World Intellectual Property Organization

Australia

Environment Protection and Biodiversity Conservation Act 1999 (consolidated as of 1 January 2011)

 

 


Environment Protection and Biodiversity Conservation Act 1999

Act No. 91 of 1999 as amended

This compilation was prepared on 1 January 2011 taking into account amendments up to Act No. 139 of 2010

Volume 2 includes: Table of Contents Sections 266B – 528 Schedule 1 Note 1 Table of Acts Act Notes Table of Amendments Notes 2 and 3 Table A

The text of any of those amendments not in force on that date is appended in the Notes section

The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section

Chapter 5—Conservation of biodiversity and heritage

Part 13—Species and communities

Contents

Chapter 5—Conservation of biodiversity and heritage i

Part 13—Species and communities i

Division 5—Conservation advice, recovery plans, threat abatement plans and wildlife conservation plans 1

Subdivision AA—Approved conservation advice 1 266B Approved conservation advice for listed threatened species and listed threatened ecological communities ...................................1

Subdivision A—Recovery plans and threat abatement plans 2 267 Simplified outline of this Subdivision...............................................2 268 Compliance with recovery plansand threat abatement plans............3 269 Implementing recovery and threat abatement plans...........................3 269AA Decision whether to have a recovery plan.........................................4 269A Making or adopting a recovery plan..................................................6 270 Content of recovery plans..................................................................8 270A Decision whether to have a threat abatement plan...........................10 270B Making or adopting a threat abatement plan....................................12 271 Content of threat abatement plans ...................................................14 272 Eradication of non-native species....................................................15 273 Ensuring plans are in force..............................................................15 274 Scientific Committee to advise on plans..........................................16 275 Consultationon plans......................................................................17 276 Considerationof comments.............................................................18 277 Adoption of State plans ...................................................................18 278 Publication of plans.........................................................................18 279 Variation of plans by the Minister...................................................19 280 Variation by a State or Territory of joint plans and plans adopted by the Minister...................................................................19 281 Commonwealth assistance...............................................................20 282 ScientificCommittee to advise on assistance..................................20 283 Plans may cover more than one species etc.....................................21 283A Revoking a plan...............................................................................21 284 Reports on preparation and implementation of plans ......................22

Subdivision B—Wildlife conservation plans 22 285 Wildlife conservation plans.............................................................22 286 Acting in accordance with wildlife conservation plans ...................23 287 Content of wildlife conservation plans............................................23 288 Eradication of non-native species....................................................24 289 ScientificCommittee to advise on scheduling of plans...................25 290 Consultationon plans......................................................................25

291 Considerationof comments.............................................................26 292 Adoption of State plans ...................................................................26 293 Publication, review and variation of plans.......................................26 294 Variation of plans by the Minister...................................................27 295 Variation by a State or Territory of joint plans and plans adopted by the Minister...................................................................27 296 Commonwealth assistance...............................................................28 297 Plans may cover more than one species etc.....................................28 298 Reports on preparation and implementation of plans ......................29

Subdivision C—Miscellaneous 29 299 Wildlife conservation plans cease to have effect.............................29 300 Document may contain more than one plan ....................................29 300A State and Territory laws not affected...............................................29 300B Assistance from the Scientific Committee.......................................30

Division 6—Access to biological resources 31 301 Control of access to biological resources.........................................31

Division 6A—Control of non-native species 32 301A Regulations for control of non-native species..................................32

Division 7—Aid for conservation of species in foreign countries 33 302 Aid for conservation of species in foreign countries .......................33

Division 8—Miscellaneous 34 303 Regulations......................................................................................34 303A Exemptions from this Part...............................................................34 303AA Conditions relating to accreditation of plans, regimes and policies ............................................................................................35 303AB Amended policies, regimes or plans taken to be accredited ............36

Part 13A—International movement of wildlife specimens 37

Division 1—Introduction 37 303BA Objects of Part.................................................................................37 303BAA Certain indigenous rights notaffected.............................................37 303BB Simplified outline............................................................................38 303BC Definitions.......................................................................................38

Division 2—CITES species 41

Subdivision A—CITES species and CITES specimens 41 303CA Listing of CITES species.................................................................41 303CB Stricter domestic measures..............................................................42

Subdivision B—Offences and permit system 43 303CC Exports of CITES specimens...........................................................43 303CD Imports of CITES specimens...........................................................44 303CE Applications forpermits..................................................................45

303CF Further information .........................................................................46

303CG Minister may issue permits..............................................................46

303CH Specific conditions relating to the export or import of CITES specimens for commercial purposes................................................48

303CI Time limit for making permit decision............................................51

303CJ Duration of permits..........................................................................52

303CK Register of applications and decisions.............................................52

Subdivision C—Application of CITES 52 303CL Application of CITES—Management Authority and Scientific Authority.........................................................................52 303CM Interpretation of CITES provisions..................................................52 303CN Resolutions of the Conference of the Parties to CITES...................53

Division 3—Exports of regulated native specimens 54

Subdivision A—Regulated native specimens 54 303DA Regulated native specimens.............................................................54 303DB Listing of exempt native specimens.................................................54 303DC Minister may amend list..................................................................55

Subdivision B—Offence and permit system 56 303DD Exports of regulated native specimens ............................................56 303DE Applications forpermits..................................................................57 303DF Further information .........................................................................58 303DG Minister may issue permits..............................................................58 303DH Time limit for making permit decision............................................61 303DI Duration of permits..........................................................................61 303DJ Register of applications and decisions.............................................61

Division 4—Imports of regulated live specimens 62

Subdivision A—Regulated live specimens 62 303EA Regulated live specimens ................................................................62 303EB Listing of specimens suitable for live import...................................62 303EC Minister may amend list..................................................................63

Subdivision B—Assessments relating to the amendment of the list of specimens suitable for import 64 303ED Amendment of list on the Minister’s own initiative ........................64 303EE Application for amendment of list...................................................65 303EF Requirement for assessments...........................................................66 303EG Timing of decision about proposed amendment..............................66 303EH Requesting further information........................................................67 303EI Notice of refusal of proposed amendment.......................................67 303EJ Reviews...........................................................................................67

Subdivision C—Offence and permit system 68 303EK Imports of regulated live specimens................................................68

303EL Applications forpermits..................................................................68 303EM Further information .........................................................................68 303EN Minister may issue permits..............................................................69 303EO Time limit for making permit decision............................................70 303EP Duration of permits..........................................................................70 303EQ Register of applications and decisions.............................................70

Subdivision D—Marking of certain specimens for the purposes of

identification 71 303ER Object..............................................................................................71 303ES Specimens to which Subdivision applies.........................................71 303ET Extended meaning of marking.........................................................71 303EU Secretary may make determinations about marking of

specimens ........................................................................................72 303EV Offences ..........................................................................................73 303EW This Subdivision does not limit conditions of permits.....................74

Division 5—Concepts relating to permit criteria 75

Subdivision A—Non-commercial purpose exports and imports 75 303FA Eligible non-commercial purpose exports.......................................75 303FB Eligible non-commercial purpose imports.......................................75 303FC Export or import for the purposes of research .................................76 303FD Export or import for the purposes of education...............................77 303FE Export or import for the purposes of exhibition ..............................77 303FF Export or import for conservation breeding or propagation.............78 303FG Export or importof household pets.................................................78 303FH Export or import of personal items..................................................80 303FI Export or import for the purposes of a travelling exhibition............80

Subdivision B—Commercial purpose exports and imports 80 303FJ Eligible commercial purpose exports ..............................................80 303FK Export or import from an approved captive breeding

program ...........................................................................................81 303FL Export from an approved artificial propagation program ................81 303FLA Export from an approved cultivation program.................................82 303FM Export from an approved aquaculture program...............................82 303FN Approved wildlife trade operation...................................................82 303FO Approved wildlife trade management plan......................................84 303FP Accreditedwildlife trade management plan....................................86 303FQ Consultation with State and Territoryagencies...............................88 303FR Public consultation ..........................................................................88 303FRA Assessments ....................................................................................89 303FS Registerof declarations...................................................................89 303FT Additional provisions relating to declarations.................................90 303FU Approved commercial import program ...........................................91

Division 6—Miscellaneous 92 303GA Permit decision—controlled action, and action for which a

non-Part 13A permit is required......................................................92

303GB Exceptional circumstances permit...................................................94

303GC Permit authorising the Secretary to export or import

specimens ........................................................................................96 303GD Testing permit—section 303EE assessments...................................98 303GE Conditions of permits....................................................................100 303GF Contravening conditions of a permit .............................................101 303GG Authoritiesunder permits..............................................................102 303GH Transferof permits........................................................................103 303GI Suspension or cancellation ofpermits...........................................103 303GJ Review of decisions.......................................................................103 303GK Permit to be produced....................................................................104 303GL Pre-CITES certificate to be produced............................................105 303GM Fees ...............................................................................................106 303GN Possession of illegally imported specimens...................................106 303GO Regulations relating to welfare......................................................108 303GP Cruelty—export or import of animals ...........................................109 303GQ Imports of specimens contrary to the laws of a foreign

country...........................................................................................110 303GR Evidence........................................................................................110 303GS Evidence of examiner....................................................................111 303GT Protection of witness .....................................................................112 303GU Forms and declarations—persons arriving in Australia or an

external Territory...........................................................................113 303GV Saving of other laws......................................................................113 303GW Part not to apply to certainspecimens...........................................113 303GX Part not to apply to certain specimens used by traditional

inhabitants .....................................................................................115 303GY When a specimen is lawfully imported ..........................................117

Part 14—Conservation agreements 118 304 Object of this Part..........................................................................118 305 Minister may enter into conservation agreements .........................118 306 Content of conservation agreements..............................................122 306A Conservation agreement may include declaration that actions

do not need approval under Part 9.................................................125

307 Conservationagreements to be legally binding.............................125

307A Conservation agreements may deal with remediation or

mitigation measures.......................................................................125 308 Variation and termination of conservation agreements..................127 309 Publication of conservation agreements........................................128 310 List of conservation agreements....................................................129 311 Commonwealth, State and Territory laws .....................................129

312 Minister must not give preference.................................................129

Part 15—Protected areas 130

Division 1—Managing World Heritage properties 130

Subdivision A—Simplified outline of this Division 130 313 Simplified outline of this Division.................................................130

Subdivision B—Seeking agreement on World Heritage listing 130 314 Special provisions relating to World Heritage nominations ..........130

Subdivision C—Notice of submission of property for listing 131 315 Minister must give notice of submission of property for listing etc.......................................................................................131

Subdivision D—Plans for listed World Heritage properties in

Commonwealth areas 132 316 Making plans.................................................................................132 317 Notice of plans...............................................................................133 318 Commonwealth compliance with plans.........................................133 319 Review of plans every 5 years.......................................................134

Subdivision E—Managing World Heritage properties in States

and self-governing Territories 134 320 Application....................................................................................134 321 Co-operating toprepareand implement plans...............................135 322 Commonwealth responsibilities.....................................................135

Subdivision F—Australian World Heritage management principles 135 323 Australian World Heritage management principles.......................135

Subdivision G—Assistance for protecting World Heritage properties 136 324 Commonwealth assistance for protecting declared World Heritage properties ........................................................................136

Division 1A—Managing National Heritage places 137

Subdivision A—Preliminary 137 324A Simplified outline of this Division.................................................137

Subdivision B—The National Heritage List 138 324C The National Heritage List............................................................138 324D Meaning of National Heritage values ...........................................138

Subdivision BA—Inclusion of places in the National Heritage List:

usual process 139 324E Simplified outline..........................................................................139 324F Definitions.....................................................................................140 324G Meaning of assessment period.......................................................140

324H Minister may determine heritage themes for an assessment period.............................................................................................141 324J Minister to invite nominations for each assessment period ...........141 324JA Minister to give nominations to Australian Heritage Council .......142 324JB Australian Heritage Council to prepare proposed priority assessment list ...............................................................................143 324JC Matters to be included in proposed priority assessment list...........144 324JD Statement to be given to Minister with proposed priority assessment list ...............................................................................145 324JE The finalised priority assessment list.............................................145 324JF Publication of finalised priority assessment list.............................146 324JG Australian Heritage Council to invite comments on places in finalised priority assessment list....................................................146 324JH Australian Heritage Council to assess places on finalised priority assessment list and give assessments to Minister..............147 324JI Time by which assessments to be provided to Minister.................149 324JJ Decision about inclusion of a place in the National Heritage List.................................................................................................150

Subdivision BB—Inclusion of places in the National Heritage List:

emergency process 152 324JK Simplified outline..........................................................................152 324JL Minister may include place in National Heritage List if under

threat..............................................................................................153 324JM Minister to ask Australian Heritage Council for assessment .........154 324JN Publication of listing of place and inviting comments...................155 324JO Australian Heritage Council to assess place and give

assessment to Minister...................................................................155 324JP Time by which assessments to be provided to Minister.................156 324JQ Decision about place remaining in the National Heritage List ......156

Subdivision BC—Other provisions relating to the National Heritage List 159 324JR Co-ordination with Scientific Committee—Council undertaking assessment .................................................................159 324JS Co-ordination with Scientific Committee—Council given assessment to Minister...................................................................161 324K Listing process not affected by changing boundaries of a place ..............................................................................................162 324L Removal of places or National Heritage values from the National Heritage List ...................................................................162 324M Minister must consider advice of the Australian Heritage Council and public comments .......................................................163 324N Specifying one or more additional National Heritage values

for a National Heritage place.........................................................164 324P National Heritage List must be publicly available.........................165 324Q Certain information may be kept confidential ...............................165

324R Disclosure of Australian Heritage Council’s assessments and advice ............................................................................................165

Subdivision C—Management plans for National Heritage places in Commonwealth areas 167 324S Management plans for National Heritage places in Commonwealth areas ....................................................................167 324T Restriction on ability to make plans ..............................................168 324U Compliance with plans by the Commonwealth and Commonwealth agencies...............................................................169 324V Multiple plans inthe same document............................................169 324W Review of plans at least every 5 years...........................................169

Subdivision D—Management of National Heritage places in States and self-governing Territories 170 324X Plans and Commonwealth responsibilities ....................................170

Subdivision E—The National Heritage management principles 171 324Y National Heritage management principles.....................................171

Subdivision F—Obligations of Commonwealth agencies 172 324Z Obligation to assist the Minister and the Australian Heritage Council ..........................................................................................172 324ZA Protecting National Heritage values of places sold or leased ........172

Subdivision G—Assistance for protecting National Heritage places 173 324ZB Commonwealth assistance for protecting National Heritage places.............................................................................................173

Subdivision H—Reviewing and reporting on the National Heritage List 174 324ZC Reviewing and reporting on the National Heritage List ................174

Division 2—Managing wetlands of international importance 175

Subdivision A—Simplified outline of this Division 175 325 Simplified outline of this Division.................................................175

Subdivision B—Seeking agreement on Ramsar designation 176 326 Commonwealth must seek agreement before designation.............176

Subdivision C—Notice of designation of wetland 176 327 Minister must give notice of designation of wetland etc. ..............176

Subdivision D—Plans for listed wetlands in Commonwealth areas 177 328 Making plans.................................................................................177 329 Notice of plans...............................................................................178 330 Commonwealth compliance with plans.........................................179 331 Review of plans every 5 years.......................................................179

Subdivision E—Management of wetlands in States and self-governing Territories 179

332 Application....................................................................................179 333 Co-operating toprepareand implement plans...............................180 334 Commonwealth responsibilities.....................................................180

Subdivision F—Australian Ramsar management principles 180 335 Australian Ramsar management principles ...................................180

Subdivision G—Assistance for protecting wetlands 181 336 Commonwealth assistance for protecting declared Ramsar wetlands.........................................................................................181

Division 3—Managing Biosphere reserves 182 337 Definition of Biosphere reserve.....................................................182 338 Planning for management of Biosphere reserves...........................182 339 Commonwealth activities in Biosphere reserves...........................182 340 Australian Biosphere reserve management principles...................182 341 Commonwealth assistance for protecting Biosphere reserves.......183

Division 3A—Managing Commonwealth Heritage places 184

Subdivision A—Preliminary 184 341A Simplified outline of this Division.................................................184 341B Extension to places etc. outside the Australian jurisdiction...........184

Subdivision B—The Commonwealth Heritage List 185 341C The Commonwealth Heritage List.................................................185 341D Meaning of Commonwealth Heritage values.................................185

Subdivision BA—Inclusion of places in the Commonwealth

Heritage List: usual process 186 341E Simplified outline..........................................................................186 341F Definitions.....................................................................................187 341G Meaning of assessment period.......................................................187 341H Minister to invite nominations for each assessment period ...........188 341J Minister to give nominations to Australian Heritage Council .......188 341JA Australian Heritage Council to prepare proposed priority

assessment list ...............................................................................190

341JB Matters to be included in proposed priority assessment list...........191

341JC Statement to be given to Minister with proposed priority

assessment list ...............................................................................191 341JD The finalised priority assessment list.............................................192 341JE Publication of finalised priority assessment list.............................192 341JF Australian Heritage Council to invite comments on places in

finalised priority assessment list....................................................193 341JG Australian Heritage Council to assess places on finalised

priority assessment list and give assessments to Minister..............194 341JH Time by which assessments to be provided to Minister.................196 341JI Decision about inclusion of a place in the Commonwealth

Heritage List..................................................................................196

Subdivision BB—Inclusion of places in the Commonwealth Heritage List: emergency process 199 341JJ Simplified outline..........................................................................199 341JK Minister may include place in Commonwealth Heritage List

if under threat................................................................................200 341JL Minister to ask Australian Heritage Council for assessment .........201 341JM Publication of listing of place and inviting comments...................201 341JN Australian Heritage Council to assess place and give

assessment to Minister...................................................................202

341JO Time by which assessments to be provided to Minister.................203

341JP Decision about place remaining in the Commonwealth

Heritage List..................................................................................203

Subdivision BC—Other provisions relating to the Commonwealth Heritage List 206 341JQ Co-ordination with Scientific Committee—Council undertaking assessment .................................................................206 341JR Co-ordination with Scientific Committee—Council given assessment to Minister...................................................................208 341K Listing process not affected by changing boundaries of a place ..............................................................................................208 341L Removal of places or Commonwealth Heritage values from the Commonwealth Heritage List..................................................209 341M Minister must consider advice of the Australian Heritage Council and public comments .......................................................210 341N Specifying one or more additional Commonwealth Heritage

values for a Commonwealth Heritage place..................................211 341P Commonwealth Heritage List must be publiclyavailable.............212 341Q Certain information may be kept confidential ...............................212 341R Disclosure of Australian Heritage Council’s assessments and

advice ............................................................................................213

Subdivision C—Management plans for Commonwealth Heritage places 214 341S Management plans for Commonwealth Heritage places................214 341T Endorsing management plans for Commonwealth Heritage

places.............................................................................................216 341U Restriction on ability to make plans ..............................................216 341V Compliance with plans by the Commonwealth and

Commonwealth agencies...............................................................217 341W Multiple plans inthe same document............................................217 341X Review of plans at least every 5 years...........................................217

Subdivision D—The Commonwealth Heritage management principles 218 341Y Commonwealth Heritagemanagement principles.........................218

Subdivision E—Obligations of Commonwealth agencies 218

341Z Obligation to assist the Minister and the Australian Heritage Council ..........................................................................................218 341ZA Heritage strategies.........................................................................219 341ZB Heritage assessments and registers................................................220 341ZC Minimising adverse impact on heritage values..............................220 341ZE Protecting Commonwealth Heritage values of places sold or leased.............................................................................................221

Subdivision G—Assistance for protecting Commonwealth Heritage places 222 341ZG Commonwealth assistance for protecting Commonwealth Heritage places..............................................................................222

Subdivision H—Reviewing and reporting on the Commonwealth Heritage List 222 341ZH Reviewing and reporting on the Commonwealth Heritage List.................................................................................................222

Division 4—Commonwealth reserves 224

Subdivision A—Simplified outline of this Division 224 342 Simplified outline of this Division.................................................224

Subdivision B—Declaring and revoking Commonwealth reserves 224 343 Simplified outline of this Subdivision...........................................224 344 Declaring Commonwealth reserves...............................................225 345 Extent of Commonwealth reserve..................................................227 345A Commonwealth usage rights vest in Director................................227 346 Content of Proclamation declaring Commonwealth reserve..........227 347 Assigning Commonwealth reserves and zones to IUCN

categories.......................................................................................228 348 Australian IUCN reserve management principles..........................228 350 Revocation and alteration of Commonwealth reserves..................229 351 Report before making Proclamation..............................................230 352 What happens to Director’s usage rights when

Commonwealth reserve is revoked................................................231

Subdivision C—Activities in Commonwealth reserves 232 353 Simplified outline of this Subdivision...........................................232 354 Activities that may be carried on only under management

plan................................................................................................232 354A Offences relating to activities that may only be carried on

under management plan.................................................................234 355 Limits on mining operations in Commonwealth reserves..............238 355A Offence relating to mining operations ...........................................240 356 Regulations controlling activities relating to Commonwealth

reserves..........................................................................................242 356A Charges for activities in Commonwealth reserves.........................244

357 Managing Commonwealth reserves while a management plan is not in operation..................................................................244 358 Restriction on disposal of Director’s interests in Commonwealth reserves................................................................245 359 Prior usage rights relating to Commonwealth reserves continue to have effect...................................................................246 359A Traditional use of Commonwealth reserves by indigenous persons...........................................................................................246 359B Director’s approval of actions and mining operations when a management plan isnot in operation.............................................247

Subdivision D—Complying with management plans for

Commonwealth reserves 249 361 Simplified outline of this Subdivision...........................................249 362 Commonwealth and Commonwealth agencies to comply

with management plan for Commonwealth reserve.......................249 363 Resolving disagreement between land council and Director over implementation of plan..........................................................250 364 Resolving disagreement between Director and Board over implementation of plan..................................................................251

Subdivision E—Approving management plans for

Commonwealth reserves 252 365 Simplified outline of this Subdivision...........................................252 366 Obligation to prepare management plans for Commonwealth

reserves..........................................................................................253 367 Content of a management plan for a Commonwealth reserve .......254 368 Steps in preparing management plans for Commonwealth

reserves..........................................................................................256 369 Resolving disagreements between Director and Board in

planning process............................................................................259 370 Approval of management plans for Commonwealth reserves.......259 371 Approved management plans aredisallowable instruments..........261 372 Amendment and revocation of management plans for

Commonwealth reserves................................................................261 373 Expiry of management plans for Commonwealth reserves ...........261

Subdivision F—Boards for Commonwealth reserves on

indigenous people’s land 262 374 Simplified outline of this Subdivision...........................................262 375 Application....................................................................................262 376 Functions of a Board for a Commonwealth reserve.......................262 377 Minister must establish Board if land council or traditional

owners agree..................................................................................263 378 Altering the constitution of a Board or abolishing a Board ...........264 379 Appointment of Board members ...................................................265 379A Fit and proper person.....................................................................266 380 Terms and conditions ....................................................................266

381 Remuneration................................................................................266 382 Termination of appointments of Board members..........................267 383 Procedure of a Board.....................................................................269

Subdivision G—Special rules for some Commonwealth reserves in

the Northern Territory or Jervis Bay Territory 270

384 Simplified outline of this Subdivision...........................................270

385 Activities in Commonwealth reserve without management

plan................................................................................................270 386 What are the Kakadu region and the Uluru region?......................270 387 No mining operations inKakadu National Park............................271 388 Establishment and development of townships in the Kakadu

region and Uluru region.................................................................271

389 Planning for townships..................................................................272

390 Special rules to protect Aboriginal interests in planning

process...........................................................................................273 390A Appointment of Northern Territory nominee to Board..................275

Division 5—Conservation zones 277 390B Simplified outline of this Division.................................................277 390C Object of this Division...................................................................277 390D Proclamationof conservation zones..............................................277 390E Regulating activities generally ......................................................278 390F Charges for activities in conservation zones..................................280 390G Other laws and regulations made for this Division........................280 390H Prior usage rights relating to conservation zones continue to

have effect.....................................................................................280 390J Revoking and altering conservation zones ....................................281

Chapter 5A—The List of Overseas Places of Historic Significance to Australia 283

Part 15A—The List of Overseas Places of Historic Significance to Australia 283 390K The List of Overseas Places of Historic Significance to Australia ........................................................................................283 390L Inclusion of places in the List of Overseas Places of Historic Significance to Australia ...............................................................283 390M Removal of places from the List of Overseas Places of Historic Significance to Australia or variation of statement of historic significance.......................................................................283 390N Inviting comments from other Ministers before taking action.......284 390P Minister may ask Australian Heritage Council for advice etc. ......284 390Q List of Overseas Places of Historic Significance to Australia to be publicly available..................................................................285 390R Disclosure of Australian Heritage Council’s assessments and advice ............................................................................................285

Chapter 6—Administration 286

Part 16—Precautionary principle and other considerations in making decisions 286 391 Minister must consider precautionary principle in making decisions........................................................................................286 391A Minister must consider information in the Register of the National Estate in making decisions..............................................288

Part 17—Enforcement 289

Division 1—Wardens, rangers and inspectors 289

Subdivision A—Wardens and rangers 289 392 Appointment of wardens and rangers............................................289 393 Arrangements for certain officers or employees to exercise

powers etc. of wardens or rangers .................................................289 394 Wardens ex officio .........................................................................290 395 Identitycards.................................................................................290

Subdivision B—Inspectors 290 396 Appointment of inspectors.............................................................290 397 Inspectors ex officio.......................................................................291 398 Arrangements for State and Territory officers to be

inspectors.......................................................................................291 399 Identitycards.................................................................................292

Subdivision BA—Exercise of powers of authorised officers outside the territorial sea 293 399A Powers to be exercised consistently with UNCLOS......................293

Subdivision BB—Exercise of powers of authorised officers in relation to Great Barrier Reef Marine Park 293 399B Certain powers to be exercised only by certain authorised officers...........................................................................................293

Subdivision C—Miscellaneous 294 400 Regulations may give wardens, rangers and inspectors extra

powers, functions and duties..........................................................294 401 Impersonating authorised officers and rangers..............................294 402 Offences against authorised officers and rangers ..........................295

Division 2—Boarding of vessels etc. and access to premises 297 403 Boarding of vessels etc. by authorised officers..............................297 404 Authorised officers to produce identification................................299 405 Access to premises ........................................................................300 406 Powers of authorised officers........................................................301 406A Searches under paragraph 406(1)(ba)............................................303 406AA Taking things into possession........................................................304 406B Thing taken into possession is not a thing seized ..........................305

Division 3—Monitoring of compliance 306 407 Monitoring powers ........................................................................306 407A Operation of electronic equipment at premises..............................307 407B Compensation for damage to electronic equipment.......................310 408 Monitoring searches with occupier’s consent................................310 409 Monitoring warrants......................................................................312 409A Monitoring warrants by telephone or other electronic means........313 409B Executing officer to bein possession of warrant...........................315 410 Details of monitoring warrant to be given to occupier etc.............315 411 Occupier entitled to be present during search................................316 412 Announcement before entry ..........................................................316 412A Other powers when on premises under monitoring warrant..........317

Division 4—Search warrants 318 413 When search warrants can be issued..............................................318 414 Statements in warrants...................................................................319 415 Powers of magistrate .....................................................................321 416 Warrants by telephone or other electronic means..........................321 417 The things that are authorised by a search warrant........................323 418 Availability of assistance, and use of force, in executing a

warrant...........................................................................................326 418A Executing officer to bein possession of warrant...........................326 419 Details of warrant to be given to occupier etc. ..............................326 420 Specific powers available to person executing warrant.................327 421 Use of equipment to examine or process things ............................327 422 Use of electronic equipment at premises.......................................328 423 Compensation for damage to electronic equipment.......................330 424 Copies of seized things to beprovided..........................................331 425 Occupier entitled to be present during search................................331 426 Receipts for things seized under warrant.......................................332 427 Restrictions on personal searches..................................................332 428 When a thing is in the possession of a person................................332

Division 6—Arrest and related matters 333 430 Powers of arrest.............................................................................333 431 Power to conduct a frisk search of an arrested person...................333 432 Power to conduct an ordinary search of an arrested person...........334 433 Power to conduct search of arrested person’s premises.................334 433A Interaction of this Division with Schedule 1..................................334

Division 6A—Provisions relating to detention of suspected foreign offenders 335 433B Provisions relating to detention of suspected foreign offenders........................................................................................335

Division 7—Miscellaneous provisions about searches, entry to premises, warrants etc. 336 434 Conduct of ordinary searches and frisk searches...........................336 435 Announcement before entry ..........................................................336 436 Offence of making false statements in warrants............................336 437 Offences relating to telephone warrants ........................................336 438 Retention of things seized under Division 4 or 6...........................337 440 Law relating to legal professional privilege not affected...............338 441 Other laws about search, arrest etc. not affected............................338 442 Persons to assist authorised officers ..............................................338

Division 8—Power to search goods, baggage etc. 340 443 Power to search goods, baggage etc. .............................................340

Division 8A—Power to ask questions about specimens 341 443A Authorised officer may ask questions about the nature or origin of specimens........................................................................341

Division 9—Power to ask for names and addresses 343 444 Authorised person may ask for person’s name and address...........343

Division 10—Seizure and forfeiture etc. 344

Subdivision AA—Seizure of specimens involved in a contravention of Part 13A 344 444A Seizure of specimens involved in a contravention of Part 13A.........................................................................................344 444B Noticeabout seizure......................................................................344 444C Applications for return of specimen ..............................................345 444D Court action for return of specimen...............................................345 444E Consignment of specimen with consent of owner.........................346 444G Retention of specimen...................................................................347 444H Forfeiture of specimen after end of retention period .....................348

Subdivision AB—Seizure of things (other than specimens involved in a contravention of Part 13A) 349 445 Seizure of things (other than specimens involved in a contravention of Part 13A)............................................................349 446 Retention of things seized under this Subdivision.........................350

Subdivision AC—Direction to deliver seizable items 352 447 Direction to deliver seizable items.................................................352

Subdivision B—Disposal of seized items 352 449 Immediate disposal of seized items...............................................352 449A Disposal of seized items if Secretary cannot locate or identify person entitled etc. ...........................................................354

Subdivision BA—Release of seized items to owner etc. 354 449BA Release of seizeditems to owner etc.............................................354

449BB How this Part applies in relation to things released conditionally..................................................................................355

Subdivision C—Forfeiture of seized items 356 450 Court-ordered forfeiture: order by court dealing with offence proceedings....................................................................................356 450A Court-orderedforfeiture: other situations......................................357 450B Forfeiture of seized items by consent etc.......................................357 451 Dealings in forfeited items ............................................................358 452 Delivery of forfeited items to the Commonwealth ........................358

Subdivision F—Keeping of organisms or specimens that have been seized 359 453 Keeping of organisms or specimens retained under this Part ........359 454 Recovery of costs of storing or keeping organisms or specimens ......................................................................................359

Subdivision G—Rescuing things 360 455 Rescuing things .............................................................................360 456 Breaking or destroying things or documents to prevent seizure etc......................................................................................360

Subdivision H—Seizure of cages or containers 361 456AA Power to seize cages or containers containing seizable things ......361 456AB Retention of seized cage or container............................................361 456AC Retention of non-seizable things contained in seized cages or containers ......................................................................................362

Division 11—Powers of pursuit 364 457 Power to pursue persons etc. .........................................................364

Division 12—Environmental audits 365 458 Directed environmental audits.......................................................365 459 Appointment of auditor and carrying out of audit .........................366 460 Nature of directed environmental audit .........................................366 461 Audit reports..................................................................................367 462 Directed environmental audits do not affect other audit obligations .....................................................................................368

Division 13—Conservation orders 369

Subdivision A—Simplified outline 369 463 Simplified outline of this Division.................................................369

Subdivision B—Making and reviewing conservation orders 369 464 Minister may make conservation orders........................................369 465 Duration of conservation orders ....................................................370 466 Reviews of conservation orders.....................................................370 467 Publication of conservation orders ................................................371 468 Application for reconsideration of conservation orders or decisions on review .......................................................................372

469 Reconsideration of conservation orders and decisions on

review............................................................................................372

Subdivision C—Complying with conservation orders 373 470 Contravening conservation orders is an offence............................373 471 Minister to consider proposed actions etc......................................374 472 Contents of notices of advice.........................................................374 473 Review by the Administrative Appeals Tribunal...........................374 474 Assistance in complying with conservation orders........................375

Division 14—Injunctions 376 475 Injunctions for contravention of the Act........................................376 476 Injunctions for contraventions of conservation agreements...........378 477 Discharge of injunctions................................................................379 479 Certain considerations for granting injunctions not relevant .........379 480 Powers conferred are in addition to other powers of the

Court..............................................................................................380

Division 14A—Federal Court’s power to make remediation orders 381 480A Remediation orders........................................................................381 480B Discharge of remediation orders....................................................382 480C Powers conferred are in addition to other powers of the

Court..............................................................................................382

Division 14B—Minister’s power to make remediation determinations 383

Subdivision A—Making of remediation determinations 383 480D Minister may make remediation determination.............................383 480E Contents of a remediation determination.......................................383 480F Notifying owners and occupiers of land of proposed

remediation determination.............................................................384 480G Notifying that remediation determination has been made .............385 480H Duration of remediation determinations........................................385 480J Ministerial reconsideration of remediation determinations ...........385

Subdivision B—Federal Court may set aside remediation determination 386 480K Applying to Federal Court to have remediation determination set aside..................................................................386

Subdivision C—Complying with remediation determinations 387 480L Federal Court may order compliance with remediation determination.................................................................................387 480M Civil penalty for contravention of remediation determination.......387

Subdivision D—Variation or revocation of remediation determinations 388 480N Variation or revocation of remediation determination...................388

Division 15—Civil penalties 389

Subdivision A—Obtaining an order for a civil penalty 389 481 Federal Court may order person to pay pecuniary penalty for

contravening civil penalty provision..............................................389 482 What is a civil penalty provision?..................................................390 483 Contravening a civil penalty provision is not an offence...............390 484 Persons involved in contravening civil penalty provision .............390 485 Recovery of a pecuniary penalty ...................................................390

Subdivision B—Civil penalty proceedings and criminal

proceedings 391 486A Civil proceedings after criminal proceedings ................................391 486B Criminal proceedings during civil proceedings.............................391 486C Criminal proceedings after civil proceedings ................................391 486D Evidence given in proceedings for penalty not admissible in

criminal proceedings .....................................................................391

Subdivision C—Enforceable undertakings relating to contraventions of Part 3 civil penalty provisions 392 486DA Acceptance of undertakings relating to contraventions of Part 3 civil penalty provisions.......................................................392 486DB Enforcement of undertakings.........................................................392

Division 15A—Notices to produce or attend 393 486E Application of Division.................................................................393 486F Minister may require person to provide information etc................393 486G Minister may require person to appear before Minister.................394 486H Persons to whom notices may not be given...................................394 486J Self-incrimination..........................................................................395

Division 16—Review of administrative decisions 396 487 Extended standing for judicialreview...........................................396 488 Applications on behalf of unincorporated organisations................397

Division 17—Duty to provide accurate information 398 489 Providing false or misleading information to obtain approval or permit........................................................................................398 490 Providing false or misleading information in response to a condition on an approval or permit................................................399 491 Providing false or misleading information to authorised officer etc.......................................................................................399

Division 18—Liability of executive officers for corporations 401 493 Who is an executive officer of a body corporate?..........................401 494 Civil penalties for executive officers of bodies corporate..............401 495 Criminal liability of executive officers of bodies corporate...........401 496 Did an executive officer take reasonable steps to prevent

contravention? ...............................................................................403

Division 18A—Liability of landholders for other people’s actions 405 496A Who is a landholder?.....................................................................405 496B Civil penalties for landholders.......................................................405 496C Criminal liability of landholders....................................................405 496D Did a landholder take reasonable steps to prevent a contravention? ...............................................................................406

Division 19—Infringement notices 408 497 Infringement notices......................................................................408

Division 20—Publicising contraventions 409 498 Minister may publicise contraventions of this Act or the regulations .....................................................................................409

Division 21—Immunity of officers 410 498A Immunity of officers and assistants...............................................410

Division 22—Conduct of directors, employees and agents 411 498B Conduct of directors, employees and agents..................................411

Part 18—Remedying environmental damage 414 499 Commonwealth powers to remedy environmental damage...........414 500 Liability for loss or damage caused by contravention ...................415 501 Other powers not affected..............................................................416

Part 19—Organisations 417

Division 1—Establishment and functions of the Threatened Species Scientific Committee 417 502 Establishment................................................................................417 503 Functions of the Committee ..........................................................417

Division 2—Establishment and functions of the Biological Diversity Advisory Committee 418 504 Establishment................................................................................418 505 Functions of the Committee ..........................................................419

Division 2A—Indigenous Advisory Committee 420 505A Establishment................................................................................420 505B Functions of the Committee ..........................................................420

Division 3—Members and procedures of Committees 421 506 Application....................................................................................421 507 Terms and conditions ....................................................................421 508 Remuneration................................................................................421 509 Termination of appointments of Committee members ..................422 510 Procedure of a Committee.............................................................423

Division 4—Advisory committees 424 511 Minister may establish advisory committees.................................424

512 Appointments................................................................................424 513 Members of advisory committees..................................................424 514 Committee procedure ....................................................................424

Division 5—Director of National Parks 426

Subdivision A—Establishment, functions and powers 426 514A Continuation..................................................................................426 514B Functions.......................................................................................426 514C Powers...........................................................................................427 514D Requirements relating to functions and powers.............................428

Subdivision B—Constitution of Director of National Parks 429 514E Constitution...................................................................................429 514F Appointment..................................................................................429 514G Acting appointments......................................................................430

Subdivision C—Terms and conditions of appointment 430 514H Term of office................................................................................430 514J Remuneration ................................................................................430 514K Outside employment......................................................................431 514L Disclosure of interests ...................................................................431 514M Leave of absence ...........................................................................431 514N Resignation....................................................................................431 514P Termination...................................................................................431 514Q Other terms and conditions............................................................432

Subdivision D—Australian National Parks Fund 432 514R Australian National Parks Fund.....................................................432 514S Payments to Australian National Parks Fund ................................432 514T Application of money....................................................................433

Subdivision E—Accountability 433 514U Modification of the Commonwealth Authorities and Companies Act 1997......................................................................433 514V Extra matters tobe included in annual report................................434

Subdivision F—Miscellaneous 434 514W Exemption from taxation...............................................................434 514X Changes in office of Director ........................................................434

Part 20—Delegation 435 515 Delegation .....................................................................................435 515AA Delegation by Minister in relation to Great Barrier Reef Marine Park...................................................................................435 515AB Delegation by Secretary in relation to Great Barrier Reef Marine Park...................................................................................436

Part 20A—Publication of information on the internet 438 515A Publication of information on the internet.....................................438

Part 21—Reporting 439

Division 1—Annual reports 439 516 Annual report on operation of Act.................................................439 516A Annual reports to deal with environmental matters.......................439

Division 2—State of the environment reports 441 516B State of the environment reports....................................................441

Chapter 7—Miscellaneous 442

Part 22—Miscellaneous 442 517 Determinations of species..............................................................442 517A Exemption for activities that might harm particular species introduced into particular areas .....................................................442 518 Non-compliance with time limits ..................................................444 519 Compensation for acquisition of property .....................................445 520 Regulations....................................................................................446 520A Statements about the application of the Act ..................................447 521 Fees and charges must not betaxes...............................................447 522 Financial assistance etc. to be paid out of appropriated money............................................................................................447 522A Review of operation of Act ...........................................................448

Chapter 8—Definitions 449

Part 23—Definitions 449

Division 1—Some definitions relating to particular topics 449

Subdivision A—Actions 449 523 Actions...........................................................................................449 524 Things that are not actions.............................................................449 524A Provision of grant funding is not an action....................................450

Subdivision B—Areas 450 525 Commonwealth areas ....................................................................450

Subdivision C—Entities 451 526 Subsidiaries of bodies corporate....................................................451

Subdivision D—Criminal law 452 527 Convictions....................................................................................452

Subdivision E—Specimens 452 527A Specimens......................................................................................452 527B Breeding in captivity .....................................................................453 527C Artificial propagation ....................................................................453 527D Things represented to be CITES specimens ..................................454

Subdivision F—Impacts 455

527E Meaning of impact.........................................................................455

Division 2—General list of definitions

528 Definitions.....................................................................................456

Schedule 1—Provisions relating to detention of suspected

foreign offenders 480
Part 1—Preliminary 480
Division 1—Objects of this Schedule 480

1 Main objects of this Schedule........................................................480

Division 2—Definitions 482 2 Definitions.....................................................................................482

Division 3—Appointment etc. of detention officers 483 3 Minister may appoint personsto be detention officers..................483 4 Detention officers subject to directions.........................................483 5 Detention officer etc. notliable to certain actions.........................483

Division 4—Approval of authorised officers and detention officers 484 6 The Secretary may approve authorised officers and detention officers...........................................................................................484 7 Persons who are authorised officers for purposes of the Migration Act 1958 are taken to be approved for this Schedule ........................................................................................484

Part 2—Detaining suspected foreign offenders 487

Division 1—Initial detention by an authorised officer 487 8 Power to detain..............................................................................487 9 Relationship with Part IC of the Crimes Act 1914.........................487

Division 2—Continued detention by a detention officer 488 10 Detention officer may detain person already detained by authorised officer...........................................................................488

Division 3—Detention on behalf of an authorised officer or detention officer 489 11 Detention on behalf of an authorised officer or detention officer ............................................................................................489

Division 4—Moving detainees 490 12 Power to move detainees...............................................................490

Division 5—End of detention 491 13 End of detention ............................................................................491

Division 6—Offence of escaping from detention 492 14 Escape from detention...................................................................492

Part 3—Searching and screening detainees and screening their visitors 493

Division 1—Searches of detainees 493 15 Searches of detainees.....................................................................493

Division 2—Screening of detainees 495 16 Power to conduct a screening procedure .......................................495

Division 3—Strip searches of detainees 496 17 Power to conduct a strip search.....................................................496 18 Rules for conducting a strip search................................................498

Division 4—Keeping of things found by screening or strip search of detainees 501 19 Possession and retention of certain things obtained during a screening procedure or strip search ...............................................501 20 Approved officer may apply for a thing to be retained for a further period.................................................................................502 21 Magistrate may order that thingbe retained..................................502

Division 5—Screening detainees’ visitors 504 22 Powers concerning entry to premises where detainee is detained .........................................................................................504

Division 6—Law applying to detainee in State or Territory prison etc. 506 23 Detainees held in State or Territory prisons or remand centres ...........................................................................................506

Part 4—Detainees’ rights to facilities for obtaining legal advice etc. 507 24 Detainee may have access to certain advice, facilitiesetc.............507

Part 5—Identifying detainees 508

Division 1—Preliminary 508 25 Definitions.....................................................................................508 26 Meaning of personal identifier ......................................................508 27 Limiting the types of identification tests that approved

officers may carry out....................................................................510

Division 2—Identification of detainees 511

Subdivision A—Provision of personal identifiers 511 28 Detaineesmustprovide personal identifiers..................................511 29 Approved officers must require and carry out identification

tests................................................................................................512 30 Information to be provided before carrying out identification tests................................................................................................513

Subdivision B—How identification tests are carried out

31 General rules for carrying out identification tests..........................513 32 Use of force in carrying out identification tests.............................514 33 Identification tests not to be carried out in cruel, inhuman or

degrading manner etc.....................................................................516 34 Approved officer may get help to carry out identification tests................................................................................................516 35 Identification tests to be carried out by approved officer of

same sex as non-citizen.................................................................516 36 Independent person to be present...................................................516 37 Recording of identification tests....................................................517 38 Retesting........................................................................................517

Subdivision C—Obligations relating to video recordings of

identification tests 520 39 Definitions.....................................................................................520 40 Accessing video recordings...........................................................520 41 Authorising access to video recordings .........................................521 42 Providing video recordings............................................................522 43 Unauthorised modification of video recordings.............................523 44 Unauthorised impairment of video recordings...............................523 45 Meanings of unauthorised modification and unauthorised

impairment etc...............................................................................523 46 Destroying video recordings..........................................................524

Division 3—Identification of minors and incapable persons 525 47 Minors...........................................................................................525 48 Incapable persons ..........................................................................525

Division 4—Obligations relating to detainees’ identifying information 527

Subdivision A—Preliminary 527 49 Definitions.....................................................................................527 50 Application....................................................................................528

Subdivision B—Accessing identifying information 528 51 Accessing identifying information.................................................528 52 Authorising access to identifying information...............................528

Subdivision C—Disclosing identifying information 529 53 Disclosing identifying information................................................529 54 Authorising disclosure of identifying information to foreign

countries etc...................................................................................531

Subdivision D—Modifying and impairing identifying information 532 55 Unauthorised modification of identifyinginformation..................532 56 Unauthorised impairment of identifying information....................533

57 Meanings of unauthorised modification and unauthorised impairment etc...............................................................................533 Subdivision E—Retaining identifying information 534 58 Identifying information may be indefinitely retained....................534

Part 6—Disclosure of detainees’ personal information 535 59 Disclosure of detainees’ personal information...............................535

Notes 537

Conservation of biodiversity and heritage Chapter 5 Species and communities Part 13 Conservation advice, recovery plans, threat abatement plans and wildlife conservation plans Division 5

Section 266B

Division 5—Conservation advice, recovery plans, threat abatement plans and wildlife conservation plans

Subdivision AA—Approved conservation advice

266B Approved conservation advice for listed threatened species and listed threatened ecological communities

Minister to ensure there is approved conservation advice

(1)
The Minister must ensure that there is approved conservation advice for each listed threatened species (except one that is extinct or that is a conservation dependent species), and each listed threatened ecological community, at all times while the species or community continues to be listed.
(2)
For this purpose, approved conservation advice is a document, approved in writing by the Minister (and as changed from time to time in accordance with subsection (3)), that contains:
(a)
a statement that sets out:
(i)
the grounds on which the species or community is eligible to be included in the category in which it is listed; and
(ii)
the main factors that are the cause of it being so eligible; and
(b)
either:
(i)
information about what could appropriately be done to stop the decline of, or support the recovery of, the species or community; or
(ii)
a statement to the effect that there is nothing that could appropriately be done to stop the decline of, or support the recovery of, the species or community.

Changing approved conservation advice

(3) The Minister may, in writing, approve changes to approved conservation advice.

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Section 267

Consultation with Scientific Committee

(4)
If the Minister proposes to approve a document as approved conservation advice, the Minister must consult the Scientific Committee about the document, unless its content is substantially the same as material that the Committee has previously provided to the Minister.
(5)
If the Minister proposes to approve a change to approved conservation advice, the Minister must consult the Scientific Committee about the change, unless the change is substantially the same as a change that the Scientific Committee has previously advised the Minister should be made.

Publication requirements

(6)
If the Minister approves a document as approved conservation advice, the Minister must:
(a)
within 10 days of the approval of the document, publish the approved conservation advice on the internet; and
(b)
comply with any other publication requirements of the regulations.
(7)
If the Minister approves a change to approved conservation advice, the Minister must:
(a)
within 10 days of the approval of the change, publish the advice, as changed, on the internet; and
(b)
comply with any other publication requirements of the regulations.

Instruments of approval are not legislative instruments

(8) An instrument of approval under subsection (2) or (3) is not a legislative instrument.

Subdivision A—Recovery plans and threat abatement plans

267 Simplified outline of this Subdivision

The following is a simplified outline of this Subdivision:

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Section 268

Recovery plans for listed threatened species and ecological communities and threat abatement plans for key threatening processes bind the Commonwealth and Commonwealth agencies.

The Minister need ensure that a recovery plan is in force for a listed threatened species or ecological community only if the Minister decides to have a recovery plan. The Minister must decide whether to have a recovery plan for the species or community within 90 days after it becomes listed. The Minister may, at any other time, decide whether to have such a plan.

The Minister need ensure a threat abatement plan is in force for a key threatening process only if the Minister decides that a plan is a feasible, effective and efficient way of abating the process. The Minister must consult before making such a decision.

A recovery plan or threat abatement plan can be made by the Minister alone or jointly with relevant States and Territories, or the Minister can adopt a State or Territory plan. There must be public consultation and advice from the Scientific Committee about the plan, regardless of how it is made or adopted.

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.

Chapter 5 Conservation of biodiversity and heritage Part 13 Species and communities Division 5 Conservation advice, recovery plans, threat abatement plans and wildlife conservation plans

Section 269AA

269AA Decision whether to have a recovery plan

Minister has an initial obligation and then a discretion

(1)
The Minister must decide whether to have a recovery plan for a listed threatened species (except one that is extinct or that is a conservation dependent species) or a listed threatened ecological community within 90 days after the species or community becomes listed. The Minister may, at any other time, decide whether to have a recovery plan for the species or community.
(2)
In this section:
(a)
the decision that the Minister is required by subsection (1) to make in relation to the species or community within the 90 day period referred to in that subsection is the initial recovery plan decision; and
(b)
any subsequent decision that the Minister makes under subsection (1) in relation to the species or community is a subsequent recovery plan decision.

Making the initial recovery plan decision

(3) In making the initial recovery plan decision, the Minister must have regard to the recommendation (the initial recommendation) made by the Scientific Committee as mentioned in paragraph 189(1B)(c) in relation to the species or community.

Making a subsequent recovery plan decision (unless subsection (5) applies)

(4) In making a subsequent recovery plan decision in relation to the species or community, other than a decision to which subsection (5) applies:

(a)
the Minister must have regard to the initial recommendation in relation to the species or community; and
(b)
the Minister must have regard to any advice subsequently provided to the Minister by the Scientific Committee about whether there should be a recovery plan for the species or community.

Conservation of biodiversity and heritage Chapter 5 Species and communities Part 13 Conservation advice, recovery plans, threat abatement plans and wildlife conservation plans Division 5

Section 269AA

Changing from a decision to have a recovery plan to a decision not to have a recovery plan—additional requirements

(5)
If, at a time when a decision to have a recovery plan for the species or community is in force (whether or not the plan has yet been made), the Minister is proposing to make a subsequent recovery plan decision that there should not be a recovery plan for the species or community:
(a)
the Minister must ask the Scientific Committee for advice relating to the proposed decision; and
(b)
the Minister must publish a notice inviting comments on the proposed decision in accordance with subsection (7); and
(c)
the Minister must, in deciding whether to make the proposed decision, take account of:
(i)
any advice provided by the Scientific Committee in relation to the proposed decision; and
(ii)
subject to subsection (6), the comments the Minister receives in response to the notice referred to in paragraph (b).
(6)
The Minister is not required to take a comment referred to in subparagraph (5)(c)(ii) into account if:
(a)
the Minister does not receive the comment until after the cut-off date specified in the notice under paragraph (5)(b); or
(b)
the Minister considers that regulations referred to in paragraph (8)(b) have not been complied with in relation to the comment.
(7)
The notice referred to in paragraph (5)(b):
(a)
must be published in accordance with the regulations referred to in paragraph (8)(a); and
(b)
must set out the decision the Minister proposed to make; and
(c)
must invite people to make comments, to the Minister, about the proposed decision; and
(d)
must specify the date (the cut-off date) by which comments must be received, which must be at least 30 business days after the notice has been published as required by paragraph (a); and
(e)
must specify, or refer to, the manner and form requirements that, under regulations referred to in paragraph (8)(b), apply to making comments; and

Chapter 5 Conservation of biodiversity and heritage Part 13 Species and communities Division 5 Conservation advice, recovery plans, threat abatement plans and wildlife conservation plans

Section 269A

(f) may also include any other information that the Minister considers appropriate.

(8) The regulations must provide for the following:

(a)
how a notice referred to in paragraph (5)(b) is to be published;
(b)
the manner and form for making comments.

General publication requirements

(9) The Minister must publish the following:

(a)
the Minister’s initial recovery plan decision, and the reasons for it;
(b)
each subsequent recovery plan decision (if any), and the

reasons for it. The regulations may specify how the publication is to be made. Subject to any such regulations, the publication must be made in a way that the Minister considers appropriate.

Note: This subsection must be complied with, even if the Minister has already published notice of the proposed decision in accordance with subsections (5) and (7).

Decisions not legislative instruments

(10) An instrument making a decision under subsection (1) is not a legislative instrument.

269A Making or adopting a recovery plan

Application

(1) This section applies only if the Minister’s most recent decision under section 269AA in relation to a listed threatened species (except one that is extinct or that is a conservation dependent species) or a listed threatened ecological community is to have a recovery plan for the species or community.

Note: Subsection 273(1) sets a deadline of 3 years from the decision for ensuring that a recovery plan is in force for the species or community. Subsection 273(2) allows that period to be extended.

Conservation of biodiversity and heritage Chapter 5 Species and communities Part 13 Conservation advice, recovery plans, threat abatement plans and wildlife conservation plans Division 5

Section 269A

Making a plan

(2) The Minister may make a written recovery plan for the purposes of the protection, conservation and management of:

(a)
a listed threatened species (except one that is extinct or is a conservation dependent species); or
(b)
a listed threatened ecological community.

Making a plan jointly with a State or Territory

(3) The Minister may make a written recovery plan for the purposes of the protection, conservation and management of a listed threatened species (except one that is extinct or is a conservation dependent species) or a listed threatened ecological community jointly with one or more of the States and self-governing Territories in which the species or community occurs, or with agencies of one or more of those States and Territories.

Content of a plan

(4) The Minister must not make a recovery plan under subsection (2) or (3) unless the plan meets the requirements of section 270.

Prerequisites to making a plan

(5) Before making a recovery plan under subsection (2) or (3) for a listed threatened species or listed threatened ecological community, the Minister must:

(a) consult the appropriate Minister of each State and self-governing Territory in which the species or community occurs, and in which actions that the plan would provide for would occur, with a view to:

(i)
taking the views of each of those States and Territories into account in making the plan under subsection (2); or
(ii)
making the plan jointly under subsection (3);

unless the species or community occurs only in a Commonwealth area; and

(b)
consider the advice of the Scientific Committee given under section 274; and
(c)
consult about the plan and consider comments in accordance with sections 275 and 276.

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Section 270

Limits on making a plan

(6) The Minister must not make a recovery plan under subsection (2) for a species or ecological community that occurs wholly or partly outside a Commonwealth area unless the Minister is satisfied that it is not reasonably practicable, within the period of 3 years referred to in subsection 273(1), to make the plan under subsection (3) of this section with each State or Territory:

(a)
in which the species or community occurs; and
(b)
in which actions that the plan would provide for would occur, if the plan were made under subsection (2) of this section.

Adopting a State or Territory plan

(7) The Minister may, by instrument in writing, adopt as a recovery plan a plan made by a State, a self-governing Territory or an agency of a State or self-governing Territory (whether or not the plan is in force in the State or Territory). The Minister may adopt the plan with such modifications as are specified in the instrument. This subsection has effect subject to section 277.

Note: Section 277 requires that:

(a)
an adopted plan have the content required for a recovery plan by section 270; and
(b)
there has been adequate consultation in making the plan adopted; and
(c)
the Minister consult the Scientific Committee about the content of the plan.

Effect of adopting a plan

(8) A plan adopted under subsection (7) has effect as if it had been made under subsection (2) (whether it was adopted with modifications or not).

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.

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Section 270

(2) In particular, a recovery plan must (subject to subsection (2A)):

(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 (ca) identify threats to the species or community; 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
(j)
meet prescribed criteria (if any) and contain provisions of a prescribed kind (if any).

(2A) A recovery plan need only address the matters mentioned in paragraphs (2)(d), (e), (f), (g) and (h) to the extent to which it is practicable to do so.

(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

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Section 270A

(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; and
(e)
the role and interests of indigenous people in the conservation of Australia’s biodiversity.

270A Decision whether to have a threat abatement plan

Decision

(1) The Minister may at any time decide whether to have a threat abatement plan for a threatening process in the list of key threatening processes established under section 183. The Minister must do so:

(a)
within 90 days of the threatening process being included in the list; and
(b)
within 5 years of the last decision whether to have a threat abatement plan for the process, if that decision was not to have a threat abatement plan for the process.

Basis for decision

(2) The Minister must decide to have a threat abatement plan for the process if he or she believes that having and implementing a threat abatement plan is a feasible, effective and efficient way to abate the process. The Minister must decide not to have a threat abatement plan if he or she does not believe that.

Consultation before making a decision

(3) Before making a decision under this section, the Minister must:

(a)
request the Scientific Committee to give advice within a specified period; and
(b)
take reasonable steps to request 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 to give advice within a specified period;

Conservation of biodiversity and heritage Chapter 5 Species and communities Part 13 Conservation advice, recovery plans, threat abatement plans and wildlife conservation plans Division 5

Section 270A

on the feasibility, effectiveness or efficiency of having and implementing a threat abatement plan to abate the process.

Consulting others

(4) Subsection (3) does not prevent the Minister from requesting any other person or body to give advice within a specified period on the feasibility, effectiveness or efficiency of having and implementing a threat abatement plan to abate the process.

Request may be made before listing

(5) A request for advice on the feasibility, effectiveness or efficiency of having and implementing a threat abatement plan to abate the process may be made before or after the process is included in the list of key threatening processes established under section 183.

Time for giving advice

(6) The Minister must not make a decision whether to have a threat abatement plan for the process before the end of the period within which he or she has requested a person or body to give advice on the feasibility, effectiveness or efficiency of having and implementing a threat abatement plan to abate the process.

Considering views expressed in consultation

(7) When the Minister is making a decision under this section, he or she must consider the advice that a person or body gave on request within the period specified in the request.

Publishing decision and reasons

(8) The Minister must publish in accordance with the regulations (if any):

(a)
a decision whether or not to have a threat abatement plan for a key threatening process; and
(b)
the Minister’s reasons for the decision.

Chapter 5 Conservation of biodiversity and heritage Part 13 Species and communities Division 5 Conservation advice, recovery plans, threat abatement plans and wildlife conservation plans

Section 270B

Special rules for processes included in original list

(9) Subsections (3), (4), (5), (6) and (7) do not apply in relation to a decision about a process included in the list under section 183 as first established.

270B Making or adopting a threat abatement plan

Application

(1) This section applies only if the Minister’s most recent decision under section 270A in relation to a key threatening process is to have a threat abatement plan for the process.

Note: Section 273 sets a deadline of 3 years from the decision for ensuring that a threat abatement plan is in force for the process.

Making a plan

(2) The Minister may make a written threat abatement plan for the purposes of reducing the effect of the process.

Making a plan jointly with a State or Territory

(3) The Minister may make a written threat abatement plan for the purposes of reducing the effect of the process, jointly with the States and self-governing Territories in which the process occurs or with agencies of those States and Territories.

Content of a plan

(4) The Minister must not make a threat abatement plan under subsection (2) or (3) unless the plan meets the requirements of section 271.

Prerequisites to making a plan

(5) Before making a threat abatement plan for the process under subsection (2) or (3), the Minister must:

(a) consult the appropriate Minister of each State and self-governing Territory in which the process occurs, with a view to:

(i) taking the views of each of those States and Territories into account in making the plan under subsection (2); or

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(ii) making the plan jointly under subsection (3); unless the process occurs only in a Commonwealth area; and

(b)
consider the advice of the Scientific Committee given under section 274; and
(c)
consult about the plan and consider comments in accordance with sections 275 and 276.

Limits on making a plan

(6) The Minister must not make a threat abatement plan under subsection (2) for a process that occurs wholly or partly outside a Commonwealth area unless the Minister is satisfied that it is not reasonably practicable to make the plan:

(a)
jointly with each of the States and self-governing Territories in which the process occurs; and
(b)
within 3 years of the decision to have the plan.

Adopting a State or Territory plan

(7) The Minister may, by instrument in writing, adopt as a threat abatement plan for the process a plan made by a State, a self-governing Territory or an agency of a State or self-governing Territory (whether or not the plan is in force in the State or Territory). The Minister may adopt the plan with such modifications as are specified in the instrument. This subsection has effect subject to section 277.

Note: Section 277 requires that:

(a)
an adopted plan have the content required for a threat abatement plan by section 271; and
(b)
there has been adequate consultation in making the plan adopted; and
(c)
the Minister consult the Scientific Committee about the content of the plan.

Effect of adopting a plan

(8) A plan adopted under subsection (7) has effect as if it had been made under subsection (2), whether it was adopted with modifications or not.

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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
(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; and
(e)
the role and interests of indigenous people in the conservation of Australia’s biodiversity.
(4)
A threat abatement plan may:
(a)
state the estimated duration and cost of the threat abatement process; and
(b)
identify organisations or persons who will be involved in evaluating the performance of the threat abatement plan; and
(c)
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.

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(5) Subsection (4) does not limit the matters that a threat abatement plan may include.

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 Ensuring plans are in force

When a plan comes into force

(1A) A recovery plan or a threat abatement plan comes into force on the day on which it is made or adopted, or on a later day specified by the Minister in writing.

Deadline for recovery plan

(1)
Subject to subsection (2), a recovery plan for a listed threatened species or a listed threatened ecological community must be made and in force within 3 years of the decision under section 269AA to have the plan.
(2)
The Minister may, in writing, extend the period within which a recovery plan must be made. Only one extension can be granted for the making of the plan, and the period of the extension must not be more than 3 years.

Ensuring recovery plan is in force

(3) Once the first recovery plan for a listed threatened species or a listed threatened ecological community is in force, the Minister must exercise his or her powers under this Subdivision to ensure that a recovery plan is in force for the species or community until

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the Minister decides under section 269AA not to have a recovery plan for the species or community.

Note: The Minister may revoke a recovery plan for a listed threatened species or a listed threatened ecological community if the Minister decides under section 269AA not to have a recovery plan for the species or community. See section 283A.

Deadline for threat abatement plan

(4) A threat abatement plan for a key threatening process must be made and in force within 3 years of the decision under section 270A to have the plan.

Ensuring threat abatement plan is in force

(5) Once the first threat abatement plan for a key threatening process is in force, the Minister must exercise his or her powers under this Subdivision to ensure that a threat abatement plan is in force for the process until the Minister decides under section 270A not to have a threat abatement plan for the process.

Note: The Minister may revoke a threat abatement plan for a key threatening process if the Minister decides under section 270A not to have a threat abatement plan for the process. See section 283A.

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;

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(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 this Subdivision, 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.

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(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 this Subdivision 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 of plans

(1)
As soon as practicable after the Minister makes or adopts a recovery plan or a threat abatement plan under this Subdivision, 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

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(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 this Subdivision 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;

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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.

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(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.

283A Revoking a plan

(1) The Minister may, by legislative instrument:

(a) revoke a recovery plan for a listed threatened species or a listed threatened ecological community if the Minister decides under section 269AA not to have a recovery plan for the species or community; or

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(b) revoke a threat abatement plan for a key threatening process if the Minister decides under section 270A not to have a threat abatement plan for the process.

(2) The Minister must publish in accordance with the regulations (if any):

(a)
the instrument revoking the plan; and
(b)
the Minister’s reasons for revoking the plan.

284 Reports on preparation and implementation of plans

The Secretary must include in each annual report a report on the making and adoption under this Subdivision 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;
(d)
a conservation dependent species.
(2)
The Minister must not make a wildlife conservation plan for a species that is a listed threatened species (except a conservation dependent 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.

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(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; or
(d)
a conservation dependent species 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.

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, species of cetacean or conservation dependent species 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

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(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, species of cetacean or conservation dependent species (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, species of cetacean and conservation dependent species; 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, species of cetacean or conservation dependent species to which the plan relates; and
(e)
the role and interests of indigenous people in the conservation of Australia’s biodiversity.

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;

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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.

(1A) The Scientific Committee may advise the Minister on its own initiative to make a wildlife conservation plan for a specified species described in subsection 285(1).

(2)
In giving advice under subsection (1) or (1A), 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

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(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:

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(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;

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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;

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(d) one or more conservation dependent species.

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 (except a

conservation dependent species); the wildlife conservation plan ceases to have effect in relation to the species on and from the day on which the species becomes a listed threatened species as mentioned in paragraph (b).

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.

300A State and Territory laws not affected

Sections 269A, 270A, 270B, 273 and 285 do not exclude or limit the concurrent operation of a law of a State or self-governing Territory.

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300B Assistance from the Scientific Committee

(1)
The Minister may, at any time, ask the Scientific Committee to provide the Minister with a statement, information or advice for the purpose of assisting the Minister in the performance or exercise of the Minister’s functions or powers under section 266B, 269AA or 270A.
(2)
The Scientific Committee may, at any time, provide the Minister with a statement, information or advice for the purpose of assisting the Minister in the performance or exercise of the Minister’s functions or powers under section 266B, 269AA or 270A (whether or not the Committee is acting in response to a request under subsection (1) of this section).

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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.

Chapter 5 Conservation of biodiversity and heritage Part 13 Species and communities Division 6A Control of non-native species

Section 301A

Division 6A—Control of non-native species

301A Regulations for control of non-native species

The regulations may:

(a)
provide for the establishment and maintenance of a list of species, other than native species, whose members:
(i)
do or may threaten biodiversity in the Australian jurisdiction; or
(ii)
would be likely to threaten biodiversity in the Australian jurisdiction if they were brought into the Australian jurisdiction; and
(b)
regulate or prohibit the bringing into the Australian jurisdiction of members of a species included in the list mentioned in paragraph (a); and
(c)
regulate or prohibit trade in members of a species included in the list mentioned in paragraph (a):
(i)
between Australia and another country; or
(ii)
between 2 States; or
(iii) between 2 Territories; or
(iv)
between a State and a Territory; or
(v)
by a constitutional corporation; and
(d)
regulate and prohibit actions:
(i)
involving or affecting members of a species included in the list mentioned in paragraph (a); and
(ii)
whose regulation or prohibition is appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries; and
(e)
provide for the making and implementation of plans to reduce, eliminate or prevent the impacts of members of species included in the list mentioned in paragraph (a) on biodiversity in the Australian jurisdiction.

Conservation of biodiversity and heritage Chapter 5 Species and communities Part 13 Aid for conservation of species in foreign countries Division 7

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.

Chapter 5 Conservation of biodiversity and heritage Part 13 Species and communities Division 8 Miscellaneous

Section 303

Division 8—Miscellaneous

303 Regulations

(1)
The regulations may make provision for the conservation of biodiversity in Commonwealth areas.
(2)
In particular, the regulations may prohibit or regulate actions affecting a member of a native species in a Commonwealth area. This does not limit subsection (1).

303A Exemptions from this Part

(1)
A person proposing to take an action that would contravene a provision of this Part apart from this section may apply in writing to the Minister for an exemption from the provision.
(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 this Part 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

Conservation of biodiversity and heritage Chapter 5 Species and communities Part 13 Miscellaneous Division 8

(b) give a copy of the notice to the person specified in the notice.

303AA Conditions relating to accreditation of plans, regimes and policies

(1)
This section applies to an accreditation of a plan, regime or policy under section 208A, 222A, 245 or 265.
(2)
The Minister may accredit a plan, regime or policy under that section even though he or she considers that the plan, regime or policy should be accredited only:
(a)
during a particular period; or
(b)
while certain circumstances exist; or
(c)
while a certain condition is complied with.

In such a case, the instrument of accreditation is to specify the period, circumstances or condition.

(3)
If an accreditation specifies a particular period as mentioned in subsection (2), the accreditation ceases to be in force at the end of that period.
(4)
If an accreditation specifies circumstances as mentioned in subsection (2), the Minister must, in writing, revoke the accreditation if he or she is satisfied that those circumstances have ceased to exist.
(5)
The Minister may, in writing, vary an accreditation by:
(a)
specifying one or more conditions (or further conditions) to which the accreditation is subject; or
(b)
revoking or varying a condition:
(i)
specified in the instrument of accreditation; or
(ii)
specified under paragraph (a).
(6)
A condition may relate to reporting or monitoring.
(7)
The Minister must, in writing, revoke an accreditation if he or she is satisfied that a condition of the accreditation has been contravened.

Chapter 5 Conservation of biodiversity and heritage Part 13 Species and communities Division 8 Miscellaneous

Section 303AB

303AB Amended policies, regimes or plans taken to be accredited

(1) If:

(a)
a plan, regime or policy is accredited under section 208A, 222A, 245 or 265; and
(b)
the plan, regime or policy is amended, or is proposed to be amended; and
(c)
the Minister is satisfied that the amendments are, or will be, minor; and
(d)
the Minister is satisfied that the plan, regime or policy as amended meets, or will meet, the requirements of subsection 208A(1), 222A(1), 245(1) or 265(1) (as the case may be);

the Minister may, by instrument in writing, determine that this subsection applies to the amendments.

(2)
If the Minister makes a determination under subsection (1), the plan, regime or policy as amended is, for the purposes of this Act, taken to be accredited under subsection 208A(1), 222A(2), 245(1) or 265(1) (as the case may be).
(3)
A determination under subsection (1) of this section is not a legislative instrument.

Conservation of biodiversity and heritage Chapter 5 International movement of wildlife specimens Part 13A Introduction Division 1

Part 13A—International movement of wildlife specimens

Division 1—Introduction

303BA Objects of Part

(1) The objects of this Part are as follows:

(a)
to ensure that Australia complies with its obligations under CITES and the Biodiversity Convention;
(b)
to protect wildlife that may be adversely affected by trade;
(c)
to promote the conservation of biodiversity in Australia and other countries;
(d)
to ensure that any commercial utilisation of Australian native wildlife for the purposes of export is managed in an ecologically sustainable way;
(e)
to promote the humane treatment of wildlife;
(f)
to ensure ethical conduct during any research associated with the utilisation of wildlife;
(h)
to ensure that the precautionary principle is taken into account in making decisions relating to the utilisation of wildlife.

Note: CITES means the Convention on International Trade in Endangered Species—see section 528.

(2) In order to achieve its objects, this Part includes special provisions to conserve the biodiversity of Australian native wildlife.

303BAA Certain indigenous rights not affected

To avoid doubt, nothing in this Part prevents an indigenous person from continuing in accordance with law the traditional use of an area for:

(a)
hunting (except for the purposes of sale); or
(b)
food gathering (except for the purposes of sale); or
(c)
ceremonial or religious purposes.

Chapter 5 Conservation of biodiversity and heritage Part 13A International movement of wildlife specimens Division 1 Introduction

Section 303BB

303BB Simplified outline

The following is a simplified outline of this Part:

  • This Part sets up a system for regulating the international movement of wildlife specimens.
  • A CITES specimen is a specimen of a species included in Appendix I, II or III to the Convention on International Trade in Endangered Species (CITES).
    • It is an offence to export or import a CITES specimen unless:
      • the exporter or importer holds a permit; or
      • an exemption applies.
  • A regulated native specimen is a specimen of a native species subject to export control under this Part.
    • It is an offence to export a regulated native specimen unless:
      • the exporter holds a permit; or
      • an exemption applies.
  • A regulated live specimen is a live specimen of a species subject to import control under this Part.
  • It is an offence to import a regulated live specimen unless the importer holds a permit.
  • It is an offence to possess a specimen that was imported in contravention of this Part.

303BC Definitions

In this Part, unless the contrary intention appears:

eligible listed threatened species means a listed threatened species other than a species in the conservation dependent category.

Conservation of biodiversity and heritage Chapter 5 International movement of wildlife specimens Part 13A Introduction Division 1

engage in conduct means:

(a)
do an act; or
(b)
omit to perform an act.

export means:

(a)
export from Australia or from an external Territory; or
(b)
export from the sea; but does not include:
(c)
export from Australia to an external Territory; or
(d)
export from an external Territory to Australia; or
(e)
export from an external Territory to another external Territory.

export from the sea, in relation to a specimen, means take in a Commonwealth marine area and then take out of that area to another country without bringing into Australia or into an external Territory.

import means:

(a)
import into Australia or into an external Territory; or
(b)
import by way of introduction from the sea; but does not include:
(c)
import into Australia from an external Territory; or
(d)
import into an external Territory from Australia; or
(e)
import into an external Territory from another external Territory.

import by way of introduction from the sea, in relation to a specimen, means take in the marine environment not under the jurisdiction of any country and then bring into Australia or into an external Territory without having been imported into any other country.

marine environment means the sea, and includes:

(a)
the air space above the sea; and
(b)
the seabed and subsoil beneath the sea.

recipient means:

(a) in relation to a specimen that is exported—the person in the country to which the specimen is exported who is to have the care and custody of the specimen after the export; and

Chapter 5 Conservation of biodiversity and heritage Part 13A International movement of wildlife specimens Division 1 Introduction

Section 303BC

(b) in relation to a specimen that is imported into Australia or into an external Territory—the person in Australia or that Territory, as the case may be, who is to have the care and custody of the specimen after the import.

relevant CITES authority, in relation to a country, means:

(a)
if the country is a party to CITES—a Management Authority of that country; or
(b)
if the country is not a party to CITES—a competent authority of that country within the meaning of Article X of CITES.

sender, in relation to a specimen that is imported into Australia or an external Territory, means the person in the country from which the specimen is imported who exports it from that country to Australia or to that Territory, as the case may be.

take includes:

(a)
in relation to an animal—harvest, catch, capture, trap and kill; and
(b)
in relation to a plant specimen—harvest, pick, gather and cut.

trade means trade within the ordinary meaning of that expression.

Note: See also section 528.

Conservation of biodiversity and heritage Chapter 5 International movement of wildlife specimens Part 13A CITES species Division 2

Division 2—CITES species

Subdivision A—CITES species and CITES specimens

303CA Listing of CITES species

(1)
The Minister must, by instrument published in the Gazette, establish a list of CITES species for the purposes of this Act.
(2)
The Minister must ensure that the list is established on the commencement of this section.

Note: See section 4 of the Acts Interpretation Act 1901.

(3)
The list must include all species from time to time included in any of Appendices I, II and III to CITES. The list must not include any other species.
(4)
For each species included in the list, there is to be a notation:
(a)
describing the specimens belonging to that species that are included in a particular Appendix to CITES; and
(b)
identifying the Appendix in which the species is included; and
(c)
identifying the date on which the provisions of CITES first applied to the specimens.
(5)
A description mentioned in paragraph (4)(a):
(a)
may cover all specimens that belong to the species; or
(b)
may cover specified kinds of specimens that belong to the species; or
(c)
may state that the inclusion of a specimen in a particular Appendix to CITES is subject to restrictions or conditions.
(6)
A restriction or condition mentioned in paragraph (5)(c) may:
(a)
impose a quantitative limit in relation to the export or import of a specimen; or
(b)
relate to the imposition of a quota in relation to the export or import of specimens; or
(c)
relate to a particular population of a species; or
(d)
reflect any other restriction or condition set out in the relevant Appendix to CITES.

Chapter 5 Conservation of biodiversity and heritage Part 13A International movement of wildlife specimens Division 2 CITES species

Section 303CB

(7)
Subsection (6) does not limit paragraph (5)(c).
(8)
A notation in the list is to be consistent with CITES.
(9)
The Minister may, by instrument published in the Gazette:
(a)
correct an inaccuracy or update the name of a species; or
(b)
amend the list, as necessary, so that it includes all species required to be included in the list under subsection (3); or
(c)
amend the list, as necessary, so that the notations in the list are consistent with CITES.
(10)
A copy of an instrument under subsection (1) or (9) is to be made available for inspection on the internet.
(11)
For the purposes of this section, it is to be assumed that the definition of specimen in CITES includes a reference to a thing that is a specimen for the purposes of this Act.

Note: See also section 303CB.

303CB Stricter domestic measures

(1) The Minister may, by instrument published in the Gazette, declare that the list referred to in section 303CA has effect as if it were modified as set out in the declaration.

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

(2) The Minister must not make a declaration under subsection (1) unless:

(a)
the modification has the effect of treating a specified specimen that is included in Appendix II to CITES as if the specimen were included in Appendix I to CITES; or
(b)
the modification has the effect of broadening the range of specimens included in a specified Appendix to CITES in relation to a specified species; or
(c)
the modification has the effect of decreasing a quantitative limit in relation to the export or import of a specimen; or
(d)
the modification has the effect of treating a specified specimen that is not included in Appendix I, II or III to CITES as if the specimen were included in Appendix I to CITES; or

Conservation of biodiversity and heritage Chapter 5 International movement of wildlife specimens Part 13A CITES species Division 2

(e) the modification has the effect of treating a specified specimen that is not included in Appendix I, II or III to CITES as if the specimen were included in Appendix II to CITES.

(3)
An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
(4)
A copy of an instrument under subsection (1) is to be made available for inspection on the internet.
(5)
A reference in this Act to the list referred to in section 303CA is a reference to that list as modified under this section.

Subdivision B—Offences and permit system

303CC Exports of CITES specimens

(1) A person is guilty of an offence if:

(a)
the person exports a specimen; and
(b)
the specimen is a CITES specimen.

Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.

Authorised export—permit

(2) Subsection (1) does not apply if the specimen is exported in accordance with a permit that was issued under section 303CG, 303GB or 303GC and is in force.

Authorised export—CITES exemptions

(3)
Subsection (1) does not apply if the export of the specimen is an export that, in accordance with a determination made by the Minister under the regulations, is taken to be part of a registered, non-commercial exchange of scientific specimens between scientific organisations.
(4)
Subsection (1) does not apply if the Minister issues a certificate under subsection (5) in relation to the specimen.

Chapter 5 Conservation of biodiversity and heritage Part 13A International movement of wildlife specimens Division 2 CITES species

Section 303CD

(5)
If the Minister is satisfied that a specimen was acquired before the provisions of CITES applied to the specimen, the Minister may issue a certificate to that effect.
(6)
Subsection (1) does not apply if the export of the specimen is an export that, under the regulations, is taken to be an export of a personal or household effect.

Note 1: See paragraph 3 of Article VII of CITES.

Note 2: The defendant bears an evidential burden in relation to the matters in subsections (2), (3), (4) and (6) (see subsection 13.3(3) of the Criminal Code).

303CD Imports of CITES specimens

(1) A person is guilty of an offence if:

(a)
the person imports a specimen; and
(b)
the specimen is a CITES specimen.

Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.

Authorised import—permit

(2) Subsection (1) does not apply if the specimen is imported in accordance with a permit that was issued under section 303CG, 303GB or 303GC and is in force.

Authorised import—CITES exemptions

(3) Subsection (1) does not apply if the import of the specimen is an import that, under the regulations, is taken to be an import of a personal or household effect.

Note: See paragraph 3 of Article VII of CITES.

(4) Subsection (1) does not apply if:

(a)
the specimen is a CITES II specimen; and
(b)
the specimen is not a live specimen; and
(c)
the specimen belongs to a species that is not specified in the regulations; and
(d)
in a case where a quantitative limit is applicable to the specimen under a notation in the list referred to in

Conservation of biodiversity and heritage Chapter 5 International movement of wildlife specimens Part 13A CITES species Division 2

section 303CA—the quantity of the specimen does not exceed that limit; and

(e)
the specimen is within the personal baggage of a person entering Australia or an external Territory; and
(f)
the specimen is not intended for sale or for any other commercial purpose; and
(g)
both:
(i)
the country from which the specimen is proposed to be imported has a relevant CITES authority; and
(ii)
permission to export the specimen from that country has been given by a relevant CITES authority of that country.
(5)
Subsection (1) does not apply if the import of the specimen is an import that, in accordance with a determination made by the Minister under the regulations, is taken to be part of a registered, non-commercial exchange of scientific specimens between scientific organisations.
(6)
Subsection (1) does not apply if:
(a)
the country from which the specimen is proposed to be imported has a relevant CITES authority; and
(b)
a relevant CITES authority of that country has issued a certificate under paragraph 2 of Article VII of CITES in respect of the specimen.

Note 1: Paragraph 2 of Article VII of CITES deals with a specimen that was acquired before the provisions of CITES applied to the specimen.

Note 2: The defendant bears an evidential burden in relation to the matters in subsections (2), (3), (4), (5) and (6) (see subsection 13.3(3) of the Criminal Code).

303CE Applications for permits

(1)
A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under section 303CG.
(2)
The application must be accompanied by the fee (if any) prescribed by the regulations.

Chapter 5 Conservation of biodiversity and heritage Part 13A International movement of wildlife specimens Division 2 CITES species

Section 303CF

303CF Further information

(1)
The Minister may, within 40 business days after the application is made, request the applicant to give the Minister, within the period specified in the request, further information for the purpose of enabling the Minister to deal with the application.
(2)
The Minister may refuse to consider the application until the applicant gives the Minister the information in accordance with the request.

303CG Minister may issue permits

(1)
The Minister may, on application made by a person under section 303CE, issue a permit to the person. This subsection has effect subject to subsection (3).
(2)
A permit authorises its holder to take the action or actions specified in the permit, in the permitted period, without breaching section 303CC, 303CD, 303DD or 303EK.

(2A) For the purpose of subsection (2), the permitted period is the period specified in the permit as the period during which the action or actions specified in the permit may be taken. The period so specified must start on the date of issue of the permit and end not later than 6 months after that date.

(3) The Minister must not issue a permit unless the Minister is satisfied that:

(a)
the action or actions specified in the permit will not be detrimental to, or contribute to trade which is detrimental to:
(i)
the survival of any taxon to which the specimen belongs; or
(ii)
the recovery in nature of any taxon to which the specimen belongs; or
(iii) any relevant ecosystem (for example, detriment to habitat or biodiversity); and
(b)
the specimen was not obtained in contravention of, and the action or actions specified in the permit would not involve the contravention of, any law of the Commonwealth, of a State or of a Territory; and

Conservation of biodiversity and heritage Chapter 5 International movement of wildlife specimens Part 13A CITES species Division 2

(c)
if the specimen is a live specimen that belongs to a taxon specified in the regulations—the conditions that, under the regulations, are applicable to the welfare of the specimen have been, or are likely to be, complied with; and
(d)
if any restriction or condition is applicable to the specimen under a notation in the list referred to in section 303CA—that restriction or condition has been, or is likely to be, complied with; and
(e)
if the permit authorises the export of a CITES specimen:
(i)
the proposed export would be an eligible non-commercial purpose export (within the meaning of section 303FA); or
(ii)
the relevant conditions set out in the table in section 303CH have been met; and
(f)
if the permit authorises the import of a CITES specimen:
(i)
the proposed import would be an eligible non-commercial purpose import (within the meaning of section 303FB); or
(ii)
the relevant conditions set out in the table in section 303CH have been met; and
(g)
if:
(i)
the permit authorises the import of a CITES II specimen; and
(ii)
the proposed import would be an eligible non-commercial purpose import (within the meaning of section 303FB);

the country from which the specimen is proposed to be imported has a relevant CITES authority and permission to export the specimen from that country has been given by a relevant CITES authority of that country; and

(h)
if the permit authorises the export of a CITES specimen that is a regulated native specimen—the conditions set out in subsection 303DG(4) have been met; and
(i)
if the permit authorises the import of a CITES specimen that is a regulated live specimen—the conditions set out in subsection 303EN(3) have been met.

Chapter 5 Conservation of biodiversity and heritage Part 13A International movement of wildlife specimens Division 2 CITES species

Section 303CH

(4)
Subsection (3) does not apply in relation to a permit to export from Australia or an external Territory a specimen (other than a live animal) that has been imported into Australia or that Territory, as the case may be.
(5)
The Minister must not issue a permit to export a specimen (other than a live animal) that has been imported into Australia or an external Territory, unless the Minister is satisfied that:
(a)
the specimen was lawfully imported (section 303GY); and
(b)
if the specimen is a CITES I specimen:
(i)
the country to which the specimen is proposed to be exported has a relevant CITES authority; and
(ii)
permission to import that specimen into that country has been given by a relevant CITES authority of that country.
(6)
This section has effect subject to section 303GA.

Note: Section 303GA deals with controlled actions, and actions for which a non-Part 13A permit is required.

303CH Specific conditions relating to the export or import of CITES specimens for commercial purposes

(1) The following table sets out the conditions mentioned in paragraphs 303CG(3)(e) and (f):

Specific conditions
Item Category of specimen Action Specific conditions
1 CITES I Import (a) the proposed import would be an import from an approved CITES-registered captive breeding program in accordance with section 303FK; or
(b) the specimen is, or is derived from, a plant that was artificially propagated (section 527C).

Conservation of biodiversity and heritage Chapter 5 International movement of wildlife specimens Part 13A CITES species Division 2

Specific conditions
Item Category of Action Specific conditions
specimen
2 CITES I Export (a) the specimen is not a live native mammal, a
live native amphibian, a live native reptile or a
live native bird; and
(b) the country to which the specimen is proposed
to be exported has a relevant CITES authority,
and permission to import that specimen into
that country has been given by a relevant
CITES authority of that country; and
(c) the proposed export would be an export from:
(i) an approved CITES-registered captive
breeding program in accordance with
section 303FK; or
(ii) an approved artificial propagation
program in accordance with
section 303FL.
3 CITES II Import (a) for any specimen—the country from which the
specimen is proposed to be imported has a
relevant CITES authority and permission to
export the specimen from that country has
been given by a relevant CITES authority of
that country; and
(b) for a specimen that:
(i) is specified by the Minister in a notice
published in the Gazette to be a
declared specimen; and
(ii) is not, or is not derived from, an animal
that was bred in captivity
(section 527B); and
(iii) is not, or is not derived from, a plant
that was artificially propagated
(section 527C);
the proposed import of the specimen would be
an import from an approved commercial
import program in accordance with
section 303FU.

Chapter 5 Conservation of biodiversity and heritage Part 13A International movement of wildlife specimens Division 2 CITES species

Section 303CH

Specific conditions
Item Category of Action Specific conditions
specimen
4 CITES II Export (a) the specimen is not a live native mammal, a
live native amphibian, a live native reptile or a
live native bird; and
(b) the proposed export of the specimen would be:
(i) an export from an approved captive
breeding program in accordance with
section 303FK; or
(ii) an export from an approved artificial
propagation program in accordance
with section 303FL; or
(iia) an export from an approved
cultivation program in accordance with
section 303FLA; or
(iii) an export in accordance with an
approved wildlife trade operation
(section 303FN); or
(iv) an export in accordance with an
approved wildlife trade management
plan (section 303FO).
5 CITES III Import The country from which the specimen is proposed
to be imported has a relevant CITES authority,
and permission to export the specimen from that
country has been given by a relevant CITES
authority of that country.

Conservation of biodiversity and heritage Chapter 5 International movement of wildlife specimens Part 13A CITES species Division 2

Specific conditions
Item Category of Action Specific conditions
specimen
6 CITES III Export (a) the specimen is not a live native mammal, a live native amphibian, a live native reptile or a
live native bird; and
(b) the proposed export of the specimen would be:
(i) an export from an approved captive
breeding program in accordance with
section 303FK; or
(ii) an export from an approved artificial
propagation program in accordance
with section 303FL; or
(iia) an export from an approved
cultivation program in accordance with
section 303FLA; or
(iii) an export in accordance with an
approved wildlife trade operation
(section 303FN); or
(iv) an export in accordance with an
approved wildlife trade management
plan (section 303FO).

(2) A notice made under subparagraph (b)(i) of item 3 in the table in subsection (1) is not a legislative instrument.

303CI Time limit for making permit decision

If an application for a permit is made under section 303CE, the Minister must either issue, or refuse to issue, the permit within 40 business days after whichever is the latest of the following days:

(a)
the day on which the application is made;
(b)
if a request for further information in relation to the application is made under section 303CF—the day on which the applicant complies with the request;
(c)
if section 303GA applies to the application—the day that is applicable under subsection 303GA(2).

Chapter 5 Conservation of biodiversity and heritage Part 13A International movement of wildlife specimens Division 2 CITES species

Section 303CJ

303CJ Duration of permits

A permit under section 303CG:

(a)
comes into force on the date on which it is issued; and
(b)
unless it is sooner cancelled, remains in force until all of the following periods have ended:
(i)
the permitted period (within the meaning of subsection 303CG(2A));
(ii)
each period for which one or more conditions of the permit are expressed to apply.

303CK Register of applications and decisions

(1)
As soon as practicable after the commencement of this section, the Minister must cause to be established a register that sets out:
(a)
prescribed particulars of applications made under section 303CE after the establishment of the register; and
(b)
prescribed particulars of decisions made by the Minister under section 303CG after the establishment of the register.
(2)
The register may be maintained by electronic means.
(3)
The register is to be made available for inspection on the internet.

Subdivision C—Application of CITES

303CL Application of CITES—Management Authority and Scientific Authority

For the purposes of the application of CITES to Australia:

(a)
the Minister is the Management Authority; and
(b)
the Secretary is the Scientific Authority.

303CM Interpretation of CITES provisions

(1) Except so far as the contrary intention appears, an expression that:

(a)
is used in the CITES provisions without definition; and
(b)
is used in CITES (whether or not it is defined in, or a

particular meaning is assigned to it by, CITES); has, in the CITES provisions, the same meaning as it has in CITES.

Conservation of biodiversity and heritage Chapter 5 International movement of wildlife specimens Part 13A CITES species Division 2

(2) For the purposes of subsection (1), the CITES provisions consist of:

(a)
this Division; and
(b)
any other provision of this Act in so far as that other provision relates to, or to permits under, this Division.

303CN Resolutions of the Conference of the Parties to CITES

(1)
In making a decision under this Part in relation to a CITES specimen, the Minister may have regard to a relevant resolution of the Conference of the Parties under Article XI of CITES.
(2)
Subsection (1) applies to a resolution, whether made before or after the commencement of this section.

Chapter 5 Conservation of biodiversity and heritage Part 13A International movement of wildlife specimens Division 3 Exports of regulated native specimens

Section 303DA

Division 3—Exports of regulated native specimens

Subdivision A—Regulated native specimens

303DA Regulated native specimens

For the purposes of this Act, a regulated native specimen is a specimen that:

(a)
is, or is derived from, a native animal or a native plant; and
(b)
is not included in the list referred to in section 303DB.

303DB Listing of exempt native specimens

(1)
The Minister must, by instrument published in the Gazette, establish a list of exempt native specimens.
(2)
For each specimen included in the list, there is to be a notation that states whether the inclusion of the specimen in the list is subject to restrictions or conditions and, if so, the nature of those restrictions or conditions.
(3)
A restriction or condition mentioned in subsection (2) may:
(a)
consist of a quantitative limit in relation to the export of the specimen; or
(b)
relate to the circumstances of the export of the specimen; or
(c)
relate to the source of the specimen; or
(d)
relate to the circumstances in which the specimen was taken or, if the specimen is derived from another specimen that was taken, the circumstances in which the other specimen was taken; or
(e)
relate to an expiry date for the inclusion of the specimen on the list.
(4)
Subsection (3) does not limit subsection (2).
(5)
The list, as first established, must:

(a) contain the specimens referred to in Part I of Schedule 4 to the Wildlife Protection (Regulation of Exports and Imports) Act 1982, as in force immediately before the commencement of this section; and

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(b) reflect the restrictions and conditions that are applicable to the inclusion of those specimens in that Part of that Schedule.

(6) The list must not include a specimen that belongs to an eligible listed threatened species unless:

(a) the Minister is satisfied that the export of the specimen will not:

(i)
adversely affect the conservation status of the species concerned; and
(ii)
be inconsistent with any recovery plan or wildlife conservation plan for that species; and

(aa) the Minister has had regard to any approved conservation advice for that species; and

(b) the inclusion of the specimen on the list is subject to a restriction or condition to the effect that:

(i)
the specimen must be, or be derived from, a plant that was artificially propagated (section 527C); and
(ii)
the specimen was propagated in an operation that has derived its stock in a way that did not breach a law of the Commonwealth, a State or a Territory.

(7) A copy of an instrument under subsection (1) is to be made available for inspection on the internet.

303DC Minister may amend list

(1) The Minister may, by instrument published in the Gazette, amend the list referred to in section 303DB by:

(a)
including items in the list; or
(b)
deleting items from the list; or
(c)
imposing a condition or restriction to which the inclusion of a specimen in the list is subject; or
(d)
varying or revoking a condition or restriction to which the inclusion of a specimen in the list is subject; or
(e)
correcting an inaccuracy or updating the name of a species.

(1A) In deciding whether to amend the list referred to in section 303DB to include a specimen derived from a commercial fishery, the Minister must rely primarily on the outcomes of any assessment in relation to the fishery carried out for the purposes of Division 1 or 2 of Part 10.

Chapter 5 Conservation of biodiversity and heritage Part 13A International movement of wildlife specimens Division 3 Exports of regulated native specimens

Section 303DD

(1B) Subsection (1A) does not apply to an amendment mentioned in paragraph (1)(e).

(1C) Subsection (1A) does not limit the matters that may be taken into account in deciding whether to amend the list referred to in section 303DB to include a specimen derived from a commercial fishery.

(1D) In this section:

fishery has the same meaning as in section 303FN.

(2)
For the purposes of paragraph (1)(e), correcting an inaccuracy includes ensuring that the list complies with subsection 303DB(5).
(3)
Before amending the list referred to in section 303DB as mentioned in paragraph (1)(a), (b), (c) or (d) of this section, the Minister:
(a)
must consult such other Minister or Ministers as the Minister considers appropriate; and
(b)
must consult such other Minister or Ministers of each State and self-governing Territory as the Minister considers appropriate; and
(c)
may consult such other persons and organisations as the Minister considers appropriate.
(4)
An instrument under subsection (1) (other than an instrument mentioned in paragraph (1)(e)) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
(5)
A copy of an instrument under subsection (1) is to be made available for inspection on the internet.

Subdivision B—Offence and permit system

303DD Exports of regulated native specimens

(1) A person is guilty of an offence if:

(a)
the person exports a specimen; and
(b)
the specimen is a regulated native specimen.

Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.

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Exemption—permit

(2) Subsection (1) does not apply if the specimen is exported in accordance with a permit that was issued under section 303CG, 303DG, 303GB or 303GC and is in force.

Exemption—accredited wildlife trade management plan

(3) Subsection (1) does not apply if:

(a)
the export of the specimen would be an export in accordance with an accredited wildlife trade management plan (section 303FP); and
(b)
the specimen is not a live native mammal, a live native

reptile, a live native amphibian or a live native bird; and (ba) either:

(i)
the specimen is not a live terrestrial invertebrate, or a live freshwater fish, prescribed by the regulations for the purposes of this subparagraph; or
(ii)
the export is an export from an approved aquaculture program in accordance with section 303FM; and
(c)
the specimen is not a CITES specimen; and
(d)
the specimen does not belong to an eligible listed threatened species.

Exemption—exchange of scientific specimens

(4) Subsection (1) does not apply if the export of the specimen is an export that, in accordance with a determination made by the Minister under the regulations, is taken to be part of a registered, non-commercial exchange of scientific specimens between scientific organisations.

Note: The defendant bears an evidential burden in relation to the matters in subsections (2), (3) and (4) (see subsection 13.3(3) of the Criminal Code).

303DE Applications for permits

(1)
A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under section 303DG.
(2)
The application must be accompanied by the fee (if any) prescribed by the regulations.

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Section 303DF

303DF Further information

(1)
The Minister may, within 40 business days after the application is made, request the applicant to give the Minister, within the period specified in the request, further information for the purpose of enabling the Minister to deal with the application.
(2)
The Minister may refuse to consider the application until the applicant gives the Minister the information in accordance with the request.

303DG Minister may issue permits

(1)
The Minister may, on application made by a person under section 303DE, issue a permit to the person. This subsection has effect subject to subsections (3) to (4A).
(2)
A permit authorises its holder to take the action or actions specified in the permit, in the permitted period, without breaching section 303DD.

(2A) For the purpose of subsection (2), the permitted period is the period specified in the permit as the period during which the action or actions specified in the permit may be taken. The period so specified must start on the date of issue of the permit and end not later than 3 years after that date.

(3) The Minister must not issue a permit authorising the export of a live native mammal, a live native reptile, a live native amphibian or a live native bird unless the Minister is satisfied that the proposed export would be an eligible non-commercial purpose export (within the meaning of section 303FA).

(3A) The Minister must not issue a permit authorising the export of a live terrestrial invertebrate, or a live freshwater fish, prescribed by the regulations for the purposes of paragraph 303DD(3)(ba) unless the Minister is satisfied that:

(a)
the proposed export would be an eligible non-commercial purpose export (within the meaning of section 303FA); or
(b)
the proposed export would be an export from an approved aquaculture program in accordance with section 303FM.

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(4) The Minister must not issue a permit unless the Minister is satisfied that:

(a)
the export of the specimen will not be detrimental to, or contribute to trade which is detrimental to:
(i)
the survival of any taxon to which the specimen belongs; or
(ii)
any relevant ecosystem (for example, detriment to habitat or biodiversity); and
(b)
if the specimen is a live specimen that belongs to a taxon specified in the regulations—the conditions that, under the regulations, are applicable to the welfare of the specimen have been, or are likely to be, complied with; and
(c)
the specimen was not obtained in contravention of, and the export would not involve the contravention of, any law of the Commonwealth, of a State or of a Territory; and
(d)
if the specimen belongs to an eligible listed threatened species—the export of the specimen is covered by subsection (7) or (8), and the export would not be inconsistent with any recovery plan for that species; and
(e)
if the specimen does not belong to an eligible listed threatened species:
(i)
the proposed export would be an eligible non-commercial purpose export (within the meaning of section 303FA); or
(ii)
the proposed export would be an eligible commercial purpose export (within the meaning of section 303FJ).

(4A) If the Minister is considering whether to issue a permit relating to a specimen that belongs to a particular eligible listed threatened species, the Minister must, in deciding whether to issue the permit, have regard to any approved conservation advice for the species.

(5)
Subsection (4) does not apply in relation to a permit to export from Australia or an external Territory a specimen (other than a live animal) that has been imported into Australia or that Territory, as the case may be.
(6)
The Minister must not issue a permit to export from Australia or an external Territory a specimen (other than a live animal) that has been imported into Australia or that Territory, as the case may be,

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Section 303DG

unless the Minister is satisfied that the specimen was lawfully imported (section 303GY).

Eligible listed threatened species

(7) This subsection covers the export of a specimen if:

(a)
the export of the specimen would be an export from an approved captive breeding program in accordance with section 303FK; or
(b)
the export of the specimen would be an export from an approved artificial propagation program in accordance with section 303FL; or

(ba) the export of the specimen would be an export from an approved cultivation program in accordance with section 303FLA; or

(c) the export of the specimen would be an export from an approved aquaculture program in accordance with section 303FM;

and the export of the specimen will not adversely affect the conservation status of the species concerned.

Note: See also subsection (3).

(8) This subsection covers the export of a specimen if:

(a)
the export of the specimen would be an export for the purposes of research in accordance with section 303FC; or
(b)
the export of the specimen would be an export for the purposes of education in accordance with section 303FD; or
(c)
the export of the specimen would be an export for the purposes of exhibition in accordance with section 303FE; or
(d)
the export of the specimen would be an export for the purposes of conservation breeding or propagation in accordance with section 303FF.

Section has effect subject to section 303GA

(9) This section has effect subject to section 303GA.

Note: Section 303GA deals with controlled actions, and actions for which a non-Part 13A permit is required.

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303DH Time limit for making permit decision

If an application for a permit is made under section 303DE, the Minister must either issue, or refuse to issue, the permit within 40 business days after whichever is the latest of the following days:

(a)
the day on which the application is made;
(b)
if a request for further information in relation to the application is made under section 303DF—the day on which the applicant complies with the request;
(c)
if section 303GA applies to the application—the day that is applicable under subsection 303GA(2).

303DI Duration of permits

A permit under section 303DG:

(a)
comes into force on the date on which it is issued; and
(b)
unless it is sooner cancelled, remains in force until all of the following periods have ended:
(i)
the permitted period (within the meaning of subsection 303DG(2A));
(ii)
each period for which one or more conditions of the permit are expressed to apply.

303DJ Register of applications and decisions

(1)
As soon as practicable after the commencement of this section, the Minister must cause to be established a register that sets out:
(a)
prescribed particulars of applications made under section 303DE after the establishment of the register; and
(b)
prescribed particulars of decisions made by the Minister under section 303DG after the establishment of the register.
(2)
The register may be maintained by electronic means.
(3)
The register is to be made available for inspection on the internet.

Chapter 5 Conservation of biodiversity and heritage Part 13A International movement of wildlife specimens Division 4 Imports of regulated live specimens

Section 303EA

Division 4—Imports of regulated live specimens

Subdivision A—Regulated live specimens

303EA Regulated live specimens

For the purposes of this Act, a regulated live specimen is a specimen that:

(a)
is a live animal or a live plant; and
(b)
is not included in Part 1 of the list referred to in section 303EB.

303EB Listing of specimens suitable for live import

(1)
The Minister must, by instrument published in the Gazette, establish a list of specimens that are taken to be suitable for live import.
(2)
The list is to be divided into 2 Parts, as follows:
(a)
Part 1 is to be a list of unregulated specimens;
(b)
Part 2 is to be a list of allowable regulated specimens.
(3)
The list may only contain specimens that are live animals or live plants.
(4)
Part 1 of the list, as first established, must contain only the specimens referred to in Part I of Schedule 5 or Part I of Schedule 6 to the Wildlife Protection (Regulation of Exports and Imports) Act 1982, as in force immediately before the commencement of this section.
(5)
Part 1 of the list must not contain a CITES specimen.
(6)
Part 1 of the list is taken to include a live plant the introduction of which into Australia is in accordance with the Quarantine Act 1908.
(7)
For each specimen included in Part 2 of the list (except a specimen referred to in subsection (11A)), there is to be a notation that states whether the inclusion of the specimen in that part of the list is subject to restrictions or conditions and, if so, the nature of those restrictions or conditions.

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(8)
A restriction or condition referred to in subsection (7) may:
(a)
consist of a quantitative limit in relation to the import of the specimen; or
(b)
relate to the circumstances of the import of the specimen; or
(c)
relate to the source of the specimen; or
(d)
relate to the circumstances in which the specimen was taken.
(9)
Subsection (8) does not limit subsection (7).
(10)
Part 2 of the list, as first established, must contain only specimens that were, at any time before the commencement of this section, the subject of an import permit granted under the Wildlife Protection (Regulation of Exports and Imports) Act 1982.
(11)
For the purposes of subsection (10), a specimen is taken to have been the subject of an import permit if, and only if, the specimen was identified in the permit at the species or sub-species level.

(11A) Part 2 of the list is taken to include a live plant that:

(a)
is a CITES specimen; and
(b)
is introduced into Australia in accordance with the Quarantine Act 1908.

(12) A copy of an instrument under subsection (1) is to be made available for inspection on the internet.

303EC Minister may amend list

(1)
The Minister may, by instrument published in the Gazette, amend the list referred to in section 303EB by:
(a)
including items in a particular part of the list; or
(b)
deleting items from a particular part of the list; or
(c)
correcting an inaccuracy or updating the name of a species; or
(d)
imposing a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject; or
(e)
varying or revoking a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject.
(2)
For the purposes of paragraph (1)(c), correcting an inaccuracy includes ensuring that the list complies with subsections 303EB(4) and (10).

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Section 303ED

(3)
Before amending the list referred to in section 303EB as mentioned in paragraph (1)(a), (b), (d) or (e) of this section, the Minister:
(a)
must consult such other Minister or Ministers as the Minister considers appropriate; and
(b)
must consult such other Minister or Ministers of each State and self-governing Territory as the Minister considers appropriate; and
(c)
may consult such other persons and organisations as the Minister considers appropriate.
(4)
An instrument under subsection (1) (other than an instrument mentioned in paragraph (1)(c)) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
(5)
The Minister must not amend the list referred to in section 303EB by including an item in the list, unless:
(a)
the amendment is made following consideration of a relevant report under section 303ED or 303EE; or
(b)
the amendment is made following consideration of a relevant review under section 303EJ.
(6)
A copy of an instrument under subsection (1) is to be made available for inspection on the internet.

Subdivision B—Assessments relating to the amendment of the list of specimens suitable for import

303ED Amendment of list on the Minister’s own initiative

(1)
The Minister may formulate a proposal for the list referred to in section 303EB to be amended by including an item.
(2)
Unless subsection (3) applies, the Minister must:
(a)
cause to be conducted an assessment of the potential impacts on the environment of the proposed amendment; and
(b)
cause to be prepared a report on those impacts.

The report must be prepared in accordance with section 303EF and be given to the Minister.

(3) This subsection applies if:

(a) Biosecurity Australia has prepared a report (whether before or after the amendment was proposed) on the potential

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impacts on the environment if the specimen were to be imported; and

(b)
the report is of a type specified in regulations made for the purposes of this paragraph; and
(c)
the report is given to the Minister; and
(d)
the Minister determines that subsection (2) does not apply to the proposed amendment.

(4) A determination made under paragraph (3)(d) is not a legislative instrument.

303EE Application for amendment of list

(1)
A person may, in accordance with the regulations, apply to the Minister for the list referred to in section 303EB to be amended by including an item.
(2)
The Minister must not consider the application unless either subsection (3) or (4) applies to the proposed amendment.
(3)
This subsection applies to the proposed amendment if:
(a)
subsection (4) does not apply to the proposed amendment; and
(b)
an assessment is made of the potential impacts on the environment of the proposed amendment; and
(c)
a report on those impacts is given to the Minister. The report must be prepared in accordance with section 303EF.
(4)
This subsection applies to the proposed amendment if:
(a)
Biosecurity Australia has prepared a report (whether before or after the amendment was proposed) on the potential impacts on the environment if the specimen were to be imported; and
(b)
the report is of a type specified in regulations made for the purposes of this paragraph; and
(c)
the report has been given to the Minister; and
(d)
the Minister determines that subsection (3) does not apply to the proposed amendment.
(5)
A determination made under paragraph (4)(d) is not a legislative instrument.

Chapter 5 Conservation of biodiversity and heritage Part 13A International movement of wildlife specimens Division 4 Imports of regulated live specimens

Section 303EF

303EF Requirement for assessments

(1)
The assessment under subsection 303ED(2) or 303EE(3) must provide for:
(a)
if the Minister determines that this paragraph applies—the preparation of terms of reference for a report on the relevant impacts; or
(b)
if the Minister determines that this paragraph applies—all of the following:
(i)
the preparation of draft terms of reference for a report on the relevant impacts;
(ii)
the publication of the draft terms of reference for public comment for a period of at least 10 business days that is specified by the Minister;
(iii) the finalisation of the terms of reference, to the Minister’s satisfaction, taking into account the comments (if any) received on the draft terms of reference.
(2)
The assessment must also provide for:
(a)
the preparation of a draft of a report on the relevant impacts; and
(b)
the publication of the draft report for public comment for a period of at least 20 business days that is specified by the Minister; and
(c)
the finalisation of the report, taking into account the comments (if any) received after publication of the draft report; and
(d)
any other matter prescribed by the regulations.
(3)
A determination made under paragraph (1)(a) or (b) is not a legislative instrument.

303EG Timing of decision about proposed amendment

(1) If the Minister receives a report under section 303ED or 303EE in relation to a proposed amendment, the Minister must decide whether or not to make the proposed amendment within:

(a)
30 business days; or
(b)
if the Minister, by writing, specifies a longer period—that longer period;

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after the first business day after the day on which the report was received.

Notice of extension of time

(2) If the Minister specifies a longer period for the purposes of subsection (1), he or she must:

(a)
if section 303EE applies—give a copy of the specification to the applicant; and
(b)
publish the specification in accordance with the regulations.

303EH Requesting further information

(1) If:

(a)
section 303EE applies; and
(b)
the Minister believes on reasonable grounds that he or she does not have enough information to make an informed decision whether or not to make the proposed amendment;

the Minister may request the applicant to give the Minister, within the period specified in the request, information relevant to making the decision.

(2) The Minister may refuse to consider the application until the applicant gives the Minister the information in accordance with the request.

303EI Notice of refusal of proposed amendment

If section 303EE applies and the Minister refuses to make the proposed amendment, the Minister must give the applicant notice of the refusal.

303EJ Reviews

If, following consideration of a relevant report under section 303ED or 303EE, the Minister has made a decision to include, or refusing to include, an item in the list referred to in section 303EB, the Minister may review that decision at any time during the period of 5 years after the decision was made.

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Section 303EK

Subdivision C—Offence and permit system

303EK Imports of regulated live specimens

(1) A person is guilty of an offence if:

(a)
the person imports a specimen; and
(b)
the specimen is a regulated live specimen.

Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.

Exemption—permit

(2) Subsection (1) does not apply if:

(a)
the specimen is included in Part 2 of the list referred to in section 303EB; and
(b)
the specimen is imported in accordance with a permit that was issued under section 303CG, 303EN, 303GB or 303GC and is in force.

Exemption—testing permit

(3) Subsection (1) does not apply if the specimen is imported in accordance with a permit that was issued under section 303GD and is in force.

Note: The defendant bears an evidential burden in relation to the matters in subsections (2) and (3) (see subsection 13.3(3) of the Criminal Code).

303EL Applications for permits

(1)
A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under section 303EN.
(2)
The application must be accompanied by the fee (if any) prescribed by the regulations.

303EM Further information

(1) The Minister may, within 40 business days after the application is made, request the applicant to give the Minister, within the period specified in the request, further information for the purpose of enabling the Minister to deal with the application.

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(2) The Minister may refuse to consider the application until the applicant gives the Minister the information in accordance with the request.

303EN Minister may issue permits

(1)
The Minister may, on application made by a person under section 303EL, issue a permit to the person. This subsection has effect subject to subsection (3).
(2)
A permit authorises its holder to take the action or actions specified in the permit, in the permitted period, without breaching section 303EK.

(2A) For the purpose of subsection (2), the permitted period is the period specified in the permit as the period during which the action or actions specified in the permit may be taken. The period so specified must start on the date of issue of the permit and end not later than 3 years after that date.

(3) The Minister must not issue a permit unless the Minister is satisfied that:

(a)
the proposed import would not be:
(i)
likely to threaten the conservation status of a species or ecological community; or
(ii)
likely to threaten biodiversity; and
(b)
the specimen is included in Part 2 of the list referred to in section 303EB; and
(c)
if any restriction or condition is applicable to the specimen under a notation in Part 2 of the list referred to in section 303EB—that restriction or condition has been, or is likely to be, complied with; and
(d)
the specimen was not obtained in contravention of, and the import would not involve the contravention of, any law of the Commonwealth, of a State or of a Territory; and
(e)
if the specimen belongs to a taxon specified in the regulations—the conditions that, under the regulations, are applicable to the welfare of the specimen have been, or are likely to be, complied with.

Chapter 5 Conservation of biodiversity and heritage Part 13A International movement of wildlife specimens Division 4 Imports of regulated live specimens

Section 303EO

(4) This section has effect subject to section 303GA.

Note: Section 303GA deals with controlled actions, and actions for which a non-Part 13A permit is required.

303EO Time limit for making permit decision

If an application for a permit is made under section 303EL, the Minister must either issue, or refuse to issue, the permit within 40 business days after whichever is the latest of the following days:

(a)
the day on which the application is made;
(b)
if a request for further information in relation to the application is made under section 303EM—the day on which the applicant complies with the request;
(c)
if section 303GA applies to the application—the day that is applicable under subsection 303GA(2).

303EP Duration of permits

A permit under section 303EN:

(a)
comes into force on the date on which it is issued; and
(b)
unless it is sooner cancelled, remains in force until all of the following periods have ended:
(i)
the permitted period (within the meaning of subsection 303EN(2A));
(ii)
each period for which one or more conditions of the permit are expressed to apply.

303EQ Register of applications and decisions

(1)
As soon as practicable after the commencement of this section, the Minister must cause to be established a register that sets out:
(a)
prescribed particulars of applications made under section 303EL after the establishment of the register; and
(b)
prescribed particulars of decisions made by the Minister under section 303EN after the establishment of the register.
(2)
The register may be maintained by electronic means.
(3)
The register is to be made available for inspection on the internet.

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Subdivision D—Marking of certain specimens for the purposes of identification

303ER Object

The object of this Subdivision is:

(a)
to comply with Australia’s obligations under:
(i)
the Biodiversity Convention; and
(ii)
CITES; and
(b)
otherwise to further the protection and conservation of the

wild fauna and flora of Australia and of other countries; by requiring the marking of certain live specimens for the purposes of identification.

Note: See Article 8 of the Biodiversity Convention.

303ES Specimens to which Subdivision applies

This Subdivision applies to a regulated live specimen if:

(a)
the specimen has been imported in accordance with:
(i)
a permit under this Division; or
(ii)
a permit or authority under the Wildlife Protection (Regulation of Exports and Imports) Act 1982; or
(b)
the specimen is the progeny of a specimen referred to in paragraph (a).

303ET Extended meaning of marking

A reference in this Subdivision to the marking of a specimen includes a reference to the following:

(a)
in the case of a live plant:
(i)
the marking or labelling of a container in which the plant is kept or in which the plant is growing; and
(ii)
the placement of a label or tag on the plant;
(b)
in the case of a live animal:
(i)
the implantation of a scannable device in the animal; and
(ii)
the placement of a band on any part of the animal; and

(iii) the placement (whether by piercing or otherwise) of a tag or ring on any part of the animal; and

Chapter 5 Conservation of biodiversity and heritage Part 13A International movement of wildlife specimens Division 4 Imports of regulated live specimens

Section 303EU

(iv) the marking or labelling of a container within which the animal is kept.

303EU Secretary may make determinations about marking of specimens

Determinations

(1) The Secretary may make a written determination about the marking of specified kinds of specimens for the purposes of identification.

Matters that may be covered by determination

(2) Without limiting subsection (1), a determination by the Secretary under that subsection may:

(a)
require specimens to be marked; and
(b)
deal with the manner in which specimens are to be marked; and
(c)
deal with the times at which marking is to occur; and
(d)
deal with the removal or destruction of marks; and
(e)
deal with the replacement or modification of marks; and
(f)
require that marking be carried out by persons approved in writing by the Secretary under that determination; and
(g)
deal with the circumstances in which marks may be, or are required to be, rendered useless; and
(h)
in the case of a mark that consists of a label, tag, band or device:
(i)
set out specifications relating to the label, tag, band or device; and
(ii)
require that any destruction or removal of the label, tag, band or device be carried out by a person approved in writing by the Secretary under that determination.

Marking of animals not to involve undue pain etc.

(3) In the case of a live animal, a determination under subsection (1) must not require marking that involves:

(a)
undue pain or distress to the animal; or
(b)
undue risk of the death of the animal.

Conservation of biodiversity and heritage Chapter 5 International movement of wildlife specimens Part 13A Imports of regulated live specimens Division 4

Marking of plants not to involve undue risk of death

(4) In the case of a live plant, a determination under subsection (1) must not require marking that involves undue risk of the death of the plant.

Disallowable instrument

(5) A determination under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

303EV Offences

Owner to ensure specimens marked etc.

(1) If a determination under section 303EU applies to a specimen, the owner of the specimen must comply with the determination.

Person not to remove or interfere with mark etc.

(2) A person contravenes this subsection if:

(a)
a specimen is marked in accordance with a determination under section 303EU; and
(b)
the person engages in conduct; and
(c)
the conduct causes the removal of the mark or interference with the mark, or renders the mark unusable.

Offence

(3)
A person who contravenes subsection (1) or (2) is guilty of an offence punishable on conviction by a fine not exceeding 120 penalty units.
(4)
Subsection (2) does not apply if the person engages in the conduct in accordance with a determination under section 303EU.

Note: The defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3) of the Criminal Code.

(5) In subsections (1) and (2), strict liability applies to the circumstance that a determination was made under section 303EU.

Note: For strict liability, see section 6.1 of the Criminal Code.

Chapter 5 Conservation of biodiversity and heritage Part 13A International movement of wildlife specimens Division 4 Imports of regulated live specimens

Section 303EW

303EW This Subdivision does not limit conditions of permits

This Subdivision does not limit section 303GE (which deals with conditions of permits).

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Division 5—Concepts relating to permit criteria

Subdivision A—Non-commercial purpose exports and imports

303FA Eligible non-commercial purpose exports

For the purposes of this Part, the export of a specimen is an eligible non-commercial purpose export if, and only if:

(a)
the export of the specimen would be an export for the purposes of research in accordance with section 303FC; or
(b)
the export of the specimen would be an export for the purposes of education in accordance with section 303FD; or
(c)
the export of the specimen would be an export for the purposes of exhibition in accordance with section 303FE; or
(d)
the export of the specimen would be an export for the purposes of conservation breeding or propagation in accordance with section 303FF; or
(e)
the export of the specimen would be an export of a household pet in accordance with section 303FG; or
(f)
the export of the specimen would be an export of a personal item in accordance with section 303FH; or
(g)
the export of a specimen would be an export for the purposes of a travelling exhibition in accordance with section 303FI.

303FB Eligible non-commercial purpose imports

For the purposes of this Part, the import of a specimen is an eligible non-commercial purpose import if, and only if:

(a)
the import of the specimen would be an import for the purposes of research in accordance with section 303FC; or
(b)
the import of the specimen would be an import for the purposes of education in accordance with section 303FD; or
(c)
the import of the specimen would be an import for the purposes of exhibition in accordance with section 303FE; or
(d)
the import of the specimen would be an import for the purposes of conservation breeding or propagation in accordance with section 303FF; or
(e)
the import of the specimen would be an import of a household pet in accordance with section 303FG; or

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Section 303FC

(f)
the import of the specimen would be an import of a personal item in accordance with section 303FH; or
(g)
the import of a specimen would be an import for the purposes of a travelling exhibition in accordance with section 303FI.

303FC Export or import for the purposes of research

(1)
The export of a specimen is an export for the purposes of research in accordance with this section if:
(a)
the specimen will be used for the purpose of scientific research; and
(b)
the objects of the research are covered by any or all of the following subparagraphs:
(i)
the acquisition of a better understanding, and/or increased knowledge, of a taxon to which the specimen belongs;
(ii)
the conservation of biodiversity;
(iii) the maintenance and/or improvement of human health; and
(c)
the export is not primarily for commercial purposes; and
(d)
such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
(2)
The import of a specimen is an import for the purposes of research in accordance with this section if:
(a)
the specimen will be used for the purpose of scientific research; and
(b)
the objects of the research are covered by any or all of the following subparagraphs:
(i)
the acquisition of a better understanding, and/or increased knowledge, of a taxon to which the specimen belongs;
(ii)
the conservation of biodiversity;
(iii) the maintenance and/or improvement of human health; and
(c)
the import is not primarily for commercial purposes; and
(d)
such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.

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303FD Export or import for the purposes of education

(1)
The export of a specimen is an export for the purposes of education in accordance with this section if:
(a)
the specimen will be used for the purpose of education or training; and
(b)
the export is not primarily for commercial purposes; and
(c)
such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
(2)
The import of a specimen is an import for the purposes of education in accordance with this section if:
(a)
the specimen will be used for the purpose of education or training; and
(b)
the import is not primarily for commercial purposes; and
(c)
such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.

303FE Export or import for the purposes of exhibition

(1)
The export of a specimen is an export for the purposes of exhibition in accordance with this section if:
(a)
the specimen will be used for the purpose of an exhibition; and
(b)
the export is not primarily for commercial purposes; and
(c)
such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
(2)
The import of a specimen is an import for the purposes of exhibition in accordance with this section if:
(a)
the specimen will be used for the purpose of an exhibition; and
(b)
the import is not primarily for commercial purposes; and
(c)
such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
(3)
In this section:

exhibition includes a zoo or menagerie.

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Section 303FF

303FF Export or import for conservation breeding or propagation

(1)
The export of a specimen is an export for the purposes of conservation breeding or propagation in accordance with this section if:
(a)
the specimen is a live animal or a live plant; and
(b)
the specimen is for use in a program the object of which is the establishment and/or maintenance of a breeding population; and
(c)
the program is a program that, under the regulations, is taken to be an approved co-operative conservation program; and
(d)
the export is not primarily for commercial purposes; and
(e)
such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
(2)
The import of a specimen is an import for the purposes of conservation breeding or propagation in accordance with this section if:
(a)
the specimen is a live animal or a live plant; and
(b)
the specimen is for use in a program the object of which is the establishment and/or maintenance of a breeding population; and
(c)
the program is a program that, under the regulations, is taken to be an approved co-operative conservation program; and
(d)
the import is not primarily for commercial purposes; and
(e)
such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.

303FG Export or import of household pets

Export of live native animals

(1) The export of a live native animal (other than a CITES specimen) is an export of a household pet in accordance with this section if:

(a)
the animal is included in the list referred to in subsection (4); and
(b)
the export is not primarily for commercial purposes; and
(c)
such other conditions as are specified in the regulations have been, or are likely to be, satisfied.

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Export of live CITES specimens

(2) The export of a CITES specimen is an export of a household pet in accordance with this section if:

(a)
the specimen is a live animal; and
(b)
if the animal is a native animal—the animal is included in the list referred to in subsection (4); and
(c)
the export is not primarily for commercial purposes; and
(d)
such other conditions as are specified in the regulations have been, or are likely to be, satisfied.

Import of live animals

(3) The import of a live animal is an import of a household pet in accordance with this section if:

(a)
the conditions specified in the regulations have been, or are likely to be, satisfied; and
(b)
the import is not primarily for commercial purposes; and
(c)
the animal is included in Part 2 of the list referred to in section 303EB.

Listing of native household pet animals

(4)
The Minister must, by instrument published in the Gazette, establish a list of native household pet animals.
(5)
The list, as first established, must contain the animals referred to in Schedule 7 to the Wildlife Protection (Regulation of Exports and Imports) Act 1982, as in force immediately before the commencement of this section.
(6)
The Minister may, by instrument in the Gazette, amend the list referred to in subsection (4) by:
(a)
including items in the list; or
(b)
deleting items from the list; or
(c)
correcting an inaccuracy or updating the name of a species.
(7)
An instrument under subsection (6) (other than an instrument mentioned in paragraph (6)(c)) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

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Section 303FH

303FH Export or import of personal items

(1)
The export of a specimen is an export of a personal item in accordance with this section if:
(a)
the specimen is not a live specimen; and
(b)
the export is not primarily for commercial purposes; and
(c)
the conditions specified in the regulations have been, or are likely to be, satisfied.
(2)
The import of a specimen is an import of a personal item in accordance with this section if:
(a)
the specimen is not a live specimen; and
(b)
the import is not primarily for commercial purposes; and
(c)
the conditions specified in the regulations have been, or are likely to be, satisfied.

303FI Export or import for the purposes of a travelling exhibition

(1)
The export of a specimen is an export for the purposes of a travelling exhibition in accordance with this section if:
(a)
the export is not primarily for commercial purposes; and
(b)
the conditions specified in the regulations have been, or are likely to be, satisfied.
(2)
The import of a specimen is an import for the purposes of a travelling exhibition in accordance with this section if:
(a)
the import is not primarily for commercial purposes; and
(b)
the conditions specified in the regulations have been, or are likely to be, satisfied.

Subdivision B—Commercial purpose exports and imports

303FJ Eligible commercial purpose exports

For the purposes of this Part, the export of a specimen is an eligible commercial purpose export if, and only if:

(a) the export of the specimen would be an export from an approved captive breeding program in accordance with section 303FK; or

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(b) the export of the specimen would be an export from an approved artificial propagation program in accordance with section 303FL; or

(ba) the export of the specimen would be an export from an approved cultivation program in accordance with section 303FLA; or

(c)
the export of the specimen would be an export from an approved aquaculture program in accordance with section 303FM; or
(d)
the export of the specimen would be an export in accordance with an approved wildlife trade operation (section 303FN); or
(e)
the export of the specimen would be an export in accordance with an approved wildlife trade management plan (section 303FO).

Note: See also subsection 303DD(3), which deals with accredited wildlife trade management plans.

303FK Export or import from an approved captive breeding program

(1)
The export of a specimen is an export from an approved captive breeding program in accordance with this section if the specimen was sourced from a program that, under the regulations, is taken to be an approved captive breeding program.
(2)
The export of a specimen is an export from an approved CITES-registered captive breeding program in accordance with this section if the specimen was sourced from a program that, under the regulations, is taken to be an approved CITES-registered captive breeding program.
(3)
The import of a specimen is an import from an approved CITES-registered captive breeding program in accordance with this section if the specimen was sourced from a program that, under the regulations, is taken to be an approved CITES-registered captive breeding program.

303FL Export from an approved artificial propagation program

The export of a specimen is an export from an approved artificial propagation program in accordance with this section if the

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Section 303FLA

specimen was sourced from a program that, under the regulations, is taken to be an approved artificial propagation program.

303FLA Export from an approved cultivation program

The export of a specimen is an export from an approved cultivation program in accordance with this section if the specimen was sourced from a program that, under the regulations, is taken to be an approved cultivation program.

303FM Export from an approved aquaculture program

The export of a specimen is an export from an approved aquaculture program in accordance with this section if the specimen was sourced from a program that, under the regulations, is taken to be an approved aquaculture program.

303FN Approved wildlife trade operation

(1)
The export of a specimen is an export in accordance with an approved wildlife trade operation if the specimen is, or is derived from, a specimen that was taken in accordance with a wildlife trade operation declared by a declaration in force under subsection (2) to be an approved wildlife trade operation.
(2)
The Minister may, by instrument published in the Gazette, declare that a specified wildlife trade operation is an approved wildlife trade operation for the purposes of this section.
(3)
The Minister must not declare an operation under subsection (2) unless the Minister is satisfied that:
(a)
the operation is consistent with the objects of this Part; and
(b)
the operation will not be detrimental to:
(i)
the survival of a taxon to which the operation relates; or
(ii)
the conservation status of a taxon to which the operation relates; and

(ba) the operation will not be likely to threaten any relevant ecosystem including (but not limited to) any habitat or biodiversity; and

(c) if the operation relates to the taking of live specimens that belong to a taxon specified in the regulations—the conditions

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that, under the regulations, are applicable to the welfare of the specimens are likely to be complied with; and

(d) such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.

(4)
In deciding whether to declare an operation under subsection (2), the Minister must have regard to:
(a)
the significance of the impact of the operation on an ecosystem (for example, an impact on habitat or biodiversity); and
(b)
the effectiveness of the management arrangements for the operation (including monitoring procedures).
(5)
In deciding whether to declare an operation under subsection (2), the Minister must have regard to:
(a)
whether legislation relating to the protection, conservation or management of the specimens to which the operation relates is in force in the State or Territory concerned; and
(b)
whether the legislation applies throughout the State or Territory concerned; and
(c)
whether, in the opinion of the Minister, the legislation is effective.
(6)
A declaration under subsection (2) ceases to be in force at the beginning of the third anniversary of the day on which the declaration took effect. However, this rule does not apply if a period of less than 3 years is specified in the declaration in accordance with subsection 303FT(4).
(7)
If a declaration ceases to be in force, this Act does not prevent the Minister from making a fresh declaration under subsection (2).
(8)
A fresh declaration may be made during the 90-day period before the time when the current declaration ceases to be in force.
(9)
A fresh declaration that is made during that 90-day period takes effect immediately after the end of that period.
(10)
For the purposes of this section, an operation is a wildlife trade operation if, and only if, the operation is an operation for the taking of specimens and:

(a) the operation is an operation that, under the regulations, is taken to be a market-testing operation; or

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Section 303FO

(b)
the operation is an operation that, under the regulations, is taken to be a small-scale operation; or
(c)
the operation is an operation that, under the regulations, is taken to be a developmental operation; or
(d)
the operation is a commercial fishery; or
(e)
the operation is an operation that, under the regulations, is taken to be a provisional operation; or
(f)
the operation is an operation of a kind specified in the regulations.

(10A) In deciding whether to declare that a commercial fishery is an approved wildlife trade operation for the purposes of this section, the Minister must rely primarily on the outcomes of any assessment in relation to the fishery carried out for the purposes of Division 1 or 2 of Part 10.

(10B) Subsection (10A) does not limit the matters that may be taken into account in deciding whether to declare that a fishery is an approved wildlife trade operation for the purposes of this section.

(11) In this section:

fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.

fishery means a class of activities by way of fishing, including

activities identified by reference to all or any of the following:

(a)
a species or type of fish;
(b)
a description of fish by reference to sex or any other characteristic;
(c)
an area of waters or of seabed;
(d)
a method of fishing;
(e)
a class of vessels;
(f)
a class of persons;
(g)
a purpose of activities.

303FO Approved wildlife trade management plan

(1) The export of a specimen is an export in accordance with an approved wildlife trade management plan if the specimen is, or is derived from, a specimen that was taken in accordance with a plan

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declared by a declaration in force under subsection (2) to be an approved wildlife trade management plan.

(2)
The Minister may, by instrument published in the Gazette, declare that a specified plan is an approved wildlife trade management plan for the purposes of this section.
(3)
The Minister must not declare a plan under subsection (2) unless the Minister is satisfied that:
(a)
the plan is consistent with the objects of this Part; and
(b)
there has been an assessment of the environmental impact of the activities covered by the plan, including (but not limited to) an assessment of:
(i)
the status of the species to which the plan relates in the wild; and
(ii)
the extent of the habitat of the species to which the plan relates; and
(iii) the threats to the species to which the plan relates; and (iv) the impacts of the activities covered by the plan on the habitat or relevant ecosystems; and
(c)
the plan includes management controls directed towards ensuring that the impacts of the activities covered by the plan on:
(i)
a taxon to which the plan relates; and
(ii)
any taxa that may be affected by activities covered by the plan; and

(iii) any relevant ecosystem (for example, impacts on habitat

or biodiversity); are ecologically sustainable; and

(d)
the activities covered by the plan will not be detrimental to:
(i)
the survival of a taxon to which the plan relates; or
(ii)
the conservation status of a taxon to which the plan relates; or
(iii) any relevant ecosystem (for example, detriment to habitat or biodiversity); and
(e)
the plan includes measures:
(i)
to mitigate and/or minimise the environmental impact of the activities covered by the plan; and
(ii)
to monitor the environmental impact of the activities covered by the plan; and

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Section 303FP

(iii) to respond to changes in the environmental impact of the activities covered by the plan; and

(f)
if the plan relates to the taking of live specimens that belong to a taxon specified in the regulations—the conditions that, under the regulations, are applicable to the welfare of the specimens are likely to be complied with; and
(g)
such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
(4)
In deciding whether to declare a plan under subsection (2), the Minister must have regard to:
(a)
whether legislation relating to the protection, conservation or management of the specimens to which the plan relates is in force in the State or Territory concerned; and
(b)
whether the legislation applies throughout the State or Territory concerned; and
(c)
whether, in the opinion of the Minister, the legislation is effective.
(5)
A declaration under subsection (2) ceases to be in force at the beginning of the fifth anniversary of the day on which the declaration took effect. However, this rule does not apply if a period of less than 5 years is specified in the declaration in accordance with subsection 303FT(4).
(6)
If a declaration ceases to be in force, this Act does not prevent the Minister from making a fresh declaration under subsection (2).
(7)
A fresh declaration may be made during the 90-day period before the time when the current declaration ceases to be in force.
(8)
A fresh declaration that is made during that 90-day period takes effect immediately after the end of that period.

303FP Accredited wildlife trade management plan

(1) The export of a specimen is an export in accordance with an accredited wildlife trade management plan if the specimen is, or is derived from, a specimen that was taken in accordance with a plan declared by a declaration in force under subsection (2) to be an accredited wildlife trade management plan.

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(2)
The Minister may, by instrument published in the Gazette, declare that a specified plan is an accredited wildlife trade management plan for the purposes of this section.
(3)
The Minister must not declare a plan under subsection (2) unless the Minister is satisfied that:
(a)
the plan is in force under a law of the Commonwealth or of a State or Territory; and
(b)
the conditions set out in subsection 303FO(3) have been met in relation to the plan; and
(c)
the plan imposes limits in relation to the taking of specimens; and
(d)
the compliance and enforcement measures relating to the plan are likely to be effective in preventing specimens taken in breach of the plan from being traded or exported; and
(e)
the plan provides for the monitoring of:
(i)
the taking of specimens under the plan; and
(ii)
the export of specimens taken under the plan; and
(iii) the status of the species to which the plan relates in the wild; and (iv) the impacts of the activities under the plan on the habitat of the species to which the plan relates; and
(f)
the plan provides for statistical reports about specimens taken under the plan to be given to the Minister on a regular basis; and
(g)
such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
(4)
A declaration under subsection (2) ceases to be in force at the beginning of the fifth anniversary of the day on which the declaration took effect. However, this rule does not apply if a period of less than 5 years is specified in the declaration in accordance with subsection 303FT(4).
(5)
If a declaration ceases to be in force, this Act does not prevent the Minister from making a fresh declaration under subsection (2).
(6)
A fresh declaration may be made during the 90-day period before the time when the current declaration ceases to be in force.
(7)
A fresh declaration that is made during that 90-day period takes effect immediately after the end of that period.

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Section 303FQ

(8)
The Minister must publish on the internet copies of reports given as mentioned in paragraph (3)(f).
(9)
The Minister is not required to comply with subsection (8) to the extent to which compliance could reasonably be expected to:
(a)
prejudice substantially the commercial interests of a person; or
(b)
be detrimental to:
(i)
the survival of a taxon to which the plan relates; or
(ii)
the conservation status of a taxon to which the plan relates.

303FQ Consultation with State and Territory agencies

Before making a declaration under section 303FO or 303FP, the Minister must consult a relevant agency of each State and self-governing Territory affected by the declaration.

303FR Public consultation

(1)
Before making a declaration under section 303FN, 303FO or 303FP, the Minister must cause to be published on the internet a notice:
(a)
setting out the proposal to make the declaration; and
(b)
setting out sufficient information to enable persons and organisations to consider adequately the merits of the proposal; and
(c)
inviting persons and organisations to give the Minister, within the period specified in the notice, written comments about the proposal.
(2)
A period specified in a notice under subsection (1) must not be shorter than 20 business days after the date on which the notice was published on the internet.
(3)
In making a decision about whether to make a declaration under section 303FN, 303FO or 303FP, the Minister must consider any comments about the proposal to make the declaration that were given in response to an invitation under subsection (1).

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303FRA Assessments

(1) The regulations may prescribe an assessment process that is to be used for the purposes of sections 303FN, 303FO and 303FP to assess the potential impacts on the environment of:

(a)
a wildlife trade operation; or
(b)
the activities covered by a plan;

where the operation is, or the activities are, likely to have a significant impact on the environment.

(2) If regulations made for the purposes of subsection (1) apply to a wildlife trade operation or to a plan, the Minister must not declare:

(a)
the operation under subsection 303FN(2); or
(b)
the plan under subsection 303FO(2) or 303FP(2); unless the assessment process prescribed by those regulations has

been followed in relation to the assessment of the operation or plan, as the case may be.

(3)
Without limiting subsection (1), regulations made for the purposes of that subsection may make provision for:
(a)
the application of Part 8 (except sections 82, 83 and 84) and the other provisions of this Act (so far as they relate to that Part) in relation to the assessment process, subject to such modifications as are specified in the regulations; and
(b)
exemptions from the assessment process.
(4)
In this section:

modifications includes additions, omissions and substitutions.

wildlife trade operation has the same meaning as in subsection 303FN(10), but does not include an operation mentioned in paragraph 303FN(10)(d).

303FS Register of declarations

(1)
The Minister must cause to be maintained a register that sets out declarations made under section 303FN, 303FO or 303FP.
(2)
The register may be maintained by electronic means.
(3)
The register is to be made available for inspection on the internet.

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Section 303FT

303FT Additional provisions relating to declarations

(1)
This section applies to a declaration under section 303FN, 303FO or 303FP.
(2)
A declaration may be made:
(a)
on the Minister’s own initiative; or
(b)
on written application being made to the Minister.
(3)
The Minister may make a declaration about a plan or operation even though he or she considers that the plan or operation should be the subject of the declaration only to the extent that the plan or operation relates to a particular class of specimens. In such a case:
(a)
the instrument of declaration is to specify that class of specimens; and
(b)
the plan or operation is covered by the declaration only to the extent that the plan or operation relates to that class of specimens.
(4)
The Minister may make a declaration about a plan or operation even though he or she considers that the plan or operation should be the subject of the declaration only:
(a)
during a particular period; or
(b)
while certain circumstances exist; or
(c)
while a certain condition is complied with.

In such a case, the instrument of declaration is to specify the period, circumstances or condition.

(5)
If a declaration specifies a particular period as mentioned in subsection (4), the declaration ceases to be in force at the end of that period.
(6)
If a declaration specifies circumstances as mentioned in subsection (4), the Minister must, by instrument published in the Gazette, revoke the declaration if he or she is satisfied that those circumstances have ceased to exist.
(7)
The Minister may, by instrument published in the Gazette, vary a declaration by:
(a)
specifying one or more conditions (or further conditions) to which the declaration is subject; or
(b)
revoking or varying a condition:

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(i)
specified in the instrument of declaration; or
(ii)
specified under paragraph (a).
(8)
A condition may relate to reporting or monitoring.
(9)
The Minister must, by instrument published in the Gazette, revoke a declaration if he or she is satisfied that a condition of the declaration has been contravened.
(10)
The Minister may, by instrument published in the Gazette, revoke a declaration at any time.
(11)
A copy of an instrument under section 303FN, 303FO or 303FP or this section is to be made available for inspection on the internet.

303FU Approved commercial import program

The import of a specimen is an import from an approved commercial import program in accordance with this section if the specimen is sourced from a program that, under the regulations, is taken to be an approved commercial import program.

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Section 303GA

Division 6—Miscellaneous

303GA Permit decision—controlled action, and action for which a non-Part 13A permit is required

(1) This section applies if:

(a)
an application is made under section 303CE, 303DE or 303EL for a permit (the first permit) to authorise the taking of an action (the proposed action); and
(b)
the Minister considers that:
(i)
the proposed action may be or is a controlled action; or
(ii)
the proposed action is related to an action (the related action) that may be or is a controlled action; or

(iii) the proposed action is an action for which a non-Part 13A permit is required; or

(iv) the proposed action is related to an action (the related action) that is an action for which a non-Part 13A permit is required.

Deferral of decision

(2) The Minister must neither issue, nor refuse to issue, the first permit before whichever is the latest of the following days:

(a)
if subparagraph (1)(b)(i) applies—the day on which the Minister makes a decision under section 75 about whether the proposed action is a controlled action;
(b)
if subparagraph (1)(b)(i) applies and the Minister makes a decision under section 75 that the proposed action is a controlled action—the day on which the Minister makes a decision under section 133 approving, or refusing to approve, the taking of the controlled action;
(c)
if subparagraph (1)(b)(ii) applies—the day on which the Minister makes a decision under section 75 about whether the related action is a controlled action;
(d)
if subparagraph (1)(b)(ii) applies and the Minister makes a decision under section 75 that the related action is a controlled action—the day on which the Minister makes a decision under section 133 approving, or refusing to approve, the taking of the controlled action;

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(e)
if subparagraph (1)(b)(iii) applies—the day on which a decision is made to issue, or to refuse to issue, the non-Part 13A permit referred to in that subparagraph;
(f)
if subparagraph (1)(b)(iv) applies—the day on which a decision is made to issue, or to refuse to issue, the non-Part 13A permit referred to in that subparagraph.

Refusal of permit

(3)
The Minister must not issue the first permit if:
(a)
subparagraph (1)(b)(i) applies; and
(b)
the Minister makes a decision under section 75 that the proposed action is a controlled action; and
(c)
the Minister makes a decision under section 133 refusing to approve the taking of the controlled action.
(4)
The Minister must not issue the first permit if:
(a)
subparagraph (1)(b)(ii) applies; and
(b)
the Minister makes a decision under section 75 that the related action is a controlled action; and
(c)
the Minister makes a decision under section 133 refusing to approve the taking of the controlled action.
(5)
The Minister must not issue the first permit if:
(a)
subparagraph (1)(b)(iii) applies; and
(b)
a decision is made to refuse to issue the non-Part 13A permit referred to in that subparagraph.
(6)
The Minister must not issue the first permit if:
(a)
subparagraph (1)(b)(iv) applies; and
(b)
a decision is made to refuse to issue the non-Part 13A permit referred to in that subparagraph.

Action for which a non-Part 13A permit is required

(7) For the purposes of this section, an action that a person proposes to take is an action for which a non-Part 13A permit is required if the taking of the action by the person without a non-Part 13A permit would be prohibited by this Act or the regulations if it were assumed that this Part had not been enacted.

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Section 303GB

(8) For the purposes of this section, a non-Part 13A permit is a permit issued under this Act (other than this Part) or the regulations.

Related action

(9)
For the purposes of this section, if a specimen was taken, the action of exporting or importing the specimen is related to:
(a)
that taking; and
(b)
any action that affected the specimen after that taking and before that export or import.
(10)
For the purposes of this section, if a specimen is derived from a specimen that was taken, the action of exporting or importing the first-mentioned specimen is related to:
(a)
that taking; and
(b)
any action that affected the first-mentioned specimen, or either of those specimens, after that taking and before that export or import.

303GB Exceptional circumstances permit

(1) If:

(a)
the Minister is considering an application by a person for a permit to be issued under section 303CG, 303DG or 303EN in relation to a specimen; and
(b)
under this Part, the Minister is precluded from issuing that permit unless the Minister is satisfied in relation to a matter; and
(c)
even though the Minister is not satisfied in relation to that matter, the Minister is satisfied that:
(i)
the export or import of the specimen, as the case may be, would not be contrary to the objects of this Part; and
(ii)
exceptional circumstances exist that justify the proposed export or import of the specimen; and

(iii) the export or import of the specimen, as the case may

be, would not adversely affect biodiversity; the Minister may issue a permit to the person.

(1A) The Minister must not issue a permit under this section unless the grant of that permit would not be contrary to CITES.

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(2) A permit under this section authorises the holder of the permit to take the action or actions specified in the permit, in the permitted period, without breaching section 303CC, 303CD, 303DD or 303EK.

(2A) For the purpose of subsection (2), the permitted period is the period specified in the permit as the period during which the action or actions specified in the permit may be taken. The period so specified must start on the date of issue of the permit and end not later than:

(a)
if the permit relates to a CITES specimen—6 months after that date; or
(b)
if the permit relates to a specimen other than a CITES specimen—12 months after that date.

Duration of permit

(3) A permit under this section:

(a)
comes into force on the date on which it is issued; and
(b)
unless it is sooner cancelled, remains in force until all of the following periods have ended:
(i)
the permitted period (within the meaning of subsection (2A));
(ii)
each period for which one or more conditions of the permit are expressed to apply.

Further information

(5)
The Minister may, within 40 business days after an application is made as mentioned in subsection (1), request the applicant to give the Minister, within the period specified in the request, further information for the purpose of enabling the Minister to deal with the application.
(6)
The Minister may refuse to consider the application until the applicant gives the Minister the information in accordance with the request.

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Section 303GC

Public consultation

(7)
Before issuing a permit under this section, the Minister must cause to be published on the internet a notice:
(a)
setting out the proposal to issue the permit; and
(b)
setting out sufficient information to enable persons and organisations to consider adequately the merits of the proposal; and
(c)
inviting persons and organisations to give the Minister, within the period specified in the notice, written comments about the proposal.
(8)
A period specified in a notice under subsection (7) must not be shorter than 5 business days after the date on which the notice was published on the internet.
(9)
In making a decision under subsection (1) about whether to issue a permit, the Minister must consider any comments about the proposal to issue the permit that were given in response to an invitation under subsection (7).

303GC Permit authorising the Secretary to export or import specimens

(1)
The Secretary may apply to the Minister for a permit to be issued under subsection (2).
(2)
The Minister may, on application made by the Secretary under subsection (1), issue a permit to the Secretary. This subsection has effect subject to subsections (4) and (5).
(3)
A permit under subsection (2) authorises the Secretary to take the action or actions specified in the permit, in the permitted period, without breaching section 303CC, 303CD, 303DD or 303EK.

(3A) For the purpose of subsection (3), the permitted period is the period specified in the permit as the period during which the action or actions specified in the permit may be taken. The period so specified must start on the date of issue of the permit and end not later than 12 months after that date.

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(4)
The Minister must not issue a permit under this section to export a specimen unless the Minister is satisfied that:
(a)
both:
(i)
the recipient of the specimen will be a relevant CITES authority of a country; and
(ii)
the specimen will be used by that relevant CITES authority for the purpose of the identification of a specimen and/or for the purpose of education or training; or
(b)
both:
(i)
the specimen has been seized under this Act; and
(ii)
the specimen will be used to facilitate investigations in or outside Australia in relation to trade relating to wildlife.
(5)
The Minister must not issue a permit under this section to import a specimen unless the Minister is satisfied that:
(a)
the specimen will be used by the Secretary for the purposes of the identification of a specimen; or
(b)
both:
(i)
the sender of the specimen will be a relevant CITES authority of a country; and
(ii)
the specimen will be used for the purpose of the identification of a specimen and/or for the purpose of education or training; or
(c)
the specimen was exported from Australia in contravention of:
(i)
this Part; or
(ii)
the Wildlife Protection (Regulation of Exports and Imports) Act 1982; or
(d)
the specimen will be used to facilitate investigations in or outside Australia in relation to trade relating to wildlife.
(6)
A permit under this section:
(a)
comes into force on the date on which it is issued; and
(b)
unless it is sooner cancelled, remains in force until all of the following periods have ended:

(i) the permitted period (within the meaning of subsection (3A));

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Section 303GD

(ii) each period for which one or more conditions of the permit are expressed to apply.

303GD Testing permit—section 303EE assessments

Applications for permits

(1)
A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under subsection (5).
(2)
The application must be accompanied by the fee (if any) prescribed by the regulations.

Further information

(3)
The Minister may, within 40 business days after the application is made, request the person to give the Minister, within the period specified in the request, further information for the purpose of enabling the Minister to deal with the application.
(4)
The Minister may refuse to consider the application until the person gives the Minister the information in accordance with the request.

Minister may issue permits

(5)
The Minister may, on application made by a person under subsection (1), issue a permit to the person. This subsection has effect subject to subsections (7) and (8).
(6)
A permit authorises its holder to take the action or actions specified in the permit, in the permitted period, without breaching section 303EK.

(6A) For the purpose of subsection (6), the permitted period is the period specified in the permit as the period during which the action or actions specified in the permit may be taken. The period so specified must start on the date of issue of the permit and end not later than 6 months after that date.

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(7)
The Minister must not issue a permit to a person unless the Minister is satisfied that:
(a)
the person has made an application to the Minister under section 303EE for the list referred to in section 303EB to be amended by including an item; and
(b)
if the proposed amendment were made, the specimen would be covered by the item; and
(c)
the specimen is not a CITES specimen; and
(d)
if an assessment is to be made under subsection 303EE(3) of the potential impacts on the environment of the proposed amendment—the terms of reference for a report on the assessment have been:
(i)
prepared as mentioned in paragraph 303EF(1)(a); or
(ii)
finalised as mentioned in subparagraph 303EF(1)(b)(iii); and
(e)
the person proposes to conduct tests on the specimen in Australia in order to obtain information for the assessment; and
(f)
the information is required for the assessment; and
(g)
it is not reasonably practicable for the person to obtain the information without conducting the tests in Australia; and
(h)
the tests will be conducted in a controlled environment.
(8)
The Minister must not issue a permit under this section unless the permit is subject to one or more conditions about holding the specimen in quarantine.

Duration of permit

(9) A permit under this section:

(a)
comes into force on the date on which it is issued; and
(b)
unless it is sooner cancelled, remains in force until all of the following periods have ended:
(i)
the permitted period (within the meaning of subsection (6A));
(ii)
each period for which one or more conditions of the permit are expressed to apply.

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Section 303GE

Investigations

(10) A reference in this section to tests on the specimen includes a reference to investigations relating to the specimen.

303GE Conditions of permits

(1)
This section applies to a permit issued under this Part.
(2)
A permit is subject to such conditions as are specified in the permit or as are imposed under subsection (3).
(3)
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.
(4)
The Minister’s powers under subsection (3) may be exercised:
(a)
on the Minister’s own initiative; or
(b)
on the application of the holder of the permit concerned.
(5)
If a permit authorises its holder to take a particular action, a condition of the permit may require the holder to do, or not do, an act or thing before, at or after the time when the action takes place.

(5A) Without limiting subsection (5), a condition of a permit may be expressed to apply for a period that will not end until after the export or import of a specimen under the permit has occurred, including for example:

(a)
a period the length of which is known when the condition is imposed (such as a period that is expressed as a specified number of years); or
(b)
a period the length of which is unknown when the condition is imposed (such as a period that is expressed as the life of the specimen, or the life of progeny of the specimen).

Note: Conditions may, for example, relate to how a specimen, and its progeny, are kept or dealt with during their lifetimes.

(6) If a person is given an authority under section 303GG by the holder of a permit, subsections (5) and (5A) apply to the person in a corresponding way to the way in which they apply to the holder of the permit.

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(7) Subsections (4), (5), (5A) and (6) are to be disregarded in determining the meaning of a provision of this Act (other than a provision of this Part) that relates to conditions of permits issued otherwise than under this Part.

303GF Contravening conditions of a permit

(1)
This section applies to a permit issued under this Part.
(2)
A person is guilty of an offence if:
(a)
the person is:
(i)
the holder of a permit; or
(ii)
a person to whom an authority under section 303GG has been given by the holder of a permit; and
(b)
the person engages in conduct; and
(c)
the conduct results in a contravention of a condition of the permit.

Penalty: 300 penalty units.

(3) The holder of a permit is guilty of an offence if:

(a)
the person is:
(i)
the holder of a permit; or
(ii)
a person to whom an authority under section 303GG has been given by the holder of a permit; and
(b)
the person engages in conduct; and
(c)
the conduct results in a contravention of a condition of the permit; and
(d)
the condition relates to:
(i)
the sale or other disposal of a live animal or a live plant; or
(ii)
the sale or other disposal of the progeny of a live animal or a live plant; or

(iii) the release from captivity of a live animal; or

(iv)
the release from captivity of the progeny of a live animal; or
(v)
the escape of a live plant.

Penalty: 600 penalty units.

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Section 303GG

(4) For the purposes of subsection (3), a person is taken to have released an animal from captivity if:

(a)
that animal has escaped from captivity; and
(b)
either:
(i)
the person allowed the animal to escape; or
(ii)
the person failed to take all reasonable measures to prevent the animal from escaping.

(4A) For the purposes of subsection (3), a person is taken to have allowed a plant to escape if:

(a)
the plant has grown or propagated in the wild; and
(b)
either:
(i)
the person allowed the plant to escape; or
(ii)
the person failed to take all reasonable measures to prevent the plant from growing or propagating in the wild.

(5) In subsections (2) and (3), strict liability applies to the circumstance that the person was given an authority under section 303GG.

Note: For strict liability, see section 6.1 of the Criminal Code.

303GG Authorities under permits

(1)
This section applies to a permit issued under this Part.
(2)
Except as provided in this section, a permit does not authorise the taking of any action by a person for or on behalf of the holder of the permit.
(3)
Subject to subsection (4), the holder of a permit may give a person written authority to take for or on behalf of the holder any action authorised by the permit. The authority may be given generally or as otherwise provided by the instrument of authority.
(4)
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.

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(5)
A permit is, for the purposes of this Act, taken to authorise the taking of a particular action by a person if the taking of that action by the person is authorised by an authority given by the holder of the permit.
(6)
The giving of an authority does not prevent the taking of any action by the holder of the permit.
(7)
A person who gives an authority must give to the Minister written notice of it within 14 days after giving the authority.

303GH Transfer of permits

(1)
This section applies to a permit issued under this Part.
(2)
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.
(3)
In deciding whether to transfer the permit to another person, the Minister must consider whether the transferee is a suitable person to hold the permit, having regard to the matters set out in the regulations.

303GI Suspension or cancellation of permits

(1)
This section applies to a permit issued under this Part.
(2)
The Minister may, in accordance with the regulations:
(a)
suspend a permit for a specified period; or
(b)
cancel a permit.

303GJ Review of decisions

(1) Subject to subsection (2), an application may be made to the Administrative Appeals Tribunal for review of a decision:

(a)
to issue or refuse a permit; or
(b)
to specify, vary or revoke a condition of a permit; or
(c)
to impose a further condition of a permit; or
(d)
to transfer or refuse to transfer a permit; or
(e)
to suspend or cancel a permit; or
(f)
to issue or refuse a certificate under subsection 303CC(5); or

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Section 303GK

(g)
of the Secretary under a determination in force under section 303EU; or
(h)
to make or refuse a declaration under section 303FN, 303FO or 303FP; or
(i)
to vary or revoke a declaration under section 303FN, 303FO or 303FP.
(2)
Subsection (1) does not apply to a decision made personally by the Minister (but the subsection does apply to a decision made by a delegate of the Minister).
(3)
In this section:

permit means a permit under this Part.

303GK Permit to be produced

Export permit

(1)
For the purposes of this Part, if the holder of a permit to export a specimen exports that specimen, he or she is not to be taken to have exported that specimen in accordance with that permit unless, before exporting the specimen, he or she:
(a)
produced the permit, or caused the permit to be produced, to an authorised officer doing duty in relation to the export of the specimen; or
(b)
received written notice from the Secretary authorising the export of the specimen without the production of the permit.
(2)
The Secretary must not give the notice referred to in paragraph (1)(b) unless he or she:
(a)
is satisfied that the production of the permit is impracticable; and
(b)
endorses a copy of the permit to show that the notice is being given; and
(c)
makes that copy available to an authorised officer doing duty in relation to the export of the specimen.

Import permit

(3) For the purposes of this Part, if the holder of a permit to import a specimen imports that specimen, he or she is not to be taken to

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have imported that specimen in accordance with that permit unless, before or within a reasonable time after importing the specimen, he or she produced the permit, or caused the permit to be produced, to an authorised officer doing duty in relation to the import of the specimen.

Authorities under section 303GG

(4) If a person is given an authority under section 303GG by the holder of a permit, this section applies to the person in a corresponding way to the way in which it applies to the holder of the permit.

303GL Pre-CITES certificate to be produced

Export certificate

(1)
If a person exports a specimen and wishes to rely on a certificate issued under subsection 303CC(5), he or she is not entitled to rely on that certificate unless, before exporting the specimen, he or she:
(a)
produced the certificate, or caused the certificate to be produced, to an authorised officer doing duty in relation to the export of the specimen; or
(b)
received written notice from the Secretary authorising the export of the specimen without the production of the certificate.
(2)
The Secretary must not give the notice referred to in paragraph (1)(b) unless he or she:
(a)
is satisfied that the production of the certificate is impracticable; and
(b)
endorses a copy of the certificate to show that the notice is being given; and
(c)
makes that copy available to an authorised officer doing duty in relation to the export of the specimen.

Import certificate

(3) If a person imports a specimen and wishes to rely on a certificate referred to in paragraph 303CD(6)(b), he or she is not entitled to rely on the certificate unless, before or within a reasonable time after importing the specimen, he or she produced the certificate, or

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Section 303GM

caused the certificate to be produced, to an authorised officer doing duty in relation to the import of the specimen.

303GM Fees

(1)
This section applies to a permit under this Part.
(2)
Such fees (if any) as are prescribed are payable in respect of the following:
(a)
the issue 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.

303GN Possession of illegally imported specimens

Object

(1) The object of this section is:

(a)
to comply with Australia’s obligations under:
(i)
the Biodiversity Convention; and
(ii)
CITES; and
(b)
to otherwise further the objects of this Part;

by prohibiting the possession of illegally imported specimens and the progeny of such specimens.

Note: See Article 8 of the Biodiversity Convention.

Possession of CITES specimens and unlisted regulated live specimens

(2) A person is guilty of an offence if:

(a)
the person has in the person’s possession, in the Australian jurisdiction, a specimen; and
(b)
the specimen is:
(i)
a CITES specimen; or
(ii)
a regulated live specimen that is not included in the list

referred to in section 303EB; and the person is reckless as to that fact; and

(c) the specimen does not belong to a native species.

Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.

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(3)
Subsection (2) does not apply if:
(a)
the specimen was lawfully imported; or
(b)
the specimen was not imported, but all of the specimens of which it is the progeny were lawfully imported.
(4)
Subsection (2) does not apply if the specimen was neither imported, nor the progeny of any other specimen that was imported.
Note 1: For lawfully imported, see section 303GY.
Note 2: The defendant bears an evidential burden in relation to the matters in
subsection (3) (see subsection 13.3(3) of the Criminal Code).

Note: The defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code).

(5) Subsection (2) does not apply if the defendant has a reasonable excuse.

Note: The defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).

Possession of listed regulated live specimens

(6) A person is guilty of an offence if:

(a)
the person has in the person’s possession, in the Australian jurisdiction, a specimen; and
(b)
the specimen is a regulated live specimen that is included in Part 2 of the list referred to in section 303EB, and the person is reckless as to that fact; and
(c)
the specimen does not belong to a native species; and
(d)
either:
(i)
the specimen was unlawfully imported; or
(ii)
the specimen was not imported, but any of the specimens of which it is the progeny was unlawfully imported.

Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.

(7) Subsection (6) does not apply if the defendant has a reasonable excuse.

Note: The defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code).

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Section 303GO

Unlawfully imported

(8) For the purposes of this section, a specimen is unlawfully imported if, and only if, it was imported, but was not lawfully imported (section 303GY).

303GO Regulations relating to welfare

(1)
This section applies to regulations made for the purposes of paragraph 303CG(3)(c), 303DG(4)(b), 303EN(3)(e), 303FN(3)(c) or 303FO(3)(f).
(2)
The conditions specified in those regulations in relation to a live animal may:
(a)
deal with the welfare of the animal:
(i)
when the animal is taken; or
(ii)
when the animal is being held after it has been taken; or
(iii) when the animal is being prepared or shipped; or (iv) when the animal is under the control of the proposed recipient; and
(b)
may deal with eliminating or minimising the risk of:
(i)