ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999
Table of Provisions
CHAPTER 1--Preliminary
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Objects of Act
- 3A Principles of ecologically sustainable development
- 4 Act to bind Crown
- 5 Application of Act
- 7 Application of the Criminal Code
- 8 Native title rights not affected
- 9 Relationship with other Acts
- 10 Relationship with State law
CHAPTER 2--Protecting the environment
PART 2--SIMPLIFIED OUTLINE OF THIS CHAPTER
- 11 Simplified outline of this Chapter
PART 3--REQUIREMENTS FOR ENVIRONMENTAL APPROVALS
Division 1--Requirements relating to matters of national environmental significance
- 12 Requirement for approval of activities with a significant impact
- 13 What is a declared World Heritage property?
- 14 Declaring a property to be a declared World Heritage
- 15 Amending or revoking a declaration of a declared World Heritage
- 15A Offences relating to declared World Heritage properties
- 16 Requirement for approval of activities with a significant impact
- 17 What is a declared Ramsar wetland?
- 17A Making and revoking declarations of wetlands
- 17B Offences relating to declared Ramsar wetlands
- 18 Actions with significant impact on listed threatened species or
- 18A Offences relating to threatened species etc.
- 19 Certain actions relating to listed threatened species and listed
- 20 Requirement for approval of activities with a significant impact
- 20A Offences relating to listed migratory species
- 21 Requirement for approval of nuclear actions
- 22 What is a nuclear action?
- 22A Offences relating to nuclear actions
- 23 Requirement for approval of activities involving the marine
- 24 What is a Commonwealth marine area?
- 24A Offences relating to marine areas
- 25 Requirement for approval of prescribed actions
Division 2--Protection of the environment from proposals involving the Commonwealth
- 26 Requirement for approval of activities involving Commonwealth
- 27 What is Commonwealth land?
- 27A Offences relating to Commonwealth land
- 28 Requirement for approval of activities of Commonwealth agencies
Division 3--Review of extension of operation of this Part
- 28A Identifying extra matters to be protected by this Part
PART 4--CASES IN WHICH ENVIRONMENTAL APPROVALS ARE NOT NEEDED
Division 1--Actions covered by bilateral agreements
- 29 Actions declared by agreement not to need approval
- 30 Extended operation in State and Northern Territory
- 31 Extended operation in non-self-governing Territories
Division 2--Actions covered by Ministerial declarations
- 32 Actions declared by Minister not to need approval
- 33 Making declaration that actions do not need approval under Part
- 34 What is matter protected by a provision of Part
- 34A Minister may only make declaration if prescribed criteria are
- 34B Declarations relating to declared World Heritage
- 34C Declarations relating to declared Ramsar wetlands
- 34D Declarations relating to listed threatened species and ecological
- 34E Declarations relating to migratory species
- 35 Revoking declarations
- 36 Other rules about declarations
Division 4--Forestry operations in certain regions
- 38 Approval not needed for forestry operations permitted by regional
- 39 Object of this Subdivision
- 40 Forestry operations in regions not yet covered by regional forest
- 41 What is an RFA region?
- 42 This Division does not apply to some forestry operations
Division 5--Actions in the Great Barrier Reef Marine Park
- 43 Actions taken in accordance with permission
CHAPTER 3--Bilateral agreements
PART 5--BILATERAL AGREEMENTS
Division 1--Object of Part
- 44 Object of this Part
Division 2--Making bilateral agreements
- 45 Minister may make agreement
- 46 Agreement may declare actions do not need approval under Part
- 47 Agreement may declare classes of actions do not need
- 48 Other provisions of bilateral agreements
- 48A Mandatory provisions
- 49 Express provision needed to affect Commonwealth areas or
- 49A Consultation on draft agreement
- 50 Minister may only enter into agreement if prescribed criteria are
- 51 Agreements relating to declared World Heritage
- 52 Agreements relating to declared Ramsar wetlands
- 53 Agreements relating to listed threatened species and ecological
- 54 Agreements relating to migratory species
- 55 Agreements relating to nuclear actions
- 56 Agreements relating to prescribed actions
Division 3--Suspending and ending the effect of bilateral agreements
- 57 Representations about suspension or cancellation
- 58 Consultation before cancellation or suspension
- 59 Suspension or cancellation
- 60 Emergency suspension of effect of bilateral agreement
- 61 Cancellation during suspension
- 62 Revocation of notice of suspension or cancellation
- 63 Cancellation or suspension at request of other party
- 64 Cancellation or suspension of bilateral agreement does not affect
- 65 Expiry and review of bilateral agreements
- 65A Expiry of bilateral agreement does not affect certain
CHAPTER 4--Environmental assessments and approvals
PART 6--SIMPLIFIED OUTLINE OF THIS CHAPTER
- 66 Simplified outline of this Chapter
PART 7--DECIDING WHETHER APPROVAL OF ACTIONS IS NEEDED
Division 1--Referral of proposals to take action
- 67 What is a controlled action?
- 68 Referral by person proposing to take action
- 69 State or Territory may refer proposal to Minister
- 70 Minister may request referral of proposal
- 71 Commonwealth agency may refer proposal to Minister
- 72 Form and content of referrals
- 73 Informing person proposing to take action of referral
- 74 Inviting provision of information on referred proposal
Division 2--Ministerial decision whether action needs approval
- 75 Does the proposed action need approval?
- 76 Minister may request more information for making
- 77 Notice and reasons for decision
- 78 Reconsideration of decision
- 79 Reconsideration of decision on request by a State or
PART 8--ASSESSING IMPACTS OF CONTROLLED ACTIONS
Division 1--Simplified outline of this Part
- 80 Simplified outline of this Part
Division 2--Application of this Part
- 81 Application
- 82 What are the relevant impacts of an action?
- 83 This Part does not apply if action covered by bilateral
- 84 This Part does not apply if action covered by
Division 3--Decision on assessment approach
- 85 Simplified outline of this Division
- 86 Designated proponent must provide preliminary information for
- 87 Minister must decide on approach for assessment
- 88 Timing of decision on assessment approach
- 89 Minister may request more information for making
- 90 Directing an inquiry after starting an assessment
- 91 Notice of decision on assessment approach
Division 4--Assessment on preliminary documentation
- 92 Application
- 93 Public comment on information included in referral
- 94 Revised documentation
- 95 Assessment report
Division 5--Public environment reports
- 96 Application
- 97 Minister must prepare guidelines for draft public environment
- 98 Designated proponent must invite comment on draft public
- 99 Finalising public environment report
- 100 Assessment report
Division 6--Environmental impact statements
- 101 Application
- 102 Minister must prepare guidelines for draft environmental impact
- 103 Designated proponent must invite comment on draft environmental
- 104 Finalising draft environmental impact statement
- 105 Assessment report
Division 7--Inquiries
- 106 Simplified outline
- 107 Appointing commissioners and setting terms of reference
- 108 Publicising inquiry
- 109 Procedure of inquiries
- 110 Inquiry to be public
- 111 Calling witnesses
- 112 Dealing with witnesses
- 113 Dealing with documents given to commission
- 114 Inspections of land, buildings and places
- 115 Entering premises by consent
- 116 Entering premises under warrant
- 117 Warrants by telephone or other electronic means
- 118 Identity cards
- 119 Contempt
- 120 Protection of commissioners and witnesses
- 121 Timing of report
- 122 Publication of report
- 123 Basis of appointment
- 124 Remuneration
- 125 Leave of absence
- 126 Resignation
- 127 Termination of appointment
- 128 Disclosure of interests
- 129 Other terms and conditions
PART 9--APPROVAL OF ACTIONS
Division 1--Decisions on approval and conditions
- 130 Timing of decision on approval
- 131 Inviting comments from other Ministers before decision
- 132 Requesting further information for approval decision
- 133 Grant of approval
- 134 Attaching conditions to approval
- 135 Certain approvals and conditions must not give
- 136 General considerations
- 137 Requirements for decisions about World Heritage
- 138 Requirements for decisions about Ramsar wetlands
- 139 Requirements for decisions about threatened species and
- 140 Requirements for decisions about migratory species
- 140A No approval for certain nuclear installations
Division 2--Requirement to comply with conditions
Division 3--Variation of conditions and suspension and revocation of approvals
- 143 Variation of conditions attached to approval
- 144 Suspension of approval
- 145 Revocation of approval
- 145A Reinstating suspended or revoked approval
Division 4--Transfer of approvals
- 145B Transfer with Minister's consent
PART 10--STRATEGIC ASSESSMENTS
Division 1--Strategic assessments generally
- 146 Minister may agree on strategic assessment
Division 2--Assessment of Commonwealth-managed fisheries
- 147 Simplified outline of this Division
- 148 Assessment before management plan is determined
- 149 Assessment before determination that no plan required
- 150 Assessment of all fisheries without plans must be started within
- 151 Assessment of all Torres Strait fisheries to be started within 5
- 152 Further assessment if impacts greater than previously
- 153 Minister must make declaration if he or she endorses plan or
- 154 This Division does not limit Division 1
PART 11--MISCELLANEOUS RULES ABOUT ASSESSMENTS AND APPROVALS
Division 1--Rules about timing
Division 2--Actions in area offshore from a State or the Northern Territory
Division 3--Exemptions
- 158 Exemptions from Part 3 and this Chapter
Division 4--Application of Chapter to actions that are not controlled actions
- 159 Simplified outline of this Subdivision
- 160 Requirement to take account of Minister's advice
- 161 Seeking the Minister's advice
- 162 Assessment of the action
- 163 Providing advice
- 164 Reporting on response to advice
- 165 Assessment of applications for permits relating to whales,
- 166 This Subdivision applies if Ministers agree it should
- 167 Making an agreement
- 168 Content of an agreement
- 169 Application of a Division of Part 8
- 170 Application of Division 1 of Part 10
Division 5--Publication of information relating to assessments
- 170A Publication of information relating to assessments
CHAPTER 5--Conservation of biodiversity
PART 12--IDENTIFYING AND MONITORING BIODIVERSITY AND MAKING BIOREGIONAL PLANS
Division 1--Identifying and monitoring biodiversity
- 171 Identifying and monitoring biodiversity
- 172 Inventories of listed threatened species etc. on Commonwealth
- 173 Surveys of cetaceans, listed threatened species etc. in
- 174 Inventories and surveys to be updated
- 175 Obligations under this Act unaffected by lack of inventories or
Division 2--Bioregional plans
PART 13--SPECIES AND COMMUNITIES
Division 1--Listed threatened species and ecological communities
- 178 Listing of threatened species
- 179 Categories of threatened species
- 180 Native species of marine fish
- 181 Listing of threatened ecological communities
- 182 Critically endangered, endangered and vulnerable communities
- 183 Listing of key threatening processes
- 184 Minister may amend lists
- 185 Maintaining the lists in up-to-date condition
- 186 Amending list of threatened native species
- 187 Amending list of ecological communities
- 188 Amending list of key threatening processes
- 189 Minister must consider advice from Scientific Committee
- 190 Scientific Committee may provide advice about species or
- 191 Nomination of threatened species etc.
- 192 Rediscovery of threatened species that were extinct
- 193 Species posing a serious threat to human health
- 194 Minister to make lists available to the public
- 195 Subdivision does not apply to cetaceans
- 196 Recklessly killing or injuring member of listed threatened
- 196A Strict liability for killing or injuring member of listed
- 196B Recklessly taking etc. member of listed threatened species or
- 196C Strict liability for taking etc. member of listed threatened
- 196D Trading etc. member of listed threatened species or community
- 196E Strict liability for trading etc. member of listed threatened
- 197 Certain actions are not offences
- 198 Operation of sections 18 and 18A not affected
- 199 Failing to notify taking of listed threatened species or listed
- 200 Application for permits
- 201 Minister may issue permits
- 202 Conditions of permits
- 203 Contravening conditions of a permit
- 204 Authorities under permits
- 205 Transfer of permits
- 206 Suspension or cancellation of permits
- 206A Review of decisions about permits
- 207 Fees
- 207A Register of critical habitat
- 207B Offence of knowingly damaging critical habitat
- 207C Sale or lease of Commonwealth land containing critical
- 208 Regulations
Division 2--Migratory species
- 209 Listed migratory species
- 210 Subdivision does not apply to members of listed threatened
- 211 Recklessly killing or injuring member of listed migratory
- 211A Strict liability for killing or injuring member of listed
- 211B Recklessly taking etc. member of listed migratory
- 211C Strict liability for taking etc. member of listed migratory
- 211D Trading etc. member of listed migratory species taken in
- 211E Strict liability for trading etc. member of listed migratory
- 212 Certain actions are not offences
- 213 Operation of sections 20 and 20A not affected
- 214 Failing to notify taking etc. of listed migratory species
- 215 Application for permits
- 216 Minister may issue permits
- 217 Conditions of permits
- 218 Contravening conditions of a permit
- 219 Authorities under permits
- 220 Transfer of permits
- 221 Suspension or cancellation of permits
- 221A Review of decisions about permits
- 222 Fees
- 223 Regulations
Division 3--Whales and other cetaceans
- 224 Application of Division
- 225 Australian Whale Sanctuary
- 226 Prescribed waters
- 227 Coastal waters
- 228 Minister may make declaration for coastal waters
- 229 Recklessly killing or injuring a cetacean
- 229A Strict liability for killing or injuring a cetacean
- 229B Intentionally taking etc. a cetacean
- 229C Strict liability for taking etc. a cetacean
- 229D Treating an illegally killed or taken cetacean
- 230 Possession of cetaceans
- 231 Certain actions are not offences
- 232 Action to be taken on killing etc. cetaceans
- 233 Possession of unlawfully imported cetaceans
- 234 Treating unlawfully imported cetaceans
- 235 Sections 233 and 234 do not apply to certain actions
- 236 Offences relating to foreign whaling vessels
- 237 Application for permits
- 238 Minister may issue permits
- 239 Conditions of permits
- 240 Contravening conditions of a permit
- 241 Authorities under permits
- 242 Transfer of permits
- 243 Suspension or cancellation of permits
- 243A Review of decisions about permits
- 244 Fees
- 245 Minister may accredit plans of management
- 246 Vesting of whales in Commonwealth
- 247 Regulations
Division 4--Listed marine species
- 248 Listed marine species
- 249 Minister may amend list
- 250 Adding marine species to the list
- 251 Minister must consider advice from Scientific Committee
- 252 Minister to make lists available to the public
- 253 Subdivision does not apply to members of certain species and
- 254 Recklessly killing or injuring member of listed marine
- 254A Strict liability for killing or injuring member of listed marine
- 254B Recklessly taking etc. member of listed marine species
- 254C Strict liability for taking etc. member of listed marine
- 254D Trading etc. member of listed marine species taken in
- 254E Strict liability for trading etc. member of listed marine
- 255 Certain actions are not offences
- 256 Failing to notify taking etc. of listed marine wildlife
- 257 Application for permits
- 258 Minister may issue permits
- 259 Conditions of permits
- 260 Contravening conditions of a permit
- 261 Authorities under permits
- 262 Transfer of permits
- 263 Suspension or cancellation of permits
- 263A Review of decisions about permits
- 264 Fees
- 265 Minister may accredit plans of management
- 266 Regulations
Division 4A--Register for consultations about permits
- 266A Register for consultation about permit applications
Division 5--Plans
- 267 Simplified outline of this Subdivision
- 268 Compliance with recovery plans and threat abatement
- 269 Implementing recovery and threat abatement plans
- 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, review and variation of plans
- 279 Variation of plans by the Minister
- 280 Variation by a State or Territory of joint plans and plans
- 281 Commonwealth assistance
- 282 Scientific Committee to advise on assistance
- 283 Plans may cover more than one species etc.
- 283A Revoking a threat abatement plan
- 284 Reports on preparation and implementation of 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
- 296 Commonwealth assistance
- 297 Plans may cover more than one species etc.
- 298 Reports on preparation and implementation of plans
- 299 Wildlife conservation plans cease to have effect
- 300 Document may contain more than one plan
- 300A State and Territory laws not affected
Division 6--Access to biological resources
- 301 Control of access to biological resources
Division 6A--Control of non-native species
Division 7--Aid for conservation of species in foreign countries
Division 8--Miscellaneous
- 303 Regulations
- 303A Exemptions from this Part
PART 14--CONSERVATION AGREEMENTS
- 304 Object of this Part
- 305 Minister may enter into conservation agreements
- 306 Content of conservation agreements
- 307 Conservation agreements to be legally binding
- 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
- 313 Simplified outline of this Division
- 314 Special provisions relating to World Heritage
- 315 Minister must give notice of submission of property for listing
- 316 Making plans
- 317 Notice of plans
- 318 Compliance with plans
- 319 Review of plans every 5 years
- 320 Application
- 321 Co-operating to prepare and implement plans
- 322 Commonwealth responsibilities
- 323 Australian World Heritage management principles
- 324 Commonwealth assistance for protecting declared World Heritage
Division 2--Managing wetlands of international importance
- 325 Simplified outline of this Division
- 326 Commonwealth must seek agreement before designation
- 327 Minister must give notice of designation of wetland
- 328 Making plans
- 329 Notice of plans
- 330 Compliance with plans
- 331 Review of plans every 5 years
- 332 Application
- 333 Co-operating to prepare and implement plans
- 334 Commonwealth responsibilities
- 335 Australian Ramsar management principles
- 336 Commonwealth assistance for protecting declared Ramsar
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
Division 4--Commonwealth reserves
- 342 Simplified outline of this Division
- 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
- 348 Australian IUCN reserve management principles
- 349 Proclamations assigning reserve or zone to wilderness area
- 350 Revocation and alteration of Commonwealth reserves
- 351 Report before making Proclamation
- 352 What happens to Director's usage rights when Commonwealth reserve
- 353 Simplified outline of this Subdivision
- 354 Activities that may be carried on only under management
- 355 Limits on mining operations in Commonwealth reserves
- 356 Regulations controlling activities relating to Commonwealth
- 356A Charges for activities in Commonwealth reserves
- 357 Managing Commonwealth reserves while a management plan is not in
- 358 Restriction on disposal of Director's interests in Commonwealth
- 359 Prior usage rights relating to Commonwealth reserves continue to
- 359A Traditional use of Commonwealth reserves by indigenous
- 360 Activities in wilderness areas
- 361 Simplified outline of this Subdivision
- 362 Commonwealth and Commonwealth agencies to comply with management
- 363 Resolving disagreement between land council and Director over
- 364 Resolving disagreement between Director and Board over
- 365 Simplified outline of this Subdivision
- 366 Obligation to prepare management plans for Commonwealth
- 367 Content of a management plan for a Commonwealth reserve
- 368 Steps in preparing management plans for Commonwealth
- 369 Resolving disagreements between Director and Board in planning
- 370 Approval of management plans for Commonwealth reserves
- 371 Approved management plans are disallowable instruments
- 372 Amendment and revocation of management plans for Commonwealth
- 373 Expiry of management plans for Commonwealth reserves
- 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
- 378 Altering the constitution of a Board or abolishing a
- 379 Appointment of Board members
- 380 Terms and conditions
- 381 Remuneration
- 382 Termination of appointments of Board members
- 383 Procedure of a Board
- 384 Simplified outline of this Subdivision
- 385 Activities in Commonwealth reserve without management
- 386 What are the Kakadu region and the Uluru
- 387 No mining operations in Kakadu National Park
- 388 Establishment and development of townships in the Kakadu region
- 389 Planning for townships
- 390 Special rules to protect Aboriginal interests in planning
- 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
- 390J Revoking and altering conservation zones
CHAPTER 6--Administration
PART 16--APPLICATION OF PRECAUTIONARY PRINCIPLE IN DECISION-MAKING
- 391 Minister must consider precautionary principle in making
PART 17--ENFORCEMENT
Division 1--Wardens, rangers and inspectors
- 392 Appointment of wardens and rangers
- 393 Arrangements for certain officers or employees to exercise powers
- 394 Wardens ex officio
- 395 Identity cards
- 396 Appointment of inspectors
- 397 Inspectors ex officio
- 398 Arrangements for State and Territory officers to be
- 399 Identity cards
- 400 Regulations may give wardens, rangers and inspectors extra
- 401 Impersonating authorised officers and rangers
- 402 Offences against authorised officers and rangers
Division 2--Boarding of vessels etc. and access to premises by consent
- 403 Boarding of vessels etc. by authorised officers
- 404 Authorised officers to produce identification
- 405 Access to premises
- 406 Powers of authorised officers
Division 3--Monitoring of compliance
- 407 Monitoring powers
- 408 Monitoring searches with occupier's consent
- 409 Monitoring warrants
- 410 Details of monitoring warrant to be given to occupier
- 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
- 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 5--Stopping and searching aircraft, vehicles or vessels
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
- 433 Power to conduct search of arrested person's premises
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 which are seized
- 439 Magistrate may permit a thing to be retained
- 440 Law relating to legal professional privilege not
- 441 Other laws about search, arrest etc. not affected
- 442 Persons to assist authorised officers
Division 8--Power to search goods, baggage etc.
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.
- 445 Seizure of goods
- 446 Retention of goods that have been seized
- 447 Disposal of goods if there is no owner or owner cannot be
- 448 Release of goods that have been seized
- 449 Immediate disposal of seized items
- 450 Court-ordered forfeiture
- 451 Dealings in forfeited items
- 452 Delivery of forfeited items to the Commonwealth
- 453 Keeping of organisms retained under this Part
- 454 Recovery of costs of storing or keeping organisms
- 455 Rescuing goods
- 456 Breaking or destroying goods or documents to prevent seizure
Division 11--Powers of pursuit
- 457 Power to pursue persons etc.
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
Division 13--Conservation orders
- 463 Simplified outline of this Division
- 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
- 469 Reconsideration of conservation orders and decisions on
- 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
- 477 Discharge of injunctions
- 478 No undertakings as to damages
- 479 Certain considerations for granting injunctions not
- 480 Powers conferred are in addition to other powers of the
Division 15--Civil penalties
- 481 Federal Court may order person to pay pecuniary penalty for
- 482 What is a civil penalty provision?
- 483 Contravening a civil penalty provision is not an
- 484 Persons involved in contravening civil penalty
- 485 Recovery of a pecuniary penalty
- 486 Gathering information for application for pecuniary
- 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
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
- 490 Providing false or misleading information in response to a
- 491 Providing false or misleading information to authorised officer
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
- 495 Criminal liability of executive officers of bodies
- 496 Did an executive officer take reasonable steps to prevent
Division 19--Infringement notices
- 497 Infringement notices
Division 20--Publicising contraventions
- 498 Minister may publicise contraventions of this Act or the
Division 21--Immunity of officers
- 498A Immunity of officers and assistants
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
Division 2--Establishment and functions of the Biological Diversity Advisory Committee
Division 2A--Indigenous Advisory Committee
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
- 514A Continuation
- 514B Functions
- 514C Powers
- 514D Requirements relating to functions and powers
- 514E Constitution
- 514F Appointment
- 514G Acting appointments
- 514H Term of office
- 514J Remuneration
- 514K Outside employment
- 514L Disclosure of interests
- 514M Leave of absence
- 514N Resignation
- 514P Termination
- 514Q Other terms and conditions
- 514R Australian National Parks Fund
- 514S Payments to Australian National Parks Fund
- 514T Application of money
- 514U Modification of the Commonwealth Authorities and Companies
- 514V Extra matters to be included in annual report
- 514W Exemption from taxation
- 514X Changes in office of Director
PART 20--DELEGATION
- 515 Delegation
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
- 518 Non-compliance with time limits
- 519 Compensation for acquisition of property
- 520 Regulations
- 521 Fees and charges must not be taxes
- 522 Financial assistance etc. to be paid out of appropriated
- 522A Review of operation of Act
- 522B This Act does not apply to certain actions with prior
CHAPTER 8--Definitions
PART 23--DEFINITIONS
Division 1--Some definitions relating to particular topics
- 523 Actions
- 524 Things that are not actions
- 524A Provision of grant funding is not an action
- 524B Significant impact of actions
- 525 Commonwealth areas
- 526 Subsidiaries of bodies corporate
- 527 Convictions
Division 2--General list of definitions
- 528 Definitions