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THREATENED SPECIES CONSERVATION ACT 1995

- As at 30 June 2017
- Act 101 of 1995

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY
   Note

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   4A.     Biodiversity values-meaning
   5.      Notes in text
   5A.     Relationship between this Act and Part 7A of the Fisheries Management Act 1994

   PART 2 - LISTING OF THREATENED SPECIES, POPULATIONS AND ECOLOGICAL COMMUNITIES AND KEY THREATENING PROCESSES
   Note

           Division 1 - Lists of threatened species, populations and ecological communities and key threatening processes

   6.      Lists of endangered and critically endangered species, populations and ecological communities
   7.      Schedule 2 list of vulnerable species and ecological communities
   8.      Schedule 3 list of key threatening processes
   9.      Listing of nationally threatened species and ecological communities

           Division 2 - Eligibility for listing

   10.     Listing of species
   11.     Listing of populations
   12.     Listing of ecological communities
   13.     Threatening processes eligible for listing as key threatening processes
   14.     Regulations prescribing criteria under this Part
   15.     (Repealed)

           Division 3 - Procedure for listing

   16.     Operation of Division
   17.     Scientific Committee responsible for lists
   18.     Who may initiate action for listing
   19.     Making nomination for inclusion on, omission from or amendment of list
   19A.    Referral of nomination to Fisheries Scientific Committee
   20.     Scientific Committee may request additional information
   21.     Consideration of nomination by Scientific Committee
   22.     Scientific Committee’s preliminary determination
   23.     Scientific Committee’s final determination
   23A.    Minister’s response to proposed final determination
   24.     Publication of final determination
   25.     Revision of Schedule on publication of final determination
   25A.    Lists to be kept under review

           Division 4 - Procedure for provisional listing of endangered or critically endangered species on emergency basis

   26.     Operation of Division
   27.     Scientific Committee responsible for provisional listing
   28.     Eligibility for provisional listing
   29.     Who may initiate action for provisional listing
   30.     Making nomination for provisional listing
   31.     Scientific Committee may request additional information
   32.     Consideration of nomination for provisional listing by Scientific Committee
   33.     Publication of determination for provisional listing
   34.     Effect of publication of determination for provisional listing
   35.     Scientific Committee to review status of provisionally listed species
   36.     Termination of provisional listing

           Division 5 - Minor changes to listings

   36A.    Minor amendments to Schedules
   36B.    Publication of determination
   36C.    Revision of Schedule on publication of determination

   PART 3 - CRITICAL HABITAT OF ENDANGERED SPECIES, POPULATIONS AND ECOLOGICAL COMMUNITIES AND CRITICALLY ENDANGERED SPECIES AND ECOLOGICAL COMMUNITIES
   Note

           Division 1 - Identification and declaration of critical habitat

   37.     Habitat eligible to be declared to be critical habitat
   38.     Chief Executive responsible for identifying critical habitat
   39.     Chief Executive to consult with Scientific Committee
   40.     Preparation of recommendation for identification of critical habitat
   41.     Publication of recommendation
   42.     Consideration of submissions by Chief Executive
   43.     Chief Executive to refer recommendation to Minister
   44.     Consideration of recommendation by Minister
   45.     Consultation between Ministers
   46.     Minister may return recommendation to Chief Executive for amendment
   47.     Declaration of critical habitat by Minister
   48.     Publication of declaration of critical habitat
   49.     Amendment or revocation of declaration of critical habitat
   50.     Public authorities to have regard to critical habitat
   51.     Regulations may prohibit certain actions on critical habitat
   52.     Effect of failure to comply with procedural requirements

           Division 2 - Maps and register of critical habitat

   53.     Map of critical habitat to be prepared and published
   54.     Maps of critical habitat to be served
   55.     Chief Executive to keep register of critical habitat

   PART 4 - RECOVERY PLANS FOR THREATENED SPECIES, POPULATIONS AND ECOLOGICAL COMMUNITIES
   Note

           Division 1 - Preparation of recovery plans

   56.     Chief Executive to prepare recovery plans
   56A.    Joint preparation of recovery plans
   57.     Guidelines for recovery plans
   58.     Priorities for recovery plans
   59.     Contents of recovery plans
   60.     Consultation between chief executive officers
   61.     Publication of draft recovery plan
   62.     Consideration of submissions by Chief Executive
   63.     Chief Executive to refer draft recovery plan to Minister
   64.     Minister may return draft recovery plan to Chief Executive for amendment
   65.     Approval of recovery plan by Minister
   66.     Reasons for departure from draft recovery plan to be stated
   66A.    Advice of Scientific Committee to be included in plan
   67.     Recovery plans to be published
   68.     Review of recovery plans

           Division 2 - Implementation of recovery plans

   69.     Ministers and public authorities to implement recovery plans
   70.     Public authorities to report on implementation of recovery plans
   71.     Notification of proposed departures from recovery plan
   72.     Consultations with Chief Executive concerning proposed departures
   73.     Reference of proposed departures to Ministers and Premier

   PART 5 - THREAT ABATEMENT PLANS TO MANAGE KEY THREATENING PROCESSES
   Note

           Division 1 - Preparation of threat abatement plans

   74.     Chief Executive may prepare threat abatement plans
   74A.    Joint preparation of threat abatement plans
   75.     Guidelines for threat abatement plans
   76.     Priorities for threat abatement plans
   77.     Contents of threat abatement plans
   78.     Consultation between chief executive officers
   79.     Publication of draft threat abatement plan
   80.     Consideration of submissions by Chief Executive
   81.     Chief Executive to refer draft threat abatement plan to Minister
   82.     Minister may return draft threat abatement plan to Chief Executive for amendment
   83.     Approval of threat abatement plan by Minister
   84.     Threat abatement plans to be published
   85.     Review of threat abatement plans

           Division 2 - Implementation of threat abatement plans

   86.     Ministers and public authorities to implement threat abatement plans
   87.     Public authorities to report on implementation of threat abatement plans
   88.     Notification of proposed departures from threat abatement plan
   89.     Consultations with Chief Executive concerning proposed departures
   90.     Reference of proposed departures to Ministers and Premier

   PART 5A - THREATENED SPECIES PRIORITIES ACTION STATEMENT

   90A.    What the Statement provides for
   90B.    Chief Executive to prepare and adopt Priorities Action Statement
   90C.    Publication of draft statement or amendments
   90D.    Consideration of submissions by Chief Executive
   90E.    Review to include report on achievements

   PART 6 - LICENSING
   Note

           Division 1 - Grant of licences

   91.     Licence to harm or pick threatened species, populations or ecological communities or damage habitat
   92.     Application for licence
   93.     Payment of licence processing fee
   94.     Significant effect on threatened species, populations or ecological communities, or their habitats
   94A.    Assessment guidelines
   95.     Determination by Chief Executive as to significant effect
   96.     Publication of licence application
   96A.    Sale of copies of species impact statement
   97.     Matters that Chief Executive must take into account
   98.     Chief Executive may request additional information
   99.     Determination of licence application
   100.    Licence may extend to protected fauna or protected native plants
   101.    Conditions and restrictions to licence
   102.    Proposed variation of licence to be publicly notified
   103.    Notification of licence determination
   104.    Chief Executive to keep register of licences
   105.    Cancellation of licence
   106.    Appeal by applicant or person commenting on licence application
   107.    Time for appeal, and deemed approval
   108.    Stay of operation of licence pending appeal

           Division 2 - Species impact statements

   109.    Form of species impact statements
   110.    Content of species impact statement
   111.    Chief Executive’s requirements
   112.    Regulations
   113.    Chief Executive may accredit persons to prepare species impact statements

           Division 3 - Exceptions to licensing requirements

   113A.   Regulations
   113B.   Property management plans

           Division 4 - Miscellaneous

   113C.   Transitional-effect of changes to list of vulnerable species

   PART 7 - OTHER CONSERVATION MEASURES
   Note

           Division 1 - Stop work orders

   114.    Chief Executive may make stop work order
   115.    Prior notification of making of stop work order not required
   116.    Appeal to Minister
   117.    Extension of stop work order
   118.    Consultation about modification of proposed detrimental action
   119.    Recommendation for making of interim protection order
   120.    Stop work order prevails over other instruments

           Division 2 - Joint management agreements

   121.    Joint management agreements
   122.    Role of Scientific Committee
   123.    Contents of joint management agreements
   124.    Publication of draft joint management agreement
   125.    Consideration of submissions by Chief Executive
   126.    Amendment of joint management agreement

           Division 3 - Conservation agreements

   126A.   Conservation agreements

           Division 4 - Biodiversity certification of native vegetation reform package

   126B.   Native vegetation reform package
   126C.   Biodiversity certification of native vegetation reform package
   126D.   Effect of biodiversity certification
   126E.   Suspension of certification in connection with implementation of package
   126F.   Notification of certification, variation or suspension

           Division 5 - (Repealed)
           None

   PART 7AA - BIODIVERSITY CERTIFICATION

           Division 1 - Preliminary

   126G.   Definitions

           Division 2 - Biodiversity certification

   126H.   Biodiversity certification
   126I.   Effect of biodiversity certification

           Division 3 - Application for biodiversity certification

   126J.   Who may apply for biodiversity certification
   126K.   Certification not to be conferred without biodiversity certification strategy
   126L.   Conservation measures
   126M.   Biodiversity certification application
   126N.   Public notification requirements in relation to application

           Division 4 - Assessment of application for biodiversity certification

   126O.   Biodiversity certification to be conferred only if biodiversity values are improved or maintained
   126P.   When does biodiversity certification improve or maintain biodiversity values
   126Q.   Minor variations to methodology permitted
   126R.   Refusal to confer certification

           Division 5 - Biodiversity certification assessment methodology

   126S.   Biodiversity certification assessment methodology
   126T.   Establishment of methodology
   126U.   Changes to methodology
   126V.   Public consultation requirements applicable to methodology
   126W.   Minor changes to methodology not requiring public consultation
   126X.   Publication of methodology

           Division 6 - Conferral, extension and review of biodiversity certification

   126Y.   Approved measures under biodiversity certification
   126Z.   Parties to biodiversity certification
   126ZA.  Duration of biodiversity certification
   126ZB.  Extension of biodiversity certification
   126ZC.  Review of biodiversity certification

           Division 7 - Enforcement of approved measures

   126ZD.  Compliance with approved measures
   126ZE.  Equivalent conservation measures
   126ZF.  Appeals
   126ZG.  Disputes between Minister and other government authorities

           Division 8 - Biodiversity certification agreements

   126ZH.  Biodiversity certification agreements
   126ZI.  Duration of agreements
   126ZJ.  Registered agreements run with land
   126ZK.  Enforcement of agreements
   126ZL.  Minister may order party to rectify contravention of agreement
   126ZM.  Court cannot extinguish obligations
   126ZN.  Regulations-biodiversity certification agreements

           Division 9 - Suspension, revocation and modification of certification

   126ZO.  Suspension and revocation of certification
   126ZP.  Modification of certification
   126ZQ.  Application for modification of biodiversity certification
   126ZR.  Grounds for unilateral modification of certification
   126ZS.  Appeals
   126ZT.  Disputes between the Minister and other government authorities

           Division 10 - General

   126ZU.  Notification of certification and changes to certification
   126ZV.  Suspension, revocation or expiry of biodiversity certification does not affect obligations under certification
   126ZW.  Effect of changes to biodiversity certification on development and other activities
   126ZX.  Intra-government dispute resolution arrangements
   126ZY.  Powers of authorised officers
   126ZZ.  Effect of failure to comply with procedural requirements
   126ZZA. Part 5 of Planning Act does not apply to biodiversity certification process
   126ZZB. Extent of biodiversity certification
   126ZZC. Regulations

   PART 7A - BIODIVERSITY BANKING
   Note

           Division 1 - Preliminary

   127.    Definitions
   127A.   Establishment of biobanking scheme
   127B.   Biobanking assessment methodology
   127C.   Publication, amendment and review of biobanking assessment methodology

           Division 2 - Biobanking agreements

   127D.   Biobanking agreements
   127E.   Content of biobanking agreements
   127F.   General provisions relating to biobanking agreements
   127G.   Duration of agreements
   127H.   Variation of agreements
   127I.   Registration of agreements
   127J.   Agreements to run with land
   127K.   Management actions under biobanking agreement exempt from Planning Act
   127L.   Enforcement of agreements
   127M.   Powers of authorised officers
   127N.   Minister may order owner to rectify breach of biobanking agreement
   127O.   Transfer of land to Minister
   127P.   Application of Planning Act
   127Q.   Proposals by public authorities affecting biobank sites
   127R.   Resolution of certain disputes
   127S.   Prospecting and mining on biobank sites
   127T.   General provisions relating to variation or termination of agreements without consent of owner
   127U.   Activities authorised by mining authorities and petroleum titles not affected by biobanking agreement

           Division 3 - Creation of biodiversity credits

   127V.   Creation of biodiversity credits
   127W.   Application for creation of biodiversity credit
   127X.   Registration of biobank sites
   127Y.   Duration of biodiversity credit

           Division 4 - Trading in biodiversity credits

   127Z.   Transfers of biodiversity credits
   127ZA.  Payment of amount into Biobanking Trust Fund on first transfer of credit
   127ZB.  Registration of transfer of biodiversity credit
   127ZC.  Other transactions involving biodiversity credits

           Division 5 - Cancellation, suspension and retirement of biodiversity credits

   127ZD.  Grounds for cancellation of biodiversity credit
   127ZE.  General provisions relating to cancellation of biodiversity credits
   127ZF.  Suspension of biodiversity credit
   127ZG.  Application for retirement of biodiversity credits
   127ZH.  General provisions relating to retirement of biodiversity credits
   127ZI.  Order requiring biobank site owner to retire biodiversity credits

           Division 6 - Biobanking statements

   127ZJ.  Development for which biobanking is available
   127ZK.  Application for biobanking statement in respect of development
   127ZL.  Circumstances in which biobanking statement may be issued
   127ZM.  Concurrence of Secretary of the Department of Planning and Environment required in certain cases
   127ZN.  Form and conditions of biobanking statement
   127ZO.  Effect of issue of biobanking statement-development requiring development consent
   127ZP.  Effect of issue of biobanking statement-activities under Part 5 of Planning Act
   127ZQ.  Modification, revocation and lapsing of biobanking statement
   127ZR.  Minister may require retirement of credits
   127ZS.  Chief Executive may verify retirement of biodiversity credits

           Division 7 - Arrangements for deferral of retirement of biodiversity credits

   127ZT.  Deferred retirement arrangements
   127ZU.  Transfer or retirement of biodiversity credits held subject to deferred retirement arrangement
   127ZV.  Deadline for completion of restorative actions

           Division 8 - Financial matters

   127ZW.  Biobanking Trust Fund
   127ZX.  Management and control of Fund
   127ZY.  Fund Manager
   127ZZ.  Cost recovery
   127ZZA. Biodiversity Banking Account

           Division 9 - Registers

   127ZZB. Register of biobank sites
   127ZZC. Register of biodiversity credits
   127ZZD. Register of biobanking statements
   127ZZE. Evidentiary provisions
   127ZZF. Correction of register

           Division 10 - Miscellaneous

   127ZZG. Appeals
   127ZZH. Special arrangements for creation of national parks and other reservations
   127ZZI. Conservation brokers
   127ZZJ. Participation of Minister
   127ZZK. Exemption from liability
   127ZZL. Regulations
   127ZZM. Regulations not subject to staged repeal
   127ZZN. Review of operation of biobanking scheme

   PART 8 - SCIENTIFIC COMMITTEE
   Note

   128.    Establishment of Scientific Committee
   128A.   Functions of Scientific Committee
   129.    Members of Scientific Committee
   130.    Provisions relating to members of Scientific Committee
   131.    Chairperson and Deputy Chairperson
   132.    Disclosure of pecuniary interests
   133.    Procedure of Scientific Committee
   134.    Transaction of business outside meeting or by telephone or other means
   135.    Scientific Committee not subject to Ministerial control
   135A.   Exclusion of personal liability
   136.    Service of documents on Scientific Committee

   PART 9 - BIOLOGICAL DIVERSITY STRATEGY

   136A.   References to Minister and Chief Executive
           137-139. (Repealed)
   140.    The Strategy
   141.    Procedure for making or amending Strategy

   PART 9A - ADVISORY COUNCILS

   141A.   References to Minister and Chief Executive
   141B.   Biological Diversity Advisory Council
   141C.   Social and Economic Advisory Council
   141D.   Provisions relating to BDAC, SEAC and their members

   PART 9B - CRIMINAL AND OTHER PROCEEDINGS

           Division 1 - Proceedings for offences generally

   141E.   Proceedings for offences

           Division 2 - Restraining orders

   141F.   Restraint of breaches of Act or regulations

           Division 3 - Court orders in connection with offences

   141G.   Operation of Division
   141H.   Orders generally
   141I.   Orders for restoration and prevention
   141J.   Orders for costs, expenses and compensation at time offence proved
   141K.   Recovery of costs, expenses and compensation after offence proved
   141L.   Orders regarding costs and expenses of investigation
   141M.   Orders regarding monetary benefits
   141N.   Additional orders
   141O.   Offence

   PART 10 - MISCELLANEOUS
   Note

   142.    Act binds Crown
   142A.   Delegation
   142B.   Chief Executive may accredit persons to prepare assessments and surveys
   143.    Annual report by Chief Executive on operation of Act
   144.    Relationship of Act to National Parks and Wildlife Act 1974
   145.    Native title rights and interests
   146.    Decision not to disclose location of critical habitat
   146A.   Decision not to disclose other information
   147.    (Renumbered)
   148.    Form of notices
   149.    Service of documents
   150.    Regulations
   151.    (Renumbered)
   152.    Liability of directors etc for offences by corporation-offences attracting executive liability
   152A.   Liability of directors etc for offences by corporation-accessory to the commission of the offences
   152B.   Evidence as to state of mind of corporation
   153.    Time within which proceedings may be commenced
   154.    Ancillary offences
   154A.   Evidentiary provisions etc
   154B.   Onus of proof of reasonable excuse or lawful excuse
   155.    Repeal of Endangered Fauna (Interim Protection) Act 1991 No 66 and amending Acts
   156.    Savings, transitional and other provisions
   157.    Review of Act
           SCHEDULE 1
           SCHEDULE 1A
           SCHEDULE 2
           SCHEDULE 3
           Schedule 6 (Repealed)
           SCHEDULE 7


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