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Environment Protection and Biodiversity Conservation Act 1999
In force
Administered by
Department of Climate Change, Energy, the Environment and Water
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C2023C00192 (C60)
04 July 2023
-
21 August 2023
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Volume 1
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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
6 Extended application of Act to match extended management of fisheries under the Fisheries Management Act 1991
7 Application of the Criminal Code
8 Native title rights not affected
9 Relationship with other Acts
10 Relationship with State law
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Chapter 2—Protecting the environment
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Part 2—Simplified outline of this Chapter
11 Simplified outline of this Chapter
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Part 3—Requirements for environmental approvals
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Division 1—Requirements relating to matters of national environmental significance
Subdivision A—World Heritage
12 Requirement for approval of activities with a significant impact on a declared World Heritage property
13 What is a declared World Heritage property?
14 Declaring a property to be a declared World Heritage property
15 Amending or revoking a declaration of a declared World Heritage property
15A Offences relating to declared World Heritage properties
Subdivision AA—National Heritage
15B Requirement for approval of activities with a significant impact on a National Heritage place
15C Offences relating to National Heritage places
Subdivision B—Wetlands of international importance
16 Requirement for approval of activities with a significant impact on a declared Ramsar wetland
17 What is a declared Ramsar wetland?
17A Making and revoking declarations of wetlands
17B Offences relating to declared Ramsar wetlands
Subdivision C—Listed threatened species and communities
18 Actions with significant impact on listed threatened species or endangered community prohibited without approval
18A Offences relating to threatened species etc.
19 Certain actions relating to listed threatened species and listed threatened ecological communities not prohibited
Subdivision D—Listed migratory species
20 Requirement for approval of activities with a significant impact on a listed migratory species
20A Offences relating to listed migratory species
20B Certain actions relating to listed migratory species not prohibited
Subdivision E—Protection of the environment from nuclear actions
21 Requirement for approval of nuclear actions
22 What is a nuclear action?
22A Offences relating to nuclear actions
Subdivision F—Marine environment
23 Requirement for approval of activities involving the marine environment
24 What is a Commonwealth marine area?
24A Offences relating to marine areas
Subdivision FA—Great Barrier Reef Marine Park
24B Requirement for approval of activities in the Great Barrier Reef Marine Park
24C Offences relating to Great Barrier Reef Marine Park
Subdivision FB—Protection of water resources from coal seam gas development and large coal mining development
24D Requirement for approval of developments with a significant impact on water resources
24E Offences relating to water resources
Subdivision G—Additional matters of national environmental significance
25 Requirement for approval of prescribed actions
Subdivision H—Actions that are taken to be covered by this Division
25A Actions that are taken to be covered by this Division
Subdivision HA—Limitation on liability for actions of third parties
25AA Limitation on liability for actions of third parties
Subdivision I—Evidentiary certificates
25B Evidentiary certificates
25C Certificate to be given to person
25D Evidentiary effect of certificate
25E Variation of certificate
25F Revocation of certificate
Division 2—Protection of the environment from proposals involving the Commonwealth
Subdivision A—Protection of environment from actions involving Commonwealth land
26 Requirement for approval of activities involving Commonwealth land
27 What is Commonwealth land?
27A Offences relating to Commonwealth land
Subdivision AA—Protection of Commonwealth Heritage places outside the Australian jurisdiction
27B Requirement for approval of actions with significant impact on Commonwealth Heritage places overseas
27C Offences relating to Commonwealth Heritage places overseas
Subdivision B—Protection of the environment from Commonwealth actions
28 Requirement for approval of activities of Commonwealth agencies significantly affecting the environment
Subdivision C—Actions that are taken to be covered by this Division
28AA Actions that are taken to be covered by this Division
Subdivision D—Limitation on liability for actions of third parties
28AB Limitation on liability for actions of third parties
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 waters
31 Extended operation in non self governing Territories
Division 2—Actions covered by Ministerial declarations and accredited management arrangements or accredited authorisation processes
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Subdivision A—Effect of declarations
32 Actions declared by Minister not to need approval
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Subdivision B—Making declarations
33 Making declaration that actions do not need approval under Part 9
34 What is matter protected by a provision of Part 3?
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Subdivision C—Prerequisites for making declarations
34A Minister may only make declaration if prescribed criteria are met
34B Declarations relating to declared World Heritage properties
34BA Declarations relating to National Heritage places
34C Declarations relating to declared Ramsar wetlands
34D Declarations relating to listed threatened species and ecological communities
34E Declarations relating to migratory species
34F Declarations relating to Commonwealth Heritage places
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Subdivision D—Other rules about declarations
35 Revoking declarations
36 Other rules about declarations
36A Minor amendments of accredited management arrangement or accredited authorisation process
Division 3—Actions covered by Ministerial declarations and bioregional plans
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Subdivision A—Effect of declarations
37 Actions declared by Minister not to need approval
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Subdivision B—Making declarations
37A Making declarations that actions do not need approval under Part 9
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Subdivision C—Prerequisites for making declarations
37B General considerations
37C Minister may make declaration only if prescribed criteria are met
37D Declarations relating to declared World Heritage properties
37E Declarations relating to National Heritage places
37F Declarations relating to declared Ramsar wetlands
37G Declarations relating to listed threatened species and ecological communities
37H Declarations relating to listed migratory species
37J No declarations relating to nuclear actions
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Subdivision D—Other rules about declarations
37K Revoking declarations
37L Other rules about declarations
Division 3A—Actions covered by conservation agreements
37M Actions declared by conservation agreement not to need approval
Division 4—Forestry operations in certain regions
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Subdivision A—Regions covered by regional forest agreements
38 Part 3 not to apply to certain RFA forestry operations
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Subdivision B—Regions subject to a process of negotiating a regional forest agreement
39 Object of this Subdivision
40 Forestry operations in regions not yet covered by regional forest agreements
41 What is an RFA region?
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Subdivision C—Limits on application
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 zoning plan
Division 6—Actions with prior authorisation
43A Actions with prior authorisation
43B Actions which are lawful continuations of use of land etc.
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Chapter 3—Bilateral agreements
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Part 5—Bilateral agreements
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Division 1—Object of Part
44 Object of this Part
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Division 2—Making bilateral agreements
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Subdivision A—Power to make bilateral agreements
45 Minister may make agreement
46 Agreement may declare actions do not need approval under Part 9
47 Agreement may declare classes of actions do not need assessment
48 Other provisions of bilateral agreements
48A Mandatory provisions
49 Certain limits on scope of bilateral agreements
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Subdivision B—Prerequisites for making bilateral agreements
49A Consultation on draft agreement
50 Minister may only enter into agreement if prescribed criteria are met
51 Agreements relating to declared World Heritage properties
51A Agreements relating to National Heritage places
52 Agreements relating to declared Ramsar wetlands
53 Agreements relating to listed threatened species and ecological communities
54 Agreements relating to migratory species
55 Agreements relating to nuclear actions
56 Agreements relating to prescribed actions
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Subdivision C—Minor amendments of bilateral agreements
56A Ministerial determination of minor amendments to bilateral agreements
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Division 3—Suspending and ending the effect of bilateral agreements
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Subdivision A—Suspension and cancellation of effect
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 certain actions
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Subdivision B—Expiry of bilateral agreements
65 Expiry and review of bilateral agreements
65A Expiry of bilateral agreement does not affect certain actions
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Chapter 4—Environmental assessments and approvals
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Part 6—Simplified outline of this Chapter
66 Simplified outline of this Chapter
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Part 7—Deciding whether approval of actions is needed
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Division 1—Referral of proposals to take action
67 What is a controlled action?
67A Prohibition on taking controlled action without approval
68 Referral by person proposing to take action
68A Actions proposed to be taken under a contract etc.
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
73A Informing Great Barrier Reef Marine Park Authority of proposal affecting Great Barrier Reef Marine Park
74 Inviting provision of information on referred proposal
74A Minister may request referral of a larger action
74AA Offence of taking action before decision made in relation to referral etc.
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Division 1A—Decision that action is clearly unacceptable
74B Application of this Division
74C Informing person proposing to take action that action is clearly unacceptable
74D Procedure if Minister is requested to reconsider referral
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Division 2—Ministerial decision whether action needs approval
75 Does the proposed action need approval?
76 Minister may request more information for making decisions
77 Notice and reasons for decision
77A Action to be taken in a particular manner
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Division 3—Reconsideration of decisions
78 Reconsideration of decision
78A Request for reconsideration of decision by person other than State or Territory Minister
78B Minister must inform interested persons of request and invite comments
78C Minister must reconsider decision and give notice of outcome
79 Reconsideration of decision on request by a State or Territory
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Part 8—Assessing impacts of controlled actions
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Division 1—Simplified outline of this Part
80 Simplified outline of this Part
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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 agreement
84 This Part does not apply if action covered by declaration
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Division 3—Decision on assessment approach
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Subdivision A—Simplified outline of this Division
85 Simplified outline of this Division
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Subdivision B—Deciding on approach for assessment
87 Minister must decide on approach for assessment
88 Timing of decision on assessment approach
89 Minister may request more information for making decision
90 Directing an inquiry after starting an assessment
91 Notice of decision on assessment approach
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Division 3A—Assessment on referral information
92 Application of this Division
93 Recommendation report
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Division 4—Assessment on preliminary documentation
94 Application of this Division
95 Direction to publish referral information and invitation to comment—no further information required
95A Direction to publish referral information and invitation to comment—further information required
95B Procedure after end of period for comment
95C Recommendation report
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Division 5—Public environment reports
96 Application
96A Minister must give designated proponent written guidelines for preparation of draft public environment report
96B Standard guidelines
97 Tailored guidelines
98 Designated proponent must invite comment on draft public environment report
99 Finalising public environment report
100 Recommendation report
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Division 6—Environmental impact statements
101 Application
101A Minister must give designated proponent written guidelines for preparation of draft environmental impact statement
101B Standard guidelines
102 Tailored guidelines
103 Designated proponent must invite comment on draft environmental impact statement
104 Finalising environmental impact statement
105 Recommendation report
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Division 7—Inquiries
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Subdivision A—Preliminary
106 Simplified outline
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Subdivision B—Establishment of inquiries
107 Appointing commissioners and setting terms of reference
108 Publicising inquiry
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Subdivision C—Conduct of inquiries
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
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Subdivision D—Inquiry reports
121 Timing of report
122 Publication of report
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Subdivision E—Commissioners’ terms and conditions
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
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Part 9—Approval of actions
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Division 1—Decisions on approval and conditions
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Subdivision A—General
130 Timing of decision on approval
131 Inviting comments from other Ministers before decision
131AA Inviting comments before decision from person proposing to take action and designated proponent
131AB Minister must obtain advice from Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development
131A Inviting public comment before decision
132 Requesting further information for approval decision
132A Requesting notice from appropriate State or Territory Minister about certain actions
132B Election to have an action management plan approved after approval of the taking of an action granted
133 Grant of approval
134 Conditions of approval
134A Inviting public comment before approving action management plan
135 Certain approvals and conditions must not give preference
135A Publication of recommendation reports
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Subdivision B—Considerations for approvals and conditions
136 General considerations
137 Requirements for decisions about World Heritage
137A Requirements for decisions about National Heritage places
138 Requirements for decisions about Ramsar wetlands
139 Requirements for decisions about threatened species and endangered communities
140 Requirements for decisions about migratory species
140A No approval for certain nuclear installations
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Division 2—Requirement to comply with conditions
142 Compliance with conditions on approval
142A Offence of breaching conditions on approval
142B Strict liability offence for breach of approval condition
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Division 3—Variation of conditions and suspension and revocation of approvals
143 Variation of conditions attached to approval
143A Variation of action management plan
144 Suspension of approval
145 Revocation of approval
145A Reinstating suspended or revoked approval
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Division 4—Transfer of approvals
145B Transfer with Minister’s consent
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Division 5—Extension of period of effect of approval
145C Application to Minister to extend period of effect of approval
145D Minister must decide whether or not to extend approval period
145E Minister may request further information for making decision
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Part 10—Strategic assessments
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Division 1—Strategic assessments generally
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Subdivision A—Assessment of actions to be taken in accordance with policy, plan or program
146 Minister may agree on strategic assessment
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Subdivision B—Approval of taking of actions in accordance with endorsed policy, plan or program
146A Definition
146B Minister may approve taking of actions in accordance with endorsed policy, plan or program
146C Inviting comments from other Ministers before deciding whether or not to approve taking of actions in accordance with endorsed policy, plan or program
146D Effect of approval of taking of actions in accordance with endorsed policy, plan or program
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Subdivision C—Considerations for approving taking of actions in accordance with endorsed policy, plan or program
146E Minister must comply with this Subdivision
146F General considerations
146G Approvals relating to declared World Heritage properties
146H Approvals relating to National Heritage places
146J Approvals relating to declared Ramsar wetlands
146K Approvals relating to listed threatened species and ecological communities
146L Approvals relating to listed migratory species
146M No approvals relating to nuclear actions
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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 5 years
151 Assessment of all Torres Strait fisheries to be started within 5 years
152 Further assessment if impacts greater than previously assessed
153 Minister must make declaration if he or she endorses plan or policy
154 This Division does not limit Division 1
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Part 11—Miscellaneous rules about assessments and approvals
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Division 1—Rules about timing
155 This Chapter ceases to apply to lapsed proposals
156 General rules about time limits
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Division 1A—Variation of proposals to take actions
156A Request to vary proposal to take an action
156B Minister must decide whether or not to accept a varied proposal
156C Minister may request further information in relation to a varied proposal
156D Effect of Minister’s decision to accept or not accept a varied proposal
156E Notice of decision
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Division 1B—Change of person proposing to take action
156F Change of person proposing to take action
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Division 2—Actions in area offshore from a State or the Northern Territory
157 Actions treated as though they were in a State or the Northern Territory
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Division 3—Exemptions
158 Exemptions from Part 3 and this Chapter
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Division 3A—Approval process decisions not affected by listing events that happen after section 75 decision made
158A Approval process decisions not affected by listing events that happen after section 75 decision made
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Division 4—Application of Chapter to actions that are not controlled actions
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Subdivision A—Minister’s advice on authorising actions
159 Simplified outline of this Subdivision
160 Requirement to take account of Minister’s advice
161 Seeking the Minister’s advice
161A Minister may decide that advice is not required
161B Certain provisions of other Acts not to apply if Minister decides that advice is not required
162 Assessment of the action
163 Providing advice
164 Reporting on response to advice
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Subdivision C—Assessment under agreement with State or Territory
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 Subdivision A of Division 1 of Part 10
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Division 5—Publication of information relating to assessments
170A Publication of information relating to assessments
170B Information critical to protecting matters of national environmental significance not to be disclosed
170BA Designated proponent may request Minister to permit commercial in confidence information not to be disclosed
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Division 6—Withdrawal of referrals
170C Withdrawal of referral of proposal to take an action
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Division 7—Miscellaneous
170CA Fees
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Chapter 5—Conservation of biodiversity and heritage
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Part 11A—Interpretation
170D References to business days are references to Canberra business days
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Part 12—Identifying and monitoring biodiversity and making bioregional plans
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Division 1—Identifying and monitoring biodiversity
171 Identifying and monitoring biodiversity
172 Inventories of listed threatened species etc. on Commonwealth land
173 Surveys of cetaceans, listed threatened species etc. in Commonwealth marine areas
174 Inventories and surveys to be updated
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Division 2—Bioregional plans
176 Bioregional plans
177 Obligations under this Act unaffected by lack of bioregional plans
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Part 13—Species and communities
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Division 1—Listed threatened species and ecological communities
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Subdivision A—Listing
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
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
189A Certain information may be kept confidential
189B Disclosure of Scientific Committee’s assessments and advice
190 Scientific Committee may provide advice about species or communities becoming threatened
192 Rediscovery of threatened species that were extinct
193 Species posing a serious threat to human health
194 Lists must be publicly available
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Subdivision AA—The nomination and listing process
194A Simplified outline
194B Definitions
194C Meaning of assessment period
194D Minister may determine conservation themes for an assessment period
194E Minister to invite nominations for each assessment period
194F Minister to give nominations to Scientific Committee
194G Scientific Committee to prepare proposed priority assessment list
194H Matters to be included in proposed priority assessment list
194J Statement to be given to Minister with proposed priority assessment list
194K The finalised priority assessment list
194L Publication of finalised priority assessment list
194M Scientific Committee to invite comments on items in finalised priority assessment list
194N Scientific Committee to assess items on finalised priority assessment list and give assessments to Minister
194P Time by which assessments to be provided to Minister
194Q Decision about inclusion of an item in the Subdivision A List
194R Scientific Committee may obtain advice
194S Co ordination with Australian Heritage Council—Committee undertaking assessment
194T Co ordination with Australian Heritage Council—Committee given assessment to Minister
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Subdivision B—Permit system
195 Subdivision does not apply to cetaceans
196 Killing or injuring member of listed threatened species or community
196A Strict liability for killing or injuring member of listed threatened species or community
196B Taking etc. member of listed threatened species or community
196C Strict liability for taking etc. member of listed threatened species or community
196D Trading etc. member of listed threatened species or community taken in Commonwealth area
196E Strict liability for trading etc. member of listed threatened species or community taken in Commonwealth area
196F Aggravated offence—member of listed threatened species that is a dugong or turtle
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 ecological community
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
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Subdivision BA—Protecting critical habitat
207A Register of critical habitat
207B Offence of knowingly damaging critical habitat
207C Sale or lease of Commonwealth land containing critical habitat
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Subdivision C—Miscellaneous
208A Minister may accredit plans, regimes or policies
208 Regulations
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Division 2—Migratory species
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Subdivision A—Listing
209 Listed migratory species
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Subdivision B—Permit system
210 Subdivision does not apply to members of listed threatened species or cetaceans
211 Killing or injuring member of listed migratory species
211A Strict liability for killing or injuring member of listed migratory species
211B Taking etc. member of listed migratory species
211C Strict liability for taking etc. member of listed migratory species
211D Trading etc. member of listed migratory species taken in Commonwealth area
211E Strict liability for trading etc. member of listed migratory species taken in Commonwealth area
211F Aggravated offence—member of listed migratory species that is a dugong or turtle
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
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Subdivision C—Miscellaneous
222A Minister may accredit plans, regimes or policies
223 Regulations
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Division 3—Whales and other cetaceans
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Subdivision A—Application of Division
224 Application of Division
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Subdivision B—Australian Whale Sanctuary and important cetacean habitat areas
225 Australian Whale Sanctuary
226 Prescribed waters
227 Coastal waters
228 Minister may make declaration for coastal waters
228A Important cetacean habitat areas
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Subdivision C—Offences
229 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 cetaceans
230 Possession of cetaceans
231 Certain actions are not offences
232 Action to be taken on killing etc. cetaceans
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Subdivision E—Miscellaneous offences
236 Offences relating to foreign whaling vessels
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Subdivision F—Permit system
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
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Subdivision G—Miscellaneous
245 Minister may accredit plans, regimes or policies
246 Vesting of whales in Commonwealth
247 Regulations
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Division 4—Listed marine species
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Subdivision A—Listing
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
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Subdivision B—Permit system
253 Subdivision does not apply to members of certain species and cetaceans
254 Killing or injuring member of listed marine species
254A Strict liability for killing or injuring member of listed marine species
254B Taking etc. member of listed marine species
254C Strict liability for taking etc. member of listed marine species
254D Trading etc. member of listed marine species taken in Commonwealth area
254E Strict liability for trading etc. member of listed marine species taken in Commonwealth area
254F Aggravated offence—member of listed marine species that is a dugong or turtle
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
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Subdivision C—Miscellaneous
265 Minister may accredit plans, regimes or policies
266 Regulations
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Volume 2
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Chapter 5—Conservation of biodiversity and heritage
Part 13—Species and communities
Division 5—Conservation advice, recovery plans, threat abatement plans and wildlife conservation plans
Subdivision AA—Approved conservation advice
266B Approved conservation advice for listed threatened species and listed threatened ecological communities
Subdivision A—Recovery plans and threat abatement plans
267 Simplified outline of this Subdivision
268 Compliance with recovery plans and threat abatement plans
269 Implementing recovery and threat abatement plans
269AA Decision whether to have a recovery plan
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 of plans
279 Variation of plans by the Minister
280 Variation by a State or Territory of joint plans and plans adopted by the Minister
281 Commonwealth assistance
282 Scientific Committee to advise on assistance
283 Plans may cover more than one species etc.
283A Revoking a plan
284 Reports on preparation and implementation of plans
Subdivision B—Wildlife conservation 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 adopted by the Minister
296 Commonwealth assistance
297 Plans may cover more than one species etc.
298 Reports on preparation and implementation of plans
Subdivision C—Miscellaneous
299 Wildlife conservation plans cease to have effect
300 Document may contain more than one plan
300A State and Territory laws not affected
300B Assistance from the Scientific Committee
Division 6—Access to biological resources
301 Control of access to biological resources
Division 6A—Control of non native species
301A Regulations for control of non native species
Division 7—Aid for conservation of species in foreign countries
302 Aid for conservation of species in foreign countries
Division 8—Miscellaneous
303 Regulations
303A Exemptions from this Part
303AA Conditions relating to accreditation of plans, regimes and policies
303AB Amended policies, regimes or plans taken to be accredited
Part 13A—International movement of wildlife specimens
Division 1—Introduction
303BA Objects of Part
303BAA Certain indigenous rights not affected
303BB Simplified outline
303BC Definitions
Division 2—CITES species
Subdivision A—CITES species and CITES specimens
303CA Listing of CITES species
303CB Stricter domestic measures
Subdivision B—Offences and permit system
303CC Exports of CITES specimens
303CD Imports of CITES specimens
303CE Applications for permits
303CF Further information
303CG Minister may issue permits
303CH Specific conditions relating to the export or import of CITES specimens for commercial purposes
303CI Time limit for making permit decision
303CJ Duration of permits
303CK Register of applications and decisions
Subdivision C—Application of CITES
303CL Application of CITES—Management Authority and Scientific Authority
303CM Interpretation of CITES provisions
303CN Resolutions of the Conference of the Parties to CITES
Division 3—Exports of regulated native specimens
Subdivision A—Regulated native specimens
303DA Regulated native specimens
303DB Listing of exempt native specimens
303DC Minister may amend list
Subdivision B—Offence and permit system
303DD Exports of regulated native specimens
303DE Applications for permits
303DF Further information
303DG Minister may issue permits
303DH Time limit for making permit decision
303DI Duration of permits
303DJ Register of applications and decisions
Division 4—Imports of regulated live specimens
Subdivision A—Regulated live specimens
303EA Regulated live specimens
303EB Listing of specimens suitable for live import
303EC Minister may amend list
Subdivision B—Assessments relating to the amendment of the list of specimens suitable for import
303ED Amendment of list on the Minister’s own initiative
303EE Application for amendment of list
303EF Requirement for assessments
303EG Timing of decision about proposed amendment
303EH Requesting further information
303EI Notice of refusal of proposed amendment
303EJ Reviews
Subdivision C—Offence and permit system
303EK Imports of regulated live specimens
303EL Applications for permits
303EM Further information
303EN Minister may issue permits
303EO Time limit for making permit decision
303EP Duration of permits
303EQ Register of applications and decisions
Subdivision D—Marking of certain specimens for the purposes of identification
303ER Object
303ES Specimens to which Subdivision applies
303ET Extended meaning of marking
303EU Secretary may make determinations about marking of specimens
303EV Offences
303EW This Subdivision does not limit conditions of permits
Division 5—Concepts relating to permit criteria
Subdivision A—Non commercial purpose exports and imports
303FA Eligible non commercial purpose exports
303FB Eligible non commercial purpose imports
303FC Export or import for the purposes of research
303FD Export or import for the purposes of education
303FE Export or import for the purposes of exhibition
303FF Export or import for conservation breeding or propagation
303FG Export or import of household pets
303FH Export or import of personal items
303FI Export or import for the purposes of a travelling exhibition
Subdivision B—Commercial purpose exports and imports
303FJ Eligible commercial purpose exports
303FK Export or import from an approved captive breeding program
303FL Export from an approved artificial propagation program
303FLA Export from an approved cultivation program
303FM Export from an approved aquaculture program
303FN Approved wildlife trade operation
303FO Approved wildlife trade management plan
303FP Accredited wildlife trade management plan
303FQ Consultation with State and Territory agencies
303FR Public consultation
303FRA Assessments
303FS Register of declarations
303FT Additional provisions relating to declarations
303FU Approved commercial import program
Division 6—Miscellaneous
303GA Permit decision—controlled action, and action for which a non Part 13A permit is required
303GB Exceptional circumstances permit
303GC Permit authorising the Secretary to export or import specimens
303GD Testing permit—section 303EE assessments
303GE Conditions of permits
303GF Contravening conditions of a permit
303GG Authorities under permits
303GH Transfer of permits
303GI Suspension or cancellation of permits
303GJ Review of decisions
303GK Permit to be produced
303GL Pre CITES certificate to be produced
303GM Fees
303GN Possession of illegally imported specimens
303GO Regulations relating to welfare
303GP Cruelty—export or import of animals
303GQ Imports of specimens contrary to the laws of a foreign country
303GR Evidence
303GS Evidence of examiner
303GT Protection of witness
303GU Forms and declarations—persons arriving in Australia or an external Territory
303GV Saving of other laws
303GW Part not to apply to certain specimens
303GX Part not to apply to certain specimens used by traditional inhabitants
303GY When a specimen is lawfully imported
Part 14—Conservation agreements
304 Object of this Part
305 Minister may enter into conservation agreements
306 Content of conservation agreements
306A Conservation agreement may include declaration that actions do not need approval under Part 9
307 Conservation agreements to be legally binding
307A Conservation agreements may deal with remediation or mitigation measures
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
Subdivision A—Simplified outline of this Division
313 Simplified outline of this Division
Subdivision B—Seeking agreement on World Heritage listing
314 Special provisions relating to World Heritage nominations
Subdivision C—Notice of submission of property for listing
315 Minister must give notice of submission of property for listing etc.
Subdivision D—Plans for listed World Heritage properties in Commonwealth areas
316 Making plans
317 Notice of plans
318 Commonwealth compliance with plans
319 Review of plans every 5 years
Subdivision E—Managing World Heritage properties in States and self governing Territories
320 Application
321 Co operating to prepare and implement plans
322 Commonwealth responsibilities
Subdivision F—Australian World Heritage management principles
323 Australian World Heritage management principles
Subdivision G—Assistance for protecting World Heritage properties
324 Commonwealth assistance for protecting declared World Heritage properties
Division 1A—Managing National Heritage places
Subdivision A—Preliminary
324A Simplified outline of this Division
Subdivision B—The National Heritage List
324C The National Heritage List
324D Meaning of National Heritage values
Subdivision BA—Inclusion of places in the National Heritage List: usual process
324E Simplified outline
324F Definitions
324G Meaning of assessment period
324H Minister may determine heritage themes for an assessment period
324J Minister to invite nominations for each assessment period
324JA Minister to give nominations to Australian Heritage Council
324JB Australian Heritage Council to prepare proposed priority assessment list
324JC Matters to be included in proposed priority assessment list
324JD Statement to be given to Minister with proposed priority assessment list
324JE The finalised priority assessment list
324JF Publication of finalised priority assessment list
324JG Australian Heritage Council to invite comments on places in finalised priority assessment list
324JH Australian Heritage Council to assess places on finalised priority assessment list and give assessments to Minister
324JI Time by which assessments to be provided to Minister
324JJ Decision about inclusion of a place in the National Heritage List
Subdivision BB—Inclusion of places in the National Heritage List: emergency process
324JK Simplified outline
324JL Minister may include place in National Heritage List if under threat
324JM Minister to ask Australian Heritage Council for assessment
324JN Publication of listing of place and inviting comments
324JO Australian Heritage Council to assess place and give assessment to Minister
324JP Time by which assessments to be provided to Minister
324JQ Decision about place remaining in the National Heritage List
Subdivision BC—Other provisions relating to the National Heritage List
324JR Co ordination with Scientific Committee—Council undertaking assessment
324JS Co ordination with Scientific Committee—Council given assessment to Minister
324K Listing process not affected by changing boundaries of a place
324L Removal of places or National Heritage values from the National Heritage List
324M Minister must consider advice of the Australian Heritage Council and public comments
324N Specifying one or more additional National Heritage values for a National Heritage place
324P National Heritage List must be publicly available
324Q Certain information may be kept confidential
324R Disclosure of Australian Heritage Council’s assessments and advice
Subdivision C—Management plans for National Heritage places in Commonwealth areas
324S Management plans for National Heritage places in Commonwealth areas
324T Restriction on ability to make plans
324U Compliance with plans by the Commonwealth and Commonwealth agencies
324V Multiple plans in the same document
324W Review of plans at least every 5 years
Subdivision D—Management of National Heritage places in States and self governing Territories
324X Plans and Commonwealth responsibilities
Subdivision E—The National Heritage management principles
324Y National Heritage management principles
Subdivision F—Obligations of Commonwealth agencies
324Z Obligation to assist the Minister and the Australian Heritage Council
324ZA Protecting National Heritage values of places sold or leased
Subdivision G—Assistance for protecting National Heritage places
324ZB Commonwealth assistance for protecting National Heritage places
Subdivision H—Reviewing and reporting on the National Heritage List
324ZC Reviewing and reporting on the National Heritage List
Division 2—Managing wetlands of international importance
Subdivision A—Simplified outline of this Division
325 Simplified outline of this Division
Subdivision B—Seeking agreement on Ramsar designation
326 Commonwealth must seek agreement before designation
Subdivision C—Notice of designation of wetland
327 Minister must give notice of designation of wetland etc.
Subdivision D—Plans for listed wetlands in Commonwealth areas
328 Making plans
329 Notice of plans
330 Commonwealth compliance with plans
331 Review of plans every 5 years
Subdivision E—Management of wetlands in States and self governing Territories
332 Application
333 Co operating to prepare and implement plans
334 Commonwealth responsibilities
Subdivision F—Australian Ramsar management principles
335 Australian Ramsar management principles
Subdivision G—Assistance for protecting wetlands
336 Commonwealth assistance for protecting declared Ramsar wetlands
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 reserves
Division 3A—Managing Commonwealth Heritage places
Subdivision A—Preliminary
341A Simplified outline of this Division
341B Extension to places etc. outside the Australian jurisdiction
Subdivision B—The Commonwealth Heritage List
341C The Commonwealth Heritage List
341D Meaning of Commonwealth Heritage values
Subdivision BA—Inclusion of places in the Commonwealth Heritage List: usual process
341E Simplified outline
341F Definitions
341G Meaning of assessment period
341H Minister to invite nominations for each assessment period
341J Minister to give nominations to Australian Heritage Council
341JA Australian Heritage Council to prepare proposed priority assessment list
341JB Matters to be included in proposed priority assessment list
341JC Statement to be given to Minister with proposed priority assessment list
341JD The finalised priority assessment list
341JE Publication of finalised priority assessment list
341JF Australian Heritage Council to invite comments on places in finalised priority assessment list
341JG Australian Heritage Council to assess places on finalised priority assessment list and give assessments to Minister
341JH Time by which assessments to be provided to Minister
341JI Decision about inclusion of a place in the Commonwealth Heritage List
Subdivision BB—Inclusion of places in the Commonwealth Heritage List: emergency process
341JJ Simplified outline
341JK Minister may include place in Commonwealth Heritage List if under threat
341JL Minister to ask Australian Heritage Council for assessment
341JM Publication of listing of place and inviting comments
341JN Australian Heritage Council to assess place and give assessment to Minister
341JO Time by which assessments to be provided to Minister
341JP Decision about place remaining in the Commonwealth Heritage List
Subdivision BC—Other provisions relating to the Commonwealth Heritage List
341JQ Co ordination with Scientific Committee—Council undertaking assessment
341JR Co ordination with Scientific Committee—Council given assessment to Minister
341K Listing process not affected by changing boundaries of a place
341L Removal of places or Commonwealth Heritage values from the Commonwealth Heritage List
341M Minister must consider advice of the Australian Heritage Council and public comments
341N Specifying one or more additional Commonwealth Heritage values for a Commonwealth Heritage place
341P Commonwealth Heritage List must be publicly available
341Q Certain information may be kept confidential
341R Disclosure of Australian Heritage Council’s assessments and advice
Subdivision C—Management plans for Commonwealth Heritage places
341S Management plans for Commonwealth Heritage places
341T Endorsing management plans for Commonwealth Heritage places
341U Restriction on ability to make plans
341V Compliance with plans by the Commonwealth and Commonwealth agencies
341W Multiple plans in the same document
341X Review of plans at least every 5 years
Subdivision D—The Commonwealth Heritage management principles
341Y Commonwealth Heritage management principles
Subdivision E—Obligations of Commonwealth agencies
341Z Obligation to assist the Minister and the Australian Heritage Council
341ZA Heritage strategies
341ZB Heritage assessments and registers
341ZC Minimising adverse impact on heritage values
341ZE Protecting Commonwealth Heritage values of places sold or leased
Subdivision G—Assistance for protecting Commonwealth Heritage places
341ZG Commonwealth assistance for protecting Commonwealth Heritage places
Subdivision H—Reviewing and reporting on the Commonwealth Heritage List
341ZH Reviewing and reporting on the Commonwealth Heritage List
Division 4—Commonwealth reserves
Subdivision A—Simplified outline of this Division
342 Simplified outline of this Division
Subdivision B—Declaring and revoking Commonwealth reserves
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 categories
348 Australian IUCN reserve management principles
350 Revocation and alteration of Commonwealth reserves
351 Report before making Proclamation
352 What happens to Director’s usage rights when Commonwealth reserve is revoked
Subdivision C—Activities in Commonwealth reserves
353 Simplified outline of this Subdivision
354 Activities that may be carried on only under management plan
354A Offences relating to activities that may only be carried on under management plan
355 Limits on mining operations in Commonwealth reserves
355A Offence relating to mining operations
356 Regulations controlling activities relating to Commonwealth reserves
356A Charges for activities in Commonwealth reserves
357 Managing Commonwealth reserves while a management plan is not in operation
358 Restriction on disposal of Director’s interests in Commonwealth reserves
359 Prior usage rights relating to Commonwealth reserves continue to have effect
359A Traditional use of Commonwealth reserves by indigenous persons
359B Director’s approval of actions and mining operations when a management plan is not in operation
Subdivision D—Complying with management plans for Commonwealth reserves
361 Simplified outline of this Subdivision
362 Commonwealth and Commonwealth agencies to comply with management plan for Commonwealth reserve
363 Resolving disagreement between land council and Director over implementation of plan
364 Resolving disagreement between Director and Board over implementation of plan
Subdivision E—Approving management plans for Commonwealth reserves
365 Simplified outline of this Subdivision
366 Obligation to prepare management plans for Commonwealth reserves
367 Content of a management plan for a Commonwealth reserve
368 Steps in preparing management plans for Commonwealth reserves
369 Resolving disagreements between Director and Board in planning process
370 Approval of management plans for Commonwealth reserves
371 Approved management plans are legislative instruments
372 Amendment and revocation of management plans for Commonwealth reserves
373 Expiry of management plans for Commonwealth reserves
Subdivision F—Boards for Commonwealth reserves on indigenous people’s land
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 owners agree
378 Altering the constitution of a Board or abolishing a Board
379 Appointment of Board members
379A Fit and proper person
380 Terms and conditions
381 Remuneration
382 Termination of appointments of Board members
383 Procedure of a Board
Subdivision G—Special rules for some Commonwealth reserves in the Northern Territory or Jervis Bay Territory
384 Simplified outline of this Subdivision
385 Activities in Commonwealth reserve without management plan
386 What are the Kakadu region and the Uluru region?
387 No mining operations in Kakadu National Park
388 Establishment and development of townships in the Kakadu region and Uluru region
389 Planning for townships
390 Special rules to protect Aboriginal interests in planning process
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 have effect
390J Revoking and altering conservation zones
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Chapter 5A—The List of Overseas Places of Historic Significance to Australia
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Part 15A—The List of Overseas Places of Historic Significance to Australia
390K The List of Overseas Places of Historic Significance to Australia
390L Inclusion of places in the List of Overseas Places of Historic Significance to Australia
390M Removal of places from the List of Overseas Places of Historic Significance to Australia or variation of statement of historic significance
390N Inviting comments from other Ministers before taking action
390P Minister may ask Australian Heritage Council for advice etc.
390Q List of Overseas Places of Historic Significance to Australia to be publicly available
390R Disclosure of Australian Heritage Council’s assessments and advice
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Chapter 5B—Declared commercial fishing activities
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Part 15B—Declared commercial fishing activities
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Division 1—Prohibition
390SA Civil penalty—declared commercial fishing activities
390SB Offence—declared commercial fishing activities
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Division 2—Declaring a commercial fishing activity
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Subdivision A—What is a declared commercial fishing activity?
390SC What is a declared commercial fishing activity?
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Subdivision B—Interim declaration
390SD Interim declaration
390SE Consultation
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Subdivision C—Final declaration
390SF Final declaration
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Subdivision D—Revoking declarations
390SG Revoking an interim or final declaration
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Division 3—Expert panel assessment of declared commercial fishing activity
390SH Establishment of expert panel
390SI Terms and conditions
390SJ Procedure for assessment
390SK Timing of the report
390SL Publication of the report
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Division 4—Sunsetting of this Part
390SM Sunsetting of this Part
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Chapter 6—Administration
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Part 16—Precautionary principle and other considerations in making decisions
391 Minister must consider precautionary principle in making decisions
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Part 17—Enforcement
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Division 1—Wardens, rangers and inspectors
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Subdivision A—Wardens and rangers
392 Appointment of wardens and rangers
393 Arrangements for certain officers or employees to exercise powers etc. of wardens or rangers
394 Wardens ex officio
395 Identity cards
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Subdivision B—Inspectors
396 Appointment of inspectors
397 Inspectors ex officio
398 Arrangements for State and Territory officers to be inspectors
399 Identity cards
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Subdivision BA—Exercise of powers of authorised officers outside the territorial sea
399A Powers to be exercised consistently with UNCLOS
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Subdivision BB—Exercise of powers of authorised officers in relation to Great Barrier Reef Marine Park
399B Certain powers to be exercised only by certain authorised officers
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Subdivision C—Miscellaneous
400 Regulations may give wardens, rangers and inspectors extra powers, functions and duties
401 Impersonating authorised officers and rangers
402 Offences against authorised officers and rangers
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Division 2—Boarding of vessels etc. and access to premises
403 Boarding of vessels etc. by authorised officers
404 Authorised officers to produce identification
405 Access to premises
406 Powers of authorised officers
406A Searches under paragraph 406(1)(ba)
406AA Taking things into possession
406B Thing taken into possession is not a thing seized
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Division 3—Monitoring of compliance
407 Monitoring powers
407A Operation of electronic equipment at premises
407B Compensation for damage to electronic equipment
408 Monitoring searches with occupier’s consent
409 Monitoring warrants
409A Monitoring warrants by telephone or other electronic means
409B Executing officer to be in possession of warrant
410 Details of monitoring warrant to be given to occupier etc.
411 Occupier entitled to be present during search
412 Announcement before entry
412A Other powers when on premises under monitoring warrant
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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 warrant
418A Executing officer to be in possession of warrant
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
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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 person
433 Power to conduct search of arrested person’s premises
433A Interaction of this Division with Schedule 1
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Division 6A—Provisions relating to detention of suspected foreign offenders
433B Provisions relating to detention of suspected foreign offenders
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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 seized under Division 4 or 6
440 Law relating to legal professional privilege not affected
441 Other laws about search, arrest etc. not affected
442 Persons to assist authorised officers
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Division 8—Power to search goods, baggage etc.
443 Power to search goods, baggage etc.
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Division 8A—Power to ask questions about specimens
443A Authorised officer may ask questions about the nature or origin of specimens
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Division 9—Power to ask for names and addresses
444 Authorised person may ask for person’s name and address
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Division 10—Seizure and forfeiture etc.
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Subdivision AA—Seizure of specimens involved in a contravention of Part 13A
444A Seizure of specimens involved in a contravention of Part 13A
444B Notice about seizure
444C Applications for return of specimen
444D Court action for return of specimen
444E Consignment of specimen with consent of owner
444G Retention of specimen
444H Forfeiture of specimen after end of retention period
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Subdivision AB—Seizure of things (other than specimens involved in a contravention of Part 13A)
445 Seizure of things (other than specimens involved in a contravention of Part 13A)
446 Retention of things seized under this Subdivision
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Subdivision AC—Direction to deliver seizable items
447 Direction to deliver seizable items
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Subdivision B—Disposal of seized items
449 Immediate disposal of seized items
449A Disposal of seized items if Secretary cannot locate or identify person entitled etc.
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Subdivision BA—Release of seized items to owner etc.
449BA Release of seized items to owner etc.
449BB How this Part applies in relation to things released conditionally
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Subdivision C—Forfeiture of seized items
450 Court ordered forfeiture: order by court dealing with offence proceedings
450A Court ordered forfeiture: other situations
450B Forfeiture of seized items by consent etc.
451 Dealings in forfeited items
452 Delivery of forfeited items to the Commonwealth
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Subdivision F—Keeping of organisms or specimens that have been seized
453 Keeping of organisms or specimens retained under this Part
454 Recovery of costs of storing or keeping organisms or specimens
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Subdivision G—Rescuing things
455 Rescuing things
456 Breaking or destroying things or documents to prevent seizure etc.
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Subdivision H—Seizure of cages or containers
456AA Power to seize cages or containers containing seizable things
456AB Retention of seized cage or container
456AC Retention of non seizable things contained in seized cages or containers
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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 obligations
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Division 13—Conservation orders
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Subdivision A—Simplified outline
463 Simplified outline of this Division
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Subdivision B—Making and reviewing conservation orders
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 decisions on review
469 Reconsideration of conservation orders and decisions on review
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Subdivision C—Complying with conservation orders
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
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Division 14—Injunctions
475 Injunctions for contravention of the Act
476 Injunctions for contraventions of conservation agreements
477 Discharge of injunctions
479 Certain considerations for granting injunctions not relevant
480 Powers conferred are in addition to other powers of the Court
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Division 14A—Federal Court’s power to make remediation orders
480A Remediation orders
480B Discharge of remediation orders
480C Powers conferred are in addition to other powers of the Court
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Division 14B—Minister’s power to make remediation determinations
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Subdivision A—Making of remediation determinations
480D Minister may make remediation determination
480E Contents of a remediation determination
480F Notifying owners and occupiers of land of proposed remediation determination
480G Notifying that remediation determination has been made
480H Duration of remediation determinations
480J Ministerial reconsideration of remediation determinations
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Subdivision B—Federal Court may set aside remediation determination
480K Applying to Federal Court to have remediation determination set aside
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Subdivision C—Complying with remediation determinations
480L Federal Court may order compliance with remediation determination
480M Civil penalty for contravention of remediation determination
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Subdivision D—Variation or revocation of remediation determinations
480N Variation or revocation of remediation determination
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Division 15—Civil penalties
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Subdivision A—Obtaining an order for a civil penalty
481 Federal Court may order person to pay pecuniary penalty for contravening civil penalty provision
482 What is a civil penalty provision?
483 Contravening a civil penalty provision is not an offence
484 Persons involved in contravening civil penalty provision
485 Recovery of a pecuniary penalty
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Subdivision B—Civil penalty proceedings and criminal proceedings
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 criminal proceedings
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Subdivision C—Enforceable undertakings relating to contraventions of Part 3 civil penalty provisions
486DA Acceptance of undertakings relating to contraventions of Part 3 civil penalty provisions
486DB Enforcement of undertakings
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Division 15A—Notices to produce or attend
486E Application of Division
486F Minister may require person to provide information etc.
486G Minister may require person to appear before Minister
486H Persons to whom notices may not be given
486J Self incrimination
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Division 16—Review of administrative decisions
487 Extended standing for judicial review
488 Applications on behalf of unincorporated organisations
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Division 17—Duty to provide accurate information
489 Providing false or misleading information to obtain approval or permit
490 Providing false or misleading information in response to a condition on an approval or permit
491 Providing false or misleading information to authorised officer etc.
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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 corporate
495 Criminal liability of executive officers of bodies corporate
496 Did an executive officer take reasonable steps to prevent contravention?
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Division 18A—Liability of landholders for other people’s actions
496A Who is a landholder?
496B Civil penalties for landholders
496C Criminal liability of landholders
496D Did a landholder take reasonable steps to prevent a contravention?
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Division 19—Infringement notices
497 Infringement notices
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Division 20—Publicising contraventions
498 Minister may publicise contraventions of this Act or the regulations
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Division 21—Immunity of officers
498A Immunity of officers and assistants
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Division 22—Conduct of directors, employees and agents
498B Conduct of directors, employees and agents
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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
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Part 19—Organisations
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Division 1—Establishment and functions of the Threatened Species Scientific Committee
502 Establishment
503 Functions of the Committee
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Division 2A—Indigenous Advisory Committee
505A Establishment
505B Functions of the Committee
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Division 2B—Establishment and functions of the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development
505C Establishment
505D Functions of the Committee
505E Declared States and Territories
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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
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Division 4—Advisory committees
511 Minister may establish advisory committees
512 Appointments
513 Members of advisory committees
514 Committee procedure
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Division 5—Director of National Parks
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Subdivision A—Establishment, functions and powers
514A Continuation
514B Functions
514C Powers
514D Requirements relating to functions and powers
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Subdivision B—Constitution of Director of National Parks
514E Constitution
514F Appointment
514G Acting appointments
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Subdivision C—Terms and conditions of appointment
514H Term of office
514J Remuneration
514K Outside employment
514M Leave of absence
514N Resignation
514P Termination
514Q Other terms and conditions
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Subdivision D—Australian National Parks Fund
514R Australian National Parks Fund
514S Payments to Australian National Parks Fund
514T Application of money
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Subdivision E—Accountability
514U Application of Public Governance, Performance and Accountability Act 2013
514V Extra matters to be included in annual report
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Subdivision F—Miscellaneous
514W Exemption from taxation
514X Changes in office of Director
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Part 19A—Reconsideration of fees
514Y Applications for reconsideration of fee
514YA Reconsideration of fee
514YB Deadline for reconsideration
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Part 20—Delegation
515 Delegation
515AA Delegation by Minister in relation to Great Barrier Reef Marine Park
515AB Delegation by Secretary in relation to Great Barrier Reef Marine Park
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Part 20A—Publication of information on the internet
515A Publication of information on the internet
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Part 21—Reporting
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Division 1—Annual reports
516 Annual report on operation of Act
516A Annual reports to deal with environmental matters
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Division 2—State of the environment reports
516B State of the environment reports
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Chapter 7—Miscellaneous
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Part 22—Miscellaneous
517 Determinations of species
517A Exemption for activities that might harm particular species introduced into particular areas
518 Non compliance with time limits
519 Compensation for acquisition of property
520 Regulations
520A Statements about the application of the Act
521 Fees and charges must not be taxes
521A Time does not run if all or part of fee remains unpaid
522 Financial assistance etc. to be paid out of appropriated money
522A Review of operation of Act
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Chapter 8—Definitions
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Part 23—Definitions
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Division 1—Some definitions relating to particular topics
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Subdivision A—Actions
523 Actions
524 Things that are not actions
524A Provision of grant funding is not an action
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Subdivision B—Areas
525 Commonwealth areas
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Subdivision C—Entities
526 Subsidiaries of bodies corporate
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Subdivision D—Criminal law
527 Convictions
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Subdivision E—Specimens
527A Specimens
527B Breeding in captivity
527C Artificial propagation
527D Things represented to be CITES specimens
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Subdivision F—Impacts
527E Meaning of impact
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Division 2—General list of definitions
528 Definitions
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Schedule 1—Provisions relating to detention of suspected foreign offenders
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Part 1—Preliminary
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Division 1—Objects of this Schedule
1 Main objects of this Schedule
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Division 2—Definitions
2 Definitions
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Division 3—Appointment etc. of detention officers
3 Minister may appoint persons to be detention officers
4 Detention officers subject to directions
5 Detention officer etc. not liable to certain actions
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Division 4—Approval of authorised officers and detention officers
6 The Secretary may approve authorised officers and detention officers
7 Persons who are authorised officers for purposes of the Migration Act 1958 are taken to be approved for this Schedule
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Part 2—Detaining suspected foreign offenders
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Division 1—Initial detention by an authorised officer
8 Power to detain
9 Relationship with Part IC of the Crimes Act 1914
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Division 2—Continued detention by a detention officer
10 Detention officer may detain person already detained by authorised officer
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Division 3—Detention on behalf of an authorised officer or detention officer
11 Detention on behalf of an authorised officer or detention officer
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Division 4—Moving detainees
12 Power to move detainees
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Division 5—End of detention
13 End of detention
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Division 6—Offence of escaping from detention
14 Escape from detention
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Part 3—Searching and screening detainees and screening their visitors
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Division 1—Searches of detainees
15 Searches of detainees
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Division 2—Screening of detainees
16 Power to conduct a screening procedure
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Division 3—Strip searches of detainees
17 Power to conduct a strip search
18 Rules for conducting a strip search
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Division 4—Keeping of things found by screening or strip search of detainees
19 Possession and retention of certain things obtained during a screening procedure or strip search
20 Approved officer may apply for a thing to be retained for a further period
21 Magistrate may order that thing be retained
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Division 5—Screening detainees’ visitors
22 Powers concerning entry to premises where detainee is detained
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Division 6—Law applying to detainee in State or Territory prison etc.
23 Detainees held in State or Territory prisons or remand centres
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Part 4—Detainees’ rights to facilities for obtaining legal advice etc.
24 Detainee may have access to certain advice, facilities etc.
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Part 5—Identifying detainees
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Division 1—Preliminary
25 Definitions
26 Meaning of personal identifier
27 Limiting the types of identification tests that approved officers may carry out
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Division 2—Identification of detainees
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Subdivision A—Provision of personal identifiers
28 Detainees must provide personal identifiers
29 Approved officers must require and carry out identification tests
30 Information to be provided before carrying out identification tests
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Subdivision B—How identification tests are carried out
31 General rules for carrying out identification tests
32 Use of force in carrying out identification tests
33 Identification tests not to be carried out in cruel, inhuman or degrading manner etc.
34 Approved officer may get help to carry out identification tests
35 Identification tests to be carried out by approved officer of same sex as non citizen
36 Independent person to be present
37 Recording of identification tests
38 Retesting
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Subdivision C—Obligations relating to video recordings of identification tests
39 Definitions
40 Accessing video recordings
41 Authorising access to video recordings
42 Providing video recordings
43 Unauthorised modification of video recordings
44 Unauthorised impairment of video recordings
45 Meanings of unauthorised modification and unauthorised impairment etc.
46 Destroying video recordings
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Division 3—Identification of minors and incapable persons
47 Minors
48 Incapable persons
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Division 4—Obligations relating to detainees’ identifying information
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Subdivision A—Preliminary
49 Definitions
50 Application
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Subdivision B—Accessing identifying information
51 Accessing identifying information
52 Authorising access to identifying information
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Subdivision C—Disclosing identifying information
53 Disclosing identifying information
54 Authorising disclosure of identifying information to foreign countries etc.
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Subdivision D—Modifying and impairing identifying information
55 Unauthorised modification of identifying information
56 Unauthorised impairment of identifying information
57 Meanings of unauthorised modification and unauthorised impairment etc.
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Subdivision E—Retaining identifying information
58 Identifying information may be indefinitely retained
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Part 6—Disclosure of detainees’ personal information
59 Disclosure of detainees’ personal information
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history