Endangered Species Protection Act 1992
Act No. 194 of 1992 as amended
Consolidated as in force on 5 January 1998
(includes amendments up to Act No. 152 of 1997)
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Endangered Species Protection Act 1992
Act No. 194 of 1992 as amended
Consolidated as in force on 5 January 1998
(includes amendments up to Act No. 152 of 1997)
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Part 1—Preliminary 1
1 Short title [see Note 1]...........................1
2 Commencement [see Note 1]........................1
3 Objects of Act................................1
4 Definitions..................................2
5 Commonwealth areas............................7
6 Endangered species and ecological communities............8
7 Vulnerable species..............................9
8 Species that are presumed extinct.....................9
9 Interests in Commonwealth areas.....................9
10 Disallowance of certain intruments....................9
11 Certain Territories regarded as States..................10
12 Act to bind Crown.............................10
13 External Territories.............................10
Part 2—Listing 11
14 Outline of this Part.............................11
Division 1—Lists of species etc. 12
15 Lists of native species...........................12
16 Lists of ecological communities.....................12
17 List of key threatening processes.....................12
Division 2—The listing process 13
18 Minister may amend lists.........................13
19 Reasons for amendments of lists.....................13
20 Native species etc. that are endangered.................13
21 Native species that are vulnerable....................14
22 Native species that are presumed extinct................14
23 Key threatening processes.........................14
24 Minister must consider advice from Scientific Subcommittee....15
25 Public may nominate native species etc.................15
26 Rediscovery of native species that were presumed extinct......15
27 Minister only to consider nature conservation matters........16
28 Species posing a serious threat to human health............16
Division 3—Publication of lists 17
29 Director to make lists available to the public..............17
Part 3—Recovery Plans and Threat Abatement Plans 18
30 Outline of this Part.............................18
Division 1—Obligations to prepare etc. plans 19
31 Recovery plans...............................19
32 Content of recovery plans.........................19
33 Threat abatement plans..........................20
34 Content of threat abatement plans....................20
35 Eradication of non-native species....................21
Division 2—Preparation and variation of plans by the Commonwealth 22
36 Deadlines for preparing plans.......................22
37 Advisory Committee to advise on scheduling of plans........22
38 Preparation of draft plans.........................23
39 Consultation on draft plans........................23
40 Consideration of comments........................24
41 Approval by the Minister.........................24
42 Director to make plans available to the public.............25
43 Variation of plans..............................25
Division 3—Preparation and variation of plans by States etc. 27
44 Commonwealth assistance for the preparation of draft plans.....27
45 Advisory Committee to advise on assistance..............27
46 Adoption of draft plans..........................28
47 Director to publicise adoption of draft plans..............28
Division 4—General 30
48 Commonwealth assistance for implementation of plans.......30
49 Reports on preparation and implementation of plans.........30
Part 4—Conservation Agreements 31
50 Outline of this Part.............................31
51 Director may enter into conservation agreements...........31
52 Content of conservation agreements...................31
53 Conservation agreements to be legally binding............32
54 Publication of conservation agreements.................32
55 List of conservation agreements.....................32
Part 5—Conservation Orders 33
56 Outline of this Part.............................33
Division 1—Interim conservation orders 34
57 Minister may make interim conservation orders............34
58 Limitations on the power to make interim conservation orders...34
59 Grounds for making interim conservation orders...........35
60 Consideration of the social and economic impact of interim conservation orders 36
61 Procedure for making interim conservation orders..........36
62 Duration of interim conservation orders.................36
63 Publication of interim conservation orders...............37
64 Application for reconsideration of interim conservation orders...38
65 Reconsideration of interim conservation orders............38
66 Director to attempt to enter into conservation agreements......39
67 Assistance for complying with interim conservation orders.....40
Division 2—Permanent conservation orders 41
68 Minister may make permanent conservation orders..........41
69 Grounds for making permanent conservation orders.........41
70 Economic and social considerations...................42
71 Procedure for making permanent conservation orders........42
72 Duration of permanent conservation orders...............42
73 Reviews of permanent conservation orders...............42
74 Publication of permanent conservation orders.............43
75 Application for reconsideration of permanent conservation orders or decisions on review 44
76 Reconsideration of permanent conservation orders and decisions on review 44
77 Assistance in complying with permanent conservation orders....45
Division 3—Impact assessment conservation orders 46
78 Application of this Division........................46
79 Minister may make impact assessment conservation orders.....46
80 Grounds for making impact assessment conservation orders.....47
81 Consideration of the social and economic impact of impact assessment conservation orders 47
82 Procedure for making impact assessment conservation orders....47
83 Duration of impact assessment conservation orders..........48
84 Publication of impact assessment conservation orders........48
Part 6—Obligations to Protect Species etc. 50
85 Outline of this Part.............................50
Division 1—Obligations on persons generally 51
86 Compliance with conservation orders..................51
87 Taking etc. listed native species.....................51
Division 2—Permits for taking etc. listed native species 54
88 Application for permits..........................54
89 Director may issue permits........................54
90 Public consultation.............................55
91 Deadline for making a decision......................56
92 Cancellation of permits..........................56
93 Notification of rights to reconsideration.................56
94 Application for reconsideration......................57
95 Reconsideration of decisions.......................57
96 Review by the Administrative Appeals Tribunal............58
97 Surrender of permits............................58
98 Publication of permit details etc......................59
Division 3—Additional obligations of Commonwealth agencies 60
99 Compliance with recovery plans and threat abatement plans.....60
100 Compliance with impact assessment conservation orders......60
101 Effect of Minister’s advice on proposed actions etc..........60
102 Commonwealth agencies to have regard to certain State laws....60
Division 4—Consideration by the Minister of proposed actions etc. 61
103 Commonwealth agencies to seek advice on proposed actions etc...61
104 Minister to consider proposed actions etc................61
105 Contents of notices of advice.......................62
106 Review by the Administrative Appeals Tribunal............62
Division 5—Repair of damage to species etc. 63
107 Repair of damage..............................63
108 Liability for expenses incurred by the Commonwealth........63
109 Ancillary offences.............................64
110 Court may order convicted persons to pay amounts..........64
111 Enforcement of orders for payment...................64
112 Further orders relating to the same act or omission..........65
Part 7—Administration and Enforcement 66
113 Outline of this Part.............................66
Division 1—Administration 67
114 General administration of Act......................67
115 Additional functions of Director.....................67
116 Delegation..................................67
117 Consultation with the Great Barrier Reef Marine Park Authority..67
Division 2—Powers of officers 68
118 Interpretation................................68
119 Extent of powers..............................69
120 Arrest without warrant...........................70
121 Confiscation and forfeiture........................70
122 Searches of vehicles, aircraft and vessels................71
123 Searches of land and premises......................73
124 Warrants for searches of land or premises...............74
125 Warrants may be granted by telephone etc................75
126 Retention of things seized.........................77
127 Officers may require certain information................77
128 Power to pursue persons and vessels...................78
129 Obstruction of officers etc.........................78
Division 3—Injunctions 79
130 Injunctions granted on the application of the Director........79
131 Injunctions granted on the application of interested persons.....79
132 Interim injunctions.............................80
133 Discharge etc. of injunctions.......................80
134 Certain limits on granting injunctions not to apply..........80
135 Other powers of the court unaffected..................81
Part 8—The Endangered Species Advisory Committee and the Endangered Species Scientific Subcommittee 82
136 Outline of this Part.............................82
Division 1—Establishment and functions of the Endangered Species Advisory Committee 83
137 Establishment................................83
138 Functions..................................83
Division 2—Membership of the Advisory Committee 84
139 Constitution.................................84
140 Appointment of members.........................84
141 Chairperson.................................85
142 Terms of office...............................85
143 Terms and conditions of appointment..................85
144 Remuneration and allowances......................85
145 Leave of absence..............................86
146 Resignation.................................86
147 Outside employment............................86
148 Termination of appointment.......................86
Division 3—Meetings of the Advisory Committee 88
149 Convening meetings............................88
150 Presiding at meetings...........................88
151 Quorum...................................88
152 Voting at meetings.............................88
153 Conduct of meetings............................88
154 Resolutions without meetings.......................88
155 Records relating to meetings.......................89
156 Disclosure of interests...........................89
157 Persons may be invited to attend meetings...............90
Division 4—The Endangered Species Scientific Subcommittee 91
158 Establishment................................91
159 Functions..................................91
160 Constitution.................................91
161 Chairperson of Scientific Subcommittee................91
162 Terms of office...............................92
163 Meetings of the Scientific Subcommittee................92
Division 5—Miscellaneous 93
164 Assistance for the Committees......................93
Part 9—Miscellaneous 94
165 Inventories of listed native species etc..................94
166 Surveys of marine species etc.......................94
167 Obligations under this Act unaffected by lack of inventories or surveys 95
168 Review of Operation of Act........................95
169 Waiver of obligations imposed by this Act...............96
170 Effect of failure to meet time limits...................96
171 This Act to be subject to international obligations...........97
172 Compensation................................97
173 Raising funds................................97
174 International assistance..........................97
175 Giving effect to international agreements................98
176 Regulations.................................98
Schedule 1—Listed Species 99
Part 1—Species that are Endangered 99
Part 2—Species that are Vulnerable 107
Part 3—Species that are Presumed Extinct 125
Schedule 2—Listed Ecological Communities 129
Schedule 3—Key Threatening Processes 130
Schedule 4—Agreements Between Australia and other Countries 131
An Act providing for the conservation and management of species
This Act may be cited as the Endangered Species Protection Act 1992.
(1) This Act commences on a day to be fixed by Proclamation.
(2) If this Act does not commence under subsection (1) within the period of 9 months commencing on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
(1) The objects of this Act are to:
(a) promote the recovery of species and ecological communities that are endangered or vulnerable; and
(b) prevent other species and ecological communities from becoming endangered; and
(c) reduce conflict in land management through readily understood mechanisms relating to the conservation of species and ecological communities that are endangered or vulnerable; and
(d) provide for public involvement in, and promote public understanding of, the conservation of such species and ecological communities; and
(e) encourage co-operative management for the conservation of such species and ecological communities.
(2) In order to achieve these objects, this Act:
(a) provides for listing of native species, ecological communities and threatening processes (see Part 2); and
(b) provides for certain protective measures to be adopted, in particular:
(i) preparing and implementing recovery plans and threat abatement plans (see Part 3); and
(ii) entering into conservation agreements (see Part 4); and
(iii) making interim conservation orders, permanent conservation orders and impact assessment conservation orders (see Part 5); and
(c) imposes obligations on persons (particularly Commonwealth agencies) arising from species, ecological communities or threatening processes being listed, or protective measures being adopted (see Part 6); and
(d) confers powers for the administration and enforcement of this Act (see Part 7); and
(e) establishes the Endangered Species Advisory Committee and the Endangered Species Scientific Subcommittee (see Part 8).
(1) In this Act, unless the contrary intention appears:
Advisory Committee means the Endangered Species Advisory Committee established under section 137.
ANPWS means the Australian National Parks and Wildlife Service established by section 33 of the National Parks and Wildlife Conservation Act 1975.
Australia includes the external Territories.
Australian fishing zone has the same meaning as in the Fisheries Management Act 1991.
business day means a day that is not:
(a) a Saturday or a Sunday; or
(b) a public holiday or bank holiday in the place concerned.
Chairperson, except in section 161, means the Chairperson of the Advisory Committee.
coastal sea has the meaning given in subsection 15B(4) of the Acts Interpretation Act 1901.
Commonwealth agency means:
(a) a Minister; or
(b) a Department; or
(c) a body (whether incorporated or unincorporated) established for a public purpose by a law of the Commonwealth; or
(d) a body established or appointed by the Governor-General or by a Minister otherwise than by or under a law of the Commonwealth; or
(e) a company in which the whole of the shares or stock, or shares or stock carrying more than one-half of the voting power, is or are owned by or on behalf of the Commonwealth; or
(f) a body corporate that is a subsidiary of:
(i) a body referred to in paragraph (c), (d) or (e); or
(ii) a body corporate that, because of a previous application or previous applications of this paragraph, is taken to be a Commonwealth agency for the purposes of this definition; or
(g) a person holding, or performing the duties of, an office established by or under, or an appointment made under, a law of the Commonwealth, other than:
(i) a person who, by virtue of holding that office, is the Secretary of a Department; or
(h) a person holding, or performing the duties of, an appointment made by the Governor-General, or by a Minister, otherwise than under a law of the Commonwealth;
but does not include:
(i) a court or a tribunal; or
(j) the Australian Capital Territory, the Northern Territory or the Administration of Norfolk Island; or
(ja) a person holding an office established by or under any of the following Acts, or holding an appointment made under any of them:
(i) the Northern Territory (Self-Government) Act 1978;
(ii) the Norfolk Island Act 1979;
(iii) the Australian Capital Territory (Self-Government) Act 1988; or
(k) any of the following:
(i) an Aboriginal Land Trust, or an Aboriginal Land Council, established under the Aboriginal Land Rights (Northern Territory) Act 1976;
(ii) an Aboriginal corporation within the meaning of the Aboriginal Councils and Associations Act 1976;
(iii) the Wreck Bay Aboriginal Community Council established under the Aboriginal Land Grant (Jervis Bay Territory) Act 1986.
Commonwealth area has the meaning given in section 5.
conservation agreement means an agreement entered into under section 51.
continental shelf of Australia has the same meaning as in the Seas and Submerged Lands Act 1973.
daily newspaper means a newspaper that is ordinarily published on each day that is a business day in the place where the newspaper is published, whether or not the newspaper is ordinarily published on other days.
Department has the same meaning as in the Public Service Act 1922.
Director means the Director of National Parks and Wildlife.
ecological community means an assemblage of native species that:
(a) inhabits a particular area in nature; and
(b) meets the additional criteria specified in the regulations (if any) made for the purposes of this definition.
endangered has the meaning given in section 6.
governmental approval means an approval, permission, authorisation, licence, recommendation or other similar decision that is or may be given or made by a Commonwealth agency.
Federal Court means the Federal Court of Australia.
habitat means an area:
(a) in which an organism, or a group of organisms, lives; or
(b) in which an organism, or a group of organisms, has lived and into which the organism or group has the potential to be reintroduced.
impact assessment conservation order means an impact assessment conservation order made under section 79.
interest, in relation to a Commonwealth area, has the meaning given in section 9.
interim conservation order means an interim conservation order made under section 57.
key threatening process means a threatening process specified in Schedule 3.
list means a list set out in Schedule 1, 2 or 3 and includes such a list containing no items.
listed ecological community means an ecological community specified in Schedule 2.
listed native species means a species specified in Schedule 1.
native species means a species:
(a) that is indigenous to Australia; or
(b) that is indigenous to the Australian coastal sea or to the seabed or subsoil beneath that sea; or
(c) that is indigenous to the continental shelf of Australia; or
(d) that is indigenous to the Australian fishing zone; or
(e) members of which periodically or occasionally visit:
(i) Australia; or
(ii) the Australian coastal sea; or
(iii) the Australian fishing zone; or
(f) that was present in Australia before 1400.
non-native species means a species that is not a native species.
permanent conservation order means a permanent conservation order made under section 68.
permit means a permit issued under section 89.
person includes:
(a) a body politic or corporate as well as an individual; and
(b) a Commonwealth agency, whether or not the Commonwealth agency has the capacity to sue and be sued in its own name.
plan means a recovery plan or a threat abatement plan.
presumed extinct has the meaning given in section 8.
principles of ecologically sustainable development means, if the regulations specify principles for the purpose of this definition, the principles so specified.
recovery plan means a plan of a kind referred to in section 31 that has been:
(a) prepared under Division 2 of Part 3; or
(b) adopted by the Minister under section 46.
Scientific Subcommittee means the Endangered Species Scientific Subcommittee established by section 158.
Secretary has the same meaning as in the Public Service Act 1922.
species means a group of biological entities that:
(a) interbreed to produce fertile offspring; or
(b) possess common characteristics derived from a common gene pool;
and includes:
(c) a sub-species; and
(d) a distinct population of such biological entities, being a distinct population that the Minister determines in writing to be a species for the purposes of this definition.
Note: Determinations under paragraph (d) are disallowable instruments (see section 10).
staff member, in relation to the ANPWS, means a person who is one of the persons who constitute the ANPWS within the meaning of section 34 of the National Parks and Wildlife Conservation Act 1975.
State agency means:
(a) a Minister of a State; or
(b) a Department of a State; or
(c) a body (whether incorporated or unincorporated) established for a public purpose by a law of a State; or
(d) a body established or appointed by the Governor of a State, or by a Minister of a State, otherwise than by or under a law of the State; or
(e) a company in which the whole of the shares or stock, or shares or stock carrying more than one-half of the voting power, is or are owned by or on behalf of a State; or
(f) a body corporate that is a subsidiary of:
(i) a body referred to in paragraph (c), (d) or (e); or
(ii) a body corporate that, because of a previous application or previous applications of this paragraph, is taken to be a State agency for the purposes of this definition; or
(g) a person holding, or performing the duties of, an office established by or under, or an appointment made under, a law of a State, other than a person who, by virtue of holding that office, is the Secretary (by whatever name called) of a Department of a State; or
(h) a person holding, or performing the duties of, an appointment made by the Governor of a State, or by a Minister of a State, otherwise than under a law of the State;
but does not include a court or a tribunal.
subsidiary has the meaning given in subsection (2).
sub-species means a geographically separate population of a species, being a population that is characterised by morphological or biological differences from other populations of that species.
this Act includes the regulations.
threat abatement plan means a plan of a kind referred to in section 33 that has been:
(a) prepared under Division 2 of Part 3; or
(b) adopted by the Minister under section 46.
threatening process means a process that threatens, or may threaten, the survival, abundance or evolutionary development of a native species or ecological community.
vulnerable has the meaning given in section 7.
Note: Section 118 contains further definitions of words and expressions used in Division 2 of Part 7.
(2) The question whether a body corporate is a subsidiary of an authority or body is to be determined in the same way as the question whether a body corporate is a subsidiary of another body corporate is determined for the purposes of the Corporations Law.
(3) A reference in this Act to an offence against, or a contravention of, this Act includes a reference to an offence against, or a contravention of, section 6, 7 or 7A, or subsection 86(1), of the Crimes Act 1914 that relates to this Act.
(4) A reference in this Act to a conviction of a person of an offence includes a reference to making an order under section 19B of the Crimes Act 1914 in relation to the person in respect of the offence.
(1) For the purposes of this Act, any of the following areas, and any parts of the following areas, are Commonwealth areas:
(a) subject to subsection (2), an area of land owned, or held under lease, (including land owned or held under lease in Norfolk Island) by the Commonwealth or a Commonwealth agency;
(b) an area of land in:
(i) an external Territory (other than Norfolk Island); or
(ii) the Jervis Bay Territory;
(c) subject to subsection (3), the coastal sea;
(d) the seabed of, and the waters above, the continental shelf of Australia;
(e) the Australian fishing zone;
(f) any other area of land or sea that is declared to be a park or a reserve under section 7 of the National Parks and Wildlife Conservation Act 1975.
(2) Despite paragraph (1)(a), an area of land that is Territory Land within the meaning of the Australian Capital Territory (Planning and Land Management) Act 1988 is not taken to be a Commonwealth area merely because of the application of that paragraph, unless it is held under lease by the Commonwealth or a Commonwealth agency.
(3) Despite paragraph (1)(c), the following areas, and any parts of the following areas, are not Commonwealth areas by virtue of that paragraph:
(a) any area of the seabed, and any of the space (including space occupied by water) above that seabed, vested in a State under section 4 of the Coastal Waters (State Title) Act 1980;
(b) any area of the seabed, and any of the space (including space occupied by water) above that seabed, vested in the Northern Territory under section 4 of the Coastal Waters (Northern Territory Title) Act 1980.
(1) For the purposes of this Act, a species is endangered if:
(a) it is likely to become extinct unless the circumstances and factors threatening its abundance, survival or evolutionary development cease to operate; or
(b) its numbers have been reduced to such a critical level, or its habitats have been so drastically reduced, that it is in immediate danger of extinction; or
(c) it might already be extinct, but is not presumed extinct.
(2) In addition to subsection (1), a species may be regarded as endangered for the purposes of this Act if the Minister is satisfied that:
(a) it so closely resembles in appearance, at any stage of its biological development, a species of a kind referred to in subsection (1) that it is difficult to differentiate between the 2 species; and
(b) this difficulty poses an additional threat to the last-mentioned species; and
(c) it would substantially promote the objects of this Act if the first-mentioned species were regarded as endangered.
(3) For the purposes of this Act, an ecological community is endangered if:
(a) it is likely to become extinct in nature unless the circumstances and factors threatening its extent, survival or evolutionary development cease to operate; or
(b) it might already be extinct.
(1) For the purposes of this Act, a species is vulnerable at a particular time if, within the next 25 years, the species is likely to become endangered unless the circumstances and factors threatening its abundance, survival or evolutionary development cease to operate.
(2) In addition to subsection (1), a species may be regarded as vulnerable for the purposes of this Act if the Minister is satisfied that:
(a) it so closely resembles in appearance, at any stage of its biological development, a species of a kind referred to in subsection (1) that it is difficult to differentiate between the 2 species; and
(b) this difficulty poses an additional threat to the last-mentioned species; and
(c) it would substantially promote the objects of this Act if the first-mentioned species were regarded as vulnerable.
A species is presumed extinct at a particular time if:
(a) it has not been definitely located in nature during the preceding 50 years; or
(b) it has not been definitely located in nature during the preceding 10 years despite thorough searching during that period.
Unless the contrary intention appears, a person is taken, for the purposes of this Act, to have an interest in a Commonwealth area if the person, whether alone or with others:
(a) owns; or
(b) occupies or is in possession of; or
(c) has the management or control of; or
(d) has, as a result of holding a licence, permit or authorisation (by whatever name called), a right to carry on a commercial activity in;
the Commonwealth area.
A determination made by the Minister for the purposes of paragraph (d) of the definition of species in subsection 4(1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
For the purposes of this Act (except section 13), the Australian Capital Territory, the Northern Territory and Norfolk Island are to be regarded as States and are not to be regarded as Territories.
(1) This Act binds the Crown in all its capacities.
(2) This Act does not render the Crown liable to be prosecuted for an offence.
This Act extends to each external Territory.
(1) This Part provides for listing the native species, ecological communities and threatening processes with which this Act is concerned.
(2) Division 1 provides for Schedules 1 to 3 to set out lists of native species, ecological communities and key threatening processes.
(3) Division 2 describes the procedure by which the Minister may amend the lists.
(4) Division 3 describes how the lists are to be made public.
(1) Part 1 of Schedule 1 contains a list of native species that are endangered.
(2) Part 2 of Schedule 1 contains a list of native species that are vulnerable.
(3) Part 3 of Schedule 1 contains a list of native species that are presumed extinct.
Note: Section 87 imposes obligations relating to listed native species.
Schedule 2 contains a list of ecological communities that are endangered.
Schedule 3 contains a list of threatening processes that are key threatening processes.
(1) Subject to this Division, the Minister may, by instrument in writing published in the Gazette, and in a daily newspaper circulating in each State, amend any of the lists by:
(a) including items in the list; or
(b) deleting items from the list.
(2) Such instruments are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.
(3) Despite section 48 of the Acts Interpretation Act 1901 as it applies in relation to such instruments because of section 46A of that Act, amendments of a list that delete items from the list take effect on the first day on which they are no longer liable to be disallowed, or to be taken to have been disallowed, under section 48 of that Act as it so applies.
(1) An instrument must state that application may be made, in writing, to the Director for a statement of the reasons why one or more items specified in the application were included in, or deleted from, one or more lists by the instrument.
(2) The Director must provide, at reasonable cost, such a statement of reasons to the person who makes such an application, or the person on whose behalf the application is made.
(1) The Minister must not add:
(a) a native species to Part 1 of Schedule 1; or
(b) an ecological community to Part 1 of Schedule 2;
unless the Minister is satisfied that the species or community is endangered.
(2) The Minister must not delete:
(a) a native species from Part 1 of Schedule 1; or
(b) an ecological community from Part 1 of Schedule 2;
unless the Minister is satisfied that the species or community is no longer endangered.
Note: Endangered is defined in section 6.
(1) The Minister must not add a native species to Part 2 of Schedule 1 unless the Minsiter is satisfied that the species is vulnerable.
(2) The Minister must not delete a native species from Part 2 of Schedule 1 unless the Minister is satisfied that the species is no longer vulnerable.
Note: Vulnerable is defined in section 7.
(1) The Minister must not add a native species to Part 3 of Schedule 1 unless the Minister is satisfied that the species is presumed extinct.
(2) The Minister must not delete a native species from Part 3 of Schedule 1 unless the Minister is satisfied that the species is no longer presumed extinct.
Note: Presumed extinct is defined in section 8.
(1) The Minister must not add a threatening process to Schedule 3 unless the Minister is satisfied that it is eligible to be treated as a key threatening process.
(2) The Minister must not delete a threatening process from Schedule 3 unless the Minister is satisfied that it is no longer eligible to be treated as a key threatening process.
(3) For the purposes of this section, a threatening process is eligible to be treated as a key threatening process if:
(a) it:
(i) adversely affects 2 or more listed native species or 2 or more listed ecological communities; or
(ii) could cause native species or ecological communities that are not endangered to become endangered; and
(b) the preparation and implementation of a nationally co-ordinated threat abatement plan is a feasible, effective and efficient way to abate the process.
(4) Before deciding whether a theatening process is eligible to be treated as a key threatening process, the Minister must take reasonable steps to consult, with Commonwealth agencies that would be affected by or interested in abatement of the process, on the feasibility, effectiveness or efficiency of preparing and implementing a nationally co-ordinated threat abatement plan to abate the process.
(1) Subject to section 26, the Minister must not add an item to, or delete an item from, a list without having considered advice from the Scientific Subcommittee on the addition or deletion of the item.
(2) The Minister must:
(a) decide whether to add an item to, or delete an item from, a list; and
(b) if the Minister decides to add or delete the item—cause the necessary instrument to be published in the Gazette;
within 90 days after receiving the Scientific Subcommittee’s advice on the addition or deletion of the item.
(3) A member of the Scientific Subcommittee has a duty not to disclose to any other person the advice, or any information relating to the advice, before the end of that period of 90 days unless the disclosure:
(a) is for the official purposes of the Scientific Subcommittee; or
(b) if an instrument is published in the Gazette relating to an addition or deletion to which the advice relates—occurred after the publication.
(1) Any person may nominate an item to be listed in Schedules 1 to 3.
(2) A nomination must be made to the Director and must include any information prescribed by regulation.
(3) The Director must forward all nominations to the Scientific Subcommittee.
(1) If the Director advises the Minister that a native species that is specified in Part 3 of Schedule 1 has been definitely located in nature since it was last listed as presumed extinct, the Minister may, under section 18:
(a) amend Part 3 of Schedule 1 by deleting the species from that Part; and
(b) if the Minister is satisfied that the species:
(i) is endangered; or
(ii) is vulnerable;
amend the appropriate list by adding the species to it;
without considering advice from the Scientific Subcommittee.
(2) Subsection (1) does not prevent the Minister from making such amendments after having considered advice from the Scientific Subcommittee.
(1) In deciding whether to add an item to, or delete an item from, a list in Schedule 1, the Minister must not consider any matters that do not relate to the survival of the native species concerned.
(2) In deciding whether to add an item to, or delete an item from, Schedule 2, the Minister must not consider any matters that do not relate to the survival of the ecological community concerned.
(1) If the Minister is satisfied that a native species poses a serious threat to human health, the Minister may, by instrument published in the Gazette, determine that the species is not appropriate for listing under this Part.
(2) While the determination is in force, the species is not to be added to any list.
(3) A determination is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
The Director must take all reasonable steps to ensure that up-to-date consolidated versions of each of the lists are available for purchase, for a reasonable price, at:
(a) each of the offices of the ANPWS; and
(b) one or more other places in each State.
(1) This Part is about preparing and implementing:
(a) recovery plans for listed native species and listed ecological communities; and
(b) threat abatement plans for key threatening processes.
(2) Division 1 defines the Commonwealth’s obligations to prepare plans for species, ecological communities and threatening processes occurring in Commonwealth areas.
(3) Division 2 describes how these plans are prepared, published and varied.
(4) Division 3 enables the Commonwealth to:
(a) assist States and State agencies to prepare plans for species, ecological communities and threatening processes that do not occur in Commonwealth areas; and
(b) adopt and publicise plans prepared by States or State agencies for such species, ecological communities and threatening processes.
(5) Division 4 contains a general assistance provision and a reporting requirement.
(1) The Commonwealth must prepare and implement a recovery plan for:
(a) each listed native species (other than a species that is presumed extinct); or
(b) each listed ecological community;
that occurs in Commonwealth areas.
(2) If the listed native species or listed ecological community also occurs outside Commonwealth areas, the Commonwealth must seek the co-operation of the States in which the species or community occurs outside Commonwealth areas with a view to the joint preparation and implementation of a recovery plan for the species or community throughout Commonwealth areas and those States.
Note 1: Commonwealth area is defined in section 5.
Note 2: Section 99 imposes on Commonwealth agencies obligations relating to recovery plans.
(1) The recovery plan must provide for the research and management actions necessary to stop the decline of, and support the recovery of, the species or community so that its chances of long-term survival in nature are maximised.
(2) In particular, the recovery plan must:
(a) state an objective to be achieved (for example, removing the species or community from a list, or indefinite protection of existing populations of the species or community); and
(b) state criteria against which achievement of the objective is to be measured (for example, a specified number and distribution of viable populations of the species or community, or the abatement of threats to the species or community); and
(c) specify the actions needed to satisfy the criteria; and
(d) identify and specify the actions needed to protect the habitats that are critical to the survival of the species or community; and
(e) state the estimated duration and cost of the recovery process; and
(f) 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
(g) specify any major benefits to non-target species or non-target ecological communities that will be affected by the plan’s implementation.
(3) In preparing a recovery plan, regard must be had to:
(a) the objects of the Act; and
(b) the most efficient and effective use of the resources that are allocated for conservation of species and ecological communities; and
(c) consistent with the principles of ecologically sustainable development, minimising any significant adverse social and economic impacts.
(1) The Commonwealth must prepare and implement a threat abatement plan for each key threatening process that occurs in Commonwealth areas.
(2) If the key threatening process also occurs outside Commonwealth areas, the Commonwealth must seek the co-operation of the States in which the threatening process occurs outside Commonwealth areas with a view to the joint preparation and implementation of a threat abatement plan for the threatening process throughout Commonwealth areas and those States.
Note 1: Commonwealth area is defined in section 5.
Note 2: Section 99 imposes on Commonwealth agencies obligations relating to threat abatement plans.
(1) The threat abatement plan must provide for the research and management actions necessary to reduce the key threatening process to an acceptable level in order to maximise the chances of the long-term survival in nature of native species and ecological communities affected by the process.
(2) In particular, the threat abatement plan must:
(a) state an objective to be achieved; and
(b) state criteria against which achievement of the objective is to be measured; and
(c) specify the actions needed to satisfy the criteria; and
(d) state the estimated duration and cost of the threat abatement process; and
(e) identify organisations or persons who will be involved in evaluating the performance of the threat abatement plan; and
(f) specify any major non-target ecological matters that will be affected by the plan’s implementation.
(3) In preparing a threat abatement plan, regard must be had to:
(a) the objects of the Act; and
(b) the most efficient and effective use of the resources that are allocated for conservation of species and ecological communities; and
(c) consistent with the principles of ecologically sustainable development, minimising any significant adverse social and economic impacts.
If:
(a) the actions specified under paragraph 32(2)(c) in a recovery plan, or under paragraph 34(2)(c) in a threat abatement plan, include the eradication of a non-native species; and
(b) the species is endangered or vulnerable 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.
A plan must be prepared within the period that:
(a) begins on the day (listing day) on which the species, ecological community or key threatening process in question became included in a list; and
(b) ends on the elapsing of the number of years, from the listing day, specified in the following table:
TABLE | |||
Type of plan | Number of years | ||
| If the listing day is the day this Act commenced | If the listing day is a later day | |
1. Recovery plan for a species or ecological community that is endangered | 5 years | 3 years | |
2. Recovery plan for a species that is vulnerable | 10 years | 5 years | |
3. Threat abatement plan for a key threatening process | 6 years | 3 years | |
(1) The Advisory Committee is to advise the Minister on the times within which, and the order in which, draft plans should be prepared.
(2) In giving advice on preparation of a draft recovery plan, the Advisory Committee must take into account the following matters:
(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 on preparation of a draft threat abatement plan, the Advisory 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.
(1) After considering the Advisory Committee’s advice, the Minister may, in writing, direct the Director to prepare:
(a) a draft recovery plan for a listed native species or a listed ecological community; or
(b) a draft threat abatement plan for a key threatening process.
(2) The direction must specify the period within which the draft plan is to be prepared.
(3) The Director must comply with the direction.
(4) The Director must cause a copy of the direction to be published in the Gazette.
(1) After preparing a draft plan, the Director must:
(a) take reasonable steps to ensure that copies of the draft plan are available for purchase, for a reasonable price, at each of the offices of the ANPWS and at one or more other places in each State; and
(b) give a copy of it, together with a notice of a kind referred to in subsection (2), to the Advisory Committee; and
(c) cause the notice to be published:
(i) in the Gazette; and
(ii) in a daily newspaper circulating in each State in which occurs the listed native species, listed ecological community or key threatening process to which the draft plan relates; and
(iii) in any other way required by the regulations.
(2) The notice must:
(a) state that the draft plan has been prepared; and
(b) specify the places where copies of the draft plan may be purchased; and
(c) invite persons to make written comments to the Director about the draft plan; and
(d) specify:
(i) an address for lodgment of comments; and
(ii) a day by which comments must be made.
(3) The day specified must not be a day occurring within 3 months after the notice is published in the Gazette.
The Director:
(a) must consider all written comments made to the Director on or before the day, and at the address for lodgment, specified in the notice; and
(b) may revise the draft plan to take into account any of those comments; and
(c) must prepare a report on the comments and their consideration.
(1) The Director must then give the draft plan to the Minister for approval.
(2) The draft plan must be accompanied by the Director’s report on the written comments.
(3) If the Minister thinks that the draft plan submitted under subsection (1) or (4) for his or her approval should be revised in some respect, the Minister may give to the Director a written notice:
(a) requesting the Director to make such a revision; and
(b) setting out the reasons for the request.
(4) On receiving such a request, the Director must:
(a) consider the request and the statement of reasons; and
(b) make such revision of the draft plan as he or she considers appropriate; and
(c) give the draft plan, as so revised, to the Minister for approval.
(5) The plan comes into force:
(a) on the day specified by the Minister for that purpose in approving the plan; or
(b) if no such day is specified—on the day on which the Minister approves the plan.
(1) As soon as practicable after the Minister approves a plan, the Director must:
(a) take reasonable steps to ensure that copies of the plan are available for purchase, for a reasonable price, at each of the offices of the ANPWS and at one or more other places in each State; and
(b) give notice of the plan’s approval to each person whose comments on the draft plan the Director considered under paragraph 40(a); and
(c) cause the notice to be published:
(i) in the Gazette; and
(ii) in a daily newspaper circulating in each State in which occurs the listed native species, listed ecological community or key threatening process to which the plan relates; and
(iii) in any other way required by the regulations.
(2) The notice must:
(a) state that the Minister has approved the plan; and
(b) specify the places where copies of the draft plan may be purchased.
(1) The Director may, at any time, review a plan and consider whether a variation of it is necessary.
(2) Each plan must be reviewed by the Director at intervals of not longer than 5 years.
(3) If the Minister gives the Director a notice requesting that the Director vary a plan and setting out the reasons for the request, the Director must consider, having regard to the reasons, whether the requested variation is appropriate.
(4) If the Director considers that:
(a) a variation of a plan is necessary; or
(b) a variation of a plan, requested by the Minister, is appropriate;
the Director may, subject to subsection (5), vary the plan.
(5) Sections 39 to 42 apply to the variation of the plan in the same way that those sections apply to the preparation and approval of a draft plan.
(1) The Minister may, on the Commonwealth’s behalf, give to a State or a State agency financial assistance, and any other assistance, for the preparation of:
(a) a draft recovery plan for:
(i) a listed native species (other than a species that is presumed extinct); or
(ii) a listed ecological community;
that does not occur in a Commonwealth area; or
(b) a draft threat abatement plan for a key threatening process that does not occur in a Commonwealth area.
(2) The giving of assistance may be made subject to such conditions as the Minister thinks fit.
(3) The Minister is to have regard to the advice of the Advisory Committee under section 45 before deciding whether to give assistance, or the extent of any assistance to be given.
(1) The Advisory Committee is to advise the Minister on:
(a) the times within which, and the order in which, assistance should be granted to States and State agencies under section 44 for the preparation of plans; and
(b) the conditions (if any) to which the giving of such assistance should be subject.
(2) In giving advice on preparation of a draft recovery plan, the Advisory 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 on preparation of a draft threat abatement plan, the Advisory 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.
(1) The Minister may, by instrument in writing, declare that a specified draft plan prepared by a State or State agency is adopted as a recovery plan, or threat abatement plan, as the case requires.
(2) If a State or State agency varies a draft plan in respect of which the Minister has previously made a declaration under subsection (1) or this subsection, the Minister may, by instrument in writing, declare that the recovery plan, or threat abatement plan, as the case requires, is taken to be varied accordingly.
(3) The Minister must not make a declaration under this section unless he or she is satisfied that the draft plan, or the draft plan as varied, complies with the requirements of section 32 or 34 (whichever is applicable).
(4) Before making a declaration under this section, the Minister must consider any advice on the draft plan given to the Minister by the Advisory Committee.
(1) As soon as practicable after the Minister has made a declaration under section 46, the Director must:
(a) take reasonable steps to ensure that copies of the plan in question, or that plan as varied, are available for purchase, for a reasonable price, at each of the offices of the ANPWS and at one or more other places in each State; and
(b) cause a notice of the declaration to be published:
(i) in the Gazette; and
(ii) in a daily newspaper circulating in each State in which occurs the listed native species, listed ecological community or key threatening process to which the plan relates; and
(iii) in any other way required by the regulations.
(2) The notice must:
(a) set out a copy of the declaration; and
(b) specify the places where copies of the plan, or the plan as varied, may be purchased.
The Commonwealth may give to any person financial assistance, and any other assistance, for implementation of a plan.
The Director must prepare, for inclusion in each annual report the Director prepares under section 9 of the Commonwealth Authorities and Companies Act 1997, a report on:
(a) implementation of plans during the financial year to which the annual report relates; and
(b) preparation of draft plans by the Director during that year.
This Part is about:
(a) conservation agreements between the Commonwealth and persons having interests in Commonwealth areas;
(b) the effect of conservation agreements;
(c) the publication of conservation agreements.
The Director may, on the Commonwealth’s behalf, enter into an agreement, with a person who has an interest in a Commonwealth area, for the conservation and management of:
(a) any listed native species or listed ecological communities that occur in the Commonwealth area; or
(b) any areas within the Commonwealth area that are habitats for such species or communities.
Note: Interest in a Commonwealth area is defined in section 9.
(1) A conservation agreement may, for example, provide for all or any of the following:
(a) controlling or prohibiting, in any areas to which the agreement applies, activities that may disturb species, ecological communities, habitats or potential habitats that the agreement is intended to conserve;
(b) requiring any person bound by the agreement:
(i) not to obstruct access by the Director, or any other person authorised by the Director under the agreement, to areas to which the agreement applies for the purpose of monitoring compliance with the agreement; and
(ii) to give to the Director, or any person so authorised, any information requested by the Director or person that is under the first-mentioned person’s control and is relevant to compliance with the agreement;
(c) the Commonwealth giving financial or other assistance to a person bound by the agreement for the purpose of assisting the person to fulfil the person’s obligations under the agreement.
(2) A conservation agreement that obliges the Commonwealth to give financial assistance to a person is subject to appropriation of money by the Parliament for the purpose.
A conservation agreement is binding on:
(a) the Commonwealth; and
(b) the person with whom the Director entered into the agreement on the Commonwealth’s behalf; and
(c) any other person who is a successor to the whole or any part of the interest that the person referred to in paragraph (b) had, at the time the agreement was entered into, in the Commonwealth areas to which the agreement applies.
(1) As soon as practicable after a conservation agreement has been entered into, the Director must:
(a) take reasonable steps to ensure that copies of the conservation agreement in question are available for purchase, for a reasonable price, at each of the offices of the ANPWS and at one or more other places in each State; and
(b) cause a notice of the agreement to be published:
(i) in the Gazette; and
(ii) in any other way required by the regulations.
(2) The notice must:
(a) state that the conservation agreement has been entered into; and
(b) specify the places where copies of the agreement may be purchased.
The Director must:
(a) maintain an up-to-date list of conservation agreements that are in operation; and
(b) take reasonable steps to ensure that copies of the list are available for purchase, for a reasonable price, at each of the offices of the ANPWS and at one or more other places in each State.
(1) This Part enables the Minister to make conservation orders.
(2) Division 1 is about making interim conservation orders that relate to Commonwealth areas.
(3) Division 2 is about making permanent conservation orders that relate to Commonwealth areas.
(4) Division 3 is about making impact assessment conservation orders that impose requirements that apply while certain procedures are undertaken under the Environment Protection (Impact of Proposals) Act 1974.
Subject to section 58, the Minister may, by instrument in writing, make an interim conservation order:
(a) prohibiting or restricting specified activities on or in:
(i) all Commonwealth areas; or
(ii) specified Commonwealth areas; or
(b) requiring specified persons to take specified action on or in:
(i) all Commonwealth areas; or
(ii) specified Commonwealth areas.
Note: Section 86 prohibits contraventions of interim conservation orders.
(1) The Minister must not make an interim conservation order in relation to a matter at a particular time if, at that time, the Minister has the power under Division 3 to make an impact assessment conservation order in relation to the matter that comes into force immediately after it is made.
(2) The Minister may make an interim conservation order that prohibits, restricts or imposes requirements on an activity that is carried out, or proposed to be carried out, primarily for a commercial purpose only if:
(a) the Minister has given notice of:
(i) his or her intention to make the order; and
(ii) the prohibitions, restrictions or requirements in question;
to each other Minister whose areas of responsibility include a matter that would be affected by such an order; and
(b) subsection (3) does not apply.
(3) This subsection applies if:
(a) a Minister so notified, or another Commonwealth agency, has the power to prohibit, restrict or impose requirements on the activity or proposed activity:
(i) within 24 hours of that Minister being so notified; and
(ii) to the extent specified under subparagraph (2)(a)(ii); and
(b) within the 24 hours:
(i) that Minister or the other Commonwealth agency exercises the power (whether to the same extent, or to a greater or lesser extent, than the extent specified under subparagraph (2)(a)(ii)), or reaches a decision not to exercise the power; and
(ii) that Minister notifies the Minister administering this Act that the power has been exercised or the decision has been reached.
(4) For the purposes of subsection (2), the commercial purposes referred to in that subsection need not be the commercial purposes of the person carrying out, or proposing to carry out, the activity in question.
(1) The Minister may only make an interim conservation order if he or she reasonably believes that it is necessary to make the order, on one or more of the following grounds:
(a) preventing a listed native species or a listed ecological community from becoming further threatened with extinction as a result of the carrying out of particular activities; or
(b) preventing the recovery of a listed native species or a listed ecological community from being impeded by the carrying out of particular activities; or
(c) ensuring that particular activities do not have a serious adverse effect on the successful implementation of a recovery plan or a threat abatement plan; or
(d) ensuring that particular activities do not adversely affect a listed native species or listed ecological community, or habitat significant to the survival of a listed native species or listed ecological community, before an assessment can be made as to whether any other action should be taken under this Act to protect the species, community or habitat.
(2) For the purposes of paragraph (1)(d), activities affecting the habitat of a listed native species or a listed ecological community are relevant only to the extent that they adversely affect features of the habitat that are significant to the survival of the species or community.
In considering whether to make an interim conservation order, the Minister must, so far as is practicable, ensure that the prohibitions, restrictions and requirements in the order will, consistent with the principles of ecologically sustainable development, minimise any significant adverse social and economic impacts, while ensuring that they:
(a) are consistent with furthering the objects of this Act; and
(b) adequately address themselves to the grounds on which the order is made.
(1) Before making an interim conservation order, the Minister:
(a) must seek the Director’s advice on whether it should be made; and
(b) may have regard to any advice of the Advisory Committee on whether it should be made.
(2) The Minister is not required, before making the order, to give notice of his or her intention to make the order to any person who will be affected by the order.
(3) Subsection (2) does not prevent the Minister from giving such notice if he or she thinks fit.
(1) An interim conservation order comes into force:
(a) if a commencement day is specified in the order—on that day; or
(b) otherwise—immediately after it is made.
(2) The order remains in force:
(a) until:
(i) if it prohibits, restricts or imposes requirements on an activity that is carried out, or proposed to be carried out, primarily for a commercial purpose—subject to subsection (3), the end of the period of 28 days after it is made; or
(ii) otherwise—the end of the period of 6 months after it is made; or
(b) until it is revoked by the Minister under section 65 or subsection 66(2);
whichever happens first.
(3) The Minister may renew an interim conservation order of the kind referred to in subparagraph (2)(a)(i) for a further period of 28 days if he or she reasonably believes that it is necessary to renew the order on one or more of the grounds referred to in section 59.
(4) For the purposes of subparagraph (2)(a)(i), the commercial purposes referred to in that subsection need not be the commercial purposes of the person carrying out, or proposing to carry out, the activity in question.
(1) As soon as practicable after making an interim conservation order, the Minister must inform the Director that it has been made.
(2) The Director must, as soon as practicable after being so informed:
(a) cause to be published in the Gazette, in a daily newspaper circulating in each State in which are located Commonwealth areas to which the order relates, and in any other way required by the regulations, a notice containing:
(i) a copy of the order; and
(ii) a statement to the effect that contravention of the order is an offence against this Act; and
(iii) a statement to the effect that a person (other than a Commonwealth agency) who is affected by the order may apply to the Minister, within 28 days of the publication (or within such further period as the Minister allows), for a reconsideration of the order by the Minister; and
(b) take reasonable steps to ensure that each person who the Director knows would be affected by the order is given a notice containing:
(i) a copy of the order; and
(ii) unless the person is a Commonwealth agency or a State agency—a statement to the effect that contravention of the order is an offence against this Act; and
(iii) unless the person is a Commonwealth agency—a statement to the effect that the person may apply to the Minister, within 28 days of being given the notice (or within such further period as the Minister allows), for a reconsideration of the order by the Minister.
(3) Failure to comply with this section does not affect the validity of the order.
(1) A person (other than a Commonwealth agency) who is affected by an interim conservation order may apply to the Minister to reconsider the order.
(2) The application must be in writing.
(3) Subject to subsection (4), the application must be made within 28 days, or within such further period as the Minister allows, after the publication of a copy of the order under paragraph 63(2)(a).
(4) If the person is given a copy of the order after that publication, the period of 28 days within which that person must make the application is taken to begin on the day on which the person received the notice.
(1) Within one month after receiving such an application, the Minister must:
(a) seek the Director’s advice on the application; and
(b) reconsider the order; and
(c) by instrument in writing, confirm, revoke or vary the order; and
(d) inform the Director accordingly.
(2) As soon as practicable after being so informed, the Director must:
(a) notify the applicant in writing of the result of the reconsideration; and
(b) if the order is revoked or varied—cause to be published in the Gazette, and in any other way required by the regulations, a notice:
(i) stating that the order has been revoked or varied, as the case requires; and
(ii) if the order is varied—setting out a copy of the order as so varied.
(3) The Minister may at any time revoke the order even if an application for its reconsideration has not been made.
(4) The Minister must not revoke the order under this section unless he or she is satisfied that none of the grounds set out in section 59 apply in relation to the order.
(5) The Minister must not vary the order unless he or she is satisfied that the order as varied adequately addresses the grounds set out in section 59 that apply in relation to the order at the time of the variation.
(6) Immediately after a variation of the order, the order continues in force as so varied.
(1) If the Director is satisfied that the environmental protections that an interim conservation order gives could be given by one or more appropriate conservation agreements, the Director must take reasonable steps to negotiate and enter into such conservation agreements.
(2) If:
(a) the Director has entered into such conservation agreements; and
(b) the Minister is satisfied that the agreements give the same environmental protections that the order gives;
the Minister must:
(c) by instrument in writing, revoke the order; and
(d) inform the Director accordingly.
(3) As soon as practicable after being so informed, the Director must cause to be published:
(a) in the Gazette; and
(b) in any other way required by the regulations;
a notice stating that the order has been revoked.
(4) In this section:
environmental protection means a protective measure that the order contains relating to any of the following:
(a) a native species;
(b) an ecological community;
(c) habitat of such a species or community;
(d) a recovery plan;
(e) a threat abatement plan.
(1) The Director may assist a person (other than a Commonwealth agency) to comply with prohibitions, restrictions or requirements imposed on a person by an interim conservation order.
(2) The assistance may take any one or more of the following forms:
(a) payment of money;
(b) provision of goods;
(c) provision of labour;
(d) provision of other services.
(3) The value of the assistance must not exceed that which the Director thinks are the reasonable and direct costs of complying with the prohibitions, restrictions or requirements in question.
(4) Assistance given under this section must be taken into account in determining compensation payable under section 172.
The Minister may, by instrument in writing, make a permanent conservation order:
(a) prohibiting or restricting specified activities on or in:
(i) all Commonwealth areas; or
(ii) specified Commonwealth areas; or
(b) requiring specified persons to take specified action on or in:
(i) all Commonwealth areas; or
(ii) specified Commonwealth areas.
Note: Section 86 prohibits contraventions of permanent conservation orders.
(1) The Minister may only make a permanent conservation order if he or she reasonably believes that it is necessary to make the order on one or more of the following grounds:
(a) preventing a listed native species or a listed ecological community from becoming further threatened with extinction as a result of the carrying out of particular activities; or
(b) preventing the recovery of a listed native species or a listed ecological community from being impeded by the carrying out of particular activities; or
(c) ensuring that particular activities do not have a serious adverse effect on the successful implementation of a recovery plan or a threat abatement plan; or
(d) ensuring that particular activities do not adversely affect a listed native species or listed ecological community, or habitat significant to the survival of a listed native species or listed ecological community, before an assessment can be made as to whether any other action should be taken under this Act to protect the species, community or habitat.
(2) For the purposes of paragraph (1)(d), activities affecting the habitat of a listed native species or a listed ecological community are relevant only to the extent that they adversely affect features of the habitat that are significant to the survival of the species or community.
In considering whether to make a permanent conservation order, the Minister must be satisfied that such action for the conservation of the listed native species or listed ecological community in question is justified, having regard to economic and social considerations that are consistent with the principles of ecologically sustainable development.
Before making a permanent conservation order, the Minister:
(a) must seek the Director’s advice on whether it should be made; and
(b) may have regard to any advice of the Advisory Committee on whether it should be made.
(1) Subject to subsection (2), a permanent conservation order comes into force:
(a) if a commencement day is specified in the order—on that day; or
(b) otherwise—immediately after it is made.
(2) If the order overlaps an interim conservation order that is in force, the order:
(a) does not come into force if the interim conservation order is revoked under section 65 or subsection 66(2); and
(b) in any other case—comes into force immediately after the end of the period of 6 months after the interim conservation order was made.
(3) For the purposes of subsection (2), the order overlaps an interim conservation order if they are the same in relation to:
(a) the activities (if any) that they prohibit or restrict; and
(b) the persons (if any) on whom they impose requirements; and
(c) the Commonwealth areas to which they apply.
(4) The order remains in force until it is revoked by the Minister.
(1) The Minister must:
(a) at intervals of not more than 5 years, review the permanent conservation order; and
(b) after each review, confirm, vary or revoke the order by instrument in writing.
(2) Before reviewing the order, the Minister must seek the Director’s advice on the review.
(3) The Minister must not revoke the order unless he or she is satisfied that none of the grounds set out in section 69 apply in relation to the order.
(4) The Minister must not vary the order unless he or she is satisfied that the order as varied adequately addresses the grounds set out in section 69 that apply in relation to the order at the time of the variation.
(5) Immediately after a variation of the order, the order continues in force as so varied.
(1) As soon as practicable after making or reviewing a permanent conservation order, the Minister must cause the Director to be informed of the making of the order, or the decision on the review, as the case requires.
(2) The Director must, as soon as practicable after being so informed:
(a) cause to be published in the Gazette, in a daily newspaper circulating in each State in which are located Commonwealth areas to which the order relates, and in any other way required by the regulations, a notice containing:
(i) a copy of the order; and
(ii) a statement to the effect that contravention of the order is an offence against this Act; and
(iii) if applicable, a statement of the decision on the review; and
(iv) a statement to the effect that a person (other than a Commonwealth agency) who is affected by the order may apply to the Minister, within 28 days of the publication (or within such further period as the Minister allows), for a reconsideration of the order by the Minister; and
(b) take all reasonable steps to ensure that each person who the Director knows would be affected by the order is given a notice containing:
(i) a copy of the order; and
(ii) if applicable, a statement of the decision on the review; and
(iii) unless the person is a Commonwealth agency or a State agency—a statement to the effect that contravention of the order is an offence against this Act; and
(iv) unless the person is a Commonwealth agency—a statement to the effect that the person may apply to the Minister, within 28 days of being given the notice (or within such further period as the Minister allows), for a reconsideration of the order by the Minister.
(3) Failure to comply with this section does not affect the validity of the order.
(1) A person (other than a Commonwealth agency) who is affected by a permanent conservation order, or by the decision on a review of a permanent conservation order, may apply to the Minister to reconsider the order or the decision, as the case requires.
(2) The application must be in writing.
(3) Subject to subsection (4), the application must be made within 28 days, or within such further period as the Minister allows, after the publication under paragraph 74(2)(a) of the notice relating to the making of the order or conduct of the review.
(4) If the person is given a copy of the order after that publication, the period of 28 days within which that person must make the application is taken to commence on the day on which the person received the notice.
(1) Upon receiving the application, the Minister must:
(a) seek the Director’s advice on the application; and
(b) reconsider the permanent conservation order or the decision on review, as the case requires; and
(c) by instrument in writing:
(i) confirm, vary or revoke the order; or
(ii) confirm or vary the decision on review; and
(d) cause the Director to be informed accordingly.
(2) As soon as practicable after being so informed, the Director must:
(a) notify the applicant in writing of the result of the reconsideration; and
(b) if the order is revoked or varied or the decision on review is varied—cause to be published in the Gazette, and in any other way required by the regulations, a notice:
(i) stating that fact; and
(ii) in the case of a variation—setting out a copy of the order or decision as so varied.
(3) Immediately after a variation of the order, the order continues in effect as so varied.
(1) The Director may assist a person (other than a Commonwealth agency) to comply with prohibitions, restrictions or requirements imposed on a person by a permanent conservation order.
(2) The assistance may take any one or more of the following forms:
(a) payment of money;
(b) provision of goods;
(c) provision of labour;
(d) provision of other services.
(3) The value of the assistance must not exceed that which the Director thinks are the reasonable and direct costs of complying with the prohibitions, restrictions or requirements in question.
(4) Assistance given under this section must be taken into account in determining compensation payable under section 172.
This Division applies to:
(a) a Commonwealth agency that is taking, or proposes to take, action that, under section 5A of the Environment Protection (Impact of Proposals) Act 1974, is taken to be a matter affecting the environment to a significant extent within the meaning of section 5 of that Act; and
(b) if that action or proposed action involves the Commonwealth agency giving a governmental approval that is required before a particular proposed activity is permitted under the law of the Commonwealth or a Territory—the person proposing to carry out the activity.
(1) The Minister may, by instrument in writing, make an impact assessment conservation order:
(a) prohibiting or restricting specified activities by the Commonwealth agency; or
(b) requiring the Commonwealth agency to take specified action; or
(c) subject to subsection (2), prohibiting or restricting specified activities by a person, being activities that constitute the whole or part of, or are connected with, an activity of the kind referred to in paragraph 78(b) that the person proposes to carry out.
(2) An order under paragraph (1)(c) must only relate to activities that the Minister is satisfied:
(a) are proposed to be carried out before the end of the period referred to in paragraph 83(3)(a); and
(b) would, if carried out before the end of that period, frustrate the operation of the Environment Protection (Impact of Proposals) Act 1974.
Note: Sections 86 and 100 prohibit contraventions of impact assessment conservation orders.
(1) The Minister may only make an impact assessment conservation order if he or she reasonably believes that it is necessary to make the order on one or more of the following grounds:
(a) preventing a listed native species or a listed ecological community from becoming further threatened with extinction as a result of the carrying out of particular activities; or
(b) preventing the recovery of a listed native species or a listed ecological community from being impeded by the carrying out of particular activities; or
(c) ensuring that particular activities do not have a serious adverse effect on the successful implementation of a recovery plan or a threat abatement plan; or
(d) ensuring that particular activities do not adversely affect a listed native species or listed ecological community, or habitat significant to the survival of a native listed species or listed ecological community, before an assessment can be made as to whether any other action should be taken under this Act to protect the species, community or habitat.
(2) For the purposes of paragraph (1)(d), activities affecting the habitat of a listed native species or a listed ecological community are relevant only to the extent that they adversely affect features of the habitat that are significant to the survival of the species or community.
In considering whether to make an impact assessment conservation order, the Minister must, so far as is practicable, ensure that the prohibitions, restrictions and requirements in the order will, consistent with the principles of ecologically sustainable development, minimise any significant adverse social and economic impacts, while ensuring that they:
(a) are consistent with furthering the objects of this Act; and
(b) adequately address themselves to the grounds on which the order is made.
(1) Before making an impact assessment conservation order, the Minister:
(a) must seek the Director’s advice on whether it should be made; and
(b) may have regard to any advice of the Advisory Committee on whether it should be made.
(2) The Minister is not required, before making the order, to give notice of his or her intention to make the order to any person who will be affected by the order.
(3) Subsection (2) does not prevent the Minister from giving such notice if he or she thinks fit.
(1) Subject to subsection (2), an impact assessment conservation order comes into force:
(a) if a commencement day is specified in the order—on that day; or
(b) otherwise—immediately after it is made.
(2) If the day on which the order would come into force under subsection (1) is earlier than the day on which the Department administered by the Minister is notified, under the EPIP administrative procedures, of the proposed action referred to in section 78, the order comes into force on the day the Department is so notified.
(3) The order remains in force:
(a) until the EPIP administrative procedures have been complied with in relation to the proposed action referred to in section 78, except so far as the procedures relate to review of environmental aspects of the proposed action; or
(b) the order is revoked by the Minister;
whichever happens first.
(4) In this section:
EPIP administrative procedures means the administrative procedures that are in force under section 6 of the Environment Protection (Impact of Proposals) Act 1974.
(1) As soon as practicable after making an impact assessment conservation order, the Minister must inform the Director of the making of the order.
(2) The Director must, as soon as practicable after being so informed:
(a) cause to be published in the Gazette, in a daily newspaper circulating in each State in which are located Commonwealth areas to which the order relates, and in any other way required by the regulations, a notice containing a copy of the order; and
(b) take reasonable steps to ensure that each Commonwealth agency that the Director knows would be affected by the order is given a copy of the order.
(3) Failure to comply with this section does not affect the validity of the order.
(1) This Part imposes obligations on persons (particularly Commonwealth agencies) in order to:
(a) protect listed native species and listed ecological communities; and
(b) ensure the effectiveness of protective measures adopted under Parts 3 and 5.
(2) Division 1 imposes obligations on all persons relating to:
(a) contravention of conservation orders; and
(b) protection of members of listed native species.
(3) Division 2 provides for the Director, in limited circumstances, to issue permits allowing acts such as the taking of listed native species.
(4) Division 3 imposes additional obligations on Commonwealth agencies relating to contravention of recovery plans, threat abatement plans and impact assessment conservation orders.
(5) Division 4 concerns the Minister’s role in advising whether proposed actions breach obligations imposed by this Part.
(6) Division 5 concerns repair of damage caused by breaching of this Act or its protective measures, and liability for the costs of repair.
(1) A person must not knowingly or recklessly contravene:
(a) an interim conservation order; or
(b) a permanent conservation order; or
(c) an impact assessment order made under paragraph 79(1)(c).
Penalty: $50,000.
(2) If a person believes that taking action that he or she proposes to take may contravene a particular interim conservation order or permanent conservation order, the person may seek the Minister’s advice under subsection 104(4) on whether the order would be contravened by taking that action.
(3) The person does not contravene the order if he or she acts in accordance with advice given to him or her under subsection 104(4) to the effect that the order would not be contravened.
(1) Subject to subsection (4), a person must not knowingly or recklessly take, trade, keep, or move any member of a listed native species that is in or on a Commonwealth area.
Penalty: $50,000.
(2) Subject to subsection (4), a person must not knowingly or recklessly trade, keep or move any member of a listed native species that has been taken in or on a Commonwealth area.
Penalty: $50,000.
(3) If a person carries out an activity that results, directly or indirectly, in the taking (otherwise than knowingly or recklessly) of one or more members of a listed native species in or on a Commonwealth area, the person must, as soon as practicable after becoming aware of the taking, give the Director a written notice that:
(a) informs the Director that the activity resulted in the taking; and
(b) contains such other particulars relating to the taking (for example, the time and place of the taking) as are specified in the regulations.
Penalty: $10,000.
(4) This section does not apply to an act:
(a) that is done in accordance with a permit issued by the Director under section 89; or
(b) that is provided for in a recovery plan or threat abatement plan for the purposes of its implementation; or
(c) that is done in accordance with a governmental approval given or made under:
(i) the Great Barrier Reef Marine Park Act 1975; or
(ii) the National Parks and Wildlife Conservation Act 1975; or
(iii) the Wildlife Protection (Regulation of Exports and Imports) Act 1982; or
(iv) the Whale Protection Act 1980; or
(d) that is done by a Commonwealth agency or State agency and is reasonably necessary for the purposes of law enforcement.
(5) In this section:
keep, in relation to a member of a listed native species, means:
(a) in the case of a species of fauna—have charge or possession of the member of the species either in captivity or in a domesticated state; or
(b) in the case of a species of flora—have possession of the member of the species.
member of a listed native species includes, in the case of a species of fauna, the whole or part of the dead body of a member of the species.
take includes kill, destroy, damage or collect.
trade includes:
(a) buy, agree to receive under an agreement to buy, agree to accept under such an agreement or acquire by barter; or
(b) sell, offer for sale, agree to sell, have in one’s possession for the purpose of sale, deliver for the purpose of sale, receive for the purpose of sale or dispose of by barter for the purpose of gain or advancement; or
(c) export from Australia or import into Australia; or
(d) cause or allow any of the acts referred to in paragraph (a), (b) or (c) to be done.
(1) A person may apply in writing to the Director for a permit to be issued under section 89.
(2) The application may be made:
(a) on the applicant’s own behalf; or
(b) on behalf of one or more other specified persons; or
(c) on behalf of the members, from time to time, of a specified group of persons.
(3) The application:
(a) must be in the form prescribed by the regulations; and
(b) must be accompanied by the fee prescribed by the regulations.
(4) The fee prescribed by the regulations must not be such as to amount to taxation.
(1) Subject to this Division, the Director may, in writing, issue a permit to a person under which:
(a) the person or persons on whose behalf the application for the permit was made; or
(b) if the application was made on behalf of the members, from time to time, of a specified group of persons—any person who is, at the relevant time, a member of the group of persons specified in the permit;
the person or persons may do the acts specified in the permit without breaching section 87.
(2) The Director may include in the permit any conditions to which the permit is subject, including (for example) conditions stating the period within which the acts specified in the permit may be done.
(3) The Director must not issue the permit unless satisfied that the acts specified in the permit:
(a) will significantly contribute to the conservation of the listed native species concerned or another listed native species; or
(b) are merely incidental to other acts and will not:
(i) appreciably reduce the survival or recovery in nature of the listed native species concerned; or
(ii) be inconsistent with a recovery plan for the species that is in force; or
(c) are of particular significance to Aboriginal or Torres Strait Islander tradition and will not appreciably reduce the survival or recovery in nature of the listed native species concerned; or
(d) are necessary in order to control pathogens and are conducted in a way that will, so far as is practicable, keep to a minimum any impact on the listed native species concerned.
(4) In this section:
Aboriginal means a member of the Aboriginal race of Australia.
Aboriginal or Torres Strait Islander tradition means the body of traditions, observances, customs and beliefs of Aboriginals and Torres Strait Islanders generally or of a particular group of Aboriginals or Torres Strait Islanders.
Torres Strait Islander means a descendant of an indigenous inhabitant of the Torres Strait Islands.
(1) The Director must, at intervals of not more than 12 months, cause to be published in the Gazette and in a national daily newspaper a notice inviting applications from persons or bodies wishing to be registered for receipt of advice on applications for permits.
(2) The Director must register any person or body that applies in writing for registration.
(3) Registration has effect for the period specified in the notice.
(4) As soon as practicable after receiving an application under section 88, the Director must cause a notice of the application to be given to each person registered under this section.
(5) The notice must:
(a) state that an application for a permit has been made; and
(b) set out details of the application; and
(c) invite persons to make written submissions to the Director about whether a permit should be issued; and
(d) specify:
(i) an address for lodgment of submissions; and
(ii) a day by which submissions must be lodged.
(6) The day specified must not be a day occurring within 5 days after the last day on which the notice was given.
(7) In making a decision on the application, the Director must consider all written submissions made by persons or bodies registered under this section to the Director on or before the day, and at the address for lodgment, specified in the notice.
(1) The Director must:
(a) decide whether to issue, or refuse to issue, a permit; and
(b) inform the applicant, by notice in writing, of the decision;
within 90 days after receiving the application.
(2) The Director is taken to have made a decision to refuse the application if he or she has not informed the applicant of the decision on the application before the end of the period of 90 days.
(1) The Director may cancel a permit if:
(a) the person to whom the permit was issued is convicted of:
(i) an offence against section 87; or
(ii) an offence against the Wildlife Protection (Regulation of Exports and Imports) Act 1982; or
(iii) an offence against section 6, 7 or 7A, or subsection 86(1), of the Crimes Act 1914 that relates to section 87 of this Act or to the Wildlife Protection (Regulation of Exports and Imports) Act 1982; or
(b) the Director is satisfied that:
(i) the grounds set out in subsection 89(3) on which the permit was issued no longer apply; and
(ii) none of the other grounds set out in subsection 89(3) apply.
(2) The Director must give written notice of the cancellation to the person to whom the permit was issued.
(1) The notice informing a person of a decision to issue, or refusing to issue, a permit, or a decision cancelling a permit, must contain:
(a) a statement to the effect that the applicant may apply to the Minister, within 28 days after receiving the notice, for a reconsideration of the decision; and
(b) a statement to the effect that, if the applicant has applied for a reconsideration and is dissatisfied with the Minister’s decision on that reconsideration, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision; and
(c) a statement to the effect that the applicant may request a statement under section 28 of that Act in relation to the decision on that reconsideration.
(2) Failure to comply with this section does not affect the validity of the decision.
(1) The person given the notice may apply to the Minister to reconsider the Director’s decision.
(2) The application must be in writing.
(3) The application must be made within 28 days, or such further period as the Minister allows, after the applicant received notice of the decision.
(1) Upon receiving the application for reconsideration, the Minister must:
(a) reconsider the decision; and
(b) by instrument in writing:
(i) if the decision is to refuse to issue a permit—confirm the decision, or vary the decision and direct the Director to issue a permit in the terms specified by the Minister; or
(ii) if the decision is to issue a permit—confirm the decision, or vary the decision and direct the Director to issue a fresh permit in the terms specified by the Minister; or
(iii) if the decision is to cancel a permit—confirm or revoke the decision.
(2) In reconsidering the decision, the Minister is to have regard to the grounds set out in subsection 89(3) for issuing a permit.
(3) The Minister must not, under subparagraph (1)(a)(ii), vary a decision in a way that makes it less favourable to the applicant, unless the Minister is satisfied that changes in the circumstances under which the permit was issued have made such a variation necessary.
(4) As soon as practicable after being so informed, the Director must:
(a) notify the applicant in writing of the result of the reconsideration; and
(b) if a decision to issue, or refusing to issue, a permit is varied—issue a permit, or fresh permit, as directed.
(5) The notice under paragraph (4)(a) must include:
(a) a statement to the effect that, if the applicant is dissatisfied with the decision on that reconsideration, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision; and
(b) a statement to the effect that the applicant may request a statement under section 28 of that Act in relation to the decision on that reconsideration.
(6) Failure to comply with subsection (5) does not affect the validity of the decision on the reconsideration.
(7) If the applicant is not notified of the result of the reconsideration within the period of 28 days after the Minister received the application, the Minister is taken, at the end of that period, to have confirmed the decision on the application.
Applications may be made to the Administrative Appeals Tribunal to review:
(a) a decision to issue, or refusing to issue, a permit; or
(b) a decision cancelling a permit;
if the Minister has confirmed or varied the decision under subsection 95(1).
(1) A person to whom a permit was issued may, at any time, surrender the permit by:
(a) returning the permit to the Director; and
(b) giving the Director written notice that the permit is surrendered.
(2) The surrender of the permit takes effect (unless the permit is sooner cancelled):
(a) if a day of effect is stated in the notice—at the end of that day; or
(b) otherwise—at the end of the day on which the notice is given.
The Director must give to any person who so requests written details of:
(a) permits that have been issued; and
(b) applications for permits that have been refused.
Subject to section 101, a Commonwealth agency must not take any action that contravenes a recovery plan or threat abatement plan.
Subject to section 101, a Commonwealth agency must not take any action that contravenes an impact assessment conservation order made under paragraph 79(1)(a) or (b).
A Commonwealth agency does not contravene section 99 or 100 if it acts in accordance with advice given to it by the Minister under subsection 104(4) to the effect that the section would not be contravened.
If a law of a State relating to protection of native species or ecological communities, or the habitats of such species or communities, does not apply to a Commonwealth agency solely because it is a Commonwealth agency, the Commonwealth agency must, in taking any action or making any decision, have regard to the desirability of complying with the requirements of that law.
(1) If a Commonwealth agency (other than the Minister) believes that action that it proposes to take may be action to which section 99 or 100 applies, the Commonwealth agency must notify the Minister in writing of the proposed action and the grounds for its belief.
(2) The Commonwealth agency must not take the action before it receives the Minister’s advice under subsection 104(4).
(1) This section applies to a proposed action if:
(a) the Minister is notified of it under section 103; or
(b) without being so notified, the Minister forms the opinion that section 99 or 100 applies to the proposed action; or
(c) it is referred to the Minister under section 86 for the Minister’s advice on whether it would contravene an interim conservation order, permanent conservation order or impact assessment conservation order.
(2) If this section applies to a proposed action because of the operation of paragraph (1)(b), the Minister must, in writing, notify the Commonwealth agency that proposes to take the action of the Minister’s intention to refer the matter to the Director under paragraph (4)(a).
(3) A person who proposes to take the action may make written submissions to the Minister about the proposed action.
(4) The Minister must:
(a) refer the proposed action, together with any submissions received by the Minister about the proposed action, to the Director; and
(b) after considering the Director’s advice on the matter, give to:
(i) the Commonwealth agency concerned, and any person who made submissions; or
(ii) the person who sought the Minister’s advice under section 86;
as the case requires, a written notice of the Minister’s advice on the proposed action.
(1) The notice of advice must state whether the Minister thinks that:
(a) section 99 or 100 applies to the proposed action; or
(b) the proposed action would contravene an interim conservation order or a permanent conservation order;
whichever is applicable.
(2) If the notice of advice is given to a person who is not a Commonwealth agency, it must include:
(a) a statement to the effect that, if the person is dissatisfied with the Minister’s decision to give that advice, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision; and
(b) a statement to the effect that the person may request a statement under section 28 of that Act in relation to the decision.
(1) Applications may be made to the Administrative Appeals Tribunal for review of the Minister’s decision to give the advice.
(2) Despite section 27 of the Administrative Appeals Tribunal Act 1975, applications are not to be made by or on behalf of Commonwealth agencies.
(1) If the Director suspects that an act or omission constitutes an offence against this Act, or a breach of a recovery plan, threat abatement plan or conservation agreement, the Director may cause to be taken such steps as the Director thinks proper:
(a) to repair or remove any condition arising from that act or omission; or
(b) to mitigate any damage arising from that act or omission; or
(c) to prevent any damage likely to arise from that act or omission.
(2) This section does not authorise anything to be done outside a Commonwealth area unless it affects the Commonwealth area.
(3) Nothing in this section affects the exercise by the Commonwealth or the Director of powers under another provision of this Act or under any other law.
(1) Subject to this section, if:
(a) a person has been convicted of an offence against this Act; and
(b) the Commonwealth or the Director has incurred expenses or other liabilities in relation to rectifying the act or omission constituting the offence;
the person convicted is liable to pay to the Commonwealth or to the Director, as the case requires, an amount equal to the total amount of those expenses or liabilities.
(2) If 2 or more persons would be liable to pay an amount under subsection (1) in respect of the same expenses or liabilities, those persons are jointly and severally liable to pay the total amount.
(3) If the total amount of expenses or liabilities incurred by the Commonwealth or the Director exceeds an amount that was reasonable in the circumstances, a person is not liable under this section to pay the amount of the excess.
(4) A reference in this section to rectifying an act or omission is a reference to the taking of steps (whether in the exercise of powers conferred by section 107, by any provision of this Act or by another law):
(a) to repair or remove any condition arising from that act or omission; or
(b) to mitigate any damage arising from that act or omission; or
(c) to prevent any damage likely to arise from that act or omission.
If a person is convicted of an offence against this Act because of the application of section 5, 6, 7 or 7A, or subsection 86(1), of the Crimes Act 1914 in relation to a contravention or possible contravention of this Act, section 108 of this Act has effect as if the reference in paragraph 108(1)(b) to an offence were a reference to the contravention or possible contravention to which the offence relates.
If a person is convicted before a court of an offence against this Act, the court may (whether or not it has imposed a penalty on the person) order the person to pay an amount that the person is liable to pay under section 108.
(1) If the court that made the order has civil jurisdiction to the extent of the amount, the order is enforceable in all respects as a final judgment of the court in favour of the Commonwealth or the Director, as the case requires.
(2) If the court that made the order:
(a) does not have civil jurisdiction; or
(b) has civil jurisdiction, but not to the extent of the amount;
a proper officer of the court must issue to the Minister or the Director, as the case requires, a certificate in the prescribed form containing the prescribed particulars.
(3) The certificate may, in a prescribed manner and subject to the prescribed conditions (if any), be registered in a court having civil jurisdiction to the extent of the amount ordered to be paid to the Commonwealth or the Director, as the case requires.
(4) Upon registration under subsection (3), the certificate is enforceable in all respects as a final judgment of the court in favour of the Commonwealth or the Director, as the case requires.
(5) Subject to the prescribed conditions (if any), the cost of registration of the certificate and other proceedings under this section are taken to be payable under the certificate.
Making an order under section 110 in respect of an expense or liability incurred in relation to rectifying an act or omission does not prevent the making of an order under section 110 in respect of another expense or liability incurred in relation to rectifying that act or omission.
(1) This Part is about the administration of this Act, and confers certain powers of enforcement to ensure compliance with this Act.
(2) Division 1 is about the administrative responsibilities of the Director of the ANPWS.
(3) Division 2 enables officers to investigate offences under this Act.
(4) Division 3 enables the Federal Court, on the application of the Director or interested persons, to grant injunctions about contraventions of this Act.
The Director has the general administration of this Act.
In addition to the functions of the Director under section 16 of the National Parks and Wildlife Services Act 1975, the Director has such additional functions as are conferred on the Director under this Act.
Subject to any directions of the Minister, the Director may, by written instrument, delegate to a staff member of the ANPWS all or any of the Director’s powers under this Act.
The Director must not perform any functions or exercise any powers under this Act in a part of the Great Barrier Reef Marine Park without first consulting the Great Barrier Reef Marine Park Authority.
In this Division, unless the contrary intention appears:
aircraft means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include a hovercraft.
animal means any member, alive or dead, of the animal kingdom (other than a human being), and includes:
(a) eggs or parts of eggs; and
(b) the skin, feathers, horns, flesh or any other part of such an animal.
article includes a substance or a mixture of substances.
Australian aircraft means an aircraft that is in Australian control or is registered under the Air Navigation Regulations as an Australian aircraft.
Australian national means:
(a) an Australian citizen; or
(b) a body corporate established by or under a law of the Commonwealth or of a State or Territory.
Australian vessel means a vessel that is registered under the Shipping Registration Act 1981.
foreign vessel means a vessel other than an Australian vessel.
hovercraft means a vehicle designed to be supported on a cushion of air.
identity card in relation to an officer who is not a member of a police force, means an identity card issued to the officer under:
(a) section 39 of the National Parks and Wildlife Conservation Act 1975; or
(b) section 45 of the Great Barrier Reef Marine Park Act 1975.
in Australian control means in the control or possession of one or more of any of the following:
(a) the Commonwealth (including an arm of the Defence Force) or a State or Territory;
(b) a corporation established for a public purpose by or under a law of the Commonwealth or of a State or Territory;
(c) a company or other body corporate incorporated under a law of a State or Territory, being a company or other body corporate in which the Commonwealth has a controlling interest.
officer means a person who is:
(a) a warden for the purposes of the National Parks and Wildlife Conservation Act 1975; or
(b) an inspector for the purposes of the Great Barrier Reef Marine Park Act 1975, other than a person who may only exercise powers under Part VIIA of that Act.
plant means any member, alive or dead, of the plant kingdom or of the fungus kingdom, and includes seeds and parts of a plant.
seize includes secure against interference.
vehicle includes a hovercraft.
vessel means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through or on water, but does not include a hovercraft.
(1) The powers conferred by this Division may be exercised anywhere within or outside Australia in relation to:
(a) Australian nationals; or
(b) Australian aircraft and Australian vessels; or
(c) the members of the crew (including persons in charge) of Australian aircraft and Australian vessels.
(2) Subject to this section, the powers conferred by this Division may be exercised (other than in relation to a person, aircraft or vessel of a kind mentioned in subsection (1)) anywhere:
(a) in Australia; or
(b) on or in the Australian coastal sea; or
(c) on, or in the waters above, the continental shelf of Australia; or
(d) on or in the Australian fishing zone.
(3) On, or in the waters above, the continental shelf of Australia, the powers conferred by this Division may only be exercised, as provided for in subsection (2), in relation to an offence against this Act committed:
(a) on, or in the waters above, the continental shelf of Australia; or
(b) in a park, reserve or conservation zone declared under section 7 or 8A of the National Parks and Wildlife Conservation Act 1975.
(4) On or in the Australian fishing zone, the powers conferred by this Division may only be exercised, as provided for in subsection (2), in relation to an offence against this Act committed on or in the Australian fishing zone.
(5) Nothing in subsection (2), (3) or (4) affects the operation of section 128.
(1) An officer may, without warrant, arrest a person if the officer has reasonable grounds to believe:
(a) that the person has committed an offence against this Act; and
(b) that proceedings against the person by summons would not be effective.
(2) An officer (other than a member of a police force who is in uniform) who arrests a person under subsection (1) must:
(a) in the case of a member of a police force—produce, for inspection by the person, written evidence of the fact that the officer is a member of a police force; or
(b) in any other case—produce the officer’s identity card for inspection by the person.
(3) Nothing in this section prevents the arrest of a person under any other law.
(1) If a court convicts a person of an offence against this Act, the court may order the forfeiture to the Commonwealth of any vehicle, aircraft, vessel or article used or otherwise involved in the commission of the offence.
(2) In considering whether it is appropriate to make such an order in respect of a vehicle, aircraft, vessel or article, the court may have regard to:
(a) any hardship that may reasonably be expected to be caused to any person by the operation of such an order; and
(b) the use that is ordinarily made, or was intended to be made, of the vehicle, aircraft, vessel or article; and
(c) the gravity of the offence concerned.
(3) An officer may:
(a) seize any vehicle, aircraft, vessel or article that the officer reasonably believes to have been used or otherwise involved in the commission of an offence against this Act; and
(b) retain it until:
(i) the end of the period of 60 days after the seizure; or
(ii) if proceedings for an offence against this Act in the commission of which it may have been used or otherwise involved are instituted within that period—the proceedings (including any appeal to a court in relation to those proceedings) are completed.
(4) The Director may authorise a vehicle, aircraft, vessel or article seized under subsection (3) to be released to its owner, or to the person from whose possession it was seized, either:
(a) unconditionally; or
(b) on such conditions as the Director thinks fit, including conditions as to giving security for payment of its value if it is forfeited.
(5) A vehicle, aircraft, vessel or article forfeited under this section may be sold or otherwise disposed of as the Director thinks fit.
(6) An officer may seize:
(a) any animal or plant that the officer reasonably believes to have been killed or taken in contravention of this Act; or
(b) any animal or plant that the officer reasonably believes to have been used or otherwise involved in the commission of an offence against this Act.
(7) If an animal or plant has been seized under subsection (6), the Director may cause it to be:
(a) retained; or
(b) sold or otherwise disposed of.
(8) If an animal or plant seized under subsection (6) was not killed or taken in contravention of this Act or used or otherwise involved in the commission of an offence against this Act, any person who has suffered loss or damage because of the seizure is entitled to reasonable compensation.
(1) This section applies in relation to a vehicle, aircraft or vessel if:
(a) an officer believes on reasonable grounds that there is in or on the vehicle, aircraft or vessel:
(i) anything in respect of which an offence against this Act has been committed; or
(ii) anything that may afford evidence about the commission of an offence against this Act; or
(b) the vehicle, aircraft or vessel is in a Commonwealth area in which an interim conservation order or a permanent conservation order is in force, and a search of the vehicle, aircraft or vessel is reasonably necessary for the purpose of ascertaining whether there is in that vehicle, aircraft or vessel:
(i) anything in respect of which an offence against this Act has been committed; or
(ii) anything that may afford evidence about the commission of an offence against this Act.
(2) The officer may:
(a) stop and detain the vehicle or vessel, or detain the aircraft, as the case requires; and
(b) search the vehicle, aircraft or vessel; and
(c) break open and search any compartment, container or other receptacle, in or on the vehicle, vessel or aircraft, in which the officer suspects on reasonable grounds there to be anything of a kind referred to in subsection (1); and
(d) examine and seize:
(i) anything in respect of which the officer suspects on reasonable grounds an offence against this Act has been committed; or
(ii) anything that the officer suspects on reasonable grounds may afford evidence about the commission of an offence against this Act.
(3) An officer (other than a member of a police force who is in uniform) who stops or proposes to search or detain a vehicle, aircraft or vessel must:
(a) in the case of a member of a police force—produce, for inspection by the person in charge of the vehicle, aircraft or vessel, written evidence of the fact that the officer is a member of a police force; or
(b) in any other case—produce the officer’s identity card for inspection by the person;
and, if the officer fails to do so, he or she is not authorised to search or detain the vehicle, aircraft or vessel.
(1) This section applies in relation to land or premises if:
(a) an officer suspects on reasonable grounds that there is on the land or premises:
(i) anything in respect of which an offence against this Act has been committed; or
(ii) anything that may afford evidence about the commission of an offence against this Act; or
(b) the land or premises are in a Commonwealth area in which an interim conservation order or a permanent conservation order is in force, and a search of the land or premises is reasonably necessary for the purpose of ascertaining whether there is on the land or premises:
(i) anything in respect of which an offence against this Act has been committed; or
(ii) anything that may afford evidence about the commission of an offence against this Act.
(2) The officer may, with the consent of the owner or occupier of the land or premises or under a warrant issued under section 124:
(a) enter the land or premises; and
(b) search the land or premises; and
(c) break open and search a cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, in which the officer suspects on reasonable grounds there to be anything of a kind referred to in subsection (1); and
(d) examine and seize:
(i) anything in respect of which the officer suspects on reasonable grounds an offence against this Act has been committed; or
(ii) anything that the officer suspects on reasonable grounds may afford evidence about the commission of an offence against this Act.
(3) An officer (other than a member of a police force who is in uniform) who proposes to enter land or premises under subsection (2) must:
(a) in the case of a member of a police force—produce, for inspection by the owner or occupier of the land or premises, written evidence of the fact that the officer is a member of a police force; or
(b) in any other case—produce the officer’s identity card for inspection by the owner or occupier;
and, if the officer fails to do so, he or she is not authorised to enter the land or premises.
(4) If the entry is under a warrant issued under section 124, the officer is taken not to have complied with subsection (3), unless he or she also produces the warrant for inspection by the owner or occupier.
(1) If:
(a) an information on oath is laid before a magistrate alleging that an officer suspects on reasonable grounds that there may be, in or on land or premises:
(i) anything in respect of which an offence against this Act has been committed; or
(ii) anything that may afford evidence about the commission of an offence against this Act; and
(b) the information sets out those grounds;
the magistrate may issue a search warrant authorising an officer named in the warrant, with such assistance, and by such force, as is necessary and reasonable, to enter the premises and exercise the powers referred to in paragraphs 123(2)(b), (c) and (d) in respect of the thing.
(2) The magistrate must not issue the warrant unless:
(a) the informant or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
(b) the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
(3) There must be stated in the warrant:
(a) the purpose for which the warrant is issued, and the nature of the offence in relation to which the entry and search are authorised; and
(b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and
(c) a description of the kind of things to be seized; and
(d) a day, not later than 7 days after the day of issue of the warrant, upon which the warrant ceases to have effect.
(4) If, in the course of searching, under the warrant, for a particular thing in relation to a particular offence, an officer finds a thing that the officer believes on reasonable grounds to be:
(a) a thing that will afford evidence about the commission of the offence, although not the thing specified in the warrant; or
(b) a thing that will afford evidence about the commission of another offence under this Act;
and the officer believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence, the warrant is taken to authorise the officer to seize that thing.
(1) If, because of circumstances of urgency, an officer thinks it necessary to do so, the officer may apply for a warrant under subsection 123(1) by telephone, telex, fax or other electronic means under this section.
(2) Before applying, the officer must prepare an information of a kind referred to in subsection 124(1) that sets out the grounds on which the issue of the warrant is being sought, but may, if it is necessary to do so, make the application before the information has been sworn.
(3) If the magistrate to whom an application under subsection (1) is made is satisfied:
(a) after having considered the terms of the information prepared under subsection (2); and
(b) after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought;
that there are reasonable grounds for issuing the warrant, the magistrate must complete and sign such a search warrant as the magistrate would issue under section 124 if the application had been made under that section.
(4) If the magistrate signs a warrant under subsection (3):
(a) the magistrate must:
(i) inform the officer of the terms of the warrant; and
(ii) inform the officer of the day on which and the time at which the warrant was signed; and
(iii) inform the officer of the day (not more than 7 days after the magistrate completes and signs the warrant) on which the warrant ceases to have effect; and
(iv) record on the warrant the reasons for issuing the warrant; and
(b) the officer must:
(i) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and
(ii) write on it the magistrate’s name and the day on which and the time at which the warrant was signed.
(5) The officer must, not later than the day after the date of expiry or execution of the warrant, whichever is the earlier, send to the magistrate:
(a) the form of warrant completed by the officer; and
(b) the information duly sworn in connection with the warrant.
(6) Upon receiving the documents referred to in subsection (5), the magistrate must:
(a) attach to them the warrant signed by the magistrate; and
(b) deal with the documents in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 124.
(7) A form of warrant duly completed by an inspector under subsection (4) is, if it is in accordance with the terms of the warrant signed by the magistrate, authority for any entry, search, seizure or other exercise of a power that the warrant so signed authorises.
(8) If:
(a) it is material, in any proceedings, for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised in accordance with this section; and
(b) the warrant signed by a magistrate under this section authorising the entry, search, seizure or other exercise of power is not produced in evidence;
the court is to assume, unless the contrary is proved, that the entry, search, seizure or other exercise of power was not authorised by such a warrant.
(1) If an officer seizes a thing under paragraph 122(2)(d) or 123(2)(d), the officer may retain it until:
(a) the end of the period of 60 days after the seizure; or
(b) if proceedings for an offence against this Act in the commission of which it may have been used or otherwise involved, or in respect of which it may afford evidence, are instituted within that period—until the proceedings (including any appeal to a court in relation to those proceedings) are completed.
(2) The Director may authorise a thing seized under paragraph 122(2)(d) or 123(2)(d) to be released to the owner, or to the person from whose possession it was seized, either:
(a) unconditionally; or
(b) on such conditions as the Director thinks fit, including conditions as to giving security for payment of its value if it is forfeited.
(1) An officer who:
(a) detains or searches a vehicle, aircraft or vessel under section122; or
(b) enters or searches land or premises under section 123;
may require a person found in or on the vehicle, aircraft or vessel, or on the land or premises, to state the person’s full name and address.
(2) An officer who detains or searches a vessel under section 122 may require the person in charge of the vessel to give the officer such information concerning:
(a) the vessel and its crew; and
(b) any person on board the vessel;
as the officer requests.
(3) If an officer (other than a member of a police force who is in uniform) makes a requirement of a person under this section, the officer must:
(a) in the case of a member of the police force—produce, for inspection by that person, written evidence of the fact that the officer is a member of a police force; or
(b) in any other case—produce the officer’s identity card for inspection by that person;
and, if the officer fails to do so, that person is not obliged to comply with the requirement.
(1) An officer may exercise, in relation to foreign vessels and foreign nationals in any place, but not within the territorial sea of another country, a power conferred on the officer under section 122 if:
(a) one or more officers (whether or not including the officer exercising the power) have pursued the person or vessel from a place within one of the areas referred to in subsection 119(2) to such a place; and
(b) the pursuit was not terminated or interrupted at any time before the officer concerned arrived at such a place with a view to exercising that power.
(2) For the purposes of paragraph (1)(b), a pursuit of a person or vessel is not taken to be terminated or interrupted only because the officer or officers concerned lose sight of the person or vessel.
(3) A reference in subsection (2) to losing sight of a person or vessel includes a reference to losing output from a radar or other sensing device.
A person must not:
(a) without reasonable excuse, refuse or fail to comply with a requirement made by an officer in the exercise of powers under section 127; or
(b) state a false name and address, or give false information, to an officer when lawfully required by the officer, in the exercise of powers under section 127, to state the person’s full name and address, or to give information, to the officer.
Penalty: Imprisonment for 6 months.
(1) If a person (other than a Commonwealth agency) has engaged, is engaging or is proposing to engage in any conduct in contravention of this Act, the Federal Court may, on the application of the Director grant an injunction:
(a) restraining the person from engaging in the conduct; and
(b) if in the court’s opinion it is desirable to do so—requiring the person to do something.
(2) If:
(a) a person (other than a Commonwealth agency) has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do something; and
(b) the refusal or failure was, is or would be a contravention of this Act;
the Federal Court may, on the application of the Director, grant an injunction requiring the person to do it.
(1) If the Minister or the Director has engaged, is engaging or is proposing to engage in any conduct in contravention of this Act (other than Part 2 or Division 2 of Part 5), the Federal Court may, on the application of an interested person:
(a) grant an injunction restraining the Minister or the Director from engaging in the conduct; and
(b) if in the court’s opinion it is desirable to do so—require the Commonwealth agency to do something.
(2) If:
(a) the Minister or the Director has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do something; and
(b) the refusal or failure was, is or would be a contravention of this Act (other than Part 2);
the Federal Court may, on the application of an interested person, grant an injunction requiring the Minister or the Director to do it.
(3) In this section:
interested person means:
(a) a person who has engaged in a series of activities relating to the protection or conservation of, or research into, listed native species or listed ecological communities; or
(b) subject to subsection (4), an organisation or association (whether incorporated or not) whose objects or purposes include, and whose activities relate to, the protection or conservation of, or research into, listed native species or listed ecological communities.
(4) Paragraph (3)(b) does not apply to an application if it relates to something done:
(a) before the organisation or association was formed; or
(b) before the objects or purposes of the organisation or association included the matter concerned; or
(c) before the organisation or association engaged in activities relating to the matter concerned.
(1) If an application is made to the court for an injunction under section 130 or 131, the court may, before considering the application, grant an interim injunction restraining a person or a Commonwealth agency from engaging in the conduct of a kind referred to in those sections.
(2) The court is not to require an applicant for an injunction under section 130, as a condition of granting an interim injunction, to give any undertakings as to damages.
The court may discharge or vary an injunction granted under this Division.
(1) The power of the court under this Division to grant an injunction restraining a person or Commonwealth agency from engaging in conduct of a particular kind may be exercised:
(a) if the court is satisfied that the person or Commonwealth agency has engaged in conduct of that kind—whether or not it appears to the court that the person or Commonwealth agency intends to engage again, or to continue to engage, in conduct of that kind; or
(b) if it appears to the court that, if an injunction is not granted, it is likely that the person or Commonwealth agency will engage in conduct of that kind—whether the person or Commonwealth agency has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person or Commonwealth agency engages in conduct of that kind.
(2) The power of the court to grant an injunction requiring a person or Commonwealth agency to do a something may be exercised:
(a) if the court is satisfied that the person or Commonwealth agency has refused or failed to do it—whether or not it appears to the court that the person or Commonwealth agency intends to refuse or fail again, or to continue to refuse or fail, to do it; or
(b) if it appears to the court that, if an injunction is not granted, it is likely that the person or Commonwealth agency will refuse or fail to do it—whether or not the person or Commonwealth agency has previously refused or failed to do it and whether or not there is an imminent danger of substantial damage to any person if the person or Commonwealth agency refuses or fails to do it.
The powers conferred on the court under this Division are in addition to, and not in derogation of, any other powers of the court, whether conferred by this Act or otherwise.
(1) This Part establishes, and describes the functions, membership and operation of, the Endangered Species Advisory Committee and the Endangered Species Scientific Subcommittee.
(2) Division 1 establishes the Endangered Species Advisory Committee and sets out its functions.
(3) Division 2 is about the membership of the Advisory Committee.
(4) Division 3 is about meetings of the Advisory Committee.
(5) Division 4 establishes the Endangered Species Scientific Subcommittee and sets out its functions, membership and operation.
(6) Division 5 is about review of the Act’s operation, and assistance to the Committees.
The Endangered Species Advisory Committee is established.
The functions of the Advisory Committee are:
(a) to advise the Minister on any measures that the Commonwealth should take in order to comply with its obligations under this Act; and
(b) to advise the Minister under section 37 on the times within which, and the order within which, draft recovery plans and draft threat abatement plans should be prepared; and
(c) to comment on draft recovery plans and draft threat abatement plans given to the Advisory Committee under paragraph 39(1)(b); and
(d) to give the Minister such other advice as is provided for by this Act; and
(f) to perform such other functions as are conferred on the Advisory Committee by this Act or any other Act.
(1) The Advisory Committee consists of such number of members, not being fewer than 10, as the Minister from time to time determines.
(2) Subject to section 151, the performance of a function of the Advisory Committee is not affected by a vacancy or vacancies in the Advisory Committee’s membership.
(3) The performance of a function of the Advisory Committee is not affected by the fact that the Advisory Committee’s membership does not include any members who are appointed to represent a particular body, group of bodies or community referred to in subsection 140(2).
(1) Members are to be appointed by the Minister.
(2) The Minister must ensure that the membership includes members who are appointed to represent the following:
(a) the body known as the Australian and New Zealand Environment and Conservation Council;
(b) conservation organisations that are not authorities of the Commonwealth or of any State or Territory;
(c) the scientific community (including both that part of the scientific community concerned with marine species and that part of the scientific community concerned with terrestrial species);
(d) the rural community;
(e) the business community;
(f) the Commonwealth.
(3) The Minister must ensure that, as far as practicable, each one of at least 5 members:
(a) possesses scientific qualifications that the Minister thinks relevant to the performance of the Advisory Committee’s functions; and
(b) is appointed to represent the scientific community and is not appointed to represent any of the other bodies, groups of bodies or communities referred to in subsection (2).
(4) The Minister must ensure that a majority of the members are not persons employed by the Commonwealth or Commonwealth agencies.
(1) Subject to subsection (2), the Minister must appoint as the Chairperson of the Advisory Committee one of the members who possesses scientific qualifications that the Minister thinks relevant to the performance of the Advisory Committee’s functions.
(2) The Minister must not appoint as the Chairperson a member who is employed by the Commonwealth or a Commonwealth agency.
(3) Subject to subsection (4), the member appointed as the Chairperson holds the office of Chairperson until the end of his or her term of office as a member that is current at the time of his or her appointment.
(4) The member so appointed ceases to be the Chairperson if he or she:
(a) ceases to be a member; or
(b) resigns the office of Chairperson by written notice delivered to the Minister.
(5) A person is eligible to be re-appointed as the Chairperson.
A member:
(a) is to be appointed on a part-time basis; and
(b) holds office for such period (not exceeding 3 years) as is specified in the instrument of appointment, but is eligible for re-appointment.
A member holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Minister in writing.
(1) Members are to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, are to be paid such remuneration as is prescribed.
(2) A member is to be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
(1) The Minister may grant leave of absence to the Chairperson on such terms and conditions as to remuneration or otherwise as the Minister considers appropriate.
(2) The Chairperson may grant leave of absence to another member on such terms and conditions as to remuneration or otherwise as the Chairperson considers appropriate.
A member may resign by written notice delivered to the Minister.
A member must not engage in any paid employment that, in the Minister’s opinion, conflicts with the proper performance of the member’s functions.
(1) The Minister may terminate a member’s appointment for misbehaviour or physical or mental incapacity.
(2) The Minister may terminate a member’s appointment if the member:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
(b) fails, without reasonable excuse, to comply with an obligation imposed by subsection 154(3) or section 156; or
(c) is absent, except on leave of absence granted under section 145 from 3 consecutive meetings of the Advisory Committee; or
(d) if the member is also a member of the Scientific Subcommittee:
(i) fails, without reasonable excuse, to comply with subsection 154(3) or section 156, (as those provisions apply because of the application of section 163); or
(ii) is absent, except on leave of absence granted under section 145 (as that section applies because of the application of section 163), from 3 consecutive meetings of the Scientific Subcommittee; or
(e) engages in any paid employment that, in the Minister’s opinion, conflicts with the proper performance of the member’s functions; or
(f) if the member was appointed to represent one or more of the bodies, groups of bodies or communities referred to in subsection 140(2)—ceases, because of a change in employment, residence or other circumstances, to be, in the Minister’s opinion, an appropriate representative of such a body, groups of bodies or community that he or she was appointed to represent.
(1) Subject to subsection (2), the Advisory Committee must hold such meetings as are necessary for the efficient performance of its functions.
(2) The Advisory Committee must hold at least one meeting every 12 months.
(3) The Chairperson:
(a) may convene a meeting at any time; and
(b) must convene a meeting on receipt of a written request from at least 5 other members.
(4) The Minister may convene a meeting at any time.
(1) The Chairperson is to preside at all meetings at which he or she is present.
(2) If the Chairperson is not present, the members present must elect one of their number to preside.
At a meeting, a majority of members, or 6 members, whichever is the greater, form a quorum.
(1) Questions arising at a meeting are to be decided by a majority of votes of the members present and voting.
(2) The member presiding has a deliberative vote, and, if necessary, also has a casting vote.
The Advisory Committee may, subject to this Division, determine the procedure at meetings.
(1) If a majority of the members sign a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms is taken to have been passed at a duly constituted meeting held:
(a) on the day the document was signed; or
(b) if the members sign the document on different days—on the last of those days.
(2) For the purposes of subsection (1), 2 or more separate documents containing statements in identical terms each of which is signed by one or more members are together taken to be one document containing a statement in those terms signed by those members on the respective days on which they signed the separate documents.
(3) If the resolution is about a matter in which a member would, for the purposes of section 156, be taken to have an interest, the member:
(a) must not sign a document containing a statement in favour of the resolution; and
(b) must disclose the nature of the interest to the Chairperson.
(4) Any member to whom subsection (3) applies in connection with the resolution is taken not to be a member for the purposes of calculating the number of members that would constitute a majority under subsection (1) in connection with the resolution.
The Advisory Committee must keep minutes of its meetings and records of resolutions passed in accordance with section 154.
(1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting.
(2) The disclosure is to be recorded in the minutes of the meeting and the member must not, unless the Advisory Committee or the Minister otherwise determines:
(a) be present during any deliberation of the Advisory Committee with respect to the matter; or
(b) take part in any decision of the Advisory Committee with respect to the matter.
(3) For the purposes of the Advisory Committee making such a determination, any member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates must not:
(a) be present during any deliberation of the Advisory Committee for the purposes of making the determination; or
(b) take part in the making of the determination.
The Advisory Committee may invite a person to attend a meeting:
(a) as an observer; or
(b) to advise or inform the Advisory Committee on any matter.
The Endangered Species Scientific Subcommittee is established.
(1) The functions of the Scientific Subcommittee are:
(a) to advise the Minister, within 12 months after the commencement of this Act and thereafter at intervals of not longer than 12 months, of amendments (if any) that should be made to the lists; and
(b) to advise the Minister of criteria that should be used in deciding whether a list should be amended; and
(c) to advise the Minister of additional criteria that should be specified in the definition of ecological community in subsection 4(1).
(2) In advising the Minister under paragraph (1)(a), the Scientific Subcommittee must consider any changes to lists of species adopted by the body known as the Australian and New Zealand Environment and Conservation Council.
(3) In advising the Minister under paragraph (1)(b), the Scientific Subcommittee must consider any listing criteria used by the body known as the Australian and New Zealand Environment and Conservation Council.
(1) The Scientific Subcommittee consists of such members of the Advisory Committee as are members referred to in subsection 140(3).
(2) The performance of a function of the Scientific Subcommittee is not affected by the number of its members being fewer than 5.
The Chairperson of the Scientific Subcommittee is the person for the time being holding office as the Chairperson of the Advisory Committee.
A member of the Scientific Subcommittee:
(a) holds office for so long as he or she is a member of the Advisory Committee; and
(b) subject to section 163, holds such office on the same terms and conditions as the terms and conditions on which he or she holds office as a member of the Advisory Committee.
Division 3 applies in relation to meetings of the Scientific Subcommittee as if:
(a) references in that Division to the Advisory Committee were references to the Scientific Subcommittee; and
(b) references in that Division to members of the Advisory Committee were references to members of the Scientific Subcommittee; and
(c) the reference in paragraph 149(3)(b) to 5 members of the Advisory Committee were a reference to 3 members of the Scientific Subcommittee; and
(d) the reference in section 151 to 6 members of the Advisory Committee were a reference to 3 members of the Scientific Subcommittee.
(1) Administrative assistance required for the purposes of the Advisory Committee or the Scientific Subcommittee is to be provided by staff members of the ANPWS.
(2) The ANPWS is to provide such money as is necessary for the performance of the functions of the Advisory Committee or the Scientific Subcommittee.
(1) This section applies to Commonwealth areas that are areas of land.
(2) The Director must:
(a) prepare; or
(b) cause to be prepared in accordance with procedures approved by the Director;
inventories that identify, and state the abundance of, the listed native species and listed ecological communities present in Commonwealth areas.
(3) Each inventory is to cover such Commonwealth areas as the Director determines.
(4) A Commonwealth area must be covered by an inventory:
(a) within 10 years after the commencement of this Act; or
(b) within 10 years after the area became a Commonwealth area;
whichever is the later.
(5) The Director may, at any time:
(a) vary an inventory; or
(b) cause an inventory to be varied in accordance with procedures approved by the Director.
(6) The Director must cause a copy of an inventory, or a variation of an inventory, to be given to any Commonwealth agency that owns, occupies or has any other interest in a Commonwealth area covered by the inventory.
(7) A Commonwealth agency that owns, occupies or has any other interest in a Commonwealth area is to provide all reasonable assistance in connection with the preparation under this section of an inventory that is to cover the area.
(1) This section applies to Commonwealth areas that are not areas of land.
(2) The Director must:
(a) prepare; or
(b) cause to be prepared in accordance with procedures approved by the Director;
surveys that identify, and state the extent of the range of:
(c) the marine species that are listed native species; and
(d) the marine ecological communities that are listed ecological communities;
present in Commonwealth areas.
(3) Each survey is to cover such Commonwealth areas as the Director determines.
(4) A Commonwealth area must be covered by a survey:
(a) within 10 years after the commencement of this Act; or
(b) within 10 years after the area became a Commonwealth area;
whichever is the later.
(5) The Director may, at any time:
(a) vary a survey; or
(b) cause a survey to be varied in accordance with procedures approved by the Director.
(6) The Director must cause a copy of a survey, or a variation of a survey, to be given to any Commonwealth agency that owns, occupies or has any other interest in a Commonwealth area covered by the survey.
(7) A Commonwealth agency that owns, occupies or has any other interest in a Commonwealth area is to provide all reasonable assistance in connection with the preparation under this section of a survey that is to cover the area.
Obligations imposed by this Act are not affected, in their application in relation to Commonwealth areas, by any lack of inventories or surveys for those areas.
(1) The Minister must cause an independent review of:
(a) the operation of this Act; and
(b) the extent to which the objects set out in section 3 have been achieved;
to be undertaken within 5 years after the commencement of this Act and thereafter at intervals of not longer than 5 years.
(2) A person who undertakes such a review must give the Minister a written report of the review.
(3) The Minister must cause a copy of each report to be tabled in each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.
(4) In this section:
independent review means a review undertaken by persons who:
(a) in the Minister’s opinion possess appropriate qualifications to undertake the review; and
(b) include one or more persons who are not the Director, a member of the Advisory Committee or a staff member of the ANPWS.
(1) If the Governor-General declares, by instrument in writing, that it is in the national interest that an obligation imposed by this Act be waived, the obligation ceases to have effect in the circumstances, and to the extent, specified in the instrument.
(2) An instrument is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
(3) Despite section 48 of the Acts Interpretation Act 1901 as it applies in relation to such instruments because of section 46A of that Act, the instrument takes effect on the first day on which it is no longer liable to be disallowed, or to be taken to have been disallowed, under section 48 of that Act as is so applies.
(1) Anything done by the Commonwealth, the Minister or the Director under this Act is not invalid merely because it was not done within the period required by this Act.
(2) In every case where anything required to be done under this Act was not done within the period required by this Act, the Minister must:
(a) cause to be prepared a statement setting out the reasons why the thing was not done within the period required by this Act, within 15 days of the end of the period within which the thing should have been done; and
(b) cause a copy of the statement to be laid before each House of Parliament within 15 sitting days of that House after its receipt by the Minister.
(3) Subsection (1) does not reduce or remove an obligation under this Act to do a thing within a particular period.
This Act has effect subject to Australia’s obligations under international law, including obligations under any agreement between Australia and another country or countries.
(1) In this section:
acquisition of property, and just terms, have the same meanings as in paragraph 51(xxxi) of the Constitution.
(2) If, apart from this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay reasonable compensation to the person.
(3) If the Commonwealth and the person do not agree on the amount of the compensation, the person may apply to the Federal Court to determine a reasonable amount of compensation.
(4) The Lands Acquisition Act 1989 does not apply to an acquisition of property that results from the operation of this Act.
Without limiting paragraph 17(1)(e) of the National Parks and Wildlife Conservation Act 1975, the Director’s powers under that paragraph extend to the establishment and maintenance of an organisation and a fund for the purposes of promoting and encouraging financial support from the public for the recovery and conservation of listed native species and listed ecological communities.
(1) Subject to subsection (2), the Director may provide financial assistance to the governments of, and organisations in, foreign countries for the purpose of assisting the recovery and conservation, in those countries, of non-native species included in lists established under agreements specified in Schedule 4.
(2) The assistance must be provided in accordance with directions given by the Minister.
(3) Before giving a direction, the Minister must:
(a) have regard to any advice that the Advisory Committee has given to the Minister on the matter; and
(b) consult the Minister responsible for overseas development assistance.
(1) The Governor-General may make regulations in relation to giving effect to an agreement specified in Schedule 4 so far as the agreement relates to the recovery or conservation of listed native species or listed ecological communities.
(2) Regulations made in relation to an agreement that has not entered into force for Australia are not to come into operation on a day earlier than the day on which the agreement enters into force for Australia.
The Governor-General may make regulations prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Genus, species (subspecies, Common Name
population)
Animals
Fish
Galaxias fontanus | Swan Galaxias |
Galaxias fuscus | Brown Galaxias |
Galaxias johnstoni | Clarence Galaxias |
Galaxias pedderensis | Pedder Galaxias |
Maccullochella ikei | Eastern Freshwater Cod |
Maccullochella macquariensis | Trout Cod |
Melanotaenia eachamensis | Lake Eacham Rainbow Fish |
Amphibians |
|
Geocrinia vitellina | Yellow-bellied Frog |
Litoria spenceri | Spotted Tree Frog |
Rheobatrachus silus | Gastric-brooding Frog |
Rheobatrachus vitellinus | Eungella Gastric-brooding Frog |
|
|
Taudactylus acutirostris | Sharp-snouted Day Frog |
Taudactylus diurnus | Southern Day Frog |
Taudactylus eungellensis | Eungella Day Frog |
Reptiles |
|
Aprasia aurita | Legless Lizard |
Aprasia parapulchella | Pink-tailed Legless Lizard |
Caretta caretta | Loggerhead Turtle |
Hoplocephalus bungaroides | Broad-headed Snake |
Pseudemydura umbrina | Western Swamp Tortoise |
Tiliqua adelaidensis | Adelaide Blue-tongued Lizard |
Birds |
|
Cacatua pastinator pastinator | Western Long-billed Corella |
Calyptorhynchus banksii graptogyne | South-eastern Red-tailed Black Cockatoo |
Coracina tenuirostris melvillensis | Melville Cicadabird |
Cyanoramphus novaezelandiae cookii | Norfolk Island Parrot |
Erythrura gouldiae | Gouldian Finch |
Falcunculus frontatus whitei | Kimberley Crested Shriketit |
Geopsittacus occidentalis | Night Parrot |
Leipoa ocellata | Malleefowl |
Lichenostomus melanops cassidix | Helmeted Honeyeater |
Manorina melanotis | Black-eared Miner |
Neophema chrysogaster | Orange-bellied Parrot |
Ninox novaeseelandiae undulata | Norfolk Island Boobook Owl |
Pardalotus quadragintus | Forty-spotted Pardalote |
Petrophassa smithii blaauwi | Western Partridge Pigeon |
Pezoporus wallicus flaviventris | Western Ground Parrot |
Poecilodryas superciliosa cerviniventris | Derby White-browed Robin |
Psephotus chrysopterygius | Golden-shouldered Parrot |
Psittaculirostris diophthalma coxeni | Coxen’s Fig-parrot |
Pterodroma leucoptera leucoptera | Gould’s Petrel |
Sterna albifrons | Little Tern |
Stipiturus malachurus intermedius | Mount Lofty Southern Emu-wren |
Sula abbotti | Abbott’s Booby |
Turdus poliocephalus poliocephalus | Norfolk Island Thrush |
Xanthomyza phrygia | Regent Honeyeater |
Zosterops albogularis | Norfolk Island Silvereye |
Mammals |
|
Balaenoptera musculus | Blue Whale |
Bettongia lesueur | Burrowing Bettong |
Bettongia penicillata | Brush-tailed Bettong |
Bettongia tropica | Northern Bettong |
Crocidura tenuata var. trichura | Christmas Island Shrew |
Dasyuroides byrnei | Kowari |
Dasyurus geoffroii | Western Quoll |
Eubalaena australis | Southern Right Whale |
Gymnobelideus leadbeateri | Leadbeater’s Possum |
Isoodon auratus | Golden Bandicoot |
Lagorchestes hirsutus | Rufous Hare-wallaby |
Lagostrophus fasciatus | Banded Hare-wallaby |
Lasiorhinus krefftii | Northern Hairy-nosed Wombat |
Leporillus conditor | Greater Stick-nest Rat |
Megaptera novaeangliae | Humpback Whale |
Myrmecobius fasciatus | Numbat |
Notomys fuscus | Dusky Hopping-mouse |
Onychogalea fraenata | Bridled Nailtail Wallaby |
Parantechinus apicalis | Dibbler |
Perameles bougainville | Western Barred Bandicoot |
Perameles eremiana | Desert Bandicoot |
Phascogale calura | Red-tailed Phascogale |
Potorous longipes | Long-footed Potoroo |
Pseudocheirus peregrinus occidentalis | Western Ringtail Possum |
Pseudomys praeconis | Shark Bay Mouse |
Pseudomys shortridgei | Heath Rat |
Sminthopsis douglasi | Julia Creek Dunnart |
Zyzomys pedunculatus | Central Rock-rat |
Plants |
|
Acacia leptalea Maslin ms. |
|
Acacia cretacea |
|
Acacia enterocarpa |
|
Acacia pinguifolia |
|
Acacia porcata |
|
Acronychia littoralis |
|
Adenanthos pungens |
|
Adenanthos velutinus |
|
Agrostis adamsonii |
|
Alectryon ramiflorus |
|
Allocasuarina defungans |
|
Allocasuarina emuina |
|
Allocasuarina portuensis |
|
Allocasuarina thalassoscopica |
|
Ammobium craspedioides |
|
Andersonia sp. Two People’s Bay |
|
Anthocercis gracilis |
|
Apatophyllum constablei |
|
Aristida granitica |
|
Arthraxon hispidus |
|
Astrotricha roddii |
|
Atalaya collina |
|
Atriplex kochiana |
|
Austromyrtus fragrantissima |
|
Austromyrtus gonoclada |
|
Ballantinia antipoda |
|
Banksia brownii |
|
Barbarea australis |
|
Bentleya spinescens |
|
Billardiera alpina |
|
Boronia granitica |
|
Boronia repanda |
|
Brachyscome muelleri |
|
Cajanus mareebensis |
|
Caladenia audasii |
|
Caladenia busselliana Hopper & Brown ms. |
|
Caladenia cristata |
|
Caladenia formosa |
|
Caladenia fulva |
|
Caladenia hastata |
|
Caladenia lowanensis |
|
Caladenia robinsonii |
|
Caladenia rosella |
|
Caladenia elegans Hopper & Brown ms. |
|
Caladenia viridescens Hopper & Brown ms. |
|
Caladenia tensa |
|
Caladenia thysanochila |
|
Calochilus pseudnus |
|
Calochilus richae |
|
Calytrix breviseta breviseta |
|
Centrolepis pedderensis |
|
Colobanthus curtisiae |
|
Conostylis setigera dasys |
|
Corchorus cunninghamii |
|
Cyathea exilis |
|
Cynanchum elegans |
|
Cyperus ohwii |
|
Danthonia popinensis |
|
Darwinia apiculata |
|
Darwinia carnea |
|
Darwinia ferricola Marchant & Keighery ms. Scott River |
|
Davidsonia sp. (A.G. Floyd 1595; Mullumbimby-Currumbin Ck) |
|
Daviesia bursarioides Crisp ms. |
|
Daviesia microcarpa Crisp ms. |
|
Daviesia oxylobium Crisp ms. |
|
Daviesia purpurascens |
|
Dendrobium mirbelianum |
|
Dendrobium nindii |
|
Dendrobium antennatum |
|
Deyeuxia appressa |
|
Digitaria porrecta |
|
Diospyros mabacea |
|
Diploglottis campbellii |
|
Dipodium pictum |
|
Diuris fragrantissima |
|
Diuris micrantha |
|
Diuris pallens |
|
Dodonaea subglandulifera |
|
Dodonaea tepperi |
|
Drakonarchis drakeoidea Hopper & Brown ms. |
|
Dryandra mimica |
|
Dryandra sp. (F. Lullfitz 3379; Stirling Range) |
|
Dryandra sp. (M. Pieroni s.n. 20/9/88; Kamballup) |
|
Elaeocarpus williamsianus |
|
Endiandra sp.1 |
|
Epacris hamiltonii |
|
Epacris stuartii |
|
Epiblema grandiflorum var. cychea Dixon ms. |
|
Eremophila caerulea var. merrallii Chinnock ms. |
|
Eremophila nivea |
|
Eremophila veneta Chinnock m.s. |
|
Eremophila verticillata |
|
Eriocaulon carsonii |
|
Eucalyptus graniticola Brooker & Hopper ms. |
|
Eucalyptus impensa Brooker & Hopper ms. |
|
Eucalyptus absita |
|
Eucalyptus conglomerata |
|
Eucalyptus crenulata |
|
Eucalyptus crucis praecripua Brooker & Hopper ms. |
|
Eucalyptus cuprea Brooker & Hopper ms. |
|
Eucalyptus morrisbyi |
|
Eucalyptus phylacis |
|
Eucalyptus recurva |
|
Eucalyptus rhodantha |
|
Euphrasia collina subsp. muelleri |
|
Euphrasia collina subsp. osbornii |
|
Euphrasia sp. (W.M. Curtis, 5/12/88; Southport) |
|
Fimbristylis adjuncta |
|
Fontainea oraria |
|
Frankenia plicata |
|
Gardenia actinocarpa |
|
Gastrolobium callistachys |
|
Gastrolobium glaucum |
|
Gastrolobium graniticum |
|
Gastrolobium hamulosum |
|
Genoplesium rhyoliticum |
|
Genoplesium tectum |
|
Gentiana wingecarribiensis |
|
Gonocarpus intricatus |
|
Graptophyllum reticulatum |
|
Graptophyllum thorogoodii |
|
Grevillea batrachioides |
|
Grevillea beadleana |
|
Grevillea calliantha |
|
Grevillea flexuosa |
|
Grevillea iaspicula |
|
Grevillea scapigera |
|
Grevillea wilkinsonii Makinson ms. |
|
Habenaria macraithii |
|
Hakea aculeata |
|
Haloragis eyreana |
|
Haloragodendron lucasii |
|
Homopholis belsonii |
|
Huperzia carinata |
|
Huperzia dalhousieana |
|
Huperzia filiformis |
|
Huperzia squarrosa |
|
Hypocalymma longifolium |
|
Isoglossa eranthemoides |
|
Isopogon uncinatus |
|
Kunzea rupestris |
|
Lambertia echinata |
|
Lambertia fairallii |
|
Lambertia orbifolia |
|
Lepidium aschersonii |
|
Lepidium catapycnon |
|
Lepidium hyssopifolium |
|
Lepidium monoplocoides |
|
Leucochrysum albicans |
|
Lomatia tasmanica |
|
Macadamia sp. (B. Hyland 3472; Woopen Creek) |
|
Macrozamia lomandroides |
|
Malaxis lawleri |
|
Marsdenia coronata |
|
Marsdenia longiloba |
|
Meziella trifida |
|
Muellerargia timorensis |
|
Myoporum turbinatum |
|
Neoroepera buxifolia |
|
Olearia flocktoniae |
|
Olearia hygrophila |
|
Olearia microdisca |
|
Persoonia nutans |
|
Phaius bernaysii |
|
Phalaenopsis rosenstromii |
|
Phebalium daviesii |
|
Phebalium obtusifolium |
|
Pimelea rara |
|
Pimelea spicata |
|
Pityrodia scabra |
|
Planchonella eerwah |
|
Pomaderris cotoneaster |
|
Prasophyllum chasmogamum |
|
Prasophyllum diversiflorum |
|
Prasophyllum petilum |
|
Prasophyllum uroglossum |
|
Prostanthera eurybioides |
|
Psoralea parva |
|
Pterostylis arenicola |
|
Pterostylis despectans |
|
Pterostylis gibbosa |
|
Pterostylis sp. (D.L. Jones 5333 ex P. Branwhite s.n.) |
|
Pterostylis sp. (S.D. Hopper 3349; Northampton) |
|
Ptilotus beckerianus |
|
Ptychosema pusillum |
|
Ptychosperma bleeseri |
|
Pultenaea pauciflora |
|
Pultenaea trichophylla |
|
Quassia sp. (J. King s.n., 1949; Mooney Creek) |
|
Randia moorei |
|
Ranunculus prasinus |
|
Restio abortivus |
|
Romnalda strobilacea |
|
Rutidosis leptorhynchoides |
|
Sclerolaena napiformis |
|
Senecio behrianus |
|
Sowerbaea multicaulis |
|
Stemmacantha australis |
|
Stylidium coroniforme |
|
Stylidium scabridum |
|
Swainsona recta |
|
Tectaria devexa |
|
Tetratheca gunnii |
|
Tetratheca paynterae Alfard ms. |
|
Thelymitra dedmaniae |
|
Thelymitra epipacroides |
|
Thysanotus wangariensis |
|
Triunia robusta |
|
Tylophora rupicola |
|
Tylophora woollsii |
|
Uromyrtus australis |
|
Verticordia fimbrilepis |
|
Verticordia harveyi |
|
Verticordia hughanii |
|
Verticordia plumosa ananeotes |
|
Vrydagzynea paludosa |
|
Westringia crassifolia |
|
Xanthostemon formosus |
|
Xerothamnella herbacea |
|
Zieria adenophora |
|
Zieria obcordata |
|
Zieria baeuerlenii Armstrong ms. |
|
Zieria buxijugum Briggs & Armstrong ms. |
|
Zieria formosa Briggs & Armstrong ms. |
|
Zieria parrisiae Briggs & Armstrong ms. |
|
Zieria prostrata Armstrong ms |
|
Genus, species (subspecies, Common Name
population)
Animals
Fish
Galaxias parvus | Swamp Galaxias |
Galaxias tanycephalus | Saddled Galaxias |
Nannoperca obscura | Yarra Pygmy Perch |
Nannoperca variegata | Ewens Pygmy Perch |
Prototroctes maraena | Australian Grayling |
Pseudomugil mellis | Honey Blue-eye |
Amphibians |
|
Geocrinia alba | Creek Frog/White-bellied Frog |
Philoria frosti | Mount Baw Baw Frog |
Reptiles |
|
Chelonia mydas | Green Turtle |
Ctenophorus yinnietharra | Yinnietharra Rock-dragon |
Ctenotus angusticeps | Airlie Island Ctenotus |
Ctenotus lancelini | Lancelin Island Striped Skink |
Delma impar | Striped Legless Lizard |
Delma mitella | Legless Lizard |
Delma torquata | Legless Lizard |
Dermochelys coriacea | Leathery Turtle |
Egernia stokesii aethiops | Baudin Island Spiny-tailed Skink |
Eretmochelys imbricata | Hawksbill Turtle |
Lepidochelys olivacea | Pacific Ridley |
Morelia carinata | Rough-scaled Python |
Ophidiocephalus taeniatus | Bronzebacked Legless Lizard |
Pseudemoia palfreymani | Pedra Branka Skink |
Rheodytes leukops | Fitzroy River Tortoise |
Birds |
|
Amytornis dorotheae | Carpentarian Grasswren |
Amytornis textilis textilis | Western grasswren |
Anous tenuirostris melanops | Lesser Noddy |
Atrichornis clamosus | Noisy Scrub-bird |
Casuarius casuarius | Southern Cassowary |
Cereopsis novaehollandiae grisea | Recherche Cape Barren Goose |
Charadrius rubricollis | Hooded Plover |
Dasyornis brachypterus | Eastern Bristlebird |
Dasyornis longirostris | Western Bristlebird |
Eclectus roratus | Eclectus Parrot |
Erythrotriorchis radiatus | Red Goshawk |
Falcunculus frontatus leucogaster | South-west Crested Shriketit |
Fregata andrewsi | Christmas Island Frigatebird |
Lathamus discolor | Swift Parrot |
Malurus leucopterus edouardi | Barrow Island Black-and-white Fairy-wren |
Malurus leucopterus leucopterus | Dirk Hartog Black-and-white Fairy-wren |
Ninox squamipila natalis | Christmas Island Hawk-owl |
Pachycephala rufogularis | Red-lored Whistler |
Pedionomus torquatus | Plains-wanderer |
Polytelis alexandrae | Alexandra’s Parrot |
Stipiturus malachurus parimeda | Eyre Peninsula Southern Emu-wren |
Strepera graculina crissalis | Lord Howe Island Currawong |
Tricholimnas sylvestris | Lord Howe Island Woodhen |
Turnix melanogaster | Black-breasted Button-quail |
Turnix varia scintillans | Albrolhos Painted Button-quail |
Mammals |
|
Burramys parvus | Mountain Pygmy-possum |
Dasycercus cristicauda | Mulgara |
Dasyurus viverrinus | Eastern Quoll |
Macroderma gigas | Ghost Bat |
Macropus robustus isabellinus | Barrow Island Euro |
Macrotis lagotis | Greater Bilby |
Mesembriomys macrurus | Golden-backed Tree-rat |
Notomys aquilo | Northern Hopping-Mouse |
Perameles gunnii | Eastern Barred Bandicoot |
Petrogale lateralis | Black-footed Rock-wallaby |
Petrogale penicillata | Brush-tailed Rock-wallaby |
Petrogale persephone | Proserpine Rock-wallaby |
Pseudomys australis | Plains Rat |
Pseudomys chapmani | Pebble-mound Mouse |
Pseudomys occidentalis | Western Mouse |
Pseudomys pillagaensis | Pilliga Mouse |
Sminthopsis psammophila | Sandhill Dunnart |
Xeromys myoides | False Water-rat |
Plants |
|
Acacia lanuginophylla |
|
Acacia angustifolia |
|
Acacia anomala |
|
Acacia aphylla |
|
Acacia araneosa |
|
Acacia argutifolia |
|
Acacia attenuata |
|
Acacia axillaris |
|
Acacia barattensis |
|
Acacia bynoeana |
|
Acacia calantha |
|
Acacia chinchillensis |
|
Acacia clunies-rossiae |
|
Acacia constablei |
|
Acacia courtii |
|
Acacia crombiei |
|
Acacia curranii |
|
Acacia sp. (S. van Leeuwen 269; Dandaragan) |
|
Acacia denticulosa |
|
Acacia depressa |
|
Acacia deuteroneura |
|
Acacia eremophiloides |
|
Acacia fleckeri |
|
Acacia flocktoniae |
|
Acacia forrestiana |
|
Acacia georgensis |
|
Acacia glandulicarpa |
|
Acacia grandifolia |
|
Acacia guymeri |
|
Acacia handonis |
|
Acacia imbricata |
|
Acacia latzii |
|
Acacia lauta |
|
Acacia menzelii |
|
Acacia merrickae |
|
Acacia perangusta |
|
Acacia peuce |
|
Acacia pharangites |
|
Acacia phasmoides |
|
Acacia pickardii |
|
Acacia pubescens |
|
Acacia pubifolia |
|
Acacia purpureapetala |
|
Acacia ramiflora |
|
Acacia rhetinocarpa |
|
Acacia ruppii |
|
Acacia semicircinalis |
|
Acacia simulans |
|
Acacia pygmaea Maslin ms. |
|
Acacia lobulata |
|
Acacia tenuinervis |
|
Acacia undoolyana |
|
Acacia vassalii |
|
Acacia wardellii |
|
Acronychia crassipetala |
|
Acrophyllum australe |
|
Actinotus schwarzii |
|
Adenanthos cunninghamii |
|
Adenanthos dobagii |
|
Adenanthos ellipticus |
|
Adenanthos eyrei |
|
Adenanthos ileticos |
|
Allocasuarina fibrosa |
|
Allocasuarina glareicola |
|
Allocasuarina tortiramula |
|
Alloxylon flammeum |
|
Ammobium craspedioides |
|
Amorphospermum whitei |
|
Amphibromus fluitans |
|
Angophora robur |
|
Anigozanthos bicolor minor |
|
Anigozanthos humilis chrysanthus |
|
Anigozanthos viridis terraspectans |
|
Apatophyllum olsenii |
|
Aphanes pentamera |
|
Apium prostratum “phillipii” |
|
Aponogeton hexatepalus |
|
Archidendron lovelliae |
|
Aristida annua |
|
Arytera dictyoneura |
|
Asperula asthenes |
|
Asplenium hookerianum |
|
Asplenium pellucidum |
|
Asplenium wildii |
|
Astelia australiana |
|
Asterolasia drummondii |
|
Asterolasia grandiflora |
|
Asterolasia nivea |
|
Asterolasia phebalioides |
|
Atriplex infrequens |
|
Baeckea arbuscula |
|
Baeckea crenatifolia |
|
Baeckea sp. Pyramids |
|
Baeckea sp. (L.J. Brass 19348; Mt Tozer) |
|
Baloghia marmorata |
|
Banksia cuneata |
|
Banksia goodii |
|
Banksia oligantha |
|
Banksia sphaerocarpa dolichostyla |
|
Banksia tricuspis |
|
Banksia verticillata |
|
Basedowia tenerrima |
|
Bertya ingramii T. James ms. |
|
Bertya opponens |
|
Bertya pinifolia |
|
Bertya sharpeana |
|
Beyeria subtecta |
|
Billardiera mollis |
|
Boronia adamsiana |
|
Boronia deanei |
|
Boronia keysii |
|
Boronia revoluta |
|
Borya mirabilis |
|
Bosistoa monostylis |
|
Bosistoa selwynii |
|
Bosistoa transversa |
|
Bossiaea oligosperma |
|
Bothriochloa biloba |
|
Bothriochloa bunyensis |
|
Brachychiton vitifolius |
|
Brachyscome ascendens |
|
Brachyscome muelleroides |
|
Brachyscome papillosa |
|
Budawongia gnidioides |
|
Bulbophyllum boonjee |
|
Bulbophyllum globuliforme |
|
Bulbophyllum gracillimum |
|
Bulbophyllum longiflorum |
|
Cadellia pentastylis |
|
Caladenia bryceana |
|
Caladenia caudata |
|
Caladenia dilatata villosissima |
|
Caladenia dorrienii |
|
Caladenia gladiolata |
|
Caladenia huegelii |
|
Caladenia insularis |
|
Caladenia integra |
|
Caladenia longii |
|
Caladenia ovata |
|
Caladenia rigida |
|
Caladenia sp. (S.D. Hopper 3990; jarrah forest) |
|
Caladenia caesarea maritima Hopper & Brown ms. |
|
Caladenia voigtii Hopper & Brown ms. |
|
Caladenia sp. (S.D. Hopper 3521; christineae Hopper & Brown ms. |
|
Caladenia harringtoniae Hopper & Brown ms. |
|
Caladenia hoffmanii Hopper & Brown ms. |
|
Caladenia excelsa Hopper & Brown ms. |
|
Caladenia tesselata |
|
Caladenia versicolor |
|
Caladenia wanosa |
|
Calamus warburgii |
|
Calectasia arnoldii Dixon ms. |
|
Callistemon chisholmii |
|
Callistemon formosus |
|
Callitriche cyclocarpa |
|
Callitris oblonga |
|
Callitris (A.M. Gray 473-44; Tasmania) |
|
Calophyllum bicolor |
|
Calotis glandulosa |
|
Calotis moorei |
|
Calytrix gurulmundensis |
|
Canarium acutifolium |
|
Canthium costatum |
|
Capparis thozetiana |
|
Carronia pedicellata |
|
Cassinia rugata |
|
Centotheca philippensis |
|
Centrolepis paludicola |
|
Chamaelaucium “griffinii” |
|
Chamaelaucium roycei Marchant & Keighery ms. |
|
Chamaelaucium erythrochlora Marchant & Keighery ms. |
|
Cheiranthera volubilis |
|
Choricarpia subargentea |
|
Clematis fawcettii |
|
Codonocarpus pyramidalis |
|
Comesperma oblongatum |
|
Commersonia sp. (G.P. Guymer 1642; Cardarga) |
|
Conospermum toddii |
|
Conostylis drummondii |
|
Conostylis lepidospermoides |
|
Conostylis micrantha |
|
Conostylis misera |
|
Conostylis rogeri |
|
Conostylis seorsiflora trichophylla |
|
Conostylis wonganensis |
|
Coopernookia georgei |
|
Corokia whiteana |
|
Correa baeuerlenii |
|
Correa calycina |
|
Corybas limpidus |
|
Cossinia australiana |
|
Croton magneticus |
|
Cryptocarya foetida |
|
Cryptostylis hunteriana |
|
Ctenopteris blechnoides |
|
Ctenopteris walleri |
|
Cupaniopsis shirleyana |
|
Cupaniopsis tomentella |
|
Cyperus semifertilis |
|
Darwinia acerosa |
|
Darwinia biflora |
|
Darwinia collina |
|
Darwinia macrostegia |
|
Darwinia masonii |
|
Darwinia meeboldii |
|
Darwinia oxylepis |
|
Darwinia sp. (G.J. Keighery 5732; Stirling Range) |
|
Darwinia squarrosa |
|
Darwinia wittwerorum |
|
Daviesia debilior |
|
Daviesia discolor |
|
Daviesia euphorbioides |
|
Daviesia megacalyx Crisp ms. |
|
Daviesia pseudaphylla Crisp ms. |
|
Daviesia speciosa Crisp ms. |
|
Daviesia spiralis |
|
Dendrobium bigibbum |
|
Dendrobium carronii |
|
Dendrobium johannis |
|
Dendrobium tozerensis |
|
Denhamia parvifolia |
|
Desmodium acanthocladum |
|
Dichanthium queenslandicum |
|
Dichanthium setosum |
|
Dillwynia tenuifolia |
|
Dioclea reflexa |
|
Diplazium cordifolium |
|
Diuris aequalis |
|
Diuris drummondii |
|
Diuris purdiei |
|
Diuris recurva |
|
Diuris sheaffiana |
|
Diuris praecox Jones ms. |
|
Diuris venosa |
|
Dodonaea rupicola |
|
Drakaea elastica |
|
Drakaea sp. confluens confluens Hopper & Brown ms. |
|
Drakaea micrantha Hopper & Brown ms. |
|
Drakaea sp. concolor Hopper & Brown ms. |
|
Drakonorchis barbarella Hopper & Brown ms. |
|
Drosera fimbriata |
|
Drosera schizandra |
|
Drummondita ericoides |
|
Drummondita hassellii longifolia |
|
Dryandra serratuloides |
|
Ectrosia blakei |
|
Ehretia microphylla |
|
Eleocharis blakeana |
|
Eleocharis obicis |
|
Eleocharis retroflexa |
|
Endiandra cooperiana |
|
Endiandra floydii |
|
Endiandra hayesii |
|
Epacris aff. virgata |
|
Epacris barbata |
|
Epacris glabella |
|
Epacris grandis |
|
Epacris limbata |
|
Epilobium brunnescens |
|
Epilobium perpusillum |
|
Eremophila subteretifolia |
|
Eremophila barbata |
|
Eremophila denticulata |
|
Eremophila inflata |
|
Eremophila microtheca |
|
Eremophila racemosa |
|
Eremophila resinosa |
|
Eremophila ternifolia |
|
Eremophila tetraptera |
|
Eremophila virens |
|
Eremophila viscida |
|
Eremophila prostrata Chinnock ms. |
|
Eriocaulon australasicum |
|
Eriocaulon pusillum |
|
Eriostemon ericifolius |
|
Eriostemon sp. (L.J. Brass 19483; Mt Tozer) |
|
Eriostemon wonganensis |
|
Erythranthera pumila |
|
Eucalyptus articulata Brooker & Hopper ms. |
|
Eucalyptus leprophloia Brooker & Hopper ms. |
|
Eucalyptus aquatica |
|
Eucalyptus argophloia |
|
Eucalyptus argutifolia |
|
Eucalyptus balanites |
|
Eucalyptus beardiana |
|
Eucalyptus bennettiae |
|
Eucalyptus benthamii |
|
Eucalyptus blaxellii |
|
Eucalyptus brevipes |
|
Eucalyptus burdettiana |
|
Eucalyptus cadens |
|
Eucalyptus camfieldii |
|
Eucalyptus ceracea |
|
Eucalyptus cerasiformis |
|
Eucalyptus coronata |
|
Eucalyptus crispata |
|
Eucalyptus crucis |
|
Eucalyptus erectifolia |
|
Eucalyptus glaucina |
|
Eucalyptus goniantha goniantha |
|
Eucalyptus hallii |
|
Eucalyptus imlayensis |
|
Eucalyptus infera |
|
Eucalyptus insularis |
|
Eucalyptus johnsoniana |
|
Eucalyptus kabiana Johnson & Hill ms. |
|
Eucalyptus kartzoffiana |
|
Eucalyptus langleyi |
|
Eucalyptus lansdowneana |
|
Eucalyptus latens |
|
Eucalyptus lateritica |
|
Eucalyptus leptoloma |
|
Eucalyptus macrorrhyncha cannonii |
|
Eucalyptus mckieana |
|
Eucalyptus merrickiae |
|
Eucalyptus mooreana |
|
Eucalyptus nicholii |
|
Eucalyptus olivacea Brooker & Hopper m.s. |
|
Eucalyptus paedoglauca |
|
Eucalyptus parramattensis decadens |
|
Eucalyptus parvifolia |
|
Eucalyptus pruiniramis |
|
Eucalyptus pulverulenta |
|
Eucalyptus pumila |
|
Eucalyptus rameliana |
|
Eucalyptus raveretiana |
|
Eucalyptus rhodops |
|
Eucalyptus robertsonii hamaespherica |
|
Eucalyptus rubida barbigororum |
|
Eucalyptus rubida canobolensis |
|
Eucalyptus scoparia |
|
Eucalyptus sp. (S.D. Hopper 2736; Norseman) |
|
Eucalyptus steedmanii |
|
Eucalyptus sturgissiana |
|
Eucalyptus suberea |
|
Eucalyptus synandra |
|
Eucalyptus tetrapleura |
|
Eucalyptus virens |
|
Eucalyptus xanthope |
|
Eucryphia sp. (M. Goodwin C1158; Mt Bartle Frere) |
|
Euphrasia amphisysepala |
|
Euphrasia bella |
|
Euphrasia eichleri |
|
Euphrasia phragmostoma |
|
Euphrasia semipicta |
|
Floydia praealta |
|
Fontainea australis |
|
Fontainea rostrata |
|
Fontainea venosa |
|
Gastrolobium appressum |
|
Gastrolobium tomentosum |
|
Gentiana bredboensis |
|
Germainia capitata |
|
Glycine latrobeana |
|
Gnaphalium nitidulum |
|
Goodenia megasepala |
|
Goodenia quadrifida |
|
Grammitis reinwardtii |
|
Graptophyllum excelsum |
|
Graptophyllum ilicifolium |
|
Grevillea caleyi |
|
Grevillea cirsiifolia |
|
Grevillea dryandroides |
|
Grevillea evansiana |
|
Grevillea glossadenia |
|
Grevillea inconspicua |
|
Grevillea infecunda |
|
Grevillea infundibularis |
|
Grevillea involucrata |
|
Grevillea kennedyana |
|
Grevillea prostrata |
|
Grevillea rivularis |
|
Grevillea saccata |
|
Grevillea scortechinii |
|
Grevillea shiressii |
|
Grevillea treueriana |
|
Grevillea venusta |
|
Gymnema brevifolium |
|
Habenaria propinquior |
|
Habenaria xanthantha |
|
Hakea megalosperma |
|
Hakea pulvinifera |
|
Hakea sp. (C. Sandercoe 507; Mariala Scientific Reserve) |
|
Hakea sp. (M. Doherty 17-24; Kowmung River) |
|
Haloragis exalata |
|
Halosarcia bulbosa |
|
Halosarcia flabelliformis |
|
Helicteres sp. (N. Byrnes 1280; Glenluckie Creek) |
|
Hemiandra gardneri |
|
Hemiandra rutilans |
|
Hemigenia viscida |
|
Hensmania chapmanii |
|
Hexaspora pubescens |
|
Hibbertia bracteosa |
|
Hibbertia crispula |
|
Hicksbeachia pinnatifolia |
|
Hodgkinsonia frutescens |
|
Homoranthus darwinioides |
|
Homoranthus decumbens |
|
Homoranthus montanus |
|
Homoranthus porteri |
|
Huperzia lockyeri |
|
Huperzia marsupiiformis |
|
Huperzia phlegmarioides |
|
Huperzia prolifera |
|
Hydrocharis dubia |
|
Hydrocotyle lemnoides |
|
Idiospermum australiense |
|
Indigofera efoliata |
|
Ipomoea (A83192) |
|
Isopogon fletcheri |
|
Ixodia achillaeoides arenicola |
|
Jagera javanica |
|
Jedda multicaulis |
|
Kelleria laxa |
|
Kennedia beckxiana |
|
Kennedia glabrata |
|
Kennedia macrophylla |
|
Kennedia retrorsa |
|
Kunzea cambagei |
|
Lasiopetalum longistamineum |
|
Lasiopetalum micranthum |
|
Lastreopsis walleri |
|
Lawrencia buchananensis |
|
Laxmannia jamesii |
|
Lechenaultia chlorantha |
|
Lechenaultia laricina |
|
Lechenaultia pulvinaris |
|
Lechenaultia superba |
|
Lepidium pseudo-papillosum |
|
Leptorhynchos gatesii |
|
Leptospermum deanei |
|
Leptospermum thompsonii |
|
Leucopogon blakei |
|
Leucopogon cuspidatus |
|
Leucopogon exolasius |
|
Leucopogon obtectus |
|
Limosella granitica |
|
Lindsaea pulchella |
|
Livistona drudei |
|
Livistona mariae |
|
Logania diffusa |
|
Logania insularis |
|
Macadamia integrifolia |
|
Macadamia ternifolia |
|
Macadamia tetraphylla |
|
Macadamia sp. (B. Hyland 3102; Iron Range) |
|
Macropteranthes montana |
|
Macrozamia macdonnellii |
|
Maireana cheelii |
|
Maireana melanocarpa |
|
Malacocera gracilis |
|
Medicosma elliptica |
|
Medicosma obovata |
|
Melaleuca groveana |
|
Melaleuca kunzeoides |
|
Melaleuca sciotostyla |
|
Mesua sp. (A.K. Irvine 1218; Boonjee) |
|
Microcorys eremophiloides |
|
Microlepidium alatum |
|
Micromyrtus blakelyi |
|
Micromyrtus minutiflora |
|
Microstrobos fitzgeraldii |
|
Microtis globula |
|
Minuria tridens |
|
Myoporum cordifolium |
|
Myoporum latisepalum |
|
Myriophyllum coronatum |
|
Myriophyllum implicatum |
|
Myriophyllum porcatum |
|
Neisosperma kilneri |
|
Newcastelia velutina |
|
Nicotiana burbidgeae |
|
Notelaea lloydii |
|
Olearia astroloba |
|
Olearia macdonnellensis |
|
Olearia pannosa pannosa |
|
Oreodendron biflorum |
|
Oreoporanthera petalifera |
|
Owenia cepiodora |
|
Ozothamnus eriocephalus |
|
Ozothamnus tesselatus |
|
Parasarcochilus hirticalcar |
|
Paspalidium grandispiculatum |
|
Persicaria elatior |
|
Persoonia acerosa |
|
Persoonia amalieae |
|
Persoonia glaucescens |
|
Persoonia marginata |
|
Phaius australis |
|
Phaius tancarvilliae |
|
Phebalium equestre |
|
Phebalium lowanense |
|
Phebalium ralstonii |
|
Phebalium rhytidophyllum |
|
Phebalium sympetalum |
|
Phebalium whitei |
|
Phyllota humifusa |
|
Picris evae |
|
Pimelea leptospermoides |
|
Pimelea spinescens spinescens |
|
Pimelea venosa |
|
Pityrodia augustensis |
|
Plectranthus gratus |
|
Pleuropappus phyllocalymmeus |
|
Plinthanthesis rodwayi |
|
Poa sallacustris |
|
Polyscias bellendenkerensis |
|
Pomaderris brunnea |
|
Pomaderris clivicola |
|
Pomaderris halmaturina halmaturina |
|
Pomaderris pallida |
|
Pomaderris parrisiae |
|
Pomaderris sericea |
|
Pomaderris subplicata |
|
Pomatocalpa marsupiale |
|
Prasophyllum frenchii |
|
Prasophyllum morganii |
|
Prasophyllum pallidum |
|
Prasophyllum truncatum |
|
Prasophyllum validum |
|
Prasophyllum wallum |
|
Pratia irrigua |
|
Prostanthera calycina |
|
Prostanthera carrickiana |
|
Prostanthera cineolifera |
|
Prostanthera cryptandroides |
|
Prostanthera densa |
|
Prostanthera discolor |
|
Prostanthera magnifica |
|
Prostanthera sp. (C. Sandercoe C1256; Mt Tinbeerwah) |
|
Prostanthera sp. (D.M. Gordon 84; Dunmore) |
|
Prostanthera stricta |
|
Prostanthera teretifolia |
|
Pterostylis bicornis |
|
Pterostylis cucullata |
|
Pterostylis pulchella |
|
Pterostylis cobarensis |
|
Pterostylis tenuissima |
|
Ptilotus maconochiei |
|
Pultenaea aristata |
|
Pultenaea baeuerlenii |
|
Pultenaea campbellii |
|
Pultenaea glabra |
|
Pultenaea parrisiae Briggs & Crisp ms. |
|
Pultenaea parviflora |
|
Pultenaea selaginoides |
|
Pultenaea setulosa |
|
Pultenaea sp.1 (W. of Wadbilliga trig) |
|
Pultenaea stuartiana |
|
Pultenaea villifera glabrescens |
|
Pultenaea williamsoniana |
|
Quassia bidwillii |
|
Ranunculus anemoneus |
|
Restio longipes |
|
Rhagodia acicularis |
|
Rhamphicarpa australiensis |
|
Rhaphidospora bonneyana |
|
Rhizanthella gardneri |
|
Ricinocarpos gloria-medii |
|
Ricinocarpos trichophorus |
|
Ristantia gouldii |
|
Ristantia pachysperma |
|
Roycea pycnophylloides |
|
Rulingia procumbens |
|
Rulingia prostrata |
|
Rutidosis heterogama |
|
Rutidosis leiolepis |
|
Sagina sp. (A.M. Buchanan 5115; Mt Anne) |
|
Sarcochilus fitzgeraldii |
|
Sarcochilus hartmannii |
|
Sarcochilus weinthalii |
|
Sauropus macranthus |
|
Sclerolaena blakei |
|
Sclerolaena walkeri |
|
Senecio garlandii |
|
Senecio laticostatus |
|
Senecio macrocarpus |
|
Senecio megaglossus |
|
Solanum carduiforme |
|
Solanum dunalianum |
|
Sophora fraseri |
|
Spathoglottis plicata |
|
Sowerbaea subtilis |
|
Spathoglottis plicata |
|
Spirogardnera rubescens |
|
Spyridium coactilifolium |
|
Spyridium eriocephalum glabrisepalum |
|
Spyridium leucopogon |
|
Spyridium microphyllum |
|
Spyridium obcordatum |
|
Stackhousia annua |
|
Stackhousia tryonii |
|
Stawellia dimorphantha |
|
Stemona angusta |
|
Stipa metatoris |
|
Stylidium galioides |
|
Stylidium plantagineum |
|
Swainsona laxa |
|
Swainsona minutiflora |
|
Swainsona murrayana |
|
Swainsona plagiotropis |
|
Swainsona pyrophila |
|
Symplocos baeuerlenii |
|
Symplocos sp. (W.J. MacDonald 3823; Imbil—Beenleigh) |
|
Syzygium hodgkinsoniae |
|
Syzygium moorei |
|
Syzygium paniculatum |
|
Syzygium velarum |
|
Taraxacum cygnorum |
|
Tasmannia glaucifolia |
|
Tasmannia purpurascens |
|
Tephrosia leveillei |
|
Tetratheca aphylla |
|
Tetratheca glandulosa |
|
Tetratheca harperi |
|
Tetratheca juncea |
|
Thelymitra matthewsii |
|
Thelymitra psammophila |
|
Thelymitra stellata |
|
Thesium australe |
|
Thomasia montana |
|
Thomasia sp. (A.S. George 8075; York) |
|
Thryptomene wittweri |
|
Tinospora tinosporoides |
|
Toechima pterocarpum |
|
Tribonanthes purpurea |
|
Trichanthodium baracchianum |
|
Trichoglottis australiensis |
|
Trigonostemon inopinatus |
|
Trymalium minutiflorum |
|
Tylophora williamsii |
|
Vanda hindsii |
|
Verreauxia verreauxii |
|
Verticordia creba |
|
Verticordia helichrysantha |
|
Verticordia staminosa |
|
Villarsia calthifolia |
|
Vittadinia sericea |
|
Wahlenbergia glabra |
|
Westringia davidii |
|
Westringia parvifolia |
|
Wrixonia schultzii |
|
Wurmbea tubulosa |
|
Wurmbea sp. (S.D. Hopper 5871; Cape Natwaliste) |
|
Xanthostemon oppositifolius |
|
Xanthostemon youngii |
|
Xerothamnella parvifolia |
|
Xyris sp. (G.J. Keighery 7951; Stirling Range) |
|
ZGenus nov.1 sp. (B. Hyland 2519; Boonjee) |
|
Zieria citriodora Armstrong ms. |
|
Zieria collina |
|
Zieria covenyi Armstrong ms. |
|
Zieria granulata |
|
Zieria ingramii Armstrong ms. |
|
Zieria involucrata |
|
Zieria murphyi |
|
Zieria rimulosa |
|
Zieria tuberculata Armstrong ms. |
|
Zieria obovata (C.T. White) Armstrong ms. |
|
Zieria verrucosa Armstrong ms. |
|
Genus, species (subspecies, Common Name
population)
Animals
Fish
nil
Amphibians
nil
Reptiles
nil
Birds |
| |||
Aplonis fusca | Norfolk Island Starling | |||
Columba vitiensis godmanae | Lord Howe Pigeon | |||
Cyanoramphus novaezelandiae erythrotis | Macquarie Island Parakeet | |||
Cyanoramphus novaezelandiae subflavescens | Lord Howe Parakeet | |||
Dasyornis broadbenti littoralis | South-western Rufous Bristlebird | |||
Dromaius baudinianus | Kangaroo Island Emu | |||
Dromaius minor | Dwarf Emu/King Island Emu | |||
Drymodes superciliaris colcloughi | Roper River Scrub-robin | |||
Gerygone insularis | Lord Howe Warbler | |||
Hemiphaga novaeseelandiae spadicea | New Zealand Pigeon (Norfolk Island Race) | |||
Lalage leucopyga leucopyga | Norfolk Island Long-tailed Triller | |||
Nestor productus | Norfolk Island Kaka | |||
Ninox novaeseelandiae albaria | Lord Howe Boobook Owl | |||
Notornis alba | White Gallinule | |||
Psephotus pulcherrimus | Paradise Parrot | |||
Rallus pectoralis clelandi | Lewin’s Water Rail (western race) | |||
Rallus philippensis maquariensis | Macquarie Island Rail | |||
Rhipidura cervina | Lord Howe Fantail | |||
Turdus xanthopus vinitinctus | Lord Howe Island Vinous-tinted Thrush | |||
Zosterops strenua | Robust White-eye | |||
Mammals |
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Caloprymnus campestris | Desert Rat-kangaroo | |||
Chaeropus ecaudatus | Pig-footed Bandicoot | |||
Conilurus albipes | White-footed Rabbit-rat | |||
Lagorchestes asomatus | Central Hare-wallaby | |||
Lagorchestes leporides | Eastern Hare-wallaby | |||
Leporillus apicalis | Lesser Stick-nest Rat | |||
Macropus greyi | Toolache Wallaby | |||
Macrotis leucura | Lesser Bilby | |||
Notomys amplus | Short-tailed Hopping-mouse | |||
Notomys longicaudatus | Long-tailed Hopping-mouse | |||
Notomys macrotis | Big-eared Hopping-mouse | |||
Notomys mordax | Darling Downs Hopping-mouse | |||
Onychogalea lunata | Crescent Nailtail Wallaby | |||
Potorous platyops | Broad-faced Potoroo | |||
Potorous tridactylus gilberti | Gilbert’s Potoroo | |||
Pseudomys fieldi | Alice Springs Mouse | |||
Pseudomys gouldii | Gould’s Mouse | |||
Pteropus brunneus | Percy Island Flying Fox | |||
Rattus macleari | Christmas Island Rat | |||
Rattus nativitatus | Christmas Island Rat | |||
Thylacinus cynocephalus | Thylacine | |||
Plants |
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Acacia murrumboensis |
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Acacia prismifolia |
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Acacia volubilis |
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Acanthocladium dockeri |
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Acianthus ledwardii |
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Agrostis limitanea |
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Amphibromus whitei |
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Argentipallium spiceri |
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Beyeria lepidopetala |
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Caladenia atkinsonii |
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Caladenia pumila |
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Calothamnus accedens |
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Cassytha pedicellosa |
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Centrolepis caespitosa |
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Choristemon humilis |
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Coleanthera virgata |
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Deyeuxia drummondii |
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Deyeuxia lawrencei |
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Dicrastylis morrisonii |
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Eriostemon falcatus |
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Euphorbia carissoides |
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Euphrasia arguta |
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Euphrasia sp. (Rupp sn. —/9/1904; Tamworth) |
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Frankenia conferta |
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Frankenia decurrens |
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Frankenia parvula |
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Gentiana baeuerlenii |
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Glyceria drummondii |
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Grevillea divaricata |
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Gyrostemon reticulatus |
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Haloragis platycarpa |
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Hemigenia exilis |
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Hemigenia obtusa |
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Hutchinsia tasmanica |
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Hydatella leptogyne |
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Hymenophyllum whitei |
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Hypsela sessiliflora |
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Lasiopetalum rotundifolium |
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Lepidium drummondii |
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Lepidium peregrinum |
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Leptomeria dielsiana |
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Leptomeria laxa |
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Leucopogon cryptanthus |
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Leucopogon marginatus |
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Menkea draboides |
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Nemcia lehmannii |
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Oberonia attenuata |
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Olearia oliganthema |
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Opercularia acolytantha |
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Ozothamnus selaginoides |
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Persoonia prostrata |
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Phebalium lachnaeoides |
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Phlegmatospermum drummondii |
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Pimelea spinescens pubiflora |
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Platysace dissecta |
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Plectrachne bromoides |
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Prasophyllum subbisectum |
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Pseudanthus nematophorus |
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Ptilotus fasciculatus |
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Ptilotus pyramidatus |
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Rapanea sp. (J.H. Maiden & J.L. Boorman NSW 26751; North Coast) |
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Scaevola attenuata |
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Scaevola macrophylla |
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Schoenus natans |
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Senecio georgianus |
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Stylidium merrallii |
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Stylidium neglectum |
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Tetraria australiensis |
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Tetratheca elliptica |
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Tetratheca fasciculata |
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Thomasia gardneri |
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Tmesipteris lanceolata |
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Trachymene scapigera |
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Trianthema cypseloides |
| |||
Schedule 3—Key Threatening Processes
Predation by the European red fox (Vulpes vulpes)
Dieback caused by the root-rot fungus (Phytophthora cinnamoni)
Predation by feral cats
Competition and land degradation by feral rabbits
Competition and land degradation by feral goats
Schedule 4—Agreements Between Australia and other Countries
Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment signed at Tokyo on 6 February 1974.
Convention on Wetlands of International Importance especially as Waterfowl Habitat adopted on 2 February 1971 by the International Conference on the Conservation of Wetlands and Waterfowl held at Ramsar, Iran.
Convention on the Conservation of Migratory Species of Wild Animals signed at Bonn on 23 June 1979.
Convention on Conservation of Nature in the South Pacific, signed at Apia, Western Samoa on 12 June 1976.
Agreement between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds and their Environment (CAMBA) signed at Canberra on 20 October 1986.
Convention for the Protection of the Natural Resources and Environment of the South Pacific (the SPREP Convention) signed at Noumea on 24 November 1986.
NOTES
1. The Endangered Species Protection Act 1992 as shown in this reprint comprises Act No. 194, 1992 amended as indicated in the Tables below.
All relevant information pertaining to application, saving or transitional provisions see Table A
Table of Acts
Act | Number | Date | Date of commencement | Application, saving or transitional provisions |
Endangered Species Protection Act 1992 | 194, 1992 | 21 Dec 1992 | 30 Apr 1993 (see Gazette 1993, No. S46) |
|
Environment, Sport and Territories Legislation Amendment Act 1994 | 113, 1994 | 16 Sept 1994 | 16 Sept 1994 | — |
Environment, Sport and Territories Legislation Amendment Act 1997 | 118, 1997 | 7 July 1997 | Schedule 1 (items 23-26): Royal Assent (a) | Sch. 1 (item 26) [see Table A] |
Audit (Transitional and Miscellaneous) Amendment Act 1997 | 152, 1997 | 24 Oct 1997 | Schedule 2 (item 734): 1 Jan 1998 (see Gazette 1997, No. GN49) (b) | — |
(a) The Endangered Species Protection Act 1992 was amended by Schedule 1 (items 23-26) only of the Environment, Sport and Territories Legislation Amendment Act 1997, subsection 2(1) of which provides as follows:
“(1) Subject to subsections (2), (3) and (4), this Act commences on the day on which it recieves the Royal Assent.”
(b) The Endangered Species Protection Act 1992 was amended by Schedule 2 (item 734) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:
“(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.”
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 4 .................... | am. No. 113, 1994; No. 118, 1997 |
S. 6 .................... | am. No. 118, 1997 |
S. 24 ................... | am. No. 118, 1997 |
S. 49................... | am. No. 152, 1997 |
S. 138.................. | am. No. 113, 1994 |
TABLE A
Application, Saving or Transitional Provisions
Environment, Sport and Territories Legislation Amendment Act 1997
(No. 118, 1997)
The amendment made by item 25 does not apply to a decision under subsection 24(2) if the Scientific Subcommittee’s advice was received before the commencement of that item. In that case, the former 30 day limit continues to apply.