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ENDANGERED SPECIES PROTECTION REGULATIONS 1993 NO. 84

ENDANGERED SPECIES PROTECTION REGULATIONS 1993 NO. 84

EXPLANATORY STATEMENT

STATUTORY RULES 1993 No. 84

(Issued under the Authority of the Minister for the Environment, Sport and Territories)

Endangered Species Protection Act 1992

Endangered Species Protection Regulations

The purpose of these Regulations is to make the Endangered Species Protection Act 1992 (the Act) fully operational. Section 176 of the Act provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 25(1) of the Act provides that any person may nominate an item to be listed in Schedules 1 to 3 of the Act. The Regulations specify the information which must be provided and a declaration which must be made when nominating items for listing in Schedules 1 to 3.

Subsection 88(1) of the Act provides that a person may apply in writing to the Director of National Parks and Wildlife for a permit to be issued to take, trade, keep or move any member of a listed native species. The Regulations specify the information which must be provided and a declaration which must be made when applying for such a permit.

Further details of the Regulations are contained in the Attachment.

ATTACHMENT

Details of Endangered Species

Protection Regulations

Regulation 1 names the Regulations.

Regulation _2 defines the meaning of the words "Act" and "nomination", as used in the Regulations.

Regulation 3 requires persons making nominations for listing items in the Schedules to do so in writing and to provide the full name, signature, address and telephone number of each person making the nomination. In cases where a person nominates an item on behalf of an unincorporated body, the name and address of the body must be supplied.

Regulation 4 specifies the information which must be provided when nominating native species for listing in Schedule 1 to the Act. This includes the Part in the Schedule-for which listing of the species is being nominated (i.e. endangered, vulnerable or presumed extinct) and the reasons supporting this.

Paragraph (j) of this Regulation refers to the definition of "species" given in subsection 4(1) of the Act. Under paragraph (d) of that subsection and for the purposes of the definition of "species", the Minister may determine that a distinct population of biological entities is a species. Where this is the case for a nomination under this Regulation, details of the minister's determination must be provided.

Regulation 1 specifies the information which must be provided when nominating an ecological community for listing in Schedule 2 (listed ecological communities) to the Act. This includes the name, description and classification of the ecological community, reasons why it is considered endangered, estimates of its past and current distribution, and relevant scientific literature references.

Regulation 6 specifies the information which must be provided when nominating a threatening process for listing in Schedule 3 (key threatening processes) to the Act (processes already listed include predation by feral cats and competition and land degradation by feral rabbits). As well as a description of the threatening process, information required includes identification of those species and ecological communities that are listed in Schedules 1 and 2 to the Act that are adversely affected by the threatening process, and other species and ecological communities that could become endangered or vulnerable because of the threatening process.

Regulation 7 requires a person or persons making a nomination to declare in writing that, to the best of knowledge of the person or persons, the information included in the nomination is correct.

Regulation 8 specifies the information which must be provided (in writing) when applying for a permit to take (including kill, destroy, damage or collect), trade keep, or move any member of a listed native species. This must include a statement on the objectives of the action to be undertaken and whether the action would have significant conservation implications for the species in question, or any other listed native species. This latter statement should also discuss the impact of the action on any recovery plan for the species, the action's significance in Aboriginal and Torres Strait Islander tradition, and whether the action is necessary to control a pathogen.

Regulation 9 specifies a fee of $100 to accompany an application for a permit to take.

Regulation 10 requires a declaration to be included with all applications that the information in the application is believed to be correct. It also requires a declaration stating whether the applicant/s has/have been convicted of, or is/are subject to proceedings in relation to an offence under the laws listed in subregulation (2). Subregulation (3) describes those situations where a person is taken to have been convicted of an offence.

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