Contents
Part 1 Preliminary
1.01 Name of Regulations [see Note 1] 13
1.02 Commencement 13
1.03 Definitions — the dictionary 13
Part 2 Matters of national environmental
significance
2.01 Nuclear action (Act s 22 (1)) 14
2.02 Nuclear activity level (Act
s 22 (1)) 14
2.03 Large-scale disposal facility (Act
s 22 (2)) 15
Part 2A Actions covered by Ministerial declarations
2A.01 Criteria for accreditation of
management plans for Commonwealth managed fisheries 16
Part 2B Bilaterally accredited management plans
2B.01 Criteria for accreditation of
management plans for World Heritage properties and National Heritage places 17
Part 3 Bilateral agreements to which
s 47 (1) of the Act apply
Division 3.1 Preliminary
3.01 Application of Part 3 21
Division 3.2 General requirements
3.02 Classification of assessment approaches 21
3.03 Public access to assessment
documentation 21
3.04 Public comment — particular needs
groups 22
Division 3.3 Classes of actions not needing
assessment
3.05 Application of Division 3.3 22
3.06 Manner of assessment 22
Part 4 Referral of proposals to take action
4.01 Purpose of Part 4 23
4.02 The way referrals must be made 23
4.03 Information that must be included in
referrals 23
Part 5 Assessing impact of controlled actions
Division 5.1 Preliminary information for assessment
5.01 Purpose of Division 5.1 24
5.02 How preliminary information must be
given 24
5.03 What preliminary information must be
given 24
Division 5.2 Matters to be addressed by draft public
environment report and environmental impact statement
5.04 Matters that must be addressed in draft
public environment report and environmental impact statement 25
Part 6 Minister’s advice on authorising actions
6.01 Actions for which Minister’s advice
must be obtained 26
6.02 Content of referral of proposal to the
Minister 26
Part 7 Species and communities
Division 7.1 Listing
7.01 Criteria for listing threatened species 28
7.02 Criteria for listing threatened
ecological communities 29
Division 7.2 Nominations for listing
7.03 Purpose of Division 7.2 31
7.04 Form of nomination — general 31
7.05 Nomination for native species 31
7.06 Nomination for ecological communities 32
7.07 Nomination for key threatening
processes 33
Division 7.3 Notification of action
7.08 Particulars to be notified 33
Division 7.4 Register of critical habitat
7.09 Identification of critical habitat 34
7.10 Requirements for register of critical
habitat 35
Division 7.5 Recovery plans and threat abatement
plans
7.11 Content of recovery plans 36
7.12 Content of threat abatement plans 36
Division 7.6 Conservation agreements
7.13 Variation and termination of
conservation agreements 37
Part 8 Interacting with cetaceans and whale
watching
Division 8.1 Interacting with cetaceans
8.01 Purpose of Division 8.1 38
8.02 Application of Division 8.1 38
8.03 Restricted craft 38
8.04 Other craft 38
8.05 Aircraft 41
8.06 Feeding 42
8.07 Touching and sudden movements 42
8.08 Noise 42
8.09 Swimming 42
Division 8.2 Whale watching
8.10 Purpose of Division 8.2 43
8.11 Application of Division 8.2 43
8.12 How whale watching is to be carried out 43
Division 8.3 Export and import of parts of cetaceans
8.13 Export of parts of cetaceans 43
8.14 Import of parts of cetaceans 44
Part 9 Conservation of biodiversity in Commonwealth
areas
9.01 Purpose of Part 9 45
9.02 Application of Part 9 45
9.03 Offences in relation to protected
species 45
9.04 Approved management plan 46
Part 9A International movement of wildlife specimens
9A.01 Exchange of specimens 47
9A.02 Export of personal or household effects 48
9A.03 Import of personal or household effects 49
9A.04 Import of CITES II specimens 49
9A.05 Welfare of live specimens 50
9A.06 Register of applications and decisions 51
9A.07 Application for amendment of list of
specimens suitable for live import 51
9A.08 Publication of specifications 52
9A.09 Export or import for the purposes of
research 52
9A.10 Export or import for the purposes of
education 52
9A.11 Export or import for the purposes of
exhibition 53
9A.12 Export or import for conservation
breeding or propagation 54
9A.13 Export or import of household pets 55
9A.14 Export or import of personal items 56
9A.15 Export or import for the purposes of a
travelling exhibition 56
9A.16 Approved captive breeding programs 56
9A.17 Approved CITES-registered captive
breeding programs 57
9A.18 Approved artificial propagation
programs 58
9A.19 Approved aquaculture programs 59
9A.20 Wildlife trade operations and
management plans 59
9A.21 Approved commercial import programs 61
9A.22 Records 62
9A.23 Forms 62
9A.24 Breeding in captivity 62
9A.25 Artificial propagation 63
Part 10 Protected areas (other than Commonwealth
reserves)
Division 1 Australian World Heritage properties
10.01 Australian World Heritage management
principles 65
Division 2 Managing National Heritage places
10.01A National Heritage criteria (Act s 324D) 65
10.01B Nomination of places for National
Heritage List (Act s 324E) 66
10.01C Matters to be addressed in management
plan for National Heritage place (Act s 324S) 67
10.01D Publication of notice about management
plan for National Heritage places (Act s 324S) 67
10.01E National Heritage management principles
(Act s 324Y) 67
Division 3 Managing wetlands of international
importance
10.02 Australian Ramsar management principles 68
Division 4 Managing Biosphere reserves
10.03 Australian Biosphere reserve management
principles 68
Division 5 Managing Commonwealth Heritage
places
10.03A Commonwealth Heritage criteria
(Act s 341D) 68
10.03B Matters to be addressed in plan for
Commonwealth Heritage place (Act s 341S) 69
10.03C Publication of notice about management
plan for Commonwealth Heritage places (Act s 341S) 70
10.03D Commonwealth Heritage management
principles (Act s 341Y) 70
10.03E Heritage strategies
(Act s 341ZA) 70
10.03F Report about review of heritage
strategy (Act s 341ZA) 71
10.03G Heritage assessments and registers
(Act s 341ZB) 71
Division 6 Australian IUCN reserves
10.04 Australian IUCN reserve management
principles 73
Part 11 Commonwealth reserves
Division 11.1 Application
11.01 Application of Part 11 74
Division 11.2 Boards for Commonwealth reserves on
indigenous people’s land
11.02 Disclosure of interests 74
11.03 Deputy members 74
11.04 Presiding members 75
11.05 Meetings 75
Division 11.3 Special rules for some Commonwealth
reserves in the Northern Territory and Jervis Bay Territory
Subdivision 11.3.1 Prescribed routes and
activities for mining operations
11.06 Transportation routes in Kakadu
National Park 77
11.07 Pipeline and power line routes in
Kakadu National Park 77
11.08 Activities in Kakadu National Park 77
Subdivision 11.3.2 Town plans
11.09 Purpose of Subdivision 11.3.2 77
11.10 Approval of town plan by Director 77
11.11 Director may prepare plan 78
11.12 Amending approved plan 79
11.13 Revocation of town plan 79
Part 12 Activities in Commonwealth reserves
Division 12.1 Preliminary
12.01 Purpose of Part 12 80
12.02 Application of Part 12 80
12.03 Determinations by the Director 80
12.04 Specifying time by reference to events 80
12.05 Publication requirement 81
Division 12.2 Regulatory provisions
Subdivision 12.2.1 Preliminary
12.06 Activities that are not offences under
Division 12.2 81
12.07 Regulations not applying in Jabiru
township 83
12.08 Authorising activities by indigenous
people 83
12.09 Activities in Commonwealth reserves
where management plans in force 84
Subdivision 12.2.2 General offences
12.10 Scientific research 85
12.11 Excavating, building and works 85
12.12 Damaging, defacing features etc 85
12.13 Damaging etc heritage 85
12.14 Dumping of waste, littering etc 86
12.15 Use of poisonous substances 86
12.16 Fossicking, removal of earth materials
etc 87
12.17 Activities relating to caves and karst 87
12.18 Use etc of firearms, nets and other
devices 87
12.19 Taking animals into Commonwealth
reserve 89
12.20 Taking plants into Commonwealth reserve 90
12.21 Cultivating plants 91
12.22 Failing to comply with directions to
remove plants 91
12.23 Entering prohibited or restricted area 92
12.24 Capturing images or recording sound 92
12.25 Failing to comply with safety
directions 93
12.26 Adventurous activities 93
12.27 Public nuisance 94
12.28 Camping 94
12.29 Failing to comply with directions about
camping 96
12.30 Lighting fires 96
12.31 Public gatherings 97
12.32 Burials 98
12.33 Erection of commemorative markers 98
12.34 Commercial fishing 98
12.35 Fishing other than commercial fishing 99
12.36 Commercial activities 101
12.37 Sale of liquor 102
12.38 Deriving commercial gain from images
captured 102
12.39 Collections 102
12.40 Erecting signs 102
Subdivision 12.2.3 Traffic
12.41 Vehicle use of tracks or roads 103
12.42 Director’s control of vehicle use of
tracks or roads 103
12.43 Speed limits and one-way traffic 104
12.44 Parking and stopping 105
12.45 Parking permits 106
12.46 Voucher machines and parking vouchers 106
12.47 Parking fees 106
12.48 Parking permits and parking vouchers 106
12.49 Daily parking offence 108
12.50 Interference with parking permits or
parking vouchers 108
12.51 Abuse of voucher machines 109
12.52 Unauthorised installation of voucher
machines 109
12.53 Signs for controlling traffic etc 109
12.54 Vehicles to stop as required 110
12.55 Walking on roads or marked tracks 111
12.56 Use of vessels 111
12.57 Signs relating to use of vessels 112
12.58 Use of aircraft 113
Subdivision 12.2.4 Administration
12.59 Obligation to produce permit 114
12.60 Removal of trespassers and offenders 115
12.61 Payment of fees and charges etc 115
12.62 Liability of owner of vehicle etc for
offences 116
12.63 Copy of statutory declaration to be
served with summons 119
12.64 Impounding or removal of vehicles etc 120
12.65 Impounding animals 121
12.66 Control of non-native species 123
Part 13 Conservation zones
13.01 Purpose of Part 13 124
13.02 Application of Regulations for
conservation zones 124
Part 14 Enforcement
Division 14.1 Wardens, rangers and inspectors
14.01 Ranger may ask for person’s name and
address 126
Division 14.2 Infringement notices
14.02 Purpose of Division 14.2 127
14.03 Infringement notices 127
14.04 Service of infringement notices 129
14.05 Extension of time to pay 130
14.06 Payment by instalments 130
14.07 If infringement notice disputed 131
14.08 Payment of penalty if infringement
notice not withdrawn 132
14.09 Effect of payment of infringement
notice penalty 132
14.10 Admissions under paragraph 14.03 (2)
(h) 132
14.11 Matter not to be taken into account in
determining sentence 133
14.12 Evidence for hearing 133
14.13 Payment of penalty by cheque 134
14.14 Infringement notice not compulsory, etc 134
Division 14.3 Review of administrative decisions
14.15 Definition for Division 14.3 135
14.16 Consideration and review of decisions
of Director 135
14.17 Objects or purposes of organisation or
association 136
Part 15 Committees
Division 15.1 Disclosure of interests
15.01 Pecuniary interests 137
Division 15.2 Committee procedure
15.02 Purpose of Division 15.2 137
15.03 Convening meetings 137
15.04 Presiding at meetings 138
15.05 Quorum 138
15.06 Voting at meetings 138
Part 16 Publication
Division 16.1 General publication requirements
16.01 Application of Division 16.1 139
16.02 Publication requirements 139
Division 16.2 Publication requirements for specified
matters
Subdivision 16.2.1 Assessments and approvals
16.03 Place of publication 140
16.04 Additional publication requirements for
designated proponent 141
16.05 Publication of information about
assessments 142
Subdivision 16.2.2 National and Commonwealth
Heritage
16.05A Publication requirements 143
Division 16.3 Prescribed places for purchase of
published material
16.06 Prescribed places for purchase of lists 144
16.07 Prescribed places for purchase of plans 144
16.08 Prescribed places for purchase of
conservation agreements and lists 145
Part 17 Permits
17.01 Application of Part 17 146
17.02 Application for a permit 146
17.03 Issue of permit 148
17.04 Content of permits 149
17.05 Circumstances that must apply 149
17.06 Statement by applicant 152
17.07 Relevant offences 152
17.08 Contravention of condition of permit 153
17.09 Varying or revoking conditions 154
17.10 Authorities under permits 155
17.11 Transfer of a permit 155
17.12 Suspension or cancellation of a permit 157
Part 18 Permit fees
18.01 Components of a fee for a permit 159
18.02 Fee amount 159
18.03 Reduction of fees 160
18.04 Exemption from fees 160
Part 19 Miscellaneous
19.01 Allowances for witnesses 162
19.01A Delegation 162
19.02 Definition of Commonwealth agency 163
Part 20 Transitional
20.01 Permits 164
20.02 Determinations, prohibitions,
restrictions and authorities 164
20.03 Established pound 165
20.04 Time-limited declarations and
specifications 165
20.05 Declarations that may remain in force
for 2 years 165
20.06 Other continuing matters 166
20.07 Requirement for assessments 166
20.08 Consultation undertaken under section
9B of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 167
20.09 Certain trading in shells of native
molluscs 167
Schedule 1 Classes of actions not needing
assessment 168
Schedule 2 Referral information 173
Schedule 3 Preliminary information 176
Part 1 General
requirements 176
Part 2 Requirements
for actions to which section 160 of the Act applies 179
Schedule 4 Matters to be addressed by draft public
environment report and environmental impact statement 181
Schedule 4A Export of CITES specimens 185
Schedule 4B Import of CITES specimens 186
Schedule 5 Australian World Heritage management
principles 187
Schedule 5A Management plans for National Heritage
places 190
Schedule 5B National Heritage management principles 192
Schedule 6 Managing wetlands of international
importance 193
Schedule 7 Australian Biosphere reserve management
principles 196
Schedule 7A Management plans for Commonwealth
Heritage places 198
Schedule 7B Commonwealth Heritage management
principles 200
Schedule 7C Heritage strategies 201
Schedule 8 Australian IUCN reserve management
principles 203
Part 1 General
administrative principles 203
Part 2 Principles
for each IUCN category 204
Schedule 9 Routes in Kakadu National Park 210
Part 1 Transportation
routes 210
Part 2 Pipeline
and power line routes 212
Schedule 10 Infringement notice offences 213
Schedule 11 Permit fees 214
Schedule 12 Protected species 221
Dictionary 223
Notes 233
Part 1 Preliminary
1.01 Name
of Regulations [see
Note 1]
These Regulations are the Environment Protection
and Biodiversity Conservation Regulations 2000.
1.02 Commencement
These Regulations commence on 16 July 2000.
1.03 Definitions —
the dictionary
(1) The dictionary at the end of these Regulations
defines certain words and expressions, and includes references to certain words
and expressions that are defined in the Act or elsewhere in these Regulations (signpost
definitions).
Example
The signpost definition ‘aircraft — see
Act, section 528’ means that the expression aircraft is
defined in section 528 of the Act.
(2) The dictionary is part of these Regulations.
(3) A definition in these Regulations applies to each
use of the word or expression in these Regulations, unless the contrary
intention appears.
Part 2 Matters of national environmental significance
2.01 Nuclear
action (Act s 22 (1))
For paragraph (g) of the definition of nuclear
action in subsection 22 (1) of the Act, a nuclear action includes
establishing, significantly modifying, decommissioning or rehabilitating a
facility where radioactive materials at or above the activity level mentioned
in regulation 2.02 are, were, or are proposed to be used or stored.
2.02 Nuclear
activity level (Act s 22 (1))
(1) For
paragraphs (c) and (d) of the definition of nuclear installation in
subsection 22 (1) of the Act, the activity level is:
(a) if the installation contains only 1 type of
nuclide and all sources of that nuclide are sealed sources — 109
times the activity mentioned for the nuclide in column 4 of Part 2 of Schedule
2 to the ARPNS Regulations; or
(b) if the installation contains only 1 type of
nuclide and all sources of that nuclide are unsealed sources — 106
times the activity mentioned in column 4 of Part 2 of Schedule 2 to the ARPNS
Regulations for the nuclide at or above the activity concentration mentioned in
column 3 of Part 2 of that Schedule for the nuclide; or
(c) in any other case — a level for which a
mixture of sealed and unsealed sources of nuclides is excessive.
(2) A mixture is excessive if:
(a) the sealed source activity value is greater
than 109; or
(b) the unsealed source activity value is greater
than 106 and the unsealed source activity concentration value is
greater than 1; or
(c) both:
(i) the sum of the sealed source
activity value divided by 109 and the unsealed source activity value
divided by 106 is greater than 1; and
(ii) the unsealed source activity
concentration value is greater than 1.
(3) In this regulation:
sealed source activity value means the sum of
the fractions calculated for each nuclide by dividing the activity of the
nuclide in the mixture in sealed sources by the activity mentioned in column 4
of Part 2 of Schedule 2 to the ARPNS Regulations for the nuclide.
unsealed source activity concentration value
means the sum of the fractions calculated for each nuclide by dividing the
activity concentration for each nuclide in the mixture by the activity concentration
mentioned in column 3 of Part 2 of Schedule 2 to the ARPNS Regulations for the
nuclide.
unsealed source activity value means the sum
of the fractions calculated for each nuclide by dividing the activity of each
nuclide in the mixture in unsealed sources by the activity mentioned in column
4 of Part 2 of Schedule 2 to the ARPNS Regulations for the nuclide.
2.03 Large-scale
disposal facility (Act s 22 (2))
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.
Part 2A Actions covered by Ministerial declarations
2A.01 Criteria
for accreditation of management plans for Commonwealth managed fisheries
(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:
fishery means a fishery to which the Fisheries
Management Act 1991 or the Torres Strait Fisheries Act 1984
applies.
Part 2B Bilaterally accredited management plans
Note Under section 45 of the Act, the
Minister may enter into a bilateral agreement with a State or self-governing
Territory in relation to 1 or more of the following:
· protecting the
environment;
· promoting the
conservation and ecologically sustainable use of natural resources;
· ensuring an
efficient, timely and effective process for environmental assessment and
approval of actions;
· minimising
duplication in the environmental assessment and approval process through
Commonwealth accreditation of the processes of the State or Territory (or vice
versa).
Such an agreement may declare that actions in a specified class
of actions approved in accordance with a management plan accredited in
accordance with subsection 46 (3) of the Act do not require approval under
Part 9 of the Act for the purposes of a specified provision of Part 3 (see the
Act, subsection 46 (1)).
2B.01 Criteria
for accreditation of management plans for World Heritage properties and
National Heritage places
(1) This regulation concerns the accreditation of a
management plan for:
(a) a declared, or proposed, World Heritage
property; or
(b) a National Heritage place.
Note A bilaterally accredited management
plan may allow for the declaration of actions that do not then need approval
under Part 9 of the Act for the purposes of a specified provision of Part
3 — see subsection 46 (1) of the Act. The relevant provisions of Part
3 in relation to a World Heritage property are sections 12 and 15A, and in
relation to a National Heritage place, sections 15B and 15C.
Criteria for management plan
(2) For paragraph 46 (3) (a) of the Act, the
criteria set out in subregulations (3) to (5) are prescribed in relation to the
management plan.
(3) Development of the management plan must have
included consultation with:
(a) the Australian community generally; and
(b) any particular groups having a special interest
in the property or place, or likely to be especially affected by a management
plan for the property or place.
(4) The public consultation mentioned in subregulation
(3) must have included the release of a draft management plan for public
comment and the allowing of at least 20 business days for the receipt of
comment by the State or Territory organisation that is responsible for
developing the plan.
Note Subsections 46 (2), 51 (2)
and 51A (2) of the Act also set out requirements about accreditation of
management plans.
Content of the management plan
(5) A management plan for a declared or proposed World
Heritage property or a National Heritage place:
(a) must outline the process of public
consultation that was undertaken in the development of the plan; and
(b) must state the law under which the plan is in
force; and
(c) must include a description of the property
or place, including its boundary and the relevant World Heritage or National
Heritage values; and
(d) must state what must be done to ensure that
the relevant World Heritage or National Heritage values are identified,
conserved, protected, presented and transmitted to future generations and, if
appropriate, rehabilitated; and
(e) must set out the means by which risk
management of the property or place will be addressed, including:
(i) identifying the risks to the
relevant World Heritage or National Heritage values; and
(ii) providing an analysis of the
potential effect of each identified risk on the relevant World Heritage or
National Heritage values, including an estimation of the nature, extent and
likelihood of the risk; and
(iii) setting out risk management
strategies to protect and conserve the relevant World Heritage or National
Heritage values; and
(f) must provide that adequate assessment of the
impacts, on the relevant World Heritage or National Heritage values, of any
proposed actions provided for under the plan, or that may arise during the life
of the plan, has been, or will be, undertaken by means specified in the plan;
and
(g) must set out the means, any legislation
other than the plan, and the processes, that:
(i) were used in assessing the impacts
of actions that are provided for under the plan; and
(ii) are to be used in assessing the
impacts of actions that may arise during the life of the plan; and
(h) must require that the impacts of any actions
likely to have a significant impact on the relevant World Heritage or National
Heritage values have been, or will be, assessed by means that provide
environmental assessment processes that meet the recommendations of regulations
3.03 and 3.04 and Schedule 1; and
(i) must provide that actions in relation to
the property or place may be approved only in accordance with the plan; and
(j) must require a decision-maker to take account
of the precautionary principle in making a decision in relation to the property
or place; and
(k) must set out the means, and any legislation
other than the plan, that:
(i) enable the setting of enforceable
conditions to ensure that the relevant World Heritage or National Heritage
values are conserved, protected, presented and transmitted to future
generations and, if appropriate, rehabilitated; and
(ii) provide for any subsequent
monitoring, auditing and enforcement of approvals and any conditions attached
to an approval; and
(l) must set out means by which the plan will
seek to prevent, or minimise the impacts of, any actions likely to degrade the
relevant World Heritage or National Heritage values, including actions leading
to cumulative degradation; and
(m) must state that actions that will have
unacceptable or unsustainable impacts (in particular, actions that will have a
significant impact on the relevant World Heritage or National Heritage values)
are inconsistent with the plan and cannot be approved; and
(n) must set out means for the plan to be
enforced, including, in appropriate circumstances, the imposition of penalties
upon a person taking an action that is inconsistent with the plan; and
(o) must ensure that management actions for values
that are not the relevant World Heritage or National Heritage values are
consistent with the management of the relevant World Heritage or National
Heritage values; and
(p) must promote the integration of Commonwealth,
State or Territory, and local government responsibilities for the property or
place; and
(q) must provide for continuing monitoring and
reporting on the state of the relevant World Heritage or National Heritage
values; and
(r) must provide that the plan is to be reviewed
at intervals of not more than 5 years.
Criterion for law of State or Territory
(6) For paragraph 46 (3) (a) of the Act, the
criterion that the law of the State or Territory under which the management
plan is in force (or is to be in force) must be capable of providing protection
for the relevant World Heritage or National Heritage values of the property or
place is prescribed in relation to that law of the State or Territory.
Part 3 Bilateral
agreements to which s 47 (1) of the Act apply
Division 3.1 Preliminary
3.01 Application
of Part 3
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.
Division 3.2 General
requirements
3.02 Classification
of assessment approaches
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.
3.03 Public
access to assessment documentation
(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.
3.04 Public
comment — particular needs groups
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.
Division 3.3 Classes of actions not needing assessment
3.05 Application
of Division 3.3
This Division applies to each manner of
assessment specified in an agreement described in subsection 47 (1)
of the Act.
3.06 Manner
of assessment
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.
Part 4 Referral of proposals to take action
4.01 Purpose
of Part 4
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.
4.02 The way referrals must be made
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.
4.03 Information
that must be included in referrals
(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.
Note 2 It is an offence to be reckless
or negligent as to whether information provided under this regulation is false
or misleading in a material particular — see Act, section 489.
Part 5 Assessing impact of controlled actions
Division 5.1 Preliminary information for assessment
5.01 Purpose
of Division 5.1
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.
5.02 How
preliminary information must 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.
5.03 What
preliminary information must be given
(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 17.02
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
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 89.
Note 2 It is an offence to be reckless
or negligent as to whether information provided under this regulation is false
or misleading in a material particular — see Act, section 489.
(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.
Division 5.2 Matters to be addressed by draft public environment report
and environmental impact statement
5.04 Matters
that must be addressed in draft public environment report and environmental
impact statement
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.
Part 6 Minister’s advice on authorising actions
6.01 Actions
for which Minister’s advice must be obtained
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.
6.02 Content of referral of proposal to the
Minister
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.
Part 7 Species and communities
Division 7.1 Listing
7.01 Criteria
for listing threatened species
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:
|
Item
|
Criterion
|
Category
|
|
Critically endangered
|
Endangered
|
Vulnerable
|
|
1
|
It has undergone, is suspected to have undergone or is
likely to undergo in the immediate future:
|
a very severe reduction in numbers
|
a severe reduction in numbers
|
a substantial reduction in numbers
|
|
2
|
Its geographic distribution is precarious for the survival
of the species and is:
|
very restricted
|
restricted
|
limited
|
|
3
|
The estimated total number of mature individuals is:
|
very low
|
low
|
limited
|
|
|
and:
|
|
|
|
|
|
(a) evidence suggests that the
number will continue to decline at:
|
a very high rate
|
a high rate
|
a substantial rate
|
|
|
or
|
|
|
|
|
|
(b) the number is likely to
continue to decline and its geographic distribution is:
|
precarious for its survival
|
precarious for its survival
|
precarious for its survival
|
|
4
|
The estimated total number
of mature individuals is:
|
extremely low
|
very low
|
low
|
|
5
|
The probability of its extinction in the wild is at least:
|
50% in the immediate future
|
20% in the near future
|
10% in the medium-term future
|
Note The Scientific Committee is to
advise the Minister on the amendment and updating of the list of critically
endangered, endangered or vulnerable species — see Act,
paragraph 503 (b).
7.02 Criteria
for listing threatened ecological communities
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:
|
Item
|
Criterion
|
Category
|
|
Critically endangered
|
Endangered
|
Vulnerable
|
|
1
|
Its decline in geographic distribution is:
|
very severe
|
severe
|
substantial
|
|
2
|
Its geographic distribution is:
|
very restricted
|
restricted
|
limited
|
|
|
and the nature of its distribution makes it likely that
the action of a threatening process could cause it to be lost in:
|
the immediate future
|
the near future
|
the medium-term future
|
|
3
|
For a population of a native species that is likely to
play a major role in the community, there is a:
|
very severe decline
|
severe decline
|
substantial decline
|
|
|
to the extent that
restoration of the community is not likely to be possible in:
|
the immediate future
|
the near future
|
the medium-term future
|
|
4
|
The reduction in its
integrity across most of its geographic distribution is:
|
very severe
|
severe
|
substantial
|
|
|
as indicated by degradation of the community or its
habitat, or disruption of important community processes, that is:
|
very severe
|
severe
|
substantial
|
|
5
|
Its rate of continuing detrimental change is:
|
very severe
|
severe
|
substantial
|
|
|
as indicated by:
|
|
|
|
|
|
(a) a rate of continuing decline
in its geographic distribution, or a population of a native species that is
believed to play a major role in the community, that is:
|
very severe
|
severe
|
serious
|
|
|
or
|
|
|
|
|
|
(b) intensification, across most
of its geographic distribution, in degradation, or disruption of important
community processes, that is:
|
very severe
|
severe
|
serious
|
|
6
|
A quantitative analysis
shows that its probability of extinction, or extreme degradation over all of
its geographic distribution, is:
|
at least 50% in the
immediate future
|
at least 20% in the near
future
|
at least 10% in the
medium-term future
|
Note The Scientific Committee is to
advise the Minister on the amendment and updating of the list of critically
endangered, endangered or vulnerable ecological communities — see Act,
paragraph 503 (b).
Division 7.2 Nominations for listing
7.03 Purpose
of Division 7.2
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.
7.04 Form
of nomination — general
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.
7.05 Nomination
for native species
(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.
7.06 Nomination
for ecological communities
(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.
7.07 Nomination
for key threatening processes
(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.
Division 7.3 Notification of action
7.08 Particulars to be notified
(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.
Division 7.4 Register of critical habitat
7.09 Identification
of critical habitat
(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.
7.10 Requirements for register of critical
habitat
(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.
Division 7.5 Recovery
plans and threat abatement plans
7.11 Content
of recovery plans
(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.
7.12 Content of threat abatement plans
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.
Division 7.6 Conservation agreements
7.13 Variation
and termination of conservation agreements
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.
Part 8 Interacting with cetaceans and whale watching
Division 8.1 Interacting
with cetaceans
8.01 Purpose
of Division 8.1
For paragraph 247 (d) of the Act, this
Division provides for the protection and conservation of cetaceans.
8.02 Application
of Division 8.1
(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.
8.03 Restricted
craft
(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.
8.04 Other
craft
(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.
8.05 Aircraft
(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.
8.06 Feeding
(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):
feeding includes:
(a) throwing food or rubbish in the water near a
cetacean; or
(b) feeding from a vessel.
8.07 Touching
and sudden movements
A person must avoid:
(a) touching a cetacean; or
(b) making sudden movements when within 2 metres
of a cetacean.
Penalty: 50 penalty units.
8.08 Noise
(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.
8.09 Swimming
(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.
Division 8.2 Whale
watching
8.10 Purpose of Division 8.2
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.
8.11 Application
of Division 8.2
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.
8.12 How
whale watching is to be carried out
(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.
Division 8.3 Export and import of parts of cetaceans
8.13 Export of parts of cetaceans
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.
8.14 Import of parts of cetaceans
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.
Part 9 Conservation of biodiversity in Commonwealth areas
9.01 Purpose
of Part 9
(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.
9.02 Application of Part 9
(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.
9.03 Offences
in relation to protected species
(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.
9.04 Approved
management plan
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.
Part 9A International movement of wildlife specimens
9A.01 Exchange of specimens
(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.
9A.02 Export of personal or household effects
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.
9A.03 Import of personal or household effects
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.
9A.04 Import of CITES II specimens
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).
9A.05 Welfare of live specimens
(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.
9A.06 Register of applications and decisions
(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.
9A.07 Application for amendment of list of
specimens suitable for live import
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.
9A.08 Publication
of specifications
For paragraph 303EG (2) (b) of the Act, a
specification must be published on the Internet on the Department’s website.
9A.09 Export or import for the purposes of
research
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.
9A.10 Export
or import for the purposes of education
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.
9A.11 Export or import for the purposes of
exhibition
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.
9A.12 Export or import for conservation breeding
or propagation
(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.
9A.13 Export or import of household pets
(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.
9A.14 Export
or import of personal items
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.
9A.15 Export or import for the purposes of a
travelling exhibition
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.
9A.16 Approved
captive breeding programs
(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 program is bred in
captivity:
(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.
9A.17 Approved
CITES-registered captive breeding programs
(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.
9A.18 Approved
artificial propagation programs
(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.
9A.19 Approved aquaculture programs
(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.
9A.20 Wildlife trade operations and management
plans
(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.
9A.21 Approved
commercial import programs
(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.
9A.22 Records
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.
9A.23 Forms
For section 303GU of the Act, a person arriving in
Australia or an external Territory must complete a form that includes the
following information:
(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.
9A.24 Breeding in captivity
(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.
9A.25 Artificial propagation
(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.
Part 10 Protected areas (other than Commonwealth reserves)
Division 1 Australian World Heritage properties
10.01 Australian
World Heritage management principles
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.
Division 2 Managing National Heritage places
10.01A National Heritage criteria (Act s 324D)
(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.
10.01B Nomination
of places for National Heritage List (Act s 324E)
(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.
10.01C Matters
to be addressed in management plan for National Heritage place
(Act s 324S)
A plan for a National Heritage place, made under
section 324S of the Act, must address the matters set out in Schedule 5A.
10.01D Publication
of notice about management plan for National Heritage places
(Act s 324S)
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).
10.01E National
Heritage management principles (Act s 324Y)
For subsection 324Y (1) of the Act, the National
Heritage management principles are set out in Schedule 5B.
Division 3 Managing
wetlands of international importance
10.02 Australian
Ramsar management principles
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.
Division 4 Managing Biosphere reserves
10.03 Australian
Biosphere reserve management principles
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.
Division 5 Managing Commonwealth Heritage places
10.03A Commonwealth
Heritage criteria (Act s 341D)
(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.
10.03B Matters to be addressed in plan for
Commonwealth Heritage place (Act s 341S)
A plan for a Commonwealth Heritage place, made
under section 341S of the Act, must address the matters set out in Schedule 7A.
10.03C Publication of notice about management plan
for Commonwealth Heritage places (Act s 341S)
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).
10.03D Commonwealth
Heritage management principles (Act s 341Y)
For subsection 341Y (1) of the Act, the
Commonwealth Heritage management principles are set out in Schedule 7B.
10.03E Heritage
strategies (Act s 341ZA)
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.
10.03F Report
about review of heritage strategy (Act s 341ZA)
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.
10.03G Heritage
assessments and registers (Act s 341ZB)
(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.
Division 6 Australian IUCN reserves
10.04 Australian
IUCN reserve management principles
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.
Part 11 Commonwealth reserves
Division 11.1 Application
11.01 Application
of Part 11
This Part applies to Commonwealth reserves.
Division 11.2 Boards for Commonwealth reserves on indigenous people’s land
11.02 Disclosure
of interests
(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.
11.03 Deputy
members
(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.
11.04 Presiding
members
(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.
11.05 Meetings
(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.
Division 11.3 Special
rules for some Commonwealth reserves in the Northern Territory and Jervis Bay
Territory
Subdivision 11.3.1 Prescribed routes
and activities for mining operations
11.06 Transportation
routes in Kakadu National Park
For paragraph 387 (2) (b) of the Act, the
routes mentioned in Part 1 of Schedule 9 are prescribed.
11.07 Pipeline
and power line routes in Kakadu National Park
For paragraph 387 (2) (c) of the Act, the
routes mentioned in Part 2 of Schedule 9 are prescribed.
11.08 Activities
in Kakadu National Park
For paragraph 387 (2) (e) of the Act, the
non-destructive monitoring of the environment is a prescribed activity.
Subdivision 11.3.2 Town plans
11.09 Purpose
of Subdivision 11.3.2
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.
11.10 Approval
of town plan by Director
(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.
11.11 Director may prepare plan
(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.
11.12 Amending
approved plan
(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.
11.13 Revocation of town plan
(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.
Part 12 Activities in Commonwealth reserves
Division 12.1 Preliminary
12.01 Purpose
of Part 12
For section 356 of the Act, this Part provides for
controlling activities relating to Commonwealth reserves.
12.02 Application of
Part 12
This Part applies to Commonwealth reserves.
12.03 Determinations by the Director
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.
12.04 Specifying
time by reference to events
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.
12.05 Publication
requirement
For this Part, if an instrument must be published
and the way of publication is not stated, it must be published in the Gazette.
Division 12.2 Regulatory provisions
Subdivision 12.2.1 Preliminary
12.06 Activities that are not offences under
Division 12.2
(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.
12.07 Regulations
not applying in Jabiru township
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).
12.08 Authorising
activities by indigenous people
(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.
12.09 Activities
in Commonwealth reserves where management plans in force
(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.
Subdivision 12.2.2 General offences
12.10 Scientific research
(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:
scientific, for research, includes
archaeological and anthropological.
12.11 Excavating,
building and works
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.
12.12 Damaging,
defacing features etc
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.
12.13 Damaging
etc heritage
A person must not, in a Commonwealth reserve,
damage, deface, move, possess or interfere with heritage.
Penalty: 50 penalty units.
12.14 Dumping
of waste, littering etc
(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.
12.15 Use
of poisonous substances
(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.
12.16 Fossicking,
removal of earth materials etc
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.
12.17 Activities
relating to caves and karst
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.
12.18 Use
etc of firearms, nets and other devices
(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.
12.19 Taking
animals into Commonwealth reserve
(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.
12.20 Taking
plants into Commonwealth reserve
(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.
12.21 Cultivating
plants
(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.
12.22 Failing to
comply with directions to remove plants
(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.
12.23 Entering
prohibited or restricted area
(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.
12.24 Capturing
images or recording sound
(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.
12.25 Failing
to comply with safety directions
(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.
12.26 Adventurous activities
(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.
12.27 Public
nuisance
(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.
12.28 Camping
(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.
12.29 Failing
to comply with directions about camping
(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.
12.30 Lighting
fires
(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.
12.31 Public
gatherings
(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.
12.32 Burials
(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.
12.33 Erection
of commemorative markers
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.
12.34 Commercial
fishing
(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.
12.35 Fishing
other than commercial fishing
(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.
12.36 Commercial
activities
(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.
12.37 Sale
of liquor
A person must not sell liquor in Kakadu National
Park.
Penalty: 20 penalty units.
12.38 Deriving
commercial gain from images captured
(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):
captured image includes an image that was not
captured for a commercial purpose or in contravention of the Act or these
Regulations.
12.39 Collections
A person must not, in a Commonwealth reserve,
collect money or goods as gifts from members of the public.
Penalty: 10 penalty units.
12.40 Erecting
signs
(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.
Subdivision 12.2.3 Traffic
12.41 Vehicle
use of tracks or roads
(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.
12.42 Director’s control of vehicle use of tracks
or roads
(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.
12.43 Speed
limits and one-way traffic
(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.
12.44 Parking and stopping
(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.
12.45 Parking
permits
(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.
12.46 Voucher
machines and parking vouchers
(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.
12.47 Parking
fees
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.
12.48 Parking permits and parking vouchers
(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.
12.49 Daily
parking 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.
12.50 Interference with parking permits or parking
vouchers
(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.
12.51 Abuse
of voucher machines
(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.
12.52 Unauthorised
installation of voucher machines
(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.
12.53 Signs
for controlling traffic etc
(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.
12.54 Vehicles to stop as required
(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.
12.55 Walking
on roads or marked tracks
(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.
12.56 Use
of vessels
(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.
12.57 Signs
relating to use of vessels
(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.
12.58 Use of aircraft
(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).
Subdivision 12.2.4 Administration
12.59 Obligation
to produce permit
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.
12.60 Removal
of trespassers and offenders
(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.
12.61 Payment
of fees and charges etc
(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.
12.62 Liability
of owner of vehicle etc for offences
(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:
owner, for a motor vehicle, means:
(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.
12.63 Copy of statutory declaration to be served
with summons
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.
12.64 Impounding
or removal of vehicles etc
(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.
12.65 Impounding
animals
(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.
12.66 Control of non-native species
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.
Part 13 Conservation zones
13.01 Purpose
of Part 13
For section 390E of the Act, this Part sets out the
provisions for regulating activities for conservation zones.
13.02 Application
of Regulations 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).
Part 14 Enforcement
Division 14.1 Wardens, rangers and inspectors
14.01 Ranger
may ask for person’s name and address
(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.
Division 14.2 Infringement notices
14.02 Purpose of Division 14.2
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.
14.03 Infringement notices
(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.
Note The infringement notice penalty
in respect of an offence is set at one‑fifth of the maximum fine that a
court could impose for the offence — see Act,
subsection 497 (2).
14.04 Service of infringement notices
(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.
14.05 Extension
of time to pay
(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.
14.06 Payment by instalments
(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.
14.07 If infringement notice disputed
(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.
14.08 Payment
of penalty if infringement notice not withdrawn
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.
14.09 Effect
of payment of infringement notice penalty
(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.
14.10 Admissions
under paragraph 14.03 (2) (h)
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.
14.11 Matter
not to be taken into account in determining sentence
(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.
14.12 Evidence for hearing
(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.
14.13 Payment of penalty by cheque
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.
14.14 Infringement notice not compulsory, etc
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.
Division 14.3 Review of
administrative decisions
14.15 Definition
for Division 14.3
In this Division:
decision has the same meaning as in the Administrative
Appeals Tribunal Act 1975.
14.16 Consideration
and review of decisions of Director
(1) This regulation
applies to a decision of the Director under Part 17 about a permit, other
than a decision:
(a) under subregulation 17.12 (5) or 17.09 (2);
or
(b) that is taken to be a decision under these
Regulations by subsection 43 (6) of the Administrative Appeals Tribunal Act
1975.
(2) The Director must give to any person whose interests
are affected by the decision written notice of the decision, including:
(a) a statement that the person may apply to the
Director to reconsider the decision; and
(b) the person’s rights to seek review of a
reconsidered decision under subregulation (4).
(3) A failure to comply with subregulation (2) does not
affect the validity of the decision.
(4) A person whose interests are affected by the
decision and who is dissatisfied with the decision may, by written notice to
the Director within 21 days after the decision first comes to the notice of the
person, ask the Director to reconsider the decision.
(5) A request under subregulation (4) must set out the
reasons for making the request.
(6) The Director must:
(a) reconsider the decision within 1 month after
he or she receives the request; and
(b) give to the person who requested the
reconsideration written notice of the result of the reconsideration and of the
grounds for the result.
(7) The notice must include a statement that, subject to
the Administrative Appeals Tribunal Act 1975, the person may apply to
the Administrative Appeals Tribunal for review of the reconsideration.
(8) The person may apply to the Administrative Appeals
Tribunal for the review of a decision by the Director made under subregulation
(6).
14.17 Objects
or purposes of organisation or association
(1) An organisation or association of persons, whether
incorporated or not, is to be taken to have interests that are affected by a
decision if the decision relates to a matter included in the objects or
purposes of the organisation or association.
(2) Subregulation (1) does not apply to a decision given
before the organisation or association was formed or before the objects or
purposes of the organisation or association included the matter.
Part 15 Committees
Division 15.1 Disclosure of interests
15.01 Pecuniary
interests
(1) For paragraph 509 (5) (a) of the Act, a
member of a Committee who has a direct or indirect pecuniary interest in a
matter being considered or about to be considered by the Committee must, as
soon as possible after the relevant facts have come to the member’s knowledge,
disclose the nature of the interest at a meeting of the Committee.
(2) The member must not,
unless the Committee or the Minister otherwise determines:
(a) be present during any deliberation of the
Committee about the matter; or
(b) take part in any decision of the Committee
about the matter.
(3) For a determination
under subregulation (2), a member who has a direct or indirect pecuniary
interest in the matter to which the disclosure relates must not:
(a) be present during any deliberation of the
Committee about making the determination; or
(b) take part in making the determination.
Division 15.2 Committee procedure
15.02 Purpose of Division 15.2
For section 510 of the Act, this Division provides
for matters relating to the operation of a Committee.
15.03 Convening
meetings
(1) A Committee must hold such meetings as are necessary
for the efficient performance of its functions.
(2) A Committee must hold at least 1 meeting every
12 months.
(3) The Chairperson of a Committee:
(a) may convene a meeting of the Committee at
any time; and
(b) must convene a meeting of the Committee on
receipt of a written request from at least 5 other members.
(4) The Secretary of the
Department may convene a meeting of a Committee at any time.
15.04 Presiding
at meetings
(1) The Chairperson of a Committee is to preside at all
meetings at which he or she is present.
(2) If the Chairperson is not present, the members
present must elect 1 of their number to preside.
15.05 Quorum
A quorum at a meeting of a Committee is the greater
of 4 members or a majority of members.
15.06 Voting
at meetings
(1) Questions arising at a meeting of a Committee are to
be decided by a majority of votes of the members present and voting.
(2) The member presiding has a deliberative vote, and,
if necessary, also has a casting vote.
Part 16 Publication
Division 16.1 General publication requirements
16.01 Application
of Division 16.1
(1) This Division applies
to publication requirements for material under the following provisions of the
Act:
(a) subsections 33 (3) and 36 (2);
(b) subsections 45 (3) and (4) and
46 (3);
(c) paragraph 49A (a);
(d) subsections 57 (3) and 59 (6);
(e) paragraphs 60 (2) (b) and
62 (2) (b);
(f) subsections 63 (5) and 65 (3);
(g) paragraphs 77 (1) (b) and
79 (3) (d);
(h) subsections 84 (5) and (6);
(i) paragraphs 91 (1) (b),
130 (4) (b), 143 (5) (b), 144 (5) (b) and
145 (5) (b);
(j) subsection 145A (8);
(k) paragraphs 155 (4) (b) and
158 (7) (a);
(l) paragraph 303A (7) (a);
(m) subsection 351 (2).
(2) This Division also applies to the requirement to
give notice of material under sections 317 and 329 of the Act.
16.02 Publication
requirements
(1) The material must be
published:
(a) in the Gazette; and
(b) if the material is not required to be
published on the internet under section 170A of the Act — at an
appropriate location on the internet; and
(c) if the material is relevant to the Territory
of Cocos (Keeling) Islands, Christmas Island or Norfolk Island — in the
Government Gazette of the Territory.
(2) Material to which paragraph 16.01 (1) (a),
(h) or (l) applies must be published in a daily newspaper that circulates throughout
Australia.
(3) Material to which paragraph 16.01 (1) (b),
(c), (d), (e) or (f) applies must be published in a daily newspaper that
circulates in the State or Territory to which the bilateral agreement relates.
(4) However, if the material is more than 200 words, a
notice may be published instead.
(5) A notice under
subregulation (4) must state:
(a) that the material is publicly available; and
(b) where the material may be viewed or obtained.
Division 16.2 Publication requirements for specified matters
Subdivision 16.2.1 Assessments and
approvals
16.03 Place
of publication
(1) This regulation
applies to publication requirements under the following provisions of the Act:
(a) paragraph 93 (1) (a);
(b) paragraph 98 (1) (c);
(c) subsection 99 (4);
(d) paragraph 103 (1) (c);
(e) subsection 104 (4);
(f) paragraph 108 (1) (a);
(g) paragraph 108 (1) (b);
(h) section 122.
(2) The material must be
published:
(a) for material to which paragraph
(1) (f), (g) or (h) applies — at an appropriate location on the
internet; and
(b) for material to which paragraph (1) (a)
applies — in a national or State daily newspaper that circulates in the
State or Territory in which the action occurs; and
(c) for material to which paragraph (1) (a)
does not apply — in a national newspaper and a State daily newspaper that
circulates in the State or Territory in which the action occurs; and
(d) if practical, in regional newspapers that
circulate in any regions of Australia where the action is likely to have a
significant impact on a matter protected by a provision of Part 3 of the Act.
(3) However, if material to which subregulation (1)
applies is more than 200 words, a notice may be published instead.
(4) The material or
notice must state:
(a) the requirement under the Act that the
material be published; and
(b) the name of the action; and
(c) a brief description of the action; and
(d) the location of the action; and
(e) the name of the person intending to take the
action; and
(f) the name of the designated proponent (if not
the person mentioned in paragraph (e)); and
(g) each matter protected by a provision of Part
3 of the Act; and
(h) where the material may be viewed or
obtained.
16.04 Additional
publication requirements for designated proponent
(1) This regulation applies to material required to be
published by a designated proponent under the following provisions of the Act:
(a) paragraph 93 (1) (a);
(b) paragraph 98 (1) (c);
(c) subsection 99 (4);
(d) paragraph 103 (1) (c);
(e) subsection 104 (4).
(2) The designated proponent must:
(a) give 2 copies of the material to:
(i) at least 1 local authority, or at
least 1 local or regional library, for the area where the action is likely to
have a significant impact on a matter protected by a provision of Part 3 of the
Act; and
(ii) a State government authority
responsible for environmental protection, or a State library, in the State
where the action is likely to have a significant impact on a matter protected
by a provision of Part 3 of the Act; and
(iii) the Department; and
(b) ask the authority or library to display the
material publicly.
(3) If the material cannot be displayed in an area in
accordance with subregulation (2), the proponent must take reasonable steps to
ensure that the material is publicly displayed at an appropriate location.
(4) A notice published
for paragraph 93 (1) (a), 98 (1) (c) or
103 (1) (c) of the Act must:
(a) invite public comment on the material; and
(b) state the final date for providing comment
under subparagraph 93 (1) (a) (iv), paragraph
98 (1) (c) or subparagraph 103 (1) (c) (ii) of the
Act.
16.05 Publication
of information about assessments
For paragraph 170A (j) of the Act, the
Secretary must publish on the internet every week, notice of any decision that
the Minister has made in the preceding week to approve, or not to approve, an
action under Division 1 of Part 9 of the Act.
Subdivision 16.2.2 National and
Commonwealth Heritage
16.05A Publication
requirements
(1) This regulation sets out the publication requirements
for material under the following provisions of the Act:
(a) subsection 324E (9);
(b) paragraph 324G (3A) (a);
(c) subsection 324H (1);
(d) subsection 324H (5);
(e) paragraph 324M (1) (b);
(f) subsection 324S (3);
(g) paragraphs 324S (6) (a) and
341G (3A) (a);
(h) subsection 341H (1);
(i) subsection 341H (5);
(j) paragraph 341M (1) (b);
(k) subsection 341S (3);
(l) paragraph 341S (6) (b).
(2) The material to which paragraphs (1) (a), (b),
(c), (g), (h) and (l) applies must be published:
(a) on the Internet; and
(b) if the material is relevant to the Territory
of Cocos (Keeling) Islands, the Territory of Christmas Island or Norfolk
Island — in the government gazette of the Territory; and
(c) in a daily newspaper that circulates throughout
Australia.
(3) The material to which paragraphs (1) (d) and
(i) applies must be published on the Internet.
(4) The material to which
paragraphs (1) (e) and (j) applies must, if it is relevant
to the Territory of Cocos (Keeling) Islands, the Territory of Christmas Island
or Norfolk Island, be published in the government gazette of the Territory.
(5) The material to which paragraphs (1) (f)
and (k) applies must be published:
(a) on the Internet; and
(b) in the Gazette.
Division 16.3 Prescribed places for purchase of published material
16.06 Prescribed
places for purchase of lists
For sections 194 and
252 of the Act, the Minister must make copies of up-to-date lists available for
purchase at:
(a) for Norfolk Island — the office of the
Administrator of the Territory; and
(b) for each State or other self-governing
Territory — an office of the Department or the Australian Government Info
Shop in the capital city of the State or Territory.
16.07 Prescribed
places for purchase of plans
(1) This regulation sets
out the places where copies of plans must be made available for purchase under
the following provisions of the Act:
(a) paragraph 275 (1) (a);
(b) paragraph 278 (1) (a);
(c) paragraph 290 (1) (a);
(d) paragraph 293 (1) (a).
(2) The places are:
(a) for Norfolk Island — the office of the
Administrator of the Territory; and
(b) for each State or other self-governing
Territory — an office of the Department or the Australian Government Info
Shop in the capital city of the State or Territory; and
(c) for paragraphs (1) (a) and (d), if the
plan affects Christmas Island or Cocos (Keeling) Islands — the office of
the Administrator of the affected Territory.
16.08 Prescribed
places for purchase of conservation agreements and lists
(1) This regulation sets out the places where the
Minister must make copies of material available for purchase under subsection
309 (1) or section 310 of the Act:
(2) The places are:
(a) for Norfolk Island — the office of the
Administrator of the Territory; and
(b) for each State or other self-governing
Territory — an office of the Department or the Australian Government Info
Shop in the capital city of the State or Territory; and
(c) for a conservation agreement or variation
that affects Christmas Island or Cocos (Keeling) Islands — the office of
the Administrator of the affected Territory.
Part 17 Permits
17.01 Application
of Part 17
This Part applies to
permits issued:
(a) by the
Minister under the following provisions of the Act:
(i) section 201;
(ii) section 216;
(iii) section 238;
(iv) section 258; and
(aa) by the Minister under the following
provisions of the Act:
(i) section 303DG;
(ii) section 303EN;
(iii) section 303GD; and
(b) by the Minister under Part 9, authorising a
person to take an action stated in the permit for a protected species; and
(c) by the Director authorising a person to
carry out an activity that is prohibited under Division 12.2; and
(d) by the Director authorising a person to carry
out an activity to which subregulation 12.09 (1) applies.
17.02 Application for a permit
(1) A person may apply for a permit to which this Part
applies.
(2) The application for the permit must be in writing or
electronic form and must include the following information:
(a) for a permit to which paragraph 17.01 (a)
applies — the section of the Act under which the application is made;
(b) the full name of each person to whom the
permit is to be issued;
(c) if the application is not made by any of
those persons —the name of the applicant;
(d) the name, business address and postal address
of any group to which the permit is to be issued;
(e) contact details for a person mentioned in
paragraph (b) or (c);
(f) for a permit to which paragraph 17.01 (a)
or (b) applies — any common name and any scientific name of the native
species for which the application is made and, if it is a listed species, the
Part in the list mentioned in subsection 178 (1) of the Act in which it is
listed;
(g) for a permit, other than a permit to which
paragraph 17.01 (aa) applies — details of the action for which the
permit is sought, including:
(i) for a permit to which paragraph 17.01 (a)
applies — whether the action will result in the death or injury of a
member of a listed species or involve taking, trading, keeping or moving a
member of a listed species or treating or interfering with a cetacean;
(ii) for a permit to which paragraph 17.01 (b),
(c) or (d) applies — whether the action will result in the death or injury
of a member of a native species, involve taking, trading, keeping or moving a
member of a native species or result in damage to or destruction of the nest or
dwelling place of a member of a native species;
(iii) how many members of each listed
species or native species will be affected;
(iv) when and where the action is
proposed to be taken;
(v) a description of the action,
including the methods to be used to comply with these Regulations and to
minimise impact on any listed species or native species;
(vi) the relevant qualifications or
experience of each person proposing to take the action;
(vii) the objectives or purpose of the
action;
(h) a statement of the matters mentioned in
regulation 17.06;
(i) a declaration stating whether the applicant
has been convicted of, or is subject to proceedings for, an offence mentioned
in subregulation 17.07 (1);
(j) a declaration that the information in the
application is correct to the best of the applicant’s knowledge.
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.
(3) The application must be accompanied by a fee in
accordance with Part 18.
(4) For paragraph
(2) (i), the applicant is taken to have been convicted of an offence if
the applicant:
(a) has been charged with, and found guilty of,
the offence but discharged without conviction; or
(b) has not been found guilty of the offence, but
a court has taken the offence into account in passing sentence on the applicant
for another offence.
17.03 Issue
of permit
(1) This regulation applies to a permit to which
paragraph 17.01 (b), (c) or (d) applies.
(2) The Minister or
Director may issue a permit only if:
(a) for a permit to which paragraph 17.01 (b)
applies — there are reasonable grounds for believing that the action will
not, or is not likely to, adversely affect the conservation status of a
protected species or a population of a protected species; and
(b) for a permit to which paragraph 17.01 (c)
or (d) applies — the circumstances mentioned in subregulation 17.05 (1)
apply; and
(c) the applicant has not been convicted of, nor
is subject to proceedings for, an offence under a law mentioned in
subregulation 17.07 (1); and
(d) for a permit
that applies in a jointly managed reserve:
(i) consultation with the Board for
the reserve is required under any agreement between the Director and the Board
and has been carried out in accordance with the agreement; or
(ii) there is no such agreement but the
activity is consistent with the Director’s obligations under the lease for the
reserve.
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.
(3) The Minister or
Director must:
(a) give each permit a reference number by which
it can be identified; and
(b) tell the applicant the reference number; and
(c) give the applicant written notice if the
Minister or Director refuses to issue a permit.
17.04 Content
of permits
(1) A permit must:
(a) be in writing; and
(b) state:
(i) the provision of the Act or these
Regulations for which it is issued; and
(ii) the activity that is permitted;
and
(iii) when the permit expires; and
(iv) the conditions subject to which it
is issued.
(2) A permit, other than a permit to which paragraph
17.01 (aa) applies, must state the Commonwealth area where the activity
may be carried out.
(3) A permit to which paragraph 17.01 (aa) applies
must state the name and address of the person to whom the permit is issued.
17.05 Circumstances
that must apply
(1) For paragraph 17.03 (2) (b), the
circumstances for an activity mentioned in an item of the following table are
those mentioned in the item:
|
Item
|
Activity
|
Circumstances
|
|
1
|
Any activity
|
It must be consistent with:
(a) if there is a management
plan in force for the reserve — the plan; and
(b) if there is no management
plan in force for the reserve — the purposes for which the reserve is
declared; and
(c) if the activity is in a
jointly managed reserve — any lease of indigenous people’s land in the
reserve.
|
|
2
|
Any activity
|
It must not be likely to:
(a) endanger public safety; or
(b) unduly damage the reserve;
or
(c) unduly
interfere with the preservation or conservation of biodiversity or heritage
in the reserve; or
(d) unduly interfere with the
protection of other features or facilities in the reserve; or
(e) interfere with the privacy
of a cultural event held in the reserve by the traditional owners of
indigenous people’s land in the reserve; or
(f) interfere with the
continuing cultural use of the reserve (including residence in the reserve)
by the traditional owners of indigenous people’s land in the reserve; or
(g) interfere with the privacy
of other persons in the reserve.
|
|
3
|
An activity prohibited under regulation 12.19 (except
subregulation (5))
|
The animal must be kept under any restraint necessary to
prevent it from straying in the reserve.
|
|
4
|
An activity prohibited
under regulation 12.20 or 12.21
|
The plant must not be a
member of a species that is:
(a) included
in a list mentioned in section 301A of the Act; or
(b) determined
by the Director in a management plan for the reserve to be a pest species.
|
|
5
|
An activity prohibited under regulation 12.31
|
1. The capacity of a parking area, a fireplace or
toilet facilities provided must be able to meet the demand created by the
public gathering.
2. No permit may have already been issued for the
place and time covered by the proposed permit.
|
|
6
|
An activity prohibited under regulation 12.32
|
The person to be buried must have had a traditional
association with the land or waters in the reserve.
|
|
7
|
An activity prohibited
under regulation 12.34
|
Carrying out commercial
fishing must not contravene a law of the Commonwealth or a relevant State or
Territory about commercial fishing.
|
|
8
|
An activity prohibited under regulation 12.36
|
1. The activity must benefit the public or persons
using the reserve.
2. If the activity is to sell liquor in a reserve in
the Northern Territory, the requirements mentioned in subregulation (2) must
be met.
|
|
9
|
An activity prohibited under regulation 12.37
|
The requirements mentioned in subregulation (2) must
be met.
|
|
10
|
An activity prohibited under regulation 12.39
|
No permit may have already been issued for the time and
place to be covered by the proposed permit.
|
|
11
|
An activity prohibited under regulation 12.41
|
The use of the vehicle must not be likely:
(a) to cause the condition of
the track or road to which the permit relates to deteriorate significantly;
or
(b) to cause the condition of
another part of the reserve to be significantly degraded.
|
|
12
|
An activity prohibited
under regulation 12.56
|
The issue of the permit
must not result in the maximum number of vessels authorised for the area
exceeding the number of vessels authorised in the determination.
|
|
13
|
An activity mentioned in subsection 354 (1) of the
Act
|
The issue of the permit must be consistent with the
management plan.
|
(2) For paragraph 2 of
item 8 and item 9 of the table to subregulation (1), the requirements are:
(a) the proposed permit holder must be the
holder of a licence under the Liquor Act of the Northern Territory; and
(b) the Northern Land Council, established under
the Aboriginal Land Rights (Northern Territory) Act 1976, must be given
an opportunity to comment on the merits of the application; and
(c) the Director must have considered any views
expressed by the Northern Land Council.
17.06 Statement
by applicant
(1) For paragraph 17.02 (2) (h), this
regulation sets out the matters that must be included in a statement by the
applicant.
(2) For a permit to which paragraph 17.01 (a)
applies, the applicant must state why the applicant believes the proposed
action meets 1 of the criteria identified in subsection 201 (3),
216 (3), 238 (3) or 258 (3) of the Act that relates to the
action.
(3) For a permit to which paragraph 17.01 (b)
applies, the applicant must state:
(a) whether the action will, or is likely to,
adversely affect the conservation status of a protected species or a population
of a protected species; and
(b) the steps to be taken to minimise the impact
of the action on the native species.
17.07 Relevant
offences
(1) For paragraphs 17.02 (2) (i) and
17.03 (2) (c), and paragraphs 17.11 (3) (c) and
(5) (f), the offences are the following:
(a) offences under the Act or these Regulations;
(b) offences under any other law of the
Commonwealth about the protection, conservation or management of native species
or ecological communities;
(c) offences under section 6, 7, or 7A, or
subsection 86 (1), of the Crimes Act 1914 in relation to an offence
referred to in paragraph (a) or (b);
(d) offences under a law of a State or Territory
about the protection, conservation or management of native species or
ecological communities;
(e) offences, in relation to a law referred to
in paragraph (d), under a provision of a law of a State or Territory that is
equivalent to a provision mentioned in paragraph (c), or to section 11.1, 11.4
or 11.5 of the Criminal Code.
Note 1 Sections 6, 7 and 7A of the Crimes
Act 1914 relate respectively to accessories to an offence, attempts to
commit an offence and inciting the commission of an offence; section 86 of that
Act relates to conspiracy to commit an offence.
Note 2 Section
11.1 of the Criminal Code relates to attempt; section 11.4 of the Code
relates to incitement to commit an offence; and section 11.5 to conspiracy to
commit an offence. Under section 11.6 of the Code, a reference in a law of the
Commonwealth to an offence includes the offences created by sections 11.1, 11.4
and 11.5. For offences of complicity and common purpose, and the commission of
an offence by means of an innocent agency, see sections 11.2 and 11.3 of the
Code.
(2) For subregulation (1), the applicant is taken to
have been convicted of an offence if, within 5 years before the application is
made, the applicant:
(a) has been charged with, and found guilty of,
the offence but discharged without conviction; or
(b) has not been found guilty of the offence, but
a court has taken the offence into account in passing sentence on the applicant
for another offence.
17.08 Contravention
of condition of permit
A holder of a permit to which paragraph 17.01 (b)
or (c) applies is guilty of an offence if the holder:
(a) takes an action or omits to take an action;
and
(b) the action or omission contravenes a
condition of the permit.
Penalty: 50 penalty units.
Note For contravention of conditions of a
permit to which paragraph 17.01 (a) applies — see the Act,
sections 203, 218, 240 and 260.
17.09 Varying
or revoking conditions
(1) The Minister may, by written notice to a holder of a
permit issued by the Minister, vary or revoke a condition of the permit, or
impose a further condition on the permit, in accordance with subregulation (3).
(2) The Director may, by written notice to a holder of a
permit issued by the Director, vary or revoke a condition of the permit, or
impose a further condition on the permit, in accordance with subregulation (3).
(3) However, the Minister or Director may take action
under subregulation (1) or (2) only if the permit, as changed by the action,
could have been issued in accordance with:
(a) a provision of the Act mentioned in
paragraph 17.01 (a) or (aa); or
(b) subregulation 17.03 (2).
(4) A holder of a permit may apply in writing for the
variation or revocation of a condition of the permit.
(5) An application under subregulation (4) must be
accompanied by:
(a) a fee in accordance with Part 18; and
(b) for a permit to which paragraph 17.01 (b)
or (c) applies:
(i) the reference number given to the
permit; and
(ii) a statement of the reasons the
holder thinks the condition of the permit should be varied or revoked.
(6) A person who makes a decision under subregulation
(1) or (2) must give each holder of the permit written notice of the decision.
(7) If a condition of a
permit must be varied, revoked or imposed to make sure that matters or
circumstances, about which the Minister or Director must be satisfied when
issuing the permit, continue to apply, the Minister or Director must:
(a) vary or revoke the condition (whether or not
an application has been made under this regulation); or
(b) impose the further condition.
(8) The Minister or Director must give a holder of the
permit written notice of a decision under subregulation (1), (2) or
(7).
17.10 Authorities
under permits
(1) A holder of a permit to which paragraph 17.01 (b)
or (c) applies may authorise a person to take an action under the permit.
(2) An authority may be
given only if:
(a) it is in writing; and
(b) the permit has a condition that allows a
holder of the permit to give an authority; and
(c) it is given in accordance with the
condition; and
(d) for a permit to which paragraph 17.01 (c)
applies — paragraphs 17.03 (2) (b), (c) and (d) will continue to
be satisfied if the authority is given.
(3) A permit is taken to allow an action that is taken
by an authorised person in accordance with an authority.
(4) A holder of a permit may also take an action for
which the holder has authorised another person.
(5) A person who gives an authority under this
regulation must, within 14 days after giving the authority, give written notice
of it to:
(a) for a permit issued by the Minister —
the Minister; or
(b) for a permit issued by the Director —
the Director.
Penalty: 20 penalty units.
17.11 Transfer
of a permit
(1) The Minister may transfer a permit issued by the
Minister.
(2) The Director may transfer a permit issued by the
Director.
(3) A permit may be
transferred only if:
(a) a holder of the permit applies in writing;
and
(aa) for a permit to which paragraph
17.01 (aa) applies — the permit is given to the Minister; and
(b) there are reasonable grounds for believing
that the proposed transferee will meet the conditions of the permit; and
(c) the proposed transferee has not been
convicted of, nor is subject to proceedings for, an offence under a law
mentioned in subregulation 17.07 (1); and
(d) for a jointly
managed reserve:
(i) if consultation with the Board for
the reserve is required under any agreement between the Director and the
Board — the consultation has been carried out in accordance with the
agreement; or
(ii) if there is no such
agreement — the approval is consistent with the Director’s obligations
under the lease of indigenous people’s land in the reserve.
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.
(4) An application for transfer of a permit must be
accompanied by a fee in accordance with Part 18.
(5) The application must
include the following:
(a) the full name of the holder of the permit;
(b) a copy of the permit;
(c) the reasons for the proposed transfer;
(d) full name and contact details for the
proposed transferee;
(e) the relevant qualifications or experience of
the proposed transferee;
(f) a declaration by the proposed transferee
stating whether he or she has been convicted of, or is subject to proceedings
for, an offence mentioned in subregulation 17.07 (1);
(g) a declaration that the information in the
application is correct to the best of the knowledge of the holder of the permit
and the proposed transferee.
(6) For paragraphs
(3) (c) and (5) (f), the applicant is taken to have been convicted of
an offence if the applicant:
(a) has been charged with, and found guilty of,
the offence but discharged without conviction; or
(b) has not been found guilty of the offence, but
a court has taken the offence into account in passing sentence on the applicant
for another offence.
(7) The Minister or Director must give the applicant and
the proposed transferee written notice of a decision whether or not to transfer
a permit under subregulation (1) or (2).
17.12 Suspension
or cancellation of a permit
(1) Subregulations (2),
(3) and (4) apply if:
(a) a holder of a permit contravenes a condition
of the permit; or
(b) there are reasonable
grounds for believing that:
(i) a holder of a permit is likely to
contravene a condition of the permit; or
(ii) if an application for a permit
that has been issued were being considered again, the permit would not be
issued.
(2) The Minister may, by written notice to a holder of a
permit issued by the Minister, cancel the permit.
(3) The Director may, by written notice to a holder of a
permit issued by the Director, cancel the permit.
(4) The Minister or Director may, by written notice
given to a holder of the permit, suspend the permit for the period stated in
the notice.
(5) A permit must not be suspended for more than 28
consecutive days.
(6) A permit has no effect while it is suspended.
(7) Suspension of a permit does not affect the period
for which the permit was issued.
(8) If a permit expires before the end of a period for
which the permit is suspended, the holder of the permit is not eligible for
another permit until the period of suspension is over.
Part 18 Permit fees
18.01 Components
of a fee for a permit
(1) This regulation applies to an application for a
permit to which regulation 17.01 applies.
(2) The fee is made up
of:
(a) an amount (the administration
component) for the cost of processing the application; and
(b) an amount (the assessment component)
for the cost of assessing whether a permit may be issued and whether a permit
application needs to be redirected as a referral or as a different type of
permit; and
(c) an amount (the management component)
for the costs of providing supervision or monitoring compliance with permit
conditions.
(3) The management component of a fee is not payable if
the application is refused.
18.02 Fee
amount
(1) An application to which a provision of these
Regulations, mentioned in a Part of Schedule 11 for an activity mentioned in an
item of the Schedule, applies must be accompanied by the administration
component and the assessment component mentioned in the item.
Note The application fee for a permit
does not include charges that may apply for a Commonwealth reserve, including
entry, using a camping site, bushwalking and using facilities and services.
(2) An application for transfer of a permit, variation
or revocation of a condition of a permit to which regulation 17.01 applies must
be accompanied by the administration component and the assessment component
mentioned for the application in Part 5 of Schedule 11.
(3) The management component of a fee for a permit must
be paid before the permit is issued.
(4) For Part 1B of
Schedule 11, if more than 1 permit is needed for the export or import of a
consignment of specimens, the total fee payable is the highest amount payable
for any of the permits.
18.03 Reduction
of fees
For an activity mentioned in Part 3 or 4 of
Schedule 11 for which no fee was payable immediately before the commencement of
the Act, no fee is payable for a permit for the activity that is issued less
than 1 year after the commencement of the Act.
18.04 Exemption
from fees
No fee is payable in any of the following circumstances:
(a) if:
(i) the applicant is an Australian
charitable organisation; and
(ii) the permit is issued for an
activity mentioned in regulation 12.31 (Public gatherings) or 12.39
(Collections); and
(iii) the Director is satisfied that
the activity contributes to the positive portrayal of the Commonwealth reserve
and its values;
(b) if:
(i) the permit is issued for an
activity mentioned in regulation 12.24 (Capturing images or recording sound) or
12.38 (Deriving commercial gain from images captured); and
(ii) the Director is satisfied that the
activity contributes to the positive portrayal of the Commonwealth reserve and
its values;
(c) if the applicant is a traditional owner of
indigenous people’s land where the activity is to be carried out, unless the
activity is to be carried out by a business entity not under the direct control
of the applicant;
(d) for an application for variation of a
condition or imposition of a condition for a permit, if the Minister or
Director is satisfied that the variation or imposition helps to achieve the
objects of the Act;
(e) if:
(i) immediately before the
commencement of the Act, the applicant carried on the activity for which the
application for a permit is made; and
(ii) the Minister or Director is satisfied
that the applicant has paid a fee to an appropriate authority for the same
activity; and
(f) if:
(i) the permit is issued under section
303CG, 303DG, 303EN or 303GD of the Act; and
(ii) the applicant is the Commonwealth,
a Commonwealth agency, a State or a Territory or an authority or agency of
a State or a Territory.
Part 19 Miscellaneous
19.01 Allowances
for witnesses
(1) This regulation sets out the allowances for
travelling and other expenses that a person summoned by a commissioner to appear
as a witness at an inquiry is entitled to be paid by the
Commonwealth.
(2) For subsection
111 (4) of the Act, a person is entitled to be paid:
(a) reasonable expenses for travelling to and
from the place where the person is required to attend; and
(b) if the person is required to be absent
overnight from his or her usual place of residence — reasonable expenses
for meals and accommodation; and
(c) if expenses are payable to a person for
being a witness — expenses in accordance with the Second Schedule of the High
Court Rules 1952.
19.01A Delegation
(1) The Minister may, by signed instrument, delegate any
or all of his or her powers (except this power of delegation) or functions
under these Regulations to an employee in the Department.
(2) A delegate of the Minister is, in the exercise or
performance of a delegated power or function, subject to the directions of the
Minister.
(3) The Secretary may, by signed instrument, delegate
any or all of his or her powers (except this power of delegation) or functions
under these Regulations to an employee in the Department.
(4) A delegate of the Secretary is, in the exercise or
performance of a delegated power or function, subject to the directions of the
Secretary.
(5) The Director may, by sealed instrument, delegate any
or all of his or her powers (except this power of delegation) or functions
under these Regulations to a person.
(6) A delegate of the Director is, in the exercise or
performance of a delegated power or function, subject to the directions of the
Director.
19.02 Definition
of Commonwealth agency
For paragraph (j) of the definition of Commonwealth
agency in section 528 of the Act, the following companies are
prescribed:
(a) Telstra Corporation Limited (ABN 33 051 775
556, ACN 051 775 556);
(b) each company that is, or becomes, a
subsidiary of Telstra Corporation Limited.
Part 20 Transitional
20.01 Permits
(1) A continuing permit is taken to be a permit issued
under Part 17 and to remain in force, unless suspended or cancelled, for the remainder
of the period for which it was granted.
(2) In this regulation:
continuing permit means a permit, licence,
authority or exemption granted and in force, immediately before the
commencement of these Regulations, under the following provisions of the
National Parks and Wildlife Regulations:
(a) subregulation 23 (1), (2), (3) or (4);
(b) subregulation 27 (1);
(c) paragraph 31 (4) (a);
(d) subregulation 50 (1);
(e) subregulation 54 (1);
(f) subregulation 65A (1);
(g) subregulation 70 (1);
(h) subregulation 73 (1);
(i) subregulation 76 (1).
20.02 Determinations,
prohibitions, restrictions and authorities
(1) This regulation
applies to a determination or decision made, prohibition or restriction
notified or authority given by the Director and in force, immediately before
the commencement of these Regulations, under the following provisions of the
National Parks and Wildlife Regulations:
(a) subregulation 14 (1) or (3);
(b) subregulation 29 (1);
(c) subregulation 31 (1) or (2);
(d) subregulation 34 (1);
(e) subregulation 36 (1) or (2);
(f) subregulation 38 (1);
(g) subregulation 40 (4);
(h) subregulation 41 (1);
(i) subregulation 65B (1).
(2) A determination, decision, prohibition, restriction
or authority mentioned in subregulation (1) is taken to be a determination made
by the Director under Part 12 and to remain in force until it is revoked.
20.03 Established
pound
A pound established by the Director under
subregulation 22 (1) of the National Parks and Wildlife Regulations is
taken to have been established under regulation 12.64 or 12.65.
20.04 Time-limited
declarations and specifications
(1) This regulation
applies to a declaration or specification by the Director and in force,
immediately before the commencement of these Regulations, under subregulation
15 (2) or 33 (1) of the National Parks and Wildlife Regulations.
(2) A declaration or specification mentioned in
subregulation (1) is taken to be a determination made by the Director under
Part 12 and to remain in force, unless revoked, for the period mentioned
in the declaration or specification.
20.05 Declarations
that may remain in force for 2 years
A declaration by the Director and in force,
immediately before the commencement of these Regulations, under subregulation
58 (1) of the National Parks and Wildlife Regulations is taken to be a
determination made by the Director and to remain in force, unless revoked,
until 2 years after the commencement of these Regulations.
20.06 Other
continuing matters
(1) A licence suspended,
immediately before the commencement of these Regulations, under subregulation
52 (1) of the National Parks and Wildlife Regulations is taken to be
suspended under regulation 17.12 for the remaining period of the suspension.
(2) Subregulation (3) applies to an infringement notice:
(a) served under subregulation 66 (3) of the
National Parks and Wildlife Regulations; and
(b) for which the prescribed penalty was not paid
at the commencement of these Regulations.
(3) The infringement notice is taken to have been served
under these Regulations and may be enforced as if the offence mentioned in the
infringement notice were an offence against these Regulations.
(4) A reconsideration by the Director under regulation
75 of the National Parks and Wildlife Regulations that has not been finalised
before the commencement of these Regulations is to be carried on as if it were
a reconsideration under Division 14.3.
20.07 Requirement for assessments
For subitem
82 (1) of Schedule 1 to the Environment Protection and Biodiversity
Conservation Amendment (Wildlife Protection) Act 2001:
(a) a proposal by
the Minister under paragraph 9B (1) (aa) of the Wildlife
Protection (Regulation of Exports and Imports) Act 1982 is taken to comply
with section 303EF of the Act if:
(i) it relates to the amendment of
Schedule 6 to that Act to include a new species; and
(ii) it includes an assessment of the
potential impact on the environment of the proposed amendment; and
(iii) the Designated Authority and the
Minister have complied with section 9B of that Act; and
(b) participation of State and Territory
Ministers under section 78 of that Act on a proposal to amend Schedule 6 to
that Act is taken to be consultation under paragraph 303EC (3) (b) of
the Act.
20.08 Consultation
undertaken under section 9B of the Wildlife Protection (Regulation of
Exports and Imports) Act 1982
If before this regulation commenced the Minister
was considering a proposal:
(a) to declare a program as an approved
management program under section 10 of the Wildlife Protection (Regulation
of Exports and Imports) Act 1982; or
(b) to declare specimens to be controlled
specimens under section 10A of that Act;
consultation undertaken by the Minister that complies with section
9B of that Act is taken to comply with section 303FR of the Act.
20.09 Certain
trading in shells of native molluscs
Until 30 June 2003, to the extent that an operation
trades in specimens of shells of native molluscs declared to be controlled
specimens by the declaration made by the Minister on 3 June 1998, the operation is taken, for subregulation 9A.20 (4), to be an existing stocks operation.
Note The declaration was published in the
Gazette of 17 June 1998.
Schedule
1 Classes of actions not needing
assessment
(regulation 3.06)
1 Definition for Schedule 1
1.01 In this Schedule:
decision-maker, for a manner of assessment
specified in the bilateral agreement, means the relevant State or Territory
agency, authority or person who makes a decision under the specified State
process.
2 Assessment of relevant impacts
2.01 The specified manner of assessment includes
an assessment of the relevant impacts of the action.
3 Deciding on the assessment approach
3.01 This item applies if the specified manner
of assessment provides for the decision-maker to choose between assessment
approaches corresponding to assessment approaches mentioned in paragraph
3.02 (b) of the Regulations.
3.01A The decision-maker, in selecting an
assessment approach for an action, has information that he or she considers to
be sufficient to make the decision.
3.02 The decision-maker, in selecting an
assessment approach for an action, considers criteria equivalent to the
criteria that are:
(a) mentioned in any guidelines published under
subsection 87 (6) of the Act; and
(b) are relevant to the decision.
3.03 An action is assessed using an approach
corresponding to assessment on preliminary documentation under Division 4 of
Part 8 of the Act only if:
(a) the Minister has been given an opportunity
to ask that another assessment approach be used and the Minister has not done
so; or
(b) the Minister has agreed in writing that the
assessment approach be used.
4 Guidelines for assessment
4.01 For an assessment approach corresponding to
assessment by public environment report under Division 5 of Part 8 of the Act
or environmental impact statement under Division 6 of Part 8 of the Act:
(a) the decision-maker prepares written
guidelines for the assessment; or
(b) the guidelines for the assessment are those
prepared in writing by a State or Territory agency or authority for assessment
of all actions in the class of action for which the assessment is required.
4.02 The decision-maker seeks public comment, if
appropriate, on the guidelines before they are made.
4.03 The guidelines are designed to ensure that
the assessment:
(a) assesses all the relevant impacts of the
action; and
(b) provides enough information about the action
and its relevant impacts to allow the Minister to make an informed decision
whether to approve the action; and
(c) addresses the matters mentioned in Division 5.2
for an environmental impact statement or a public environment report.
4.04 For an assessment approach corresponding to
assessment by inquiry under Division 7 of Part 8 of the Act:
(a) persons are appointed to carry out the
inquiry; and
(b) the persons are given terms of reference to
ensure that the inquiry:
(i) assesses all relevant impacts of
the action; and
(ii) provides enough information about
the action and its relevant impacts for the Minister to make an informed
decision whether to approve the action; and
(c) the terms of reference are published; and
(d) the people appointed to conduct the inquiry
are independent and have sufficient power to investigate the action adequately;
and
(e) hearings held as part of the inquiry are
conducted in public except so far as the people appointed to conduct the
inquiry believe that it is in the public interest that all or part of the
hearings be held in private.
5 Public comment on draft documentation
5.01 For an assessment approach other than one
corresponding to assessment by inquiry under Division 7 of the Act, draft
assessment documentation is released for public comment for at least:
(a) for an assessment approach corresponding to
assessment on preliminary documentation under Division 4 of Part 8 of the
Act — 14 days; or
(b) for any other assessment approach — 28
days.
5.01A For an assessment approach corresponding to
assessment by public environment report under Division 5 of Part 8 of the Act
or environmental impact statement under Division 6 of Part 8 of the Act, the
assessment documentation made available to the public adequately addresses the
guidelines for the assessment.
5.02 Assessment documentation prepared after
public comments on draft assessment documentation have been considered
summarise, or take into account, the issues raised by the public.
5.03 For an assessment approach corresponding to
assessment by inquiry under Division 7 of the Act, hearings are held in public
unless the persons appointed to hold the inquiry direct otherwise in the public
interest or for reasons of commercial confidentiality.
6 Assessment and inquiry reports
6.01 Either:
(a) an assessment report is prepared for each
action that is assessed; or
(b) if an inquiry is held, the persons holding
the inquiry prepares an inquiry report.
6.02 The assessment report or inquiry report
takes into account:
(a) the information in the assessment
documentation; and
(b) any other relevant information available to
the decision-maker or inquiry.
6.03 An assessment report or an inquiry report
includes:
(a) a description
of:
(i) the action; and
(ii) the places affected by the action;
and
(iii) any matters of national
environmental significance that are likely to be affected by the action; and
(b) a summary of the relevant impacts of the
action; and
(c) a description of feasible mitigation
measures, changes to the action or procedures to prevent or minimise
environmental impacts on relevant matters of national environmental
significance proposed by the proponent or suggested in public submissions; and
(d) to the extent practicable, a description of
any feasible alternatives to the action that have been identified through the
assessment process, and their likely impact on matters of national
environmental significance; and
(e) a statement of conditions for approval of
the action that may be imposed to address identified impacts on matters of
national environmental significance; and
(f) a statement of State or Territory approval
requirements and conditions that apply, or are proposed to apply, to the action
when the report is prepared, including a description of the monitoring,
enforcement and review procedures that apply, or are proposed to apply, to the
action.
6.04 An assessment report is prepared by a State
or Territory or an agency of a State or Territory.
7 Advertising and consultation
7.01 This item applies to an invitation to the
public to comment on draft assessment documents or guidelines.
7.02 The invitation is published in newspapers
circulating generally in each State and self-governing Territory.
7.03 However, for an assessment approach
corresponding to assessment on preliminary documentation under Division 4 of
Part 8 of the Act, the invitation may be published instead on a website that
is:
(a) approved by the decision-maker; and
(b) linked to the Environment Australia website.
7.04 The invitation includes:
(a) a brief description of the action; and
(aa) the name of the action; and
(ab) the name of the person intending to take the
action; and
(ac) the name of the designated proponent (if this
is not the person intending to take the action); and
(b) the location of the action; and
(c) what matters are protected by a provision of
Part 3 of the Act; and
(d) how the relevant documents may be obtained;
and
(e) the deadline for public comments.
Schedule
2 Referral information
(regulation 4.03)
1 Contact
1.01 Name, postal
address and telephone number of:
(a) the person making the referral; and
(b) the person proposing to take the action (if
not the person mentioned in paragraph (a)).
2 Designated proponent
2.01 The
name of the person who should be designated as the proponent if the Minister
decides the action is a controlled action.
2.02 If the person making the referral states that a person
other than the person proposing to take the action should be designated as
proponent:
(a) the
proposed proponent’s name, postal address and telephone number; and
(b) a signed
agreement to the proposed designation by the proposed proponent and the person
proposing to take the action.
3 Whether the action is a controlled
action
3.01 If the
referral is made by the person proposing to take the action:
(a) whether the person thinks the action is a
controlled action; and
(b) the provisions of the Act that the person
believes are controlling provisions for the action; and
(c) why the person thinks the action is or is
not a controlled action.
4 Description of the proposal
4.01 A description of the proposed action, including:
(a) details
of the location of the project area;
(b) the
latitude and longitude of the action;
(c) the
timeframe in which the action is proposed to be taken;
(d) activities
proposed to be carried out in the action;
(e) an
explanation of the context, including any relevant planning framework, in which
the action is proposed;
(f) whether
the action is related to other actions or proposals in the region.
5 Nature and extent of the likely impacts
of the action
5.01 A
description of the affected area that refers, as appropriate, to relevant maps.
5.02 The nature and extent of likely impacts on any of:
(a) the
World Heritage values of a World Heritage property;
(aa) the National Heritage values of a National
Heritage place;
(b) the
ecological character of a Ramsar wetland;
(c) the
members of a listed threatened species (except a conservation dependent
species) or any threatened ecological community, or their habitat;
(d) the
members of a listed migratory species or their habitat;
(e) part of
the Commonwealth marine area;
(f) Commonwealth
land.
5.03 The nature and extent of the likely impact on the
environment, and whether the action is:
(a) a
nuclear action; or
(b) an action
by the Commonwealth or a Commonwealth agency; or
(c) to be taken
in a Commonwealth marine area; or
(d) to be
taken on Commonwealth land.
5.04 A map of the
affected area on which the following features (if relevant) are marked:
(a) the
location of the action;
(b) the
approximate boundary of the areas and habitat mentioned in item 5.02;
(c) to the
extent practicable and relevant, the information mentioned in item 5.06.
5.05 A description of important features of the project area and
the affected area, including (if relevant to the project area or affected area)
information about:
(a) soil and
vegetation characteristics;
(b) water
flows, including rivers, creeks and impoundments;
(c) the
presence of outstanding natural features, including caves;
(d) gradient;
(e) any
buildings or other infrastructure;
(f) any
marine areas;
(g) kinds of
fauna in the area; and
(h) the
current state of the environment in the area, including information about the extent of erosion,
whether the area is infested with weeds or feral animals and whether the area
is covered by native vegetation or crops.
5.06 Whether
the project area is held under freehold, leasehold or any other tenure.
5.07 Current
or proposed land uses for the project area.
6 Information sources
6.01 For information given under item 5:
(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.
Schedule
3 Preliminary information
(regulation 5.03)
Part 1 General requirements
1 Contact
1.01 Name, postal
address and telephone number of:
(a) the person taking the action; and
(b) the designated proponent (if not the person
mentioned in paragraph (a)); and
(c) the agent of the designated proponent (if
applicable).
2 Information in the referral
2.01 If the preliminary information is given after the
Minister has decided whether the action requires approval or after an
application is made for a permit in relation to whales, dolphins or porpoises:
(a) the referral reference number recorded on
the notice of the decision or a copy of the notice; and
(b) whether
any of the information given under regulation 4.03 or 17.01 needs to be revised or updated and, if so, details of the changes; and
(c) whether
the person giving the preliminary information wants to give any further
information to the information given in the referral or permit application and,
if so, the further information.
3 Assessments under State or Territory
legislation
3.01 Details of any environmental assessment of relevant impacts
of the action that has been, is being or will be carried out under State or
Territory legislation, including:
(a) copies
of assessment documentation, including documents, prepared by the person
proposing to take the action or a government agency, that describe the impacts
of the action or how the impacts are to be managed; and
(b) a
description of any public consultation occurring, or to occur, during the State
assessment process; and
(c) copies
of documents recording the outcomes of the consultations.
4 Other
sources of information on the relevant impacts and their management
4.01 Details
of any environmental assessment of relevant impacts of the action (other than
an assessment mentioned in item 3) that has been, is being or will be carried
out, including:
(a) copies
of assessment documentation; and
(b) a
description of any public consultation occurring, or to occur, during the
assessment process; and
(c) copies
of documents recording the outcomes of the consultations.
4.02 Details
of any plan, program or strategy that provides for the action and the
management and mitigation of any relevant impacts of the action.
5 Need for an environmental impact
statement or public environment report
5.01 Whether
the person giving the preliminary information thinks that the relevant impacts
of the action should be assessed by an environmental impact statement or a
public environment report.
6 Alternatives
to the proposed action
6.01 A description of:
(a) any
options for how the proposed action may be taken; and
(b) any
feasible alternatives to the proposed action, including not taking the action;
and
(c) the
relative effect of the options and alternatives on the relevant impacts of the
action.
6.02 This
item does not apply if the person giving the preliminary information states
that the relevant impacts of the action should be assessed by an environmental
impact statement or a public environment report.
7 Mitigation
techniques to eliminate or reduce relevant impacts
7.01 Details
of measures that will be implemented to avoid or manage any relevant impacts of
the action including, if appropriate, evidence in the form of reports or
technical advice on the feasibility and effectiveness of the proposed measures.
7.02 This
item does not apply if the person giving the preliminary information states
that the relevant impacts of the action should be assessed by an environmental
impact statement or a public environment report.
8 Environmental
record of person proposing to take the action
8.01 Details of any proceedings under a Commonwealth, State or
Territory law for the protection of the environment or the conservation and
sustainable use of natural resources against:
(a) the
person proposing to take the action; and
(b) for an
action for which a person has applied for a permit, the person making the
application.
8.02 If the
person proposing to take the action is a corporation — details of the
corporation’s environmental policy and planning framework.
8.03 This
item does not apply if the person giving the preliminary information states
that the relevant impacts of the action should be assessed by an environmental
impact statement or a public environment report.
Part 2 Requirements for actions to which section 160 of the Act
applies
1 Description of the proposal
1.01 A description of the proposed action, including:
(a) details
of the location of the project area;
(b) the
timeframe in which the action is proposed to be taken;
(c) activities
proposed to be carried out in the action;
(d) an
explanation of the context, including any relevant planning framework, in which
the action is proposed;
(e) whether
the action is related to other actions or proposals in the region.
2 Area likely to be affected by the
action
2.01 A
description of the affected area that refers, as appropriate, to relevant maps.
2.02 A description of important features of the project area and
the affected area, including (if relevant to the project area or affected area)
information about:
(a) soil and
vegetation characteristics;
(b) water
flows, including rivers, creeks and impoundments;
(c) the
presence of outstanding natural features, including caves;
(d) gradient;
(e) any
buildings or other infrastructure;
(f) any
marine areas;
(g) kinds of
fauna in the area;
(h) the current
state of the environment in the area, including information about the extent of erosion,
whether the area is infested with weeds or feral animals and whether the area
is covered by native vegetation or crops.
2.03 Whether
the project area is held under freehold, leasehold or any other tenure.
2.04 Current
or proposed land uses for the project area.
3 Known likely impacts of action on the
environment
3.01 Whether the action is likely to have an
impact on the environment and, if so, the nature and extent of the likely
impact.
3.02 The
evidence and reasoning being relied on to support the conclusions about the
impact mentioned in subitem 3.01.
4 Part 1 information
4.01 The
information mentioned in items 3 to 8 of Part 1.
4.02 For
this Part, a reference in Part 1 to relevant impact is taken to
be a reference to an impact on the environment.
Schedule
4 Matters to be addressed by draft
public environment report and environmental impact statement
(regulation 5.04)
1 General information
1.01 The background
of the action including:
(a) the title of the action;
(b) the full name and postal address of the
designated proponent;
(c) a clear outline of the objective of the
action;
(d) the location of the action;
(e) the background to the development of the
action;
(f) how the action relates to any other actions
(of which the proponent should reasonably be aware) that have been, or are
being, taken or that have been approved in the region affected by the action;
(g) the current status of the action;
(h) the consequences of not proceeding with the
action.
2 Description
2.01 A
description of the action, including:
(a) all the components of the action;
(b) the precise location of any works to be
undertaken, structures to be built or elements of the action that may have
relevant impacts;
(c) how the works are to be undertaken and
design parameters for those aspects of the structures or elements of the action
that may have relevant impacts;
(d) relevant impacts of the action;
(e) proposed safeguards and mitigation measures
to deal with relevant impacts of the action;
(f) any other requirements for approval or
conditions that apply, or that the proponent reasonably believes are likely to
apply, to the proposed action;
(g) to the extent reasonably practicable, any
feasible alternatives to the action, including:
(i) if relevant, the alternative of
taking no action;
(ii) a comparative description of the
impacts of each alternative on the matters protected by the controlling
provisions for the action;
(iii) sufficient detail to make clear
why any alternative is preferred to another;
(h) any consultation about the action,
including:
(i) any consultation that has already
taken place;
(ii) proposed consultation about
relevant impacts of the action;
(iii) if there has been consultation
about the proposed action — any documented response to, or result of, the
consultation;
(i) identification of affected parties,
including a statement mentioning any communities that may be affected and
describing their views.
3 Relevant impacts
3.01 Information
given under paragraph 2.01 (d) must include:
(a) a description of the relevant impacts of the
action;
(b) a detailed assessment of the nature and
extent of the likely short term and long term relevant impacts;
(c) a statement whether any relevant impacts are
likely to be unknown, unpredictable or irreversible;
(d) analysis of the significance of the relevant
impacts;
(e) any technical data and other information
used or needed to make a detailed assessment of the relevant impacts.
4 Proposed safeguards and mitigation
measures
4.01 Information
given under paragraph 2.01 (e) must include:
(a) a description, and an assessment of the
expected or predicted effectiveness of, the mitigation measures;
(b) any statutory or policy basis for the
mitigation measures;
(c) the cost of the mitigation measures;
(d) an outline of an environmental management
plan that sets out the framework for continuing management, mitigation and
monitoring programs for the relevant impacts of the action, including any
provisions for independent environmental auditing;
(e) the name of the agency responsible for
endorsing or approving each mitigation measure or monitoring program;
(f) a consolidated list of mitigation measures
proposed to be undertaken to prevent, minimise or compensate for the relevant
impacts of the action, including mitigation measures proposed to be taken by
State governments, local governments or the proponent.
5 Other approvals and conditions
5.01 Information
given under paragraph 2.01 (f) must include:
(a) details of
any local or State government planning scheme, or plan or policy under any
local or State government planning system that deals with the proposed action,
including:
(i) what environmental assessment of
the proposed action has been, or is being, carried out under the scheme, plan
or policy;
(ii) how the scheme provides for the
prevention, minimisation and management of any relevant impacts;
(b) a description of any approval that has been
obtained from a State, Territory or Commonwealth agency or authority (other
than an approval under the Act), including any conditions that apply to the
action;
(c) a statement identifying any additional
approval that is required;
(d) a description of the monitoring, enforcement
and review procedures that apply, or are proposed to apply, to the action.
6 Environmental
record of person proposing to take the action
6.01 Details of any proceedings under a Commonwealth, State or
Territory law for the protection of the environment or the conservation and
sustainable use of natural resources against:
(a) the
person proposing to take the action; and
(b) for an
action for which a person has applied for a permit, the person making the
application.
6.02 If the
person proposing to take the action is a corporation — details of the
corporation’s environmental policy and planning framework.
7 Information sources
7.01 For information given
in a draft public environment report or environmental impact statement, the
draft 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.
Schedule
4A Export of CITES specimens
(regulation 9A.02)
1 Manufactured
product of Crocodylus porosus or Crocodylus johnstoni that is an
eligible commercial purpose export and is carried as part of personal
baggage
2 Moulted feathers
Schedule
4B Import of CITES specimens
(regulation 9A.03)
1 Manufactured
product of Crocodylus porosus or Crocodylus johnstoni that is an
eligible commercial purpose export, was exported in accordance with Schedule 4A
without a permit, and is carried as part of personal baggage
2 American ginseng (Panax quinquefolia)
harvested in the USA, carried as part of personal baggage
Schedule
5 Australian World Heritage management
principles
(regulation 10.01)
1 General principles
1.01 The primary purpose of management of
natural heritage and cultural heritage of a declared World Heritage property
must be, in accordance with Australia’s obligations under the World Heritage
Convention, to identify, protect, conserve, present, transmit to future
generations and, if appropriate, rehabilitate the World Heritage values of the
property.
1.02 The management should provide for public
consultation on decisions and actions that may have a significant impact on the
property.
1.03 The
management should make special provision, if appropriate, for the involvement
in managing the property of people who:
(a) have a particular interest in the property;
and
(b) may be affected by the management of the
property.
1.04 The management should provide for
continuing community and technical input in managing the property.
2 Management planning
2.01 At least 1 management plan should be
prepared for each declared World Heritage property.
2.02 A management
plan for a declared World Heritage property should:
(a) state the World Heritage values of the
property for which it is prepared; and
(b) include adequate processes for public
consultation on proposed elements of the plan; and
(c) state what must be done to ensure that the
World Heritage values of the property are identified, conserved, protected,
presented, transmitted to future generations and, if appropriate,
rehabilitated; and
(d) state mechanisms to deal with the impacts of
actions that individually or cumulatively degrade, or threaten to degrade, the
World Heritage values of the property; and
(e) provide that management actions for values,
that are not World Heritage values, are consistent with the management of the
World Heritage values of the property; and
(f) promote the integration of Commonwealth,
State or Territory and local government responsibilities for the property; and
(g) provide for continuing monitoring and
reporting on the state of the World Heritage values of the property; and
(h) be reviewed at intervals of not more than 7
years.
3 Environmental impact assessment and
approval
3.01 This principle applies to the assessment of
an action that is likely to have a significant impact on the World Heritage
values of a property (whether the action is to occur inside the property or
not).
3.02 Before the action is taken, the likely
impact of the action on the World Heritage values of the property should be
assessed under a statutory environmental impact assessment and approval
process.
3.03 The
assessment process should:
(a) identify the World Heritage values of the
property that are likely to be affected by the action; and
(b) examine how the World Heritage values of the
property might be affected; and
(c) provide for adequate opportunity for public
consultation.
3.04 An action should not be approved if it
would be inconsistent with the protection, conservation, presentation or
transmission to future generations of the World Heritage values of the
property.
3.05 Approval of the action should be subject to
conditions that are necessary to ensure protection, conservation, presentation
or transmission to future generations of the World Heritage values of the
property.
3.06 The action should be monitored by the
authority responsible for giving the approval (or another appropriate
authority) and, if necessary, enforcement action should be taken to ensure
compliance with the conditions of the approval.
Schedule
5A Management plans for National Heritage
places
(regulation 10.01C)
A
management plan must:
(a) establish objectives for the identification,
protection, conservation, presentation and transmission of the National Heritage
values of the place; and
(b) provide a management framework that includes
reference to any statutory requirements and agency mechanisms for the
protection of the National Heritage values of the place; and
(c) provide a comprehensive description of the place,
including information about its location, physical features, condition,
historical context and current uses; and
(d) provide a description of the National
Heritage values and any other heritage values of the place; and
(e) describe the condition of the National
Heritage values of the place; and
(f) describe the method used to assess the
National Heritage values of the place; and
(g) describe the current management requirements
and goals, including proposals for change and any potential pressures on the
National Heritage values of the place; and
(h) have policies to manage the National
Heritage values of a place, and include, in those policies, guidance in
relation to the following:
(i) the management and conservation
processes to be used;
(ii) the access and security
arrangements, including access to the area for indigenous people to maintain
cultural traditions;
(iii) the stakeholder and community
consultation and liaison arrangements;
(iv) the policies and protocols to
ensure that indigenous people participate in the management process;
(v) the protocols for the management of
sensitive information;
(vi) the planning and management of
works, development, adaptive reuse and property divestment proposals;
(vii) how unforeseen discoveries or disturbance
of heritage are to be managed;
(viii) how, and under what circumstances,
heritage advice is to be obtained;
(ix) how the condition of National
Heritage values is to be monitored and reported;
(x) how records of intervention and
maintenance of a heritage places register are kept;
(xi) the research, training and
resources needed to improve management;
(xii) how heritage values are to be
interpreted and promoted; and
(i) include an implementation plan; and
(j) show how the implementation of policies will
be monitored; and
(k) show how the management plan will be
reviewed.
Schedule
5B National Heritage management
principles
(regulation 10.01E)
1 The objective in managing National
Heritage places is to identify, protect, conserve, present and transmit, to all
generations, their National Heritage values.
2 The management of National Heritage
places should use the best available knowledge, skills and standards for those
places, and include ongoing technical and community input to decisions and
actions that may have a significant impact on their National Heritage values.
3 The management of National Heritage
places should respect all heritage values of the place and seek to integrate,
where appropriate, any Commonwealth, State, Territory and local government
responsibilities for those places.
4 The management of National Heritage
places should ensure that their use and presentation is consistent with the
conservation of their National Heritage values.
5 The management of National Heritage places
should make timely and appropriate provision for community involvement,
especially by people who:
(a) have a particular interest in, or
association with, the place; and
(b) may be affected by the management of the
place.
6 Indigenous people are the primary source
of information on the value of their heritage and the active participation of
indigenous people in identification, assessment and management is integral to
the effective protection of indigenous heritage values.
7 The management of National Heritage
places should provide for regular monitoring, review and reporting on the
conservation of National Heritage values.
Schedule
6 Managing wetlands of international
importance
(regulation 10.02)
1 General principles
1.01 The primary
purpose of management of a declared Ramsar wetland must be, in accordance with
the Ramsar Convention:
(a) to describe and maintain the ecological
character of the wetland; and
(b) to formulate
and implement planning that promotes:
(i) conservation of the wetland; and
(ii) wise and sustainable use of the
wetland for the benefit of humanity in a way that is compatible with
maintenance of the natural properties of the ecosystem.
1.02 Wetland management should provide for
public consultation on decisions and actions that may have a significant impact
on the wetland.
1.03 Wetland
management should make special provision, if appropriate, for the involvement
of people who:
(a) have a particular interest in the wetland;
and
(b) may be affected by the management of the
wetland.
1.04 Wetland management should provide for
continuing community and technical input.
2 Management planning
2.01 At least 1 management plan should be
prepared for each declared Ramsar wetland.
2.02 A management
plan for a declared Ramsar wetland should:
(a) describe its ecological character; and
(b) state the characteristics that make it a
wetland of international importance under the Ramsar Convention; and
(c) state what must be done to maintain its
ecological character; and
(d) promote its conservation and sustainable use
for the benefit of humanity in a way that is compatible with maintenance of the
natural properties of the ecosystem; and
(e) state
mechanisms to deal with the impacts of actions that individually or
cumulatively endanger its ecological character, including risks arising from:
(i) physical loss, modification or
encroachment on the wetland; or
(ii) loss of biodiversity; or
(iii) pollution and nutrient input; or
(iv) changes to water regimes; or
(v) utilisation of resources; or
(vi) introduction of invasive species;
and
(f) state whether the wetland needs restoration
or rehabilitation; and
(g) if restoration or rehabilitation is
needed — explain how the plan provides for restoration or rehabilitation;
and
(h) provide for continuing monitoring and
reporting on the state of its ecological character; and
(i) be based on an integrated catchment
management approach; and
(j) include adequate processes for public
consultation on the elements of the plan; and
(k) be reviewed at intervals of not more than 7
years.
3 Environmental impact assessment and
approval
3.01 This principle applies to the assessment of
an action that is likely to have a significant impact on the ecological
character of a Ramsar wetland (whether the action is to occur inside the
wetland or not).
3.02 Before the action is taken, the likely
environmental impact of the action on the wetland’s ecological character should
be assessed under a statutory environmental impact assessment and approval
process.
3.03 The
assessment process should:
(a) identify any part of the ecological
character of the wetland that is likely to be affected by the action; and
(b) examine how the ecological character of the
wetland might be affected; and
(c) provide adequate opportunity for public
consultation.
3.04 An action
should not be approved if it would be inconsistent with:
(a) maintaining the ecological character of the
wetland; or
(b) providing for the conservation and
sustainable use of the wetland.
3.05 Approval of the action should be subject to
conditions, if necessary, to ensure that the ecological character of the
wetland is maintained.
3.06 The action should be monitored by the
authority responsible for giving the approval (or another appropriate
authority) and, if necessary, enforcement action should be taken to ensure
compliance with the conditions.
Schedule
7 Australian Biosphere reserve
management principles
(regulation 10.03)
1 Management principles
1.01 A management plan should be prepared for
each Biosphere reserve.
1.02 A management
plan for a Biosphere reserve should state:
(a) the values for which the reserve is
established; and
(b) the extent of the reserve; and
(c) any zoning
that provides for the following functions:
(i) conserving genetic resources,
species, ecosystems and landscapes;
(ii) fostering sustainable economic and
human development;
(iii) supporting demonstration
projects, environmental education and training, and research and monitoring
related to local, national and global issues of conservation and sustainable
development; and
(d) the role of the reserve in contributing to a
national coverage of ecological systems representative of major bioregions;
(e) the
strategies for biodiversity conservation in the reserve, including those that:
(i) protect it from disturbance and
threatening processes; and
(ii) minimise potential adverse effects
on its natural, cultural and social environment and surrounding communities;
and
(f) how
the plan will provide for:
(i) exploring and demonstrating
approaches to sustainable development on a regional scale; and
(ii) ensuring
that the health, diversity and productivity of the environment in the biosphere
reserve are maintained or enhanced for the benefit of future generations; and
(iii) ensuring that decision-making is
consistent with the precautionary principle; and
(iv) setting out an appropriate policy
and management framework; and
(v) programs for research, monitoring,
education and training.
1.03 A management plan for a Biosphere reserve
should provide for public consultation about planning for, and proposed actions
in, the Biosphere reserve.
Schedule
7A Management plans for Commonwealth
Heritage places
(regulation 10.03B)
A
management plan must:
(a) establish objectives for the identification,
protection, conservation, presentation and transmission of the Commonwealth
Heritage values of the place; and
(b) provide a management framework that includes
reference to any statutory requirements and agency mechanisms for the protection
of the Commonwealth Heritage values of the place; and
(c) provide a comprehensive description of the
place, including information about its location, physical features, condition,
historical context and current uses; and
(d) provide a description of the Commonwealth
Heritage values and any other heritage values of the place; and
(e) describe the condition of the Commonwealth
Heritage values of the place; and
(f) describe the method used to assess the
Commonwealth Heritage values of the place; and
(g) describe the current management requirements
and goals, including proposals for change and any potential pressures on the
Commonwealth Heritage values of the place; and
(h) have policies to manage the Commonwealth
Heritage values of a place, and include in those policies, guidance in relation
to the following:
(i) the management and conservation
processes to be used;
(ii) the access and security
arrangements, including access to the area for indigenous people to maintain
cultural traditions;
(iii) the stakeholder and community
consultation and liaison arrangements;
(iv) the policies and protocols to
ensure that indigenous people participate in the management process;
(v) the protocols for the management of
sensitive information;
(vi) the planning and management of
works, development, adaptive reuse and property divestment proposals;
(vii) how unforeseen discoveries or
disturbance of heritage are to be managed;
(viii) how, and under what circumstances,
heritage advice is to be obtained;
(ix) how the condition of Commonwealth
Heritage values is to be monitored and reported;
(x) how records of intervention and
maintenance of a heritage places register are kept;
(xi) the research, training and
resources needed to improve management;
(xii) how heritage values are to be
interpreted and promoted; and
(i) include an implementation plan; and
(j) show how the implementation of policies will
be monitored; and
(k) show how the management plan will be
reviewed.
Schedule
7B Commonwealth Heritage management
principles
(regulation 10.03D)
1 The objective in managing Commonwealth
Heritage places is to identify, protect, conserve, present and transmit, to all
generations, their Commonwealth Heritage values.
2 The management of Commonwealth Heritage
places should use the best available knowledge, skills and standards for those
places, and include ongoing technical and community input to decisions and
actions that may have a significant impact on their Commonwealth Heritage
values.
3 The management of Commonwealth Heritage
places should respect all heritage values of the place and seek to integrate,
where appropriate, any Commonwealth, State, Territory and local government
responsibilities for those places.
4 The management of Commonwealth Heritage
places should ensure that their use and presentation is consistent with the
conservation of their Commonwealth Heritage values.
5 The
management of Commonwealth Heritage places should make timely and appropriate
provision for community involvement, especially by people who:
(a) have a particular interest in, or
associations with, the place; and
(b) may be affected by the management of the
place;
6 Indigenous people are the primary source
of information on the value of their heritage and that the active participation
of indigenous people in identification, assessment and management is integral
to the effective protection of indigenous heritage values.
7 The management of Commonwealth Heritage
places should provide for regular monitoring, review and reporting on the
conservation of Commonwealth Heritage values.
Schedule
7C Heritage strategies
(regulation 10.03E)
1 A strategy
must include general matters, including the following:
(a) a statement of the agency’s objective for management
of its heritage places;
(b) a description of how the heritage strategy
operates within the agency’s corporate planning framework;
(c) a list of key positions within the agency,
the holders of which are responsible for heritage matters;
(d) an outline of a process for consultation and
liaison with other government agencies on heritage matters;
(e) an outline of a process for consultation and
liaison with the community on heritage matters, including, in particular, a
process for consultation and liaison with indigenous stakeholders on indigenous
heritage matters;
(f) an outline of a process for resolution of
conflict arising from the assessment and management of Commonwealth Heritage
values;
(g) an outline of processes for monitoring,
reviewing and reporting on the implementation of an agency’s heritage strategy.
2 A strategy
must include matters relating to the identification and assessment of
Commonwealth Heritage values, including the following:
(a) an outline of the process for identifying
and assessing the Commonwealth Heritage values of all agency property;
(b) a statement of the time-frames for the
completion of:
(i) the agency’s heritage
identification and assessment program; and
(ii) the agency’s register of places
and their Commonwealth Heritage values; and
(iii) the agency’s report to the
Minister, that includes details of the program and a copy of the register.
3 A strategy
must include matters relating to the management of Commonwealth Heritage values,
including the following:
(a) a description of how the agency’s heritage
places register will be maintained, updated and made accessible to the public;
(b) a statement of the time frame for the
preparation of management plans for the agency’s Commonwealth Heritage places;
(c) an outline of the existing use, by the
agency, of places with Commonwealth Heritage values;
(d) an outline of current or expected
development, works, disposal or other proposals that may affect Commonwealth
Heritage values;
(e) an outline of the process to ensure that
Commonwealth Heritage values are considered in the agency’s planning for future
development, works, divestment or other proposals;
(f) a plan and budget for the maintenance and
long-term conservation of Commonwealth Heritage values;
(g) an outline of the process by which the success
of the agency in conserving Commonwealth Heritage values will be monitored and
reviewed.
4 A strategy
must include matters relating to Commonwealth Heritage training and promotion,
including the following:
(a) a program for the training of agency staff
about Commonwealth heritage obligations and best practice heritage management;
(b) a program for promoting community awareness
of Commonwealth Heritage values, as appropriate.
Schedule
8 Australian IUCN reserve management
principles
(regulation 10.04)
Part 1 General administrative principles
1 Community participation
Management arrangements should, to the
extent practicable, provide for broad and meaningful participation by the
community, public organisations and private interests in designing and carrying
out the functions of the reserve or zone.
2 Effective and adaptive management
Management arrangements should be
effective and appropriate to the biodiversity objectives and the socio-economic
context of the reserve or zone. They should be adaptive in character to ensure
a capacity to respond to uncertainty and change.
3 Precautionary principle
A lack of full scientific certainty
should not be used as a reason for postponing measures to prevent degradation
of the natural and cultural heritage of a reserve or zone where there is a
threat of serious or irreversible damage.
4 Minimum impact
The integrity of a reserve or zone is
best conserved by protecting it from disturbance and threatening processes.
Potential adverse impacts on the natural, cultural and social environment and
surrounding communities should be minimised as far as practicable.
5 Ecologically sustainable use
If
resource use is consistent with the management principles that apply to a
reserve or zone, it should (if it is carried out) be based on the principle
(the principle of ecologically sustainable use) that:
(a) natural resources should only be used within
their capacity to sustain natural processes while maintaining the life-support
systems of nature; and
(b) the benefit of the use to the present
generation should not diminish the potential of the reserve or zone to meet the
needs and aspirations of future generations.
6 Transparency of decision-making
The framework and processes for
decision-making for management of the reserve or zone should be transparent.
The reasons for making decisions should be publicly available, except to the
extent that information, including information that is culturally sensitive or
commercial-in-confidence, needs to be treated as confidential.
7 Joint management
If the reserve or zone is wholly or
partly owned, by Aboriginal people, continuing traditional use of the reserve
or zone by resident indigenous people, including the protection and maintenance
of cultural heritage, should be recognised.
Part 2 Principles for each IUCN category
1 Strict nature reserve
Note This category corresponds to the
International Union for the Conservation of Nature (IUCN)
protected area management category Ia.
1.01 The reserve or zone should be managed primarily
for scientific research or environmental monitoring based on the following
principles.
1.02 Habitats, ecosystems and native species
should be preserved in as undisturbed a state as possible.
1.03 Genetic resources should be maintained in a
dynamic and evolutionary state.
1.04 Established ecological processes should be
maintained.
1.05 Structural landscape features or rock
exposures should be safeguarded.
1.06 Examples of the natural environment should
be secured for scientific studies, environmental monitoring and education,
including baseline areas from which all avoidable access is excluded.
1.07 Disturbance should be minimised by careful
planning and execution of research and other approved activities.
1.08 Public access should be limited to the
extent it is consistent with these principles.
2 Wilderness area
Note This category corresponds to the
IUCN protected area management category Ib.
2.01 The reserve or zone should be protected and
managed to preserve its unmodified condition based on the following principles.
2.02 Future generations should have the
opportunity to experience, understand and enjoy reserves or zones that have
been largely undisturbed by human action over a long period of time.
2.03 The essential attributes and qualities of
the environment should be maintained over the long term.
2.04 Public access should be provided at levels
and of a type that will best serve the physical and spiritual well-being of
visitors and maintain the wilderness qualities of the reserve or zone for
present and future generations.
2.05 Indigenous human communities living at low
density and in balance with the available resources should be able to maintain
their lifestyle.
3 National park
Note This category corresponds to the
IUCN protected area management category II.
3.01 The reserve or zone should be protected and
managed to preserve its natural condition according to the following
principles.
3.02 Natural and scenic areas of national and
international significance should be protected for spiritual, scientific,
educational, recreational or tourist purposes.
3.03 Representative examples of physiographic
regions, biotic communities, genetic resources, and native species should be
perpetuated in as natural a state as possible to provide ecological stability
and diversity.
3.04 Visitor use should be managed for
inspirational, educational, cultural and recreational purposes at a level that
will maintain the reserve or zone in a natural or near natural state.
3.05 Management should
seek to ensure that exploitation or occupation inconsistent with these
principles does not occur.
3.06 Respect should be
maintained for the ecological, geomorphologic, sacred and aesthetic attributes
for which the reserve or zone was assigned to this category.
3.07 The needs of
indigenous people should be taken into account, including subsistence resource
use, to the extent that they do not conflict with these principles.
3.08 The aspirations
of traditional owners of land within the reserve or zone, their continuing land
management practices, the protection and maintenance of cultural heritage and
the benefit the traditional owners derive from enterprises, established in the
reserve or zone, consistent with these principles should be recognised and
taken into account.
4 Natural monument
Note This category corresponds to the
IUCN protected area management category III.
4.01 The reserve or zone should be protected and
managed to preserve its natural or cultural features based on the following
principles.
4.02 Specific outstanding natural features
should be protected or preserved in perpetuity because of their natural
significance, unique or representational quality or spiritual connotations.
4.03 Opportunities for research, education,
interpretation and public appreciation should be provided to an extent
consistent with these principles.
4.04 Management should seek to ensure that
exploitation or occupation inconsistent with these
principles does not occur.
4.05 People with rights or interests in the
reserve or zone should be entitled to benefits derived from activities in the
reserve or zone that are consistent with these principles.
5 Habitat/species management area
Note This category corresponds to the
IUCN protected area management category IV.
5.01 The reserve or zone should be managed
primarily, including (if necessary) through active intervention, to ensure the
maintenance of habitats or to meet the requirements of collections or specific
species based on the following principles.
5.02 Habitat conditions necessary to protect
significant species, groups or collections of species, biotic communities or
physical features of the environment should be secured and maintained, if
necessary through specific human manipulation.
5.03 Scientific research and environmental
monitoring that contribute to reserve management should be facilitated as
primary activities associated with sustainable resource management.
5.04 The reserve or zone may be developed for
public education and appreciation of the characteristics of habitats, species
or collections and of the work of wildlife management.
5.05 Management should
seek to ensure that exploitation or occupation inconsistent with these
principles does not occur.
5.06 People
with rights or interests in the reserve or zone should be entitled to benefits
derived from activities in the reserve or zone that are consistent with these
principles.
5.07 If the reserve or
zone is declared for the purpose of a botanic garden, it should also be
managed for the increase of knowledge, appreciation and enjoyment of Australia’s
plant heritage by establishing, as an integrated resource, a collection of
living and herbarium specimens of Australian and related plants for study,
interpretation, conservation and display.
6 Protected landscape/seascape
Note This category corresponds to the
IUCN protected area management category V.
6.01 The reserve or zone should be managed to
safeguard the integrity of the traditional interactions between people and
nature based on the following principles.
6.02 The harmonious interaction of nature and
culture should be maintained through the protection of landscape or seascape
and the continuation of traditional uses, building practices and social and
cultural manifestations.
6.03 Lifestyles and economic activities that are
in harmony with nature, and the preservation of the social and cultural fabric
of the communities in the reserve or zone concerned should be supported.
6.04 The diversity of landscape, seascape and
habitat, and of associated species and ecosystems, should be maintained.
6.05 Land and sea uses and activities that are
inappropriate in scale or character should not occur.
6.06 Opportunities for public enjoyment should
be provided through recreation and tourism appropriate in type and scale to the
essential qualities of the reserve or zone.
6.07 Scientific and educational activities, that
will contribute to the long-term well-being of resident populations and to the
development of public support for the environmental protection of similar areas,
should be encouraged.
6.08 Benefits to the local community, and
contributions to its well-being, through the provision of natural products and
services should be sought and promoted if they are consistent with these
principles.
7 Managed resource protected area
Note This category corresponds to the
IUCN protected area management category VI.
7.01 The reserve or zone should be managed
mainly for the sustainable use of natural ecosystems based on the following
principles.
7.02 The biological diversity and other natural
values of the reserve or zone should be protected and maintained in the long
term.
7.03 Management practices should be applied to
ensure ecologically sustainable use of the reserve or zone.
7.04 Management of the reserve or zone should
contribute to regional and national development to the extent that this is
consistent with these principles.
Schedule
9 Routes in Kakadu National Park
(regulation 11.06)
Part 1 Transportation routes
1 The route followed by the Arnhem Highway
from the western boundary of Kakadu National Park to the boundary of the land
described in Schedule 2 to the Aboriginal Land Rights (Northern
Territory) Act 1976
2 The route followed by the Kakadu Highway
from the line joining the intersection of latitude 13o 14′
49″ south with longitude 132o 19′ 43″ east and the
intersection of latitude
13o 17′ 34″ south with longitude 132o
22′ 44″ east to the Arnhem Highway in Kakadu National Park
3 The route followed by the Oenpelli Road
from the line joining the intersection of latitude 12o 30′
10″ south with longitude 132o 51′ 40″ east and the
intersection of latitude 12o 36′ south with longitude 132o
55′ east to the Arnhem Highway
4 The route followed by the Oenpelli Road
from the line joining the intersection of latitude 12o 29′
south with longitude
132o 52′ 22″ east and the intersection of latitude 12o
29′ south with longitude 132o 55′ east to the
north-eastern boundary of Kakadu National Park at Cahill’s Crossing
5 The route followed by the Old Darwin Road
from the western boundary of Kakadu National Park to the Kakadu Highway
6 The route followed by the road that
intersects the Kakadu Highway near Nourlangie Creek from that intersection to
the boundary of the land described in paragraph (b) of Part I of the Schedule
to the Proclamation under subsection 7 (2) of the National Parks and
Wildlife Conservation Act 1975 published in the Gazette on 5 April
1979
7 The air
route, within Kakadu National Park, normally followed by an aircraft travelling
between Jabiru Airstrip in the area described in Schedule 2 to the Aboriginal
Land Rights (Northern Territory) Act 1976 and
any of the following locations:
(a) Baroalba Airstrip;
(b) Batchelor;
(c) Darwin;
(d) Katherine;
(e) Nabarlek;
(f) Oenpelli;
(g) Pine Creek
8 The air
route, within Kakadu National Park, normally followed by an aircraft travelling
between Baroalba Airstrip in Kakadu National Park and any of the following
locations:
(a) Batchelor;
(b) Darwin;
(c) Katherine;
(d) Nabarlek;
(e) Oenpelli;
(f) Pine Creek
9 The route followed by the Kakadu Highway
from the western boundary of Kakadu National Park at the Mary River to the line
joining the intersection of latitude 13o 31′ 33″ south
with longitude 132o 13′ 43″ east and the intersection of
latitude
13o 33′ 46″ south with longitude 132o
17′ 34″ east
10 The route followed by the Gimbat Road from
the line joining the intersection of latitude 13o 29′
30″ south with longitude 132o 24′ 49″ east and the
intersection of latitude 13o 32′ 32″ south with
longitude 132o 30′ 03″ east to the line joining the
intersection of latitude 13o 30′ 49″ south with
longitude
132o 19′ 49″ east and the intersection of latitude 13o
31′ 39″ south with longitude 132o 22′ 01″
east
11 The route followed by a road from its
intersection with the Oenpelli Road near the intersection of latitude 12o
35′ 38″ south with longitude 132o 51′ 45″
east to Mudginberri
12 The water route followed by a vessel
travelling between Mudginberri and that part of the boundary of the Jabiluka
Project Area that follows the line joining the intersection of latitude 12o
30′ 10″ south with longitude 132o 51′ 40″
east and the intersection of latitude 12o 36′ south with
longitude
132o 55′ east
13 The air
route followed by an aircraft travelling between Fisher Landing Ground and any
of the following locations:
(a) Darwin;
(b) Jabiru;
(c) Katherine;
(d) Pine Creek
Part 2 Pipeline and power line routes
1 The route followed on 21 May 1987 by the pipeline between the borefield at Nanambu Creek and Jabiru
2 The route followed on 21 May 1987 by the power line between the borefield at Nanambu Creek and Jabiru
3 The route followed on 21 May 1987 by the power line between the land described in Schedule 2 to the Aboriginal Land
Rights (Northern Territory) Act 1976 and Jabiru
Schedule
10 Infringement notice offences
(regulation 14.02)
|
Item
|
Regulation
|
|
1
|
12.14 (Dumping of waste,
littering etc)
|
|
2
|
12.28 (Camping)
|
|
3
|
12.29 (Failing to comply with directions about camping)
|
|
4
|
12.43 (Speed limits and one-way traffic)
|
|
5
|
12.44 (Parking and stopping)
|
|
6
|
12.48 (Parking permits and parking vouchers)
|
|
7
|
12.50 (Interference with parking permits or parking
vouchers)
|
|
8
|
12.51 (Abuse of voucher machines)
|
|
9
|
12.52 (Unauthorised installation of voucher machines)
|
|
10
|
12.54 (Vehicles to stop as required)
|
|
11
|
12.55 (Walking on roads or marked tracks)
|
Schedule
11 Permit fees
(regulation 18.02)
|
|
|
Fee
|
|
Item
|
Activity
|
Administration component
|
Assessment component
|
Management component
|
|
Part 1 Paragraph 17.01 (a)
|
|
1.01
|
Action to which paragraph
201 (3) (a), (c) or (d) of the Act applies
|
$100
|
nil
|
nil
|
|
1.02
|
Action to which paragraph
201 (3) (b) of the Act applies
|
$100
|
nil
|
nil
|
|
1.03
|
Action to which subsection
216 (3) of the Act applies
|
nil
|
nil
|
nil
|
|
1.04
|
Action to which subsection
258 (3) of the Act applies
|
nil
|
nil
|
nil
|
|
|
Cetaceans:
|
|
1.05
|
Action to contribute
significantly to conservation of cetaceans, eg scientific research (not
involving kill, injure, take, trade, keep or move species)
|
$25
|
nil
|
nil
|
|
1.06
|
Action that will interfere
with cetaceans, but interference is incidental to, and not the purpose of,
taking the action, eg commercial filming, defence, offshore exploration
|
nil
|
nil
|
nil
|
|
1.07
|
Whale watching
|
nil
|
nil
|
nil
|
|
Part 1A Paragraph 17.01 (aa)
|
|
1A.01
|
Action to which subsection 303CG (2) of the Act applies,
involving:
|
|
|
|
|
|
(a) export or
re-export of a manufactured CITES II specimen as a personal or household
effect
|
$1
|
nil
|
nil
|
|
|
(b) 1 action, other
than described in paragraph (a), (d) or (e)
|
$30
|
nil
|
nil
|
|
|
(c) more than 1 action
|
$75 each 6 months
|
nil
|
nil
|
|
|
(d) export of a household pet in accordance with
section 303FG of the Act
|
$150
|
nil
|
nil
|
|
|
(e) import or export of a live specimen, if the Act
requires assessment of conditions applicable to welfare of the specimen and
conditions not previously assessed
|
$150
|
nil
|
nil
|
|
1A.02
|
Action to which subsection
303DG (2) of the Act applies, involving:
|
|
|
|
|
|
(a) multiple export
of non‑living specimens of species of Macropus or Thylogale
|
$75 each 6 months and $60 each expected export
|
nil
|
nil
|
|
|
(b) 1 action, other than described in paragraph
(d) or (e)
|
$30
|
nil
|
nil
|
|
|
(c) more than 1 action, other than described in
paragraph (a)
|
$75 each 6 months
|
nil
|
nil
|
|
|
(d) export of a household pet in accordance with
section 303FG of the Act
|
$150
|
nil
|
nil
|
|
|
(e) import or export of live specimen, if the Act
requires assessment of conditions applicable to welfare of the specimen and
conditions not previously assessed
|
$150
|
nil
|
nil
|
|
1A.03
|
Action to which subsection
303EN (2) of the Act applies, involving:
|
|
|
|
|
|
(a) 1 action, other than described in
paragraph (c)
|
$30
|
nil
|
nil
|
|
|
(b) more than 1 action
|
$75 each 6 months
|
nil
|
nil
|
|
|
(c) import or export
of a live specimen, if the Act requires assessment of conditions
applicable to welfare of the specimen and conditions not previously assessed
|
$150
|
nil
|
nil
|
|
1A.04
|
Action to which subsection
303GB (2) of the Act applies
|
$150
|
nil
|
nil
|
|
1A.05
|
Action to which subsection
303GC (3) of the Act applies
|
nil
|
nil
|
nil
|
|
1A.06
|
Action to which subsection
303GD (6) of the Act applies
|
$150
|
nil
|
nil
|
|
Part 2 Paragraph 17.01 (b)
|
|
2.01
|
Kill, injure
|
nil
|
nil
|
nil
|
|
2.02
|
Damage, destroy
|
nil
|
nil
|
nil
|
|
2.03
|
Take
|
nil
|
nil
|
nil
|
|
Part 3 Paragraph 17.01 (c)
|
|
3.01
|
An activity to which
regulation 12.10 applies
|
nil
|
nil
|
nil
|
|
3.02
|
An activity to which
regulation 12.12, 12.13, 12.15, 12.16 or 12.17 applies
|
nil
|
nil
|
nil
|
|
3.03
|
An activity to which regulation 12.18, 12.19, 12.20, 12.27, 12.31, 12.32,
12.33 or 12.39 applies
|
nil
|
nil
|
nil
|
|
3.04
|
An
activity to which regulation 12.23,
12.26, 12.41, 12.56 or 12.58 applies
|
nil
|
nil
|
nil
|
|
3.05
|
An activity to which
regulation 12.24 applies, involving:
|
|
|
|
|
|
(a) still
photography, painting or audio in:
|
|
|
|
|
|
(i) Kakadu National Park,
Christmas Island National
Park or Cocos (Keeling) National Park
|
$30
|
nil
|
nil
|
|
|
(ii) Uluru Kata Tjuta National Park
|
$20
each day
|
nil
|
nil
|
|
|
(iii) Booderee National
Park
|
$10
|
nil
|
nil
|
|
|
(b) commercial filming in any of those
National Parks
|
$250 each day
|
nil
|
nil
|
|
3.06
|
An activity to which
regulation 12.36 applies involving:
|
|
|
|
|
|
(a) in
Kakadu National Park:
|
|
|
|
|
|
(i) up
to 4 trips each year, not covered by another subparagraph
|
$100
each year
|
nil
|
nil
|
|
|
(ii) more than 4 trips each year, not
covered by another subparagraph
|
$500 each year
|
nil
|
nil
|
|
|
(iii) sports
fishing for up to 50 days
|
$200
each year
|
nil
|
nil
|
|
|
(iv) sports
fishing for more than 50 days and up to 75 days
|
$300
each year
|
nil
|
nil
|
|
|
(v) sports
fishing for more than 75 days and up to 100 days
|
$400
each year
|
nil
|
nil
|
|
|
(vi) sports
fishing for more than 100 days and up to 125 days
|
$500
each year
|
nil
|
nil
|
|
|
(vii) operating
a safari camp
|
$500
each year
|
nil
|
nil
|
|
|
(viii) touring
Koolpin Gorge on a scheduled or chartered tour
|
$500
each year
|
nil
|
nil
|
|
|
(ix) using canoes at Twin Falls
|
$500 each year
|
nil
|
nil
|
|
|
(x) bushwalking
tour, up to 4 trips each year
|
$100 each year
|
nil
|
nil
|
|
|
(xi) bushwalking
tour, more than 4 trips each year
|
$500
each year
|
nil
|
nil
|
|
|
(b) in
Uluru Kata Tjuta National
Park:
|
|
|
|
|
|
(i) up
to 4 trips each year
|
$100
each year
|
nil
|
nil
|
|
|
(ii) more
than 4 trips each year
|
$500
each year
|
nil
|
nil
|
|
|
(c) in
Booderee National Park:
|
|
|
|
|
|
(i) commercial
fishing
|
$50
each year
|
nil
|
nil
|
|
|
(ii) any
other circumstances
|
$50
each year
|
nil
|
nil
|
|
|
(d) any
circumstances in Christmas Island National
Park or Cocos (Keeling) National Park
|
$50
each year
|
nil
|
nil
|
|
3.07
|
An activity to which
regulation 12.38 applies
|
nil
|
nil
|
nil
|
|
3.08
|
An activity to which
regulation 12.40 applies
|
nil
|
nil
|
nil
|
|
Part 4 Regulations 17.09 and 17.11
|
|
4.01
|
Transfer of permit,
variation or revocation of a condition
|
nil
|
nil
|
nil
|
|
4.02
|
Imposition of further
condition, sought by holder of permit
|
nil
|
nil
|
nil
|
Schedule
12 Protected species
(Dictionary, definition of protected species,
paragraph (b))
1 A species for which a member of the
species is:
(a) in the Christmas Islands Territory in an
area of
(i) primary
rainforest; or
(ii) marginal
rainforest; or
(iii) open
forest, scrubby forest, and vine forest; or
(iv) coastal
fringe; or
(v) shore
cliffs and spray zone;
as defined in Du Puy, DJ, 1993 Christmas
Island, in Flora of Australia, Volume 50, Oceanic Islands 2, Australian
Government Publishing Service, Canberra; or
(b) in the Cocos (Keeling) Territory on the land
above the high water mark on Horsburgh Island (Pulu Luar) or South Island (Pulu
Atas), other than a fruit or leaf of the species Cocos nucifera (coconut);
or
(c) in the Territory of Cocos (Keeling) Islands
in the area known as the Rip as defined in a declaration, dated
16 October 1992, made under subregulation 48 (1) of the National
Parks and Wildlife Regulations, gazetted on 22 October 1992.
2 A species in the following classes:
(a) Mammalia (mammals);
(b) Aves (birds);
(c) Reptilia (reptiles);
(d) Amphibia (amphibians).
3 A species in the following families:
(a) Coenobitidae (terrestrial hermit crabs)
other than a member of the species Birgus latro (robber crab) in the
Territory of Christmas Island that:
(i) is taken by a person whose
principal place of residence is the Territory and who has lived in the
Territory for 3 months immediately before taking the member; and
(ii) is taken for personal consumption
by the person who took the member or a member of that person’s household; and
(iii) is not offered, in whole or part,
for barter, sale or export; and
(iv) is not taken from the Territory
Golf Course, as defined in National Parks and Wildlife (Unprotected Animals and
Plants — Christmas Island) Declaration No. 1 of 1995, gazetted on 20 December 1995.
(b) Gecarcinidae (land crabs);
(c) Grapsidae (shore crabs);
(d) Ocypodidae (ghost crabs);
(e) Palaemoninae (freshwater shrimps).
4 A species, in the Territory of Christmas
Island, whose members are obligate cave-dwellers.