Nature Conservation Act 1980 (ACT)
Nature Conservation Act 1980 (repealed)
A1980-20
Republication No 29
Effective: 11 June 2015
Republication date: 11 June 2015
As repealed by A2014‑59 s 372 (1)
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Nature Conservation Act 1980 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 11 June 2015.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).
Nature Conservation Act 1980 (repealed)
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4Offences against Act—application of Criminal Code etc 3
5 Relationship with Emergencies Act 3
6 Construction consistent with environment laws 4
Part 2 Nature conservation strategies, declarations and action plans
Division 2.1 The conservator and the service
7 Conservator of Flora and Fauna 5
8 Conservation officers 5
9 Identity cards 5
10 Exercise of powers 6
11 Delegation by conservator 6
12 Australian Capital Territory Parks and Conservation Service 6
Division 2.2 Flora and Fauna Committee
Subdivision 2.2.1 Establishment, functions and powers
13 Establishment of Flora and Fauna Committee 7
14 Functions 7
15 Directions to committee 7
Subdivision 2.2.2 Constitution and meetings
17 Membership 8
18 Appointment of chairperson and deputy chairperson 8
19 Secretary to committee 9
20 Leave of absence 9
21 Disclosure of interests 9
22 Termination of appointment 9
23 Convening meetings 10
24 Procedure at meetings 10
25 Quorum 11
Part 3 Nature conservation and declarations
Division 3.1 Nature conservation strategy
26 Draft nature conservation strategy 12
27 Public notification of draft nature conservation strategy 12
28 Confirmation, revision, deferral or withdrawal of draft nature conservation strategy 13
29 Submission or resubmission of draft nature conservation strategy to Minister 14
30 Minister’s powers in relation to draft nature conservation strategy 15
31 Notice of rejection of draft nature conservation strategy 16
32 Commencement of nature conservation strategy etc 16
Division 3.2 Declarations about special protection status and protected and exempt flora and fauna
33 Special protection status 16
34 Declaration of protected and exempt flora and fauna 17
Division 3.3 Declaration of species, community or process
Subdivision 3.3.1 Criteria and guidelines for declarations
35 Criteria for recommending declaration 18
36 Guidelines for dealing with applications for declarations 18
37 Public consultation on preparation of relevant criteria and guidelines 19
Subdivision 3.3.2 Making of declarations
38 Declaration of species, community or process 19
39 Request to committee to recommend making of declaration 20
Division 3.4 Action plans
40 Draft action plan 21
41 Public notification of draft action plan 22
42 Preparation of action plan 22
Part 4 Protection of animals and fish
43 Nests of native animals 23
44 Killing native animals 24
45 Taking native animals 25
46 Keeping animals 25
47 Selling animals 26
48 Import and export of animals 26
49 Release of animals from captivity 26
50 Escape of native animals 28
Part 5 Protection of plants
51 Taking plants 29
52 Preservation of native timber 30
53 Dealing in protected native plants 32
54 Plant tags 33
Part 6 Prohibited and controlled organisms
55 Declarations 34
56 Possession of prohibited organisms 34
57 Controlled organisms 34
Part 7 Conservation directions
58 Meaning of native animal in pt 7 35
59 Entry onto land for purpose of carrying out examination 35
60 Conservation directions 36
61 Diseased native animals and plants 36
62 Conservation criteria 37
Part 8 Reserved areas
Division 8.1 Restriction on activities in reserved areas
63 Access to reserved areas 38
64 Entry to reserved areas 39
65 Signs in reserved areas 39
66 Rubbish and fires in reserved areas 40
67 Activities in reserved areas 41
68 Taking animals and plants into reserved areas 42
69 Powers of conservation officers in reserved areas 43
70 Offences in wilderness areas 44
71 Compensation 44
72 Restoration of excavation sites by permit holders 44
Division 8.2 Clearing native vegetation in reserved areas
Subdivision 8.2.1 Interpretation for div 8.2
73 Definitions for div 8.2 45
74 Meaning of clearing native vegetation 46
75 Meaning of clearing causing serious harm to reserved area 46
76 Meaning of clearing causing material harm to reserved area 47
Subdivision 8.2.2 Offences of clearing native vegetation in reserved areas
77 Clearing causing serious harm 47
78 Clearing causing material harm 48
79 Clearing generally 50
80 Lawful clearing 50
81 Alternative verdicts for offences against s 77 and s 78 50
82 Order for restoration etc—clearing offences 51
Division 8.3 Damaging land in reserved areas
Subdivision 8.3.1 Interpretation for div 8.3
83 Definitions for div 8.3 52
84 Meaning of damage causing serious harm to reserved area 53
85 Meaning of damage causing material harm to a reserved area 54
Subdivision 8.3.2 Offences of damaging land in reserved areas
86 Damage causing serious harm 54
87 Damage causing material harm 55
88 Damage causing harm 56
89 Lawful damage 56
90 Alternative verdicts for offences against s 86 and s 87 57
91 Order for rehabilitation etc—damage offences 58
Part 8A Land development applications
91A Meaning of development—pt 8A 60
91B Simplified outline 60
91C Advice about adverse environmental impacts 61
91D Requirements for conservator’s advice 61
Part 9 Injunctive orders
92 Application for order 64
93 Making of order 64
94 Interim order 65
95 Costs—public interest 65
96 Security for costs etc 65
97 Compensation in relation to injunctive proceedings 65
Part 10 Management agreements
98 Definitions for pt 10 67
99 Management agreements 68
100 Formulation of agreements 69
101 Refusal to enter into management agreement 70
102 Activities inconsistent with management agreement 70
Part 11 Licences
103 Application 71
104 Grant of licence 71
105 Conditions 71
106 Licensing criteria 73
107 Duration 73
108 Surrender 73
109 Nature of rights conferred by licences 74
110 Cancellation 74
111 Production of licences 74
112 Records to be kept by licence holders 75
113 Production of records 75
Part 12 Notification and review of decisions
114 Meaning of reviewable decision—pt 12 76
115 Reviewable decision notices 76
116 Applications for review 76
Part 14 Miscellaneous
127 Royalty 77
128 Provisions not to apply to conservation officers 78
129 Act not to apply to certain appointed people 79
130 Power of entry and search 79
131 Further powers of conservation officers 80
132 Seizure and release of bird wildlife 81
133 Seizure and forfeiture of animals and plants 82
134 Release of animals—court orders 83
135 Acts and omissions of representatives 84
136 Criminal liability of executive officers 85
137 Approved forms 87
138 Evidence 87
139 Determination of fees 87
140 Regulation-making power 88
Schedule 1 Reviewable decisions 89
Dictionary91
Endnotes
1 About the endnotes 99
2 Abbreviation key 99
3 Legislation history 100
4 Amendment history 109
5 Earlier republications 146
6 Renumbered provisions 147
Nature Conservation Act 1980 (repealed)
An Act to make provision for the protection and conservation of native animals and native plants, and for the reservation of areas for those purposes
Part 1Preliminary
Name of Act
This Act is the Nature Conservation Act 1980.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.
For example, the signpost definition ‘motor vehicle—see the Road Transport (General) Act 1999, dictionary.’ means that the expression ‘motor vehicle’ is defined in the dictionary to that Act and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156).
Notes
A note included in this Act is explanatory and is not part of this Act.
Note See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to the offences against this Act in the following divisions:
· div 8.2 (Clearing native vegetation in reserved areas)
· div 8.3 (Damaging land in reserved areas).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Relationship with Emergencies Act
(1)This Act does not apply to the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of protecting life or property, or controlling, extinguishing or preventing the spread of a fire.
(2)In this section:
relevant person means—
(a)the chief officer (fire and rescue); or
(b)any other member of fire and rescue; or
(c)the chief officer (rural fire service); or
(d)any other member of the rural fire service; or
(e)any other person under the control of the chief officer (fire and rescue) or the chief officer (rural fire service); or
(f)a police officer.
Construction consistent with environment laws
(1)This Act shall be construed and administered in a manner that is consistent with an environment law unless the contrary intention appears from this Act or that law.
(2)This Act shall be taken to be consistent with an environment law to the extent that it is capable of operating concurrently with that law.
(3)In this section:
environment law means a law of the Territory that has as 1 of its objects or purposes the protection of the environment.
Part 2Nature conservation strategies, declarations and action plans
Division 2.1 The conservator and the service
Conservator of Flora and Fauna
The director‑general must appoint a public servant as the Conservator of Flora and Fauna.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Conservation officers
(1)The director‑general may appoint a person as a conservation officer.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(2)The conservator is also a conservation officer.
Identity cards
(1)The director‑general shall issue to the conservator an identity card that specifies the conservator’s name and office, and on which appears a recent photograph of the conservator.
(2)The director‑general shall issue to a conservation officer an identity card that specifies the officer’s name and office, and on which appears a recent photograph of the officer.
(3)Upon ceasing—
(a)to occupy, or to act in, the office of the conservator; or
(b)to occupy, or to act in, an office of a conservation officer; or
(c)to be appointed as a conservation officer under section 8;
a person shall not, without reasonable excuse, fail to return his or her identity card to the director‑general.
Maximum penalty (subsection (3)): 1 penalty unit.
Exercise of powers
The conservator or a conservation officer, in exercising a power conferred on him or her under this Act, other than a power conferred by part 11, may exercise the power with such assistance as is necessary.
Delegation by conservator
The conservator may delegate the conservator’s functions under this Act to a conservation officer.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Australian Capital Territory Parks and Conservation Service
(1)There is established by this Act a service by the name of the Australian Capital Territory Parks and Conservation Service.
(2)The Australian Capital Territory Parks and Conservation Service shall consist of the conservation officers.
(3)It is the function of the Australian Capital Territory Parks and Conservation Service to assist the conservator in the exercise of his or her functions under this Act.
Division 2.2 Flora and Fauna Committee
Subdivision 2.2.1 Establishment, functions and powers
Establishment of Flora and Fauna Committee
The Flora and Fauna Committee is established.
Functions
The functions of the committee are—
(a)to provide advice to the Minister in relation to nature conservation; and
(b)to exercise such powers as are provided for under this Act.
NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
Directions to committee
(1)The Minister may give the committee general directions, in writing, in relation to nature conservation.
(2)The Minister shall give a copy of any direction under subsection (1) to the conservator.
Subdivision 2.2.2 Constitution and meetings
Membership
(1)The committee consists of 7 members appointed by the Minister, at least 2 of whom must not be public servants.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
(2)The Minister shall not appoint a person as a member unless the Minister is satisfied that the person has appropriate expertise in biodiversity or ecology.
(3)A member holds office as a part-time member.
(4)A member must not be appointed for more than 3 years.
NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def of appoint).
(5)A member holds office on the conditions (if any) about matters not provided for by this part that are determined in writing by the Minister.
Appointment of chairperson and deputy chairperson
(1)The Minister shall appoint from the members—
(a)a chairperson; and
(b)a deputy chairperson.
(2)The chairperson and the deputy chairperson shall not be public servants.
Secretary to committee
The secretary to the committee must be a public servant nominated by the director‑general.
Leave of absence
The Minister may, by writing, grant leave of absence to a member on specified terms and conditions as to remuneration or otherwise.
Disclosure of interests
(1)A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the committee shall, as soon as practicable after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a committee meeting.
(2)A disclosure shall be recorded in the minutes of the meeting and, unless the Minister otherwise determines, the member shall not—
(a)be present during any deliberation of the committee with respect to that matter; or
(b)take part in any decision of the committee with respect to that matter.
Termination of appointment
(1)The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.
(2)If a member—
(a)without reasonable excuse, contravenes section 21; or
(b)is absent from duty, except on leave of absence granted by the Minister, from 3 consecutive meetings of the committee;
the Minister shall terminate the appointment of the member.
Note The member’s appointment also ends if the member resigns (see Legislation Act 2001, s 210 (1) and (2)).
Convening meetings
(1)The chairperson, or, if he or she is unable to do so, the deputy chairperson, shall convene such committee meetings—
(a)as he or she considers necessary for the efficient performance of its functions; and
(b)as the Minister directs by notice in writing given to the chairperson or the deputy chairperson.
(2)Where the chairperson or the deputy chairperson proposes to convene a meeting of the committee, he or she shall, not later than 5 working days before the date of the proposed meeting, give each member a notice, in writing, specifying—
(a)the date, time and place of the meeting; and
(b)the matters to be considered at the meeting.
Procedure at meetings
(1)The chairperson shall preside at all committee meetings at which he or she is present.
(2)Where the chairperson is not present at a meeting, the deputy chairperson shall preside.
(3)Where the chairperson and the deputy chairperson are both absent from a meeting, the members present shall elect 1 of their number to preside.
(4)The member presiding at a meeting may give directions regarding the procedure to be followed in connection with the meeting.
(5)Questions arising at a meeting shall be decided by a majority of the votes of the members present and voting.
(6)The member presiding at a meeting has a deliberative vote and, in the event of an equality of votes, a casting vote.
(7)The committee shall keep minutes of its proceedings.
Quorum
At a meeting of the committee, a majority of the members for the time being constitute a quorum.
Part 3Nature conservation and declarations
Division 3.1 Nature conservation strategy
Draft nature conservation strategy
(1)The conservator shall prepare a draft nature conservation strategy in writing.
NotePower given under an Act to make a statutory instrument (including the draft nature conservation strategy) includes power to amend or repeal the instrument (see Legislation Act 2001, s 46 (1)).
(2)A draft nature conservation strategy prepared pursuant to subsection (1) shall include proposals in relation to the protection, management and conservation of flora and fauna indigenous to the Territory.
Public notification of draft nature conservation strategy
(1)If the conservator prepares a draft nature conservation strategy, the conservator must also prepare a notice—
(a)stating that copies of the draft strategy are available for inspection during office hours at a place stated in the notice; and
(b)inviting interested people to make written comments about the draft strategy to the conservator at the place, and within the period (the consultation period), stated in the notice.
(2)The consultation period must be at least 21 days after the day the notice is notified under the Legislation Act 2001.
(3)The notice is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001.
(4)The conservator must also publish the notice in a newspaper.
(5)During the consultation period, the conservator must make copies of the draft nature conservation strategy available for inspection in accordance with the notice.
(6)In this section:
draft nature conservation strategy includes a draft nature conservation strategy that has been revised under section 28.
Confirmation, revision, deferral or withdrawal of draft nature conservation strategy
(1)After the end of the consultation period for a draft nature conservation strategy, the conservator may, in writing—
(a)confirm the draft strategy; or
(b)revise the draft strategy; or
(c)defer the submission of the draft strategy to the Minister until a stated date or the happening of a stated event; or
(d)withdraw the draft strategy.
(2)An instrument under subsection (1) (c) or (d) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
(3)In deciding whether to confirm, revise, defer or withdraw a draft nature conservation strategy under this section, the conservator must consider the comments (if any) made to the conservator about the draft strategy during the consultation period.
(4)If a draft nature conservation strategy is deferred under this section, as soon as practicable after the date, or the happening of the event, stated in the instrument of deferral, the conservator must prepare a notice stating that the draft strategy is revived.
(5)The notice is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
Submission or resubmission of draft nature conservation strategy to Minister
(1)If the conservator—
(a)confirms a draft nature conservation strategy; or
(b)prepares a notice under section 28 stating that a draft nature conservation strategy is revived;
the conservator must submit the draft nature conservation strategy to the Minister for approval, together with a written report setting out the issues raised in the written comments (if any) received by the conservator about the draft strategy during the consultation period.
(2)If a draft nature conservation strategy is deferred under section 30 (Minister’s powers in relation to draft nature conservation strategy), as soon as practicable after the date, or the happening of the event, stated in the instrument of deferral, the conservator must prepare a notice stating the draft strategy is revived.
(3)The notice is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
(4)If the conservator—
(a)gives effect to a direction of the Minister under section 30 in relation to a draft nature conservation strategy (other than a direction to defer resubmission of the draft strategy or to withdraw it); or
(b)prepares a notice under subsection (2) in relation to a draft strategy;
the conservator must resubmit the draft strategy to the Minister for approval.
(5)In this section:
draft nature conservation strategy includes a draft nature conservation strategy that has been revised under section 28.
Minister’s powers in relation to draft nature conservation strategy
(1)If a draft nature conservation strategy is submitted or resubmitted to the Minister for approval, the Minister must—
(a)approve the draft strategy in the form in which it is submitted or resubmitted; or
(b)return the draft strategy to the conservator and direct the conservator to take any 1 or more of the following actions in relation to it:
(i)conduct further specified consultation;
(ii)consider any relevant environmental report, the report of any relevant inquiry under the Planning and Development Act 2007, or any other relevant report;
(iii)consider any revision suggested by the Minister;
(iv)revise the draft strategy in a specified manner;
(v)defer, by written notice, resubmission of the draft strategy to the Minister;
(vi)withdraw the draft strategy by written notice; or
(c)reject the draft strategy.
(2)A draft nature conservation strategy approved under this section is a disallowable instrument.
Note 1A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Note 2An amendment or repeal of a draft nature conservation strategy is also a disallowable instrument (see Legislation Act 2001, s 46 (2)).
(3)A notice under subsection (1) (b) (v) or (vi) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001.
Notice of rejection of draft nature conservation strategy
(1)If the Minister rejects a draft nature conservation strategy under section 30, the Minister must prepare a notice stating that the draft strategy has been rejected.
(2)The notice is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
(3)The Minister must also publish the notice in a newspaper.
Commencement of nature conservation strategy etc
(1)To the extent that they have not been disallowed under the Legislation Act 2001, the provisions of an instrument prepared for the purposes of section 26 (1) (including any revision of the instrument) become the text of the nature conservation strategy for the Territory (the strategy).
(2)As soon as practicable after the provisions of an instrument become the text of the strategy, or variation of the strategy, the Minister must, in writing, fix a day when the strategy or variation is to commence.
Note An instrument under this subsection is a commencement notice (see Legislation Act 2001, s 11). A commencement notice must be notified under the Legislation Act 2001.
Division 3.2 Declarations about special protection status and protected and exempt flora and fauna
Special protection status
(1)The conservator may declare the members of a species of migratory animal to have special protection status if the protection of the species is the object, or part of the object, of an Act of the Commonwealth, or of an international agreement (however described) entered into by the Commonwealth.
(2)The conservator shall declare the members of a species of native animal or native plant to have special protection status if—
(a)he or she believes on reasonable grounds that the species is threatened with extinction; or
(b)the Minister makes a declaration under section 38 that the species is endangered.
(3)A declaration under this section is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
(4)In this section:
migratory animal means a migratory animal that periodically or occasionally visits Australia, the Australian coastal sea or the sea over the continental shelf of Australia.
Declaration of protected and exempt flora and fauna
(1)The conservator may declare—
(a)fish or invertebrates of a particular kind to be protected fish or protected invertebrates; or
(b)animals of a particular kind to be exempt animals; or
(c)native plants of a particular kind to be protected native plants; or
(d)native animals of a particular kind to be protected native animals.
(2)In making a declaration under subsection (1), the conservator shall take into consideration—
(a)the need to protect native animals and native plants generally in the Territory; and
(b)the need to conserve the significant ecosystems of the Territory, New South Wales and Australia; and
(c)in relation to a declaration under subsection (1) (a), (c) or (d)—the specialised welfare and security requirements of the animal, plant, fish or invertebrate.
(3)A declaration under this section is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Division 3.3 Declaration of species, community or process
Subdivision 3.3.1 Criteria and guidelines for declarations
Criteria for recommending declaration
(1)The committee must specify criteria for assessing whether the committee should recommend the making of a declaration under section 38 (Declaration of species, community or process).
(2)In specifying criteria for the purposes of subsection (1) the committee shall have regard only to factors relevant to—
(a)the conservation of a species or ecological community; or
(b)the ecological significance of a threatening process;
in relation to the Territory and the surrounding region.
(3)An instrument under this section is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Guidelines for dealing with applications for declarations
(1)The committee must specify guidelines for the procedures to be followed by the committee in relation to making a decision on an application under section 39 (Request to Committee to recommend making of declaration).
(2)An instrument under this section is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Public consultation on preparation of relevant criteria and guidelines
(1)Before specifying criteria under section 35, the committee shall cause a notice to be published in a newspaper—
(a)outlining the proposed criteria; and
(b)inviting written suggestions in relation to the inclusion of relevant criteria to be lodged with it within 28 days after the date of the invitation.
(2)Before specifying guidelines under section 36, the committee shall cause a notice to be published in a newspaper—
(a)outlining the proposed guidelines; and
(b)inviting written suggestions in relation to the inclusion of relevant criteria to be lodged with it within 28 days after the date of the invitation.
(3)On receiving any such suggestions the committee shall consider those suggestions.
Subdivision 3.3.2 Making of declarations
Declaration of species, community or process
(1)Where, having regard to the criteria specified under section 35, the committee has reasonable grounds to believe that a species is vulnerable or endangered, the committee shall advise the Minister of that opinion and recommend to the Minister that the species be declared to be vulnerable or endangered, as the case may be.
(2)Where, having regard to the criteria specified under section 35, the committee has reasonable grounds to believe that an ecological community is endangered, the committee shall advise the Minister of that opinion and recommend to the Minister that the community be declared to be an endangered community.
(3)Where, having regard to—
(a)the criteria specified under section 35; and
(b)the significance of a process within the Territory and the surrounding region;
the committee has reasonable grounds to believe that the process is a threatening process, the committee shall advise the Minister of that opinion and recommend to the Minister that the process be declared to be a threatening process.
(4)If the Minister accepts a recommendation under this section, the Minister must make the declaration recommended.
(5)A declaration under this section is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
(6)In this section:
vulnerable, in relation to a species, means a species that within the next 25 years is likely to become endangered unless the circumstances and factors threatening its abundance, survival or evolution cease.
Request to committee to recommend making of declaration
(1)A person may make an application to the committee requesting the committee to recommend the making of a declaration under section 38.
(2)An application shall be—
(a)in a form approved by the committee; and
(b)accompanied by a statement containing the reasons why the applicant considers that the declaration should be made.
(3)On application, in accordance with this section, the committee may, after considering the relevant criteria—
(a)make the recommendation sought; or
(b)refuse to make that recommendation.
(4)Where the committee, in accordance with subsection (3) (b), refuses to make a recommendation, the chairperson shall give to the applicant a written notice including a statement of reasons for the decision.
(5)A form approved for this section is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
Division 3.4 Action plans
Draft action plan
(1)The conservator shall prepare, for public information, a draft action plan in relation to each species, ecological community or process the subject of a declaration under section 38.
(2)A draft action plan prepared pursuant to subsection (1) shall include—
(a)proposals to ensure, as far as is practicable, the identification, protection and survival of the species, or the ecological community; or
(b)proposals to minimise the effect of any process which threatens any species or ecological community.
Public notification of draft action plan
(1)If the conservator prepares a draft action plan, the conservator must also prepare a notice—
(a)stating that copies of the draft action plan are available for inspection during office hours at a place stated in the notice; and
(b)inviting interested people to make written comments about the draft action plan to the conservator at the place, and within the period (the consultation period), stated in the notice.
(2)The consultation period must be at least 21 days after the day the notice is notified under the Legislation Act 2001.
(3)The notice is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
(4)The conservator must also publish the notice in a newspaper.
(5)During the consultation period, the conservator must make copies of the draft action plan available for inspection in accordance with the notice.
Preparation of action plan
(1)After the end of the consultation period for a draft action plan for a species, ecological community or process, the conservator may prepare an action plan for the species, ecological community or process.
(2)In preparing the action plan, the conservator must consider the comments (if any) received by the conservator about the draft plan during the consultation period.
(3)An action plan is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Part 4Protection of animals and fish
Nests of native animals
(1)A person shall not, except in accordance with a licence, interfere with a nest of a native animal, or with anything in the immediate environment of such a nest, if the interference—
(a)places the animal or its progeny in danger of death; or
(b)places the animal in danger of not being able to breed—
(i)if the interference occurs during the animal’s breeding season—during that season; or
(ii)in any other case—during the animal’s next breeding season.
Maximum penalty:
(a)if the animal has special protection status—100 penalty units, imprisonment for 1 year or both; or
(b)in any other case—50 penalty units, imprisonment for 6 months or both.
(2)A person shall not, except in accordance with a licence, interfere with a nest of a native animal, or with anything in the immediate environment of such a nest.
Maximum penalty:
(a)if the animal has special protection status—30 penalty units; or
(b)in any other case—20 penalty units.
(3)It is a defence to a prosecution for an offence against subsection (1) if it is established that the defendant believed on reasonable grounds that the alleged danger did not exist.
(4)It is a defence to a prosecution for an offence against subsection (1) or (2) if it is established that the defendant believed on reasonable grounds that the place, structure or object alleged to have been interfered with—
(a)was not a nest; or
(b)was not in the immediate environment of a nest;
as the case may be.
(5)In this section:
interfere with includes damage or destroy.
nest, in relation to a native animal, includes—
(a)a particular place, structure or object that is being, or has been within the previous 2 years, used as a nesting place by the animal; or
(b)a partially constructed nest that has not been used as a nesting place by the animal.
Killing native animals
(1)A person shall not, except in accordance with a licence, kill a native animal.
Maximum penalty:
(a)if the animal has special protection status—100 penalty units, imprisonment for 1 year or both; or
(b)in any other case—50 penalty units, imprisonment for 6 months or both.
(2)Subsection (1) does not apply to or in relation to the killing of an animal in circumstances in which the animal constitutes a danger to a person.
Taking native animals
(1)A person shall not, except in accordance with a licence, take a native animal, whether dead or alive.
Maximum penalty:
(a)if the animal has special protection status—100 penalty units, imprisonment for 1 year or both; or
(b)in any other case—50 penalty units, imprisonment for 6 months or both.
(2)This section does not apply to the taking of an animal that is suffering from a disease, illness or injury for the purpose of treating it or giving it to a conservation officer.
Keeping animals
(1)A person shall not, except in accordance with a licence, keep an animal other than an exempt animal.
Maximum penalty:
(a)if the animal has special protection status—100 penalty units, imprisonment for 1 year or both; or
(b)in any other case—50 penalty units, imprisonment for 6 months or both.
(2)Subsection (1) does not apply to or in relation to an animal kept by a person if—
(a)the animal is suffering from a disease, illness or injury; and
(b)the animal is being kept by the person for the purpose of being given treatment for that disease, illness or injury or being delivered to a conservation officer; and
(c)the period for which the animal has been kept by the person does not exceed 48 hours.
Selling animals
A person shall not, except in accordance with a licence, sell an animal other than an exempt animal.
Maximum penalty:
(a)if the animal has special protection status—100 penalty units, imprisonment for 1 year or both; or
(b)in any other case—50 penalty units, imprisonment for 6 months or both.
Import and export of animals
A person shall not, except in accordance with a licence, import into or export from the Territory an animal other than an exempt animal.
Maximum penalty:
(a)if the animal has special protection status—100 penalty units, imprisonment for 1 year or both; or
(b)in any other case—50 penalty units, imprisonment for 6 months or both.
Release of animals from captivity
(1)A person shall not, except in accordance with a licence, release a native animal from captivity if the release—
(a)places the animal in greater danger of injury or death than if it had been kept in captivity; or
(b)threatens the survival, abundance or evolution of any species of native animals.
Maximum penalty:
(a)if the animal has special protection status—100 penalty units, imprisonment for 1 year or both; or
(b)in any other case—50 penalty units, imprisonment for 6 months or both.
(2)A person shall not, except in accordance with a licence, release an animal that is not a native animal from captivity if the release—
(a)places any native animal in danger of injury or death; or
(b)threatens the survival, abundance or evolution of any species of native animals.
Maximum penalty: 50 penalty units.
(3)A person shall not, except in accordance with a licence, release an animal from captivity.
Maximum penalty: 50 penalty units.
(4)It is a defence to a prosecution for an offence against subsection (1) if it is established that the defendant believed on reasonable grounds that the release of the animal—
(a)did not place the animal in greater danger of injury or death than if it had been kept in captivity; and
(b)did not threaten the survival, abundance or evolution of any species of native animals.
(5)It is a defence to a prosecution for an offence against subsection (2) if it is established that the defendant believed on reasonable grounds that the release of the animal—
(a)did not place any native animal in danger of injury or death; and
(b)did not threaten the survival, abundance or evolution of any species of native animals.
(6)This section does not apply to a person who—
(a)finds and takes a native animal that is suffering from a disease, illness or injury; and
(b)within 48 hours of having taken the animal—
(i)treats the animal; and
(ii)releases it within 500m of the place where it was taken.
Escape of native animals
Where a native animal escapes from custody—
(a)the interest held by any person in the animal is divested from that person; and
(b)any licence held by a person in respect of the animal ceases to apply to the animal.
Part 5Protection of plants
Taking plants
(1)A person shall not, except in accordance with a licence, take a plant that—
(a)has special protection status; or
(b)is a protected native plant; or
(c)is a native plant growing on unleased land.
Maximum penalty:
(a)if the plant has special protection status—100 penalty units, imprisonment for 1 year or both; or
(b)if the plant does not have special protection status but the court finds that the defendant intended to sell it—50 penalty units, imprisonment for 6 months or both; or
(c)in any other case—50 penalty units.
(2)Subsection (1) does not apply where—
(a)an occupier of land not in a built-up area—
(i)cultivates a protected native plant on the land; or
(ii)takes seeds from a protected native plant growing on the land for the purposes of cultivating such a plant on the land; or
(b)an occupier of land takes a protected native plant growing on the land which had been planted or caused to be planted by the occupier; or
(c)a person takes seeds for domestic use from a native plant (other than a plant having special protection status or a protected native plant) growing on unleased land; or
(d)an occupier of land in a built-up area takes a protected native plant growing on the land; or
(e)an occupier of land outside any built-up area takes a protected native plant in the course of preparing or using the land for primary production in accordance with the lease or licence under which the land is occupied; or
(f)a conservation officer or public servant takes a native plant in the exercise of his or her functions.
(3)Where, in a prosecution for an offence against subsection (1), the plant to which the offence relates is seaweed, it is a defence to the prosecution that the quantity of seaweed picked by the defendant was not reasonably sufficient to enable the seaweed to be used for commercial purposes.
(4)In this section:
cultivates, in relation to a native plant, means sowing its seeds, fertilising it, applying chemicals to it or trimming, lopping or digging it up—
(a)for a purpose reasonably beneficial to the plant, or to a protected native plant growing in close proximity; or
(b)for the purpose of its propagation.
native plant does not include native timber.
protected native plant does not include native timber.
Preservation of native timber
(1)A person shall not, without reasonable excuse—
(a)fell, or cause to be felled; or
(b)damage, or cause to be damaged;
standing native timber on unleased land in the built-up area, or leased or unleased land outside the built-up area, except in accordance with a licence.
Maximum penalty: 50 penalty units.
(2)Subsection (1) does not apply in relation to felling or damage of native timber on leased land outside the built-up area where—
(a)the timber was planted by or on behalf of an occupier and felled or damaged by or on behalf of that occupier or a subsequent occupier; or
(b)in the case of timber which is felled—in the opinion of the person responsible for the felling, based on reasonable grounds, the felling of the timber was necessary to avert an immediate danger of injury to a person or damage to property; or
(c)the timber is felled or damaged with the intention of using it on the land for a purpose other than sale or trade.
(3)A person shall not, without reasonable excuse, remove or cause to be removed fallen native timber on unleased land in the built-up area, or leased or unleased land outside the built-up area, except in accordance with a licence.
Maximum penalty: 50 penalty units.
(4)A person shall not without reasonable excuse damage, or cause to be damaged, fallen native timber on unleased land, except—
(a)in accordance with a licence; or
(b)if the timber has a diameter of less than 10cm.
Maximum penalty: 50 penalty units.
(5)Subsections (1), (3) and (4) do not apply in relation to the felling, removal or damage of native timber—
(a)by a conservation officer, or a public servant, in the exercise of his or her functions; or
(b)with the authority of the conservator.
(6)In addition to the penalty that may be imposed for an offence against this section involving the felling or removal of native timber, the court may order the defendant to pay to the Territory an amount equal to the value of the timber felled or removed in contravention of this section.
(7)Where the court makes an order under subsection (6), the same proceedings may be taken upon the order as if it were a judgment of the Magistrates Court entered in civil proceedings in favour of the Territory.
(8)In this section:
removal means—
(a)in relation to native timber on leased land—removal of the timber from the land subject to the lease; or
(b)in relation to native timber on unleased land—removal from the immediate vicinity.
Dealing in protected native plants
(1)A person shall not, except in accordance with a licence—
(a)sell a protected native plant; or
(b)import into the Territory, or export from the Territory, a protected native plant for the purposes of sale or trade.
Maximum penalty:
(a)if the plant has special protection status—100 penalty units, imprisonment for 1 year or both; or
(b)in any other case—50 penalty units, imprisonment for 6 months or both.
(2)Nothing in subsection (1) applies to or in relation to the importation into the Territory of native timber.
Plant tags
(1)A person shall not sell or export from the Territory a protected native plant, or a plant that has special protection status, other than a seed or a dead plant, unless there is attached to the plant a tag of an approved kind on which the particulars referred to in subsection (2) are clearly and indelibly marked.
Maximum penalty:
(a)if the plant has special protection status—50 penalty units; or
(b)in any other case—25 penalty units.
(2)The particulars to be marked on a tag for the purpose of subsection (1) are—
(a)the name of the person proposing to sell or export the plant; and
(b)the botanical name and common name (if any) of the plant.
(3)For the purposes of subsection (1), a tag shall be taken to be a tag of an approved kind if it is made of metal, plastic, cloth or some other durable material.
Part 6Prohibited and controlled organisms
Declarations
(1)The conservator may declare organisms of a particular kind to be prohibited organisms.
(2)The conservator may declare organisms of a particular kind to be controlled organisms.
(3)In making a declaration under this section, the conservator shall consider—
(a)the need to protect native animals and native plants in the Territory; and
(b)the need to conserve the significant ecosystems of the Territory, New South Wales and Australia.
(4)A declaration under this section is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Possession of prohibited organisms
A person shall not possess a prohibited organism, except in accordance with a licence.
Maximum penalty: 50 penalty units.
Controlled organisms
A person shall not perform an action prescribed by the regulations in relation to a controlled organism, except in accordance with a licence.
Maximum penalty: 50 penalty units.
Part 7Conservation directions
Meaning of native animal in pt 7
In this part:
native animal includes any live fish.
Entry onto land for purpose of carrying out examination
(1)Subject to subsection (2), a conservation officer may enter land and carry out on the land such investigations and examinations in relation to native animals or native plants on the land as the conservation officer considers necessary or desirable for the purpose of ensuring the protection and conservation of those animals or plants.
(2)A conservation officer shall not enter occupied land, or exercise a power conferred by subsection (1) in relation to occupied land, unless—
(a)he or she has received permission in writing to do so from the occupier of the land; or
(b)he or she has, not less than 24 hours before entering the land, given the occupier written notice of intention to enter the land.
(3)Where an occupier (not being the Territory or Commonwealth or a statutory authority) of land suffers loss or damage by reason of the exercise, in relation to the land, of a power conferred by this section, there is due to the person by the Territory such amount as is necessary to compensate the person for the loss or damage suffered by him or her.
(4)In this section:
statutory authority means an authority established by or under a law of the Commonwealth or the Territory.
Conservation directions
(1)The conservator may give the occupier of land directions for the protection or conservation of native animals, native plants and native timber on the land.
(2)Directions under subsection (1) shall—
(a)specify a period, expiring no earlier than 14 days after the date of the directions, within which the directions are to be complied with; and
(b)be in accordance with the criteria determined under section 62.
(3)A person to whom directions are given in accordance with this section shall not, without reasonable excuse, fail to comply with the directions within the time specified in the directions.
Maximum penalty:
(a)if the directions relate to the protection or conservation of native animals or plants having special protection status—100 penalty units; or
(b)in any other case—50 penalty units.
Diseased native animals and plants
(1)Where the conservator has reasonable cause to believe—
(a)that a native animal or a native plant is suffering from a disease; and
(b)that it is necessary or desirable for treatment of a particular kind to be carried out in connection with that disease;
the conservator may, by notice in writing, direct the owner of the animal or plant, within such period as is specified in the notice, to carry out that treatment.
(2)The conservator shall only issue a notice under subsection (1) in accordance with the criteria determined under section 62.
(3)Where a notice is given to a person under subsection (1) and—
(a)the person does not comply with the notice; or
(b)the notice is complied with but the animal or plant does not, within a reasonable time, respond satisfactorily to the treatment;
the conservator may, by notice in writing, require the person, within such period as is specified in the notice, to deliver up the animal or plant to the conservator or to destroy it.
(4)If a person to whom a notice in respect of a native animal is given under subsection (3) fails to comply with the notice, a conservation officer may—
(a)enter the land or premises where the animal is kept; and
(b)seize the animal.
(5)A conservation officer may, in respect of an animal seized by the officer under subsection (4)—
(a)carry out such treatment, and dispose of the animal in such manner, as he or she thinks fit; or
(b)destroy the animal.
Conservation criteria
(1)The conservator may determine criteria for the purposes of sections 60 (2) (b) and 61 (1).
(2)A determination under subsection (1) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Part 8Reserved areas
Division 8.1 Restriction on activities in reserved areas
Access to reserved areas
(1)The conservator may—
(a)restrict access to a reserved area, or part of a reserved area, to certain persons or persons included in a class of persons; or
(b)prohibit access to a reserved area, or part of a reserved area;
where he or she has reasonable cause to believe that—
(c)public safety would be endangered; or
(d)the management of the reserved area, or that part of the reserved area, would be interfered with;
by public access to the reserved area, or that part of the reserved area.
(2)Notice of a restriction or prohibition under subsection (1) shall—
(a)be published in a newspaper circulating in the Territory; and
(b)be prominently displayed at all entrances to the reserved area or part of the reserved area.
(3)A person who, or a person included in a class of persons which, is, by virtue of subsection (1), prohibited from entering a reserved area or part of a reserved area shall not enter the reserved area or that part of the reserved area.
Maximum penalty: 50 penalty units.
(4)It is a defence to a prosecution for an offence against subsection (3) that—
(a)the presence of the defendant in the reserved area, or the part of the reserved area, as the case may be—
(i)was due to the existence of an emergency; or
(ii)was unavoidable by the taking of reasonable care; or
(b)the defendant had no reasonable grounds for suspecting that entry into the reserved area, or part of the reserved area, was prohibited under subsection (1).
(5)In this section:
reserved area includes an area of public land that—
(a)is reserved under the Territory plan as a special purpose reserve; and
(b)is not leased land.
Entry to reserved areas
If, when asked by a conservation officer, a person fails to pay a fee payable by the person for entry into a reserved area, the person must not enter the area.
Maximum penalty: 20 penalty units.
Signs in reserved areas
(1)The conservator may authorise the erection, at or near the entrances to a reserved area or a part of a reserved area, of signs containing directions to be followed by, warnings for the guidance of, and requirements to be observed by, persons entering the reserved area or that part of the reserved area.
(2)A person in a reserved area shall not contravene a direction or requirement on a sign erected in pursuance of subsection (1).
Maximum penalty: 10 penalty units.
(3)Unless the contrary is proved, evidence that a sign was erected at or near the entrance to a reserved area or a part of a reserved area is evidence that it was erected with the authority of the conservator.
Rubbish and fires in reserved areas
(1)A person shall not, in a reserved area, cause any rubbish or litter to be placed elsewhere than in a receptacle provided for the purpose by the conservator.
Maximum penalty: 10 penalty units.
(2)A person shall not, in a reserved area, light, maintain or use a fire otherwise than in—
(a)a portable barbecue or portable stove, being a barbecue or stove in which heat is provided by the combustion of liquefied petroleum gas; or
(b)a fireplace made available by the conservator; or
(c)a location approved by the conservator.
Maximum penalty: 50 penalty units.
(3) It is a defence to a prosecution for an offence against subsection (2)—
(a)that the fire was lit, maintained or used by the defendant in circumstances that constituted an emergency; or
(b)that the defendant had no reasonable grounds for suspecting that the fire was within a reserved area.
Activities in reserved areas
(1)A person shall not, in a reserved area, without the consent in writing of the conservator—
(a)drive or park a motor vehicle except on a road or track or in a part of the reserved area that is designated to be an area in which the driving or parking of motor vehicles is permitted; or
(b)moor a vessel except in a part of the reserved area that is designated to be an area in which the mooring of vessels is permitted; or
(c)camp except in a part of the reserved area that is designated to be an area in which camping is permitted; or
(d)erect a building, booth, stall, post, sign or other structure; or
(e)supply goods or services; or
(f)plant a plant; or
(g)deposit garden waste, soil or landscaping material that contains plant material capable of propagating.
Maximum penalty: 30 penalty units.
(2)A person shall not, in a reserved area, without the consent in writing of the conservator, use or possess—
(a)a firearm of any kind; or
(b)a spear, spear gun, bow or arrow; or
(c)a trap, net, snare or other device designed, or capable of use, for the taking or capturing of animals; or
(d)any substance that is capable of being used for the taking or capturing of animals.
Maximum penalty: 50 penalty units.
(3)A person shall not, in a reserved area, without the consent in writing of the conservator—
(a)damage or destroy a natural or constructed structure or feature; or
(b)damage or destroy a site, or remove an object, of historical, archaeological, palaeontological or geological interest.
Maximum penalty: 50 penalty units.
(4)For the purposes of subsection (1) (a), driving or parking a motor vehicle is not to be taken to be permitted on or adjacent to a road to which access is barred by a gate or a barrier.
(5)The conservator shall not give consent under subsection (1) in respect of any of the matters referred to in subsection (1) (d) or (e) where the reserved area is, or forms part of, a wilderness area.
(6)Subsection (2) does not apply to the use or possession of a firearm by a police officer in the course of his or her duties as a police officer.
Taking animals and plants into reserved areas
(1)A person shall not—
(a)without the consent in writing of the conservator, take into, or knowingly permit to enter, a reserved area an animal other than a native animal; or
(b)take a pest plant into a reserved area.
Maximum penalty: 5 penalty units.
(2)Subsection (1) does not apply to or in relation to the taking by a blind person of his or her guide dog into a reserved area.
(3)In a prosecution for an offence against subsection (1), evidence that a person had an animal in possession in a reserved area is evidence that the person took the animal into or knowingly permitted the animal to enter, the reserved area.
Powers of conservation officers in reserved areas
(1)A conservation officer may, in a reserved area—
(a)require any person whom he or she finds acting, or whom he or she reasonably suspects of having acted, in an offensive manner, or in such a manner as to create a public nuisance, to leave the reserved area; and
(b)require any person whom he or she reasonably suspects of having done an act in respect of which the person is required to hold an authority under this Act to produce the authority or evidence of the authority.
(2)Where a conservation officer makes a requirement of a person under subsection (1), the conservation officer shall produce his or her identity card for inspection by that person and, if he or she fails to do so, that other person is not obliged to comply with the requirement.
(3)Subject to subsection (2), a person shall not, without reasonable excuse, contravene a requirement made of him or her by a conservation officer under subsection (1).
Maximum penalty: 50 penalty units.
(4)It is a defence to a prosecution for an offence against this section of contravening a requirement to produce an authority or evidence of an authority for the doing of an act if the authority or evidence is, within 2 working days after the requirement was made, produced at the office of the conservator for inspection by a person apparently employed at that office.
(5)In this section:
authority includes a licence.
Offences in wilderness areas
A person shall not, in a wilderness area—
(a)excavate, except in accordance with a licence; or
(b)establish a track or road; or
(c)use a motor vehicle except on a track or road that—
(i)was formed for the use of vehicles having 4 or more wheels; and
(ii)was in existence at the time of the declaration of the wilderness area.
Maximum penalty: 50 penalty units.
Compensation
(1)In a prosecution for an offence against this part involving damage to a reserved area, the court may, in addition to the penalty that may be imposed, order the defendant to pay to the Territory an amount equal to the amount incurred or to be incurred by the Territory in making good the damage.
(2)Where the court makes an order under subsection (1), the same proceedings may be taken upon the order as if it were a judgment of the Magistrates Court entered in civil proceedings in favour of the Territory.
Restoration of excavation sites by permit holders
(1)A person who excavates a site in a wilderness area in accordance with a licence shall, after completing the excavation, restore the site excavated and its surroundings as far as possible to their former state.
(2) If, in the opinion of the conservator based on reasonable grounds, a person fails to comply with subsection (1), that person shall pay to the Territory an amount equal to any amount incurred by the Territory in restoring the site excavated and its surroundings to their former state.
Division 8.2 Clearing native vegetation in reserved areas
Subdivision 8.2.1 Interpretation for div 8.2
Definitions for div 8.2
In this division:
cause serious or material harm, means substantially contribute directly or indirectly to the harm.
native vegetation, in relation to an area, means any of the following kinds of vegetation indigenous to the area:
(a)trees;
(b)understorey plants;
(c)groundcover consisting of any kind of grass or herbaceous vegetation;
(d)plants occurring in a wetland or stream.
Ramsar wetland means a declared Ramsar wetland under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), section 17.
Meaning of clearing native vegetation
(1)In this division:
clearing native vegetation includes any of the following:
(a)cutting down, felling, thinning, logging or removing native vegetation;
(b)burning native vegetation;
(c)doing anything else that kills or is likely to kill native vegetation.
(2)Native vegetation is cleared in an area if vegetation cleared in the area is substantially native vegetation.
Meaning of clearing causing serious harm to reserved area
(1)The clearing of native vegetation in a reserved area causes serious harm to the area if—
(a)it causes the loss of an endangered ecological community or part of an endangered ecological community; or
(b)it causes a substantial loss of habitat of native flora or fauna; or
(c)it happens in a Ramsar wetland; or
(d)the total area cleared of native vegetation is more than 2 hectares; or
(e)the cost of action needed to restore native vegetation to the area cleared is more than the prescribed amount.
(2)In this section:
prescribed amount means—
(a)$50 000; or
(b)if a higher amount is prescribed under the regulations—that amount.
Meaning of clearing causing material harm to reserved area
(1)The clearing of native vegetation in a reserved area causes material harm to the area if—
(a)it happens in a wetland other than a Ramsar wetland; or
(b)the total area cleared of native vegetation is more than 0.2 hectares but not more than 2 hectares; or
(c)the cost of action needed to restore native vegetation to the area cleared is within the prescribed range.
(2)In this section:
prescribed range means—
(a)more than $5 000 but not more than $50 000; or
(b)if a higher range is prescribed under the regulations—that range.
Subdivision 8.2.2 Offences of clearing native vegetation in reserved areas
Clearing causing serious harm
(1)A person commits an offence if—
(a)the person clears native vegetation in a reserved area; and
(b)the clearing causes serious harm to the area; and
(c)the person is reckless about whether—
(i)the vegetation is native vegetation; and
(ii)the area cleared is in a reserved area; and
(iii)the clearing causes serious harm to the reserved area.
Maximum penalty: 2 000 penalty units, imprisonment for 5 years or both.
(2)A person commits an offence if—
(a)the person clears native vegetation in a reserved area; and
(b)the clearing causes serious harm to the area; and
(c)the person is negligent about whether—
(i)the vegetation is native vegetation; and
(ii)the area cleared is in a reserved area; and
(iii)the clearing causes serious harm to the reserved area.
Maximum penalty: 1 500 penalty units, imprisonment for 3 years or both.
(3)A person commits an offence if—
(a)the person clears native vegetation in a reserved area; and
(b)the clearing causes serious harm to the reserved area.
Maximum penalty: 1 000 penalty units.
(4)An offence against subsection (3) is a strict liability offence.
(5)It is a defence to a prosecution for an offence against subsection (3) if the defendant proves that the defendant took all reasonable steps to avoid committing the offence.
Clearing causing material harm
(1)A person commits an offence if—
(a)the person clears native vegetation in a reserved area; and
(b)the clearing causes material harm to the area; and
(c)the person is reckless about whether—
(i)the vegetation is native vegetation; and
(ii)the area cleared is in a reserved area; and
(iii)the clearing causes material harm to the reserved area.
Maximum penalty: 1 000 penalty units, imprisonment for 2 years or both.
(2)A person commits an offence if—
(a)the person clears native vegetation in a reserved area; and
(b)the clearing causes material harm to the area; and
(c)the person is negligent about whether—
(i)the vegetation is native vegetation; and
(ii)the area cleared is in a reserved area; and
(iii)the clearing causes material harm to the reserved area.
Maximum penalty: 750 penalty units, imprisonment for 1 year or both.
(3)A person commits an offence if—
(a)the person clears native vegetation in a reserved area; and
(b)the clearing causes material harm to the area.
Maximum penalty: 500 penalty units.
(4)An offence against subsection (3) is a strict liability offence.
(5)It is a defence to a prosecution for an offence against subsection (3) if the defendant proves that the defendant took all reasonable steps to avoid committing the offence.
Clearing generally
(1)A person commits an offence if the person clears native vegetation in a reserved area.
Maximum penalty: 100 penalty units.
(2)An offence against this section is a strict liability offence.
(3)It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant took all reasonable steps to avoid committing the offence.
Lawful clearing
Section 77, section 78 and section 79 do not apply to the clearing of native vegetation—
(a)in accordance with a licence under this Act; or
(b)in accordance with a development approval under the Planning and Development Act 2007, chapter 7; or
(c)in accordance with a fuel management plan under the Bushfire Act 1936, part 6 (Bushfire-prone government land); or
(d)in accordance with a strategic bushfire management plan under the Emergencies Act 2004.
Alternative verdicts for offences against s 77 and s 78
(1)This section applies if, in a prosecution for a relevant offence, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an alternative offence.
(2)The trier of fact may find the defendant guilty of the alternative offence but only if the defendant has been given procedural fairness in relation to that finding of guilt.
(3)In this section:
alternative offence, in relation to a relevant offence, means an offence mentioned in table 81, column 3 for the offence.
relevant offence means an offence mentioned in table 81, column 2.
Table 81
| column 1 item | column 2 relevant offence | column 3 alternative offence |
| 1 | section 77 (1) (clearing, recklessly causing serious harm) | section 77 (2) (clearing, negligently causing serious harm) |
| section 77 (3) (clearing, causing serious harm) | ||
| 2 | section 77 (2) (clearing, negligently causing serious harm) | section 77 (3) (clearing, causing serious harm) |
| 3 | section 78 (1) (clearing, recklessly causing material harm) | section 78 (2) (clearing, negligently causing material harm) |
| section 78 (3) (clearing, causing material harm) | ||
| 4 | section 78 (2) (clearing, negligently causing material harm) | section 78 (3) (clearing, causing material harm) |
Order for restoration etc—clearing offences
(1)This section applies if a court convicts or finds a person guilty of an offence against any of the following sections in relation to the clearing of native vegetation in a reserved area:
(a)section 77 (Clearing causing serious harm);
(b)section 78 (Clearing causing material harm);
(c)section 79 (Clearing generally).
(2)The court may, in addition to or instead of any other penalty it may impose for the offence, order the person to do any of the following:
(a)take any action the court considers appropriate, including action—
(i)to mitigate the effect of the clearing; and
(ii)to restore native vegetation in the area cleared;
(b)pay an amount to the Territory for reasonable costs incurred, or to be incurred, by the Territory in taking action—
(i)to mitigate the effect of the clearing; or
(ii)to restore native vegetation in the area cleared; or
(iii)to monitor the outcome of action ordered under paragraph (a) or action mentioned in subparagraph (i) or (ii).
(3)The court may order the person to provide security for the performance of any obligation under the order.
Division 8.3 Damaging land in reserved areas
Subdivision 8.3.1 Interpretation for div 8.3
Definitions for div 8.3
In this division:
cause serious or material harm, means substantially contribute directly or indirectly to the harm.
damage, to land, includes the destruction of, or removal from, the land of any of the following:
(a)clay;
(b)gravel;
(c)rock;
(d)sand;
(e)soil;
(f)stone.
Examples of damage to land
1 crushing rocks
2 contaminating soil
3 heaping rocks, stones, gravel, sand, clay or soil
4 altering the soil profile
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Meaning of damage causing serious harm to reserved area
(1)Damage to land in a reserved area causes serious harm to the area if—
(a)it causes the loss of an endangered ecological community or part of an endangered ecological community; or
(b)it causes a substantial loss of habitat of native flora or fauna; or
(c)the total area damaged is more than 2 hectares; or
(d)the cost of action needed to rehabilitate the land damaged is more than the prescribed amount.
(2)In this section:
prescribed amount means—
(a)$50 000; or
(b)if a higher amount is prescribed under the regulations—that amount.
Meaning of damage causing material harm to a reserved area
(1)Damage to land in a reserved area causes material harm to the area if the cost of action needed to rehabilitate the area damaged is within the prescribed range.
(2)In this section:
prescribed range means—
(a)more than $5 000 but not more than $50 000; or
(b)if a higher range is prescribed under the regulations—that range.
Subdivision 8.3.2 Offences of damaging land in reserved areas
Damage causing serious harm
(1)A person commits an offence if—
(a)the person damages land in a reserved area; and
(b)the damage causes serious harm to the area; and
(c)the person is reckless about whether—
(i)the land damaged is in a reserved area; and
(ii)the damage causes serious harm to the area.
Maximum penalty: 2 000 penalty units, imprisonment for 5 years or both.
(2)A person commits an offence if—
(a)the person damages land in a reserved area; and
(b)the damage causes serious harm to the area; and
(c)the person is negligent about whether—
(i)the land damaged is in a reserved area; and
(ii)the damage causes serious harm to the area.
Maximum penalty: 1 500 penalty units, imprisonment for 3 years or both.
(3)A person commits an offence if—
(a)the person damages land in a reserved area; and
(b)the damage causes serious harm to the area.
Maximum penalty: 1 000 penalty units.
(4)An offence against subsection (3) is a strict liability offence.
(5)It is a defence to a prosecution for an offence against subsection (3) if the defendant proves that the defendant took all reasonable steps to avoid committing the offence.
Damage causing material harm
(1)A person commits an offence if—
(a)the person damages land in a reserved area; and
(b)the damage causes material harm to the area; and
(c)the person is reckless about whether—
(i)the land damaged is in a reserved area; and
(ii)the damage causes material harm to the area.
Maximum penalty: 1 000 penalty units, imprisonment for 2 years or both.
(2)A person commits an offence if—
(a)the person damages land in a reserved area; and
(b)the damage causes material harm to the area; and
(c)the person is negligent about whether—
(i)the land damaged is in a reserved area; and
(ii)the damage causes material harm to the area.
Maximum penalty: 750 penalty units, imprisonment for 1 year or both.
(3)A person commits an offence if—
(a)the person damages land in a reserved area; and
(b)the damage causes material harm to the area.
Maximum penalty: 500 penalty units.
(4)An offence against subsection (3) is a strict liability offence.
(5)It is a defence to a prosecution for an offence against subsection (3) if the defendant proves that the defendant took all reasonable steps to avoid committing the offence.
Damage causing harm
(1)A person commits an offence if—
(a)the person damages land in a reserved area; and
(b)the damage causes harm to the area.
Maximum penalty: 100 penalty units.
(2)An offence against this section is a strict liability offence.
(3)It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant took all reasonable steps to avoid committing the offence.
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.70
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))sch 3 pt 3.70 commenced 12 April 2007 (s 2 (1))
Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.28
notified LR 20 June 2007
s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))sch 3 pt 3.28 commenced 11 July 2007 (s 2 (1))
Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.23
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))sch 1 pt 1.23 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.40
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))sch 3 pt 3.40 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.76
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.76 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.116
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.116 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.27
notified LR 31 August 2011
s 1, s 2 commenced 31 August 2011 (LA s 75 (1))sch 3 pt 3.27 commenced 21 September 2011 (s 2 (1))
Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.26
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.26 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011‑12, s 2 and CN2012-4)Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.31
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
amdt 3.120, amdt 3.121, amdt 3.124 commenced 5 June 2012 (s 2 (2))sch 3 pt 3.31 remainder commenced 5 June 2012 (s 2 (1))
Planning and Development (Bilateral Agreement) Amendment Act 2014 A2014-41 sch 1 pt 1.1
notified LR 2 October 2014
s 1, s 2 commenced 2 October 2014 (LA s 75 (1))
sch 1 pt 1.1 commenced 2 April 2015 (s 2 and LA s 79)Annual Reports (Government Agencies) Amendment Act 2015 A2015‑16 sch 1 pt 1.18
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))sch 1 pt 1.18 commenced 3 June 2015 (s 2)
as repealed by
Nature Conservation Act 2014 A2014‑59 s 372
notified LR 11 December 2014
s 1, s 2 commenced 11 December 2014 (LA s 75 (1))
s 372 commenced 11 June 2015 (s 2 (1) and LA s 79)
Amendment history
Long title
long titleam A1994‑110 sch 2
Name of Act
s 1sub A2001‑11 amdt 3.130
Dictionary
s 2sub A2001‑11 amdt 3.130
Notes
s 3sub A2001‑11 amdt 3.130
Offences against Act—application of Criminal Code etc
s 4om A1993‑44 sch 2
ins A2004‑23 s 4
Relationship with Emergencies Act
s 5orig s 5
defs reloc to dict A2001‑11 amdt 3.132
om R6 LRA
def built-up area ins A1994‑110 s 4
om A2001‑11 amdt 3.131
def Chairman om Cwlth Act 1981 No 74 s 77
def Council om Cwlth Act 1981 No 74 s 77
def Department om Ord1989‑38 sch 1
def motor vehicle sub A1999‑79 sch 3
om A2001‑11 amdt 3.131
def noxious animal om A1997‑7 s 12
def noxious weed om A1997‑7 s 12
def permit om A1994‑110 s 4
def pest animal ins A1997‑7 s 12
om A2001‑11 amdt 3.131
def pest plant ins A1997‑7 s 12
om A2001‑11 amdt 3.131
def pick om A1994‑110 s 4
def Plan ins A1991‑118 sch 1 pt 7
om A2001‑11 amdt 3.131
def reserved area sub A1991‑118 sch 1 pt 7
om A2001‑11 amdt 3.131
def restricted animal wildlife sub A1989‑4 s 3
om A1994‑110 s 4
def restricted plant wildlife sub A1989‑4 s 3
om A1994‑110 s 4
def timber om A1994‑110 s 4
def Tribunal sub Ord1989‑38 sch 1
om A1994‑56 sch 1
def wilderness area ins A1991‑118 sch 1 pt 7
om A2001‑11 amdt 3.131
def wilderness zone om A1991‑118 sch 1 pt 7
def wildlife om A1994‑110 s 4
pres s 5
(prev s 6) am A1993‑74 sch 2
sub A2004‑28 amdt 3.46
renum as s 5 R15 LA (see A2004‑23 s 13)
am A2012‑21 amdt 3.120, amdt 3.121
Construction consistent with environment laws
s 6orig s 6
renum as s 5
pres s 6
(prev s 6A) ins A1997‑93
renum as s 6 R15 LA (see A2004‑23 s 13)
Construction consistent with environment laws
s 6Arenum as s 6
Administration
pt IA hdgrenum as pt 2 hdg
The Conservator and the Service
pt IA div 1 hdg renum as div 2.1 hdg
Nature conservation strategies, declarations and action plans
pt 2 hdgorig pt 2 hdg
om Cwlth Act 1981 No 74 s 79
prev pt 2 hdg
renum as pt 3 hdg
pres pt 2 hdg
(prev pt IA hdg) ins A1994‑56 s 5
renum as pt 2 hdg R6 LRA (see A2001‑11 amdt 3.188)
sub A2001‑56 amdt 3.449
The conservator and the service
div 2.1 hdgorig div 2.1 hdg
renum as div 3.1 hdg
pres div 2.1 hdg
(prev pt IA div 1 hdg) ins A1994‑56 s 5
renum as div 2.1 hdg R6 LRA (see A2001‑11 amdt 3.188)
Conservator of Flora and Fauna
s 7am A1994‑56 sch
sub A1994‑97 sch pt 1
am A2001‑11 amdt 3.133
sub A2007‑3 amdt 3.376
(2)-(4) exp 12 April 2008 (s 7 (4) (LA s 88 declaration applies))
am A2011‑22 amdt 1.341
Conservation officers
s 8am A1994‑56 sch
sub A1994‑97 sch pt 1
am A2001‑11 amdt 3.133
sub A2007‑3 amdt 3.376
(3)-(5) exp 12 April 2008 (s 8 (5) (LA s 88 declaration applies))
am A2011‑22 amdt 1.341
Identity cards
s 9am A1994‑56 sch
sub A1994‑97 sch pt 1
am A1998‑54; A2001‑11 amdt 3.134; A2007‑3 amdt 3.377; A2011‑22 amdt 1.341
Exercise of powers
s 10orig s 10
am Cwlth Act 1981 No 74 s 78; A1994‑56 sch
om A1994‑97 sch pt 1
pres s 10
(prev s 13) am Ord1982‑22 s 4; A1994‑56 sch
renum as s 10 R15 LA (see A2004‑23 s 13)
Delegation by conservator
s 11orig s 11
am A1994‑56 sch
om A1994‑97 sch pt 1
pres s 11
(prev s 14) am A1994‑56 sch
sub A1994‑97 sch pt 1
renum as s 11 R15 LA (see A2004‑23 s 13)
sub A2007‑16 amdt 3.123
Australian Capital Territory Parks and Conservation Service
s 12orig s 12
am A1994‑56 sch; A1994‑81 sch
om A1994‑97 sch pt 1
pres s 12
(prev s 15) am A1991‑118 sch 1 pt 7; A1994‑56 sch; A1994‑97 sch pt 1; A2001‑11 amdt 3.135
renum as s 12 R15 LA (see A2004‑23 s 13)
Flora and Fauna Committee
div 2.2 hdgorig div 2.2 hdg
renum as div 3.2 hdg
pres div 2.2 hdg
(prev pt IA div 2 hdg) ins A1994‑56 s 6
renum as div 2.2 hdg R6 LRA (see A2001‑11 amdt 3.188)
Flora and Fauna Committee
pt IA div 2 sdivA renum as sdiv 2.2.1 hdg
hdg
Establishment, functions and powers
sdiv 2.2.1 hdg (prev pt IA div 2 sdiv A hdg) ins A1994‑56 s 6
renum as sdiv 2.2.1 hdg R6 LRA
Establishment of Flora and Fauna Committee
s 13orig s 13
renum as s 10
pres s 13
(prev s 15A) ins A1994‑56 s 6
renum as s 13 R15 LA (see A2004‑23 s 13)
sub A2007‑16 amdt 3.124
Functions
s 14orig s 14
renum as s 11
pres s 14
(prev s 15B) ins A1994‑56 s 6
renum as s 14 R15 LA (see A2004‑23 s 13)
am A2007‑16 amdt 3.125
Directions to committee
s 15orig s 15
renum as s 12
pres s 15
(prev s 15C) ins A1994‑56 s 6
am A1995‑25; A2004‑9 amdt 1.31
renum as s 15 R15 LA (see A2004‑23 s 13)
am A2015‑16 amdt 1.23
Establishment
s 15Arenum as s 13
Functions
s 15Brenum as s 14
Directions to committee
s 15Crenum as s 15
Powers
s 15Drenum as s 16
Membership
s 15Erenum as s 17
Appointment of chairperson and deputy chairperson
s 15Frenum as s 18
Secretary to committee
s 15Grenum as s 19
Remuneration and allowances
s 15Hins A1994‑56 s 6
om A1997‑41
Leave of absence
s 15Jrenum as s 20
Disclosure of interests
s 15Krenum as s 21
Resignation
s 15Lins A1994‑56 s 6
om A2001‑11 amdt 3.138
Termination of appointment
s 15Mrenum as s 22
Acting members
s 15Nins A1994‑56 s 6
om A2001‑11 amdt 3.140
Convening meetings
s 15Prenum as s 23
Procedure at meetings
s 15Qrenum as s 24
Quorum
s 15Rrenum as s 25
Draft nature conservation strategy
s 15Srenum as s 26
Variation
s 15Tins A1994‑56 s 6
om A2001‑44 amdt 1.2911
Public notification of draft nature conservation strategy
s 15Urenum as s 27
Confirmation, revision, deferral or withdrawal of draft nature conservation strategy
s 15Vrenum as s 28
Submission or resubmission of draft nature conservation strategy to Minister
s 15Wrenum as s 29
Minister’s powers in relation to draft nature conservation strategy
s 15X renum as s 30
Notice of rejection of draft nature conservation strategy
s 15Yrenum as s 31
Commencement of nature conservation strategy etc
s 15Zrenum as s 32
Powers
s 16orig s 16
om Cwlth Act 1981 No 74 s 79
prev s 16
renum as s 33
pres s 16
(prev s 15D) ins A1994‑56 s 6
renum as s 16 R15 LA (see A2004‑23 s 13)
om A2007‑16 amdt 3.126
Constitution and meetings
pt IA div 2 sdivB renum as sdiv 2.2.2 hdg
hdg
Constitution and meetings
sdiv 2.2.2 hdg (prev pt IA div 2 sdiv B hdg) ins A1994‑56 s 6
renum as sdiv 2.2.2 hdg R6 LRA
Membership
s 17orig s 17
om Cwlth Act 1981 No 74 s 79
prev s 17
renum as s 34
pres s 17
(prev s 15E) ins A1994‑56 s 6
am A2001‑11 amdt 3.136
renum as s 17 R15 LA (see A2004‑23 s 13)
am A2007‑16 amdt 3.127, amdt 3.128
Declaration of species, community or process
pt 2 div 3 hdg renum as div 3.3 hdg
Appointment of chairperson and deputy chairperson
s 18orig s 18
om Cwlth Act 1981 No 74 s 79
prev s 18
renum as s 35
pres s 18
(prev s 15F) ins A1994‑56 s 6
renum as s 18 R15 LA (see A2004‑23 s 13)
Secretary to committee
s 19orig s 19
om Cwlth Act 1981 No 74 s 79
prev s 19
renum as s 36
pres s 19
(prev s 15G) ins A1994‑56 s 6
sub A2001‑11 amdt 3.137
renum as s 19 R15 LA (see A2004‑23 s 13)
am A2011‑22 amdt 1.341
Leave of absence
s 20orig s 20
om Cwlth Act 1981 No 74 s 79
prev s 20
renum as s 37
pres s 20
(prev s 15J) ins A1994‑56 s 6
renum as s 20 R15 LA (see A2004‑23 s 13)
Disclosure of interests
s 21orig s 21
om Cwlth Act 1981 No 74 s 79
prev s 21
renum as s 38
pres s 21
(prev s 15K) ins A1994‑56 s 6
renum as s 21 R15 LA (see A2004‑23 s 13)
Termination of appointment
s 22orig s 22
om Cwlth Act 1981 No 74 s 79
prev s 22
renum as s 39
pres s 22
(prev s 15M) ins A1994‑56 s 6
am A2001‑11 amdt 3.139
renum as s 22 R15 LA (see A2004‑23 s 13)
Action plans
pt 2 div 4 hdg renum as div 3.4 hdg
Convening meetings
s 23orig s 23
om Cwlth Act 1981 No 74 s 79
prev s 23
renum as s 40
pres s 23
(prev s 15P) ins A1994‑56 s 6
renum as s 23 R15 LA (see A2004‑23 s 13)
Variation
s 23Ains A1994‑56 s 8
om A2001‑44 amdt 1.2929
Public notification of draft action plan
s 23Brenum as s 41
Preparation of action plan
s 23Crenum as s 42
Public notification of action plan
s 23Dins A1994‑56 s 8
om A2001‑44 amdt 1.2932
Tabling and disallowance
pt 2 div 5 hdg renum as div 3.5 hdg
Instruments to be disallowable instruments
s 23Eins A1994‑56 s 8
am A2001‑11 amdt 3.146
om A2001‑44 amdt 1.2933
Procedure at meetings
s 24orig s 24
om Cwlth Act 1981 No 74 s 79
prev s 24
renum as s 43
pres s 24
(prev s 15Q) ins A1994‑56 s 6
renum as s 24 R15 LA (see A2004‑23 s 13)
Quorum
s 25orig s 25
renum as s 44
pres s 25
(prev s 15R) ins A1994‑56 s 6
renum as s 25 R15 LA (see A2004‑23 s 13)
Nature conservation and declarations
pt 3 hdgorig pt 3 hdg
renum as pt 4 hdg
pres pt 3 hdg
(prev pt 2 hdg) ins A1994‑56 s 6
sub A2001‑11 amdt 3.141
renum as pt 3 hdg R6 LA (see A2001‑11 amdt 3.188)
Importation and exportation of animals and fish
pt 3 div 3 hdg om A1989‑4
Nature conservation strategy
div 3.1 hdgorig div 3.1 hdg
om A1989‑4 s 7
pres div 3.1 hdg
(prev pt 2 div 1 hdg) ins A1994‑56 s 6
renum as div 3.1 hdg R6 LA (see A2001‑11 amdt 3.188)
Draft nature conservation strategy
s 26orig s 26
renum as s 45
pres s 26
(prev s 15S) ins A1994‑56 s 6
am A2001‑11 amdt 3.142; A2001‑44 amdt 1.2910
renum as s 26 R15 LA (see A2004‑23 s 13)
Drum net
s 26Ains A1994‑110 s 7
am A1998‑54
om A2000‑38 s 121 sch
Public notification of draft nature conservation strategy
s 27orig s 27
renum as s 46
pres s 27
(prev s 15U) ins A1994‑56 s 6
sub A2001‑44 amdt 1.2912
renum as s 27 R15 LA (see A2004‑23 s 13)
am A2011‑28 amdt 3.197
Confirmation, revision, deferral or withdrawal of draft nature conservation strategy
s 28orig s 28
renum as s 47
pres s 28
(prev s 15V) ins A1994‑56 s 6
sub A2001‑44 amdt 1.2912
renum as s 28 R15 LA (see A2004‑23 s 13)
am A2011‑28 amdt 3.197
Submission or resubmission of draft nature conservation strategy to Minister
s 29orig s 29
renum as s 48
pres s 29
(prev s 15W) ins A1994‑56 s 6
sub A2001‑44 amdt 1.2912
renum as s 29 R15 LA (see A2004‑23 s 13)
am A2011‑28 amdt 3.197
Minister’s powers in relation to draft nature conservation strategy
s 30 hdg(prev s 15X hdg) sub A2001‑44 amdt 1.2913 (see A2001‑70 amdt 1.14)
s 30orig s 30
am A1989‑4 s 13; A1994‑81 sch; A1994‑110 sch 2
om A2000‑38 s 121 sch
pres s 30
(prev s 15X) ins A1994‑56 s 6
am A2001‑44 amdt 1.2913 (see A2001‑70 amdt 1.14), amdt 1.2915, amdt 1.2916
renum as s 30 R15 LA (see A2004‑23 s 13)
am A2007‑25 amdt 1.101
Notice of rejection of draft nature conservation strategy
s 31orig s 31
om A1989‑4 s 14
pres s 31
(prev s 15Y) ins A1994‑56 s 6
sub A2001‑44 amdt 1.2917
renum as s 31 R15 LA (see A2004‑23 s 13)
am A2011‑28 amdt 3.197
Commencement of nature conservation strategy etc
s 32orig s 32
om A1989‑4 s 14
pres s 32
(prev s 15Z) ins A1994‑56 s 6
am A2001‑11 amdt 3.143
sub A2001‑44 amdt 1.2918
renum as s 32 R15 LA (see A2004‑23 s 13)
Declarations about special protection status and protected and exempt flora and fauna
div 3.2 hdgorig div 3.2 hdg
om A1989‑4 s 14
pres div 3.2 hdg
(prev pt 2 div 2 hdg) ins A1994‑56 s 6
sub and renum as div 2.2 hdg A2001‑11 amdt 3.144
renum as div 3.2 hdg R6 LRA (see A2001‑11 amdt 3.188)
Special protection status
s 33orig s 33
om A1989‑4 s 14
pres s 33
(prev s 16) ins A1989‑4 s 4
am A1994‑56 s 7; A1994‑110 s 5; A2001‑44 amdts 1.2919‑1.2921
renum as s 33 R15 LA (see A2004‑23 s 13)
am A2011‑28 amdt 3.196
Declaration of protected and exempt flora and fauna
s 34orig s 34
om A1989‑4 s 14
pres s 34
(prev s 17) ins A1989‑4 s 4
am A1994‑110 s 6; A2001‑44 amdt 1.2922, amdt 1.2923
renum as s 34 R15 LA (see A2004‑23 s 13)
am A2011‑28 amdt 3.196
Declaration of species, community or process
div 3.3 hdgorig div 3.3 hdg
om A1989‑4 s 15
pres div 3.3 hdg
(prev pt 2 div 3 hdg) ins A1994‑56 s 8
renum as div 3.3 hdg R6 LRA (see A2001‑11 amdt 3.188)
Criteria and guidelines for declarations
sdiv 3.3.1 hdg (prev pt 2 div 3 sdiv A hdg) ins A1994‑56 s 8
renum as sdiv 3.3.1 hdg R6 LRA
Criteria for recommending declaration
s 35orig s 35
om A1989‑4 s 16
pres s 35
(prev s 18) ins A1989‑4 s 4
sub A1994‑56 s 8
am A2001‑44 amdt 1.2924, amdt 1.2925
renum as s 35 R15 LA (see A2004‑23 s 13)
am A2011‑28 amdt 3.196
Guidelines for dealing with applications for declarations
s 36orig s 36
am A1989‑4 s 17; A1994‑81 sch
om A1994‑110 s 8
pres s 36
(prev s 19) ins A1994‑56 s 8
sub A2001‑44 amdt 1.2926
renum as s 36 R15 LA (see A2004‑23 s 13)
am A2011‑28 amdt 3.196
Public consultation on preparation of relevant criteria and guidelines
s 37orig s 37
am A1989‑4 s 18; A1994‑81 sch
om A1994‑110 s 8
pres s 37
(prev s 20) ins A1994‑56 s 8
renum as s 37 R15 LA (see A2004‑23 s 13)
Making of declarations
sdiv 3.3.2 hdg (prev pt 2 div 3 sdiv B hdg) ins A1994‑56 s 8
renum as sdiv 3.3.2 hdg R6 LRA
Declaration of species, community or process
s 38orig s 38
am A1989‑4 s 19
om A1994‑110 s 8
pres s 38
(prev s 21) ins A1994‑56 s 8
am A2001‑44 amdt 1.2927
renum as s 38 R15 LA (see A2004‑23 s 13)
am A2011‑28 amdt 3.191, amdt 3.196
Request to committee to recommend making of declaration
s 39orig s 39
renum as s 49
pres s 39
(prev s 22) ins A1994‑56 s 8
am A2001‑44 amdt 1.2928
renum as s 39 R15 LA (see A2004‑23 s 13)
am A2011‑28 amdt 3.192
Action plans
div 3.4 hdgorig div 3.4 hdg
om A1989‑4 s 20
pres div 3.4 hdg
(prev pt 2 div 4 hdg) ins A1994‑56 s 8
renum as div 3.4 hdg R6 LRA (see A2001‑11 amdt 3.188)
Draft action plan
s 40orig s 40
renum as s 50
pres s 40
(prev s 23) ins A1994‑56 s 8
am A2001‑11 amdt 3.145
renum as s 40 R15 LA (see A2004‑23 s 13)
Public notification of draft action plan
s 41orig s 41
am Ord1982‑22 s 6
om A1989‑4 s 22
pres s 41
(prev s 23B) ins A1994‑56 s 8
sub A2001‑44 amdt 1.2930
renum as s 41 R15 LA (see A2004‑23 s 13)
am A2011‑28 amdt 3.197
Preparation of action plan
s 42orig s 42
renum as s 51
pres s 42
(prev s 23C) ins A1994‑56 s 8
sub A2001‑44 amdt 1.2931
renum as s 42 R15 LA (see A2004‑23 s 13)
Tabling and disallowance
div 3.5 hdg(prev pt 2 div 5 hdg) ins A1994‑56 s 8
renum as div 3.5 hdg R6 LRA (see A2001‑11 amdt 3.188)
om A2001‑44 amdt 1.2933 (as sub by A2001‑70 amdt 1.15)
Protection of animals and fish
pt 4 hdg(prev pt 3 hdg) am A1989‑4 s 5
renum as pt 4 hdg R6 LRA (see A2001‑11 amdt 3.188)
Nests of native animals
s 43orig s 43
renum as s 52
pres s 43
(prev s 24) ins A1989‑4 s 7
am A1994‑81 sch; A1994‑110 sch 2
renum as s 43 R15 LA (see A2004‑23 s 13)
Killing native animals
s 44 hdg(prev s 25 hdg) sub A2001‑11 amdt 1.9
s 44orig s 44
renum as s 53
pres s 44
(prev s 25) am A1989‑4 s 8; A1994‑81 sch; A1994‑110 sch 2
renum as s 44 R15 LA (see A2004‑23 s 13)
Taking native animals
s 45 hdg(prev s 26 hdg) sub A2001‑11 amdt 1.10
s 45orig s 45
renum as s 54
pres s 45
(prev s 26) am A1989‑4 s 9; A1994‑81 sch; A1994‑110 sch 2; A2001‑11 amdt 3.147
renum as s 45 R15 LA (see A2004‑23 s 13)
Prohibited and controlled organisms
pt 4A hdgrenum as pt 6 hdg
Declarations
s 45AArenum as s 55
Possession of prohibited organisms
s 45ABrenum as s 56
Controlled organisms
s 45ACrenum as s 57
Meaning of native animal in pt 7
s 45Arenum as 58
Keeping animals
s 46orig s 46
renum as s 59
pres s 46
(prev s 27) am Ord1982‑22 s 5; A1989‑4 s 10; A1994‑81 sch; A1994‑110 sch 2; A2001‑11 amdt 3.148
renum as s 46 R15 LA (see A2004‑23 s 13)
Selling animals
s 47orig s 47
renum as s 60
pres s 47
(prev s 28) am A1989‑4 s 11; A1994‑81 sch; A1994‑110 sch 2
renum as s 47 R15 LA (see A2004‑23 s 13)
Import and export of animals
s 48orig s 48
am Ord1982‑22 s 7; A1989‑4 s 29; A1994‑81 sch
om A1994‑110 s 14
pres s 48
(prev s 29) am A1989‑4 s 12; A1994‑81 sch; A1994‑110 sch 2
renum as s 48 R15 LA (see A2004‑23 s 13)
Release of animals from captivity
s 49 hdg(prev s 39 hdg) am A2000‑38 s 121 sch
s 49orig s 49
renum as s 61
pres s 49
(prev s 39) am A1989‑4 s 21; A1994‑81 sch; A1994‑110 s 9; A1998‑54; A2000‑38 s 121 sch; A2001‑11 amdts 3.149-3.152
renum as s 49 R15 LA (see A2004‑23 s 13)
Escape of native animals
s 50 hdg(prev s 40 hdg) sub A2001‑11 amdt 1.11
s 50orig s 50
renum as s 62
pres s 50
(prev s 40) am A1994‑110 sch 2
renum as s 50 R15 LA (see A2004‑23 s 13)
Protection of plants
pt 5 hdgorig pt 5 hdg
renum as pt 7 hdg
pres pt 5 hdg
(prev pt 4 hdg) renum as pt 5 hdg R6 LA (see A2001‑11 amdt 3.188)
Taking plants
s 51orig s 51
am Ord1987‑1 s 3; Ord1989‑38 sch 1
om A1991‑118 sch 1 pt 7
pres s 51
(prev s 42) am Ord1989‑38 sch 1; A1989‑4 s 23; A1994‑81 sch; A1994‑110 s 10; A2001‑11 amdt 3.153; ss renum R15 LA (see A2004‑23 s 13)
renum as s 51 R15 LA (see A2004‑23 s 13)
Preservation of native timber
s 52orig s 52
am Ord1982‑22 s 9; Ord1987‑1 s 4; Ord1989‑38 sch 1
om A1991‑118 sch 1 pt 7
pres s 52
(prev s 43) am Ord1984‑72 s 2; Ord1985‑67 sch pt 1; Ord1989‑38 sch 1; A1989‑4 s 24; A1993‑74 sch 2; A1994‑81 sch; A1994‑110 s 11; A1995‑30; A2001‑11 amdts 3.153-3.155
renum as s 52 R15 LA (see A2004‑23 s 13)
Namadgi National Park—plan of management
s 52Ains Ord1986‑65 s 4
om Ord1989‑38 sch 1
Plans of management
s 52Bins Ord1986‑65 s 4
om A1991‑118
Preparation of plan of management
s 52Cins Ord1986‑65 s 4
am Ord1988‑88 sch; A1990‑60 sch
om A1991‑118
Adoption of plans of management
s 52Dins Ord1986‑65 s 4
om A1991‑118
When plans of management take effect
s 52Eins Ord1986‑65 s 4
sub Ord1987‑1 s 5
om A1991‑118
Amendment or revocation of plans of management
s 52Fins Ord1986‑65 s 4
sub Ord1987‑1 s 5
am Ord1989‑38 sch 1
om A1991‑118
Revocation of declaration to be laid before Parliament
s 52Gins Ord1986‑65 s 4
sub Ord1987‑1 s 5
am Ord1989‑38 sch 1
om A1991‑118
Notice of revocation to be laid before Parliament
s 52Hins Ord1986‑65 s 4
sub Ord1987‑1 s 5
am Ord1989‑38 sch 1
om A1991‑118
Amendment or revocation of plans of management
s 52Iins Ord1987‑1 s 5
om A1991‑118
Conservator to comply with plans of management
s 52Jins Ord1986‑65 s 4
om A1991‑118
Dealing in protected native plants
s 53orig s 53
renum as s 63
pres s 53
(prev s 44) am A1989‑4 s 25; A1994‑81 sch; A1994‑110 s 12
renum as s 53 R15 LA (see A2004‑23 s 13)
Entry to reserved areas
s 53Arenum as s 64
Plant tags
s 54orig s 54
renum as s 65
pres s 54
(prev s 45) am A1989‑4 s 26; A1994‑81 sch; A1994‑110 sch 2; A2001‑11 amdt 3.156
renum as s 54 R15 LA (see A2004‑23 s 13)
Prohibited and controlled organisms
pt 6 hdgorig pt 6 hdg
renum as pt 8 hdg
pres pt 6 hdg
(prev pt 4A hdg) ins A1994‑110 s 13
renum as pt 6 hdg R6 LRA (see A2001‑11 amdt 3.188)
Administration
pt 6 div 1 hdg ins Ord1986‑65 s 3
om A1991‑118 sch 1 pt 7
Restriction on activities within reserved areas and wilderness zones
pt 6 div 2 hdg renum as div 8.1 hdg
Management agreements
pt 6A hdgrenum as pt 9 hdg and then pt 10 hdg
Declarations
s 55orig s 55
renum as s 66
pres s 55
(prev s 45AA) ins A1994‑110 s 13
am A2001‑11 amdt 3.157; A2001‑44 amdt 1.2934, amdt 1.2935
renum as s 55 R15 LA (see A2004‑23 s 13)
am A2011‑28 amdt 3.196
Possession of prohibited organisms
s 56orig s 56
renum as s 67
pres s 56
(prev s 45AB) ins A1994‑110 s 13
am A1998‑54
renum as s 56 R15 LA (see A2004‑23 s 13)
Controlled organisms
s 57orig s 57
renum as s 68
pres s 57
(prev s 45AC) ins A1994‑110 s 13
am A1998‑54
renum as s 57 R15 LA (see A2004‑23 s 13)
Conservation directions
pt 7 hdgorig pt 7 hdg
renum as pt 10 hdg and then pt 11 hdg
pres pt 7 hdg
(prev pt 5 hdg) sub A1994‑110 sch 2
renum R6 LRA (see A2001‑11 amdt 3.188)
Meaning of native animal in pt 7
s 58 hdg(prev s 45A) hdg sub A2001‑11 amdt 3.158
s 58orig s 58
renum as s 69
pres s 58
(prev s 45A) ins A1989‑4 s 27
am A1994‑110 sch 2
renum R15 LA (see A2004‑23 s 13)
Entry onto land for purpose of carrying out examination
s 59orig s 59
renum as s 70
pres s 59
(prev s 46) am Ord1989‑38 sch 1; A1989‑4; A1994‑56 sch; A1994‑110 sch 2
renum as s 59 R15 LA (see A2004‑23 s 13)
am A2011‑28 amdt 3.193
Conservation directions
s 60orig s 60
renum as s 71
pres s 60
(prev s 47) am A1989‑4 s 28
sub A1994‑110 s 14
am A1998‑54
renum as s 60 R15 LA (see A2004‑23 s 13)
Restoration of excavation sites by permit holders
s 60Arenum as s 72
Definitions for div 8.2
s 60Brenum as s 73
Meaning of clearing native vegetation
s 60Crenum as s 74
Meaning of clearing causing serious harm to reserved area
s 60Drenum as s 75
Meaning of clearing causing material harm to reserved area
s 60Erenum as s 76
Clearing causing serious harm
s 60Frenum as s 77
Clearing causing material harm
s 60Grenum as s 78
Clearing generally
s 60Hrenum as s 79
Lawful clearing
s 60Irenum as s 80
Alternative verdicts for offences against s 60F and s 60G
s 60Jrenum as s 81
Order for restoration etc—clearing offences
s 60Krenum as s 82
Definitions for div 8.3
s 60Lrenum as s 83
Meaning of damage causing serious harm to reserved area
s 60Mrenum as s 84
Meaning of damage causing material harm to a reserved area
s 60Nrenum as s 85
Damage causing serious harm
s 60Orenum as s 86
Damage causing material harm
s 60Prenum as s 87
Damage causing harm
s 60Qrenum as s 88
Lawful damage
s 60Rrenum as s 89
Alternative verdicts for offences against s 60O and s 60P
s 60Srenum as s 90
Order for rehabilitation etc—damage offences
s 60Trenum as s 91
Application for order
s 60Urenum as s 92
Making of order
s 60Vrenum as s 93
Interim order
s 60Wrenum as s 94
Costs—public interest
s 60Xrenum as s 95
Security for costs etc
s 60Yrenum as s 96
Compensation in relation to injunctive proceedings
s 60Zrenum as s 97
Definitions for pt 9
s 60AArenum as s 98
Management agreements
s 60ABrenum as s 99
Formulation of agreements
s 60ACrenum as s 100
Refusal to enter into management agreement
s 60ADrenum as s 101
Activities inconsistent with management agreement
s 60AErenum as s 102
Diseased native animals and plants
s 61orig s 61
renum as s 103
pres s 61
(prev s 49) am Ord1982‑22 s 8; A1989‑4 s 30; A1994‑110 s 15; A2001‑11 amdts 3.159, 3.160
renum as s 61 R15 LA (see A2004‑23 s 13)
Conservation criteria
s 62orig s 62
renum as s 104
pres s 62
(prev s 50) am A1989‑4 s 31
sub A1994‑110 s 16
am A2001‑11 amdt 3.161, amdt 3.162; A2001‑44 amdt 1.2936, amdt 1.2937
renum as s 62 R15 LA (see A2004‑23 s 13)
am A2011‑28 amdt 3.196
Permits to excavate or to pick plants in wilderness zones
s 62Ains A1990‑43 s 7
am A1991‑118 sch 1 pt 7; A1994‑56 sch
om A1994‑110 s 20
Reserved areas
pt 8 hdgorig pt 8 hdg
renum as pt 11 hdg and then pt 12 hdg
pres pt 8 hdg
(prev pt 6 hdg) am A1991‑118 sch 1 pt 7
renum as pt 8 hdg R6 LRA (see A2001‑11 amdt 3.188)
Restriction on activities in reserved areas
div 8.1 hdg(prev pt 6 div 2 hdg) ins Ord1986‑65 s 5
renum as div 8.1 hdg R6 LRA (see A2001‑11 amdt 3.188)
sub A2004‑23 s 5
Access to reserved areas
s 63orig s 63
renum as s 105
pres s 63
(prev s 53) am Ord1982‑22 s 10; A1989‑4 s 32; A1994‑81 sch; A2002‑49 amdt 1.3
renum as s 63 R15 LA (see A2004‑23 s 13)
Grant of permits and licences—wildlife having special protection status
s 63Ains A1989‑4 s 40
am A1994‑56 sch
om A1994‑110 s 20
Entry to reserved areas
s 64orig s 64
renum as s 106
pres s 64
(prev s 53A) ins A1994‑110 s 17
am A1998‑54
sub A2001‑44 amdt 1.2938
renum as s 64 R15 LA (see A2004‑23 s 13)
Signs in reserved areas
s 65orig s 65
renum as s 107
pres s 65
(prev s 54) am A1989‑4 s 33; A1994‑81 sch
renum as s 65 R15 LA (see A2004‑23 s 13)
Rubbish and fires in reserved areas
s 66orig s 66
renum as s 108
pres s 66
(prev s 55) am A1989‑4 s 34; A1994‑81 sch
renum as s 66 R15 LA (see A2004‑23 s 13)
Activities in reserved areas
s 67orig s 67
renum as s 109
pres s 67
(prev s 56) am A1989‑4 s 35; A1991‑118 sch 1 pt 7; A1994‑81 sch; A1994‑110 s 18; A1997‑7; A2001‑11 amdts 3.163, 3.164
renum as s 67 R15 LA (see A2004‑23 s 13)
Taking animals and plants into reserved areas
s 68orig s 68
om A1994‑110 s 21
pres s 68
(prev s 57) am A1989‑4 s 36; A1994‑81 sch; A1994‑110 sch 2; A1997‑7
renum as s 68 R15 LA (see A2004‑23 s 13)
Powers of conservation officers in reserved areas
s 69orig s 69
renum as s 110
pres s 69
(prev s 58) am A1989‑4 s 37; A1994‑81 sch; A1994‑97 sch pt 1; A1994‑110 sch 2
renum as s 69 R15 LA (see A2004‑23 s 13)
Offences in wilderness areas
s 70 hdg(prev s 59 hdg) sub A2004‑23 s 6
s 70orig s 70
renum as s 111
pres s 70
(prev s 59) am A1989‑4 s 38; A1990‑43 s 3; A1991‑118 sch 1 pt 7; A1994‑81 sch; A1994‑110 sch 2
renum as s 70 R15 LA (see A2004‑23 s 13)
Compensation
s 71orig s 71
am A1989‑4 s 44; A1994‑81 sch
om A1994‑110 sch 2
pres s 71
(prev s 60) am Ord1985‑67 sch pt 1; Ord1989‑38 sch 1; A1991‑118 sch 1 pt 7
renum as s 71 R15 LA (see A2004‑23 s 13)
Restoration of excavation sites by permit holders
s 72orig s 72
renum as s 112
pres s 72
(prev s 60A) ins A1990‑43 s 4
am A1991‑118 sch 1 pt 7; A1994‑110 sch 2
renum as s 72 R15 LA (see A2004‑23 s 13)
Clearing native vegetation in reserved areas
div 8.2 hdgins A2004‑23 s 7
Interpretation for div 8.2
sdiv 8.2.1 hdg ins A2004‑23 s 7
Definitions for div 8.2
s 73orig s 73
renum as s 113
pres s 73
(prev s 60B) ins A2004‑23 s 7
renum as s 73 R15 LA (see A2004‑23 s 13)
def cause ins A2004‑23 s 7
def native vegetation ins A2004‑23 s 7
def Ramsar wetland ins A2004‑23 s 7
Meaning of clearing native vegetation
s 74orig s 74
renum as s 114
pres s 74
(prev s 60C) ins A2004‑23 s 7
renum as s 74 R15 LA (see A2004‑23 s 13)
Notification of decisions
s 74Arenum as s 115
Definitions for pt 12
s 74AArenum as s 116
Infringement notices
s 74ABrenum as s 117
Final infringement notices
s 74ACrenum as s 118
Discharge of liability for schedule 1 offences
s 74ADrenum as s 119
Application for withdrawal of infringement notices
s 74AErenum as s 120
Withdrawal of infringement notices
s 74AFrenum as s 121
Extension of time to pay penalty
s 74AGrenum as s 122
Prosecution of schedule 1 offences
s 74AHrenum as s 123
Non-antecedent value of infringement notice offences
s 74AIrenum as s 124
Service of notices
s 74AJrenum as s 125
Evidence
s 74AKrenum as s 126
Meaning of clearing causing serious harm to reserved area
s 75orig s 75
renum as s 127
pres s 75
(prev s 60D) ins A2004‑23 s 7
renum as s 75 R15 LA (see A2004‑23 s 13)
Meaning of clearing causing material harm to reserved area
s 76orig s 76
renum as s 128
pres s 76
(prev s 60E) ins A2004‑23 s 7
renum as s 76 R15 LA (see A2004‑23 s 13)
Act not to apply to certain appointed people
s 76Arenum as s 129
Offences of clearing native vegetation in reserved areas
sdiv 8.2.2 hdg ins A2004‑23 s 7
Clearing causing serious harm
s 77orig s 77
renum as s 130
pres s 77
(prev s 60F) ins A2004‑23 s 7
renum as s 77 R15 LA (see A2004‑23 s 13)
Clearing causing material harm
s 78orig s 78
renum as s 131
pres s 78
(prev s 60G) ins A2004‑23 s 7
renum as s 78 R15 LA (see A2004‑23 s 13)
Seizure and release of bird wildlife
s 78Arenum as s 132
Clearing generally
s 79orig s 79
renum as s 133
pres s 79
(prev s 60H) ins A2004‑23 s 7
renum as s 79 R15 LA (see A2004‑23 s 13)
Lawful clearing
s 80orig s 80
renum as s 134
pres s 80
(prev s 60I) ins A2004‑23 s 7
am A2004‑28 amdt 3.47
renum as s 80 R15 LA (see A2004‑23 s 13)
am A2007‑25 amdt 1.102
Acts and omissions of representatives
s 80Arenum as s 135
Criminal liability of executive officers
s 80ABrenum as s 136
Approved forms
s 80Brenum as s 137
Alternative verdicts for offences against s 77 and s 78
s 81orig s 81
renum as s 138
pres s 81
(prev s 60J) ins A2004‑23 s 7
renum as s 81 R15 LA (see A2004‑23 s 13)
Order for restoration etc—clearing offences
s 82orig s 82
om A1994‑110 sch 2
pres s 82
(prev s 60K) ins A2004‑23 s 7
renum as s 82 R15 LA (see A2004‑23 s 13)
Damaging land in reserved areas
div 8.3 hdgins A2004‑23 s 7
Interpretation for div 8.3
sdiv 8.3.1 hdg ins A2004‑23 s 7
Definitions for div 8.3
s 83orig s 83
am A1994‑56 sch
om A1995‑25
pres s 83
(prev s 60L) ins A2004‑23 s 7
renum as s 83 R15 LA (see A2004‑23 s 13)
def cause ins A2004‑23 s 7
def damage ins A2004‑23 s 7
Determination of fees
s 83Arenum as s 139
Meaning of damage causing serious harm to reserved area
s 84orig s 84
renum as s 140
pres s 84
(prev s 60M) ins A2004‑23 s 7
renum as s 84 R15 LA (see A2004‑23 s 13)
Meaning of damage causing material harm to a reserved area
s 85orig s 85
om A1989‑4 s 56
pres s 85
(prev s 60N) ins A2004‑23 s 7
renum as s 85 R15 LA (see A2004‑23 s 13)
Offences of damaging land in reserved areas
sdiv 8.3.2 hdg ins A2004‑23 s 7
Damage causing serious harm
s 86(prev s 60O) ins A2004‑23 s 7
renum as s 86 R15 LA (see A2004‑23 s 13)
Damage causing material harm
s 87(prev s 60P) ins A2004‑23 s 7
renum as s 87 R15 LA (see A2004‑23 s 13)
Damage causing harm
s 88(prev s 60Q) ins A2004‑23 s 7
renum as s 88 R15 LA (see A2004‑23 s 13)
Lawful damage
s 89(prev s 60R) ins A2004‑23 s 7
am A2004‑28 amdt 3.48
renum as s 89 R15 LA (see A2004‑23 s 13)
am A2007‑25 amdt 1.102
Alternative verdicts for offences against s 86 and s 87
s 90(prev s 60S) ins A2004‑23 s 7
renum as s 90 R15 LA (see A2004‑23 s 13)
Order for rehabilitation etc—damage offences
s 91(prev s 60T) ins A2004‑23 s 7
renum as s 91 R15 LA (see A2004‑23 s 13)
Land development applications
pt 8A hdgorig pt 8A hdg
renum as pt 12 hdg and then pt 13 hdg
prev pt 8A hdg
renum as pt 9 hdg
pres 8A hdg
ins A2014-41 amdt 1.1
Meaning of development—pt 8A
s 91Ains A2014-41 amdt 1.1
Simplified outline
s 91Bins A2014-41 amdt 1.1
Advice about adverse environmental impacts
s 91Cins A2014-41 amdt 1.1
Requirements for conservator’s advice
s 91Dins A2014-41 amdt 1.1
Injunctive orders
pt 9 hdgorig pt 9 hdg
renum as pt 13 hdg and then pt 14 hdg
prev pt 9 hdg
(prev pt 6A hdg) renum as pt 10 hdg
pres pt 9 hdg
(prev pt 8A hdg) ins A2004‑23 s 7
renum as pt 9 R15 LA (see A2004‑23 s 13)
Application for order
s 92(prev s 60U) ins A2004‑23 s 7
renum as s 92 R15 LA (see A2004‑23 s 13)
Making of order
s 93(prev s 60V) ins A2004‑23 s 7
renum as s 93 R15 LA (see A2004‑23 s 13)
Interim order
s 94(prev s 60W) ins A2004‑23 s 7
renum as s 94 R15 LA (see A2004‑23 s 13)
Costs—public interest
s 95(prev s 60X) ins A2004‑23 s 7
renum as s 95 R15 LA (see A2004‑23 s 13)
Security for costs etc
s 96(prev s 60Y) ins A2004‑23 s 7
renum as s 96 R15 LA (see A2004‑23 s 13)
Compensation in relation to injunctive proceedings
s 97(prev s 60Z) ins A2004‑23 s 7
renum as s 97 R15 LA (see A2004‑23 s 13)
Management agreements
pt 10 hdgorig pt 10 hdg
om A1989‑4 s 56
prev pt 10 hdg
(prev pt 7 hdg) renum as pt 11 hdg
pres pt 10 hdg
(prev pt 6A hdg) ins A1994‑110 s 19
renum as pt 9 hdg R6 LRA (see A2001‑11 amdt 3.188)
renum as pt 10 hdg R15 LA (see A2004‑23 s 13)
Definitions for pt 10
s 98 hdg(prev s 60AA hdg) sub A2001‑11 amdt 3.165
s 98(prev s 60AA) ins A1994‑110 s 19
am A2001‑11 amdt 3.166
renum as s 98 R15 LA (see A2004‑23 s 13)
def activities ins A1994‑110 s 19
def agency ins A1994‑110 s 19
def controlled land ins A1994‑110 s 19
am A2007‑25 amdt 1.103
def development ins A1994‑110 s 19
def Land Act ins A1994‑110 s 19
om A2007‑25 amdt 1.104
def land management objectives ins A1994‑110 s 19
am A2007‑25 amdt 1.105
def management agreement ins A1994‑110 s 19
def natural environment ins A1994‑110 s 19
def public land ins A1994‑110 s 19
def Territory Land ins A1994‑110 s 19
def Territory Plan ins A1994‑110 s 19
Management agreements
s 99(prev s 60AB) ins A1994‑110 s 19
am A2001‑11 amdt 3.167
renum as s 99 R15 LA (see A2004‑23 s 13)
am A2007‑25 amdt 1.106
Formulation of agreements
s 100(prev s 60AC) ins A1994‑110 s 19
renum as s 100 R15 LA (see A2004‑23 s 13)
Refusal to enter into management agreement
s 101(prev s 60AD) ins A1994‑110 s 19
renum as s 101 R15 LA (see A2004‑23 s 13)
Activities inconsistent with management agreement
s 102(prev s 60AE) ins A1994‑110 s 19
renum as s 102 R15 LA (see A2004‑23 s 13)
Licences
pt 11 hdgorig pt 11 hdg
(prev pt 8 hdg) renum as pt 12 hdg
pres pt 11 hdg
(prev pt 7 hdg) am A1994‑110 sch 2
renum as pt 10 hdg R6 LRA (see A2001‑11 amdt 3.188)
renum as pt 11 hdg R15 LA (see A2004‑23 s 13)
Application
s 103(prev s 61) am Ord1989‑38 sch 1; A1989‑4 s 39; A1990‑43 s 5; A1991‑118 sch 1 pt 7; A2001‑11 amdt 3.168
sub A1994‑110 s 20
am A2001‑44 amdt 1.2939; A2003‑34 amdt 1.22
renum as s 103 R15 LA (see A2004‑23 s 13)
Grant of licence
s 104(prev s 62) am A1990‑43 s 6; A1991‑118 sch 1 pt 7; A1994‑56 sch
sub A1994‑110 s 20
renum as s 104 R15 LA (see A2004‑23 s 13)
Conditions
s 105(prev s 63) am Ord1983‑43 s 4; Ord1989‑38 sch 1; A1991‑118 sch 1 pt 7; A1994‑56 sch
sub A1994‑110 s 20
am A2004‑23 s 8; ss renum R15 LA (see A2004‑23 s 13)
renum as s 105 R15 LA (see A2004‑23 s 13)
Licensing criteria
s 106(prev s 64) sub A1994‑110 s 20
am A2001‑11 amdt 3.169; A2001‑44 amdt 1.2940, amdt 1.2941
renum as s 106 R15 LA (see A2004‑23 s 13)
am A2012‑21 amdt 3.122
Duration
s 107(prev s 65) am A1989‑4 s 41; A1990‑43 s 8; A1991‑118 sch 1 pt 7
sub A1994‑110 s 20
renum as s 107 R15 LA (see A2004‑23 s 13)
Surrender
s 108(prev s 66) am A1989‑4 s 42
sub A1994‑110 s 20
renum as s 108 R15 LA (see A2004‑23 s 13)
Nature of rights conferred by licences
s 109(prev s 67) am Ord1989‑38 sch 1; A1994‑110 sch 2
renum as s 109 R15 LA (see A2004‑23 s 13)
Cancellation
s 110(prev s 69) am A1994‑110 s 22
renum as s 110 R15 LA (see A2004‑23 s 13)
Production of licences
s 111(prev s 70) am A1989‑4 s 43; A1994‑81 sch; A1994‑110 sch 2
renum as s 111 R15 LA (see A2004‑23 s 13)
Records to be kept by licence holders
s 112(prev s 72) am A1989‑4 s 45; A1994‑81 sch; A1994‑110 sch 2
renum as s 112 R15 LA (see A2004‑23 s 13)
Production of records
s 113(prev s 73) am A1989‑4 s 46; A1994‑81 sch; A1994‑110 sch 2
renum as s 113 R15 LA (see A2004‑23 s 13)
Notification and review of decisions
pt 12 hdgorig pt 12 hdg
(prev pt 8A hdg) renum as pt 13 hdg
pres pt 12 hdg
(prev pt 8 hdg) renum as pt 11 hdg R6 LRA (see A2001‑11 amdt 3.188)
renum as pt 12 hdg R15 LA (see A2004‑23 s 13)
sub A2008‑37 amdt 1.328
Meaning of reviewable decison–pt 12
s 114(prev s 74) am Ord1982‑22 s 11; A1994‑56 sch; A1994‑60 sch 1
sub A1994‑110 s 23
am A1995‑30
renum as s 114 R15 LA (see A2004‑23 s 13)
sub A2008‑37 amdt 1.328
Reviewable decision notices
s 115(prev s 74A) ins A1989‑4 s 47
am A1994‑60 sch 1; A1994‑110 sch 2
renum as s 115 R15 LA (see A2004‑23 s 13)
sub A2008‑37 amdt 1.328
Applications for review
s 116ins A2008‑37 amdt 1.328
On-the-spot fines
pt 13 hdgorig pt 13 hdg
(prev pt 9 hdg) renum as pt 14 hdg
pres pt 13 hdg
(prev pt 8A hdg) ins A1994‑110 s 24
renum as pt 12 hdg R6 LRA (see A2001‑11 amdt 3.188)
renum as pt 13 hdg R15 LA (see A2004‑23 s 13)
om A2005‑20 amdt 3.318
Definitions for pt 13
s 116 hdg(prev s 74AA hdg) sub A2001‑11 amdt 3.170
s 116(prev s 74AA) ins A1994‑110 s 24
renum as s 116 R15 LA (see A2004‑23 s 13)
om A2005‑20 amdt 3.318
def final infringement notice ins A1994‑110 s 24
om A2005‑20 amdt 3.318
def infringement notice ins A1994‑110 s 24
om A2005‑20 amdt 3.318
def on-the-spot fine ins A1994‑110 s 24
am A2001‑11 amdt 3.171
om A2005‑20 amdt 3.318
def relevant amount ins A1994‑110 s 24
am A2001‑11 amdt 3.171; A2001‑44 amdt 1.2942
om A2005‑20 amdt 3.318
def relevant period for payment ins A1994‑110 s 24
om A2005‑20 amdt 3.318
def schedule 1 offence ins A2001‑11 amdt 3.172
om A2005‑20 amdt 3.318
def schedule 2 offence ins A1994‑110 s 24
ins A2001‑11 amdt 3.172
om A2005‑20 amdt 3.318
Infringement notices
s 117(prev s 74AB) ins A1994‑110 s 24
am A2001‑11 amdt 3.173, amdt 3.174; A2001‑44 amdt 1.2943, amdt 1.2944
renum as s 117 R15 LA (see A2004‑23 s 13)
om A2005‑20 amdt 3.318
Final infringement notices
s 118(prev s 74AC) ins A1994‑110 s 24
am A2001‑11 amdt 3.174; A2001‑44 amdt 1.2945, amdt 1.2946; pars renum R15 LA (see A2004‑23 s 13)
renum as s 118 R15 LA (see A2004‑23 s 13)
om A2005‑20 amdt 3.318
Discharge of liability for schedule 1 offences
s 119(prev s 74AD) ins A1994‑110 s 24
am A2001‑11 amdt 3.175
renum as s 119 R15 LA (see A2004‑23 s 13)
om A2005‑20 amdt 3.318
Application for withdrawal of infringement notices
s 120(prev s 74AE) ins A1994‑110 s 24
am A2001‑11 amdt 3.175
renum as s 120 R15 LA (see A2004‑23 s 13)
om A2005‑20 amdt 3.318
Withdrawal of infringement notices
s 121(prev s 74AF) ins A1994‑110 s 24
renum as s 121 R15 LA (see A2004‑23 s 13)
om A2005‑20 amdt 3.318
Extension of time to pay penalty
s 122 hdg(prev s 74AG hdg) sub A2004‑2 amdt 1.33
s 122(prev s 74AG) ins A1994‑110 s 24
am A2001‑11 amdt 3.175; A2004‑2 amdt 1.34, amdt 1.35
renum as s 122 R15 LA (see A2004‑23 s 13)
om A2005‑20 amdt 3.318
Prosecution of schedule 1 offences
s 123(prev s 74AH) ins A1994‑110 s 24
am A2001‑11 amdt 3.175
renum as s 123 R15 LA (see A2004‑23 s 13)
om A2005‑20 amdt 3.318
Non-antecedent value of infringement notice offences
s 124(prev s 74AI) ins A1994‑110 s 24
renum as s 124 R15 LA (see A2004‑23 s 13)
om A2005‑20 amdt 3.318
Service of notices
s 125(prev s 74AJ) ins A1994‑110 s 24
renum as s 125 R15 LA (see A2004‑23 s 13)
om A2005‑20 amdt 3.318
Evidence
s 126(prev s 74AK) ins A1994‑110 s 24
am A2001‑11 amdt 3.175
renum as s 126 R15 LA (see A2004‑23 s 13)
om A2005‑20 amdt 3.318
Miscellaneous
pt 14 hdg(prev pt 9 hdg) renum as pt 13 hdg R6 LRA (see A2001‑11 amdt 3.188)
renum as pt 14 hdg R15 LA (see A2004‑23 s 13)
Royalty
s 127(prev s 75) am Ord1989‑38 sch 1; A1994‑56 sch; A1994‑110 sch 2
renum as s 127 R15 LA (see A2004‑23 s 13)
Provisions not to apply to conservation officers
s 128(prev s 76) am A1989‑4 s 48; A1994‑110 sch 2
sub A2004‑23 s 9
renum as s 128 R15 LA (see A2004‑23 s 13)
Act not to apply to certain appointed people
s 129(prev s 76A) ins Ord1982‑62 s 3
am Ord1988‑31 sch; A1994‑56 sch
sub A2000‑66 sch 1 pt 10
renum as s 129 R15 LA (see A2004‑23 s 13)
Power of entry and search
s 130(prev s 77) am Ord1982‑22 s 12; A1989‑4 s 49; A1994‑81 sch; A1994‑97 sch pt 1; A1994‑110 sch 2; A2001‑11 amdt 3.176
renum as s 130 R15 LA (see A2004‑23 s 13)
Further powers of conservation officers
s 131(prev s 78) am A1989‑4 s 50; A1994‑81 sch
renum as s 131 R15 LA (see A2004‑23 s 13)
Seizure and release of bird wildlife
s 132(prev s 78A) ins A1989‑4 s 51
am A1994‑97 sch pt 1; A1994‑110 sch 2
renum as s 132 R15 LA (see A2004‑23 s 13)
Seizure and forfeiture of animals and plants
s 133(prev s 79) am Ord1982‑22 s 13; Ord1989‑38 sch 1; A1989‑4 s 52; A1994‑110 s 25
renum as s 133 R15 LA (see A2004‑23 s 13)
Release of animals—court orders
s 134(prev s 80) am Ord1985‑67 sch pt 1; Ord1989‑38 sch 1; A1989‑4 s 53; A1994‑110 s 26; A2001‑11 amdt 3.177, amdt 3.178
renum as s 134 R15 LA (see A2004‑23 s 13)
Acts and omissions of representatives
s 135(prev s 80A) ins A1989‑4 s 54
am A2001‑44 amdt 1.2947, amdt 1.2948
sub A2004‑15 amdt 1.35
renum as s 135 R15 LA (see A2004‑23 s 13)
Criminal liability of executive officers
s 136(prev s 80AB) ins A2004‑23 s 10
renum as s 136 R15 LA (see A2004‑23 s 13)
Approved forms
s 137 hdg(prev s 80B hdg) sub A2001‑44 amdt 1.2949
s 137(prev s 80B) ins A1989‑4 s 54
sub A2001‑11 amdt 3.179
am A2001‑44 amdt 1.2950
renum as s 137 R15 LA (see A2004‑23 s 13)
am A2005‑20 amdt 3.319
Evidence
s 138(prev s 81) am A1994‑110 sch 2
renum as s 138 R15 LA (see A2004‑23 s 13)
am A2011‑48 amdt 1.42
Determination of fees
s 139(prev s 83A) ins Ord1983‑43 s 5
sub A2001‑11 amdt 3.180
am A2001‑44 amdts 1.2951-1.2953
renum as s 139 R15 LA (see A2004‑23 s 13)
am A2012‑21 amdt 3.123
Regulation-making power
s 140 hdg(prev s 84 hdg) sub A2001‑11 amdt 3.181
s 140(prev s 84) am Ord1989‑38 sch 1; A1989‑4 s 55; A1994‑81 sch; A1995‑46; A2001‑11 amdt 3.182, amdt 3.183; A2001‑44 amdt 1.2954, amdt 1.2955
renum as s 140 R15 LA (see A2004‑23 s 13)
Reviewable decisions
sch 1orig sch 1
om A2001‑11 amdt 3.184
pres sch 1
(prev sch 2) am Ord1982‑22 s 14
om A1989‑4 s 57
ins A1994‑110 sch 1
am A2001‑11 amdt 3.185
renum as sch 1 A2001‑11 amdt 3.186
items renum R15 LA (see A2004‑23 s 13)
om A2005‑20 amdt 3.321
ins A2008‑37 amdt 1.329
On-the-spot fines
sch 2renum as sch 1
Restricted plant wildlife
sch 3om A1989‑4 s 57
Protected fish and invertebrates
sch 4om A1989‑4 s 57
Exempt animals, being animals that are wildlife
sch 5sub Ord1982‑22 s 15
om A1989‑4 s 57
Exempt animals, being animals that are not wildlife
sch 6sub Ord1982‑22 s 15
om A1989‑4 s 57
Dictionary
dictins A2001‑11 amdt 3.187
am A2004‑28 amdt 3.49; A2007‑25 amdt 1.107; A2008‑37 amdt 1.330; A2011‑22 amdt 1.342; A2011‑28 amdt 3.194; A2012‑21 amdt 3.124
def action plan ins A1994‑56 s 4
reloc from s 5 A2001‑11 amdt 3.132
def activities ins A2001‑11 amdt 3.187
def agency ins A2001‑11 amdt 3.187
def animal am A1989‑4 s 3; A1994‑56 sch; A1994‑110 s 4
reloc from s 5 A2001‑11 amdt 3.132
def built-up area ins A2001‑11 amdt 3.187
sub A2004‑28 amdt 3.50
def cause ins A2004‑23 s 11
def clearing ins A2004‑23 s 11
def committee ins A1994‑56 s 4
reloc from s 5 A2001‑11 amdt 3.132
def conservation officer sub A1994‑97 sch pt 1
reloc from s 5 A2001‑11 amdt 3.132
def conservator sub A1994‑97 sch pt 1
reloc from s 5 A2001‑11 amdt 3.132
def consultation period ins A2001‑44 amdt 1.2956
def controlled land ins A2001‑11 amdt 3.187
def controlled organism ins A1994‑110 s 4
reloc from s 5 A2001‑11 amdt 3.132
def damage ins A2004‑23 s 11
def determined fee ins A1994‑110 s 4
om A2001‑44 amdt 1.2957
def development ins A2001‑11 amdt 3.187
sub A2014-41 amdt 1.2
def ecological community ins A1994‑56 s 4
reloc from s 5 A2001‑11 amdt 3.132
def endangered ins A1994‑56 s 4
reloc from s 5 A2001‑11 amdt 3.132
am A2004‑23 s 12
def exempt animal ins A1989‑4 s 3
reloc from s 5 A2001‑11 amdt 3.132
def final infringement notice ins A2001‑11 amdt 3.187
om A2005‑20 amdt 3.320
def fish reloc from s 5 A2001‑11 amdt 3.132
def habitat ins A1994‑56 s 4
reloc from s 5 A2001‑11 amdt 3.132
def imported animal product ins A1994‑110 s 4
reloc from s 5 A2001‑11 amdt 3.132
def infringement notice ins A2001‑11 amdt 3.187
om A2005‑20 amdt 3.320
def Land Act ins A2001‑11 amdt 3.187
om A2007‑25 amdt 1.108
def land management objectives ins A2001‑11 amdt 3.187
def licence am A1994‑110 s 4
reloc from s 5 A2001‑11 amdt 3.132
def management agreement ins A2001‑11 amdt 3.187
def material harm ins A2004‑23 s 11
def member ins A2007‑16 amdt 3.129
def motor vehicle ins A2001‑11 amdt 3.187
def native animal ins A1994‑110 s 4
am A1997‑7 s 12
reloc from s 5 A2001‑11 amdt 3.132
sub A2007‑3 amdt 3.378
def native plant ins A1994‑110 s 4
am A1997‑7 s 12
reloc from s 5 A2001‑11 amdt 3.132
def native timber ins A1994‑110 s 4
reloc from s 5 A2001‑11 amdt 3.132
def native vegetation ins A2004‑23 s 11
def natural environment ins A2001‑11 amdt 3.187
def newspaper ins A1994‑56 s 4
reloc from s 5 A2001‑11 amdt 3.132
def on-the-spot fine ins A2001‑11 amdt 3.187
om A2005‑20 amdt 3.320
def pest animal ins A2001‑11 amdt 3.187
sub A2005‑21 amdt 1.14
def pest plant ins A2001‑11 amdt 3.187
sub A2005‑21 amdt 1.14
def plant reloc from s 5 A2001‑11 amdt 3.132
def prohibited organism ins A1994‑110 s 4
reloc from s 5 A2001‑11 amdt 3.132
def protected fish ins A1989‑4 s 3
reloc from s 5 A2001‑11 amdt 3.132
def protected invertebrate ins A1989‑4 s 3
reloc from s 5 A2001‑11 amdt 3.132
def protected native animal ins A1994‑110 s 4
reloc from s 5 A2001‑11 amdt 3.132
def protected native plant ins A1994‑110 s 4
reloc from s 5 A2001‑11 amdt 3.132
def public land ins A2001‑11 amdt 3.187
def Ramsar wetland ins A2004‑23 s 11
def relevant amount ins A2001‑11 amdt 3.187
om A2005‑20 amdt 3.320
def relevant period for payment ins A2001‑11 amdt 3.187
om A2005‑20 amdt 3.320
def reserved area ins A2001‑11 amdt 3.187
def reviewable decision ins A2008‑37 amdt 1.331
def schedule 1 offence ins A2001‑11 amdt 3.187
om A2005‑20 amdt 3.320
def seed reloc from s 5 A2001‑11 amdt 3.132
def sell sub A1989‑4 s 3; A2001‑11 amdt 1.8
reloc from s 5 A2001‑11 amdt 3.132
def serious harm ins A2008‑28 amdt 3.113
def serious harm, to a reserved area ins A2004‑23 s 11
om A2008‑28 amdt 3.113
def serious harm, to a person ins A2004‑23 s 11
om A2008‑28 amdt 3.113
def special protection status ins A1989‑4 s 3
am A1994‑110 s 4
reloc from s 5 A2001‑11 amdt 3.132
def species ins A1994‑56 s 4
am A1994‑110 s 4
reloc from s 5 A2001‑11 amdt 3.132
def statutory authority reloc from s 5 A2001‑11 amdt 3.132
om A2011‑28 amdt 3.195
def subspecies ins A1994‑56 s 4
reloc from s 5 A2001‑11 amdt 3.132
def take ins A1994‑110 s 4
reloc from s 5 A2001‑11 amdt 3.132
def threatening process ins A1994‑56 s 4
am A1997‑7 s 12
reloc from s 5 A2001‑11 amdt 3.132
def tree seeding am A1994‑110 s 4
reloc from s 5 A2001‑11 amdt 3.132
def unleased land am Ord1989‑38 sch 1, A1994‑56 sch
reloc from s 5 A2001‑11 amdt 3.132
def vessel reloc from s 5 A2001‑11 amdt 3.132
def vulnerable ins A1994‑56 s 4
reloc from s 5 A2001‑11 amdt 3.132
om A2011‑28 amdt 3.195
def wilderness area ins A2001‑11 amdt 3.187
def working day reloc from s 5 A2001‑11 amdt 3.132
om A2011‑28 amdt 3.195
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No Amendments to Republication date 1 A1990‑60 30 June 1991 2 A1993‑74 31 January 1994 3 A1994‑110 30 June 1995 4 A1995‑46 30 November 1996 5 A1997‑93 1 June 1998 6 A2001‑11 18 July 2001 7 A2001‑56 12 September 2001 8 A2001‑70 2 November 2001 9 A2002‑49 21 December 2002 9 (RI) A2002‑49 ‡ 12 February 2003 10 A2003‑34 1 September 2003 11 A2004‑9 22 March 2004 12 A2004‑15 9 April 2004 13 A2004‑15 13 April 2004 14 A2004‑28 1 July 2004 15 A2004‑28 19 July 2004 16* A2005‑21 12 November 2005 17 A2007‑3 12 April 2007 18 A2007‑16 11 July 2007 19 A2007‑25 31 March 2008 20 A2007‑25 13 April 2008 21 A2008‑28 26 August 2008 22 A2008‑37 2 February 2009 23 A2011‑22 1 July 2011 24 A2011‑28 21 Sept 2011 25 A2011‑48 1 March 2012 26 A2012‑21 5 June 2012 27 A2014‑41 2 April 2015 28 A2015-16 3 June 2015 ‡ includes retrospective amendments by A2002‑49
Renumbered provisions
This Act was renumbered under the Legislation Act 2001, in R15 (see Environment Legislation Amendment Act 2004 A2004-23 s 13). Details of renumbered provisions are shown in endnote 4 (Amendment history). For a table showing the renumbered provisions, see R16.
© Australian Capital Territory 2015
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