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ENDANGERED SPECIES PROTECTION ACT 1992

ENDANGERED SPECIES PROTECTION ACT 1992


TABLE OF PROVISIONS

           Long Title

   1.      Short title  
   2.      Commencement  
   3.      Objects of Act  
   4.      Definitions  
   5.      Commonwealth areas  
   6.      Endangered species and ecological communities  
   7.      Vulnerable species  
   8.      Species that are presumed extinct  
   9.      Interests in Commonwealth areas  
   10.     Disallowance of certain intruments  
   11.     Certain Territories regarded as States  
   12.     Act to bind Crown  
   13.     External Territories  
   14.     Outline of this Part  
   15.     Lists of native species  
   16.     Lists of ecological communities  
   17.     List of key threatening processes  
   18.     Minister may amend lists  
   19.     Reasons for amendments of lists  
   20.     Native species etc. that are endangered  
   21.     Native species that are vulnerable  
   22.     Native species that are presumed extinct  
   23.     Key threatening processes  
   24.     Minister must consider advice from Scientific Subcommittee  
   25.     Public may nominate native species etc.  
   26.     Rediscovery of native species that were presumed extinct  
   27.     Minister only to consider nature conservation matters  
   28.     Species posing a serious threat to human health  
   29.     Director to make lists available to the public  
   30.     Outline of this Part  
   31.     Recovery plans  
   32.     Content of recovery plans  
   33.     Threat abatement plans  
   34.     Content of threat abatement plans  
   35.     Eradication of non-native species  
   36.     Deadlines for preparing plans  
   37.     Advisory Committee to advise on scheduling of plans  
   38.     Preparation of draft plans  
   39.     Consultation on draft plans  
   40.     Consideration of comments  
   41.     Approval by the Minister  
   42.     Director to make plans available to the public  
   43.     Variation of plans  
   44.     Commonwealth assistance for the preparation of draft plans  
   45.     Advisory Committee to advise on assistance  
   46.     Adoption of draft plans  
   47.     Director to publicise adoption of draft plans  
   48.     Commonwealth assistance for implementation of plans  
   49.     Reports on preparation and implementation of plans  
   50.     Outline of this Part  
   51.     Director may enter into conservation agreements  
   52.     Content of conservation agreements  
   53.     Conservation agreements to be legally binding  
   54.     Publication of conservation agreements  
   55.     List of conservation agreements  
   56.     Outline of this Part  
   57.     Minister may make interim conservation orders  
   58.     Limitations on the power to make interim conservation orders  
   59.     Grounds for making interim conservation orders  
   60.     Consideration of the social and economic impact of interim conservation orders  
   61.     Procedure for making interim conservation orders  
   62.     Duration of interim conservation orders  
   63.     Publication of interim conservation orders  
   64.     Application for reconsideration of interim conservation orders  
   65.     Reconsideration of interim conservation orders  
   66.     Director to attempt to enter into conservation agreements  
   67.     Assistance for complying with interim conservation orders  
   68.     Minister may make permanent conservation orders  
   69.     Grounds for making permanent conservation orders  
   70.     Economic and social considerations  
   71.     Procedure for making permanent conservation orders  
   72.     Duration of permanent conservation orders  
   73.     Reviews of permanent conservation orders  
   74.     Publication of permanent conservation orders  
   75.     Application for reconsideration of permanent conservation orders or decisions on review  
   76.     Reconsideration of permanent conservation orders and decisions on review  
   77.     Assistance in complying with permanent conservation orders  
   78.     Application of this Division  
   79.     Minister may make impact assessment conservation orders  
   80.     Grounds for making impact assessment conservation orders  
   81.     Consideration of the social and economic impact of impact assessment conservation orders  
   82.     Procedure for making impact assessment conservation orders  
   83.     Duration of impact assessment conservation orders  
   84.     Publication of impact assessment conservation orders  
   85.     Outline of this Part  
   86.     Compliance with conservation orders  
   87.     Taking etc. listed native species  
   88.     Application for permits  
   89.     Director may issue permits  
   90.     Public consultation  
   91.     Deadline for making a decision  
   92.     Cancellation of permits  
   93.     Notification of rights to reconsideration  
   94.     Application for reconsideration  
   95.     Reconsideration of decisions  
   96.     Review by the Administrative Appeals Tribunal  
   97.     Surrender of permits  
   98.     Publication of permit details etc.  
   99.     Compliance. with recovery plans and threat abatement plans  
   100.    Compliance with impact assessment conservation orders  
   101.    Effect of Minister's advice on proposed actions etc.  
   102.    Commonwealth agencies to have regard to certain State laws  
   103.    Commonwealth agencies to seek advice on proposed actions etc.  
   104.    Minister to consider proposed actions etc.  
   105.    Contents of notices of advice  
   106.    Review by the Administrative Appeals Tribunal  
   107.    Repair of damage  
   108.    Liability for expenses incurred by the Commonwealth  
   109.    Ancillary offences  
   110.    Court may order convicted persons to pay amounts  
   111.    Enforcement of orders for payment  
   112.    Further orders relating to the same act or omission  
   113.    Outline of this Part  
   114.    General administration of Act  
   115.    Additional functions of Director  
   116.    Delegation  
   117.    Consultation with the Great Barrier Reef Marine Park Authority  
   118.    Interpretation  
   119.    Extent of powers  
   120.    Arrest without warrant  
   121.    Confiscation and forfeiture  
   122.    Searches of vehicles, aircraft and vessels  
   123.    Searches of land and premises  
   124.    Warrants for searches of land or premises  
   125.    Warrants may be granted by telephone etc.  
   126.    Retention of things seized  
   127.    Officers may require certain information  
   128.    Power to pursue persons and vessels  
   129.    Obstruction of officers etc.  
   130.    Injunctions granted on the application of the Director  
   131.    Injunctions granted on the application of interested persons  
   132.    Interim injunctions  
   133.    Discharge etc. of injunctions  
   134.    Certain limits on granting injunctions not to apply  
   135.    Other powers of the court unaffected  
   136.    Outline of this Part  
   137.    Establishment  
   138.    Functions  
   139.    Constitution  
   140.    Appointment of members  
   141.    Chairperson  
   142.    Terms of office  
   143.    Terms and conditions of appointment  
   144.    Remuneration and allowances  
   145.    Leave of absence  
   146.    Resignation  
   147.    Outside employment  
   148.    Termination of appointment  
   149.    Convening meetings  
   150.    Presiding at meetings  
   151.    Quorum  
   152.    Voting at meetings  
   153.    Conduct of meetings  
   154.    Resolutions without meetings  
   155.    Records relating to meetings  
   156.    Disclosure of interests  
   157.    Persons may be invited to attend meetings  
   158.    Establishment  
   159.    Functions  
   160.    Constitution  
   161.    Chairperson of Scientific Subcommittee  
   162.    Terms of office  
   163.    Meetings of the Scientific Subcommittee  
   164.    Assistance for the Committees  
   165.    Inventories of listed native species etc.  
   166.    Surveys of marine species etc.  
   167.    Obligations under this Act unaffected by lack of inventories or surveys  
   168.    Review of operation of Act  
   169.    Waiver of obligations imposed by this Act  
   170.    Effect of failure to meet time limits  
   171.    This Act to be subject to international obligations  
   172.    Compensation  
   173.    Raising funds  
   174.    International assistance  
   175.    Giving effect to international agreements  
   176.    Regulations  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4