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Endangered Species Protection Act 1992
No. 194, 1992
No longer in force
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C2004C03772
05 December 1999
-
15 July 2000
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Part 1—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Objects of Act
4 Definitions
5 Commonwealth areas
6 Endangered species and ecological communities
7 Vulnerable species
8 Species that are presumed extinct
9 Interests in Commonwealth areas
10 Disallowance of certain intruments
11 Certain Territories regarded as States
12 Act to bind Crown
13 External Territories
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Part 2—Listing
14 Outline of this Part
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Division 1—Lists of species etc.
15 Lists of native species
16 Lists of ecological communities
17 List of key threatening processes
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Division 2—The listing process
18 Minister may amend lists
19 Reasons for amendments of lists
20 Native species etc. that are endangered
21 Native species that are vulnerable
22 Native species that are presumed extinct
23 Key threatening processes
24 Minister must consider advice from Scientific Subcommittee
25 Public may nominate native species etc.
26 Rediscovery of native species that were presumed extinct
27 Minister only to consider nature conservation matters
28 Species posing a serious threat to human health
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Division 3—Publication of lists
29 Director to make lists available to the public
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Part 3—Recovery plans and threat abatement plans
30 Outline of this Part
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Division 1—Obligations to prepare etc. plans
31 Recovery plans
32 Content of recovery plans
33 Threat abatement plans
34 Content of threat abatement plans
35 Eradication of non-native species
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Division 2—Preparation and variation of plans by the Commonwealth
36 Deadlines for preparing plans
37 Advisory Committee to advise on scheduling of plans
38 Preparation of draft plans
39 Consultation on draft plans
40 Consideration of comments
41 Approval by the Minister
42 Director to make plans available to the public
43 Variation of plans
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Division 3—Preparation and variation of plans by States etc.
44 Commonwealth assistance for the preparation of draft plans
45 Advisory Committee to advise on assistance
46 Adoption of draft plans
47 Director to publicise adoption of draft plans
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Division 4—General
48 Commonwealth assistance for implementation of plans
49 Reports on preparation and implementation of plans
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Part 4—Conservation agreements
50 Outline of this Part
51 Director may enter into conservation agreements
52 Content of conservation agreements
53 Conservation agreements to be legally binding
54 Publication of conservation agreements
55 List of conservation agreements
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Part 5—Conservation orders
56 Outline of this Part
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Division 1—Interim conservation orders
57 Minister may make interim conservation orders
58 Limitations on the power to make interim conservation orders
59 Grounds for making interim conservation orders
60 Consideration of the social and economic impact of interim conservation orders
61 Procedure for making interim conservation orders
62 Duration of interim conservation orders
63 Publication of interim conservation orders
64 Application for reconsideration of interim conservation orders
65 Reconsideration of interim conservation orders
66 Director to attempt to enter into conservation agreements
67 Assistance for complying with interim conservation orders
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Division 2—Permanent conservation orders
68 Minister may make permanent conservation orders
69 Grounds for making permanent conservation orders
70 Economic and social considerations
71 Procedure for making permanent conservation orders
72 Duration of permanent conservation orders
73 Reviews of permanent conservation orders
74 Publication of permanent conservation orders
75 Application for reconsideration of permanent conservation orders or decisions on review
76 Reconsideration of permanent conservation orders and decisions on review
77 Assistance in complying with permanent conservation orders
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Division 3—Impact assessment conservation orders
78 Application of this Division
79 Minister may make impact assessment conservation orders
80 Grounds for making impact assessment conservation orders
81 Consideration of the social and economic impact of impact assessment conservation orders
82 Procedure for making impact assessment conservation orders
83 Duration of impact assessment conservation orders
84 Publication of impact assessment conservation orders
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Part 6—Obligations to protect species etc.
85 Outline of this Part
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Division 1—Obligations on persons generally
86 Compliance with conservation orders
87 Taking etc. listed native species
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Division 2—Permits for taking etc. listed native species
88 Application for permits
89 Director may issue permits
90 Public consultation
91 Deadline for making a decision
92 Cancellation of permits
93 Notification of rights to reconsideration
94 Application for reconsideration
95 Reconsideration of decisions
96 Review by the Administrative Appeals Tribunal
97 Surrender of permits
98 Publication of permit details etc.
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Division 3—Additional obligations of Commonwealth agencies
99 Compliance with recovery plans and threat abatement plans
100 Compliance with impact assessment conservation orders
101 Effect of Minister’s advice on proposed actions etc.
102 Commonwealth agencies to have regard to certain State laws
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Division 4—Consideration by the Minister of proposed actions etc.
103 Commonwealth agencies to seek advice on proposed actions etc.
104 Minister to consider proposed actions etc.
105 Contents of notices of advice
106 Review by the Administrative Appeals Tribunal
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Division 5—Repair of damage to species etc.
107 Repair of damage
108 Liability for expenses incurred by the Commonwealth
109 Ancillary offences
110 Court may order convicted persons to pay amounts
111 Enforcement of orders for payment
112 Further orders relating to the same act or omission
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Part 7—Administration and enforcement
113 Outline of this Part
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Division 1—Administration
114 General administration of Act
115 Additional functions of Director
116 Delegation
117 Consultation with the Great Barrier Reef Marine Park Authority
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Division 2—Powers of officers
118 Interpretation
119 Extent of powers
120 Arrest without warrant
121 Confiscation and forfeiture
122 Searches of vehicles, aircraft and vessels
123 Searches of land and premises
124 Warrants for searches of land or premises
125 Warrants may be granted by telephone etc.
126 Retention of things seized
127 Officers may require certain information
128 Power to pursue persons and vessels
129 Obstruction of officers etc.
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Division 3—Injunctions
130 Injunctions granted on the application of the Director
131 Injunctions granted on the application of interested persons
132 Interim injunctions
133 Discharge etc. of injunctions
134 Certain limits on granting injunctions not to apply
135 Other powers of the court unaffected
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Part 8—The Endangered Species Advisory Committee and the Endangered Species Scientific Subcommittee
136 Outline of this Part
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Division 1—Establishment and functions of the Endangered Species Advisory Committee
137 Establishment
138 Functions
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Division 2—Membership of the Advisory Committee
139 Constitution
140 Appointment of members
141 Chairperson
142 Terms of office
143 Terms and conditions of appointment
144 Remuneration and allowances
145 Leave of absence
146 Resignation
147 Outside employment
148 Termination of appointment
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Division 3—Meetings of the Advisory Committee
149 Convening meetings
150 Presiding at meetings
151 Quorum
152 Voting at meetings
153 Conduct of meetings
154 Resolutions without meetings
155 Records relating to meetings
156 Disclosure of interests
157 Persons may be invited to attend meetings
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Division 4—The Endangered Species Scientific Subcommittee
158 Establishment
159 Functions
160 Constitution
161 Chairperson of Scientific Subcommittee
162 Terms of office
163 Meetings of the Scientific Subcommittee
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Division 5—Miscellaneous
164 Assistance for the Committees
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Part 9—Miscellaneous
165 Inventories of listed native species etc.
166 Surveys of marine species etc.
167 Obligations under this Act unaffected by lack of inventories or surveys
168 Review of Operation of Act
169 Waiver of obligations imposed by this Act
170 Effect of failure to meet time limits
171 This Act to be subject to international obligations
172 Compensation
173 Raising funds
174 International assistance
175 Giving effect to international agreements
176 Regulations
Part 1—Species that are Endangered
Part 2—Species that are vulnerable
Part 3—Species that are presumed extinct
(Currently no entries)
Schedule 4—Agreements between Australia and other countries
Notes to the STYLEREF ShortT \* MERGEFORMAT Endangered Species Protection Act 1992
