Environment Protection and Biodiversity Conservation Amendment Regulations 2010 (No. 1) (Cth)
Environment Protection and Biodiversity Conservation Amendment Regulations 2010 (No. 1)1
Select Legislative Instrument 2010 No. 100
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Environment Protection and Biodiversity Conservation Act 1999.
Dated 20 May 2010
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
PETER ROBERT GARRETT
Minister for Environment Protection, Heritage and the Arts
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Name of Regulations
These Regulations are the Environment Protection and Biodiversity Conservation Amendment Regulations 2010 (No. 1).
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Commencement
These Regulations commence on the day after they are registered.
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Amendment of Environment Protection and Biodiversity Conservation Regulations 2000
Schedule 1 amends the Environment Protection and Biodiversity Conservation Regulations 2000.
Schedule 1 Amendments
(regulation 3)
[1] Regulation 2A.01, heading
substitute
2A.01Criteria for accreditation of management arrangements for Commonwealth managed fisheries
[2] Subregulation 2A.01 (1)
omit
plan
insert
arrangement
[3] Subregulation 2A.01 (2)
omit each mention of
plan
insert
arrangement
[4] After subregulation 2A.01 (2)
insert
(2A)Paragraph (2) (c) does not apply to an amendment of an accredited management arrangement if the Minister:
(a)is satisfied that the actions approved in accordance with the amended arrangement will not have significantly greater impacts on the environment than actions approved in accordance with the existing arrangement; and
(b)has not made a determination under subsection 36A (1) of the Act in relation to the amendment.
[5] After regulation 2A.01
insert
2A.02Publication of determination about minor amendments to an accredited management arrangement or authorisation process
For subsection 36A (3) of the Act, a determination must be published at an appropriate location on the Internet.
2A.03Requirements for a declaration
For paragraph 37C (b) of the Act, the Minister may make a declaration under section 37A of the Act if he or she is satisfied that it meets the following requirements:
(a)an adequate assessment of the relevant impacts of actions which can be taken under the bioregional plan to which the declaration relates has been undertaken as part of the process for developing the bioregional plan;
(b)the bioregional plan addresses:
(i)the characteristics of the environment in which the actions will take place and which will be impacted by the actions; and
(ii)the identification of matters of national environmental significance likely to be affected by the actions, and the location and characteristics of those matters; and
(iii)identification of the relevant impacts of the action or actions; and
(iv)identification of feasible measures to prevent or mitigate relevant impacts of the action or actions;
(c)the bioregional plan adequately addresses the relevant impacts of actions which can be taken under the plan and details the measures which will be taken to ensure that there are no unacceptable or unsustainable impacts on a matter protected by Part 3 of the Act;
(d)any measures that the Minister may require as a condition of a declaration that are consistent with the bioregional plan;
Example
Environmental monitoring.
(e)the development of the bioregional plan included consultation with:
(i)the Australian community generally; and
(ii)groups who have a special interest in, or are especially affected by, the bioregional plan or actions which can be taken under the bioregional plan;
(f)the consultation included the release of a draft bioregional plan for public comment allowing at least 60 business days for the receipt of comments;
(g)the bioregional plan was revised taking into account any comments received.
2A.04Publication of a declaration or instrument
For subsection 37L (2) of the Act, a declaration made under section 37A of the Act or an instrument made under section 37K of the Act must be published:
(a)in the Gazette; and
(b)at an appropriate location on the Internet; and
(c)if the information is relevant to Norfolk Island, the Territory of Cocos-Keeling or the Territory of Christmas Island — in the Government Gazette of the relevant territory.
[6] Regulation 4.03, notes 1 and 2
omit
[7] After subregulation 4.03 (2), including the example
insert
(3)For subregulation (2), it would be unreasonable to expect the following classes of information to be included:
(a)information that is confidential;
(b)information that may endanger a species or site of environmental significance if disclosed.
Note 1 If the Minister believes on reasonable grounds that not enough information has been given for the Minister to decide whether the action is a controlled action, the Minister may ask for more information to be given — see section 76 of the Act.
Note 2 It is an offence to be reckless or negligent as to whether information provided under this regulation is false or misleading in a material particular — see section 489 of the Act.
[8] After regulation 4.03
insert
4.04Notice of proposal to take action to comply with requirement or request
(1)For paragraph 74AA (2) (c) of the Act, the notice must be:
(a)made in writing or electronically; and
(b)given to the Department.
(2)The notice must contain the following:
(a)the identification number allocated by the Department for the action;
(b)a brief description or a descriptive title for the action;
(c)the location of the action;
(d)the name of the person who proposes to take the action;
(e) the name of the designated proponent for the action;
(f)an explanation why the taking of the action is reasonably necessary in order to comply with a requirement or request made under Part 7, 8 or 9 of the Act.
[9] Before regulation 4A.01
insert in Part 4A
4AA.01Requirements for requests
(1)For paragraph 78A (2) (c) of the Act, the requirements mentioned in this regulation are specified.
(2)A request must:
(a)identify the ground or grounds in paragraphs 78 (1) (a) to (ca) of the Act that are being relied upon to make the request; and
(b)include the source of any information provided; and
(c)provide details of when the information became available.
(3)For a matter protected under Part 3 of the Act, a request in relation to paragraph 78 (1) (a) of the Act must also contain:
(a)any new information that was not considered when the original decision was made; and
(b)information that demonstrates that a change in the potential impacts of the action is likely to happen with a high degree of certainty.
(4)For a matter protected under Part 3 of the Act, ar request in relation to paragraph 78 (1) (aa) of the Act must also contain information that:
(a)identifies the changed circumstances; and
(b)establishes why the circumstances were unforseen at the time the original decision was made; and
(c)demonstrates that a change in the potential impacts of the action is likely to happen with a high degree of certainty.
(5)A request in relation to subparagraph 78 (1) (b) (ii) of the Act must also contain information that establishes that the action is not being taken, or will not be taken, in the manner identified in the original decision.
[10] Paragraph 4A.01 (1) (c)
before
Norfolk Island
insert
the Territory of
[11] Division 5.1
omit
[12] Paragraph 6.01 (c)
omit
1987;
insert
1987.
[13] Paragraph 6.01 (d)
omit
[14] Paragraph 6.02 (b)
omit
give;
insert
give.
[15] Paragraphs 6.02 (c) and (d)
omit
[16] After regulation 7.06
insert in Division 7.2
7.07Notice inviting comments on items in finalised priority assessment list
(1)For paragraph 194M (4) (a) of the Act, a notice under subsection 194M (1) of the Act must be published at an appropriate location on the Internet.
(2)For paragraph 194M (4) (b) of the Act, comments must be made in writing or electronically.
[17] Paragraph 7.08 (2) (d)
omit
action.
insert
action; and
[18] After paragraph 7.08 (2) (d)
insert
(e)the name, postal address and telephone number of the person who took the action.
[19] Before regulation 7.11
insert in Division 7.5
7.10APublication of notice
(1)For paragraph 269AA (8) (a) of the Act, a notice under paragraph 269AA (5) (b) of the Act must be published:
(a)at an appropriate location on the Internet; and
(b)in a daily newspaper that circulates in the relevant State or self-governing Territory.
(2)For paragraph 269AA (8) (b) of the Act, comments must be made in writing or electronically.
7.10BPublication of recovery plan decision
For subsection 269AA (9) of the Act, a notice must be published at an appropriate location on the Internet.
[20] Part 8, after the heading
omit
8.1 Interacting with cetaceans
insert
Division 8.1 Interacting with cetaceans
[21] Paragraph 8A.04 (1) (f)
before
Norfolk Island
insert
the Territory of
[22] Regulation 8A.09
before
Norfolk Island
insert
the Territory of
[23] Subregulation 9.03 (1), except the penalty
substitute
(1)A person must not take an action:
(a)that results in the death or injury of a member of a protected species; or
(b)that involves the taking, trading, keeping or moving of a member of a protected species.
[24] Paragraph 9.03 (4) (b)
omit
20.03
insert
20.05
[25] Paragraph 9.03 (4) (j)
omit
behaviour.
insert
behaviour; or
[26] After paragraph 9.03 (4) (j)
insert
(k)is declared by the Minister under paragraph 28 (2) (c) or subsection 28 (3) or (4) of the Act to be an action to which section 28 of the Act does not apply; or
(l)is an action in respect of which the Minister has granted an exemption to a specified person under subsection 158 (3) or 303A (3) of the Act.
[27] After regulation 9.03
insert
9.03APermit to carry out prohibited action
The Minister may issue a permit, in accordance with Part 17, authorising a person to carry out an action that is otherwise prohibited under this Part.
[28] Regulations 9A.02 and 9A.03
substitute
9A.02Export of personal or household effects
For subsection 303CC (6) of the Act, an export of a CITES specimen mentioned in Schedule 4A is taken to be an export of a personal or household effect if:
(a)the export is not of a kind mentioned in paragraph 3 (a) or (b) of Article VII of CITES; and
(b)trade in that kind of specimen will not have an adverse effect on the conservation status of a species or ecosystem; and
(c)the specimen:
(i)is the personal property of the person exporting it; and
(ii)is not being exported for commercial purposes; and
(d)the specimen was legally acquired; and
(e)at the time of export, the specimen:
(i)is worn, carried or included in the personal baggage of the person exporting it; or
(ii)is a part of a collection of the person’s household effects that is being moved.
9A.03Import of personal or household effects
For subsection 303CD (3) of the Act, an import of a CITES specimen mentioned in Schedule 4A is taken to be an import of a personal or household effect if:
(a)the import is not of a kind mentioned in paragraph 3 (a) or (b) of Article VII of CITES; and
(b)a permit is not required to export the specimen from the country where the specimen was taken from the wild; and
(c)the specimen:
(i)is the personal property of the person importing it; and
(ii)is not being imported for commercial purposes; and
(d)the specimen was legally acquired; and
(e)at the time of import, the specimen:
(i)is worn, carried or included in the personal baggage of the person importing it; or
(ii)is a part of a collection of the person’s household effects that is being moved; and
(f)the import is not of a kind mentioned in regulation 9A.04.
[29] Subregulation 9A.05 (4), notes 1 and 2
substitute
Note 1 Department of the Environment, Water, Heritage and the Arts, National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes, 2008, first edition, and National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Non-commercial Purposes, 2008, first edition, apply to the shooting of an animal of a species in the Macropodidae family.
Note 2 Department of the Environment, Water, Heritage and the Arts, Code of Practice on the Humane Treatment of Wild and Farmed Australian Crocodiles, 2009, first edition, imposes minimum standards for the humane treatment of wild and farmed crocodiles in Australia.
[30] Paragraph 9A.09 (b)
omit
in the country where the research is done
[31] Subregulation 9A.16 (1)
substitute
(1)For subsection 303FK (1) of the Act, a program is taken to be an approved captive breeding program if the Minister is satisfied that:
(a)each animal bred under the program is bred in captivity; and
(b)there are no reasons why the program should not be an approved captive breeding program.
(1A)In considering whether there are any reasons why the program should not be an approved captive breeding program, the Minister may consider whether the operator of the program:
(a)has, in the 10 years before the operator applies under subregulation (2) for a decision, been convicted of an offence mentioned in subregulation 9A.21A (1); or
(b)is subject to proceedings for an offence mentioned in subregulation 9A.21A (1).
(1B)If the Minister is satisfied about the matters mentioned in subregulation (1), the Minister must tell the operator of the program in writing.
[32] Subregulation 9A.16 (3)
substitute
(3)The application must include:
(a)enough information for the Minister to decide whether each live animal bred under the program is bred in captivity; and
(b)a declaration stating whether the applicant:
(i)has, in the 10 years before making the application, been convicted of an offence mentioned in subregulation 9A.21A (1); or
(ii)is subject to proceedings for an offence mentioned in subregulation 9A.21A (1).
[33] Subregulations 9A.17 (3) and (4)
substitute
(3)The application must include:
(a)enough information for the Minister to decide:
(i)whether each live animal bred under the program is bred in captivity; and
(ii)whether the program meets the CITES requirements for a CITES‑registered captive breeding program; and
(b)a declaration stating whether the applicant:
(i)has, in the 10 years before making the application, been convicted of an offence mentioned in subregulation 9A.21A (1); or
(ii)is subject to proceedings for an offence mentioned in subregulation 9A.21A (1).
(4)The Minister may apply to the CITES Secretariat to register the program if the Minister is satisfied that:
(a)each live animal bred under the program is bred in captivity; and
(b)the program meets the CITES requirements for a CITES‑registered captive breeding program; and
(c)there are no reasons why the program should not be registered with the CITES Secretariat as a captive breeding program.
(4A)In considering whether there are any reasons why the program should not be registered with the CITES Secretariat as a captive breeding program, the Minister may consider whether the applicant:
(a)has, in the 10 years before making the application, been convicted of an offence mentioned in subregulation 9A.21A (1); or
(b)is subject to proceedings for an offence mentioned in subregulation 9A.21A (1).
[34] Subregulation 9A.18 (1)
substitute
(1)For section 303FL of the Act, a program is taken to be an approved artificial propagation program if the Minister is satisfied that:
(a)each live plant propagated under the program is artificially propagated; and
(b)there are no reasons why the program should not be an approved artificial propagation program.
(1A)In considering whether there are any reasons why the program should not be an approved artificial propagation program, the Minister may consider whether the operator of the program:
(a)has, in the 10 years before the operator applies under subregulation (2) for a decision, been convicted of an offence mentioned in subregulation 9A.21A (1); or
(b)is subject to proceedings for an offence mentioned in subregulation 9A.21A (1).
(1B)If the Minister is satisfied about the matters mentioned in subregulation (1), the Minister must tell the operator of the program in writing.
[35] Subregulation 9A.18 (3)
substitute
(3)The application must include:
(a)enough information for the Minister to decide whether each live plant propagated under the program is artificially propagated; and
(b)a declaration stating whether the applicant:
(i)has, in the 10 years before making the application, been convicted of an offence mentioned in subregulation 9A.21A (1); or
(ii)is subject to proceedings for an offence mentioned in subregulation 9A.21A (1).
[36] Subregulation 9A.19 (1)
substitute
(1)For section 303FM of the Act, a program is taken to be an approved aquaculture program if the Minister is satisfied that:
(a)under the program:
(i)no further environmental authorisation (within the meaning given by subsection 43A (2) of the Act) is necessary to allow the action to be taken lawfully; and
(ii)collection of aquaculture species, for breeding, will not have an adverse effect on the conservation status of a species or ecosystem; and
(iii)environmental impacts are considered before aquaculture specimens may be released; and
(b)there are no reasons why the program should not be an approved aquaculture program.
(1A)In considering whether there are any reasons why the program should not be an approved aquaculture program, the Minister may consider whether the operator of the program:
(a)has, in the 10 years before the operator applies under subregulation (2) for a decision, been convicted of an offence mentioned in subregulation 9A.21A (1); or
(b)is subject to proceedings for an offence mentioned in subregulation 9A.21A (1).
[37] Subregulation 9A.19 (2)
omit
for a program
[38] After subregulation 9A.19 (2)
insert
(2A)A person may apply in writing to the Minister to make a decision under subregulation (1) about a program.
[39] After regulation 9A.21
insert
9A.21ARelevant offences
(1)For subregulation 9A.16 (1A), paragraphs 9A.16 (3) (b) and 9A.17 (3) (b), subregulations 9A.17 (4A) and 9A.18 (1A), paragraph 9A.18 (3) (b) and subregulation 9A.19 (1A), the offences are the following:
(a)offences under the Act or these Regulations;
(b)offences under any other law of the Commonwealth about the protection, conservation or management of native species or ecological communities;
(c)offences under section 6 of the Crimes Act 1914, or section 11.1, 11.4 or 11.5 of the Criminal Code, in relation to an offence mentioned in paragraph (a) or (b);
(d)offences under a law of a State or Territory about the protection, conservation or management of native species or ecological communities;
(e)offences, in relation to a law referred to in paragraph (d), under a provision of a law of a State or Territory that is equivalent to a provision mentioned in paragraph (c), or to section 11.1, 11.4 or 11.5 of the Criminal Code.
Note 1 Section 6 of the Crimes Act 1914 relates to an accessory to an offence.
Note 2 Section 11.1 of the Criminal Code relates to attempt; section 11.4 of the Code relates to incitement to commit an offence; section 11.5 relates to conspiracy to commit an offence. Under section 11.6 of the Code, a reference in a law of the Commonwealth to an offence includes the offences created by sections 11.1, 11.4 and 11.5. For offences of complicity and common purpose, and the commission of an offence by means of an innocent agency, see sections 11.2 and 11.3 of the Code.
(2)For subregulation (1), a person making a declaration is taken to have been convicted of an offence if, in the 10 years before making the application that includes the declaration, the person:
(a)has been charged with, and found guilty of, the offence but discharged without conviction; or
(b)has not been found guilty of the offence, but a court has taken the offence into account in passing sentence on the person for another offence.
[40] Part 10, heading
substitute
Part 10 Management principles for protected areas
[41] Part 10, Division 1, heading
substitute
Division 10.1 Australian World Heritage properties
[42] Part 10, Division 2, heading
substitute
Division 10.2 Managing National Heritage places
[43] After regulation 10.01B
insert
10.01BA Comments to Australian Heritage Council on finalised priority assessment list
For paragraph 324JG (4) (b) of the Act, comments must be in writing and address one or more of the following:
(a)whether the place meets any National Heritage criteria;
(b)if the place meets any National Heritage criteria — a statement about how it meets those criteria;
(c)whether the place should be included in the National Heritage List;
(d)any other matter upon which comment was invited by the Australian Heritage Council.
10.01BB Comments to Australian Heritage Council on listing of place under threat of significant adverse impact
For paragraph 324JN (3) (b) of the Act, comments must be in writing and address one or more of the following:
(a)whether the place meets any National Heritage criteria;
(b)if the place meets any National Heritage criteria — a statement about how it meets those criteria;
(c)whether the place should be included in the National Heritage List;
(d)any other matter upon which comment was invited by the Australian Heritage Council.
10.01BC Publication of Minister’s decision on listing of place under threat of a significant adverse impact
For subsection 324JQ (7) of the Act, a copy or summary of the instrument referred to in subsection 324JQ (1) of the Act must be published at an appropriate location on the Internet.
[44] Part 10, before Division 3
insert
Division 10.2A Adding additional values for National Heritage and Commonwealth Heritage places
10.01BD Purpose of Division
(1)For sections 324N and 341N of the Act, the regulations under this Division provide for:
(a)the specification in the National Heritage List of additional National Heritage values in relation to National Heritage places; and
(b)the specification in the Commonwealth Heritage List of additional Commonwealth Heritage values in relation to Commonwealth Heritage places.
(2)In this Division:
assessed value means a heritage value assessed by the Australian Heritage Council under regulation 10.01BF.
assessment completion time means the time specified under subregulation 10.01BE (2).
proposed value means a request by the Minister for an assessment of a heritage value under subregulation 10.01BE (1).
10.01BE Minister may request assessment of additional heritage values for National Heritage or Commonwealth Heritage places
(1)If the Minister considers that:
(a)a National Heritage place has, or may have, an additional National Heritage value; or
(b)a Commonwealth Heritage place has, or may have an additional Commonwealth Heritage value;
he or she may request the Australian Heritage Council to assess the additional heritage value for the National Heritage place or Commonwealth Heritage place.
(2)A request under subregulation (1) must set a time period for the completion of the assessment.
10.01BF Australian Heritage Council to assess additional heritage values and give assessments to Minister
(1)If the Minister has requested an assessment of a heritage value under subregulation 10.01BE (1), the Australian Heritage Council must, within the assessment completion time:
(a)make a written assessment of whether the proposed value meets any of the:
(i)National Heritage criteria (for a proposed value which relates to a National Heritage place); or
(ii)Commonwealth Heritage criteria (for a proposed value which relates to a Commonwealth Heritage place); and
(b)give to the Minister:
(i)the written assessment or a copy of it; and
(ii)a copy of any comments mentioned in paragraph (2) (a).
(2)In making an assessment under paragraph (1) (a), the Australian Heritage Council may, subject to subregulation (3);
(a)consider any comments received under subregulations (5) to (7); and
(b)request and consider information or advice from any source.
(3)In making an assessment, the Australian Heritage Council must only consider the matters mentioned in paragraph (1) (a).
(4)If, in making an assessment, the Australian Heritage Council considers that a proposed value might be an:
(a)additional National Heritage value for a National Heritage place; or
(b)additional Commonwealth Heritage value for a Commonwealth Heritage place;
the Council must comply with the requirements of subregulation (5).
(5)For subregulation (4), the Australian Heritage Council must:
(a)take all practicable steps:
(i)to identify each person who is an owner or occupier of all or part of the place; and
(ii)if the proposed value might be an indigenous heritage value — to identify each indigenous person who has rights or interests in all or part of the place; and;
(iii)to advise each person identified that the Council is assessing whether the proposed value meets any of the criteria mentioned in paragraph (1) (a); and;
(b)give persons advised at least 20 business days to comment in writing on the possible inclusion of the proposed value in the National Heritage List or Commonwealth Heritage List.
(6)If the Australian Heritage Council is satisfied that there are likely to be at least 50 persons identified in subparagraph (5) (a) (i), the Council may satisfy the requirements of subregulation (5) for those persons by including the information mentioned in subparagraph (5) (a) (iii) and paragraph (5) (b) in one or more of the following:
(a)advertisements in a newspaper, or newspapers, circulating in the area in which the place is located;
(b)letters addressed to ‘The owner or occupier’ and left at all the premises that are wholly or partly within the place;
(c)displays in public buildings at or near the place.
(7)If:
(a)the Australian Heritage Council considers that the place might have an indigenous heritage value; and
(b)there are indigenous persons who:
(i)have rights or interests in all or part of the place; and
(ii)are neither owners nor occupiers of all or part of the place; and
(c)the Council is satisfied that there is a body, or there are bodies, that can appropriately represent those indigenous persons in relation to those rights and interests;
the Council may satisfy the requirements of subregulation (4) for those indigenous persons by giving the information mentioned in subparagraph (5) (a) (iii) and paragraph (b) to that body or those bodies.
10.01BG Time by which assessments to be provided to Minister
(1)An assessment under subregulation 10.01BF (1) must be completed by the assessment completion time or by such time as extended by this regulation.
(2)The Australian Heritage Council may request the Minister to extend the assessment completion time (or that time as previously extended) if the Council considers that it needs more time to make the assessment.
(3)The Minister may, in response to a request under subregulation (2), extend the assessment completion time (or that time as previously extended) by such period as the Minister considers appropriate. However, the total length of all extensions must not be more than 5 years.
(4)An extension under subregulation (3) must be in writing.
(5)If the Minister grants an extension under this regulation, the Minister must publish particulars of the extension as he or she considers appropriate.
10.01BH Decision about inclusion of a value of a place in the National Heritage List or Commonwealth Heritage List
Minister to decide whether or not to include proposed additional value
(1)After receiving an assessment from the Australian Heritage Council under regulation 10.01BF, the Minister must:
(a)by instrument published in the Gazette, include in the National Heritage List, or the Commonwealth Heritage List, the assessed value for the National Heritage place, or Commonwealth Heritage place; or
(b) in writing, decide not to include the assessed value in the National Heritage List or Commonwealth Heritage List.
(2)Subject to subregulation (3), the Minister must comply with subregulation (1) within 90 business days after the day on which the Minister receives the assessment.
(3)The Minister may, in writing, extend or further extend the period for complying with subregulation (1).
(4)Particulars of an extension or further extension under subregulation (3) must be published at an appropriate location on the Internet.
(5)For the purpose of deciding what action to take under subregulation (1) about the assessed value, the Minister must have regard to:
(a)the assessment by the Australian Heritage Council under regulation 10.01BF; and
(b)any comments which were given to the Minister under subparagraph 10.01BF (1) (b) (ii); and
(6)For subregulation (5), the Minister may request and consider information or advice from any source.
Additional requirements if Minister decides to include value
(7)If the Minister includes the assessed value in the National Heritage List or the Commonwealth Heritage List, he or she must, within a reasonable time:
(a)take all practicable steps to:
(i)identify each person who is an owner or occupier of all or part of the place; and
(ii)advise each person identified that the assessed value has been included in the National Heritage List, or the Commonwealth Heritage List, for the place; and
(b)publish a copy of the instrument mentioned in paragraph (1) (a) at an appropriate location on the Internet.
(8)If the Minister is satisfied that there are likely to be at least 50 persons identified in subparagraph (7) (a) (i), the Minister may satisfy the requirements of paragraph (7) (a) for those persons by including the advice mentioned in that paragraph in one or more of the following:
(a)advertisements in a newspaper, or newspapers, circulating in the area in which the assessed place is located;
(b)letters addressed to ‘The owner or occupier’ and left at all the premises that are wholly or partly within the assessed place;
(c)displays in public buildings at or near the assessed place.
Additional requirements if the Minister decides not to include value
(9)If the Minister decides not to include the assessed value in the National Heritage List or the Commonwealth Heritage List, he or she must, within 10 business days after making the decision, publish the decision at an appropriate location on the Internet.
[45] Part 10, Division 3, heading
substitute
Division 10.3 Managing wetlands of international importance
[46] Part 10, Division 4, heading
substitute
Division 10.4 Managing Biosphere reserves
[47] Part 10, Division 5, heading
substitute
Division 10.5 Managing Commonwealth Heritage places
[48] After regulation 10.03AB
insert
10.03AC Comments to Australian Heritage Council on finalised priority assessment list
For paragraph 341JF (4) (b) of the Act, comments must be in writing and address one or more of the following:
(a)whether the place meets any Commonwealth Heritage criteria;
(b)whether the place meets any Commonwealth Heritage criteria and if so, how it meets those criteria;
(c)whether the place should be included in the Commonwealth Heritage List;
(d)any other matter upon which comment was invited by the Australian Heritage Council.
10.03AD Comments to Australian Heritage Council on listing of place under threat of a significant adverse impact
For paragraph 341JM (3) (b) of the Act, comments must be in writing and address one or more of the following:
(a)whether the place meets any Commonwealth Heritage criteria;
(b)whether the place meets any Commonwealth Heritage criteria and if so, how it meets those criteria;
(c)whether the place should be included in the Commonwealth Heritage List;
(d)any other matter upon which comment was invited by the Australian Heritage Council.
10.03AE Publication of Minister’s decision on listing of place under threat of a significant adverse impact
For subsection 341JP (7) of the Act, a copy or summary of the instrument referred to in subsection 341JP (1) must be published at an appropriate location on the Internet.
[49] Regulation 10.03C, note
omit
16.05A (5).
insert
16.05A (2).
[50] Part 10, Division 6, heading
substitute
Division 10.6 Australian IUCN reserves
[51] Regulation 12.03, heading
substitute
12.03Determinations and other decisions made by the Director
[52] Regulation 12.03, except the heading
omit everything before paragraph (a), insert
In making a determination, imposing a prohibition or restriction, or making a decision to approve or provide something, under this Part to control an activity in a Commonwealth reserve, the Director may take into account the possible effect of the activity, including whether the activity might:
[53] Paragraph 12.03 (f)
omit
persons.
insert
persons; or
[54] After paragraph 12.03 (f)
insert
(g)be inconsistent with a management plan in operation for the reserve.
[55] Paragraph 12.06 (1) (b)
after
inspector
insert
in the performance of his or her duties;
[56] Subparagraph 12.06 (1) (e) (ii)
omit
entitled by Aboriginal tradition
insert
entitled, by indigenous tradition governing the rights of that person with respect to that land,
[57] Subparagraph 12.06 (1) (g) (ii)
omit
is taken
insert
taken
[58] Paragraph 12.06 (1) (m)
substitute
(m)is carried out by a person at a particular time in accordance with a written or verbal direction:
(i)that is given to the person before or at the time the activity is to be carried out; and
(ii)that directs the person to carry out the activity at that time; and
(iii)that is given by:
(A)the Director; or
(B)a ranger or warden in the performance of his or her duties; or
(C)a police officer or an emergency services officer in the performance of his or her duties.
[59] After regulation 12.06
insert
12.06AStrict liability applies to being in a Commonwealth reserve for offences
In this Part, strict liability applies to the physical element of an offence that is constituted by the circumstance of being in a Commonwealth reserve.
Note For strict liability, see section 6.1 of the Criminal Code.
[60] Paragraph 12.07 (b)
substitute
(b)12.14 (Dumping of industrial waste);
(ba)12.14A (Dumping of domestic waste);
[61] Paragraph 12.07 (h)
substitute
(h)12.30 (Lighting fires in a total fire ban);
(ha)12.30A (Lighting fires);
[62] Paragraph 12.07 (o)
substitute
(o)12.41 (Use of roads or tracks by vehicles);
[63] Subregulation 12.09 (1)
after
subsection 354 (1)
insert
or section 354A
[64] Regulation 12.11
omit
A person
insert
(1)A person
[65] Regulation 12.11, after the penalty
insert
Note Subsection 354 (1) of the Act provides that a person must not do particular acts in a Commonwealth reserve except in accordance with a management plan in operation for the reserve. Section 354A of the Act sets out offences in relation to those particular acts.
(2)An offence against subregulation (1) is an offence of strict liability.
[66] Regulation 12.12, including the penalty
substitute
12.12Damaging, defacing features etc
A person commits an offence if the person, in a Commonwealth reserve, damages, defaces, obstructs, removes or interferes with:
(a)a natural feature; or
(b)an object, sign or structure; or
(c)a road or track.
Penalty: 50 penalty units.
[67] Regulation 12.13
omit
A person
insert
(1)A person
[68] Regulation 12.13, after the penalty
insert
Note Subsection 354 (1) of the Act provides that a person must not do particular acts in a Commonwealth reserve except in accordance with a management plan in operation for the reserve. Section 354A of the Act sets out offences in relation to those particular acts.
(2)An offence against subregulation (1) is an offence of strict liability.
[69] Regulation 12.14
substitute
12.14Dumping of industrial waste
(1)This regulation applies to the following industrial waste:
(a)solid material;
(b)liquid or gaseous material.
(2)For subregulation (1), industrial waste means unwanted by‑products from commercial, industrial or trade activities.
(3)A person commits an offence if the person discharges, disposes of or leaves in a Commonwealth reserve industrial waste mentioned in paragraph (1) (a).
Penalty: 50 penalty units.
(4)Subject to subregulation (5), a person commits an offence if the person discharges, disposes of, releases or leaves in a Commonwealth reserve industrial waste mentioned in paragraph (1) (b) if the discharge, disposal, release or leaving of the industrial waste is likely:
(a)to pollute the air, soil, water or a watercourse; or
(b)to be harmful to native species; or
(c)to be harmful or offensive to another person.
Penalty: 50 penalty units.
(5)A person may discharge, dispose of, release or leave material mentioned in subregulation (4) in a Commonwealth reserve if the person discharges, disposes of, releases or leaves the industrial waste in an area or a receptacle determined or provided for the purpose by the Director under regulation 12.14B.
(6)An offence against subregulation (3) or (4) is an offence of strict liability.
12.14ADumping of domestic waste
(1)This regulation applies to domestic waste including litter, dung and sewage.
(2)For subregulation (1), domestic waste means waste created by humans (other than industrial waste).
(3)Subject to subregulation (4), a person commits an offence if the person discharges, disposes of, releases or leaves in a Commonwealth reserve domestic waste if the discharge, disposal, release or leaving of the waste is likely:
(a)to pollute the air, soil, water or a watercourse; or
(b)to be harmful to native species; or
(c)to be harmful or offensive to another person.
Penalty: 50 penalty units.
(4)A person may discharge, dispose of, release or leave domestic waste in a Commonwealth reserve if the person discharges, disposes of, releases or leaves the domestic waste in an area or a receptacle determined or provided for the purpose by the Director under regulation 12.14B.
(5)An offence against subregulation (3) is an offence of strict liability.
12.14BWhere industrial or domestic waste may be dumped
(1)For regulations 12.14 and 12.14A, the Director may:
(a)determine that an area or a receptacle in a Commonwealth reserve may be used for the discharge, disposal of, release or leaving of industrial or domestic waste; or
(b)provide a receptacle in a Commonwealth reserve where industrial or domestic waste may be discharged, disposed of, released or left.
(2)The Director may determine conditions that apply to the discharge, disposal of, release or leaving of industrial or domestic waste in an area or a receptacle determined or provided under subregulation (1).
(3)If the Director determines or provides an area or a receptacle under subregulation (1) and that area or receptacle is on land, the Director must erect on that land at, or as near as practicable to, the area or receptacle a sign identifying the area or receptacle as an area or a receptacle that has been determined or provided.
(4)If the Director determines under subregulation (2) that any of the following conditions apply to the use of the area or receptacle, the sign mentioned in subregulation (3) must specify the conditions:
(a)that the area or receptacle is not to be used during a specified period;
(b)that the area or receptacle is to be used in a specified manner;
(c)the kinds of industrial or domestic waste that may, or may not, be discharged, disposed of, released or left in the area or receptacle.
(5)If:
(a)the Director determines or provides an area or a receptacle under subregulation (1); and
(b)that area or receptacle is not on land; and
(c)it is practical to do so;
the Director must erect on land as near as practicable to the area or receptacle a sign that complies with the requirements in subregulations (3) and (4).
(6)Notice of a determination under subregulation (1) must:
(a)be published in the Gazette; and
(b)state the location of the area or receptacle where waste may be discharged, disposed of, released or left; and
(c)state the conditions (if any) relating to the kinds of waste that may, or may not be discharged, disposed of, released or left.
[70] Subregulation 12.19 (1), except the penalty
substitute
(1)A person commits an offence if the person allows an animal owned by, or in the possession of, the person, to enter or remain in a Commonwealth reserve.
[71] Paragraph 12.19 (3) (c)
substitute
(c)taking a dead non-native animal or a dead native fish into a Commonwealth reserve as bait for fishing in accordance with a determination under subparagraph 12.35 (3) (b) (xii); or
(d)a person if the animal is confined to a vessel and the person is on the vessel in passage through a marine area.
[72] Subregulation 12.19 (5), except the penalty
substitute
(5)A person commits an offence if the person:
(a)takes the carcass of an animal into a Commonwealth reserve as food; and
(b)dismembers, disembowels or skins the carcass within 50 metres of an area of water in the reserve.
[73] After subregulation 12.19 (6)
insert
(7)An offence against subregulation (1), (4) or (5) is an offence of strict liability.
[74] After regulation 12.19
insert
12.19AOffences in relation to non‑native species
(1)A person commits an offence if:
(a)the person takes an action; and
(b)the action is taken in a Commonwealth reserve; and
(c)the action:
(i)results in the death or injury of a member of a non‑native species in the reserve; or
(ii)involves taking, trading, keeping or moving a member of a non‑native species in the reserve.
Penalty: 50 penalty units.
(2)However, subregulation (1) does not apply to a person who is permitted by these Regulations to take the action that:
(a)may result in the death or injury of a member of a non‑native species in the reserve; or
(b)involves taking, trading, keeping or moving a member of a non-native species in the reserve.
(3)An offence against subregulation (1) is an offence of strict liability.
12.19BOffences in relation to native species
(1)A person commits an offence if:
(a)the person takes an action; and
(b)the action is taken in a Commonwealth reserve; and
(c)the action:
(i)results in the death or injury of a member of a native species in the reserve; or
(ii)involves taking, trading, keeping or moving a member of a native species in the reserve.
Penalty: 50 penalty units.
Note Subsection 354 (1) of the Act provides that a person must not do particular acts in a Commonwealth reserve except in accordance with a management plan in operation for the reserve. Section 354A of the Act sets out offences in relation to those particular acts.
(2)Without limiting subregulation (1), a person commits an offence under that subregulation if the person takes an action that:
(a)causes disturbance or harm to the member of the native species; or
(b)causes disturbance or harm to the habitat of the native species.
(3)However, subregulation (1) does not apply to a person who is permitted by these Regulations to take the action that:
(a)may result in the death or injury of a member of a native species in the reserve; or
(b)involves taking, trading, keeping or moving a member of a native species in the reserve.
(4)An offence against subregulation (1) is an offence of strict liability.
12.19CComplying with a direction in relation to native species
(1)A ranger or warden may direct a person to cease an action in a Commonwealth reserve that may:
(a)result in the death or injury of a member of a native species in the reserve, or involve taking, trading, keeping or moving a member of a native species in the reserve; or
(b)cause disturbance or harm to a member of a native species in the reserve; or
(c)cause disturbance or harm to the habitat of a native species in the reserve.
(2)A person must comply with a direction given under subregulation (1).
Penalty: 50 penalty units.
(3)An offence against subregulation (2) is an offence of strict liability.
12.19DRemoval of shells
A person commits an offence if the person:
(a)takes in a Commonwealth reserve a shell that had been the outer covering of an animal; and
(b)removes the shell from the Commonwealth reserve.
Penalty: 20 penalty units.
[75] Subregulation 12.20 (1), except the penalty
substitute
(1)A person commits an offence if the person takes a plant into, or possesses a plant in, a Commonwealth reserve.
[76] Subregulation 12.20 (5)
omit
subregulation (4),
insert
subregulation (3),
[77] After subregulation 12.20 (5)
insert
(6)An offence against subregulation (1) is an offence of strict liability.
[78] Paragraphs 12.21 (2) (a) and (b)
before
township,
insert
Jabiru
[79] Subregulation 12.22 (1)
omit everything before paragraph (a), insert
(1)The Director may, in writing, direct a person to remove a plant that:
[80] Subregulation 12.23 (1), except the penalty
substitute
(1)A person commits an offence if the person enters or remains in a Commonwealth reserve, or a part of a Commonwealth reserve, in contravention of a prohibition or restriction imposed by the Director under subregulation (3).
[81] Subregulation 12.23 (2)
omit
land, in the part of the reserve entered, who is performing his or her duties as a member or officer.
insert
land who is performing his or her duties as a member or officer with respect to that land in the reserve.
[82] Subregulation 12.23 (3)
substitute
(3)For subregulation (1), the Director may prohibit or restrict all persons, or a specified class of persons, from entering or remaining in a Commonwealth reserve or a part of a Commonwealth reserve.
(3A)For subregulation (3), a prohibition or restriction may apply at all times, at specified times, or for a specified period.
[83] After regulation 12.23
insert
12.23AProhibited or restricted activity in a Commonwealth reserve
(1)A person commits an offence if the person engages in an activity, or an activity in a class of activities, in a Commonwealth reserve, or a part of a Commonwealth reserve, in contravention of a prohibition or restriction imposed by the Director under subregulation (3).
Penalty: 50 penalty units.
(2)If the reserve is a jointly managed reserve, subregulation (1) does not apply to a member or officer of a land council for indigenous people’s land who is performing his or her duties as a member or officer with respect to that land in the reserve.
(3)For subregulation (1), the Director may prohibit or restrict all persons, or a specified class of persons, from engaging in an activity, or an activity in a class of activities, in a Commonwealth reserve or part of a Commonwealth reserve.
(4)For subregulation (3), a prohibition or restriction may apply at all times, at specified times, or for a specified period.
(5)Notice of a prohibition or restriction must be published, unless the prohibition or restriction is in relation to an emergency or meteorological conditions that:
(a)may endanger public safety; and
(b)were not known in sufficient time for publication.
[84] After subregulation 12.25 (2), including the penalty
insert
(3)An offence against subregulation (2) is an offence of strict liability.
[85] Regulation 12.26
substitute
12.26Adventurous activity
(1)In this regulation, adventurous activity means:
(a)climbing, abseiling on, or jumping from, a rock face; or
(b)bungee jumping or BASE-jumping; or
(c)hang gliding or paragliding; or
(d)an activity determined by the Director under subregulation (4) to be an adventurous activity.
(2)A person commits an offence if:
(a)the person carries out an adventurous activity in an area of a Commonwealth reserve; and
(b)the area is not provided for the activity in a determination made by the Director under subregulation (5).
Penalty: 30 penalty units.
(3)A person commits an offence if:
(a)the person carries out an adventurous activity in an area of a Commonwealth reserve that is provided for the activity in a determination made by the Director under subregulation (5); and
(b)the person contravenes a condition specified in a determination made by the Director under subregulation (5) for carrying out the activity in the area.
Penalty: 30 penalty units.
(4)For paragraph (d) of the definition of adventurous activity, the Director may determine that an activity is an adventurous activity.
(5)The Director may determine one or more of the following:
(a)that an adventurous activity may be carried out in a specified Commonwealth reserve;
(b)that an adventurous activity may only be carried out in the reserve in a specified area of the reserve;
(c)that an adventurous activity may only be carried out in the reserve in a specified manner;
(d)that an adventurous activity may only be carried out in the reserve by specified persons or a specified class of persons;
(e)that an adventurous activity may be carried out in the reserve at all times, or only at specified times or during a specified period.
(6)Notice of a determination made under subregulation (2) must be published.
[86] Paragraph 12.27 (2) (c)
omit
object.
insert
object; or
[87] After paragraph 12.27 (2) (c), before the penalty
insert
(d)activate, in a situation that is not an emergency, a device that is provided by the Director to allow contact to be made with a warden or ranger in an emergency.
[88] Subregulation 12.28 (5)
substitute
(5)The Director must provide notice of a determination under subregulation (3) or (4) on a sign located in or near the camping area concerned unless the determination is made to deal with an emergency that may endanger public safety.
[89] Regulation 12.30
substitute
12.30Lighting fires in a total fire ban
(1)A person commits an offence if the person lights, maintains or uses a fire in a Commonwealth reserve, or in a part of a Commonwealth reserve, when a total fire ban declared under subregulation (2) by the Director is in force for the reserve or the part of the reserve.
Penalty: 50 penalty units.
(2)For subregulation (1), the Director may declare that a specified period is a period of total fire ban for a Commonwealth reserve or a part of a Commonwealth reserve.
(3)Notice of a declaration made under subregulation (2) must:
(a)state that during the period of total fire ban, lighting, maintaining or using a fire is prohibited in the reserve or the part of the reserve to which the fire ban applies; and
(b)be published in a newspaper circulating in the area to which the declaration applies; and
(c)be prominently displayed on a sign at each entrance to the reserve.
(4)However, the Director does not need to comply with:
(a)paragraph (3) (b) if:
(i)no newspaper circulates in that area; or
(ii)the circumstances that make the total fire ban necessary were not known in sufficient time for publication in a newspaper; or
(b)paragraph (3) (c) if it is not practicable to display a notice at each entrance to the reserve.
(5)If the Director relies on subregulation (4), the Director must give notice of the declaration having regard to the forms of communication available for giving notice to persons likely to be in that area.
(6)An offence against subregulation (1) is an offence of strict liability.
12.30ALighting fires
(1)This regulation does not apply to a Commonwealth reserve, or a part of a Commonwealth reserve, during a period declared by the Director under subregulation 12.30 (2) as a period of total fire ban for the reserve or the part of the reserve.
(2)A person commits an offence if the person lights, maintains or uses a fire in a Commonwealth reserve, or in a part of a Commonwealth reserve, other than in:
(a)a portable gas or electric barbecue or stove used in accordance with a determination made by the Director under subregulation (3) (if any);
(b)a fireplace:
(i)provided by the Director for this paragraph; and
(ii)that is used in accordance with a determination made by the Director under subregulation (3) (if any);
(c)a fireplace of a kind:
(i)approved by the Director for this paragraph; and
(ii)that is used in accordance with a determination made by the Director under subregulation (3) (if any);
(d)a place:
(i)approved by the Director for this paragraph; and
(ii)that is used in accordance with a determination made by the Director under subregulation (3) (if any).
Penalty: 50 penalty units.
(3)The Director may determine that a person using a portable barbecue or stove, a fireplace, a fireplace of a kind, or a place mentioned in subregulation (2):
(a)must ensure that there is no flammable material within a specified distance from the barbecue or stove, fireplace, fireplace of a kind, or place; and
(b)may only use the barbecue or stove in a specified place; and
(c)may only use the barbecue or stove, fireplace, fireplace of a kind, or place, in a specified manner; and
(d)may only use the barbecue or stove, fireplace, fireplace of a kind, or place, during a specified period.
(4)A person commits an offence if the person who lights, maintains or uses a fire in a Commonwealth reserve leaves the fire unattended.
Penalty: 50 penalty units.
(5)A person who lights or uses a fire for cooking or heating in part of a Commonwealth reserve commits an offence if the person uses any fuel that is prohibited under the management plan in operation for the reserve to be used in that part of the reserve.
Penalty: 15 penalty units.
(6)An offence against subregulation (2), (4) or (5) is an offence of strict liability.
12.30BSigns relating to lighting fires
If the Director makes a determination under subregulation 12.30A (3), the Director must erect a sign, as near as is practicable to the fireplace or place, specifying:
(a)the conditions set out in the determination; and
(b)that the fireplace or place is not to be used during a period declared by the Director under subregulation 12.30 (2) to be a period of total fire ban.
[90] Subregulation 12.31 (2)
substitute
(2)Subregulation (1) does not apply to a gathering that is:
(a)organised by the Director; or
(b)a family group or family groups; or
(c)a group or gathering, or a type of group or gathering, determined by the Director under subregulation (3).
(3)For paragraph (2) (c), the Director may make a determination specifying that a group or gathering, or a type of group or gathering, is not a gathering to which subregulation (1) applies.
[91] Subregulations 12.34 (1) and (2), including the penalties
substitute
(1)A person commits an offence if the person carries out commercial fishing in a Commonwealth reserve and the person is not authorised by:
(a)a law of the Commonwealth, a State or a self-governing Territory; or
(b)a permit issued by the Director.
Penalty: 50 penalty units.
Note Subsection 354 (1) of the Act provides that a person must not do particular acts in a Commonwealth reserve except in accordance with a management plan in operation for the reserve. Section 354A of the Act sets out offences in relation to those particular acts.
(2)A person who is authorised by a law of the Commonwealth, a State or self-governing Territory, or a permit issued by the Director, to carry out commercial fishing in a Commonwealth reserve, or in a part of a Commonwealth reserve, commits an offence if the person does not comply with a determination for the reserve, or the part of the reserve, made by the Director under subregulation (3).
Penalty: 50 penalty units.
[92] After subregulation 12.34 (5)
insert
(6)An offence against subregulation (1) or (2) is an offence of strict liability.
[93] Subparagraph 12.35 (3) (b) (iii)
omit
kinds
insert
kinds, quantities or combinations
[94] Subparagraph 12.35 (4) (b) (iv)
substitute
(iv)a spear or spear gun of a kind specified in a determination under paragraph 12.35 (3) (b) as a spear or spear gun that may be used in the area of water; or
[95] Subregulation 12.36 (1), including the penalty
substitute
(1)A person commits an offence if the person carries out a commercial activity in a Commonwealth reserve.
Penalty: 50 penalty units.
Note Subsection 354 (1) of the Act provides that a person must not do particular acts in a Commonwealth reserve except in accordance with a management plan in operation for the reserve. Section 354A of the Act sets out offences in relation to those particular acts.
[96] After subregulation 12.36 (3)
insert
(4)An offence under subregulation (1) is an offence of strict liability.
[97] Regulation 12.37, penalty
substitute
Penalty: 50 penalty units.
[98] Regulations 12.41 and 12.42
substitute
12.41Use of roads or tracks by vehicles
(1)A person commits an offence if the person operates a motor vehicle, or tows a vehicle, in a Commonwealth reserve other than:
(a)on a vehicle access road or a vehicle access track; or
(b)in a camping area or parking area.
Penalty: 50 penalty units.
(2)A person commits an offence if the person operates a motor vehicle, or tows a vehicle, on a vehicle access road or vehicle access track in contravention of a prohibition or restriction imposed by the Director under subregulation 12.42 (1).
Penalty: 50 penalty units.
(3)However, subregulations (1) and (2) do not apply in a jointly managed reserve to a member or officer of a land council for indigenous people’s land who is performing his or her duties as a member or officer with respect to that land in the reserve.
(4)An offence against subregulation (1) or (2) is an offence of strict liability.
12.42Prohibitions or restrictions on use of roads or tracks
(1)The Director may prohibit or restrict:
(a)the use of motor vehicles or a class of motor vehicles on a vehicle access road or vehicle access track in a Commonwealth reserve; or
(b)a class of persons from using motor vehicles on a vehicle access road or vehicle access track in a Commonwealth reserve.
(2)If the Director makes a prohibition or restriction under subregulation (1), the Director must erect a sign on or near the vehicle access road or vehicle access track in accordance with subregulation 12.44A (1).
[99] Paragraph 12.43 (1) (a)
omit
drive a vehicle on a part of a road or public
insert
operate a motor vehicle on a vehicle access road or a vehicle
[100] Paragraph 12.43 (1) (b)
omit
drive a
insert
operate a motor
[101] Paragraph 12.43 (1) (c)
substitute
(c)operate a motor vehicle on a vehicle access road or a vehicle access track along a one-way traffic carriageway except in the direction indicated on a traffic sign mentioned in subregulation 12.44A (2) for the road or track.
[102] Subregulations 12.43 (2) and (3)
omit
road or public
insert
vehicle access road or a vehicle
[103] Subregulation 12.43 (4)
omit
12.53 (4),
insert
12.44A (2),
[104] Subparagraph 12.44 (1) (a) (ii)
substitute
(ii)the side or shoulder of a vehicle access road or a vehicle access track; or
[105] Subregulation 12.44 (3)
omit
12.53 (2) and (3),
insert
12.44A (3) and (4),
[106] After regulation 12.44
insert
12.44ASigns for controlling traffic
(1)A sign displayed under subregulation 12.42 (2) in relation to a vehicle access road or a vehicle access track:
(a)must indicate the motor vehicles, or classes of motor vehicles, that may access the road or track; and
(b)may include such other information that the Director considers relevant to the road or track.
Example
The sign may include the words ‘SERVICE ROAD — WALKERS ONLY’ or ‘AUTHORISED PERSONS ONLY’.
(2)A sign displayed under paragraph 12.43 (1) (c) to indicate that a vehicle access road or a vehicle access track is a one-way traffic carriageway must include the words ‘ONE WAY’ and an arrow indicating the direction in which a vehicle using the road or track must proceed.
(3)A sign displayed under subregulation 12.44 (3) to prohibit the parking or stopping of vehicles must:
(a)indicate the area within which a vehicle must not park or stop; and
(b)if parking or stopping is prohibited during specified periods — specify the period during which vehicles may be parked or stopped; and
(c)if parking or stopping is restricted during specified periods — specify the restriction that applies to vehicles parking or stopping during specified periods.
(4)A sign displayed under subregulation 12.44 (3) to designate a part of the reserve within which vehicles may be parked or stopped must, in addition to including words designating that part:
(a)if parking or stopping is permitted only during a specified period — specify the period within which vehicles may be parked or stopped; and
(b)if parking or stopping is restricted during specified periods — specify the restriction that applies to vehicles parking or stopping during specified periods; and
(c)if parking or stopping is restricted to, or prohibited for, a class of vehicles — specify the class of vehicles to which the restriction or prohibition applies.
[107] Regulation 12.53
omit
[108] Subregulation 12.54 (1), except the penalty
substitute
(1)A person commits an offence if:
(a)a ranger, warden or person authorised to operate an entrance station requires the person to stop at a location in a Commonwealth reserve until the ranger, warden or person authorised to operate the entrance station indicates that the person may proceed; and
(b)the person proceeds beyond the location before the ranger, warden or person authorised to operate the entrance station has indicated that the person may proceed.
[109] Subregulation 12.54 (3)
substitute
(3)An offence against subregulation (1) or (2) is an offence of strict liability.
(4)The Director may authorise a person, in writing, to operate an entrance station.
Note The authorisation may be given as part of a contract of employment.
[110] Regulation 12.55
substitute
12.55Walking or riding on roads or marked tracks
(1)A person commits an offence if the person walks or rides in a Commonwealth reserve other than on:
(a)a vehicle access road or a vehicle access track; or
(b)a track for walking or riding provided by the Director.
Penalty: 15 penalty units.
(2)For paragraph (1) (b), a track is a track for walking or riding provided by the Director if:
(a)a sign or other marker indicating that the track is for walking or riding is displayed near the track; or
(b)the track is indicated as a track for walking or riding under the management plan in operation for the reserve.
(3)Subregulation (1) does not apply in a jointly managed reserve to a member or officer of a land council for indigenous people’s land who is performing his or her duties as a member or officer with respect to that land in the reserve.
(4)The Director may prohibit or restrict a person:
(a)walking; or
(b)riding:
(i)any non-motorised vehicle; or
(ii)a particular type of non-motorised vehicle; or
(iii)a vehicle in a class of non-motorised vehicles;
on a vehicle access road, vehicle access track or track for walking or riding in part, or all, of a Commonwealth reserve.
Note Under subregulation 12.42 (1), the Director may also prohibit or restrict the use of a motor vehicle on a vehicle access road or vehicle access track.
(5)If the Director prohibits or restricts a person walking or riding on a vehicle access road, vehicle access track or track for walking or riding under subregulation (4), the Director must erect a sign, in accordance with regulation 12.55A, on or near the vehicle access road, vehicle access track or track for walking or riding.
(6)A person commits an offence if:
(a)the person walks or rides on a vehicle access road, vehicle access track or track for walking or riding in a Commonwealth reserve; and
(b)there is a sign, erected under subregulation (5), indicating that the person is restricted or prohibited from walking or riding on the road or track at that time.
Penalty: 30 penalty units.
(7)An offence against subregulation (1) or (6) is an offence of strict liability.
(8)In this regulation:
ride means to ride a non-motorised vehicle such as a pedal‑powered bicycle.
track for walking or riding means a track for walking or riding that has been provided by the Director in accordance with subregulation (2).
12.55ASigns for controlling pedestrian and non-motorised vehicles etc
A sign displayed under subregulation 12.55 (5) in relation to a vehicle access road, vehicle access track or track for walking or riding:
(a)must indicate the non‑motorised vehicles, types of non‑motorised vehicles, classes of non‑motorised vehicles, or walkers that may or may not access the road or track; and
(b)may include such other information that the Director considers relevant to the road or track.
Example
The sign may include the words ‘SERVICE ROAD — WALKERS ONLY’ or ‘AUTHORISED PERSONS ONLY’.
[111] Subregulation 12.56 (1), including the penalty
substitute
(1)A person commits an offence if the person uses a vessel in an area of water in a Commonwealth reserve in contravention of a determination by the Director under subregulation (2).
Penalty: 50 penalty units.
[112] Subparagraph 12.56 (2) (b) (vii)
omit
manner.
insert
manner;
[113] After subparagraph 12.56 (2) (b) (vii)
insert
(viii)that a vessel may be anchored but not moored, or moored but not anchored;
(ix)that a vessel must not be left unattended when anchored or moored, either at all times or at specified times;
(x)that a vessel cannot be anchored or moored within a certain area.
[114] Subregulation 12.56 (3)
omit
subparagraph (2) (b) (iv), (v) or (vi),
insert
any of subparagraphs (2) (b) (iv) to (x),
[115] Subregulation 12.56 (3)
omit
area or mooring area
insert
area, mooring area, or area within which vessels cannot be anchored or moored,
[116] After subregulation 12.56 (4)
insert
(5)An offence against subregulation (1) is an offence of strict liability.
[117] Subregulation 12.57 (2)
omit
subparagraph (2) (b) (iv), (v) or (vi),
insert
in subparagraph (2) (b) (iv), (v), (vi) or (viii),
[118] Subregulation 12.57 (3)
after
(vii)
insert
or (ix)
[119] After subregulation 12.57 (3)
insert
(3A)If the Director makes a determination under subparagraph 12.56 (2) (b) (x), the Director must erect at the area specified in the determination a sign specifying the area in which vessels cannot be anchored or moored.
[120] Subregulation 12.57 (4)
omit
(2) or (3)
insert
(2), (3) or (3A)
[121] Regulation 12.58
substitute
12.58Use of aircraft
(1)A person commits an offence if, in or over a Commonwealth reserve, the person:
(a)taxis an aircraft, except in a landing area in accordance with a determination made under subregulation (4); or
(b)lands or takes off an aircraft, except in accordance with a determination made under subregulation (4); or
(c)operates an aircraft in contravention of a determination made under subregulation (4) for the reserve.
Penalty: 30 penalty units.
(2)A person commits an offence if the person:
(a)jumps, parachutes or otherwise disembarks from an aircraft when the aircraft is in airspace above a Commonwealth reserve; or
(b)jumps, parachutes or otherwise disembarks from an aircraft and is likely to land in a Commonwealth reserve.
Penalty: 30 penalty units.
(3)A person commits an offence if the person uses an aircraft to drop or lower an object into a Commonwealth reserve.
Penalty: 30 penalty units.
(4)For subregulation (1), the Director may determine one or more of the following:
(a)that an area is a landing area;
(b)that a landing area may only be used in a specified manner;
(c)that a landing area may only be used by an aircraft or a class of aircraft;
[137] Regulation 14.02
after
against
insert
section 142B of the Act or
[138] Subregulation 14.03 (1)
after
against
insert
section 142B of the Act or
[139] Paragraph 14.03 (2) (b)
after
the provision of
insert
the Act or
[140] Subparagraph 14.03 (2) (f) (ii)
omit
a warden, ranger or inspector
insert
the Director or Secretary
[141] Subparagraph 14.03 (2) (i) (i)
after
person’s
insert
criminal
[142] Regulation 14.03, note
omit
is set at
insert
can be no more than
[143] Paragraph 14.07 (5) (c)
after
against
insert
section 142B of the Act or
[144] Paragraph 14.09 (1) (a)
after
person’s
insert
criminal
[145] Paragraph 14.14 (a)
after
contravened
insert
section 142B of the Act or
[146] Paragraph 14.16 (1) (a)
substitute
(a) under subregulation 17.09 (2) or 17.12 (4); or
[147] Paragraph 16.02 (1) (c)
omit
Christmas Island or
insert
the Territory of Christmas Island or the Territory of
[148] Subregulation 16.02 (4)
before
instead
insert
in the manner mentioned for the material in subregulation (1), (2) or (3)
[149] Subregulation 16.03 (1)
before
under
insert
for material
[150] Paragraph 16.03 (2) (a)
omit
(1) (f), (g) or (h)
insert
(1) (ac), (c), (e), (f), (g) or (h)
[151] Paragraph 16.03 (2) (b)
omit
paragraph (1) (a) applies —
insert
paragraph (1) (a), (aa), (ab) or (ac) applies —
[152] Paragraph 16.03 (2) (c)
omit
paragraph (1) (a) does not apply —
insert
paragraph (1) (a), (aa), (ab) or (ac) do not apply —
[153] Subregulations 16.03 (3) and (4)
substitute
(3) Material in relation to an action to be taken in an external Territory must be published:
(a) in the government gazette of the external Territory; or
(b) in a newspaper that circulates in the external Territory; or
(c) in a newspaper that circulates in:
(i) the State or Territory that is nearest to the external Territory; or
(ii) the region where the action is likely to have a significant impact on a matter protected by a provision of Part 3 of the Act.
(4) Material in relation to an action to be taken in a Commonwealth marine area that is not the coastal sea of an external Territory must be published in a newspaper that circulates in:
(a) the State or Territory that is nearest to the Commonwealth marine area; or
(b) the region where the action is likely to have a significant impact on a matter protected by a provision of Part 3 of the Act.
(5) However, if material to which subregulation (1) applies is more than 200 words, a notice may be published instead in accordance with this regulation.
(6) The material or notice must state:
(a) the provision of the Act that requires the material to be published; and
(b) the identification number for the action, allocated by the Department; and
(c) a descriptive title for the action; and
(d) the location of the action; and
(e) the name of the person intending to take the action; and
(f) each matter protected by a provision of Part 3 of the Act; and
(g) where a copy of the material may be viewed or obtained:
(i) in electronic and hard copy form; and
(ii) at a reasonable cost or without charge.
(7) The notice must be approved by the Secretary before it is first published.
[154] After subregulation 16.04 (1)
insert
(1A) If requested by the Secretary in writing, preliminary material to which paragraph (1) (a), (aa), (ab) or (ac) applies must be published at a suitable location on the internet.
(1B) The draft report and draft statement to which paragraph (1) (b) or (d) applies must be published at a suitable location on the internet.
[155] After subregulation 16.04 (2)
insert
(2A) If the area where the action is likely to have a significant impact is an external Territory, the designated proponent does not need to comply with subparagraph (2) (a) (ii).
[156] Subregulation 16.04 (4)
substitute
(4) The designated proponent must comply with any direction from the Secretary to:
(a) supply a specified number of copies of the material for public display; and
(b) display the material in a particular location.
(5) A notice published for subsection 95 (2) or 95A (3) or paragraph 98 (1) (c) or 103 (1) (c) of the Act must:
(a) invite public comment on the material; and
(b) state the final date for providing comment under paragraph 95 (2) (c) or 95A (3) (d) or subparagraph 98 (1) (c) (ii) or 103 (1) (c) (ii) of the Act.
(6) A notice published for subsection 95B (4) of the Act must state that no comments were received.
[157] After regulation 16.04
insert
16.04A Additional publication requirements for persons with special needs
(1) The designated proponent must ensure that a person with special needs has reasonable access to the material in regulation 16.04 in a form that satisfies the person’s needs.
Example
A spoken presentation may satisfy the needs of a person who is illiterate or an electronic version of the material may satisfy the needs of a person who is visually impaired.
(2) A person with special needs includes:
(a) a person who is illiterate or for whom English is a second language; and
(b) a person with a vision impairment.
(3) The Secretary may give a direction to a designated proponent about how to ensure a person with special needs has reasonable access to the material.
[158] After paragraph 16.05A (1) (a)
insert
(aa) paragraph 324JG (4) (a);
(ab) paragraph 324JN (3) (a);
[159] After paragraph 16.05A (1) (e)
insert
(ea) paragraph 341JF (4) (a);
(eb) paragraph 341JM (3) (a);
[160] Subregulation 16.05A (2)
omit
paragraphs (1) (a), (b), (e) and (h)
insert
paragraphs (1) (a), (aa), (ab), (b), (e), (ea), (eb) and (h)
[161] Paragraph 16.05A (2) (b)
before
Norfolk Island
insert
the Territory of
[162] Subregulation 16.05A (4)
before
Norfolk Island
insert
the Territory of
[163] Before Division 16.3
insert
Subdivision 16.2.3 Bioregional plans
16.05B Public consultation
(1) For subsection 176 (1) of the Act, the Minister must publish a notice:
(a) at a suitable location on the Internet; and
(b) in a national or State daily newspaper that circulates in the State or Territory that is nearest to the bioregion.
(2) However, if it is unclear which State or Territory is nearest to the bioregion, the notice must be published:
(a) at a suitable location on the Internet; and
(b) in a national or State daily newspaper that circulates generally in each State or Territory that is near to the bioregion.
(3) The notice must state:
(a) the requirement under the Act for the Minister to carry out public consultation on the draft of the bioregional plan; and
(b) a brief description of the draft of the plan, including the location of the bioregion; and
(c) where the draft of the plan may be viewed and a copy obtained; and
(d) that public comment is invited on the draft of the plan; and
(e) the final day for providing public comment on the draft of the plan, being a day not less than 60 days from the day the notice is published; and
(f) the address for sending public comment.
[164] Paragraph 16.06 (a)
before
Norfolk Island
insert
the Territory of
[165] Paragraph 16.07 (2) (a)
before
Norfolk Island
insert
the Territory of
[166] Paragraph 16.07 (2) (c)
omit
Christmas Island or
insert
the Territory of Christmas Island or the Territory of
[167] Paragraph 16.08 (2) (a)
before
Norfolk Island
insert
the Territory of
[168] Paragraph 16.08 (2) (c)
omit
Christmas Island or
insert
the Territory of Christmas Island or the Territory of
[169] Paragraph 17.01 (aa)
substitute
(aa) by the Minister under the following provisions of the Act:
(i) section 303CG;
(ii) section 303DG;
(iii) section 303EN;
(iv) section 303GB;
(v) section 303GC;
(vi) section 303GD; and
[170] Subregulation 17.02 (1)
substitute
(1) A person (the applicant) may apply for a permit to which this Part applies to be issued to that person, other than a permit issued under section 303GB of the Act.
[171] Paragraphs 17.02 (2) (b), (c), (d), and (e)
substitute
(b) the full name and contact details of each person to whom the permit is to be issued;
(c) if the applicant is a company or other incorporated body:
(i) the name, business address and postal address of the company or incorporated body; and
(ii) if the applicant is a company — the full name of each of the directors of the company; and
(iii) the full name and contact details of the person completing the application form; and
(iv) the ACN or ABN of the company or other incorporated body (if applicable).
[172] Paragraph 17.02 (2) (f)
omit
species, the Part
insert
threatened species, the category
[173] Paragraph 17.02 (2) (g)
after
including
insert
the following
[174] Subparagraphs 17.02 (2) (g) (ii) and (iii)
substitute
(ii) for a permit to which paragraph 17.01 (b), (c) or (d) applies — whether the action will:
(A) result in the death or injury of a member of a native species or a non-native species; or
(B) involve taking, trading, keeping or moving a member of a native species or non-native species; or
(C) result in damage to or destruction of the nest or dwelling place of a member of a native species or non-native species;
(iii) for a permit to which paragraph 17.01 (a), (ab) or (b) applies — how many members of each listed species or native species will be affected;
[175] Paragraph 17.02 (2) (i)
substitute
(i) for each person to whom the permit is to be issued, a declaration stating whether the person:
(i) has, in the 10 years before the application for the permit is made, been convicted of an offence mentioned in subregulation 17.07 (1); or
(ii) is subject to proceedings for an offence mentioned in subregulation 17.07 (1);
[176] Subregulation 17.02 (4)
omit
[177] Subregulations 17.03 (1) and (2), including the note
substitute
(1) The Minister or Director may issue a permit only if:
(a) for a permit to which paragraph 17.01 (ab) applies — the requirements mentioned in subregulation 17.03A (6) are met; and
(b) for a permit to which paragraph 17.01 (b) applies — there are reasonable grounds for believing that the action will not, or is not likely to, adversely affect the conservation status of a protected species or a population of a protected species; and
(c) for a permit to which paragraph 17.01 (c) or (d) applies — the circumstances mentioned in subregulation 17.05 (1) apply; and
(d) for a permit that applies in a jointly managed reserve:
(i) consultation with the Board for the reserve is required under any agreement between the Director and the Board and has been carried out in accordance with the agreement; or
(ii) there is no such agreement but the activity is consistent with the Director’s obligations under the lease for the reserve.
(2) In considering whether to issue a permit, the Minister or Director may consider whether a person to whom the permit is to be issued:
(a) has, in the 10 years before the application for the permit is made, been convicted of an offence mentioned in subregulation 17.07 (1); or
(b) is subject to proceedings for an offence mentioned in subregulation 17.07 (1).
Note Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.
(2A) For subregulation (2), a person includes the following:
(a) a company and each director of the company;
(b) an incorporated body (other than a company) and each officer of the body.
[178] Subregulation 17.03A (6)
omit
17.03 (2) (aa)
insert
17.03 (1) (a)
[179] Paragraph 17.04 (1) (b)
substitute
(b) state the following information:
(i) the provision of the Act or these Regulations for which it is issued;
(ii) the activity that is permitted;
(iii) when the permit commences and expires;
(iv) the conditions subject to which it is issued;
(v) the name and address of each person to whom the permit is issued.
[180] Subregulation 17.04 (3)
omit
[181] Subregulation 17.05 (1)
omit
17.03 (2) (b),
insert
17.03 (1) (c),
[182] Subregulation 17.05 (1), table, item 1, column 3
omit
be consistent
insert
not be inconsistent
[183] Subregulation 17.07 (1)
omit
paragraphs 17.02 (2) (i) and 17.03 (2) (c), and paragraphs 17.11 (3) (c) and (5) (f),
insert
paragraph 17.02 (2) (i), subregulations 17.03 (2) and 17.11 (3A), and paragraph 17.11 (5) (f),
[184] Paragraph 17.07 (1) (c)
substitute
(c) offences under section 6 of the Crimes Act 1914, or section 11.1, 11.4 or 11.5 of the Criminal Code, in relation to an offence mentioned in paragraph (a) or (b);
[185] Subregulation 17.07 (1), note 1
substitute
Note 1 Section 6 of the Crimes Act 1914 relates to an accessory to an offence.
[186] Subregulation 17.07 (2)
substitute
(2) For subregulation (1), a person is taken to have been convicted of an offence if, in the 10 years before the application is made, the person:
(a) has been charged with, and found guilty of, the offence but discharged without conviction; or
(b) has not been found guilty of the offence, but a court has taken the offence into account in passing sentence on the person for another offence.
[187] Regulation 17.08
omit
(b) or (c)
insert
(b), (c) or (d)
[188] Subregulations 17.09 (1) and (2)
omit
a holder
insert
each holder
[189] Paragraph 17.09 (3) (b)
substitute
(b) subregulation 17.03 (1).
[190] Paragraph 17.09 (5) (b)
omit
(b) or (c)
insert
(b), (c) or (d)
[191] Subregulation 17.09 (6)
omit
[192] Subregulation 17.09 (8)
substitute
(8) If the Minister or Director varies or revokes a condition, or imposes a further condition, under subregulation (7), the Minister or Director must give each holder of the permit written notice of that variation, revocation or imposition.
[193] Paragraph 17.10 (2) (c)
omit
condition; and
insert
condition.
[194] Paragraph 17.10 (2) (d)
omit
[195] Paragraph 17.11 (3) (c)
omit
[196] Subregulation 17.11 (3), note
omit
[197] After subregulation 17.11 (3)
insert
(3A) In considering whether to transfer a permit, the Minister or Director may consider whether the proposed transferee:
(a) has, in the 10 years before the application for the transfer is made, been convicted of an offence mentioned in subregulation 17.07 (1); or
(b) is subject to proceedings for an offence mentioned in subregulation 17.07 (1).
Note Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.
[198] Paragraph 17.11 (5) (f)
substitute
(f) a declaration from the proposed transferee stating whether he or she:
(i) has, in the 10 years before the application for the transfer is made, been convicted of an offence mentioned in subregulation 17.07 (1); or
(ii) is subject to proceedings for an offence mentioned in subregulation 17.07 (1);
[199] Subregulation 17.11 (6)
omit
[200] Subregulation 17.11 (7)
omit
applicant
insert
holder of the permit
[201] Subparagraph 18.04 (e) (ii)
omit
activity; and
insert
activity;
[202] Paragraph 18.04 (f)
substitute
(f) if:
(i) the permit is issued under section 303CG, 303DG, 303EN, 303GB, 303GC or 303GD of the Act; and
(ii) the applicant is the Commonwealth, a Commonwealth agency, a State or a Territory or an authority or agency of a State or a Territory; and
(iii) the Minister is satisfied that the activity is to be carried out primarily for a non-commercial purpose;
(g) if:
(i) the applicant is a wildlife rescue organisation; and
(ii) the applicant has agreed to care for wildlife that has been seized under the Act; and
(iii) the permit is issued under section 201, 216, 238 or 258 of the Act;
(h) if:
(i) the applicant is an overseas relevant CITES authority; and
(ii) the applicant has agreed to accept seized wildlife specimens for repatriation to that overseas country; and
(iii) the permit is issued under section 303CG, 303DG, 303GB or 303GC of the Act.
[203] Schedule 2, item 1.01
substitute
1.01 Name, postal address, telephone number, and if applicable, the ABN or ACN of:
(a) the person making the referral; and
(b) the person proposing to take the action (if not the person mentioned in paragraph (a)).
[204] Schedule 2, item 4.01
substitute
4.01 A description of the proposed action must include the following:
(a) any alternative locations, timeframes or activities that may be proposed;
(b) details of the location of the project area including a description of the property on which the proposed action is to take place;
Example
A lot number in a registered or deposited plan or similar description.
(c) the latitude and longitude of the action;
(d) a description of the property on which the proposed action is to take place;
(e) the timeframe in which the action is proposed to be taken;
(f) activities proposed to be carried out in the action;
(g) an explanation of the context, including any relevant planning framework, in which the action is proposed;
(h) whether the action is related to other actions or proposals in the region;
(i) whether the action is a component of a larger action;
(j) a description of any feasible alternatives to taking the proposed action (including not taking the action) which were considered, but which are not proposed;
(k) details of any environmental assessment of relevant impacts of the action that has been, is being or will be carried out under State, Territory or Commonwealth legislation, including copies of assessment documentation;
(l) a description of any public consultation undertaken or occurring, including with indigenous persons that may be affected by the action, and copies of documents recording the outcomes of any consultations;
(m) if relevant, each of the matters in paragraphs (a) to (i) for each alternative location, time frame, or activity that is identified as part of the description.
[205] Schedule 2, item 5.03
substitute
5.03 Whether the action is:
(a) a nuclear action; or
(b) an action by the Commonwealth or a Commonwealth agency; or
(c) in a Commonwealth marine area; or
(d) on Commonwealth land.
5.03A If the action is of a type mentioned in item 5.03, the type of action, and the nature and extent of the likely impact on the environment.
[206] Schedule 2, item 5.05
substitute
5.05 A description of the project area and the affected area, including (if relevant to the project area or affected area) information about the following:
(a) flora and fauna;
(b) hydrology, including water flows;
(c) the presence of outstanding natural features;
(d) the presence of remnant native vegetation;
(e) the current state of the environment;
(f) the presence of Commonwealth Heritage Places or other places recognised as having heritage values;
(g) the presence of indigenous heritage values;
(h) other important or unique aspects of the environment;
(i) if relevant, each of the matters in paragraphs (a) to (h) for each alternative location, time frame, or activity that is identified as part of the description in item 4.02 of Schedule 2.
[207] Schedule 2, item 6
substitute
6 Measures to avoid or reduce impacts
6.01 A description of measures that will be implemented to avoid, reduce, manage or offset any relevant impacts of the action including, if appropriate, evidence in the form of reports or technical advice on the feasibility and effectiveness of the proposed measures.
6.02 Information about the level of commitment by the person proposing to take the action to implement the measures.
6.03 If relevant, each of the matters in items 6.01 and 6.02 for each alternative location, time frame, or activity that is identified as part of the description in item 4.02 of Schedule 2.
7 Environmental record of person proposing to take the action
7.01 Details of any proceedings under a Commonwealth, State or Territory law for the protection of the environment or the conservation and sustainable use of natural resources against:
(a) the person proposing to take the action; and
(b) for an action for which a person has applied for a permit — the person making the application.
7.02 If the person proposing to take the action is a corporation, details of the corporation’s environmental policy and planning framework.
8 Information sources
8.01 For information given under item 5 of Schedule 2:
(a) the source of the information; and
(b) how recent the information is; and
(c) how the reliability of the information was tested; and
(d) what uncertainties (if any) are in the information.
[208] Schedule 3
omit
[209] Schedules 4A and 4B
substitute
Schedule 4A Import and export of CITES specimens
(regulations 9A.02 and 9A.03)
1 Preliminary
1.01 If a CITES specimen meets the requirements of items 2.01 to 2.03, it is a CITES specimen for regulation 9A.02.
1.02 If a CITES specimen meets the requirements of items 2.01 to 2.03, or items 3.01 to 3.06, it is a CITES specimen for regulation 9A.03.
2 Import and export of CITES specimens — requirements
2.01 The CITES specimen is a specimen mentioned in column 2 of an item of the table.
2.02 The amount of the CITES specimen being imported or exported is no more than the amount specified in column 3 of the item of the table in which the specimen is mentioned.
2.03 Any requirements (for the CITES specimen) specified in column 4 of the item of the table in which the specimen is mentioned have been met.
|
Item |
Specimen |
Maximum amount |
Requirements |
| 1 | Caviar of sturgeon species (Acipenseriformes spp.) | 125 grams per person | The container in which the specimen is imported or exported is labelled using a non-reusable label that includes the codes required by CITES |
| 2 | Rainsticks of Cactaceae spp. | 3 specimens per person | |
| 3 | Crocodile products | 4 specimens per person | |
| 4 | Queen conch (Strombus gigas) shells | 3 specimens per person | |
| 5 | Seahorses (Hippocampus spp.) | 4 specimens per person | |
| 6 | Giant clam (Tridacnidae spp.) shells | 3 specimens per person, not exceeding 3 kgs per person | Each specimen is one intact shell or two matching halves |
Note For item 1, a resolution of the Conference of the Parties under Article XI of CITES may set out requirements in relation to using labels and codes for the import or export of the specimen.
3 Import of CITES specimens — requirements
3.01 The CITES specimen is a CITES II specimen.
3.02 The CITES specimen is not a live specimen.
3.03 The CITES specimen is lawfully imported into Australia from one of the following countries:
(a) Belgium;
(b) Canada;
(c) Chile;
(d) France;
(e) Germany;
(f) Greece;
(g) Hong Kong;
(h) Italy;
(i) Kenya;
(j) Malaysia;
(k) Mauritius;
(l) Switzerland;
(m) United Kingdom;
(n) United States of America;
(o) Vanuatu.
3.04 If the CITES specimen is imported from Germany, Malaysia or the United Kingdom, it is not a specimen that is native to that country.
3.05 If the CITES specimen is imported from Kenya, it is accompanied by a CITES certificate issued by the CITES Management Authority in Kenya.
3.06 If the CITES specimen is imported from Switzerland, it:
(a) is an item that would normally be worn by a person, such as a belt or shoes; and
(b) is not an art object or a souvenir.
[210] Schedule 6, heading
substitute
Schedule 6 Australian Ramsar management principles
(regulation 10.02)
[211] Schedule 8, Part 2, item 7.01
before
sustainable
insert
ecologically
[212] Schedule 10
substitute
Schedule 10 Infringement notice offences
(regulation 14.02)
|
Item |
Regulation |
| 1 | 12.11 (Excavating, building and works) |
| 2 | 12.13 (Damaging etc heritage) |
| 3 | 12.14 (Dumping of industrial waste) |
| 4 | 12.14A (Dumping of domestic waste) |
| 5 | 12.18 (Use etc of firearms, nets and other devices) |
| 6 | 12.19 (Taking animals into Commonwealth reserve) |
| 7 | 12.19A (Offences in relation to non-native species) |
| 8 | 12.19B (Offences in relation to native species) |
| 9 | 12.19C (Complying with a direction in relation to native species) |
| 10 | 12.20 (Taking plants into Commonwealth reserve) |
| 11 | 12.25 (Failing to comply with safety directions) |
| 12 | 12.28 (Camping) |
| 13 | 12.29 (Failing to comply with directions about camping) |
| 14 | 12.30 (Lighting fires in a total fire ban) |
| 15 | 12.30A (Lighting fires) |
| 16 | 12.34 (Commercial fishing) |
| 17 | 12.35 (Fishing other than commercial fishing) |
| 18 | 12.36 (Commercial activities) |
| 19 | 12.41 (Use of roads or tracks by vehicles) |
| 20 | 12.43 (Speed limits and one-way traffic) |
| 21 | 12.44 (Parking and stopping) |
| 22 | 12.48 (Parking permits and parking vouchers) |
| 23 | 12.50 (Interference with parking permits or parking vouchers) |
| 24 | 12.51 (Abuse of voucher machines) |
| 25 | 12.52 (Unauthorised installation of voucher machines) |
| 26 | 12.54 (Vehicles to stop as required) |
| 27 | 12.55 (Walking or riding on roads or marked tracks) |
| 28 | 12.56 (Use of vessels) |
| 29 | 12.59 (Obligation to produce permit) |
| 30 | 12.61 (Payment of fees and charges etc) |
[213] Schedule 11, table, Part 3, heading
substitute
Part 3 Paragraphs 17.01 (c) and (d)
[214] Schedule 11, table, item 3.05
substitute
| 3.05 | An activity to which regulation 12.24 applies | nil | nil | nil |
[215] Schedule 11, table, after subparagraph 3.06 (a) (xi)
insert
| (xii) still photography, painting or audio | $30 each day | nil | nil |
| (xiii) commercial filming | $250 each day | nil | nil |
[216] Schedule 11, table, after subparagraph 3.06 (b) (ii)
insert
| (iii) still photography, painting or audio | $20 each day | nil | nil |
| (iv) commercial filming | $250 each day | nil | nil |
[217] Schedule 11, table, paragraphs 3.06 (c) and (d)
substitute
| (c) in Booderee National Park: | |||
| (i) sport fishing | $50 each year | nil | nil |
| (ii) still photography, painting or audio | $10 each day | nil | nil |
| (iii) commercial filming | $250 each day | nil | nil |
| (iv) any other circumstances | $50 each year | nil | nil |
| (d) in Christmas Island National Park or Pulu Keeling National Park: | |||
| (i) still photography, painting or audio | $30 each day | nil | nil |
| (ii) commercial filming | $250 each day | nil | nil |
| (iii) any other activities | $50 each year | nil | nil |
[218] Schedule 12, paragraph 1 (a)
omit
Christmas Islands Territory
insert
Territory of Christmas Island
[219] Schedule 12, paragraph 1 (b)
omit
Cocos (Keeling) Territory
insert
Territory of Cocos (Keeling) Islands
[220] Dictionary, before definition of Act
insert
ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
ACN has the same meaning as in the Corporations Act 2001.
[221] Dictionary, definition of Authority
substitute
Authority means the agency providing local government and municipal services to the Jabiru Township.
[222] Dictionary, definition of determined fee
omit
Part 18
insert
paragraph 356A (c) of the Act
[223] Dictionary, definition of public access track
omit
[224] Dictionary, definition of service road
omit
[225] Dictionary, definition of traffic sign
omit
12.53.
insert
12.44A.
[226] Dictionary, before definition of voucher machine
insert
vehicle access road means a road in a Commonwealth reserve that:
(a) is a sealed road; and
(b) does not have a sign displayed on or near it indicating that it is prohibited to use motor vehicles on the road at that time.
vehicle access track means a road in a Commonwealth reserve that:
(a) is an unsealed road; and
(b) has a sign, erected by the Director, with the words ‘Vehicle Access Track’ displayed at the point or points that motor vehicles would normally access the track; and
(c) there are no signs displayed on the track indicating that it is prohibited to use motor vehicles on the track at that time.
[227] Dictionary, definition of works
after
activity
insert
on land or water
[228] Further amendments
| Provision | omit | insert |
| Paragraph 9A.09 (d) | for commercial | primarily for commercial |
| Paragraph 9A.09 (h) | a captive animal | an animal bred in captivity |
| Paragraph 9A.10 (b) | for commercial | primarily for commercial |
| Paragraph 9A.10 (d) | a captive animal | an animal bred in captivity |
| Paragraph 9A.11 (c) | for commercial | primarily for commercial |
| Paragraph 9A.11 (e) | a captive animal | an animal bred in captivity |
| Paragraph 9A.12 (1) (d) | for commercial | primarily for commercial |
| Schedule 8, Part 2, item 1.02 | preserved | conserved |
| Schedule 8, Part 2, items 2.01, 3.01 and 4.01 | preserve | conserve |
| Schedule 8, Part 2, item 4.02 | preserved | conserved |
| Schedule 8, Part 2, item 6.03 | preservation | conservation |
[229] Further amendments — Secretary
The following provisions are amended by inserting ‘or Secretary’ after ‘Director’ (wherever occurring):
· paragraph 14.03 (2) (h)
· subparagraph 14.03 (2) (h) (ii)
· subparagraph 14.04 (1) (c) (iii)
· subregulation 14.05 (1)
· subregulation 14.05 (3)
· subregulation 14.06 (1)
· subregulation 14.06 (2)
· subregulation 14.07 (1)
· subregulation 14.07 (2)
· subregulation 14.07 (3)
· subregulation 14.07 (4)
· subregulation 14.07 (5)
· regulation 14.08
· paragraph 14.12 (1) (c)
· paragraph 14.12 (1) (d)
· paragraph 14.12 (1) (e)
· subregulation 14.12 (2).
Note
-
All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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