FLORA AND FAUNA GUARANTEE ACT 1988
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 4 Objectives of this Act
- 4A Principles of this Act
- 4B Ministers and public authorities to give proper consideration of objectives
- 4C Minister may request information to ensure objectives are being considered
- 5 Flora and fauna which are excluded from the Act
- 6 Crown to be bound
- 6A Traditional owner agreement for natural resources
PART 2--ADMINISTRATION
PART 3--LISTING OF THREATENED TAXA AND COMMUNITIES AND POTENTIALLY THREATENING PROCESSES
Division 1--The Threatened List and the Processes List
- 10 The Threatened List
- 11 Listing of potentially threatening processes
Division 2--Eligibility of taxa, communities and processes to be listed under Division 1
- 12 Determination of eligibility for listing
- 13 Eligibility for listing of taxon of flora or fauna
- 14 Eligibility for listing of communities of flora or fauna
- 15 Eligibility of sub-species of flora or fauna or narrowly defined community of flora or fauna
- 16 Eligibility for listing of potentially threatening processes
Division 3--The nomination and assessment process for the listing of taxa, communities and processes
- 16A Nominations for listing
- 16B Consideration of the nomination by the Committee
- 16C Assessment of eligibility of taxon, community or process to be listed
- 16D The Committee's preliminary recommendation
- 16E Taxon assessed by another jurisdiction as to its risk of extinction in Australia
- 16F The Committee's final recommendation
- 16G Minister's recommendation
- 16H Decisions and recommendations must be made on the basis of nature conservation matters
Division 4--General
- 16I Recommendations that minor amendments be made to lists
- 16J Consolidated lists to be published on the Internet
- 16K Minister to review Lists
PART 4--MANAGEMENT PROCESSES
Division 1--Biodiversity Strategy
- 17 Biodiversity Strategy
- 18 Preparation of a Biodiversity Strategy
- 18A Public consultation on a Biodiversity Strategy
- 18B Making and publication of a Biodiversity Strategy
- 18C Amendment of a Biodiversity Strategy
- 18D Report on the implementation of a Biodiversity Strategy
- 18E Future review of a Biodiversity Strategy
Division 2--Action statements and critical habitat determinations
- 19 Action statements
- 20 Critical habitats
- 20A Role of Committee
- 20B Public consultation on critical habitats
- 20C Making and publication of critical habitat determinations
- 20D Amendment of critical habitat determinations
- 20E Guidelines
- 20F Critical habitat agreements
Division 3--Flora and fauna management plans
- 21 Procedure for making management plans
- 22 Amendment and revocation of management plans
- 23 Contents of management plans
- 23A Publication of a management plan
- 24 Review of management plans
Division 4--Public authority management agreements
- 25 Public authority management agreements
PART 5--CONSERVATION AND CONTROL MEASURES
Division 1--Habitat conservation orders
- 26 Habitat conservation orders
- 27 Content of habitat conservation orders
- 28 Preparation of habitat conservation orders
- 29 Making, amendment and revocation of habitat conservation orders
- 30 Publication of habitat conservation orders
- 31 Further amendment of habitat conservation orders
- 32 Offence to contravene a habitat conservation order
- 33 Defects in procedure
- 34 Suspension of other licences, permits and authorities
- 35 Permits
- 36 Reviews
- 37 Application for declaration
- 38 Matters Tribunal must take into account
- 39 Compensation
- 40 Minister and Secretary to ensure conservation of taxon, community or habitat
- 41 Habitat conservation orders to prevail over planning schemes
- 42 Register of critical habitat determinations and habitat conservation orders
Division 2--The handling of flora
- 45 Reference to flora
- 46 Declaration of flora to be protected flora
- 46A Revocation of declaration of flora to be protected
- 46B Guidelines for declaring flora to be protected flora
- 46C Minister must publish list of taxa of flora declared to be protected
- 47 Offence to take restricted use protected flora
- 47A Offence to take restricted use protected flora which causes significant detrimental impact on restricted use protected flora
- 47B Offence to take other protected flora
- 47C Offence to take other protected flora which causes significant detrimental impact to the relevant taxon or community
- 48 Licence or permit to take, trade in, keep, move or process protected flora
- 48A Authorisation to take, trade in, keep, move or process protected flora
- 48B Offence to contravene terms of authorisation
- 49 Offences relating to flora generally
- 50 Royalties for the taking of flora
- 51 Relationship between authorities issued under this Division and authorities issued under other Acts
Division 3--The handling of fish
- 52 Offence to take, trade in or keep fish
- 52A Offence to take, trade in or keep fish which causes a significant detrimental impact on the relevant taxon or community
- 53 Licence or permit to take, trade in or keep fish
- 53A Authorisation to take, trade in or keep fish
- 53B Offence to contravene terms of authorisation
PART 6--GENERAL
Division 1--General provisions about licences and permits
- 54 Applications
- 55 Giving of licences and permits
- 56 Offence of not complying with terms and limitations of licence or permit
Division 2--Enforcement and powers of authorised officers
- 56A Definition
- 57 Entry without consent or warrant
- 57A Entry with warrant to search for evidence of offence
- 57B Seizure of things not mentioned in warrant
- 57C Announcement before entry
- 57D Copy of warrant to be given to occupier
- 57E Requirements as to taking samples or seizing things
- 57F Samples
- 57G Retention notices
- 57H Evidentiary provisions relating to retention notices
- 57I Disposal or destruction of seized flora or fauna
- 57J Sections 57 to 57I do not limit powers of authorised officers
Division 2A--Offences
- 58 Offence to obstruct an authorised officer
- 59 Offence to interfere with notices marks or equipment
Division 3--Matters relating to offences
- 59A Time for bringing proceedings
- 60 Cancellation of licence or permit upon conviction
- 61 Requirement to carry out restoration work
- 62 Payment of compensation by offender
Division 3A--Remedies
- 62A Enforceable undertakings
- 62B Person may vary or withdraw enforceable undertaking
- 62C Proceedings for contravention
- 62D Enforcement of enforceable undertaking
- 62E Secretary may take specified actions
- 62F Contempt of court proceedings
- 62G Secretary may recover costs
- 62H Person may recover compensation as debt
- 62I Register of enforceable undertakings
Division 4--Simplification of proof
Division 5--General
Division 6--Regulations
- 69 Regulations
PART 7--TRANSITIONAL PROVISIONS AND REPEALS
PART 8--SAVINGS AND TRANSITIONAL PROVISIONS--FLORA AND FAUNA GUARANTEE AMENDMENT ACT 2019
- 73 Definitions
- 74 Scientific Advisory Committee
- 75 Listing of taxa of flora and fauna
- 76 Listing of communities of flora and fauna
- 77 Listing of potentially threatening processes
- 78 Nominations for listing made before commencement of new Part 3
- 79 Flora and Fauna Guarantee Strategy
- 80 Protected flora
- 81 Applications for licences and permits
- 82 Licences, permits and authorisations ENDNOTES