Endangered Species Protection Act 1992

No. 194 of 1992

An Act providing for the conservation and management of species

[Assented to 21 December 1992]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Endangered Species Protection Act 1992.

Commencement

2.(1) This Act commences on a day to be fixed by Proclamation.

(2) If this Act does not commence under subsection (1) within the period of 9 months commencing on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

Objects of Act

3.(1) The objects of this Act are to:

(2) In order to achieve these objects, this Act:

(ii) entering into conservation agreements (see Part 4); and

Definitions

4.(1) In this Act, unless the contrary intention appears:

“Advisory Committee” means the Endangered Species Advisory Committee established under section 137;

“ANPWS” means the Australian National Parks and Wildlife Service established by section 33 of the National Parks and Wildlife Conservation Act 1975;

“Australia” includes the external Territories;

“Australian fishing zone” has the same meaning as in the Fisheries Management Act 1991;

“business day” means a day that is not:

(a)     a Saturday or a Sunday; or

(b)     a public holiday or bank holiday in the place concerned;

“Chairperson”, except in section 161, means the Chairperson of the Advisory Committee;

“coastal sea” has the meaning given in subsection 15B(4) of the Acts Interpretation Act 1901;

“Commonwealth agency” means:

(a)     a Minister; or

(b)     a Department; or

(f)      a body corporate that is a subsidiary of:

(i) a body referred to in paragraph (c), (d) or (e); or

but does not include:

(i) a court or a tribunal; or

(k) any of the following:

“Commonwealth area” has the meaning given in section 5;

“conservation agreement” means an agreement entered into under section 51;

“continental shelf of Australia” has the same meaning as in the Seas and Submerged Lands Act 1973;

“daily newspaper” means a newspaper that is ordinarily published on each day that is a business day in the place where the newspaper is published, whether or not the newspaper is ordinarily published on other days;

“Department” has the same meaning as in the Public Service Act 1922;

“Director” means the Director of National Parks and Wildlife;

“ecological community” means an integrated assemblage of native species that:

(a)     inhabits a particular area in nature; and

“endangered” has the meaning given in section 6;

“governmental approval” means an approval, permission, authorisation, licence, recommendation or other similar decision that is or may be given or made by a Commonwealth agency;

“Federal Court” means the Federal Court of Australia;

“habitat” means an area:

(a)     in which an organism, or a group of organisms, lives; or

“impact assessment conservation order” means an impact assessment conservation order made under section 79;

“interest”, in relation to a Commonwealth area, has the meaning given in section 9;

“interim conservation order” means an interim conservation order made under section 57;

“key threatening process” means a threatening process specified in Schedule 3;

“list” means a list set out in Schedule 1, 2 or 3 and includes such a list containing no items;

“listed ecological community” means an ecological community specified in Schedule 2;

“listed native species” means a species specified in Schedule 1;

“native species” means a species:

(a)     that is indigenous to Australia; or

(c)     that is indigenous to the continental shelf of Australia; or

(d)     that is indigenous to the Australian fishing zone; or

(e)     members of which periodically or occasionally visit:

(i) Australia; or

(ii) the Australian coastal sea; or

(iii) the Australian fishing zone; or

(f) that was present in Australia before 1400;

“non-native species” means a species that is not a native species;

“permanent conservation order” means a permanent conservation order made under section 68;

“permit” means a permit issued under section 89;

“person” includes:

(a)     a body politic or corporate as well as an individual; and

“plan” means a recovery plan or a threat abatement plan;

“presumed extinct” has the meaning given in section 8;

“principles of ecologically sustainable development” means, if the regulations specify principles for the purpose of this definition, the principles so specified;

“recovery plan” means a plan of a kind referred to in section 31 that has been:

(a)     prepared under Division 2 of Part 3; or

(b)     adopted by the Minister under section 46;

“Scientific Subcommittee” means the Endangered Species Scientific Subcommittee established by section 158;

“Secretary” has the same meaning as in the Public Service Act 1922;

“species” means a group of biological entities that:

(a)     interbreed to produce fertile offspring; or

and includes:

(c)     a sub-species; and

Note: Determinations under paragraph (d) are disallowable instruments (see section 10).

“staff member”, in relation to the ANPWS, means a person who is one of the persons who constitute the ANPWS within the meaning of section 34 of the National Parks and Wildlife Conservation Act 1975;

“State agency” means:

(a) a Minister of a State; or

(b)     a Department of a State; or

(f) a body corporate that is a subsidiary of:

(i) a body referred to in paragraph (c), (d) or (e); or

(g) a person holding, or performing the duties of, an office established by or under, or an appointment made under, a law of a State, other than a person who, by virtue of holding that office, is the Secretary (by whatever name called) of a Department of a State; or

but does not include a court or a tribunal;

“subsidiary” has the meaning given in subsection (2);

“sub-species” means a geographically separate population of a species, being a population that is characterised by morphological or biological differences from other populations of that species;

“this Act” includes the regulations;

“threat abatement plan” means a plan of a kind referred to in section 33 that has been:

(a)     prepared under Division 2 of Part 3; or

(b)     adopted by the Minister under section 46;

“threatening process” means a process that threatens, or may threaten, the survival, abundance or evolutionary development of a native species or ecological community;

“vulnerable” has the meaning given in section 7.

(2)     The question whether a body corporate is a subsidiary of an authority or body is to be determined in the same way as the question whether a body corporate is a subsidiary of another body corporate is determined for the purposes of the Corporations Law.

(3)     A reference in this Act to an offence against, or a contravention of, this Act includes a reference to an offence against, or a contravention

of, section 6, 7 or 7A, or subsection 86(1), of the Crimes Act 1914 that relates to this Act.

(4) A reference in this Act to a conviction of a person of an offence includes a reference to making an order under section 19B of the Crimes Act 1914 in relation to the person in respect of the offence.

Commonwealth areas

5.(1) For the purposes of this Act, any of the following areas, and any parts of the following areas, are Commonwealth areas:

(b)     an area of land in:

(i) an external Territory (other than Norfolk Island); or

(ii) the Jervis Bay Territory;

(c)     subject to subsection (3), the coastal sea;

(e)     the Australian fishing zone;

(2)     Despite paragraph (1)(a), an area of land that is Territory Land within the meaning of the Australian Capital Territory (Planning and Land Management) Act 1988 is not taken to be a Commonwealth area merely because of the application of that paragraph, unless it is held under lease by the Commonwealth or a Commonwealth agency.

(3)     Despite paragraph (1)(c), the following areas, and any parts of the following areas, are not Commonwealth areas by virtue of that paragraph:

Endangered species and ecological communities

6.(1) For the purposes of this Act, a species is endangered if:

(c)     it might already be extinct, but is not presumed extinct.

(2) In addition to subsection (1), a species may be regarded as endangered for the purposes of this Act if the Minister is satisfied that:

(3) For the purposes of this Act, an ecological community is endangered if:

(b)     it might already be extinct.

Vulnerable species

7.(1) For the purposes of this Act, a species is vulnerable at a particular time if, within the next 25 years, the species is likely to become endangered unless the circumstances and factors threatening its abundance, survival or evolutionary development cease to operate.

(2) In addition to subsection (1), a species may be regarded as vulnerable for the purposes of this Act if the Minister is satisfied that:

Species that are presumed extinct

8. A species is presumed extinct at a particular time if:

Interests in Commonwealth areas

9. Unless the contrary intention appears, a person is taken, for the purposes of this Act, to have an interest in a Commonwealth area if the person, whether alone or with others:

(a)     owns; or

(b)     occupies or is in possession of; or

(c)     has the management or control of; or

the Commonwealth area.

Disallowance of certain intruments

10. A determination made by the Minister for the purposes of paragraph (d) of the definition of “species” in subsection 4(1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Certain Territories regarded as States

11. For the purposes of this Act (except section 13), the Australian Capital Territory, the Northern Territory and Norfolk Island are to be regarded as States and are not to be regarded as Territories.

Act to bind Crown

12.(1) This Act binds the Crown in all its capacities.

(2) This Act does not render the Crown liable to be prosecuted for an offence.

External Territories

13. This Act extends to each external Territory.

PART 2—LISTING

Outline of this Part

14.(1) This Part provides for listing the native species, ecological communities and threatening processes with which this Act is concerned.

(2)     Division 1 provides for Schedules 1 to 3 to set out lists of native species, ecological communities and key threatening processes.

(3)     Division 2 describes the procedure by which the Minister may amend the lists.

(4)     Division 3 describes how the lists are to be made public.

Division 1—Lists of species etc.

Lists of native species

15.(1) Part 1 of Schedule 1 contains a list of native species that are endangered.

(2)     Part 2 of Schedule 1 contains a list of native species that are vulnerable.

(3)     Part 3 of Schedule 1 contains a list of native species that are presumed extinct.

Note: Section 87 imposes obligations relating to listed native species.

Lists of ecological communities

16. Schedule 2 contains a list of ecological communities that are endangered.

List of key threatening processes

17. Schedule 3 contains a list of threatening processes that are key threatening processes.

Division 2—The listing process

Minister may amend lists

18.(1) Subject to this Division, the Minister may, by instrument in writing published in the Gazette, and in a daily newspaper circulating in each State, amend any of the lists by:

(a)     including items in the list; or

(b)     deleting items from the list.

(2)     Such instruments are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.

(3)     Despite section 48 of the Acts Interpretation Act 1901 as it applies in relation to such instruments because of section 46A of that Act, amendments of a list that delete items from the list take effect on the first day on which they are no longer liable to be disallowed, or to be taken to have been disallowed, under section 48 of that Act as it so applies.

Reasons for amendments of lists

19.(1) An instrument must state that application may be made, in writing, to the Director for a statement of the reasons why one or more items specified in the application were included in, or deleted from, one or more lists by the instrument.

(2) The Director must provide, at reasonable cost, such a statement of reasons to the person who makes such an application, or the person on whose behalf the application is made.

Native species etc. that are endangered

20.(1) The Minister must not add:

(a)     a native species to Part 1 of Schedule 1; or

(b)     an ecological community to Part 1 of Schedule 2;

unless the Minister is satisfied that the species or community is endangered.

(2) The Minister must not delete:

(a)     a native species from Part 1 of Schedule 1; or

(b)     an ecological community from Part 1 of Schedule 2;

unless the Minister is satisfied that the species or community is no longer endangered.

Note: “Endangered” is defined in section 6.

Native species that are vulnerable

21.(1) The Minister must not add a native species to Part 2 of Schedule 1 unless the Minsiter is satisfied that the species is vulnerable.

(2) The Minister must not delete a native species from Part 2 of Schedule 1 unless the Minister is satisfied that the species is no longer vulnerable.

Note: “Vulnerable” is defined in section 7.

Native species that are presumed extinct

22.(1) The Minister must not add a native species to Part 3 of Schedule 1 unless the Minister is satisfied that the species is presumed extinct.

(2) The Minister must not delete a native species from Part 3 of Schedule 1 unless the Minister is satisfied that the species is no longer presumed extinct.

Note: “Presumed extinct” is defined in section 8.

Key threatening processes

23.(1) The Minister must not add a threatening process to Schedule 3 unless the Minister is satisfied that it is eligible to be treated as a key threatening process.

(2)     The Minister must not delete a threatening process from Schedule 3 unless the Minister is satisfied that it is no longer eligible to be treated as a key threatening process.

(3)     For the purposes of this section, a threatening process is eligible to be treated as a key threatening process if:

(a) it:

(4) Before deciding whether a theatening process is eligible to be treated as a key threatening process, the Minister must take reasonable steps to consult, with Commonwealth agencies that would be affected by or interested in abatement of the process, on the feasibility, effectiveness or efficiency of preparing and implementing a nationally co-ordinated threat abatement plan to abate the process.

Minister must consider advice from Scientific Subcommittee

24.(1) Subject to section 26, the Minister must not add an item to, or delete an item from, a list without having considered advice from the Scientific Subcommittee on the addition or deletion of the item.

(2) The Minister must:

within 30 days after receiving the Scientific Subcommittee’s advice on the addition or deletion of the item.

(3) A member of the Scientific Subcommittee has a duty not to disclose to any other person the advice, or any information relating to the advice, before the end of that period of 30 days unless the disclosure:

(a)     is for the official purposes of the Scientific Subcommittee; or

Public may nominate native species etc.

25.(1) Any person may nominate an item to be listed in Schedules 1 to 3.

(2)     A nomination must be made to the Director and must include any information prescribed by regulation.

(3)     The Director must forward all nominations to the Scientific Subcommittee.

Rediscovery of native species that were presumed extinct

26.(1) If the Director advises the Minister that a native species that is specified in Part 3 of Schedule 1 has been definitely located in nature since it was last listed as presumed extinct, the Minister may, under section 18:

(b)     if the Minister is satisfied that the species:

(i) is endangered; or

(ii) is vulnerable;

amend the appropriate list by adding the species to it; without considering advice from the Scientific Subcommittee.

(2) Subsection (1) does not prevent the Minister from making such amendments after having considered advice from the Scientific Subcommittee.

Minister only to consider nature conservation matters

27.(1) In deciding whether to add an item to, or delete an item from, a list in Schedule 1, the Minister must not consider any matters that do not relate to the survival of the native species concerned.

(2) In deciding whether to add an item to, or delete an item from, Schedule 2, the Minister must not consider any matters that do not relate to the survival of the ecological community concerned.

Species posing a serious threat to human health

28.(1) If the Minister is satisfied that a native species poses a serious threat to human health, the Minister may, by instrument published in the Gazette, determine that the species is not appropriate for listing under this Part.

(2)     While the determination is in force, the species is not to be added to any list.

(3)     A determination is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Division 3—Publication of lists

Director to make lists available to the public

29. The Director must take all reasonable steps to ensure that up-to-date consolidated versions of each of the lists are available for purchase, for a reasonable price, at:

(a)     each of the offices of the ANPWS; and

(b)     one or more other places in each State.

PART 3—RECOVERY PLANS AND THREAT ABATEMENT PLANS

Outline of this Part

30.(1) This Part is about preparing and implementing:

(a) recovery plans for listed native species and listed ecological communities; and

(b) threat abatement plans for key threatening processes.

(2)     Division 1 defines the Commonwealth’s obligations to prepare plans for species, ecological communities and threatening processes occurring in Commonwealth areas.

(3)     Division 2 describes how these plans are prepared, published and varied.

(4)     Division 3 enables the Commonwealth to:

(5) Division 4 contains a general assistance provision and a reporting requirement.

Division 1—Obligations to prepare etc. plans

Recovery plans

31.(1) The Commonwealth must prepare and implement a recovery plan for:

(b) each listed ecological community;

that occurs in Commonwealth areas.

(2) If the listed native species or listed ecological community also occurs outside Commonwealth areas, the Commonwealth must seek the co-operation of the States in which the species or community occurs outside Commonwealth areas with a view to the joint preparation and implementation of a recovery plan for the species or community throughout Commonwealth areas and those States.

Note 1: “Commonwealth area” is defined in section 5.

Note 2: Section 99 imposes on Commonwealth agencies obligations relating to recovery plans.

Content of recovery plans

32.(1) The recovery plan must provide for the research and management actions necessary to stop the decline of, and support the recovery of, the species or community so that its chances of long-term survival in nature are maximised.

(2) In particular, the recovery plan must:

(c)     specify the actions needed to satisfy the criteria; and

(f) identify:

(3) In preparing a recovery plan, regard must be had to:

(a)     the objects of the Act; and

Threat abatement plans

33.(1) The Commonwealth must prepare and implement a threat abatement plan for each key threatening process that occurs in Commonwealth areas.

(2) If the key threatening process also occurs outside Commonwealth areas, the Commonwealth must seek the co-operation of the States in which the threatening process occurs outside Commonwealth areas with a view to the joint preparation and implementation of a threat abatement plan for the threatening process throughout Commonwealth areas and those States.

Note 1: “Commonwealth area” is defined in section 5.

Content of threat abatement plans

34.(1) The threat abatement plan must provide for the research and management actions necessary to reduce the key threatening process to an acceptable level in order to maximise the chances of the long-term

survival in nature of native species and ecological communities affected by the process.

(2) In particular, the threat abatement plan must:

(a)     state an objective to be achieved; and

(c)     specify the actions needed to satisfy the criteria; and

(3) In preparing a threat abatement plan, regard must be had to:

(a)     the objects of the Act; and

Eradication of non-native species

35. If:

the recovery plan, or threat abatement plan, must require the Commonwealth to offer to provide stock of the species to that country before the eradication proceeds.

Division 2—Preparation and variation of plans by the Commonwealth

Deadlines for preparing plans

36. A plan must be prepared within the period that:

Advisory Committee to advise on scheduling of plans

37.(1) The Advisory Committee is to advise the Minister on the times within which, and the order in which, draft plans should be prepared.

(2) In giving advice on preparation of a draft recovery plan, the Advisory Committee must take into account the following matters:

(b)     the potential for the species or community to recover;

(c)     the genetic distinctiveness of the species or community;

(d)     the importance of the species or community to the ecosystem;

(e)     the value to humanity of the species or community;

(3) In giving advice on preparation of a draft threat abatement plan, the Advisory Committee must take into account the following matters:

Preparation of draft plans

38.(1) After considering the Advisory Committee’s advice, the Minister may, in writing, direct the Director to prepare:

(b)     a draft threat abatement plan for a key threatening process.

(2)     The direction must specify the period within which the draft plan is to be prepared.

(3)     The Director must comply with the direction.

(4)     The Director must cause a copy of the direction to be published in the Gazette.

Consultation on draft plans

39.(1) After preparing a draft plan, the Director must:

(c)     cause the notice to be published:

(i) in the Gazette, and

(iii) in any other way required by the regulations.

(2) The notice must:

(a)     state that the draft plan has been prepared; and

(d)     specify:

(i) an address for lodgment of comments; and

(ii) a day by which comments must be made.

(3) The day specified must not be a day occurring within 3 months after the notice is published in the Gazette.

Consideration of comments

40. The Director:

(c)     must prepare a report on the comments and their consideration.

Approval by the Minister

41.(1) The Director must then give the draft plan to the Minister for approval.

(2)     The draft plan must be accompanied by the Director’s report on the written comments.

(3)     If the Minister thinks that the draft plan submitted under subsection (1) or (4) for his or her approval should be revised in some respect, the Minister may give to the Director a written notice:

(a)     requesting the Director to make such a revision; and

(b)     setting out the reasons for the request.

(4) On receiving such a request, the Director must:

(a)     consider the request and the statement of reasons; and

(c)     give the draft plan, as so revised, to the Minister for approval.

(5) The plan comes into force:

Director to make plans available to the public

42.(1) As soon as practicable after the Minister approves a plan, the Director must:

(c)     cause the notice to be published:

(i) in the Gazette; and

(iii) in any other way required by the regulations.

(2) The notice must:

(a)     state that the Minister has approved the plan; and

Variation of plans

43.(1) The Director may, at any time, review a plan and consider whether a variation of it is necessary.

(2)     Each plan must be reviewed by the Director at intervals of not longer than 5 years.

(3)     If the Minister gives the Director a notice requesting that the Director vary a plan and setting out the reasons for the request, the Director must consider, having regard to the reasons, whether the requested variation is appropriate.

(4)     If the Director considers that:

(a)     a variation of a plan is necessary; or

(b)     a variation of a plan, requested by the Minister, is appropriate; the Director may, subject to subsection (5), vary the plan.

(5) Sections 39 to 42 apply to the variation of the plan in the same way that those sections apply to the preparation and approval of a draft plan.

Division 3—Preparation and variation of plans by States etc.

Commonwealth assistance for the preparation of draft plans

44.(1) The Minister may, on the Commonwealth’s behalf, give to a State or a State agency financial assistance, and any other assistance, for the preparation of:

(a) a draft recovery plan for:

(ii) a listed ecological community;

that does not occur in a Commonwealth area; or

(2) The giving of assistance may be made subject to such conditions as the Minister thinks fit.

(3) The Minister is to have regard to the advice of the Advisory Committee under section 45 before deciding whether to give assistance, or the extent of any assistance to be given.

Advisory Committee to advise on assistance

45.(1) The Advisory Committee is to advise the Minister on:

(2) In giving advice on preparation of a draft recovery plan, the Advisory Committee must take into account the following matters:

(b)     the potential for the species or community to recover;

(c)     the genetic distinctiveness of the species or community;

(d)     the importance of the species or community to the ecosystem;

(e)     the value to humanity of the species or community;

(3) In giving advice on preparation of a draft threat abatement plan, the Advisory Committee must take into account the following matters:

Adoption of draft plans

46.(1) The Minister may, by instrument in writing, declare that a specified draft plan prepared by a State or State agency is adopted as a recovery plan, or threat abatement plan, as the case requires.

(2)     If a State or State agency varies a draft plan in respect of which the Minister has previously made a declaration under subsection (1) or this subsection, the Minister may, by instrument in writing, declare that the recovery plan, or threat abatement plan, as the case requires, is taken to be varied accordingly.

(3)     The Minister must not make a declaration under this section unless he or she is satisfied that the draft plan, or the draft plan as

varied, complies with the requirements of section 32 or 34 (whichever is applicable).

(4) Before making a declaration under this section, the Minister must consider any advice on the draft plan given to the Minister by the Advisory Committee.

Director to publicise adoption of draft plans

47.(1) As soon as practicable after the Minister has made a declaration under section 46, the Director must:

(b)     cause a notice of the declaration to be published:

(i) in the Gazette; and

(iii) in any other way required by the regulations.

(2) The notice must:

(a)     set out a copy of the declaration; and

Division 4—General

Commonwealth assistance for implementation of plans

48. The Commonwealth may give to any person financial assistance, and any other assistance, for implementation of a plan.

Reports on preparation and implementation of plans

49. The Director must prepare, for inclusion in each annual report prepared under section 52 of the National Parks and Wildlife Conservation Act 1975, a report on:

(b)     preparation of draft plans by the Director during that year.

PART 4—CONSERVATION AGREEMENTS

Outline of this Part

50. This Part is about:

(b)     the effect of conservation agreements;

(c)     the publication of conservation agreements.

Director may enter into conservation agreements

51. The Director may, on the Commonwealth’s behalf, enter into an agreement, with a person who has an interest in a Commonwealth area, for the conservation and management of:

Note: “Interest in a Commonwealth area” is defined in section 9.

Content of conservation agreements

52.(1) A conservation agreement may, for example, provide for all or any of the following:

(b)    requiring any person bound by the agreement:

(2) A conservation agreement that obliges the Commonwealth to give financial assistance to a person is subject to appropriation of money by the Parliament for the purpose.

Conservation agreements to be legally binding

53. A conservation agreement is binding on:

(a)     the Commonwealth; and

Publication of conservation agreements

54.(1) As soon as practicable after a conservation agreement has been entered into, the Director must:

(b)     cause a notice of the agreement to be published:

(i) in the Gazette, and

(ii) in any other way required by the regulations.

(2) The notice must:

List of conservation agreements

55. The Director must:

PART 5—CONSERVATION ORDERS

Outline of this Part

56.(1) This Part enables the Minister to make conservation orders.

(2)     Division 1 is about making interim conservation orders that relate to Commonwealth areas.

(3)     Division 2 is about making permanent conservation orders that relate to Commonwealth areas.

(4)     Division 3 is about making impact assessment conservation orders that impose requirements that apply while certain procedures are undertaken under the Environment Protection (Impact of Proposals) Act 1974.

Division 1—Interim conservation orders

Minister may make interim conservation orders

57. Subject to section 58, the Minister may, by instrument in writing, make an interim conservation order:

(a) prohibiting or restricting specified activities on or in:

(i) all Commonwealth areas; or

(ii) specified Commonwealth areas; or

(b) requiring specified persons to take specified action on or in:

(i) all Commonwealth areas; or

(ii) specified Commonwealth areas.

Note: Section 86 prohibits contraventions of interim conservation orders.

Limitations on the power to make interim conservation orders

58.(1) The Minister must not make an interim conservation order in relation to a matter at a particular time if, at that time, the Minister has the power under Division 3 to make an impact assessment conservation order in relation to the matter that comes into force immediately after it is made.

(2) The Minister may make an interim conservation order that prohibits, restricts or imposes requirements on an activity that is carried out, or proposed to be carried out, primarily for a commercial purpose only if:

(a) the Minister has given notice of:

(i) his or her intention to make the order; and

(ii) the prohibitions, restrictions or requirements in question;

to each other Minister whose areas of responsibility include a matter that would be affected by such an order; and

(b) subsection (3) does not apply.

(3) This subsection applies if:

(i) within 24 hours of that Minister being so notified; and

(ii) to the extent specified under subparagraph (2)(a)(ii); and

(b) within the 24 hours:

(4) For the purposes of subsection (2), the commercial purposes referred to in that subsection need not be the commercial purposes of the person carrying out, or proposing to carry out, the activity in question.

Grounds for making interim conservation orders

59.(1) The Minister may only make an interim conservation order if he or she reasonably believes that it is necessary to make the order, on one or more of the following grounds:

(2) For the purposes of paragraph (1)(d), activities affecting the habitat of a listed native species or a listed ecological community are relevant only to the extent that they adversely affect features of the habitat that are significant to the survival of the species or community.

Consideration of the social and economic impact of interim conservation orders

60. In considering whether to make an interim conservation order, the Minister must, so far as is practicable, ensure that the prohibitions, restrictions and requirements in the order will, consistent with the principles of ecologically sustainable development, minimise any significant adverse social and economic impacts, while ensuring that they:

(a)     are consistent with furthering the objects of this Act; and

Procedure for making interim conservation orders

61.(1) Before making an interim conservation order, the Minister:

(2) The Minister is not required, before making the order, to give notice of his or her intention to make the order to any person who will be affected by the order.

(3) Subsection (2) does not prevent the Minister from giving such notice if he or she thinks fit.

Duration of interim conservation orders

62.(1) An interim conservation order comes into force:

(b)    otherwise—immediately after it is made.

(2) The order remains in force:

(a) until:

whichever happens first.

(3)    The Minister may renew an interim conservation order of the kind referred to in subparagraph (2)(a)(i) for a further period of 28 days if he or she reasonably believes that it is necessary to renew the order on one or more of the grounds referred to in section 59.

(4)    For the purposes of subparagraph (2)(a)(i), the commercial purposes referred to in that subsection need not be the commercial purposes of the person carrying out, or proposing to carry out, the activity in question.

Publication of interim conservation orders

63.(1) As soon as practicable after making an interim conservation order, the Minister must inform the Director that it has been made.

(2) The Director must, as soon as practicable after being so informed:

(a) cause to be published in the Gazette, in a daily newspaper circulating in each State in which are located Commonwealth areas to which the order relates, and in any other way required by the regulations, a notice containing:

(i) a copy of the order; and

(or within such further period as the Minister allows), for a reconsideration of the order by the Minister; and

(i) a copy of the order; and

(3) Failure to comply with this section does not affect the validity of the order.

Application for reconsideration of interim conservation orders

64.(1) A person (other than a Commonwealth agency) who is affected by an interim conservation order may apply to the Minister to reconsider the order.

(2)     The application must be in writing.

(3)     Subject to subsection (4), the application must be made within 28 days, or within such further period as the Minister allows, after the publication of a copy of the order under paragraph 63(2)(a).

(4)     If the person is given a copy of the order after that publication, the period of 28 days within which that person must make the application is taken to begin on the day oh which the person received the notice.

Reconsideration of interim conservation orders

65.(1) Within one month after receiving such an application, the Minister must:

(a)     seek the Director’s advice on the application; and

(b)     reconsider the order; and

(d)     inform the Director accordingly.

(2) As soon as practicable after being so informed, the Director must:

(3)     The Minister may at any time revoke the order even if an application for its reconsideration has not been made.

(4)     The Minister must not revoke the order under this section unless he or she is satisfied that none of the grounds set out in section 59 apply in relation to the order.

(5)     The Minister must not vary the order unless he or she is satisfied that the order as varied adequately addresses the grounds set out in section 59 that apply in relation to the order at the time of the variation.

(6)     Immediately after a variation of the order, the order continues in force as so varied.

Director to attempt to enter into conservation agreements

66.(1) If the Director is satisfied that the environmental protections that an interim conservation order gives could be given by one or more appropriate conservation agreements, the Director must take reasonable steps to negotiate and enter into such conservation agreements.

(2) If:

the Minister must:

(c)     by instrument in writing, revoke the order; and

(d)     inform the Director accordingly.

(3) As soon as practicable after being so informed, the Director must cause to be published:

(a)     in the Gazette; and

(b)     in any other way required by the regulations;

a notice stating that the order has been revoked.

(4) In this section:

“environmental protection” means a protective measure that the order contains relating to any of the following:

(a)     a native species;

(b)     an ecological community;

(c)     habitat of such a species or community;

(d)     a recovery plan;

(e)     a threat abatement plan.

Assistance for complying with interim conservation orders

67.(1) The Director may assist a person (other than a Commonwealth agency) to comply with prohibitions, restrictions or requirements imposed on a person by an interim conservation order.

(2) The assistance may take any one or more of the following forms:

(a)     payment of money;

(b)     provision of goods;

(c)     provision of labour;

(d)     provision of other services.

(3)     The value of the assistance must not exceed that which the Director thinks are the reasonable and direct costs of complying with the prohibitions, restrictions or requirements in question.

(4)     Assistance given under this section must be taken into account in determining compensation payable under section 172.

Division 2—Permanent conservation orders

Minister may make permanent conservation orders

68. The Minister may, by instrument in writing, make a permanent conservation order:

(a) prohibiting or restricting specified activities on or in:

(i) all Commonwealth areas; or

(ii) specified Commonwealth areas; or

(b) requiring specified persons to take specified action on or in:

(i) all Commonwealth areas; or

(ii) specified Commonwealth areas.

Note: Section 86 prohibits contraventions of permanent conservation orders.

Grounds for making permanent conservation orders

69.(1) The Minister may only make a permanent conservation order if he or she reasonably believes that it is necessary to make the order on one or more of the following grounds:

(2) For the purposes of paragraph (1)(d), activities affecting the habitat of a listed native species or a listed ecological community are relevant only to the extent that they adversely affect features of the habitat that are significant to the survival of the species or community.

Economic and social considerations

70. In considering whether to make a permanent conservation order, the Minister must be satisfied that such action for the conservation of the listed native species or listed ecological community in question is justified, having regard to economic and social considerations that are consistent with the principles of ecologically sustainable development.

Procedure for making permanent conservation orders

71. Before making a permanent conservation order, the Minister:

Duration of permanent conservation orders

72.(1) Subject to subsection (2), a permanent conservation order comes into force:

(b)     otherwise—immediately after it is made.

(2) If the order overlaps an interim conservation order that is in force, the order:

(3) For the purposes of subsection (2), the order overlaps an interim conservation order if they are the same in relation to:

(a)     the activities (if any) that they prohibit or restrict; and

(b)     the persons (if any) on whom they impose requirements; and

(c) the Commonwealth areas to which they apply.

(4) The order remains in force until it is revoked by the Minister.

Reviews of permanent conservation orders

73.(1) The Minister must:

(2)     Before reviewing the order, the Minister must seek the Director’s advice on the review.

(3)     The Minister must not revoke the order unless he or she is satisfied that none of the grounds set out in section 69 apply in relation to the order.

(4)     The Minister must not vary the order unless he or she is satisfied that the order as varied adequately addresses the grounds set out in section 69 that apply in relation to the order at the time of the variation.

(5)     Immediately after a variation of the order, the order continues in force as so varied.

Publication of permanent conservation orders

74.(1) As soon as practicable after making or reviewing a permanent conservation order, the Minister must cause the Director to be informed of the making of the order, or the decision on the review, as the case requires.

(2) The Director must, as soon as practicable after being so informed:

(i) a copy of the order; and

(3) Failure to comply with this section does not affect the validity of the order.

Application for reconsideration of permanent conservation orders or decisions on review

75.(1) A person (other than a Commonwealth agency) who is affected by a permanent conservation order, or by the decision on a review of a permanent conservation order, may apply to the Minister to reconsider the order or the decision, as the case requires.

(2)     The application must be in writing.

(3)     Subject to subsection (4), the application must be made within 28 days, or within such further period as the Minister allows, after the publication under paragraph 74(2)(a) of the notice relating to the making of the order or conduct of the review.

(4)     If the person is given a copy of the order after that publication, the period of 28 days within which that person must make the application is taken’ to commence on the day on which the person received the notice.

Reconsideration of permanent conservation orders and decisions on review

76.(1) Upon receiving the application, the Minister must:

(a)     seek the Director’s advice on the application; and

(c)     by instrument in writing:

(i) confirm, vary or revoke the order; or

(ii) confirm or vary the decision on review; and

(d) cause the Director to be informed accordingly.

(2) As soon as practicable after being so informed, the Director must:

(i) stating that fact; and

(3) Immediately after a variation of the order, the order continues in effect as so varied.

Assistance in complying with permanent conservation orders

77.(1) The Director may assist a person (other than a Commonwealth agency) to comply with prohibitions, restrictions or requirements imposed on a person by a permanent conservation order.

(2) The assistance may take any one or more of the following forms:

(a)     payment of money;

(b)     provision of goods;

(c)     provision of labour;

(d)     provision of other services.

(3)     The value of the assistance must not exceed that which the Director thinks are the reasonable and direct costs of complying with the prohibitions, restrictions or requirements in question.

(4)     Assistance given under this section must be taken into account in determining compensation payable under section 172.

Division 3—Impact assessment conservation orders

Application of this Division

78. This Division applies to:

Minister may make impact assessment conservation orders

79.(1) The Minister may, by instrument in writing, make an impact assessment conservation order:

(2) An order under paragraph (1)(c) must only relate to activities that the Minister is satisfied:

Note: Sections 86 and 100 prohibit contraventions of impact assessment conservation orders.

Grounds for making impact assessment conservation orders

80.(1) The Minister may only make an impact assessment conservation order if he or she reasonably believes that it is necessary to make the order on one or more of the following grounds:

(2) For the purposes of paragraph (1)(d), activities affecting the habitat of a listed native species or a listed ecological community are relevant only to the extent that they adversely affect features of the habitat that are significant to the survival of the species or community.

Consideration of the social and economic impact of impact assessment conservation orders

81. In considering whether to make an impact assessment conservation order, the Minister must, so far as is practicable, ensure that the prohibitions, restrictions and requirements in the order will, consistent with the principles of ecologically sustainable development, minimise any significant adverse social and economic impacts, while ensuring that they:

(a)     are consistent with furthering the objects of this Act; and

Procedure for making impact assessment conservation orders

82.(1) Before making an impact assessment conservation order, the Minister:

(2)     The Minister is not required, before making the order, to give notice of his or her intention to make the order to any person who will be affected by the order.

(3)     Subsection (2) does not prevent the Minister from giving such notice if he or she thinks fit.

Duration of impact assessment conservation orders

83.(1) Subject to subsection (2), an impact assessment conservation order comes into force:

(b)     otherwise—immediately after it is made.

(2)     If the day on which the order would come into force under subsection (1) is earlier than the day on which the Department administered by the Minister is notified, under the EPIP administrative procedures, of the proposed action referred to in section 78, the order comes into force on the day the Department is so notified.

(3)     The order remains in force:

(b) the order is revoked by the Minister;

whichever happens first.

(4) In this section:

“EPIP administrative procedures” means the administrative procedures that are in force under section 6 of the Environment Protection (Impact of Proposals) Act 1974.

Publication of impact assessment conservation orders

84.(1) As soon as practicable after making an impact assessment conservation order, the Minister must inform the Director of the making of the order.

(2) The Director must, as soon as practicable after being so informed:

(3) Failure to comply with this section does not affect the validity of the order.

PART 6—OBLIGATIONS TO PROTECT SPECIES ETC.

Outline of this Part

85.(1) This Part imposes obligations on persons (particularly Commonwealth agencies) in order to:

(2) Division 1 imposes obligations on all persons relating to:

(a)     contravention of conservation orders; and

(b)     protection of members of listed native species.

(3)     Division 2 provides for the Director, in limited circumstances, to issue permits allowing acts such as the taking of listed native species.

(4)     Division 3 imposes additional obligations on Commonwealth agencies relating to contravention of recovery plans, threat abatement plans and impact assessment conservation orders.

(5)     Division 4 concerns the Minister’s role in advising whether proposed actions breach obligations imposed by this Part.

(6)     Division 5 concerns repair of damage caused by breaching of this Act or its protective measures, and liability for the costs of repair.

Division 1—Obligations on persons generally

Compliance with conservation orders

86.(1) A person must not knowingly or recklessly contravene:

(a)     an interim conservation order; or

(b)     a permanent conservation order; or

(c)     an impact assessment order made under paragraph 79(1)(c).

Penalty: $50,000.

(2)     If a person believes that taking action that he or she proposes to take may contravene a particular interim conservation order or permanent conservation order, the person may seek the Minister’s advice under subsection 104(4) on whether the order would be contravened by taking that action.

(3)     The person does not contravene the order if he or she acts in accordance with advice given to him or her under subsection 104(4) to the effect that the order would not be contravened.

Taking etc. listed native species

87.(1) Subject to subsection (4), a person must not knowingly or recklessly take, trade, keep, or move any member of a listed native species that is in or on a Commonwealth area.

Penalty: $50,000.

(2) Subject to subsection (4), a person must not knowingly or recklessly trade, keep or move any member of a listed native species that has been taken in or on a Commonwealth area.

Penalty: $50,000.

(3) If a person carries out an activity that results, directly or indirectly, in the taking (otherwise than knowingly or recklessly) of one or more members of a listed native species in or on a Commonwealth area, the person must, as soon as practicable after becoming aware of the taking, give the Director a written notice that:

Penalty: $10,000.

(4) This section does not apply to an act:

(i) the Great Barrier Reef Marine Park Act 1975; or

(iii) the Wildlife Protection (Regulation of Exports and Imports) Act 1982; or

(iv) the Whale Protection Act 1980; or

(5) In this section:

“keep”, in relation to a member of a listed native species, means:

“member of a listed native species” includes, in the case of a species of fauna, the whole or part of the dead body of a member of the species;

“take” includes kill, destroy, damage or collect;

“trade” includes:

(c)     export from Australia or import into Australia; or

Division 2—Permits for taking etc. listed native species

Application for permits

88.(1) A person may apply in writing to the Director for a permit to be issued under section 89.

(2) The application may be made:

(a)     on the applicant’s own behalf; or

(b)     on behalf of one or more other specified persons; or

(3) The application:

(a) must be in the form prescribed by the regulations; and

(b) must be accompanied by the fee prescribed by the regulations.

(4) The fee prescribed by the regulations must not be such as to amount to taxation.

Director may issue permits

89.(1) Subject to this Division, the Director may, in writing, issue a permit to a person under which:

the person or persons may do the acts specified in the permit without breaching section 87.

(2)     The Director may include in the permit any conditions to which the permit is subject, including (for example) conditions stating the period within which the acts specified in the permit may be done.

(3)     The Director must not issue the permit unless satisfied that the acts specified in the permit:

(b)     are merely incidental to other acts and will not:

(4) In this section:

“Aboriginal” means a member of the Aboriginal race of Australia;

“Aboriginal or Torres Strait Islander tradition” means the body of traditions, observances, customs and beliefs of Aboriginals and Torres Strait Islanders generally or of a particular group of Aboriginals or Torres Strait Islanders;

“Torres Strait Islander” means a descendant of an indigenous inhabitant of the Torres Strait Islands.

Public consultation

90.(1) The Director must, at intervals of not more than 12 months, cause to be published in the Gazette and in a national daily newspaper a notice inviting applications from persons or bodies wishing to be registered for receipt of advice on applications for permits.

(2)     The Director must register any person or body that applies in writing for registration.

(3)     Registration has effect for the period specified in the notice.

(4)     As soon as practicable after receiving an application under section 88, the Director must cause a notice of the application to be given to each person registered under this section.

(5)     The notice must:

(a)     state that an application for a permit has been made; and

(b)     set out details of the application; and

(d)     specify:

(i) an address for lodgment of submissions; and

(ii) a day by which submissions must be lodged.

(6)     The day specified must not be a day occurring within 5 days after the last day on which the notice was given.

(7)     In making a decision on the application, the Director must consider all written submissions made by persons or bodies registered under this section to the Director on or before the day, and at the address for lodgment, specified in the notice.

Deadline for making a decision

91.(1) The Director must:

(a)     decide whether to issue, or refuse to issue, a permit; and

(b)     inform the applicant, by notice in writing, of the decision; within 90 days after receiving the application.

(2) The Director is taken to have made a decision to refuse the application if he or she has not informed the applicant of the decision on the application before the end of the period of 90 days.

Cancellation of permits

92.(1) The Director may cancel a permit if:

(a) the person to whom the permit was issued is convicted of:

(i) an offence against section 87; or

(b) the Director is satisfied that:

(2) The Director must give written notice of the cancellation to the person to whom the permit was issued.

Notification of rights to reconsideration

93.(1) The notice informing a person of a decision to issue, or refusing to issue, a permit, or a decision cancelling a permit, must contain:

(2) Failure to comply with this section does not affect the validity of the decision.

Application for reconsideration

94.(1) The person given the notice may apply to the Minister to reconsider the Director’s decision.

(2)     The application must be in writing.

(3)     The application must be made within 28 days, or such further period as the Minister allows, after the applicant received notice of the decision.

Reconsideration of decisions

95.(1) Upon receiving the application for reconsideration, the Minister must:

(a)     reconsider the decision; and

(b)     by instrument in writing:

(2)     In reconsidering the decision, the Minister is to have regard to the grounds set out in subsection 89(3) for issuing a permit.

(3)     The Minister must not, under subparagraph (1)(a)(ii), vary a decision in a way that makes it less favourable to the applicant, unless the Minister is satisfied that changes in the circumstances under which the permit was issued have made such a variation necessary.

(4)     As soon as practicable after being so informed, the Director must:

(5) The notice under paragraph (4)(a) must include:

(6)     Failure to comply with subsection (5) does not affect the validity of the decision on the reconsideration.

(7)     If the applicant is not notified of the result of the reconsideration within the period of 28 days after the Minister received the application, the Minister is taken, at the end of that period, to have confirmed the decision on the application.

Review by the Administrative Appeals Tribunal

96. Applications may be made to the Administrative Appeals Tribunal to review:

(a)     a decision to issue, or refusing to issue, a permit; or

(b)     a decision cancelling a permit;

if the Minister has confirmed or varied the decision under subsection 95(1).

Surrender of permits

97.(1) A person to whom a permit was issued may, at any time, surrender the permit by:

(a)     returning the permit to the Director; and

(b)     giving the Director written notice that the permit is surrendered.

(2) The surrender of the permit takes effect (unless the permit is sooner cancelled):

(b)     otherwise—at the end of the day on which the notice is given.

Publication of permit details etc.

98. The Director must give to any person who so requests written details of:

(a)     permits that have been issued; and

(b)     applications for permits that have been refused.

Division 3—Additional obligations of Commonwealth agencies

Compliance with recovery plans and threat abatement plans

99. Subject to section 101, a Commonwealth agency must not take any action that contravenes a recovery plan or threat abatement plan.

Compliance with impact assessment conservation orders

100. Subject to section 101, a Commonwealth agency must not take any action that contravenes an impact assessment conservation order made under paragraph 79(1)(a) or (b).

Effect of Minister’s advice on proposed actions etc.

101. A Commonwealth agency does not contravene section 99 or 100 if it acts in accordance with advice given to it by the Minister under subsection 104(4) to the effect that the section would not be contravened.

Commonwealth agencies to have regard to certain State laws

102. If a law of a State relating to protection of native species or ecological communities, or the habitats of such species or communities, does not apply to a Commonwealth agency solely because it is a Commonwealth agency, the Commonwealth agency must, in taking any action or making any decision, have regard to the desirability of complying with the requirements of that law.

Division 4—Consideration by the Minister of proposed actions etc.

Commonwealth agencies to seek advice on proposed actions etc.

103.(1) If a Commonwealth agency (other than the Minister) believes that action that it proposes to take may be action to which section 99 or 100 applies, the Commonwealth agency must notify the Minister in writing of the proposed action and the grounds for its belief.

(2) The Commonwealth agency must not take the action before it receives the Minister’s advice under subsection 104(4).

Minister to consider proposed actions etc.

104.(1) This section applies to a proposed action if:

(a)     the Minister is notified of it under section 103; or

(2)     If this section applies to a proposed action because of the operation of paragraph (1)(b), the Minister must, in writing, notify the Commonwealth agency that proposes to take the action of the Minister’s intention to refer the matter to the Director under paragraph (4)(a).

(3)     A person who proposes to take the action may make written submissions to the Minister about the proposed action.

(4)     The Minister must:

(b)     after considering the Director’s advice on the matter, give to:

as the case requires, a written notice of the Minister’s advice on the proposed action.

Contents of notices of advice

105.(1) The notice of advice must state whether the Minister thinks that:

(a)     section 99 or 100 applies to the proposed action; or

whichever is applicable.

(2) If the notice of advice is given to a person who is not a Commonwealth agency, it must include:

Review by the Administrative Appeals Tribunal

106.(1) Applications may be made to the Administrative Appeals Tribunal for review of the Minister’s decision to give the advice.

(2) Despite section 27 of the Administrative Appeals Tribunal Act 1975, applications are not to be made by or on behalf of Commonwealth agencies.

Division 5—Repair of damage to species etc.

Repair of damage

107.(1) If the Director suspects that an act or omission constitutes an offence against this Act, or a breach of a recovery plan, threat abatement plan or conservation agreement, the Director may cause to be taken such steps as the Director thinks proper:

(b)     to mitigate any damage arising from that act or omission; or

(c)     to prevent any damage likely to arise from that act or omission.

(2)     This section does not authorise anything to be done outside a Commonwealth area unless it affects the Commonwealth area.

(3)     Nothing in this section affects the exercise by the Commonwealth or the Director of powers under another provision of this Act or under any other law.

108.(1) Subject to this section, if:

(a)     a person has been convicted of an offence against this Act; and

the person convicted is liable to pay to the Commonwealth or to the Director, as the case requires, an amount equal to the total amount of those expenses or liabilities.

(2)     If 2 or more persons would be liable to pay an amount under subsection (1) in respect of the same expenses or liabilities, those persons are jointly and severally liable to pay the total amount.

(3)     If the total amount of expenses or liabilities incurred by the Commonwealth or the Director exceeds an amount that was reasonable in the circumstances, a person is not liable under this section to pay the amount of the excess.

(4)     A reference in this section to rectifying an act or omission is a reference to the taking of steps (whether in the exercise of powers conferred by section 107, by any provision of this Act or by another law):

(b)     to mitigate any damage arising from that act or omission; or

(c)     to prevent any damage likely to arise from that act or omission.

Ancillary offences

109. If a person is convicted of an offence against this Act because of the application of section 5, 6, 7 or 7A, or subsection 86(1), of the Crimes Act 1914 in relation to a contravention or possible contravention of this Act, section 108 of this Act has effect as if the reference in paragraph 108(1)(b) to an offence were a reference to the contravention or possible contravention to which the offence relates.

Court may order convicted persons to pay amounts

110. If a person is convicted before a court of an offence against this Act, the court may (whether or not it has imposed a penalty on the person) order the person to pay an amount that the person is liable to pay under section 108.

Enforcement of orders for payment

111.(1) If the court that made the order has civil jurisdiction to the extent of the amount, the order is enforceable in all respects as a final judgment of the court in favour of the Commonwealth or the Director, as the case requires.

(2) If the court that made the order:

(a)     does not have civil jurisdiction; or

(b)     has civil jurisdiction, but not to the extent of the amount;

a proper officer of the court must issue to the Minister or the Director, as the case requires, a certificate in the prescribed form containing the prescribed particulars.

(3) The certificate may, in a prescribed manner and subject to the prescribed conditions (if any), be registered in a court having civil jurisdiction to the extent of the amount ordered to be paid to the Commonwealth or the Director, as the case requires.

(4)     Upon registration under subsection (3), the certificate is enforceable in all respects as a final judgment of the court in favour of the Commonwealth or the Director, as the case requires.

(5)     Subject to the prescribed conditions (if any), the cost of registration of the certificate and other proceedings under this section are taken to be payable under the certificate.

Further orders relating to the same act or omission

112. Making an order under section 110 in respect of an expense or liability incurred in relation to rectifying an act or omission does not prevent the making of an order under section 110 in respect of another expense or liability incurred in relation to rectifying that act or omission.

PART 7—ADMINISTRATION AND ENFORCEMENT

Outline of this Part

113.(1) This Part is about the administration of this Act, and confers certain powers of enforcement to ensure compliance with this Act.

(2)     Division 1 is about the administrative responsibilities of the Director of the ANPWS.

(3)     Division 2 enables officers to investigate offences under this Act.

(4)     Division 3 enables the Federal Court, on the application of the Director or interested persons, to grant injunctions about contraventions of this Act.

Division 1—Administration

General administration of Act

114. The Director has the general administration of this Act.

Additional functions of Director

115. In addition to the functions of the Director under section 16 of the National Parks and Wildlife Services Act 1975, the Director has such additional functions as are conferred on the Director under this Act.

Delegation

116. Subject to any directions of the Minister, the Director may, by written instrument, delegate to a staff member of the ANPWS all or any of the Director’s powers under this Act.

Consultation with the Great Barrier Reef Marine Park Authority

117. The Director must not perform any functions or exercise any powers under this Act in a part of the Great Barrier Reef Marine Park without first consulting the Great Barrier Reef Marine Park Authority.

Division 2—Powers of officers

Interpretation

118. In this Division, unless the contrary intention appears:

“aircraft” means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include a hovercraft;

“animal” means any member, alive or dead, of the animal kingdom (other than a human being), and includes:

(a)     eggs or parts of eggs; and

“article” includes a substance or a mixture of substances;

“Australian aircraft” means an aircraft that is in Australian control or is registered under the Air Navigation Regulations as an Australian aircraft;

“Australian national” means:

(a)     an Australian citizen; or

“Australian vessel” means a vessel that is registered under the Shipping Registration Act 1981;

“foreign vessel” means a vessel other than an Australian vessel;

“hovercraft” means a vehicle designed to be supported on a cushion of air;

“identity card” in relation to an officer who is not a member of a police force, means an identity card issued to the officer under:

(b) section 45 of the Great Barrier Reef Marine Park Act 1975;

“in Australian control” means in the control or possession of one or more of any of the following:

“officer” means a person who is:

“plant” means any member, alive or dead, of the plant kingdom or of the fungus kingdom, and includes seeds and parts of a plant;

“seize” includes secure against interference;

“vehicle” includes a hovercraft;

“vessel” means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through or on water, but does not include a hovercraft.

Extent of powers

119.(1) The powers conferred by this Division may be exercised anywhere within or outside Australia in relation to:

(a)     Australian nationals; or

(b)     Australian aircraft and Australian vessels; or

(2) Subject to this section, the powers conferred by this Division may be exercised (other than in relation to a person, aircraft or vessel of a kind mentioned in subsection (1)) anywhere:

(a)     in Australia; or

(b)     on or in the Australian coastal sea; or

(d)     on or in the Australian fishing zone.

(3) On, or in the waters above, the continental shelf of Australia, the powers conferred by this Division may only be exercised, as provided for in subsection (2), in relation to an offence against this Act committed:

(4)     On or in the Australian fishing zone, the powers conferred by this Division may only be exercised, as provided for in subsection (2), in relation to an offence against this Act committed on or in the Australian fishing zone.

(5)     Nothing in subsection (2), (3) or (4) affects the operation of section 128.

Arrest without warrant

120.(1) An officer may, without warrant, arrest a person if the officer has reasonable grounds to believe:

(a)     that the person has committed an offence against this Act; and

(2) An officer (other than a member of a police force who is in uniform) who arrests a person under subsection (1) must:

(3) Nothing in this section prevents the arrest of a person under any other law.

Confiscation and forfeiture

121.(1) If a court convicts a person of an offence against this Act, the court may order the forfeiture to the Commonwealth of any vehicle, aircraft, vessel or article used or otherwise involved in the commission of the offence.

(2) In considering whether it is appropriate to make such an order in respect of a vehicle, aircraft, vessel or article, the court may have regard to:

(c)     the gravity of the offence concerned.

(3) An officer may:

(b)     retain it until:

(i) the end of the period of 60 days after the seizure; or

(4) The Director may authorise a vehicle, aircraft, vessel or article seized under subsection (3) to be released to its owner, or to the person from whose possession it was seized, either:

(a)     unconditionally; or

(5)     A vehicle, aircraft, vessel or article forfeited under this section may be sold or otherwise disposed of as the Director thinks fit.

(6)     An officer may seize:

(7) If an animal or plant has been seized under subsection (6), the Director may cause it to be:

(a)     retained; or

(b)     sold or otherwise disposed of.

(8) If an animal or plant seized under subsection (6) was not killed or taken in contravention of this Act or used or otherwise involved in the commission of an offence against this Act, any person who has suffered loss or damage because of the seizure is entitled to reasonable compensation.

Searches of vehicles, aircraft and vessels

122.(1) This section applies in relation to a vehicle, aircraft or vessel if:

(2) The officer may:

(b)     search the vehicle, aircraft or vessel; and

(d)     examine and seize:

(3) An officer (other than a member of a police force who is in uniform) who stops or proposes to search or detain a vehicle, aircraft or vessel must:

and, if the officer fails to do so, he or she is not authorised to search or detain the vehicle, aircraft or vessel.

Searches of land and premises

123.(1) This section applies in relation to land or premises if:

(2) The officer may, with the consent of the owner or occupier of the land or premises or under a warrant issued under section 124:

(a) enter the land or premises; and

(b)     search the land or premises; and

(d)     examine and seize:

committed; or

(3) An officer (other than a member of a police force who is in uniform) who proposes to enter land or premises under subsection (2) must:

and, if the officer fails to do so, he or she is not authorised to enter the land or premises.

(4) If the entry is under a warrant issued under section 124, the officer is taken not to have complied with subsection (3), unless he or she also produces the warrant for inspection by the owner or occupier.

(b) the information sets out those grounds;

the magistrate may issue a search warrant authorising an officer named in the warrant, with such assistance, and by such force, as is necessary and reasonable, to enter the premises and exercise the powers referred to in paragraphs 123(2)(b), (c) and (d) in respect of the thing.

(2) The magistrate must not issue the warrant unless:

(a) the informant or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as

the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and

(3) there must be stated in the warrant:

(c)     a description of the kind of things to be seized; and

(4) If, in the course of searching, under the warrant, for a particular thing in relation to a particular offence, an officer finds a thing that the officer believes on reasonable grounds to be:

and the officer believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence, the warrant is taken to authorise the officer to seize that thing.

Warrants may be granted by telephone etc.

125.(1) If, because of circumstances of urgency, an officer thinks it necessary to do so, the officer may apply for a warrant under subsection 124(1) by telephone, telex, fax or other electronic means under this section.

(2)     Before applying, the officer must prepare an information of a kind referred to in subsection 124(1) that sets out the grounds on which the issue of the warrant is being sought, but may, if it is necessary to do so, make the application before the information has been sworn.

(3)     If the magistrate to whom an application under subsection (1) is made is satisfied:

that there are reasonable grounds for issuing the warrant, the magistrate must complete and being such a search warrant as the magistrate would

issue under section 124 if the application had been made under that section.

(4) If the magistrate signs a warrant under subsection (3):

(a) the magistrate must:

(i) inform the officer of the terms of the warrant; and

(b) the officer must:

(i) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and (ii) write on it the magistrate’s name and the day on which and the time at which the warrant was signed.

(5) The officer must, not later than the day after the date of expiry or execution of the warrant, whichever is the earlier, send to the magistrate:

(a)     the form of warrant completed by the officer; and

(b)     the information duly sworn in connection with the warrant.

(6) Upon receiving the documents referred to in subsection (5), the magistrate must:

(a)     attach to them the warrant signed by the magistrate; and

(7)     A form of warrant duly completed by an inspector under subsection (4) is, if it is in accordance with the terms of the warrant signed by the magistrate, authority for any entry, search, seizure or other exercise of a power that the warrant so signed authorises.

(8)     If:

the court is to assume, unless the contrary is proved, that the entry, search, seizure or other exercise of power was not authorised by such a warrant.

Retention of things seized

126.(1) If an officer seizes a thing under paragraph 122(2)(d) or 123(2)(d), the officer may retain it until:

(a)     the end of the period of 60 days after the seizure; or

(2) The Director may authorise a thing seized under paragraph 122(2)(d) or 123(2)(d) to be released to the owner, or to the person from whose possession it was seized, either:

(a)     unconditionally; or

Officers may require certain information

127.(1) An officer who:

(b)     enters or searches land or premises under section 123;

may require a person found in or on the vehicle, aircraft or vessel, or on the land or premises, to state the person’s full name and address.

(2) An officer who detains or searches a vessel under section 122 may require the person in charge of the vessel to give the officer such information concerning:

(a)     the vessel and its crew; and

(b)     any person on board the vessel;

as the officer requests.

(3) If an officer (other than a member of a police force who is in uniform) makes a requirement of a person under this section, the officer must:

and, if the officer fails to do so, that person is not obliged to comply with the requirement.

Power to pursue persons and vessels

128.(1) An officer may exercise, in relation to foreign vessels and foreign nationals in any place, but not within the territorial sea of another country, a power conferred on the officer under section 122 if:

(2)     For the purposes of paragraph (1)(b), a pursuit of a person or vessel is not taken to be terminated or interrupted only because the officer or officers concerned lose sight of the person or vessel.

(3)     A reference in subsection (2) to losing sight of a person or vessel includes a reference to losing output from a radar or other sensing device.

Obstruction of officers etc.

129. A person must not:

Penalty: Imprisonment for 6 months.

Division 3—Injunctions

Injunctions granted on the application of the Director

130.(1) If a person (other than a Commonwealth agency) has engaged, is engaging or is proposing to engage in any conduct in contravention of this Act, the Federal Court may, on the application of the Director grant an injunction:

(a)     restraining the person from engaging in the conduct; and

(2) If:

the Federal Court may, on the application of the Director, grant an injunction requiring the person to do it.

Injunctions granted on the application of interested persons

131.(1) If the Minister or the Director has engaged, is engaging or is proposing to engage in any conduct in contravention of this Act (other than Part 2 or Division 2 of Part 5), the Federal Court may, on the application of an interested person:

(2) If:

the Federal Court may, on the application of an interested person, grant an injunction requiring the Minister or the Director to do it.

(3) In this section:

“interested person” means:

(4) Paragraph (3)(b) does not apply to an application if it relates to something done:

(a)     before the organisation or association was formed; or

Interim injunctions

132.(1) If an application is made to the court for an injunction under section 130 or 131, the court may, before considering the application, grant an interim injunction restraining a person or a

Commonwealth agency from engaging in the conduct of a kind referred to in those sections.

(2) The court is not to require an applicant for an injunction under section 130, as a condition of granting an interim injunction, to give any undertakings as to damages.

Discharge etc. of injunctions

133. The court may discharge or vary an injunction granted under this Division.

Certain limits on granting injunctions not to apply

134.(1) The power of the court under this Division to grant an injunction restraining a person or Commonwealth agency from engaging in conduct of a particular kind may be exercised:

(2) The power of the court to grant an injunction requiring a person or Commonwealth agency to do a something may be exercised:

Other powers of the court unaffected

135. The powers conferred on the court under this Division are in addition to, and not in derogation of, any other powers of the court, whether conferred by this Act or otherwise.

PART 8—THE ENDANGERED SPECIES ADVISORY COMMITTEE AND THE ENDANGERED SPECIES SCIENTIFIC SUBCOMMITTEE

Outline of this Part

136.(1) This Part establishes, and describes the functions, membership and operation of, the Endangered Species Advisory Committee and the Endangered Species Scientific Subcommittee.

(2)     Division 1 establishes the Endangered Species Advisory Committee and sets out its functions.

(3)     Division 2 is about the membership of the Advisory Committee.

(4)     Division 3 is about meetings of the Advisory Committee.

(5)     Division 4 establishes the Endangered Species Scientific Subcommittee and sets out its functions, membership and operation.

(6)     Division 5 is about review of the Act’s operation, and assistance to the Committees.

Division 1—Establishment and functions of the Endangered Species Advisory Committee

Establishment

137. The Endangered Species Advisory Committee is established.

Functions

138. The functions of the Advisory Committee are:

Division 2—Membership of the Advisory Committee

Constitution

139.(1) The Advisory Committee consists of such number of members, not being fewer than 10, as the Minister from time to time determines.

(2)     Subject to section 151, the performance of a function of the Advisory Committee is not affected by a vacancy or vacancies in the Advisory Committee’s membership.

(3)     The performance of a function of the Advisory Committee is not affected by the fact that the Advisory Committee’s membership does not include any members who are appointed to represent a particular body, group of bodies or community referred to in subsection 140(2).

Appointment of members

140.(1) Members are to be appointed by the Minister.

(2) The Minister must ensure that the membership includes members who are appointed to represent the following:

(d)     the rural community;

(e)    the business community;

(f)     the Commonwealth.

(3) The Minister must ensure that, as far as practicable, each one of at least 5 members:

(4) The Minister must ensure that a majority of the members are not persons employed by the Commonwealth or Commonwealth agencies.

Chairperson

141.(1) Subject to subsection (2), the Minister must appoint as the Chairperson of the Advisory Committee one of the members who possesses scientific qualifications that the Minister thinks relevant to the performance of the Advisory Committee’s functions.

(2)     The Minister must not appoint as the Chairperson a member who is employed by the Commonwealth or a Commonwealth agency.

(3)     Subject to subsection (4), the member appointed as the Chairperson holds the office of Chairperson until the end of his or her term of office as a member that is current at the time of his or her appointment.

(4)     The member so appointed ceases to be the Chairperson if he or she:

(a)     ceases to be a member; or

(5) A person is eligible to be re-appointed as the Chairperson.

Terms of office

142. A member:

(a)     is to be appointed on a part-time basis; and

Terms and conditions of appointment

143. A member holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Minister in writing.

Remuneration and allowances

144.(1) Members are to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, are to be paid such remuneration as is prescribed.

(2)     A member is to be paid such allowances as are prescribed.

(3)     This section has effect subject to the Remuneration Tribunal Act 1973.

Leave of absence

145.(1) The Minister may grant leave of absence to the Chairperson on such terms and conditions as to remuneration or otherwise as the Minister considers appropriate.

(2) The Chairperson may grant leave of absence to another member on such terms and conditions as to remuneration or otherwise as the Chairperson considers appropriate.

Resignation

146. A member may resign by written notice delivered to the Minister.

Outside employment

147. A member must not engage in any paid employment that, in the Minister’s opinion, conflicts with the proper performance of the member’s functions.

Termination of appointment

148.(1) The Minister may terminate a member’s appointment for misbehaviour or physical or mental incapacity.

(2) The Minister may terminate a member’s appointment if the member:

(d)     if the member is also a member of the Scientific Subcommittee:

Division 3—Meetings of the Advisory Committee

Convening meetings

149.(1) Subject to subsection (2), the Advisory Committee must hold such meetings as are necessary for the efficient performance of its functions.

(2)     The Advisory Committee must hold at least one meeting every 12 months.

(3)     The Chairperson:

(a)     may convene a meeting at any time; and

(4) The Minister may convene a meeting at any time.

Presiding at meetings

150.(1) The Chairperson is to preside at all meetings at which he or she is present.

(2) If the Chairperson is not present, the members present must elect one of their number to preside.

Quorum

151. At a meeting, a majority of members, or 6 members, whichever is the greater, form a quorum.

Voting at meetings

152.(1) Questions arising at a meeting are to be decided by a majority of votes of the members present and voting.

(2) The member presiding has a deliberative vote, and, if necessary, also has a casting vote.

Conduct of meetings

153. The Advisory Committee may, subject to this Division, determine the procedure at meetings.

Resolutions without meetings

154.(1) If a majority of the members sign a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms is taken to have been passed at a duly constituted meeting held:

(a)     on the day the document was signed; or

(2) For the purposes of subsection (1), 2 or more separate documents containing statements in identical terms each of which is signed by one

or more members are together taken to be one document containing a statement in those terms signed by those members on the respective days on which they signed the separate documents.

(3) If the resolution is about a matter in which a member would, for the purposes of section 156, be taken to have an interest, the member:

(b)     must disclose the nature of the interest to the Chairperson.

(4) Any member to whom subsection (3) applies in connection with the resolution is taken not to be a member for the purposes of calculating the number of members that would constitute a majority under subsection (1) in connection with the resolution.

Records relating to meetings

155. The Advisory Committee must keep minutes of its meetings and records of resolutions passed in accordance with section 154.

Disclosure of interests

156.(1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting.

(2) The disclosure is to be recorded in the minutes of the meeting and the member must not, unless the Advisory Committee or the Minister otherwise determines:

(3) For the purposes of the Advisory Committee making such a determination, any member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates must not:

(b)     take part in the making of the determination.

Persons may be invited to attend meetings

157. The Advisory Committee may invite a person to attend a meeting:

(a)     as an observer; or

(b)     to advise or inform the Advisory Committee on any matter.

Division 4—The Endangered Species Scientific Subcommittee

Establishment

158. The Endangered Species Scientific Subcommittee is established.

Functions

159.(1) The functions of the Scientific Subcommittee are:

(2)     In advising the Minister under paragraph (1)(a), the Scientific Subcommittee must consider any changes to lists of species adopted by the body known as the Australian and New Zealand Environment and Conservation Council.

(3)     In advising the Minister under paragraph (1)(b), the Scientific Subcommittee must consider any listing criteria used by the body known as the Australian and New Zealand Environment and Conservation Council.

Constitution

160.(1) The Scientific Subcommittee consists of such members of the Advisory Committee as are members referred to in subsection 140(3).

(2) The performance of a function of the Scientific Subcommittee is not affected by the number of its members being fewer than 5.

Chairperson of Scientific Subcommittee

161. The Chairperson of the Scientific Subcommittee is the person for the time being holding office as the Chairperson of the Advisory Committee.

Terms of office

162. A member of the Scientific Subcommittee:

Meetings of the Scientific Subcommittee

163. Division 3 applies in relation to meetings of the Scientific Subcommittee as if:

Division 5—Miscellaneous

Assistance for the Committees

164.(1) Administrative assistance required for the purposes of the Advisory Committee or the Scientific Subcommittee is to be provided by staff members of the ANPWS.

(2) The ANPWS is to provide such money as is necessary for the performance of the functions of the Advisory Committee or the Scientific Subcommittee.

PART 9—MISCELLANEOUS

Inventories of listed native species etc.

165.(1) This section applies to Commonwealth areas that are areas of land.

(2) The Director must:

(a)     prepare; or

inventories that identify, and state the abundance of, the listed native species and listed ecological communities present in Commonwealth areas.

(3)     Each inventory is to cover such Commonwealth areas as the Director determines.

(4)     A Commonwealth area must be covered by an inventory:

(a)     within 10 years after the commencement of this Act; or

(b)     within 10 years after the area became a Commonwealth area; whichever is the later.

(5) The Director may, at any time:

(a)     vary an inventory; or

(6)     The Director must cause a copy of an inventory, or a variation of an inventory, to be given to any Commonwealth agency that owns, occupies or has any other interest in a Commonwealth area covered by the inventory.

(7)     A Commonwealth agency that owns, occupies or has any other interest in a Commonwealth area is to provide all reasonable assistance in connection with the preparation under this section of an inventory that is to cover the area.

Surveys of marine species etc.

166.(1) This section applies to Commonwealth areas that are not areas of land.

(2) The Director must:

(a)     prepare; or

surveys that identify, and state the extent of the range of:

(c)     the marine species that are listed native species; and

present in Commonwealth areas.

(3)     Each survey is to cover such Commonwealth areas as the Director determines.

(4)     A Commonwealth area must be covered by a survey:

(a)     within 10 years after the commencement of this Act; or

(b)     within 10 years after the area became a Commonwealth area; whichever is the later.

(5) The Director may, at any time:

(a)     vary a survey; or

(6)     The Director must cause a copy of a survey, or a variation of a survey, to be given to any Commonwealth agency that owns, occupies or has any other interest in a Commonwealth area covered by the survey.

(7)     A Commonwealth agency that owns, occupies or has any other interest in a Commonwealth area is to provide all reasonable assistance

in connection with the preparation under this section of a survey that is to cover the area.

Obligations under this Act unaffected by lack of inventories or surveys

167. Obligations imposed by this Act are not affected, in their application in relation to Commonwealth areas, by any lack of inventories or surveys for those areas.

Review of operation of Act

168.(1) The Minister must cause an independent review of:

(a)     the operation of this Act; and

to be undertaken within 5 years after the commencement of this Act and thereafter at intervals of not longer than 5 years.

(2)     A person who undertakes such a review must give the Minister a written report of the review.

(3)     The Minister must cause a copy of each report to be tabled in each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.

(4)     In this section:

“independent review” means a review undertaken by persons who:

Waiver of obligations imposed by this Act

169.(1) If the Governor-General declares, by instrument in writing, that it is in the national interest that an obligation imposed by this Act be waived, the obligation ceases to have effect in the circumstances, and to the extent, specified in the instrument.

(2)     An instrument is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

(3)     Despite section 48 of the Acts Interpretation Act 1901 as it applies in relation to such instruments because of section 46A of that Act, the instrument takes effect on the first day on which it is no longer liable to be disallowed, or to be taken to have been disallowed, under section 48 of that Act as is so applies.

Effect of failure to meet time limits

170.(1) Anything done by the Commonwealth, the Minister or the Director under this Act is not invalid merely because it was not done within the period required by this Act.

(2) In every case where anything required to be done under this Act was not done within the period required by this Act, the Minister must:

(3) Subsection (1) does not reduce or remove an obligation under this Act to do a thing within a particular period.

This Act to be subject to international obligations

171. This Act has effect subject to Australia’s obligations under international law, including obligations under any agreement between Australia and another country or countries.

Compensation

172.(1) In this section:

“acquisition of property”, and “just terms”, have the same meanings as in paragraph 51 (xxxi) of the Constitution.

(2)     If, apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay reasonable compensation to the person.

(3)     If the Commonwealth and the person do not agree on the amount of the compensation, the person may apply to the Federal Court to determine a reasonable amount of compensation.

(4)     The Lands Acquisition Act 1989 does not apply to an acquisition of property that results from the operation of this Act.

Raising funds

173. Without limiting paragraph 17(1)(e) of the National Parks and Wildlife Conservation Act 1975, the Director’s powers under that paragraph extend to the establishment and maintenance of an organisation and a fund for the purposes of promoting and encouraging financial support from the public for the recovery and conservation of listed native species and listed ecological communities.

International assistance

174.(1) Subject to subsection (2), the Director may provide financial assistance to the governments of, and organisations in, foreign countries for the purpose of assisting the recovery and conservation, in those countries, of non-native species included in lists established under agreements specified in Schedule 4.

(2)     The assistance must be provided in accordance with directions given by the Minister.

(3)     Before giving a direction, the Minister must:

Giving effect to international agreements

175.(1) The Governor-General may make regulations in relation to giving effect to an agreement specified in Schedule 4 so far as the agreement relates to the recovery or conservation of listed native species or listed ecological communities.

(2) Regulations made in relation to an agreement that has not entered into force for Australia are not to come into operation on a day earlier than the day on which the agreement enters into force for Australia.

Regulations

176. The Governor-General may make regulations prescribing all matters:

(a)     required or permitted by this Act to be prescribed; or

SCHEDULE 1 Section 15

LISTED SPECIES

PART 1—SPECIES THAT ARE ENDANGERED

SCHEDULE 1—continued

SCHEDULE 1—continued

SCHEDULE 1—continued

Atriplex kochiana

Austromyrtus fragrantissima

Austromyrtus gonoclada

Ballantinia antipoda

Banksia brownii

Barbarea australis

Bentleya spinescens

Billardiera alpina

Boronia granitica

Boronia repanda

Brachyscome muelleri

Cajanus mareebensis

Caladenia audasii

Caladenia busselliana Hopper & Brown ms.

Caladenia cristata

Caladenia formosa

Caladenia fulva

Caladenia hastata

Caladenia lowanensis

Caladenia robinsonii

Caladenia rosella

Caladenia elegans Hopper & Brown ms.

Caladenia viridescens Hopper & Brown ms.

Caladenia tensa

Caladenia thysanochila

Calochilus pseudnus

Calochilus richae

Calytrix breviseta breviseta

Centrolepis pedderensis

Colobanthus curtisiae

Conostylis setigera dasys

Corchorus cunninghamii

Cyathea exilis

Cynanchum elegans

Cyperus ohwii

Danthonia popinensis

Darwinia apiculata

SCHEDULE 1—continued

Darwinia carnea

Darwinia ferricola Marchant & Keighery ms. Scott River

Davidsonia sp. (A.G. Floyd 1595; Mullumbimby-Currumbin Ck)

Daviesia bursarioides Crisp ms.

Daviesia microcarpa Crisp ms.

Daviesia oxylobium Crisp ms.

Daviesia purpurascens

Dendrobium mirbelianum

Dendrobium nindii

Dendrobium antennatum

Deyeuxia appressa

Digitarla porrecta

Diospyros mabacea

Diploglottis campbellii

Dipodium pictum

Diuris fragrantissima

Diuris micrantha

Diuris pallens

Dodonaea subglandulifera

Dodonaea tepperi

Drakonarchis drakeoidea Hopper & Brown ms.

Dryandra mimica

Dryandra sp. (F. Lullfitz 3379; Stirling Range)

Dryandra sp. (M. Pieroni s.n. 20/9/88; Kamballup)

Elaeocarpus williamsianus

Endiandra sp. 1

Epacris hamiltonii

Epacris stuartii

Epiblema grandiflorum var. cychea Dixon ms.

Eremophila caerulea var. merrallii Chinnock ms.

Eremophila nivea

Eremophila veneta Chinnock m.s.

Eremophila verticillata

SCHEDULE 1—continued

Eriocaulon carsonii

Eucalyptus graniticola Brooker & Hopper ms.

Eucalyptus impensa Brooker & Hopper ms.

Eucalyptus absita

Eucalyptus conglomerata

Eucalyptus crenulata

Eucalyptus crucis praecripua Brooker & Hopper ms.

Eucalyptus cuprea Brooker & Hopper ms.

Eucalyptus morrisbyi

Eucalyptus phylacis

Eucalyptus recurva

Eucalyptus rhodantha

Euphrasia collina subsp. muelleri

Euphrasia collina subsp. osbornii

Euphrasia sp. (W. M. Curtis, 5/12/88; Southport)

Fimbristylis adjuncta

Fontainea oraria

Frankenia plicata

Gardenia actinocarpa

Gastrolobium callistachys

Gastrolobium glaucum

Gastrolobium graniticum

Gastrolobium hamulosum

Genoplesium rhyoliticum

Genoplesium tectum

Gentiana wingecarribiensis

Gonocarpus intricatus

Graptophyllum reticulatum

Graptophyllum thorogoodii

Grevillea batrachioides

Grevillea beadleana

Grevillea calliantha

Grevillea flexuosa

Grevillea iaspicula

Grevillea scapigera

SCHEDULE 1—continued

Grevillea wilkinsonii Makinson ms.

Habenaria macraithii

Hakea aculeata

Haloragis eyreana

Haloragodendron lucasii

Homopholis belsonii

Huperzia carinola

Huperzia dalhousieana

Huperzia filiformis

Huperzia squarrosa

Hypocalymma longifolium

Isoglossa eranthemoides

Isopogon uncinatus

Kunzea rupestris

Lambertia echinata

Lambertia fairallii

Lambertia orbifolia

Lepidium aschersonii

Lepidium catapycnon

Lepidium hyssopifolium

Lepidium monoplocoides

Leucochrysum albicans

Lomatia tasmanica

Macadamia sp. (B. Hyland 3472; Woopen Creek)

Macrozamia lomandroides

Malaxis lawleri

Marsdenia coronata

Marsdenia longiloba

Meziella trifida

Muellerargia timorensis

Myoporum turbinatum

Neoroepera buxifolia

Olearia flocktoniae

Olearia hygrophila

Olearia microdisca

Persoonia nutans

Phaius bernaysii

Phalaenopsis rosenstromii

Phebalium daviesii

SCHEDULE 1—continued

Phebalium obtusifolium

Pimelea rara

Pimelea spicata

Pityrodia scabra

Planchonella eerwah

Pomaderris cotoneaster

Prasophyllum chasmogamum

Prasophyllum diversiflorum

Prasophyllum petilum

Prasophyllum uroglossum

Prostanthera eurybioides

Psoralea parva

Pterostylis arenicola

Pterostylis despectans

Pterostylis gibbosa

Pterostylis sp. (D.L. Jones 5333 ex P. Branwhite s.n.)

Pterostylis sp. (S.D. Hopper 3349; Northampton)

Ptilotus beckerianus

Ptychosema pusillum

Ptychosperma bleeseri

Pultenaea pauciflora

Pultenaea trichophylla

Quassia sp. (J. King s.n., 1949; Mooney Creek)

Randia moorei

Ranunculus prasinus

Restio abortivus

Romnalda strobilacea

Rutidosis leptorhynchoides

Sclerolaena napiformis

Senecio behrianus

Sowerbaea multicaulis

Stemmacantha australis

Stylidium coroniforme

Stylidium scabridum

Swainsona recta

Tectaria devexa

Tetratheca gunnii

SCHEDULE 1—continued

Tetratheca paynterae Alfard ms.

Thelymitra dedmaniae

Thelymitra epipacroides

Thysanotus wangariensis

Triunia robusta

Tylophora rupicola

Tylophora woollsii

Uromyrtus australis

Verticordia fimbrilepis

Verticordia harveyi

Verticordia hughanii

Verticordia piumosa ananeotes

Vrydagzynea paludosa

Westringia crassifolia

Xanthostemon formosus

Xerothamnella herbacea

Zieria adenophora

Zieria obcordata

Zieria baeuerlenii Armstrong ms.

Zieria prostrata Armstrong ms.

SCHEDULE 1—continued

PART 2—SPECIES THAT ARE VULNERABLE