or taken in, a Commonwealth area to which Part 9 applies.
"public gathering" includes an assembly of persons for a demonstration or a cultural or competitive event.
"Ramsar Convention--" see Act, section 528.
"ranger--" see Act, section 528.
"recovery plan--" see Act, section 528.
"Register of critical habitat" means the register kept for subsection 207A(1) of the Act.
"relevant CITES authority--" see Act, section 303BC.
"relevant impacts--" see Act, section 528.
"seabed--" see Act, section 528.
"sealed source" , for radioactive material, means permanent containment in a capsule, or being closely bound in a solid form, that is strong enough to be leak - tight for:
(a) the intended use of the radioactive material; and
(b) any foreseeable abnormal events likely to affect the radioactive material.
"Secretary--" see Act, section 528.
"self-governing Territory--" see Act, section 528.
"sell" includes attempt or offer to sell, barter, cause or permit to be sold or offered for sale, have in possession for sale or send or receive for sale, and sale has a corresponding meaning.
"service" includes accommodation or transportation.
"species--" see Act, section 528.
"specimen--" see Act, section 528.
"speed limit sign" means a traffic sign inscribed with figures within a red circle.
"speleothem" means a deposit of calcium carbonate by diffusion of carbon dioxide from water in a cave.
"sub-species--" see Act, section 528.
"sustainable utilisation" , for a wetland, means the human use of the wetland so that it can yield the greatest continuous benefit to present generations while maintaining its potential to meet the needs and aspirations of future generations.
"taxon--" see Act, section 528.
"territorial sea--" see Act, section 528.
"threat abatement plan--" see Act, section 528.
"trade" , for an organism that is a member of a native species or of a ecological community, includes:
(a) buy the organism, agree to receive it under an agreement to buy or acquire it by barter; or
(b) sell the organism, offer it for sale, agree to sell it, have it in possession for sale, deliver it for sale, receive it for sale or dispose of it by barter for gain; or
(c) export the organism from Australia or an external Territory or import it into Australia or an external Territory; or
(d) cause or allow any of the acts mentioned in paragraph (a), (b) or (c) to be done.
"traditional owners--" see Act, section 528.
"traffic sign" means a sign mentioned in regulation 12.44A.
"unsealed source" , for radioactive material, means containment that does not satisfy the definition of sealed source .
"usage right--" see Act, section 528.
"vehicle access road" means a road in a Commonwealth reserve that:
(a) is a sealed road; and
(b) does not have a sign displayed on or near it indicating that it is prohibited to use motor vehicles on the road at that time.
"vehicle access track" means a road in a Commonwealth reserve that:
(a) is an unsealed road; and
(b) has a sign, erected by the Director, with the words 'Vehicle Access Track' displayed at the point or points that motor vehicles would normally access the track; and
(c) there are no signs displayed on the track indicating that it is prohibited to use motor vehicles on the track at that time.
"voucher machine" means a machine installed under regulation 12.46.
"vulnerable" --see Act, section 528.
"warden--" see Act, section 528.
"weapon" includes a disabled weapon.
"wetland--" see Act, section 528.
"whale" means a cetacean other than a dolphin.
"whale watching--" see Act, section 528.
"wildlife--" see Act, section 528.
"wildlife conservation plan" , for a listed species, means a plan made or adopted under section 285 of the Act.
"works" , for an action, includes earth works, removal or replacement of groundcover, diversion of water flows, tunnelling, drilling or any other sub - surface activity on land or water.
"World Heritage Convention--" see Act, section 528.
"World Heritage List--" see Act, section 528.