1998

The Parliament of the
Commonwealth of Australia

THE SENATE

Presented and read a first time

Environment Protection and Biodiversity Conservation Bill 1998

No.      , 1998

(Environment and Heritage)

A Bill for an Act relating to the protection of the environment and the conservation of biodiversity, and for related purposes

ISBN:  0642 376964  

Contents
Chapter 1—Preliminary	1
Part 1—Preliminary	1
1	Short title	2
2	Commencement	2
3	Objects of Act	2
4	Act to bind Crown	3
5	Application of Act	4
6	Act to have effect subject to Australia’s international obligations	6
7	Application of the Criminal Code	6
8	Native title rights not affected	6
9	Relationship with other Acts	6
10	Relationship with State law	7
Chapter 2—Protecting the environment	8
Part 2—Simplified outline of this Chapter	8
11	Simplified outline of this Chapter	8
Part 3—Requirements for environmental approvals	9
Division 1—Requirements relating to matters of national environmental significance	9
Subdivision A—World Heritage	9
12	Requirement for approval of activities with a significant impact on a declared World Heritage property	9
13	What is a declared World Heritage property?	10
14	Declaring a property to be a declared World Heritage property	10
15	Amending or revoking a declaration of a declared World Heritage property	12
Subdivision B—Wetlands of international importance	13
16	Requirement for approval of activities with a significant impact on a declared Ramsar wetland	13
17	What is a declared Ramsar wetland?	14
Subdivision C—Listed threatened species and communities	16
18	Actions with significant impact on listed threatened species or endangered community prohibited without approval	16
19	Certain actions relating to listed threatened species and listed threatened ecological communities not prohibited	18
Subdivision D—Listed migratory species	19
20	Requirement for approval of activities with a significant impact on a listed migratory species	19
Subdivision E—Protection of the environment from nuclear actions	20
21	Requirement for approval of nuclear actions	20
22	What is a nuclear action?	21
Subdivision F—Marine environment	22
23	Requirement for approval of activities involving the marine environment	22
24	What is a Commonwealth marine area?	24
Subdivision G—Additional matters of national environmental significance	25
25	Requirement for approval of prescribed actions	25
Division 2—Protection of the environment from proposals involving the Commonwealth	28
Subdivision A—Protection of environment from actions involving Commonwealth land	28
26	Requirement for approval of activities involving Commonwealth land	28
27	What is Commonwealth land?	29
Subdivision B—Protection of the environment from Commonwealth activities and decisions	30
28	Requirement for approval of activities of Commonwealth agencies significantly affecting the environment	30
Part 4—Cases in which environmental approvals are not needed	32
Division 1—Actions covered by bilateral agreements	32
29	Actions declared by agreement not to need approval	32
30	Extended operation in State and Northern Territory waters	32
31	Extended operation in non‑self‑governing Territories	33
Division 2—Actions covered by Ministerial declarations	34
32	Actions declared by Minister not to need approval	34
33	Making declaration	34
34	What is matter protected by a provision of Part 3?	35
35	Revoking declarations	37
36	Other rules about declarations	37
Division 3—Actions covered by conservation agreements	39
37	Actions specified as not needing approval	39
Division 4—Forestry operations in certain regions	40
Subdivision A—Regions covered by regional forest agreements	40
38	Approval not needed for forestry operations permitted by regional forest agreements	40
Subdivision B—Regions subject to a process of negotiating a regional forest agreement	40
39	Object of this Subdivision	40
40	Forestry operations in regions not yet covered by regional forest agreements	41
41	What is an RFA region?	42
Subdivision C—Limits on application	43
42	This Division does not apply to some forestry operations	43
Division 5—Actions in the Great Barrier Reef Marine Park	45
43	Actions taken in accordance with permission	45
Chapter 3—Bilateral agreements	46
Part 5—Bilateral agreements	46
Division 1—Object of Part	46
44	Object of this Part	46
Division 2—Making bilateral agreements	47
Subdivision A—Power to make bilateral agreements	47
45	Minister may make agreement	47
46	Agreement may declare actions do not need approval under Part 9	48
47	Agreement may declare classes of actions do not need assessment	50
48	Other provisions of bilateral agreements	51
49	Express provision needed to affect Commonwealth areas or actions	52
Subdivision B—Prerequisites for making bilateral agreements	52
50	Minister may only enter into agreement if prescribed criteria are met	52
51	Agreements relating to declared World Heritage properties	53
52	Agreements relating to declared Ramsar wetlands	53
53	Agreements relating to listed threatened species and ecological communities	53
54	Agreements relating to migratory species	54
55	Agreements relating to nuclear actions	54
56	Agreements relating to prescribed actions	55
Division 3—Suspending and ending the effect of bilateral agreements	56
Subdivision A—Suspension and cancellation of effect	56
57	Representations about suspension or cancellation	56
58	Consultation before cancellation or suspension	57
59	Suspension or cancellation	57
60	Emergency suspension of effect of bilateral agreement	59
61	Cancellation during suspension	60
62	Revocation of notice of suspension or cancellation	60
63	Cancellation or suspension at request of other party	61
64	Cancellation or suspension of bilateral agreement does not affect certain actions	62
Subdivision B—Expiry of bilateral agreements	63
65	Expiry and review of bilateral agreements	63
Chapter 4—Environmental assessments and approvals	64
Part 6—Simplified outline of this Chapter	64
66	Simplified outline of this Chapter	64
Part 7—Deciding whether approval of actions is needed	66
Division 1—Referral of proposals to take action	66
67	What is a controlled action?	66
68	Referral by person proposing to take action	66
69	State or Territory may refer proposal to Minister	66
70	Minister may request referral of proposal	67
71	Commonwealth agency may refer proposal to Minister	67
72	Form and content of referrals	68
73	Notifying person proposing to take action of referral	68
74	Inviting provision of information on referred proposal	68
Division 2—Ministerial decision whether action needs approval	70
75	Does the proposed action need approval?	70
76	Minister may request more information for making decision	71
77	Notice and reasons for decision	72
78	Reconsideration of decision	73
79	Reconsideration of decision on request by a State or Territory	76
Part 8—Assessing impacts of controlled actions	78
Division 1—Simplified outline of this Part	78
80	Simplified outline of this Part	78
Division 2—Application of this Part	79
81	Application	79
82	What are the relevant impacts of an action?	79
83	This Part does not apply if action covered by bilateral agreement	80
84	This Part does not apply if action covered by declaration	80
Division 3—Decision on assessment approach	83
Subdivision A—Simplified outline of this Division	83
85	Simplified outline of this Division	83
Subdivision B—Deciding on approach for assessment	83
86	Designated proponent must provide preliminary information for assessment	83
87	Minister must decide on approach for assessment	84
88	Timing of decision on assessment approach	85
89	Minister may request more information for making decision	87
90	Directing an inquiry after trying another approach	87
91	Notice of decision on assessment approach	88
Division 4—Assessment on preliminary documentation	89
92	Application	89
93	Public comment on information included in referral	89
94	Revised documentation	90
95	Assessment report	90
Division 5—Public environment reports	92
96	Application	92
97	Minister must prepare guidelines for draft public environment report	92
98	Designated proponent must invite comment on draft public environment report	93
99	Finalising public environment report	94
100	Assessment report	95
Division 6—Environmental impact statements	96
101	Application	96
102	Minister must prepare guidelines for draft environmental impact statement	96
103	Designated proponent must invite comment on draft environmental impact statement	97
104	Finalising draft environmental impact statement	98
105	Assessment report	99
Division 7—Inquiries	100
Subdivision A—Preliminary	100
106	Simplified outline	100
Subdivision B—Establishment of inquiries	100
107	Appointing commissioners and setting terms of reference	100
108	Publicising inquiry	101
Subdivision C—Conduct of inquiries	102
109	Procedure of inquiries	102
110	Inquiry to be public	102
111	Calling witnesses	103
112	Dealing with witnesses	104
113	Dealing with documents given to commission	105
114	Inspections of land, buildings and places	106
115	Entering premises by consent	107
116	Entering premises under warrant	107
117	Warrants by telephone or other electronic means	108
118	Identity cards	110
119	Contempt	110
120	Protection of commissioners and witnesses	111
Subdivision D—Inquiry reports	113
121	Timing of report	113
122	Publication of report	113
Subdivision E—Commissioners’ terms and conditions	114
123	Basis of appointment	114
124	Remuneration	114
125	Leave of absence	114
126	Resignation	115
127	Termination of appointment	115
128	Disclosure of interests	116
129	Other terms and conditions	116
Part 9—Approval of actions	117
Division 1—Decisions on approval and conditions	117
Subdivision A—General	117
130	Timing of decision on approval	117
131	Inviting comments from other Ministers before decision	118
132	Requesting further information for approval decision	119
133	Grant of approval	119
134	Attaching conditions to approval	120
135	Certain approvals and conditions must not give preference	122
Subdivision B—Considerations for approvals and conditions	123
136	General considerations	123
137	Requirements for decisions about World Heritage	125
138	Requirements for decisions about Ramsar wetlands	126
139	Requirements for decisions about threatened species and endangered communities	126
140	Requirements for decisions about migratory species	126
141	Requirements for decisions about prescribed actions	127
Division 2—Requirement to comply with conditions	128
142	Compliance with conditions on approval	128
Division 3—Variation of conditions and suspension and revocation of approvals	129
143	Variation of conditions attached to approval	129
144	Suspension of approval	130
145	Revocation of approval	131
Part 10—Strategic assessments	133
Division 1—Strategic assessments generally	133
146	Minister may agree on strategic assessment	133
Division 2—Assessment of Commonwealth‑managed fisheries	135
147	Simplified outline of this Division	135
148	Assessment before management plan is determined	136
149	Assessment before determination that no plan required	136
150	Assessment of all fisheries without plans must be started within 5 years	137
151	Assessment of all Torres Strait fisheries to be started within 5 years	138
152	Further assessment if impacts greater than previously assessed	138
153	Minister must make declaration if he or she endorses plan or policy	139
154	This Division does not limit Division 1	140
Part 11—Miscellaneous rules about assessments and approvals	141
Division 1—Rules about timing	141
155	This Chapter ceases to apply to lapsed proposals	141
156	General rules about time limits	142
Division 2—Actions in area offshore from a State or the Northern Territory	143
157	Actions treated as though they were in a State or the Northern Territory	143
Division 3—Exemptions	144
158	Exemptions from Part 3 and this Chapter	144
Division 4—Application of Chapter to actions that are not controlled actions	145
Subdivision A—Minister’s advice on authorising actions	145
159	Simplified outline of this Subdivision	145
160	Requirement to take account of Minister’s advice	146
161	Seeking the Minister’s advice	147
162	Assessment of the action	148
163	Providing advice	149
164	Reporting on response to advice	150
Subdivision B—Assessment of applications for permits relating to whales, dolphins and porpoises	150
165	Assessment of applications for permits relating to whales, dolphins and porpoises	150
Subdivision C—Assessment under agreement with State or Territory	151
166	This Subdivision applies if Ministers agree it should	151
167	Making an agreement	152
168	Content of an agreement	153
169	Application of a Division of Part 8	155
170	Application of Division 1 of Part 10	156
Chapter 5—Conservation of biodiversity	157
Part 12—Identifying and monitoring biodiversity and making bioregional plans	157
Division 1—Identifying and monitoring biodiversity	157
171	Identifying and monitoring biodiversity	157
172	Inventories of listed threatened species etc. on Commonwealth land	158
173	Surveys of cetaceans, listed threatened species etc. in Commonwealth marine areas	158
174	Inventories and surveys to be updated	159
175	Obligations under this Act unaffected by lack of inventories or surveys	159
Division 2—Bioregional plans	160
176	Bioregional plans	160
177	Obligations under this Act unaffected by lack of bioregional plans	160
Part 13—Species and communities	161
Division 1—Listed threatened species and ecological communities	161
Subdivision A—Listing	161
178	Listing of threatened species	161
179	Categories of threatened species	162
180	Native species of marine fish	163
181	Listing of threatened ecological communities	163
182	Critically endangered, endangered and vulnerable communities	164
183	Listing of key threatening processes	165
184	Minister may amend lists	165
185	Maintaining the lists in up‑to‑date condition	166
186	Amending list of threatened native species	166
187	Amending list of ecological communities	168
188	Amending list of key threatening processes	168
189	Minister must consider advice from Scientific Committee	169
190	Scientific Committee may provide advice about species or communities becoming threatened	170
191	Nomination of threatened species etc.	171
192	Rediscovery of threatened species that were extinct	172
193	Species posing a serious threat to human health	172
194	Minister to make lists available to the public	173
Subdivision B—Permit system	173
195	Subdivision does not apply to cetaceans	173
196	Taking etc. certain listed threatened species or listed ecological communities	173
197	Section 196 does not apply to certain actions	174
198	Operation of section 18 not affected	175
199	Failing to notify taking of listed threatened species or listed ecological community	175
200	Application for permits	176
201	Minister may issue permits	176
202	Conditions of permits	177
203	Contravening conditions of a permit	178
204	Authorities under permits	178
205	Transfer of permits	179
206	Suspension or cancellation of permits	179
207	Fees	179
Subdivision C—Miscellaneous	179
208	Regulations	179
Division 2—Migratory species	181
Subdivision A—Listing	181
209	Listed migratory species	181
Subdivision B—Permit system	182
210	Subdivision does not apply to members of listed threatened species or cetaceans	182
211	Taking etc. listed migratory species	182
212	Section 211 does not apply to certain actions	183
213	Operation of section 20 not affected	184
214	Failing to notify taking etc. of listed migratory species	184
215	Application for permits	185
216	Minister may issue permits	185
217	Conditions of permits	186
218	Contravening conditions of a permit	186
219	Authorities under permits	186
220	Transfer of permits	187
221	Suspension or cancellation of permits	187
222	Fees	187
Subdivision C—Miscellaneous	187
223	Regulations	187
Division 3—Whales and other cetaceans	189
Subdivision A—Application of Division	189
224	Application of Division	189
Subdivision B—Australian Whale Sanctuary	190
225	Australian Whale Sanctuary	190
226	Prescribed waters	190
227	Coastal waters	190
228	Minister may make declaration for coastal waters	191
Subdivision C—Offences	191
229	Killing etc. cetaceans	191
230	Possession of cetaceans	192
231	Sections 229 and 230 do not apply to certain actions	193
232	Action to be taken on killing etc. cetaceans	193
Subdivision D—Offences relating to unlawful importation	195
233	Possession of unlawfully imported cetaceans	195
234	Treating unlawfully imported cetaceans	195
235	Sections 233 and 234 do not apply to certain actions	195
Subdivision E—Miscellaneous offences	196
236	Offences relating to foreign whaling vessels	196
Subdivision F—Permit system	197
237	Application for permits	197
238	Minister may issue permits	197
239	Conditions of permits	198
240	Contravening conditions of a permit	199
241	Authorities under permits	199
242	Transfer of permits	200
243	Suspension or cancellation of permits	200
244	Fees	200
Subdivision G—Miscellaneous	200
245	Minister may accredit plans of management	200
246	Vesting of whales in Commonwealth	201
247	Regulations	201
Division 4—Listed marine species	202
Subdivision A—Listing	202
248	Listed marine species	202
249	Minister may amend list	202
250	Adding marine species to the list	203
251	Minister must consider advice from Scientific Committee	204
252	Minister to make lists available to the public	204
Subdivision B—Permit system	205
253	Subdivision does not apply to members of certain species and cetaceans	205
254	Taking etc. listed marine species	205
255	Section 254 does not apply to certain actions	205
256	Failing to notify unintended taking of listed marine wildlife	207
257	Application for permits	207
258	Minister may issue permits	208
259	Conditions of permits	209
260	Contravening conditions of a permit	209
261	Authorities under permits	209
262	Transfer of permits	210
263	Suspension or cancellation of permits	210
264	Fees	210
Subdivision C—Miscellaneous	210
265	Minister may accredit plans of management	210
266	Regulations	211
Division 5—Plans	212
Subdivision A—Recovery plans and threat abatement plans	212
267	Recovery plans and threat abatement plans	212
268	Compliance with recovery plans and threat abatement plans	213
269	Implementing recovery and threat abatement plans	213
270	Content of recovery plans	214
271	Content of threat abatement plans	215
272	Eradication of non‑native species	216
273	Deadlines for preparing plans	216
274	Scientific Committee to advise on plans	219
275	Consultation on plans	219
276	Consideration of comments	220
277	Adoption of State plans	221
278	Publication, review and variation of plans	221
279	Variation of plans by the Minister	222
280	Variation by a State or Territory of joint plans and plans adopted by the Minister	222
281	Commonwealth assistance	223
282	Scientific Committee to advise on assistance	224
283	Plans may cover more than one species etc.	224
284	Reports on preparation and implementation of plans	225
Subdivision B—Wildlife conservation plans	225
285	Wildlife conservation plans	225
286	Acting in accordance with wildlife conservation plans	226
287	Content of wildlife conservation plans	226
288	Eradication of non‑native species	227
289	Scientific Committee to advise on scheduling of plans	228
290	Consultation on plans	228
291	Consideration of comments	229
292	Adoption of State plans	229
293	Publication, review and variation of plans	229
294	Variation of plans by the Minister	230
295	Variation by a State or Territory of joint plans and plans adopted by the Minister	231
296	Commonwealth assistance	231
297	Plans may cover more than one species etc.	232
298	Reports on preparation and implementation of plans	232
Subdivision C—Miscellaneous	232
299	Wildlife conservation plans cease to have effect	232
300	Document may contain more than one plan	233
Division 6—Access to biological resources	234
301	Control of access to biological resources	234
Division 7—Aid for conservation of species in foreign countries	235
302	Aid for conservation of species in foreign countries	235
Division 8—Miscellaneous	236
303	Regulations	236
Part 14—Conservation agreements	237
304	Object of this Part	237
305	Minister may enter into conservation agreements	237
306	Content of conservation agreements	238
307	Conservation agreements to be legally binding	239
308	Variation and termination of conservation agreements	239
309	Publication of conservation agreements	240
310	List of conservation agreements	241
311	Commonwealth, State and Territory laws	241
312	Minister must not give preference	242
Part 15—Protected areas	243
Division 1—Managing World Heritage properties	243
Subdivision A—Simplified outline of this Division	243
313	Simplified outline of this Division	243
Subdivision B—Seeking agreement on World Heritage listing	244
314	Special provisions relating to World Heritage nominations	244
Subdivision C—Notice of submission of property for listing	244
315	Minister must give notice of submission of property for listing etc.	244
Subdivision D—Plans for listed World Heritage properties in Commonwealth areas	245
316	Making plans	245
317	Notice of plans	247
318	Compliance with plans	247
319	Review of plans every 5 years	247
Subdivision E—Managing World Heritage properties in States and self‑governing Territories	248
320	Application	248
321	Co‑operating to prepare and implement plans	248
322	Commonwealth responsibilities	248
Subdivision F—Australian World Heritage management principles	249
323	Australian World Heritage management principles	249
Subdivision G—Assistance for protecting World Heritage properties	249
324	Commonwealth assistance for protecting declared World Heritage properties	249
Division 2—Managing wetlands of international importance	250
Subdivision A—Simplified outline of this Division	250
325	Simplified outline of this Division	250
Subdivision B—Seeking agreement on Ramsar designation	251
326	Commonwealth must seek agreement before designation	251
Subdivision C—Notice of designation of wetland	251
327	Minister must give notice of designation of wetland etc.	251
Subdivision D—Plans for listed wetlands in Commonwealth areas	252
328	Making plans	252
329	Notice of plans	254
330	Compliance with plans	254
331	Review of plans every 5 years	254
Subdivision E—Management of wetlands in States and self‑governing Territories	254
332	Application	254
333	Co‑operating to prepare and implement plans	255
334	Commonwealth responsibilities	255
Subdivision F—Australian Ramsar management principles	256
335	Australian Ramsar management principles	256
Subdivision G—Assistance for protecting wetlands	256
336	Commonwealth assistance for protecting declared Ramsar wetlands	256
Division 3—Managing Biosphere reserves	257
337	Definition of Biosphere reserve	257
338	Planning for management of Biosphere reserves	257
339	Commonwealth activities in Biosphere reserves	257
340	Australian Biosphere reserve management principles	258
341	Commonwealth assistance for protecting Biosphere reserves	258
Division 4—Commonwealth reserves	259
Subdivision A—Simplified outline of this Division	259
342	Simplified outline of this Division	259
Subdivision B—Declaring and revoking Commonwealth reserves	260
343	Simplified outline of this Subdivision	260
344	Declaring Commonwealth reserves	260
345	Extent of Commonwealth reserve	262
346	Content of Proclamation declaring Commonwealth reserve	262
347	Assigning Commonwealth reserves and zones to IUCN categories	263
348	Australian IUCN reserve management principles	265
349	Proclamations assigning reserve or zone to wilderness area category may affect management	265
350	Revocation and alteration of Commonwealth reserves	266
351	Report before making Proclamation	267
352	What happens to Commonwealth leasehold interest when Commonwealth reserve is revoked	269
Subdivision C—Activities in Commonwealth reserves	269
353	Simplified outline of this Subdivision	269
354	Activities that may be carried on only under management plan	270
355	Limits on mining operations in Commonwealth reserves	271
356	Regulations controlling activities relating to Commonwealth reserves	272
357	Managing Commonwealth reserves while a management plan is not in operation	275
358	Restriction on disposal of Commonwealth’s interests in Commonwealth reserves	276
359	Prior usage rights relating to Commonwealth reserves continue to have effect	276
360	Activities in wilderness areas	277
Subdivision D—Complying with management plans for Commonwealth reserves	279
361	Simplified outline of this Subdivision	279
362	Commonwealth and Commonwealth agencies to comply with management plan for Commonwealth reserve	279
363	Resolving disagreement between land council and Secretary over implementation of plan	280
364	Resolving disagreement between Secretary and Board over implementation of plan	281
Subdivision E—Approving management plans for Commonwealth reserves	282
365	Simplified outline of this Subdivision	282
366	Obligation to prepare management plans for Commonwealth reserves	283
367	Content of a management plan for a Commonwealth reserve	284
368	Steps in preparing management plans for Commonwealth reserves	286
369	Resolving disagreements between Secretary and Board in planning process	289
370	Approval of management plans for Commonwealth reserves	290
371	Approved management plans are disallowable instruments	292
372	Amendment and revocation of management plans for Commonwealth reserves	292
373	Expiry of management plans for Commonwealth reserves	292
Subdivision F—Boards for Commonwealth reserves on indigenous people’s land	293
374	Simplified outline of this Subdivision	293
375	Application	293
376	Functions of a Board for a Commonwealth reserve	293
377	Minister must establish Board if land council or traditional owners agree	294
378	Altering the constitution of a Board or abolishing a Board	295
379	Appointment of Board members	296
380	Terms and conditions	297
381	Remuneration	297
382	Termination of appointments of Board members	298
383	Procedure of a Board	299
Subdivision G—Special rules for some Commonwealth reserves in the Northern Territory or Jervis Bay Territory	300
384	Simplified outline of this Subdivision	300
385	Activities in Commonwealth reserve without management plan	300
386	What are the Kakadu region and the Uluru region?	301
387	No mining operations in Kakadu National Park	301
388	Establishment and development of townships in the Kakadu region and Uluru region	302
389	Planning for townships	303
390	Special rules to protect Aboriginal interests in planning process	304
Chapter 6—Administration	307
Part 16—Application of precautionary principle in decision‑making	307
391	Minister must consider precautionary principle in making decisions	307
Part 17—Enforcement	309
Division 1—Wardens, rangers and inspectors	309
Subdivision A—Wardens and rangers	309
392	Appointment of wardens and rangers	309
393	Arrangements for certain officers or employees to exercise powers etc. of wardens or rangers	309
394	Wardens ex officio	310
395	Identity cards	310
Subdivision B—Inspectors	310
396	Appointment of inspectors	310
397	Inspectors ex officio	311
398	Arrangements for State and Territory officers to be inspectors	311
399	Identity cards	312
Subdivision C—Miscellaneous	312
400	Regulations may give wardens, rangers and inspectors extra powers, functions and duties	312
401	Impersonating authorised officers and rangers	312
402	Offences against authorised officers and rangers	313
Division 2—Boarding of vessels etc. and access to premises by consent	315
403	Boarding of vessels etc. by authorised officers	315
404	Authorised officers to produce identification	317
405	Access to premises	318
406	Powers of authorised officers	318
Division 3—Monitoring of compliance	320
407	Monitoring powers	320
408	Monitoring searches with occupier’s consent	320
409	Monitoring warrants	322
410	Details of monitoring warrant to be given to occupier etc.	323
411	Occupier entitled to be present during search	323
412	Announcement before entry	324
Division 4—Search warrants	325
413	When search warrants can be issued	325
414	Statements in warrants	326
415	Powers of magistrate	328
416	Warrants by telephone or other electronic means	328
417	The things that are authorised by a search warrant	330
418	Availability of assistance, and use of force, in executing a warrant	332
419	Details of warrant to be given to occupier etc.	333
420	Specific powers available to person executing warrant	334
421	Use of equipment to examine or process things	334
422	Use of electronic equipment at premises	335
423	Compensation for damage to electronic equipment	337
424	Copies of seized things to be provided	338
425	Occupier entitled to be present during search	339
426	Receipts for things seized under warrant	339
427	Restrictions on personal searches	339
428	When a thing is in the possession of a person	339
Division 5—Stopping and searching aircraft, vehicles or vessels	340
429	Searches of aircraft, vehicles or vessels without warrant in emergency situations	340
Division 6—Arrest and related matters	342
430	Powers of arrest	342
431	Power to conduct a frisk search of an arrested person	342
432	Power to conduct an ordinary search of an arrested person	343
433	Power to conduct search of arrested person’s premises	343
Division 7—Miscellaneous provisions about searches, entry to premises, warrants etc.	344
434	Conduct of ordinary searches and frisk searches	344
435	Announcement before entry	344
436	Offence of making false statements in warrants	344
437	Offences relating to telephone warrants	344
438	Retention of things which are seized	345
439	Magistrate may permit a thing to be retained	346
440	Law relating to legal professional privilege not affected	347
441	Other laws about search, arrest etc. not affected	347
442	Persons to assist authorised officers	348
Division 8—Power to search goods, baggage etc.	350
443	Power to search goods, baggage etc.	350
Division 9—Power to ask for names and addresses	352
444	Authorised person may ask for person’s name and address	352
Division 10—Seizure and forfeiture etc.	353
Subdivision A—Seizure of goods	353
445	Seizure of goods	353
446	Retention of goods that have been seized	353
447	Disposal of goods if there is no owner or owner cannot be located	354
448	Release of goods that have been seized	355
Subdivision B—Immediate disposal of seized items	355
449	Immediate disposal of seized items	355
Subdivision C—Court‑ordered forfeiture	356
450	Court‑ordered forfeiture	356
Subdivision D—Dealings in forfeited items	357
451	Dealings in forfeited items	357
Subdivision E—Delivery of forfeited items to the Commonwealth	357
452	Delivery of forfeited items to the Commonwealth	357
Subdivision F—Keeping of organisms that have been seized	358
453	Keeping of organisms retained under this Part	358
454	Recovery of costs of storing or keeping organisms	358
Subdivision G—Rescuing goods	359
455	Rescuing goods	359
456	Breaking or destroying goods or documents to prevent seizure etc.	359
Division 11—Powers of pursuit	360
457	Power to pursue persons etc.	360
Division 12—Environmental audits	361
458	Directed environmental audits	361
459	Appointment of auditor and carrying out of audit	362
460	Nature of directed environmental audit	362
461	Audit reports	363
462	Directed environmental audits do not affect other audit obligations	364
Division 13—Conservation orders	365
Subdivision A—Simplified outline	365
463	Simplified outline of this Division	365
Subdivision B—Making and reviewing conservation orders	365
464	Minister may make conservation orders	365
465	Duration of conservation orders	366
466	Reviews of conservation orders	367
467	Publication of conservation orders	367
468	Application for reconsideration of conservation orders or decisions on review	368
469	Reconsideration of conservation orders and decisions on review	369
Subdivision C—Complying with conservation orders	370
470	Contravening conservation orders is an offence	370
471	Minister to consider proposed actions etc.	370
472	Contents of notices of advice	371
473	Review by the Administrative Appeals Tribunal	371
474	Assistance in complying with conservation orders	371
Division 14—Injunctions	373
475	Injunctions for contravention of the Act	373
476	Injunctions for contraventions of conservation agreements	375
477	Discharge of injunctions	376
478	No undertakings as to damages	376
479	Certain considerations for granting injunctions not relevant	376
480	Powers conferred are in addition to other powers of the Court	377
Division 15—Civil penalties	378
481	Federal Court may order person to pay pecuniary penalty for contravening civil penalty provision	378
482	What is a civil penalty provision?	379
483	Contravening a civil penalty provision is not an offence	379
484	Persons involved in contravening civil penalty provision	379
485	Recovery of a pecuniary penalty	379
486	Gathering information for application for pecuniary penalty	380
Division 16—Review of administrative decisions	381
487	Extended standing for judicial review	381
488	Applications on behalf of unincorporated organisations	382
Division 17—Duty to provide accurate information	383
489	Providing false or misleading information to obtain approval or permit	383
490	Providing false or misleading information in response to a condition on an approval or permit	384
491	Providing false or misleading information to authorised officer etc.	384
492	Defence of explanation of false or misleading information	385
Division 18—Liability of executive officers for corporations	386
493	Who is an executive officer of a body corporate?	386
494	Civil penalties for executive officers of bodies corporate	386
495	Criminal liability of executive officers of bodies corporate	386
496	Did an executive officer take reasonable steps to prevent contravention?	387
Division 19—Infringement notices	389
497	Infringement notices	389
Division 20—Publicising contraventions	390
498	Minister may publicise contraventions of this Act or the regulations	390
Part 18—Remedying environmental damage	391
499	Commonwealth powers to remedy environmental damage	391
500	Liability for loss or damage caused by contravention	392
501	Other powers not affected	393
Part 19—Organisations	394
Division 1—Establishment and functions of the Threatened Species Scientific Committee	394
502	Establishment	394
503	Functions of the Committee	394
Division 2—Establishment and functions of the Biological Diversity Advisory Committee	395
504	Establishment	395
505	Functions of the Committee	396
Division 3—Members and procedures of Committees	397
506	Application	397
507	Terms and conditions	397
508	Remuneration	397
509	Termination of appointments of Committee members	398
510	Procedure of a Committee	399
Division 4—Advisory committees	401
511	Minister may establish advisory committees	401
512	Appointments	401
513	Members of advisory committees	401
514	Committee procedure	402
Part 20—Delegation	403
515	Delegation	403
Part 21—Reporting	404
516	Annual report on operation of Act	404
Chapter 7—Miscellaneous	405
Part 22—Miscellaneous	405
517	Determinations of species	405
518	Non‑compliance with time limits	405
519	Compensation for acquisition of property	406
520	Regulations	406
521	Fees and charges must not be taxes	407
522	Financial assistance etc. to be paid out of appropriated money	408
Chapter 8—Definitions	409
Part 23—Definitions	409
Division 1—Some definitions relating to particular topics	409
Subdivision A—Actions	409
523	Actions	409
524	Things that are not actions	409
Subdivision B—Areas	410
525	Commonwealth areas	410
Subdivision C—Entities	411
526	Subsidiaries of bodies corporate	411
Subdivision D—Criminal law	412
527	Convictions	412
Division 2—General list of definitions	413
528	Definitions	413

A Bill for an Act relating to the protection of the environment and the conservation of biodiversity, and for related purposes
The Parliament of Australia enacts:
Chapter 1—Preliminary
Part 1—Preliminary
  
1  Short title
		This Act may be cited as the Environment Protection and Biodiversity Conservation Act 1998.
2  Commencement
	(1)	Subject to subsection (2), 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 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.
3  Objects of Act
	(1)	The objects of this Act are:
	(a)	to provide for the protection of the environment, especially those aspects of the environment that are matters of national environmental significance; and
	(b)	to promote ecologically sustainable development through the conservation and ecologically sustainable use of natural resources; and
	(c)	to promote the conservation of biodiversity; and
	(d)	to promote a co‑operative approach to the protection and management of the environment involving governments, the community and land‑holders; and
	(e)	to assist in the co‑operative implementation of Australia’s international environmental responsibilities.
	(2)	In order to achieve its objects, the Act:
	(a)	recognises an appropriate role for the Commonwealth in relation to the environment by focussing Commonwealth involvement on matters of national environmental significance and on Commonwealth actions and Commonwealth areas; and
	(b)	strengthens intergovernmental co‑operation, and minimises duplication, through bilateral agreements; and
	(c)	provides for the intergovernmental accreditation of environmental assessment and approval processes; and
	(d)	adopts an efficient and timely Commonwealth environmental assessment and approval process that will ensure activities that are likely to have significant impacts on the environment are properly assessed; and
	(e)	enhances Australia’s capacity to ensure the conservation of its biodiversity by including provisions to:
	(i)	protect native species (and in particular prevent the extinction, and promote the recovery, of threatened species) and ensure the conservation of migratory species; and
	(ii)	establish an Australian Whale Sanctuary to ensure the conservation of whales and other cetaceans; and
	(iii)	protect ecosystems by means that include the establishment and management of reserves, the recognition and protection of ecological communities and the promotion of off‑reserve conservation measures; and
	(iv)	identify processes that threaten all levels of biodiversity and implement plans to address these processes; and
	(f)	includes provisions to enhance the protection, conservation and presentation of world heritage properties and the conservation and wise use of Ramsar wetlands of international importance; and
	(g)	promotes a partnership approach to environmental protection and biodiversity conservation through bilateral agreements with States and Territories, conservation agreements with land‑holders and the involvement of the community in management planning.
4  Act to bind Crown
	(1)	This Act binds the Crown in each of its capacities.
	(2)	This Act does not make the Crown liable to be prosecuted for an offence. However, the Crown must not do anything that would be an offence against this Act if done by anyone else.
5  Application of Act
Extension to external Territories
	(1)	This Act extends to each external Territory.
Limited extraterritorial application
	(2)	This Act applies to acts, omissions, matters and things in the Australian jurisdiction, and does not apply to acts, omissions, matters and things outside the Australian jurisdiction except so far as the contrary intention appears.
Application limited to Australians outside exclusive economic zone
	(3)	A provision of this Act that has effect in relation to a place that is outside the outer limits of the exclusive economic zone and is not on or in the continental shelf applies only in relation to:
	(a)	Australian citizens; and
	(b)	persons who:
	(i)	are not Australian citizens; and
	(ii)	hold permanent visas under the Migration Act 1958; and
	(iii)	are domiciled in Australia or an external Territory; and
	(c)	corporations incorporated in Australia or an external Territory; and
	(d)	the Commonwealth; and
	(e)	Commonwealth agencies; and
	(f)	Australian aircraft; and
	(g)	Australian vessels; and
	(h)	members of crews of Australian aircraft and Australian vessels (including persons in charge of aircraft or vessels).
Application to everyone in Australia and exclusive economic zone
	(4)	A provision of this Act that has effect in relation to a place that is within the outer limits of the exclusive economic zone (whether the place is in the zone or in Australia or an external Territory) or that is on or in the continental shelf applies in relation to:
	(a)	all persons (including persons who are not Australian citizens); and
	(b)	all aircraft (including aircraft that are not Australian aircraft); and
	(c)	all vessels (including vessels that are not Australian vessels).
Note:	A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory (as appropriate). See section 15B of the Acts Interpretation Act 1901.
Definitions
	(5)	In this Act:
Australian aircraft means:
	(a)	an aircraft that is owned, possessed or controlled by:
	(i)	the Commonwealth or a Commonwealth agency; or
	(ii)	a State, a self‑governing Territory or an agency of a State or self‑governing Territory; or
	(b)	an aircraft that is registered in Australia.
Australian jurisdiction means the land, waters, seabed and airspace in, under or above:
	(a)	Australia; or
	(b)	an external Territory; or
	(c)	the exclusive economic zone; or
	(d)	the continental shelf.
Note:	A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory (as appropriate). See section 15B of the Acts Interpretation Act 1901.
Australian vessel means:
	(a)	a vessel that is owned, possessed or controlled by:
	(i)	the Commonwealth or a Commonwealth agency; or
	(ii)	a State, a self‑governing Territory or an agency of a State or self‑governing Territory; or
	(b)	a vessel that is registered in Australia; or
	(c)	a vessel that is flying the Australian flag.
6  Act to have effect subject to Australia’s international obligations
		This Act has effect subject to Australia’s obligations under any agreement between Australia and one or more other countries.
7  Application of the Criminal Code
		Chapter 2 of the Criminal Code applies to all offences against this Act.
8  Native title rights not affected
		To avoid doubt, nothing in this Act affects the operation of section 211 of the Native Title Act 1993 in relation to a provision of this Act.
Note:	Section 211 of the Native Title Act 1993 provides that holders of native title rights covering certain activities do not need authorisation required by other laws to engage in those activities.
9  Relationship with other Acts
Airports Act 1996 not affected
	(1)	This Act does not affect the operation of the Airports Act 1996.
Antarctic Treaty (Environment Protection) Act 1980 not affected
	(2)	To avoid doubt, nothing in this Act affects the operation of subsection 7(1) of the Antarctic Treaty (Environment Protection) Act 1980 or regulations made for the purposes of that subsection.
Australian Heritage Commission Act 1975 does not apply
	(3)	The making of a decision, or the giving of an approval, under this Act is not an action for the purposes of section 30 of the Australian Heritage Commission Act 1975.
10  Relationship with State law
		This Act is not intended to exclude or limit the concurrent operation of any law of a State or Territory, except so far as the contrary intention appears.

Chapter 2—Protecting the environment
Part 2—Simplified outline of this Chapter
  
11  Simplified outline of this Chapter
		The following is a simplified outline of this Chapter:
This Chapter provides a basis for the Minister to decide whether an action that has, will have or is likely to have a significant impact on certain aspects of the environment should proceed.
It does so by prohibiting a person from taking an action without the Minister having given approval or decided that approval is not needed. (Part 9 deals with the giving of approval.)
Approval is not needed to take an action if any of the following declare that the action does not need approval:
	(a)	a bilateral agreement between the Commonwealth and the State or Territory in which the action is taken;
	(b)	a declaration by the Minister;
	(c)	a conservation agreement.
Also, an action does not need approval if it is taken in accordance with Regional Forest Agreements or a plan for managing the Great Barrier Reef.

Part 3—Requirements for environmental approvals
Division 1—Requirements relating to matters of national environmental significance
Subdivision A—World Heritage
12  Requirement for approval of activities with a significant impact on a declared World Heritage property
	(1)	A person must not take an action that:
	(a)	has or will have a significant impact on the world heritage values of a declared World Heritage property; or
	(b)	is likely to have a significant impact on the world heritage values of a declared World Heritage property.
Civil penalty:
	(a)	for an individual—5,000 penalty units;
	(b)	for a body corporate—50,000 penalty units.
	(2)	Subsection (1) does not apply to an action if:
	(a)	an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or
	(b)	Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or
	(c)	there is in force a decision of the Minister under Division 2 of Part 7 that:
	(i)	the action is not a controlled action; or
	(ii)	the action is a controlled action but this section is not a controlling provision for the action; or
	(d)	the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process), or the giving of an authorisation (however described) of such an action.
	(3)	A property has world heritage values only if it contains natural heritage or cultural heritage. The world heritage values of the property are the natural heritage and cultural heritage contained in the property.
	(4)	In this Act:
cultural heritage has the meaning given by the World Heritage Convention.
natural heritage has the meaning given by the World Heritage Convention.
13  What is a declared World Heritage property?
Properties on World Heritage List
	(1)	A property included in the World Heritage List is a declared World Heritage property as long as the property is included in the List.
Properties not yet on World Heritage list
	(2)	A property specified in a declaration made under section 14 (with any amendments made under section 15) is a declared World Heritage property for the period for which the declaration is in force.
14  Declaring a property to be a declared World Heritage property
Making declarations
	(1)	The Minister may declare a specified property to be a declared World Heritage property by notice in the Gazette if:
	(a)	the property is a property submitted by the Commonwealth to the World Heritage Committee under Article 11 of the World Heritage Convention as suitable for inclusion in the World Heritage List; or
	(b)	the Minister is satisfied that:
	(i)	the property has, or is likely to have, world heritage values; and
	(ii)	some or all of the world heritage values of the property are under threat.
Note 1:	The Minister may make more than one declaration relating to the same property. See subsection 33(1) of the Acts Interpretation Act 1901.
Note 2:	The Minister may make an extra declaration to cover property that is an extension of a property previously submitted to the World Heritage Committee.
Consulting State or Territory before making declaration
	(2)	Before the Minister makes a declaration relating to property wholly or partly within a State or self‑governing Territory, the Minister must inform the appropriate Minister of the State or Territory of the proposal to make the declaration, and give him or her a reasonable opportunity to comment on the proposal.
Consultation not required if threat is imminent
	(3)	However, the Minister need not comply with subsection (2) if:
	(a)	he or she proposes to make a declaration in the circumstances described in paragraph (1)(b); and
	(b)	he or she is satisfied that the threat mentioned in subparagraph (1)(b)(ii) is imminent.
Failure to comply with subsection (2)
	(4)	The validity of a declaration is not affected by a failure to comply with subsection (2) in relation to the making of the declaration.
When a declaration is in force
	(5)	A declaration:
	(a)	comes into force when it is published in the Gazette; and
	(b)	remains in force (whether amended under section 15 or not) until the earliest of the following events:
	(i)	the end of the period specified in the declaration as the period for which the declaration is in force;
	(ii)	the revocation of the declaration;
	(iii)	if the declaration specifies a property submitted to the World Heritage Committee for inclusion in the World Heritage List—the Committee either includes the property in the List or decides the property should not be included in the List.
Specified period for which declaration is in force
	(6)	The Minister must specify in a declaration the period for which it is to be in force. The period must not be longer than the period the Minister believes:
	(a)	the World Heritage Committee needs to decide whether or not to include the property in the World Heritage List, in the case of a declaration specifying a property that has been submitted to the Committee for inclusion in the List; or
	(b)	the Commonwealth needs to decide whether the property has world heritage values and to submit the property to the World Heritage Committee for inclusion in the World Heritage List, in the case of a declaration specifying a property not yet submitted to the Committee for inclusion in the List.
15  Amending or revoking a declaration of a declared World Heritage property
Revoking declarations specifying nominated property
	(1)	The Minister must, by notice in the Gazette, revoke a declaration made under section 14 specifying a property that has been submitted to the World Heritage Committee for inclusion in the World Heritage List if the Commonwealth decides to withdraw the submission of the property for inclusion in the List.
Amending declarations specifying nominated property
	(2)	The Minister must, by notice in the Gazette, amend a declaration made under section 14 specifying a property that has been submitted to the World Heritage Committee for inclusion in the World Heritage List so as to remove from the specification any part of the property that the Commonwealth decides to withdraw from the submission.
Revoking declarations specifying property not yet nominated
	(3)	The Minister must, by notice in the Gazette, revoke a declaration made under section 14 specifying a property that is not submitted to the World Heritage Committee for inclusion in the World Heritage List if:
	(a)	the Minister is satisfied that the property does not have world heritage values; or
	(b)	the Commonwealth decides not to submit the property to the Committee for inclusion in the List; or
	(c)	the Minister is satisfied that none of the world heritage values of the property are under threat.
Subdivision B—Wetlands of international importance
16  Requirement for approval of activities with a significant impact on a declared Ramsar wetland
	(1)	A person must not take an action that:
	(a)	has or will have a significant impact on the ecological character of a declared Ramsar wetland; or
	(b)	is likely to have a significant impact on the ecological character of a declared Ramsar wetland.
Civil penalty:
	(a)	for an individual—5,000 penalty units;
	(b)	for a body corporate—50,000 penalty units.
	(2)	Subsection (1) does not apply to an action if:
	(a)	an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or
	(b)	Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or
	(c)	there is in force a decision of the Minister under Division 2 of Part 7 that:
	(i)	the action is not a controlled action; or
	(ii)	the action is a controlled action but this section is not a controlling provision for the action; or
	(d)	the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process), or the giving of an authorisation (however described) of such an action.
	(3)	In this Act:
ecological character has the same meaning as in the Ramsar Convention.
17  What is a declared Ramsar wetland?
Areas designated for listing
	(1)	A wetland, or part of a wetland, designated by the Commonwealth under Article 2 of the Ramsar Convention for inclusion in the List of Wetlands of International Importance kept under that Article is a declared Ramsar wetland as long as the wetland or part is not:
	(a)	excluded by the Commonwealth from the boundaries of a wetland in the List under that Article; or
	(b)	deleted by the Commonwealth from the List under that Article.
Areas declared by the Minister
	(2)	A wetland, or part of a wetland, is also a declared Ramsar wetland for the period for which a declaration of the wetland as a declared Ramsar wetland is in force.
Threatened wetlands of international importance
	(3)	The Minister may declare a specified wetland to be a declared Ramsar wetland by notice in the Gazette if the Minister is satisfied that:
	(a)	the wetland is of international significance or is likely to be of international significance because of its ecology, botany, zoology, limnology or hydrology; and
	(b)	the ecological character of some or all of the wetland is under threat.
Note:	The Minister may make more than one declaration of the same wetland under this section. See subsection 33(1) of the Acts Interpretation Act 1901.
When a declaration is in force
	(4)	A declaration comes into force on the day it is published in the Gazette and remains in force for the period specified in the declaration, unless it is revoked earlier.
Specifying period for which declaration is in force
	(5)	The Minister must specify in a declaration the period for which it is to be in force. The period must not be longer than the period the Minister believes the Commonwealth needs to:
	(a)	decide whether the wetland is of international significance in terms of ecology, botany, zoology, limnology or hydrology; and
	(b)	designate the wetland for inclusion in the List of Wetlands of International Importance kept under Article 2 of the Ramsar Convention.
Revocation of declaration of threatened wetland
	(6)	The Minister must, by notice in the Gazette, revoke a declaration of a wetland if:
	(a)	the Minister is satisfied that the wetland is not of international significance because of its ecology, botany, zoology, limnology or hydrology; or
	(b)	the Minister is satisfied that there is no longer a threat to any part of the wetland.
Subdivision C—Listed threatened species and communities
18  Actions with significant impact on listed threatened species or endangered community prohibited without approval
Species that are extinct in the wild
	(1)	A person must not take an action that:
	(a)	has or will have a significant impact on a listed threatened species included in the extinct in the wild category; or
	(b)	is likely to have a significant impact on a listed threatened species included in the extinct in the wild category.
Civil penalty:
	(a)	for an individual—5,000 penalty units;
	(b)	for a body corporate—50,000 penalty units.
Critically endangered species
	(2)	A person must not take an action that:
	(a)	has or will have a significant impact on a listed threatened species included in the critically endangered category; or
	(b)	is likely to have a significant impact on a listed threatened species included in the critically endangered category.
Civil penalty:
	(a)	for an individual—5,000 penalty units;
	(b)	for a body corporate—50,000 penalty units.
Endangered species
	(3)	A person must not take an action that:
	(a)	has or will have a significant impact on a listed threatened species included in the endangered category; or
	(b)	is likely to have a significant impact on a listed threatened species included in the endangered category.
Civil penalty:
	(a)	for an individual—5,000 penalty units;
	(b)	for a body corporate—50,000 penalty units.
Vulnerable species
	(4)	A person must not take an action that:
	(a)	has or will have a significant impact on a listed threatened species included in the vulnerable category; or
	(b)	is likely to have a significant impact on a listed threatened species included in the vulnerable category.
Civil penalty:
	(a)	for an individual—5,000 penalty units;
	(b)	for a body corporate—50,000 penalty units.
Critically endangered communities
	(5)	A person must not take an action that:
	(a)	has or will have a significant impact on a listed threatened ecological community included in the critically endangered category; or
	(b)	is likely to have a significant impact on a listed threatened ecological community included in the critically endangered category.
Civil penalty:
	(a)	for an individual—5,000 penalty units;
	(b)	for a body corporate—50,000 penalty units.
Endangered communities
	(6)	A person must not take an action that:
	(a)	has or will have a significant impact on a listed threatened ecological community included in the endangered category; or
	(b)	is likely to have a significant impact on a listed threatened ecological community included in the endangered category.
Civil penalty:
	(a)	for an individual—5,000 penalty units;
	(b)	for a body corporate—50,000 penalty units.
19  Certain actions relating to listed threatened species and listed threatened ecological communities not prohibited
	(1)	A subsection of section 18 relating to a listed threatened species does not apply to an action if an approval of the taking of the action by the person is in operation under Part 9 for the purposes of any subsection of that section that relates to a listed threatened species.
	(2)	A subsection of section 18 relating to a listed threatened ecological community does not apply to an action if an approval of the taking of the action by the person is in operation under Part 9 for the purposes of either subsection of that section that relates to a listed threatened ecological community.
	(3)	A subsection of section 18 does not apply to an action if:
	(a)	Part 4 lets the person take the action without an approval under Part 9 for the purposes of the subsection; or
	(b)	there is in force a decision of the Minister under Division 2 of Part 7 that:
	(i)	the action is not a controlled action; or
	(ii)	the action is a controlled action but the subsection is not a controlling provision for the action; or
	(c)	the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process), or the giving of an authorisation (however described) of such an action.
Subdivision D—Listed migratory species
20  Requirement for approval of activities with a significant impact on a listed migratory species
	(1)	A person must not take an action that:
	(a)	has or will have a significant impact on a listed migratory species; or
	(b)	is likely to have a significant impact on a listed migratory species.
Civil penalty:
	(a)	for an individual—5,000 penalty units;
	(b)	for a body corporate—50,000 penalty units.
	(2)	Subsection (1) does not apply to an action if:
	(a)	an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or
	(b)	Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or
	(c)	there is in force a decision of the Minister under Division 2 of Part 7 that:
	(i)	the action is not a controlled action; or
	(ii)	the action is a controlled action but this section is not a controlling provision for the action; or
	(d)	the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process), or the giving of an authorisation (however described) of such an action.
Subdivision E—Protection of the environment from nuclear actions
21  Requirement for approval of nuclear actions
	(1)	A constitutional corporation, the Commonwealth or Commonwealth agency must not take a nuclear action that has, will have or is likely to have a significant impact on the environment.
Civil penalty:
	(a)	for an individual—5,000 penalty units;
	(b)	for a body corporate—50,000 penalty units.
	(2)	A person must not, for the purposes of trade or commerce:
	(a)	between Australia and another country; or
	(b)	between 2 States; or
	(c)	between a State and a Territory; or
	(d)	between 2 Territories;
take a nuclear action that has, will have or is likely to have a significant impact on the environment.
Civil penalty:
	(a)	for an individual—5,000 penalty units;
	(b)	for a body corporate—50,000 penalty units.
	(3)	A person must not take in a Territory a nuclear action that has, will have or is likely to have a significant impact on the environment.
Civil penalty:
	(a)	for an individual—5,000 penalty units;
	(b)	for a body corporate—50,000 penalty units.
	(4)	Subsections (1), (2) and (3) do not apply to an action if:
	(a)	an approval of the taking of the action by the constitutional corporation, Commonwealth agency, Commonwealth or person is in operation under Part 9 for the purposes of this section; or
	(b)	Part 4 lets the constitutional corporation, Commonwealth agency, Commonwealth or person take the action without an approval under Part 9 for the purposes of this section; or
	(c)	there is in force a decision of the Minister under Division 2 of Part 7 that:
	(i)	the action is not a controlled action; or
	(ii)	the action is a controlled action but this section is not a controlling provision for the action; or
	(d)	the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process), or the giving of an authorisation (however described) of such an action.
22  What is a nuclear action?
	(1)	In this Act:
nuclear action means any of the following:
	(a)	establishing or significantly modifying a nuclear installation or a facility for storing spent nuclear fuel;
	(b)	transporting spent nuclear fuel or radioactive waste products arising from reprocessing;
	(c)	establishing or significantly modifying a facility for storing radioactive waste products arising from reprocessing;
	(d)	mining or milling uranium ore;
	(e)	establishing or significantly modifying a large‑scale disposal facility for radioactive waste;
	(f)	de‑commissioning or rehabilitating any facility or area in which an activity described in paragraph (a), (b), (c), (d) or (e) has been undertaken;
	(g)	any other action prescribed by the regulations.
nuclear installation means any of the following:
	(a)	a nuclear fuel fabrication plant;
	(b)	a nuclear reactor (including critical and subcritical assemblies);
	(c)	a research reactor;
	(d)	a nuclear power plant;
	(e)	a nuclear fuel storage facility;
	(f)	an enrichment plant;
	(g)	a reprocessing facility.
nuclear reactor means a device in which a fission chain reaction can be initiated, maintained and controlled.
radioactive waste means radioactive material for which no further use is foreseen.
reprocessing means a process or operation to extract radioactive isotopes from spent nuclear fuel for further use.
spent nuclear fuel means nuclear fuel that has been irradiated in a nuclear reactor core and permanently removed from the core.
	(2)	In this Act:
large‑scale disposal facility for radioactive waste means, if regulations are made for the purposes of this definition, a facility prescribed by the regulations.
Subdivision F—Marine environment
23  Requirement for approval of activities involving the marine environment
Actions in Commonwealth marine areas affecting the environment
	(1)	A person must not take in a Commonwealth marine area an action that has, will have or is likely to have a significant impact on the environment.
Civil penalty:
	(a)	for an individual—5,000 penalty units;
	(b)	for a body corporate—50,000 penalty units.
Actions outside Commonwealth marine areas affecting those areas
	(2)	A person must not take outside a Commonwealth marine area but in the Australian jurisdiction an action that:
	(a)	has or will have a significant impact on the environment in a Commonwealth marine area; or
	(b)	is likely to have a significant impact on the environment in a Commonwealth marine area.
Civil penalty:
	(a)	for an individual—5,000 penalty units;
	(b)	for a body corporate—50,000 penalty units.
Fishing in State or Territory waters managed by Commonwealth
	(3)	A person must not take in the coastal waters (as defined in the Fisheries Management Act 1991) of a State or the Northern Territory an action:
	(a)	that:
	(i)	is fishing (as defined in the Fisheries Management Act 1991); and
	(ii)	is included in the class of activities forming a fishery (as defined in that Act) that is managed under the law of the Commonwealth as a result of an agreement made under section 71 or 72 of that Act before the commencement of this section; and
	(b)	that:
	(i)	has or will have a significant impact on the environment in those coastal waters; or
	(ii)	is likely to have a significant impact on the environment in those coastal waters.
Civil penalty:
	(a)	for an individual—5,000 penalty units;
	(b)	for a body corporate—50,000 penalty units.
Exceptions to prohibitions
	(4)	Subsection (1), (2) or (3) does not apply to an action if:
	(a)	an approval of the taking of the action by the person is in operation under Part 9 for the purposes of the subsection; or
	(b)	Part 4 lets the person take the action without an approval under Part 9 for the purposes of the subsection; or
	(c)	there is in force a decision of the Minister under Division 2 of Part 7 that:
	(i)	the action is not a controlled action; or
	(ii)	the action is a controlled action but the subsection is not a controlling provision for the action; or
	(d)	the person taking the action is the Commonwealth or a Commonwealth agency; or
	(e)	the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process), or the giving of an authorisation (however described) of such an action.
Note:	Section 28 regulates actions by the Commonwealth or a Commonwealth agency with a significant impact on the environment.
Exception—fishing in Commonwealth waters managed by State
	(5)	Subsection (1) does not apply to an action if the action:
	(a)	is fishing (as defined the Fisheries Management Act 1991); and
	(b)	is included in the class of activities forming a fishery (as defined in that Act) that is managed under the law of a State or the Northern Territory as a result of an agreement made under section 71 or 72 of that Act before the commencement of this section; and
	(c)	is permitted under a law of the State or Territory.
24  What is a Commonwealth marine area?
		Each of the following is a Commonwealth marine area:
	(a)	any waters of the sea inside the seaward boundary of the exclusive economic zone, except:
	(i)	waters, rights in respect of which have been vested in a State by section 4 of the Coastal Waters (State Title) Act 1980 or in the Northern Territory by section 4 of the Coastal Waters (Northern Territory Title) Act 1980; and
	(ii)	waters within the limits of a State or the Northern Territory;
	(b)	the seabed under waters covered by paragraph (a);
	(c)	airspace over waters covered by paragraph (a);
	(d)	any waters over the continental shelf, except:
	(i)	waters, rights in respect of which have been vested in a State by section 4 of the Coastal Waters (State Title) Act 1980 or in the Northern Territory by section 4 of the Coastal Waters (Northern Territory Title) Act 1980; and
	(ii)	waters within the limits of a State or the Northern Territory; and
	(iii)	waters covered by paragraph (a);
	(e)	any seabed under waters covered by paragraph (d);
	(f)	any airspace over waters covered by paragraph (d).
Subdivision G—Additional matters of national environmental significance
25  Requirement for approval of prescribed actions
	(1)	A person must not take an action that is prescribed by the regulations for the purposes of this subsection.
Civil penalty:
	(a)	for an individual—5,000 penalty units;
	(b)	for a body corporate—50,000 penalty units.
	(2)	Subsection (1) does not apply to an action if:
	(a)	an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or
	(b)	Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or
	(c)	there is in force a decision of the Minister under Division 2 of Part 7 that:
	(i)	the action is not a controlled action; or
	(ii)	the action is a controlled action but this section is not a controlling provision for the action; or
	(d)	the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process), or the giving of an authorisation (however described) of such an action.
	(3)	Before the Governor‑General makes regulations prescribing an action for the purposes of subsection (1), the Minister must be satisfied that:
	(a)	all the States, the Australian Capital Territory and the Northern Territory have been given a reasonable opportunity to comment on the proposal to prescribe:
	(i)	the action for the purposes of subsection (1); and
	(ii)	the things that are matter protected by this section (for the purposes of section 34) in relation to the action; and
	(b)	the proposed regulations are not inconsistent with Australia’s obligations under an agreement with one or more other countries.
	(4)	The regulations may prescribe different things as matter protected by this section in relation to different actions prescribed for the purposes of subsection (1).
	(5)	This section applies only to actions:
	(a)	taken in a Territory or a place acquired by the Commonwealth for public purposes (within the meaning of section 52 of the Constitution); or
	(b)	taken in a Commonwealth marine area; or
	(c)	taken for the purpose of trade or commerce:
	(i)	between Australia and another country; or
	(ii)	between 2 States; or
	(iii)	between a State and a Territory; or
	(iv)	between 2 Territories; or
	(d)	taken by a constitutional corporation; or
	(e)	whose regulation is appropriate and adapted to give effect to Australia’s obligation under an agreement with one or more other countries.

Division 2—Protection of the environment from proposals involving the Commonwealth
Subdivision A—Protection of environment from actions involving Commonwealth land
26  Requirement for approval of activities involving Commonwealth land
Actions on Commonwealth land
	(1)	A person must not take on Commonwealth land an action that has, will have or is likely to have a significant impact on the environment.
Civil penalty:
	(a)	for an individual—1,000 penalty units;
	(b)	for a body corporate—10,000 penalty units.
Actions outside Commonwealth land affecting that land
	(2)	A person must not take outside Commonwealth land an action that:
	(a)	has or will have a significant impact on the environment on Commonwealth land; or
	(b)	is likely to have a significant impact on the environment on Commonwealth land.
Civil penalty:
	(a)	for an individual—1,000 penalty units;
	(b)	for a body corporate—10,000 penalty units.
Exceptions to prohibitions
	(3)	Subsection (1) or (2) does not apply to an action if:
	(a)	an approval of the taking of the action by the person is in operation under Part 9 for the purposes of the subsection; or
	(b)	Part 4 lets the person take the action without an approval under Part 9 for the purposes of the subsection; or
	(c)	the action is one declared by the Minister in writing to be an action to which the subsection does not apply; or
	(d)	there is in force a decision of the Minister under Division 2 of Part 7 that:
	(i)	the action is not a controlled action; or
	(ii)	the action is a controlled action but the subsection is not a controlling provision for the action; or
	(e)	the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process), or the giving of an authorisation (however described) of such an action; or
	(f)	the person taking the action is the Commonwealth or a Commonwealth agency.
Note:	Section 28 regulates actions by the Commonwealth or a Commonwealth agency with a significant impact on the environment.
Declarations of actions
	(4)	The Minister may make a written declaration that an action is an action to which subsection (1) or subsection (2) does not apply, but only if he or she is satisfied that it is necessary in the interests of:
	(a)	Australia’s defence or security; or
	(b)	preventing, mitigating or dealing with a national emergency.
27  What is Commonwealth land?
		Commonwealth land is so much of a Commonwealth area as is not a Commonwealth marine area.
Subdivision B—Protection of the environment from Commonwealth activities and decisions
28  Requirement for approval of activities of Commonwealth agencies significantly affecting the environment
	(1)	The Commonwealth or a Commonwealth agency must not take inside or outside the Australian jurisdiction an action that has, will have or is likely to have a significant impact on the environment inside or outside the Australian jurisdiction.
Civil penalty:
	(a)	for a Commonwealth agency that is an individual—1,000 penalty units;
	(b)	for a Commonwealth agency that is a body corporate—10,000 penalty units.
Note:	This does not apply to decisions to authorise activities. See Subdivision A of Division 1 of Part 23.
	(2)	Subsection (1) does not apply to an action if:
	(a)	an approval of the taking of the action by the Commonwealth or Commonwealth agency is in operation under Part 9 for the purposes of this section; or
	(b)	Part 4 lets the Commonwealth or Commonwealth agency take the action without an approval under Part 9 for the purposes of this section; or
	(c)	the action is one declared by the Minister in writing to be an action to which this section does not apply; or
	(d)	there is in force a decision of the Minister under Division 2 of Part 7 that:
	(i)	the action is not a controlled action; or
	(ii)	the action is a controlled action but this section is not a controlling provision for the action; or
	(e)	the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process), or the giving of an authorisation (however described) of such an action.
	(3)	The Minister may make a written declaration that actions are actions to which this section does not apply, but only if he or she is satisfied that it is necessary in the interests of:
	(a)	Australia’s defence or security; or
	(b)	preventing, mitigating or dealing with a national emergency.
	(4)	The Minister may make a written declaration that all actions, or a specified class of actions, taken by a specified Commonwealth agency are actions to which this section does not apply.
	(5)	The Minister may make a declaration under subsection (4) relating to a Commonwealth agency’s actions only if he or she is satisfied that, in taking the actions to which the declaration relates, the agency must comply with the law of a State or Territory dealing with environmental protection.

Part 4—Cases in which environmental approvals are not needed
Division 1—Actions covered by bilateral agreements
29  Actions declared by agreement not to need approval
	(1)	A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if:
	(a)	the action is taken in a State or self‑governing Territory; and
	(b)	the action is one of a class of actions declared by a bilateral agreement between the Commonwealth and the State or Territory not to require approval under Part 9 for the purposes of the provision; and
	(c)	the provision of the bilateral agreement making the declaration is in operation in relation to the action.
Note 1:	Section 46 deals with bilateral agreements making declarations described in paragraph (1)(b).
Note 2:	Division 3 of Part 5 explains how the operation of a bilateral agreement may be ended or suspended. Also, under section 49, bilateral agreements do not operate in relation to actions in Commonwealth areas, or actions taken by the Commonwealth or a Commonwealth agency, unless they expressly provide that they do.
	(2)	If the action is to be taken in 2 or more States or self‑governing Territories, this section does not operate unless it operates in relation to each of those States or Territories.
30  Extended operation in State and Northern Territory waters
	(1)	Section 29 applies to an action taken on, over or under the seabed vested in a State by section 4 of the Coastal Waters (State Title) Act 1980 in the same way that it applies to an action taken in the State.
	(2)	Section 29 applies to an action taken on, over or under the seabed vested in the Northern Territory by section 4 of the Coastal Waters (Northern Territory Title) Act 1980 in the same way that it applies to an action taken in the Territory.
	(3)	Section 29 applies to an action taken in a Commonwealth marine area to which a law of a State or self‑governing Territory is applied by a Commonwealth law or by an agreement or arrangement under a Commonwealth law (other than this Act) in the same way as it applies to an action in the State or Territory, if the provision of the bilateral agreement has effect in relation to the area.
Note:	A provision of a bilateral agreement only has effect in relation to a Commonwealth area if the agreement expressly provides that it does. See section 49.
31  Extended operation in non‑self‑governing Territories
		A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if:
	(a)	the action is taken in a Territory (the action Territory) that is not a self‑governing Territory; and
	(b)	an Act providing for the government of the action Territory provides that some or all of the law of a State or self‑governing Territory is in force in the action Territory as a law of the Territory; and
	(c)	the action is one of a class of actions declared by a bilateral agreement between the Commonwealth and the State or self‑governing Territory not to require approval under Part 9 for the purposes of the provision of Part 3; and
	(d)	the bilateral agreement specifies that the provision of the agreement making the declaration has effect in relation to actions in the action Territory; and
	(e)	the provision of the bilateral agreement making the declaration is in operation in relation to the action.
Note:	Division 3 of Part 5 explains how the operation of a bilateral agreement may be ended or suspended.

Division 2—Actions covered by Ministerial declarations
32  Actions declared by Minister not to need approval
		A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if:
	(a)	the action is one of a class of actions declared by the Minister under section 33 not to require approval under Part 9 for the purposes of the provision; and
	(b)	the declaration is in operation when the action is taken.
33  Making declaration
Declarations
	(1)	The Minister may declare in writing that actions in a class of actions identified wholly or partly by reference to the fact that their taking has been approved by the Commonwealth or a specified Commonwealth agency in a specified manner do not require approval under Part 9 for the purposes of a specified provision of Part 3.
Note:	Section 35 provides for revocation of declarations.
Prerequisite to making declaration
	(2)	The Minister may make a declaration relating to a provision of Part 3 only if he or she is satisfied that the Commonwealth or Commonwealth agency specified as approving the taking of actions in a specified class will, in deciding whether or not to approve an action in the class, consider the impacts the action:
	(a)	has or will have; or
	(b)	is likely to have;
on the matter protected by the provision.
Specified manner of approval
	(3)	A declaration may specify a manner of approving the taking of actions by reference to another instrument (whether or not it exists when the declaration is made), including:
	(a)	a law of the Commonwealth that meets the standards (if any) prescribed by the regulations; and
	(b)	an instrument (including a management plan or agreement) that is made under a law of the Commonwealth and that meets the standards (if any) prescribed by the regulations; and
	(c)	a policy, plan or program that the Minister has endorsed under an agreement made under Part 10 (which deals with strategic assessment).
This does not limit the ways in which a declaration may specify a manner of approving the taking of an action or a manner of taking an action.
Strategic assessments
	(4)	The Minister may declare a class of actions approved in accordance with a policy, plan or program endorsed under an agreement made under Part 10 not to require approval under Part 9 for the purposes of a provision of Part 3 only if he or she is satisfied that the report under the agreement adequately addresses the impacts all the actions in the class:
	(a)	have or will have; or
	(b)	are likely to have;
on the matter protected by the provision.
34  What is matter protected by a provision of Part 3?
		The matter protected by a provision of Part 3 specified in column 2 of an item of the following table is the thing specified in column 3 of the item.

Matter protected by provisions of Part 3	
Item	Provision	Matter protected	
1		section 12	the world heritage values of a declared World Heritage property	
2		section 16	the ecological character of a declared Ramsar wetland	
3		subsection 18(1)	a listed threatened species in the extinct in the wild category	
4		subsection 18(2)	a listed threatened species in the critically endangered category	
5		subsection 18(3)	a listed threatened species in the endangered category	
6		subsection 18(4)	a listed threatened species in the vulnerable category	
7		subsection 18(5)	a listed threatened ecological community in the critically endangered category	
8		subsection 18(6)	a listed threatened ecological community in the endangered category	
9		section 20	a listed migratory species	
10		section 21	the environment	
11		subsection 23(1)	the environment	
12		subsection 23(2)	the environment in a Commonwealth marine area	
13		subsection 23(3)	the environment in the coastal waters (as defined in the Fisheries Management Act 1991) in which the action is taken of the State or Territory	
14		section 25	a thing prescribed by the regulations for the purposes of this item in relation to an action to which section 25 applies	
15		subsection 26(1)	the environment	
16		subsection 26(2)	the environment on Commonwealth land	
17		section 28	the environment	
35  Revoking declarations
Revoking declarations
	(1)	The Minister may, by written instrument, revoke a declaration made under section 33.
Revocation does not affect some actions
	(2)	If:
	(a)	before the revocation of a declaration made under section 33, an action could be taken without approval under Part 9 because its taking had been approved by the Commonwealth or a Commonwealth agency in a particular manner as specified in the declaration; and
	(b)	the declaration is revoked;
this Act continues to operate in relation to the action as if the declaration had not been revoked.
36  Other rules about declarations
Minister must not give preference
	(1)	In making or revoking a declaration under section 33 or 35 relating to an action taken:
	(a)	by a person for the purposes of trade between Australia and another country or between 2 States; or
	(b)	by a constitutional corporation;
the Minister must not give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.
Publishing declarations
	(2)	The Minister must publish a declaration made under section 33, or an instrument under section 35 revoking a declaration, in accordance with the regulations.

Division 3—Actions covered by conservation agreements
37  Actions specified as not needing approval
		A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if:
	(a)	the action is specified in a conservation agreement as not requiring approval under Part 9 for the purposes of that provision; and
	(b)	the agreement is in operation when the action is taken; and
	(c)	the person is:
	(i)	a party to the agreement; or
	(ii)	a successor to all or part of a usage right that a party to the agreement had in relation to an area that was subject to the agreement.

Division 4—Forestry operations in certain regions
Subdivision A—Regions covered by regional forest agreements
38  Approval not needed for forestry operations permitted by regional forest agreements
	(1)	A person may undertake RFA forestry operations without approval under Part 9 for the purposes of a provision of Part 3 if they are undertaken in accordance with a regional forest agreement.
Note:	This section does not apply to some forestry operations. See section 42.
	(2)	In this Act:
regional forest agreement has the same meaning as in the Regional Forest Agreements Act 1998.
RFA forestry operations has the same meaning as in the Regional Forest Agreements Act 1998.
Subdivision B—Regions subject to a process of negotiating a regional forest agreement
39  Object of this Subdivision
		The purpose of this Subdivision is to ensure that an approval under Part 9 is not required for forestry operations in a region for which a process (involving the conduct of a comprehensive regional assessment, assessment under the Environment Protection (Impact of Proposals) Act 1974 and protection of the environment through agreements between the Commonwealth and the relevant State and conditions on licences for the export of wood chips) of developing and negotiating a regional forest agreement is being, or has been, carried on.
40  Forestry operations in regions not yet covered by regional forest agreements
	(1)	A person may undertake forestry operations in an RFA region in a State or Territory without approval under Part 9 for the purposes of a provision of Part 3 if there is not a regional forest agreement in force for any of the region.
Note 1:	This section does not apply to some forestry operations. See section 42.
Note 2:	The process of making a regional forest agreement is subject to assessment under the Environment Protection (Impact of Proposals) Act 1974, as continued by the Environmental Reform (Consequential Provisions) Act 1998.
	(2)	In this Act:
forestry operations has the same meaning as in the Regional Forest Agreements Act 1998.
	(3)	Subsection (1) does not operate in relation to an RFA region that is the subject of a declaration in force under this section.
	(4)	The Minister may declare in writing that subsection (1) does not apply to an RFA region.
	(5)	A declaration is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
	(6)	The Minister must not make a declaration that has the effect of giving preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State, in relation to the taking of the action:
	(a)	by a person for the purposes of trade or commerce between Australia and another country or between 2 States; or
	(b)	by a constitutional corporation.
41  What is an RFA region?
Regions that are RFA regions
	(1)	Each of the following is an RFA region:
	(a)	the area of forest called the Eden Management Area in the report entitled “Towards an Eden Regional Forest Agreement”, published by the Commonwealth and New South Wales and dated May 1998;
	(b)	the area delineated as the Lower North East Region in Attachment 3 to the Scoping Agreement for New South Wales Regional Forest Agreements, made by the Commonwealth and New South Wales and dated January 1996;
	(c)	the area delineated as the Upper North East Region in Attachment 3 to the Scoping Agreement for New South Wales Regional Forest Agreements, made by the Commonwealth and New South Wales and dated January 1996;
	(d)	the area delineated as the Southern Region in Attachment 3 to the Scoping Agreement for New South Wales Regional Forest Agreements, made by the Commonwealth and New South Wales and dated January 1996;
	(e)	the area delineated as the Gippsland Region in the map of that region dated 11 March 1998 and published by the Forest Information Section of the Victorian Department of Natural Resources and Environment;
	(f)	the area delineated as the North East RFA Region in the map of that region dated 11 March 1998 and published by the Forest Information Section of the Victorian Department of Natural Resources and Environment;
	(g)	the area of Victoria within the boundary formed by:
	(i)	the road between Frances and Natimuk; and
	(ii)	the Wimmera Highway between Natimuk and Rupanyup; and
	(iii)	the road between Stawell and Warracknabeal; and
	(iv)	the Western Highway to Ararat;
	(v)	the Pyrenees Highway; and
	(vi)	the southern boundaries of the areas known as the Bendigo and Midlands Forest Management Areas; and
	(vii)	the Hume Freeway between Avenel and the northern edge of the Melbourne metropolitan area;
		excluding the metropolitan areas of Melbourne and Geelong and built‑up areas of major rural cities or towns;
	(h)	the area delineated as the South‑East Region in Attachment 3 to the Scoping Agreement for Queensland Regional Forest Agreements, made by the Commonwealth and Queensland and dated January 1997;
	(i)	the area shown as the South‑West Region in Map 1 of the report “Towards a Regional Forest Agreement for the South‑West Forest Region of Western Australia”, published by the Joint Commonwealth and Western Australia RFA Steering Committee.
Regulations may amend list of regions
	(2)	The regulations may amend subsection (3).
Prerequisites for prescribing RFA regions
	(3)	Before the Governor‑General makes regulations amending subsection (1), the Minister must be satisfied that the proposed regulations, in conjunction with this Subdivision, will not give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.
Subdivision C—Limits on application
42  This Division does not apply to some forestry operations
		Subdivisions A and B do not apply to forestry operations:
	(a)	in a property included in the World Heritage List; or
	(b)	in a wetland included in the List of Wetlands of International Importance kept under the Ramsar Convention; or
	(c)	that are incidental to another action whose primary purpose does not relate to forestry.

Division 5—Actions in the Great Barrier Reef Marine Park
43  Actions taken in accordance with permission
		A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if:
	(a)	the action is taken in the Great Barrier Reef Marine Park established by the Great Barrier Reef Marine Park Act 1975; and
	(b)	the person is authorised to take the action in the place where he or she takes it, by any of the following instruments made or issued under that Act (including instruments made or issued under an instrument (including regulations) made or issued under that Act):
	(i)	a zoning plan;
	(ii)	a plan of management;
	(iii)	a permission;
	(iv)	an authority;
	(v)	an approval;
	(vi)	a permit.

Chapter 3—Bilateral agreements
Part 5—Bilateral agreements
Division 1—Object of Part
44  Object of this Part
		The object of this Part is to provide for agreements between the Commonwealth and a State or self‑governing Territory that:
	(a)	protect the environment; and
	(b)	promote the conservation and ecologically sustainable use of natural resources; and
	(c)	ensure an efficient, timely and effective process for environmental assessment and approval of actions; and
	(d)	minimise duplication in the environmental assessment and approval process through Commonwealth accreditation of the processes of the State or Territory (and vice versa).

Division 2—Making bilateral agreements
Subdivision A—Power to make bilateral agreements
45  Minister may make agreement
Making bilateral agreement
	(1)	On behalf of the Commonwealth, the Minister may enter into a bilateral agreement.
Note 1:	A bilateral agreement can detail the level of Commonwealth accreditation of State practices, procedures, processes, systems, management plans and other approaches to environmental protection.
Note 2:	Subdivision B sets out some prerequisites for entering into bilateral agreements.
What is a bilateral agreement?
	(2)	A bilateral agreement is a written agreement between the Commonwealth with a State or a self‑governing Territory that:
	(a)	provides for one or more of the following:
	(i)	protecting the environment;
	(ii)	promoting the conservation and ecologically sustainable use of natural resources;
	(iii)	ensuring an efficient, timely and effective process for environmental assessment and approval of actions;
	(iv)	minimising duplication in the environmental assessment and approval process through Commonwealth accreditation of the processes of the State or Territory (or vice versa); and
	(b)	is expressed to be a bilateral agreement.
Publishing bilateral agreements
	(3)	As soon as practicable after entering into a bilateral agreement, the Minister must publish it in accordance with the regulations.
46  Agreement may declare actions do not need approval under Part 9
Declaration of actions not needing approval
	(1)	A bilateral agreement may declare that actions in a class of actions specified in the agreement wholly or partly by reference to the fact that:
	(a)	their taking has been approved by the State or self‑governing Territory that is party to the agreement, or a specified agency of the State or Territory, in a specified manner; or
	(b)	their taking has been approved by the Commonwealth or a Commonwealth agency in a specified manner; or
	(c)	they are taken in a specified manner;
do not require approval under Part 9 for the purposes of a specified provision of Part 3.
Note:	A declaration identifying actions in the way described in paragraph (1)(a) or (c) can accredit practices, procedures, systems or management plans of the State or self‑governing Territory.
Specified class of actions
	(2)	The Minister may enter into a bilateral agreement declaring that actions approved in a specified manner do not require approval under Part 9 for the purposes of a provision of Part 3 only if he or she is satisfied that each person approving an action in that manner will, in deciding whether to approve the action, adequately consider the impacts that the action:
	(a)	has or will have; or
	(b)	is likely to have;
on the matter protected by the provision.
Specified manner of approval
	(3)	A bilateral agreement between the Commonwealth and a State or Territory may specify a manner of approving the taking of an action, or a manner of taking an action, by reference to:
	(a)	an instrument that exists when the agreement is made, including:
	(i)	a law of the State or Territory; or
	(ii)	an instrument (including a management plan or agreement) that is made under a law of the State or Territory; or
	(b)	an instrument made by agreement between the Commonwealth and the State under the bilateral agreement; or
	(c)	a policy, plan or program that the Minister has endorsed under an agreement made under Part 10 (about strategic assessment).
This does not limit the ways in which a bilateral agreement may specify a manner of approving the taking of an action or of taking an action.
Strategic assessments
	(4)	The Minister may enter into a bilateral agreement that declares actions approved in accordance with a policy, plan or program endorsed under an agreement made under Part 10 do not require approval under Part 9 for the purposes of a provision of Part 3 only if he or she is satisfied that the report under the agreement adequately addresses the impacts the actions:
	(a)	have or will have; or
	(b)	are likely to have;
on the matter protected by the provision.
Actions taken in a specified manner
	(5)	The Minister may enter into a bilateral agreement declaring that actions taken in a specified manner do not require approval under Part 9 for the purposes of a specified provision of Part 3 only if he or she is satisfied that taking an action in that manner will reduce to acceptable levels the impacts the action:
	(a)	has or will have; or
	(b)	is likely to have;
on the matter protected by the provision.
47  Agreement may declare classes of actions do not need assessment
Declaration of actions that do not need further assessment
	(1)	A bilateral agreement may declare that actions in a class of actions identified wholly or partly by reference to the fact that they have been assessed in a specified manner need not be assessed under Part 8.
Note:	A declaration described in subsection (1) can accredit practices, procedures, systems of the State or self‑governing Territory for environmental assessment.
Prerequisite to declaration
	(2)	The Minister may enter into a bilateral agreement declaring that actions assessed in a specified manner need not be assessed under Part 8 only if he or she is satisfied that assessment of an action in the specified manner will include assessment of the impacts the action:
	(a)	has or will have; or
	(b)	is likely to have;
on each matter protected by a provision of Part 3.
Assessment approaches that may be accredited
	(3)	The manner of assessment of actions that may be specified in a bilateral agreement between the Commonwealth and a State or Territory for the purposes of subsection (1) includes:
	(a)	assessment by any person under a law of the State or Territory; and
	(b)	assessment by any person under an agreement or other instrument made under a law of the State or Territory; and
	(c)	assessment by any person in accordance with criteria specified in an instrument agreed by the parties to the bilateral agreement.
This does not limit subsection (1).
Report on actions that do not need further assessment
	(4)	If a bilateral agreement has (or could have) the effect that an action need not be assessed under Part 8 but the action must still be approved under Part 9, the agreement must provide for the Minister to receive a report including, or accompanied by, enough information about the relevant impacts of the action to let the Minister make an informed decision whether or not to approve under Part 9 (for the purposes of each controlling provision) the taking of the action.
48  Other provisions of bilateral agreements
	(1)	A bilateral agreement may include:
	(a)	provisions for State accreditation of Commonwealth processes and decisions; and
	(b)	other provisions for achieving the object of this Part; and
	(c)	provisions for the provision of information by one party to the agreement to the other party; and
	(d)	provisions for the publication of information relating to the agreement; and
	(e)	provisions relating to the operation of the whole agreement or particular provisions of the agreement, such as:
	(i)	provisions for the commencement of all or part of the agreement; or
	(ii)	provisions for auditing, monitoring and reporting on the operation and effectiveness of all or part of the agreement; or
	(iii)	provisions for review of all or part of the agreement; or
	(iv)	provisions for rescission of all or part of the agreement; or
	(v)	provisions for expiry of the agreement; and
	(f)	provisions varying or revoking another bilateral agreement between the same parties; and
	(g)	a provision dealing with a matter that another section of this Act permits a bilateral agreement to deal with.
Consistency with Act and regulations
	(2)	A provision of a bilateral agreement has no effect for the purposes of this Act to the extent that it is inconsistent with this Act or the regulations. A provision of a bilateral agreement is not inconsistent with this Act or the regulations if it is possible to comply with both the provision on the one hand and the Act or regulations on the other hand.
Relationship with sections 46 and 47
	(3)	Subsection (1) does not limit sections 46 and 47.
49  Express provision needed to affect Commonwealth areas or actions
		A provision of a bilateral agreement does not have any effect in relation to an action in a Commonwealth area or an action by the Commonwealth or a Commonwealth agency, unless the agreement expressly provides otherwise.
Subdivision B—Prerequisites for making bilateral agreements
50  Minister may only enter into agreement if prescribed criteria are met
		The Minister may enter into a bilateral agreement only if the Minister is satisfied that the agreement:
	(a)	accords with the objects of this Act; and
	(b)	meets the requirements (if any) prescribed by the regulations.
51  Agreements relating to declared World Heritage properties
		The Minister may enter into a bilateral agreement containing a provision relating to a declared World Heritage property only if:
	(a)	the Minister is satisfied that the provision is not inconsistent with Australia’s obligations under the World Heritage Convention; and
	(b)	the Minister is satisfied that the agreement will promote the management of the property in accordance with the Australian World Heritage management principles (if any); and
	(c)	the provision meets the requirements (if any) prescribed by the regulations.
52  Agreements relating to declared Ramsar wetlands
		The Minister may enter into a bilateral agreement containing a provision relating to a declared Ramsar wetland only if:
	(a)	the Minister is satisfied that the provision is not inconsistent with Australia’s obligations under the Ramsar Convention; and
	(b)	the Minister is satisfied that the agreement will promote the management of the wetland in accordance with the Australian Ramsar management principles (if any); and
	(c)	the provision meets the requirements (if any) prescribed by the regulations.
53  Agreements relating to listed threatened species and ecological communities
		The Minister may enter into a bilateral agreement containing a provision relating to a listed threatened species or a listed threatened ecological community only if:
	(a)	the Minister is satisfied that the provision is not inconsistent with Australia’s obligations under:
	(i)	the Biodiversity Convention; or
	(ii)	the Apia Convention; or
	(iii)	CITES; and
	(b)	the Minister is satisfied that the agreement will promote the survival and/or enhance the conservation status of each species or community to which the provision relates; and
	(c)	the Minister is satisfied that the provision is not inconsistent with any recovery plan for the species or community or a threat abatement plan; and
	(d)	the provision meets the requirements (if any) prescribed by the regulations.
54  Agreements relating to migratory species
		The Minister may enter into a bilateral agreement containing a provision relating to a listed migratory species only if:
	(a)	the Minister is satisfied that the provision is not inconsistent with the Commonwealth’s obligations under whichever of the following conventions or agreements because of which the species is listed:
	(i)	the Bonn Convention;
	(ii)	CAMBA;
	(iii)	JAMBA;
	(iv)	an international agreement approved under subsection 209(4); and
	(b)	the Minister is satisfied that the agreement will promote the survival and/or enhance the conservation status of each species to which the provision relates; and
	(c)	the provision meets the requirements (if any) prescribed by the regulations.
55  Agreements relating to nuclear actions
		The Minister must not enter into a bilateral agreement containing a provision that:
	(a)	relates to a nuclear action; and
	(b)	has the effect of giving preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State, in relation to the taking of a nuclear action:
	(i)	by a person for the purposes of trade or commerce between Australia and another country or between 2 States; or
	(ii)	by a constitutional corporation.
56  Agreements relating to prescribed actions
	(1)	The Minister must not enter into a bilateral agreement containing a provision that:
	(a)	relates to an action prescribed for the purposes of subsection 25(1); and
	(b)	has the effect of giving preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State, in relation to the taking of the action:
	(i)	by a person for the purposes of trade or commerce between Australia and another country or between 2 States; or
	(ii)	by a constitutional corporation.
	(2)	The Minister may enter into a bilateral agreement containing a provision relating to an action prescribed for the purposes of subsection 25(1) only if the Minister is satisfied that the provision is not inconsistent with Australia’s obligations under an agreement with one or more other countries.

Division 3—Suspending and ending the effect of bilateral agreements
Subdivision A—Suspension and cancellation of effect
57  Representations about suspension or cancellation
Representations
	(1)	A person may refer to the Minister a matter that the person believes involves a contravention of a bilateral agreement.
Minister must decide whether agreement has been contravened
	(2)	The Minister must:
	(a)	decide whether or not the bilateral agreement has been contravened; and
	(b)	decide what action he or she should take in relation to any contravention.
Publication of decision and reasons
	(3)	The Minister must publish in accordance with the regulations each decision he or she makes, and the reasons for it.
Minister need not decide on vexatious referrals
	(4)	Despite subsection (2), the Minister need not make a decision under that subsection if he or she is satisfied that:
	(a)	the referral was vexatious, frivolous, or not supported by sufficient information to make a decision; or
	(b)	the matter referred is the same in substance as a matter that has been referred before; or
	(c)	if the alleged contravention of the bilateral agreement were a contravention of the Act, the person referring the matter would not be entitled to apply under section 475 for an injunction in relation to the contravention.
58  Consultation before cancellation or suspension
	(1)	The Minister (the Environment Minister) must consult the appropriate Minister of a State or Territory that is party to a bilateral agreement if the Environment Minister believes that the State or Territory:
	(a)	has not complied with the agreement or will not comply with it; or
	(b)	has not given effect, or will not give effect, to the agreement in a way that:
	(i)	accords with the objects of this Act and the objects of this Part; and
	(ii)	promotes the discharge of Australia’s obligations under any agreement with one or more other countries relevant to a matter covered by the agreement.
	(2)	Subsection (1) operates whether the Environment Minister’s belief relates to a matter referred to him or her under section 57 or not.
59  Suspension or cancellation
Minister may give notice of suspension or cancellation
	(1)	If, after the consultation, the Environment Minister is not satisfied that the State or Territory:
	(a)	has complied with, and will comply with, the agreement; and
	(b)	has given effect, and will give effect, to the agreement in a way that:
	(i)	accords with the objects of this Act and the objects of this Part; and
	(ii)	promotes the discharge of Australia’s obligations under all international agreements (if any) relevant to a matter covered by the agreement;
he or she may give the appropriate Minister of the State or Territory a written notice described in subsection (2) or (3).
Example 1:	The Minister could give notice if the agreement declared that certain actions affecting the world heritage values of a declared world heritage property did not require approval under Part 9 if approved by the State, and the State approved an action that was not consistent with the protection, conservation and presentation of those values.
Example 2:	The Minister could give notice if the agreement declared that certain actions affecting the ecological character of a declared Ramsar wetland did not require approval under Part 9 if approved by the State, and the State approved an action that had a significant adverse impact on that character.
Example 3:	The Minister could give notice if the agreement declared that certain actions affecting a listed threatened species did not require approval under Part 9 if approved by the State, and the State approved an action that caused the species to become more threatened.
Notice of suspension
	(2)	A notice may state that the effect of the agreement, or specified provisions of the agreement, for the purposes of this Act or specified provisions of this Act is suspended, either generally or in relation to actions in a specified class, for a period:
	(a)	starting on a specified day at least 10 business days (in the capital city of the State or Territory) after the day on which the notice is given; and
	(b)	ending on a specified later day or on the occurrence of a specified event.
Notice of cancellation
	(3)	A notice may state that the effect of the agreement, or specified provisions of the agreement, for the purposes of this Act or specified provisions of this Act is cancelled, either generally or in relation to actions in a specified class, on a specified day at least 10 business days (in the capital city of the State or Territory) after the day on which the notice is given.
Effect suspended or cancelled in accordance with notice
	(4)	The effect of an agreement or specified provision of an agreement is suspended or cancelled for the purposes of this Act, or of a specified provision of this Act, either generally or in relation to actions in a specified class, in accordance with the notice. This subsection has effect subject to sections 61 and 62.
Reasons for giving notice
	(5)	When giving a notice, the Environment Minister must give the appropriate Minister of the State or Territory a written statement of reasons for the giving of the notice.
Publishing notice and reasons
	(6)	As soon as practicable after the suspension or cancellation occurs, the Environment Minister must publish in accordance with the regulations:
	(a)	notice of the suspension or cancellation; and
	(b)	reasons for the suspension or cancellation.
60  Emergency suspension of effect of bilateral agreement
	(1)	This section applies if the Minister is satisfied that:
	(a)	the State or Territory that is party to a bilateral agreement is not complying with it, or will not comply with it; and
	(b)	as a result of the non‑compliance, a significant impact is occurring or imminent on any matter protected by a provision of Part 3 that is relevant to an action in a class of actions to which the agreement relates.
	(2)	The Minister may suspend the effect of the agreement or specified provisions of the agreement for the purposes of this Act or specified provisions of this Act, by notice:
	(a)	given to the appropriate Minister of the State or Territory; and
	(b)	published in accordance with the regulations.
	(3)	The suspension continues:
	(a)	for the period specified in the notice; or
	(b)	until the occurrence of an event specified in the notice.
	(4)	Subsection (3) has effect subject to section 62.
61  Cancellation during suspension
	(1)	The Minister may give notice of the cancellation of the effect of a bilateral agreement even while its effect is suspended under section 59 or 60.
	(2)	The cancellation may occur even though the period of suspension has not ended.
	(3)	This section applies whether the cancellation or suspension has effect generally or in relation to actions in a specified class.
62  Revocation of notice of suspension or cancellation
	(1)	This section applies if the Minister:
	(a)	has given a notice under section 59 or 60 to suspend or cancel the effect of a bilateral agreement (either generally or in relation to actions in a specified class); and
	(b)	is later satisfied that the State or Territory that is party to the agreement will comply with the agreement and give effect to it in a way that:
	(i)	accords with the objects of this Act and the objects of this Part; and
	(ii)	promotes the discharge of Australia’s obligations under all international agreements (if any) relevant to a matter covered by the agreement.
	(2)	The Minister may revoke the notice of suspension or cancellation by another written notice:
	(a)	given to the appropriate Minister of the State or Territory; and
	(b)	published in accordance with the regulations.
However, the Environment Minister may not revoke the notice of cancellation after cancellation of the effect of the agreement occurs.
	(3)	Suspension or cancellation of the effect of the agreement does not occur if the notice of suspension or cancellation is revoked before the suspension or cancellation would otherwise occur.
	(4)	Suspension of the effect of the agreement ends when the notice of suspension is revoked.
63  Cancellation or suspension at request of other party
Minister may give notice of cancellation or suspension
	(1)	The Minister may give the appropriate Minister of a State or self‑governing Territory that is party to a bilateral agreement a notice under subsection (2) or (3) if the appropriate Minister has requested a notice under that subsection in accordance with the agreement.
Notice of suspension
	(2)	A notice may state that the effect of the agreement, or specified provisions of the agreement, for the purposes of this Act or specified provisions of this Act is suspended, either generally or in relation to actions in a specified class, for a period:
	(a)	starting on a specified day after the day on which the notice is given; and
	(b)	ending on a specified later day or on the occurrence of a specified event.
Notice of cancellation
	(3)	A notice may state that the effect of the agreement, or specified provisions of the agreement, for the purposes of this Act or specified provisions of this Act is cancelled, either generally or in relation to actions in a specified class, on a specified day after the day on which the notice is given.
Effect suspended or cancelled in accordance with notice
	(4)	The effect of an agreement or specified provision of an agreement is suspended or cancelled for the purposes of this Act, or of a specified provision of this Act, either generally or in relation to actions in a specified class, in accordance with the notice.
Publishing notice and reasons
	(5)	As soon as practicable after the suspension or cancellation occurs, the Minister must publish in accordance with the regulations:
	(a)	notice of the suspension or cancellation; and
	(b)	reasons for the suspension or cancellation.
64  Cancellation or suspension of bilateral agreement does not affect certain actions
Application
	(1)	This section explains how this Act operates in relation to an action that a person was able to take without approval under Part 9 for the purposes of a provision of Part 3 because of Division 1 of Part 4 and a provision of a bilateral agreement immediately before the cancellation or suspension of the operation of the provision of the agreement for the purposes of this Act or of any provision of this Act.
Actions approved in specified manner may be taken
	(2)	If the action was able to be taken without approval under Part 9 because its taking had already been approved in a manner specified in the agreement, this Act continues to operate in relation to the action as if the suspension or cancellation had not occurred.
Actions taken in specified manner may be continued
	(3)	If:
	(a)	the person was already taking the action when the operation of the provision of the agreement was suspended or cancelled; and
	(b)	the action was able to be taken without approval under Part 9 because the person was taking the action in the manner specified in the bilateral agreement;
this Act continues to operate in relation to the action as if the suspension or cancellation had not occurred.
Subdivision B—Expiry of bilateral agreements
65  Expiry and review of bilateral agreements
	(1)	A bilateral agreement ceases to have effect for the purposes of this Act:
	(a)	5 years after it is entered into; or
	(b)	at an earlier time when the agreement provides for it to cease to have effect for the purposes of this Act.
Note:	The parties to a bilateral agreement may also agree to revoke it.
	(2)	The Minister must:
	(a)	cause a review of the operation of a bilateral agreement to be carried out; and
	(b)	give a report of the review to the appropriate Minister of the State or Territory that is party to the agreement;
before the agreement ceases to have effect as a result of this section.
Note:	A bilateral agreement may also provide for review of its operation.
	(3)	The Minister must publish the report in accordance with the regulations.

Chapter 4—Environmental assessments and approvals
Part 6—Simplified outline of this Chapter
  
66  Simplified outline of this Chapter
		The following is a simplified outline of this Chapter:
This Chapter deals with assessment and approval of actions that Part 3 prohibits without approval (controlled actions). (It does not deal with actions that a bilateral agreement declares not to need approval.)
A person proposing to take an action, or a government body aware of the proposal, may refer the proposal to the Minister so he or she can decide:
	(a)	whether his or her approval is needed to take the action; and
	(b)	how to assess the impacts of the action to be able to make an informed decision whether or not to approve the action.
An assessment may be done using:
	(a)	a process laid down under a bilateral agreement; or
	(b)	a process specified in a declaration by the Minister; or
	(c)	a process specially accredited by the Minister; or
	(d)	preliminary documentation provided by the proponent; or
	(e)	a public environment report; or
	(f)	an environmental impact statement; or
	(g)	a public inquiry.
Once the report of the assessment is given to the Minister, he or she must decide whether or not to approve the action, and what conditions to attach to any approval.

Part 7—Deciding whether approval of actions is needed
Division 1—Referral of proposals to take action
67  What is a controlled action?
		An action that a person proposes to take is a controlled action if the taking of the action by the person without approval under Part 9 for the purposes of a provision of Part 3 would be prohibited by the provision. The provision is a controlling provision for the action.
68  Referral by person proposing to take action
	(1)	A person proposing to take an action that the person thinks may be or is a controlled action must refer the proposal to the Minister for the Minister’s decision whether or not the action is a controlled action.
	(2)	A person proposing to take an action that the person thinks is not a controlled action may refer the proposal to the Minister for the Minister’s decision whether or not the action is a controlled action.
	(3)	In a referral under this section, the person must state whether or not the person thinks the action the person proposes to take is a controlled action.
	(4)	If the person states that the person thinks the action is a controlled action, the person must identify in the statement each provision that the person thinks is a controlling provision.
69  State or Territory may refer proposal to Minister
	(1)	A State, self‑governing Territory or agency of a State or self‑governing Territory that is aware of a proposal by a person to take an action may refer the proposal to the Minister for a decision whether or not the action is a controlled action, if the State, Territory or agency has administrative responsibilities relating to the action.
	(2)	This section does not apply in relation to a proposal by a State, self‑governing Territory or agency of a State or self‑governing Territory to take an action.
Note:	Section 68 applies instead.
70  Minister may request referral of proposal
	(1)	If the Minister believes a person proposes to take an action that the Minister thinks may be or is a controlled action, the Minister may request:
	(a)	the person; or
	(b)	a State, self‑governing Territory or agency of a State or self‑governing Territory that the Minister believes has administrative responsibilities relating to the action;
to refer the proposal to the Minister within 15 business days.
Note 1:	If the person does not refer the proposal to take the action, he or she cannot get an approval under Part 9 to take the action. If taking the action without approval contravenes Part 3, an injunction could be sought to prevent or stop the action, or the person could be ordered to pay a pecuniary penalty.
Note 2:	Section 156 sets out rules about time limits.
	(2)	In making a request, the Minister must act in accordance with the regulations (if any).
71  Commonwealth agency may refer proposal to Minister
	(1)	A Commonwealth agency (except the Minister) may refer to the Minister a proposal by a person to take an action (for the Minister’s decision whether or not the action is a controlled action) if the agency:
	(a)	thinks the action may be or is a controlled action; and
	(b)	has administrative responsibilities relating to the action.
	(2)	This section does not apply in relation to a proposal by the Commonwealth or a Commonwealth agency to take an action.
Note:	Section 68 applies instead.
72  Form and content of referrals
	(1)	A referral of a proposal to take an action must be made in a way prescribed by the regulations.
	(2)	A referral of a proposal to take an action must include the information prescribed by the regulations.
73  Notifying person proposing to take action of referral
		If a proposal by a person to take an action is referred to the Minister under section 69 or 71, the Minister must inform the person of the referral.
74  Inviting provision of information on referred proposal
Inviting other Commonwealth Ministers to provide information
	(1)	As soon as practicable after receiving a referral of a proposal to take an action, the Minister (the Environment Minister) must:
	(a)	inform any other Minister whom the Environment Minister believes has administrative responsibilities relating to the proposal; and
	(b)	invite each other Minister informed to give the Environment Minister within 10 business days information that relates to the proposed action and is relevant to deciding whether or not the proposed action is a controlled action.
Inviting comments from appropriate State or Territory Minister
	(2)	As soon as practicable after receiving, from the person proposing to take an action or from a Commonwealth agency, a referral of a proposal to take an action in a State or self‑governing Territory, the Environment Minister must:
	(a)	inform the appropriate Minister of the State or Territory; and
	(b)	invite that Minister to give the Environment Minister comments within 10 business days on whether the proposed action is a controlled action;
if the Environment Minister thinks the action may have an impact on a matter protected by a provision of Division 1 of Part 3 (about matters of national environmental significance).
Note:	Subsection (2) also applies in relation to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.
Inviting person proposing to take action to give information
	(3)	As soon as practicable after receiving a referral under section 69 or 71 of a proposal by a person to take an action, the Environment Minister must invite the person to give the Environment Minister relevant information about whether the proposed action is a controlled action, within 10 business days.
Section does not apply if proponent says action is controlled action
	(4)	This section does not apply in relation to a referral of a proposal to take an action by the person proposing to take the action if the person states in the referral that the person thinks the action is a controlled action.

Division 2—Ministerial decision whether action needs approval
75  Does the proposed action need approval?
Is the action a controlled action?
	(1)	The Minister must decide:
	(a)	whether the action that is the subject of a proposal referred to the Minister is a controlled action; and
	(b)	which provisions of Part 3 (if any) are controlling provisions for the action.
Considerations in decision
	(2)	If, when the Minister makes a decision under subsection (1), it is relevant for the Minister to consider the impacts of an action:
	(a)	the Minister must consider all adverse impacts (if any) the action:
	(i)	has or will have; or
	(ii)	is likely to have;
		on the matter protected by each provision of Part 3; and
	(b)	must not consider any beneficial impacts the action:
	(i)	has or will have; or
	(ii)	is likely to have;
		on the matter protected by each provision of Part 3.
Designating a proponent of the action
	(3)	If the Minister decides that the action is a controlled action, the Minister must designate a person as proponent of the action.
Consent to designation
	(4)	The Minister may designate a person who does not propose to take the action only if:
	(a)	the person agrees to being designated; and
	(b)	the person proposing to take the action agrees to the designation.
Timing of decision and designation
	(5)	The Minister must make the decisions and designation:
	(a)	within 20 business days of the referral; or
	(b)	if the person proposing to take the action referred the proposal and stated in the referral that the person thought the action was a controlled action—within 10 business days of the referral.
Note:	Section 156 sets out rules about time limits.
Time does not run while further information being sought
	(6)	If the Minister has requested more information under section 76 for the purposes of making a decision, a day is not to be counted as a business day for the purposes of subsection (5) if it is:
	(a)	on or after the day the Minister requested the information; and
	(b)	on or before the day on which the Minister receives the last of the information requested.
Running of time may be suspended by agreement
	(7)	The Minister and the person proposing to take the action may agree in writing that days within a period worked out in accordance with the agreement are not to be counted as business days for the purposes of subsection (5). If the agreement is made, those days are not to be counted for the purposes of that subsection.
76  Minister may request more information for making decision
		If the Minister believes on reasonable grounds that the referral of a proposal to take an action does not include enough information for the Minister to decide:
	(a)	whether the action is a controlled action; or
	(b)	which provisions of Part 3 (if any) are controlling provisions for the action;
the Minister may request the person proposing to take the action to provide specified information relevant to making the decision.
77  Notice and reasons for decision
Giving notice
	(1)	Within 10 business days after deciding whether an action that is the subject of a proposal referred to the Minister is a controlled action or not, the Minister must:
	(a)	give written notice of the decision to:
	(i)	the person proposing to take the action; and
	(ii)	if the Minister has designated as proponent of the action a person who does not propose to take the action—that person; and
	(iii)	if the Minister decided that the action is a controlled action because of Division 1 of Part 3 (which deals with matters of national environmental significance)—the appropriate Minister of each State or self‑governing Territory in which the action is to be taken; and
	(b)	publish notice of the decision in accordance with the regulations.
Note 1:	Section 156 sets out rules about time limits.
Note 2:	Subparagraph (1)(a)(iii) also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.
Notice must identify any applicable controlling provisions
	(2)	If the decision is that the action is a controlled action, the notice must identify each of the controlling provisions.
Notice must identify specified manner of taking action
	(3)	If the decision is that the action is not a controlled action because the Minister believes the action will be taken in a particular manner (whether specified in a bilateral agreement or a declaration under section 33 or not), the notice must identify the manner.
Note:	The Minister may decide an action is not a controlled action because he or she believes the action will be taken in a manner that will ensure the action will not have (and is not likely to have) an adverse impact on any of the matters protected by a provision of Part 3, even if the manner is not specified in a bilateral agreement or declaration.
Reasons for decision
	(4)	The Minister must give reasons for the decision to a person who:
	(a)	has been given the notice; and
	(b)	within 28 days of being given the notice, has requested the Minister to provide reasons.
The Minister must do so as soon as practicable, and in any case within 28 days of receiving the request.
Reasons need not be given in some cases
	(5)	Subsection (4) does not apply in relation to a decision whether or not an action is a controlled action if the person proposing to take the action:
	(a)	referred the proposal to the Minister; and
	(b)	stated in the referral that the person thought the action was a controlled action.
78  Reconsideration of decision
Limited power to vary or substitute decisions
	(1)	The Minister may revoke a decision (the first decision) made under subsection 75(1) and substitute a new decision under that subsection for the first decision, but only if:
	(a)	the Minister is satisfied that the revocation and substitution is warranted by:
	(i)	the availability of substantial new information relating to the action about which the decision was made; or
	(ii)	a substantial change in circumstances that was not foreseen at the time of the first decision; or
	(b)	if the first decision was that the action was not a controlled action because the Minister believed the action would be taken in the manner identified in the notice under subsection 77(3)—the Minister is satisfied that the action is not being, or will not be, taken in the manner identified; or
	(c)	if the first decision was that the action was not a controlled action because of a provision of a bilateral agreement or declaration under section 33—the provision of the agreement or declaration no longer operates in relation to the action; or
	(d)	the Minister is requested under section 79 to reconsider the decision.
Reversing decision that action is not a controlled action
	(2)	Subject to subsection (1), the Minister may:
	(a)	revoke a decision that an action is not a controlled action and substitute a decision that the action is a controlled action; or
	(b)	revoke a decision (the earlier decision) identifying one or more provisions of Part 3 as controlling provisions for an action and substitute a decision identifying as a controlling provision a provision of Part 3 not identified by the earlier decision as a controlling provision;
despite paragraphs 12(2)(c), 16(2)(c), 19(3)(b), 20(2)(c), 21(4)(c), 23(4)(c), 25(2)(c), 26(3)(d) and 28(2)(d). This does not limit the decisions that the Minister may revoke and substitute under subsection (1).
Note:	Those paragraphs let an action be taken without approval for the purposes of a particular provision of Part 3 if the Minister has decided that the action is not a controlled action or that the action is a controlled action but the provision is not a controlling provision.
Decision not to be revoked after approval granted or refused or action taken
	(3)	The Minister must not revoke the first decision after:
	(a)	the Minister has granted or refused an approval of the taking of the action; or
	(b)	the action is taken.
General effect of change of decision
	(4)	When the first decision is revoked and a new decision is substituted for it:
	(a)	any provisions of this Chapter that applied in relation to the action because of the first decision cease to apply in relation to the action; and
	(b)	any provisions of this Chapter that are relevant because of the new decision apply in relation to the action.
Change of designation of proponent
	(5)	If the Minister believes a person (the first proponent) designated under section 75 as proponent of an action is no longer an appropriate person to be the designated proponent of the action, the Minister may revoke the designation and designate another person (the later proponent) as proponent of the action.
Consent to designation
	(6)	The Minister may designate the other person as proponent of the action only if:
	(a)	he or she consents to it and the person proposing to take the action agrees to it; or
	(b)	the other person is the person proposing to take the action.
Effect of change of designated proponent
	(7)	If the Minister revokes the designation of the first proponent and designates the later proponent:
	(a)	the provisions of this Chapter that applied to the first proponent cease to apply to the first proponent in relation to the action but apply to the later proponent; and
	(b)	for the purposes of those provisions the later proponent is taken to have done anything the first proponent did in relation to the action; and
	(c)	for the purposes of those provisions anything done in relation to the first proponent in relation to the action is taken to have been done in relation to the later proponent.
79  Reconsideration of decision on request by a State or Territory
	(1)	This section applies if:
	(a)	the Minister (the Environment Minister) makes a decision about whether a provision of Division 1 of Part 3 is a controlling provision for an action proposed to be taken in a State or self‑governing Territory; and
	(b)	the person proposing to take the action did not refer the proposal to the Minister with a statement that the person thought the action was a controlled action.
Note 1:	Division 1 of Part 3 deals with requirements for approvals for actions involving matters of national environmental significance.
Note 2:	This section also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.
	(2)	Within 5 business days of being notified of the decision, a Minister of the State or Territory may request the Environment Minister to reconsider the Environment Minister’s decisions made under subsection 75(1).
Note:	Subsection 75(1) provides for decisions about whether the action is a controlled action and what the controlling provisions for the action are.
	(3)	Within 20 business days after receiving a request to reconsider a decision, the Environment Minister must:
	(a)	reconsider the decision; and
	(b)	either confirm it or revoke it and substitute a new decision for it; and
	(c)	give written notice of the outcome of the reconsideration and reasons for the outcome to:
	(i)	the Minister who requested the reconsideration; and
	(ii)	the person proposing to take the action; and
	(iii)	the designated proponent of the action; and
	(d)	after giving notice as described in paragraph (c), publish notice of the outcome and the reasons for it in accordance with the regulations.
Note: 	Section 156 sets out rules about time limits.

Part 8—Assessing impacts of controlled actions
Division 1—Simplified outline of this Part
80  Simplified outline of this Part
		The following is a simplified outline of this Part:
This Part provides for the assessment of impacts of controlled actions, to provide information for decisions whether or not to approve the taking of the actions. However, this Part does not apply to actions that a bilateral agreement or Ministerial declaration says are to be assessed in another way.
For actions that are to be assessed under this Part, the Minister must choose one of the following methods of assessment:
	(a)	a specially accredited process;
	(b)	an assessment on preliminary documentation (see Division 4);
	(c)	a public environment report (see Division 5);
	(d)	an environmental impact statement (see Division 6);
	(e)	a public inquiry (see Division 7).

Division 2—Application of this Part
81  Application
	(1)	This Part applies to the assessment of the relevant impacts of an action that the Minister has decided under Division 2 of Part 7 is a controlled action.
	(2)	This section has effect subject to sections 83 and 84.
	(3)	This section does not limit section 82.
82  What are the relevant impacts of an action?
If the Minister has decided the action is a controlled action
	(1)	If the Minister has decided under Division 2 of Part 7 that an action is a controlled action, the relevant impacts of the action are the impacts that the action:
	(a)	has or will have; or
	(b)	is likely to have;
on the matter protected by each provision of Part 3 that the Minister has decided under that Division is a controlling provision for the action.
If the Minister has not decided whether the action is controlled
	(2)	If an action is a controlled action or would be apart from Division 1 or 2 of Part 4 (which provide that approval under Part 9 is not needed for an action covered by a bilateral agreement or declaration)—the relevant impacts of the action are impacts that the action:
	(a)	has or will have; or
	(b)	is likely to have;
on the matter protected by each provision of Part 3 that is a controlling provision for the action or would be apart from whichever of those Divisions is relevant.
Relationship between subsections (1) and (2)
	(3)	Subsection (1) has effect despite subsection (2).
83  This Part does not apply if action covered by bilateral agreement
	(1)	This Part does not apply in relation to an action if:
	(a)	the action is to be taken in a State or self‑governing Territory; and
	(b)	a bilateral agreement between the Commonwealth and the State or Territory declares that actions in a class that includes the action need not be assessed under this Part; and
	(c)	the provision of the bilateral agreement making the declaration is in operation in relation to the action.
Note 1:	Subsection (1) also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.
Note 2:	Section 47 deals with bilateral agreements making declarations described in paragraph (1)(b).
Note 3:	Division 3 of Part 5 explains how the operation of a bilateral agreement may be ended or suspended. Also, under section 49, bilateral agreements do not operate in relation to actions in Commonwealth areas, or actions taken by the Commonwealth or a Commonwealth agency, unless they expressly provide that they do.
	(2)	If the action is to be taken in 2 or more States or self‑governing Territories, this section does not operate unless it operates in relation to each of those States or Territories.
84  This Part does not apply if action covered by declaration
When this Part does not apply
	(1)	This Part does not apply in relation to an action if:
	(a)	the Minister has declared in writing that actions in a class that includes the action need not be assessed under this Part; and
	(b)	the declaration is in operation.
Declaration
	(2)	The Minister may declare in writing that actions in a specified class of actions assessed by the Commonwealth or a Commonwealth agency in a specified manner do not require assessment under this Part.
Prerequisites for making declaration
	(3)	The Minister may only make a declaration if he or she is satisfied that:
	(a)	the specified manner of assessment meets the standards (if any) prescribed by the regulations; and
	(b)	he or she will receive a report of each assessment that is made, in the specified manner, of the relevant impacts of an action he or she has decided under Division 2 of Part 7 is a controlled action; and
	(c)	the report will contain enough information to allow him or her to make an informed decision whether or not to approve under Part 9 (for the purposes of each controlling provision) the taking of the action.
Specified manner of assessment
	(4)	The manner of assessment that may be specified in a declaration includes assessment by a Commonwealth agency under a law of the Commonwealth. This does not limit subsection (2).
Publishing declaration
	(5)	The Minister must publish a declaration in accordance with the regulations.
Revoking declaration
	(6)	The Minister may, by instrument in writing published in accordance with the regulations, revoke a declaration.
Minister must not give preference
	(7)	In making or revoking a declaration relating to an action taken:
	(a)	by a person for the purposes of trade between Australia and another country or between 2 States; or
	(b)	by a constitutional corporation;
the Minister must not give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.

Division 3—Decision on assessment approach
Subdivision A—Simplified outline of this Division
85  Simplified outline of this Division
		The following is a simplified outline of this Division:
The Minister must choose one of the following ways of assessing the relevant impacts of an action the Minister has decided is a controlled action:
	(a)	a specially accredited process;
	(b)	an assessment on preliminary documentation;
	(c)	a public environment report;
	(d)	an environmental impact statement;
	(e)	a public inquiry.
Subdivision B—Deciding on approach for assessment
86  Designated proponent must provide preliminary information for assessment
		The designated proponent of an action, or a person proposing to take an action, must give the Minister in the prescribed way the prescribed information relating to the action.
Note:	The Minister must not decide on an approach for assessment until he or she receives information under this section. See subsection 88(1).
87  Minister must decide on approach for assessment
Minister must choose one assessment approach
	(1)	The Minister must decide which one of the following approaches must be used for assessment of the relevant impacts of the action:
	(a)	assessment by a specially accredited process;
	(b)	assessment on preliminary documentation under Division 4;
	(c)	assessment by public environment report under Division 5;
	(d)	assessment by environmental impact statement under Division 6;
	(e)	assessment by inquiry under Division 7.
Minister must consult before making decision
	(2)	If:
	(a)	the action is to be taken in a State or self‑governing Territory and
	(b)	a controlling provision for the action is in Division 1 of Part 3 (about matters of national environmental significance);
the Minister must invite the appropriate Minister of the State or Territory to provide information relevant to deciding which approach is appropriate, before deciding on the approach to be used for assessment of the relevant impacts of the action.
Note:	Subsection (2) also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.
Considerations in making choice
	(3)	In making the decision, the Minister must consider:
	(a)	information relating to the action given to the Minister in the referral of the proposal to take the action or under section 86; and
	(b)	any other information available to the Minister about the relevant impacts of the action that the Minister considers relevant (including information in a report on the impacts of actions under a policy, plan or program under which the action is to be taken that was given to the Minister under an agreement under Part 10 (about strategic assessments)); and
	(c)	any relevant information received in response to an invitation under subsection (2); and
	(d)	the matters (if any) prescribed by the regulations.
Assessment by specially accredited process
	(4)	The Minister may decide on an assessment by a specially accredited process only if the Minister is satisfied that:
	(a)	the process meets the standards (if any) prescribed by the regulations; and
	(b)	the process will adequately assess the relevant impacts of the action; and
	(c)	he or she will receive a report of the outcome of the process that will provide enough information on the relevant impacts of the action to let him or her make an informed decision whether or not to approve under Part 9 (for the purposes of each controlling provision) the taking of the action.
Assessment on preliminary documentation
	(5)	The Minister may decide on an assessment on preliminary documentation under Division 4 only if the Minister is satisfied (after considering the matters in subsection (3)) that that approach will allow the Minister to make an informed decision whether or not to approve under Part 9 (for the purposes of each controlling provision) the taking of the action.
88  Timing of decision on assessment approach
Initial decision
	(1)	The Minister must decide on the approach to be used for assessment of the relevant impacts of the action within 20 business days after whichever of the following days is later (or either of them if they are the same):
	(a)	the day the Minister decides under Division 2 of Part 7 that the action is a controlled action;
	(b)	the day the Minister is given information relating to the action as required by section 86.
Note: 	Section 156 sets out rules about time limits.
Extended time if difference of opinion with State or Territory
	(2)	However, subsection (1) has effect as if it referred to 30 business days (instead of 20 business days) if the Minister believes that information provided in response to an invitation under subsection 87(2) cannot be considered adequately to make the decision in the time allowed by subsection (1) apart from this subsection.
Subsection (2) does not require decision to be delayed
	(3)	To avoid doubt, subsection (2) does not require the Minister to delay making a decision:
	(a)	until information is received in response to an invitation under subsection 87(2); or
	(b)	until 20 business days after the Minister is given information relating to the action under section 86.
Time does not run while further information sought
	(4)	If the Minister has requested more information under section 89 for the purposes of deciding on the approach to be used for the relevant impacts of the action, a day is not to be counted as a business day for the purposes of subsection (1) if it is:
	(a)	on or after the day the Minister requested the information; and
	(b)	on or before the day on which the Minister receives the last of the information requested.
Running of time may be suspended by agreement
	(5)	The Minister and the designated proponent of the action may agree in writing that days within a period worked out in accordance with the agreement are not to be counted as business days for the purposes of subsection (1). If the agreement is made, those days are not to be counted for the purposes of that subsection.
89  Minister may request more information for making decision
		If the Minister believes on reasonable grounds that the information given to the Minister in relation to an action is not enough to allow the Minister to make an informed decision on the approach to be used for assessment of the relevant impacts of the action, the Minister may request the designated proponent to provide specified information relevant to making the decision.
90  Directing an inquiry after trying another approach
Application
	(1)	This section applies if:
	(a)	the Minister has made a decision (the first decision) under section 87 that the relevant impacts of an action must be assessed by:
	(i)	assessment by public environment report under Division 5; or
	(ii)	assessment by environmental impact statement under Division 6; and
	(b)	the designated proponent publishes:
	(i)	a draft report under section 98 (about public environment reports); or
	(ii)	a draft statement under section 103 (about environmental impact statements).
Revoking and substituting decision
	(2)	The Minister may revoke the first decision and make another decision (the new decision) under section 87 (in substitution for the first decision) that the relevant impacts of the action must be assessed by an inquiry under Division 7.
Effect of revocation and substitution
	(3)	When the first decision is revoked and the new decision is substituted for it:
	(a)	whichever of Divisions 4, 5 and 6 applied in relation to the action because of the first decision ceases to apply in relation to the action; and
	(b)	Division 7 applies in relation to the action.
91  Notice of decision on assessment approach
	(1)	Within 10 business days after making a decision on the approach to be used for assessment of the relevant impacts of an action, the Minister must:
	(a)	give written notice of the decision to:
	(i)	the designated proponent of the action; and
	(ii)	if the action is to be taken in a State or self‑governing Territory and a controlling provision for the action is in Division 1 of Part 3 (which deals with matters of national environmental significance)—the appropriate Minister of the State or Territory; and
	(b)	publish notice of the decision in accordance with the regulations.
Note 1:	Section 156 sets out rules about time limits.
Note 2:	Subparagraph (1)(a)(ii) also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.
	(2)	If the Minister decided that the relevant impacts of the action are to be assessed by a specially accredited process, the written notice and the published notice must specify the process.

Division 4—Assessment on preliminary documentation
92  Application
		This Division applies in relation to an action if the Minister has decided under section 87 that the relevant impacts of the action must be assessed by assessment on preliminary documentation under this Division.
93  Public comment on information included in referral
	(1)	If the Minister directs the designated proponent of the action to do so, the designated proponent must:
	(a)	publish in accordance with the regulations:
	(i)	specified information included in the referral to the Minister of the proposal to take the action; and
	(ii)	specified information that was given to the Minister under section 86; and
	(iii)	specified information relating to the action that was given to the Minister after the referral but before the Minister made the decision under section 87; and
	(iv)	an invitation for anyone to give the designated proponent comments relating to the information or the action within a period of the length specified in the Minister’s direction; and
	(b)	give to the Minister a copy and summary of any comments received within the period specified in the invitation.
	(2)	The Minister may only give the designated proponent a direction within 10 business days after deciding under section 87 that the relevant impacts of the action must be assessed by assessment on preliminary documentation under this Division.
94  Revised documentation
	(1)	After the period for comment, the designated proponent must give the Minister:
	(a)	a document that sets out the information provided to the Minister previously in relation to the action, with any changes or additions needed to take account of any comments received by the designated proponent; or
	(b)	if the designated proponent did not receive any comments—a written statement to that effect.
	(2)	The Minister may refuse to accept a document referred to in paragraph (1)(a) if he or she believes on reasonable grounds that it is inadequate for the purposes of making an informed decision on approving under Part 9 (for the purposes of each controlling provision) the taking of the action.
95  Assessment report
Preparation
	(1)	The Secretary must prepare, and give to the Minister, a report relating to the action within 20 business days after:
	(a)	the day on which the Minister decided under section 87 that the relevant impacts of the action must be assessed by assessment on preliminary documentation under this Division; or
	(b)	if the designated proponent was required under section 93 to invite comments on the action and has received comments—the day the Minister accepted from the designated proponent the document described in paragraph 94(1)(a); or
	(c)	if the designated proponent was required under section 93 to invite comments on the action and did not receive any comments—the day the designated proponent gave the Minister the statement to that effect under paragraph 94(1)(b).
Publication
	(2)	The Secretary must provide to a person who asks for the report a copy of it (either free or at a reasonable charge determined by the Secretary).
Limits on publication
	(3)	However, the Secretary must not provide under subsection (2) so much of the report as is an exempt document under the Freedom of Information Act 1982 on the grounds of:
	(a)	commercial confidence; or
	(b)	the security of the Commonwealth; or
	(c)	its providing advice to the Minister.

Division 5—Public environment reports
96  Application
		This Division applies in relation to an action if the Minister has decided under section 87 that the relevant impacts of the action must be assessed by a public environment report under this Division.
97  Minister must prepare guidelines for draft public environment report
	(1)	The Minister must prepare written guidelines for the content of a draft report about the relevant impacts of the action.
	(2)	In preparing the guidelines, the Minister must seek to ensure that the draft report will:
	(a)	contain enough information about the action and its relevant impacts to allow the Minister to make an informed decision whether or not to approve under Part 9 (for the purposes of each controlling provision) the taking of the action; and
	(b)	address the matters (if any) prescribed by the regulations.
	(3)	The guidelines may also provide for the draft report to include information about other certain and likely impacts of the action if:
	(a)	the action is to be taken in a State or self‑governing Territory:
	(i)	by a constitutional corporation; or
	(ii)	by any person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories; and
	(b)	the appropriate Minister of the State or Territory has asked the Minister administering this section to ensure that the draft report includes information about those other impacts to help the State or Territory, or an agency of the State or Territory, make decisions about the action.
Note:	Paragraph (3)(a) also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.
	(4)	Division 2 does not limit:
	(a)	subsection (3); or
	(b)	section 98 so far as it relates to guidelines prepared in reliance on that subsection.
	(5)	In preparing the guidelines, the Minister may:
	(a)	invite anyone to comment on a draft of the guidelines within a period specified by the Minister; and
	(b)	take account of the comments received (if any).
98  Designated proponent must invite comment on draft public environment report
Designated proponent’s obligations
	(1)	The designated proponent of the action must:
	(a)	prepare a draft report about the relevant impacts of the action (and any other impacts mentioned under subsection 97(3) in the guidelines for the content of the draft report); and
	(b)	obtain the Minister’s approval for publication of the draft report; and
	(c)	publish in accordance with the regulations:
	(i)	the draft report; and
	(ii)	an invitation for anyone to give the designated proponent comments relating to the draft report or the action within the period specified in the invitation; and
	(d)	give the Minister a copy and summary of the comments (if any) received within the period specified in the invitation.
Approval of publication of draft report
	(2)	The Minister may only approve the publication of the draft report if he or she is satisfied that the draft report adequately addresses the guidelines for the content of the draft report.
Period for comment
	(3)	The period specified in the invitation to comment must be the period specified in writing given by the Minister to the designated proponent. The Minister must not specify a period of less than 20 business days.
99  Finalising public environment report
Designated proponent must finalise report
	(1)	After the end of the period specified in the invitation to comment under section 98, the designated proponent must finalise the draft report, taking account of the comments received (if any), and give the finalised report to the Minister.
Form of finalised report
	(2)	The designated proponent may give the finalised report to the Minister in the form of:
	(a)	a revised version of the draft report; or
	(b)	the draft report and a supplement to the draft report.
Refusal to accept finalised report
	(3)	The Minister may refuse to accept the finalised report if he or she is satisfied on reasonable grounds that the finalised report is inadequate for the purposes of making an informed decision on approving under Part 9 (for the purposes of each controlling provision) the taking of the action.
Publication of finalised report
	(4)	After the Minister has accepted the finalised report, the designated proponent must publish it in accordance with the regulations.
100  Assessment report
Preparation
	(1)	The Secretary must prepare, and give to the Minister, a report relating to the action within 20 business days after the day on which the Minister accepted the finalised report from the designated proponent.
Publication
	(2)	The Secretary must provide to a person who asks for the report a copy of it (either free or at a reasonable charge determined by the Secretary).
Limits on publication
	(3)	However, the Secretary must not provide under subsection (2) so much of the report as is an exempt document under the Freedom of Information Act 1982 on the grounds of:
	(a)	commercial confidence; or
	(b)	the security of the Commonwealth; or
	(c)	its providing advice to the Minister.

Division 6—Environmental impact statements
101  Application
		This Division applies in relation to an action if the Minister has decided under section 87 that the relevant impacts of the action must be assessed by an environmental impact statement under this Division.
102  Minister must prepare guidelines for draft environmental impact statement
	(1)	The Minister must prepare written guidelines for the content of a draft statement about the action and its relevant impacts.
	(2)	In preparing the guidelines, the Minister must seek to ensure that the draft statement will:
	(a)	contain enough information about the action and its relevant impacts to allow the Minister to make an informed decision whether or not to approve under Part 9 (for the purposes of each controlling provision) the taking of the action; and
	(b)	address any matters specified by the regulations.
	(3)	The guidelines may also provide for the draft statement to include information about other certain and likely impacts of an action if:
	(a)	the action is to be taken in a State or self‑governing Territory:
	(i)	by a constitutional corporation; or
	(ii)	by any person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories; and
	(b)	the appropriate Minister of the State or Territory has asked the Minister administering this section to ensure that the draft statement includes information about those other impacts to help the State or Territory, or an agency of the State or Territory, make decisions about the action.
Note:	Paragraph (3)(a) also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.
	(4)	Division 2 does not limit:
	(a)	subsection (3); or
	(b)	section 103 so far as it relates to guidelines prepared in reliance on that subsection.
	(5)	In preparing the guidelines, the Minister may:
	(a)	invite anyone to comment on a draft of the guidelines within a period specified by the Minister; and
	(b)	take account of the comments (if any) received.
103  Designated proponent must invite comment on draft environmental impact statement
Designated proponent’s obligations
	(1)	The designated proponent of the action must:
	(a)	prepare a draft statement about the relevant impacts of the action (and any other impacts mentioned under subsection 102(3) in the guidelines for the content of the draft statement); and
	(b)	obtain the Minister’s approval for publication of the draft statement; and
	(c)	publish in accordance with the regulations:
	(i)	the draft statement; and
	(ii)	an invitation for anyone to give the designated proponent comments relating to the draft statement or the action within the period specified in the invitation; and
	(d)	give the Minister a copy and summary of the comments (if any) received within the period specified in the invitation.
Approval of publication of draft statement
	(2)	The Minister may only approve the publication of the draft statement if he or she is satisfied that the draft statement adequately addresses the guidelines for the content of the draft statement.
Period for comment
	(3)	The period specified in the invitation to comment must be the period specified in writing given by the Minister to the designated proponent. The Minister must not specify a period of less than 20 business days.
104  Finalising draft environmental impact statement
Designated proponent must finalise statement
	(1)	After the period specified in the invitation to comment under section 103, the designated proponent must:
	(a)	finalise the draft statement, taking account of the comments (if any) received in response to the invitation; and
	(b)	give the finalised statement to the Minister.
Form of finalised statement
	(2)	The designated proponent may give the finalised statement to the Minister in the form of:
	(a)	a revised version of the draft statement; or
	(b)	the draft statement and a supplement to the draft statement.
Refusal to accept finalised statement
	(3)	The Minister may refuse to accept the finalised statement if he or she is satisfied on reasonable grounds that it is inadequate for the purposes of making an informed decision on approving under Part 9 (for the purposes of each controlling provision) the taking of the action.
Publication of finalised statement
	(4)	After the Minister has accepted the finalised statement, the designated proponent must publish it in accordance with the regulations.
105  Assessment report
Preparation
	(1)	The Secretary must prepare, and give to the Minister, a report relating to the action within 30 business days after the day on which the Minister accepted from the designated proponent the finalised statement.
Publication
	(2)	The Secretary must provide to a person who asks for the report a copy of it (either free or at a reasonable charge determined by the Secretary).
Limits on publication
	(3)	However, the Secretary must not provide under subsection (2) so much of the report as is an exempt document under the Freedom of Information Act 1982 on the grounds of:
	(a)	commercial confidence; or
	(b)	the security of the Commonwealth; or
	(c)	its providing advice to the Minister.

Division 7—Inquiries
Subdivision A—Preliminary
106  Simplified outline
		The following is a simplified outline of this Division:
This Division provides for the Minister to appoint commissions to carry out inquiries in a flexible way into the impacts of actions.
Commissioners have powers to call witnesses, obtain documents and inspect places for the purposes of their inquiries.
Commissioners must report to the Minister and publish their reports.
Subdivision B—Establishment of inquiries
107  Appointing commissioners and setting terms of reference
	(1)	If the Minister decides that the relevant impacts of an action must be assessed by inquiry under this Division, the Minister must:
	(a)	appoint in writing one or more persons (the commissioners) as a commission to conduct the inquiry and report to the Minister in relation to the action; and
	(b)	specify in writing (the terms of reference):
	(i)	the matters relating to the action that are to be the subject of the inquiry and report; and
	(ii)	the period within which the commission must report to the Minister.
Note 1:	The Minister may revoke an appointment and amend terms of reference. See subsection 33(3) of the Acts Interpretation Act 1901.
Note 2:	Subdivision E contains more provisions about the basis on which a commissioner holds office.
	(2)	If the Minister appoints 2 or more commissioners for an inquiry, the Minister must appoint one of them to preside at the inquiry.
	(3)	In specifying in the terms of reference the matters relating to the action that are to be the subject of the inquiry and report, the Minister:
	(a)	must specify the relevant impacts of the action; and
	(b)	may specify other certain or likely impacts of the action.
	(4)	However, the Minister may specify other certain or likely impacts of the action only if:
	(a)	the action is to be taken in a State or self‑governing Territory:
	(i)	by a constitutional corporation; or
	(ii)	by any person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories; and
	(b)	the appropriate Minister of the State or Territory has asked the Minister administering this section to ensure that the inquiry reports on those other impacts to help the State or Territory, or an agency of the State or Territory, make decisions about the action.
Note:	Paragraph (4)(a) also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.
	(5)	The Minister may also specify in the terms of reference the manner in which the commission is to carry out the inquiry.
108  Publicising inquiry
	(1)	As soon as practicable, the commission must publish in accordance with the regulations and in any other way it thinks fit:
	(a)	the terms of reference; and
	(b)	the information relating to the action given to the Minister under this Chapter before the Minister made the decision under Division 3 to use an inquiry to assess the relevant impacts of the action.
	(2)	The commission need not publish the information described in paragraph (1)(b) if, before the Minister appointed the commission, the designated proponent of the action published:
	(a)	a draft report under section 98 (which deals with draft public environment reports); or
	(b)	a draft statement under section 103 (which deals with draft environmental impact statements).
However, in this case the commission must publish as described in subsection (1) notice of the fact that the information, draft report or draft statement has already been published.
Subdivision C—Conduct of inquiries
109  Procedure of inquiries
	(1)	A commission must comply with the terms of reference in conducting its inquiry.
	(2)	Subject to this Division, a commission:
	(a)	may determine the procedure to be followed in its inquiry; and
	(b)	is not subject to any directions by an employee of the Commonwealth or by a Commonwealth agency; and
	(c)	is not bound by the rules of evidence.
110  Inquiry to be public
	(1)	A hearing held as part of an inquiry must be conducted in public, except so far as the commission directs otherwise.
	(2)	The commission must make publicly available (in any way the commission thinks fit) the content of any submission or evidence given to the commission in writing, except so far as the commission directs otherwise.
	(3)	If the commission believes that it is desirable in the public interest, the commission may:
	(a)	give directions that all or part of the inquiry be held in private, specifying the persons who may be present; and
	(b)	give directions prohibiting or restricting the publication of all or specified passages of submissions or evidence given to the commission orally or in writing.
111  Calling witnesses
Summoning witnesses
	(1)	A commissioner may, by writing signed by the commissioner, summon a person to appear before the commission at a time and place specified in the summons to give evidence and produce any documents mentioned in the summons.
Failure of witness to attend
	(2)	A person served with a summons to appear as a witness at an inquiry by a commission must not:
	(a)	fail to attend as required by the summons; or
	(b)	fail to appear and report from day to day unless excused or released from further attendance by or on behalf of the commission.
Note:	A defendant bears an evidential burden in relation to the excuse or release from further attendance mentioned in paragraph (2)(b). See subsection 13.3(3) of the Criminal Code.
Offence
	(3)	A person who contravenes subsection (2) is guilty of an offence punishable on conviction by imprisonment for not more than 6 months, a fine of not more than 30 penalty units, or both.
Allowances for witnesses
	(4)	A person summoned by a commission to appear as a witness at an inquiry is entitled to be paid by the Commonwealth such allowances for travelling and other expenses as are prescribed by the regulations.
112  Dealing with witnesses
Power to administer oath or affirmation 
	(1)	A commissioner may administer an oath or affirmation to a person appearing as a witness before the commission.
Note:	This means that proceedings before the commission are judicial proceedings for the purposes of Part III of the Crimes Act 1914, which creates various offences relating to judicial proceedings.
Refusal to be sworn or to answer questions
	(2)	A person appearing as a witness at an inquiry by a commission must not:
	(a)	refuse or fail to be sworn or to make an affirmation; or
	(b)	refuse or fail to answer a question that the person is required to answer by the commissioner (or the commissioner presiding at the inquiry if there is more than one commissioner for the inquiry); or
	(c)	refuse or fail to produce a document that the person was required to produce by a summons served on the person.
Offence
	(3)	A person who contravenes subsection (2) is guilty of an offence punishable on conviction by imprisonment for not more than 6 months, a fine of not more than 30 penalty units, or both.
Note:	Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.
No privilege against self‑incrimination
	(4)	An individual is not excused from answering a question or producing a document on the ground that answering the question or producing the document would tend to incriminate the individual or to expose the individual to a penalty.
Answers and documents cannot be used in criminal proceedings
	(5)	However, none of the following is admissible in evidence in criminal proceedings against the individual (except proceedings under section 491):
	(a)	the answer to the question;
	(b)	the production of the document;
	(c)	any information, document or thing obtained as a direct or indirect consequence of answering the question or producing the document.
Sworn witnesses may also give written evidence on oath
	(6)	A commission may permit a person who is appearing as a witness before the commission and has been sworn or has made an affirmation to give evidence by tendering a written statement and verifying it by oath or affirmation.
113  Dealing with documents given to commission
Inspecting and copying documents produced or given at inquiry
	(1)	A commissioner, or a person assisting a commission and authorised by a commissioner to do so, may:
	(a)	inspect a document produced or given to the commission; and
	(b)	make a copy of, or take an extract from, the document.
Keeping documents produced or given at inquiry
	(2)	A commission may keep for a reasonable period a document produced or given to the commission.
114  Inspections of land, buildings and places
	(1)	If a commissioner, or a person authorised by a commissioner, enters any land, building or place by consent as described in section 115 or under a warrant issued under section 116, the commissioner or person may:
	(a)	inspect the land, building or place; and
	(b)	inspect any material on the land, or on or in the building or place.
	(2)	However, the commissioner or authorised person may not make the inspection if:
	(a)	the person occupying or in charge of the land, building or place asks the commissioner or authorised person to produce his or her identity card or other written evidence of his or her identity; and
	(b)	the commissioner or person does not produce it.
	(3)	A person (the offender) is guilty of an offence punishable on conviction by imprisonment for not more than 6 months if:
	(a)	the offender obstructs or hinders another person; and
	(b)	the offender knows the other person is a commissioner, or a person authorised by a commissioner, acting under subsection (1) or a warrant issued under section 116.
Note 1:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2:	Subsection 4B(2) of the Crimes Act 1914 lets a court that convicts an individual of an offence impose a fine instead of, or as well as, imprisonment. The maximum fine (in penalty units) the court can impose is 5 times the maximum term of imprisonment (in months).
115  Entering premises by consent
	(1)	A commissioner, or a person authorised by a commissioner, may enter land, a building or a place at any reasonable time for any reasonable purpose of an inquiry, if the person (the occupant) occupying or in charge of the land, building or place consents.
	(2)	Before obtaining the consent, the commissioner or authorised person must inform the occupant that the occupant may refuse to give consent.
	(3)	The commissioner or authorised person may not enter the land, building or place if:
	(a)	the occupant asks the commissioner or authorised person to produce his or her identity card or other written evidence of his or her identity; and
	(b)	the commissioner or authorised person does not produce it.
	(4)	An entry by a commissioner or authorised person with the occupant’s consent is not lawful if the occupant’s consent was not voluntary.
116  Entering premises under warrant
	(1)	A commissioner may apply to a magistrate for a warrant authorising the commissioner or a person authorised by the commissioner to enter any land, building or place if the commissioner has reason to believe that it is necessary or desirable for the purposes of an inquiry for the commissioner or person to enter the land, building or place for the purposes of the inquiry.
Note:	Section 117 allows applications for warrants to be made by telephone.
	(2)	If the magistrate is satisfied by information on oath or affirmation that the issue of the warrant is reasonably required for the purposes of the inquiry, he or she may grant a warrant authorising the person named in the warrant to enter the land, building or place for the purposes specified in the warrant.
	(3)	The magistrate must specify in the warrant the date after which the warrant ceases to have effect.
	(4)	The person named in a warrant may not enter the land, building or place if:
	(a)	the person occupying or in charge of the land, building or place asks the person named in the warrant to produce his or her identity card or other written evidence of his or her identity; and
	(b)	the person named in the warrant does not produce it.
117  Warrants by telephone or other electronic means
Application
	(1)	A commissioner may apply to a magistrate for a warrant by telephone, telex, facsimile or other electronic means:
	(a)	in an urgent case; or
	(b)	if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.
Voice communication
	(2)	The magistrate may require communication by voice to the extent that is practicable in the circumstances.
Information
	(3)	An application under this section must include all information required to be provided in an ordinary application for a warrant, but the application may, if necessary, be made before the information is sworn or affirmed.
Issue of warrant
	(4)	The magistrate may complete and sign the same form of warrant that would be issued under section 116 if, after considering the information and having received and considered any further information he or she required, the magistrate is satisfied that:
	(a)	a warrant in the terms of the application should be issued urgently; or
	(b)	the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.
Notification
	(5)	If the magistrate decides to issue the warrant, the magistrate must inform the applicant, by telephone, telex, facsimile or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed.
Form of warrant
	(6)	The applicant must then complete a form of warrant in terms substantially corresponding to those given by the magistrate, stating on the form the name of the magistrate and the day on which and the time at which the warrant was signed.
Completed form of warrant to be given to magistrate
	(7)	The applicant must, not later than the day after the day of expiry of the warrant or the day after the day on which the warrant was executed, whichever is the earlier, give or transmit to the magistrate:
	(a)	the form of warrant completed by the applicant; and
	(b)	if the information referred to in subsection (3) was not sworn or affirmed—that information duly sworn or affirmed.
Attachment
	(8)	The magistrate must attach to the documents provided under subsection (7) the form of warrant completed by the magistrate.
Presumption
	(9)	If:
	(a)	it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under this section was duly authorised; and
	(b)	the form of warrant signed by the magistrate is not produced in evidence;
the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.
118  Identity cards
	(1)	The Minister may cause to be issued to a commissioner or a person authorised by a commissioner an identity card:
	(a)	in a form approved by the Minister; and
	(b)	containing a recent photograph of the person to whom it is issued.
	(2)	As soon as practicable after the commission to which the commissioner was appointed has reported to the Minister on its inquiry, the commissioner or authorised person must return his or her identity card to the Minister.
	(3)	A person must not contravene subsection (2).
Penalty:	1 penalty unit.
119  Contempt
	(1)	A person is guilty of an offence punishable on conviction by a fine of not more than 30 penalty units if:
	(a)	the person insults, disturbs or uses insulting language towards another person; and
	(b)	the person knows the other person is a commissioner exercising the powers or performing the functions or duties of a commissioner.
	(2)	A person is guilty of an offence punishable on conviction by a fine of not more than 30 penalty units if:
	(a)	the person creates a disturbance, or takes part in creating or continuing a disturbance, in or near a place; and
	(b)	the person knows the place is a place where a commission is holding an inquiry.
	(3)	A person must not:
	(a)	interrupt an inquiry by a commission; or
	(b)	do any other act or thing that would, if a commission were a court of record, constitute a contempt of that court.
Penalty:	30 penalty units.
120  Protection of commissioners and witnesses
Protection of commissioners
	(1)	In performing his or her duties as a commissioner, a commissioner has the same protection and immunity as a Justice of the High Court.
Rights and obligations of witnesses
	(2)	A person appearing before a commission as a witness at an inquiry:
	(a)	has the same protection as a witness in proceedings in the High Court; and
	(b)	is subject to the same liabilities in any civil or criminal proceedings as such a witness (in addition to the penalties provided by this Division).
Interfering with witness is an offence
	(3)	A person must not:
	(a)	use violence to or inflict injury on; or
	(b)	cause or procure violence, damage, loss or disadvantage to; or
	(c)	cause or procure the punishment of;
another person (the witness) because the witness will appear or did appear as a witness at an inquiry or because of any submission or evidence the witness gave to a commission.
Interference with a witness’ employment
	(4)	An employer must not dismiss an employee, or prejudice an employee in his or her employment, because the employee appeared as a witness or gave any submission or evidence at an inquiry by a commission.
Interference with employee who proposes to give evidence
	(5)	An employer must not dismiss or threaten to dismiss an employee or prejudice, or threaten to prejudice, an employee in his or her employment, because the employee proposes to appear as a witness or to give a submission or evidence at an inquiry by a commission.
Offences
	(6)	A person who contravenes subsection (3), (4) or (5) is guilty of an offence punishable on conviction by imprisonment for not more than 6 months, a fine of not more than 30 penalty units, or both.
Note:	Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.
Burden of proof in proceedings relating to witness
	(7)	In proceedings arising out of subsection (4), the employer has the burden of proving that the employee was not dismissed or prejudiced because the employee appeared as a witness or gave a submission or evidence at an inquiry by a commission, if it is established that:
	(a)	the employee was dismissed from, or prejudiced in, his or her employment; and
	(b)	before the employee was dismissed or prejudiced, the employee appeared as a witness, or gave any submission or evidence, at an inquiry by a commission.
Burden of proof in proceedings relating to employee proposing to give evidence
	(8)	In any proceedings arising out of subsection (5), the employer has the burden of proving that the employee was not dismissed, prejudiced in his or her employment or threatened with dismissal or prejudice because the employee proposed to appear as a witness or give evidence at an inquiry by a commission, if it is established that:
	(a)	the employee was dismissed, prejudiced or threatened; and
	(b)	the employee made the proposal before the employee was dismissed, prejudiced or threatened.
Relationship of subsections (3), (4) and (5)
	(9)	Subsections (4) and (5) do not limit subsection (3).
Subdivision D—Inquiry reports
121  Timing of report
		The commission must report to the Minister on the inquiry within the period specified by the Minister in the terms of reference.
122  Publication of report
	(1)	After reporting to the Minister, the commission must publish the report in accordance with the regulations.
	(2)	However, the commission must not publish the report so far as it sets out any submission or evidence whose publication the commission prohibited or restricted by a direction under paragraph 110(3)(b).
Subdivision E—Commissioners’ terms and conditions
123  Basis of appointment
	(1)	A commissioner is to be appointed on a full‑time basis or a part‑time basis.
	(2)	A commissioner appointed on a full‑time basis must not engage in paid employment outside the duties of the commissioner’s office without the Minister’s approval.
	(3)	A commissioner appointed on a part‑time basis must not engage in any paid employment that, in the Minister’s opinion, conflicts or may conflict with the proper performance of the commissioner’s duties.
124  Remuneration
	(1)	A commissioner who is not appointed or employed under the Public Service Act 1922 is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration is in operation, the commissioner is to be paid the remuneration that is prescribed.
	(2)	A commissioner is to be paid the allowances that are prescribed.
	(3)	This section has effect subject to the Remuneration Tribunal Act 1973.
125  Leave of absence
	(1)	Subject to section 87E of the Public Service Act 1922, a commissioner appointed on a full‑time basis has the recreation leave entitlements that are determined by the Remuneration Tribunal.
	(2)	The Minister may grant a commissioner appointed on a full‑time basis leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
	(3)	The commissioner (the presiding commissioner) appointed to preside at an inquiry may grant leave of absence to any other commissioner for the inquiry on the terms and conditions that the presiding commissioner determines, if the other commissioner has been appointed on a part‑time basis.
126  Resignation
		A commissioner may resign his or her appointment by giving the Minister a written resignation.
127  Termination of appointment
	(1)	The Minister may terminate a commissioner’s appointment for misbehaviour or physical or mental incapacity.
	(2)	The Minister must terminate the appointment of a commissioner if:
	(a)	the commissioner:
	(i)	becomes bankrupt; or
	(ii)	applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
	(iii)	compounds with his or her creditors; or
	(iv)	makes an assignment of his or her remuneration for the benefit of his or her creditors; or
	(b)	the commissioner fails, without reasonable excuse, to comply with section 128 (about disclosure of interests); or
	(c)	the Minister becomes aware that the commissioner has a pecuniary or other interest in the subject‑matter of the inquiry and the Minister considers that the commissioner should not continue to participate in the conduct of the inquiry.
	(3)	The Minister must terminate the appointment of a commissioner on a full‑time basis if:
	(a)	the commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
	(b)	the commissioner engages, except with the Minister’s approval, in paid employment outside the duties of his or her office.
	(4)	The Minister must terminate the appointment of a commissioner on a part‑time basis if:
	(a)	the commissioner is absent, except on leave of absence, from 3 consecutive meetings of his or her commission (if it consists of 2 or more commissioners); or
	(b)	the commissioner engages in paid employment that, in the Minister’s opinion, conflicts or could conflict with the proper performance of the duties of his or her office.
128  Disclosure of interests
	(1)	A commissioner must give written notice to the Minister of all direct and indirect pecuniary interests that he or she has or acquires in a business or in a body corporate carrying on a business.
	(2)	If a commissioner has or acquires an interest, pecuniary or otherwise, that could conflict with the proper performance of his or her duties, he or she must:
	(a)	inform the Minister of the interest; and
	(b)	ensure that the interest is disclosed in the report of his or her inquiry.
129  Other terms and conditions
		A commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

Part 9—Approval of actions
Division 1—Decisions on approval and conditions
Subdivision A—General
130  Timing of decision on approval
Basic rule
	(1)	The Minister must decide within whichever of the following periods is relevant whether or not to approve the taking of a controlled action:
	(a)	30 business days, or such longer period as the Minister specifies in writing, starting on the first business day after the Minister receives an assessment report relating to the action;
	(b)	40 business days, or such longer period as the Minister specifies in writing, starting on the first business day after the Minister receives a report of a commission that has conducted an inquiry relating to the action.
Note: 	Section 156 sets out rules about time limits.
What is an assessment report?
	(2)	An assessment report is a report given to the Minister as described in:
	(a)	subsection 47(4) (about assessments under a bilateral agreement); or
	(b)	subsection 84(3) (about assessments in a manner specified in a declaration); or
	(c)	subsection 87(4) (about assessments by specially accredited processes); or
	(d)	subsection 95(1) (about assessments on preliminary documentation); or
	(e)	subsection 100(1) (about public environment reports); or
	(f)	subsection 105(1) (about environmental impact statements).
Time may be extended only to consider other Ministers’ comments
	(3)	The Minister may specify a longer period for the purposes of paragraph (1)(a) or (b) only if:
	(a)	the Minister has received comments about a proposed decision from another Minister in accordance with an invitation under section 131; and
	(b)	the Minister is satisfied that it would not be practicable to consider them adequately and make a decision within the period that would apply if the longer period were not specified.
Notice of extension of time
	(4)	If the Minister specifies a longer period for the purposes of paragraph (1)(a) or (b), he or she must:
	(a)	give a copy of the specification to the person proposing to take the action; and
	(b)	publish the specification in accordance with the regulations.
Time does not run while further information is sought
	(5)	If, under section 132, the Minister has requested more information for the purposes of making a decision whether or not to approve the taking of an action, a day is not to be counted as a business day for the purposes of subsection (1) if it is:
	(a)	on or after the day the Minister requested the information; and
	(b)	on or before the day on which the Minister receives the last of the information requested.
131  Inviting comments from other Ministers before decision
	(1)	Before the Minister (the Environment Minister) decides whether or not to approve the taking of an action, and what conditions (if any) to attach to an approval, he or she must:
	(a)	inform any other Minister whom the Environment Minister believes has administrative responsibilities relating to the action of the decision the Environment Minister proposes to make; and
	(b)	invite the other Minister to give the Environment Minister comments on the proposed decision within 10 business days.
	(2)	A Minister invited to comment may make comments that:
	(a)	relate to economic and social matters relating to the action; and
	(b)	may be considered by the Environment Minister consistently with the principles of ecologically sustainable development.
This does not limit the comments such a Minister may give.
132  Requesting further information for approval decision
		If the Minister believes on reasonable grounds that he or she does not have enough information to make an informed decision whether or not to approve for the purposes of a controlling provision the taking of an action, the Minister may request any of the following to provide specified information relevant to making the decision:
	(a)	the person proposing to take the action;
	(b)	the designated proponent of the action;
	(c)	if a commission has conducted an inquiry under Division 7 of Part 8 relating to the action—the commission.
133  Grant of approval
Approval
	(1)	The Minister may approve for the purposes of a controlling provision the taking of a controlled action by a person.
Content of approval
	(2)	An approval must:
	(a)	be in writing; and
	(b)	specify the action that may be taken; and
	(c)	name the person who may take the action; and
	(d)	specify each provision of Part 3 for which the approval has effect; and
	(e)	specify the period for which the approval has effect; and
	(f)	set out any conditions attached to the approval.
Notice of approval
	(3)	The Minister must:
	(a)	give a copy of the approval to the person; and
	(b)	provide a copy of the approval to a person who asks for it (either free or for a reasonable charge determined by the Minister).
Limit on publication of approval
	(4)	However, the Minister must not provide under subsection (3) a copy of so much of the approval as:
	(a)	is an exempt document under the Freedom of Information Act 1982 on the grounds of commercial confidence; or
	(b)	the Minister believes it is in the national interest not to provide.
The Minister may consider the defence or security of the Commonwealth when determining what is in the national interest. This does not limit the matters the Minister may consider.
134  Attaching conditions to approval
Generally
	(1)	The Minister may attach a condition to the approval of the action if he or she is satisfied that the condition is necessary or convenient for:
	(a)	protecting a matter protected by a provision of Part 3 for which the approval has effect; or
	(b)	repairing or mitigating damage to a matter protected by a provision of Part 3 for which the approval has effect (whether or not the damage has been, will be or is likely to be caused by the action).
Conditions to protect matters from the approved action
	(2)	The Minister may attach a condition to the approval of the action if he or she is satisfied that the condition is necessary or convenient for:
	(a)	protecting from the action any matter protected by a provision of Part 3 for which the approval has effect; or
	(b)	repairing or mitigating damage that may or will be, or has been, caused by the action to any matter protected by a provision of Part 3 for which the approval has effect.
This subsection does not limit subsection (1).
Other conditions that may be attached to approval
	(3)	The conditions that may be attached to an approval include:
	(a)	conditions relating to any security to be given by the person by bond, guarantee or cash deposit:
	(i)	to comply with this Act and the regulations; and
	(ii)	not to contravene a condition attached to the approval; and
	(iii)	to meet any liability of the person whose taking of the action is approved to the Commonwealth for measures taken by the Commonwealth under section 499 (which lets the Commonwealth repair and mitigate damage caused by a contravention of this Act) in relation to the action; and
	(b)	conditions requiring the person to insure against any specified liability of the person to the Commonwealth for measures taken by the Commonwealth under section 499 in relation to the approved action; and
	(c)	conditions requiring the person taking the action to comply with conditions specified in an instrument (including any kind of authorisation) made or granted under a law of a State or self‑governing Territory or another law of the Commonwealth; and
	(d)	conditions requiring an environmental audit of the action to be carried out periodically by a person who can be regarded as being independent from the person whose taking of the action is approved; and
	(e)	conditions requiring the preparation, submission for approval by the Minister, and implementation of a plan for managing the impacts of the approved action on a matter protected by a provision of Part 3 for which the approval has effect or of a plan for conserving habitat of a species or ecological community; and
	(f)	conditions requiring specified environmental monitoring or testing to be carried out; and
	(g)	conditions requiring compliance with a specified industry standard or code of practice.
This subsection does not limit the kinds of conditions that may be attached to an approval.
Considerations in deciding on condition
	(4)	In deciding whether to attach a condition to an approval, the Minister must consider:
	(a)	any relevant conditions that have been imposed under a law of a State or self‑governing Territory or another law of the Commonwealth on the taking of the action; and
	(b)	the desirability of ensuring as far as practicable that the condition is a cost‑effective means for the Commonwealth and the person taking the action to achieve the object of the condition.
135  Certain approvals and conditions must not give preference
	(1)	This section deals with the approval:
	(a)	for the purposes of section 21 of a nuclear action:
	(i)	by a person for the purposes of trade or commerce between Australia and another country or between 2 States; or
	(ii)	by a constitutional corporation; or
	(b)	for the purposes of section 25 of an action that is prescribed for the purposes of subsection 25(1) and is taken:
	(i)	by a person for the purposes of trade or commerce between Australia and another country or between 2 States; or
	(ii)	by a constitutional corporation.
	(2)	The Minister must not grant the approval, or attach a condition to the approval, that has the effect of giving preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.
Subdivision B—Considerations for approvals and conditions
136  General considerations
Mandatory considerations
	(1)	In deciding whether or not to approve the taking of an action, and what conditions to attach to an approval, the Minister must consider the following, so far as they are not inconsistent with any other requirement of this Subdivision:
	(a)	matters relevant to any matter protected by a provision of Part 3 that the Minister has decided is a controlling provision for the action;
	(b)	economic and social matters.
Factors to be taken into account
	(2)	In considering those matters, the Minister must take into account:
	(a)	the principles of ecologically sustainable development; and
	(b)	the assessment report relating to the action; and
	(c)	if the action was assessed under Division 5 or 6 of Part 8 (which deal with public environment reports and environmental impact statements)—the report or statement about the action finalised by the designated proponent; and
	(d)	if an inquiry was conducted under Division 7 of Part 8 in relation to the action—the report of the commissioners; and
	(e)	any other information the Minister has on the relevant impacts of the action (including information in a report on the impacts of actions taken under a policy, plan or program under which the action is to be taken that was given to the Minister under an agreement under Part 10 (about strategic assessments)); and
	(f)	any relevant comments given to the Minister by another Minister in accordance with an invitation under section 131.
Principles of ecologically sustainable development
	(3)	The principles of ecologically sustainable development consist of:
	(a)	the following core objectives:
	(i)	to enhance individual and community well‑being and welfare by following a path of economic development that safeguards the welfare of future generations;
	(ii)	to provide for equity within and between generations;
	(iii)	to protect biological diversity and maintain essential ecological processes and life‑support systems; and
	(b)	the following guiding principles:
	(i)	decision‑making processes should effectively integrate both long‑term and short‑term economic, environmental, social and equity considerations;
	(ii)	if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;
	(iii)	the global dimension of environmental impacts of actions and policy should be recognised and considered;
	(iv)	the need to develop a strong, growing and diversified economy that can enhance the capacity for environmental protection should be recognised;
	(v)	the need to maintain and enhance international competitiveness in an environmentally sound manner should be recognised;
	(vi)	cost‑effective and flexible measures should be adopted;
	(vii)	decisions and actions should provide for broad community involvement on issues which affect the community.
Note:	The principles of ecologically sustainable development that are set out in this subsection are based on the core objectives and guiding principles that were endorsed by the Council of Australian Governments in December 1992.
Person’s environmental history
	(4)	In deciding whether or not to approve the taking of an action by a person, and what conditions to attach to an approval, the Minister may consider whether the person is a suitable person to be granted an approval, having regard to the person’s history in relation to environmental matters.
Minister not to consider other matters
	(5)	In deciding whether or not to approve the taking of an action, and what conditions to attach to an approval, the Minister must not consider any matters that the Minister is not required or permitted by this Subdivision to consider.
137  Requirements for decisions about World Heritage
		In deciding whether or not to approve for the purposes of section 12 the taking of an action, and what conditions to attach to such an approval, the Minister must not act inconsistently with Australia’s obligations under the World Heritage Convention.
138  Requirements for decisions about Ramsar wetlands
		In deciding whether or not to approve for the purposes of section 16 the taking of an action, and what conditions to attach to such an approval, the Minister must not act inconsistently with Australia’s obligations under the Ramsar Convention.
139  Requirements for decisions about threatened species and endangered communities
		In deciding whether or not to approve for the purposes of a subsection of section 18 the taking of an action, and what conditions to attach to such an approval, the Minister must not act inconsistently with:
	(a)	Australia’s obligations under:
	(i)	the Biodiversity Convention; or
	(ii)	the Apia Convention; or
	(iii)	CITES; or
	(b)	a recovery plan or threat abatement plan.
140  Requirements for decisions about migratory species
		In deciding whether or not to approve for the purposes of section 20 the taking of an action relating to a listed migratory species, and what conditions to attach to such an approval, the Minister must not act inconsistently with Australia’s obligations under whichever of the following conventions and agreements because of which the species is listed:
	(a)	the Bonn Convention;
	(b)	CAMBA;
	(c)	JAMBA;
	(d)	an international agreement approved under subsection 209(4).
141  Requirements for decisions about prescribed actions
		In deciding whether or not to approve for the purposes of section 25 the taking of an action prescribed by the regulations for the purposes of that section, the Minister must not act inconsistently with Australia’s obligations under any agreement between Australia and one or more other countries that is relevant to actions of that kind.

Division 2—Requirement to comply with conditions
142  Compliance with conditions on approval
	(1)	A person whose taking of an action has been approved under this Part must not contravene any condition attached to the approval.
Civil penalty:
	(a)	for an individual—1,000 penalty units, or such lower amount as is prescribed by the regulations;
	(b)	for a body corporate—10,000 penalty units, or such lower amount as is prescribed by the regulations.
	(2)	A contravention of a condition attached to an approval under this Part does not invalidate the approval.

Division 3—Variation of conditions and suspension and revocation of approvals
143  Variation of conditions attached to approval
	(1)	The Minister may, by written instrument, revoke, vary or add to any conditions attached to an approval under this Part of an action if:
	(a)	any condition attached to the approval has been contravened; or
	(b)	both of the following conditions are satisfied:
	(i)	the action has had a significant impact that was not identified in assessing the action on any matter protected by a provision of Part 3 for which the approval has effect, or the Minister believes the action will have such an impact;
	(ii)	the Minister believes it is necessary to revoke, vary or add a condition to protect the matter from the impact; or
	(c)	the person whose taking of the action was approved agrees to the proposed revocation, variation or addition and the Minister is satisfied that any conditions attached to the approval after the proposed revocation, variation or addition are necessary or convenient for:
	(i)	protecting a matter protected by any provision of Part 3 for which the approval has effect; or
	(ii)	repairing or mitigating damage to a matter protected by a provision of Part 3 for which the approval has effect (whether or not the damage has been, will be or is likely to be caused by the action).
	(2)	The Minister may, by written instrument, revoke any condition attached to an approval under this Part of an action if the Minister is satisfied that the condition is not needed to protect any matter protected by a provision of Part 3 for which the approval has effect.
	(3)	In deciding whether or not to revoke, vary or add to any conditions attached to the approval of the taking of an action by a person, the Minister may have regard to the person’s history in relation to environmental matters.
	(4)	The revocation, variation or addition takes effect on the day specified in the instrument. The Minister must not specify a day earlier than the day the instrument is made.
	(5)	As soon as possible after making the instrument, the Minister must:
	(a)	give a copy of it to the person to whose action the approval relates; and
	(b)	publish the instrument in accordance with the regulations.
	(6)	However, the Minister must not publish so much of the instrument as:
	(a)	is an exempt document under the Freedom of Information Act 1982 on the grounds of commercial confidence; or
	(b)	the Minister believes it is in the national interest not to provide.
The Minister may consider the defence or security of the Commonwealth when determining what is in the national interest. This does not limit the matters the Minister may consider.
144  Suspension of approval
	(1)	The Minister may, by written instrument, suspend the effect of an approval under this Part for the purposes of a specified provision of Part 3 for a specified period (which must not start before the day on which the instrument is made) if the Minister believes on reasonable grounds that:
	(a)	a significant impact on the matter protected by the provision has occurred because of the contravention of a condition attached to the approval; or
	(b)	the conditions specified in subsection (2) are satisfied.
	(2)	The conditions are that:
	(a)	the action has had, or the Minister believes that the action will have, a significant impact that was not identified in assessing the action on a matter protected by a provision of Part 3 for which the approval has effect; and
	(b)	the approval would not have been granted if information that the Minister has about that impact had been available when the decision to approve the action was made.
	(3)	In deciding whether or not to suspend an approval of the taking of an action by a person, the Minister may have regard to the person’s history in relation to environmental matters.
	(4)	During the specified period, the specified provision of Part 3 applies as if the Minister had not given the approval.
	(5)	As soon as possible after making the instrument, the Minister must:
	(a)	give a copy of it to the person to whose action the approval relates; and
	(b)	publish the instrument in accordance with the regulations.
145  Revocation of approval
	(1)	The Minister may, by written instrument, revoke an approval under this Part for the purposes of a specified provision of Part 3 if:
	(a)	a significant impact on the matter protected by the provision has occurred because of the contravention of a condition attached to the approval; or
	(b)	the conditions specified in subsection (2) are satisfied.
	(2)	The conditions are that:
	(a)	the action has had, or the Minister believes that the action will have, a significant impact that was not identified in assessing the action on a matter protected by a provision of Part 3 for which the approval has effect; and
	(b)	the approval would not have been granted if information that the Minister has about that impact had been available when the decision to approve the action was made.
	(3)	In deciding whether or not to revoke an approval of the taking of an action by a person, the Minister may have regard to the person’s history in relation to environmental matters.
	(4)	The revocation takes effect on the day specified in the instrument. The Minister must not specify a day earlier than the day the instrument is made.
	(5)	As soon as possible after making the instrument, the Minister must:
	(a)	give a copy of it to the person to whose action the approval related; and
	(b)	publish the instrument in accordance with the regulations.

Part 10—Strategic assessments
Division 1—Strategic assessments generally
146  Minister may agree on strategic assessment
	(1)	The Minister may agree in writing with a person responsible for the adoption or implementation of a policy, plan or program that an assessment be made of the relevant impacts of actions under the policy, plan or program that are controlled actions or would be apart from Division 1 or 2 of Part 4.
	(2)	The agreement must provide for:
	(a)	the preparation of a draft of a report on those impacts; and
	(b)	the publication of the draft for public comment; and
	(c)	the finalisation of the report, taking into account the comments (if any) received after publication of the draft; and
	(d)	the provision of the report to the Minister; and
	(e)	the making of recommendations by the Minister to the person about the policy, plan or program (including recommendations for modification of the policy, plan or program); and
	(f)	the endorsement of the policy, plan or program by the Minister if he or she is satisfied that:
	(i)	the report adequately addresses those impacts; and
	(ii)	either the recommended modifications of the policy, plan or program (if any) have been made or any modifications having the same effect have been made; and
	(g)	any other matter prescribed by the regulations.
Note 1:	If the relevant impacts of actions under a policy, plan or program are assessed under an agreement under this Part, the Minister may decide on a less onerous approach for an assessment relating to an individual action under the policy, plan or program. See section 87.
Note 2:	If the Minister endorses the policy, plan or program, he or she may declare under section 33 that actions taken under the policy, plan or program do not need approval for the purposes of specified provisions of Part 3.

Division 2—Assessment of Commonwealth‑managed fisheries
147  Simplified outline of this Division
		The following is a simplified outline of this Division:
The Australian Fisheries Management Authority must make agreements under Division 1 for the assessment of actions in fisheries managed under the Fisheries Management Act 1991. An agreement must be made whenever it is proposed to make a management plan or a determination not to have a plan. An agreement must be made within 5 years of the commencement of this Act for all fisheries that did not have plans at that commencement.
The Minister administering the Torres Strait Fisheries Act 1984 must make agreements under Division 1 for the assessment of actions permitted by policies or plans for managing fishing in Torres Strait. All policies or plans must be covered by an agreement within 5 years after the commencement of this Act.
A further agreement for assessment must be made if the impact of the actions is significantly greater than assessed under an earlier agreement.
If the Minister endorses a policy or plan assessed under an agreement under Division 1, the Minister must make a declaration that actions under the policy or plan do not need approval under Part 9 for the purposes of section 23 (which protects the marine environment).
148  Assessment before management plan is determined
Plans under the Fisheries Management Act 1991
	(1)	Before the Australian Fisheries Management Authority determines a plan of management for a fishery under section 17 of the Fisheries Management Act 1991, the Authority must:
	(a)	make an agreement with the Minister under section 146 for assessment of the relevant impacts of actions under the plan; and
	(b)	consider any recommendations made by the Minister under the agreement.
Plans under the Torres Strait Fisheries Act 1984
	(2)	Before the Minister administering the Torres Strait Fisheries Act 1984 determines a plan of management for a fishery under section 15A of that Act, he or she must:
	(a)	make an agreement under section 146 with the Minister (the Environment Minister) administering this section for assessment of the relevant impacts of actions under the plan; and
	(b)	consider any recommendations made by the Environment Minister under the agreement.
149  Assessment before determination that no plan required
		Before the Australian Fisheries Management Authority determines under subsection 17(1A) of the Fisheries Management Act 1991 that a plan of management is not warranted for a fishery, the Authority must:
	(a)	make an agreement with the Minister under section 146 for assessment of the relevant impacts of actions permitted under the Authority’s policy for managing the fishery; and
	(b)	consider any recommendations made by the Minister under the agreement.
150  Assessment of all fisheries without plans must be started within 5 years
Fisheries managed under the Fisheries Management Act 1991
	(1)	This section applies to fisheries (as defined in the Fisheries Management Act 1991):
	(a)	that are managed under that Act (whether as a result of arrangements under section 71 or 72 of that Act or not); and
	(b)	for which there were not plans of management in force under that Act when this Act commenced.
Two‑thirds of fisheries to be covered by agreements in 3 years
	(2)	Before the day that is the third anniversary of this Act commencing, the Australian Fisheries Management Authority must make agreements with the Minister under section 146 for assessment of the relevant impacts of actions permitted under the Authority’s policies for managing at least 2/3 of the fisheries.
All fisheries to be covered by agreements in 5 years
	(3)	Before the day that is the fifth anniversary of this Act commencing, the Australian Fisheries Management Authority must make agreements with the Minister under section 146 for assessment of the relevant impacts of actions permitted under the Authority’s policies for managing the fisheries.
Agreement not needed if fishery already subject to agreement
	(4)	However, subsection (3) does not require another agreement to be made in relation to a fishery if an agreement relating to the fishery has been made, before the day mentioned in that subsection, by the Authority and the Minister under section 146 because of subsection 148(1) or section 149.
151  Assessment of all Torres Strait fisheries to be started within 5 years
Fisheries managed under the Torres Strait Fisheries Act 1984
	(1)	This section applies to actions that:
	(a)	are involved in fishing (as defined in the Torres Strait Fisheries Act 1984) in an area of Australian jurisdiction (as defined in that Act); and
	(b)	were not covered by a plan of management in force under section 15A of that Act when this Act commenced.
Policies for all actions to be covered by agreements in 5 years
	(2)	Before the day that is the fifth anniversary of this Act commencing, the Minister administering the Torres Strait Fisheries Act 1984 must make agreements under section 146 with the Minister administering this section for assessment of the relevant impacts of the actions permitted by policies under that Act.
Agreement not needed if fishery already subject to agreement
	(3)	However, subsection (2) does not require another agreement to be made in relation to actions if an agreement covering them has been made under section 146, before the day mentioned in that subsection, by the Ministers mentioned in that subsection because of subsection 148(1).
152  Further assessment if impacts greater than previously assessed
Application
	(1)	This section applies if the Minister (the Environment Minister) and the Minister administering the Fisheries Management Act 1991 agree that the impacts that actions:
	(a)	included in a fishery managed under that Act; or
	(b)	permitted under a policy or plan for managing fishing (as defined in the Torres Strait Fisheries Act 1984) in an area of Australian jurisdiction (as defined in that Act);
have, will have or are likely to have on a matter protected by a provision of Part 3 are significantly greater than the impacts identified in the most recent report provided to the Environment Minister under an agreement made under section 146 relating to the fishery, policy or plan.
Further assessment for management arrangements under the Fisheries Management Act 1991
	(2)	The Australian Fisheries Management Authority must make another agreement with the Minister under section 146 in relation to the Authority’s policy for managing the fishery, unless there is a plan of management in force for the fishery under the Fisheries Management Act 1991.
Further assessment for policy or plan for Torres Strait fishing
	(3)	The Minister administering the Torres Strait Fisheries Act 1984 must make another agreement under section 146 in relation to the policy or plan for managing fishing (as defined in the Torres Strait Fisheries Act 1984) in an area of Australian jurisdiction (as defined in that Act).
153  Minister must make declaration if he or she endorses plan or policy
	(1)	This section applies if the Minister makes an agreement under section 146 as required by this Division and endorses under the agreement:
	(a)	a plan of management under the Fisheries Management Act 1991 for a fishery; or
	(b)	policies of the Australian Fisheries Management Authority for managing a fishery for which there is not a plan of management under the Fisheries Management Act 1991; or
	(c)	a plan of management under the Torres Strait Fisheries Act 1984 for a fishery; or
	(d)	policies for managing fishing under the Torres Strait Fisheries Act 1984.
	(2)	The Minister must make a declaration under section 33 that actions approved under the endorsed plan or policies do not require approval under Part 9 for the purposes of subsection 23(1), (2) or (3).
Note:	The declaration will allow actions that would otherwise be prohibited by section 23 to be taken without approval. See section 32.
154  This Division does not limit Division 1
		This Division does not limit Division 1.

Part 11—Miscellaneous rules about assessments and approvals
Division 1—Rules about timing
155  This Chapter ceases to apply to lapsed proposals
	(1)	If:
	(a)	a person who proposes to take a controlled action or is the designated proponent of an action is required or requested under this Chapter to do something; and
	(b)	the person does not do the thing within a period that the Minister believes is a reasonable period;
the Minister may give the person a written notice inviting the person to satisfy the Minister within a specified reasonable period that assessment of the action should continue or that the Minister should make a decision about approving the action.
Note:	Sections 28A and 29 of the Acts Interpretation Act 1901 explain how documents may be served and when they are taken to be served.
	(2)	If, by the end of the specified period, the person fails to satisfy the Minister that assessment of the action should continue or that the Minister should make a decision about approving the action, the Minister may declare in writing that this Chapter no longer applies to the action.
	(3)	This Chapter (apart from this section) ceases to apply in relation to the action on the date specified in the declaration. The Minister must not specify a date earlier than the date of making of the declaration.
	(4)	The Minister must:
	(a)	give a copy of the declaration to the person and to the Secretary; and
	(b)	publish the declaration in accordance with the regulations.
156  General rules about time limits
	(1)	If this Chapter specifies a time limit in business days in relation to a controlled action (or an action that the Minister believes may be or is a controlled action), the limit is to be worked out by reference to what is a business day in the place where the action is to be taken.
	(2)	A day is not to be counted as a business day for the purposes of subsection (1) if it is not a business day in all the places in which the action is to be taken.
	(3)	Failure to comply with a time limit set in this Chapter does not affect the validity of:
	(a)	a decision under this Chapter; or
	(b)	an assessment or approval under this Chapter.
Note:	The Minister must make a statement to Parliament about some failures to comply with time limits. See section 518.

Division 2—Actions in area offshore from a State or the Northern Territory
157  Actions treated as though they were in a State or the Northern Territory
	(1)	A provision of this Chapter that is expressed to apply in relation to actions taken or to be taken in a State also applies in the same way to actions taken or to be taken on, under or over the seabed vested in the State by section 4 of the Coastal Waters (State Title) Act 1980.
	(2)	So far as a provision of this Chapter that is expressed to apply in relation to actions taken or to be taken in a self‑governing Territory relates to the Northern Territory, the provision also applies in the same way to actions taken or to be taken on, under or over the seabed vested in the Northern Territory by section 4 of the Coastal Waters (Northern Territory Title) Act 1980.

Division 3—Exemptions
158  Exemptions from Part 3 and this Chapter
	(1)	A person proposing to take a controlled action, or the designated proponent of an action, may apply in writing to the Minister for an exemption from a specified provision of Part 3 or of this Chapter.
	(2)	The Minister must decide within 20 business days of receiving the application whether or not to grant the exemption.
	(3)	The Minister may, by written notice, exempt a specified person from the application of a specified provision of Part 3 or of this Chapter in relation to a specified action.
	(4)	The Minister may do so only if he or she is satisfied that it is in the national interest that the provision not apply in relation to the person or the action.
	(5)	In determining the national interest, the Minister may consider Australia’s defence or security or a national emergency. This does not limit the matters the Minister may consider.
	(6)	A provision specified in the notice does not apply in relation to the specified person or action on or after the day specified in the notice. The Minister must not specify a day earlier than the day the notice is made.
	(7)	Within 10 business days after making the notice, the Minister must:
	(a)	publish a copy of the notice and his or her reasons for granting the exemption in accordance with the regulations; and
	(b)	give a copy of the notice to the person specified in the notice.

Division 4—Application of Chapter to actions that are not controlled actions
Subdivision A—Minister’s advice on authorising actions
159  Simplified outline of this Subdivision
		The following is a simplified outline of this Subdivision:
A Commonwealth agency or employee must consider advice from the Minister before authorising one of the following actions with a significant impact on the environment:
	(a)	providing foreign aid;
	(b)	managing aircraft operations in airspace;
	(c)	adopting or implementing a major development plan for an airport;
	(d)	an action prescribed by the regulations.
The agency or employee must inform the Minister of the proposal to authorise the action.
The environmental impacts of the action must be assessed in accordance with a declaration made by the Minister accrediting a Commonwealth assessment process, or by one of the following methods chosen by the Minister:
	(a)	a specially accredited process;
	(b)	an assessment on preliminary documentation under Division 4 of Part 8;
	(c)	a public environment report under Division 5 of Part 8;
	(d)	an environmental impact statement under Division 6 of Part 8;
	(e)	an inquiry under Division 7 of Part 8.
The Minister must give the agency or employee advice on protecting the environment from the action, within 30 days of receiving the report of the assessment.
160  Requirement to take account of Minister’s advice
Requirement
	(1)	Before a Commonwealth agency or employee of the Commonwealth gives an authorisation (however described) of an action described in subsection (2), the agency or employee must obtain and consider advice from the Minister in accordance with this Subdivision.
Relevant actions
	(2)	Subsection (1) applies in relation to:
	(a)	the provision of funding by the Commonwealth under Australia’s foreign aid program for a project that has, will have or is likely to have a significant impact on the environment anywhere in the world; and
	(b)	the adoption or implementation of a plan for aviation airspace management involving aircraft operations that have, will have or are likely to have a significant impact on the environment; and
	(c)	the adoption or implementation of a major development plan (as defined in the Airports Act 1996); and
	(d)	any other action prescribed by the regulations for the purposes of this paragraph.
This section does not apply to actions like those already assessed
	(3)	Subsection (1) does not apply in relation to a particular authorisation (the later authorisation) if the agency or employee has complied with, or is complying with, this Subdivision in relation to another authorisation or proposed authorisation and is satisfied of one or both of the matters in subsection (5).
Which actions are like actions?
	(4)	For the purposes of subsection (3), the agency or employee must be satisfied that:
	(a)	the Minister’s advice relating to the other authorisation deals or will deal with all the impacts that the action to which the later authorisation relates has, will have or is likely to have on the environment; or
	(b)	the impacts that the action to which the later authorisation relates has, will have or is likely to have on the environment:
	(i)	are an extension of the corresponding impacts of the action to which the other authorisation relates; and
	(ii)	are not significantly different in nature from those corresponding impacts; and
	(iii)	do not significantly add to those corresponding impacts.
State law excluded in relation to aviation
	(5)	A law of a State or Territory does not apply in relation to the assessment of the certain or likely environmental impacts of an action described in paragraph (2)(b) if subsection (1) applies in relation to authorisation of the action, or would apply apart from subsection (3).
161  Seeking the Minister’s advice
Requirement for referral
	(1)	If a Commonwealth agency or employee of the Commonwealth proposing to give an authorisation (however described) of an action thinks the agency or employee is required by section 160 to obtain and consider the Minister’s advice before giving the authorisation, the agency or employee must:
	(a)	refer the proposal to the Minister; and
	(b)	nominate a person to act as designated proponent of the action.
Minister may request referral
	(2)	The Minister may request a Commonwealth agency or employee of the Commonwealth to:
	(a)	refer to the Minister a proposal to give an authorisation (however described) of an action; and
	(b)	nominate a person to act as designated proponent of the action;
if the Minister thinks the agency or employee is required by section 160 to obtain and consider the Minister’s advice before giving the authorisation.
Complying with Minister’s request
	(3)	The Commonwealth agency or employee must comply with the Minister’s request.
Content of referral
	(4)	A referral must include the information prescribed by the regulations.
162  Assessment of the action
		Part 8 (except sections 82 and 83) and the other provisions of this Act (so far as they relate to that Part) apply in relation to the action proposed to be authorised as if:
	(a)	the referral of the proposal to give the authorisation were a referral of a proposal to take the action; and
	(b)	the Minister had decided under Division 2 of Part 7 that the action was a controlled action; and
	(c)	the person nominated to act as the designated proponent had been designated as the proponent of the action by the Minister under section 75; and
	(d)	a reference in that Part or those provisions to the relevant impacts of the action were a reference to the impact that the action has, will have or is likely to have on the environment; and
	(e)	a reference in that Part or those provisions to making an informed decision on approving under Part 9 (for the purposes of each controlling provision) the taking of the action were a reference to giving informed advice about the proposal to give an authorisation of the action.
163  Providing advice
	(1)	The Minister must give advice on the following matters to the Commonwealth agency or employee of the Commonwealth who referred the proposal to give an authorisation of the action:
	(a)	whether the agency or employee should give the authorisation;
	(b)	what conditions (if any) should be attached to the authorisation (if possible) to protect the environment;
	(c)	any other matter relating to protection of the environment from the action.
	(2)	The Minister must give the advice within 30 days of receiving:
	(a)	a report mentioned in subsection 84(3) or section 95, 100 or 105 (as applied by section 162); or
	(b)	a report of an inquiry under Division 7 of Part 8 (as applied by section 162) relating to the action.
164  Reporting on response to advice
		As soon as practicable after considering the Minister’s advice, the Commonwealth agency or employee of the Commonwealth must give the Minister a report stating:
	(a)	what action has been taken in relation to the Minister’s advice; and
	(b)	if the agency or employee did not give effect to some or all of the Minister’s advice—why the agency or employee did not do so.
Subdivision B—Assessment of applications for permits relating to whales, dolphins and porpoises
165  Assessment of applications for permits relating to whales, dolphins and porpoises
Request for referral
	(1)	The Minister may request a person applying for a permit under Division 3 of Part 13 (about whales and other cetaceans) to refer to the Minister the proposal to take the action that is to be covered by the permit.
Person must comply with request
	(2)	The person must refer the proposal in accordance with Division 1 of Part 7 within 15 business days of the request.
Assessment of proposed action for which permit is sought
	(3)	The following provisions (the applied provisions) apply in the manner specified in subsection (4) in relation to the proposal to take the action:
	(a)	section 74;
	(b)	Division 2 of Part 7;
	(c)	Part 8;
	(d)	the other provisions of this Act, so far as they relate to the provisions mentioned in paragraphs (a), (b) and (c).
How the applied provisions apply to the proposed action
	(4)	The applied provisions apply in relation to the proposal to take the action as if:
	(a)	a reference in the applied provisions to a controlled action were a reference to an action prohibited by Division 3 of Part 13 without a permit under that Division; and
	(b)	a reference in the applied provisions to a controlling provision for the action were a reference to the provision of Division 3 of Part 13 that prohibits the taking of the action without a permit; and
	(c)	a reference in the applied provisions to an approval under Part 9 of the taking of an action were a reference to the grant of a permit under Division 3 of Part 13 to allow the action to be taken; and
	(d)	a reference in the applied provisions to the relevant impacts of an action were a reference to the impacts that the action:
	(i)	has or will have; or
	(ii)	is likely to have;
		on a cetacean.
Assessment report must be considered in decision on permit
	(5)	The Minister must consider the assessment report relating to the action when deciding whether to grant the permit for the action.
Subdivision C—Assessment under agreement with State or Territory
166  This Subdivision applies if Ministers agree it should
	(1)	This Subdivision applies if the Minister and a Minister of a State or self‑governing Territory agree that it should apply in relation to an action that:
	(a)	is to be taken in the State or Territory by a constitutional corporation; or
	(b)	if the agreement is with a Minister of a Territory—is to be taken in the Territory; or
	(c)	is to be taken in the State or Territory by a person for the purposes of trade or commerce:
	(i)	between Australia and another country; or
	(ii)	between 2 States; or
	(iii)	between a State and a Territory; or
	(iv)	between 2 Territories; or
	(d)	is to be taken in the State or Territory and is an action whose assessment under this Subdivision is an appropriate means of giving effect to Australia’s obligations under an agreement with one or more other countries.
	(2)	This section applies to the adoption or implementation of a policy, plan or program in the same way as it applies to any other action.
	(3)	Despite subsection (1), this Subdivision does not apply in relation to an action to be taken in 2 or more States or self‑governing Territories unless there is an agreement between the Minister and a Minister of each of those States and Territories that this Subdivision should apply in relation to the action.
167  Making an agreement
Power to make agreement
	(1)	The Minister may make a written agreement with a Minister of a State or self‑governing Territory to apply this Subdivision in relation to an action to be taken in the State or Territory.
Prerequisites for making agreement
	(2)	The Minister may agree only if he or she is satisfied that the action is not a controlled action.
Minister must not make an agreement that gives preference
	(3)	The Environment Minister must not enter into an agreement that has the effect of giving preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State, in relation to the taking of the action:
	(a)	by a constitutional corporation; or
	(b)	by a person for the purposes of trade or commerce between Australia and another country or between 2 States.
168  Content of an agreement
Generally
	(1)	An agreement to apply this Subdivision in relation to an action must:
	(a)	either specify that one of Divisions 4, 5, 6 and 7 of Part 8 is to apply in relation to the action or specify that Division 1 of Part 10 is to apply in relation to the action; and
	(b)	if it specifies that one of Divisions 4, 5 and 6 of Part 8 is to apply—specify the person who is taken to be the designated proponent of the action for the purposes of that Division.
Agreement applying Division 4 of Part 8
	(2)	An agreement that specifies that Division 4 of Part 8 (about assessment on preliminary documentation) is to apply in relation to an action may deal with how the Minister will exercise his or her power:
	(a)	under section 93 to give a direction to publish information and specify the period for comment; or
	(b)	under section 94 to refuse to accept a document.
Agreement applying Division 5 of Part 8
	(3)	An agreement that specifies that Division 5 of Part 8 (about public environment reports) is to apply in relation to an action may deal with how the Minister will exercise his or her power:
	(a)	under section 97 to prepare guidelines for the content of a draft report; or
	(b)	under section 98 to approve publication of a draft report or specify a period for comment; or
	(c)	under section 99 to refuse a finalised report.
Agreement applying Division 6 of Part 8
	(4)	An agreement that specifies that Division 6 of Part 8 (about environmental impact statements) is to apply in relation to an action may deal with how the Minister will exercise his or her power:
	(a)	under section 102 to prepare guidelines for the content of a draft statement; or
	(b)	under section 103 to approve publication of a draft statement or specify a period for comment; or
	(c)	under section 104 to refuse a finalised statement.
Agreement applying Division 7 of Part 8
	(5)	An agreement that specifies that Division 7 of Part 8 (about inquiries) is to apply in relation to an action may deal with how the Minister will exercise his or her power under section 107:
	(a)	to appoint one or more persons as commissioners, and to appoint a person to preside; or
	(b)	to specify the matters relating to the action that are to be the subject of the inquiry and report; or
	(c)	to specify the time within which the commission must report to the Minister; or
	(d)	to specify the manner in which the commission is to carry out the inquiry.
Agreement applying Part 10
	(6)	An agreement that specifies that Division 1 of Part 10 is to apply may:
	(a)	be in the same document as an agreement mentioned in that Division; or
	(b)	specify the manner in which an agreement the Minister makes under that Division is to provide for matters that that Division requires that agreement to provide for.
169  Application of a Division of Part 8
Provisions that apply
	(1)	If the agreement states that a particular Division of Part 8 is to apply in relation to the assessment of an action, the following provisions of this Act (the applied provisions) apply in relation to the action as set out in subsection (2):
	(a)	that Division;
	(b)	the other provisions of this Act (except Part 9), so far as they relate to that Division.
Modification of applied provisions
	(2)	The applied provisions apply in relation to the action as if:
	(a)	the Minister had decided under Division 2 of Part 7 that the action was a controlled action; and
	(b)	the Minister had decided that the relevant impacts of the action must be assessed under the Division specified in the agreement applying the Division; and
	(c)	the person specified in the agreement as the person who is taken to be the designated proponent of the action for the purposes of that Division had been designated as the proponent of the action by the Minister under section 75; and
	(d)	a reference in the applied provisions to the relevant impacts of the action were a reference to the impact that the action has, will have or is likely to have on the environment; and
	(e)	a reference in the applied provisions to making an informed decision on approving under Part 9 (for the purposes of each controlling provision) the taking of the action were a reference to making an informed report and recommendations relating to the action.
Modification of section 93
	(3)	Also, if the agreement states that Division 4 of Part 8 is to apply in relation to the assessment of an action, that Division applies in relation to the action as if subparagraphs 93(1)(a)(i), (ii) and (iii) merely referred to specified information relating to the action.
Minister must give copy of report to State or Territory Minister
	(4)	The Minister must give a copy of the report he or she receives from the Secretary or commission of inquiry under the applied provisions in relation to the action to each Minister of a State or Territory who is party to the agreement.
170  Application of Division 1 of Part 10
		If an agreement to apply this Subdivision states that Division 1 of Part 10 is to apply:
	(a)	that Division applies as if:
	(i)	the reference in subsection 146(1) to relevant impacts of actions were a reference to the impacts the actions have, will have or are likely to have on the environment; and
	(ii)	paragraph 146(2)(f) were omitted; and
	(b)	the Minister must give a copy of the report provided to the Minister under the agreement made under section 146, and of any recommendations made by the Minister under the agreement, to each Minister of a State or Territory who is party to the agreement to apply this Subdivision.

Chapter 5—Conservation of biodiversity
Part 12—Identifying and monitoring biodiversity and making bioregional plans
Division 1—Identifying and monitoring biodiversity
171  Identifying and monitoring biodiversity
	(1)	The Minister may, on behalf of the Commonwealth, co‑operate with, and give financial or other assistance to, any person for the purpose of identifying and monitoring components of biodiversity.
	(2)	Without limiting subsection (1), the co‑operation and assistance may include co‑operation and assistance in relation to all or any of the following:
	(a)	identifying and monitoring components of biodiversity that are important for its conservation and ecologically sustainable use;
	(b)	identifying components of biodiversity that are inadequately understood;
	(c)	collecting and analysing information about the conservation status of components of biodiversity;
	(d)	collecting and analysing information about processes or activities that are likely to have a significant impact on the conservation and ecologically sustainable use of biodiversity;
	(e)	assessing strategies and techniques for the conservation and ecologically sustainable use of biodiversity;
	(f)	systematically determining biodiversity conservation needs and priorities.
	(3)	In this Act:
components of biodiversity includes species, habitats, ecological communities, genes, ecosystems and ecological processes.
	(4)	For the purposes of this section, the components of biological diversity that are important for its conservation and ecologically sustainable use are to be identified having regard to the matters set out in Annex I to the Biodiversity Convention.
	(5)	The giving of assistance may be made subject to such conditions as the Minister thinks fit.
172  Inventories of listed threatened species etc. on Commonwealth land
	(1)	The Minister must prepare inventories that identify, and state the abundance of, the listed threatened species, listed threatened ecological communities, listed migratory species and listed marine species on Commonwealth land.
	(2)	Commonwealth land must be covered by an inventory:
	(a)	within 5 years after the commencement of this Act; or
	(b)	within 5 years after the land became Commonwealth land;
whichever is later.
	(3)	A Commonwealth agency that has an interest in Commonwealth land must provide all reasonable assistance in connection with the preparation under this section of an inventory that is to cover the land.
173  Surveys of cetaceans, listed threatened species etc. in Commonwealth marine areas
	(1)	The Minister must prepare surveys that identify, and state the extent of the range of:
	(a)	cetaceans present in Commonwealth marine areas; and
	(b)	the listed threatened species, listed threatened ecological communities, listed migratory species and listed marine species in Commonwealth marine areas.
	(2)	A Commonwealth marine 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 marine area;
whichever is later.
	(3)	A Commonwealth agency that has an interest in a Commonwealth marine area is to provide all reasonable assistance in connection with the preparation under this section of a survey that is to cover the area.
174  Inventories and surveys to be updated
		The Minister must take reasonable steps to ensure that the inventories and surveys prepared under this Division are maintained in an up‑to‑date form.
175  Obligations under this Act unaffected by lack of inventories or surveys
		Obligations imposed by this Act are not affected, in their application in relation to Commonwealth land or Commonwealth marine areas, by any lack of inventories or surveys for such land or areas.

Division 2—Bioregional plans
176  Bioregional plans
	(1)	The Minister may prepare a bioregional plan for a bioregion that is within a Commonwealth area.
	(2)	The Minister may, on behalf of the Commonwealth, co‑operate with a State or a self‑governing Territory, an agency of a State or of a self‑governing Territory, or any other person in the preparation of a bioregional plan for a bioregion that is not wholly within a Commonwealth area.
	(3)	The co‑operation may include giving financial or other assistance.
	(4)	A bioregional plan may include provisions about all or any of the following:
	(a)	the components of biodiversity, their distribution and conservation status;
	(b)	important economic and social values;
	(c)	objectives relating to biodiversity and other values;
	(d)	priorities, strategies and actions to achieve the objectives;
	(e)	mechanisms for community involvement in implementing the plan;
	(f)	measures for monitoring and reviewing the plan.
	(5)	Subject to this Act, the Minister may have regard to a bioregional plan in making any decision under this Act to which the plan is relevant.
177  Obligations under this Act unaffected by lack of bioregional plans
		Obligations imposed by this Act are not affected, in their application in relation to Commonwealth areas, by a lack of bioregional plans for those areas.

Part 13—Species and communities
Division 1—Listed threatened species and ecological communities
Subdivision A—Listing
178  Listing of threatened species
	(1)	The Minister must, by instrument published in the Gazette, establish a list of threatened species divided into the following categories:
	(a)	extinct;
	(b)	extinct in the wild;
	(c)	critically endangered;
	(d)	endangered;
	(e)	vulnerable;
	(f)	conservation dependent.
	(2)	The list, as first established, must contain only the species contained in Schedule 1 to the Endangered Species Protection Act 1992, as in force immediately before the commencement of this Act.
	(3)	The Minister must include:
	(a)	in the extinct category of the list, as first established, only the species mentioned in subsection (2) that were listed as presumed extinct; and 
	(b)	in the endangered category of the list, as first established, only the native species mentioned in subsection (2) that were listed as endangered; and
	(c)	in the vulnerable category of the list, as first established, only the species mentioned in subsection (2) that were listed as vulnerable.
	(4)	If the Minister is satisfied that a species included in the list, as first established, in:
	(a)	the extinct category; or
	(b)	the endangered category; or 
	(c)	the vulnerable category;
is not eligible to be included in that or any other category, or is eligible to be, or under subsection 186(3), (4) or (5) can be, included in another category, the Minister must, within 6 months after the commencement of this Act, amend the list accordingly in accordance with this Subdivision.
179  Categories of threatened species
	(1)	A native species is eligible to be included in the extinct category at a particular time if, at that time, there is no reasonable doubt that the last member of the species has died.
	(2)	A native species is eligible to be included in the extinct in the wild category at a particular time if, at that time:
	(a)	it is known only to survive in cultivation, in captivity or as a naturalised population well outside its past range; or
	(b)	it has not been recorded in its known and/or expected habitat, at appropriate seasons, anywhere in its past range, despite exhaustive surveys over a time frame appropriate to its life cycle and form.
	(3)	A native species is eligible to be included in the critically endangered category at a particular time if, at that time, it is facing an extremely high risk of extinction in the wild in the immediate future, as determined in accordance with the prescribed criteria.
	(4)	A native species is eligible to be included in the endangered category at a particular time if, at that time:
	(a)	it is not critically endangered; and
	(b)	it is facing a very high risk of extinction in the wild in the near future, as determined in accordance with the prescribed criteria.
	(5)	A native species is eligible to be included in the vulnerable category at a particular time if, at that time:
	(a)	it is not critically endangered or endangered; and
	(b)	it is facing a high risk of extinction in the wild in the medium‑term future, as determined in accordance with the prescribed criteria.
	(6)	A native species is eligible to be included in the conservation dependent category at a particular time if, at that time, the species is the focus of a specific conservation program, the cessation of which would result in the species becoming vulnerable, endangered or critically endangered within a period of 5 years.
180  Native species of marine fish 
	(1)	A native species of marine fish is eligible to be included in a category mentioned in a paragraph of subsection 178(1) at a particular time if, at that time, the species meets the prescribed criteria for that category.
	(2)	A subsection of section 179 referring to a category (the relevant category) does not apply to a native species of marine fish if regulations are in force for the purposes of subsection (1) of this section prescribing criteria for the relevant category.
181  Listing of threatened ecological communities
	(1)	The Minister must, by instrument published in the Gazette, establish a list of threatened ecological communities divided into the following categories:
	(a)	critically endangered;
	(b)	endangered;
	(c)	vulnerable.
	(2)	Subject to subsection (3), the Minister must not include an ecological community in a particular category of the list, as first established, unless satisfied that the ecological community is eligible to be included in that category when the list is first published.
	(3)	If one or more ecological communities are contained in Schedule 2 to the Endangered Species Protection Act 1992, as in force immediately before the commencement of this Act, the list, as first established, must contain only those communities, and they must be included in the endangered category.
	(4)	If the Minister is satisfied that an ecological community included in the endangered category of the list, as first established under subsection (3), is not eligible to be included in that or any other category, or is eligible to be included in another category, the Minister must, within 6 months after the commencement of this Act, amend the list accordingly in accordance with this Subdivision.
	(5)	An instrument (other than an instrument establishing the list mentioned in subsection (3)) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
182  Critically endangered, endangered and vulnerable communities 
	(1)	An ecological community is eligible to be included in the critically endangered category at a particular time if, at that time, it is facing an extremely high risk of extinction in the wild in the immediate future, as determined in accordance with the prescribed criteria.
	(2)	An ecological community is eligible to be included in the endangered category at a particular time if, at that time:
	(a)	it is not critically endangered; and
	(b)	it is facing a very high risk of extinction in the wild in the near future, as determined in accordance with the prescribed criteria.
	(3)	An ecological community is eligible to be included in the vulnerable category at a particular time if, at that time:
	(a)	it is not critically endangered nor endangered; and
	(b)	it is facing a high risk of extinction in the wild in the medium‑term future, as determined in accordance with the prescribed criteria.
183  Listing of key threatening processes
	(1)	The Minister must, by instrument published in the Gazette, establish a list of threatening processes that are key threatening processes.
	(2)	The list, as first established, must contain only the key threatening processes contained in Schedule 3 to the Endangered Species Protection Act 1992, as in force immediately before the commencement of this Act.
184  Minister may amend lists
	(1)	Subject to this Subdivision, the Minister may, by instrument published in the Gazette, amend a list referred to in section 178, 181 or 183 by:
	(a)	including items in the list; or
	(b)	deleting items from the list; or
	(c)	in the case of the list referred to in section 178 or 181—transferring items from one category in the list to another category in the list; or
	(d)	correcting an inaccuracy or updating the name of a listed threatened species or listed threatened ecological community.
	(2)	An instrument (other than an instrument mentioned in paragraph (1)(d)) 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 an instrument because of section 46A of that Act, amendments of the kind mentioned in paragraphs (1)(b) and (c) 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.
	(4)	When an instrument is laid before each House of the Parliament in accordance with section 48 of the Acts Interpretation Act 1901, the Minister must cause a statement to be laid before each House with the instrument explaining:
	(a)	in the case of an item that has been included in a list by the instrument—why the item was so included; or
	(b)	in the case of an item that has been deleted from a list by the instrument—why the item was so deleted; or
	(c)	in the case of an item that has been transferred by the instrument from one category in the list referred to in section 178 or 181 to another category in that list—why the item has been so transferred.
	(5)	The Minister must cause a notice summarising the information contained in an instrument to be published in accordance with the regulations (if any).
185  Maintaining the lists in up‑to‑date condition
		The Minister must take all reasonably practical steps to amend as necessary:
	(a)	the list referred to in section 178 so that it contains in each category all native species that are eligible to be, or under subsection 186(3), (4) or (5) can be, included in that category; and
	(b)	the list referred to in section 181 so that it contains in each category all ecological communities that are eligible to be included in that category.
186  Amending list of threatened native species
	(1)	Subject to subsections (3), (4) and (5), the Minister must not:
	(a)	include (whether as a result of a transfer or otherwise) a native species in a particular category; or
	(b)	delete (whether as a result of a transfer or otherwise) a native species from a particular category;
unless satisfied that the native species is eligible, or is no longer eligible, as the case requires, to be included in that category.
	(2)	In deciding whether to include a native species in, or delete a native species from, a particular category (whether as a result of a transfer or otherwise), the Minister must not consider any matter that does not relate to the survival of the native species concerned.
	(3)	The Minister may include a native species in the critically endangered category if satisfied that:
	(a)	it so closely resembles in appearance, at any stage of its biological development, a species that is eligible to be included in that category (see subsection 179(3)) that it is difficult to differentiate between the 2 species; and
	(b)	this difficulty poses an additional threat to the last‑mentioned species; and
	(c)	it would substantially promote the objects of this Act if the first‑mentioned species were regarded as critically endangered.
	(4)	The Minister may include a native species in the endangered category if satisfied that:
	(a)	it so closely resembles in appearance, at any stage of its biological development, a species that is eligible to be included in that category (see subsection 179(4)) that it is difficult to differentiate between the 2 species; and
	(b)	this difficulty poses an additional threat to the last‑mentioned species; and
	(c)	it would substantially promote the objects of this Act if the first‑mentioned species were regarded as endangered.
	(5)	The Minister may include a native species in the vulnerable category if satisfied that:
	(a)	it so closely resembles in appearance, at any stage of its biological development, a species that is eligible to be included in that category (see subsection 179(5)) that it is difficult to differentiate between the 2 species; and
	(b)	this difficulty poses an additional threat to the last‑mentioned species; and
	(c)	it would substantially promote the objects of this Act if the first‑mentioned species were regarded as vulnerable.
187  Amending list of ecological communities
	(1)	The Minister must not:
	(a)	include (whether as a result of a transfer or otherwise) an ecological community in a particular category of the list; or
	(b)	delete (whether as a result of a transfer or otherwise) an ecological community from a particular category;
unless satisfied that the ecological community is eligible, or is no longer eligible, as the case requires, to be included in that category.
	(2)	In deciding whether to include an ecological community in, or delete an ecological community from, a particular category (whether as a result of a transfer or otherwise), the Minister must not consider any matter that does not relate to the survival of the ecological community concerned.
188  Amending list of key threatening processes
	(1)	The Minister must not add a threatening process to the list unless satisfied that it is eligible to be treated as a key threatening process.
	(2)	The Minister must not delete a threatening process from the list unless satisfied that it is no longer eligible to be treated as a key threatening process.
	(3)	A process is a threatening process if it threatens, or may threaten, the survival, abundance or evolutionary development of a native species or ecological community.
	(4)	A threatening process is eligible to be treated as a key threatening process if:
	(a)	it could cause a native species or an ecological community to become eligible for listing in any category, other than conservation dependent; or
	(b)	it could cause a listed threatened species or a listed threatened ecological community to become eligible to be listed in another category representing a higher degree of endangerment; or
	(c)	it adversely affects 2 or more listed threatened species (other than species included in the conservation dependent category) or 2 or more listed threatened ecological communities;
and the preparation and implementation of a nationally co‑ordinated threat abatement plan is a feasible, effective and efficient way to abate the process.
	(5)	Before deciding whether a threatening process is eligible to be treated as a key threatening process, the Minister must take reasonable steps to consult with any Commonwealth agency, any State, any self‑governing Territory, and any agency of a State or self‑governing Territory, 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.
	(6)	Nothing in subsection (5) is taken to prevent the Minister from consulting with any other person or body.
189  Minister must consider advice from Scientific Committee
	(1)	Subject to section 192, in deciding whether to amend:
	(a)	the list referred to in section 178 or 181; or
	(b)	the list referred to in section 183;
the Minister must, in accordance with the regulations (if any), obtain and consider advice from the Scientific Committee on the proposed amendment.
	(2)	In preparing advice under subsection (1), the Scientific Committee may obtain advice from a person with expertise relevant to the subject matter of the proposed amendment.
	(3)	In preparing advice for a proposed amendment of a list referred to in paragraph (1)(a), the Scientific Committee must not consider any matter that does not relate to the survival of the native species or ecological community concerned.
	(4)	If a native species or ecological community has been nominated under section 191 to be listed, the Scientific Committee must give its advice to the Minister within 12 months, or such longer period as the Minister specifies, after the Scientific Committee receives the nomination from the Minister under that section.
	(5)	The Minister must:
	(a)	decide whether to amend the list; and
	(b)	if the Minister decides to amend the list—cause the necessary instrument to be published in the Gazette;
within 90 days after receiving the Scientific Committee’s advice on the amendment.
	(6)	A member of the Scientific Committee 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 90 days unless the disclosure:
	(a)	is for the official purposes of the Scientific Committee; or
	(b)	if an instrument is published in the Gazette relating to an amendment of a list to which the advice relates—occurred after the publication.
190  Scientific Committee may provide advice about species or communities becoming threatened
	(1)	If the Scientific Committee is of the opinion that a native species or ecological community is not eligible to be included in any category of the list mentioned in section 178 or 181, the Committee may give advice to the Minister concerning any action that is necessary to prevent the species or community becoming threatened.
	(2)	The Minister is to have regard to any advice given under subsection (1) in performing any function, or exercising any power, under this Act relevant to the species or community.
191  Nomination of threatened species etc.
	(1)	A person may, in accordance with the regulations (if any), nominate to the Minister:
	(a)	a native species to be included in a particular category of the list referred to in section 178; or
	(b)	an ecological community to be included a particular category of the list referred to in section 181; or
	(c)	a threatening process to be included in the list referred to in section 183.
	(2)	Subject to subsection (6), the Minister must forward all nominations to the Scientific Committee.
	(3)	If the Minister decides that a nominated native species or ecological community is not eligible to be included in the nominated category, the Minister must, in accordance with the regulations (if any):
	(a)	advise the person who made the nomination of the Minister’s decision; and 
	(b)	give to that person a statement of reasons why the native species or ecological community is not eligible to be included in the nominated category.
	(4)	If the Minister decides that a threatening process is not eligible to be listed, the Minister must, in accordance with the regulations (if any):
	(a)	advise the person who made the nomination of the Minister’s decision; and 
	(b)	give to that person a statement of reasons why the threatening process is not eligible to be listed.
	(5)	The Minister may, at any time, request a person who has made a nomination to provide additional information about the subject of the nomination within such period as the Minister specifies. 
	(6)	The Minister may reject a nomination if satisfied that:
	(a)	the subject of the nomination has previously been nominated; or
	(b)	the nomination is vexatious, frivolous or not made in good faith; or
	(c)	the nomination has not been made in accordance with the regulations (if any); or
	(d)	any additional information requested under subsection (5) has not been provided within the specified period, or the information that has been provided is incomplete.
192  Rediscovery of threatened species that were extinct
	(1)	If the Minister is satisfied that a native species that is listed in the extinct category has been definitely located in nature since it was last listed as extinct, the Minister may, under section 184, transfer the species from the extinct category to another category without considering advice from the Scientific Committee.
	(2)	Subsection (1) does not prevent the Minister from making such an amendment after having considered advice from the Scientific Committee.
193  Species posing a serious threat to human health
	(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 inclusion in any of the categories of the list referred to in section 178.
	(2)	While the determination is in force, the species is not to be added to that list.
	(3)	A determination is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
	(4)	The Minister must cause a notice summarising the information contained in an instrument to be published in accordance with the regulations (if any).
194  Minister to make lists available to the public
		The Minister must, in accordance with the regulations (if any), make copies of up‑to‑date lists available for purchase, for a reasonable price, at a prescribed place in each State and self‑governing Territory.
Subdivision B—Permit system
195  Subdivision does not apply to cetaceans
		This Subdivision does not apply to a member of a listed threatened species that is a cetacean.
196  Taking etc. certain listed threatened species or listed ecological communities
	(1)	Subject to section 197, a person is guilty of an offence if:
	(a)	the person kills, injures, takes, trades, keeps or moves a member of a native species or an ecological community; and
	(b)	the member is a member of a listed threatened species (other than a species included in the conservation dependent category) or a listed threatened ecological community; and
	(c)	the member is in or on a Commonwealth area.
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
	(2)	Subject to section 197, a person is guilty of an offence if:
	(a)	the person trades, keeps or moves a member of a native species or an ecological community; and
	(b)	the member is a member of a listed threatened species (other than a species included in the conservation dependent category) or a listed threatened ecological community; and
	(c)	the member has been taken in or on a Commonwealth area.
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
	(3)	Strict liability applies to paragraphs (1)(c) and (2)(c).
Note:	For strict liability, see section 6.1 of the Criminal Code.
	(4)	An offence against subsection (1) or (2) is punishable on conviction by imprisonment for not more than 2 years or a fine not exceeding 1,000 penalty units, or both.
197  Section 196 does not apply to certain actions
		Section 196 does not apply to:
	(a)	an action authorised by a permit that is in force; or
	(b)	an action provided for by, and done in accordance with, a recovery plan made or adopted under section 267 and that is in force; or
	(c)	an action that is covered by an approval in operation under Part 9 for the purposes of a subsection of section 18; or
	(d)	an action that:
	(i)	is one of a class of actions declared by the Minister under section 33 not to require an approval under Part 9 for the purposes of a subsection of 18; and
	(ii)	is taken when the declaration is in operation; or
	(e)	an action that is taken in a humane manner and is reasonably necessary to relieve or prevent suffering by a member of a listed threatened species or listed threatened ecological community; or
	(f)	an action that is reasonably necessary to prevent a risk to human health; or
	(g)	an action by a Commonwealth agency, or an agency of a State or of a self‑governing Territory, that is reasonably necessary for the purposes of law enforcement; or
	(h)	an action that is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or
	(i)	an action that occurs as a result of an unavoidable accident, other than an accident caused by negligent or reckless behaviour; or
	(j)	an action that is taken in accordance with a permit issued under regulations made under the Great Barrier Reef Marine Park Act 1975 and that is in force.
Note:	A defendant bears an evidential burden in relation to the matters in this section. See subsection 13.3(3) of the Criminal Code.
198  Operation of section 18 not affected
		For the avoidance of doubt, sections 196 and 197 do not affect the operation of section 18.
199  Failing to notify taking of listed threatened species or listed ecological community
	(1)	Subject to subsection (2), this section applies to a person if:
	(a)	the person kills, injures, takes, trades, keeps or moves a member of a listed threatened species (other than a species included in the conservation dependent category) or a listed threatened ecological community that is in or on a Commonwealth area; and
	(b)	the person’s act does not constitute an offence under section 196.
	(2)	This section does not apply to a person who is the holder of a permit authorising the person’s act.
Note:	A person who is the holder of a permit may be required to give certain notices in accordance with the conditions of the permit.
	(3)	A person must, within 7 days after becoming aware of his or her act, notify the Secretary in writing or by telephone, or by use of any other electronic equipment:
	(a)	that the act occurred; and
	(b)	of such other particulars about the act (for example, the time and place of the taking) as are prescribed (if any).
	(4)	Subsection (3) does not apply to a person if the person, or any other person or body, is required by or under a law of the Commonwealth to notify the Secretary of the first‑mentioned person’s act.
	(5)	A person is guilty of an offence punishable on conviction by a fine not exceeding 100 penalty units if the person:
	(a)	fails to do an act; and
	(b)	the failing to do the act results in a contravention of subsection (3).
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
200  Application for permits
	(1)	A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under section 201.
	(2)	The application must be accompanied by the fee prescribed by the regulations (if any).
201  Minister may issue permits
	(1)	Subject to subsection (3), the Minister may, on application by a person under section 200, issue a permit to the person.
	(2)	A permit authorises its holder to take an action specified in the permit without breaching section 196.
	(3)	The Minister must not issue the permit unless satisfied that:
	(a)	the specified action will contribute significantly to the conservation of the listed threatened species or listed threatened ecological community concerned; or
	(b)	the impact of the specified action on a member of the listed threatened species or listed threatened ecological community concerned is incidental to, and not the purpose of, the taking of the action and:
	(i)	the taking of the action will not adversely affect the survival or recovery in nature of that species or ecological community; and
	(ii)	the taking of the action is not inconsistent with a recovery plan that is in force for that species or ecological community; and
	(iii)	the holder of the permit will take all reasonable steps to minimise the impact of the action on that species or ecological community; or
	(c)	the specified action is of particular significance to indigenous tradition and will not adversely affect the survival or recovery in nature of the listed threatened species or listed threatened ecological community concerned; or
	(d)	the specified action is necessary in order to control pathogens and is conducted in a way that will, so far as is practicable, keep to a minimum any impact on the listed threatened species or listed threatened ecological community concerned.
	(4)	In this Act:
indigenous tradition means the body of traditions, observances, customs and beliefs of indigenous persons generally or of a particular group of indigenous persons.
202  Conditions of permits
	(1)	A permit is subject to such conditions as are specified in the permit or as are imposed under subsection (2).
	(2)	The Minister may, in accordance with the regulations:
	(a)	vary or revoke a condition of a permit; or
	(b)	impose further conditions of a permit.
	(3)	Without limiting subsections (1) and (2), conditions of a permit may include conditions stating the period within which the acts specified in the permit may be done.
203  Contravening conditions of a permit
		The holder of a permit is guilty of an offence punishable on conviction by a fine not exceeding 300 penalty units if:
	(a)	he or she does, or fails to do, an act or thing; and
	(b)	doing, or failing to do, the act or thing results in a contravention of a condition of the permit.
204  Authorities under permits
	(1)	Subject to subsection (2), the holder of a permit may give to a person written authority to do for, or on behalf of, the holder any act authorised by the permit. The authority may be given generally or as otherwise provided by the instrument of authority.
	(2)	The holder of a permit must not give an authority unless:
	(a)	the permit contains a condition permitting the holder to do so; and
	(b)	the authority is given in accordance with any requirements set out in the condition.
	(3)	A permit is, for the purposes of this Act, taken to authorise the doing of a particular act by a person if the doing of that act by the person is authorised by an authority given by the holder of the permit.
	(4)	The giving of an authority does not prevent the doing of any act by the holder of the permit.
	(5)	Except as provided in this section, a permit does not authorise the doing of any act by a person for or on behalf of the holder of the permit.
	(6)	A person who gives an authority must give to the Minister written notice of it within 14 days after giving the authority.
205  Transfer of permits
		On the application, in accordance with the regulations, of the holder of a permit, the Minister may, in accordance with the regulations, transfer the permit to another person.
206  Suspension or cancellation of permits
		The Minister may, in accordance with the regulations:
	(a)	suspend a permit for a specified period; or
	(b)	cancel a permit.
207  Fees
		Such fees as are prescribed (if any) are payable in respect of the following:
	(a)	the grant or the transfer of a permit;
	(b)	the variation or revocation of a condition of a permit;
	(c)	the imposition of a further condition of a permit.
Subdivision C—Miscellaneous
208  Regulations
		The regulations may:
	(a)	provide for the transportation, treatment and disposal of members of listed threatened species or listed threatened ecological communities killed, injured or taken in contravention of this Division; and
	(b)	provide for the methods or equipment by which members of listed threatened species or listed threatened ecological communities may be killed or taken otherwise than in contravention of this Division; and
	(c)	provide for the gathering and dissemination of information relating to listed threatened species or listed threatened ecological communities; and
	(d)	provide for the protection and conservation of listed threatened species or listed threatened ecological communities; and
	(e)	provide for any matter incidental to or connected with any of the above paragraphs.

Division 2—Migratory species
Subdivision A—Listing
209  Listed migratory species
	(1)	The Minister must, by instrument published in the Gazette:
	(a)	establish a list of migratory species for the purposes of this Act; and
	(b)	amend the list, as necessary, so that it includes all species required to be included in the list under subsection (3).
	(2)	The Minister must establish the list within 30 days after the commencement of this Act.
	(3)	The list must include:
	(a)	all species from time to time included in appendices to the Bonn Convention and for which Australia is a Range State under the Convention; and
	(b)	all species from time to time included in lists established under JAMBA and CAMBA; and
	(c)	all native species from time to time identified in a list established under, or an instrument made under, an international agreement approved by the Minister under subsection (4).
The list must not include any other species.
	(4)	The Minister may, by instrument published in the Gazette, approve an international agreement for the purposes of subsection (3) if satisfied it is an agreement relevant to the conservation of migratory species.
	(5)	An instrument mentioned in subsection (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
	(6)	The Minister may, by instrument published in the Gazette, correct an inaccuracy or update the name of a migratory species.
Subdivision B—Permit system
210  Subdivision does not apply to members of listed threatened species or cetaceans
		This Subdivision does not apply to a member of a listed migratory species that is a member of a listed threatened species or a cetacean.
211  Taking etc. listed migratory species
	(1)	Subject to section 212, a person is guilty of an offence if:
	(a)	the person kills, injures, takes, trades, keeps or moves a member of a migratory species; and
	(b)	the member is a member of a listed migratory species; and
	(c)	the member is in or on a Commonwealth area.
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
	(2)	Subject to section 212, a person is guilty of an offence if:
	(a)	the person trades, keeps or moves a member of a migratory species; and
	(b)	the member is a member of a listed migratory species; and
	(c)	the member has been taken in or on a Commonwealth area.
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
	(3)	Strict liability applies to paragraphs (1)(c) and (2)(c).
Note:	For strict liability, see section 6.1 of the Criminal Code.
	(4)	An offence against subsection (1) or (2) is punishable on conviction by imprisonment for not more than 2 years or a fine not exceeding 1,000 penalty units, or both.
212  Section 211 does not apply to certain actions
		Section 211 does not apply to:
	(a)	an action authorised by a permit that is in force; or
	(b)	an action provided for by, and taken in accordance with, a wildlife conservation plan made or adopted under Division 5 and that is in force; or
	(c)	an action that is covered by an approval in operation under Part 9 for the purposes of subsection 20(1); or
	(d)	an action that:
	(i)	is one of a class of actions declared by the Minister under section 33 not to require an approval under Part 9 for the purposes of subsection 20(1); and
	(ii)	is taken when the declaration is in operation; or
	(e)	an action that is taken in a humane manner and is reasonably necessary to relieve or prevent suffering by a member of a listed migratory species; or
	(f)	an action that is reasonably necessary to prevent a risk to human health; or
	(g)	an action by a Commonwealth agency, or an agency of a State or of a self‑governing Territory, that is reasonably necessary for the purposes of law enforcement; or
	(h)	an action that is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or
	(i)	an action that occurs as a result of an unavoidable accident, other than an accident caused by negligent or reckless behaviour; or
	(j)	an action that is taken in accordance with a permit issued under regulations made under the Great Barrier Reef Marine Park Act 1975 and that is in force.
Note:	A defendant bears an evidential burden in relation to the matters in this section. See subsection 13.3(3) of the Criminal Code.
213  Operation of section 20 not affected
		For the avoidance of doubt, sections 211 and 212 do not affect the operation of section 20.
214  Failing to notify taking etc. of listed migratory species 
	(1)	Subject to subsection (2), this section applies to a person if:
	(a)	the person kills, injures, takes, trades, keeps or moves a member of a listed migratory species that is in or on a Commonwealth area; and
	(b)	the person’s act does not constitute an offence under section 211.
	(2)	This section does not apply to a person who is the holder of a permit authorising the person’s act.
Note:	A person who is the holder of a permit may be required to give certain notices in accordance with the conditions of the permit.
	(3)	A person must, within 7 days after becoming aware of his or her act, notify the Secretary in writing or by telephone or by use of any other electronic equipment:
	(a)	that the act occurred; and
	(b)	of such other particulars about the act (for example, the time and place of the taking) as are prescribed (if any).
	(4)	Subsection (3) does not apply to a person if the person, or any other person or body, is required or authorised by or under a law of the Commonwealth to notify the Secretary of the first‑mentioned person’s act.
	(5)	A person is guilty of an offence punishable on conviction by a fine not exceeding 100 penalty units if the person:
	(a)	fails to do an act; and
	(b)	the failing to do the act results in a contravention of subsection (3).
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
215  Application for permits
	(1)	A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under section 216.
	(2)	The application must be accompanied by the fee prescribed by the regulations (if any).
216  Minister may issue permits
	(1)	Subject to subsection (3), the Minister may, on application by a person under section 215, issue a permit to the person.
	(2)	A permit authorises its holder to take an action specified in the permit without breaching section 211.
	(3)	The Minister must not issue the permit unless satisfied that:
	(a)	the specified action will contribute significantly to the conservation of the listed migratory species concerned or other listed migratory species; or
	(b)	the impact of the specified action on a member of the listed migratory species concerned is incidental to, and not the purpose of, the taking of the action and:
	(i)	the taking of the action will not adversely affect the conservation status of that species or a population of that species; and
	(ii)	the taking of the action is not inconsistent with a wildlife conservation plan for that species that is in force; and
	(iii)	the holder of the permit will take all reasonable steps to minimise the impact of the action on that species; or
	(c)	the specified action is of particular significance to indigenous tradition and will not adversely affect the conservation status of the listed migratory species concerned, or a population of that species; or
	(d)	the specified action is necessary in order to control pathogens and is conducted in a way that will, so far as is practicable, keep to a minimum any impact on the listed migratory species concerned.
217  Conditions of permits
	(1)	A permit is subject to such conditions as are specified in the permit or as are imposed under subsection (2).
	(2)	The Minister may, in accordance with the regulations:
	(a)	vary or revoke a condition of a permit; or
	(b)	impose further conditions of a permit.
218  Contravening conditions of a permit
		The holder of a permit is guilty of an offence punishable on conviction by a fine not exceeding 300 penalty units if:
	(a)	he or she does, or fails to do, an act or thing; and
	(b)	doing, or failing to do, the act or thing results in a contravention of a condition of the permit.
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
219  Authorities under permits
	(1)	Subject to subsection (2), the holder of a permit may give to a person written authority to do for, or on behalf of, the holder any act authorised by the permit. The authority may be given generally or as otherwise provided by the instrument of authority.
	(2)	The holder of a permit must not give an authority unless:
	(a)	the permit contains a condition permitting the holder to do so; and
	(b)	the authority is given in accordance with any requirements set out in the condition.
	(3)	A permit is, for the purposes of this Act, taken to authorise the doing of a particular act by a person if the doing of that act by the person is authorised by an authority given by the holder of the permit.
	(4)	The giving of an authority does not prevent the doing of any act by the holder of the permit.
	(5)	Except as provided in this section, a permit does not authorise the doing of any act by a person for or on behalf of the holder of the permit.
	(6)	A person who gives an authority must give to the Minister written notice of it within 14 days after giving the authority.
220  Transfer of permits
		On the application, in accordance with the regulations, of the holder of a permit, the Minister may, in accordance with the regulations, transfer the permit to another person.
221  Suspension or cancellation of permits
		The Minister may, in accordance with the regulations:
	(a)	suspend a permit for a specified period; or
	(b)	cancel a permit.
222  Fees
		Such fees as are prescribed (if any) are payable in respect of the following:
	(a)	the grant or the transfer of a permit;
	(b)	the variation or revocation of a condition of a permit;
	(c)	the imposition of a further condition of a permit.
Subdivision C—Miscellaneous
223  Regulations
		The regulations may:
	(a)	provide for the transportation, treatment and disposal of members of listed migratory species killed, injured or taken in contravention of this Division; and
	(b)	provide for the methods or equipment by which members of listed migratory species may be killed or taken otherwise than in contravention of this Division; and
	(c)	provide for the gathering and dissemination of information relating to listed migratory species; and
	(d)	provide for the protection and conservation of listed migratory species; and
	(e)	provide for any matter incidental to or connected with any of the above paragraphs.

Division 3—Whales and other cetaceans
Subdivision A—Application of Division
224  Application of Division
	(1)	This Division extends to acts, omissions, matters and things outside Australia (whether in a foreign country or not), except so far as the contrary intention appears.
	(2)	A provision of this Division that has effect in relation to a place outside the outer limits of the Australian Whale Sanctuary applies only in relation to:
	(a)	Australian citizens; and
	(b)	persons who:
	(i)	are not Australian citizens; and
	(ii)	hold permanent visas under the Migration Act 1958; and
	(iii)	are domiciled in Australia or an external Territory; and
	(c)	corporations incorporated in Australia or an external Territory; and
	(d)	the Commonwealth; and
	(e)	Commonwealth agencies; and
	(f)	Australian aircraft; and
	(g)	Australian vessels; and
	(h)	members of crews of Australian aircraft and Australian vessels (including persons in charge of aircraft or vessels).
	(3)	This Division applies to a vessel as if it were an Australian vessel if:
	(a)	the vessel is a boat within the meaning of the Fisheries Management Act 1991; and
	(b)	a declaration, under subsection 4(2) of that Act, that the vessel is taken to be an Australian boat is in force.
Subdivision B—Australian Whale Sanctuary
225  Australian Whale Sanctuary
	(1)	The Australian Whale Sanctuary is established in order to give formal recognition of the high level of protection and management afforded to cetaceans in Commonwealth marine areas and prescribed waters.
	(2)	The Australian Whale Sanctuary comprises:
	(a)	the waters of the exclusive economic zone (other than the coastal waters of a State or the Northern Territory); and
	(b)	so much of the coastal waters of a State or the Northern Territory as are prescribed waters; and
	(c)	any marine or tidal waters that are inside the baseline of the territorial sea adjacent to an external Territory, whether or not within the limits of an external Territory.
Note:	Generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast.
226  Prescribed waters
	(1)	The regulations may declare the whole, or a specified part, of the coastal waters of a State or the Northern Territory to be prescribed waters.
	(2)	Before the Governor‑General makes a regulation under subsection (1), the Minister must obtain the agreement of the relevant Minister of the State or the Northern Territory.
227  Coastal waters
	(1)	Section 15B of the Acts Interpretation Act 1901 does not apply in relation to this Division.
	(2)	The coastal waters of a State or the Northern Territory are:
	(a)	the part or parts of the territorial sea that are:
	(i)	within 3 nautical miles of the baseline of the territorial sea; and
	(ii)	adjacent to that State or Territory; and
	(b)	any marine or tidal waters that are inside that baseline and are adjacent to that State or Territory but are not within the limits of a State or that Territory.
Note:	Generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast.
	(3)	Any part of the territorial sea that is adjacent to the Jervis Bay Territory is, for the purposes of subsection (2), taken to be adjacent to New South Wales.
228  Minister may make declaration for coastal waters
	(1)	If the Minister is satisfied that a law of a State or the Northern Territory adequately protects cetaceans in the coastal waters, or a part of the coastal waters, of the State or Territory, the Minister may make a declaration accordingly, whether or not those coastal waters or that part are prescribed waters.
	(2)	A declaration must be in writing.
Subdivision C—Offences
229  Killing etc. cetaceans
	(1)	Subject to section 231, a person is guilty of an offence if:
	(a)	the person kills, injures, takes, trades, keeps, moves or interferes with a cetacean; and
	(b)	the cetacean is:
	(i)	in the Australian Whale Sanctuary, other than the coastal waters, or a part of the coastal waters, of a State or the Northern Territory for which a declaration under section 228 is in force; or
	(ii)	in waters beyond the outer limits of the Australian Whale Sanctuary.
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
	(2)	Subject to section 231, a person is guilty of an offence if:
	(a)	the person treats a cetacean; and
	(b)	the cetacean has been killed or taken in contravention of subsection (1).
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
	(3)	Strict liability applies to paragraph (1)(b).
Note:	For strict liability, see section 6.1 of the Criminal Code.
	(4)	An offence against subsection (1) or (2) is punishable on conviction by imprisonment for not more than 2 years or a fine not exceeding 1,000 penalty units, or both.
	(5)	In this Act:
interfere with a cetacean includes to harass, chase, herd, tag, mark or brand the cetacean.
treat a cetacean means to divide or cut up, or extract any product from, the cetacean.
230  Possession of cetaceans
	(1)	Subject to section 231, a person is guilty of an offence if:
	(a)	the person has in his or her possession:
	(i)	a cetacean; or
	(ii)	a part of a cetacean; or
	(iii)	a product derived from a cetacean; and
	(b)	the cetacean has been killed, injured or taken in contravention of subsection 229(1).
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
	(2)	An offence against this section is punishable on conviction by imprisonment for not more than 2 years or a fine not exceeding 1,000 penalty units, or both.
231  Sections 229 and 230 do not apply to certain actions
		Sections 229 and 230 do not apply to:
	(a)	an action authorised by a permit that is in force; or
	(b)	an action provided for by, and taken in accordance with, a recovery plan, or a wildlife conservation plan, made or adopted under Division 5 and that is in force; or
	(c)	an action that is taken in a humane manner and is reasonably necessary to relieve or prevent suffering of a cetacean; or
	(d)	an action that is reasonably necessary to prevent a risk to human health; or
	(e)	an action by a Commonwealth agency, or an agency of a State or of a self‑governing Territory, that is reasonably necessary for the purposes of law enforcement; or
	(f)	an action that is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or
	(g)	an action that occurs as a result of an unavoidable accident, other than an accident caused by negligent or reckless behaviour; or
	(h)	in the case of an action taken in relation to a cetacean that is not a member of a listed threatened species—the action was provided for by, and taken in accordance with, a plan of management that is accredited under section 245.
Note:	A defendant bears an evidential burden in relation to the matters in this section. See subsection 13.3(3) of the Criminal Code.
232  Action to be taken on killing etc. cetaceans
	(1)	Subject to subsection (2), this section applies to a person if:
	(a)	the person:
	(i)	kills, injures or takes a cetacean in the Australian Whale Sanctuary other than the coastal waters, or a part of the coastal waters, of a State or the Northern Territory for which a declaration under section 228 is in force; or
	(ii)	kills, injures or takes a cetacean in waters beyond the outer limits of the Australian Whale Sanctuary; or
	(iii)	treats a cetacean that has been killed, injured or taken in contravention of subsection 229(1); and
	(b)	the person’s act does not constitute an offence under section 229.
	(2)	This section does not apply to a person who is the holder of a permit authorising the person’s act.
Note:	A person who is the holder of a permit may be required to give certain notices in accordance with the conditions of the permit.
	(3)	A person must, within 7 days after becoming aware of his or her act, notify the Secretary in writing or by telephone or by use of any other electronic equipment:
	(a)	that the act occurred; and
	(b)	of such other particulars about the act (for example, when and where the act was done) as are prescribed.
	(4)	Subsection (3) does not apply to a person if the person, or any other person or body, is required by or under a law of the Commonwealth to notify the Secretary of the first‑mentioned person’s act.
	(5)	A person is guilty of an offence punishable on conviction by a fine not exceeding 100 penalty units if the person:
	(a)	fails to do an act; and
	(b)	the failing to do the act results in a contravention of subsection (3).
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Subdivision D—Offences relating to unlawful importation
233  Possession of unlawfully imported cetaceans
	(1)	Subject to section 235, a person is guilty of an offence if:
	(a)	the person has in his or her possession:
	(i)	a cetacean; or
	(ii)	a part of a cetacean; or
	(iii)	a product derived from a cetacean; and
	(b)	the cetacean has been unlawfully imported.
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
	(2)	An offence against this section is punishable on conviction by imprisonment for not more than 2 years or a fine not exceeding 1,000 penalty units, or both.
234  Treating unlawfully imported cetaceans
	(1)	Subject to section 235, a person is guilty of an offence if:
	(a)	the person treats a cetacean; and
	(b)	the cetacean has been unlawfully imported.
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
	(2)	An offence against this section is punishable on conviction by imprisonment for not more than 2 years or a fine not exceeding 1000 penalty units, or both.
235  Sections 233 and 234 do not apply to certain actions
		Sections 233 and 234 do not apply to:
	(a)	an action authorised by a permit that is in force; or
	(b)	an action provided for by, and taken in accordance with, a recovery plan, or a wildlife conservation plan, made or adopted under Division 5 and that is in force; or
	(c)	an action that is taken in a humane manner and is reasonably necessary to relieve or prevent suffering by a cetacean; or
	(d)	an action that is reasonably necessary to prevent a risk to human health; or
	(e)	an action by a Commonwealth agency, or an agency of a State or of a self‑governing Territory, that is reasonably necessary for the purposes of law enforcement; or
	(f)	an action that is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or
	(g)	an action that occurs as a result of an unavoidable accident, other than an accident caused by negligent or reckless behaviour.
Note:	A defendant bears an evidential burden in relation to the matters in this section. See subsection 13.3(3) of the Criminal Code.
Subdivision E—Miscellaneous offences
236  Offences relating to foreign whaling vessels
	(1)	The master of a foreign whaling vessel is guilty of an offence if the vessel is brought into a port in Australia or an external Territory and the master has not obtained the written permission of the Minister for the vessel to be brought into the port.
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
	(2)	Subsection (1) is an offence of strict liability.
Note:	For strict liability, see section 6.1 of the Criminal Code.
	(3)	An offence against subsection (1) is punishable on conviction by a fine not exceeding 500 penalty units.
	(4)	Subsection (1) does not apply if:
	(a)	the vessel is brought into the port in accordance with a prescribed agreement between Australia and any other country or countries; or
	(b)	the vessel is brought into the port under the direction of a person exercising powers under a law of the Commonwealth or of a State; or
	(c)	an unforeseen emergency renders it necessary to bring the vessel into the port in order to secure the safety of the vessel or human life.
Note:	A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3) of the Criminal Code.
	(5)	In this Act:
foreign whaling vessel means a vessel, other than an Australian vessel, designed, equipped or used for:
	(a)	killing, taking, treating or carrying whales; or
	(b)	supporting the operations of a vessel or vessels designed, equipped or used for killing, taking, treating or carrying whales.
master, in relation to a foreign whaling vessel, means the person (other than a ship’s pilot) in charge or command of the vessel.
Subdivision F—Permit system
237  Application for permits
	(1)	A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under section 238.
	(2)	The application must be accompanied by the fee prescribed by the regulations (if any).
238  Minister may issue permits
	(1)	Subject to subsections (3) and (4), the Minister may, on application by a person under section 237, issue a permit to the person.
	(2)	A permit authorises its holder to take an action specified in the permit without breaching sections 229, 230, 233 and 234.
	(3)	The Minister must not issue the permit unless satisfied that:
	(a)	the specified action will contribute significantly to the conservation of cetaceans; or
	(b)	if the specified action will interfere with cetaceans, the interference is incidental to, and not the purpose of, the taking of the action and:
	(i)	the taking of the action will not adversely affect the conservation status of a species of cetacean or a population of that species; and
	(ii)	the taking of the action is not inconsistent with a recovery plan or wildlife conservation plan that is in force for a species of cetacean; and
	(iii)	the holder of the permit will take all reasonable steps to minimise the interference with cetaceans; or
	(c)	the specified action is whale watching and is carried out in accordance with the regulations (if any) made for the purposes of this section.
	(4)	The Minister must not grant a permit authorising its holder to kill a cetacean or to take a cetacean for live display.
	(5)	In this Act:
whale watching means any activity conducted for the purpose of observing a whale, including but not limited to being in the water for the purposes of observing or swimming with a whale, or otherwise interacting with a whale.
239  Conditions of permits
	(1)	A permit is subject to such conditions as are specified in the permit or as are imposed under subsection (2).
	(2)	The Minister may, in accordance with the regulations:
	(a)	vary or revoke a condition of a permit; or
	(b)	impose further conditions of a permit.
240  Contravening conditions of a permit
		The holder of a permit is guilty of an offence punishable upon conviction by a fine not exceeding 300 penalty units if:
	(a)	he or she does, or fails to do, an act or thing; and
	(b)	doing, or failing to do, the act or thing results in a contravention of a condition of the permit.
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
241  Authorities under permits
	(1)	Subject to subsection (2), the holder of a permit may give to a person written authority to do for or on behalf of the holder any act authorised by the permit. The authority may be given generally or as otherwise provided by the instrument of authority.
	(2)	The holder of a permit must not give an authority unless:
	(a)	the permit contains a condition permitting the holder to do so; and
	(b)	the authority is given in accordance with any requirements set out in the condition.
	(3)	A permit is, for the purposes of this Act, taken to authorise the doing of a particular act by a person if the doing of that act by the person is authorised by an authority given by the holder of the permit.
	(4)	The giving of an authority does not prevent the doing of any act by the holder of the permit.
	(5)	Except as provided in this section, a permit does not authorise the doing of any act by a person for or on behalf of the holder of the permit.
	(6)	A person who gives an authority must give to the Minister written notice of it within 14 days after giving the authority.
242  Transfer of permits
		On the application, in accordance with the regulations, of the holder of a permit, the Minister may, in accordance with the regulations, transfer the permit to another person.
243  Suspension or cancellation of permits
		The Minister may, in accordance with the regulations:
	(a)	suspend a permit for a specified period; or
	(b)	cancel a permit.
244  Fees
		Such fees as are prescribed (if any) are payable in respect of the following:
	(a)	the grant or the transfer of a permit;
	(b)	the variation or revocation of a condition of a permit;
	(c)	the imposition of a further condition of a permit.
Subdivision G—Miscellaneous
245  Minister may accredit plans of management 
		The Minister may, by instrument in writing, accredit for the purposes of this Division:
	(a)	a plan of management within the meaning of section 17 of the Fisheries Management Act 1991; or
	(b)	a plan of management for a fishery made by a State or self‑governing Territory and that is in force in the State or Territory;
if satisfied that:
	(c)	the plan requires persons engaged in fishing under the plan to take all reasonable steps to ensure that cetaceans are not killed or injured as a result of the fishing; and
	(d)	the fishery to which the plan relates does not, or is not likely to, adversely affect the conservation status of a species of cetacean or a population of that species.
246  Vesting of whales in Commonwealth
	(1)	If:
	(a)	a cetacean is:
	(i)	in the Australian Whale Sanctuary, other than the coastal waters, or a part of the coastal waters, of a State or the Northern Territory for which a declaration under section 228 is in force; or
	(ii)	in waters beyond the outer limits of the Australian Whale Sanctuary; and
	(a)	a person kills, injures or takes the cetacean, whether or not in contravention of this Division;
the cetacean vests, by force of this section, in the Commonwealth.
	(2)	The Commonwealth is not liable in any action, suit or proceedings in respect of any matter relating to a cetacean at any time before the taking of possession of the cetacean by the Commonwealth. 
247  Regulations
		The regulations may:
	(a)	provide for the transportation, treatment and disposal of cetaceans killed, injured or taken in contravention of this Division; and
	(b)	provide for the methods or equipment by which cetaceans may be killed, taken or interfered with otherwise than in contravention of this Division; and
	(c)	provide for the gathering and dissemination of information relating to cetaceans; and
	(d)	provide for the protection and conservation of cetaceans; and
	(e)	provide for any matter incidental to or connected with any of the above paragraphs.

Division 4—Listed marine species
Subdivision A—Listing 
248  Listed marine species 
	(1)	The Minister must, by instrument published in the Gazette, establish a list of marine species for the purposes of this Part.
	(2)	The list, as first established, must contain only the following:
	(a)	all members of the Family Hydrophiidae;
	(b)	all members of the Family Laticaudidae;
	(c)	all members of the Order Pinnipedia;
	(d)	all members of the Genus Crocodylus;
	(e)	all members of the Genus Dugong;
	(f)	all members of the Family Cheloniidae;
	(g)	all members of the Species Dermochelys coriacea;
	(h)	all members of the Family Syngnathidae;
	(i)	all members of the Family Solenostomidae;
	(j)	all members of the Class Aves that occur naturally in Commonwealth marine areas.
	(3)	The Minister must establish the list within 30 days after the commencement of this Act.
	(4)	The Minister must cause a notice summarising the information contained in the instrument to be published in accordance with the regulations (if any).
249  Minister may amend list
	(1)	Subject to this Subdivision, the Minister may, by instrument published in the Gazette, amend the list:
	(a)	by including items in the list; or
	(b)	by deleting items from the list; or
	(c)	by correcting an inaccuracy or updating the name of a marine species.
	(2)	An instrument mentioned in paragraph (1)(a) or (b) 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 an instrument 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.
	(4)	When an instrument is laid before each House of the Parliament in accordance with section 48 of the Acts Interpretation Act 1901, the Minister must cause a statement to be laid before each House with the instrument explaining:
	(a)	in the case of an item that has been included in the list by the instrument—why the item was so included; or
	(b)	in the case of an item that has been deleted from the list by the instrument—why the item was so deleted.
	(5)	The Minister must cause a notice summarising the information contained in an instrument to be published in accordance with the regulations (if any).
250  Adding marine species to the list
	(1)	The Minister must not add a marine species to the list unless:
	(a)	the Minister is satisfied that it is necessary to include the species in the list in order to ensure the long‑term conservation of the species; and
	(b)	the species occurs naturally in a Commonwealth marine area.
	(2)	Before adding a marine species to the list, the Minister must consult with each Minister who has an interest in a Commonwealth marine area where the species occurs naturally.
251  Minister must consider advice from Scientific Committee
	(1)	In deciding whether to add an item to, or delete an item from, the list, the Minister must, in accordance with the regulations (if any), obtain and consider advice from the Scientific Committee on the scientific aspects of the addition or deletion of the item concerned.
	(2)	The Minister must:
	(a)	decide whether to add an item to, or delete an item from, the list; and
	(b)	if the Minister decides to add or delete the item—cause the necessary instrument to be published in the Gazette;
within 90 days after receiving the Scientific Committee’s advice on the addition or deletion of the item.
	(3)	A member of the Scientific Committee 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 90 days unless the disclosure:
	(a)	is for the official purposes of the Scientific Committee; or
	(b)	if an instrument is published in the Gazette relating to an addition or deletion to which the advice relates—occurred after the publication.
252  Minister to make lists available to the public
		The Minister must, in accordance with the regulations (if any), make copies of up‑to‑date lists available for purchase, for a reasonable price, at a prescribed place in each State and self‑governing Territory.
Subdivision B—Permit system
253  Subdivision does not apply to members of certain species and cetaceans
		This Subdivision does not apply to a member of a listed marine species that is a member of a listed migratory species, a member of a listed threatened species or a cetacean.
254  Taking etc. listed marine species
	(1)	Subject to section 255, a person is guilty of an offence if:
	(a)	the person kills, injures, takes, trades, keeps or moves a member of a marine species; and
	(b)	the member is a member of a listed marine species; and
	(c)	the member is in or on a Commonwealth area.
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
	(2)	Subject to section 255, a person is guilty of an offence if:
	(a)	the person trades, keeps or moves a member of a marine species; and
	(b)	the member is a member of a listed marine species; and
	(c)	the member has been taken in or on a Commonwealth area.
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
	(3)	Strict liability applies to paragraphs (1)(c) and (2)(c).
Note:	For strict liability, see section 6.1 of the Criminal Code.
	(4)	An offence against subsection (1) or (2) is punishable on conviction by imprisonment for not more than 2 years or a fine not exceeding 1,000 penalty units, or both.
255  Section 254 does not apply to certain actions
		Section 254 does not apply to:
	(a)	an action authorised by a permit that is in force; or
	(b)	an action provided for by, and taken in accordance with, a wildlife conservation plan made under Division 5 and that is in force; or
	(c)	an action that is covered by an approval in operation under Part 9 for the purposes of subsection 23(1) or (2), or subsection 26(1) or (2); or
	(d)	an action that:
	(i)	is one of a class of actions declared by the Minister under section 33 not to require an approval under Part 9 for the purposes of subsection 23(1) or (2), or subsection 26(1) or (2); and
	(ii)	is taken when the declaration is in operation; or
	(e)	an action that is taken in a humane manner and is reasonably necessary to relieve or prevent suffering by an animal; or
	(f)	an action that is reasonably necessary to prevent a risk to human health; or
	(g)	an action by a Commonwealth agency, or an agency of a State or of a self‑governing Territory, that is reasonably necessary for the purposes of law enforcement; or
	(h)	an action that is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or
	(i)	an action that occurs as a result of an unavoidable accident, other than an accident caused by negligent or reckless behaviour; or
	(j)	an action taken in accordance with a permit issued under regulations made under the Great Barrier Reef Marine Park Act 1975.
	(k)	an action provided for by, and taken in accordance with, a plan of management that is accredited under section 265.
Note:	A defendant bears an evidential burden in relation to the matters in this section. See subsection 13.3(3) of the Criminal Code.
256  Failing to notify unintended taking of listed marine wildlife 
	(1)	Subject to subsection (2), this section applies to a person if:
	(a)	the person kills, injures, takes, trades, keeps or moves a member of a listed marine species; and
	(b)	the member is in or on a Commonwealth area; and
	(c)	the person’s act does not constitute an offence under section 254.
	(2)	This section does not apply to the holder of a permit authorising the person’s act.
Note:	A person who is the holder of a permit may be required to give certain notices in accordance with the conditions of the permit.
	(3)	A person must, within 7 days after becoming aware of his or her act, notify the Secretary in writing or by telephone or by use of any other electronic equipment:
	(a)	that the act has occurred; and
	(b)	of such other particulars about the act (for example, the time and place of the taking) as are prescribed (if any).
	(4)	Subsection (3) does not apply to a person if the person, or any other person or body, is required by or under a law of the Commonwealth to notify the Secretary of the first‑mentioned person’s act.
	(5)	A person is guilty of an offence punishable on conviction by a fine not exceeding 100 penalty units if a person:
	(a)	fails to do an act; and
	(b)	the failing to do the act results in a contravention of subsection (3).
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
257  Application for permits
	(1)	A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under section 258.
	(2)	The application must be accompanied by the fee prescribed by the regulations (if any).
258  Minister may issue permits
	(1)	Subject to subsection (3), the Minister may, on application by a person under section 257, issue a permit to the person.
	(2)	A permit authorises its holder to take the actions specified in the permit without breaching section 254.
	(3)	The Minister must not issue the permit unless satisfied that:
	(a)	the specified action will significantly contribute to the conservation of the listed marine species concerned or other listed marine species; or
	(b)	the impact of the specified action on a member of the listed marine species concerned is incidental to, and not the purpose of, the taking of the action and:
	(i)	the taking of the action will not adversely affect the conservation status of that species or a population of that species; and
	(ii)	the taking of the action is not inconsistent with a wildlife conservation plan for that species that is in force; and
	(iii)	the holder of the permit will take all reasonable steps to minimise the impact of the action on that species; or
	(c)	the specified action is of particular significance to indigenous tradition and will not adversely affect the conservation status of the listed marine species concerned; or
	(d)	the specified action is necessary in order to control pathogens and are conducted in a way that will, so far as is practicable, keep to a minimum any impact on the listed marine species concerned.
259  Conditions of permits
	(1)	A permit is subject to such conditions as are specified in the permit or as are imposed under subsection (2).
	(2)	The Minister may, in accordance with the regulations:
	(a)	vary or revoke a condition of a permit; or
	(b)	impose further conditions of a permit.
260  Contravening conditions of a permit
		The holder of a permit is guilty of an offence punishable upon conviction by a fine not exceeding 300 penalty units if:
	(a)	he or she does, or fails to do, an act or thing; and
	(b)	doing, or failing to do, the act or thing results in a contravention of a condition of the permit.
261  Authorities under permits
	(1)	Subject to subsection (2), the holder of a permit may give to a person written authority to do for or on behalf of the holder any act authorised by the permit. The authority may be given generally or as otherwise provided by the instrument of authority.
	(2)	The holder of a permit must not give an authority unless:
	(a)	the permit contains a condition permitting the holder to do so; and
	(b)	the authority is given in accordance with any requirements set out in the condition.
	(3)	A permit is, for the purposes of this Act, taken to authorise the doing of a particular act by a person if the doing of that act by the person is authorised by an authority given by the holder of the permit.
	(4)	The giving of an authority does not prevent the doing of any act by the holder of the permit.
	(5)	Except as provided in this section, a permit does not authorise the doing of any act by a person for or on behalf of the holder of the permit.
	(6)	A person who gives an authority must give to the Minister written notice of it within 14 days after giving the authority.
262  Transfer of permits
		On the application, in accordance with the regulations, of the holder of a permit, the Minister may, in accordance with the regulations, transfer the permit to another person.
263  Suspension or cancellation of permits
		The Minister may, in accordance with the regulations:
	(a)	suspend a permit for a specified period; or
	(b)	cancel a permit.
264  Fees
		Such fees as are prescribed (if any) are payable in respect of the following:
	(a)	the grant or the transfer of a permit;
	(b)	the variation or revocation of a condition of a permit;
	(c)	the imposition of a further condition of a permit.
Subdivision C—Miscellaneous
265  Minister may accredit plans of management 
		The Minister may, by instrument in writing, accredit for the purposes of this Division:
	(a)	a plan of management within the meaning of section 17 of the Fisheries Management Act 1991; or
	(b)	a plan of management for a fishery made by a State or self‑governing Territory and that is in force in the State or Territory;
if satisfied that:
	(c)	the plan requires persons engaged in fishing under the plan to take all reasonable steps to ensure that members of listed marine species are not killed or injured as a result of the fishing; and
	(d)	the fishery to which the plan relates does not, or is not likely to, adversely affect the conservation status of a listed marine species or a population of that species.
266  Regulations
		The regulations may:
	(a)	provide for the transportation, treatment and disposal of members of listed marine species killed, injured or taken in contravention of this Division; and
	(b)	provide for the methods or equipment by which members of listed marine species may be killed or taken otherwise than in contravention of this Division; and
	(c)	provide for the gathering and dissemination of information relating to listed marine species; and
	(d)	the protection and conservation of listed marine species; and
	(e)	provide for any matter incidental to or connected with any of the above paragraphs.

Division 5—Plans
Subdivision A—Recovery plans and threat abatement plans
267  Recovery plans and threat abatement plans
	(1)	Subject to this section, the Minister must, by instrument in writing, make:
	(a)	a recovery plan for the purposes of the protection, conservation and management of:
	(i)	a listed threatened species (other than a species that is extinct or conservation dependent); or
	(ii)	a listed threatened ecological community; and
	(b)	a threat abatement plan for the purposes of reducing the effect of a key threatening process.
	(2)	Subject to section 277, the Minister may, by instrument in writing, adopt a plan that has been made by a State or a self‑governing Territory, or by an agency of a State or self‑governing Territory (whether or not the plan is in force in the State or self‑governing Territory) as a recovery plan or a threat abatement plan. The Minister may adopt a plan with such modifications as are specified in the instrument.
	(3)	A plan, as modified and adopted under subsection (2), has effect as if the plan had been made by the Minister under subsection (1).
	(4)	The Minister must seek the co‑operation of the States and self‑governing Territories in which:
	(a)	a listed threatened species (other than a species that is extinct or conservation dependent) occurs; or
	(b)	a listed threatened ecological community occurs; or
	(c)	a key threatening process occurs; 
with a view to making jointly with those States and Territories, or agencies of those States or Territories, a joint recovery plan or threat abatement plan unless the species, community or process occurs only in a Commonwealth area.
	(5)	The Minister must not make a recovery plan or threat abatement plan under subsection (1) or (4) unless the plan meets the requirements of section 270 or 271, as the case requires.
	(6)	Before making a recovery plan or a threat abatement plan under subsection (1) or (4), the Minister must:
	(a)	consider the advice of the Scientific Committee given under section 274; and
	(b)	consult about the plan in accordance with sections 275 and 276.
	(7)	A recovery plan or a threat abatement plan comes into force on the day on which it is made or adopted, or on such later day as the Minister specifies in writing.
	(8)	This section does not exclude or limit the concurrent operation of a law of a State or a self‑governing Territory.
268  Compliance with recovery plans and threat abatement plans
		A Commonwealth agency must not take any action that contravenes a recovery plan or a threat abatement plan.
269  Implementing recovery and threat abatement plans
	(1)	Subject to subsection (2), the Commonwealth must implement a recovery plan or threat abatement plan to the extent to which it applies in Commonwealth areas.
	(2)	If a recovery plan or a threat abatement plan applies outside Commonwealth areas in a particular State or self‑governing Territory, the Commonwealth must seek the co‑operation of the State or Territory with a view to implementing the plan jointly with the State or Territory to the extent to which the plan applies in the State or Territory.
270  Content of recovery plans
	(1)	A recovery plan must provide for the research and management actions necessary to stop the decline of, and support the recovery of, the listed threatened species or listed threatened ecological community concerned so that its chances of long‑term survival in nature are maximised.
	(2)	In particular, a recovery plan must:
	(a)	state the objectives to be achieved (for example, removing a species or community from a list, or indefinite protection of existing populations of a species or community); and
	(b)	state criteria against which achievement of the objectives is to be measured (for example, a specified number and distribution of viable populations of a species or community, or the abatement of threats to a species or community); and
	(c)	specify the actions needed to achieve the objectives; and
	(d)	identify the habitats that are critical to the survival of the species or community concerned and the actions needed to protect those habitats; and
	(e)	identify any populations of the species or community concerned that are under particular pressure of survival and the actions needed to protect those populations; and
	(f)	state the estimated duration and cost of the recovery process; and
	(g)	identify:
	(i)	interests that will be affected by the plan’s implementation; and
	(ii)	organisations or persons who will be involved in evaluating the performance of the recovery plan; and
	(h)	specify any major benefits to native species or ecological communities (other than those to which the plan relates) that will be affected by the plan’s implementation; and
	(i)	in the case of a plan for a listed threatened species that is also a listed migratory species, a listed marine species or a species of cetacean—satisfy the requirements of a wildlife conservation plan for that species; and
	(j)	meet prescribed criteria (if any) and contain provisions of a prescribed kind (if any).
	(3)	In making a recovery plan, regard must be had to:
	(a)	the objects of this Act; and
	(b)	the most efficient and effective use of the resources that are allocated for the conservation of species and ecological communities; and
	(c)	minimising any significant adverse social and economic impacts, consistently with the principles of ecologically sustainable development; and
	(d)	meeting Australia’s obligations under international agreements between Australia and one or more countries relevant to the species or ecological community to which the plan relates.
271  Content of threat abatement plans
	(1)	A threat abatement plan must provide for the research, management and other actions necessary to reduce the key threatening process concerned 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, a threat abatement plan must:
	(a)	state the objectives to be achieved; and
	(b)	state criteria against which achievement of the objectives is to be measured; and
	(c)	specify the actions needed to achieve the objectives; and
	(d)	state the estimated duration and cost of the threat abatement process; and
	(e)	identify organisations or persons who will be involved in evaluating the performance of the threat abatement plan; and
	(f)	specify any major ecological matters (other than the species or communities threatened by the key threatening process that is the subject of the plan) that will be affected by the plan’s implementation; and
	(g)	meet prescribed criteria (if any) and contain provisions of a prescribed kind (if any).
	(3)	In making a threat abatement plan, regard must be had to:
	(a)	the objects of this Act; and
	(b)	the most efficient and effective use of the resources that are allocated for the conservation of species and ecological communities; and
	(c)	minimising any significant adverse social and economic impacts consistently with the principles of ecologically sustainable development; and
	(d)	meeting Australia’s obligations under international agreements between Australia and one or more countries relevant to the species or ecological community threatened by the key threatening process that is the subject of the plan.
272  Eradication of non‑native species
		If:
	(a)	the actions specified under paragraph 270(2)(c) in a recovery plan, or under paragraph 271(2)(c) in a threat abatement plan, include the eradication of a non‑native species; and
	(b)	the species is threatened in a country in which its native habitat occurs;
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.
273  Deadlines for preparing plans
	(1)	A recovery plan for a listed threatened species or listed threatened ecological community that occurs only in Commonwealth areas must be made:
	(a)	in the case of a native species listed in Schedule 1 to the Endangered Species Protection Act 1992, for which a recovery plan under that Act was not in force immediately before the commencement of this Act—within the remainder of the period allowed by section 36 of that Act for the preparation of the plan for that species; or
	(b)	in the case of a listed threatened species (other than a native species mentioned in paragraph (a)) in:
	(i)	the critically endangered category—within 2 years after the species in question became included in that category; or 
	(ii)	the endangered category or the extinct in the wild category—within 3 years after the species in question became included in that category; or 
	(iii)	the vulnerable category—within 5 years after the species in question became included in that category; or
	(c)	in the case of an ecological community (if any) listed in Schedule 2 to the Endangered Species Protection Act 1992, for which a recovery plan under that Act was not in force immediately before the commencement of this Act—within the remainder of the period allowed by section 36 of that Act for the preparation of the plan for that community; or
	(d)	in the case of a listed threatened ecological community (other than a community mentioned in paragraph (c)) in:
	(i)	the critically endangered category—within 2 years after the community in question became included in that category; or 
	(ii)	the endangered category—within 3 years after the community in question became included in that category; or 
	(iii)	the vulnerable category—within 5 years after the community in question became included in that category.
	(2)	A recovery plan for a listed threatened species or a listed threatened ecological community that occurs in and outside a Commonwealth area must be made:
	(a)	in the case of a listed threatened species in:
	(i)	the critically endangered category—within 2 years after the species in question became included in that category; or 
	(ii)	the endangered category or the extinct in the wild category—within 3 years after the species in question became included in that category; or 
	(iii)	the vulnerable category—within 5 years after the species in question became included in that category; or
	(b)	in the case of a listed threatened ecological community in:
	(i)	the critically endangered category—within 2 years after the community in question became included in that category; or 
	(ii)	the endangered category—within 3 years after the community in question became included in that category; or 
	(iii)	the vulnerable category—within 5 years after the community in question became included in that category.
	(3)	A threat abatement plan for a key threatening process must be made:
	(a)	in the case of a key threatening process listed in Schedule 3 to the Endangered Species Protection Act 1992, for which a threat abatement plan under that Act was not in force immediately before the commencement of this Act—within the remainder of the period allowed by section 36 of that Act for the preparation of the plan for that key threatening process; or
	(b)	in any other case—within 3 years after the key threatening process became listed.
274  Scientific Committee to advise on plans
	(1)	The Minister must obtain and consider the advice of the Scientific Committee on:
	(a)	the content of recovery and threat abatement plans; and
	(b)	the times within which, and the order in which, such plans should be made.
	(2)	In giving advice about a recovery plan, the Scientific Committee must take into account the following matters:
	(a)	the degree of threat to the survival in nature of the species or ecological community in question;
	(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;
	(f)	the efficient and effective use of the resources allocated to the conservation of species and ecological communities.
	(3)	In giving advice about a threat abatement plan, the Scientific Committee must take into account the following matters:
	(a)	the degree of threat that the key threatening process in question poses to the survival in nature of species and ecological communities;
	(b)	the potential of species and ecological communities so threatened to recover;
	(c)	the efficient and effective use of the resources allocated to the conservation of species and ecological communities.
275  Consultation on plans
	(1)	Before making a recovery plan or threat abatement plan under subsection 267(1) or (4), the Minister must:
	(a)	take reasonable steps to ensure that copies of the proposed plan are available for purchase, for a reasonable price, at prescribed places in each State and self‑governing territory; and
	(b)	give a copy of it, together with a notice of a kind referred to in subsection (2), to the Scientific Committee; and
	(c)	cause the notice to be published:
	(i)	in the Gazette; and
	(ii)	in a daily newspaper that circulates generally in each State, and self‑governing Territory, in which the relevant listed threatened native species, listed threatened ecological community or key threatening process occurs; and
	(iii)	in any other way required by the regulations (if any).
	(2)	The notice must:
	(a)	specify the places where copies of the proposed plan may be purchased; and
	(b)	invite persons to make written comments about the proposed plan; and
	(c)	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.
276  Consideration of comments
		The Minister:
	(a)	must, in accordance with the regulations (if any), consider all comments on a proposed recovery plan or threat abatement plan made in response to an invitation under section 275; and
	(b)	may revise the plan to take account of those comments.
277  Adoption of State plans
	(1)	The Minister must not adopt a plan as a recovery plan or a threat abatement plan under subsection 267(2) unless:
	(a)	the Minister is satisfied that an appropriate level of consultation has been undertaken in making the plan; and
	(b)	the plan meets the requirements of section 270 or 271, as the case requires.
	(2)	Before adopting a plan, the Minister must obtain and consider advice from the Scientific Committee on the content of the plan.
278  Publication, review and variation of plans
	(1)	As soon as practicable after the Minister makes or adopts a recovery plan or a threat abatement plan under section 267, the Minister must:
	(a)	make copies of the plan available for purchase, for a reasonable price, at a prescribed place in each State and self‑governing Territory; and
	(b)	give notice of the making or adopting of each such plan; and
	(c)	publish the notice:
	(i)	in the Gazette; and
	(ii)	in a daily newspaper that circulates generally in each State, and self‑governing Territory; and
	(iii)	in any other way required by the regulations (if any).
	(2)	The notice must:
	(a)	state that the Minister has made or adopted the plan; and
	(b)	specify the day on which the plan comes into force; and
	(c)	specify the places where copies of the plan may be purchased.
279  Variation of plans by the Minister
	(1)	The Minister may, at any time, review a recovery plan or threat abatement plan that has been made or adopted under section 267 and consider whether a variation of it is necessary.
	(2)	Each plan must be reviewed by the Minister at intervals of not longer than 5 years.
	(3)	If the Minister considers that a variation of a plan is necessary, the Minister may, subject to subsections (4), (5), (6) and (7), vary the plan.
	(4)	The Minister must not vary a plan, unless the plan, as so varied, continues to meet the requirements of section 270 or 271, as the case requires.
	(5)	Before varying a plan, the Minister must obtain and consider advice from the Scientific Committee on the content of the variation.
	(6)	If the Minister has made a plan jointly with, or adopted a plan that has been made by, a State or self‑governing Territory, or an agency of a State or self‑governing Territory, the Minister must seek the co‑operation of that State or Territory, or that agency, with a view to varying the plan.
	(7)	Sections 275, 276 and 278 apply to the variation of a plan in the same way that those sections apply to the making of a recovery plan or threat abatement plan.
280  Variation by a State or Territory of joint plans and plans adopted by the Minister
	(1)	If a State or self‑governing Territory varies a plan that:
	(a)	the Minister has made jointly with the State or self‑governing Territory, or an agency of the State or Territory; or
	(b)	has been adopted by the Minister as a recovery plan or a threat abatement plan;
the variation is of no effect for the purposes of this Act unless it is approved by the Minister.
	(2)	Before approving a variation, the Minister must obtain and consider advice from the Scientific Committee on the content of the variation.
	(3)	The Minister must not approve a variation unless satisfied that:
	(a)	an appropriate level of consultation was undertaken in varying the plan; and
	(b)	the plan, as so varied, continues to meet the requirements of section 270 or 271, as the case requires.
	(4)	If the Minister approves a variation of a plan, the plan has effect as so varied on and after the date of the approval, or such later date as the Minister determines in writing.
	(5)	Section 278 applies to the variation of a plan in the same way that it applies to the making of a recovery plan or threat abatement plan.
281  Commonwealth assistance
	(1)	The Commonwealth may give to a State or self‑governing Territory, or to an agency of a State or a self‑governing Territory, financial assistance, and any other assistance, to make or implement a recovery plan or a threat abatement plan.
	(2)	The Commonwealth may give to a person (other than a State or a self‑governing Territory, or an agency of a State or Territory) financial assistance, and any other assistance, to implement a recovery plan or a threat abatement plan.
	(3)	The giving of assistance may be made subject to such conditions as the Minister thinks fit. The Minister is to have regard to the advice of the Scientific Committee under section 282 before determining those conditions.
282  Scientific Committee to advise on assistance
	(1)	The Scientific Committee is to advise the Minister on the conditions (if any) to which the giving of assistance under section 281 should be subject.
	(2)	In giving advice about assistance for making or implementing a recovery plan, the Scientific Committee must take into account the following matters:
	(a)	the degree of threat to the survival in nature of the species or ecological community in question;
	(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;
	(f)	the efficient and effective use of the resources allocated to the conservation of species and ecological communities.
	(3)	In giving advice about assistance for making or implementing threat abatement plan, the Scientific Committee must take into account the following matters:
	(a)	the degree of threat that the key threatening process in question poses to the survival in nature of species and ecological communities;
	(b)	the potential of species and ecological communities so threatened to recover;
	(c)	the efficient and effective use of the resources allocated to the conservation of species and ecological communities.
283  Plans may cover more than one species etc.
	(1)	A recovery plan made or adopted under this Subdivision may deal with one or more listed threatened species and/or one or more listed ecological communities.
	(2)	A threat abatement plan made or adopted under this Subdivision may deal with one or more key threatening processes.
284  Reports on preparation and implementation of plans
		The Secretary must include in each annual report a report on the making and adoption under section 267 of each recovery plan and threat abatement plan during the year to which the report relates.
Subdivision B—Wildlife conservation plans
285  Wildlife conservation plans
	(1)	Subject to this section, the Minister may make, by instrument in writing, and implement a wildlife conservation plan for the purposes of the protection, conservation and management of the following:
	(a)	a listed migratory species that occurs in Australia or an external Territory;
	(b)	 a listed marine species that occurs in Australia or an external Territory;
	(c)	a species of cetacean that occurs in the Australian Whale Sanctuary.
	(2)	The Minister must not make a plan for a listed migratory species, a listed marine species or a species of cetacean that is a listed threatened species.
	(3)	Subject to section 292, the Minister may, by instrument in writing, adopt a plan that has been made by a State or a self‑governing Territory, or by an agency of a State or self‑governing Territory, as a wildlife conservation plan. The Minister may adopt a plan with such modifications as are specified in the instrument.
	(4)	A plan, as modified and adopted under subsection (2), has effect as if the plan had been made by the Minister under subsection (1).
	(5)	The Minister must seek the co‑operation of the States and self‑governing Territories in which:
	(a)	a listed migratory species occurs; or
	(b)	a listed marine species occurs; or
	(c)	a species of cetacean occurs;
with a view to making and implementing jointly with those States and Territories, or agencies of those States or Territories, a joint wildlife conservation plan unless the species occurs only in a Commonwealth area.
	(6)	Before making a wildlife conservation plan under subsection (1) or (5), the Minister must:
	(a)	consider the advice of the Scientific Committee given under section 289; and
	(b)	consult about the plan in accordance with sections 290 and 291.
	(7)	A wildlife conservation plan comes into force on the day on which it is made or adopted, or on such later day as the Minister specifies in writing.
	(8)	This section does not exclude or limit the concurrent operation of a law of a State or a self‑governing Territory.
286  Acting in accordance with wildlife conservation plans
		A Commonwealth agency must take all reasonable steps to act in accordance with a wildlife conservation plan.
287  Content of wildlife conservation plans
	(1)	A wildlife conservation plan must provide for the research and management actions necessary to support survival of the migratory species, marine species or species of cetacean concerned.
	(2)	In particular, a wildlife conservation plan must:
	(a)	state the objectives to be achieved; and
	(b)	state criteria against which achievement of the objectives is to be measured; and
	(c)	specify the actions needed to achieve the objectives; and
	(d)	identify the habitats of the species concerned and the actions needed to protect those habitats; and
	(e)	identify:
	(i)	interests that will be affected by the plan’s implementation; and
	(ii)	organisations or persons who will be involved in evaluating the performance of the plan; and
	(f)	specify any major benefits to migratory species, marine species or species of cetacean (other than those to which the plan relates) that will be affected by the plan’s implementation; and
	(g)	meet prescribed criteria (if any) and contain provisions of a prescribed kind (if any).
	(3)	In making a wildlife conservation plan, regard must be had to:
	(a)	the objects of this Act; and
	(b)	the most efficient and effective use of the resources that are allocated for the conservation of migratory species, marine species and species of cetacean; and
	(c)	minimising any significant adverse social and economic impacts, consistently with the principles of ecologically sustainable development; and
	(d)	meeting Australia’s obligations under international agreements between Australia and one or more countries relevant to the migratory species, marine species or species of cetacean to which the plan relates.
288  Eradication of non‑native species
		If:
	(a)	the actions specified under section 287 in a wildlife conservation plan include the eradication of a non‑native species; and
	(b)	the species is threatened in a country in which its native habitat occurs;
the wildlife conservation plan must require the Commonwealth to offer to provide stock of the species to that country before the eradication proceeds.
289  Scientific Committee to advise on scheduling of plans
	(1)	The Minister may seek advice from the Scientific Committee on the need for wildlife conservation plans and the order in which they should be made.
	(2)	In giving advice under subsection (1), the Scientific Committee must take into account the resources available for making plans.
	(3)	Before making a plan, the Minister must obtain and consider advice from the Scientific Committee on the content of the plan.
290  Consultation on plans
	(1)	Before making a wildlife conservation plan under subsection 285(1) or (5), the Minister must:
	(a)	take reasonable steps to ensure that copies of the proposed plan are available for purchase, for a reasonable price, at prescribed places in each State and self‑governing Territory; and
	(b)	give a copy of it, together with a notice of a kind referred to in subsection (2), to the Scientific Committee; and
	(c)	cause the notice to be published:
	(i)	in the Gazette; and
	(ii)	in a daily newspaper that circulates generally in each State, and self‑governing Territory; and
	(iii)	in any other way required by the regulations (if any).
	(2)	The notice must:
	(a)	specify the places where copies of the proposed plan may be purchased; and
	(b)	invite persons to make written comments about the proposed plan; and
	(c)	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.
291  Consideration of comments
		The Minister:
	(a)	must, in accordance with the regulations (if any), consider all comments on a proposed wildlife conservation plan made in response to an invitation under section 290; and
	(b)	may revise the plan to take account of those comments.
292  Adoption of State plans 
	(1)	The Minister must not adopt a plan as a wildlife conservation plan under subsection 285(3) unless:
	(a)	the Minister is satisfied that an appropriate level of consultation has been undertaken in making the plan; and
	(b)	the plan meets the requirements of section 287.
	(2)	Before adopting a plan, the Minister must obtain and consider advice from the Scientific Committee on the content of the plan.
293  Publication, review and variation of plans
	(1)	As soon as practicable after the Minister makes or adopts a wildlife conservation plan under section 285, the Minister must:
	(a)	make copies of the plan available for purchase, for a reasonable price, at a prescribed place in each State and self‑governing Territory; and
	(b)	give notice of the making or adoption of each such plan; and
	(c)	publish the notice:
	(i)	in the Gazette; and
	(ii)	in a daily newspaper that circulates generally in each State, and self‑governing Territory; and
	(iii)	in any other way required by the regulations (if any).
	(2)	The notice must:
	(a)	state that the Minister has made or adopted the plan; and
	(b)	specify the day on which the plan comes into force; and
	(c)	specify the places where copies of the plan may be purchased.
294  Variation of plans by the Minister
	(1)	The Minister may, at any time, review a wildlife conservation plan that has been made or adopted under section 285 and consider whether a variation of it is necessary.
	(2)	Each plan must be reviewed by the Minister at intervals of not longer than 5 years.
	(3)	If the Minister considers that a variation of a plan is necessary, the Minister may, subject to subsections (4), (5), (6) and (7) vary the plan.
	(4)	The Minister must not vary a plan, unless the plan, as so varied, continues to meet the requirements of section 287.
	(5)	Before varying a plan, the Minister must obtain and consider advice from the Scientific Committee on the content of the variation.
	(6)	If the Minister has made a plan jointly with, or adopted a plan that has been made by, a State or self‑governing Territory, or an agency of a State or self‑governing Territory, the Minister must seek the co‑operation of that State or Territory, or that agency, with a view to varying the plan.
	(7)	Sections 290, 291 and 293 apply to the variation of a plan in the same way that those sections apply to the making of a wildlife conservation plan.
295  Variation by a State or Territory of joint plans and plans adopted by the Minister
	(1)	If a State or self‑governing Territory varies a plan that:
	(a)	the Minister has made jointly with the State or self‑governing Territory, or an agency of the State or Territory; or
	(b)	has been adopted by the Minister as a wildlife conservation plan;
the variation is of no effect for the purposes of this Act unless it is approved by the Minister.
	(2)	Before approving a variation, the Minister must obtain and consider advice from the Scientific Committee on the content of the variation.
	(3)	The Minister must not approve a variation under subsection (1) unless satisfied:
	(a)	an appropriate level of consultation was undertaken in varying the plan; and
	(b)	the plan, as so varied, continues to meet the requirements of section 287.
	(4)	If the Minister approves a variation of a plan, the plan has effect as so varied on and after the date of the approval, or such later date as the Minister determines in writing.
	(5)	Section 293 applies to the variation of a plan in the same way that it applies to the making of a wildlife conservation plan.
296  Commonwealth assistance
	(1)	The Commonwealth may give to a State or self‑governing Territory, or to an agency of a State or a self‑governing Territory, financial assistance, and any other assistance, to make a wildlife conservation plan.
	(2)	The Commonwealth may give to a person (other than a State or a self‑governing Territory, or an agency of a State or Territory) financial assistance, and any other assistance, to implement a wildlife conservation plan.
	(3)	The giving of assistance may be made subject to such conditions as the Minister thinks fit.
297  Plans may cover more than one species etc.
		A wildlife conservation plan made or adopted under this Subdivision may deal with all or any of the following:
	(a)	one or more listed migratory species;
	(b)	one or more listed marine species;
	(c)	one or more species of cetacean.
298  Reports on preparation and implementation of plans
		The Secretary must include in each annual report a report on the making and adoption under section 285 of each wildlife conservation plan during the year to which the report relates.
Subdivision C—Miscellaneous
299  Wildlife conservation plans cease to have effect 
		If:
	(a)	a wildlife conservation plan is in force for all or any of the following:
	(i)	a listed migratory species;
	(ii)	a listed marine species;
	(iii)	a species of cetacean; and
	(b)	the species becomes a listed threatened species;
the wildlife conservation plan ceases to have effect in relation to the species on and from the day on which a recovery plan takes effect for the species.
300  Document may contain more than one plan
	(1)	All or any of the plans made under this Division may be included in the same document. 
	(2)	All or any of the plans adopted under this Division may be included in the same instrument of adoption.

Division 6—Access to biological resources
301  Control of access to biological resources
	(1)	The regulations may provide for the control of access to biological resources in Commonwealth areas.
	(2)	Without limiting subsection (1), the regulations may contain provisions about all or any of the following:
	(a)	the equitable sharing of the benefits arising from the use of biological resources in Commonwealth areas;
	(b)	the facilitation of access to such resources;
	(c)	the right to deny access to such resources;
	(d)	the granting of access to such resources and the terms and conditions of such access.

Division 7—Aid for conservation of species in foreign countries
302  Aid for conservation of species in foreign countries
		On behalf of the Commonwealth, the Minister may give financial assistance to the governments of foreign countries and organisations in foreign countries to help the recovery and conservation, in those countries, of species covered by international agreements to which Australia is a party.

Division 8—Miscellaneous
  
303  Regulations
		The regulations may make provision for the conservation of biodiversity in Commonwealth areas.

Part 14—Conservation agreements
  
304  Object of this Part
		The object of this Part is to provide for:
	(a)	conservation agreements between the Commonwealth and persons related to the protection and conservation of biodiversity; and
	(b)	the effect of conservation agreements; and
	(c)	the publication of conservation agreements.
Conservation agreements are agreements whose primary object is to enhance the conservation of biodiversity. They may relate to private or public land, or to marine areas.
305  Minister may enter into conservation agreements
	(1)	Subject to subsection (2) the Minister may, on behalf of the Commonwealth, enter into an agreement, expressed to be a conservation agreement, with a person for the protection and conservation of biodiversity in the Australian jurisdiction, including:
	(a)	the protection, conservation and management of any listed species or ecological communities, or their habitats; and
	(b)	the abatement of processes, and the mitigation or avoidance of actions that might adversely affect biodiversity.
	(2)	The Minister must not enter into a conservation agreement unless satisfied that:
	(a)	the proposed agreement will result in a net benefit to the conservation of biodiversity; and
	(b)	the proposed agreement is not inconsistent with a recovery plan, threat abatement plan or wildlife conservation plan.
	(3)	For the purposes of paragraph (2)(a), in deciding whether a proposed agreement will result in a net benefit to biodiversity conservation, the Minister must have regard to the prescribed matters (if any).
306  Content of conservation agreements
	(1)	Without limiting section 305, a conservation agreement may provide, for example, for all or any of the following:
	(a)	activities that promote the protection and conservation of biodiversity;
	(b)	controlling or prohibiting, in any place covered by the agreement, actions or processes that might adversely affect the species, ecological communities, habitats or potential habitats covered by the agreement;
	(c)	requiring a person bound by the agreement not to obstruct access by a person authorised under the agreement to places covered by the agreement for the purpose of monitoring compliance with the agreement;
	(d)	requiring a person bound by the agreement to give such an authorised person information requested by the authorised person that is in the first‑mentioned person’s control and is relevant to compliance with the agreement;
	(e)	requiring the Commonwealth to provide financial, technical or other assistance to a person bound by the agreement;
	(f)	declaring that specified actions taken in a specified manner, or in other specified circumstances, do not require approval under Part 9 for the purpose of a specified provision of Part 3;
	(g)	the commencement and duration of the agreement.
	(2)	Without limiting section 305 or subsection (1) of this section, a conservation agreement entered into with the owner of a place may provide, for example, for all or any of the following:
	(a)	requiring the owner to carry out specified activities, or to do specified things, that promote the conservation of biodiversity;
	(b)	restricting the use of the place, or requiring the owner to refrain from, control or refuse to permit, actions or processes that may adversely affect the species, ecological communities, habitats or potential habitats covered by the agreement;
	(c)	requiring the owner to permit access to the place by specified persons;
	(d)	requiring the owner to contribute towards costs incurred in implementing the agreement;
	(e)	specifying the manner in which any money paid to the owner under the agreement is to be applied by the owner;
	(f)	requiring the owner to repay to the Commonwealth any money paid to the owner under the agreement if the owner commits a specified breach of the agreement or in other specified circumstances;
	(g)	providing for any other matter relating to the conservation or enhancement of the place, including the preparation and implementation of a plan of management for the place.
307  Conservation agreements to be legally binding
		A conservation agreement is legally binding on:
	(a)	the Commonwealth; and
	(b)	the person or persons with whom the Minister entered into the agreement on behalf of the Commonwealth; and
	(c)	anyone else who is a successor to the whole or any part of any interest that a person mentioned in paragraph (b) had, when the agreement was entered into, in any place covered by the agreement.
308  Variation and termination of conservation agreements
	(1)	A conservation agreement may be varied by a variation agreement entered into by the Minister, on behalf of the Commonwealth, and the other party or parties to the conservation agreement.
	(2)	Sections 305 and 306 apply in relation to variation agreements in the same way as they apply in relation to conservation agreements.
	(3)	A conservation agreement may be terminated:
	(a)	by agreement between the Minister, on behalf of the Commonwealth, and the other party or parties to the agreement; or
	(b)	in such other manner, or in such circumstances (if any), as the agreement specifies.
	(4)	If the Minister is satisfied that a conservation agreement is not capable of achieving its purpose, the Minister may, by order published in the Gazette, terminate the agreement or vary it in any way the Minister thinks necessary to ensure it becomes capable of achieving its purpose.
	(5)	The Minister may make an order under subsection (4) in relation to a conservation agreement without the agreement of the other party or parties to the agreement.
	(6)	The Minister must cause a copy of an order to be laid before each House of the Parliament within the prescribed period after the publication of the order.
	(7)	If a conservation agreement is varied by an order, the other party or parties to the agreement may, by written notice given to the Minister, terminate the agreement.
	(8)	If a conservation agreement is terminated or varied by an order, the other party or parties to the agreement are not entitled to any compensation in respect of the termination or variation.
Note:	See Parts 17 and 18 for remedies for breach of conservation agreements.
309  Publication of conservation agreements
	(1)	As soon as practicable after a conservation agreement has been entered into or varied, other than by an order under subsection 308(4), the Minister must:
	(a)	take reasonable steps to ensure that copies of the agreement or variation are available for purchase, for a reasonable price, at a prescribed place in each State and self‑governing Territory; and
	(b)	cause a notice of the agreement or variation to be published:
	(i)	in the Gazette; and
	(ii)	in any other way required by the regulations.
	(2)	The notice must:
	(a)	state that the agreement or variation has been entered into or made; and
	(b)	specify the places where copies of the agreement or variation may be purchased.
	(3)	Subsection (1) does not apply in relation to a conservation agreement, or a variation of such an agreement, or any part of such an agreement or variation, if the Minister is satisfied that disclosure of the agreement or variation, or the part of the agreement or variation, as the case may be, would:
	(a)	result in harm being done to components of biodiversity; or
	(b)	disclose matters that are commercial‑in‑confidence.
310  List of conservation agreements
		The Minister must:
	(a)	maintain an up‑to‑date list of conservation agreements that are in force; and
	(b)	take reasonable steps to ensure that copies of the list are available for purchase, for a reasonable price, at a prescribed place in each State and self‑governing Territory.
311  Commonwealth, State and Territory laws
	(1)	A provision of a conservation agreement has no effect to the extent (if any) to which it is inconsistent with a law of the Commonwealth, or of a State or Territory.
	(2)	For the purposes of subsection (1), a provision of a conservation agreement is not taken to be inconsistent with a law of the Commonwealth, or of a State or Territory, if both the provision and the law are capable of being complied with.
312  Minister must not give preference
		The Minister must not, in exercising powers on behalf of the Commonwealth under this Part, give preference to one State or any part thereof within the meaning of section 99 of the Constitution.

Part 15—Protected areas
Division 1—Managing World Heritage properties
Subdivision A—Simplified outline of this Division
313  Simplified outline of this Division
		The following is a simplified outline of this Division:
The Commonwealth may submit a property for inclusion in the World Heritage List only after seeking the agreement of relevant States, self‑governing Territories and land‑holders.
The Minister must make plans for managing properties on the World Heritage List that are entirely in Commonwealth areas. The Commonwealth and Commonwealth agencies must not contravene such plans.
The Commonwealth must try to prepare and implement management plans for other properties on the World Heritage List, in co‑operation with the relevant States and self‑governing Territories.
The Commonwealth and Commonwealth agencies have duties relating to World Heritage properties in States and Territories.
The Commonwealth can provide assistance for the protection or conservation of declared World Heritage properties.
Note:	Section 12 prohibits an action that has a significant impact on the world heritage values of a declared World Heritage property, unless the person taking the action has the approval of the Minister administering that section or certain other requirements are met.
Subdivision B—Seeking agreement on World Heritage listing
314  Special provisions relating to World Heritage nominations
	(1)	The Commonwealth may submit to the World Heritage Committee for inclusion in the World Heritage List a property containing an area owned or occupied by another person only if the Minister is satisfied that the Commonwealth has used its best endeavours to reach agreement with the other person on:
	(a)	the proposed submission of the property (so far as it relates to the area); and
	(b)	management arrangements for the property (so far as they relate to the area).
	(2)	The Commonwealth may submit to the World Heritage Committee for inclusion in the World Heritage List a property in a State or self‑governing Territory only if the Minister is satisfied that the Commonwealth has used its best endeavours to reach agreement with the State or Territory on:
	(a)	the proposed submission of the property; and
	(b)	management arrangements for the property.
	(3)	A failure to comply with this section does not affect the submission of a property to the World Heritage Committee for inclusion in the World Heritage List or the status of a property as a declared World Heritage property.
Subdivision C—Notice of submission of property for listing
315  Minister must give notice of submission of property for listing etc.
	(1)	The Minister must give notice in the Gazette and in the way (if any) prescribed by the regulations of any of the following events as soon as practicable after the event occurs:
	(a)	the Commonwealth submits a property to the World Heritage Committee for inclusion in the World Heritage List;
	(b)	the Commonwealth extends the boundaries of a property submitted to the World Heritage Committee for inclusion in the World Heritage List;
	(c)	the Commonwealth restricts the boundaries of a property submitted to the World Heritage Committee for inclusion in the World Heritage List;
	(d)	the Commonwealth withdraws the submission of a property for inclusion in the World Heritage List;
	(e)	a property submitted by the Commonwealth is included in the World Heritage List;
	(f)	all or part of a property is removed from the World Heritage List.
	(2)	The notice must specify the area included in, or excluded or deleted from, the submission or World Heritage List as a result of the event.
	(3)	A failure to comply with this section does not affect the status of an area as a declared World Heritage property.
Subdivision D—Plans for listed World Heritage properties in Commonwealth areas
316  Making plans
Minister must make plan
	(1)	The Minister must make a written plan for managing a property that is included in the World Heritage List and is entirely within one or more Commonwealth areas. The Minister must do so as soon as practicable after the property:
	(a)	is included in the World Heritage List; or
	(b)	becomes entirely within one or more Commonwealth areas.
Amending and replacing plan
	(2)	The Minister may make a written plan amending, or revoking and replacing, a plan made under subsection (1) or this subsection.
Requirements for plan
	(3)	A plan must not be inconsistent with:
	(a)	Australia’s obligations under the World Heritage Convention; or
	(b)	any Australian World Heritage management principles.
Note:	Section 323 explains what Australian World Heritage management principles are.
Ensuring plans reflect current management principles
	(4)	If the Australian World Heritage management principles change so that a plan (the earlier plan) is inconsistent with them, the Minister must make another plan:
	(a)	amending the earlier plan so it is not inconsistent with them; or
	(b)	revoking and replacing the earlier plan.
Plan may be in same document as another plan
	(5)	To avoid doubt, a plan under this section for a property may be in the same document as:
	(a)	a plan under this section for another property; or
	(b)	a plan that this Act or another law of the Commonwealth requires or permits to be prepared.
Commonwealth reserves
	(6)	Despite subsections (1) and (2), the Minister may not make a plan for so much of a property as is in a Commonwealth reserve.
Note:	A management plan must be prepared under Division 4 for a Commonwealth reserve, taking account of Australia’s obligations under the World Heritage Convention.
Heard Island and McDonald Islands
	(7)	Despite subsections (1) and (2), the Minister may not make a plan for so much of a property as is in the Territory of Heard Island and McDonald Islands and covered by a plan:
	(a)	that is in operation under the Environment Protection and Management Ordinance 1987 of that Territory; and
	(b)	that the Minister is satisfied is not inconsistent with:
	(i)	Australia’s obligations under the World Heritage Convention; or
	(ii)	any Australian World Heritage management principles.
317  Notice of plans
		The Minister must give notice of the making of a plan under section 316, in accordance with the regulations.
318  Compliance with plans
		The Commonwealth or a Commonwealth agency must not contravene a plan made by the Minister under section 316.
319  Review of plans every 5 years
	(1)	The Minister must cause a review of a plan made under section 316 to be carried out at least once in each period of 5 years after the plan is made.
	(2)	The review must consider whether the plan is consistent with the Australian World Heritage management principles (if any) in force at the time.
Note:	Section 323 explains what Australian World Heritage management principles are.
Subdivision E—Managing World Heritage properties in States and self‑governing Territories
320  Application
		This Subdivision applies in relation to a property that:
	(a)	is:
	(i)	in a State; or
	(ii)	in a self‑governing Territory; or
	(iii)	on, over or under the seabed vested in a State by the Coastal Waters (State Title) Act 1980 or in the Northern Territory by the Coastal Waters (Northern Territory Title) Act 1980; and
	(b)	is not entirely within one or more Commonwealth areas.
321  Co‑operating to prepare and implement plans
	(1)	This section applies in relation to a property that is included in the World Heritage List.
	(2)	The Commonwealth must use its best endeavours to ensure a plan for managing the property in a way that is not inconsistent with Australia’s obligations under the World Heritage Convention or any Australian World Heritage management principles is prepared and implemented in co‑operation with the State or Territory.
Note:	The Commonwealth and the State or Territory could make a bilateral agreement adopting the plan and providing for its implementation.
322  Commonwealth responsibilities
	(1)	This section applies in relation to a property that is a declared World Heritage property.
	(2)	The Commonwealth and each Commonwealth agency must take all reasonable steps to ensure it exercises its powers and performs its functions in relation to the property in a way that is not inconsistent with:
	(a)	the World Heritage Convention; and
	(b)	any Australian World Heritage management principles; and
	(c)	if the property is on the World Heritage List and a plan for managing the property has been prepared as described in section 321—that plan.
Subdivision F—Australian World Heritage management principles
323  Australian World Heritage management principles
	(1)	The Australian World Heritage management principles are the principles (if any) prescribed by the regulations for management of natural heritage and cultural heritage.
	(2)	Before the Governor‑General makes regulations prescribing principles, the Minister must be satisfied that the principles to be prescribed are consistent with Australia’s obligations under the World Heritage Convention.
Subdivision G—Assistance for protecting World Heritage properties
324  Commonwealth assistance for protecting declared World Heritage properties
	(1)	The Commonwealth may give financial or other assistance for the protection or conservation of a declared World Heritage property to:
	(a)	a State or self‑governing Territory in which the property occurs; or
	(b)	any other person.
	(2)	The giving of assistance may be made subject to such conditions as the Minister thinks fit.

Division 2—Managing wetlands of international importance
Subdivision A—Simplified outline of this Division
325  Simplified outline of this Division
		The following is a simplified outline of this Division:
The Commonwealth may designate a wetland for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention only after seeking the agreement of relevant States, self‑governing Territories and land‑holders.
The Minister must make plans for managing wetlands listed under the Ramsar Convention that are entirely in Commonwealth areas. The Commonwealth and Commonwealth agencies must not contravene such plans.
The Commonwealth must try to prepare and implement management plans for other wetlands listed under the Ramsar Convention, in co‑operation with the relevant States and self‑governing Territories.
The Commonwealth and Commonwealth agencies have duties relating to declared Ramsar wetlands in States and Territories.
The Commonwealth can provide assistance for the protection or conservation of declared Ramsar wetlands.
Note:	Section 16 prohibits an action that has a significant impact on an internationally important wetland, unless the person taking the action has the approval of the Minister administering that section or certain other requirements are met.
Subdivision B—Seeking agreement on Ramsar designation
326  Commonwealth must seek agreement before designation
	(1)	The Commonwealth may designate for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention a wetland containing an area owned or occupied by another person only if the Minister is satisfied that the Commonwealth has used its best endeavours to reach agreement with the other person on:
	(a)	the proposed designation of the wetland (so far as it relates to the area); and
	(b)	management arrangements for the wetland (so far as they relate to the area).
	(2)	The Commonwealth may designate a wetland in a State or self‑governing Territory for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention only if the Minister is satisfied that the Commonwealth has used its best endeavours to reach agreement with the State or Territory on:
	(a)	the proposed submission of the wetland; and
	(b)	management arrangements for the wetland.
	(3)	A failure to comply with this section does not affect the designation of a wetland for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention or the status of a wetland as a declared Ramsar wetland.
Subdivision C—Notice of designation of wetland
327  Minister must give notice of designation of wetland etc.
	(1)	The Minister must give notice in the Gazette and in the way (if any) prescribed by the regulations of any of the following events as soon as practicable after the event occurs:
	(a)	the Commonwealth designates a wetland for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention;
	(b)	the Commonwealth extends the boundaries of a wetland it has included in the List;
	(c)	the Commonwealth restricts the boundaries of a wetland it has included in the List;
	(d)	the Commonwealth deletes from the List a wetland it previously included in the List.
	(2)	The notice must specify the area included in, or excluded or deleted from, the List as a result of the event.
	(3)	A failure to comply with this section does not affect the status of an area as a declared Ramsar wetland.
Subdivision D—Plans for listed wetlands in Commonwealth areas
328  Making plans
Minister must make plan
	(1)	The Minister must make a written plan for managing a wetland that is included in the List of Wetlands of International Importance kept under the Ramsar Convention and is entirely within one or more Commonwealth areas. The Minister must do so as soon as practicable after the wetland:
	(a)	is included in the List; or
	(b)	becomes entirely within one or more Commonwealth areas.
Amending and replacing plan
	(2)	The Minister may make a written plan amending, or revoking and replacing, a plan made under subsection (1) or this subsection.
Requirements for plan
	(3)	A plan must not be inconsistent with:
	(a)	Australia’s obligations under the Ramsar Convention; or
	(b)	any Australian Ramsar management principles.
Note:	Section 335 explains what Australian Ramsar management principles are.
Ensuring plans reflect current management principles
	(4)	If the Australian Ramsar management principles change so that a plan (the earlier plan) is inconsistent with them, the Minister must make another plan:
	(a)	amending the earlier plan so it is not inconsistent with them; or
	(b)	revoking and replacing the earlier plan.
Plan may be in same document as another plan
	(5)	To avoid doubt, a plan under this section for a wetland may be in the same document as:
	(a)	a plan under this section for another wetland; or
	(b)	a plan that this Act or another law of the Commonwealth requires or permits to be prepared.
Commonwealth reserves
	(6)	Despite subsections (1) and (2), the Minister may not make a plan for so much of a wetland as is in a Commonwealth reserve.
Note:	A management plan must be prepared under Division 4 for a Commonwealth reserve, taking account of Australia’s obligations under the Ramsar Convention.
Heard Island and McDonald Islands
	(7)	Despite subsections (1) and (2), the Minister may not make a plan for so much of a wetland as is in the Territory of Heard Island and McDonald Islands and covered by a plan:
	(a)	that is in operation under the Environment Protection and Management Ordinance 1987 of that Territory; and
	(b)	that the Minister is satisfied is not inconsistent with:
	(i)	Australia’s obligations under the Ramsar Convention; or
	(ii)	any Australian Ramsar management principles.
329  Notice of plans
		The Minister must give notice of the making of a plan under section 328, in accordance with the regulations.
330  Compliance with plans
		The Commonwealth or a Commonwealth agency must not contravene a plan made by the Minister under section 328.
331  Review of plans every 5 years
	(1)	The Minister must cause a review of a plan made under section 328 to be carried out at least once in each period of 5 years after the plan is made.
	(2)	The review must consider whether the plan is consistent with the Australian Ramsar management principles (if any) in force at the time.
Note:	Section 335 explains what Australian Ramsar management principles are.
Subdivision E—Management of wetlands in States and self‑governing Territories
332  Application
	(1)	This section applies in relation to a wetland that:
	(a)	is:
	(i)	in a State; or
	(ii)	in a self‑governing Territory; or
	(iii)	on, over or under the seabed vested in a State by the Coastal Waters (State Title) Act 1980 or in the Northern Territory by the Coastal Waters (Northern Territory Title) Act 1980; and
	(b)	is not entirely within one or more Commonwealth areas.
333  Co‑operating to prepare and implement plans
	(1)	This section applies in relation to a wetland that is included in the List of Wetlands of International Importance kept under the Ramsar Convention.
	(2)	The Commonwealth must use its best endeavours to ensure a plan for managing the wetland in a way that is not inconsistent with Australia’s obligations under the Ramsar Convention or any Australian Ramsar management principles is prepared and implemented in co‑operation with the State or Territory.
Note:	The Commonwealth and the State or Territory could make a bilateral agreement adopting the plan and providing for its implementation.
334  Commonwealth responsibilities
	(1)	This section applies in relation to a wetland that is a declared Ramsar wetland.
	(2)	The Commonwealth and each Commonwealth agency must take all reasonable steps to ensure it exercises its powers and performs its functions in relation to the wetland in a way that is not inconsistent with:
	(a)	the Ramsar Convention; and
	(b)	the Australian Ramsar management principles (if any); and
	(c)	if the wetland is included in the List of Wetlands of International Importance kept under the Ramsar Convention and a plan for managing the property has been prepared as described in section 333—that plan.
Subdivision F—Australian Ramsar management principles
335  Australian Ramsar management principles
	(1)	The Australian Ramsar management principles are the principles (if any) prescribed by the regulations for management of wetlands included in the List of Wetlands of International Importance kept under the Ramsar Convention.
	(2)	Before the Governor‑General makes regulations prescribing principles, the Minister must be satisfied that the principles to be prescribed are consistent with Australia’s obligations under the Ramsar Convention.
Subdivision G—Assistance for protecting wetlands
336  Commonwealth assistance for protecting declared Ramsar wetlands
	(1)	The Commonwealth may give financial or other assistance for the protection or conservation of a declared Ramsar wetland to:
	(a)	a State or self‑governing Territory in which the wetland occurs; or
	(b)	any other person.
	(2)	The giving of assistance may be made subject to such conditions as the Minister thinks fit.

Division 3—Managing Biosphere reserves
337  Definition of Biosphere reserve
		A Biosphere reserve is an area designated for inclusion in the World Network of Biosphere Reserves by the International Co‑ordinating Council of the Man and the Biosphere program of the United Nations Educational, Scientific and Cultural Organization.
338  Planning for management of Biosphere reserves
	(1)	The Minister may make and implement a written plan for managing a Biosphere reserve, or a part of a Biosphere reserve, entirely within one or more Commonwealth areas. The plan must not be inconsistent with any Australian Biosphere reserve management principles.
	(2)	The Commonwealth may co‑operate with a State or self‑governing Territory to prepare and implement a plan for managing a Biosphere reserve in the State or Territory. The plan must not be inconsistent with any Australian Biosphere reserve management principles.
339  Commonwealth activities in Biosphere reserves
		The Commonwealth and each Commonwealth agency must take all reasonable steps to ensure that it exercises its powers and performs its functions in relation to a Biosphere reserve in a way that is not inconsistent with:
	(a)	any Australian Biosphere reserve management principles; or
	(b)	a plan prepared as described in section 338 for managing the Biosphere reserve.
340  Australian Biosphere reserve management principles
	(1)	The Australian Biosphere reserve management principles are the principles (if any) prescribed by the regulations for management of Biosphere reserves.
	(2)	Before the Governor‑General makes regulations prescribing principles, the Minister must be satisfied that the principles to be prescribed are consistent with the Statutory Framework of the World Network of Biosphere Reserves established under the Man and the Biosphere program of the United Nations Educational, Scientific and Cultural Organization.
341  Commonwealth assistance for protecting Biosphere reserves
	(1)	The Commonwealth may give financial or other assistance for the protection or conservation of a Biosphere reserve to:
	(a)	a State or self‑governing Territory in which the reserve or part of the reserve occurs; or
	(b)	any other person.
	(2)	The giving of assistance may be made subject to such conditions as the Minister thinks fit.

Division 4—Commonwealth reserves
Subdivision A—Simplified outline of this Division
342  Simplified outline of this Division
		The following is a simplified outline of this Division:
Commonwealth reserves can be declared over areas of land or sea:
	(a)	that the Commonwealth owns or leases; or
	(b)	that are in a Commonwealth marine area; or
	(c)	outside Australia that the Commonwealth has international obligations to protect.
A Proclamation must assign the reserve to a particular category, that affects how the reserve is managed and used.
Some activities can be undertaken in a reserve only if a management plan provides for them. Commonwealth agencies must comply with a management plan. Regulations can be made to control a wide range of activities in reserves.
The Minister may approve a management plan prepared by the Secretary and any Board for a reserve.
In agreement with indigenous people, the Minister can set up a Board for a reserve including land leased from indigenous people.
Subdivision B—Declaring and revoking Commonwealth reserves
343  Simplified outline of this Subdivision
		The following is a simplified outline of this Subdivision:
The Governor‑General can proclaim Commonwealth reserves over areas of land or sea:
	(a)	that the Commonwealth owns; or
	(b)	that the Commonwealth leases; or
	(c)	that are in a Commonwealth marine area; or
	(d)	outside Australia that the Commonwealth has international obligations to protect.
A Proclamation must assign the reserve to a particular category that affects how the reserve is managed and used.
Proclamations can be made to alter and revoke reserves.
The Secretary must consult publicly before some Proclamations are made.
344  Declaring Commonwealth reserves
Declaring a Commonwealth reserve
	(1)	The Governor‑General may, by Proclamation, declare as a Commonwealth reserve:
	(a)	an area of land:
	(i)	that is owned by the Commonwealth in a Territory; or
	(ii)	that is owned by the Commonwealth outside a Territory; or
	(iii)	that is held under lease by the Commonwealth in a Territory; or
	(iv)	that is held under lease by the Commonwealth outside a Territory; or
	(v)	outside Australia and in respect of which Australia has obligations relating to biodiversity or heritage under an agreement with one or more other countries that may appropriately be met by declaring the area a Commonwealth reserve; or
	(b)	an area of sea:
	(i)	in a Commonwealth marine area; or
	(ii)	outside Australia and in respect of which Australia has obligations relating to biodiversity or heritage under an agreement with one or more other countries that may appropriately be met by declaring the area a Commonwealth reserve; or
	(c)	an area of land described in paragraph (a) and sea described in paragraph (b).
Note 1:	Section 351 sets out some prerequisites for making Proclamations.
Note 2:	A reference to Australia generally includes its coastal sea. See section 15B of the Acts Interpretation Act 1901.
Limits on acquiring land for reservation
	(2)	If land:
	(a)	is in:
	(i)	a State or self‑governing Territory (except the Northern Territory); or
	(ii)	the Northern Territory outside both Uluru‑Kata Tjuta National Park and the Alligator Rivers Region (as defined by the Environment Protection (Alligator Rivers Region) Act 1978); and
	(b)	is dedicated or reserved under a law of the State or Territory for purposes related to nature conservation or the protection of areas of historical, archaeological or geological importance or of areas having special significance in relation to indigenous persons;
the Commonwealth must not acquire the land for the purposes of declaring it a Commonwealth reserve, without the consent of the State or Territory.
Uluru‑Kata Tjuta National Park
	(3)	Uluru‑Kata Tjuta National Park is the Commonwealth reserve (as it exists from time to time) to which the name Uluru‑Kata Tjuta National Park was given by Proclamation continued in force by the Environmental Reform (Consequential Provisions) Act 1998.
345  Extent of Commonwealth reserve
	(1)	A Commonwealth reserve includes:
	(a)	land or seabed to the depth stated in the Proclamation declaring the Commonwealth reserve; and
	(b)	the waters and seabed under any sea in the area declared as a Commonwealth reserve.
	(2)	In this Act:
land includes subsoil of land and any body of water (whether flowing or not) except the sea.
seabed includes:
	(a)	the surface of a coral formation; and
	(b)	subsoil of seabed (including coral beneath the surface of a coral formation).
346  Content of Proclamation declaring Commonwealth reserve
Content of Proclamation
	(1)	The Proclamation declaring an area to be a Commonwealth reserve must:
	(a)	give a name to the reserve; and
	(b)	state the purposes for which the reserve is declared; and
	(c)	state the depth of any land included in the reserve; and
	(d)	state the depth of the seabed that is under any sea included in the reserve; and
	(e)	assign the reserve to one of the following categories (the IUCN categories):
	(i)	strict nature reserve;
	(ii)	wilderness area;
	(iii)	national park;
	(iv)	natural monument;
	(v)	habitat/species management area;
	(vi)	protected landscape/seascape;
	(vii)	managed resource protected area.
Assigning different zones of a reserve to different IUCN categories
	(2)	A Proclamation may also divide a reserve into zones and assign each zone to an IUCN category.
Assigning leasehold land to IUCN categories
	(3)	Before the Governor‑General makes a Proclamation assigning a Commonwealth reserve or zone including land or seabed held by the Commonwealth under lease to a particular IUCN category, the Minister must be satisfied that the category to which it is proposed to assign the reserve or zone is consistent with the terms of the lease.
347  Assigning Commonwealth reserves and zones to IUCN categories
Prerequisite to making Proclamation
	(1)	Before the Governor‑General makes a Proclamation assigning a Commonwealth reserve, or a zone within a Commonwealth reserve, to a particular IUCN category, the Minister must be satisfied:
	(a)	that the reserve or zone:
	(i)	has the characteristics listed in subsection (2) for the category; and
	(ii)	meets the criteria (if any) prescribed by the regulations for the category; and
	(b)	if there are Australian IUCN reserve management principles for the category—that the reserve or zone should be managed in accordance with those principles.
Characteristics for IUCN categories
	(2)	The characteristics are as follows:
	(a)	for a strict nature reserve—the Commonwealth reserve or zone contains some outstanding or representative ecosystems, geological or physiological features or species;
	(b)	for a wilderness area—the Commonwealth reserve or zone consists of a large area of land, sea or both that:
	(i)	is unmodified, or only slightly modified, by modern or colonial society; and
	(ii)	retains its natural character; and
	(iii)	does not contain permanent or significant habitation;
	(c)	for a national park—the Commonwealth reserve or zone consists of an area of land, sea or both in natural condition;
	(d)	for a natural monument—the Commonwealth reserve or zone contains a specific natural feature, or natural and cultural feature, of outstanding value because of its rarity, representativeness, aesthetic quality or cultural significance;
	(e)	for a habitat/species management area—the Commonwealth reserve or zone contains habitat for one or more species; and
	(f)	for a protected landscape/seascape—the Commonwealth reserve or zone contains an area of land (with or without sea) where the interaction of people and nature over time has given the area a distinct character with significant aesthetic, cultural or ecological value;
	(g)	for a managed resource protected area—the Commonwealth reserve or zone contains natural systems largely unmodified by modern or colonial technology.
348  Australian IUCN reserve management principles
	(1)	The Australian IUCN reserve management principles for an IUCN category are the principles (if any) prescribed by the regulations for that category.
	(2)	The principles prescribed for an IUCN category must identify the purpose or purposes for which a Commonwealth reserve, or zone of a Commonwealth reserve, assigned to the category is primarily to be managed.
349  Proclamations assigning reserve or zone to wilderness area category may affect management
		A Proclamation assigning a Commonwealth reserve, or a zone of a Commonwealth reserve, to the IUCN category of wilderness area may contain provisions regulating the circumstances in which, and the manner in which, the Secretary or his or her agent may do one of the following acts if there is not a management plan in operation for the reserve:
	(a)	carry on an excavation;
	(b)	erect a building or other structure;
	(c)	carry out works;
	(d)	fell or take timber;
	(e)	establish a track;
	(f)	use a vehicle, aircraft or vessel;
	(g)	inundate land by means of a dam or other works for affecting the flow of water (whether they are inside or outside the reserve or zone);
	(h)	extract water by canals or other works for affecting the flow of water (whether they are inside or outside the reserve or zone).
350  Revocation and alteration of Commonwealth reserves
	(1)	The Governor‑General may revoke or amend a Proclamation under this Subdivision by another Proclamation.
Note:	Section 351 sets out some prerequisites for making Proclamations.
	(2)	Before the Governor‑General makes a Proclamation that results in land, sea or seabed ceasing to be included in a Commonwealth reserve, the Minister must be satisfied:
	(a)	that the Proclamation, if made, would be in accordance with a resolution passed by each House of Parliament on a motion; and
	(b)	that notice of the motion was given at least 15 sitting days of that House before the motion was moved.
	(3)	Subsection (2) does not apply to a Proclamation that results in land, sea or seabed ceasing to be included in one Commonwealth reserve or zone and being included in another Commonwealth reserve or zone.
	(4)	If the Commonwealth ceases to hold land or seabed in a Commonwealth reserve under lease:
	(a)	the land or seabed ceases to be part of the reserve by force of this paragraph; and
	(b)	the Governor‑General must make a Proclamation revoking or amending the Proclamation that included the land or seabed in a Commonwealth reserve, to reflect the fact that the land or seabed is no longer part of the reserve.
	(5)	Subsection (4) does not apply if the Commonwealth ceases to hold the land or seabed under a lease because:
	(a)	the Commonwealth becomes the owner of the land or seabed; or
	(b)	the Commonwealth surrenders the lease in consideration of the grant to the Commonwealth of another lease of that land or seabed.
	(6)	Except as described in subsection (4), land, sea or seabed in a Commonwealth reserve does not cease to be within the reserve merely because a usage right relating to the land, sea or seabed is transferred, assigned, surrendered, extinguished or changed in any way.
	(7)	A usage right is an estate or a legal or equitable charge, power, privilege, authority, licence or permit.
Note:	Section 22 of the Acts Interpretation Act 1901 defines estate.
351  Report before making Proclamation
Minister must consider report before Proclamation made
	(1)	Before the Governor‑General makes a Proclamation under this Subdivision, the Minister must consider a report prepared by the Secretary on the matter to be dealt with by the Proclamation.
Procedure for preparing report
	(2)	In preparing a report, the Secretary must:
	(a)	publish in the Gazette and in accordance with the regulations (if any) a notice:
	(i)	stating the matter to be dealt with by the Proclamation; and
	(ii)	inviting the public to comment on the matter to be dealt with by the Proclamation; and
	(iii)	specifying the address to which comments may be sent; and
	(iv)	specifying the day by which any comments must be sent; and
	(b)	consider any comments made in response to the invitation; and
	(c)	include in the report the comments and the Secretary’s views on the comments.
Content of notice inviting comments
	(3)	A notice stating the matter to be dealt with by a Proclamation to declare a Commonwealth reserve must include a statement of:
	(a)	the proposed name of the reserve; and
	(b)	the proposed boundaries of the reserve and of any zones into which the reserve is to be divided; and
	(c)	the purpose for which the reserve is to be declared; and
	(d)	which IUCN category the reserve (and, if applicable, each zone of the reserve) is to be assigned to; and
	(e)	the purposes for which it is intended to manage and use the reserve.
Content of notice relating to revocation of Commonwealth reserve
	(4)	A notice stating the matter to be dealt with by a Proclamation to cause any land, sea or seabed to cease to be part of a Commonwealth reserve must state the boundaries of that land, sea or seabed.
Time for comment
	(5)	The day specified in the notice as the day by which any comments must be sent must be at least 60 days after the last day on which the notice is published in the Gazette or in accordance with any regulations.
When this section does not apply
	(6)	Subsection (1) does not apply in relation to a Proclamation that:
	(a)	declares an area in the Kakadu region to be a Commonwealth reserve; or
	(b)	has the effect of changing:
	(i)	the name of a Commonwealth reserve in the Kakadu region; or
	(ii)	the purposes for which such a reserve is declared; or
	(c)	results in land, sea or seabed ceasing to be included in one Commonwealth reserve and being included in another Commonwealth reserve without changing the IUCN category to which the land, sea or seabed is assigned.
352  What happens to Commonwealth leasehold interest when Commonwealth reserve is revoked
	(1)	If land held by the Commonwealth under lease ceases to be in a Commonwealth reserve because of a Proclamation made under section 350:
	(a)	the Commonwealth’s leasehold interest in the land ceases to exist by force of this paragraph; and
	(b)	if the land is in a State or Territory—the Secretary may give to the officer of the State or Territory responsible for registering land titles a copy of the Proclamation certified by the Secretary; and
	(c)	the officer may make an entry in his or her registers and do anything else needed to reflect the effect of paragraph (a).
	(2)	Paragraph (1)(a) does not apply in relation to a Proclamation that causes land in one Commonwealth reserve to cease to be part of that reserve and to become part of another Commonwealth reserve.
Subdivision C—Activities in Commonwealth reserves
353  Simplified outline of this Subdivision
		The following is a simplified outline of this Subdivision:
Many works cannot be carried out in a Commonwealth reserve unless permitted by a management plan.
If there is not a management plan in force for a reserve, it must be managed in a way appropriate for the category it has been assigned to by a Proclamation or an earlier management plan.
Regulations can be made to control activities in reserves.
People who have rights relating to an area that is later included in a reserve can continue to exercise those rights in the reserve.
354  Activities that may be carried on only under management plan
	(1)	A person must not do one of the following acts in a Commonwealth reserve except in accordance with a management plan in operation for the reserve:
	(a)	carry on an excavation;
	(b)	erect a building or other structure;
	(c)	carry out works;
	(d)	fell or take timber.
Note:	These acts are totally prohibited in wilderness areas (except so far as the Secretary is concerned). See section 360.
	(2)	However, if a management plan is not in operation for a Commonwealth reserve, the Secretary or his or her agent may do an act described in subsection (1) for:
	(a)	preserving or protecting the reserve; or
	(b)	protecting or conserving biodiversity or heritage in the reserve; or
	(c)	controlling authorised scientific research; or
	(d)	protecting persons or property in the reserve; or
	(e)	managing the effects of actions taken under a usage right described in section 359.
Note:	The Secretary may only do these acts in a wilderness area under a management plan or Proclamation. See section 360.
	(3)	Subsection (2) does not apply in relation to so much of a Commonwealth reserve as is in the Kakadu region, the Uluru region or the Jervis Bay Territory.
Note:	Section 385 sets out what the Secretary and his or her agents may do in a Commonwealth reserve in the Kakadu region, Uluru region or Jervis Bay Territory when there is not a management plan in operation for the reserve.
	(4)	This section has effect despite any other law of the Commonwealth, a State or a Territory, but:
	(a)	subsections (1) and (2) are subject to:
	(i)	section 359 (about interests and rights existing before a Commonwealth reserve); and
	(ii)	section 360 (about wilderness areas); and
	(iii)	item of Part of Schedule to the Environmental Reform (Consequential Provisions) Act 1998 (about Jabiru); and
	(b)	subsection (1) is also subject to section 385 (about activities in Commonwealth reserves in the Kakadu region, Uluru region or Jervis Bay Territory without management plans).
355  Limits on mining operations in Commonwealth reserves
	(1)	A person must not carry on mining operations in a Commonwealth reserve unless:
	(a)	the Governor‑General has approved the operations; and
	(b)	the person carries them on in accordance with a management plan in operation for the reserve.
Note:	Section 387 generally prohibits mining operations in Kakadu National Park.
	(2)	The following are mining operations:
	(a)	operations or activities connected with, or incidental to, the mining or recovery of minerals or the production of material from minerals, including:
	(i)	prospecting and exploration for minerals; and
	(ii)	milling, refining, treatment and processing of minerals; and
	(iii)	storage and disposal of minerals and materials produced from minerals;
	(b)	the construction and use of towns, camps, dams, pipelines power lines or other structures for the purposes of operations or activities described in paragraph (a);
	(c)	the performance of any other work for the purposes of operations or activities described in paragraph (a).
	(3)	A mineral is a naturally occurring substance or mixture of substances.
	(4)	Subsection (1) does not prevent the doing of anything for the purposes of building or construction, or the supply of water, in a Commonwealth reserve unless the purposes are connected with, or incidental to, mining operations.
	(5)	This section is subject to:
	(a)	section 359 (about interests and rights existing before a Commonwealth reserve); and
	(b)	section 387 (about mining operations in Kakadu National Park); and
	(c)	item of Part of Schedule to the Environmental Reform (Consequential Provisions) Act 1998 (about Jabiru);
but has effect despite any other law of the Commonwealth, a State or a Territory.
356  Regulations controlling activities relating to Commonwealth reserves
	(1)	The regulations may:
	(a)	regulate or prohibit the pollution of soil, air or water in a manner that is, or is likely to be, harmful to:
	(i)	people, biodiversity or heritage in Commonwealth reserves; or
	(ii)	the natural features of Commonwealth reserves; and
	(b)	regulate or prohibit tourism in Commonwealth reserves; and
	(c)	provide for the protection and preservation of Commonwealth reserves and property and things in Commonwealth reserves; and
	(d)	provide for the protection and conservation of biodiversity in Commonwealth reserves; and
	(e)	regulate or prohibit access to all or part of a Commonwealth reserve by persons or classes of persons; and
	(f)	provide for the removal of trespassers from Commonwealth reserves; and
	(g)	regulate or prohibit camping in Commonwealth reserves; and
	(h)	provide for the safety of persons in Commonwealth reserves; and
	(i)	regulate or prohibit the use of fire in Commonwealth reserves; and
	(j)	regulate the conduct of persons in Commonwealth reserves; and
	(k)	regulate or prohibit the carrying on of any trade or commerce in a Commonwealth reserve; and
	(l)	regulate or prohibit the use of vehicles in Commonwealth reserves and provide for signs and road markings for those purposes; and
	(m)	provide for:
	(i)	the removal of vehicles, aircraft or vessels from places in Commonwealth reserves where they have been left in contravention of the regulations or have been abandoned; and
	(ii)	the impounding of such vehicles, aircraft or vessels; and
	(n)	provide that the person taken for the purposes of the regulations to be the owner of a motor vehicle involved in a contravention of a provision of the regulations relating to the parking or stopping of vehicles in a Commonwealth reserve is, except as provided otherwise, taken to commit an offence against the provision; and
	(o)	provide for a person to be taken to be the owner of a motor vehicle for the purposes of regulations made under paragraph (n) (including a person in whose name the motor vehicle is registered under the law of a State or Territory); and
	(p)	regulate or prohibit the use of vessels in, and the passage of vessels through, Commonwealth reserves; and
	(q)	regulate or prohibit the landing and use of aircraft in, and the flying of aircraft over, Commonwealth reserves; and
	(r)	provide for the giving of effect to management plans for Commonwealth reserves; and
	(s)	regulate or prohibit the taking of animals or plants into or out of Commonwealth reserves; and
	(t)	provide for the impounding, removal, destruction or disposal of animals found straying in Commonwealth reserves; and
	(u)	regulate or prohibit the taking into Commonwealth reserves, and the use in Commonwealth reserves, of weapons, traps, nets, snares, fishing apparatus and other devices; and
	(v)	regulate or prohibit the laying of baits and the use of explosives and poisons in Commonwealth reserves; and
	(w)	provide for the collection of specimens and the pursuit of research in Commonwealth reserves for scientific purposes; and
	(x)	provide for the issue of licences, permits and authorities relating to activities in Commonwealth reserves, the conditions subject to which they are issued and the charging of fees by the Commonwealth in respect of such licences, permits and authorities; and
	(y)	provide for any matter incidental to or connected with a matter described in another paragraph.
	(2)	A provision of the regulations regulating or prohibiting the flying of aircraft over a Commonwealth reserve does not have any effect so far as it is inconsistent with a law of the Commonwealth. For this purpose, a provision is not inconsistent with such a law if it can be complied with without contravention of the law.
	(3)	A law of a Territory has effect so far as it is not inconsistent with a provision of the regulations having effect in that Territory. For this purpose, such a law is not inconsistent with the provision so far as it can operate concurrently with the provision.
357  Managing Commonwealth reserves while a management plan is not in operation
	(1)	While a management plan is not in operation for a Commonwealth reserve, the Secretary must exercise his or her powers and perform his or her functions in relation to the reserve or to a zone of the reserve so as to manage the reserve in accordance with:
	(a)	the Australian IUCN reserve management principles (if any) for the IUCN category to which the reserve or zone has most recently been assigned by:
	(i)	a Proclamation made under Subdivision B; or
	(ii)	a management plan that was in operation for the reserve (but is no longer); and
	(b)	if the Commonwealth holds land or seabed included in the reserve under lease—the Commonwealth’s obligations under the lease.
	(2)	While a management plan is not in operation for a Commonwealth reserve, the Commonwealth or a Commonwealth agency must not exercise its powers or perform its functions in relation to the reserve or a zone of the reserve inconsistently with either or both of the following:
	(a)	the Australian IUCN reserve management principles (if any) for the IUCN category to which the reserve or zone has most recently been assigned by:
	(i)	a Proclamation made under Subdivision B; or
	(ii)	a management plan that was in operation for the reserve (but is no longer);
	(b)	if the Commonwealth holds land or seabed included in the reserve under lease—the Commonwealth’s obligations under the lease.
	(3)	If:
	(a)	a zone of a Commonwealth reserve is assigned to an IUCN category at or after the time the reserve was most recently assigned to an IUCN category; and
	(b)	the IUCN category for the zone is different from the IUCN category for the reserve;
disregard the IUCN category to which the reserve has been assigned for the purposes of the application of this section in relation to the zone.
358  Restriction on disposal of Commonwealth’s interests in Commonwealth reserves
	(1)	The Commonwealth must not sell or otherwise dispose of a usage right the Commonwealth holds in relation to land, sea or seabed in a Commonwealth reserve.
	(2)	However, the Commonwealth may grant a lease or sub‑lease of, or a licence relating to, land or seabed in a Commonwealth reserve, but only in accordance with a management plan in operation for the reserve.
	(3)	Despite subsection (1), the Commonwealth may surrender a lease of land or seabed within a Commonwealth reserve in consideration of the grant to the Commonwealth of a new lease of land or seabed that includes that land or seabed.
	(4)	The Lands Acquisition Act 1989 does not apply to the grant or surrender of a lease or sub‑lease under this section.
	(5)	This section has effect despite any law of the Commonwealth or of a State or Territory.
359  Prior usage rights relating to Commonwealth reserves continue to have effect
	(1)	None of the following provisions affect a usage right that was held by a person (other than the Commonwealth) in relation to land, sea or seabed immediately before the land, sea or seabed was included in a Commonwealth reserve:
	(a)	provisions of this Act that relate to the reserve (whether or not they also relate to another Commonwealth reserve);
	(b)	provisions of the regulations that relate to the reserve (whether or not they also relate to another Commonwealth reserve);
	(c)	provisions of a management plan for the reserve.
	(2)	None of the provisions described in subsection (1) affect the application of a law of a State or Territory in relation to the usage right.
	(3)	The usage right may be renewed or have its term extended only:
	(a)	with the Minister’s written consent; and
	(b)	subject to any conditions determined by the Minister.
This subsection has effect despite subsections (1) and (2) and any other law of the Commonwealth, a State or a Territory.
	(4)	Subsections (1) and (2) apply in relation to a usage right relating to minerals on, in or under land or seabed included in a Commonwealth reserve as if the usage right were a usage right relating to the land or seabed.
	(5)	This section applies to a right arising out of a usage right in the same way as it applies to the usage right.
	(6)	This section does not apply in relation to:
	(a)	a usage right relating to minerals in Kakadu National Park; or
	(b)	a usage right so far as it relates to mining operations for those minerals.
360  Activities in wilderness areas
	(1)	This section applies only to a Commonwealth reserve, or a zone of a Commonwealth reserve, that is assigned by a Proclamation under Subdivision B or a management plan for the reserve to the IUCN category of wilderness area.
	(2)	The Commonwealth reserve or zone must be maintained in its natural state.
	(3)	A person may use the Commonwealth reserve or zone only for:
	(a)	scientific research authorised by the Secretary; or
	(b)	a purpose (except recovery of minerals) specified in the provisions of the management plan for the reserve that relate to the zone.
	(4)	A person other than the Secretary or his or her agent must not do any of the following acts in the Commonwealth reserve or zone:
	(a)	carry on an excavation;
	(b)	erect a building or other structure;
	(c)	carry out works;
	(d)	fell or take timber;
	(e)	establish a track;
	(f)	use a vehicle, aircraft or vessel;
	(g)	inundate land by means of a dam or other works for affecting the flow of water (whether they are inside or outside the reserve or zone);
	(h)	extract water by canals or other works for affecting the flow of water (whether they are inside or outside the reserve or zone).
	(5)	The Secretary or his or her agent must not do an act described in subsection (4) in the Commonwealth reserve or zone, except for purposes essential to the management of the reserve or zone and in accordance with:
	(a)	the provisions of the management plan in operation for the reserve or zone; or
	(b)	if there is not a management plan in operation for the reserve or zone and a Proclamation assigned the reserve or zone to the IUCN category of wilderness area—the provisions of the Proclamation.
	(6)	This section has effect despite any other law of the Commonwealth, a State or a Territory, but is subject to section 359 (about usage rights existing before a Commonwealth reserve).
Subdivision D—Complying with management plans for Commonwealth reserves
361  Simplified outline of this Subdivision
		The following is a simplified outline of this Subdivision:
The Secretary must manage a Commonwealth reserve to give effect to a management plan for the reserve. If indigenous people think the Secretary is not doing this for a reserve including their land, they can take the matter up with the Minister.
Commonwealth agencies must act so as not to contravene a management plan.
362  Commonwealth and Commonwealth agencies to comply with management plan for Commonwealth reserve
	(1)	The Secretary must exercise his or her powers and perform his or her functions to give effect to a management plan that is in operation for a Commonwealth reserve.
	(2)	The Commonwealth or a Commonwealth agency must not perform its functions or exercise its powers in relation to a Commonwealth reserve inconsistently with a management plan that is in operation for the reserve.
	(3)	To avoid doubt, if a management plan for a Commonwealth reserve prohibits the exercise of a specified power, or the performance of a specified function, under an Act (including a power or function under an instrument made under an Act), the power or function must not be exercised in or in relation to the reserve while the plan is in operation.
363  Resolving disagreement between land council and Secretary over implementation of plan
Minister to resolve disagreement
	(1)	If the Chair or Chairperson of a land council for indigenous people’s land in a jointly managed reserve and the Secretary disagree about whether the Secretary is exercising his or her powers and performing his or her functions consistently with a management plan in operation for the reserve:
	(a)	the Secretary must inform the Minister; and
	(b)	the Minister must appoint a person the Minister considers to be suitably qualified and in a position to deal with the matter impartially to inquire into the matter; and
	(c)	the person appointed must inquire into the matter and give the Minister a report and recommendations; and
	(d)	the Minister must give the Secretary any directions the Minister thinks fit; and
	(e)	the Secretary must comply with any direction.
What is a land council?
	(2)	The land council for indigenous people’s land in a Commonwealth reserve is:
	(a)	if the land is in the area of an Aboriginal Land Council established by or under the Aboriginal Land Rights (Northern Territory) Act 1976—that Aboriginal Land Council; and
	(b)	if the land is in Jervis Bay Territory—the Wreck Bay Aboriginal Community Council established by the Aboriginal Land Grant (Jervis Bay Territory) Act 1986; and
	(c)	if the land is elsewhere—a body corporate that:
	(i)	is established by or under an Act; and
	(ii)	has functions relating to the indigenous people’s land in the reserve; and
	(iii)	consists of indigenous persons who either live in an area to which one or more of the body’s functions relate or are registered as traditional owners of indigenous people’s land in an area to which one or more of the body’s functions relate.
What is indigenous people’s land?
	(3)	Land is indigenous people’s land if:
	(a)	a body corporate holds an estate that allows the body to lease the land to the Commonwealth; and
	(b)	the body corporate was established by or under an Act for the purpose of holding for the benefit of indigenous persons title to land vested in it by or under that Act.
Who is an indigenous person?
	(4)	A person is an indigenous person if he or she is:
	(a)	a member of the Aboriginal race of Australia; or
	(b)	a descendant of an indigenous inhabitant of the Torres Strait Islands.
What is a jointly managed reserve?
	(5)	A Commonwealth reserve is a jointly managed reserve if:
	(a)	it includes indigenous people’s land held under lease by the Commonwealth; and
	(b)	a Board is established for the reserve under Subdivision F.
364  Resolving disagreement between Secretary and Board over implementation of plan
	(1)	The Secretary must inform the Minister if the Secretary believes that:
	(a)	a decision of a Board for a Commonwealth reserve is likely to be substantially detrimental to the good management of the reserve; or
	(b)	a decision of a Board for a Commonwealth reserve is contrary to a management plan in operation for the reserve.
	(2)	The Minister must take the steps he or she thinks fit to resolve the matter.
	(3)	If the Minister cannot resolve the matter, the Minister must appoint as an arbitrator to inquire into the matter a person whom the Minister thinks is suitably qualified and in a position to deal with the matter impartially.
	(4)	The person appointed must inquire into the matter and give the Minister a report and recommendations.
	(5)	After the Minister receives the report and recommendations, he or she must give the Secretary and the Board:
	(a)	the directions the Minister thinks appropriate; and
	(b)	a statement of reasons for giving the directions; and
	(c)	a copy of the report and recommendations.
	(6)	The Secretary and the Board must comply with any directions given by the Minister.
Subdivision E—Approving management plans for Commonwealth reserves
365  Simplified outline of this Subdivision
		The following is a simplified outline of this Subdivision:
The Minister may approve a management plan for a Commonwealth reserve prepared by the Secretary and any Board for the reserve. Before the Minister approves a plan, he or she may modify it.
Before the Secretary gives a plan to the Minister for approval, there are 2 opportunities for the public and others with an interest in the reserve to comment.
The Minister can resolve any disagreements between the Secretary and a Board for a reserve over preparation of a plan for the reserve.
366  Obligation to prepare management plans for Commonwealth reserves
Plans required for Commonwealth reserves without Boards
	(1)	The Secretary must prepare management plans for each Commonwealth reserve for which there is not a Board to try to ensure that a management plan for the reserve is in operation:
	(a)	as soon as practicable after the reserve is declared; and
	(b)	at all times after the first plan for managing the reserve takes effect.
Note:	Section 368 specifies steps to be taken in preparing a management plan for a Commonwealth reserve.
Amending or replacing plans for reserves without Boards
	(2)	The Secretary may prepare a management plan for a Commonwealth reserve for which there is not a Board:
	(a)	to amend a management plan that is in operation for the reserve; or
	(b)	to revoke and replace a management plan that is in operation for the reserve.
Plans required for Commonwealth reserves with Boards
	(3)	A Board for a Commonwealth reserve must prepare management plans for the reserve in conjunction with the Secretary, to try to ensure that a management plan for the reserve is in operation:
	(a)	as soon as practicable after the Board is established; and
	(b)	at all times after a plan for managing the reserve first takes effect after the establishment of the Board.
Note:	Section 368 specifies steps to be taken in preparing a management plan for a Commonwealth reserve.
Amending or replacing plans for reserves with Boards
	(4)	The Board for a Commonwealth reserve may prepare a management plan for the reserve in conjunction with the Secretary:
	(a)	to amend a management plan that is in operation for the reserve; or
	(b)	to revoke and replace a management plan that is in operation for the reserve.
367  Content of a management plan for a Commonwealth reserve
Mandatory content
	(1)	A management plan for a Commonwealth reserve must provide for the protection and conservation of the reserve. In particular, the plan must:
	(a)	assign the reserve to an IUCN category (whether or not a Proclamation has assigned the reserve or a zone of the reserve to that IUCN category); and
	(b)	state how the reserve, or each zone of the reserve, is to be managed; and
	(c)	state how the natural features of the reserve, or of each zone of the reserve, are to be protected and conserved; and
	(d)	if the Commonwealth holds land or seabed included in the reserve under lease—be consistent with the Commonwealth’s obligations under the lease; and
	(e)	specify any limitation or prohibition on the exercise of a power, or performance of a function, under an Act in or in relation to the reserve; and
	(f)	specify any mining operation, major excavation or other work that may be carried on in the reserve, and the conditions under which it may be carried on; and
	(g)	specify any other operation or activity that may be carried on in the reserve; and
	(h)	indicate generally the activities that are to be prohibited or regulated in the reserve, and the means of prohibiting or regulating them; and
	(i)	indicate how the plan takes account of Australia’s obligations under each agreement with one or more other countries that is relevant to the reserve (including the World Heritage Convention and the Ramsar Convention, if appropriate).
Plan may assign different zones to different IUCN categories
	(2)	A management plan for a Commonwealth reserve may divide the reserve into zones and assign each zone to an IUCN category (whether or not a Proclamation has assigned the reserve or each zone of the reserve to that IUCN category). The category to which a zone is assigned may differ from the category to which the reserve is assigned.
Consistency with Australian IUCN reserve management principles
	(3)	The provisions of a management plan for a Commonwealth reserve that relate to the reserve or a particular zone of the reserve must not be inconsistent with any Australian IUCN reserve management principles for the IUCN category to which the reserve or zone is assigned by the plan.
If zone is in different category from reserve
	(4)	If the management plan for a Commonwealth reserve assigns the reserve to one IUCN category and assigns a zone of the reserve to a different IUCN category, disregard the IUCN category to which the reserve is assigned for the purposes of the application of subsection (3) in relation to the zone.
Plans for different reserves may appear together
	(5)	A management plan for a Commonwealth reserve may be in the same document as a management plan for another Commonwealth reserve.
Plans for proposed extension of reserve
	(6)	A management plan for a Commonwealth reserve may include provisions relating to an area that is proposed to be included in the reserve, but they do not have effect until the area is included in the reserve.
368  Steps in preparing management plans for Commonwealth reserves
Overview of process
	(1)	Before the Secretary gives the Minister a management plan for a Commonwealth reserve for approval:
	(a)	the Minister must publish under subsection (2) an invitation to comment on the proposal to prepare a draft of the plan; and
	(b)	the Secretary and the Board (if any) for the reserve must prepare a draft of the plan, taking into account any comments received in response to the invitation; and
	(c)	the Minister must publish under subsection (5) an invitation to comment on the draft; and
	(d)	the Secretary must make publicly available copies of the draft free or for a reasonable fee determined by the Secretary; and
	(e)	the Secretary and the Board (if any) must consider any comments received in response to the invitation to comment on the draft and may alter the draft.
Notice inviting comments on proposal to prepare draft
	(2)	The Minister must publish a notice in the Gazette, in a daily newspaper circulating in each State and self‑governing Territory and in accordance with the regulations (if any):
	(a)	stating that the Secretary proposes to prepare a draft of a management plan for the Commonwealth reserve; and
	(b)	inviting comments on the proposal from:
	(i)	members of the public; and
	(ii)	the Chair or Chairperson of any land council for indigenous people’s land in the reserve; and
	(iii)	if the reserve is in a State or self‑governing Territory—the agency (if any) of the State or Territory that is responsible for managing national parks established in the State or Territory under a law of the State or Territory; and
	(iv)	if the Minister has established under Division 4 of Part 19 an advisory committee with functions relating to the reserve—the committee; and
	(v)	if the Commonwealth holds any land or seabed in the reserve under lease—anyone the Commonwealth is obliged under the lease to consult about management of the land or seabed; and
	(c)	specifying the address to which comments may be sent; and
	(d)	specifying a day (at least 30 days after the last day on which the notice is published in the Gazette or in accordance with the regulations (if any)) by which comments must be sent.
Considerations in preparing a management plan
	(3)	In preparing a management plan for a Commonwealth reserve, the Secretary and the Board (if any) for the reserve must take account of:
	(a)	any report considered by the Minister under section 351 before a Proclamation declaring the reserve was made; and
	(b)	the regulation of the use of the reserve for the purpose for which it was declared; and
	(c)	the interests of:
	(i)	any owner of any land or seabed in the reserve; and
	(ii)	the traditional owners of any indigenous people’s land in the reserve; and
	(iii)	any other indigenous persons interested in the reserve; and
	(iv)	any person who has a usage right relating to land, sea or seabed in the reserve that existed (or is derived from a usage right that existed) immediately before the reserve was declared; and
	(d)	the protection of the special features of the reserve, including objects and sites of biological, historical, palaeontological, archaeological, geological and geographical interest; and
	(e)	the protection, conservation and management of biodiversity and heritage within the reserve; and
	(f)	the protection of the reserve against damage; and
	(g)	Australia’s obligations under agreements between Australia and one or more other countries relevant to the protection and conservation of biodiversity and heritage.
Who are the traditional owners of indigenous people’s land?
	(4)	The traditional owners of indigenous people’s land are:
	(a)	a local descent group of indigenous persons who:
	(i)	have common spiritual affiliations to a site on the land under a primary spiritual responsibility for that site and for the land; and
	(ii)	are entitled by indigenous tradition to forage as of right over the land; or
	(b)	if the land is in the Jervis Bay Territory—the members of the Wreck Bay Aboriginal Community Council.
Notice inviting comment on draft
	(5)	The Minister must publish a notice in the Gazette, in a daily newspaper circulating in each State and self‑governing Territory and in accordance with the regulations (if any):
	(a)	stating that the Secretary has prepared a draft of a management plan for the Commonwealth reserve; and
	(b)	stating how the draft can be obtained; and
	(c)	inviting comments on the draft from:
	(i)	members of the public; and
	(ii)	the Chair or Chairperson of any land council for any indigenous people’s land in the reserve; and
	(iii)	if the reserve is in a State or self‑governing Territory—the agency (if any) of the State or Territory that is responsible for managing national parks established in the State or Territory under a law of the State or Territory; and
	(iv)	if the Minister has established under Division 4 of Part 19 an advisory committee with functions relating to the reserve—the committee; and
	(v)	if the Commonwealth holds any land or seabed in the reserve under lease—anyone the Commonwealth is obliged under the lease to consult about management of the land or seabed; and
	(d)	specifying the address to which comments may be sent; and
	(e)	specifying a day (at least 30 days after the last day on which the notice is published in the Gazette or in accordance with the regulations (if any)) by which comments must be sent.
369  Resolving disagreements between Secretary and Board in planning process
	(1)	The Secretary and the Board for a Commonwealth reserve must inform the Minister if they cannot agree on:
	(a)	the content of a management plan they are preparing for the reserve; or
	(b)	any changes to be made following comment made in response to an invitation to comment on a draft management plan for the reserve; or
	(c)	whether the Secretary should give a management plan for the reserve to the Minister for approval (either initially or after the Minister has given the plan back to the Secretary with suggestions under paragraph 370(3)(b)).
	(2)	If the Minister is advised by the Secretary and a Board of a disagreement, the Minister must take the steps the Minister thinks fit to resolve the disagreement.
	(3)	If the Minister cannot resolve the disagreement, the Minister must appoint as an arbitrator to inquire into the matter a person whom the Minister thinks is suitably qualified and in a position to deal with the matter impartially.
	(4)	The appointed arbitrator must inquire into the matter and give the Minister a report and recommendations.
	(5)	After the Minister receives the report and recommendations, he or she must give the Secretary and the Board:
	(a)	the directions the Minister thinks appropriate; and
	(b)	a statement of reasons for giving the directions; and
	(c)	a copy of the report and recommendations.
	(6)	The Secretary and the Board must comply with any directions given by the Minister.
370  Approval of management plans for Commonwealth reserves
Giving management plan to Minister for approval
	(1)	The Secretary must give the Minister a management plan for a Commonwealth reserve for approval, but only if the Board (if any) for the reserve agrees. The Secretary must do so as soon as practicable after considering under paragraph 368(1)(e) the comments (if any) on a draft of the management plan.
Things to be given to Minister with management plan
	(2)	When the Secretary gives the plan to the Minister, the Secretary must also give the Minister:
	(a)	any comments received in response to the invitation to comment on a draft of the plan; and
	(b)	the views of the Secretary and any Board for the reserve on the comments.
Minister’s decision
	(3)	After the Secretary has given the plan, the Minister:
	(a)	must consider the plan and any comments and views given to the Minister under subsection (2); and
	(b)	may either:
	(i)	approve the plan; or
	(ii)	give the plan back to the Secretary with suggestions for consideration by the Secretary and any Board for the reserve.
Note:	There are some extra rules about giving back to the Secretary a management plan for a Commonwealth reserve in the Kakadu region, the Uluru region or Jervis Bay Territory. See section 390.
Procedure if Minister gives plan back
	(4)	If the Minister gives the plan back to the Secretary with suggestions:
	(a)	the Secretary and any Board for the Commonwealth reserve to which the plan relates must consider the suggestions; and
	(b)	the Secretary must give the Minister an identical or altered version of the plan, but only if any Board for the reserve agrees; and
	(c)	the Secretary must give the Minister, with the plan, the Secretary’s views on the Minister’s suggestions.
Minister’s decision on re‑submitted plan
	(5)	As soon as practicable after the Secretary has given the Minister a version of the plan under subsection (4), the Minister:
	(a)	must consider it and the views given to the Minister under subsection (4); and
	(b)	must approve the plan with any modifications the Minister considers appropriate.
Considerations for Minister assigning reserve to IUCN category
	(6)	When approving a management plan for a Commonwealth reserve to assign the reserve, or a zone of a reserve, to a particular IUCN category, the Minister must be satisfied of the matters specified in section 347 that he or she would have to be satisfied of before the Governor‑General could make a Proclamation to assign the reserve or zone to that IUCN category.
371  Approved management plans are disallowable instruments
	(1)	A management plan approved for a Commonwealth reserve by the Minister is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Note:	Section 46A of the Acts Interpretation Act 1901 provides for the commencement, tabling and disallowance of disallowable instruments.
	(2)	To avoid doubt, the provisions mentioned in section 46A of the Acts Interpretation Act 1901 apply as if the approval of the management plan were the making of the plan.
	(3)	When the management plan is laid before each House of the Parliament, there must also be laid before the House copies of any comments, views, report or recommendations given to the Minister under this Division in relation to the plan that have not been given effect to in the plan.
372  Amendment and revocation of management plans for Commonwealth reserves
		A management plan for a Commonwealth reserve may amend or revoke and replace an earlier management plan for the reserve.
373  Expiry of management plans for Commonwealth reserves
		A management plan for a Commonwealth reserve ceases to have effect 7 years after it took effect (unless it has already been revoked).
Subdivision F—Boards for Commonwealth reserves on indigenous people’s land
374  Simplified outline of this Subdivision
		The following is a simplified outline of this Subdivision:
The Minister must establish a Board for a Commonwealth reserve that is wholly or partly on indigenous people’s land, if the land council for that land (or traditional owners) and the Minister agree that there should be a Board for the reserve.
The Board’s role is to make decisions and plans for management of the reserve, in conjunction with the Secretary.
A majority of Board members must be indigenous people nominated by traditional owners if the reserve is wholly or mostly on indigenous people’s land.
375  Application
		This Subdivision provides for Boards for Commonwealth reserves that consist of, or include, indigenous people’s land held under lease by the Commonwealth.
376  Functions of a Board for a Commonwealth reserve
	(1)	The functions of a Board established for a Commonwealth reserve are:
	(a)	to make decisions relating to the management of the reserve that are consistent with the management plan in operation for the reserve; and
	(b)	in conjunction with the Secretary, to:
	(i)	prepare management plans for the reserve; and
	(ii)	monitor the management of the reserve; and
	(iii)	advise the Minister on all aspects of the future development of the reserve.
	(2)	When performing its functions, a Board must comply with a direction given by the Minister to the Board under:
	(a)	section 364 (Resolving disagreement between Secretary and Board over implementation of plan); or
	(b)	section 369 (Resolving disagreements between Secretary and Board in planning process).
377  Minister must establish Board if land council or traditional owners agree
	(1)	The Minister must establish a Board for a specified Commonwealth reserve by notice published in the Gazette and in the way (if any) prescribed by the regulations if he or she agrees on the matters set out in subsection (2) with:
	(a)	the land council for the indigenous people’s land in the reserve that the Commonwealth holds under lease; or
	(b)	if there is not such a land council—the traditional owners of the indigenous people’s land in the reserve that the Commonwealth holds under lease.
	(2)	The matters to be agreed on are:
	(a)	that a Board should be established for the reserve; and
	(b)	the name of the Board; and
	(c)	the number of positions of member of the Board; and
	(d)	the qualifications for appointment to each position of member of the Board.
	(3)	The notice must specify each of the matters described in paragraphs (2)(b), (c) and (d).
Note:	The notice may specify different qualifications for different positions. See subsection 33(3A) of the Acts Interpretation Act 1901.
	(4)	If the reserve consists wholly or mostly of indigenous people’s land held by the Commonwealth under lease, a majority of the members of the Board must be indigenous persons nominated by the traditional owners of the indigenous people’s land.
	(5)	If the reserve is in a State or self‑governing Territory, at least one member of the Board must be a person nominated by the State or Territory.
Note:	By agreement between the Minister and the land council or traditional owners, more than one member of a Board may be a person nominated by the State or Territory.
378  Altering the constitution of a Board or abolishing a Board
Revoking and amending notice establishing Board
	(1)	The Minister may, by notice in the Gazette:
	(a)	revoke a notice under section 377 relating to the Board for the reserve; or
	(b)	amend a notice under section 377 relating to the Board for the reserve so as to:
	(i)	change the specification of the name by which the Board is to be known; or
	(ii)	increase the number of members of the Board and specify the qualifications for appointment to each of the extra positions of member; or
	(iii)	decrease the number of positions of member of the Board and specify which positions are abolished; or
	(iv)	change the qualifications for appointment to a position of member of the Board.
Note:	The Minister may exercise the power of amendment from time to time. See subsection 33(1) of the Acts Interpretation Act 1901.
Limits on changing composition of Board
	(2)	Paragraph (1)(b) has effect subject to subsections 377(4) and (5).
Note 1:	Subsection 377(4) requires a majority of the members of the Board of a Commonwealth reserve consisting wholly or mostly of indigenous people’s land held by the Commonwealth under lease to be indigenous persons nominated by the traditional owners of the land.
Note 2:	Subsection 377(5) requires at least one member of a Board for a reserve in a State or self‑governing Territory to be a nominee of the State or Territory.
Prerequisite to revoking or amending notice
	(3)	The Minister may revoke or amend a notice under section 377 relating to a Commonwealth reserve only if the Minister agrees on the revocation or amendment with:
	(a)	the land council for indigenous people’s land in the reserve, if the Board for the reserve was established with the agreement of the land council; or
	(b)	the traditional owners of indigenous people’s land in the reserve, if the Board for the reserve was established with the agreement of the traditional owners.
Board’s identity not affected by name change
	(4)	If the Minister amends a notice published under section 377 so as to alter a Board’s name or constitution, section 25B of the Acts Interpretation Act 1901 applies in relation to the alteration as if it had been made by an Act.
Note:	This ensures that the Board’s identity and functions are not affected by the alteration, and that certain references to the Board under its old name are treated as references to the Board under its new name.
379  Appointment of Board members
Appointment of qualified persons
	(1)	The Minister may appoint a person in writing on a part‑time basis to a position of member of a Board if the person is qualified for appointment to the position.
Replacement appointments
	(2)	As soon as practicable after a position of member of a Board becomes vacant, the Minister must appoint a person to the position under subsection (1).
Validity of appointments
	(3)	A deficiency or irregularity relating to the nomination, selection or appointment of a member of a Board does not invalidate the member’s appointment.
380  Terms and conditions
Term of office
	(1)	A member of a Board holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
Note:	Section 382 sets out the circumstances in which a member’s appointment may be (or must be) terminated.
Resignation
	(2)	A member of a Board may resign his or her appointment by giving the Minister a written resignation.
Other terms and conditions
	(3)	A member of a Board holds office on the terms and conditions (if any) that are determined by the Minister in relation to matters not covered by this Act or the regulations.
381  Remuneration
	(1)	A member of a Board is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.
	(2)	A member of a Board is to be paid the allowances that are prescribed.
	(3)	This section has effect subject to the Remuneration Tribunal Act 1973.
382  Termination of appointments of Board members
Termination when person stops being qualified for appointment
	(1)	The appointment of a person to a position of member of a Board is terminated when the person ceases to be qualified for appointment to the position.
Termination for misbehaviour or incapacity
	(2)	The Minister may terminate the appointment of a member of a Board for misbehaviour or physical or mental incapacity.
Termination for failure to attend Board meetings
	(3)	The Minister may terminate the appointment of a member of a Board if the member is absent, except on leave of absence, from 3 consecutive meetings of the Board of which the member has had notice.
Termination for engaging in conflicting work
	(4)	The Minister may terminate the appointment of a member of a Board if the member engages in paid employment that, in the Minister’s opinion, conflicts or could conflict with the proper performance of the duties of the member.
Termination for failure to disclose interests
	(5)	The Minister must terminate the appointment of a member of a Board if:
	(a)	the member does not comply with any requirements prescribed by the regulations to disclose an interest the member has in a matter being considered or about to be considered by the Board; and
	(b)	the member does not have a reasonable excuse for not complying.
Termination on request by nominator
	(6)	The Minister must terminate the appointment of a member of a Board if:
	(a)	the member was appointed on the nomination of a particular person, body or group of persons; and
	(b)	the person, body or group gives the Minister a written request to terminate the appointment.
Termination for bankruptcy or insolvency
	(7)	The Minister may terminate the appointment of a member of the Board if the member:
	(a)	becomes bankrupt; or
	(b)	applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
	(c)	compounds with his or her creditors; or
	(d)	makes an assignment of his or her remuneration for the benefit of his or her creditors.
383  Procedure of a Board
	(1)	The regulations may provide for:
	(a)	matters relating to the operation of a Board, including:
	(i)	procedures for convening meetings of the Board; and
	(ii)	procedures for determining who is to preside at a meeting of the Board; and
	(iii)	determining who may attend a meeting of the Board; and
	(iv)	the constitution of a quorum for a meeting of the Board; and
	(v)	procedures relating to a member’s interest in matters being dealt with by the Board; and
	(vi)	the way in which matters are to be resolved by the Board; and
	(b)	the appointment and rights of a deputy of a member of a Board.
	(2)	The regulations may allow a Board to determine a matter relating to the operation of the Board for which the regulations may provide.
	(3)	If there are no regulations in force, a Board may operate in the way it determines.
Subdivision G—Special rules for some Commonwealth reserves in the Northern Territory or Jervis Bay Territory
384  Simplified outline of this Subdivision
		The following is a simplified outline of this Subdivision:
Special rules apply to Commonwealth reserves in the Kakadu region, Uluru region and Jervis Bay Territory, affecting the activities that can be carried on in those reserves.
Special procedures apply to planning for management of reserves in the Kakadu region, Uluru region and Jervis Bay Territory. These provide for extra involvement of indigenous people in the planning process.
385  Activities in Commonwealth reserve without management plan
		When a management plan is not in operation for a particular Commonwealth reserve wholly or partly in the Kakadu region, Uluru region or Jervis Bay Territory, the Secretary may perform the Secretary’s functions and exercise the Secretary’s powers in and in relation to a part of the reserve in the region, subject to any directions of the Minister.
386  What are the Kakadu region and the Uluru region?
	(1)	The Kakadu region is the part of the Alligator Rivers Region (as defined in the Environment Protection (Alligator Rivers Region) Act 1978) that excludes:
	(a)	the area shown as the Arnhem Land Aboriginal Reserve on the map mentioned in that definition; and
	(b)	the areas that are pastoral leases and are described on that map as Mount Bundey and Eva Valley.
	(2)	The Uluru region is the area of land described under the heading “Uluru” in Schedule 1 to the Aboriginal Land Rights (Northern Territory) Act 1976.
387  No mining operations in Kakadu National Park
	(1)	A person must not carry out mining operations in Kakadu National Park.
	(2)	Subsection (1) and subsection 355(1) do not prevent:
	(a)	the use, development or reconstruction of the township known as Jabiru; or
	(b)	the transportation of anything in Kakadu National Park along routes (including air routes) prescribed by the regulations for the purposes of this paragraph; or
	(c)	the construction and use of pipelines and power lines in Kakadu National Park along routes prescribed by the regulations for the purposes of this paragraph; or
	(d)	the doing of anything for the purposes of building or construction, or the supply of water, in Kakadu National Park as long as the purposes are not connected with, or incidental to, mining operations; and
	(e)	prescribed activities carried on in Kakadu National Park in connection with, or incidental to, mining operations carried on outside Kakadu National Park.
	(3)	Kakadu National Park is the Commonwealth reserve (as it exists from time to time) to which the name Kakadu National Park was given by Proclamation continued in force by the Environmental Reform (Consequential Provisions) Act 1998.
388  Establishment and development of townships in the Kakadu region and Uluru region
	(1)	A person may develop a township in a part of a Commonwealth reserve, but only if:
	(a)	the part is in the Kakadu region or the Uluru region; and
	(b)	the person does so in accordance with:
	(i)	subsection (2) or (3); and
	(ii)	the management plan for the reserve; and
	(iii)	a town plan prepared and approved in accordance with the regulations.
	(2)	A person (other than the Commonwealth) may develop a township only:
	(a)	on land that the person holds under lease or sub‑lease from the Commonwealth; or
	(b)	on land that was developed before 9 June 1978, if the township was established before it was included in the reserve.
	(3)	The Commonwealth may develop a township only if the township did not exist before its site became part of the Commonwealth reserve.
	(4)	A person may only construct, alter or demolish a building or structure in a township in accordance with the management plan for the Commonwealth reserve and the town plan.
389  Planning for townships
Management plan provisions
	(1)	The provisions of a management plan for a Commonwealth reserve that relate to a township must include provisions for and in relation to:
	(a)	the site of the township and the general purposes of the township, if the township was not established before its site was included in the reserve; and
	(b)	the terms and conditions of any lease or sub‑lease from the Commonwealth of land on which the township is to be established or developed; and
	(c)	the purposes of any zones into which the township is to be divided.
Town plan provisions
	(2)	A town plan must make detailed provision relating to the proposed construction or development of the township, including, in particular, the provision (if any) to be made for:
	(a)	housing, shops, offices and other buildings and structures; and
	(b)	bridges, railways, roads, streets, footpaths and parking areas; and
	(c)	the supply of water, electricity and gas; and
	(d)	the standards to be maintained in the construction and alteration of buildings and structures; and
	(e)	sewerage and drainage; and
	(f)	public amenities for recreation and other purposes; and
	(g)	any other matters that are specified for the purposes of this paragraph by:
	(i)	the management plan for the Commonwealth reserve containing the township; or
	(ii)	the regulations; or
	(iii)	any lease or sub‑lease from the Commonwealth of land on which the township is to be established or developed.
Town plans may adopt, apply or incorporate other instruments
	(3)	For the purposes of subsection (2), a town plan may apply, adopt or incorporate, with or without modification:
	(a)	the provisions of any law of the Northern Territory (or a part of the Territory) that would not otherwise apply in relation to the township, as in force at a specified time or as in force from time to time; or
	(b)	any matter contained in any instrument or writing as in force or existing at a specified time.
Town plans must not be inconsistent with other instruments
	(4)	A town plan must never be inconsistent with:
	(a)	the management plan for the Commonwealth reserve that includes the township; or
	(b)	any lease or sub‑lease from the Commonwealth of land on which the township is to be established or developed.
Revocation and variation of town plans
	(5)	A town plan may be revoked or amended in the manner provided by the regulations.
Note:	Town plans are to be prepared and approved in accordance with the regulations. See subparagraph 388(1)(b)(iii).
390  Special rules to protect Aboriginal interests in planning process
	(1)	This section sets out some extra rules about the process of preparing management plans for a Commonwealth reserve wholly or partly within the Kakadu region, the Uluru region or Jervis Bay Territory.
	(2)	The Minister must give a management plan for a Commonwealth reserve back to the Secretary with suggestions under paragraph 370(3)(b) if the Minister is satisfied that there is a substantial difference of opinion between:
	(a)	the Chair or Chairperson of a land council for indigenous people’s land in the reserve, on the one hand; and
	(b)	the Secretary, or the Secretary and the Board for the reserve (if it is a jointly managed reserve), on the other hand.
	(3)	If the Minister gives the plan back to the Secretary with suggestions under paragraph 370(3)(b) (whether because of subsection (2) or not), the Minister must:
	(a)	give a copy of the suggestions to:
	(i)	the Chair or Chairperson of each land council for indigenous people’s land in the reserve; and
	(ii)	the Conservation Commission of the Northern Territory, if the plan is for a Commonwealth reserve wholly or partly in the Territory; and
	(b)	invite each person to whom the Minister gave a copy of the suggestions to give the Secretary comments on the suggestions within 14 days.
	(4)	When considering the Minister’s suggestions as required by paragraph 370(4)(a), the Secretary and any Board for the reserve must also consider any comments made in response to the Minister’s invitation.
	(5)	When the Secretary gives the Minister an identical or altered version of the plan under paragraph 370(4)(b), the Secretary must also:
	(a)	give the Minister a copy of the comments (if any) made in response to the Minister’s invitation, and the Secretary’s views on those comments; and
	(b)	give the Chair or Chairperson of each land council for indigenous people’s land in the reserve a copy of the version of the plan given to the Minister and of the comments and views (if any) being given to the Minister under paragraph (a).
	(6)	The Chair or Chairperson of a land council for indigenous people’s land in the reserve may make comments to the Minister relating to the version of the plan within 14 days of receiving the copy of it.
	(7)	If the Minister receives comments from the Chair or Chairperson of a land council for indigenous people’s land in the reserve and the Minister is satisfied that there is a substantial difference of opinion between the Chair or Chairperson and the Secretary over the plan:
	(a)	the Minister may appoint a person the Minister considers to be suitably qualified and in a position to deal with the matter impartially to inquire into the matter; and
	(b)	the person appointed must inquire into the matter and give the Minister a report and recommendations.
	(8)	The Minister:
	(a)	must also consider:
	(i)	the comments (if any) made to the Minister by the Chair or Chairperson under subsection (6); and
	(ii)	the report and recommendations (if any) given to the Minister under subsection (7);
		when considering under subsection 370(5) the version of the plan given to the Minister under paragraph 370(4)(b); and
	(b)	must not approve the plan before the end of the period described in subsection (6).

Chapter 6—Administration
Part 16—Application of precautionary principle in decision‑making
  
391  Minister must consider precautionary principle in making decisions
Taking account of precautionary principle
	(1)	The Minister must take account of the precautionary principle in making a decision listed in the table in subsection (3), to the extent he or she can do so consistently with the other provisions of this Act.
Precautionary principle
	(2)	The precautionary principle is that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment where there are threats of serious or irreversible environmental damage.
Decisions in which precautionary principle must be considered
	(3)	The decisions are:

Decisions in which precautionary principle must be considered	

Item	Section decision is made under	

Nature of decision	
1		75	whether an action is a controlled action	
2		133	whether or not to approve the taking of an action	
3		201	whether or not to grant a permit	
4		216	whether or not to grant a permit	
5		237	whether or not to grant a permit	
6		258	whether or not to grant a permit	
7		267	about making a recovery plan or threat abatement plan or adopting a plan as a recovery plan or threat abatement plan	
8		280	about approving a variation of a plan adopted as a recovery plan or threat abatement plan	
9		285	about making a wildlife conservation plan or adopting a plan as a wildlife conservation plan	
10		295	about approving a variation of a plan adopted as a wildlife conservation plan	
11		316	about making a plan for managing a property that is included in the World Heritage List and is entirely within one or more Commonwealth areas	
12		328	about making a plan for managing a wetland that is designated for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention and is entirely within one or more Commonwealth areas	
13		338	about making a plan for managing a Biosphere reserve entirely within one or more Commonwealth areas	
14		370	about approving a management plan for a Commonwealth reserve	

Part 17—Enforcement
Division 1—Wardens, rangers and inspectors
Subdivision A—Wardens and rangers
392  Appointment of wardens and rangers
		The Minister may, in writing, appoint:
	(a)	an officer or employee of the Department; or
	(b)	a person covered by an arrangement made under section 393;
to be a warden or ranger.
393  Arrangements for certain officers or employees to exercise powers etc. of wardens or rangers
	(1)	The Secretary may make arrangements with the Secretary of another Department of the Australian Public Service, or with an authority of the Commonwealth, for the performance or exercise of all or any of the functions or powers of wardens and rangers under this Act or the regulations by officers or employees in that Department or authority, as the case may be.
	(2)	The Minister may enter into an arrangement with the appropriate Minister of a State or of the Australian Capital Territory or of the Northern Territory for:
	(a)	officers or employees in the Public Service of the State or Territory, or in an authority of the State or Territory (including a local government body); or
	(b)	members of the police force of the State or Territory;
to perform or exercise all or any of the functions or powers of wardens or rangers under this Act or the regulations.
	(3)	The Minister may enter into an arrangement with the appropriate person holding an office under section 13 of the Norfolk Island Act 1979 for persons appointed or employed under an enactment referred to in section 61 of that Act to perform or exercise all or any of the functions or powers of wardens or rangers under this Act or the regulations.
394  Wardens ex officio
		By force of this section each member or special member of the Australian Federal Police is a warden.
395  Identity cards
	(1)	The Minister must issue to each warden (except a member of a police force) and to each ranger, an identity card, in a form approved by the Minister, containing a photograph of the person to whom it is issued.
	(2)	If a person stops being a warden or ranger, the person must immediately return his or her identity card to the Minister.
	(3)	A person who contravenes subsection (2) is guilty of an offence punishable on conviction by a fine not exceeding one penalty unit.
Subdivision B—Inspectors
396  Appointment of inspectors
	(1)	The Minister may, in writing, appoint a person to be an inspector.
	(2)	The Minister may make a written determination that a specified person, or a person included in a specified class of persons, does not have such of the powers conferred on an inspector by this Act as are specified in the determination. The determination has effect accordingly.
	(3)	If the Minister makes a determination under subsection (2) about a named individual, the Minister must give the individual a copy of the determination.
397  Inspectors ex officio
		By force of this section each of the following is an inspector:
	(a)	each member or special member of the Australian Federal Police;
	(b)	each person appointed as an inspector under section 43 of the Great Barrier Reef Marine Park Act 1975 (other than such a person whose appointment relates only to the powers of an inspector under Part VIIA of that Act).
398  Arrangements for State and Territory officers to be inspectors
	(1)	The Minister may enter into an arrangement with the appropriate Minister of a State or of the Australian Capital Territory or of the Northern Territory for:
	(a)	officers or employees of the Public Service of the State or Territory, or of an authority of the State or Territory (including a local government body); or
	(b)	members of the police force of the State or Territory;
to be inspectors, and that arrangement has effect accordingly.
	(2)	The Minister may enter into an arrangement with the appropriate person holding an office under section 13 of the Norfolk Island Act 1979 for persons appointed or employed under an enactment referred to in section 61 of that Act to be inspectors, and that arrangement has effect accordingly.
	(3)	The Minister may make a written determination that a specified person, or a person included in a specified class of persons, who is an inspector because of this section does not have such of the powers conferred on an inspector by this Act as are specified in the determination. The determination has effect accordingly.
	(4)	If the Minister makes a determination under subsection (3) about a named individual, the Minister must give the individual a copy of the determination.
399  Identity cards
	(1)	The Minister must issue to an inspector, (except a member of a police force), an identity card in a form approved by the Minister, containing a photograph of the person to whom it is issued.
	(2)	If a person stops being an inspector, the person must immediately return his or her identity card to the Minister.
	(3)	A person who contravenes subsection (2) is guilty of an offence punishable on conviction by a fine not exceeding one penalty unit.
Subdivision C—Miscellaneous
400  Regulations may give wardens, rangers and inspectors extra powers, functions and duties
		The regulations may provide for functions and powers to be conferred, and duties to be imposed, on wardens, rangers and inspectors.
401  Impersonating authorised officers and rangers
	(1)	A person is guilty of an offence if:
	(a)	the person:
	(i)	impersonates an authorised officer or a ranger on an occasion; and
	(ii)	does so knowing it to be an occasion when the officer or ranger would be on duty and doing an act or attending a place; or
	(b)	the person:
	(i)	falsely represents himself or herself to be an authorised officer or a ranger; and
	(ii)	does an act or attends a place in the assumed character of that officer or ranger; or
	(c)	the person:
	(i)	impersonates an authorised officer or a ranger or falsely represents himself or herself to be an authorised officer or a ranger; and
	(ii)	does so with the intention of obtaining a gain, causing a loss or influencing the exercise of a public duty.
	(2)	Subsection (1) does not apply to an authorised officer or a ranger.
	(3)	An authorised officer or a ranger is guilty of an offence if:
	(a)	the officer or ranger:
	(i)	impersonates another authorised officer or ranger on an occasion; and
	(ii)	does so knowing it to be an occasion when the other officer or ranger would be on duty and doing an act or attending a place; or
	(b)	the officer or ranger:
	(i)	falsely represents himself or herself to be another authorised officer or a ranger; and
	(ii)	does an act or attends a place in the assumed character of the other officer or ranger; or
	(c)	the officer or ranger:
	(i)	impersonates another authorised officer or a ranger or falsely represents himself or herself to be another authorised officer or a ranger; and
	(ii)	does so with the intention of obtaining a gain, causing a loss or influencing the exercise of a public duty.
	(4)	An offence against this section is punishable, on conviction, by imprisonment for not more than 2 years or a fine not exceeding 120 penalty units, or both.
402  Offences against authorised officers and rangers
	(1)	A person is guilty of an offence if the person:
	(a)	uses or threatens violence against another person; and
	(b)	does so knowing that the other person is an authorised officer or a ranger; and
	(c)	does so because of that other person’s status as an authorised officer or ranger.
	(2)	An offence against subsection (1) is punishable, on conviction, by imprisonment for not more than 7 years or a fine not exceeding 420 penalty units, or both.
	(3)	A person is guilty of an offence if the person:
	(a)	obstructs, intimidates, resists or hinders another person who is an authorised officer or a ranger exercising or performing his or her powers, duties or functions; and
	(b)	does so knowing that the other person is an authorised officer or ranger.
	(4)	An offence against subsection (3) is punishable, on conviction, by imprisonment for not more than 2 years or a fine not exceeding 120 penalty units, or both.
	(5)	It is immaterial whether the defendant was aware that the authorised officer or ranger was engaged in the exercise or performance, or attempted exercise or performance of a power, duty or function of such officer or ranger.
	(6)	It is a defence in proceedings for an offence against subsection (3), if at the time of the conduct constituting the offence, the authorised officer or ranger was abusing his or her power.
	(7)	This section does not limit the power of a court to punish a contempt of that court.
	(8)	Subsections (1) and (3) are not intended to exclude or limit the concurrent operation of any law of the Australian Capital Territory in a case where the other person referred to in that subsection is a member or special member of the Australian Federal Police.

Division 2—Boarding of vessels etc. and access to premises by consent
403  Boarding of vessels etc. by authorised officers
	(1)	This section applies to:
	(a)	any Australian vessel, Australian aircraft or Australian platform;
	(b)	any vehicle, vessel or aircraft that is in Australia or an external Territory;
	(c)	any vessel, or any aircraft capable of landing on water, that is in the territorial sea of Australia or an external Territory; and
	(d)	any aircraft that is over or in Australia or an external Territory.
	(2)	If an authorised officer suspects on reasonable grounds that there is in, or on, a vehicle, vessel, aircraft or platform any evidential material, the authorised officer may, with such assistance as he or she thinks necessary:
	(a)	board the vehicle, vessel, aircraft or platform at any reasonable time for the purpose of exercising, and may exercise, the powers of an authorised officer under section 406; and
	(b)	in the case of a vehicle, vessel or aircraft—stop and detain the vehicle, vessel or aircraft for that purpose.
	(3)	If an authorised officer or the person in command of a Commonwealth ship or of a Commonwealth aircraft suspects on reasonable grounds that a vessel which is in the territorial sea of Australia or an external Territory has been used or otherwise involved in the commission of an offence against this Act or the regulations, he or she may:
	(a)	bring the vessel to the nearest port in Australia or an external Territory to which it is safe and practicable to bring the vessel; or
	(b)	by means of an international signal code or other internationally recognised means of communication with a vessel, require the person in charge of the vessel to bring the vessel to that port.
	(4)	If an authorised officer or the person in command of a Commonwealth ship or of a Commonwealth aircraft suspects on reasonable grounds that:
	(a)	an aircraft has been used or otherwise involved in the commission of an offence against this Act or the regulations; and 
	(b)	the aircraft is over or in Australia or an external Territory;
he or she may, by means of an international signal code or other internationally recognised means of communication with an aircraft, require the person in charge of the aircraft to bring the aircraft to the nearest airport in Australia or an external Territory to which it is safe and practicable to bring the aircraft.
	(5)	An authorised officer may, for the purposes of this Act, require the person in charge of a vehicle, vessel, aircraft or platform to give information concerning the vehicle, vessel, aircraft or platform and its crew and any other person on board the vehicle, vessel, aircraft or platform.
	(6)	In this Act:
Australian platform means a platform that:
	(a)	is fixed to the continental shelf of Australia or of an external Territory, or to the sea‑bed between Australian waters; or
	(b)	is otherwise operating in that part of the sea above the continental shelf of Australia or of an external Territory, or in the territorial sea of Australia or an external Territory.
Commonwealth aircraft means an aircraft in the service of the Commonwealth on which the prescribed ensign or prescribed insignia of the aircraft is displayed.
Commonwealth ship means a ship in the service of the Commonwealth on which the prescribed ensign of the ship is flying.
404  Authorised officers to produce identification
	(1)	If an authorised officer (other than a member of a police force who is in uniform) boards a vehicle, vessel, aircraft or platform to which section 403 applies, the authorised officer must:
	(a)	in the case of a member of a police force—produce, for inspection by the person in charge of that vehicle, vessel, aircraft or platform, written evidence of the fact that he or she is a member of that police force; or
	(b)	in any other case—produce his or her identity card for inspection by that person.
	(2)	An authorised officer who does not comply with subsection (1) is not authorised to remain, or to require any person assisting the authorised officer to remain, on board the vehicle, vessel, aircraft or platform, or to detain the vehicle, vessel or aircraft.
	(3)	If an authorised officer (other than a member of a police force who is in uniform) makes a requirement of a person under section 403 the authorised officer, unless it is impracticable to do so, must:
	(a)	in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of that police force; or
	(b)	in any other case—produce his or her identity card for inspection by that person;
and, if the authorised officer fails to do so, that person is not obliged to comply with the requirement.
	(4)	A person must comply with a requirement made of the person under section 403.
Penalty:	50 penalty units.
405  Access to premises
	(1)	An authorised officer may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the powers of an authorised officer under section 406.
	(2)	If an authorised officer enters any premises under subsection (1), he or she may exercise the powers of an authorised officer under section 406.
	(3)	An authorised officer who enters premises under subsection (1) must, if the occupier of the premises revokes his or her consent, leave the premises forthwith, and is not entitled to exercise, or continue to exercise, the powers of an authorised officer under section 406 in relation to the premises.
406  Powers of authorised officers
	(1)	An authorised officer who boards a vehicle, vessel, aircraft or platform under section 403, or enters premises under section 405 may:
	(a)	search the vehicle, vessel, aircraft, platform or premises, as the case may be; and
	(b)	inspect, take extracts from, and make copies of, any document that is, or that the authorised officer suspects on reasonable grounds is, evidential material; and
	(c)	inspect, and take samples of, any other evidential material; and
	(d)	exercise powers of seizure conferred on the authorised officer by this Act.
	(2)	Each of the following things, including any such thing in electronic form, is evidential material:
	(a)	a thing with respect to which an offence against this Act or the regulations has been committed or is suspected, on reasonable grounds, to have been committed;
	(b)	a thing as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of an offence against this Act or the regulations;
	(c)	a thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing an offence against this Act or the regulations.
	(3)	For the purposes of exercising a power under subsection (1), an authorised officer may break open any hold or compartment, or any container or other receptacle (including any place that could be used as a receptacle), on a vehicle, vessel, aircraft or platform or on any premises.

Division 3—Monitoring of compliance
407  Monitoring powers
		For the purposes of this Division, each of the following powers is a monitoring power in relation to particular premises:
	(a)	the power to search the premises;
	(b)	the power to take photographs (including a video recording), or to make sketches, of the premises or of any substance or thing at the premises;
	(c)	the power to inspect, examine and take samples of, any substance or thing on or in the premises;
	(d)	the power to take extracts from, or make copies of, any document, book or record on the premises;
	(e)	the power to take onto the premises any equipment or material reasonably necessary for the purpose of exercising a power referred to in paragraph (a), (b), (c) or (d).
408  Monitoring searches with occupier’s consent
Entry by consent
	(1)	An authorised officer may, with the consent of the occupier of any premises, enter the premises for the purpose of finding out whether any or all of the provisions of this Act or the regulations are being complied with.
Entry for monitoring purposes
	(2)	An authorised officer may only enter premises under subsection (1) to the extent that it is reasonably necessary for the purpose of finding out whether any or all of the provisions of this Act or the regulations are being complied with.
Exercise of monitoring powers
	(3)	If an authorised officer enters premises under subsection (1), the authorised officer may exercise monitoring powers in relation to those premises.
Exercise of seizure powers
	(4)	If an authorised officer enters premises under subsection (1), the authorised officer may exercise powers of seizure conferred by section 445.
Right to refuse to give consent
	(5)	Before obtaining the consent of a person for the purposes of this section, an authorised officer must tell the person that the person may refuse to give consent.
Consent must be voluntary
	(6)	An entry by an authorised officer in consequence of the consent of a person is not lawful unless the person voluntarily consented to the entry.
Production of identity card etc.
	(7)	An authorised officer is not entitled to:
	(a)	enter premises under subsection (1); or
	(b)	exercise any powers referred to in subsection (3) or (4) in relation to premises;
if the occupier of the premises has required the officer to produce written identification for inspection by the occupier and:
	(c)	if the authorised officer is a member of a police force—the officer fails to produce, for inspection by the occupier, written evidence of the fact that he or she is a member of that police force; or
	(d)	in any other case—the officer fails to produce his or her identity card for inspection by the occupier.
409  Monitoring warrants
Application for monitoring warrant
	(1)	An authorised officer may apply to a magistrate for a warrant under this section in relation to particular premises. The warrant is to be known as a monitoring warrant.
Issue of monitoring warrant
	(2)	Subject to subsection (3), the magistrate may issue the monitoring warrant if satisfied, by information on oath or affirmation, that it is reasonably necessary that the authorised officer should have access to the premises for the purpose of finding out whether any or all of the provisions of this Act or the regulations are being complied with.
Information about grounds for issue of monitoring warrant
	(3)	The magistrate must not issue the monitoring warrant unless the authorised person or another person has given the magistrate, either orally (on oath or affirmation) or by affidavit, such further information as the magistrate requires about the grounds on which the issue of the monitoring warrant is being sought.
Terms of warrant
	(4)	The monitoring warrant must:
	(a)	authorise an authorised officer named in the monitoring warrant, with such assistance and by such force as is necessary and reasonable, from time to time while the monitoring warrant remains in force, to enter the premises and exercise monitoring powers; and
	(b)	state whether an entry under the monitoring warrant is authorised to be made at any time of the day or night or during specified hours of the day or night; and
	(c)	specify the day (not more than 6 months after the issue of the monitoring warrant) on which the monitoring warrant ceases to have effect; and
	(d)	state the purpose for which the monitoring warrant is issued.
Seizure powers
	(5)	If an authorised officer enters premises under a monitoring warrant, he or she may exercise powers of seizure conferred by section 445.
410  Details of monitoring warrant to be given to occupier etc.
	(1)	If a monitoring warrant in relation to premises is being executed and the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the authorised officer named in the monitoring warrant must make available to that person a copy of the monitoring warrant.
	(2)	The authorised officer named in the monitoring warrant must identify himself or herself to that person at the premises.
	(3)	The copy of the monitoring warrant referred to in subsection (1) need not include the signature of the magistrate or the seal of the relevant court.
411  Occupier entitled to be present during search
	(1)	If a monitoring warrant in relation to premises is being executed and the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the person is, subject to Part 1C of the Crimes Act 1914, entitled to observe the search being conducted.
	(2)	The right to observe the search being conducted ceases if the person impedes the search.
	(3)	This section does not prevent 2 or more areas of the premises being searched at the same time.
412  Announcement before entry
	(1)	The authorised officer named in a monitoring warrant must, before any person enters premises under the monitoring warrant:
	(a)	announce that he or she is authorised to enter the premises; and
	(b)	give any person at the premises an opportunity to allow entry to the premises.
	(2)	An authorised officer is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure:
	(a)	the safety of a person (including an authorised officer); or
	(b)	that the effective execution of the monitoring warrant is not frustrated.

Division 4—Search warrants
413  When search warrants can be issued
	(1)	A magistrate may issue a warrant authorising an authorised officer to search premises if the magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that there is, or there will be within the next 72 hours, any evidential material at the premises.
	(2)	A magistrate may issue a warrant authorising an authorised officer to carry out an ordinary search or a frisk search of a person if the magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that the person has in his or her possession, or will within the next 72 hours have in his or her possession, any evidential material.
	(3)	For the purposes of this Act, frisk search means:
	(a)	a search of a person conducted by quickly running the hands over the person’s outer garments; and
	(b)	an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.
	(4)	If the authorised officer applying for the warrant suspects that, in executing the warrant, it will be necessary to use firearms, the authorised officer must state that suspicion, and the grounds for that suspicion, in the information.
	(5)	If the application for the warrant is made under section 416, this section applies as if subsections (1) and (2) referred to 48 hours rather than 72 hours.
	(6)	If the applicant for a warrant is a member or special member of the Australian Federal Police and has, at any time previously, applied for a warrant relating to the same person or premises, the person must state particulars of those applications and their outcome in the information.
414  Statements in warrants
	(1)	If a magistrate issues a warrant under section 413, the magistrate is to state in the warrant:
	(a)	the offence to which the warrant relates; and
	(b)	a description of the premises to which the warrant relates or the name or description of a person to whom it relates; and
	(c)	the kinds of evidential material that are to be searched for under the warrant; and
	(d)	the name of the authorised officer who is to be responsible for executing the warrant; and
	(e)	the period for which the warrant remains in force, which must not be more than 7 days; and
	(f)	whether the warrant may be executed at any time or only during particular hours.
	(2)	The magistrate is also to state, in a warrant in relation to premises:
	(a)	that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (1)(c)) found at the premises in the course of the search that the executing officer or an officer assisting believes on reasonable grounds to be:
	(i)	evidential material in relation to an offence to which the warrant relates; or
	(ii)	evidential material in relation to another offence against this Act, where the other offence is an indictable offence;
		if the executing officer or an officer assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence against this Act or the regulations; and
	(b)	whether the warrant authorises an ordinary search or a frisk search of a person who is at or near the premises when the warrant is executed if the executing officer or an officer assisting suspects on reasonable grounds that the person has any evidential material or eligible seizable items in his or her possession.
	(3)	For the purposes of this Act, ordinary search means a search of a person or of articles in the possession of a person that may include:
	(a)	requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and
	(b)	an examination of those items.
	(4)	The magistrate is also to state, in a warrant in relation to a person:
	(a)	that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (1)(c)) found, in the course of the search, on or in the possession of the person or in an aircraft, vehicle or vessel that the person had operated or occupied at any time within 24 hours before the search began, being a thing that the executing officer or an officer assisting believes on reasonable grounds to be:
	(i)	evidential material in relation to an offence to which the warrant relates; or
	(ii)	evidential material in relation to another offence against this Act, where the other offence is an indictable offence;
		if the executing officer or an officer assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence against this Act or the regulations; and
	(b)	the kind of search of a person that the warrant authorises.
	(5)	Paragraph (1)(e) does not prevent the issue of successive warrants in relation to the same premises or person.
	(6)	If the application for the warrant is made under section 416, this section applies as if paragraph (1)(e) referred to 48 hours rather than 7 days.
415  Powers of magistrate
	(1)	A magistrate in a State or internal Territory may:
	(a)	issue a warrant in relation to premises or a person in that State or Territory; or
	(b)	issue a warrant in relation to premises or a person in an external Territory; or
	(c)	issue a warrant in relation to premises or a person in another State or internal Territory (including the Jervis Bay Territory) if he or she is satisfied that there are special circumstances that make the issue of the warrant appropriate; or
	(d)	issue a warrant in relation to a person wherever the person is in Australia or in an external Territory if he or she is satisfied that it is not possible to predict where the person may be.
	(2)	A magistrate in New South Wales or the Australian Capital Territory may issue a warrant in relation to premises or a person in the Jervis Bay Territory.
416  Warrants by telephone or other electronic means
Application
	(1)	An authorised person may make an application to a magistrate for a warrant by telephone, telex, facsimile or other electronic means:
	(a)	in an urgent case; or
	(b)	if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.
Voice communication
	(2)	The magistrate may require communication by voice to the extent that is practicable in the circumstances.
Information
	(3)	An application under this section must include all information as required to be provided in an ordinary application for a warrant, but the application may, if necessary, be made before the information is sworn.
Issue of warrant
	(4)	If an application is made to a magistrate under this section and the magistrate, after considering the information and having received and considered such further information (if any) as the magistrate required, is satisfied that:
	(a)	a warrant in the terms of the application should be issued urgently; or
	(b)	the delay that would occur if an application were made in person would frustrate the effective execution of the warrant;
the magistrate may complete and sign the same form of warrant that would be issued under section 413.
Notification
	(5)	If the magistrate decides to issue the warrant, the magistrate is to inform the applicant, by telephone, telex, facsimile or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed.
Form of warrant
	(6)	The applicant must then complete a form of warrant in terms substantially corresponding to those given by the magistrate, stating on the form the name of the magistrate and the day on which and the time at which the warrant was signed.
Completed form of warrant to be given to magistrate
	(7)	The applicant must, not later than the day after the day of expiry of the warrant or the day after the day on which the warrant was executed, whichever is the earlier, give or transmit to the magistrate:
	(a)	the form of warrant completed by the applicant; and
	(b)	if the information referred to in subsection (3) was not sworn—that information duly sworn.
Attachment
	(8)	The magistrate is to attach to the documents provided under subsection (7) the form of warrant completed by the magistrate.
Presumption
	(9)	If:
	(a)	it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under this section was duly authorised; and
	(b)	the form of warrant signed by the magistrate is not produced in evidence;
the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.
417  The things that are authorised by a search warrant
Search of premises
	(1)	A warrant that is in force in relation to premises authorises the executing officer or an officer assisting:
	(a)	to enter the premises; and
	(b)	to search for and record fingerprints found at the premises and to take samples of things found at the premises for forensic purposes; and
	(c)	to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises; and
	(d)	to seize other things found at the premises in the course of the search that the executing officer or an officer assisting believes on reasonable grounds to be:
	(i)	evidential material in relation to an offence to which the warrant relates; or
	(ii)	evidential material in relation to another offence against this Act, where the other offence is an indictable offence;
		if the executing officer or an officer assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence against this Act or the regulations; and
	(e)	to seize other things found at the premises in the course of the search that the executing officer or an officer assisting believes on reasonable grounds to be eligible seizable items; and
	(f)	if the warrant so allows—to conduct an ordinary search or a frisk search of a person at or near the premises if the executing officer or an officer assisting suspects on reasonable grounds that the person has any evidential material or eligible seizable items in his or her possession.
Search of a person
	(2)	A warrant that is in force in relation to a person authorises the executing officer or an officer assisting:
	(a)	to search:
	(i)	the person as specified in the warrant and things found in the possession of the person; and
	(ii)	any aircraft, vehicle or vessel that the person had operated or occupied at any time within 24 hours before the search began, for things specified in the warrant; and
	(b)	to:
	(i)	seize things of that kind; or
	(ii)	record fingerprints from things; or
	(iii)	take forensic samples from things;
		found in the course of the search; and
	(c)	to seize other things found on or in the possession of the person or in the aircraft, vehicle or vessel mentioned in subparagraph (a)(ii) in the course of the search that the executing officer or an officer assisting believes on reasonable grounds to be:
	(i)	evidential material in relation to an offence to which the warrant relates; or
	(ii)	evidential material in relation to another offence against this Act, where the other offence is an indictable offence;
		if the executing officer or an officer assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence against this Act or the regulations; and
	(d)	to seize other things found in the course of the search that the executing officer or an officer assisting believes on reasonable grounds to be eligible seizable items.
Hours when search warrant may be executed
	(3)	If the warrant states that it may be executed only during particular hours, the warrant must not be executed outside those hours.
Ordinary searches or frisk searches
	(4)	If the warrant authorises an ordinary search or a frisk search of a person, a search of the person different from that so authorised must not be done.
Seized items may be made available to other agencies
	(5)	If things are seized under a warrant, the warrant authorises the executing officer to make the things available to officers of other agencies if it is necessary to do so for the purpose of investigating or prosecuting an offence to which the things relate.
418  Availability of assistance, and use of force, in executing a warrant
	(1)	In executing a warrant:
	(a)	the executing officer may obtain such assistance as is necessary and reasonable in the circumstances; and
	(b)	the executing officer, or an authorised officer who is assisting in executing the warrant, may use such force against persons and things as is necessary and reasonable in the circumstances; and
	(c)	a person who is not an authorised officer, but who has been authorised to assist in executing the warrant, may use such force against things as is necessary and reasonable in the circumstances.
	(2)	A person who is not an authorised officer must not take part in searching or arresting a person.
419  Details of warrant to be given to occupier etc.
	(1)	If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the executing officer or an officer assisting must make available to that person a copy of the warrant.
	(2)	If a warrant in relation to a person is being executed, the executing officer or an officer assisting must make available to that person a copy of the warrant.
	(3)	If a person is searched under a warrant in relation to premises, the executing officer or an officer assisting must show the person a copy of the warrant.
	(4)	The executing officer must identify himself or herself to the person at the premises or the person being searched, as the case may be.
	(5)	The copy of the warrant referred to in subsections (1) and (2) need not include the signature of the magistrate who issued the warrant.
420  Specific powers available to person executing warrant
	(1)	In executing a warrant in relation to premises, the executing officer or an officer assisting may take photographs (including video recordings) of the premises or of things at the premises:
	(a)	for a purpose incidental to the execution of the warrant; or
	(b)	if the occupier of the premises consents in writing.
	(2)	If a warrant in relation to premises is being executed, the executing officer and all officers assisting may, if the warrant is still in force, complete the execution of the warrant after all of them temporarily cease its execution and leave the premises:
	(a)	for not more than one hour; or
	(b)	for a longer period if the occupier of the premises consents in writing.
	(3)	The execution of a warrant that is stopped by an order of a court may be completed if:
	(a)	the order is later revoked or reversed on appeal; and
	(b)	the warrant is still in force.
421  Use of equipment to examine or process things
	(1)	The executing officer or an officer assisting may bring to the warrant premises any equipment reasonably necessary for the examination or processing of things found at the premises in order to determine whether they are things that may be seized under the warrant.
	(2)	If:
	(a)	it is not practicable to examine or process the things at the warrant premises; or
	(b)	the occupier of the premises consents in writing;
the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized under the warrant.
	(3)	If things are moved to another place for the purpose of examination or processing under subsection (2), the executing officer must, if it is practicable to do so:
	(a)	inform the occupier of the address of the place and the time at which the examination or processing will be carried out; and
	(b)	allow the occupier or his or her representative to be present during the examination or processing.
	(4)	The executing officer or an officer assisting may operate equipment already at the warrant premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under the warrant if the executing officer or an officer assisting believes on reasonable grounds that:
	(a)	the equipment is suitable for the examination or processing; and
	(b)	the examination or processing can be carried out without damage to the equipment or thing.
422  Use of electronic equipment at premises
Operation of equipment
	(1)	The executing officer or an officer assisting may operate electronic equipment at the premises to see whether evidential material is accessible by doing so if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.
Seizure etc.
	(2)	If the executing officer or an officer assisting, after operating the equipment, finds that evidential material is accessible by doing so, he or she may:
	(a)	seize the equipment and any disk, tape or other associated device; or
	(b)	if the material can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material in that form and seize the documents so produced; or
	(c)	if the material can be transferred to a disk, tape or other storage device that:
	(i)	is brought to the premises; or
	(ii)	is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;
		operate the equipment or other facilities to copy the material to the storage device and take the storage device from the premises.
Limitation on seizure
	(3)	A person may seize equipment under paragraph (2)(a) only if:
	(a)	it is not practicable to put the material in document form as mentioned in paragraph (2)(b) or to copy the material as mentioned in paragraph (2)(c); or
	(b)	possession of the equipment by the occupier could constitute an offence.
Securing equipment
	(4)	If the executing officer or an officer assisting believes on reasonable grounds that:
	(a)	evidential material may be accessible by operating electronic equipment at the premises; and
	(b)	expert assistance is required to operate the equipment; and
	(c)	if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;
he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.
Notice about securing equipment
	(5)	The executing officer or an officer assisting must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.
Period for which equipment may be secured
	(6)	The equipment may be secured:
	(a)	for a period not exceeding 24 hours; or
	(b)	until the equipment has been operated by the expert;
whichever happens first.
Extension of period
	(7)	If the executing officer or an officer assisting believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of that period.
Notice to occupier
	(8)	The executing officer or an officer assisting must give notice to the occupier of the premises of his or her intention to apply for an extension, and the occupier is entitled to be heard in relation to the application.
Provisions relating to extensions
	(9)	The provisions of this Division relating to the issue of warrants apply, with such modifications as are necessary, to the issuing of an extension.
423  Compensation for damage to electronic equipment
	(1)	If:
	(a)	damage is caused to equipment as a result of it being operated as mentioned in section 421 or 422; and
	(b)	the damage was caused as a result of:
	(i)	insufficient care being exercised in selecting the person who was to operate the equipment; or
	(ii)	insufficient care being exercised by the person operating the equipment;
compensation for the damage is payable to the owner of the equipment.
	(2)	Compensation is payable out of money appropriated by the Parliament for the purpose.
	(3)	In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and his or her employees and agents, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.
424  Copies of seized things to be provided
	(1)	Subject to subsection (2), if an authorised officer seizes, under a warrant relating to premises:
	(a)	a document, film, computer file or other thing that can be readily copied; or
	(b)	a storage device the information in which can be readily copied;
the authorised officer must, if requested to do so by the occupier of the premises or another person who apparently represents the occupier and who is present when the warrant is executed, give a copy of the thing or the information to that person as soon as practicable after the seizure.
	(2)	Subsection (1) does not apply if:
	(a)	the thing that has been seized was seized under paragraph 422(2)(b) or (c); or
	(b)	possession of the document, film, computer file, thing or information by the occupier could constitute an offence.
425  Occupier entitled to be present during search
	(1)	If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the person is, subject to Part 1C of the Crimes Act 1914, entitled to observe the search being conducted.
	(2)	The right to observe the search being conducted ceases if the person impedes the search.
	(3)	This section does not prevent 2 or more areas of the premises being searched at the same time.
426  Receipts for things seized under warrant
	(1)	If a thing is seized under a warrant or moved under subsection 421(2), the executing officer or an officer assisting must provide a receipt for the thing.
	(2)	If 2 or more things are seized or moved, they may be covered in the one receipt.
427  Restrictions on personal searches
		A warrant can not authorise a strip search or a search of a person’s body cavities.
428  When a thing is in the possession of a person
		This Division applies to a person (the possessor) who has a thing under his or her control in any place (whether for the use or benefit of the possessor or of another person), even if another person has the actual possession or custody of the thing, as if the possessor has possession of the thing.

Division 5—Stopping and searching aircraft, vehicles or vessels
429  Searches of aircraft, vehicles or vessels without warrant in emergency situations
	(1)	This section applies if an authorised officer suspects, on reasonable grounds, that:
	(a)	evidential material in relation to an indictable offence against this Act is in or on an aircraft, vehicle or vessel; and
	(b)	it is necessary to exercise a power under subsection (2) in order to prevent the thing from being concealed, lost or destroyed; and
	(c)	it is necessary to exercise the power without the authority of a search warrant because the circumstances are serious and urgent.
	(2)	The authorised officer may:
	(a)	stop and detain the aircraft, vehicle or vessel; and
	(b)	search the aircraft, vehicle or vessel and any container in or on it, for the evidential material; and
	(c)	seize the evidential material if he or she finds it there.
	(3)	If, in the course of searching for the evidential material, the authorised officer finds any other evidential material in relation to any other offence against this Act or the regulations, he or she may seize that material if he or she suspects, on reasonable grounds, that:
	(a)	it is necessary to seize it in order to prevent its concealment, loss or destruction; and
	(b)	it is necessary to seize it without the authority of a search warrant because the circumstances are serious and urgent.
	(4)	When an authorised officer exercises a power under this section, he or she:
	(a)	may use such assistance as is necessary; and
	(b)	must search the aircraft, vehicle or vessel in a public place or in some other place to which members of the public have ready access; and
	(c)	must not detain the aircraft, vehicle or vessel for longer than is necessary and reasonable to search it and any container found in or on it; and
	(d)	may use such force as is necessary and reasonable in the circumstances, but must not damage the aircraft, vehicle or vessel or any container found in or on it by forcing open a part of the aircraft, vehicle or vessel or container unless:
	(i)	the person (if any) apparently in charge of the aircraft, vehicle or vessel has been given a reasonable opportunity to open that part or container; or
	(ii)	it is not possible to give that person such an opportunity.

Division 6—Arrest and related matters
430  Powers of arrest
	(1)	An authorised officer may, without warrant, arrest any person, if the authorised officer believes on reasonable grounds that:
	(a)	the person is committing or has committed an offence against this Act or the regulations; and
	(b)	proceedings against the person by summons would not be effective.
	(2)	If an authorised officer (other than a member of a police force who is in uniform) arrests a person under subsection (1), the authorised officer must:
	(a)	in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of that police force; and
	(b)	in any other case—produce his or her identity card for inspection by that person.
	(3)	If a person is arrested under subsection (1), an authorised officer must without unreasonable delay bring the person, or cause the person to be brought, before a Justice of the Peace or other proper authority to be dealt with in accordance with law.
431  Power to conduct a frisk search of an arrested person
		An authorised officer who arrests a person for an offence against this Act or the regulations, or who is present at such an arrest, may, if the authorised officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the arrested person is carrying any eligible seizable items:
	(a)	conduct a frisk search of the arrested person at or soon after the time of arrest; and
	(b)	seize any eligible seizable items found as a result of the search.
432  Power to conduct an ordinary search of an arrested person
		An authorised officer who arrests a person for an offence against this Act or the regulations, or who is present at such an arrest, may, if the authorised officer suspects on reasonable grounds that the arrested person is carrying:
	(a)	evidential material in relation to that or another offence against this Act or the regulations; or
	(b)	an eligible seizable item;
conduct an ordinary search of the arrested person at or soon after the time or arrest, and seize any such thing found as a result of the search.
433  Power to conduct search of arrested person’s premises
		An authorised officer who arrests a person at premises for an offence against this Act or the regulations, or who is present at such an arrest, may seize a thing in plain view at those premises that the authorised officer believes on reasonable grounds to be:
	(a)	evidential material in relation to that or another offence against this Act or the regulations; or
	(b)	an eligible seizable item.

Division 7—Miscellaneous provisions about searches, entry to premises, warrants etc.
434  Conduct of ordinary searches and frisk searches
		An ordinary search or a frisk search of a person under this Part must, if practicable, be conducted by a person of the same sex as the person being searched.
435  Announcement before entry
	(1)	An authorised officer must, before any person enters premises under a warrant or to arrest a person under this Act:
	(a)	announce that he or she is authorised to enter the premises; and
	(b)	give any person at the premises an opportunity to allow entry to the premises.
	(2)	An authorised officer is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure:
	(a)	the safety of a person (including an authorised officer); or
	(b)	that the effective execution of the warrant or the arrest is not frustrated.
436  Offence of making false statements in warrants
		A person is guilty of an offence punishable upon conviction by imprisonment for a term not exceeding 2 years if the person:
	(a)	makes a statement in an application for a warrant; and
	(b)	does so knowing the statement is false or misleading in a material particular.
437  Offences relating to telephone warrants
		A person must not:
	(a)	state in a document that purports to be a form of warrant under section 416 the name of a magistrate unless the magistrate issued the warrant; or
	(b)	state on a form of warrant under that section a matter that, to the person’s knowledge, departs in a material particular from the form authorised by the magistrate; or
	(c)	purport to execute, or present to another person, a document that purports to be a form of warrant under that section that the person knows:
	(i)	has not been approved by a magistrate under that section; or
	(ii)	departs in a material particular from the terms authorised by a magistrate under that section; or
	(d)	give to a magistrate a form of warrant under that section that is not the form of warrant that the person purported to execute.
Penalty:	Imprisonment for 2 years.
438  Retention of things which are seized
	(1)	Subject to any contrary order of a court, if a person seizes a thing under Division 4, 5or 6 the person must return it if:
	(a)	the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or
	(b)	if the thing was seized under section 429:
	(i)	the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or
	(ii)	the period of 60 days after its seizure ends;
		whichever first occurs;
unless the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership.
	(2)	If a thing is seized by an authorised officer under section 429, at the end of the 60 days specified in subsection (1), he or she must take reasonable steps to return the thing to the person from whom it was seized (or to the owner if that person is not entitled to possess it) unless:
	(a)	proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or
	(b)	the authorised officer may retain the thing because of an order under section 439; or
	(c)	the authorised officer is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy or dispose of the thing.
439  Magistrate may permit a thing to be retained
	(1)	If a thing is seized under section 429, and:
	(a)	before the end of 60 days after the seizure; or
	(b)	before the end of a period previously specified in an order of a magistrate under this section;
proceedings in respect of which the thing may afford evidence have not commenced, the authorised officer may apply to a magistrate for an order that he or she may retain the thing for a further period.
	(2)	If the magistrate is satisfied that it is necessary for the authorised officer to continue to retain the thing:
	(a)	for the purposes of an investigation as to whether an offence against this Act or the regulations has been committed; or
	(b)	to enable evidence of an offence against this Act or the regulations to be secured for the purposes of a prosecution;
the magistrate may order that the authorised officer may retain the thing for a period specified in the order.
	(3)	Before making the application, the authorised officer must:
	(a)	take reasonable steps to discover who has an interest in the retention of the thing; and
	(b)	if it is practicable to do so, notify each person who the authorised officer believes to have such an interest in the proposed application.
	(4)	A function of making an order conferred on a magistrate by this section is conferred on the magistrate in a personal capacity and not as a court or a member of a court.
	(5)	Without limiting the generality of subsection (4), an order made by a magistrate under this section has effect only by virtue of this Act and is not taken, by implication, to be made by a court.
	(6)	A magistrate performing a function of, or connected with, making an order under this section has the same protection and immunity as if he or she were performing that function as, or as a member of, a court (being the court of which the magistrate is a member).
	(7)	The Governor‑General may make arrangements with the Governor of a State, the Chief Minister of the Australian Capital Territory, the Administrator of the Northern Territory or the Administrator of Norfolk Island for the performance, by all or any of the persons who from time to time hold office as magistrates in that State or Territory, of the function of making orders under this section.
440  Law relating to legal professional privilege not affected
		This Part does not affect the law relating to legal professional privilege.
441  Other laws about search, arrest etc. not affected
	(1)	This Part is not intended to limit or exclude the operation of another law of the Commonwealth relating to:
	(a)	the search of persons or premises; or
	(b)	arrest and related matters; or
	(c)	the stopping, detaining or searching of aircraft, vehicles or vessels; or
	(d)	the seizure of things.
	(2)	To avoid doubt, it is declared that even though another law of the Commonwealth provides power to do one or more of the things referred to in subsection (1), a similar power conferred by this Part may be used despite the existence of the power under the other law.
442  Persons to assist authorised officers
	(1)	Subject to subsection (5), the owner, or person in charge:
	(a)	of any vehicle, vessel, aircraft or platform boarded by an authorised officer under section 403; or
	(b)	of any premises entered by an authorised officer under section 405;
must, if requested by an authorised officer to do so, provide reasonable assistance to the authorised officer in the performance of the functions, or carrying out of the duties, or the exercise of the powers, conferred on the authorised officer under this Act.
	(2)	A person must not contravene subsection (1).
Penalty:	Imprisonment for 12 months.
	(3)	Subject to subsection (5), the owner, or the person in charge, of:
	(a)	premises entered under a warrant; or
	(b)	an aircraft, vehicle or vessel stopped under section 429;
must, if requested by an authorised officer to do so, provide reasonable assistance to the authorised officer in the performance of the functions, or carrying out of the duties, or the exercise of the powers, conferred on the authorised officer under this Act.
	(4)	A person must not contravene subsection (3).
Penalty:	Imprisonment for 12 months.
	(5)	Where an authorised officer (other than a member of a police force who is in uniform) makes a request of a person under this section, the authorised officer must:
	(a)	in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of that police force; or
	(b)	in any other case—produce his or her identity card for inspection by that person;
and, if the authorised officer fails to do so, that person is not obliged to comply with the request.

Division 8—Power to search goods, baggage etc.
443  Power to search goods, baggage etc.
	(1)	This section applies to any goods that are to be, are being, or have been, taken on or off a ship that voyages, or an aircraft that flies, between:
	(a)	a place in Australia and a place outside Australia; or
	(b)	a place in an external Territory and a place outside that Territory.
	(2)	If an authorised officer believes, on reasonable grounds that goods are goods to which this section applies, he or she may:
	(a)	examine the goods; or
	(b)	if the goods are baggage—open and search the baggage; or
	(c)	if the goods are in a container—open and search the container.
	(3)	An authorised officer may ask a person who owns, is carrying or is otherwise associated with, or appears to the authorised officer to be associated with, goods to which this section applies any question in respect of the goods.
	(4)	A person must not refuse or fail to answer a question put to the person under subsection (3).
Penalty:	60 penalty units.
	(5)	In this Act:
baggage includes any parcel or other goods that:
	(a)	a passenger; or
	(b)	the master, a mate, an engineer or any other member of the crew of a ship; or
	(c)	the pilot or any other member of the crew of an aircraft;
has had with him or her on the ship or aircraft.
goods includes baggage.

Division 9—Power to ask for names and addresses
444  Authorised person may ask for person’s name and address
	(1)	An authorised officer may ask an individual to tell the authorised officer the individual’s name and address if the authorised officer has reasonable grounds to suspect that the individual has been involved in the commission of an offence against this Act or the regulations.
	(2)	Subject to subsection (4), a person must not refuse or fail to comply with a request under subsection (1).
Penalty:	10 penalty units.
	(3)	A person is guilty of an offence punishable upon conviction by a fine not exceeding 10 penalty units if the person:
	(a)	in purported compliance with a request under subsection (1), gives a name and address; and
	(b)	does so knowing the name or address is false or misleading.
	(4)	If an authorised officer makes a request of a person under subsection (1), the person is not required to comply with the request unless:
	(a)	if the authorised officer is a member of a police force—he or she produces, for inspection by the person, written evidence of the fact that he or she is a member of that police force; or
	(b)	in any other case—the authorised officer produces his or her identity card for inspection by the person.

Division 10—Seizure and forfeiture etc.
Subdivision A—Seizure of goods
445  Seizure of goods
	(1)	This section applies to any goods, including vehicles, vessels, aircraft, platforms, documents and organisms.
	(2)	An authorised officer may seize goods if he or she has reasonable grounds to suspect that:
	(a)	the goods have been used or otherwise involved in the commission of an offence against this Act or the regulations; or
	(b)	the goods will afford evidence of the commission of an offence against this Act or the regulations.
446  Retention of goods that have been seized
	(1)	Goods seized under section 445 may be retained until:
	(a)	the end of the period of 60 days after the seizure or the end of such extended period as is, or such extended periods as are, determined under subsection (3); or
	(b)	if:
	(i)	proceedings for an offence against this Act or the regulations are instituted within that period; and
	(ii)	the goods may have been used or otherwise involved in the commission of the offence or the goods may afford evidence of the commission of the offence;
the proceedings (including any appeal to a court in relation to those proceedings) are terminated.
	(2)	An authorised officer may apply to a magistrate for an extension of the period during which the authorised officer is entitled to retain particular goods seized under section 445.
	(3)	If the magistrate is satisfied that the retention of the goods for an extended period is warranted, the magistrate may make an order extending the period during which the goods may be retained. The maximum period of an individual extension is 30 days.
	(4)	Subsection (3) does not prevent a magistrate from granting 2 or more successive extensions under that subsection of the period during which particular goods may be retained.
	(5)	A function of making an order conferred on a magistrate by subsection (3) is conferred on the magistrate in a personal capacity and not as a court or a member of a court.
	(6)	Without limiting the generality of subsection (5), an order made by a magistrate under subsection (3) has effect only by virtue of this Act and is not taken, by implication, to be made by a court.
	(7)	A magistrate performing a function of, or connected with, making an order under subsection (3) has the same protection and immunity as if he or she were performing that function as, or as a member of, a court (being the court of which the magistrate is a member).
	(8)	The Governor‑General may make arrangements with the Governor of a State, the Chief Minister for the Australian Capital Territory, the Administrator of the Northern Territory or the Administrator of Norfolk Island for the performance, by all or any of the persons who from time to time hold office as magistrates in that State or Territory, of the function of making orders under subsection (3).
447  Disposal of goods if there is no owner or owner cannot be located
		If:
	(a)	goods are seized under section 445; and
	(b)	apart from this section, the Commonwealth is required to return the goods to the owner; and
	(c)	there is no owner or the Secretary cannot, despite making reasonable efforts, locate the owner;
the Secretary may dispose of the goods in such manner as the Secretary thinks appropriate.
448  Release of goods that have been seized
		The Secretary may authorise goods seized under section 445 or anything in, on or attached to such goods to be released to their owner, or to the person from whose possession they were seized, either:
	(a)	unconditionally; or
	(b)	on such conditions as the Secretary thinks fit (including conditions about the giving of security for giving payment of their value if they are forfeited).
Subdivision B—Immediate disposal of seized items
449  Immediate disposal of seized items
	(1)	If:
	(a)	a thing is seized under this Division; and
	(b)	it is reasonably likely that the retention of the thing would:
	(i)	constitute a serious threat to the environment; or
	(ii)	constitute a serious threat to the continued existence, in the wild, of a particular species of animal or of a particular species of plant; or
	(iii)	result in the introduction of an alien species that represents a threat to ecosystems, habitats or other species; or
	(iv)	constitute a danger to public health; or
	(v)	in the case of a live organism—constitute a significant threat to the health of the organism;
the Secretary may cause the thing to be dealt with in such manner as the Secretary considers appropriate (including the destruction of the thing).
	(2)	Subject to subsection (3), if a thing is dealt with in accordance with subsection (1), the Secretary must give to:
	(a)	the owner of the thing; or
	(b)	the person who had possession, custody or control of the thing immediately before it was seized;
a written notice:
	(c)	identifying the thing; and
	(d)	stating that the thing has been seized under this Division and giving the reason for the seizure; and
	(e)	stating that the thing has been dealt with under subsection (1) and specifying the manner in which it has been so dealt with and the reason for doing so; and
	(f)	setting out the terms of subsection (4).
The notice must be given as soon as practicable after the thing is so dealt with.
	(3)	The Secretary need not give a notice under subsection (2) about a thing if, after making such inquiries as the Secretary thinks appropriate, the Secretary does not, within 20 days after dealing with the thing, have sufficient information to enable the notice to be given.
	(4)	If a thing is dealt with in accordance with subsection (1), the owner of the thing may bring an action against the Commonwealth in a court of competent jurisdiction for the recovery of the market value of the thing at the time it was so dealt with. The action must be brought on the ground that the thing was not used or otherwise involved in the commission of an offence against this Act or the regulations.
Subdivision C—Court‑ordered forfeiture
450  Court‑ordered forfeiture
	(1)	If a court convicts a person of an offence against this Act or the regulations, the court may order the forfeiture to the Commonwealth of any thing used or otherwise involved in the commission of the offence.
	(2)	A court may make an order under subsection (1) even if the thing has been seized under this Act.
Subdivision D—Dealings in forfeited items
451  Dealings in forfeited items
	(1)	A thing forfeited to the Commonwealth under this Act becomes the property of the Commonwealth.
	(2)	A thing forfeited to the Commonwealth under this Act is to be dealt with in such manner as the Secretary considers appropriate.
	(3)	Without limiting subsection (2), the Secretary may sell a thing forfeited to the Commonwealth under this Act.
Subdivision E—Delivery of forfeited items to the Commonwealth
452  Delivery of forfeited items to the Commonwealth
	(1)	If:
	(a)	a thing is forfeited to the Commonwealth under this Act; and
	(b)	the thing has not been dealt with under section 451; and
	(c)	the thing is in the possession, custody or control of a person other than:
	(i)	the Commonwealth; or
	(ii)	an agency of the Commonwealth;
the person must deliver the thing to the Secretary.
	(2)	A person must not contravene subsection (1).
Penalty:	Imprisonment for 2 years.
Subdivision F—Keeping of organisms that have been seized
453  Keeping of organisms retained under this Part
		If a person is authorised under this Part to retain an organism, the person may do so by causing the organism to be taken to, and kept at, a place approved by the Secretary for the purpose of keeping organisms seized under this Division.
454  Recovery of costs of storing or keeping organisms
	(1)	If an organism is seized under this Division, the owner is liable to pay to the Commonwealth an amount equal to the sum of the following costs:
	(a)	reasonable costs incurred by the Commonwealth in relation to the custody of the organism;
	(b)	reasonable costs incurred by the Commonwealth in transporting the organism;
	(c)	reasonable costs incurred by the Commonwealth in maintaining the organism.
	(2)	If:
	(a)	an organism is seized under this Division; and
	(b)	the organism is disposed of;
the owner is liable to pay to the Commonwealth an amount equal to the reasonable costs incurred by the Commonwealth in disposing of the organism.
	(3)	An amount payable by a person under this section is a debt due by the person to the Commonwealth.
	(4)	An amount payable by a person to the Commonwealth under this section may be recovered by action in a court of competent jurisdiction.
	(5)	The Secretary may remit an amount payable by a person under this section.
	(6)	In addition to its effect apart from this subsection, this section also has the effect it would have if a liability under this section were, by express provision, confined to the case of an organism that:
	(a)	is forfeited to the Commonwealth under this Act; or
	(b)	would have been forfeited to the Commonwealth under this Act if it had not been disposed of.
Subdivision G—Rescuing goods
455  Rescuing goods
		A person is guilty of an offence punishable upon conviction by imprisonment for a term not exceeding 2 years if:
	(a)	the person rescues any goods; and
	(b)	the goods have been, or are about to be, seized under this Act.
456  Breaking or destroying goods or documents to prevent seizure etc.
	(1)	A person must not:
	(a)	stave, break or destroy any goods in order to prevent the seizure of goods, the securing of goods, or the proof of any offence under this Act; or
	(b)	destroy any documents relating to any goods in order to prevent the seizure of goods, the securing of goods, or the proof of any offence under this Act.
Penalty:	Imprisonment for 2 years.
	(2)	This section applies to vehicles, vessels, aircraft, platforms, documents and organisms in the same way as it applies to goods.

Division 11—Powers of pursuit
457  Power to pursue persons etc.
	(1)	An authorised officer may exercise in relation to vessels (other than Australian vessels) and foreign nationals in any place (except the territorial sea of another country) a power conferred on the authorised officer under section 403, 406 or 430 if:
	(a)	one or more authorised officers (whether or not including the authorised officer exercising the power) have pursued the person or vessel from a place within the Australian jurisdiction to such a place; and
	(b)	the pursuit was not terminated or interrupted at any time before the authorised officer concerned arrived at such a place with a view to exercising that power.
	(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 authorised 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 losing output from a radar or other sensing device.

Division 12—Environmental audits
458  Directed environmental audits
	(1)	The Minister may, by written notice given to the holder of an environmental authority, require the holder to carry out an environmental audit if the Minister believes or suspects on reasonable grounds that the holder has contravened, or is likely to contravene, a condition of the authority.
	(2)	The notice must specify:
	(a)	the matters to be covered by the audit; and
	(b)	the form of the audit report and the kinds of particulars it is to contain; and
	(c)	the date on or before which the report must be given to the Minister.
	(3)	Without limiting the matters that may be specified under paragraph (2)(a), those matters may include all or any of the following:
	(a)	an evaluation of the nature of the environment that is or will be affected by the holder’s activities; and
	(b)	an assessment of the risks to the environment resulting from the activities; and
	(c)	an assessment of the holder’s existing capacity to comply with the authority and the requirements of this Act and the regulations in carrying on the activities; and
	(d)	an assessment of what the holder will need to do, or continue to do, so to comply.
	(4)	For the purposes of this Act, an environmental authority is:
	(a)	an approval under Part 9; or
	(b)	a permit issued under Chapter 5.
459  Appointment of auditor and carrying out of audit
	(1)	If the Minister gives the holder of an environmental authority a notice under section 458, the holder must appoint an environmental auditor and arrange for the auditor to carry out an environmental audit in accordance with the notice.
	(2)	The holder of an environmental authority must not contravene subsection (1).
Civil penalty:	500 penalty units.
	(3)	The holder must not appoint an officer or employee of the holder to be an environmental auditor.
	(4)	The holder must not appoint a person to be an environmental auditor unless the Minister has approved the person for such appointment before the appointment is made.
	(5)	An appointment of a person as an environmental auditor made otherwise than in accordance with subsections (3) and (4) has no effect.
460  Nature of directed environmental audit
	(1)	If:
	(a)	an environmental auditor carries out a directed environmental audit; and
	(b)	in the course of carrying out the audit, the auditor does not deal with a particular matter; and
	(c)	the matter is specified in the Minister’s notice under section 458 as a matter that is to be covered by the audit;
the auditor is guilty of an offence, punishable on conviction by a fine not exceeding 30 penalty units.
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibilities.
	(2)	If:
	(a)	an environmental auditor carries out a directed environmental audit; and
	(b)	in the course of carrying out the audit, the auditor conceals, or does not take into account, any information or document; and
	(c)	the information or document is relevant to the audit;
the auditor is guilty of an offence punishable on conviction by imprisonment for not more than 6 months.
Note 1:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2:	Subsection 4B(2) of the Crimes Act 1914 lets a court that convicts an individual of an offence impose a fine instead of, or as well as, imprisonment. The maximum fine (in penalty units) the court can impose is 5 times the maximum term of imprisonment (in months).
	(3)	In carrying out a directed environmental audit, the environmental auditor may, if:
	(a)	an environmental audit (including an environmental audit carried out in accordance with a condition of the relevant authority) was completed within the last preceding 2 years; and
	(b)	the auditor is satisfied that the previous audit is still relevant;
have regard to the results of the previous audit.
	(4)	For the purposes of this Division, a directed environmental audit is an audit required by a notice under section 458.
461  Audit reports
	(1)	After completing a directed environmental audit, the environmental auditor must prepare, and give the holder of the relevant environmental authority, a written report setting out the results of the audit.
	(2)	The holder must give the report to the Minister:
	(a)	on or before the date specified by the Minister under paragraph 458(2)(c); or
	(b)	on or before such later date as the Minister, on application by the holder, determines.
	(3)	If the holder fails to comply with subsection (2), the holder is guilty of an offence, punishable on conviction by a fine not exceeding 50 penalty units.
Note:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibilities.
	(4)	If:
	(a)	the environmental auditor includes a statement in the report; and
	(b)	the statement is false or misleading in a material particular;
the auditor is guilty of an offence punishable on conviction by imprisonment for not more than 6 months.
Note 1:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2:	Subsection 4B(2) of the Crimes Act 1914 lets a court that convicts an individual of an offence impose a fine instead of, or as well as, imprisonment. The maximum fine (in penalty units) the court can impose is 5 times the maximum term of imprisonment (in months).
462  Directed environmental audits do not affect other audit obligations
		This Division does not affect any obligation of a holder of an environmental authority to carry out an environmental audit in accordance with a condition of the authority.

Division 13—Conservation orders
Subdivision A—Simplified outline
463  Simplified outline of this Division
		The following is a simplified outline of this Division:
The Minister may make conservation orders controlling activities, and requiring specified people to take specified actions, in Commonwealth areas to protect listed threatened species or ecological communities.
A person who contravenes a conservation order commits an offence.
Before the Minister makes a conservation order, he or she must consult various Commonwealth agencies.
The Secretary must publicise conservation orders, and may give assistance to a person to comply with a conservation order.
Subdivision B—Making and reviewing conservation orders
464  Minister may make conservation orders
Making conservation orders
	(1)	The Minister may make a written order (a 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 470 makes contravening a conservation order an offence.
Prerequisite to making conservation order
	(2)	The Minister may only make a conservation order if he or she reasonably believes that it is necessary to make the order to protect a listed threatened species or a listed threatened ecological community.
Minister must consider economic and social matters
	(3)	In considering whether to make a conservation order, the Minister must be satisfied that making the order is justified, having regard to economic and social considerations that are consistent with the principles of ecologically sustainable development.
Minister must consult before making conservation order
	(4)	Before making a conservation order, the Minister:
	(a)	must seek the Secretary’s advice on whether it should be made; and
	(b)	must consult each Commonwealth agency that may be affected by the order, and any other Commonwealth agency the Minister thinks appropriate, unless delay in making the order would result in significant, irreparable damage to a listed threatened species or listed threatened ecological community.
465  Duration of conservation orders
	(1)	A conservation order comes into force:
	(a)	if a commencement day is specified in the order—on that day; or
	(b)	otherwise—immediately after it is made.
	(2)	The order remains in force:
	(a)	for the period (if any) specified in the order; or
	(b)	until it is revoked by the Minister.
466  Reviews of conservation orders
	(1)	The Minister must:
	(a)	at intervals of not more than 5 years, review the conservation order; and
	(b)	after each review, confirm, vary or revoke the order by instrument in writing.
	(2)	Before reviewing the order, the Minister must seek the Secretary’s advice on the review.
	(3)	The Minister must not revoke the order unless he or she is satisfied that the order is no longer needed to protect the environment.
	(4)	The Minister must not vary the order unless he or she is satisfied that the order as varied adequately protects the listed threatened species or listed threatened ecological community the order was first made to protect.
	(5)	Immediately after a variation of the order, the order continues in force as so varied.
467  Publication of conservation orders
	(1)	As soon as practicable after making or reviewing a conservation order, the Minister must cause the Secretary to be informed of the making of the order, or the decision on the review, as the case requires.
	(2)	The Secretary 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 or self‑governing Territory 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
	(ii)	a statement to the effect that contravention of the order is an offence against this Act; and
	(iii)	if applicable, a statement of the decision on the review; and
	(iv)	a statement to the effect that a person affected by the order may apply to the Minister, within 28 days of the publication (or within such further period as the Minister allows), for a reconsideration of the order by the Minister; and
	(b)	take all reasonable steps to ensure that each person who the Secretary knows would be affected by the order is given a notice containing:
	(i)	a copy of the order; and
	(ii)	if applicable, a statement of the decision on the review; and
	(iii)	unless the person is a Commonwealth agency or an agency of a State or self‑governing Territory—a statement to the effect that contravention of the order is an offence against this Act; and
	(iv)	a statement to the effect that the person may apply to the Minister, within 28 days of being given the notice (or within such further period as the Minister allows), for a reconsideration of the order by the Minister.
	(3)	Failure to comply with this section does not affect the validity of the order.
468  Application for reconsideration of conservation orders or decisions on review
	(1)	A person affected by a conservation order, or by the decision on a review of a 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 467(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.
469  Reconsideration of conservation orders and decisions on review
	(1)	Upon receiving the application, the Minister must:
	(a)	seek the Secretary’s advice on the application; and
	(b)	reconsider the conservation order or the decision on review, as the case requires; and
	(c)	by written instrument:
	(i)	confirm, vary or revoke the order; or
	(ii)	confirm or vary the decision on review; and
	(d)	cause the Secretary to be informed accordingly.
	(2)	As soon as practicable after being so informed, the Secretary must:
	(a)	notify the applicant in writing of the result of the reconsideration; and
	(b)	if the order is revoked or varied or the decision on review is varied—cause to be published in the Gazette, and in any other way required by the regulations, a notice:
	(i)	stating that fact; and
	(ii)	in the case of a variation—setting out a copy of the order or decision as so varied.
	(3)	Immediately after a variation of the order, the order continues in effect as so varied.
Subdivision C—Complying with conservation orders
470  Contravening conservation orders is an offence
	(1)	A person must not take an action reckless as to whether the action contravenes a conservation order.
Penalty:	500 penalty units.
	(2)	If a person believes that taking action that he or she proposes to take may contravene a particular conservation order, the person may seek the Minister’s advice under subsection 471(3) 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 471(3) to the effect that the order would not be contravened.
471  Minister to consider proposed actions etc.
	(1)	This section applies to a proposed action if it is referred to the Minister under section 470 for the Minister’s advice on whether it would contravene a conservation order.
	(2)	A person who proposes to take the action may make written submissions to the Minister about the proposed action.
	(3)	The Minister must:
	(a)	refer the proposed action, together with any submissions received by the Minister about the proposed action, to the Secretary; and
	(b)	after considering the Secretary’s advice on the matter, give the person who sought the Minister’s advice under section 470 a written notice of the minister’s advice on the proposed action.
472  Contents of notices of advice
	(1)	The notice of advice must state whether the Minister thinks that the proposed action would contravene a conservation order.
	(2)	If the notice of advice is given to a person who is not a Commonwealth agency, it must include:
	(a)	a statement to the effect that, if the person is dissatisfied with the Minister’s decision to give that advice, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision; and
	(b)	a statement to the effect that the person may request a statement under section 28 of that Act in relation to the decision.
473  Review by the Administrative Appeals Tribunal
	(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.
474  Assistance in complying with conservation orders
	(1)	On behalf of the Commonwealth, the Secretary may provide assistance to a person (other than a Commonwealth agency) to comply with prohibitions, restrictions or requirements imposed on a person by a 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 Secretary 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 519.

Division 14—Injunctions
475  Injunctions for contravention of the Act
Applications for injunctions
	(1)	If a person has engaged, engages or proposes to engage in conduct consisting of an act or omission that constitutes an offence or other contravention of this Act or the regulations:
	(a)	the Minister; or
	(b)	an interested person (other than an unincorporated organisation); or
	(c)	a person acting on behalf of an unincorporated organisation that is an interested person;
may apply to the Federal Court for an injunction.
Prohibitory injunctions
	(2)	If a person has engaged, is engaging or is proposing to engage in conduct constituting an offence or other contravention of this Act or the regulations, the Court may grant an injunction restraining the person from engaging in the conduct.
Additional orders with prohibitory injunctions
	(3)	If the court grants an injunction restraining a person from engaging in conduct and in the Court’s opinion it is desirable to do so, the Court may make an order requiring the person to do something (including repair or mitigate damage to the environment).
Mandatory injunctions
	(4)	If a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail to do an act, and the refusal or failure did, does or would constitute an offence or other contravention of this Act or the regulations, the Court may grant an injunction requiring the person to do the act.
Interim injunctions
	(5)	Before deciding an application for an injunction under this section, the Court may grant an interim injunction:
	(a)	restraining a person from engaging in conduct; or
	(b)	requiring a person to do an act.
Meaning of interested person—individuals
	(6)	For the purposes of an application for an injunction relating to conduct or proposed conduct, an individual is an interested person if the individual is an Australian citizen or ordinarily resident in Australia or an external Territory, and:
	(a)	the individual’s interests have been, are or would be affected by the conduct or proposed conduct; or
	(b)	the individual engaged in a series of activities for protection or conservation of, or research into, the environment at any time in the 2 years immediately before:
	(i)	the conduct; or
	(ii)	in the case of proposed conduct—making the application for the injunction.
Meaning of interested person—organisations
	(7)	For the purposes of an application for an injunction relating to conduct or proposed conduct, an organisation (whether incorporated or not) is an interested person if it is incorporated (or was otherwise established) in Australia or an external Territory and one or more of the following conditions are met:
	(a)	the organisation’s interests have been, are or would be affected by the conduct or proposed conduct;
	(b)	if the application relates to conduct—at any time during the 2 years immediately before the conduct:
	(i)	the organisation’s objects or purposes included the protection or conservation of, or research into, the environment; and
	(ii)	the organisation engaged in a series of activities related to the protection or conservation of, or research into, the environment;
	(c)	if the application relates to proposed conduct—at any time during the 2 years immediately before the making of the application:
	(i)	the organisation’s objects or purposes included the protection or conservation of, or research into, the environment; and
	(ii)	the organisation engaged in a series of activities related to the protection or conservation of, or research into, the environment.
476  Injunctions for contraventions of conservation agreements
Applications for injunctions
	(1)	If a party to a conservation agreement engages or proposes to engage in conduct consisting of an act or omission that constitutes a contravention of the agreement, another party to the agreement or the Minister may apply to the Federal Court for an injunction.
Prohibitory injunctions
	(2)	If a person has engaged, is engaging or is proposing to engage in conduct contravening the agreement, the Court may grant an injunction restraining the person from engaging in the conduct.
Additional orders with prohibitory injunctions
	(3)	If the court grants an injunction restraining a person from engaging in conduct and in the Court’s opinion it is desirable to do so, the Court may make an order requiring the person to do something (including repair or mitigate damage to the environment).
Mandatory injunctions
	(4)	If a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail to do an act, and the refusal or failure was, is or would be a contravention of the agreement, the Court may grant an injunction requiring the person to do the act.
Interim injunctions
	(5)	Before deciding an application for an injunction under this section the Court may grant an interim injunction:
	(a)	restraining a person from engaging in conduct; or
	(b)	requiring a person to do an act.
477  Discharge of injunctions
		On application, the Federal Court may discharge or vary an injunction.
478  No undertakings as to damages
		The Federal Court is not to require an applicant for an injunction to give an undertaking as to damages as a condition of granting an interim injunction.
479  Certain considerations for granting injunctions not relevant
Prohibitory injunctions
	(1)	The Federal Court may grant an injunction restraining a person from engaging in conduct:
	(a)	whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and
	(b)	whether or not the person has previously engaged in conduct of that kind; and
	(c)	whether or not there is a significant risk of injury or damage to human beings or the environment if the person engages, or continues to engage, in conduct of that kind.
Mandatory injunctions
	(2)	The Federal Court may grant an injunction requiring a person to do a particular act or thing:
	(a)	whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do the act or thing; and
	(b)	whether or not the person has previously refused or failed to do the act or thing; and
	(c)	whether or not there is a significant risk of injury or damage to human beings or the environment if the person refuses or fails, or continues to refuse or fail, to do the act or thing.
480  Powers conferred are in addition to other powers of the Court
		The powers conferred on the Federal Court by this Division are in addition to (and do not limit) any other powers of the Court.

Division 15—Civil penalties
481  Federal Court may order person to pay pecuniary penalty for contravening civil penalty provision
Application for order
	(1)	Within 6 years of a person (the wrongdoer) contravening a civil penalty provision, the Minister may apply on behalf of the Commonwealth to the Federal Court for an order that the wrongdoer pay the Commonwealth a pecuniary penalty.
Court may order wrongdoer to pay pecuniary penalty
	(2)	If the Court is satisfied that the wrongdoer has contravened a civil penalty provision, the Court may order the wrongdoer to pay to the Commonwealth for each contravention the pecuniary penalty that the Court determines is appropriate (but not more than the relevant amount specified for the provision).
Determining amount of pecuniary penalty
	(3)	In determining the pecuniary penalty, the Court must have regard to all relevant matters, including:
	(a)	the nature and extent of the contravention; and
	(b)	the nature and extent of any loss or damage suffered as a result of the contravention; and
	(c)	the circumstances in which the contravention took place; and
	(d)	whether the person has previously been found by the Court in proceedings under this Act to have engaged in any similar conduct.
Conduct contravening more than one civil penalty provision
	(4)	If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Act against a person in relation to the contravention of any one or more of those provisions. However, the person is not liable to more than one pecuniary penalty under this section in respect of the same conduct.
482  What is a civil penalty provision?
		A subsection of this Act (or a section of this Act that is not divided into subsections) is a civil penalty provision if:
	(a)	the words “civil penalty” and one or more amounts in penalty units are set out at the foot of the subsection (or section); or
	(b)	another provision of this Act specifies that the subsection (or section) is a civil penalty provision.
483  Contravening a civil penalty provision is not an offence
		A contravention of a civil penalty provision is not an offence.
484  Persons involved in contravening civil penalty provision
	(1)	A person must not:
	(a)	aid, abet, counsel or procure a contravention of a civil penalty provision; or
	(b)	induce (by threats, promises or otherwise) a contravention of a civil penalty provision; or
	(c)	be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or
	(d)	conspire to contravene a civil penalty provision.
	(2)	This Division applies to a person who contravenes subsection (1) in relation to a civil penalty provision as if the person had contravened the provision.
485  Recovery of a pecuniary penalty
		If the Federal Court orders a person to pay a pecuniary penalty:
	(a)	the penalty is payable to the Commonwealth; and
	(b)	the Commonwealth may enforce the order as if it were a judgment of the Court.
486  Gathering information for application for pecuniary penalty
	(1)	This section applies if it appears to the Minister that a person (the wrongdoer) may have contravened a civil penalty provision.
	(2)	If the Minister, on reasonable grounds, suspects or believes that a person other than the wrongdoer can give information relevant to an application for a civil penalty order in relation to the contravention, whether or not such an application has been made, the Minister may, by writing given to the person, require the person to give all reasonable assistance in connection with such an application.
	(3)	Subsection (2) does not apply in relation to a duly qualified legal practitioner who is acting, or has acted, for the wrongdoer.
	(4)	If a person fails to give assistance as required under subsection (2):
	(a)	the person contravenes this subsection; and
	(b)	the Federal Court may, on the application of the Minister, order the person to comply with the requirement as specified in the order.

Division 16—Review of administrative decisions
487  Extended standing for judicial review
	(1)	This section extends (and does not limit) the meaning of the term person aggrieved in the Administrative Decisions (Judicial Review) Act 1977 for the purposes of the application of that Act in relation to:
	(a)	a decision made under this Act or the regulations; or
	(b)	a failure to make a decision under this Act or the regulations; or
	(c)	conduct engaged in for the purpose of making a decision under this Act or the regulations.
	(2)	An individual is taken to be a person aggrieved by the decision, failure or conduct if:
	(a)	the individual is an Australian citizen or ordinarily resident in Australia or an external Territory; and
	(b)	at any time in the 2 years immediately before the decision, failure or conduct, the individual has engaged in a series of activities in Australia or an external Territory for protection or conservation of, or research into, the environment.
	(3)	An organisation or association (whether incorporated or not) is taken to be a person aggrieved by the decision, failure or conduct if:
	(a)	the organisation or association is incorporated, or was otherwise established, in Australia or an external Territory; and
	(b)	at any time in the 2 years immediately before the decision, failure or conduct, the organisation or association has engaged in a series of activities in Australia or an external Territory for protection or conservation of, or research into, the environment; and
	(c)	at the time of the decision, failure or conduct, the objects or purposes of the organisation or association included protection or conservation of, or research into, the environment.
	(4)	A term (except person aggrieved) used in this section and in the Administrative Decisions (Judicial Review) Act 1977 has the same meaning in this section as it has in that Act.
488  Applications on behalf of unincorporated organisations
	(1)	A person acting on behalf of an unincorporated organisation that is a person aggrieved (for the purposes of the Administrative Decisions (Judicial Review) Act 1977) by:
	(a)	a decision made under this Act or the regulations; or
	(b)	a failure to make a decision under this Act or the regulations; or
	(c)	conduct engaged in for the purpose of making a decision under this Act or the regulations;
may apply under that Act for a review of the decision, failure or conduct.
	(2)	The Administrative Decisions (Judicial Review) Act 1977 applies in relation to the person as if he or she were a person aggrieved.

Division 17—Duty to provide accurate information
489  Providing false or misleading information to obtain approval or permit
	(1)	A person is guilty of an offence if:
	(a)	the person provides information in response to a requirement or request under Part 7, 8, 9 or 13; and
	(b)	the person is reckless as to whether the information is false or misleading in a material particular.
Note 1:	The fault element in paragraph (1)(b) can be demonstrated by proof of knowledge. See subsection 5.4(4) of the Criminal Code.
Note 2:	Section 492 provides a defence if the person informed the recipient that the information was false or misleading and explained how it was false or misleading.
	(2)	The offence is punishable on conviction by:
	(a)	imprisonment for a term not more than 2 years, a fine not more than 120 penalty units, or both, if it is proved the person knew the information was false or misleading; or
	(b)	imprisonment for a term not more than 1 year, a fine not more than 60 penalty units, or both, if it is proved the person was reckless as to whether the information was false or misleading.
Note:	Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.
	(3)	Subsection (1) does not apply to a requirement to provide information that is imposed by a condition attached to an environmental authority.
Note:	The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.
490  Providing false or misleading information in response to a condition on an approval or permit
	(1)	A person is guilty of an offence if:
	(a)	the person is the holder of an environmental authority; and
	(b)	a condition attached to the environmental authority requires the person to provide information; and
	(c)	the person provides information in response (or purportedly in response) to the requirement; and
	(d)	the person is reckless as to whether the information is false or misleading in a material particular.
Note 1:	The fault element in paragraph (1)(d) can be demonstrated by proof of knowledge. See subsection 5.4(4) of the Criminal Code.
Note 2:	Section 492 provides a defence if the person informed the recipient that the information was false or misleading and explained how it was false or misleading.
	(2)	The offence is punishable on conviction by:
	(a)	imprisonment for a term not more than 2 years, a fine not more than 120 penalty units, or both, if it is proved the person knew the information was false or misleading; or
	(b)	imprisonment for a term not more than 1 year, a fine not more than 60 penalty units, or both, if it is proved the person was reckless as to whether the information was false or misleading.
Note:	Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.
491  Providing false or misleading information to authorised officer etc.
	(1)	A person is guilty of an offence if the person:
	(a)	provides information or a document to another person (the recipient); and
	(b)	knows the recipient is:
	(i)	an authorised officer; or
	(ii)	the Minister; or
	(iii)	an employee or officer in the Department; or
	(iv)	a commissioner;
		performing a duty or carrying out a function under this Act or the regulations; and
	(c)	knowing the information or document is false or misleading in a material particular.
Note:	Section 492 provides a defence if the person informed the recipient that the information or document was false or misleading and explained how it was false or misleading.
	(2)	The offence is punishable on conviction by imprisonment for a term not more than 1 year, a fine not more than 60 penalty units, or both.
Note:	Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.
492  Defence of explanation of false or misleading information
		Sections 489, 490 and 491 do not apply if the person who provided the information or document explained to the person to whom the information or document was provided:
	(a)	that the information or document was false or misleading; and
	(b)	how the information or document was false or misleading.
Note:	The defendant bears an evidential burden in relation to the matter in this section. See subsection 13.3(3) of the Criminal Code.

Division 18—Liability of executive officers for corporations
493  Who is an executive officer of a body corporate?
		In this Act:
executive officer of a body corporate means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.
494  Civil penalties for executive officers of bodies corporate
	(1)	If:
	(a)	a body corporate contravenes a provision of Part 3 that is a civil penalty provision or section 142; and
	(b)	an executive officer of the body knew that, or was reckless or negligent as to whether, the contravention would occur; and
	(c)	the officer was in a position to influence the conduct of the body in relation to the contravention; and
	(d)	the officer failed to take all reasonable steps to prevent the contravention;
the officer contravenes this subsection.
	(2)	Subsection (1) is a civil penalty provision. Under section 481, the Federal Court may order a person contravening subsection (1) to pay a pecuniary penalty not more than the pecuniary penalty the Court could order an individual to pay for contravening the civil penalty provision contravened by the body corporate.
495  Criminal liability of executive officers of bodies corporate
		If:
	(a)	a body corporate contravenes:
	(i)	section 489 (Providing false or misleading information to obtain approval or permit); or
	(ii)	section 490 (Providing false or misleading information in response to a condition on an approval or permit); or
	(iii)	section 491 (Providing false or misleading information to authorised officer etc.); and
	(b)	an executive officer of the body knew that, or was reckless or negligent as to whether, the contravention would occur; and
	(c)	the officer was in a position to influence the conduct of the body in relation to the contravention; and
	(d)	the officer failed to take all reasonable steps to prevent the contravention;
the officer is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 2 years.
Note 1:	Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2:	Subsection 4B(2) of the Crimes Act 1914 lets a court that convicts an individual of an offence impose a fine instead of, or as well as, imprisonment. The maximum fine (in penalty units) the court can impose is 5 times the maximum term of imprisonment (in months).
496  Did an executive officer take reasonable steps to prevent contravention?
	(1)	For the purposes of sections 494 and 495, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent the contravention, a court is to have regard to:
	(a)	what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):
	(i)	that the body arranges regular professional assessments of the body’s compliance with this Act and the regulations;
	(ii)	that the body implements any appropriate recommendations arising from such an assessment;
	(iii)	that the body has an appropriate system established for managing the effects of the body’s activities on the environment;
	(iv)	that the body’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with this Act and the regulations, in so far as those requirements affect the employees, agents or contractors concerned; and
	(b)	what action (if any) the officer took when he or she became aware that the body was contravening:
	(i)	this Act; or
	(ii)	the regulations; or
	(iii)	if the body contravened Part 3 or section 142—any environmental management plan that was prepared by the body, and approved by the Minister, as required by a condition attached to an approval under Part 9 for the purposes of a provision of Part 3 of the body’s taking of an action.
	(2)	This section does not, by implication, limit the generality of sections 494 and 495.

Division 19—Infringement notices
497  Infringement notices
	(1)	The regulations may make provision enabling a person who is alleged to have committed an offence against the regulations to pay a penalty to the Commonwealth as an alternative to prosecution.
	(2)	The penalty must equal one‑fifth of the maximum fine that a court could impose on the person as a penalty for that offence.

Division 20—Publicising contraventions
498  Minister may publicise contraventions of this Act or the regulations
	(1)	The Minister may publicise, in any way he or she thinks appropriate, a contravention of this Act or the regulations for which a person has been convicted or ordered to pay a pecuniary penalty.
	(2)	This Division does not:
	(a)	limit the Minister’s powers to publicise a contravention of this Act or the regulations; or
	(b)	prevent anyone else from publicising a contravention of this Act or the regulations; or
	(c)	affect any obligation (however imposed) on anyone to publicise a contravention of this Act or the regulations.

Part 18—Remedying environmental damage
  
499  Commonwealth powers to remedy environmental damage
	(1)	This section applies if the Minister suspects that an act or omission constitutes a contravention of this Act or the regulations (whether or not the act or omission is an offence against this Act or the regulations).
	(2)	On behalf of the Commonwealth, the Minister may cause to be taken such steps as he or she thinks proper:
	(a)	to repair or remove any condition that arises from the act or omission and relates to:
	(i)	the environment; or
	(ii)	if the contravention was of a provision of Part 3—the matter protected by the provision; or
	(b)	to mitigate any damage that arises from the act or omission and relates to:
	(i)	the environment; or
	(ii)	if the contravention was of a provision of Part 3—the matter protected by the provision; or
	(c)	to prevent any damage that is likely to arise from the act or omission and relates to:
	(i)	the environment; or
	(ii)	if the contravention was of a provision of Part 3—the matter protected by the provision.
	(3)	If:
	(a)	a person provided false or misleading information in contravention of section 489; and
	(b)	as a result of the contravention the Minister granted an environmental authority to a person, or set conditions relating to the environmental authority, unaware of the certainty or likelihood of the action covered by the authority:
	(i)	resulting in damage to the environment or to a matter protected by a provision of Part 3; or
	(ii)	giving rise to a condition relating to the environment or to a matter protected by a provision of Part 3; and
	(c)	the action results in damage to the environment or gives rise to a condition relating to the environment;
then, for the purposes of this section and section 500, the damage or condition is taken to arise from the provision of false or misleading information in contravention of section 489.
	(4)	This section does not affect the exercise by the Commonwealth or the Minister of powers under another provision of this Act or under any other law.
500  Liability for loss or damage caused by contravention
	(1)	A person (the wrongdoer) who contravenes this Act or the regulations is liable to pay to another person (the affected party) who suffers loss or damage arising from the contravention an amount equal to the other person’s loss or damage.
	(2)	Without limiting the amount payable under subsection (1), the loss or damage a person suffers from a contravention of this Act or the regulations includes the expenses and liabilities (if any) reasonably incurred by the affected party to:
	(a)	repair or remove any condition that arises from the act or omission constituting the contravention and relates to:
	(i)	the environment; or
	(ii)	if the contravention was of a provision of Part 3—the matter protected by the provision; or
	(b)	mitigate any damage that arises from the act or omission constituting the contravention and relates to:
	(i)	the environment; or
	(ii)	if the contravention was of a provision of Part 3—the matter protected by the provision; or
	(c)	prevent any damage likely to arise from the act or omission constituting the contravention and relates to:
	(i)	the environment; or
	(ii)	if the contravention was of a provision of Part 3—the matter protected by the provision.
Note:	This makes the person who contravenes the Act liable to pay the Commonwealth the expenses reasonably incurred in taking steps under section 499 in relation to the contravention.
	(3)	An amount payable under subsection (1) is a debt due to the affected party, recoverable in a court of competent jurisdiction.
	(4)	If 2 or more persons are liable under subsection (1) to pay an amount in respect of the same loss or damage, those persons are jointly and severally liable to pay the sum.
	(5)	A finding by a court in criminal proceedings or civil proceedings that the wrongdoer contravened this Act or the regulations is admissible as evidence of that fact in proceedings to recover an amount payable under subsection (1).
	(6)	This section applies:
	(a)	whether or not the contravention was an offence; and
	(b)	whether or not the provision contravened is a civil penalty provision.
	(7)	This section does not apply to a decision (or a failure to make a decision or conduct for the purposes of making a decision) purportedly under this Act or the regulations that contravenes this Act or the regulations.
501  Other powers not affected
		This Division does not affect any other powers or rights under this Act, the regulations or any other law.

Part 19—Organisations
Division 1—Establishment and functions of the Threatened Species Scientific Committee
502  Establishment
	(1)	The Threatened Species Scientific Committee is established.
	(2)	The Minister is to determine in writing the composition of the Committee, including the qualifications of its members.
	(3)	The Minister is to appoint the members of the Committee on a part‑time basis, and must appoint one of the members to chair the Committee.
503  Functions of the Committee
		The functions of the Committee are:
	(a)	to advise the Minister in accordance with Division 5 of Part 13 in relation to the making of recovery plans and threat abatement plans; and
	(b)	to advise the Minister on the amendment and updating of the lists established under Part 13; and
	(c)	to advise the Minister, at his or her request, on matters relating to the administration of this Act; and
	(d)	to give the Minister such other advice as is provided for in this Act; and
	(e)	to perform such other functions as are conferred on the Committee by this Act.

Division 2—Establishment and functions of the Biological Diversity Advisory Committee
504  Establishment
	(1)	The Biological Diversity Advisory Committee is established.
	(2)	The Minister is to determine in writing the composition of the Committee, including the qualifications of its members.
	(3)	The Minister is to appoint the members of the Committee on a part‑time basis, and must appoint one of the members to chair the Committee.
	(4)	The Minister must ensure that the membership includes members who are appointed to represent the following:
	(a)	the body known as the Australian and New Zealand Environment and Conservation Council;
	(b)	conservation organisations that are not authorities of the Commonwealth or of any State or Territory;
	(c)	the scientific community (including both that part of the scientific community concerned with marine species and that part of the scientific community concerned with terrestrial species);
	(d)	the rural community;
	(e)	the business community;
	(f)	the Commonwealth.
	(5)	The Minister must ensure that, as far as practicable, each one of at least 5 members:
	(a)	possess scientific qualifications that the Minister thinks relevant to the performance of the Committee’s functions; and
	(b)	is appointed to represent the scientific community and is not appointed to represent any of the other bodies, groups of bodies or communities referred to in subsection (4).
	(6)	The Minister must ensure that a majority of the members are not persons employed by the Commonwealth or Commonwealth agencies.
505  Functions of the Committee
		The functions of the Committee are:
	(a)	to advise the Minister, at his or her request, on matters relating to the conservation and ecologically sustainable use of biological diversity; and
	(b)	to perform such other functions as are conferred on the Committee by this Act or the regulations.

Division 3—Members and procedures of Committees
506  Application
		This Division applies to the following Committees:
	(a)	the Threatened Species Scientific Committee;
	(b)	the Biological Diversity Advisory Committee.
507  Terms and conditions
Term of office
	(1)	A member of a Committee holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
Note:	Section 509 sets out the circumstances in which a member’s appointment may be (or must be) terminated.
Resignation
	(2)	A member of a Committee may resign his or her appointment by giving the Minister a written resignation.
Other terms and conditions
	(3)	A member of a Committee holds office on the terms and conditions (if any) that are determined by the Minister in relation to matters not covered by this Act or the regulations.
508  Remuneration
	(1)	A member of a Committee is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.
	(2)	A member of a Committee is to be paid the allowances that are prescribed.
	(3)	This section has effect subject to the Remuneration Tribunal Act 1973.
509  Termination of appointments of Committee members
Termination when person stops being qualified for appointment
	(1)	The appointment of a person to a position of member of a Committee is terminated when the person ceases to be qualified for appointment to the position.
Termination for misbehaviour or incapacity
	(2)	The Minister may terminate the appointment of a member of a Committee for misbehaviour or physical or mental incapacity.
Termination for failure to attend Committee meetings
	(3)	The Minister may terminate the appointment of a member of a Committee if the member is absent, except on leave of absence, from 3 consecutive meetings of the Committee of which the member has had notice.
Termination for engaging in conflicting work
	(4)	The Minister may terminate the appointment of a member of a Committee if the member engages in paid employment that, in the Minister’s opinion, conflicts or could conflict with the proper performance of the duties of the member.
Termination for failure to disclose interests
	(5)	The Minister must terminate the appointment of a member of a Committee if:
	(a)	the member does not comply with any requirements prescribed by the regulations to disclose an interest the member has in a matter being considered or about to be considered by the Committee; and
	(b)	the member does not have a reasonable excuse for not complying.
Termination for bankruptcy or insolvency
	(6)	The Minister may terminate the appointment of a member of a Committee if the member:
	(a)	becomes bankrupt; or
	(b)	applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
	(c)	compounds with his or her creditors; or
	(d)	makes an assignment of his or her remuneration for the benefit of his or her creditors.
510  Procedure of a Committee
	(1)	The regulations may provide for:
	(a)	matters relating to the operation of a Committee, including:
	(i)	procedures for convening meetings of the Committee; and
	(ii)	procedures for determining who is to preside at a meeting of the Committee; and
	(iii)	determining who may attend a meeting of the Committee; and
	(iv)	the constitution of a quorum for a meeting of the Committee; and
	(v)	procedures relating to a member’s interest in matters being dealt with by the Committee; and
	(vi)	the way in which matters are to be resolved by the Committee; and
	(b)	the appointment and rights of a deputy of a member of a Committee.
	(2)	The regulations may allow a Committee to determine a matter relating to the operation of the Committee for which the regulations may provide.
	(3)	If there are no regulations in force, a Committee may operate in the way it determines.

Division 4—Advisory committees
511  Minister may establish advisory committees
	(1)	The Minister may by written instrument establish an advisory committee to advise the Minister on specified matters relating to the administration of this Act.
	(2)	However, the Minister must not specify that an advisory committee is to advise the Minister on the management of a jointly managed reserve.
	(3)	The Minister is to determine in writing the composition of an advisory committee, including qualifications of its members.
512  Appointments
	(1)	The Minister may appoint a person on a part‑time basis to be a member of an advisory committee.
	(2)	The Minister must appoint one of the members to chair the committee.
513  Members of advisory committees
		The regulations may provide for the terms and conditions applicable to members of an advisory committee, including terms and conditions relating to:
	(a)	term of office; and
	(b)	remuneration; and
	(c)	allowances; and
	(d)	leave of absence; and
	(e)	disclosure of interests; and
	(f)	termination of membership.
514  Committee procedure
	(1)	An advisory committee may operate in the way it determines, subject to any regulations.
	(2)	The regulations may provide for the operation and procedures of an advisory committee. The regulations may allow a committee to determine its own procedure on any matter.

Part 20—Delegation
  
515  Delegation
	(1)	The Minister may, by signed instrument, delegate all or any of his or her powers or functions under this Act to an officer or employee in the Department. The delegate is, in the exercise or performance of a delegated power or function, subject to the directions of the Minister.
	(2)	The Secretary may, by signed instrument, delegate all or any of his or her powers or functions under this Act to an officer or employee in the Department. The delegate is, in the exercise or performance of a delegated power or function, subject to the directions of the Secretary.

Part 21—Reporting
  
516  Annual report on operation of Act
	(1)	The Secretary must, as soon as practicable after 30 June in each year, prepare and give to the Minister a report on the operation of this Act for the 12 months ending on that 30 June.
Note 1:	Other provisions of this Act require the report to include certain matters.
Note 2:	Section 34C of the Acts Interpretation Act 1901 sets out rules about the time within which annual reports must be given to the Minister.
	(2)	The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.

Chapter 7—Miscellaneous
Part 22—Miscellaneous
  
517  Determinations of species
	(1)	The Minister may, by instrument in writing, determine that a distinct population of biological entities is a species for the purposes of this Act.
	(2)	A determination is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
518  Non‑compliance with time limits
	(1)	Anything done by the Commonwealth, the Minister or the Secretary under this Act or the regulations is not invalid merely because it was not done within the period required by this Act or the regulations.
	(2)	If, during a financial year, one or more things required to be done under this Act or the regulations were not done within the period required by this Act or the regulations, the Minister must:
	(a)	cause to be prepared a statement setting out the reasons why each of those things was not done within the period required by this Act or the regulations; and
	(b)	cause a copy of the statement to be laid before each House of the Parliament as soon as practicable after the end of the financial year.
	(3)	Subsection (1) does not reduce or remove an obligation under this Act or the regulations to do a thing within a particular period.
519  Compensation for acquisition of property
When compensation is necessary
	(1)	If, apart from this section, the operation of this Act would result in an acquisition of property from a person that would be invalid because of paragraph 51(xxxi) of the Constitution (which deals with acquisition of property on just terms) the Commonwealth must pay the person a reasonable amount of compensation.
Definition
	(2)	In this Act:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
Court can decide amount of compensation
	(3)	If the Commonwealth and the person do not agree on the amount of compensation to be paid, the person may apply to the Federal Court for the recovery from the Commonwealth of a reasonable amount of compensation fixed by the Court.
Other compensation to be taken into account
	(4)	In assessing compensation payable by the Commonwealth, the Court must take into account any other compensation or remedy arising out of the same event or situation.
520  Regulations
	(1)	The Governor‑General may make regulations prescribing all matters:
	(a)	required or permitted by this Act to be prescribed; or
	(b)	necessary or convenient to be prescribed for carrying out or giving effect to this Act.
	(2)	The regulations may prescribe penalties for offences against the regulations. A penalty must not be more than 50 penalty units.
	(3)	Regulations may be made for and in relation to giving effect to any of the following agreements:
	(a)	the Apia Convention;
	(b)	the Convention for the Protection of the Natural Resources and Environment of the South Pacific (the SPREP Convention) signed at Noumea on 24 November 1986;
	(c)	the Bonn Convention;
	(d)	CAMBA;
	(e)	JAMBA;
	(f)	an agreement between the Commonwealth and one or more other countries relating to whales;
	(g)	the World Heritage Convention;
	(h)	the Ramsar Convention;
	(i)	the Biodiversity Convention;
	(j)	CITES.
	(4)	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.
	(5)	Subsection (3) does not limit subsection (1).
521  Fees and charges must not be taxes
		A fee or charge provided for by or under this Act, and whether prescribed by the regulations or not, must be reasonably related to the expenses incurred or to be incurred by the Commonwealth in relation to the matters to which the fee or charge relates and must not be such as to amount to taxation.
522  Financial assistance etc. to be paid out of appropriated money
		Payment of amounts of financial assistance under this Act, and of any amounts that the Commonwealth is required to pay to a person under this Act or an agreement made under this Act, are to be made out of money appropriated by the Parliament for the purpose.

Chapter 8—Definitions
Part 23—Definitions
Division 1—Some definitions relating to particular topics
Subdivision A—Actions
523  Actions
	(1)	Subject to this Subdivision, action includes:
	(a)	a project; and
	(b)	a development; and
	(c)	an undertaking; and
	(d)	an activity or series of activities; and
	(e)	an alteration of any of the things mentioned in paragraph (a), (b), (c) or (d).
	(2)	However, a lawful continuation of a use of land, sea or seabed that was occurring immediately before the commencement of this Act is not an action. For this purpose, an enlargement, expansion or intensification of use is not a continuation of a use.
524  Things that are not actions
	(1)	This section applies to a decision by each of the following kinds of person (government body):
	(a)	the Commonwealth; or
	(b)	a Commonwealth agency; or
	(c)	a State; or
	(d)	a self‑governing Territory; or
	(e)	an agency of a State or self‑governing Territory; or
	(f)	an authority established by a law applying in a Territory that is not a self‑governing Territory.
	(2)	A decision by a government body to grant a governmental authorisation (however described) for another person to take an action is not an action.
	(3)	To avoid doubt, a decision by the Commonwealth or a Commonwealth agency to grant a governmental authorisation under one of the following Acts is not an action:
	(a)	the Customs Act 1901;
	(b)	the Export Control Act 1982;
	(c)	the Export Finance and Insurance Corporation Act 1991;
	(d)	the Fisheries Management Act 1991;
	(e)	the Foreign Acquisitions and Takeovers Act 1975;
	(f)	the Petroleum (Submerged Lands) Act 1967;
	(g)	the Quarantine Act 1908;
	(h)	the Trade Practices Act 1974.
This subsection does not limit this section.
Subdivision B—Areas
525  Commonwealth areas
What is a Commonwealth area?
	(1)	Each of the following, and any part of it, is a Commonwealth area:
	(a)	land owned by the Commonwealth or a Commonwealth agency (including land owned in Norfolk Island) and airspace over the land;
	(b)	an area of land held under lease by the Commonwealth or a Commonwealth agency (including an area held under lease in Norfolk Island) and airspace over the land;
	(c)	land in:
	(i)	an external Territory (except Norfolk Island); or
	(ii)	the Jervis Bay Territory;
		and airspace over the land;
	(d)	the coastal sea of Australia or an external Territory;
	(e)	the continental shelf, and the waters and airspace over the continental shelf;
	(f)	the waters of the exclusive economic zone, the seabed under those waters and the airspace above those waters;
	(g)	any other area of land, sea or seabed that is included in a Commonwealth reserve.
Territory Land in ACT is not a Commonwealth area
	(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 a Commonwealth area merely because of that paragraph, unless it is held under lease by the Commonwealth or a Commonwealth agency.
Coastal waters of States and NT are not Commonwealth areas
	(3)	Despite paragraphs (1)(d), (e) and (f), none of the following areas (or parts of them) are Commonwealth areas:
	(a)	the seabed vested in a State under section 4 of the Coastal Waters (State Title) Act 1980; and
	(b)	the seabed vested in the Northern Territory under section 4 of the Coastal Waters (Northern Territory Title) Act 1980; and
	(c)	the subsoil under the seabed described in paragraph (a) or (b); and
	(d)	any water and airspace over seabed described in paragraph (a) or (b).
Subdivision C—Entities
526  Subsidiaries of bodies corporate
		The question whether a body corporate is a subsidiary of a body or company 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.
Subdivision D—Criminal law
527  Convictions
		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.

Division 2—General list of definitions
528  Definitions
		In this Act, unless the contrary intention appears:
acquisition of property has the meaning given by subsection 519(2).
action has the meaning given by Subdivision A of Division 1 of Part 23.
agency of a State or self‑governing Territory means:
	(a)	a Minister of the State or Territory; or
	(b)	a body corporate established for a public purpose by a law of the State or Territory; or
	(c)	a body corporate established by:
	(i)	the Governor of the State; or
	(ii)	if the Territory is the Australian Capital Territory—the Governor‑General acting in relation to the Australian Capital Territory; or
	(iii)	if the Territory is the Northern Territory or Norfolk Island—the Administrator of the Territory; or
	(iv)	a Minister of the State or Territory;
		otherwise than by or under a law of the Territory; or
	(d)	a company in which the whole of the shares or stock, or shares or stock carrying more than one‑half of the voting power, is or are owned by or on behalf of the State or Territory; or
	(e)	a body corporate that is a subsidiary of:
	(i)	a body or company referred to in paragraph (b), (c) or (d); or
	(ii)	a body corporate that, because of a previous application or previous applications of this paragraph, is taken to be an agency of the State or Territory for the purposes of this definition; or
	(f)	a person holding, or performing the duties of:
	(i)	an office established by or under a law of the State or Territory (except a judicial office or an office of member of a tribunal); or
	(ii)	an appointment made under a law of the State or Territory (except appointment to a judicial office or an office of member of a tribunal); or
	(g)	a person holding, or performing the duties of, an appointment made by:
	(i)	the Governor of the State; or
	(ii)	if the Territory is the Australian Capital Territory—the Governor‑General acting in relation to the Australian Capital Territory; or
	(iii)	if the Territory is the Northern Territory or Norfolk Island—the Administrator of the Territory; or
	(iv)	a Minister of the State or Territory;
		otherwise than by or under a law of the State or Territory.
aircraft means an apparatus that can derive support in the atmosphere from the reactions of the air.
animal means any member, alive or dead, of the animal kingdom (other than a human being).
Apia Convention means the Convention on Conservation of Nature in the South Pacific, signed at Apia, Western Samoa, on 12 June 1976, as in force for Australia immediately before the commencement of this Act.
Note:	The English text of the Convention is set out in Australian Treaty Series 1990 No. 41.
article includes a substance or a mixture of substances.
assess an action includes assess the impacts that the action:
	(a)	has or will have; or
	(b)	is likely to have.
assessment report has the meaning given by subsection 130(2).
Australian aircraft has the meaning given by subsection 5(5).
Australian Biosphere reserve management principles has the meaning given by section 340.
Australian IUCN reserve management principles has the meaning given by subsection 348(1).
Australian jurisdiction has the meaning given by subsection 5(5).
Australian platform has the meaning given by section 403.
Australian Ramsar management principles has the meaning given by section 335.
Australian vessel has the meaning given by subsection 5(5).
Australian World Heritage management principles has the meaning given by section 323.
authorised officer means:
	(a)	a warden; or
	(b)	an inspector.
baggage has the meaning given by section 443.
bilateral agreement has the meaning given by subsection 45(2).
biodiversity means the variability among living organisms from all sources (including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part) and includes:
	(a)	diversity within species and between species; and
	(b)	diversity of ecosystems.
Biodiversity Convention means the Convention on Biological Diversity signed at Rio de Janeiro on 5 June 1992, as in force for Australia immediately before the commencement of this Act.
Note:	The English text of this Convention is set out in Australian Treaty Series 1993 No. 32.
biological resources includes genetic resources, organisms, parts of organisms, populations and any other biotic component of an ecosystem with actual or potential use or value for humanity.
Biosphere reserve has the meaning given by section 337.
Board means a Board established under section 377.
Bonn Convention means the Convention on the Conservation of Migratory Species of Wild Animals signed at Bonn on 23 June 1979, as in force for Australia immediately before the commencement of this Act.
Note:	The English text of the Convention is set out in Australian Treaty Series 1991 No. 32.
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.
CAMBA means the Agreement between the Government of Australia and the Government of the People’s Republic of China for the protection of Migratory Birds and their Environment signed at Canberra on 20 October 1986, as in force for Australia immediately before the commencement of this Act.
Note:	The English text of the Agreement is set out in Australian Treaty Series 1988 No. 22.
cetacean means a member of the sub‑order Mysticeti or Odontoceti of the Order Cetacea, and includes a part of such a member and any product derived from a such a member.
CITES means the Convention on International Trade in Endangered Species of Wild Fauna and Flora done at Washington on 3 March 1973, as in force for Australia immediately before the commencement of this Act.
Note:	The English text of the Convention is set out at Australian Treaty Series 1976 No. 29.
civil penalty provision has the meaning given by section 482.
coastal sea of Australia or an external Territory has the same meaning as in subsection 15B(4) of the Acts Interpretation Act 1901.
coastal waters of a State or the Northern Territory has the meaning given by section 227.
commissioner means a person holding an appointment under paragraph 107(1)(a).
Commonwealth agency means:
	(a)	a Minister; or
	(b)	a body corporate established for a public purpose by a law of the Commonwealth; or
	(c)	a body corporate established by a Minister otherwise than under a law of the Commonwealth; or
	(d)	a company in which the whole of the shares or stock, or shares or stock carrying more than one‑half of the voting power, is or are owned by or on behalf of the Commonwealth; or
	(e)	a body corporate that is a subsidiary of:
	(i)	a body or company referred to in paragraph (b), (c) or (d); or
	(ii)	a body corporate that, because of a previous application or previous applications of this paragraph, is taken to be a Commonwealth agency for the purposes of this definition; or
	(f)	a person holding, or performing the duties of:
	(i)	an office established by or under a law of the Commonwealth (except a judicial office or office of member of a tribunal); or
	(ii)	an appointment made under a law of the Commonwealth (except an appointment to a judicial office or office of member of a tribunal); or
	(g)	a person holding, or performing the duties of, an appointment made by the Governor‑General, or by a Minister, otherwise than under a law of the Commonwealth;
but does not include:
	(h)	a person holding an office established by or under any of the following Acts, or holding an appointment made under any of them:
	(i)	the Northern Territory (Self‑Government) Act 1978;
	(ii)	the Norfolk Island Act 1979;
	(iii)	the Australian Capital Territory (Self‑Government) Act 1988; or
	(i)	any of the following:
	(i)	an Aboriginal Land Trust, or an Aboriginal Land Council, established under the Aboriginal Land Rights (Northern Territory) Act 1976;
	(ii)	an Aboriginal corporation within the meaning of the Aboriginal Councils and Associations Act 1976;
	(iii)	the Wreck Bay Aboriginal Community Council established by the Aboriginal Land Grant (Jervis Bay Territory) Act 1986; or
	(j)	a company prescribed by the regulations for the purposes of this paragraph.
Commonwealth aircraft has the meaning given by section 403.
Commonwealth area has the meaning given by section 525.
Commonwealth land has the meaning given by section 27.
Commonwealth marine area has the meaning given by section 24.
Commonwealth reserve means a reserve declared under Division 4 of Part 15.
Commonwealth ship has the meaning given by section 403.
components of biodiversity has the meaning given by subsection 171(3).
conservation agreement means an agreement made under section 305.
conservation dependent: a native species may be included in the conservation dependent category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13.
conservation order means an order made under section 464 (with variations (if any) under section 466 or 469).
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
continental shelf means the continental shelf (as defined in the Seas and Submerged Lands Act 1973) of Australia (including its external Territories).
continuation of a use of land, sea or seabed has the meaning given by subsection 523(2).
controlled action has the meaning given by section 67.
controlling provision has the meaning given by section 67.
convict a person of an offence has a meaning affected by section 527.
critically endangered:
	(a)	a native species may be included in the critically endangered category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13; and
	(b)	an ecological community may be included in the critically endangered category of the list of threatened ecological communities in accordance with Subdivision A of Division 1 of Part 13.
cultural heritage has the meaning given by subsection 12(4).
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.
declared Ramsar wetland has the meaning given by section 17.
declared World Heritage property has the meaning given by section 13.
designated proponent of an action means the person designated under Division 2 of Part 7 as the proponent of the action.
directed environmental audit has the meaning given by subsection 460(4).
ecological character has the meaning given by subsection 16(3).
ecological community means an assemblage of native species that:
	(a)	inhabits a particular area in nature; and
	(b)	meets the additional criteria specified in the regulations (if any) made for the purposes of this definition.
ecologically sustainable use of natural resources means use of the natural resources within their capacity to sustain natural processes while maintaining the life‑support systems of nature and ensuring that the benefit of the use to the present generation does not diminish the potential to meet the needs and aspirations of future generations.
ecosystem means a dynamic complex of plant, animal and micro‑organism communities and their non‑living environment interacting as a functional unit.
eligible seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody.
endangered:
	(a)	a native species may be included in the endangered category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13; and
	(b)	an ecological community may be included in the endangered category of the list of threatened ecological communities in accordance with Subdivision A of Division 1 of Part 13.
environment includes:
	(a)	ecosystems and their constituent parts, including people and communities; and
	(b)	natural and physical resources; and
	(c)	the qualities and characteristics of locations, places and areas; and
	(d)	the social, economic and cultural aspects of a thing mentioned in paragraph (a), (b) or (c).
environmental authority has the meaning given by subsection 458(4).
evidential material has the meaning given by subsection 406(2).
exclusive economic zone means the exclusive economic zone (as defined in the Seas and Submerged Lands Act 1973) of Australia (including its external Territories).
executing officer, for a warrant, means the person named in the warrant as being responsible for executing the warrant.
executive officer of a body corporate has the meaning given by section 493.
extinct: a native species may be included in the extinct category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13.
extinct in the wild: a native species may be included in the extinct in the wild category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13.
Federal Court means the Federal Court of Australia.
foreign whaling vessel has the meaning given by subsection 236(5).
forestry operations has the meaning given by subsection 40(2).
frisk search has the meaning given by subsection 413(3).
genetic resources means any material of plant, animal, microbial or other origin that contains functional units of heredity and that has actual or potential value for humanity.
goods has the meaning given by section 443.
habitat means the biophysical medium or media:
	(a)	occupied (continuously, periodically or occasionally) by an organism or group of organisms; or
	(b)	once occupied (continuously, periodically or occasionally) by an organism, or group of organisms, and into which organisms of that kind have the potential to be reintroduced.
holder means:
	(a)	in the case of a permit issued under Chapter 5—the person to whom the permit was issued or transferred, as the case may be; or
	(b)	in the case of an approval under Part 9—the person to whom the approval applies.
imported in relation to a cetacean or foreign whaling vessel means brought into the Australian jurisdiction.
indigenous people’s land has the meaning given by subsection 363(3).
indigenous person has the meaning given by subsection 363(4).
indigenous tradition has the meaning given by section 201.
inspector means:
	(a)	a person appointed as an inspector under section 396;
	(b)	a person who is an inspector because of section 397; or
	(c)	a person who is an inspector because of an arrangement entered into under section 398.
interested person has the meaning given by section 475.
interfere with a cetacean has the meaning given by subsection 229(4).
IUCN category has the meaning given by subsection 346(1).
JAMBA means the Agreement between the Government of Japan and the Government of Australia for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment signed at Tokyo on 6 February 1974, as in force for Australia immediately before the commencement of this Act.
Note:	The English text of the Agreement is set out in Australian Treaty Series 1981 No. 6.
jointly managed reserve has the meaning given by subsection 363(5).
Kakadu National Park has the meaning given by subsection 387(3).
Kakadu region has the meaning given by subsection 386(1).
keep a cetacean or member of a listed threatened species, listed migratory species, listed marine species or listed threatened ecological community means:
	(a)	in the case of a cetacean, or a species of animal or community of animals—have charge or possession of the cetacean or member, either in captivity or in a domesticated state; and
	(b)	in the case of a species of plant or community of plants—have possession of the member.
key threatening process means a threatening process included in the list referred to in section 183.
land has the meaning given by subsection 345(2).
land council for indigenous people’s land has the meaning given by subsection 363(2).
large‑scale disposal facility for radioactive waste has a meaning affected by subsection 22(2).
list includes a list containing no items.
listed marine species means a marine species included in the list referred to in section 248.
listed migratory species means a migratory species included in the list referred to in section 209.
listed threatened ecological community means an ecological community included in the list referred to in section 181.
listed threatened species means a native species included in the list referred to in section 178.
magistrate means a magistrate who is remunerated by salary or otherwise.
master of a foreign whaling vessel has the meaning given by subsection 236(5).
matter protected by a provision of Part 3 has the meaning given by section 34.
member of a listed threatened species, listed migratory species, listed marine species or listed threatened ecological community, includes, in the case of a species of animal or community of animals, the whole or part of the dead body of the member.
mineral has the meaning given by subsection 355(3).
mining operations has the meaning given by subsection 355(2).
monitoring power relating to premises has the meaning given by section 407.
monitoring warrant has the meaning given by section 409.
native species means a species:
	(a)	that is indigenous to Australia or an external Territory; or
	(b)	that is indigenous to the seabed of the coastal sea of Australia or an external Territory; or
	(c)	that is indigenous to the continental shelf; or
	(d)	that is indigenous to the exclusive economic zone; or
	(e)	members of which periodically or occasionally visit:
	(i)	Australia or an external Territory; or
	(ii)	the exclusive economic zone; or
	(f)	that was present in Australia or an external Territory before 1400.
Note:	A reference to Australia or an external Territory includes a reference to the coastal sea of Australia or the Territory. See section 15B of the Acts Interpretation Act 1901.
natural heritage has the meaning given by subsection 12(4).
nuclear action has the meaning given by subsection 22(1).
nuclear installation has the meaning given by subsection 22(1).
nuclear reactor has the meaning given by subsection 22(1).
occupier of premises means the person apparently in charge of the premises.
officer assisting, in relation to a warrant, means:
	(a)	an authorised officer who is assisting in executing the warrant; or
	(b)	a person who is not an authorised officer, but who has been authorised by the relevant executing officer to assist in executing the warrant.
officer of Customs has the same meaning as it has in the Customs Act 1901.
ordinary search has the meaning given in subsection 414(3).
organism includes:
	(a)	a virus; and
	(b)	the reproductive material of an organism; and
	(c)	an organism that has died.
plant means a member, alive or dead, of the plant kingdom or of the fungus kingdom, and includes a part of a plant and plant reproductive material.
plant reproductive material means:
	(a)	a seed or spore of a plant; or
	(b)	a cutting from a plant; or
	(c)	any other part, or product, of a plant from which another plant can be produced.
population of a species or ecological community means an occurrence of the species or community in a particular area.
precautionary principle has the meaning given by subsection 391(2).
premises includes a place, vehicle, vessel and aircraft.
prescribed waters means waters in respect of which regulations made for the purposes of section 226 are in force.
principles of ecologically sustainable development has the meaning given by subsection 136(3).
radioactive waste has the meaning given by subsection 22(1).
Ramsar Convention means the Convention on Wetlands of International Importance especially as Waterfowl Habitat adopted by the International Conference on the Conservation on Wetlands and Waterfowl at Ramsar, Iran, on 2 February 1971, as in force for Australia immediately before the commencement of this Act.
Note:	The English Text of the Convention is set out in Australian Treaty Series 1975 No. 48.
range of a species means the area where members of the species live, feed, breed or visit periodically or regularly.
ranger means a person holding an appointment as a ranger under Part 17.
recovery plan means a plan of a kind referred to in section 267 that has been made or adopted under that section.
regional forest agreement has the meaning given by subsection 38(2).
relevant impacts of an action has the meaning given by section 82.
reprocessing has the meaning given by subsection 22(1).
RFA forestry operations has the meaning given by subsection 38(2).
RFA region has the meaning given by section 41.
Scientific Committee means the Threatened Species Scientific Committee established by section 502.
seabed has the meaning given by subsection 345(2).
Secretary means the Secretary to the Department that:
	(a)	deals with the matter to which the provision containing the reference relates; and
	(b)	is administered by the Minister administering the provision.
self‑governing Territory means:
	(a)	the Australian Capital Territory; or
	(b)	the Northern Territory; or
	(c)	Norfolk Island.
species means a group of biological entities that:
	(a)	interbreed to produce fertile offspring; or
	(b)	possess common characteristics derived from a common gene pool;
and includes:
	(c)	a sub‑species; and
	(d)	a distinct population of such biological entities that the Minister has determined, under section 517, to be a species for the purposes of this Act.
Note:	Determinations under paragraph (d) are disallowable instruments. See section 517.
spent nuclear fuel has the meaning given by subsection 22(1).
subsidiary of a body corporate has a meaning affected by section 526.
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.
terms of reference has the meaning given by paragraph 107(1)(b).
territorial sea means the territorial sea (as defined in the Seas and Submerged Lands Act 1973) of Australia (including its external Territories).
threat abatement plan means a plan of a kind referred to in section 267 that has been made or adopted under that section.
threatening process has the meaning given by subsection 188(3).
trade a cetacean or member of a listed threatened species, listed migratory species, listed marine species or threatened ecological community includes:
	(a)	buy the cetacean or member, agree to receive it under an agreement to buy, agree to accept it under such an agreement or acquire it by barter; or
	(b)	sell the cetacean or member, offer it for sale, agree to sell it, have it in possession for the purpose of sale, deliver it for the purpose of sale, receive it for the purpose of sale or dispose of it by barter for the purpose of gain or advancement; or
	(c)	export the cetacean or member from Australia or an external Territory or import it into Australia or an external Territory; or
	(d)	cause or allow any of the acts referred to in paragraph (a), (b) or (c) to be done.
traditional owners of indigenous people’s land has the meaning given by subsection 368(4).
treat a cetacean has the meaning given by subsection 229(4).
Uluru‑Kata Tjuta National Park has the meaning given by subsection 344(3).
Uluru region has the meaning given by subsection 386(2).
usage right has the meaning given by subsection 350(7).
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 and includes a floating structure and hovercraft.
vulnerable:
	(a)	a native species may be included in the vulnerable category of the list of threatened native species in accordance with Subdivision A of Division 1 of Part 13; and
	(b)	an ecological community may be included in the vulnerable category of the list of threatened ecological communities in accordance with Subdivision A of Division 1 of Part 13.
warden means a person holding an appointment as a warden under Part 17.
warrant premises means premises in relation to which a warrant is in force.
wetland has the same meaning as in the Ramsar Convention.
whale watching has the meaning given by section 238.
wildlife conservation plan means a plan of a kind referred to in section 285 that has been made or adopted under that section.
World Heritage Convention means the Convention for the Protection of the World Cultural and Natural Heritage adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization in Paris on 23 November 1972, as in force for Australia immediately before the commencement of this Act.
Note:	The English text of the Convention is set out in Australian Treaty Series 1975 No. 47.
World Heritage List means the list kept under that title under Article 11 of the World Heritage Convention.
world heritage values of a property has the meaning given by subsection 12(3).