Endangered Species Protection Act 1992 (Cth)

Endangered Species Protection Act 1992

Act No. 194 of 1992 as amended

This compilation was prepared on 25 February 2000

taking into account amendments up to Act No. 146 of 1999

The text of any of those amendments not in force

on that date is appended in the Notes section

[Note: This Act is to be repealed by No. 92 of 1999]

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

An Act providing for the conservation and management of species

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Part 1—Preliminary

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1Short title [see Note 1]

This Act may be cited as the Endangered Species Protection Act 1992.

2Commencement [see Note 1]

(1)
This Act commences on a day to be fixed by Proclamation.
(2)
If this Act does not commence under subsection (1) within the period of 9 months commencing on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

3Objects of Act

(1)
The objects of this Act are to:
(a)
promote the recovery of species and ecological communities that are endangered or vulnerable; and
(b)
prevent other species and ecological communities from becoming endangered; and
(c)
reduce conflict in land management through readily understood mechanisms relating to the conservation of species and ecological communities that are endangered or vulnerable; and
(d)
provide for public involvement in, and promote public understanding of, the conservation of such species and ecological communities; and
(e)
encourage co-operative management for the conservation of such species and ecological communities.
(2)
In order to achieve these objects, this Act:
(a)
provides for listing of native species, ecological communities and threatening processes (see Part 2); and
(b)
provides for certain protective measures to be adopted, in particular:
(i)
preparing and implementing recovery plans and threat abatement plans (see Part 3); and
(ii)
entering into conservation agreements (see Part 4); and
(iii)
making interim conservation orders, permanent conservation orders and impact assessment conservation orders (see Part 5); and
(c)
imposes obligations on persons (particularly Commonwealth agencies) arising from species, ecological communities or threatening processes being listed, or protective measures being adopted (see Part 6); and
(d)
confers powers for the administration and enforcement of this Act (see Part 7); and
(e)
establishes the Endangered Species Advisory Committee and the Endangered Species Scientific Subcommittee (see Part 8).

4Definitions

(1)
In this Act, unless the contrary intention appears:
Advisory Committee means the Endangered Species Advisory Committee established under section 137.
ANPWS means the Australian National Parks and Wildlife Service established by section 33 of the National Parks and Wildlife Conservation Act 1975.
Australia includes the external Territories.
Australian fishing zone has the same meaning as in the Fisheries Management Act 1991.
business day means a day that is not:
(a)
a Saturday or a Sunday; or
(b)
a public holiday or bank holiday in the place concerned.
Chairperson, except in section 161, means the Chairperson of the Advisory Committee.
coastal sea has the meaning given in subsection 15B(4) of the Acts Interpretation Act 1901.
Commonwealth agency means:
(a)
a Minister; or
(b)
a Department; or
(c)
a body (whether incorporated or unincorporated) established for a public purpose by a law of the Commonwealth; or
(d)
a body established or appointed by the Governor-General or by a Minister otherwise than by or under a law of the Commonwealth; or
(e)
a company in which the whole of the shares or stock, or shares or stock carrying more than one-half of the voting power, is or are owned by or on behalf of the Commonwealth; or
(f)
a body corporate that is a subsidiary of:
(i)
a body referred to in paragraph (c), (d) or (e); or
(ii)
a body corporate that, because of a previous application or previous applications of this paragraph, is taken to be a Commonwealth agency for the purposes of this definition; or
(g)
a person holding, or performing the duties of, an office established by or under, or an appointment made under, a law of the Commonwealth, other than:
(i)
a person who, by virtue of holding that office, is the Secretary of a Department; or
(h)
a person holding, or performing the duties of, an appointment made by the Governor-General, or by a Minister, otherwise than under a law of the Commonwealth;
but does not include:
(i)
a court or a tribunal; or
(j)
the Australian Capital Territory, the Northern Territory or the Administration of Norfolk Island; or
(ja)
a person holding an office established by or under any of the following Acts, or holding an appointment made under any of them:
(i)
the Northern Territory (Self-Government) Act 1978;
(ii)
the Norfolk Island Act 1979;
(iii)
the Australian Capital Territory (Self-Government) Act 1988; or
(k)
any of the following:
(i)
an Aboriginal Land Trust, or an Aboriginal Land Council, established under the Aboriginal Land Rights (Northern Territory) Act 1976;
(ii)
an Aboriginal corporation within the meaning of the Aboriginal Councils and Associations Act 1976;
(iii)
the Wreck Bay Aboriginal Community Council established under the Aboriginal Land Grant (Jervis Bay Territory) Act 1986.
Commonwealth area has the meaning given in section 5.
conservation agreement means an agreement entered into under section 51.
continental shelf of Australia has the same meaning as in the Seas and Submerged Lands Act 1973.
daily newspaper means a newspaper that is ordinarily published on each day that is a business day in the place where the newspaper is published, whether or not the newspaper is ordinarily published on other days.
Department means an Agency (within the meaning of the Public Service Act 1999).
Director means the Director of National Parks and Wildlife.
ecological community means an assemblage of native species that:
(a)
inhabits a particular area in nature; and
(b)
meets the additional criteria specified in the regulations (if any) made for the purposes of this definition.
endangered has the meaning given in section 6.
governmental approval means an approval, permission, authorisation, licence, recommendation or other similar decision that is or may be given or made by a Commonwealth agency.
Federal Court means the Federal Court of Australia.
habitat means an area:
(a)
in which an organism, or a group of organisms, lives; or
(b)
in which an organism, or a group of organisms, has lived and into which the organism or group has the potential to be reintroduced.
impact assessment conservation order means an impact assessment conservation order made under section 79.
interest, in relation to a Commonwealth area, has the meaning given in section 9.
interim conservation order means an interim conservation order made under section 57.
key threatening process means a threatening process specified in Schedule 3.
list means a list set out in Schedule 1, 2 or 3 and includes such a list containing no items.
listed ecological community means an ecological community specified in Schedule 2.
listed native species means a species specified in Schedule 1.
native species means a species:
(a)
that is indigenous to Australia; or
(b)
that is indigenous to the Australian coastal sea or to the seabed or subsoil beneath that sea; or
(c)
that is indigenous to the continental shelf of Australia; or
(d)
that is indigenous to the Australian fishing zone; or
(e)
members of which periodically or occasionally visit:
(i)
Australia; or
(ii)
the Australian coastal sea; or
(iii)
the Australian fishing zone; or
(f)
that was present in Australia before 1400.
non-native species means a species that is not a native species.
permanent conservation order means a permanent conservation order made under section 68.
permit means a permit issued under section 89.
person includes:
(a)
a body politic or corporate as well as an individual; and
(b)
a Commonwealth agency, whether or not the Commonwealth agency has the capacity to sue and be sued in its own name.
plan means a recovery plan or a threat abatement plan.
presumed extinct has the meaning given in section 8.
principles of ecologically sustainable development means, if the regulations specify principles for the purpose of this definition, the principles so specified.
recovery plan means a plan of a kind referred to in section 31 that has been:
(a)
prepared under Division 2 of Part 3; or
(b)
adopted by the Minister under section 46.
Scientific Subcommittee means the Endangered Species Scientific Subcommittee established by section 158.
Secretary means an Agency Head (within the meaning of the Public Service Act 1999).
species means a group of biological entities that:
(a)
interbreed to produce fertile offspring; or
(b)
possess common characteristics derived from a common gene pool;
and includes:
(c)
a sub-species; and
(d)
a distinct population of such biological entities, being a distinct population that the Minister determines in writing to be a species for the purposes of this definition.
Note: Determinations under paragraph (d) are disallowable instruments (see section 10).
staff member, in relation to the ANPWS, means a person who is one of the persons who constitute the ANPWS within the meaning of section 34 of the National Parks and Wildlife Conservation Act 1975.
State agency means:
(a)
a Minister of a State; or
(b)
a Department of a State; or
(c)
a body (whether incorporated or unincorporated) established for a public purpose by a law of a State; or
(d)
a body established or appointed by the Governor of a State, or by a Minister of a State, otherwise than by or under a law of the State; or
(e)
a company in which the whole of the shares or stock, or shares or stock carrying more than one-half of the voting power, is or are owned by or on behalf of a State; or
(f)
a body corporate that is a subsidiary of:
(i)
a body referred to in paragraph (c), (d) or (e); or
(ii)
a body corporate that, because of a previous application or previous applications of this paragraph, is taken to be a State agency for the purposes of this definition; or
(g)
a person holding, or performing the duties of, an office established by or under, or an appointment made under, a law of a State, other than a person who, by virtue of holding that office, is the Secretary (by whatever name called) of a Department of a State; or
(h)
a person holding, or performing the duties of, an appointment made by the Governor of a State, or by a Minister of a State, otherwise than under a law of the State;
but does not include a court or a tribunal.
subsidiary has the meaning given in subsection (2).
sub-species means a geographically separate population of a species, being a population that is characterised by morphological or biological differences from other populations of that species.
this Act includes the regulations.
threat abatement plan means a plan of a kind referred to in section 33 that has been:
(a)
prepared under Division 2 of Part 3; or
(b)
adopted by the Minister under section 46.
threatening process means a process that threatens, or may threaten, the survival, abundance or evolutionary development of a native species or ecological community.
vulnerable has the meaning given in section 7.
Note: Section 118 contains further definitions of words and expressions used in Division 2 of Part 7.
(2)
The question whether a body corporate is a subsidiary of an authority or body is to be determined in the same way as the question whether a body corporate is a subsidiary of another body corporate is determined for the purposes of the Corporations Law.
(3)
A reference in this Act to an offence against, or a contravention of, this Act includes a reference to an offence against, or a contravention of, section 6, 7 or 7A, or subsection 86(1), of the Crimes Act 1914 that relates to this Act.
(4)
A reference in this Act to a conviction of a person of an offence includes a reference to making an order under section 19B of the Crimes Act 1914 in relation to the person in respect of the offence.

5Commonwealth areas

(1)
For the purposes of this Act, any of the following areas, and any parts of the following areas, are Commonwealth areas:
(a)
subject to subsection (2), an area of land owned, or held under lease, (including land owned or held under lease in Norfolk Island) by the Commonwealth or a Commonwealth agency;
(b)
an area of land in:
(i)
an external Territory (other than Norfolk Island); or
(ii)
the Jervis Bay Territory;
(c)
subject to subsection (3), the coastal sea;
(d)
the seabed of, and the waters above, the continental shelf of Australia;
(e)
the Australian fishing zone;
(f)
any other area of land or sea that is declared to be a park or a reserve under section 7 of the National Parks and Wildlife Conservation Act 1975.
(2)
Despite paragraph (1)(a), an area of land that is Territory Land within the meaning of the Australian Capital Territory (Planning and Land Management) Act 1988 is not taken to be a Commonwealth area merely because of the application of that paragraph, unless it is held under lease by the Commonwealth or a Commonwealth agency.
(3)
Despite paragraph (1)(c), the following areas, and any parts of the following areas, are not Commonwealth areas by virtue of that paragraph:
(a)
any area of the seabed, and any of the space (including space occupied by water) above that seabed, vested in a State under section 4 of the Coastal Waters (State Title) Act 1980;
(b)
any area of the seabed, and any of the space (including space occupied by water) above that seabed, vested in the Northern Territory under section 4 of the Coastal Waters (Northern Territory Title) Act 1980.

6Endangered species and ecological communities

(1)
For the purposes of this Act, a species is endangered if:
(a)
it is likely to become extinct unless the circumstances and factors threatening its abundance, survival or evolutionary development cease to operate; or
(b)
its numbers have been reduced to such a critical level, or its habitats have been so drastically reduced, that it is in immediate danger of extinction; or
(c)
it might already be extinct, but is not presumed extinct.
(2)
In addition to subsection (1), a species may be regarded as endangered for the purposes of this Act if the Minister is satisfied that:
(a)
it so closely resembles in appearance, at any stage of its biological development, a species of a kind referred to in subsection (1) that it is difficult to differentiate between the 2 species; and
(b)
this difficulty poses an additional threat to the last‑mentioned species; and
(c)
it would substantially promote the objects of this Act if the first-mentioned species were regarded as endangered.
(3)
For the purposes of this Act, an ecological community is endangered if:
(a)
it is likely to become extinct in nature unless the circumstances and factors threatening its extent, survival or evolutionary development cease to operate; or
(b)
it might already be extinct.

7Vulnerable species

(1)
For the purposes of this Act, a species is vulnerable at a particular time if, within the next 25 years, the species is likely to become endangered unless the circumstances and factors threatening its abundance, survival or evolutionary development cease to operate.
(2)
In addition to subsection (1), a species may be regarded as vulnerable for the purposes of this Act if the Minister is satisfied that:
(a)
it so closely resembles in appearance, at any stage of its biological development, a species of a kind referred to in subsection (1) that it is difficult to differentiate between the 2 species; and
(b)
this difficulty poses an additional threat to the last‑mentioned species; and
(c)
it would substantially promote the objects of this Act if the first-mentioned species were regarded as vulnerable.

8Species that are presumed extinct

A species is presumed extinct at a particular time if:
(a)
it has not been definitely located in nature during the preceding 50 years; or
(b)
it has not been definitely located in nature during the preceding 10 years despite thorough searching during that period.

9Interests in Commonwealth areas

Unless the contrary intention appears, a person is taken, for the purposes of this Act, to have an interest in a Commonwealth area if the person, whether alone or with others:
(a)
owns; or
(b)
occupies or is in possession of; or
(c)
has the management or control of; or
(d)
has, as a result of holding a licence, permit or authorisation (by whatever name called), a right to carry on a commercial activity in;
the Commonwealth area.

10Disallowance of certain intruments

A determination made by the Minister for the purposes of paragraph (d) of the definition of species in subsection 4(1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

11Certain Territories regarded as States

For the purposes of this Act (except section 13), the Australian Capital Territory, the Northern Territory and Norfolk Island are to be regarded as States and are not to be regarded as Territories.

12Act to bind Crown

(1)
This Act binds the Crown in all its capacities.
(2)
This Act does not render the Crown liable to be prosecuted for an offence.

13External Territories

This Act extends to each external Territory.

Part 2—Listing

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14Outline of this Part

(1)
This Part provides for listing the native species, ecological communities and threatening processes with which this Act is concerned.
(2)
Division 1 provides for Schedules 1 to 3 to set out lists of native species, ecological communities and key threatening processes.
(3)
Division 2 describes the procedure by which the Minister may amend the lists.
(4)
Division 3 describes how the lists are to be made public.

Division 1—Lists of species etc.

15Lists of native species

(1)
Part 1 of Schedule 1 contains a list of native species that are endangered.
(2)
Part 2 of Schedule 1 contains a list of native species that are vulnerable.
(3)
Part 3 of Schedule 1 contains a list of native species that are presumed extinct.
Note: Section 87 imposes obligations relating to listed native species.

16Lists of ecological communities

Schedule 2 contains a list of ecological communities that are endangered.

17List of key threatening processes

Schedule 3 contains a list of threatening processes that are key threatening processes.

Division 2—The listing process

18Minister may amend lists

(1)
Subject to this Division, the Minister may, by instrument in writing published in the Gazette, and in a daily newspaper circulating in each State, amend any of the lists by:
(a)
including items in the list; or
(b)
deleting items from the list.
(2)
Such instruments are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.
(3)
Despite section 48 of the Acts Interpretation Act 1901 as it applies in relation to such instruments because of section 46A of that Act, amendments of a list that delete items from the list take effect on the first day on which they are no longer liable to be disallowed, or to be taken to have been disallowed, under section 48 of that Act as it so applies.

19Reasons for amendments of lists

(1)
An instrument must state that application may be made, in writing, to the Director for a statement of the reasons why one or more items specified in the application were included in, or deleted from, one or more lists by the instrument.
(2)
The Director must provide, at reasonable cost, such a statement of reasons to the person who makes such an application, or the person on whose behalf the application is made.

20Native species etc. that are endangered

(1)
The Minister must not add:
(a)
a native species to Part 1 of Schedule 1; or
(b)
an ecological community to Part 1 of Schedule 2;
unless the Minister is satisfied that the species or community is endangered.
(2)
The Minister must not delete:
(a)
a native species from Part 1 of Schedule 1; or
(b)
an ecological community from Part 1 of Schedule 2;
unless the Minister is satisfied that the species or community is no longer endangered.
Note: Endangered is defined in section 6.

21Native species that are vulnerable

(1)
The Minister must not add a native species to Part 2 of Schedule 1 unless the Minsiter is satisfied that the species is vulnerable.

(2)
The Minister must not delete a native species from Part 2 of Schedule 1 unless the Minister is satisfied that the species is no longer vulnerable.
Note: Vulnerable is defined in section 7.

22Native species that are presumed extinct

(1)
The Minister must not add a native species to Part 3 of Schedule 1 unless the Minister is satisfied that the species is presumed extinct.
(2)
The Minister must not delete a native species from Part 3 of Schedule 1 unless the Minister is satisfied that the species is no longer presumed extinct.
Note: Presumed extinct is defined in section 8.

23Key threatening processes

(1)
The Minister must not add a threatening process to Schedule 3 unless the Minister is satisfied that it is eligible to be treated as a key threatening process.
(2)
The Minister must not delete a threatening process from Schedule 3 unless the Minister is satisfied that it is no longer eligible to be treated as a key threatening process.
(3)
For the purposes of this section, a threatening process is eligible to be treated as a key threatening process if:
(a)
it:
(i)
adversely affects 2 or more listed native species or 2 or more listed ecological communities; or
(ii)
could cause native species or ecological communities that are not endangered to become endangered; and
(b)
the preparation and implementation of a nationally co‑ordinated threat abatement plan is a feasible, effective and efficient way to abate the process.
(4)
Before deciding whether a theatening process is eligible to be treated as a key threatening process, the Minister must take reasonable steps to consult, with Commonwealth agencies that would be affected by or interested in abatement of the process, on the feasibility, effectiveness or efficiency of preparing and implementing a nationally co-ordinated threat abatement plan to abate the process.

24Minister must consider advice from Scientific Subcommittee

(1)
Subject to section 26, the Minister must not add an item to, or delete an item from, a list without having considered advice from the Scientific Subcommittee on the addition or deletion of the item.
(2)
The Minister must:
(a)
decide whether to add an item to, or delete an item from, a list; and
(b)
if the Minister decides to add or delete the item—cause the necessary instrument to be published in the Gazette;
within 90 days after receiving the Scientific Subcommittee’s advice on the addition or deletion of the item.
(3)
A member of the Scientific Subcommittee has a duty not to disclose to any other person the advice, or any information relating to the advice, before the end of that period of 90 days unless the disclosure:
(a)
is for the official purposes of the Scientific Subcommittee; or
(b)
if an instrument is published in the Gazette relating to an addition or deletion to which the advice relates—occurred after the publication.

25Public may nominate native species etc.

(1)
Any person may nominate an item to be listed in Schedules 1 to 3.
(2)
A nomination must be made to the Director and must include any information prescribed by regulation.
(3)
The Director must forward all nominations to the Scientific Subcommittee.

26Rediscovery of native species that were presumed extinct

(1)
If the Director advises the Minister that a native species that is specified in Part 3 of Schedule 1 has been definitely located in nature since it was last listed as presumed extinct, the Minister may, under section 18:
(a)
amend Part 3 of Schedule 1 by deleting the species from that Part; and
(b)
if the Minister is satisfied that the species:
(i)
is endangered; or
(ii)
is vulnerable;
amend the appropriate list by adding the species to it;
without considering advice from the Scientific Subcommittee.
(2)
Subsection (1) does not prevent the Minister from making such amendments after having considered advice from the Scientific Subcommittee.

27Minister only to consider nature conservation matters

(1)
In deciding whether to add an item to, or delete an item from, a list in Schedule 1, the Minister must not consider any matters that do not relate to the survival of the native species concerned.
(2)
In deciding whether to add an item to, or delete an item from, Schedule 2, the Minister must not consider any matters that do not relate to the survival of the ecological community concerned.

28Species posing a serious threat to human health

(1)
If the Minister is satisfied that a native species poses a serious threat to human health, the Minister may, by instrument published in the Gazette, determine that the species is not appropriate for listing under this Part.
(2)
While the determination is in force, the species is not to be added to any list.
(3)
A determination is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Division 3—Publication of lists

29Director to make lists available to the public

The Director must take all reasonable steps to ensure that up‑to‑date consolidated versions of each of the lists are available for purchase, for a reasonable price, at:
(a)
each of the offices of the ANPWS; and
(b)
one or more other places in each State.

Part 3—Recovery plans and threat abatement plans

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30Outline of this Part

(1)
This Part is about preparing and implementing:
(a)
recovery plans for listed native species and listed ecological communities; and
(b)
threat abatement plans for key threatening processes.
(2)
Division 1 defines the Commonwealth’s obligations to prepare plans for species, ecological communities and threatening processes occurring in Commonwealth areas.
(3)
Division 2 describes how these plans are prepared, published and varied.
(4)
Division 3 enables the Commonwealth to:
(a)
assist States and State agencies to prepare plans for species, ecological communities and threatening processes that do not occur in Commonwealth areas; and
(b)
adopt and publicise plans prepared by States or State agencies for such species, ecological communities and threatening processes.
(5)
Division 4 contains a general assistance provision and a reporting requirement.

Division 1—Obligations to prepare etc. plans

31Recovery plans

(1)
The Commonwealth must prepare and implement a recovery plan for:
(a)
each listed native species (other than a species that is presumed extinct); or
(b)
each listed ecological community;
that occurs in Commonwealth areas.
(2)
If the listed native species or listed ecological community also occurs outside Commonwealth areas, the Commonwealth must seek the co-operation of the States in which the species or community occurs outside Commonwealth areas with a view to the joint preparation and implementation of a recovery plan for the species or community throughout Commonwealth areas and those States.
Note 1: Commonwealth area is defined in section 5.
Note 2: Section 99 imposes on Commonwealth agencies obligations relating to recovery plans.

32Content of recovery plans

(1)
The recovery plan must provide for the research and management actions necessary to stop the decline of, and support the recovery of, the species or community so that its chances of long-term survival in nature are maximised.
(2)
In particular, the recovery plan must:
(a)
state an objective to be achieved (for example, removing the species or community from a list, or indefinite protection of existing populations of the species or community); and
(b)
state criteria against which achievement of the objective is to be measured (for example, a specified number and distribution of viable populations of the species or community, or the abatement of threats to the species or community); and
(c)
specify the actions needed to satisfy the criteria; and
(d)
identify and specify the actions needed to protect the habitats that are critical to the survival of the species or community; and
(e)
state the estimated duration and cost of the recovery process; and
(f)
identify:
(i)
interests that will be affected by the plan’s implementation; and
(ii)
organisations or persons who will be involved in evaluating the performance of the recovery plan; and
(g)
specify any major benefits to non-target species or non‑target ecological communities that will be affected by the plan’s implementation.
(3)
In preparing a recovery plan, regard must be had to:
(a)
the objects of the Act; and
(b)
the most efficient and effective use of the resources that are allocated for conservation of species and ecological communities; and
(c)
consistent with the principles of ecologically sustainable development, minimising any significant adverse social and economic impacts.

33Threat abatement plans

(1)
The Commonwealth must prepare and implement a threat abatement plan for each key threatening process that occurs in Commonwealth areas.
(2)
If the key threatening process also occurs outside Commonwealth areas, the Commonwealth must seek the co-operation of the States in which the threatening process occurs outside Commonwealth areas with a view to the joint preparation and implementation of a threat abatement plan for the threatening process throughout Commonwealth areas and those States.
Note 1: Commonwealth area is defined in section 5.
Note 2: Section 99 imposes on Commonwealth agencies obligations relating to threat abatement plans.

34Content of threat abatement plans

(1)
The threat abatement plan must provide for the research and management actions necessary to reduce the key threatening process to an acceptable level in order to maximise the chances of the long-term survival in nature of native species and ecological communities affected by the process.
(2)
In particular, the threat abatement plan must:
(a)
state an objective to be achieved; and
(b)
state criteria against which achievement of the objective is to be measured; and
(c)
specify the actions needed to satisfy the criteria; and
(d)
state the estimated duration and cost of the threat abatement process; and
(e)
identify organisations or persons who will be involved in evaluating the performance of the threat abatement plan; and
(f)
specify any major non-target ecological matters that will be affected by the plan’s implementation.
(3)
In preparing a threat abatement plan, regard must be had to:
(a)
the objects of the Act; and
(b)
the most efficient and effective use of the resources that are allocated for conservation of species and ecological communities; and
(c)
consistent with the principles of ecologically sustainable development, minimising any significant adverse social and economic impacts.

35Eradication of non-native species

If:
(a)
the actions specified under paragraph 32(2)(c) in a recovery plan, or under paragraph 34(2)(c) in a threat abatement plan, include the eradication of a non-native species; and
(b)
the species is endangered or vulnerable in a country in which its native habitat occurs;
the recovery plan, or threat abatement plan, must require the Commonwealth to offer to provide stock of the species to that country before the eradication proceeds.

Division 2—Preparation and variation of plans by the Commonwealth

36Deadlines for preparing plans

A plan must be prepared within the period that:
(a)
begins on the day (listing day) on which the species, ecological community or key threatening process in question became included in a list; and
(b)
ends on the elapsing of the number of years, from the listing day, specified in the following table:

TABLE
Type of plan	Number of years
If the listing day is the day this Act commenced	If the listing day is a later day
1. Recovery plan for a species or ecological community that is endangered	5 years	3 years
2. Recovery plan for a species that is vulnerable	10 years	5 years
3. Threat abatement plan for a key threatening process	6 years	3 years

37Advisory Committee to advise on scheduling of plans

(1)
The Advisory Committee is to advise the Minister on the times within which, and the order in which, draft plans should be prepared.
(2)
In giving advice on preparation of a draft recovery plan, the Advisory Committee must take into account the following matters:
(a)
the degree of threat to the survival in nature of the species or ecological community in question;
(b)
the potential for the species or community to recover;
(c)
the genetic distinctiveness of the species or community;
(d)
the importance of the species or community to the ecosystem;
(e)
the value to humanity of the species or community;
(f)
the efficient and effective use of the resources allocated to the conservation of species and ecological communities.
(3)
In giving advice on preparation of a draft threat abatement plan, the Advisory Committee must take into account the following matters:
(a)
the degree of threat that the key threatening process in question poses to the survival in nature of species and ecological communities;
(b)
the potential of species and ecological communities so threatened to recover;
(c)
the efficient and effective use of the resources allocated to the conservation of species and ecological communities.

38Preparation of draft plans

(1)
After considering the Advisory Committee’s advice, the Minister may, in writing, direct the Director to prepare:
(a)
a draft recovery plan for a listed native species or a listed ecological community; or
(b)
a draft threat abatement plan for a key threatening process.
(2)
The direction must specify the period within which the draft plan is to be prepared.
(3)
The Director must comply with the direction.
(4)
The Director must cause a copy of the direction to be published in the Gazette.

39Consultation on draft plans

(1)
After preparing a draft plan, the Director must:
(a)
take reasonable steps to ensure that copies of the draft plan are available for purchase, for a reasonable price, at each of the offices of the ANPWS and at one or more other places in each State; and
(b)
give a copy of it, together with a notice of a kind referred to in subsection (2), to the Advisory Committee; and
(c)
cause the notice to be published:
(i)
in the Gazette; and
(ii)
in a daily newspaper circulating in each State in which occurs the listed native species, listed ecological community or key threatening process to which the draft plan relates; and
(iii)
in any other way required by the regulations.
(2)
The notice must:
(a)
state that the draft plan has been prepared; and
(b)
specify the places where copies of the draft plan may be purchased; and
(c)
invite persons to make written comments to the Director about the draft plan; and
(d)
specify:
(i)
an address for lodgment of comments; and
(ii)
a day by which comments must be made.
(3)
The day specified must not be a day occurring within 3 months after the notice is published in the Gazette.

40Consideration of comments

The Director:
(a)
must consider all written comments made to the Director on or before the day, and at the address for lodgment, specified in the notice; and
(b)
may revise the draft plan to take into account any of those comments; and
(c)
must prepare a report on the comments and their consideration.

41Approval by the Minister

(1)
The Director must then give the draft plan to the Minister for approval.
(2)
The draft plan must be accompanied by the Director’s report on the written comments.
(3)
If the Minister thinks that the draft plan submitted under subsection (1) or (4) for his or her approval should be revised in some respect, the Minister may give to the Director a written notice:
(a)
requesting the Director to make such a revision; and
(b)
setting out the reasons for the request.
(4)
On receiving such a request, the Director must:
(a)
consider the request and the statement of reasons; and
(b)
make such revision of the draft plan as he or she considers appropriate; and
(c)
give the draft plan, as so revised, to the Minister for approval.
(5)
The plan comes into force:
(a)
on the day specified by the Minister for that purpose in approving the plan; or
(b)
if no such day is specified—on the day on which the Minister approves the plan.

42Director to make plans available to the public

(1)
As soon as practicable after the Minister approves a plan, the Director must:
(a)
take reasonable steps to ensure that copies of the plan are available for purchase, for a reasonable price, at each of the offices of the ANPWS and at one or more other places in each State; and
(b)
give notice of the plan’s approval to each person whose comments on the draft plan the Director considered under paragraph 40(a); and
(c)
cause the notice to be published:
(i)
in the Gazette; and
(ii)
in a daily newspaper circulating in each State in which occurs the listed native species, listed ecological community or key threatening process to which the plan relates; and
(iii)
in any other way required by the regulations.
(2)
The notice must:
(a)
state that the Minister has approved the plan; and
(b)
specify the places where copies of the draft plan may be purchased.

43Variation of plans

(1)
The Director may, at any time, review a plan and consider whether a variation of it is necessary.
(2)
Each plan must be reviewed by the Director at intervals of not longer than 5 years.
(3)
If the Minister gives the Director a notice requesting that the Director vary a plan and setting out the reasons for the request, the Director must consider, having regard to the reasons, whether the requested variation is appropriate.
(4)
If the Director considers that:
(a)
a variation of a plan is necessary; or
(b)
a variation of a plan, requested by the Minister, is appropriate;
the Director may, subject to subsection (5), vary the plan.
(5)
Sections 39 to 42 apply to the variation of the plan in the same way that those sections apply to the preparation and approval of a draft plan.

Division 3—Preparation and variation of plans by States etc.

44Commonwealth assistance for the preparation of draft plans

(1)
The Minister may, on the Commonwealth’s behalf, give to a State or a State agency financial assistance, and any other assistance, for the preparation of:
(a)
a draft recovery plan for:
(i)
a listed native species (other than a species that is presumed extinct); or
(ii)
a listed ecological community;
that does not occur in a Commonwealth area; or
(b)
a draft threat abatement plan for a key threatening process that does not occur in a Commonwealth area.
(2)
The giving of assistance may be made subject to such conditions as the Minister thinks fit.
(3)
The Minister is to have regard to the advice of the Advisory Committee under section 45 before deciding whether to give assistance, or the extent of any assistance to be given.

45Advisory Committee to advise on assistance

(1)
The Advisory Committee is to advise the Minister on:
(a)
the times within which, and the order in which, assistance should be granted to States and State agencies under section 44 for the preparation of plans; and
(b)
the conditions (if any) to which the giving of such assistance should be subject.
(2)
In giving advice on preparation of a draft recovery plan, the Advisory Committee must take into account the following matters:
(a)
the degree of threat to the survival in nature of the species or ecological community in question;
(b)
the potential for the species or community to recover;
(c)
the genetic distinctiveness of the species or community;
(d)
the importance of the species or community to the ecosystem;
(e)
the value to humanity of the species or community;
(f)
the efficient and effective use of the resources allocated to the conservation of species and ecological communities.
(3)
In giving advice on preparation of a draft threat abatement plan, the Advisory Committee must take into account the following matters:
(a)
the degree of threat that the key threatening process in question poses to the survival in nature of species and ecological communities;
(b)
the potential of species and ecological communities so threatened to recover;
(c)
the efficient and effective use of the resources allocated to the conservation of species and ecological communities.

46Adoption of draft plans

(1)
The Minister may, by instrument in writing, declare that a specified draft plan prepared by a State or State agency is adopted as a recovery plan, or threat abatement plan, as the case requires.
(2)
If a State or State agency varies a draft plan in respect of which the Minister has previously made a declaration under subsection (1) or this subsection, the Minister may, by instrument in writing, declare that the recovery plan, or threat abatement plan, as the case requires, is taken to be varied accordingly.

(3)
The Minister must not make a declaration under this section unless he or she is satisfied that the draft plan, or the draft plan as varied, complies with the requirements of section 32 or 34 (whichever is applicable).
(4)
Before making a declaration under this section, the Minister must consider any advice on the draft plan given to the Minister by the Advisory Committee.

47Director to publicise adoption of draft plans

(1)
As soon as practicable after the Minister has made a declaration under section 46, the Director must:
(a)
take reasonable steps to ensure that copies of the plan in question, or that plan as varied, are available for purchase, for a reasonable price, at each of the offices of the ANPWS and at one or more other places in each State; and
(b)
cause a notice of the declaration to be published:
(i)
in the Gazette; and
(ii)
in a daily newspaper circulating in each State in which occurs the listed native species, listed ecological community or key threatening process to which the plan relates; and
(iii)
in any other way required by the regulations.
(2)
The notice must:
(a)
set out a copy of the declaration; and
(b)
specify the places where copies of the plan, or the plan as varied, may be purchased.

Division 4—General

48Commonwealth assistance for implementation of plans

The Commonwealth may give to any person financial assistance, and any other assistance, for implementation of a plan.

49Reports on preparation and implementation of plans

The Director must prepare, for inclusion in each annual report the Director prepares under section 9 of the Commonwealth Authorities and Companies Act 1997, a report on:
(a)
implementation of plans during the financial year to which the annual report relates; and
(b)
preparation of draft plans by the Director during that year.

Part 4—Conservation agreements

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50Outline of this Part

This Part is about:
(a)
conservation agreements between the Commonwealth and persons having interests in Commonwealth areas;
(b)
the effect of conservation agreements;
(c)
the publication of conservation agreements.

51Director may enter into conservation agreements

The Director may, on the Commonwealth’s behalf, enter into an agreement, with a person who has an interest in a Commonwealth area, for the conservation and management of:
(a)
any listed native species or listed ecological communities that occur in the Commonwealth area; or
(b)
any areas within the Commonwealth area that are habitats for such species or communities.
Note: Interest in a Commonwealth area is defined in section 9.

52Content of conservation agreements

(1)
A conservation agreement may, for example, provide for all or any of the following:
(a)
controlling or prohibiting, in any areas to which the agreement applies, activities that may disturb species, ecological communities, habitats or potential habitats that the agreement is intended to conserve;
(b)
requiring any person bound by the agreement:
(i)
not to obstruct access by the Director, or any other person authorised by the Director under the agreement, to areas to which the agreement applies for the purpose of monitoring compliance with the agreement; and
(ii)
to give to the Director, or any person so authorised, any information requested by the Director or person that is under the first-mentioned person’s control and is relevant to compliance with the agreement;
(c)
the Commonwealth giving financial or other assistance to a person bound by the agreement for the purpose of assisting the person to fulfil the person’s obligations under the agreement.
(2)
A conservation agreement that obliges the Commonwealth to give financial assistance to a person is subject to appropriation of money by the Parliament for the purpose.

53Conservation agreements to be legally binding

A conservation agreement is binding on:
(a)
the Commonwealth; and
(b)
the person with whom the Director entered into the agreement on the Commonwealth’s behalf; and
(c)
any other person who is a successor to the whole or any part of the interest that the person referred to in paragraph (b) had, at the time the agreement was entered into, in the Commonwealth areas to which the agreement applies.

54Publication of conservation agreements

(1)
As soon as practicable after a conservation agreement has been entered into, the Director must:
(a)
take reasonable steps to ensure that copies of the conservation agreement in question are available for purchase, for a reasonable price, at each of the offices of the ANPWS and at one or more other places in each State; and
(b)
cause a notice of the agreement to be published:
(i)
in the Gazette; and
(ii)
in any other way required by the regulations.
(2)
The notice must:
(a)
state that the conservation agreement has been entered into; and
(b)
specify the places where copies of the agreement may be purchased.

55List of conservation agreements

The Director must:
(a)
maintain an up-to-date list of conservation agreements that are in operation; and
(b)
take reasonable steps to ensure that copies of the list are available for purchase, for a reasonable price, at each of the offices of the ANPWS and at one or more other places in each State.

Part 5—Conservation orders

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56Outline of this Part

(1)
This Part enables the Minister to make conservation orders.
(2)
Division 1 is about making interim conservation orders that relate to Commonwealth areas.
(3)
Division 2 is about making permanent conservation orders that relate to Commonwealth areas.
(4)
Division 3 is about making impact assessment conservation orders that impose requirements that apply while certain procedures are undertaken under the Environment Protection (Impact of Proposals) Act 1974.

Division 1—Interim conservation orders

57Minister may make interim conservation orders

Subject to section 58, the Minister may, by instrument in writing, make an interim conservation order:
(a)
prohibiting or restricting specified activities on or in:
(i)
all Commonwealth areas; or
(ii)
specified Commonwealth areas; or
(b)
requiring specified persons to take specified action on or in:
(i)
all Commonwealth areas; or
(ii)
specified Commonwealth areas.
Note: Section 86 prohibits contraventions of interim conservation orders.

58Limitations on the power to make interim conservation orders

(1)
The Minister must not make an interim conservation order in relation to a matter at a particular time if, at that time, the Minister has the power under Division 3 to make an impact assessment conservation order in relation to the matter that comes into force immediately after it is made.
(2)
The Minister may make an interim conservation order that prohibits, restricts or imposes requirements on an activity that is carried out, or proposed to be carried out, primarily for a commercial purpose only if:
(a)
the Minister has given notice of:
(i)
his or her intention to make the order; and
(ii)
the prohibitions, restrictions or requirements in question;
to each other Minister whose areas of responsibility include a matter that would be affected by such an order; and
(b)
subsection (3) does not apply.
(3)
This subsection applies if:
(a)
a Minister so notified, or another Commonwealth agency, has the power to prohibit, restrict or impose requirements on the activity or proposed activity:
(i)
within 24 hours of that Minister being so notified; and
(ii)
to the extent specified under subparagraph (2)(a)(ii); and
(b)
within the 24 hours:
(i)
that Minister or the other Commonwealth agency exercises the power (whether to the same extent, or to a greater or lesser extent, than the extent specified under subparagraph (2)(a)(ii)), or reaches a decision not to exercise the power; and
(ii)
that Minister notifies the Minister administering this Act that the power has been exercised or the decision has been reached.
(4)
For the purposes of subsection (2), the commercial purposes referred to in that subsection need not be the commercial purposes of the person carrying out, or proposing to carry out, the activity in question.

59Grounds for making interim conservation orders

(1)
The Minister may only make an interim conservation order if he or she reasonably believes that it is necessary to make the order, on one or more of the following grounds:
(a)
preventing a listed native species or a listed ecological community from becoming further threatened with extinction as a result of the carrying out of particular activities; or
(b)
preventing the recovery of a listed native species or a listed ecological community from being impeded by the carrying out of particular activities; or
(c)
ensuring that particular activities do not have a serious adverse effect on the successful implementation of a recovery plan or a threat abatement plan; or
(d)
ensuring that particular activities do not adversely affect a listed native species or listed ecological community, or habitat significant to the survival of a listed native species or listed ecological community, before an assessment can be made as to whether any other action should be taken under this Act to protect the species, community or habitat.
(2)
For the purposes of paragraph (1)(d), activities affecting the habitat of a listed native species or a listed ecological community are relevant only to the extent that they adversely affect features of the habitat that are significant to the survival of the species or community.

60Consideration of the social and economic impact of interim conservation orders

In considering whether to make an interim conservation order, the Minister must, so far as is practicable, ensure that the prohibitions, restrictions and requirements in the order will, consistent with the principles of ecologically sustainable development, minimise any significant adverse social and economic impacts, while ensuring that they:
(a)
are consistent with furthering the objects of this Act; and
(b)
adequately address themselves to the grounds on which the order is made.

61Procedure for making interim conservation orders

(1)
Before making an interim conservation order, the Minister:
(a)
must seek the Director’s advice on whether it should be made; and
(b)
may have regard to any advice of the Advisory Committee on whether it should be made.
(2)
The Minister is not required, before making the order, to give notice of his or her intention to make the order to any person who will be affected by the order.
(3)
Subsection (2) does not prevent the Minister from giving such notice if he or she thinks fit.

62Duration of interim conservation orders

(1)
An interim conservation order comes into force:
(a)
if a commencement day is specified in the order—on that day; or
(b)
otherwise—immediately after it is made.
(2)
The order remains in force:
(a)
until:
(i)
if it prohibits, restricts or imposes requirements on an activity that is carried out, or proposed to be carried out, primarily for a commercial purpose—subject to subsection (3), the end of the period of 28 days after it is made; or
(ii)
otherwise—the end of the period of 6 months after it is made; or
(b)
until it is revoked by the Minister under section 65 or subsection 66(2);
whichever happens first.
(3)
The Minister may renew an interim conservation order of the kind referred to in subparagraph (2)(a)(i) for a further period of 28 days if he or she reasonably believes that it is necessary to renew the order on one or more of the grounds referred to in section 59.
(4)
For the purposes of subparagraph (2)(a)(i), the commercial purposes referred to in that subsection need not be the commercial purposes of the person carrying out, or proposing to carry out, the activity in question.

63Publication of interim conservation orders

(1)
As soon as practicable after making an interim conservation order, the Minister must inform the Director that it has been made.
(2)
The Director must, as soon as practicable after being so informed:
(a)
cause to be published in the Gazette, in a daily newspaper circulating in each State in which are located Commonwealth areas to which the order relates, and in any other way required by the regulations, a notice containing:
(i)
a copy of the order; and
(ii)
a statement to the effect that contravention of the order is an offence against this Act; and
(iii)
a statement to the effect that a person (other than a Commonwealth agency) who is affected by the order may apply to the Minister, within 28 days of the publication (or within such further period as the Minister allows), for a reconsideration of the order by the Minister; and
(b)
take reasonable steps to ensure that each person who the Director knows would be affected by the order is given a notice containing:
(i)
a copy of the order; and
(ii)
unless the person is a Commonwealth agency or a State agency—a statement to the effect that contravention of the order is an offence against this Act; and
(iii)
unless the person is a Commonwealth agency—a statement to the effect that the person may apply to the Minister, within 28 days of being given the notice (or within such further period as the Minister allows), for a reconsideration of the order by the Minister.
(3)
Failure to comply with this section does not affect the validity of the order.

64Application for reconsideration of interim conservation orders

(1)
A person (other than a Commonwealth agency) who is affected by an interim conservation order may apply to the Minister to reconsider the order.
(2)
The application must be in writing.
(3)
Subject to subsection (4), the application must be made within 28 days, or within such further period as the Minister allows, after the publication of a copy of the order under paragraph 63(2)(a).
(4)
If the person is given a copy of the order after that publication, the period of 28 days within which that person must make the application is taken to begin on the day on which the person received the notice.

65Reconsideration of interim conservation orders

(1)
Within one month after receiving such an application, the Minister must:
(a)
seek the Director’s advice on the application; and
(b)
reconsider the order; and
(c)
by instrument in writing, confirm, revoke or vary the order; and
(d)
inform the Director accordingly.
(2)
As soon as practicable after being so informed, the Director must:
(a)
notify the applicant in writing of the result of the reconsideration; and
(b)
if the order is revoked or varied—cause to be published in the Gazette, and in any other way required by the regulations, a notice:
(i)
stating that the order has been revoked or varied, as the case requires; and
(ii)
if the order is varied—setting out a copy of the order as so varied.
(3)
The Minister may at any time revoke the order even if an application for its reconsideration has not been made.
(4)
The Minister must not revoke the order under this section unless he or she is satisfied that none of the grounds set out in section 59 apply in relation to the order.
(5)
The Minister must not vary the order unless he or she is satisfied that the order as varied adequately addresses the grounds set out in section 59 that apply in relation to the order at the time of the variation.
(6)
Immediately after a variation of the order, the order continues in force as so varied.

66Director to attempt to enter into conservation agreements

(1)
If the Director is satisfied that the environmental protections that an interim conservation order gives could be given by one or more appropriate conservation agreements, the Director must take reasonable steps to negotiate and enter into such conservation agreements.
(2)
If:
(a)
the Director has entered into such conservation agreements; and
(b)
the Minister is satisfied that the agreements give the same environmental protections that the order gives;
the Minister must:
(c)
by instrument in writing, revoke the order; and
(d)
inform the Director accordingly.
(3)
As soon as practicable after being so informed, the Director must cause to be published:
(a)
in the Gazette; and
(b)
in any other way required by the regulations;
a notice stating that the order has been revoked.
(4)
In this section:
environmental protection means a protective measure that the order contains relating to any of the following:
(a)
a native species;
(b)
an ecological community;
(c)
habitat of such a species or community;
(d)
a recovery plan;
(e)
a threat abatement plan.

67Assistance for complying with interim conservation orders

(1)
The Director may assist a person (other than a Commonwealth agency) to comply with prohibitions, restrictions or requirements imposed on a person by an interim conservation order.
(2)
The assistance may take any one or more of the following forms:
(a)
payment of money;
(b)
provision of goods;
(c)
provision of labour;
(d)
provision of other services.
(3)
The value of the assistance must not exceed that which the Director thinks are the reasonable and direct costs of complying with the prohibitions, restrictions or requirements in question.
(4)
Assistance given under this section must be taken into account in determining compensation payable under section 172.

Division 2—Permanent conservation orders

68Minister may make permanent conservation orders

The Minister may, by instrument in writing, make a permanent conservation order:
(a)
prohibiting or restricting specified activities on or in:
(i)
all Commonwealth areas; or
(ii)
specified Commonwealth areas; or
(b)
requiring specified persons to take specified action on or in:
(i)
all Commonwealth areas; or
(ii)
specified Commonwealth areas.
Note: Section 86 prohibits contraventions of permanent conservation orders.

69Grounds for making permanent conservation orders

(1)
The Minister may only make a permanent conservation order if he or she reasonably believes that it is necessary to make the order on one or more of the following grounds:
(a)
preventing a listed native species or a listed ecological community from becoming further threatened with extinction as a result of the carrying out of particular activities; or
(b)
preventing the recovery of a listed native species or a listed ecological community from being impeded by the carrying out of particular activities; or
(c)
ensuring that particular activities do not have a serious adverse effect on the successful implementation of a recovery plan or a threat abatement plan; or
(d)
ensuring that particular activities do not adversely affect a listed native species or listed ecological community, or habitat significant to the survival of a listed native species or listed ecological community, before an assessment can be made as to whether any other action should be taken under this Act to protect the species, community or habitat.
(2)
For the purposes of paragraph (1)(d), activities affecting the habitat of a listed native species or a listed ecological community are relevant only to the extent that they adversely affect features of the habitat that are significant to the survival of the species or community.

70Economic and social considerations

In considering whether to make a permanent conservation order, the Minister must be satisfied that such action for the conservation of the listed native species or listed ecological community in question is justified, having regard to economic and social considerations that are consistent with the principles of ecologically sustainable development.

71Procedure for making permanent conservation orders

Before making a permanent conservation order, the Minister:
(a)
must seek the Director’s advice on whether it should be made; and
(b)
may have regard to any advice of the Advisory Committee on whether it should be made.

72Duration of permanent conservation orders

(1)
Subject to subsection (2), a permanent conservation order comes into force:
(a)
if a commencement day is specified in the order—on that day; or
(b)
otherwise—immediately after it is made.
(2)
If the order overlaps an interim conservation order that is in force, the order:
(a)
does not come into force if the interim conservation order is revoked under section 65 or subsection 66(2); and
(b)
in any other case—comes into force immediately after the end of the period of 6 months after the interim conservation order was made.
(3)
For the purposes of subsection (2), the order overlaps an interim conservation order if they are the same in relation to:

(a)
the activities (if any) that they prohibit or restrict; and
(b)
the persons (if any) on whom they impose requirements; and
(c)
the Commonwealth areas to which they apply.
(4)
The order remains in force until it is revoked by the Minister.

73Reviews of permanent conservation orders

(1)
The Minister must:
(a)
at intervals of not more than 5 years, review the permanent conservation order; and
(b)
after each review, confirm, vary or revoke the order by instrument in writing.
(2)
Before reviewing the order, the Minister must seek the Director’s advice on the review.
(3)
The Minister must not revoke the order unless he or she is satisfied that none of the grounds set out in section 69 apply in relation to the order.
(4)
The Minister must not vary the order unless he or she is satisfied that the order as varied adequately addresses the grounds set out in section 69 that apply in relation to the order at the time of the variation.
(5)
Immediately after a variation of the order, the order continues in force as so varied.

74Publication of permanent conservation orders

(1)
As soon as practicable after making or reviewing a permanent conservation order, the Minister must cause the Director to be informed of the making of the order, or the decision on the review, as the case requires.
(2)
The Director must, as soon as practicable after being so informed:
(a)
cause to be published in the Gazette, in a daily newspaper circulating in each State in which are located Commonwealth areas to which the order relates, and in any other way required by the regulations, a notice containing:
(i)
a copy of the order; and
(ii)
a statement to the effect that contravention of the order is an offence against this Act; and
(iii)
if applicable, a statement of the decision on the review; and
(iv)
a statement to the effect that a person (other than a Commonwealth agency) who is affected by the order may apply to the Minister, within 28 days of the publication (or within such further period as the Minister allows), for a reconsideration of the order by the Minister; and
(b)
take all reasonable steps to ensure that each person who the Director knows would be affected by the order is given a notice containing:
(i)
a copy of the order; and
(ii)
if applicable, a statement of the decision on the review; and
(iii)
unless the person is a Commonwealth agency or a State agency—a statement to the effect that contravention of the order is an offence against this Act; and
(iv)
unless the person is a Commonwealth agency—a statement to the effect that the person may apply to the Minister, within 28 days of being given the notice (or within such further period as the Minister allows), for a reconsideration of the order by the Minister.
(3)
Failure to comply with this section does not affect the validity of the order.

75Application for reconsideration of permanent conservation orders or decisions on review

(1)
A person (other than a Commonwealth agency) who is affected by a permanent conservation order, or by the decision on a review of a permanent conservation order, may apply to the Minister to reconsider the order or the decision, as the case requires.
(2)
The application must be in writing.
(3)
Subject to subsection (4), the application must be made within 28 days, or within such further period as the Minister allows, after the publication under paragraph 74(2)(a) of the notice relating to the making of the order or conduct of the review.
(4)
If the person is given a copy of the order after that publication, the period of 28 days within which that person must make the application is taken to commence on the day on which the person received the notice.

76Reconsideration of permanent conservation orders and decisions on review

(1)
Upon receiving the application, the Minister must:
(a)
seek the Director’s advice on the application; and
(b)
reconsider the permanent conservation order or the decision on review, as the case requires; and
(c)
by instrument in writing:
(i)
confirm, vary or revoke the order; or
(ii)
confirm or vary the decision on review; and
(d)
cause the Director to be informed accordingly.
(2)
As soon as practicable after being so informed, the Director must:
(a)
notify the applicant in writing of the result of the reconsideration; and
(b)
if the order is revoked or varied or the decision on review is varied—cause to be published in the Gazette, and in any other way required by the regulations, a notice:
(i)
stating that fact; and
(ii)
in the case of a variation—setting out a copy of the order or decision as so varied.
(3)
Immediately after a variation of the order, the order continues in effect as so varied.

77Assistance in complying with permanent conservation orders

(1)
The Director may assist a person (other than a Commonwealth agency) to comply with prohibitions, restrictions or requirements imposed on a person by a permanent conservation order.
(2)
The assistance may take any one or more of the following forms:
(a)
payment of money;
(b)
provision of goods;
(c)
provision of labour;
(d)
provision of other services.
(3)
The value of the assistance must not exceed that which the Director thinks are the reasonable and direct costs of complying with the prohibitions, restrictions or requirements in question.
(4)
Assistance given under this section must be taken into account in determining compensation payable under section 172.

Division 3—Impact assessment conservation orders

78Application of this Division

This Division applies to:
(a)
a Commonwealth agency that is taking, or proposes to take, action that, under section 5A of the Environment Protection (Impact of Proposals) Act 1974, is taken to be a matter affecting the environment to a significant extent within the meaning of section 5 of that Act; and
(b)
if that action or proposed action involves the Commonwealth agency giving a governmental approval that is required before a particular proposed activity is permitted under the law of the Commonwealth or a Territory—the person proposing to carry out the activity.

79Minister may make impact assessment conservation orders

(1)
The Minister may, by instrument in writing, make an impact assessment conservation order:
(a)
prohibiting or restricting specified activities by the Commonwealth agency; or
(b)
requiring the Commonwealth agency to take specified action; or
(c)
subject to subsection (2), prohibiting or restricting specified activities by a person, being activities that constitute the whole or part of, or are connected with, an activity of the kind referred to in paragraph 78(b) that the person proposes to carry out.
(2)
An order under paragraph (1)(c) must only relate to activities that the Minister is satisfied:
(a)
are proposed to be carried out before the end of the period referred to in paragraph 83(3)(a); and
(b)
would, if carried out before the end of that period, frustrate the operation of the Environment Protection (Impact of Proposals) Act 1974.
Note: Sections 86 and 100 prohibit contraventions of impact assessment conservation orders.

80Grounds for making impact assessment conservation orders

(1)
The Minister may only make an impact assessment conservation order if he or she reasonably believes that it is necessary to make the order on one or more of the following grounds:
(a)
preventing a listed native species or a listed ecological community from becoming further threatened with extinction as a result of the carrying out of particular activities; or
(b)
preventing the recovery of a listed native species or a listed ecological community from being impeded by the carrying out of particular activities; or
(c)
ensuring that particular activities do not have a serious adverse effect on the successful implementation of a recovery plan or a threat abatement plan; or
(d)
ensuring that particular activities do not adversely affect a listed native species or listed ecological community, or habitat significant to the survival of a native listed species or listed ecological community, before an assessment can be made as to whether any other action should be taken under this Act to protect the species, community or habitat.
(2)
For the purposes of paragraph (1)(d), activities affecting the habitat of a listed native species or a listed ecological community are relevant only to the extent that they adversely affect features of the habitat that are significant to the survival of the species or community.

81Consideration of the social and economic impact of impact assessment conservation orders

In considering whether to make an impact assessment conservation order, the Minister must, so far as is practicable, ensure that the prohibitions, restrictions and requirements in the order will, consistent with the principles of ecologically sustainable development, minimise any significant adverse social and economic impacts, while ensuring that they:
(a)
are consistent with furthering the objects of this Act; and
(b)
adequately address themselves to the grounds on which the order is made.

82Procedure for making impact assessment conservation orders

(1)
Before making an impact assessment conservation order, the Minister:
(a)
must seek the Director’s advice on whether it should be made; and
(b)
may have regard to any advice of the Advisory Committee on whether it should be made.
(2)
The Minister is not required, before making the order, to give notice of his or her intention to make the order to any person who will be affected by the order.
(3)
Subsection (2) does not prevent the Minister from giving such notice if he or she thinks fit.

83Duration of impact assessment conservation orders

(1)
Subject to subsection (2), an impact assessment conservation order comes into force:
(a)
if a commencement day is specified in the order—on that day; or
(b)
otherwise—immediately after it is made.
(2)
If the day on which the order would come into force under subsection (1) is earlier than the day on which the Department administered by the Minister is notified, under the EPIP administrative procedures, of the proposed action referred to in section 78, the order comes into force on the day the Department is so notified.
(3)
The order remains in force:
(a)
until the EPIP administrative procedures have been complied with in relation to the proposed action referred to in section 78, except so far as the procedures relate to review of environmental aspects of the proposed action; or
(b)
the order is revoked by the Minister;
whichever happens first.
(4)
In this section:
EPIP administrative procedures means the administrative procedures that are in force under section 6 of the Environment Protection (Impact of Proposals) Act 1974.

84Publication of impact assessment conservation orders

(1)
As soon as practicable after making an impact assessment conservation order, the Minister must inform the Director of the making of the order.
(2)
The Director must, as soon as practicable after being so informed:
(a)
cause to be published in the Gazette, in a daily newspaper circulating in each State in which are located Commonwealth areas to which the order relates, and in any other way required by the regulations, a notice containing a copy of the order; and
(b)
take reasonable steps to ensure that each Commonwealth agency that the Director knows would be affected by the order is given a copy of the order.
(3)
Failure to comply with this section does not affect the validity of the order.

Part 6—Obligations to protect species etc.

Do not delete: Division placeholder

85Outline of this Part

(1)
This Part imposes obligations on persons (particularly Commonwealth agencies) in order to:
(a)
protect listed native species and listed ecological communities; and
(b)
ensure the effectiveness of protective measures adopted under Parts 3 and 5.
(2)
Division 1 imposes obligations on all persons relating to:
(a)
contravention of conservation orders; and
(b)
protection of members of listed native species.
(3)
Division 2 provides for the Director, in limited circumstances, to issue permits allowing acts such as the taking of listed native species.
(4)
Division 3 imposes additional obligations on Commonwealth agencies relating to contravention of recovery plans, threat abatement plans and impact assessment conservation orders.
(5)
Division 4 concerns the Minister’s role in advising whether proposed actions breach obligations imposed by this Part.
(6)
Division 5 concerns repair of damage caused by breaching of this Act or its protective measures, and liability for the costs of repair.

Division 1—Obligations on persons generally

86Compliance with conservation orders

(1)
A person must not knowingly or recklessly contravene:
(a)
an interim conservation order; or
(b)
a permanent conservation order; or
(c)
an impact assessment order made under paragraph 79(1)(c).
Penalty: $50,000.
(2)
If a person believes that taking action that he or she proposes to take may contravene a particular interim conservation order or permanent conservation order, the person may seek the Minister’s advice under subsection 104(4) on whether the order would be contravened by taking that action.
(3)
The person does not contravene the order if he or she acts in accordance with advice given to him or her under subsection 104(4) to the effect that the order would not be contravened.

87Taking etc. listed native species

(1)
Subject to subsection (4), a person must not knowingly or recklessly take, trade, keep, or move any member of a listed native species that is in or on a Commonwealth area.
Penalty: $50,000.
(2)
Subject to subsection (4), a person must not knowingly or recklessly trade, keep or move any member of a listed native species that has been taken in or on a Commonwealth area.
Penalty: $50,000.
(3)
If a person carries out an activity that results, directly or indirectly, in the taking (otherwise than knowingly or recklessly) of one or more members of a listed native species in or on a Commonwealth area, the person must, as soon as practicable after becoming aware of the taking, give the Director a written notice that:
(a)
informs the Director that the activity resulted in the taking; and
(b)
contains such other particulars relating to the taking (for example, the time and place of the taking) as are specified in the regulations.
Penalty: $10,000.
(4)
This section does not apply to an act:
(a)
that is done in accordance with a permit issued by the Director under section 89; or
(b)
that is provided for in a recovery plan or threat abatement plan for the purposes of its implementation; or
(c)
that is done in accordance with a governmental approval given or made under:
(i)
the Great Barrier Reef Marine Park Act 1975; or
(ii)
the National Parks and Wildlife Conservation Act 1975; or
(iii)
the Wildlife Protection (Regulation of Exports and Imports) Act 1982; or
(iv)
the Whale Protection Act 1980; or
(d)
that is done by a Commonwealth agency or State agency and is reasonably necessary for the purposes of law enforcement.
(5)
In this section:
keep, in relation to a member of a listed native species, means:
(a)
in the case of a species of fauna—have charge or possession of the member of the species either in captivity or in a domesticated state; or
(b)
in the case of a species of flora—have possession of the member of the species.
member of a listed native species includes, in the case of a species of fauna, the whole or part of the dead body of a member of the species.
take includes kill, destroy, damage or collect.
trade includes:
(a)
buy, agree to receive under an agreement to buy, agree to accept under such an agreement or acquire by barter; or
(b)
sell, offer for sale, agree to sell, have in one’s possession for the purpose of sale, deliver for the purpose of sale, receive for the purpose of sale or dispose of by barter for the purpose of gain or advancement; or
(c)
export from Australia or import into Australia; or
(d)
cause or allow any of the acts referred to in paragraph (a), (b) or (c) to be done.

Division 2—Permits for taking etc. listed native species

88Application for permits

(1)
A person may apply in writing to the Director for a permit to be issued under section 89.
(2)
The application may be made:
(a)
on the applicant’s own behalf; or
(b)
on behalf of one or more other specified persons; or
(c)
on behalf of the members, from time to time, of a specified group of persons.
(3)
The application:
(a)
must be in the form prescribed by the regulations; and
(b)
must be accompanied by the fee prescribed by the regulations.
(4)
The fee prescribed by the regulations must not be such as to amount to taxation.

89Director may issue permits

(1)
Subject to this Division, the Director may, in writing, issue a permit to a person under which:
(a)
the person or persons on whose behalf the application for the permit was made; or
(b)
if the application was made on behalf of the members, from time to time, of a specified group of persons—any person who is, at the relevant time, a member of the group of persons specified in the permit;
the person or persons may do the acts specified in the permit without breaching section 87.
(2)
The Director may include in the permit any conditions to which the permit is subject, including (for example) conditions stating the period within which the acts specified in the permit may be done.
(3)
The Director must not issue the permit unless satisfied that the acts specified in the permit:
(a)
will significantly contribute to the conservation of the listed native species concerned or another listed native species; or
(b)
are merely incidental to other acts and will not:
(i)
appreciably reduce the survival or recovery in nature of the listed native species concerned; or
(ii)
be inconsistent with a recovery plan for the species that is in force; or
(c)
are of particular significance to Aboriginal or Torres Strait Islander tradition and will not appreciably reduce the survival or recovery in nature of the listed native species concerned; or
(d)
are necessary in order to control pathogens and are conducted in a way that will, so far as is practicable, keep to a minimum any impact on the listed native species concerned.
(4)
In this section:
Aboriginal means a member of the Aboriginal race of Australia.
Aboriginal or Torres Strait Islander tradition means the body of traditions, observances, customs and beliefs of Aboriginals and Torres Strait Islanders generally or of a particular group of Aboriginals or Torres Strait Islanders.
Torres Strait Islander means a descendant of an indigenous inhabitant of the Torres Strait Islands.

90Public consultation

(1)
The Director must, at intervals of not more than 12 months, cause to be published in the Gazette and in a national daily newspaper a notice inviting applications from persons or bodies wishing to be registered for receipt of advice on applications for permits.
(2)
The Director must register any person or body that applies in writing for registration.
(3)
Registration has effect for the period specified in the notice.
(4)
As soon as practicable after receiving an application under section 88, the Director must cause a notice of the application to be given to each person registered under this section.
(5)
The notice must:
(a)
state that an application for a permit has been made; and
(b)
set out details of the application; and
(c)
invite persons to make written submissions to the Director about whether a permit should be issued; and
(d)
specify:
(i)
an address for lodgment of submissions; and
(ii)
a day by which submissions must be lodged.
(6)
The day specified must not be a day occurring within 5 days after the last day on which the notice was given.
(7)
In making a decision on the application, the Director must consider all written submissions made by persons or bodies registered under this section to the Director on or before the day, and at the address for lodgment, specified in the notice.

91Deadline for making a decision

(1)
The Director must:
(a)
decide whether to issue, or refuse to issue, a permit; and
(b)
inform the applicant, by notice in writing, of the decision;
within 90 days after receiving the application.
(2)
The Director is taken to have made a decision to refuse the application if he or she has not informed the applicant of the decision on the application before the end of the period of 90 days.

Diuris venosa
Dodonaea rupicola
Drakaea elastica
Drakaea sp. confluens confluens Hopper & Brown ms.
Drakaea micrantha Hopper & Brown ms.
Drakaea sp. concolor Hopper & Brown ms.
Drakonorchis barbarella Hopper & Brown ms.
Drosera fimbriata
Drosera schizandra
Drummondita ericoides
Drummondita hassellii longifolia
Dryandra serratuloides
Ectrosia blakei
Ehretia microphylla
Eleocharis blakeana
Eleocharis obicis
Eleocharis retroflexa
Endiandra cooperiana
Endiandra floydii
Endiandra hayesii
Epacris aff. virgata
Epacris barbata
Epacris glabella
Epacris grandis
Epacris limbata
Epilobium brunnescens
Epilobium perpusillum
Eremophila subteretifolia
Eremophila barbata
Eremophila denticulata
Eremophila inflata
Eremophila microtheca
Eremophila racemosa
Eremophila resinosa
Eremophila ternifolia
Eremophila tetraptera
Eremophila virens
Eremophila viscida
Eremophila prostrata Chinnock ms.
Eriocaulon australasicum
Eriocaulon pusillum
Eriostemon ericifolius
Eriostemon sp. (L.J. Brass 19483; Mt Tozer)
Eriostemon wonganensis
Erythranthera pumila
Eucalyptus articulata Brooker & Hopper ms.
Eucalyptus leprophloia Brooker & Hopper ms.
Eucalyptus aquatica
Eucalyptus argophloia
Eucalyptus argutifolia
Eucalyptus balanites
Eucalyptus beardiana
Eucalyptus bennettiae
Eucalyptus benthamii
Eucalyptus blaxellii
Eucalyptus brevipes
Eucalyptus burdettiana
Eucalyptus cadens
Eucalyptus camfieldii
Eucalyptus ceracea
Eucalyptus cerasiformis
Eucalyptus coronata
Eucalyptus crispata
Eucalyptus crucis
Eucalyptus erectifolia
Eucalyptus glaucina
Eucalyptus goniantha goniantha
Eucalyptus hallii
Eucalyptus imlayensis
Eucalyptus infera
Eucalyptus insularis
Eucalyptus johnsoniana
Eucalyptus kabiana Johnson & Hill ms.
Eucalyptus kartzoffiana
Eucalyptus langleyi
Eucalyptus lansdowneana
Eucalyptus latens
Eucalyptus lateritica
Eucalyptus leptoloma
Eucalyptus macrorrhyncha cannonii
Eucalyptus mckieana
Eucalyptus merrickiae
Eucalyptus mooreana
Eucalyptus nicholii
Eucalyptus olivacea Brooker & Hopper m.s.
Eucalyptus paedoglauca
Eucalyptus parramattensis decadens
Eucalyptus parvifolia
Eucalyptus pruiniramis
Eucalyptus pulverulenta
Eucalyptus pumila
Eucalyptus rameliana
Eucalyptus raveretiana
Eucalyptus rhodops
Eucalyptus robertsonii hamaespherica
Eucalyptus rubida barbigororum
Eucalyptus rubida canobolensis
Eucalyptus scoparia
Eucalyptus sp. (S.D. Hopper 2736; Norseman)
Eucalyptus steedmanii
Eucalyptus sturgissiana
Eucalyptus suberea
Eucalyptus synandra
Eucalyptus tetrapleura
Eucalyptus virens
Eucalyptus xanthope
Eucryphia sp. (M. Goodwin C1158; Mt Bartle Frere)
Euphrasia amphisysepala
Euphrasia bella
Euphrasia eichleri
Euphrasia phragmostoma
Euphrasia semipicta
Floydia praealta
Fontainea australis
Fontainea rostrata
Fontainea venosa
Gastrolobium appressum
Gastrolobium tomentosum
Gentiana bredboensis
Germainia capitata
Glycine latrobeana
Gnaphalium nitidulum
Goodenia megasepala
Goodenia quadrifida
Grammitis reinwardtii
Graptophyllum excelsum
Graptophyllum ilicifolium
Grevillea caleyi
Grevillea cirsiifolia
Grevillea dryandroides
Grevillea evansiana
Grevillea glossadenia
Grevillea inconspicua
Grevillea infecunda
Grevillea infundibularis
Grevillea involucrata
Grevillea kennedyana
Grevillea prostrata
Grevillea rivularis
Grevillea saccata
Grevillea scortechinii
Grevillea shiressii
Grevillea treueriana
Grevillea venusta
Gymnema brevifolium
Habenaria propinquior
Habenaria xanthantha
Hakea megalosperma
Hakea pulvinifera
Hakea sp. (C. Sandercoe 507; Mariala Scientific Reserve)
Hakea sp. (M. Doherty 17-24; Kowmung River)
Haloragis exalata
Halosarcia bulbosa
Halosarcia flabelliformis
Helicteres sp. (N. Byrnes 1280; Glenluckie Creek)
Hemiandra gardneri
Hemiandra rutilans
Hemigenia viscida
Hensmania chapmanii
Hexaspora pubescens
Hibbertia bracteosa
Hibbertia crispula
Hicksbeachia pinnatifolia
Hodgkinsonia frutescens
Homoranthus darwinioides
Homoranthus decumbens
Homoranthus montanus
Homoranthus porteri
Huperzia lockyeri
Huperzia marsupiiformis
Huperzia phlegmarioides
Huperzia prolifera
Hydrocharis dubia
Hydrocotyle lemnoides
Idiospermum australiense
Indigofera efoliata
Ipomoea (A83192)
Isopogon fletcheri
Ixodia achillaeoides arenicola
Jagera javanica
Jedda multicaulis
Kelleria laxa
Kennedia beckxiana
Kennedia glabrata
Kennedia macrophylla
Kennedia retrorsa
Kunzea cambagei
Lasiopetalum longistamineum
Lasiopetalum micranthum
Lastreopsis walleri
Lawrencia buchananensis
Laxmannia jamesii
Lechenaultia chlorantha
Lechenaultia laricina
Lechenaultia pulvinaris
Lechenaultia superba
Lepidium pseudo-papillosum
Leptorhynchos gatesii
Leptospermum deanei
Leptospermum thompsonii
Leucopogon blakei
Leucopogon cuspidatus
Leucopogon exolasius
Leucopogon obtectus
Limosella granitica
Lindsaea pulchella
Livistona drudei
Livistona mariae
Logania diffusa
Logania insularis
Macadamia integrifolia
Macadamia ternifolia
Macadamia tetraphylla
Macadamia sp. (B. Hyland 3102; Iron Range)
Macropteranthes montana
Macrozamia macdonnellii
Maireana cheelii
Maireana melanocarpa
Malacocera gracilis
Medicosma elliptica
Medicosma obovata
Melaleuca groveana
Melaleuca kunzeoides
Melaleuca sciotostyla
Mesua sp. (A.K. Irvine 1218; Boonjee)
Microcorys eremophiloides
Microlepidium alatum
Micromyrtus blakelyi
Micromyrtus minutiflora
Microstrobos fitzgeraldii
Microtis globula
Minuria tridens
Myoporum cordifolium
Myoporum latisepalum
Myriophyllum coronatum
Myriophyllum implicatum
Myriophyllum porcatum
Neisosperma kilneri
Newcastelia velutina
Nicotiana burbidgeae
Notelaea lloydii
Olearia astroloba
Olearia macdonnellensis
Olearia pannosa pannosa
Oreodendron biflorum
Oreoporanthera petalifera
Owenia cepiodora
Ozothamnus eriocephalus
Ozothamnus tesselatus
Parasarcochilus hirticalcar
Paspalidium grandispiculatum
Persicaria elatior
Persoonia acerosa
Persoonia amalieae
Persoonia glaucescens
Persoonia marginata
Phaius australis
Phaius tancarvilliae
Phebalium equestre
Phebalium lowanense
Phebalium ralstonii
Phebalium rhytidophyllum
Phebalium sympetalum
Phebalium whitei
Phyllota humifusa
Picris evae
Pimelea leptospermoides
Pimelea spinescens spinescens
Pimelea venosa
Pityrodia augustensis
Plectranthus gratus
Pleuropappus phyllocalymmeus
Plinthanthesis rodwayi
Poa sallacustris
Polyscias bellendenkerensis
Pomaderris brunnea
Pomaderris clivicola
Pomaderris halmaturina halmaturina
Pomaderris pallida
Pomaderris parrisiae
Pomaderris sericea
Pomaderris subplicata
Pomatocalpa marsupiale
Prasophyllum frenchii
Prasophyllum morganii
Prasophyllum pallidum
Prasophyllum truncatum
Prasophyllum validum
Prasophyllum wallum
Pratia irrigua
Prostanthera calycina
Prostanthera carrickiana
Prostanthera cineolifera
Prostanthera cryptandroides
Prostanthera densa
Prostanthera discolor
Prostanthera magnifica
Prostanthera sp. (C. Sandercoe C1256; Mt Tinbeerwah)
Prostanthera sp. (D.M. Gordon 84; Dunmore)
Prostanthera stricta
Prostanthera teretifolia
Pterostylis bicornis
Pterostylis cucullata
Pterostylis pulchella
Pterostylis cobarensis
Pterostylis tenuissima
Ptilotus maconochiei
Pultenaea aristata
Pultenaea baeuerlenii
Pultenaea campbellii
Pultenaea glabra
Pultenaea parrisiae Briggs & Crisp ms.
Pultenaea parviflora
Pultenaea selaginoides
Pultenaea setulosa
Pultenaea sp.1 (W. of Wadbilliga trig)
Pultenaea stuartiana
Pultenaea villifera glabrescens
Pultenaea williamsoniana
Quassia bidwillii
Ranunculus anemoneus
Restio longipes
Rhagodia acicularis
Rhamphicarpa australiensis
Rhaphidospora bonneyana
Rhizanthella gardneri
Ricinocarpos gloria-medii
Ricinocarpos trichophorus
Ristantia gouldii
Ristantia pachysperma
Roycea pycnophylloides
Rulingia procumbens
Rulingia prostrata
Rutidosis heterogama
Rutidosis leiolepis
Sagina sp. (A.M. Buchanan 5115; Mt Anne)
Sarcochilus fitzgeraldii
Sarcochilus hartmannii
Sarcochilus weinthalii
Sauropus macranthus
Sclerolaena blakei
Sclerolaena walkeri
Senecio garlandii
Senecio laticostatus
Senecio macrocarpus
Senecio megaglossus
Solanum carduiforme
Solanum dunalianum
Sophora fraseri
Spathoglottis plicata
Sowerbaea subtilis
Spathoglottis plicata
Spirogardnera rubescens
Spyridium coactilifolium
Spyridium eriocephalum glabrisepalum
Spyridium leucopogon
Spyridium microphyllum
Spyridium obcordatum
Stackhousia annua
Stackhousia tryonii
Stawellia dimorphantha
Stemona angusta
Stipa metatoris
Stylidium galioides
Stylidium plantagineum
Swainsona laxa
Swainsona minutiflora
Swainsona murrayana
Swainsona plagiotropis
Swainsona pyrophila
Symplocos baeuerlenii
Symplocos sp. (W.J. MacDonald 3823; Imbil—Beenleigh)
Syzygium hodgkinsoniae
Syzygium moorei
Syzygium paniculatum
Syzygium velarum
Taraxacum cygnorum
Tasmannia glaucifolia
Tasmannia purpurascens
Tephrosia leveillei
Tetratheca aphylla
Tetratheca glandulosa
Tetratheca harperi
Tetratheca juncea
Thelymitra matthewsii
Thelymitra psammophila
Thelymitra stellata
Thesium australe
Thomasia montana
Thomasia sp. (A.S. George 8075; York)
Thryptomene wittweri
Tinospora tinosporoides
Toechima pterocarpum
Tribonanthes purpurea
Trichanthodium baracchianum
Trichoglottis australiensis
Trigonostemon inopinatus
Trymalium minutiflorum
Tylophora williamsii
Vanda hindsii
Verreauxia verreauxii
Verticordia creba
Verticordia helichrysantha
Verticordia staminosa
Villarsia calthifolia
Vittadinia sericea
Wahlenbergia glabra
Westringia davidii
Westringia parvifolia
Wrixonia schultzii
Wurmbea tubulosa
Wurmbea sp. (S.D. Hopper 5871; Cape Natwaliste)
Xanthostemon oppositifolius
Xanthostemon youngii
Xerothamnella parvifolia
Xyris sp. (G.J. Keighery 7951; Stirling Range)
ZGenus nov.1 sp. (B. Hyland 2519; Boonjee)
Zieria citriodora Armstrong ms.
Zieria collina
Zieria covenyi Armstrong ms.
Zieria granulata
Zieria ingramii Armstrong ms.
Zieria involucrata
Zieria murphyi
Zieria rimulosa
Zieria tuberculata Armstrong ms.
Zieria obovata (C.T. White) Armstrong ms.
Zieria verrucosa Armstrong ms.

Part 3—Species that are presumed extinct

Genus, species (subspecies, population)	Common Name
Animals
Fish
nil
Amphibians
nil
Reptiles
nil
Birds
Aplonis fusca		Norfolk Island Starling
Columba vitiensis godmanae		Lord Howe Pigeon
Cyanoramphus novaezelandiae erythrotis		Macquarie Island Parakeet
Cyanoramphus novaezelandiae subflavescens		Lord Howe Parakeet
Dasyornis broadbenti littoralis		South-western Rufous Bristlebird
Dromaius baudinianus		Kangaroo Island Emu
Dromaius minor		Dwarf Emu/King Island Emu
Drymodes superciliaris colcloughi		Roper River Scrub-robin
Gerygone insularis		Lord Howe Warbler
Hemiphaga novaeseelandiae spadicea		New Zealand Pigeon (Norfolk Island Race)
Lalage leucopyga leucopyga		Norfolk Island Long-tailed Triller
Nestor productus		Norfolk Island Kaka
Ninox novaeseelandiae albaria		Lord Howe Boobook Owl
Notornis alba		White Gallinule
Psephotus pulcherrimus		Paradise Parrot
Rallus pectoralis clelandi		Lewin’s Water Rail (western race)
Rallus philippensis maquariensis		Macquarie Island Rail
Rhipidura cervina		Lord Howe Fantail
Turdus xanthopus vinitinctus		Lord Howe Island Vinous-tinted Thrush
Zosterops strenua		Robust White-eye
Mammals
Caloprymnus campestris		Desert Rat-kangaroo
Chaeropus ecaudatus		Pig-footed Bandicoot
Conilurus albipes		White-footed Rabbit-rat
Lagorchestes asomatus		Central Hare-wallaby
Lagorchestes leporides		Eastern Hare-wallaby
Leporillus apicalis		Lesser Stick-nest Rat
Macropus greyi		Toolache Wallaby
Macrotis leucura		Lesser Bilby
Notomys amplus		Short-tailed Hopping-mouse
Notomys longicaudatus		Long-tailed Hopping-mouse
Notomys macrotis		Big-eared Hopping-mouse
Notomys mordax		Darling Downs Hopping-mouse
Onychogalea lunata		Crescent Nailtail Wallaby
Potorous platyops		Broad-faced Potoroo
Potorous tridactylus gilberti		Gilbert’s Potoroo
Pseudomys fieldi		Alice Springs Mouse
Pseudomys gouldii		Gould’s Mouse
Pteropus brunneus		Percy Island Flying Fox
Rattus macleari		Christmas Island Rat
Rattus nativitatus		Christmas Island Rat
Thylacinus cynocephalus		Thylacine
Plants
Acacia murrumboensis
Acacia prismifolia
Acacia volubilis
Acanthocladium dockeri
Acianthus ledwardii
Agrostis limitanea
Amphibromus whitei
Argentipallium spiceri
Beyeria lepidopetala
Caladenia atkinsonii
Caladenia pumila
Calothamnus accedens
Cassytha pedicellosa
Centrolepis caespitosa
Choristemon humilis
Coleanthera virgata
Deyeuxia drummondii
Deyeuxia lawrencei
Dicrastylis morrisonii
Eriostemon falcatus
Euphorbia carissoides
Euphrasia arguta
Euphrasia sp. (Rupp sn. —/9/1904; Tamworth)
Frankenia conferta
Frankenia decurrens
Frankenia parvula
Gentiana baeuerlenii
Glyceria drummondii
Grevillea divaricata
Gyrostemon reticulatus
Haloragis platycarpa
Hemigenia exilis
Hemigenia obtusa
Hutchinsia tasmanica
Hydatella leptogyne
Hymenophyllum whitei
Hypsela sessiliflora
Lasiopetalum rotundifolium
Lepidium drummondii
Lepidium peregrinum
Leptomeria dielsiana
Leptomeria laxa
Leucopogon cryptanthus
Leucopogon marginatus
Menkea draboides
Nemcia lehmannii
Oberonia attenuata
Olearia oliganthema
Opercularia acolytantha
Ozothamnus selaginoides
Persoonia prostrata
Phebalium lachnaeoides
Phlegmatospermum drummondii
Pimelea spinescens pubiflora
Platysace dissecta
Plectrachne bromoides
Prasophyllum subbisectum
Pseudanthus nematophorus
Ptilotus fasciculatus
Ptilotus pyramidatus
Rapanea sp. (J.H. Maiden & J.L. Boorman NSW 26751; North Coast)
Scaevola attenuata
Scaevola macrophylla
Schoenus natans
Senecio georgianus
Stylidium merrallii
Stylidium neglectum
Tetraria australiensis
Tetratheca elliptica
Tetratheca fasciculata
Thomasia gardneri
Tmesipteris lanceolata
Trachymene scapigera
Trianthema cypseloides

Schedule 2—Listed ecological communities

Section 16

(Currently no entries)

Schedule 3—Key threatening processes

Section 17

Predation by the European red fox (Vulpes vulpes)
Dieback caused by the root-rot fungus (Phytophthora cinnamoni)
Predation by feral cats
Competition and land degradation by feral rabbits
Competition and land degradation by feral goats

Schedule 4—Agreements between Australia and other countries

Sections 174 and 175

Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment signed at Tokyo on 6 February 1974.

Convention on Wetlands of International Importance especially as Waterfowl Habitat adopted on 2 February 1971 by the International Conference on the Conservation of Wetlands and Waterfowl held at Ramsar, Iran.

Convention on the Conservation of Migratory Species of Wild Animals signed at Bonn on 23 June 1979.

Convention on Conservation of Nature in the South Pacific, signed at Apia, Western Samoa on 12 June 1976.

Agreement between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds and their Environment (CAMBA) signed at Canberra on 20 October 1986.

Convention for the Protection of the Natural Resources and Environment of the South Pacific (the SPREP Convention) signed at Noumea on 24 November 1986.

Notes to the Endangered Species Protection Act 1992

Note 1

The Endangered Species Protection Act 1992 as shown in this compilation comprises Act No. 194, 1992 amended as indicated in the Tables below.

The Endangered Species Protection Act 1992 was amended by Declarations made under subsection 18(1) of the Act. [see Note 2]

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Endangered Species Protection Act 1992	194, 1992	21 Dec 1992	30 Apr 1993 (see Gazette 1993, No. S46)
Environment, Sport and Territories Legislation Amendment Act 1994	113, 1994	16 Sept 1994	16 Sept 1994	—
Environment, Sport and Territories Legislation Amendment Act 1997	118, 1997	7 July 1997	Schedule 1 (items 23-26): Royal Assent (a)	Sch. 1 (item 26)
Audit (Transitional and Miscellaneous) Amendment Act 1997	152, 1997	24 Oct 1997	Schedule 2 (item 734): 1 Jan 1998 (see Gazette 1997, No. GN49) (b)	—
Environmental Reform (Consequential Provisions) Act 1999	92, 1999	16 July 1999	Schedule 1 (item 11) and Schedule 2 (items 1‑10): [see (c) and Note 3]	Sch. 1 (item 11) and Sch. 2 (items 2‑10) [see Note 3]
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Schedule 1 (items 416, 417): 5 Dec 1999 (see Gazette 1999, No. S584) (d)	—

(a) The Endangered Species Protection Act 1992 was amended by Schedule 1 (items 23-26) only of the Environment, Sport and Territories Legislation Amendment Act 1997, subsection 2(1) of which provides as follows:
(1)
Subject to subsections (2), (3) and (4), this Act commences on the day on which it recieves the Royal Assent.
(b) The Endangered Species Protection Act 1992 was amended by Schedule 2 (item 734) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:
(2)
Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.
(c) The Endangered Species Protection Act 1992 was amended by Schedule 2 (item 1) only of the Environmental Reform (Consequential Provisions) Act 1999, subsection 2(1) of which provides as follows:
(1)
Subject to this section, this Act commences when the Environment Protection and Biodiversity Conservation Act 1999 commences. [see Note 3]
(d) The Endangered Species Protection Act 1992 was amended by Schedule 1 (items 416 and 417) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1)
In this Act, commencing time means the time when the Public Service Act 1999 commences.

(2)
Subject to this section, this Act commences at the commencing time.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 4 .........................................	am. No. 113, 1994; No. 118, 1997; No. 146, 1999
S. 6 .........................................	am. No. 118, 1997
S. 24 .......................................	am. No. 118, 1997
S. 49.........................................	am. No. 152, 1997
S. 138.......................................	am. No. 113, 1994

Note 2

The Endangered Species Protection Act 1992 was amended by Declarations made under subsection 18 (1) of the Act. The following is a listing of the Declarations notified in the Government Notices Gazette:

GN 18 11 May 1994
GN 21 1 June 1994
GN 22 8 June 1994
GN 25 28 June 1995
GN 31 9 August 1995 pp. 3099–3100
GN 18 8 May 1996 pp. 1329–1331
GN 33 20 August 1997 pp. 2344–2347
GN 39 1 October 1997 p. 2712
GN 5 4 February 1998 pp. 388–399
GN 9 4 March 1998 p. 642
GN 30 29 July 1998 pp. 2591, 2592
GN 38 23 September 1998 p. 3165
GN 44 4 November 1998 p.3533
GN 8 24 February 1999 p. 503
GN 29 21 July 1999 p. 2161
GN 44 3 November 1999 pp. 3866–3872
GN 51 22 December 1999 p. 4247
GN 2 19 January 2000 pp. 82–86

Note 3

Environmental Reform (Consequential Provisions) Act 1999 (No. 92, 1999)

The following amendments and provisions commence when the Environment Protection and Biodiversity Conservation Act 1999 (No. 91 of 1999) comes into operation (16 July 2000 if not proclaimed earlier):

Schedule 1

11
Parts 3 and 13 of the new Act do not apply to acts allowed by permit under Endangered Species Protection Act
If a permit in force under the Endangered Species Protection Act 1992 immediately before the commencement of the new Act allowed a person to do an act, Parts 3 and 13 of the new Act do not apply to the doing of the act by the person during the period for which the permit continues in force because of Part 2 of Schedule 2 to this Act.

Schedule 2

Part 1—Repeal

The whole of the Act

Repeal the Act.

Part 2—Saving and transitional provisions

Definitions

In this Part:
new Act means the Environment Protection and Biodiversity Conservation Act 1999.
Species Act means the Endangered Species Protection Act 1992.
3
Listing of species, ecological communities and key threatening processes
Application
(1) Subitems (2) and (3) apply if, immediately before the commencement of the new Act:
(a)
an item had been nominated by a person under section 25 of the Species Act for inclusion in a list in Schedule 1, 2 or 3 to that Act; and
(b)
the Minister administering that Act had not:
(i)
added the item to the list; or
(ii)
decided not to add the item to the list.
Nominated item to be dealt with under new Act
(2) The person is taken to have nominated the item under subsection 191(1) of the new Act, as shown in the following table.

Purposes for which person is taken to have nominated item
Item	Description of item nominated under Species Act	Purposes for which person is taken to have nominated item
1	Species nominated for inclusion in the list in Part 1 of Schedule 1 to the Species Act	For inclusion in the category of the list mentioned in paragraph 178(1)(d) of the new Act
2	Species nominated for inclusion in the list in Part 2 of Schedule 1 to the Species Act	For inclusion in the category of the list mentioned in paragraph 178(1)(e) of the new Act
3	Species nominated for inclusion in the list in Part 3 of Schedule 1 to the Species Act	For inclusion in the category of the list mentioned in paragraph 178(1)(a) of the new Act
4	Ecological community	For inclusion in the category of the list mentioned in paragraph 181(1)(b) of the new Act
5	Threatening process	For inclusion in the list mentioned in section 183 of the new Act

Time limit for Scientific Committee to deal with nomination
(3) Subsection 189(4) of the new Act applies in relation to a nominated species or ecological community as if the Threatened Species Scientific Committee had received the nomination under section 191 of that Act from the Minister administering that Act on the later of the following days (or either of them if the days are the same):
(a)
the day the nomination was made under the Species Act;
(b)
the day 6 months before the commencement of the new Act.
Scientific Committee taken to have given advice under new Act

(4) If:

(a)
in performing its function under paragraph 159(1)(a) of the Species Act, the Endangered Species Scientific Subcommittee advised the Minister administering the Species Act to add an item to, or delete an item from, a list in a Schedule to that Act; and
(b)
that Minister had not made a decision on the addition or deletion of the item before the commencement of the new Act;
the Threatened Species Scientific Committee is taken to give corresponding advice under section 189 of the new Act to the Minister administering the new Act on the day on which the relevant list mentioned in the third column of the table in subitem (5) is established.
What is corresponding advice?
(5) The table shows what is corresponding advice taken to have been given by the Threatened Species Scientific Committee.

Corresponding advice
Item	Advice given by Endangered Species Scientific Subcommittee	Corresponding advice taken to be given by Threatened Species Scientific Committee
1	To add a species to the list in Part 1 of Schedule 1 to the Species Act	To include the species in the category of the list mentioned in paragraph 178(1)(d) of the new Act
2	To delete a species from the list in Part 1 of Schedule 1 to the Species Act	To delete the species from the category of the list mentioned in paragraph 178(1)(d) of the new Act
3	To add a species to the list in Part 2 of Schedule 1 to the Species Act	To include the species in the category of the list mentioned in paragraph 178(1)(e) of the new Act
4	To delete a species from the list in Part 2 of Schedule 1 to the Species Act	To delete the species from the category of the list mentioned in paragraph 178(1)(e) of the new Act
5	To add a species to the list in Part 3 of Schedule 1 to the Species Act	To include the species in the category of the list mentioned in paragraph 178(1)(a) of the new Act
6	To delete a species from the list in Part 3 of Schedule 1 to the Species Act	To delete the species from the category of the list mentioned in paragraph 178(1)(a) of the new Act
7	To add an ecological community to the list in Schedule 2 to the Species Act	To include the ecological community in the category of the list mentioned in paragraph 181(1)(b) of the new Act
8	To delete an ecological community from the list in Schedule 2 to the Species Act	To delete the ecological community from the category of the list mentioned in paragraph 181(1)(b) of the new Act
9	To add a threatening process to the list in Schedule 3 to the Species Act	To include the threatening process in the list mentioned in section 183 of the new Act
10	To delete a threatening process from the list in Schedule 3 to the Species Act	To delete the threatening process from the list mentioned in section 183 of the new Act

Minister may ask Scientific Committee to review advice
(6) The Minister administering Division 1 of Part 13 of the new Act may request the Threatened Species Scientific Committee to review the Endangered Species Scientific Subcommittee’s advice described in subitem (4), and report to that Minister on the review, within 3 months. If that Minister does so:
(a)
the Committee is not taken to have given corresponding advice as described in that subitem; and
(b)
subsections 189(2) and (3) of the new Act apply in relation to the Committee as if that Minister had sought the Committee’s advice under subsection 189(1) of that Act in relation to the matter that was the subject of the Subcommittee’s advice; and
(c)
subsections 189(5) and (6) of the new Act apply as if the Committee’s report were advice to that Minister.
Time limit for Minister to request review
(7) The Minister must not make a request for review of advice to add an item to, or delete an item from, a list more than 90 days after the day on which the relevant list mentioned in the third column of the table in subitem (5) is established.
Relationship between subitems
(8) Subitem (6) has effect despite subitems (3) and (4).
4
Continuation of recovery plans and threat abatement plans
Continuation of recovery plans
(1) A recovery plan or threat abatement plan that was approved or adopted under the Species Act and was in force under that Act immediately before the commencement of the new Act has effect for the purposes of the new Act as if the plan had been made or adopted under the new Act.
Review of continued plans
(2) Subsection 279(2) of the new Act applies in relation to the plan as if the intervals were measured from the day the plan was adopted or approved under the Species Act.
Continued plan need not deal with certain matters before review
(3) This item has effect in relation to a plan before the first review of the plan under section 279 of the new Act, even if the plan does not comply with subsection 270(2) or 271(2) (as appropriate) of the new Act.
5
Continued preparation of recovery plans and threat abatement plans
(1) If, before the commencement of the new Act, the Director had complied with section 39 of the Species Act in relation to a draft plan and the Minister administering that Act had not approved the plan under that Act, the Minister administering the new Act need not comply with section 275 of the new Act before making a plan under Subdivision A of Division 5 of Part 13 of the new Act that is based on the draft plan.
(2) The Minister administering the new Act may make the plan even if he or she has not received advice described in paragraph 274(1)(b) of the new Act.

Conservation agreements

For the purposes of the new Act, a conservation agreement made under the Species Act has effect as if:
(a)
it had been made under the new Act; and
(b)
any reference in it to the Director (as defined in the Species Act) were a reference to the Minister administering the new Act.

Conservation orders

Continuation of permanent and interim conservation orders
(1) For the purposes of the new Act, a permanent conservation order or interim conservation order in force under the Species Act immediately before the commencement of the new Act has effect as if it were a conservation order made under Division 13 of Part 17 of the new Act.
Expiry of interim conservation orders
(2) However, an interim conservation order does not have effect after the last day on which it could have had effect under the Species Act if the Species Act had not been repealed.
Reconsideration of permanent and interim conservation orders

(3) If, before the commencement of the new Act:

(a)
the Minister administering the Species Act made a permanent conservation order or an interim conservation order under the Species Act; and
(b)
a person applied to that Minister under the Species Act for reconsideration of the order or for reconsideration of a decision on review of the order; and
(c)
that Minister had not confirmed, varied or revoked the order or decision;
that Minister must not confirm, vary or revoke the order or decision, despite section 8 of the Acts Interpretation Act 1901.
Minister’s advice about conservation orders
(4) For the purposes of the new Act, advice given under Division 4 of Part 6 of the Species Act by the Minister administering the Species Act in relation to a permanent conservation order or an interim conservation order has effect as if it had been given under Division 13 of Part 17 of the new Act.
Continuation of impact assessment conservation orders
(5) Despite the repeal of the Species Act, an impact assessment conservation order that was in force under the Species Act immediately before its repeal continues to have effect in relation to an action to which Part 3 of the new Act does not apply because of item 4, 5 or 8 of Schedule 1 to this Act as if the following provisions had not been repealed:
(a)
Division 3 of Part 5 of the Species Act;
(b)
the other provisions of the Species Act, so far as they relate to impact assessment conservation orders.
Modification of provisions of Species Act
(6) The provisions mentioned in paragraphs (5)(a) and (b) apply for the purposes of subitem (5) as if:
(a)
a reference in those provisions to the Director were a reference to the Secretary to the Department administering Division 13 of Part 17 of the new Act; and
(b)
a reference in those provisions to the Minister were a reference to the Minister administering that Division; and
(c)
a reference in those provisions to the Environment Protection (Impact of Proposals) Act 1974 were a reference to that Act as it continues to apply because of Part 2 of Schedule 3 to this Act; and
(d)
a reference in those provisions to the EPIP administrative procedures were a reference to the Administrative Procedures that apply because of Part 2 of Schedule 3 to this Act.

Permits

(1) Despite the repeal of the Species Act:

(a)
a permit that was issued under that Act and was in force immediately before the repeal of that Act continues in force for the period for which it would have been in force if that Act had not been repealed; and
(b)
that Act (as in force immediately before its repeal) continues to operate in relation to the permit and the action covered by the permit as if:
(i)
references in that Act to the Director were references to the Secretary to the Department administering Division 1 of Part 13 of the new Act; and
(ii)
references in the Species Act to the Minister were a reference to the Minister administering that Division.

(2) If, before the commencement of the new Act:

(a)
a person applied under the Species Act to the Minister administering that Act for reconsideration of a decision by the Director relating to a permit under the Species Act; and
(b)
that Minister had not confirmed, varied or revoked the decision;
that Minister must not confirm, vary or revoke the order or decision, despite subitem (1) and section 8 of the Acts Interpretation Act 1901.
9
AAT review of advice relating to conservation orders
(1) This item extends subsection 43(1) of the Administrative Appeals Tribunal Act 1975 for the purposes of an application made at any time to the Administrative Appeals Tribunal (in accordance with that Act) for review of a decision by the Minister administering the Species Act to give advice under Division 4 of Part 6 of the Species Act.
Note: Subsection 25(7) of the Administrative Appeals Tribunal Act 1975 allows the President of the Administrative Appeals Tribunal to specify a person to take the place of the Minister administering the Species Act in proceedings after the repeal of the Species Act.
(2) Without limiting subsection 43(1) of the Administrative Appeals Tribunal Act 1975, the Tribunal may:
(a)
exercise the powers and discretions of the Minister administering the new Act for the purpose of varying the decision of the Minister administering the Species Act or substituting another decision for the decision of the Minister administering the Species Act; or
(b)
remit the matter to the Minister administering the new Act for consideration in accordance with any directions or recommendations of the Tribunal.

Inventories and surveys

Inventories of species and communities on land
(1) An inventory prepared under section 165 of the Species Act for an area has effect for the purposes of the new Act as if it had been prepared under section 172 of the new Act.
Surveys of species in marine areas
(2) A survey prepared under section 166 of the Species Act for an area has effect for the purposes of the new Act as if it had been prepared under section 173 of the new Act.
Certain obligations not affected
(3) This item does not affect the obligations under the new Act of the Minister administering that Act to prepare an inventory or survey of the following in an area:
(a)
listed threatened ecological communities (except communities included in the endangered category of the list mentioned in section 181 of the new Act);
(b)
listed migratory species;
(c)
listed marine species.

As at 20 January 2000 the amendments are not incorporated in this consolidation.

Table A

Application, saving or transitional provisions

Environment, Sport and Territories Legislation Amendment Act 1997 (No. 118, 1997)

Application of amendment made by item 25

The amendment made by item 25 does not apply to a decision under subsection 24(2) if the Scientific Subcommittee’s advice was received before the commencement of that item. In that case, the former 30 day limit continues to apply.