For the definition of large-scale disposal facility in subsection 22 (2) of the Act, a facility used for the disposal of radioactive materials at or above the activity level mentioned in regulation 2.02 is prescribed.

(1)

This regulation applies in relation to a decision by the Minister to accredit a management plan that applies to a fishery for the purposes of a declaration under section 33 of the Act.

(2) For paragraph 33 (3) (a) of the Act, the criteria that must be met by the management plan and the law under which it is in force, or is to be in force, are as follows:

(a)

the law under which the management plan is in force, or is to be in force, must be the Fisheries Management Act 1991 or the Torres Strait Fisheries Act 1984;

(b)

the management plan must be endorsed by the Minister under an agreement made under section 146 of the Act;

(c)

the management plan must be in the form in which it was endorsed.

(3)

In this regulation:

For paragraph 50 (b) of the Act, this Part sets out the requirements that the Minister must be satisfied are met by a bilateral agreement that includes a declaration under subsection 47 (1) of the Act before the Minister enters into the agreement.

The bilateral agreement must:

(a)

identify each assessment approach used in the manner of assessment specified in the agreement; and

(b)

for each assessment approach, state that it is taken to correspond to assessment:

(i)

on preliminary documentation under Division 4 of Part 8 of the Act; or

(ii)

by public environment report under Division 5 of Part 8 of the Act; or

(iii)

by environmental impact statement under Division 6 of Part 8 of the Act; or

(iv)

by inquiry under Division 7 of Part 8 of the Act.

(1)

The bilateral agreement must provide that documentation about each assessment made under the manner of assessment specified in the agreement must be made available to the public.

(2)

However, the bilateral agreement may provide that access to relevant documents may be restricted if it would not be available if the action to which the bilateral agreement applies had been assessed under Part 8 of the Act by the Commonwealth.

Note   Information is not available on the grounds of national security, if it is advice to the Minister or if it is commercial-in-confidence. See, for example, the Act, section 95.

The bilateral agreement must provide that special arrangements should be made, if appropriate, to ensure that affected groups with particular communication needs have adequate opportunity to comment on actions to be assessed under the manner of assessment specified in the agreement.

This Division applies to each manner of assessment specified in an agreement described in subsection 47 (1) of the Act.

The bilateral agreement may make a declaration in accordance with subsection 47 (1) of the Act only if the specified manner of assessment meets the criteria mentioned in Schedule 1.

For section 72 of the Act, this Part sets out:

(a)

how to refer a proposal to take an action; and

(b)

what information such a referral must include.

A referral must:

(a)

be given to the Department; and

(b)

be made in writing or electronically; and

(c)

be of a length, size and form that can readily be:

(i)

understood by the public; and

(ii)

published on the internet.

(1)

A referral must include the information mentioned in Schedule  2.

(2)

However, information does not have to be included if it would, in all the circumstances, be unreasonable to expect the information to be included.

Example of information that does not have to be included

Information of a kind that could only reasonably be obtained by preparing an environmental impact statement.

Note 1   If the Minister believes on reasonable grounds that not enough information has been given for the Minister to decide whether the action is a controlled action, the Minister may ask for more information to be given — see Act, section 76.

For section 86 of the Act, this Division sets out:

(a)

what information the designated proponent of an action, or a person proposing to take an action, must give to the Minister; and

(b)

how the information is to be given.

The information must:

(a)

be given to the Department; and

(b)

be given in writing or electronically; and

(c)

be of a length, size and form that can readily be:

(i)

understood by the public; and

(ii)

published on the internet.

(1)

The information that must be given to the Minister is the information mentioned in:

(a)

for information that must be given because of the operation of section 162 of the Act — Part 2 of Schedule 3; and

(b)

in any other case — Part 1 of Schedule  3.

(2)

Information may be given by reference to information given:

(a)

under regulation 4.03 in the referral of the proposal to take an action; or

(b)

under regulation 1 7.02 in an application for a permit in relation to whales, dolphins or porpoises.

(3)

However, information, including information mentioned in item 8 of Part 1 of Schedule 3, does not have to be included if, in all the circumstances, it would be unreasonable to expect the information to be included.

Example of information that does not have to be included

Information of a kind that could only reasonably be obtained by preparing an environmental impact statement.

Note 1   If the Minister believes on

(4)

Information given under this Division must state:

(a)

the source of the information; and

(b)

how recent the information is; and

(c)

how the reliability of the information was tested; and

(d)

what uncertainties (if any) are in the information.

For paragraphs 97 (2) (b) and 102 (2) (b) of the Act, the Minister must seek to ensure a draft public environment report or environmental impact statement addresses the matters mentioned in Schedule 4.

For paragraph 160 (2) (d) of the Act, each of the following actions, if it has, will have or is likely to have a significant impact on the environment, is prescribed:

(a)

an action authorised by a permit under the Environment Protection (Sea Dumping) Act 1981;

(b)

an action authorised by a Basel permit, or by a variation of a Basel permit, under the Hazardous Waste (Regulation of Exports and Imports) Act 1989;

(c)

an action authorised by a grant, renewal or variation of a permit or the grant of an exemption certificate under the Sea Installations Act 1987;

(d)

an action authorised by a permit or authority under the Wildlife Protection (Regulation of Exports and Imports) Act 1982;

(e)

an action authorised by a permit or authority (however described) under the Great Barrier Reef Marine Park Act 1975 or the Great Barrier Reef Marine Park Regulations 1983.

For subsection 161 (4) of the Act, a referral must include the following information:

(a)

the name, address and telephone number of:

(i)

the Commonwealth agency or employee of the Commonwealth making the referral; and

(ii)

the person proposing to take the action; and

(iii)

the person nominated by the Commonwealth agency or employee of the Commonwealth as the designated proponent;

(b)

the kind of authorisation of the action that the Commonwealth agency or employee proposes to give;

(c)

a general description of the location of the action;

(d)

the timeframe in which the action is proposed to be taken.

For section 179 of the Act, a native species is in the critically endangered, endangered or vulnerable category if it meets any of the criteria for the category mentioned in the following table:

Note   The

For section 182 of the Act, an ecological community is in the critically endangered, endangered or vulnerable category if it meets any of the criteria for the category mentioned in the following table:

Note   The

For subsection 191 (1) of the Act, this Division sets out how a nomination to the Minister must be made.

Note   A person may nominate a native species, an ecological community or a threatening process to be included in a list or a particular category of a list — see Act, section 191.

A nomination must:

(a)

be in writing or electronic form; and

(b)

include the full name, signature, address, telephone number and e-mail address (if any) of each person making the nomination.

(1)

This regulation applies to a nomination for a native species to be included in a particular category of the list referred to in section 178 of the Act.

(2)

The nomination must include the following information:

(a)

the scientific name (if any) of the species;

(b)

any common name, or names by which the species is known to a person making the nomination;

(c)

if the species is not conventionally accepted:

(i)

a taxonomic description of the species in a form suitable for publication in conventional scientific literature; or

(ii)

if a description for subparagraph (i) is not available, evidence that a scientific institution has a specimen of the species and a written statement, signed by a person who is a taxonomist and has relevant expertise, that the person thinks the species is a new species;

(d)

the category for which the species is nominated;

(e)

why a person making the nomination thinks that the species comes within the definition of the category for which it is nominated;

(f)

if a species is nominated for a category mentioned in subsection 179 (3), (4) or (5) of the Act, why a person making the nomination thinks that the species meets the criteria mentioned in regulation 7.01 for the category.

(3)

For subparagraph (2) (c) (ii), a person has relevant expertise if the person has worked, or is a published author, on the class of species nominated.

(1)

This regulation applies to a nomination for an ecological community to be included in a particular category of the list referred to in section 181 of the Act.

(2)

The nomination must include the following information:

(a)

the generally accepted name (if any) of the ecological community;

(b)

a description of the ecological community that distinguishes it from any other ecological community by reference to:

(i)

its biological and non-biological components; and

(ii)

the processes by which those components interact (if known); and

(iii)

its known natural distribution, including the bioregions where it occurs;

(c)

why a person making the nomination thinks that the ecological community meets the criteria mentioned in regulation 7.02 for the category for which it is nominated.

(1)

This regulation applies to a nomination for a threatening process to be included in the list mentioned in section 183 of the Act.

(2)

The nomination must include the following information:

(a)

a description of the threatening process that distinguishes it from any other threatening process by reference to:

(i)

its biological and non-biological components; and

(ii)

the processes by which those components interact (if known);

(b)

a name for the threatening process;

(c)

any species listed in a category of the list referred to in section 178 of the Act, or ecological community listed in a category of the list mentioned in section 181 of the Act, that is considered by a person making the nomination to be adversely affected by the threatening process;

(d)

any species or ecological community, other than those listed in a category of the lists mentioned in section 178 or 181 of the Act, that could become eligible for listing in 1 of those categories because of the threatening process;

(e)

why a person making the nomination thinks that the process is eligible to be treated as a key threatening process under subsection 188 (4) of the Act.

(1)

This regulation sets out the particulars of an action of which a person must notify the Secretary under the following provisions of the Act:

(a)

paragraph 199 (2) (b);

(b)

paragraph 214 (2) (b);

(c)

paragraph 232 (2) (b);

(d)

paragraph 256 (2) (b).

(2)

The particulars are:

(a)

the time and place of the action; and

(b)

the circumstances that led to the action; and

(c)

the number of members of each species affected by the action; and

(d)

the consequences of the action.

(1)

For subsection 207A (1) of the Act, the Minister may, in identifying habitat, take into account the following matters:

(a)

whether the habitat is used during periods of stress;

Examples of period of stress

Flood, drought or fire.

(b)

whether the habitat is used to meet essential life cycle requirements;

Examples

Foraging, breeding, nesting, roosting, social behaviour patterns or seed dispersal processes.

(c)

the extent to which the habitat is used by important populations;

(d)

whether the habitat is necessary to maintain genetic diversity and long-term evolutionary development;

(e)

whether the habitat is necessary for use as corridors to allow the species to move freely between sites used to meet essential life cycle requirements;

(f)

whether the habitat is necessary to ensure the long-term future of the species or ecological community through reintroduction or re-colonisation;

(g)

any other way in which habitat may be critical to the survival of a listed threatened species or a listed threatened ecological community.

(2)

The Minister must, when making or adopting a recovery plan, consider whether to list habitat that is identified in the recovery plan as being critical to the survival of the species or ecological community for which the recovery plan is made or adopted.

(3)

Before listing habitat in the register, the Minister must:

(a)

consider any advice from the Scientific Committee about whether the habitat is critical to the survival of a listed threatened species or listed threatened community; and

(b)

if the habitat is not in a Commonwealth area, be satisfied that reasonable steps have been taken to consult with the owner of the property where the habitat is located.

(1)

For subsection 207A (1) of the Act, a description of habitat listed in the register must include:

(a)

enough information to identify the habitat, including its location and extent; and

(b)

the reasons the habitat was identified as critical habitat.

(2)

A copy of the register must be available for public inspection at an office of the Department and an appropriate location on the internet.

(3)

However, information on the register is not to be made available for public inspection if the Minister believes that it is necessary to keep the information confidential to protect:

(a)

the species or ecological community or the habitat; or

(b)

the interests of relevant landholders.

(1)

For paragraph 270 (2) (j) of the Act, a recovery plan must describe to the extent practicable, with spatial information:

(a)

the location of species or ecological communities for which it is made; and

(b)

areas of habitat that are critical to the survival of the species or ecological communities; and

(c)

important populations of the species or ecological communities that are necessary for their long-term survival and recovery; and

(d)

any areas that are affected by a threatening process.

(2)

A recovery plan should state:

(a)

what must be done to stop the decline of, and support the recovery and survival of, the species or ecological community, including action:

(i)

to protect important populations; and

(ii)

to protect and restore habitat; and

(iii)

to manage and reduce threatening processes; and

(b)

to the extent possible, what management practices are necessary to avoid a significant adverse impact on the species or ecological community.

(3)

For paragraph 270 (2) (d) of the Act, the criteria mentioned in regulation 7.09 must be considered in identifying habitat that is critical to the survival of the species or community concerned.

For paragraph 271 (2) (g) of the Act, a threat abatement plan must state:

(a)

any of the following that may be adversely affected by the key threatening process concerned:

(i)

listed threatened species or listed threatened ecological communities;

(ii)

areas of habitat listed in the register of critical habitat kept under section 207A of the Act;

(iii)

any other native species or ecological community that is likely to become threatened if the process continues; and

(b)

in what areas the actions specified in the plan most need to be taken for threat abatement.

For subsection 308 (6) of the Act, the Minister must cause a copy of an order terminating or varying a conservation agreement to be laid before each House of the Parliament within 20 sitting days after publication of the order.

For paragraph 247 (d) of the Act, this Division provides for the protection and conservation of cetaceans.

(1)

This Division applies in the Australian Whale Sanctuary, other than the coastal waters of a State or the Northern Territory for which a declaration under section 228 of the Act is in force.

(2)

A person does not contravene this Division only because:

(a)

a cetacean approaches the person; or

(b)

the person takes an action to which section 231 of the Act applies.

(1)

This regulation applies to a person who is operating a restricted craft in the Australian Whale Sanctuary.

(2)

If the person observes that the craft is approaching a cetacean or that a cetacean is approaching the craft, he or she must slow down and keep the craft at least 300 metres away from the cetacean.

Penalty:   50 penalty units.

(1)

This regulation applies to a person who is operating, in the Australian Whale Sanctuary, a vessel that is not a restricted craft.

(2)

Within the caution zone of a cetacean, the person must:

(a)

operate the vessel at a constant slow speed so that its wake is negligible; and

(b)

make sure the vessel does not drift or approach closer to the cetacean than:

(i)

for a large whale — 100 metres; or

(ii)

for a dolphin or porpoise — 50 metres; and

(c)

if the cetacean shows signs of being disturbed, immediately withdraw the vessel from the caution zone at a constant slow speed so that its wake is negligible; and

(d)

if there is more than 1 person on the vessel, post a lookout; and

(e)

only approach a cetacean:

(i)

from the rear, no closer than 30 degrees to its observed direction of travel; or

(ii)

by positioning the vessel ahead of the cetacean at more than 30 degrees from its observed direction of travel; and

(f)

for a motorised vessel approaching a whale under power, keep the vessel downwind of the whale; and

(g)

avoid sudden or repeated changes in direction or speed; and

(h)

avoid abrupt reductions in the noise level of the vessel; and

(i)

avoid excessive engine use, gear changes, manoeuvring or backing up of the vessel; and

(j)

avoid using bow or stern lateral thrusters to maintain position; and

(k)

not restrict the path of the cetacean; and

(l)

not pursue the cetacean or allow the vessel to move into or through a group of cetaceans.

Penalty:   50 penalty units.

Note   If a cetacean approaches a vessel or comes within the limits mentioned in paragraph (2) (b), subregulations 8.04 (7) and (8) apply.

(3)

The person must not allow the vessel to enter the caution zone of a calf or a pod containing a calf.

Penalty:   50 penalty units.

(4)

If the vessel accidentally enters the caution zone of a calf or a pod containing a calf, the person:

(a)

must immediately stop the vessel; and

(b)

must:

(i)

turn off the vessel's engines or place them in neutral; or

(ii)

withdraw the vessel from the caution zone at a constant slow speed so that its wake is negligible.

Penalty:   50 penalty units.

(5)

The person must not enter the caution zone of a cetacean if there are already 2 vessels in the caution zone.

Penalty:   50 penalty units.

(6)

When leaving the caution zone of a cetacean, the person must withdraw the vessel:

(a)

at a constant slow speed so that its wake is negligible; and

(b)

to the outer limit of the closest cetacean's caution zone before gradually increasing speed.

Penalty:   50 penalty units.

(7)

If a cetacean, other than a dolphin, approaches a vessel or comes within the limits mentioned in paragraph (2) (b), the person must:

(a)

place the engines in neutral, let the cetacean approach and avoid engaging propellers; or

(b)

slow down and continue on a course that will avoid a potential collision; or

(c)

steer a straight course away from the cetacean at a speed not more than 4 knots.

Penalty:   50 penalty units.

(8)

If a dolphin approaches the vessel or comes within the limits mentioned in paragraph (2) (b), the person must not change the course or speed of the vessel suddenly.

Penalty:   50 penalty units.

(9)

If a large whale surfaces near the vessel when it is being operated for a purpose other than for watching cetaceans, the person must take all care necessary to avoid a collision, including:

(a)

stopping; or

(b)

slowing down; or

(c)

steering away from the cetacean.

Penalty:   50 penalty units.

(1)

This regulation applies to a person who is operating an aircraft in the Australian Whale Sanctuary.

(2)

The person:

(a)

must not operate the aircraft at a height lower than 1 000 feet within a horizontal radius of 300 metres of a cetacean; and

(b)

must not allow the aircraft to approach a cetacean from head on; and

(c)

if the aircraft can land on water, must not land the aircraft on water to observe a cetacean; and

(d)

if a cetacean being observed shows signs of being disturbed, must immediately withdraw the aircraft; and

Examples of signs of disturbance

1   Immediate or repeated dives.

2   Increased swimming speed.

(e)

if the aircraft is a helicopter:

(i)

must stay at least 1 000 metres away from a cetacean; and

(ii)

must not hover over a cetacean.

Penalty:   50 penalty units.

(1)

A person must not intentionally feed or attempt to feed a cetacean that is in a natural environment.

Penalty:   50 penalty units.

(2)

Subregulation (1) does not apply to the routine discarding of bycatch by a commercial fisher if he or she makes reasonable efforts to avoid discarding bycatch near a cetacean.

(3)

For subregulation (1):

(a)

throwing food or rubbish in the water near a cetacean; or

(b)

feeding from a vessel.

A person must avoid:

(a)

touching a cetacean; or

(b)

making sudden movements when within 2 metres of a cetacean.

Penalty:   50 penalty units.

(1)

A person who is within 300 metres of a cetacean must avoid making loud or sudden noises.

Penalty:   50 penalty units.

(2)

A person must not play recorded or amplified sound underwater within 300 metres of a cetacean.

Penalty:   50 penalty units.

(1)

This regulation applies to a person who is in the water.

(2)

The person must not approach closer than 30 metres to a cetacean.

Penalty:   50 penalty units.

(3)

If a cetacean approaches the person, he or she:

(a)

must move slowly to avoid startling it; and

(b)

must not try to touch it or swim toward it.

Penalty:   50 penalty units.

For paragraph 238 (3) (c) of the Act, this Division sets out how whale watching must be carried out.

Note   The Minister must not issue a permit under section 238 of the Act unless satisfied that the specified action is whale watching and is carried out in accordance with these Regulations — see Act, section 238.

This Division applies in the Australian Whale Sanctuary, other than the coastal waters of a State or the Northern Territory for which a declaration under section 228 of the Act is in force.

(1)

A restricted craft must not be used for whale watching.

(2)

A person who operates a vessel for whale watching must operate it in accordance with regulation 8.04.

(3)

A person who operates an aircraft for whale watching must operate it in accordance with regulation 8.05.

(4)

A person who takes part in whale watching must comply with regulations 8.06, 8.07, 8.08 and 8.09.

For subparagraph 238 (3) (d) (ii) of the Act, the export of a part of a cetacean is taken to be an export of a personal item if the Minister is satisfied that:

(a)

the export is not of a kind mentioned in subparagraph 3 (a) or (b) of Article VII of CITES; and

(b)

the part was previously imported as a personal item; and

(c) the part was given as a gift in a ceremony or as personal recognition; and

(d)

the part is an element of an indigenous tradition; and

(e)

the part is not part of a cetacean taken under a permit issued under Article VIII of the International Convention for the Regulation of Whaling done at Washington on 2 December 1946.

For subparagraph 238 (3) (e) (ii) of the Act, the import of a part of a cetacean is taken to be an import of a personal item if the Minister is satisfied that:

(a)

the import is not of a kind mentioned in subparagraph 3 (a) or (b) of Article VII of CITES; and

(b)

the part was given as a gift in a ceremony or as personal recognition; and

(c)

the part is an element of an indigenous tradition; and

(d)

the part is not part of a cetacean taken under a permit issued under Article VIII of the International Convention for the Regulation of Whaling done at Washington on 2 December 1946.

(1)

For subsection 303 (1) of the Act, this Part provides for the conservation of biodiversity in Commonwealth areas.

(2)

In particular, this Part provides for prohibiting and regulating actions affecting members of native species in Commonwealth areas.

(1)

This Part applies to:

(a)

the Coral Sea Islands Territory; and

(b)

the Territory of Christmas Island; and

(c)

the Territory of Cocos (Keeling) Islands.

(2)

However, this Part does not apply to a Commonwealth reserve.

Note   For Commonwealth reserves — see Part 11.

(1)

A person must not kill, injure or take a member of a protected species.

Penalty:   50 penalty units.

(2)

An offence against subregulation (1) is a strict liability offence.

(3)

A person must not damage or destroy a nest or dwelling place of a member of a protected species.

Penalty:   50 penalty units.

(4)

However, this regulation does not apply to an action that:

(a)

is authorised by a permit in force under Part 17; or

(b)

is provided for by, and taken in accordance with, a declaration by the Director to which regulation 20.03 applies; or

(c)

is provided for by, and taken in accordance with, a management plan that is approved by the Minister in accordance with the criterion mentioned in regulation 9.04; or

(d)

is approved under Part 9 of the Act for subsection 23 (1) or (2), 24A (1), (2), (3) or (4), 26 (1) or (2) or 27A (1), (2), (3) or (4) of the Act; or

(e)

is:

(i)

in a class of actions declared by the Minister under section 33 of the Act not to require approval under Part 9 of the Act for subsection 23 (1) or (2), 24A (1), (2), (3) or (4), 26 (1) or (2) or 27A (1), (2), (3) or (4) of the Act; and

(ii)

is taken in accordance with a management plan that is an accredited management plan for the purposes of the declaration; or

(f)

is taken in a humane manner and is reasonably necessary to relieve or prevent suffering; or

(g)

is reasonably necessary to prevent a risk to human health; or

(h)

is taken by a Commonwealth agency, or an agency of a State or of a self-governing Territory and is reasonably necessary for law enforcement; or

(i)

is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or

(j)

occurs because of an unavoidable accident, other than an accident caused by negligent or reckless behaviour.

For paragraph 9.03 (4) (c), a management plan must not, or not be likely to, adversely affect the conservation status of a protected species or a population of a protected species.

(1) For subsections 303CC (3), 303CD (5) and 303DD (4) of the Act, the Minister may determine that an export or import of a specimen is part of a registered, non-commercial exchange of scientific specimens between scientific organisations only if:

(a)

the specimen is lent, given or exchanged without monetary compensation; and

(b)

the specimen is not a live animal; and

(c)

the specimen was legally obtained; and

(d) for a CITES specimen:

(i)

each scientific organisation is registered with a relevant CITES authority; and

(ii)

if one of the scientific organisations is in a country that is not a party to CITES — the CITES Secretariat certifies that the organisation meets the standards for registration with a relevant CITES authority; and

(e) the specimen is identified by a label, attached to the package containing the specimen, that sets out the following information:

(i)

the name and address of each scientific organisation;

(ii)

the registration codes, given by a relevant CITES authority or the Department, for each scientific organisation;

(iii)

the scientific name, common name and a description of the specimen;

(iv)

for a CITES specimen — the Appendix to CITES in which the species to which the specimen belongs is mentioned; and

(f) each organisation, other than an organisation mentioned in paragraph (d):

(i)

meets the standards mentioned in subregulation (2) or is listed in the Index Herbariorum; and

(ii)

has given to the Minister a statement certifying that it complies with subparagraph (i); and

(g)

the scientific organisation that exports the specimen is based in the country from which the specimen is exported.

Note   The Index Herbariorum is a joint project of the International Association for Plant Taxonomy and The New York Botanical Garden. It can be searched on the Internet at http://websun.nybg.org/bsci/ih/.

(2) For subparagraph (1) (f) (i), the standards are the following:

(a)

its collections of animal or plant specimens, and records of them, are permanently housed and professionally curated;

(b)

its specimens are accessible to all qualified users, including those from other institutions;

(c)

its accessions are properly recorded in a permanent catalogue;

(d)

it keeps permanent records for loans and transfers of specimens to other institutions;

(e)

it acquires specimens primarily for research that is to be reported in scientific publications;

(f)

its specimens are prepared, and collections are arranged, in a way that ensures their utility;

(g)

it keeps accurate data on specimen labels, permanent catalogues and other records;

(h)

it acquires and keeps specimens in accordance with the laws of the jurisdiction in which it operates;

(i)

its specimens of species mentioned in Appendix I to CITES are permanently and centrally housed under its direct control and managed in a way that prevents the use of the specimens for decoration, trophies or other purposes incompatible with the principles of CITES.

For subsection 303CC (6) of the Act, an export of a specimen mentioned in Schedule 4A is taken to be an export of a personal or household effect if:

(a)

the export is not of a kind mentioned in subparagraph 3 (a) or (b) of Article VII of CITES; and

(b)

trade in that kind of specimen will not have an adverse effect on the conservation status of a species or ecosystem; and

(c)

the specimen is for the personal use of the exporter; and

(d)

the export is reasonably appropriate for the purpose of the exporter's journey.

For subsection 303CD (3) of the Act, an import of a specimen mentioned in Schedule 4B is taken to be an import of a personal or household effect if:

(a)

the import is not of a kind mentioned in subparagraph 3 (a) or (b) of Article VII of CITES; and

(b)

no export permit is required in the country where the specimen was taken from the wild; and

(c)

the specimen is personally owned by the importer; and

(d)

the import of the specimen is reasonably appropriate for the purpose of the importer's journey.

For paragraph 303CD (4) (c) of the Act:
(a) all species, mentioned in Appendix II to CITES, in the following taxa are specified:

(i)

Order Falconiformes (birds of prey);

(ii)

Order Strigiformes (birds of prey);

(iii)

Sub-family Lutrinae (otters);

(iv)

Family Felidae (cats);

(v)

Family Ursidae (bears);

(vi)

Genus Arctocephalus (seals); and

(b) the following species are specified:

(i)

Ammotragus lervia (Barbary sheep);

(ii)

Bison bison athabascae (wood bison);

(iii)

Cephalophus jentinki (Jentink's duiker);

(iv)

Equus zebra hartmannae (Hartmann's mountain zebra);

(v)

Hippopotamus amphibius (hippopotamus);

(vi)

Kobus leche (lechwe);

(vii)

Ovis canadensis (bighorn or mountain sheep).

(1) This regulation sets out conditions for the following paragraphs of the Act:

(a)

303CG (3) (c);

(b)

303DG (4) (b);

(c)

303EN (3) (e);

(d)

303FN (3) (c);

(e)

303FO (3) (f).

(2) This regulation applies to a live animal of a species in the following classes:

(a)

Mammalia (mammals);

(b)

Amphibia (amphibians);

(c) Reptilia (reptiles);

(d)

Aves (birds).

(3) For paragraphs 303CG (3) (c), 303DG (4) (b) and 303EN (3) (e), the conditions are as follows:

(a)

the animal is prepared and transported in a way that is known to result in minimal stress, risk of injury and adverse effect on the health of the animal;

(b)

the person receiving the animal is suitably equipped to manage, confine and care for the animal, including meeting the behavioural and biological needs of the animal.

(4) For paragraphs 303FN (3) (c) and 303FO (3) (f) of the Act, the conditions are as follows:

(a)

the animal is taken, transported and held in a way that is known to result in minimal stress and risk of injury to the animal;

(b)

if the animal is killed, it is done in a way that is generally accepted to minimise pain and suffering.

Note 1   Code of Practice for the Humane Shooting of Kangaroos, second edition, 1990, published by Environment Australia, applies to the shooting of an animal of a species in the Macropodidae family.
Note 2   Code of Practice for Capture, Handling, Transport and Slaughter of Brush Possums (Trichosurus vulpecula), 1997, published by the Animal Welfare Advisory Committee, Tasmania, applies to live trappings of brush possums in Tasmania.

(1) For paragraphs 303CK (1) (a), 303DJ (1) (a) and 303EQ (1) (a) of the Act, the prescribed particulars of applications, for each specimen for which an application is made, are:

(a)

a description of the specimen; and

(b)

if a category mentioned in subsection 178 (1) of the Act applies to the specimen — that category; and

(c)

if the specimen is a member of a species mentioned in an Appendix to CITES — that Appendix; and

(d)

whether the specimen is to be imported or exported; and

(e)

whether the specimen is alive or dead.

(2) For paragraphs 303CK (1) (b), 303DJ (1) (b) and 303EQ (1) (b) of the Act, the prescribed particulars are:

(a)

the sections of the Act under which the decisions are made; and

(b)

what the decisions are.

For subsection 303EE (1) of the Act, an application must:

(a)

be in writing; and

(b)

be in the form, if any, approved by the Minister; and

(c)

identify the taxon to which the specimen belongs.

For paragraph 303EG (2) (b) of the Act, a specification must be published on the Internet on the Department's website.

For paragraphs 303FC (1) (d) and (2) (d) of the Act, the following conditions are specified:

(a)

the research is done by a person or institution that has sufficient resources and qualifications;

(b)

the researcher publishes, or makes available for inspection, the results of the research in the country where the research is done;

(c)

if asked by the Minister, the researcher gives to the Minister written information about the progress and results of the research;

(d)

during and after the research, the researcher does not allow the specimen, or progeny or products of the specimen, to be used for commercial purposes;

(e)

for research involving a live animal, the animal is held in a way that is known to result in minimal stress and risk of injury to the animal;

(f)

in the case of research in which an animal is killed, the killing is done in a way that is generally accepted to minimise pain and suffering;

(g)

the number of specimens to be imported or exported is appropriate to the needs of the research;

(h)

if possible, the specimen comes from a captive animal or artificially propagated plant.

For paragraphs 303FD (1) (c) and (2) (c) of the Act, the following conditions are specified:

(a)

the specimen will be used for education or training by a private or public institution that has a primary function of educating or training enrolled or registered participants;

(b)

the specimen will not be used for commercial purposes after it is no longer needed for education or training by the institution;

(c)

the specimen is not needed for conservation breeding or propagation by the exporting country;

(d)

if possible, the specimen comes from a captive animal or an artificially propagated plant;

(e)

for education or training involving a live animal, the animal is held in a way that is known to result in minimal stress and risk of injury to the animal;

(f)

in the case of education or training in which an animal is killed, the killing is done in a way that is generally accepted to minimise pain and suffering;

(g)

for a live export of a koala, platypus, wombat or Tasmanian devil, or an animal of an eligible listed threatened species, the exporter, the importer and the Department enter into an agreement about the treatment and disposal of the animal and any progeny of the animal.

For paragraphs 303FE (1) (c) and (2) (c) of the Act, the following conditions are specified:

(a)

the exhibition presents information with a cultural, scientific or conservation content;

(b)

if the specimen is a live animal, it does not belong to a CITES I species;

(c)

the specimen is not used for commercial purposes after it is no longer needed for an exhibition by the institution;

(d)

the specimen is not needed for conservation breeding or propagation by the exporting country;

(e)

if possible, the specimen comes from a captive animal or artificially propagated plant;

(f)

for a live export of a koala, platypus, wombat or Tasmanian devil, or an animal of an eligible listed threatened species, the exporter, the importer and the Department enter into an agreement about the treatment and disposal of the animal and any progeny of the animal.

(1) For paragraphs 303FF (1) (c) and (2) (c) of the Act, a program is taken to be an approved cooperative conservation program if the Minister tells a participant in the program in writing that the Minister is satisfied that:

(a)

the program's objectives are based on the conservation status and conservation needs of the species of which the specimen is a member; and

(b) it is operated in a way that:

(i)

applies best practice to the management of husbandry, genetics, biology and behavioural needs of the species to which the specimen belongs; and

(ii)

is not detrimental to the survival of the species in the wild; and

(c)

it is operated with the intent of conserving the species (in the wild or in captivity, or both); and

(d)

it does not allow a specimen, used in the program, to be used for commercial purposes; and

(e)

it takes into account the conservation breeding or propagation needs of each country from which specimens are imported; and

(f)

a specimen is removed from the program only in accordance with the program's objectives; and

(g)

a specimen is not moved between institutions within the program, or out of the program, in a way that is detrimental to other conservation programs or activities; and

(h)

for a live export of a koala, platypus, wombat or Tasmanian devil, or an animal of an eligible listed threatened species, the exporter, the importer and the Department enter into an agreement about the treatment and disposal of the animal and any progeny of the animal.

(2) A participant in a breeding or propagation program may apply to the Minister in writing for a decision under subregulation (1), and must include with the application enough information for the Minister to decide whether the program has taken into account the views of:

(a)

authorities in the States, Territories or countries where the relevant species occurs naturally; and

(b)

international organisations that are concerned with the conservation status and needs of that species.

(3)

For the purpose of deciding whether a program's objectives are based on the conservation status and conservation needs of a species, the Minister may take into account the views of bodies mentioned in paragraphs (2) (a) and (b).

(4)

If the Minister ceases to be satisfied of any of the matters mentioned in subregulation (1):

(a)

the Minister must tell the person who applied under subregulation (2) in relation to the program, or any other person nominated by the person who so applied, in writing, of that fact; and

(b)

at that time the program ceases to be an approved cooperative conservation program.

(1) For paragraphs 303FG (1) (c) and (2) (d) of the Act, the conditions are that:
(a) the exporter:

(i)

has owned and kept the animal as a household pet; and

(ii)

is leaving Australia or an external Territory with the intention of taking up permanent residence in another country; and

(iii)

has been ordinarily resident in Australia or an external Territory; and

(b)

if the animal is mentioned in the list established under subsection 303FG (4) of the Act, other than Melopsittacus undulatus (budgerigars) and Nymphicus hollandicus (cockatiels), not more than 3 animals are being exported.

(2)

For paragraph 303FG (3) (a) of the Act, the importer must have owned and kept the animal as a household pet.

For paragraphs 303FH (1) (c) and (2) (c) of the Act, the conditions are that the specimen:
(a) is not:

(i)

a CITES I specimen; or

(ii)

an object of trade; and

(b)

for an export — is personally owned by the exporter; and

(c)

for an import — is personally owned by the importer.

For paragraphs 303FI (1) (b) and (2) (b) of the Act, the conditions are that:

(a)

the travelling exhibition presents information with a cultural, scientific or conservation content; and

(b)

if the specimen is a live animal, it is not a CITES I specimen; and

(c)

if the specimen was imported for the purposes of a travelling exhibition, it and any progeny produced after the import are subsequently exported; and

(d)

if the specimen was exported for the purposes of a travelling exhibition, it and any progeny produced after the export are subsequently imported.

(1)

For subsection 303FK (1) of the Act, a program is taken to be an approved captive breeding program if the Minister tells the operator of the program in writing that the Minister is satisfied that each animal bred under the program is bred in captivity.

(2)

A person may apply in writing to the Minister to make a decision for subregulation (1) about a program.

(3)

The application must include enough information for the Minister to decide whether each live animal bred under the program is bred in captivity.

(4) The Minister may:

(a)

ask the applicant for more information; and

(b)

refuse to consider the application until the Minister receives the information requested.

(5)

If the Minister decides that he or she is satisfied that each animal bred under the program is bred in captivity, the applicant must allow the Minister to inspect the breeding records for the program and any other information about the program that the Minister considers to be relevant to deciding whether live animals are bred in captivity under the program.

(6) If the Minister ceases to be satisfied that each animal bred under the

(a)

the Minister may tell the operator in writing of that fact; and

(b)

if the Minister does so, at that time the program ceases to be taken to be an approved captive breeding program.

(1)

For subsections 303FK (2) and (3) of the Act, a program is taken to be an approved CITES-registered captive breeding program if it is registered with the CITES Secretariat as a captive breeding program.

(2)

A person may apply in writing to the Minister for the Minister to apply to the CITES Secretariat to register an Australian-based captive breeding program.

(3) The application must include enough information for the Minister to decide whether:

(a)

each live animal bred under the program is bred in captivity; and

(b)

the program meets the CITES requirements for a CITES-registered captive breeding program.

(4)

If the Minister is satisfied that the criteria mentioned in subregulation (3) are met, the Minister may apply to the CITES Secretariat to register the program.

(5) The Minister must tell the applicant in writing about:

(a)

any decision by the Minister not to apply to the CITES Secretariat to register the program; and

(b)

any decision, of which the CITES Secretariat tells the Minister, about whether to register the program.

(6)

If the CITES Secretariat registers the program, the applicant must allow the Minister to inspect the breeding records for the program and any other information about the program that the Minister considers to be relevant to deciding whether the program continues to meet the CITES requirements for a CITES-registered captive breeding program.

(7)

If the Minister thinks that a program no longer meets the requirements for a CITES-registered captive breeding program, the Minister may ask the CITES Secretariat to cancel the registration.

(1)

For section 303FL of the Act, a program is taken to be an approved artificial propagation program if the Minister tells the operator of the program in writing that the Minister is satisfied that each live plant propagated under the program is artificially propagated.

(2)

A person may apply in writing to the Minister to make a decision for subregulation (1) about a program.

(3)

The application must include enough information for the Minister to decide whether each live plant propagated under the program is artificially propagated.

(4) The Minister may:

(a)

ask the applicant for more information; and

(b)

refuse to consider the application until the Minister receives the information requested.

(5)

If the Minister decides that he or she is satisfied that each live plant propagated under the program is artificially propagated, the applicant must allow the Minister to inspect the propagation records for the program and any other information about the program that the Minister considers to be relevant to deciding whether live plants are artificially propagated under the program.

(6) If the Minister ceases to be satisfied that each live plant propagated under the program is artificially propagated:

(a)

the Minister may tell the operator in writing of that fact; and

(b)

if the Minister does so, at that time the program ceases to be taken to be an approved artificial propagation program.

(1) For section 303FM of the Act, a program is taken to be an approved aquaculture program if the Minister is satisfied that, under the program:

(a)

no further environmental authorisation, within the meaning given by subsection 43A (2) of the Act, is necessary to allow the action to be taken lawfully; and

(b)

collection, for breeding, of aquaculture species will not have an adverse effect on the conservation status of a species or ecosystem; and

(c)

environmental impacts are considered before aquaculture specimens may be released.

(2)

If the Minister is satisfied about the matters mentioned in subregulation (1) for a program, the Minister must tell the operator of the program in writing.

(3) If the Minister ceases to be satisfied about any of those matters:

(a)

the Minister may tell the operator in writing of that fact; and

(b)

if the Minister does so, at that time the program ceases to be taken to be an approved aquaculture program.

(1) For paragraph 303FN (10) (a) of the Act, an operation is taken to be a market-testing operation if:

(a)

the number of specimens to be exported is restricted; and

(b)

the markets to be tested are clearly defined; and

(c)

the means of measuring success of the market testing is explained; and

(d)

it is reasonably likely that the market could be supplied without adversely affecting the conservation status of the taxon concerned.

(2) For paragraph 303FN (10) (b) of the Act, an operation is taken to be a small-scale operation if it has a low impact on the survival or conservation status of a taxon to which the operation relates, particularly because, for the taxon:

(a)

a small area is harvested; or

(b)

the number of participants is small; or

(c)

the number of specimens harvested is small.

(3) For paragraph 303FN (10) (c) of the Act, an operation is taken to be a developmental operation if:

(a)

it is not a market-testing operation; and

(b) it:

(i)

is not a small-scale operation; or

(ii)

is planned to expand beyond a small-scale operation; and

(c)

it collects data and develops monitoring programs for the development of a wildlife trade management plan; and

(d)

the industry to which the plan relates does not, or is not likely to, adversely affect the conservation status of the taxon to which the operation relates.

(4)

For paragraph 303FN (10) (f) of the Act, an existing stocks operation is specified.

(5) For subregulation (4), an existing stocks operation is an operation that has the following characteristics:

(a)

the relevant specimens were taken from the wild before the applicant sought approval of the operation as an approved wildlife trade operation;

(b)

the taking of the specimens was lawful at the time it happened;

(c)

the areas from which the specimens were taken are areas from which an approved wildlife trade operation or an approved or accredited wildlife trade management plan permits the taking of specimens of the same kind;

(d)

the operation will not contribute to trade that is detrimental to the conservation of the taxon concerned.

(1) For section 303FU of the Act, a program is taken to be an approved commercial import program if the Minister is satisfied that:

(a)

the trade in specimens of the kind imported is not detrimental to the survival of the taxon to which the specimen belongs; and

(b)

appropriate levels of management are in place to monitor and manage the trade.

(2) In making a decision under subregulation (1), the Minister must consider:

(a)

any advice given under subparagraph 2 (a) of Article IV of CITES; and

(b) whether the program ensures that:

(i)

there is reasonable control over the amount of harvesting and trading, for example by setting limits or quotas; and

(ii)

illegal trade is detected and minimised; and

(iii)

population and trade are monitored.

Note for paragraph (a)
Subparagraph 2 (a) of Article IV of CITES provides for a scientific authority to advise that the export of a specimen of a species will not be detrimental to the survival of the species.

(3)

The Minister must keep a register of approved commercial import programs and make it available for inspection on the Internet on the Department's website.

For paragraph 303GR (1) (a) of the Act, a record of the change in possession of a thing seized under the Act must be:

(a)

in writing; and

(b)

dated; and

(c)

signed by an inspector.

For section 303GU of the Act, a person arriving in Australia or an

(a)

flight number of the aircraft or name of the ship on which the person arrived;

(b)

date of arrival;

(c)

whether the persons covered by the form have wildlife products in their possession or within their baggage;

(d)

the person's signature.

(1) For section 527B of the Act, a live animal is taken to have been bred in captivity if:

(a)

for an animal that is reproduced sexually — its parents transferred gametes, by mating or otherwise, in a controlled environment; and

(b)

for an animal that is reproduced asexually — its parents were in a controlled environment when the animal began to develop; and

(c) the breeding stock from which the animal is bred:

(i)

is established in a way that is not detrimental to the survival of the species in the wild; and

(ii)

is maintained without the introduction of specimens (including eggs or gametes) from the wild, other than to ensure ongoing genetic viability or to dispose of animals that have been confiscated, seized, rescued or removed from the wild for public health or safety; and

(iii)

has produced offspring of at least the second generation, or is managed in a way that has been demonstrated to be capable of reliably producing second-generation offspring in a controlled environment.

Example for subparagraph (c) (ii)

Large crocodile taken from a populated area.

(2) For this regulation, a controlled environment is an environment that:

(a)

is managed to produce animals of a particular species; and

(b)

has boundaries that are designed to prevent animals, eggs or gametes of the species from entering or leaving; and

(c)

provides for artificial life support that may include, for example, artificial housing, temperature control, waste removal, health care, protection from predators and artificially supplied food.

(1)

For section 527C of the Act, the circumstances mentioned in this regulation are those in which propagation constitutes artificial propagation.

(2)

A live plant is artificially propagated if it is grown from a seed, cutting, division, callus or other plant tissue, spore or other propagule under controlled conditions.

(3) The parental stock of the plant must be:

(a)

established in a way that is not detrimental to the survival of the species in the wild; and

(b)

managed in a way that ensures its long-term genetic viability.

(4) A seed is artificially propagated if:

(a)

the specimen from which the seed is taken was artificially propagated; or

(b)

it is taken from parental stock that is grown under controlled conditions.

(5) A part or derivative of a live plant is artificially propagated only if it is taken from a live plant that is artificially propagated in accordance with this regulation.

(6)

A grafted plant is artificially propagated only if the root-stock and the graft are artificially propagated in accordance with this regulation.

(7) In this regulation:
controlled conditions means an artificial environment that:

(a)

is intensively managed by human intervention, for example by tillage, fertilisation, weed control, irrigation, or nursery operations such as potting, bedding or protection from weather; and

(b)

produces selected species or hybrids.

For subsection 323 (1) of the Act, the Australian World Heritage management principles for the management of natural heritage and cultural heritage are set out in Schedule 5.

(1) For section 324D of the Act, subregulation (2) prescribes the National Heritage criteria for the following:

(a)

natural heritage values of places;

(b)

indigenous heritage values of places;

(c)

historic heritage values of places.

(2) The National Heritage criteria for a place are any or all of the following:

(a)

the place has outstanding heritage value to the nation because of the place's importance in the course, or pattern, of Australia's natural or cultural history;

(b)

the place has outstanding heritage value to the nation because of the place's possession of uncommon, rare or endangered aspects of Australia's natural or cultural history;

(c)

the place has outstanding heritage value to the nation because of the place's potential to yield information that will contribute to an understanding of Australia's natural or cultural history;

(d) the place has outstanding heritage value to the nation because of the place's importance in demonstrating the principal characteristics of:

(i)

a class of Australia's natural or cultural places; or

(ii)

a class of Australia's natural or cultural environments;

(e)

the place has outstanding heritage value to the nation because of the place's importance in exhibiting particular aesthetic characteristics valued by a community or cultural group;

(f)

the place has outstanding heritage value to the nation because of the place's importance in demonstrating a high degree of creative or technical achievement at a particular period;

(g)

the place has outstanding heritage value to the nation because of the place's strong or special association with a particular community or cultural group for social, cultural or spiritual reasons;

(h)

the place has outstanding heritage value to the nation because of the place's special association with the life or works of a person, or group of persons, of importance in Australia's natural or cultural history;

(i)

the place has outstanding heritage value to the nation because of the place's importance as part of indigenous tradition.

(3)

For subregulation (2), the cultural aspect of a criterion means the indigenous cultural aspect, the non-indigenous cultural aspect, or both.

(1)

For subsection 324E (1) of the Act, a person nominates a place by making the nomination on a form approved by the Minister.

(2)

For subsection 324E (9) of the Act, the Minister's notice may specify a 3 month period during which nominations are to be made.

A plan for a National Heritage place, made under section 324S of the Act, must address the matters set out in Schedule 5A.

For subsection 324S (6), the Minister must seek comments by publishing a notice that:
(a) includes a statement that the Minister has prepared:

(i)

a draft management plan; or

(ii)

a draft amendment of a management plan; or

(iii)

a draft replacement management plan; and

(b)

states how a copy of the draft can be obtained; and

(c) invites comments on the draft from:

(i)

members of the public; and

(ii)

indigenous people with rights and interests in the relevant place; and

(iii)

if the place is in a State or self-governing Territory — the responsible agency (if any) of the State or Territory; and

(d)

specifies the address to which comments may be sent; and

(e)

specifies a date (at least 20 days after the last day on which the notice is published) by which comments must be sent.

Note   A notice mentioned in this regulation must be published in accordance with subregulation 16.05A (5).

For subsection 324Y (1) of the Act, the National Heritage management principles are set out in Schedule 5B.

For subsection 335 (1) of the Act, the Australian Ramsar management principles for the management of wetlands included in the List of Wetlands of International Importance kept under the Ramsar Convention are set out in Schedule 6.

For subsection 340 (1) of the Act, the Australian Biosphere reserve management principles for the management of Biosphere reserves are set out in Schedule 7.

(1) For section 341D of the Act, subregulation (2) prescribes the Commonwealth Heritage criteria for the following:

(a)

natural heritage values of places;

(b)

indigenous heritage values of places;

(c)

historic heritage values of places.

(2) The Commonwealth Heritage criteria for a place are any or all of the following:

(a)

the place has significant heritage value because of the place's importance in the course, or pattern, of Australia's natural or cultural history;

(b)

the place has significant heritage value because of the place's possession of uncommon, rare or endangered aspects of Australia's natural or cultural history;

(c)

the place has significant heritage value because of the place's potential to yield information that will contribute to an understanding of Australia's natural or cultural history;

(d) the place has significant heritage value because of the place's importance in demonstrating the principal characteristics of:

(i)

a class of Australia's natural or cultural places; or

(ii)

a class of Australia's natural or cultural environments;

(e)

the place has significant heritage value because of the place's importance in exhibiting particular aesthetic characteristics valued by a community or cultural group;

(f)

the place has significant heritage value because of the place's importance in demonstrating a high degree of creative or technical achievement at a particular period;

(g)

the place has significant heritage value because of the place's strong or special association with a particular community or cultural group for social, cultural or spiritual reasons;

(h)

the place has significant heritage value because of the place's special association with the life or works of a person, or group of persons, of importance in Australia's natural or cultural history;

(i)

the place has significant heritage value because of the place's importance as part of indigenous tradition.

(3)

For subregulation (2), the cultural aspect of a criterion means the indigenous cultural aspect, the non-indigenous cultural aspect, or both.

A plan for a Commonwealth Heritage place, made under section 341S of the Act, must address the matters set out in Schedule 7A.

For paragraph 341S (6) (b) of the Act, the agency must seek comments by publishing a notice that:
(a) includes a statement that the agency has prepared:

(i)

a draft management plan; or

(ii)

a draft amendment of a management plan; or

(iii)

a draft replacement management plan; and

(b)

states how the draft can be obtained; and

(c) invites comments on the draft from:

(i)

members of the public; and

(ii)

indigenous people with rights and interests in the place; and

(iii)

if the place is in a State or self-governing Territory — the responsible agency (if any) of the State or Territory; and

(d)

specifies the address to which comments may be sent; and

(e)

specifies a date (at least 20 days after the last day on which the notice is published) by which comments must be sent.

Note   A notice mentioned in this regulation must be published in accordance with subregulation 16.05A (5).

For subsection 341Y (1) of the Act, the Commonwealth Heritage management principles are set out in Schedule 7B.

For paragraph 341ZA (3) (c) of the Act, a heritage strategy made by a Commonwealth agency must address the matters set out in Schedule 7C.

For subsection 341ZA (6) of the Act, a report about the review of a Commonwealth agency heritage strategy must include the following:

(a)

an outline of consultation undertaken with relevant stakeholders in the review process;

(b)

a summary of the agency's achievements against its objectives for management of its heritage places;

(c)

an evaluation of the success of each of the matters included in a Commonwealth agency heritage strategy in achieving the identification, protection, conservation and presentation of Commonwealth Heritage values;

(d)

an update on the extent to which the identification and assessment of Commonwealth Heritage values of all agency property has been achieved, and the values included in an agency's heritage places register;

(e)

an update on the progress and timeliness of the preparation of management plans for Commonwealth Heritage places;

(f)

an outline of any physical and management changes that have occurred to the agency's Commonwealth Heritage places since the last strategy was prepared, and of any expected changes;

(g)

an update on progress with Commonwealth Heritage training programs;

(h)

a specification of the time-frame for updating the Heritage Strategy following the review;

(i)

an update on other heritage issues relevant to the agency's management of Commonwealth Heritage places in accordance with the Commonwealth Heritage Management Principles.

(1) For paragraph 341ZB (2) (a) of the Act, Commonwealth heritage values for a place may be identified by:

(a)

considering all natural and cultural heritage values, recognising indigenous people as the primary source of information on the significance of their heritage and their participation as necessary to identify and assess indigenous heritage values; and

(b)

identifying values against the Commonwealth heritage criteria; and

(c)

using expert heritage advice to ensure that levels of documentary and field research are appropriate to best practice assessment and management of heritage values; and

(d)

using a comparative and thematic approach; and

(e)

consulting widely, as appropriate, with government agencies, stakeholders and the community.

(2) For paragraph 341ZB (2) (b) of the Act, matters a register must include are the following:

(a)

a comprehensive description, and a clear plan showing the name and location, of each place that has Commonwealth Heritage values;

(b)

a discrete heritage place identification number for each place;

(c)

details of ownership, leases, licences, rental or other tenure arrangements, as applicable;

(d)

a summary description of the significant physical characteristics and elements of the place;

(e)

a sequential summary of the use of the place;

(f)

a statement of significance for the place, identifying its heritage values and specifying any that are Commonwealth Heritage values;

(g)

a record of any other heritage listings, providing relevant register numbers;

(h)

a record of the date and nature of any works, maintenance or other activity at the place that is relevant to conservation of its heritage values;

(i)

a specification of any property or information access restrictions or requirements;

(j)

an outline of any consultation requirements relating to the place;

(k)

a list of relevant conservation documents or references;

(l)

a record of when information has been updated;

(m) cross references to:

(i)

agency place records of any objects that are significant by association with the place, indicating their current location; and

(ii)

archived records of particular importance to the heritage values of the place.

(3) For paragraph 341ZB (2) (c) of the Act, a report to the Minister must include the following:

(a)

an outline of the identification program;

(b)

details of any surveys conducted, or expert advice obtained by, the agency to identify the Commonwealth Heritage values;

(c)

a summary of the work undertaken with respect to each of the matters included in these Regulations for the identification and assessment of Commonwealth Heritage values.

For subsection 348 (1) of the Act, the IUCN reserve management principles for each IUCN category are:

(a)

the general administrative principles set out in Part 1 of Schedule 8; and

(b)

the principles set out for the category in Part 2 of Schedule 8.

This Part applies to Commonwealth reserves.

(1)

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

(2)

A disclosure under subregulation (1) must be recorded in the minutes of the meeting of the Board.

(1)

If, under subsection 377 (4) of the Act, a majority of the members of a Board must be nominated by the traditional owners of indigenous people's land situated in the reserve, the traditional owners may nominate another indigenous person, as the deputy of each member so nominated.

(2)

A member of a Board who was not nominated by the traditional owners of indigenous people's land in the reserve may, with the Minister's approval, nominate, as the deputy of the member, a person who is qualified to be a member.

(3)

A person who is nominated to be the deputy of a member of a Board may, if the member is absent from a meeting of the Board, attend the meeting and, when attending, is taken to be a member of the Board.

(4)

However, a person who is nominated to be the deputy of a member of a Board must not preside at a meeting of the Board.

(5)

If the traditional owners of indigenous people's land in the reserve for which a Board is established nominate a person under subregulation (1) to be the deputy of a member of the Board, the traditional owners may revoke the nomination.

(6)

A member of a Board who was not nominated by the traditional owners of indigenous people's land situated in the reserve for which the Board is established may, with the Minister's approval, revoke a nomination made by the member under subregulation (2).

(7)

A deficiency or irregularity in the selection or nomination of a person as the deputy of a member of a Board does not invalidate the actions of the person as the deputy of a member of the Board.

(1)

A Board may, by resolution, appoint a member of the Board to be the presiding member of the Board.

(2)

A member appointed to be presiding member of a Board holds office for the period determined by the Board at the time of the member's appointment to the office.

(3)

However, a member of a Board ceases to hold office as presiding member of the Board if:

(a)

the member resigns the office; or

(b)

the Board revokes the member's appointment to the office; or

(c)

the member ceases to be a member of the Board.

(1)

Meetings of a Board must be held at the times and places determined by the Board from time to time.

(2)

The presiding member of a Board may at any time, and, if directed by the Minister, must, convene a meeting of the Board.

(3)

A Board must determine its procedures and determine which persons are to be permitted to attend or participate in meetings of the Board.

(4)

At a meeting of a Board, a number of members greater than half the number of persons who constitute the Board constitute a quorum.

(5)

However, a meeting of the Board must neither be held nor continue unless:

(a)

at least 1 of the members of the Board present at the meeting is a member nominated by someone other than the traditional owners of indigenous people's land in the reserve for which the Board is established; and

(b)

the majority of the members of the Board present at the meeting are members nominated by the traditional owners of the indigenous people's land.

(6)

The presiding member of a Board must preside at all meetings of the Board.

(7)

However, if the presiding member of a Board is absent from a meeting of the Board, the members of the Board who are present must elect 1 of their number to preside at the meeting.

(8)

Decisions of a Board must be determined by a majority of the members of the Board present and voting.

(9)

The member of a Board who is presiding at a meeting of the Board has a deliberative vote and, if votes are tied, also has a casting vote.

For paragraph 387 (2) (b) of the Act, the routes mentioned in Part 1 of Schedule 9 are prescribed.

For paragraph 387 (2) (c) of the Act, the routes mentioned in Part 2 of Schedule 9 are prescribed.

For paragraph 387 (2) (e) of the Act, the non-destructive monitoring of the environment is a prescribed activity.

For subparagraph 388 (1) (b) (iii) and subsection 389 (5) of the Act, this Subdivision sets out the requirements for preparing, approving, revoking and amending a town plan.

(1)

If a management plan for a Commonwealth reserve provides for the establishment or development of a township, a person proposing to establish or develop the township must give a town plan to the Director.

(2)

The Director must, within 1 month after the plan is given to him or her, make a decision:

(a)

approving or rejecting the plan; or

(b)

requiring the plan to be amended.

(3)

Before making a decision under subregulation (2), the Director must tell the Minister what action he or she proposes to take.

(4)

The Director must tell the person in writing of the decision and, if the plan is required to be amended, give details of the amendments required.

(5)

If the Director requires a plan to be amended:

(a)

the person may give the amended plan to the Director; and

(b)

the Director must, within 1 month after receiving the amended plan, make a decision:

(i)

approving or rejecting the amended plan; or

(ii)

requiring the plan to be further amended; and

(c)

the Director must tell the person in writing of the decision and, if the plan is required to be further amended, give details of the amendments required.

(6)

Before making a decision under paragraph (5) (b), the Director must tell the Minister what action he or she proposes to take.

(7)

The Director may require an amended plan to be further amended as often as the Director considers necessary.

(1)

The Director may cause a town plan to be prepared if:

(a)

both:

(i)

a management plan for a Commonwealth reserve provides for a township to be established or developed on land held under lease from the Director; and

(ii)

no notice of intention to give a town plan to the Director is received by the Director within 6 months after the day when the management plan comes into operation; or

(b)

a management plan for a Commonwealth reserve provides for a township to be established or developed by the Director.

(2)

The Director must give a plan prepared under subregulation (1) to the Minister for the Minister's approval.

(1)

If a person amends a town plan that has been approved under regulation 11.10, the person must give the approved plan as amended to the Director.

(2)

Regulation 11.10 applies to amendments of an approved town plan as if references in that regulation to a town plan were references to an approved town plan as amended.

(1)

The Director may revoke a town plan that has been approved under regulation 11.10 (an approved town plan) if:

(a)

the management plan for the Commonwealth reserve no longer provides for an approved town plan; or

(b)

because of changed circumstances, an approved town plan is no longer necessary.

(2)

Before revoking an approved town plan, the Director must:

(a)

by notice published in a newspaper circulating in the area affected by the approved town plan, invite interested persons to make representations about the proposed revocation by the date specified in the notice; and

(b)

give due consideration to any representations made; and

(c)

tell the Minister about the proposed revocation and give the Minister any representations made.

For section 356 of the Act, this Part provides for controlling activities relating to Commonwealth reserves.

This Part applies to Commonwealth reserves.

In making a determination under this Part to control an activity in a Commonwealth reserve, the Director may take into account whether the activity might:

(a)

endanger public safety; or

(b)

interfere with the protection or conservation of biodiversity or heritage; or

(c)

interfere with the protection of features or facilities in the reserve; or

(d)

interfere with the privacy of a cultural event to be held in the reserve by the traditional owners of indigenous people's land; or

(e)

interfere with the continuing cultural use of the reserve, including residence, by the traditional owners of indigenous people's land; or

(f)

interfere with the privacy of other persons.

For this Part, time may be measured by reference to events, including the following:

(a)

the rising or setting of the sun;

(b)

forecast or actual meteorological conditions including temperature, wind, rainfall or fire danger;

(c)

the ebb or flow of tides;

(d)

fire, flood, earthquake, storm or other natural disasters;

(e)

seasons;

(f)

the arrival or departure of migratory species;

(g)

the occurrence or duration of a cultural event.

For this Part, if an instrument must be published and the way of publication is not stated, it must be published in the Gazette.

(1)

An offence provision in this Division does not apply to an activity that:

(a)

is provided for by, and carried out in accordance with, a management plan in force for the reserve; or

(b)

is carried out by the Director, a ranger, warden or inspector; or

(c)

is authorised by a permit in force under subregulation (2); or

(d)

is carried out by an indigenous person in accordance with conditions mentioned in regulation 12.08; or

(e)

is carried out on indigenous people's land in a jointly managed reserve:

(i)

by a traditional owner of the land and is a traditional use of the land; or

(ii)

by an indigenous person who is entitled by Aboriginal tradition to use or occupy the land, whether or not the entitlement is qualified as to place, time, circumstance, purpose or permission, and is a traditional use of the land; or

(f)

is approved under Part 9 of the Act for subsection 23 (1) or (2), 24A (1), (2), (3) or (4), 26 (1) or (2) or 27A (1), (2), (3) or (4) of the Act; or

(g)

is:

(i)

in a class of actions declared by the Minister not to require approval under Part 9 of the Act for subsection 23 (1) or (2), 24A (1), (2), (3) or (4), 26 (1) or (2) or 27A (1), (2), (3) or (4) of the Act; and

(ii)

is taken in accordance with a management plan that is an accredited management plan for the purposes of the declaration; or

(h)

is provided for by, and carried out in accordance with, a wildlife conservation plan, a recovery plan or a threat abatement plan in force under Division 5 of Part 13 of the Act; or

(i)

is carried out by a Commonwealth agency, or an agency of a State or of a self-governing Territory and is reasonably necessary for law enforcement; or

(j)

is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or

(k)

occurs because of an unavoidable accident, other than an accident caused by negligent or reckless behaviour; or

(l)

is carried out in accordance with a lease or licence granted by the Director; or

(m)

is carried out by a person who is complying with a direction given to the person by:

(i)

the Director; or

(ii)

a ranger or warden; or

(iii)

a police officer or an emergency services officer in the performance of his or her duties.

Note 1   By operation of other provisions of law, certain activities may also be carried out without breaching the offence provisions under this Part. See, for example, section 359A of the Act, section 211 of the Native Title Act 1993, the Aboriginal Land Rights (Northern Territory) Act 1976 and the Aboriginal Land Grant (Jervis Bay Territory) Act 1986.
Note 2   For acts that a person must not do in a Commonwealth reserve except in accordance with a management plan in operation for the reserve — see Act, subsection 354 (1).

(2)

The Director may issue a permit, in accordance with Part 17, authorising a person to carry out an activity that is prohibited under this Division.

The following regulations do not apply in the Jabiru township:

(a)

12.12 (Damaging, defacing features etc);

(b)

12.14 (Dumping of waste, littering etc);

(c)

12.18 (Use etc of firearms, nets and other devices)

(d)

12.23 (Entering prohibited or restricted area);

(e)

12.24 (Capturing images or recording sound);

(f)

12.27 (Public nuisance);

(g)

12.28 (Camping);

(h)

12.30 (Lighting fires);

(i)

12.31 (Public gatherings);

(j)

12.35 (Fishing other than commercial fishing);

(k)

12.36 (Commercial activities);

(l)

12.38 (Deriving commercial gain from images captured);

(m)

12.39 (Collections);

(n)

12.40 (Erecting signs);

(o)

12.41 (Vehicle use of tracks or roads);

(p)

12.43 (Speed limits and one-way traffic);

(q)

12.44 (Parking and stopping).

(1)

For paragraph 12.06 (1) (d), the Director and a land council may agree to conditions under which an indigenous person may carry out the following activities in Commonwealth reserves:

(a)

enter an area to which access is restricted or prohibited;

(b)

take or keep an organism that is a member of a native species;

(c)

use a vehicle, vessel or aircraft in an area in which the use of the vehicle, vessel or aircraft is prohibited;

(d)

take a dog into a Commonwealth reserve;

(e)

take firewood from a Commonwealth reserve;

(f)

carry out a cultural activity in a Commonwealth reserve.

(2)

Without limiting subregulation (1), the conditions may include a requirement that the activity may only take place during the period, in the area or in the manner specified in the condition.

Note   By operation of other provisions of law, certain activities may be carried out by indigenous persons without authorisation from the Director under this Division. See, for example, section 359A of the Act, section 211 of the Native Title Act 1993, the Aboriginal Land Rights (Northern Territory) Act 1976 and the Aboriginal Land Grant (Jervis Bay Territory) Act 1986.

(1)

If the management plan for a Commonwealth reserve provides that an activity mentioned in subsection 354 (1) of the Act may be done in accordance with a permit issued by the Director under this Division, the Director may issue a permit in accordance with Part 17 for the activity.

(2)

If the management plan for a Commonwealth reserve provides that commercial fishing may be carried out in the reserve in accordance with a determination by the Director under this Division, a person who carries out commercial fishing in the reserve must comply with a determination by the Director under regulation 12.34.

(3)

If the management plan for a Commonwealth reserve provides that fishing (other than commercial fishing) may be carried out in the reserve in accordance with a determination by the Director under this Division, a person who carries out fishing (other than commercial fishing) in the reserve must comply with a determination by the Director under regulation 12.35.

(1)

A person must not carry out scientific research in a Commonwealth reserve.

Penalty:   20 penalty units.

(2)

However, subregulation (1) does not apply to anthropological research carried out by a land council under the Aboriginal Land Rights (Northern Territory) Act 1976 or the Aboriginal Land Grant (Jervis Bay Territory) Act 1986.

(3)

In this regulation:

A person must not carry on an excavation, erect a building or other structure or carry out works in a Commonwealth reserve.

Penalty:   50 penalty units.

A person must not, in a Commonwealth reserve, damage, deface, obstruct, remove or interfere with:

(a)

a natural feature; or

(b)

an object, sign or structure.

Penalty:   25 penalty units.

A person must not, in a Commonwealth reserve, damage, deface, move, possess or interfere with heritage.

Penalty:   50 penalty units.

(1)

Subregulation (2) applies to the following substances:

(a)

minerals, mineral waste and any other solid waste;

(b)

any noxious, offensive or polluting substance.

(2)

A person must not discharge or leave a substance mentioned in subregulation (1) in a Commonwealth reserve other than in an area approved or provided for the purpose by the Director.

Penalty:   50 penalty units.

(3)

A person must not release liquid or gaseous material in a Commonwealth reserve if the release is likely:

(a)

to pollute the air, soil, water or a watercourse; or

(b)

to be harmful to native species; or

(c)

to be harmful or offensive to another person.

Penalty:   50 penalty units.

(4)

A person must not leave any litter, dung or other refuse in a Commonwealth reserve except in an area or receptacle approved or provided for that purpose by the Director.

Penalty:   10 penalty units.

(5)

However, subregulation (4) does not apply to matter to which subregulation (2) or (3) applies.

(6)

An offence against this regulation is a strict liability offence.

(1)

A person must not use or introduce a pesticide, herbicide or other poisonous substance in a Commonwealth reserve.

Penalty:   30 penalty units.

(2)

However, subregulation (1) does not apply to the reasonable use of a pesticide, herbicide or other poisonous substance by a person for a domestic purpose.

A person must not, in a Commonwealth reserve:

(a)

introduce, disturb, or remove minerals, clay, sand, stone or other earth materials; or

(b)

fossick.

Penalty:   50 penalty units.

A person must not, in a Commonwealth reserve:

(a)

enter a cave; or

(b)

interfere with anything within a cave; or

(c)

release a substance into waters that flow through a cave or karst area.

Penalty:   25 penalty units.

(1)

A person must not use or possess, in a Commonwealth reserve:

(a)

a firearm; or

(b)

a flail or spear; or

(c)

a snare or trap; or

(d)

a hunting-bow, spear gun or any other device designed to discharge a projectile; or

(e)

a device for detecting minerals or metal; or

(f)

explosives or fireworks; or

(g)

a chainsaw; or

(h)

any device that can be used, or is designed, for taking an animal, other than a hook and line for catching fish or a hand-held net designed to land a fish caught on a hook and line.

Penalty:   30 penalty units.

(2)

However, subregulation (1) does not apply to:

(a)

use or possession of the item by a person to carry out commercial fishing operations that are authorised by a law of the Commonwealth, a State or self-governing Territory or by a permit issued by the Director; or

(b)

possession of the item by a person on a vessel in passage through a marine area.

(3)

Also, paragraph (1) (a) does not apply to a police officer who is acting in that capacity.

(4)

Also, paragraph (1) (a) does not apply to a firearm that is registered under a law of the Northern Territory for the registration of firearms and is in the possession of:

(a)

a person who is a resident of the Jabiru township and uses or possesses the firearm in a place in Kakadu National Park that is occupied under a lease or licence, from the Director, for recreational shooting; or

(b)

a person who is a resident of the Jabiru township and is transporting the firearm:

(i)

to or from a place mentioned in paragraph (a); or

(ii)

on the Arnhem or Kakadu Highway, the road between the Arnhem Highway and Oenpelli or the road between the Kakadu Highway and Cooinda.

(5)

Also, paragraph (1) (g) does not apply to:

(a)

a person who carries or has control of a chainsaw in a vehicle, vessel or aircraft in passage through a reserve if the chainsaw is not removed from the vehicle, vessel or aircraft; or

(b)

a person who is clearing fallen timber from a road or track that the person is permitted to use; or

(c)

possession or use of a chainsaw in a township.

(6)

Also, paragraph (1) (h) does not apply to the possession of a prawning net by a person who is in Booderee National Park and is going directly to a place in the City of Shoalhaven in New South Wales where the net may be used lawfully to take prawns.

(1)

A person must not cause or allow an animal owned by, or in the charge of, the person, to enter or remain in a Commonwealth reserve.

Penalty:   20 penalty units.

(2)

A person is taken to have contravened subregulation (1) if the person places a beehive in a Commonwealth reserve.

(3)

However, subregulation (1) does not apply to:

(a)

the use of a dog or animal that:

(i)

is a guide dog used by a blind person, a hearing dog used by a deaf person or an assistance animal used by a person with a disability; and

(ii)

is at all times restrained on a lead not more than 3 metres in length; or

(b)

taking the carcass of an animal into a Commonwealth reserve as food for the person or a dog or animal mentioned in paragraph (a); or

(c)

a person, if the animal is confined to a vessel and the person is on a vessel in passage through a marine area.

(4)

A person who, in accordance with a permit or other authority under these Regulations, takes an animal into, or has in his or her possession an animal in, a Commonwealth reserve must not:

(a)

allow the animal to be at large; or

(b)

fail to remove the animal from the reserve:

(i)

if the person lives in the reserve — when the person ceases to live there; or

(ii)

in any other case — when the person leaves the reserve.

Penalty:   20 penalty units.

(5)

A person who takes the carcass of an animal into a Commonwealth reserve as food must not, within 50 metres of an area of water in the reserve, dismember, disembowel or skin the carcass.

Penalty:   20 penalty units.

(6)

It is a defence to a prosecution for an offence under paragraph

(4)

(b) that the person has transferred the ownership of the animal to another person in the reserve in accordance with the permit or authority.

(1)

A person must not cause or allow a plant to be taken into, or possess a plant in, a Commonwealth reserve.

Penalty:   20 penalty units.

(2)

Subregulation (1) does not apply to:

(a)

taking into the Jabiru township a plant of a kind included by the Director on a list of plants given by the Director to the Authority and to residents of the Jabiru township; or

(b)

taking a plant into a Commonwealth reserve to cultivate or propagate the plant on land held under a lease or licence granted by the Director, if the plant may be cultivated or propagated under the lease or licence; or

(c)

taking a plant into a Commonwealth reserve as food.

(3)

Also, subregulation (1) does not apply to a person who takes a plant into, or possesses a plant, in a reserve if the plant is:

(a)

confined in a vehicle on a road; or

(b)

confined in a vessel on a watercourse.

(4)

However, subregulations (2) and (3) have no effect if the plant is a member of a species that is:

(a)

included in a list mentioned in section 301A of the Act; or

(b)

stated, in a management plan for the reserve, to be a pest species.

(5)

For subregulation (4), a plant is confined in a vehicle or vessel only if no part of the plant is capable of being spread beyond the vehicle or vessel.

(1)

A person must not cultivate or propagate a plant in a Commonwealth reserve.

Penalty:   30 penalty units.

(2)

Subregulation (1) does not apply to cultivating or propagating a plant:

(a)

in the township, if the plant is:

(i)

a member of a native species; and

(ii)

of a kind included by the Director in a list of plants given by the Director to the Authority and to residents of the township; or

(b)

on land that is not in the township, if:

(i)

the land is held under a lease or licence granted by the Director; and

(ii)

the plant may be cultivated or propagated under the lease or licence.

(3)

However, subregulation (2) has no effect if the plant is a member of a species that is:

(a)

included in a list mentioned in section 301A of the Act; or

(b)

in a management plan for the reserve, stated to be a pest species.

(1)

This regulation applies if the Director directs a person in writing to remove a plant that:

(a)

is cultivated or propagated in contravention of subregulation 12.21 (1); and

(b)

is growing on land occupied by the person.

(2)

The person must comply with the direction.

Penalty:   30 penalty units.

(3)

A ranger or warden may destroy or remove a plant:

(a)

that is cultivated or propagated in contravention of subregulation 12.21 (1); and

(b)

for which a direction mentioned in subregulation (1) has been given but has not been complied with.

Note   Regulation 12.66 deals with control of non-native species generally.

(1)

A person must not enter a Commonwealth reserve or a part of a reserve in contravention of a prohibition or restriction imposed by the Director under subregulation (3).

Penalty:   50 penalty units.

(2)

If the reserve is a jointly managed reserve, subregulation (1) does not apply to a member or officer of a land council for indigenous people's land, in the part of the reserve entered, who is performing his or her duties as a member or officer.

(3)

For subregulation (1), the Director may prohibit or restrict entry:

(a)

by persons generally or by a class of persons; and

(b)

at all times, at specified times or for a specified period; and

(c)

to all or part of the reserve.

(4)

Notice of a prohibition or restriction must be published, unless the prohibition or restriction deals with an emergency or meteorological conditions that:

(a)

may endanger public safety; and

(b)

were not known in sufficient time for publication.

(1)

A person must not capture an image or record a sound in or of a Commonwealth reserve in contravention of a prohibition or restriction imposed by the Director under subregulation (3).

Penalty:   50 penalty units.

(2)

If the reserve is a jointly managed reserve, subregulation (1) does not apply to a member or officer of a land council for indigenous people's land, in the part of the reserve where the image is captured or the sound is recorded, who is performing his or her duties as a member or officer.

(3)

For subregulation (1), the Director may prohibit or restrict the capturing of images or recording of sounds:

(a)

generally or to a class of persons; and

(b)

at all times, at specified times or for a specified period; and

(c)

in all or part of the reserve.

(4)

Notice of a prohibition or restriction must be published.

(5)

The Director, a ranger or a warden may, at any time, require a person who has captured an image or recorded a sound in contravention of subregulation (1) to surrender the following:

(a)

all copies and forms of the image or sound recording;

(b)

any device or means used to capture the image or record the sound.

(1)

If the Director, a ranger or a warden believes that the safety of a person in a Commonwealth reserve is, or is likely to be, endangered, the Director, ranger or warden may give to the person or another person directions necessary to ensure the safety of the person.

(2)

A person must comply with a reasonable direction given under subregulation (1) to the person.

Penalty:   30 penalty units.

(1)

A person must not carry out any of the following activities in a Commonwealth reserve other than in an area provided for the activity under a determination made by the Director under subregulation (2):

(a)

climbing, abseiling on, or jumping from, rock faces;

(b)

bungee jumping or BASE-jumping;

(c)

hang gliding or paragliding.

Penalty:   30 penalty units.

(2)

For subregulation (1), the Director may determine that:

(a)

an area is provided for an adventurous activity; and

(b)

the activity in that area may be carried out:

(i)

in a specified manner; and

(ii)

by specified persons or a specified class of persons; and

(iii)

at all times, at specified times or during a specified period.

(3)

Notice of a determination under subregulation (2) must be published.

(1)

A person must not, in a Commonwealth reserve:

(a)

cause a remotely controlled device to be flown or operated; or

(b)

use a public address system, loud speaker or other device or equipment that produces loud noise; or

(c)

use a portable generator or alternator except in an area determined by the Director under subregulation 12.28 (4) to be an area where portable generators may be used.

Penalty:   10 penalty units.

(2)

A person must not, in a Commonwealth reserve:

(a)

behave in a disorderly, offensive or indecent manner; or

(b)

obstruct, disturb, or annoy a person engaged in the proper use of the reserve; or

(c)

intentionally throw or roll a stone or similar object.

Penalty:   10 penalty units.

(1)

A person may camp, in a Commonwealth reserve, only in a camping area or a camping site described in a determination made by the Director under subregulation (3).

Penalty:   10 penalty units.

(2)

A person who camps in a camping area or camping site must comply with any determination for the area or site made by the Director under subregulation (4).

Penalty:   10 penalty units.

(3)

For subregulation (1), the Director may determine in writing:

(a)

that a part of a Commonwealth reserve is a camping area; and

(b)

that a part of a camping area is a camping site, defined by reference to natural features or other objects, structures or survey points.

(4)

For subregulation (2), the Director may, for a camping area or for a part of a camping area, determine in writing:

(a)

the maximum number of persons who may camp in the area at the same time; and

(b)

the maximum number of camping sites in the area that may be occupied at the same time; and

(c)

the maximum number of tents that may be used on a camping site at the same time; and

(d)

the maximum number of persons who may camp in a camping site at the same time; and

(e)

the maximum length of time a person may camp in the area, during a specified time of the year or at all times; and

(f)

the quantity and nature of equipment that may be used on a camping site and where it must be placed; and

(g)

that the area is set aside for a specified kind of camping or for camping by specified persons; and

(h)

that the area is not to be used for camping for a specified period; and

(i)

when portable generators may be operated in the area; and

(j)

that camping in the area is subject to specified restrictions on:

(i)

digging trenches; or

(ii)

the use of trees or structures.

(5)

Notice of a determination under subregulation (3) or (4) must be published, unless the determination is made to deal with an emergency that may endanger public safety.

(6)

An offence against this regulation is a strict liability offence.

(1)

To give effect to regulation 12.28, a ranger or warden may direct a person to camp only in a specified camping area or site.

(2)

A person given a direction by a ranger or warden under subregulation (1) may camp only in the specified camping area or site.

Penalty:   10 penalty units.

(3)

An offence against this regulation is a strict liability offence.

(1)

A person must not light, maintain or use a fire in a Commonwealth reserve, or in a part of the reserve:

(a)

while a total fire ban declared under subregulation (4) by the Director is in force for the reserve, or that part of the reserve; or

(b)

at any other time — except in:

(i)

a portable barbecue or stove; or

(ii)

a fireplace provided by the Director; or

(iii)

a fireplace of a kind approved by the Director; or

(iv)

a place approved by the Director.

Penalty:   50 penalty units.

(2)

A person who lights, maintains or uses a fire must not leave the fire unattended.

Penalty:   50 penalty units.

(3)

A person who lights or uses a fire for cooking or heating in part of a reserve must not use any fuel that is prohibited under the management plan to be used in that part of the reserve.

Penalty:   15 penalty units.

(4)

For paragraph (1) (a), the Director may declare that a period mentioned in the declaration is a period of total fire ban.

(5)

Notice of a declaration made under subregulation (4) must:

(a)

state that during the period of total fire ban, the lighting, maintenance or use of a fire is prohibited in the reserve or the part of the reserve to which the fire ban applies; and

(b)

be published in a newspaper circulating in the area to which the declaration applies; and

(c)

be prominently displayed on a sign at each entrance station of the reserve.

(6)

However, the Director need not comply with paragraph (5) (b) or (c) if:

(a)

no newspaper circulates in that area; or

(b)

the circumstances that make the total fire ban necessary were not known in sufficient time for publication in a newspaper; or

(c)

it is not practicable to display a notice at each entrance station.

(7)

If the Director relies on subregulation (6), the Director must give notice of the declaration having regard to the forms of communication available for giving notice to persons likely to be in that area.

(1)

A person must not organise or attend a public gathering of more than 15 persons in a Commonwealth reserve.

Penalty:   10 penalty units.

(2)

Subregulation (1) does not apply to a gathering that is:

(a)

to take place, or is taking place, in accordance with a lease or licence granted by the Director; or

(b)

organised by the Director.

(1)

A person may bury human remains in a Commonwealth reserve only:

(a)

in a burial area determined by the Director under subregulation (3); and

(b)

in accordance with a permit issued by the Director.

Penalty:   20 penalty units.

(2)

However, subregulation (1) does not apply to a burial that the Director has authorised to take place as an emergency to prevent endangering public safety or health.

(3)

For subregulation (1), the Director may determine in writing that an area in a Commonwealth reserve is a burial area.

(4)

Notice of a determination under subregulation (3) must be published.

A person must not, in a Commonwealth reserve:

(a)

erect or display a commemorative marker, whether temporarily or permanently; or

(b)

engage in commemorative activities associated with a commemorative marker.

Penalty:   20 penalty units.

(1)

A person may carry out commercial fishing in a Commonwealth reserve only if the person is authorised by:

(a)

a law of the Commonwealth, a State or self-governing Territory; or

(b)

a permit issued by the Director.

Penalty:   50 penalty units.

(2)

A person who is authorised by a law of the Commonwealth, a State or self-governing Territory or a permit issued by the Director to carry out commercial fishing in a Commonwealth reserve, or in a part of a reserve, must comply with any determination for the reserve, or the part, made by the Director under subregulation (3).

Penalty:   50 penalty units.

(3)

For subregulation (2), the Director may determine, for a Commonwealth reserve or a part of a reserve, that:

(a)

specified kinds of fishing gear cannot be carried or used; and

(b)

specified kinds of fishing gear are required to be carried or used by a person who is fishing or intending to fish; and

(c)

specified practices in commercial fishing are prohibited; and

(d)

specified practices in commercial fishing are to be followed.

(4)

The Director may determine that a prohibition or requirement mentioned in subregulation (3) is to apply at all times, at specified times or during a specified period.

(5)

Notice of a determination under subregulation (4) must be published.

(1)

This regulation applies to fishing other than commercial fishing.

(2)

A person must not fish in a Commonwealth reserve in contravention of a determination made by the Director under subregulation (3).

Penalty:   30 penalty units.

(3)

For subregulation (2), the Director may determine in writing:

(a)

that an area of water is an area where fishing is prohibited at all times, at specified times or during a specified period; and

(b)

for an area of water where fishing is allowed:

(i)

that specified kinds of fishing gear cannot be carried or used; and

(ii)

that specified kinds of fishing gear are required to be carried or used by a person who is fishing or intending to fish; and

(iii)

the kind of fish that a person may take or must not take; and

(iv)

the maximum number of fish, or maximum number of a species of fish, that a person may take in a day; and

(v)

the minimum or maximum size of fish that a person may take; and

(vi)

the maximum size of fillets of fish that a person may have in the reserve; and

(vii)

that if a person stores any fish in a freezer, the fish must be stored in bags clearly marked with the name of the person who owns the fish; and

(viii)

that tethering of fish (whether or not alongside a boat) is prohibited.

(4)

A person who is fishing in an area of water must not:

(a)

use equipment that allows the person to breathe under the surface of the water; or

(b)

attract or take fish using, or install, equipment other than:

(i)

a rod and line to which a single hook or fishing lure is attached; or

(ii)

a hand-held line to which a single hook or fishing lure is attached; or

(iii)

a hand-held net designed to land a fish caught on a hook or fishing lure to which a line is attached; or

(c)

use a hand-held net to take a fish that has not been caught on a hook or fishing lure attached to a line.

Penalty:   30 penalty units.

(5)

A person must not, in a Commonwealth reserve:

(a)

use a live animal as bait for fishing; or

(b)

use a member of a native species, other than a species of fish, as bait for fishing; or

(c)

fish by leaving a fishing line unattended; or

(d)

clean fish taken under this regulation, within 50 metres of a freshwater stream, watercourse or lake, except at a facility provided by the Director for that purpose; or

(e)

clean or fillet fish within a marine area.

Penalty:   15 penalty units.

(6)

Notice of a determination under subregulation (3) must be published, unless the determination is made to deal with an emergency that may endanger public safety.

(1)

A person must not carry out a commercial activity in a Commonwealth reserve.

Penalty:   30 penalty units.

(2)

For subregulation (1), an activity is taken to be carried out in a Commonwealth reserve if:

(a)

the activity is carried out in airspace between the reserve and 3 000 metres above mean sea level; or

(b)

it results in a commercial activity being carried out in the reserve, whether or not the activity took place in the reserve.

(3)

However, subregulation (1) does not apply to a person who is:

(a)

carrying out licensed commercial fishing operations in accordance with regulation 12.34; or

(b)

travelling:

(i)

on a merchant vessel in passage through a marine area; or

(ii)

on an aircraft using an approved flight path for an approach to landing at, or for departure from, an airport.

A person must not sell liquor in Kakadu National Park.

Penalty:   20 penalty units.

(1)

A person must not use a captured image of a Commonwealth reserve to derive commercial gain.

Penalty:   30 penalty units.

(2)

For subregulation (1):

A person must not, in a Commonwealth reserve, collect money or goods as gifts from members of the public.

Penalty:   10 penalty units.

(1)

A person must not display or erect in a Commonwealth reserve:

(a)

a sign that is likely to be mistaken for a sign erected under these Regulations; or

(b)

a flag, banner, promotional device or image.

Penalty:   5 penalty units.

(2)

However, subregulation (1) does not apply to displaying or erecting a sign, flag, banner, promotional device or image (other than a sign to which paragraph (1) (a) applies), on land held under a licence or lease granted by the Director, in accordance with the licence or lease.

(3)

A sign or other device displayed or erected in the reserve that purports to be a sign erected under these Regulations is, unless the contrary is established, taken to have been displayed or erected by the Director.

(1)

A person may drive, ride or tow a vehicle only:

(a)

on a road that is not a restricted access road; or

(b)

on a public access track; or

(c)

in a camping area or parking area.

Penalty:   15 penalty units.

(2)

A person must not drive, ride or tow a vehicle on a track or road in contravention of any prohibition or restriction imposed by the Director under subregulation 12.42 (4).

Penalty:   15 penalty units.

(3)

However, subregulations (1) and (2) do not apply, in a jointly managed reserve, to a member or officer of a land council for indigenous people's land, in the part of the reserve where the vehicle is, who is performing his or her duties as a member or officer.

(1)

For paragraph 12.41 (1) (a) or (b), the Director may determine that:

(a)

a road or track is a restricted access road; or

(b)

a track is a public access track.

(2)

The Director must give notice of a determination for subregulation (1) by:

(a)

displaying a suitable sign, in accordance with subregulation 12.53 (1), near any area affected by the determination; or

(b)

stating the effect of the determination in a management plan for the reserve.

(3)

For subregulation 12.41 (2), the Director may prohibit or restrict the use of vehicles, or a class of vehicles, on a track or road in a Commonwealth reserve.

(4)

The Director must display notice of a prohibition or restriction under subregulation (3) on a suitable sign beside the track or road at a point near which the public may gain access to the track or road.

(5)

Notice of a determination under subregulation (3) must be published, unless the determination:

(a)

is stated to expire within not more than 6 months; or

(b)

is made to deal with an emergency or meteorological conditions that:

(i)

may endanger public safety; and

(ii)

were not known in sufficient time for publication.

(1)

A person must not:

(a)

drive a vehicle on a part of a road or public access track at more than the maximum speed for that part of the road or track; or

(b)

drive a vehicle in a parking area or camping area at more than 20 kilometres per hour; or

(c)

drive or ride a vehicle on a road or public access track along a one-way traffic carriageway except in the direction indicated by an arrow on a traffic sign mentioned in subregulation 12.53 (4) for the road or track.

Penalty:   5 penalty units.

(2)

For paragraph (1) (a), the maximum speed for a part of a road or public access track between a speed limit sign and another speed limit sign or a de-restricting sign facing the direction from which the vehicle approaches is the number of kilometres per hour that is shown in numbers on the first speed limit sign.

(3)

For paragraph (1) (c), the Director may designate a road or public access track as a one-way traffic carriageway.

(4)

The Director must give notice of a designation under subregulation (3) by displaying a suitable sign, in accordance with subregulation 12.53 (4), near any area affected by the designation.

(5)

An offence against this regulation is a strict liability offence.

(1)

A person must not park or stop a vehicle in a Commonwealth reserve:

(a)

in a place other than:

(i)

a parking area; or

(ii)

a road or public access track; or

(iii)

if the person is camping in a camping area in the reserve, the camping area; or

(b)

in contravention of a sign erected by the Director; or

(c)

in a way that would unreasonably obstruct the passage of other vehicles; or

(d)

in a way that would obstruct access to a boat ramp in a launching area.

Penalty:   3 penalty units.

(2)

For subparagraph (1) (a) (i) or paragraph (1) (b), the Director may:

(a)

regulate, prohibit or restrict the parking or stopping of vehicles, or define how vehicles may be parked or stopped, in the reserve; or

(b)

prohibit the parking or stopping of vehicles, or a class of vehicles, in part of the reserve generally or during a specified period; or

(c)

permit the parking or stopping of vehicles, or a class of vehicles, in part of the reserve generally or during a specified period.

(3)

The Director must give notice of an action mentioned in subregulation (2) by displaying a suitable sign, in accordance with subregulations 12.53 (2) and (3), near any area affected by the action.

(4)

An offence against this regulation is a strict liability offence.

(1)

The Director may issue a parking permit to a person.

(2)

A parking permit:

(a)

authorises the parking of the vehicle for which it was issued in the parking area to which the permit relates; and

(b)

remains in force until the end of the period specified in the permit.

(3)

A parking permit does not have effect until it is fixed to the vehicle in accordance with subregulation 12.48 (3).

(4)

A person to whom a parking permit is issued may surrender the permit by removing it from the vehicle.

(1)

The Director may authorise in writing the installation of a voucher machine in a parking area.

(2)

On payment of the determined fee, a parking voucher issued from a voucher machine authorises the parking of a vehicle in the parking area in which the voucher machine is installed.

(3)

Unless the contrary is established, a voucher machine that purports to be a voucher machine installed in a parking area with the authority of the Director is taken to have been installed in accordance with this regulation.

The Director must adjust a voucher machine so that, after payment of the determined fee by a method described on the machine, a parking voucher is issued from the machine.

(1)

A person may park a vehicle in a parking area in which a voucher machine is installed only if the parking of the vehicle is authorised by:

(a)

a parking permit that is attached to the vehicle; or

(b)

a parking voucher that is:

(i)

issued from that machine; and

(ii)

displayed on the vehicle.

Penalty:   3 penalty units.

(2)

A person must not park a vehicle in a parking area in which a voucher machine is installed after the end of the period in which the parking of the vehicle is authorised by:

(a)

a parking permit that is attached to the vehicle; or

(b)

a parking voucher that is:

(i)

issued from that machine; and

(ii)

displayed on the vehicle.

Penalty:   3 penalty units.

(3)

For this regulation, a parking permit or parking voucher is taken to be attached to, or displayed on, a vehicle only if all words, figures and symbols appearing on the side of the permit or voucher showing the date and time of issue and expiry of the permit or voucher can be read clearly by a person standing beside the vehicle, and:

(a)

for a vehicle that is not a motor cycle or trailer — the permit or voucher is fixed to, or displayed on, the interior of the windscreen or a window of the vehicle; and

(b)

for a motor cycle or trailer — the permit or voucher is fixed to, or displayed on, the motor cycle or trailer.

(4)

A person is not taken to have contravened this regulation if the person:

(a)

fixed or displayed a parking permit or parking voucher in accordance with subregulation (3); and

(b)

took reasonable steps to ensure that the permit or voucher remained fixed or displayed in accordance with subregulation (3).

(5)

It is a defence to proceedings for an offence against subregulation (1) or (2) if:

(a)

the defendant proves that he or she stopped the vehicle:

(i)

to set down a passenger or a passenger's luggage, or other goods; or

(ii)

to allow a person to enter the vehicle or load on the vehicle a person's luggage, or other goods; and

(b)

the period for which the vehicle stopped was no longer than was reasonable.

(6)

An offence against this regulation is a strict liability offence.

A person who contravenes regulation 12.44 or 12.48 is guilty of the offence for each day, or part of a day, when the contravention occurs.

(1)

A person may interfere with, or remove, a parking permit or a parking voucher on a vehicle that is parked in a parking area only if:

(a)

the person is the owner of the vehicle; or

(b)

the person is the person:

(i)

to whom the permit was issued; or

(ii)

who obtained the voucher; or

(c)

the permit was issued, or the voucher was obtained, on behalf of the person; or

(d)

the person is acting with the authority of;

(i)

the owner of the vehicle; or

(ii)

the person to whom the permit was issued; or

(iii)

the person who obtained the voucher.

Penalty:   3 penalty units.

(2)

An offence against this regulation is a strict liability offence.

(1)

A person must not:

(a)

operate a voucher machine except in accordance with any instructions that are shown on the machine; or

(b)

insert in a voucher machine anything that is not a coin, or coins, of the denomination, or denominations, stated on the voucher machine; or

(c)

insert a bent or damaged coin in a voucher machine.

Penalty:   3 penalty units.

(2)

A person must not do an act that is likely to interfere with the operation of a voucher machine.

Penalty:   3 penalty units.

(3)

An offence against this regulation is a strict liability offence.

(1)

A person must not, except with the authority of the Director:

(a)

install in or near a parking area a device that is likely to be mistaken for a voucher machine; or

(b)

attach or affix anything to or place anything on, or stand anything against, a voucher machine.

Penalty:   3 penalty units.

(2)

An offence against this regulation is a strict liability offence.

(1)

A sign displayed under subregulation 12.42 (2) to designate a road or track as a restricted access road must include the words `SERVICE ROAD - WALKERS ONLY' or `AUTHORISED PERSONS ONLY'.

(2)

A sign displayed under subregulation 12.44 (3) to prohibit the stopping or parking of vehicles must:

(a)

indicate the area within which a vehicle must not stop or park; and

(b)

if parking or stopping is prohibited during specified hours, specify the hours within which vehicles may be parked or stopped; and

(c)

be in a form approved for a sign of that kind by a law of the State or Territory where the reserve is located.

(3)

A sign displayed under subregulation 12.44 (3) to designate a part of the reserve within which vehicles may be parked must, in addition to including words designating that part:

(a)

be in a form approved for a sign of that kind by a law of the State or Territory where the reserve is located; and

(b)

if parking is permitted only during a specified period, specify the hours within which vehicles may be parked; and

(c)

if parking is restricted to, or prohibited for, a class of vehicles, specify the class of vehicles to which the restriction or prohibition applies.

(4)

A sign displayed under subregulation 12.43 (3) to designate a road or public access track as a one-way traffic carriageway must include the words `ONE WAY' and an arrow indicating the direction in which a vehicle using the road or track must proceed.

(1)

A person must not drive or ride a vehicle in a Commonwealth reserve beyond a location at which a ranger, warden or person authorised to operate an entrance station requires the person to stop until the ranger, warden or authorised person indicates that the driver or rider may proceed.

Penalty:   10 penalty units.

(2)

A person must not drive or ride a vehicle in a Commonwealth reserve beyond a sign, erected near an entrance station, that requires the person to stop, whether at all times or at specified times, until a person authorised to operate the station indicates that the driver or rider may proceed.

Penalty:   10 penalty units.

(3)

An offence against this regulation is a strict liability offence.

(1)

A person may walk or ride on a part of a Commonwealth reserve only on:

(a)

a road or track that is available for public use; or

(b)

a track for walking or riding provided by the Director.

Penalty:   5 penalty units.

(2)

For paragraph (1) (b), a track is a track for walking or riding provided by the Director if:

(a)

a sign or other marker indicating that the track is for walking or riding is displayed near the track; or

(b)

the track is indicated as a track for walking or riding under the management plan.

(3)

Subregulation (1) does not apply, in a jointly managed reserve, to a member or officer of a land council for indigenous people's land, in the part of the reserve where the person walks or rides, who is performing his or her duties as a member or officer.

(4)

An offence against this regulation is a strict liability offence.

(1)

A person must not use a vessel in an area of water in a Commonwealth reserve in contravention of a determination by the Director under subregulation (2).

Penalty:   15 penalty units

(2)

The Director may determine:

(a)

that an area of water is an area where the use of vessels or a class of vessels is prohibited at all times, at specified times or during a specified period; and

(b)

for an area of water where the use of vessels or a class of vessels is allowed, any of the following conditions:

(i)

that a vessel is not to be used during a specified period;

(ii)

the maximum number of vessels that may be used in a specified area at any time;

(iii)

the maximum speed at which a vessel may proceed;

(iv)

that a vessel may be launched only from a launching area;

(v)

that a vessel may be anchored only in an anchoring area;

(vi)

that a vessel may be moored only in a mooring area;

(vii)

that a vessel may be anchored or moored only in a specified manner.

(3)

If the Director makes a determination to include a condition mentioned in subparagraph (2) (b) (iv), (v) or (vi), the determination must specify the launching area, anchoring area or mooring area by reference to natural features, other objects, structures, survey points or latitude and longitude.

(4)

Notice of a determination must be published, unless the determination is made to deal with an emergency that may endanger public safety.

(1)

If the Director makes a determination under subregulation 12.56 (2), the Director must display, as close to the area of water as is reasonably practicable, a sign that includes a description of the area of water and:

(a)

if the determination is made under paragraph 12.56 (2) (a):

(i)

a statement to the effect that use of vessels in the area is prohibited; or

(ii)

if the determination does not apply to all vessels, a statement to the effect that use of a vessel described in the statement is prohibited in the area; or

(b)

if the determination is to include a condition mentioned in subparagraph 12.56 (2) (b) (i), when a vessel is not to be used; or

(c)

if the determination is to include a condition mentioned in subparagraph 12.56 (2) (b) (ii), a statement to the effect that:

(i)

a permit is required; or

(ii)

the number of permits that may be issued is limited by the maximum number of vessels specified in the determination; or

(iii)

if the determination does not apply to all vessels — the number of permits that may be issued is limited by the maximum number, and the kind, of vessels specified in the determination; or

(d)

if the determination is to include a condition mentioned in subparagraph 12.56 (2) (b) (iii) — a statement of the speed so determined, expressed in knots.

(2)

If the Director makes a determination to include a condition mentioned subparagraph 12.56 (2) (b) (iv), (v) or (vi), the Director must erect at the designated area a sign:

(a)

designating the launching area, anchoring area or mooring area; and

(b)

stating that boats must be launched, anchored or moored only at designated launching, anchoring or mooring areas.

(3)

If the Director makes a determination to include a condition mentioned in subparagraph 12.56 (2) (b) (vii), the Director must erect at the designated area a sign stating the conditions under which anchoring or mooring may be carried out.

(4)

However, if it is not practicable to display a sign mentioned in subregulation (1), (2) or (3) at the location required by the subregulation, the Director:

(a)

need not comply with that subregulation; but

(b)

must give notice of the determination having regard to the forms of communication available for giving notice to persons likely to be in that area.

(1)

A person must not, in a Commonwealth reserve:

(a)

taxi an aircraft, except in a landing area; or

(b)

land or take-off an aircraft.

Penalty:   30 penalty units.

(2)

A person must not jump, parachute or otherwise disembark from an aircraft in a Commonwealth reserve:

(a)

when the aircraft is in airspace above a Commonwealth reserve; or

(b)

if the person is likely to land in a Commonwealth reserve.

Penalty:   30 penalty units.

(3)

A person must not use an aircraft to drop or lower an object into a Commonwealth reserve.

Penalty:   30 penalty units.

(4)

For subregulation (1) (a), the Director may determine:

(a)

that an area is a landing area; and

(b)

that a landing area may be used:

(i)

in a specified manner; and

(ii)

by an aircraft or a class of aircraft; and

(iii)

at all times, at specified times or during a specified period.

(5)

The Director must tell the Commonwealth authority responsible for aviation safety of a determination made under subregulation (4).

A person authorised by a permit to carry on an activity in a Commonwealth reserve must, when requested by a warden or ranger, produce the permit for inspection by the warden or ranger.

Penalty:   10 penalty units.

(1)

A warden or ranger may require a person in a Commonwealth reserve whom the warden or ranger finds committing, or suspects on reasonable grounds to be committing or to have committed, an offence against the Act or these Regulations to leave the reserve for a specified time.

(2)

A person required to leave the reserve must comply with the requirement.

Penalty:   20 penalty units.

(3)

However, a person must comply with the requirement only if the warden or ranger:

(a)

is a member of a police force who is in uniform; or

(b)

produces, for inspection by the person:

(i)

written evidence of the fact that the warden or ranger is a member of a police force; or

(ii)

the warden's or ranger's identity card.

(1)

A person who engages, or has engaged, in an activity for which a charge is payable must, if asked by a warden or ranger:

(a)

produce evidence of payment of the charge; or

(b)

pay the charge to the person making the request; or

(c)

if, at the time of request, the person cannot produce evidence of payment or pay the charge:

(i)

state his or her full name and usual place of residence to the person making the request; and

(ii)

produce evidence of his or her identity and address; and

(iii)

produce the evidence of payment or pay the charge to a warden or ranger, or to the Director, within 4 days after the day when the request is made.

Penalty:   20 penalty units.

(2)

However, the person must comply with the request only if the warden or ranger:

(a)

is a member of a police force who is in uniform; or

(b)

produces, for inspection by the person:

(i)

written evidence of the fact that the warden or ranger is a member of a police force; or

(ii)

the warden's or ranger's identity card.

(3)

If the charge is paid by the person under subregulation (1) to a warden or ranger, or a person authorised to collect the charges, the Director, warden, ranger or the person authorised to collect the charges must give a receipt for the amount to the person who paid it.

(4)

Subregulation (1) does not apply in a jointly managed reserve to a member or officer of a land council for indigenous people's land, in the part of the reserve where the activity occurs, who is performing his or her duties as a member or officer.

(1)

The owner of a motor vehicle at the time when an offence relating to the motor vehicle under these Regulations is committed is taken to have committed the offence.

(2)

However, the owner of the motor vehicle is not taken to have committed the offence if:

(a)

the motor vehicle was, at the time of the offence, stolen or illegally taken or used; or

(b)

for an owner who is not a body corporate — within 14 days after the date of a notice served under the relevant provision, or within 14 days after service of a summons for the alleged offence, the owner gives to the Director a statutory declaration made by him or her stating:

(i)

that it is made for this regulation; and

(ii)

that he or she was not in charge of the motor vehicle at the time of the alleged offence; and

(iii)

the name and address of the person who was in charge of the motor vehicle at that time; or

(c)

for an owner who is a body corporate — within 14 days after the date of a notice served under the relevant provision or within 14 days after service of a summons for the alleged offence, a director, manager or secretary of the body corporate gives to the Director a statutory declaration made by him or her stating:

(i)

that it is made for this regulation; and

(ii)

that the motor vehicle was not being used for the body corporate at the time of the alleged offence; and

(iii)

the name and address of the person who was in charge of the motor vehicle at that time.

(3)

If an infringement notice has been served under regulation 14.03, or a summons has been served, on the owner of a motor vehicle for an alleged offence under these Regulations, the owner may:

(a)

for an owner who is a not a body corporate — within 14 days after the date of the notice or service of the summons give to the Director a statutory declaration made by him or her or by a person having knowledge of the facts stating:

(i)

that it is made for this regulation; and

(ii)

that the owner was not in charge of the motor vehicle at the time of the alleged offence; and

(iii)

that he or she has not been able to find out who was in charge of the motor vehicle at that time; and

(iv)

the nature of the inquiries made to find out the name and address of the person who was in charge of the motor vehicle at that time; or

(b)

for an owner who is a body corporate — a director, manager or secretary of the body corporate may, within 14 days after the date of the notice or service of the summons, give to the Director a statutory declaration made by him or her or by a person having knowledge of the facts stating:

(i)

that it is made for this regulation; and

(ii)

that, to his or her knowledge, from the facts as set out in the declaration, the motor vehicle was not being used for the body corporate at the time of the alleged offence; and

(iii)

that he or she has not been able to find out who was in charge of the motor vehicle at that time; and

(iv)

the nature of the inquiries made to find out the name and address of the person who was in charge of the motor vehicle at that time.

(4)

At the hearing of a prosecution for an offence under regulation 12.44, 12.48 or 12.54 against the owner of a motor vehicle:

(a)

if the owner has given a statutory declaration under paragraph (3) (a) — the court must dismiss the charge if it is satisfied (whether on the statements contained in the statutory declaration or otherwise) that:

(i)

the owner was not in charge of the motor vehicle at the time of the alleged offence; and

(ii)

the inquiries made to find out the name and address of the person who was in charge of the motor vehicle at that time were reasonable in the circumstances of the case and were carried out with due diligence; or

(b)

if a director, manager or secretary of the owner has given a statutory declaration under paragraph (3) (b) — the court must dismiss the charge if it is satisfied (whether on the statements contained in the statutory declaration or otherwise) that:

(i)

the motor vehicle was not being used for the body corporate at the time of the alleged offence; and

(ii)

the inquiries made to find out the name and address of the person who was in charge of the motor vehicle at that time were reasonable in the circumstances of the case and were carried out with due diligence.

(5)

At the hearing of a prosecution for an offence against regulation 12.44, 12.48 or 12.54, a certificate signed by the Director stating that a person named in the certificate has not, in relation to that offence, given the Director a statutory declaration for a provision of this regulation is evidence of the matter so stated.

(6)

For subregulation (5), a document that purports to have been signed by the Director is to be taken to have been so signed unless the contrary is proved.

(7)

This regulation does not affect the liability of an actual offender other than the owner of the motor vehicle, but:

(a)

the owner and the actual offender must not both be liable for the same offence; and

(b)

if a penalty has been imposed on a person for an offence under regulation 12.44, 12.48 or 12.54, a further penalty must not be imposed on or recovered from another person for the same offence.

(8)

In this regulation:

(a)

if the motor vehicle is registered under a law of a State or Territory for the registration of motor vehicles — the registered owner; or

(b)

for any other motor vehicle — the person who is legally entitled to possession of the motor vehicle.

If a person is named in a statutory declaration given under paragraph 12.62 (2) (b) or (c) as being the person who was in charge of the motor vehicle at the time of an alleged offence against regulation 12.43, 12.44, 12.48 or 12.54:

(a)

the person may be found guilty of the offence only if a copy of the statutory declaration was attached to the summons for the offence when it was served on him or her; and

(b)

the statutory declaration is admissible in evidence in a prosecution for the offence against the person and is evidence that the person was in charge of the vehicle at that time.

(1)

A warden or ranger may impound a vehicle, vessel, aircraft or other property (other than goods that have been seized or forfeited under Division 10 of Part 17 of the Act), but only if the warden or ranger suspects on reasonable grounds that the vehicle, vessel, aircraft or other property has been abandoned in a Commonwealth reserve.

(2)

For subregulation (1), the Director may:

(a)

establish and maintain a pound; or

(b)

enter into an arrangement with a body for use of a pound established by the body.

(3)

If a warden or ranger impounds a vehicle, vessel, aircraft or other property , he or she must:

(a)

remove it to a pound; and

(b)

take reasonable steps to identify its owner and inform the owner of the impounding.

(4)

For paragraph (3) (b), if the owner of the vehicle, vessel, aircraft or other property cannot be identified, the steps include publishing, in a newspaper circulating in the area where the reserve is located, an advertisement that includes:

(a)

a description of the vehicle, vessel, aircraft or other property; and

(b)

the date when, and area of the reserve where, the vehicle, vessel, aircraft or other property was impounded.

(5)

A warden or ranger must release an impounded vehicle, vessel, aircraft or property to its owner on payment to the Director of the cost of impounding.

(6)

The cost of impounding a vehicle, vessel, aircraft or other property includes:

(a)

the cost of removing it to a pound; and

(b)

the cost of identifying its owner; and

(c)

if the pound is maintained by the Director, the cost, that is reasonably attributable to the management of the impounded property, of:

(i)

providing staff at the pound; and

(ii)

reasonably maintaining the pound.

(d)

if the pound is not maintained by the Director, the amount that the Director is charged for the use of the pound for the impounded property; and

(e)

any other expenses of the Director for the impounded property.

(7)

A warden or ranger may dispose of the vehicle, vessel, aircraft or other property after 1 month after:

(a)

the owner is informed of the impounding and has not paid the cost of impounding; or

(b)

the later of:

(i)

if the owner cannot be contacted — the vehicle, vessel, aircraft or other property was impounded; or

(ii)

if the owner cannot be identified — an advertisement mentioned in subregulation (4) was published.

(8)

The Director, or a warden or ranger who impounds a vehicle, vessel, aircraft or other property under this regulation, is not liable for any damage to the vehicle, vessel or other property caused by its impounding.

(1)

A warden or ranger may impound an animal that:

(a)

is not a member of a native species; and

(b)

is found straying in a Commonwealth reserve.

(2)

For subregulation (1), the Director may:

(a)

establish and maintain a pound; or

(b)

enter into an agreement with a person or body for the use of a pound established by the person or body.

(3)

If a warden or ranger impounds an animal, the warden or ranger must:

(a)

remove the animal to a pound; and

(b)

take reasonable steps to identify the owner of the animal and to tell the owner of the impounding.

(4)

For paragraph (3) (b), if the animal is not identified in a way that allows its owner to be determined, the steps include publishing, in a newspaper circulating in the area where the reserve is located, an advertisement that includes:

(a)

a description of the animal; and

(b)

the date when, and the part of the reserve where, the animal was impounded.

(5)

A warden or ranger must release an impounded animal to the owner of the animal on payment of the cost of impounding the animal to the Director.

(6)

The cost of impounding an animal includes:

(a)

the cost of removing the animal to a pound; and

(b)

the cost of identifying the owner of the animal; and

(c)

if the pound is maintained by the Director:

(i)

the cost, that is reasonably attributable to the management of the animal, of providing staff at the pound; and

(ii)

the cost of feeding and watering the animal; and

(d)

if the pound is not maintained by the Director, the amount that the Director is charged for the use of the pound for the animal; and

(e)

any other expenses of the Director for the animal.

(7)

A warden or ranger may dispose of or destroy an impounded animal after 7 days after any of the following events:

(a)

the owner was informed of the impounding and has not paid the cost of impounding;

(b)

the later of:

(i)

if the owner cannot be contacted — the animal was impounded;

(ii)

if the owner cannot be determined — an advertisement mentioned in subregulation (4) was published.

(8)

A warden or ranger who impounds an animal under this regulation is not liable for any damage to the animal caused by its impounding.

If a ranger or a warden considers it necessary for the protection of public safety or for the protection and conservation of biodiversity and heritage in a Commonwealth reserve or a part of the reserve, the ranger or warden may take any suitable measure to control or remove an organism that is:

(a)

not a member of a native species; or

(b)

not indigenous to the reserve or that part of the reserve.

For section 390E of the Act, this Part sets out the provisions for regulating activities for conservation zones.

(1)

The provisions mentioned in subregulation (2) apply to conservation zones as if each reference in the provisions to a Commonwealth reserve were a reference to a conservation zone.

(2)

The provisions are:

(a)

Part 9 (Conservation of biodiversity in Commonwealth areas);

(b)

regulation 12.10 (Scientific research);

(c)

regulation 12.11 (Excavating, building and works);

(d)

regulation 12.12 (Damaging, defacing features etc);

(e)

regulation 12.13 (Damaging etc heritage);

(f)

regulation 12.14 (Dumping of waste, littering etc);

(g)

regulation 12.15 (Use of poisonous substances);

(h)

regulation 12.16 (Fossicking, removal of earth materials etc);

(i)

regulation 12.17 (Activities relating to caves and karst);

(j)

regulation 12.18 (Use etc of firearms, nets and other devices);

(k)

regulation 12.19 (Taking animals into Commonwealth reserve);

(l)

regulation 12.20 (Taking plants into Commonwealth reserve);

(m)

regulation 12.30 (Lighting fires);

(n)

regulation 12.34 (Commercial fishing);

(o)

regulation 12.35 (Fishing other than commercial fishing);

(p)

regulation 12.36 (Commercial activities);

(q)

regulation 12.38 (Deriving commercial gain from images captured);

(r)

regulation 12.66 (Control of non-native species);

(s)

Part 17 (Permits).

(1)

For section 400 of the Act, a ranger or an authorised officer may ask a person to tell the ranger or authorised officer the person's name and address if the ranger or authorised officer finds the person committing, or there are reasonable grounds for suspecting that the person has committed, an offence against the Act or these Regulations.

(2)

For section 400 of the Act, a ranger or an authorised officer may:

(a)

ask a person to show the ranger or authorised officer any authority, licence or permit issued to the person under the Act or these Regulations; or

(b)

ask a person to show the ranger or authorised officer any permit, licence or authority needed for an activity the ranger or authorised officer suspects on reasonable grounds the person has carried on.

(3)

A person must comply with a request under subregulation (1) or (2).

Penalty:   10 penalty units.

(4)

However, a person must comply with the request only if the ranger or authorised officer who makes the request produces his or her identity card for inspection by that person.

(5)

A person must not knowingly give or produce false or misleading information or documents to a ranger or an authorised officer, who makes a request under subregulation (1) or (2).

Penalty:   10 penalty units.

For subsection 497 (1) of the Act, this Division provides a procedure under which a person who is alleged to have committed an offence against a regulation mentioned in Schedule 10 may, as an alternative to having the matter dealt with by a court, dispose of the matter by payment of a monetary penalty (an infringement notice penalty) specified in a notice (an infringement notice) served on the person.

(1)

If there are reasonable grounds for believing that a person has committed an offence against a regulation mentioned in Schedule 10, a ranger or an authorised officer may serve an infringement notice, or cause an infringement notice to be served, on the person in accordance with regulation 14.04.

(2)

The notice must set out the following information:

(a)

the name and address of the person served (unless the notice is served in accordance with subparagraph 14.04 (1) (c) (ii));

(b)

the provision of these Regulations that it is alleged has been contravened;

(c)

details of the alleged offence, including:

(i)

the day, and (if appropriate) the time, on which it is alleged to have been committed; and

(ii)

the place at which it is alleged to have been committed;

(d)

the maximum penalty that may be imposed by a court for the offence;

(e)

the amount payable as the infringement notice penalty;

(f)

a statement that, if the person prefers that the matter not be dealt with by a court, he or she may signify that preference by paying the infringement notice penalty:

(i)

before the end of 28 days after the day the notice is served; or

(ii)

if a further period is allowed by a warden, ranger or inspector under regulation 14.05 — before the end of that further period; or

(iii)

if payment by instalments is permitted under regulation 14.06 — in accordance with the permission;

(g)

how, and where, the infringement notice penalty may be paid;

(h)

a statement that if, before the end of 28 days after service of the notice, the person notifies the Director, in the manner set out in the infringement notice, of any facts or matters that the person believes ought to be taken into account in relation to the alleged offence:

(i)

time for payment of the penalty will be extended to the extent necessary to enable a decision to be made about those facts or matters; and

(ii)

the Director must consider the matters mentioned in subregulation 14.07 (5);

(i)

a statement that, if the infringement notice penalty is paid in time:

(i)

the person's liability for the offence is discharged; and

(ii)

further proceedings cannot be taken against the person for the offence; and

(iii)

the person is not taken to have been convicted of the offence;

(j)

a statement to the effect that, if none of the things mentioned in paragraph (f) or (h) is done within the time specified, the person may be prosecuted for the alleged offence;

(k)

the name of the ranger or authorised officer by whom the notice is served.

(3)

An infringement notice may contain any other information that the ranger or authorised officer considers necessary.

(4)

The notice must be served on the person not more than 12 months after the alleged commission of the offence.

(1)

An infringement notice may be served:

(a)

personally or by post; or

(b)

by leaving the notice:

(i)

at the last-known place of residence or business of the person who appears to have committed the offence; and

(ii)

with a person, apparently over the age of 16 years, who appears to live or work at the place; or

(c)

for an offence under regulation 12.44 or 12.48:

(i)

personally on a person who appears to be in charge of the vehicle; or

(ii)

by securely placing the notice on the vehicle in a conspicuous position; or

(iii)

if the Director receives a statutory declaration under subregulation 12.62 (2) — by serving the notice on the person named in the statutory declaration as being in charge of the vehicle at the time of the alleged offence in accordance with paragraph (a) or (b).

(2)

If an infringement notice for an offence under regulation 12.44 or 12.48 is to be served by post on the owner of the vehicle, it may be addressed to the owner:

(a)

at the owner's last-known place of residence or business; or

(b)

for the owner of a vehicle registered under a law of a State or Territory — at the latest address of the owner in the record of registration of the vehicle; or

(c)

for a person named in a statutory declaration under subregulation 12.62 (2) — at the address given in the statutory declaration.

(1)

On written application by a person on whom an infringement notice has been served, the Director may grant, if satisfied that in all the circumstances it is reasonable to do so, a further period for payment of the infringement notice penalty, whether or not the period of 28 days after the date of service of the notice has ended.

(2)

If application is made after the end of the 28 day period, the application must include an explanation why the alleged offender could not deal with the notice within that period.

(3)

The Director must:

(a)

grant or refuse a further period; and

(b)

give the applicant written notice of the decision; and

(c)

if the decision is a refusal — mention in the notice the reasons for refusal.

(4)

The person must pay the penalty:

(a)

if a further period is granted — before the end of that period; or

(b)

if the decision is a refusal — before the end of the later of:

(i)

7 days after receiving notice of the refusal; or

(ii)

the 28 day period.

(1)

If the Director is satisfied that in all the circumstances it is proper to do so, he or she may make an arrangement with a person on whom an infringement notice has been served (whether or not the period of 28 days after the date of service of the notice has ended) for the payment of the amount of the infringement notice penalty by instalments.

(2)

The Director must:

(a)

grant or refuse to make an arrangement; and

(b)

give the applicant written notice of the decision; and

(c)

if the decision is a refusal — mention in the notice the reasons for refusal.

(3)

The person must pay the penalty:

(a)

if an arrangement is made — in accordance with the arrangement; or

(b)

if the decision is a refusal — before the end of the later of:

(i)

the 28 day period; and

(ii)

7 days after receiving notice of the refusal.

(1)

Whether or not a notice is received under subregulation (2), the Director, if satisfied that in all the circumstances it is proper to do so, may withdraw an infringement notice.

(2)

If, before the end of 28 days after receiving an infringement notice, a person gives the Director notice under paragraph 14.03 (2) (h), the Director must decide whether to withdraw the infringement notice.

(3)

The Director must:

(a)

withdraw, or refuse to withdraw, the notice; and

(b)

give the applicant written notice of the decision; and

(c)

if the decision is a refusal — mention in the notice the reasons for refusal.

(4)

If the Director decides to refuse to withdraw an infringement notice, notice of that decision must state:

(a)

that if the amount of the infringement notice penalty is paid within 28 days after notice of the decision is given to the person, the person will not be prosecuted for the alleged offence; and

(b)

that if that amount is not so paid, the person may be prosecuted for the alleged offence.

(5)

In making a decision, the Director must consider:

(a)

the facts or matters set out in the notice (if any) given under paragraph 14.03 (2) (h); and

(b)

the circumstances in which the offence mentioned in the notice is alleged to have been committed; and

(c)

whether the person has been convicted previously of an offence against these Regulations; and

(d)

whether an infringement notice has previously been given to the person for an offence of the same kind as the offence mentioned in the notice; and

(e)

any other matter the Director considers relevant to the decision.

Note   Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.

If the Director refuses to withdraw an infringement notice, the applicant for withdrawal must pay the infringement notice penalty before the end of 28 days after receiving notice of the refusal.

(1)

If a person served with an infringement notice pays the infringement notice penalty in accordance with this Division:

(a)

the person's liability in respect of the offence is discharged; and

(b)

further proceedings cannot be taken against the person for the offence; and

(c)

the person is not convicted of the offence.

(2)

Subregulation (1) applies to a person who makes an arrangement to pay the infringement notice penalty by instalments, only if the person makes payments in accordance with the arrangement.

Evidence of an admission made by a person in a notice under paragraph 14.03 (2) (h) is inadmissible in proceedings against the person for the alleged offence.

(1)

This regulation applies if a person served with an infringement notice:

(a)

elects not to pay the infringement notice penalty; and

(b)

is prosecuted for, and convicted of, the alleged offence mentioned in the infringement notice.

(2)

In determining the penalty to be imposed, the court must not take into account the fact that the person chose not to pay the infringement notice penalty.

(1)

At the hearing of a prosecution for an offence mentioned in an infringement notice, the following certificates are evidence of the facts stated in the certificate:

(a)

a certificate signed by a ranger or an authorised officer and stating that:

(i)

the infringement notice was served on the alleged offender; and

(ii)

the infringement notice penalty has not been paid in accordance with this Division;

(b)

a certificate signed by a ranger or an authorised officer and stating that the notice was withdrawn on a day specified in the certificate;

(c)

a certificate signed by the Director and stating that:

(i)

a further period was refused, under regulation 14.05, for payment of the infringement notice penalty; and

(ii)

the infringement notice penalty has not been paid in accordance with this Division;

(d)

a certificate signed by the Director and stating that a notice, a copy of which is attached to the certificate, was served on the date mentioned in the certificate by securely placing it in a conspicuous position on the vehicle;

(e)

a certificate signed by the Director and stating that:

(i)

for regulation 14.05, the further time mentioned in the certificate for payment of the infringement notice penalty was granted; and

(ii)

the infringement notice penalty was not paid in accordance with the notice or within the further time.

(2)

A certificate that purports to have been signed by the Director, a ranger or an authorised officer is taken to have been signed by that officer unless the contrary is proved.

If a cheque is given to the Commonwealth in payment of all or part of the amount of an infringement notice penalty, the payment is taken not to have been made unless the cheque is honoured on presentation.

Nothing in this Division is to be taken to:

(a)

require that a person suspected of having contravened a provision of these Regulations be served an infringement notice; or

(b)

affect the liability of a person to be prosecuted for an alleged offence, if:

(i)

an infringement notice is not served on the person for the offence; or

(ii)

an infringement notice is served, and withdrawn; or

(c)

limit the penalty that may be imposed by a court on a person convicted of an offence.