Nature Conservation Act 2014 (ACT)
Nature Conservation Act 2014
A2014-59
Republication No 34
Effective: 26 November 2025
Republication date: 26 November 2025
Last amendment made by A2025‑28
About this republication
The republished law
This is a republication of the Nature Conservation Act 2014 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025.
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 includes 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 $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Nature Conservation Act 2014
Contents
Page
Chapter 1 Preliminary
Part 1.1 Introduction
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
6 Objects of Act 3
Part 1.2 Relationship to other laws
7 Application of Act to Emergencies Act 2004 6
8 Relationship to environment laws 7
Part 1.3 Important concepts
9 What is nature? 8
10 What is conservation? 8
11 What is an animal? 8
12 What is a native animal? 9
13 What is a plant? 9
14 What is a native plant? 10
15 What is a species? 10
16 What is a native species? 11
17 What is an ecological community? 12
18 What is a member of a species or ecological community? 12
19 What is biodiversity? 13
Chapter 2 Administration
Part 2.1 Conservator of flora and fauna
20 Conservator—appointment 14
21 Conservator—functions 14
22 Conservator—delegation 16
23 Conservator—guidelines 16
24 Meaning of biodiversity research and monitoring program—pt 2.1 16
25 Biodiversity research and monitoring program—conservator to prepare 17
26 Biodiversity research and monitoring program—conservator to implement 17
Part 2.2 ACT parks and conservation service
27 ACT parks and conservation service—establishment 19
Part 2.3 Conservation officers
28 Conservation officers—appointment 20
29 Conservation officers—identity cards 20
30 Conservation officers—power not to be exercised before identity card shown 21
Part 2.4 Scientific committee
31 Scientific committee—establishment 22
32 Scientific committee—functions 22
33 Scientific committee—annual report 22
34 Scientific committee—Minister’s directions 22
35 Scientific committee—membership 23
36 Scientific committee—appointment of members 23
37 Scientific committee—chair and deputy chair 24
38 Scientific committee—secretary 24
39 Scientific committee—ending appointments 24
40 Scientific committee—disclosure of interests 24
41 Scientific committee—meetings 26
42 Scientific committee—presiding member at meetings 26
43 Scientific committee—quorum at meetings 27
44 Scientific committee—voting at meetings 27
45 Scientific committee—conduct of meetings 27
Part 2.5 Advisory committees
46 Advisory committees 28
Chapter 3 Nature conservation strategy for the ACT
47 What is the nature conservation strategy for the ACT? 29
48 What is a draft nature conservation strategy?—ch 3 29
49 Draft nature conservation strategy—conservator to prepare 30
50 Draft nature conservation strategy—consultation with entities 30
51 Draft nature conservation strategy—public consultation 30
52 Draft strategy—revision and submission to Minister 31
53 Draft strategy—Minister to approve, return or reject 32
54 Draft strategy—Minister’s approval and notification 32
55 Draft strategy—Minister’s direction to revise etc 33
56 Draft strategy—Minister’s rejection 33
57 Nature conservation strategy—minor amendments 33
58 Nature conservation strategy—conservator to implement 34
59 Nature conservation strategy—monitoring 35
60 Nature conservation strategy—review 35
Chapter 4 Threatened native species and ecological communities
Part 4.1 Threatened native species
61 What is a threatened native species? 37
62 What is a threatened native species list? 37
63 Threatened native species list—categories 37
64 Threatened native species list—eligibility for national categories 38
64A Threatened native species list—eligibility for regional categories 39
65 Threatened native species list—eligibility criteria 41
66 Threatened native species list—criteria to review 42
Part 4.2 Threatened ecological communities
67 What is a threatened ecological community? 43
68 What is a threatened ecological communities list? 43
69 Threatened ecological communities list—categories 43
70 Threatened ecological communities list—eligibility for categories 44
71 Threatened ecological communities list—eligibility criteria 45
72 Threatened ecological communities list criteria—review 46
Part 4.3 Key threatening processes
73 What is a threatening process? 47
74 What is a key threatening process? 47
75 What is a key threatening processes list? 47
76 Key threatening processes list 47
77 Key threatening processes list—eligibility 48
78 Key threatening processes list—eligibility criteria 48
79 Key threatening processes list criteria—review 49
Part 4.4 Including, transferring and omitting items in list
Division 4.4.1 Definitions—pt 4.4
80 Definitions—pt 4.4 51
Division 4.4.2 Including, transferring and omitting items in list—general
81 Nominations—public may nominate item at any time 53
82 Nominations—scientific committee may reject nomination 54
83 Nominations—scientific committee may nominate items itself 54
84 Nominations—public consultation 55
85 Nominations—scientific committee to carry out listing assessment 56
87 Minister to decide whether to include, transfer or omit item 58
88 Minister’s decision—include item 59
89 Minister’s decision—transfer item 60
90 Minister’s decision—omit item 60
Division 4.4.3 Including or transferring certain nationally threatened items
90A Minister may include or transfer nationally threatened items without nomination 62
Division 4.4.4 Conservation advice
90B Conservation advice guidelines 63
90C Conservation advice 63
90E Conservation advice—adopting advice for nationally threatened item 64
90F Conservation advice—scientific committee to review 65
Division 4.4.5 Final version of list and notification
91 Final version of list and notification 65
Division 4.4.6 Minor amendments of list
93 What is a minor amendment?—div 4.4.6 66
94 Minister may make minor amendments 66
95 Minor amendment—including similar species 67
96 Minor amendment—omitting similar species 68
97 Minor amendment—rediscovery of extinct species 68
Part 4.5 Action plans
98 Definitions—Act 69
99 What is an action plan?—pt 4.5 70
100 What is a draft action plan?—pt 4.5 70
100A Minister to decide if action plan needed 72
101 Draft action plan—conservator to prepare 73
102 Draft action plan—consultation with scientific committee 73
103 Draft action plan—public consultation 74
104 Draft action plan—revision 75
105 Draft action plan—final version and notification 75
106 Action plan—minor amendments 75
107 Action plan—conservator to implement 76
108 Action plan—monitoring and review 76
108A Action plan—ending action plan after review 77
Chapter 5 Protection of native species—conservation plans
Part 5.1 Special protection status
109 What is special protection status? 79
Part 5.2 Protected native species
110 What is a protected native species? 80
111 Minister to make protected native species list 80
112 Protected native species list—eligibility 81
113 Minister to develop criteria and processes for protected native species list 81
114 Protected native species list criteria—review 82
Part 5.3 Native species conservation plans
115 What is a native species conservation plan? 84
116 What is a draft native species conservation plan?—pt 5.3 84
117 Draft native species conservation plan—conservator to prepare 85
118 Draft native species conservation plan—consultation with scientific committee 85
119 Draft native species conservation plan—consultation with lessee and custodian 86
120 Draft native species conservation plan—public consultation 86
121 Draft native species conservation plan—revision 87
122 Draft native species conservation plan—final version and notification 88
123 Native species conservation plan—minor amendments 88
124 Native species conservation plan—conservator etc to implement 89
125 Native species conservation plan—monitoring and review 89
Chapter 6 Protection of native species—offences
Part 6.1 Offences
Division 6.1.1 Definitions—pt 6.1
126 Definitions—pt 6.1 91
Division 6.1.2 Native animals
127 Definitions—div 6.1.2 91
128 Offence—interfere with nest of native animal 92
129 Offence—interfere with nest of native animal—endanger progeny or breeding 93
130 Offence—kill native animal 95
131 Offence—injure or endanger native animal 96
132 Offence—take native animal 98
133 Offence—keep non-exempt animal 99
134 Offence—sell non-exempt animal 100
135 Offence—offer to sell animal without disclosing licence 101
136 Offence—import non-exempt animal 101
137 Offence—export non-exempt animal 102
138 Offence—release animal from captivity 103
138A Offence—use prohibited fruit netting 103
138B Offence—prohibited fruit netting retail display 104
Division 6.1.3 Native plants
139 Definitions—div 6.1.3 105
140 Offence—take native plant—unleased land 106
141 Offence—take and sell native plant—unleased land 107
142 Offence—take native plant—protected native species 108
143 Offence—take native plant—special protection status 109
144 Offence—damage native tree—unleased land 110
145 Offence—damage native tree—leased land 111
146 Offence—damage or take fallen native timber 112
147 Offence—offer to sell native plant without disclosing licence 114
148 Offence—sell native plant—protected or special protection status 114
149 Offence—sell native plant without plant tag—protected or special protection status 115
150 Offence—import native plant—protected or special protection status 116
151 Offence—export native plant—protected or special protection status 117
152 Offence—export plant without plant tag—protected or special protection status 118
Division 6.1.4 Exceptions to offences
153 Chapter 6 exceptions 119
Part 6.2 Other matters
154 What is an exempt animal? 122
155 Declarations—exempt animals 122
156 Interest in native animal ends with escape 123
Chapter 7 Controlled native species management plans
157 What is a controlled native species?—ch 7 124
158 What is a controlled native species management plan? 124
159 What is a draft controlled native species management plan?—ch 7 125
160 Draft controlled native species management plan—conservator to prepare 126
161 Draft controlled native species management plan—consultation with lessee and custodian 126
162 Draft controlled native species management plan—public consultation 126
163 Draft controlled native species management plan—revision 128
164 Draft controlled native species management plan—emergencies 128
165 Draft controlled native species management plan—final version and notification 129
166 Controlled native species management plan—minor amendments 129
167 Controlled native species management plan—conservator etc to implement 130
168 Controlled native species management plan—monitoring and review 131
Chapter 7ACultural resource management plan
168A Meaning of cultural resource management plan 132
168B Preparation of draft cultural resource management plan 132
168C Draft cultural resource management plan—revision and submission to Minister 133
168D Draft cultural resource management plan—Minister to approve, return or reject 133
168E Draft cultural resource management plan—Minister’s direction to revise etc 134
168F Cultural resource management plan—minor amendments 134
168G Cultural resource management plan—conservator to implement 135
168H Cultural resource management plan—reporting 135
168I Cultural resource management plan—review 136
Chapter 8 Reserves—management planning
Part 8.1 Definitions
169 What is a reserve?—Act 137
170 What is a wilderness area?—Act 138
Part 8.2 IUCN categories for reserves
171 What is an IUCN category for a reserve?—pt 8.2 139
172 Assignment of reserves to IUCN categories 139
173 IUCN reserve management objectives 140
174 Management of reserve assigned to IUCN category if no reserve management plan 140
Part 8.3 Reserve management plans
175 What is a reserve management plan? 141
176 What is a draft reserve management plan?—pt 8.3 141
177 Draft reserve management plan—custodian to prepare 142
179 Draft reserve management plan—public consultation 142
180 Draft reserve management plan—revision and submission to Minister 144
181 Draft reserve management plan—referral to Legislative Assembly committee 144
182 Draft reserve management plan—committee to report 145
183 Draft reserve management plan—Minister to approve, return or reject 145
184 Draft reserve management plan—Minister’s approval and notification 147
185 Draft reserve management plan—Minister’s direction to revise etc 147
186 Draft reserve management plan—Minister’s rejection 147
187 Reserve management plan—minor amendments 148
188 Reserve management plan—custodian to implement 149
189 Reserve management plan—review 149
Part 8.4 Ramsar wetlands management plans
190 What is a Ramsar wetland? 150
191 What is a Ramsar wetland management plan? 150
192 What is a draft Ramsar wetland managementplan?—pt 8.4 150
193 Draft Ramsar wetland management plan—conservator to prepare 151
194 Draft Ramsar wetland management plan—consultation with Commonwealth and custodian 151
195 Draft Ramsar wetland management plan—public consultation 152
196 Draft Ramsar wetland management plan—revision and submission to Minister 153
197 Draft Ramsar wetland management plan—Minister to approve, return or reject 153
198 Draft Ramsar wetland management plan—Minister’s approval and notification 154
199 Draft Ramsar wetland management plan—Minister’s direction to revise etc 154
200 Draft Ramsar wetland management plan—Minister’s rejection 155
201 Ramsar wetland management plan—minor amendments 155
202 Ramsar wetland management plan—conservator etc to implement 156
203 Ramsar wetland management plan—monitoring and review 156
Part 8.5 Access to biological resources in reserves
204 What are biological resources?—pt 8.5 157
205 What are genetic resources?—pt 8.5 157
206 Who is an access provider?—pt 8.5 157
207 What is accessing biological resources?—pt 8.5 158
208 Application—certain biological resources 159
209 Offence—access biological resources 160
210 Benefit-sharing agreement—licensee required to enter 161
211 Benefit-sharing agreement—provisions 161
212 Benefit-sharing agreement—informed consent 162
Chapter 9 Reserves—offences
Part 9.1 Reserves—offences generally
213 Offence—entry fee for reserve not paid 163
214 Offence—take or allow non-native animal into reserve 163
215 Offence—feed animal in reserve 164
216 Offence—interfere with trap or bait in reserve 165
217 Offence—weapons and traps in reserve 165
218 Offence—damage native plant in reserve 166
219 Offence—take plant or plant reproductive material into reserve 167
220 Offence—planting a plant in a reserve 167
221 Offence—remove soil or stone from reserve 168
222 Offence—damage, destroy or remove things in reserve 168
Part 9.2 Reserves—offences in wilderness areas
223 Offence—make road in wilderness area 170
224 Offence—use motor vehicle off road in wilderness area 170
225 Offence—excavate in wilderness area without licence 170
226 Direction to restore excavation site 171
227 Offence—fail to comply with restore excavation direction 172
228 Restoration of excavation site by Territory 172
Part 9.3 Reserves—repairing damage
229 Directions to repair damage to reserve 173
230 Offence—fail to comply with repair damage direction 174
231 Repair of damage by Territory 174
Part 9.4 Reserves—offences about clearing native vegetation
232 What is native vegetation?—pt 9.4 175
233 What is a native vegetation area?—pt 9.4 175
234 What is clearing native vegetation?—pt 9.4 176
235 When does clearing native vegetation cause serious harm or material harm to a reserve?—pt 9.4 176
236 Offence—clear vegetation causing serious harm 177
237 Offence—clear vegetation causing material harm 179
238 Offence—clear vegetation 180
239 Defence of appropriate diligence for offences—pt 9.4 181
240 Alternative verdicts for offences—pt 9.4 181
241 Order to restore cleared vegetation etc 182
242 Order to publicise conviction or finding of guilt—pt 9.4 183
Part 9.5 Reserves—offences about damaging land
243 What is damage to land?—pt 9.5 184
244 When does damage to land cause serious harm or material harm to a reserve?—pt 9.5 184
245 Offence—damage land causing serious harm 185
246 Offence—damage land causing material harm 187
247 Offence—damage land causing harm 188
248 Defence of appropriate diligence for offences—pt 9.5 189
249 Alternative verdicts for offences—pt 9.5 189
250 Order to rehabilitate land etc 190
251 Order to publicise conviction or finding of guilt—pt 9.5 191
Part 9.6 Exceptions to offences
252 Chapter 9 exceptions 192
Chapter 10Reserves—prohibited and restricted activities
Part 10.1 Resource protection areas
253 What is a resource protection area?—ch 10 194
254 Resource protection area—declaration 194
255 Resource protection area—review 196
Part 10.2 Prohibited and restricted activities
256 Conservator may make activities declarations 197
257 Offence—carry on restricted activity in reserve 198
258 Offence—carry on prohibited activity in reserve 199
259 Conservator may close reserve 200
260 Offence—enter closed reserve 201
261 Part 10.2 exceptions 201
Chapter 11 Nature conservation licences
Part 11.1 Licences—preliminary
262 What is a nature conservation licence? 203
262A Who is an influential person for a corporation?—ch 11 203
263 Offence—fail to comply with condition of licence 204
Part 11.2 Licences—application and suitability
264 Licence—application 205
265 Who is a suitable person to hold a licence?—ch 11 205
266 What is suitability information about a person?—ch 11 206
267 Suitability of people—further information about people 207
268 What is a suitable activity for a licence? 208
269 What is suitability information about an activity? 209
270 Suitability of activities—further information about activity 210
271 Suitability of activities—risk management plan 210
272 Suitability of activities—inspection of place 211
Part 11.3 Licences—decision
273 Licence—decision on application 212
274 Licence—conditions generally 213
275 Licence—conditions about native species conservation plans etc 213
276 Licence—term 214
277 Licence—form 214
Part 11.4 Licences—financial assurance conditions
278 What is a financial assurance condition? 215
279 Financial assurance condition—imposition 215
280 Financial assurance condition—show cause 216
281 Financial assurance condition—licence cancellation 217
282 Financial assurance condition—claim or realisation 217
283 Financial assurance condition—notice before claim or realisation 218
284 Financial assurance condition—recovery of extra costs 219
285 Financial assurance condition—money held by Territory 220
Part 11.5 Licences—amendment, transfer and renewal
286 Licence—amendment initiated by conservator 221
287 Licence—application to amend licence 222
288 Licence—decision on application to amend licence 222
289 Licence—application to transfer licence 224
290 Licence—decision on application to transfer licence 224
291 Licence—application for renewal of licence 225
292 Licence—decision on application for renewal of licence 226
293 Licence—replacing when lost, stolen or destroyed 227
294 Licence—surrender 228
295 Offence—fail to notify change of name or address 228
296 Licence—conservator to change name and address 229
Part 11.6 Licences—regulatory action
297 Licence—grounds for regulatory action 230
298 Licence—regulatory action 230
299 Licence—taking regulatory action 231
300 Licence—immediate suspension 232
301 Licence—effect of suspension 233
302 Offence—fail to return amended, suspended or cancelled licences 233
303 Action by conservator in relation to amended or suspended licence 234
Part 11.7 Licence—register, records and royalties
304 Licence register 235
305 Licence register—correction and keeping up to date 235
306 Offence—fail to keep records 236
307 Royalty 236
Chapter 12 Management agreements with utility suppliers, land developers and others
308 What are agencies and activities of agencies?—ch 12 238
309 What are management objectives?—ch 12 239
310 What is a management agreement?—ch 12 240
311 Management agreement—conservator may propose 241
312 Management agreement—agency may enter or refuse 242
313 Management agreement—refusal and repairing damage 242
314 Management agreement—breach of agreement and repairing damage 243
Chapter 13 Land development applications
315 Meaning of development—ch 13 244
316 Simplified outline 244
317 Advice about adverse environmental impacts 245
318 Requirements for conservator’s advice 245
Chapter 13A Minor public works in reserves
318A Minor public works code 248
Chapter 14 Enforcement
Part 14.1 Directions
319 Direction to give name and address 250
320 Offence—fail to comply with direction to give name and address 251
321 Direction to produce licence or records 252
322 Offence—fail to comply with direction to produce licence or record 253
323 Direction to provide information 253
324 Offence—fail to comply with information direction 254
325 Direction to leave reserve 254
326 Offence—fail to comply with direction to leave reserve 255
327 Direction to stop vehicle 256
328 Offence—fail to comply with stop vehicle direction 257
329 Urgent directions 257
330 Offence—fail to comply with urgent direction 259
331 Conservator’s directions 259
332 Offence—fail to comply with conservator’s direction 261
333 Treatment directions 262
334 Offence—fail to comply with treatment direction 263
335 Treatment of animal or plant by Territory 263
336 Injunctions to restrain contravention of urgent directions and conservator’s directions 264
Part 14.2 Enforcement by conservation officers
Division 14.2.1 Definitions—pt 14.2
337 Definitions—pt 14.2 266
Division 14.2.2 Powers of conservation officers
338 Power to enter premises 267
339 Production of identity card 268
340 Consent to entry 268
341 General powers on entry to premises 269
342 Power to seize things 270
343 Seizure and release of distressed native birds 271
344 Release of distressed animals—court orders 273
Division 14.2.3 Search warrants
345 Warrants generally 274
346 Warrants—application made other than in person 275
347 Search warrants—announcement before entry 276
348 Details of search warrant to be given to occupier etc 277
349 Occupier entitled to be present during search etc 277
Division 14.2.4 Return and forfeiture of things seized
350 Receipt for things seized 278
351 Moving things to another place for examination or processing under search warrant 278
352 Access to things seized 279
353 Return of things seized 280
354 Forfeiture of things seized 280
355 Power to destroy unsafe things 281
356 Application for order disallowing seizure 282
357 Order for return of things seized 283
Division 14.2.5 Enforcement—damage and compensation
358 Damage etc to be minimised 284
359 Compensation for exercise of enforcement powers 284
Chapter 15 Notification and review of decisions
360 Meaning of reviewable decision—ch 15 286
361 Reviewable decision notices 286
362 Applications for review 286
Chapter 16 Miscellaneous
363 Certain information may be kept confidential 287
364 Offences—use or divulge protected information 287
365 Acts and omissions of representatives 289
366 Criminal liability of executive officers 290
367 Evidentiary certificates 292
368 Determination of fees etc 292
370 Regulation-making power 293
371 Review of Act 293
Schedule 1 Reviewable decisions 294
Dictionary296
Endnotes
1 About the endnotes 310
2 Abbreviation key 310
3 Legislation history 311
4 Amendment history 316
5 Earlier republications 328
6 Expired transitional or validating provisions 330
Nature Conservation Act 2014
An Act to make provision for the protection, conservation, enhancement and management of nature in the ACT, for the management of reserves, and for other purposes
Chapter 1Preliminary
Part 1.1Introduction
Name of Act
This Act is the Nature Conservation Act 2014.
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 terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘motor vehicle—see the Road Transport (General) Act 1999, dictionary.’ means that the term ‘motor vehicle’ is defined in that dictionary 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, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, 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 all offences against this Act (see Code, pt 2.1).
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.
Objects of Act
(1)The main object of this Act is to protect, conserve and enhance the biodiversity of the ACT.
(2)This is to be achieved particularly by—
(a)protecting, conserving, enhancing, restoring and improving nature conservation, including—
(i)native species of animals and plants and their habitats; and
(ii)ecological communities; and
(iii)biological diversity at the community, species and genetic levels; and
(iv)ecosystems, and ecosystem processes and functions; and
Examples—processes and functions
1 decomposition and production of plant matter
2 energy and nutrient exchanges
(v)ecological connectivity; and
Example—connectivity
the movement of organisms from one place to another
(vi)landforms of natural significance, including geological and geomorphological features and processes; and
(vii)landscapes of natural significance; and
(b)promoting and supporting the management, maintenance and enhancement of biodiversity of local, regional and national significance; and
(c)promoting the involvement of, and cooperation between, Aboriginal and Torres Strait Islander people, landholders, other community members and governments in conserving, protecting, enhancing, restoring and improving biodiversity; and
(d)encouraging public appreciation, understanding and enjoyment of biodiversity; and
(e)recognising and promoting Aboriginal and Torres Strait Islander peoples’ role in, and knowledge of, the conservation and ecologically sustainable use of biodiversity; and
(f)recognising the significant stewardship role that landholders have in managing the natural assets on their land; and
(g)ensuring that members of the public have—
(i)access to reliable and relevant information in appropriate forms to facilitate a good understanding of nature conservation issues; and
(ii)opportunities to participate in policy development, nature conservation planning and conservation work; and
Example
ACT ParkCare
(h)promoting the principles of ecologically sustainable development.
(3)In exercising a function under this Act, the Minister must have regard to the objects of this Act.
(4)In this section:
ecologically sustainable development means the effective integration of economic and environmental considerations in decision-making processes achievable through implementation of the following:
(a)the precautionary principle;
(b)the inter-generational equity principle;
(c)conservation of biological diversity and ecological integrity;
(d)improved valuation and pricing of environmental resources.
inter-generational equity principle means that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.
precautionary principle means that, if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.
Part 1.2Relationship to other laws
Application of Act to Emergencies Act 2004
(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—
(a)protecting life or property; or
(b)controlling, extinguishing or preventing the spread of a fire.
(2)In this section:
emergency controller—see the Emergencies Act 2004, dictionary.
relevant person means—
(a)an emergency controller; or
(b)a member of the ambulance service; or
(c)a member of the fire and rescue service; or
(d)a member of the rural fire service; or
(e)a member of the SES; or
(f)any other person under the control of—
(i)an emergency controller; or
(ii)the chief officer (ambulance service); or
(iii)the chief officer (fire and rescue service); or
(iv)the chief officer (rural fire service); or
(v)the chief officer (SES); or
(g)a police officer.
Relationship to environment laws
(1)This Act must be construed and administered in a way that is consistent with an environment law unless the contrary intention appears from this Act or that law.
(2)This Act is 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)the Environment Protection Act 1997; and
(b)the Fisheries Act 2000; and
(c)the Water Resources Act 2007; and
(d)any other law of the Territory that has as 1 of its objects or purposes the protection of the environment.
Part 1.3Important concepts
What is nature?
In this Act:
nature means all aspects of nature including—
(a)ecosystems and their constituent parts; and
(b)all natural and physical resources; and
(c)natural dynamic processes; and
(d)the characteristics of places, however large or small, that contribute to their—
(i)biological diversity and integrity; or
(ii)intrinsic or scientific value.
What is conservation?
In this Act:
conservation means the protection and maintenance of nature while allowing for its ecologically sustainable use.
What is an animal?
In this Act:
animal—
(a)means a member, alive or dead, of the animal kingdom; and
(b)includes—
(i)a part of an animal; and
Examples
skin, feathers, horns, shell, egg yolk
(ii)animal reproductive material; but
(c)does not include—
(i)a human; or
(ii)a fish unless the fish—
(A)has special protection status; or
NoteSpecial protection status—see s 109.
(B)is a protected native species; or
NoteProtected native species—see s 110.
(iii)an invertebrate unless the invertebrate—
(A)has special protection status; or
(B)is a protected native species.
What is a native animal?
In this Act:
native animal—
(a)means an animal of a native species; but
(b)does not include an animal that is a declared pest.
What is a plant?
In this Act:
plant—
(a)means a member, alive or dead, of the—
(i)plant kingdom; or
(ii)fungus kingdom; and
(b)includes—
(i)a part of a plant; and
(ii)plant reproductive material.
What is a native plant?
In this Act:
native plant—
(a)means a plant of a native species; but
(b)does not include a plant that is a declared pest.
What is a species?
(1)In this Act:
species—
(a)means a group of biological entities that—
(i)interbreed to produce fertile offspring; or
(ii)possess common characteristics derived from a common gene pool; and
(b)includes—
(i)a subspecies; and
(ii)a variety; and
(iii)a distinct population of biological entities prescribed by regulation to be a species.
(2)In this section:
subspecies means a geographically separate population of a species, being a population that is characterised by morphological or biological differences from other populations of that species.
What is a native species?
In this Act:
native species—
(a)means a species—
(i)that is indigenous to—
(A)Australia or an external Territory; or
(B)the coastal sea of Australia or an external Territory; or
(C)the seabed of the coastal sea of Australia or an external Territory; or
(D)the continental shelf; or
(E)the exclusive economic zone; or
(ii)members of which periodically or occasionally visit—
(A)Australia or an external Territory; or
(B)the coastal sea of Australia or an external Territory; or
(C)the exclusive economic zone; or
(iii)that was present in Australia or an external Territory before 1400; and
(b)includes a species prescribed by regulation to be a native species; but
(c)does not include a species prescribed by regulation to not be a native species.
NoteCoastal sea—see the dictionary.
Continental shelf—see the dictionary.
Exclusive economic zone—see the dictionary.
Seabed—see the dictionary.
What is an ecological community?
In this Act:
ecological community means the extent in nature in the ACT of an assemblage of native species that—
(a)inhabits a particular area in nature; and
(b)satisfies the criteria prescribed by regulation (if any).
What is a member of a species or ecological community?
In this Act:
member includes—
(a)for a species of animal—
(i)any part of an animal of the species; and
(ii)any animal reproductive material of an animal of the species, or any part of that reproductive material; and
(iii)the whole or any part of the dead body of an animal of the species; and
(b)for a species of plant—
(i)any part of a plant of the species; and
(ii)any plant reproductive material of a plant of the species, or any part of that reproductive material; and
(iii)the whole or any part of a plant of the species that has died; and
(c)for an ecological community—
(i)any part of an animal or plant of the community; and
(ii)any animal reproductive material of an animal, or plant reproductive material of a plant, of the community, or any part of that animal reproductive material or plant reproductive material; and
(iii)the whole or any part of an animal or plant of the community that has died.
What is biodiversity?
In this Act:
biodiversity—
(a)means the variability among living organisms from all sources (including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part); and
(b)includes diversity—
(i)within species and between species; and
(ii)of ecosystems.
Chapter 2Administration
Part 2.1Conservator of flora and fauna
Conservator—appointment
(1)The director‑general must appoint a public servant as the Conservator of Flora and Fauna (the conservator).
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).
(2)However, the director‑general may appoint a person as the conservator only if satisfied that the person has suitable qualifications and experience to exercise the functions of the conservator.
(3)An appointment is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Conservator—functions
(1)The conservator’s main functions are—
(a)to develop and oversee policies, programs and plans for the effective management of nature conservation in the ACT; and
(b)to monitor the state of nature conservation in the ACT; and
(c)to provide information to the commissioner for sustainability and the environment for inclusion in a state of the environment report.
NoteState of the environment report—see s (5).
(2)The conservator has any other function given to the conservator under this Act or another territory law.
(3)In exercising a function, the conservator must ensure that it is exercised in a way that is consistent with implementing—
(a)the objects of this Act; and
NoteThe objects of this Act are set out in s 6.
(b)any conservator guidelines; and
NoteConservator guidelines—see s 23.
(c)the nature conservation strategy for the ACT.
NoteNature conservation strategy, for the ACT—see s 47.
(4)In exercising a function, the conservator may have regard to any other relevant matter, including the following:
(a)the findings of a biodiversity research and monitoring program;
NoteBiodiversity research and monitoring program—see s 24.
(b)an action plan for a species, ecological community or process;
NoteAction plan—see s 99.
(c)a reserve management plan for a reserve;
NoteReserve management plan, for a reserve—see s 175.
(d)any response of the government to—
(i)a state of the environment report under the Commissioner for Sustainability and the Environment Act 1993, section 19 (3) (State of the environment report); or
(ii)a special report under the Commissioner for Sustainability and the Environment Act 1993, section 21 (2) (Special reports);
(e)any other government policy or plan relating to nature conservation.
Example
kangaroo management plan
(5)In this section:
state of the environment report means a state of the environment report under the Commissioner for Sustainability and the Environment Act 1993.
Conservator—delegation
The conservator may delegate to a conservation officer the conservator’s functions under this Act or another territory law.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Conservator—guidelines
(1)The conservator may make guidelines about how the conservator is to exercise the conservator’s functions under this Act (the conservator guidelines).
NoteThe power to make guidelines includes the power to amend or repeal the guidelines. The power to amend or repeal the guidelines is exercisable in the same way, and subject to the same conditions, as the power to make the guidelines (see Legislation Act, s 46).
(2)In preparing the conservator guidelines, the conservator must consult the scientific committee.
(3)A conservator guideline is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Meaning of biodiversity research and monitoring program—pt 2.1
In this part:
biodiversity research and monitoring program means a program designed to monitor the—
(a)state of nature conservation generally in the ACT; and
(b)effective management of nature conservation in the ACT.
Biodiversity research and monitoring program—conservator to prepare
(1)The conservator must, every 2 years, prepare a biodiversity research and monitoring program for the next 2 years.
(2)In preparing the biodiversity research and monitoring program, the conservator must—
(a)consult the scientific committee about—
(i)priorities for the program; and
(ii)appropriate methods for monitoring; and
(b)consider the potential for engaging community organisations in monitoring activities; and
Example
using volunteers with Frogwatch to assist in surveying frog numbers
(c)consider arrangements for sharing and transferring monitoring data with other entities.
(3)The biodiversity research and monitoring program is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Biodiversity research and monitoring program—conservator to implement
(1)The conservator—
(a)must take reasonable steps to implement the biodiversity research and monitoring program; and
(b)may commission another entity to implement all or part of the program.
(2)The conservator must at the end of each biodiversity research and monitoring program—
(a)prepare a report on the implementation of the program (a biodiversity research and monitoring program report); and
(b)make the report publicly accessible as soon as possible, but not later than 3 months, after the end of the program.
Example—publicly accessible
published on the directorate website
(3)However, if the conservator considers that a plant or animal could be threatened by the disclosure of a particular detail in a finding, the conservator—
(a)need not include the particular detail; but
(b)must instead include a general statement of the finding.
Part 2.2ACT parks and conservation service
ACT parks and conservation service—establishment
(1)The ACT Parks and Conservation Service is established.
NoteEstablish includes continue in existence (see Legislation Act, dict, pt 1).
(2)The ACT parks and conservation service is made up of the conservation officers.
NoteThe conservator is a conservation officer. Other conservation officers are appointed by the director-general under s 28.
(3)The ACT parks and conservation service must assist—
(a)the conservator in the exercise of the conservator’s functions; and
(b)for unleased land, or public land, that is a reserve—the custodian for the land in the exercise of the custodian’s functions.
NoteCustodian, in relation to land—see the Planning Act 2023, dictionary.
(4)The ACT parks and conservation service has any other function given to the service under this Act or another territory law.
Part 2.3Conservation officers
Conservation officers—appointment
(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, 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).
(2)The conservator is a conservation officer.
Conservation officers—identity cards
(1)The director‑general must give a conservation officer an identity card stating the person’s name and that the person is a conservation officer.
(2)The identity card must show—
(a)a recent photograph of the conservation officer; and
(b)the card’s date of issue and expiry; and
(c)anything else prescribed by regulation.
(3)A person commits an offence if the person—
(a)stops being a conservation officer; and
(b)does not return the person’s identity card to the director‑general as soon as practicable (but not later than 7 days) after the day the person stops being a conservation officer.
Maximum penalty: 1 penalty unit.
(4)Subsection (3) does not apply to a person if the person’s identity card has been—
(a)lost or stolen; or
(b)destroyed by someone else.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
Conservation officers—power not to be exercised before identity card shown
A conservation officer may exercise a power under a territory law in relation to a person only if the conservation officer first shows the person the conservation officer’s identity card.
Part 2.4Scientific committee
Scientific committee—establishment
The scientific committee is established.
Scientific committee—functions
The scientific committee has the following functions:
(a)to advise the Minister about nature conservation;
(b)to advise the conservator about nature conservation;
(c)to exercise any other function given to the committee under this Act or another territory law.
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).
Scientific committee—annual report
(1)The scientific committee must, each financial year, give the Minister a report (an annual report) about the activities of the committee during the year.
(2)The scientific committee must make the annual report publicly accessible not later than 30 days after the day the scientific committee gives the report to the Minister.
Example—publicly accessible
published on the directorate website
Scientific committee—Minister’s directions
(1)The Minister may direct the scientific committee, in writing, to provide advice about a stated nature conservation matter.
(2)The Minister must give a copy of each Minister’s direction to the conservator.
(3)A report prepared by the conservator under the Annual Reports (Government Agencies) Act 2004 for a financial year must include—
(a)a copy of each Minister’s direction given during the year; and
(b)a statement by the conservator about action taken during the year to give effect to any Minister’s direction (whether given before or during the year).
Scientific committee—membership
The scientific committee is made up of 7 members appointed by the Minister under section 36.
Scientific committee—appointment of members
(1)The Minister must appoint 7 members to the scientific committee.
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
(2)The Minister must ensure that at least 4 members of the committee are not public servants.
(3)The Minister must not appoint a person to the committee unless satisfied that the person has appropriate scientific expertise in biology, ecology, conservation science, or conservation management.
(4)A member holds office as a part-time member.
(5)The appointment of a member is for not longer 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 appoint).
(6)The conditions of appointment of a member under this section are the conditions stated in the appointment, subject to any determination under the Remuneration Tribunal Act 1995.
(7)An appointment is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Scientific committee—chair and deputy chair
(1)The Minister must appoint a chair and deputy chair of the scientific committee from the members appointed under section 36.
(2)However, the chair and deputy chair must not be public servants.
Scientific committee—secretary
The director‑general must nominate a public servant who is not a member appointed under section 36 to be the secretary of the scientific committee.
Scientific committee—ending appointments
The Minister may end the appointment of a member—
(a)for misbehaviour; or
(b)if the member, without reasonable excuse, contravenes section 40; or
(c)if the member is absent from 3 consecutive meetings of the scientific committee, other than on approved leave; or
(d)for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.
NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).
Scientific committee—disclosure of interests
(1)If a member of the scientific committee has a material interest in an issue being considered, or about to be considered, by the committee, the member must disclose the nature of the interest at a committee meeting as soon as practicable after the relevant facts come to the member’s knowledge.
NoteMaterial interest is defined in s (4). The definition of indirect interest in s (4) applies to the definition of material interest.
(2)The disclosure must be recorded in the committee’s minutes and, unless the committee otherwise decides, the member must not—
(a)be present when the committee considers the issue; or
(b)take part in a decision of the committee on the issue.
(3)Any other committee member who also has a material interest in the issue must not be present when the committee is considering its decision under subsection (2).
(4)In this section:
associate, of a person, means—
(a)the person’s business partner; or
(b)a close friend of the person; or
(c)a family member of the person.
executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation.
indirect interest—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue:
(a)an associate of the person;
(b)a corporation if the corporation has not more than 100 members and the person, or an associate of the person, is a member of the corporation;
(c)a subsidiary of a corporation mentioned in paragraph (b);
(d)a corporation if the person, or an associate of the person, is an executive officer of the corporation;
(e)the trustee of a trust if the person, or an associate of the person, is a beneficiary of the trust;
(f)a member of a firm or partnership if the person, or an associate of the person, is a member of the firm or partnership;
(g)someone else carrying on a business if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business.
material interest—a committee member has a material interest in an issue if the member has—
(a)a direct or indirect financial interest in the issue; or
(b)a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to the committee’s consideration of the issue.
Scientific committee—meetings
(1)Meetings of the scientific committee are to be held when and where it decides.
(2)However, the chair must call a meeting—
(a)as often as needed for the committee to efficiently carry out its functions; and
(b)if asked by the Minister.
(3)The chair must give the other members of the committee at least 5 working days written notice of a meeting.
Scientific committee—presiding member at meetings
(1)The chair presides at all meetings at which the chair is present.
(2)If the chair is absent, the deputy chair presides.
(3)If the chair and the deputy chair are absent, the member chosen by the members present presides.
Scientific committee—quorum at meetings
Business may be carried on at a meeting of the scientific committee only if at least 1/2 of the appointed members are present.
Scientific committee—voting at meetings
(1)At a meeting of the scientific committee, each member has a vote on each question to be decided.
(2)A question is decided by a majority of the votes of the members present and voting but, if the votes are equal, the member presiding has the deciding vote.
Scientific committee—conduct of meetings
(1)The scientific committee may conduct its proceedings (including its meetings) as it considers appropriate.
(2)The scientific committee must keep minutes of its meetings.
Part 2.5Advisory committees
Advisory committees
(1)The Minister may set up advisory committees that the Minister considers necessary.
(2)An advisory committee may decide how to exercise its functions.
(3)However, an advisory committee is subject to the direction of the Minister in the exercise of its functions.
Chapter 3Nature conservation strategy for the ACT
What is the nature conservation strategy for the ACT?
In this Act:
nature conservation strategy, for the ACT, means a strategy for the ACT, notified under section 54 (Draft strategy—Minister’s approval and notification).
Note The power to prepare a draft nature conservation strategy includes the power to amend or repeal the draft strategy. The power to amend or repeal the draft strategy is exercisable in the same way, and subject to the same conditions, as the power to make the draft strategy (see Legislation Act, s 46).
What is a draft nature conservation strategy?—ch 3
In this chapter:
draft nature conservation strategy, for the ACT—
(a)means a statement of—
(i)proposals about the protection, management and conservation of—
(A)native species indigenous to the ACT; and
(B)significant ecosystems of the ACT; and
(ii)strategies to address actual and potential impacts of climate change; and
(b)includes anything required to be included by a conservator guideline.
NoteConservator guidelines—see s 23.
Draft nature conservation strategy—conservator to prepare
(1)The conservator must prepare a draft nature conservation strategy for the ACT.
NotePower to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).
(2)In preparing the draft nature conservation strategy, the conservator must consider—
(a)landscape scale approaches across tenures; and
(b)restoration of habitats; and
(c)landscape connectivity; and
(d)threats to biodiversity; and
(e)the impacts of climate change; and
(f)biodiversity research and monitoring program reports.
Draft nature conservation strategy—consultation with entities
In preparing a draft nature conservation strategy for the ACT, the conservator must consult—
(a)the scientific committee; and
(b)the commissioner for sustainability and the environment.
Draft nature conservation strategy—public consultation
(1)If the conservator prepares a draft nature conservation strategy, the conservator must also prepare a notice about the draft nature conservation strategy (a public consultation notice).
(2)A public consultation notice must—
(a)state that—
(i)anyone may give a written submission to the conservator about the draft nature conservation strategy; and
(ii)submissions may be given to the conservator only during the period starting on the day the public consultation notice is notified under the Legislation Act and ending on a stated day, being a day at least 6 weeks after the day it is notified (the public consultation period); and
(b)include the draft nature conservation strategy.
(3)A public consultation notice is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(4)If the conservator notifies a public consultation notice for a draft nature conservation strategy—
(a)anyone may give a written submission to the conservator about the draft strategy; and
(b)the submission may be given to the conservator only during the public consultation period for the draft strategy; and
(c)the person making the submission may, in writing, withdraw the submission at any time.
(5)The conservator may make arrangements for people with particular communication needs to ensure they have adequate opportunity to comment on the draft strategy.
Draft strategy—revision and submission to Minister
(1)If the public consultation period for a draft nature conservation strategy has ended, the conservator must—
(a)consider any submissions received during the public consultation period; and
(b)make any revisions to the draft strategy that the conservator considers appropriate.
(2)The conservator must then submit the draft strategy to the Minister for approval.
(3)The draft strategy must be accompanied by a report setting out the issues raised in any submissions given to the conservator during the public consultation period for the draft strategy.
Draft strategy—Minister to approve, return or reject
If the conservator submits a draft nature conservation strategy to the Minister for approval, the Minister must—
(a)approve the draft strategy; or
(b)return the draft strategy to the conservator and direct the conservator to take 1 or more of the following actions in relation to it:
(i)carry out stated further consultation;
(ii)consider a relevant report;
Example
a report of the commissioner for sustainability and the environment under the Commissioner for Sustainability and the Environment Act 1993
(iii)revise the draft strategy in a stated way; or
(c)reject the draft strategy.
Draft strategy—Minister’s approval and notification
(1)A draft nature conservation strategy approved by the Minister under section 53 (a) or section 57 (3) is a nature conservation strategy.
(2)A nature conservation strategy is a disallowable instrument.
Note 1A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Note 2The power to make a nature conservation strategy includes the power to amend or repeal the strategy. The power to amend or repeal the strategy is exercisable in the same way, and subject to the same conditions, as the power to make the strategy (see Legislation Act, s 46).
Note 3Minor amendments may be made to the strategy under s 57.
Draft strategy—Minister’s direction to revise etc
(1)This section applies if the Minister gives the conservator a direction under section 53 (b).
(2)The conservator must—
(a)give effect to the direction; and
(b)resubmit the draft strategy to the Minister for approval.
(3)The Minister must decide, under section 53, what to do with the resubmitted draft strategy.
Draft strategy—Minister’s rejection
(1)If the Minister rejects a draft nature conservation strategy under section 53 (c), the Minister must prepare a notice stating that the draft strategy is rejected (a rejection notice).
(2)A rejection notice is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Nature conservation strategy—minor amendments
(1)This section applies if—
(a)a nature conservation strategy for the ACT is in force (the existing strategy); and
(b)the conservator considers that minor amendments to the existing strategy are appropriate.
(2)The conservator—
(a)may prepare a new draft nature conservation strategy, incorporating the minor amendments into the existing strategy; and
(b)need not comply with the requirements in this part; and
(c)may submit the new draft nature conservation strategy to the Minister for approval.
(3)If the conservator submits a new draft nature conservation strategy to the Minister for approval, the Minister must—
(a)approve the strategy; or
(b)reject the strategy.
NoteThe new draft nature conservation strategy approved by the Minister is a nature conservation strategy and is a disallowable instrument (see s 54).
(4)In this section:
minor amendment, of a nature conservation strategy for the ACT, means an amendment that will improve the effectiveness or technical efficiency of the strategy without changing the substance of the strategy.
Examples
1 minor correction to improve effectiveness
2 omission of something redundant
3 technical adjustment to improve efficiency
Nature conservation strategy—conservator to implement
If a nature conservation strategy is in force for the ACT, the conservator must take reasonable steps to implement the strategy.
Nature conservation strategy—monitoring
(1)The conservator must monitor the effectiveness of the nature conservation strategy for the ACT.
(2)The conservator must report to the Minister about the nature conservation strategy for the ACT at least once every 5 years.
(3)The Minister must consider the report and may take any action the Minister considers appropriate.
(4)The Minister must make the report publicly accessible not later than 30 days after the day the conservator gives the report to the Minister.
Example—publicly accessible
published on the directorate website
Nature conservation strategy—review
(1)The conservator must review the nature conservation strategy every 10 years after the strategy commences.
(2)However, the Minister may extend the time for conducting the review.
(3)In conducting the review, the conservator must—
(a)consider each matter mentioned in section 49 (2) (Draft nature conservation strategy—conservator to prepare) in relation to the nature conservation strategy under review; and
(b)consult the entities mentioned in section 50; and
(c)carry out public consultation in accordance with section 51 (Draft nature conservation strategy—public consultation) as if a reference to a draft nature conservation strategy were a reference to the nature conservation strategy under review.
(4)If the public consultation period for the review has ended, the conservator must—
(a)consider each submission received during the public consultation period; and
(b)if the person who makes a submission during the public consultation period agrees to the conservator making the submission publicly accessible—make the submission publicly accessible; and
Example—publicly accessible
published on the directorate website
(c)make any recommendation to the Minister about the strategy under review that the conservator considers appropriate.
(5)The recommendation must be accompanied by a report setting out the issues raised in any submissions given to the conservator during the public consultation period for the strategy under review.
(6)If the conservator makes a recommendation to the Minister, the Minister must respond to the conservator about the recommendation.
(7)If the conservator receives a response from the Minister, the conservator must make the following publicly accessible:
(a)the Minister’s response;
(b)details of any proposed amendments to the strategy as a result of the review.
Note The power to prepare a nature conservation strategy includes the power to amend the strategy. The power to amend the strategy is exercisable in the same way, and subject to the same conditions, as the power to make the strategy (see Legislation Act, s 46).
Chapter 4Threatened native species and ecological communities
Part 4.1Threatened native species
What is a threatened native species?
In this Act:
threatened native species means a native species listed in the threatened native species list.
NoteNative species—see s 16.
What is a threatened native species list?
In this Act:
threatened native species list means a list of species notified under section 91 (Final version of list and notification).
Threatened native species list—categories
(1)The Minister must make a threatened native species list.
(2)The list must contain the species eligible to be included in 1 of the following categories (a national category) in the list:
(a)extinct;
(b)extinct in the wild;
(c)critically endangered;
(d)endangered;
(e)vulnerable;
(f)conservation dependent.
(3)The list may contain the species eligible to be included in 1 of the following categories (a regional category) in the list:
(a)regionally threatened;
(b)regionally conservation dependent;
(c)provisional.
Threatened native species list—eligibility for national categories
(1)A native species is eligible to be included in the extinct category in the threatened native species list if, assessed at a national scale, there is no reasonable doubt that the last member of the species has died.
(2)A native species is eligible to be included in the extinct in the wild category in the threatened native species list if, assessed at a national scale—
(a)it is known only to survive in cultivation, in captivity or as a naturalised population well outside its past range; or
(b)it has not been recorded in its known or expected habitat, at appropriate seasons, anywhere in its past range, despite exhaustive surveys over a time frame appropriate to its life cycle and form.
(3)A native species is eligible to be included in the critically endangered category in the threatened native species list if, assessed at a national scale, it is facing an extremely high risk of extinction in the wild in the immediate future.
(4)A native species is eligible to be included in the endangered category in the threatened native species list if, assessed at a national scale—
(a)it is not critically endangered; but
(b)it is facing a very high risk of extinction in the wild in the near future.
(5)A native species is eligible to be included in the vulnerable category in the threatened native species list if, assessed at a national scale—
(a)it is not critically endangered or endangered; but
(b)it is facing a high risk of extinction in the wild in the medium‑term future.
(6)A native species is eligible to be included in the conservation dependent category in the threatened native species list if—
(a)it is a fish; and
(b)it is the subject of a plan of management, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), that identifies actions necessary to stop the decline of, and support the recovery of, the species to maximise its chances of long-term survival in the wild; and
(c)the plan of management is in force under a law of the Commonwealth, the Territory or a State; and
(d)the ending of the plan may result in the species becoming vulnerable, endangered or critically endangered.
(7)In this section:
assessed at a national scale, for an item—see section 80.
NoteItem includes a species (see s 80).
fish includes all species of bony fish, sharks, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.
64AThreatened native species list—eligibility for regional categories
(1)A native species is eligible to be included in the regionally threatened category in the threatened native species list if—
(a)the species occurs or is likely to occur in the ACT; and
(b)there are threatened native species list criteria for the category; and
(c)the species satisfies the threatened native species list criteria for the category.
(2)A native species is eligible to be included in the regionally conservation dependent category in the threatened native species list if—
(a)the species occurs or is likely to occur in the ACT; and
(b)there are threatened native species list criteria for the category; and
(c)the species satisfies the threatened native species list criteria for the category.
(3)A native species is eligible to be included in the provisional category in the threatened native species list if—
(a)there is a significant decline in the number of members of the species in the ACT or surrounding region; or
(b)the species—
(i)occurs or is likely to occur in the ACT or surrounding region; and
(ii)is listed as a threatened native species under a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or
(c)the species was listed in the extinct category of the threatened native species list but has been definitely located in nature in the ACT or surrounding region since it was last listed as extinct.
NoteSee also s 97 about rediscovery of species that were extinct.
(4)A native species is no longer eligible to be included in the provisional category in the threatened native species list if it has been in the category for 18 months.
(5)A native species is not eligible to be included in a regional category in the threatened native species list if—
(a)it is eligible to be included in a national category in the list; or
(b)it is included in the protected native species list.
NoteProtected native species list—see s 111.
(6)However, a native species that is eligible to be included in the extinct category or extinct in the wild category in the threatened native species list may be included in a regional category in the list if the species is introduced or reintroduced into the ACT.
NoteSpecies includes a distinct population of biological entities prescribed by regulation to be a species (see s 15 (1), def species, par (b) (iii)).
Threatened native species list—eligibility criteria
(1)The Minister must develop criteria to be used in deciding whether a species is eligible to be included in a category in the threatened native species list (the threatened native species list criteria).
NoteThe power to make an instrument includes the power to amend or repeal the instrument (see Legislation Act, s 46).
(2)The threatened native species list criteria may only include scientific matters.
(3)In developing the threatened native species list criteria, the Minister must have regard to—
(a)the conservation of the species; and
(b)the ecological significance of the species; and
(c)any relevant national standards.
(4)In developing the threatened native species list criteria, the Minister must consult—
(a)the conservator; and
(b)the scientific committee.
(5)The threatened native species list criteria are a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Threatened native species list—criteria to review
(1)This section applies if the conservator, or the scientific committee, considers that the threatened native species list criteria should be reviewed because—
(a)the criteria are not adequately identifying species eligible to be included in a category in the threatened native species list; or
(b)there are changes to national or international standards relating to the criteria.
(2)The conservator or the scientific committee must recommend to the Minister that the Minister review the threatened native species list criteria.
(3)The Minister must consider the recommendation and may—
(a)review the threatened native species list criteria under section 65; or
(b)refuse to review the threatened native species list criteria.
(4)A decision to refuse to review the threatened native species list criteria, including a statement of reasons for the decision, is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Part 4.2Threatened ecological communities
What is a threatened ecological community?
In this Act:
threatened ecological community means an ecological community listed in the threatened ecological communities list.
NoteEcological community—see s 17.
What is a threatened ecological communities list?
In this Act:
threatened ecological communities list means a list of ecological communities notified under section 91 (Final version of list and notification).
Threatened ecological communities list—categories
The Minister must make a threatened ecological communities list—
(a)containing the ecological communities eligible to be included in the list; and
(b)divided into the following categories:
(i)collapsed;
(ii)critically endangered;
(iii)endangered;
(iv)vulnerable;
(v)provisional.
Threatened ecological communities list—eligibility for categories
(1)An ecological community is eligible to be included in the collapsed category in the threatened ecological communities list if there is no reasonable doubt that its defining biotic or abiotic features are lost from all occurrences and the characteristic native biota are no longer sustained.
Example
Collapse may occur when most of the diagnostic components of the characteristic native biota are lost from the ecological community, or when functional components (biota that perform key roles in ecological community organisation) are greatly reduced in abundance and lose the ability to recruit.
(2)An ecological community is eligible to be included in the critically endangered category in the threatened ecological communities list if it is facing an extremely high risk of extinction in the wild in the immediate future.
(3)An ecological community is eligible to be included in the endangered category in the threatened ecological communities list if—
(a)it is not critically endangered; but
(b)it is facing a very high risk of extinction in the wild in the near future.
(4)An ecological community is eligible to be included in the vulnerable category in the threatened ecological communities list if—
(a)it is not critically endangered or endangered; but
(b)it is facing a high risk of extinction in the wild in the medium‑term future.
(5)An ecological community is eligible to be included in the provisional category in the threatened ecological communities list if—
(a)there is a strong decline in the size of the ecological community in the ACT and the surrounding region; or
(b)the ecological community—
(i)exists or is likely to exist in the ACT; and
(ii)is listed as a threatened ecological community under a law of another jurisdiction corresponding, or substantially corresponding, to this Act.
(6)An ecological community is no longer eligible to be included in the provisional category in the threatened ecological communities list if it has been in the category for 18 months.
activities declaration, for a reserve—see section 256.
activity information notice, for an activity—see section 270.
ACT parks and conservation service means the ACT parks and conservation service established under section 27.
agency, for chapter 12 (Management agreements with utility suppliers, land developers and others)—see section 308.
animal—see section 11.
animal reproductive material means—
(a)an embryo, an egg or sperm of an animal; or
(b)any other part, or product, of an animal from which another animal could be produced.
assessed at a national scale, for an item, for part 4.4 (Including, transferring and omitting items in a list)—see section 80.
biodiversity—see section 19.
biodiversity research and monitoring program, for part 2.1 (Conservator of flora and fauna)—see section 24.
biodiversity research and monitoring program report—see section 26.
biological resources, for part 8.5 (Access to biological resources in reserves)—see section 204.
built-up urban area, for division 6.1.3 (Native plants)—see section 139.
cause, serious harm or material harm—
(a)for part 9.4 (Reserves—offences about clearing native vegetation)—see section 235; and
(b)for part 9.5 (Reserves—offences about damaging land)—see section 244.
clearing native vegetation, for part 9.4 (Reserves—offences about clearing native vegetation)—see section 234.
closed reserve declaration, for a reserve, for part 10.2 (Prohibited and restricted activities)—see section 259.
coastal sea, of Australia or an external Territory—see the Acts Interpretation Act 1901 (Cwlth), section 15B (4) (Application of Acts in coastal sea).
common assessment method, for part 4.4 (Including, transferring and omitting items in a list—general)—see section 80.
connected, for part 14.2 (Enforcement by conservation officers)—see section 337.
conservation—see section 10.
conservation advice means an advice mentioned in section 90C.
conservation dependent species means a species included in the conservation dependent category in the threatened native species list.
conservation officer means a conservation officer mentioned in section 28.
conservator—see section 20 (1).
conservator guidelines—see section 23.
conservator’s direction—see section 331 (2).
continental shelf—see the Seas and Submerged Lands Act 1973 (Cwlth), section 3.
controlled native species, for chapter 7 (Controlled native species management plans)—see section 157.
controlled native species management plan, for a controlled native species—see section 158.
critical habitat, for a species or ecological community, means a habitat that is critical to the survival of the species or ecological community.
critically endangered ecological community means an ecological community included in the critically endangered category in the threatened ecological communities list.
critically endangered species means a species included in the critically endangered category in the threatened native species list.
cultural resource management plan—see section 168A.
custodian, in relation to land—see the Planning Act 2023, dictionary.
NoteCustodian applies only to land that is unleased land, public land or both.
damage—
(a)a tree, for division 6.1.3 (Native plants)—see section 139; and
(b)to land, for part 9.5 (Reserves—offences about damaging land)—see section 243.
data deficient species means a species included in the data deficient category on the protected native species list.
declared pest—see the Biosecurity Act 2023, section 11 (2).
development, for chapter 13 (Land development applications)—see section 315.
draft action plan, for a relevant species, relevant ecological community or key threatening process, for part 4.5 (Action plans)—see section 100.
draft controlled native species management plan, for a controlled native species, for chapter 7 (Controlled native species management plans)—see section 159.
draft native species conservation plan, for a native species on stated land, for part 5.3 (Native species conservation plans)—see section 116.
draft nature conservation strategy, for the ACT, for chapter 3 (Nature conservation strategy for the ACT)—see section 48.
draft Ramsar wetland management plan, for a Ramsar wetland, for part 8.4 (Ramsar wetlands management plans)—see section 192.
draft reserve management plan, for a reserve, for part 8.3 (Reserve management plans)—see section 176.
due date—
(a)for when the financial assurance must be provided—see section 280; and
(b)for when a proposed management agreement is to be signed and returned to the conservator—see section 311.
ecological community—see section 17.
ecosystem means a dynamic complex of plant, animal and micro‑organism communities and their non‑living environment interacting as a functional unit.
eligible species—see section 95 (1).
endangered ecological community means an ecological community included in the endangered category in the threatened ecological communities list.
endangered species means a species included in the endangered category in the threatened native species list.
evidence direction—see section 319 (3).
exclusive economic zone—see the Seas and Submerged Lands Act 1973 (Cwlth), section 3.
exempt animal—see section 154.
export an item, means take the item to another place for any purpose.
Examples—purpose
· sale or trade
· personal use
· gift
financial assurance condition, on a licence—see section 278.
financial assurance considerations—see section 279.
fisheries management plan—see the Fisheries Act 2000, section 5.
genetic resources, for part 8.5 (Access to biological resources in reserves)—see section 205.
ground for regulatory action, against a licensee—see section 297.
habitat means an area—
(a)occupied (continuously, periodically or occasionally) by an organism or group of organisms; or
(b)once occupied (continuously, periodically or occasionally) by an organism, or group of organisms, and into which organisms of that kind have the potential to be reintroduced.
import an item, means bring in the item from another place for any purpose.
Examples—purpose
· sale or trade
· personal use
· gift
in, a vehicle, includes on the vehicle.
ineligible species—see section 95 (1).
influential person, for a corporation, for chapter 11 (Nature conservation licences)—see section 262A.
information direction—see section 323 (2).
inspection notice, for a licence—see section 272.
interfere with an item, for division 6.1.2 (Native animals)—see section 127.
item, for part 4.4 (Including, transferring and omitting items in list)—see section 80.
IUCN category, for a reserve, for part 8.2 (IUCN categories for reserves)—see section 171.
IUCN reserve management objectives, for an IUCN category, for part 8.2 (IUCN categories for reserves)—see section 173.
keep, an animal, means have charge or possession of the animal, either in captivity or in a domesticated state.
key threatening process—see section 74.
key threatening processes list—see section 75.
key threatening processes list criteria—see section 78.
lease—see the Planning Act 2023, section 257.
leave reserve direction, for part 14.1 (Directions)—see section 325 (2).
licence means a nature conservation licence.
licence number, for a licence—see section 277.
licence register—see section 304.
licensed activity, for a licence—see section 262.
list, for part 4.4 (Including, transferring and omitting items in list)—see section 80.
listed migratory species—see the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), section 528.
listing assessment, for part 4.4 (Including, transferring and omitting items in list)—see section 85 (2).
management agreement, for public land or unleased territory land, for chapter 12 (Management agreements with utility suppliers, land developers and others)—see section 310.
management objectives, for public land or unleased territory land, for chapter 12 (Management agreements with utility suppliers, land developers and others)—see section 309.
material harm, to a reserve—
(a)for clearing native vegetation, for part 9.4 (Reserves—offences about clearing native vegetation)—see section 235; or
(b)for damage to land, for part 9.5 (Reserves—offences about damaging land)—see section 244.
member—
(a)for a species of animal—see section 18 (a); or
(b)for a species of plant—see section 18 (b); or
(c)for an ecological community—see section 18 (c).
minor amendment, for division 4.4.6 (Minor amendments of list)—see section 93.
motor vehicle—see the Road Transport (General) Act 1999, dictionary.
name and address direction—see section 319 (2).
national category, in the threatened native species list—see section 63 (2) (Threatened native species list—categories).
nationally threatened, in relation to an item, for part 4.4 (Including, transferring and omitting items in list)—see section 80.
native animal—see section 12.
native plant—see section 14.
native species—see section 16.
native species conservation plan, for a native species—see section 115.
native timber, for division 6.1.3 (Native plants)—see section 139.
native tree, for division 6.1.3 (Native plants)—see section 139.
native vegetation, for an area, for part 9.4 (Reserves—offences about clearing native vegetation)—see section 232.
native vegetation area, for part 9.4 (Reserves—offences about clearing native vegetation)—see section 233.
nature—see section 9.
nature conservation licence—see section 262.
nature conservation strategy, for the ACT—see section 47.
nest, of an animal, for division 6.1.2 (Native animals)—see section 127.
nomination, for part 4.4 (Including, transferring and omitting items in list)—see section 80.
occupier, of premises, for part 14.2 (Enforcement by conservation officers)—see section 337.
offence, for part 14.2 (Enforcement by conservation officers)—see section 337.
organism includes—
(a)a virus; and
(b)the reproductive material of an organism; and
(c)an organism that has died.
participating State, for part 4.4 (Including, transferring and omitting items in list)—see section 80.
personal information notice—see section 267.
planning and development management objectives, for an area of public land reserved for a particular purpose, means the management objectives under the Planning Act 2023, section 387.
NoteThe management objectives are stated in the following:
· the Planning Act 2023, sch 3
· determinations made by the conservator under the Planning Act 2023, s 387 (2).
plant—see section 13.
plant reproductive material means—
(a)a seed or spore of a plant; or
(b)a cutting from a plant; or
(c)any other part, or product, of a plant from which another plant can be produced.
plant tag, for a plant, for division 6.1.3 (Native plants)—see section 139.
population, of a species or ecological community, means an occurrence of the species or community in a particular area.
premises includes—
(a)land (whether vacant or occupied); and
(b)a vehicle; and
(c)a vessel; and
(d)an aircraft.
prohibited activity, for a reserve—see section 256.
proposed agreement—see section 311.
proposed new licensee, for a licence—see section 289.
protected native species—see section 110.
protected native species list—see section 111 (1).
protected native species list criteria—see section 113 (1).
public consultation notice, for a nomination, for part 4.4 (Including, transferring and omitting items in list)—see section 84 (1).
public consultation period—
(a)for a draft action plan, for part 4.5 (Action plans)—see section 103 (2); and
(b)for a draft controlled native animal management plan, for chapter 7 (Controlled native species management plans)—see section 162 (2); and
(c)for a draft native species conservation plan, for part 5.3 (Native species conservation plans)—see section 120 (2); and
(d)for a draft nature conservation strategy, for chapter 3 (Nature conservation strategy for the ACT)—see section 51 (2); and
(e)for a draft Ramsar wetland management plan, for part 8.4 (Ramsar wetlands management plans)—see section 195 (2); and
(f)for a draft reserve management plan, for part 8.3 (Reserve management plans)—see section 179 (2); and
(g)for a nomination, for part 4.4 (Including, transferring and omitting items in list)—see section 84 (3).
public land—see the Planning Act 2023, dictionary.
public unleased land permit—see the Public Unleased Land Act 2013, section 40.
Ramsar wetland—see section 190.
Ramsar wetland management plan, for a Ramsar wetland—see section 191.
rare species means a species included in the rare category on the protected native species list.
regional category, in the threatened native species list—see section 63 (3) (Threatened native species list—categories).
regionally conservation dependent species means a species included in the regionally conservation dependent category in the threatened native species list.
regionally threatened species means a species included in the regionally threatened category in the threatened native species list.
regular migratory species—see section 98.
regulatory action, against a licensee—see section 298.
relevant Assembly committee, for a provision, means a standing committee of the Legislative Assembly nominated, in writing, by the Speaker for the provision.
relevant ecological community—see section 98.
relevant species—see section 98.
repair damage direction, for part 9.3 (Reserves—repairing damage)—see section 229 (2).
reserve—see section 169.
reserve management plan, for a reserve, for part 8.3 (Reserve management plans)—see section 175.
resource protection area, for chapter 10 (Reserves—prohibited and restricted activities)—see section 253.
resource protection area declaration, for a resource protection area—see section 254.
restore excavation direction, for part 9.2 (Reserves—offences in wilderness areas)—see section 226 (2).
restricted activity, for a reserve—see section 256.
restricted trade species means a species included in the restricted trade category on the protected native species list.
reviewable decision, for chapter 15 (Notification and review of decisions)—see section 360.
risk management plan notice, for a licence—see section 271.
scientific committee means the scientific committee established under section 31.
seabed includes—
(a)the surface of a coral formation; and
(b)subsoil of seabed (including coral beneath the surface of a coral formation).
sell, for part 6.1 (Offences)—see section 126.
serious harm, to a reserve—
(a)for clearing native vegetation, for part 9.4 (Reserves—offences about clearing native vegetation)—see section 235; or
(b)for damage to land, for part 9.5 (Reserves—offences about damaging land)—see section 244.
show cause notice, for a licensee, for part 11.6 (Licences—regulatory action)—see section 299.
special protection status, for a native species—see section 109.
species—see section 15.
stop vehicle direction, for part 14.1 (Directions)—see section 327 (2).
suitability information—
(a)about an activity—see section 269; or
(b)about a person—see section 266.
suitable activity, for a licence—see section 268.
suitable person, to hold a licence, for chapter 11 (Nature conservation licences)—see section 265.
take, for part 6.1 (Offences)—see section 126.
threatened ecological communities list—see section 68.
threatened ecological communities list criteria—see section 71.
threatened ecological community—see section 67.
threatened native species—see section 61.
threatened native species list—see section 62.
threatened native species list criteria—see section 65.
threatening process—see section 73.
transfer, an item within a list, for part 4.4 (Including, transferring and omitting items in list)—see section 80.
treatment direction, for part 14.1 (Directions)—see section 333.
tree seedling, for division 6.1.3 (Native plants)—see section 139.
urgent direction, for part 14.1 (Directions)—see section 329.
vehicle includes vessel.
vessel includes hovercraft.
vulnerable ecological community means an ecological community included in the vulnerable category in the threatened ecological communities list.
vulnerable species means a species included in the vulnerable category in the threatened native species list.
warrant, for part 14.2 (Enforcement by conservation officers)—see section 337.
wilderness area—see section 170.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Nature Conservation Act 2014 A2014-59
notified LR 11 December 2014
s 1, s 2 commenced 11 December 2014 (LA s 75 (1))
ch 13, dict def development commenced 11 June 2015 (s 2 (2) (b))
remainder commenced 11 June 2015 (s 2 (1) and LA s 79)as modified by
Nature Conservation (Transitional Provisions) Regulation 2015 SL2015‑26 s 5
notified LR 9 July 2015
s 1, s 2 commenced 9 July 2015 (LA s 75 (1))
s 5 commenced 10 July 2015 (s 2)as amended by
Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.46, sch 3 pt 3.2
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.46, sch 3 pt 3.2 commenced 14 October 2015 (s 2)Planning, Building and Environment Legislation Amendment Act 2016 A2016‑2 pt 6
notified LR 23 February 2016
s 1, s 2 commenced 23 February 2016 (LA s 75 (1))
pt 6 commenced 24 February 2016 (s 2)Red Tape Reduction Legislation Amendment Act 2016 A2016‑18 sch 3 pt 3.31
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
sch 3 pt 3.31 commenced 27 April 2016 (s 2)Planning, Building and Environment Legislation Amendment Act 2016 (No 2) A2016‑24 pt 8
notified LR 11 May 2016
s 1, s 2 commenced 11 May 2016 (LA s 75 (1))
pt 8 commenced 12 May 2016 (s 2 (1))Nature Conservation Amendment Act 2016 A2016‑29
notified LR 16 June 2016
s 1, s 2 commenced 16 June 2016 (LA s 75 (1))
remainder commenced 17 June 2016 (s 2)Emergencies Amendment Act 2016 A2016‑33 sch 1 pt 1.15
notified LR 20 June 2016
s 1, s 2 commenced 20 June 2016 (LA s 75 (1))
sch 1 pt 1.15 commenced 21 June 2016 (s 2)Planning, Building and Environment Legislation Amendment Act 2017 A2017‑3 pt 4
notified LR 22 February 2017
s 1, s 2 commenced 22 February 2017 (LA s 75 (1))
pt 4 commenced 23 February 2017 (s 2)Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.19
notified LR 23 February 2017
s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
sch 3 pt 3.19 commenced 9 March 2017 (s 2)Planning, Building and Environment Legislation Amendment Act 2017 (No 2) A2017-20 pt 8
notified LR 15 June 2017
s 1, s 2 commenced 15 June 2017 (LA s 75 (1))
pt 8 commenced 16 June 2017 (s 2)Nature Conservation (Minor Public Works) Amendment Act 2017 A2017‑39
notified LR 13 November 2017
s 1, s 2 commenced 13 November 2017 (LA s 75 (1))
remainder commenced 14 November 2017 (s 2)Planning, Building and Environment Legislation Amendment Act 2018 A2018-18 pt 4
notified LR 16 May 2018
s 1, s 2 commenced 16 May 2018 (LA s 75 (1))
pt 4 commenced 17 May 2018 (s 2)Veterinary Practice Act 2018 A2018-32 sch 3 pt 3.13
notified LR 30 August 2018
s 1, s 2 commenced 30 August 2018 (LA s 75 (1))sch 3 pt 3.13 commenced 21 December 2018 (s 2 and CN2018-12)
Red Tape Reduction Legislation Amendment Act 2018 A2018-33 pt 9, sch 1 pt 1.26
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
pt 9 commenced 2 October 2018 (s 2 (1))
sch 1 pt 1.26 commenced 23 October 2018 (s 2 (4))Statute Law Amendment Act 2018 A2018-42 sch 3 pt 3.25
notified LR 8 November 2018
s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))
sch 3 pt 3.25 commenced 22 November 2018 (s 2 (1))Planning and Environment Legislation Amendment Act 2019
A2019-20 pt 5
notified LR 8 August 2019
s 1, s 2 commenced 8 August 2019 (LA s 75 (1))
pt 5 commenced 9 August 2019 (s 2)Fisheries Legislation Amendment Act 2019 A2019-27 pt 4
notified LR 2 October 2019
s 1, s 2 commenced 2 October 2019 (LA s 75 (1))
pt 4 commenced 18 November 2019 (s 2 and CN2019-17)Animal Welfare Legislation Amendment Act 2019 A2019-35 pt 10
notified LR 10 October 2019
s 1, s 2 commenced 10 October 2019 (LA s 75 (1))
pt 10 commenced 10 April 2020 (s 2 (2))Planning and Environment Legislation Amendment Act 2020 A2020‑22 pt 7
notified LR 10 June 2022
s 1, s 2 commenced 10 June 2020 (LA s 75 (1))
pt 7 commenced 11 June 2020 (s 2)Emergencies Amendment Act 2020 A2020‑47 sch 1 pt 1.5
notified LR 3 September 2020
s 1, s 2 commenced 3 September 2020 (LA s 75 (1))sch 1 pt 1.5 commenced 4 September 2020 (s 2)
Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.39
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.39 commenced 23 June 2021 (s 2 (1))Legislation (Legislative Assembly Committees) Amendment Act 2022 A2022-4 sch 1 pt 1.16
notified LR 30 March 2022
s 1, s 2 commenced 30 March 2022 (LA s 75 (1))
sch 1 pt 1.16 commenced 6 April 2022 (s 2)Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.31
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.31 commenced 24 August 2022 (s 2)Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.47
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.47 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)Urban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1 pt 1.4
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
sch 1 pt 1.4 commenced 1 January 2024 (s 2 and see Urban Forest Act 2023 A2023-14, s 2)Nature Conservation Amendment Act 2023 A2023-56
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
remainder commenced 29 March 2024 (s 2 and CN2024-2)Biosecurity Legislation Amendment Act 2024 A2024-11 sch 2 pt 2.9
notified LR 19 April 2024
s 1, s 2 commenced 19 April 2024 (LA s 75 (1))sch 2 pt 2.9 commenced 15 May 2025 (s 2 and see Biosecurity Act 2023 A2023-50, s 2 (2))
Planning and Environment Legislation Amendment Act 2024 A2024‑21 pt 5, sch 1 pt 1.2
notified LR 24 May 2024
s 1, s 2 commenced 24 May 2024 (LA s 75 (1))
pt 5, sch 1 pt 1.2 commenced 31 May 2024 (s 2 (1))Nature Conservation Amendment Act 2024 A2024‑38
notified LR 12 September 2024
s 1, s 2 commenced 12 September 2024 (LA s 75 (1))
remainder commenced 13 September 2024 (s 2)Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.131
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 4 pt 4.131 awaiting commencementEnvironment Legislation Amendment Act 2025 A2025-28 pt 10
notified LR 12 November 2025
s 1, s 2 commenced 12 November 2025 (LA s 75 (1))
pt 10 commenced 26 November 2025 (s 2)
Amendment history
Commencement
s 2om LA s 89 (4)
Objects of Act
s 6am A2016-2 s 8, s 9
Application of Act to Emergencies Act 2004
s 7am A2016‑33 amdt 1.37, amdt 1.38; A2020-47 amdts 1.12‑1.14; pars renum R24 LA
What is a native animal?
s 12am A2024‑11 amdt 2.23
What is a native plant?
s 14am A2024‑11 amdt 2.24
What is a species?
s 15am A2016‑29 s 4; pars renum R7 LA
What is a native species?
s 16am A2016‑29 s 5
Conservator—functions
s 21am A2016‑24 s 47, s 48
ACT parks and conservation service—establishment
s 27am A2023-36 amdt 1.249
Scientific committee—appointment of members
s 36am A2022-4 amdt 1.52
Draft nature conservation strategy—public consultation
s 51am A2017‑3 s 6
Nature conservation strategy—review
s 60am A2022-14 amdt 3.187
What is a threatened native species?
s 61am A2016‑29 s 56
Threatened native species list—categories
s 63sub A2016‑29 s 6
Threatened native species list—eligibility for national categories
s 64sub A2016‑29 s 6
Threatened native species list—eligibility for regional categories
s 64Ains A2016‑29 s 6
am A2018‑42 amdt 3.81
Threatened native species list—eligibility criteria
s 65am A2016‑29 s 56
Threatened native species list—criteria to review
s 66am A2016‑29 s 56
Threatened ecological communities list—categories
s 69am A2016‑29 s 7; pars renum R7 LA
Threatened ecological communities list—eligibility for categories
s 70am A2016‑29 s 8; ss renum R7 LA
Threatened ecological communities list criteria—review
s 72am A2016‑29 s 56
Definitions—pt 4.3
s 72Ains A2016-2 s 10
om A2018‑33 s 89
def listing advice ins A2016-2 s 10
om A2016‑29 s 89
def listing assessment ins A2016-2 s 10
om A2018‑33 s 89
def public consultation notice ins A2016-2 s 10
om A2018‑33 s 89
What is a key threatening processes list?
s 75am A2016-2 s 11; A2018‑33 s 90
Key threatening processes list
s 76orig s 76
om A2016-2 s 12
pres s 76
ins A2016-2 s 13
reloc and renum as s 76 A2018‑33 s 91
Key threatening processes list
s 79Areloc and renum as s 76
Public may nominate items for list
s 79Bins A2016-2 s 13
om A2018‑33 s 92
Scientific committee may reject nomination from public
s 79Cins A2016-2 s 13
om A2018‑33 s 92
Scientific committee may nominate items for list
s 79Dins A2016-2 s 13
om A2018‑33 s 92
Public consultation
s 79Eins A2016-2 s 13
om A2018‑33 s 92
Listing assessment
s 79Fins A2016-2 s 13
om A2018‑33 s 92
Listing advice
s 79Gins A2016-2 s 13
om A2016‑29 s 10
Minister to decide whether to include item in list
s 79Hins A2016-2 s 13
am A2016‑29 s 11, s 12
om A2018‑33 s 92
Definitions—pt 4.4
div 4.4.1 hdg ins A2016‑29 s 13
Definitions—pt 4.4
s 80ins A2016-2 s 14
def assessed at a national scale ins A2016‑29 s 14
def common assessment method ins A2016‑29 s 14
def listing advice ins A2016-2 s 14
om A2016‑29 s 15
def listing assessment ins A2016-2 s 14
def nationally threatened ins A2016‑29 s 16
def participating State ins A2016‑29 s 16
def public consultation notice ins A2016-2 s 14
Including, transferring and omitting items in list—general
div 4.4.2 hdg ins A2016‑29 s 17
Nominations—public may nominate item at any time
s 81am A2021-12 amdt 3.92
Nominations—scientific committee may reject nomination
s 82am A2016‑29 s 18
Nominations—public consultation
s 84am A2016‑29 s 19
Nominations—scientific committee to carry out listing assessment
s 85am A2016‑29 s 20; A2018‑33 s 93
Scientific committee to prepare listing advice
s 86om A2016‑29 s 21
Minister to decide whether to include, transfer or omit item
s 87am A2016‑29 ss 22-24; A2018‑33 s 94, s 95
Minister’s decision—include item
s 88am A2016‑29 s 25, s 26; A2018‑33 s 96
Minister’s decision—transfer item
s 89am A2016‑29 s 27, s 28; A2018‑33 s 96
Minister’s decision—omit item
s 90am A2016‑29 s 29, s 30; A2018‑33 s 96
Including or transferring certain nationally threatened items
div 4.4.3 hdg ins A2016‑29 s 31
Minister may include or transfer nationally threatened items without nomination
s 90Ains A2016‑29 s 31
am A2018‑33 s 97
Conservation advice
div 4.4.4 hdg ins A2016‑29 s 31
Conservation advice guidelines
s 90Bins A2016‑29 s 31
Conservation advice
s 90Cins A2016‑29 s 31
sub A2018‑33 s 98
Conservation advice—scientific committee to prepare
s 90Dins A2016‑29 s 31
om A2018‑33 s 98
Conservation advice—adopting advice for nationally threatened item
s 90Eins A2016‑29 s 31
am A2018‑33 ss 99-101
Conservation advice—scientific committee to review
s 90Fins A2016‑29 s 31
am A2018‑33 s 102
Final version of list and notification
div 4.4.5 hdg ins A2016‑29 s 31
Final version of list and notification
s 91am A2016‑29 s 32, s 33
Scientific committee to prepare conservation advice
s 92om A2016‑29 s 34
Minor amendments of list
div 4.4.6 hdg ins A2016‑29 s 35
What is a minor amendment?—div 4.4.6
s 93sub A2016‑29 s 35
Minister may make minor amendments
s 94am A2017‑4 amdt 3.103; A2018‑33 s 103
Minor amendment—including similar species
s 95am A2016‑29 s 36; A2018‑33 s 104
Minor amendment—omitting similar species
s 96am A2016‑29 s 37; A2018‑33 s 105
Definitions—Act
s 98def relevant species sub A2016‑29 s 38
Minister to decide if action plan needed
s 100Ains A2016‑29 s 39
am A2017‑3 s 7
Draft action plan—conservator to prepare
s 101am A2016‑29 s 40
Action plan—monitoring and review
s 108am A2016‑29 s 42
Action plan—ending action plan after review
s 108Ains A2016‑29 s 43
Draft native species conservation plan—conservator to prepare
s 117am A2016‑29 s 44, s 56
Draft native species conservation plan—consultation with lessee and custodian
s 119sub A2018‑18 s 11
Definitions—div 6.1.2
s 127def prohibited fruit netting ins A2023‑56 s 4
Offence—take native animal
s 132am A2018‑32 amdt 3.53
Offence—keep non-exempt animal
s 133am A2018‑32 amdt 3.53
Offence—use prohibited fruit netting
s 138Ains A2023‑56 s 5
Offence—prohibited fruit netting retail display
s 138Bins A2023‑56 s 5
Definitions—div 6.1.3
s 139am A2023-52 amdt 1.20
def built-up urban area sub A2023-52 amdt 1.19
def damage sub A2023-52 amdt 1.19
Offence—take native plant—unleased land
s 140am A2020‑22 s 16; A2023-36 amdt 1.250; A2023-52 amdt 1.21
Offence—take and sell native plant—unleased land
s 141am A2020‑22 s 16
Offence—take native plant—protected native species
s 142am A2023-36 amdt 1.250
Offence—take native plant—special protection status
s 143am A2023-36 amdt 1.250
Offence—damage native tree—unleased land
s 144am A2023-36 amdt 1.250; A2023-52 amdt 1.22
Offence—damage native tree—leased land
s 145am A2023-36 amdt 1.250; A2023-52 amdt 1.23
Offence—damage or take fallen native timber
s 146am A2023-36 amdt 1.250
Chapter 6 exceptions
s 153am A2019-20 s 11; A2019-27 s 79; A2023-36 amdt 1.251; A2024‑38 s 4, s 5; A2025‑28 s 40; pars renum R34 LA
Declarations—exempt animals
s 155am A2024‑11 amdt 2.25, amdt 2.26
What is a controlled native species?—ch 7
s 157am A2016‑24 s 49
What is a draft controlled native species management plan?—ch 7
s 159am A2016-2 s 15
Draft controlled native species management plan—consultation with lessee and custodian
s 161sub A2016‑24 s 50
am A2018‑18 s 12, s 13; ss renum R14 LA
Cultural resource management plan
ch 7A hdgins A2019-27 s 80
Meaning of cultural resource management plan
s 168Ains A2019-27 s 80
Preparation of draft cultural resource management plan
s 168Bins A2019-27 s 80
Draft cultural resource management plan—revision and submission to Minister
s 168Cins A2019-27 s 80
Draft cultural resource management plan—Minister to approve, return or reject
s 168Dins A2019-27 s 80
Draft cultural resource management plan—Minister’s direction to revise etc
s 168Eins A2019-27 s 80
Cultural resource management plan—minor amendments
s 168Fins A2019-27 s 80
Cultural resource management plan—conservator to implement
s 168Gins A2019-27 s 80
Cultural resource management plan—reporting
s 168Hins A2019-27 s 80
Cultural resource management plan—review
s 168Iins A2019-27 s 80
What is a reserve?—Act
s 169am A2023-36 amdts 1.252-1.255
What is a wilderness area?—Act
s 170am A2023-36 amdt 1.256
Management of reserve assigned to IUCN category if no reserve management plan
s 174am A2023-36 amdt 1.257
Reserve management plans
pt 8.3 hdg note am A2023-36 amdt 1.258
Draft reserve management plan—custodian to prepare
s 177am A2023-36 amdt 1.259
Draft reserve management plan—planning reports and strategic environmental assessments
s 178om A2020‑22 s 17
Draft reserve management plan—revision and submission to Minister
s 180am A2023-36 amdt 1.259
Draft reserve management plan—referral to Legislative Assembly committee
s 181am A2022-4 amdt 1.53
Draft reserve management plan—committee to report
s 182am A2022-4 amdt 1.54
Ramsar wetland management plan—monitoring and review
s 203am A2017‑20 s 15
Application—certain biological resources
s 208am A2021-12 amdt 3.92
Offence—entry fee for reserve not paid
s 213sub A2024‑38 s 6
Offence—take or allow non-native animal into reserve
s 214am A2019-35 s 138, s 139; ss renum R22 LA
sub A2024‑38 s 6
Offence—feed animal in reserve
s 215sub A2024‑38 s 6
Offence—weapons and traps in reserve
s 217am A2020‑22 s 18, s 19; ss renum R23 LA
Offence—take plant or plant reproductive material into reserve
s 219am A2017‑20 s 16; A2024‑11 amdt 2.27
Chapter 9 exceptions
s 252am A2017‑39 s 4; A2019-20 s 12; A2019-27 s 81; A2023-36 amdts 1.260-1.262; A2024‑38 ss 7-9
Reserves—prohibited and restricted activities
ch 10 hdg note sub A2024‑38 s 10
Resource protection area—declaration
s 254am A2023-36 amdt 1.263
Conservator may make activities declarations
s 256am A2015‑33 amdt 1.153; A2024‑38 s 11
Conservator may close reserve
s 259am A2015‑33 amdt 1.154; A2016-2 s 16; A2019-27 s 82
Offence—enter closed reserve
s 260am A2016-2 s 17; A2024-21 s 20; A2024‑38 s 12
Part 10.2 exceptions
s 261am A2015‑33 amdt 3.2; pars renum R2 LA; A2019-20 s 13; A2019-27 s 83; A2023-36 amdt 1.264; A2024‑38 s 13, s 14
Who is an influential person for a corporation?—ch 11
s 262Ains A2019-20 s 14
Licence—application
s 264am A2021-12 amdt 3.92
What is suitability information about a person?—ch 11
s 266am A2024-21 amdt 1.3; A2024‑11 amdt 2.28; pars renum R33 LA
Licence—application to amend licence
s 287am A2021-12 amdt 3.92
Licence—application to transfer licence
s 289am A2021-12 amdt 3.92
Licence—application for renewal of licence
s 291am A2021-12 amdt 3.92
Licence—replacing when lost, stolen or destroyed
s 293am A2016‑18 amdt 3.151, amdt 3.152
Licence—surrender
s 294am A2016‑18 amdt 3.153, amdt 3.154; A2021-12 amdt 3.92
What are agencies and activities of agencies?—ch 12
s 308am A2023-36 amdt 1.265
What is a management agreement?—ch 12
s 310am A2023-36 amdt 1.266
Meaning of development—ch 13
s 315am A2023-36 amdt 1.267
Simplified outline
s 316sub A2023-36 amdt 1.268
Advice about adverse environmental impacts
s 317am A2023-36 amdt 1.269
Requirements for conservator’s advice
s 318am A2023-36 amdts 1.270-1.273
Minor public works in reserves
ch 13A hdgins A2017‑39 s 5
Minor public works code
s 318Ains A2017‑39 s 5
am A2023-36 amdt 1.274
Direction to leave reserve
s 325am A2020‑22 s 20; ss renum R23 LA; A2024‑38 s 15; ss renum R32 LA; A2025‑28 s 41
Direction to stop vehicle
s 327 hdgsub A2024‑38 s 16
s 327am A2024‑38 s 17, s 18
Conservator’s directions
s 331am A2016‑29 s 45; A2018‑18 s 14
Power to enter premises
s 338am A2019-27 s 84
Production of identity card
s 339am A2022-14 amdt 3.188
Consent to entry
s 340am A2022-14 amdt 3.188
Warrants—application made other than in person
s 346am A2018‑33 amdt 1.49, amdt 1.50
Search warrants—announcement before entry
s 347am A2022-14 amdt 3.189
Receipt for things seized
s 350am A2019-20 s 15
Approved forms
s 369om A2021-12 amdt 3.93
Repeals and consequential amendments
ch 17 hdgom LA s 89 (3)
Legislation repealed
s 372om LA s 89 (3)
Legislation amended—sch 2
s 373om LA s 89 (3)
Transitional
ch 20 hdgexp 11 June 2017 (s 415)
Meaning of commencement day—ch 20
s 400exp 11 June 2017 (s 415)
Nature conservation strategy
s 401exp 11 June 2017 (s 415)
Endangered species
s 402exp 11 June 2017 (s 415)
Vulnerable species
s 403exp 11 June 2017 (s 415)
Endangered ecological communities
s 404exp 11 June 2017 (s 415)
Notification of lists
s 404Ains as mod SL2015-26 s 5
exp 11 June 2017 (s 404A (3) and see SL2015-26 s 6)
Threatening processes to be key threatening processes
s 405om A2016-2 s 18
Action plans
s 406exp 11 June 2017 (s 415)
Protected fish, invertebrates, native plants and native animals to be protected species
s 407exp 11 June 2017 (s 415)
Exempt animals
s 408exp 11 June 2017 (s 415)
Plans of management for reserves to be reserve management plans
s 409exp 11 June 2017 (s 415)
Draft plans of management for reserves—public consultation stage
s 410exp 11 June 2017 (s 415)
Draft plans of management for reserves—submission to Minister stage
s 411exp 11 June 2017 (s 415)
Licences
s 412exp 11 June 2017 (s 415)
Management agreements
s 413exp 11 June 2017 (s 415)
Transitional regulations
s 414exp 11 June 2017 (s 415)
Expiry—ch 20
s 415exp 11 June 2017 (s 415)
Transitional—Nature Conservation Amendment Act 2016
ch 21 hdgins A2016‑29 s 46
exp 17 June 2018 (s 424)
Meaning of commencement day—ch 21
s 420ins A2016‑29 s 46
exp 17 June 2018 (s 424)
Threatened native species list
s 421ins A2016‑29 s 46
exp 17 June 2018 (s 424)
Conservation advice not needed for species already on list
s 422ins A2016‑29 s 46
exp 17 June 2018 (s 424)
Transitional regulations
s 423ins A2016‑29 s 46
exp 17 June 2018 (s 424)
Expiry—ch 21
s 424ins A2016‑29 s 46
exp 17 June 2018 (s 424)
Consequential amendments
sch 2om LA s 89 (3)
Dictionary
dictam A2015‑33 amdt 1.155; A2016‑29 s 47; A2023-36 amdt 1.275
def assessed at a national scale ins A2016‑29 s 48
def coastal sea ins A2016‑29 s 48
def common assessment method ins A2016‑29 s 48
def conservation advice sub A2016‑29 s 49
def conservation dependent species am A2016‑29 s 56
def continental shelf ins A2016‑29 s 50
def critically endangered ecological community am A2016‑29 s 56
def critically endangered species am A2016‑29 s 56
def cultural resource management plan ins A2019-27 s 85
def custodian sub A2023-36 amdt 1.276
def declared pest ins A2024‑11 amdt 2.29
def endangered ecological community am A2016‑29 s 56
def endangered species am A2016‑29 s 56
def exclusive economic zone ins A2016‑29 s 50
def extinct in the wild species om A2016‑29 s 51
def extinct species om A2016‑29 s 51
def fisheries management plan ins A2019-27 s 85
def influential person ins A2019-20 s 16
def lease sub A2023-36 amdt 1.276
def listing advice sub A2016-2 s 19
om A2016‑29 s 51
def listing assessment sub A2016-2 s 19; A2018‑33 s 106
def minor amendment sub A2016‑29 s 52
def national category ins A2016‑29 s 53
def nationally threatened ins A2016‑29 s 53
def participating State ins A2016‑29 s 53
def pest animal om A2024‑11 amdt 2.30
def pest plant om A2024‑11 amdt 2.30
def planning and development management objectives sub A2023-36 amdt 1.276
def provisionally listed threatened ecological community om A2016‑29 s 54
def provisionally listed threatened species om A2016‑29 s 54
def public consultation notice sub A2016-2 s 19; A2018‑33 s 107
def public land sub A2023-36 amdt 1.276
def regional category ins A2016‑29 s 55
def regionally conservation dependent species ins A2016‑29 s 55
def regionally threatened species ins A2016‑29 s 55
def relevant Assembly committee ins A2022-4 amdt 1.55
def seabed ins A2016‑29 s 55
def vulnerable ecological community am A2016‑29 s 56
def vulnerable species am A2016‑29 s 56
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 and date Effective Last amendment made by Republication for R1
11 June 201511 June 2015–
9 July 2015not amended new Act R2
10 July 201510 July 2015–
13 Oct 2015not amended modifications by SL2015-26 R3
14 Oct 201514 Oct 2015–
23 Feb 2016A2015‑33 amendments by A2015‑33 R4
24 Feb 201624 Feb 2016–
26 Apr 2016A2016-2 amendments by A2016-2 R5
27 Apr 201627 Apr 2016–
11 May 2016A2016‑18 amendments by A2016‑18 R6
12 May 201612 May 2016–
16 June 2016A2016-24 amendments by A2016-24 R7
17 June 201617 June 2016–
20 June 2016A2016-29 amendments by A2016-29 R8
21 June 201621 June 2016–
22 Feb 2017A2016-33 amendments by A2016-33 R9
23 Feb 201723 Feb 2017–
8 Mar 2017A2017-3 amendments by A2017-3 R10
9 Mar 20179 Mar 2017–
11 June 2017A2017‑4 amendments by A2017‑4 R11
12 June 201712 June 2017–
15 June 2017A2017‑4 expiry of modifications and transitional provisions (ch 20) R12
16 June 201716 June 2017–
13 Nov 2017A2017‑20 amendments by A2017‑20 R13
14 Nov 201714 Nov 2017–
16 May 2018A2017‑39 amendments by A2017‑39 R14
17 May 201817 May 2018–
17 June 2018A2018-18 amendments by A2018-18 R15
18 June 201818 June 2018–
1 Oct 2018A2018‑18 expiry of transitional provisions (ch 21) R16
2 Oct 20182 Oct 2018–
22 Oct 2018A2018-33 amendments by A2018-33 R17
23 Oct 201823 Oct 2018–
21 Nov 2018A2018‑33 amendments by A2018‑33 R18
22 Nov 201822 Nov 2018–
20 Dec 2018A2018‑42 amendments by A2018‑42 R19
21 Dec 201821 Dec 2018–
8 Aug 2019A2018‑42 amendments by A2018-32 R20
9 Aug 20199 Aug 2019–
17 Nov 2019A2019‑20 amendments by A2019‑20 R21
18 Nov 201918 Nov 2019–
9 Apr 2020A2019-27 amendments by A2019-27 R22
10 Apr 202010 Apr 2020–
10 June 2020A2019‑35 amendments by A2019‑35 R23
11 June 202011 June 2020–
3 Sept 2020A2020-22 amendments by A2020-22 R24
4 Sept 20204 Sept 2020–
22 June 2021A2020‑47 amendments by A2020‑47 R25
23 June 202123 June 2021–
5 Apr 2022A2021‑12 amendments by A2021‑12 R26
6 Apr 20226 Apr 2022–
23 Aug 2022A2022‑4 amendments by A2022‑4 R27
24 Aug 202224 Aug 2022–
26 Nov 2023A2022‑14 amendments by A2022‑14 R28
27 Nov 202327 Nov 2023–
31 Dec 2023A2023‑36 amendments by A2023‑36 R29
1 Jan 20241 Jan 2024–
28 Mar 2024A2023‑52 amendments by A2023‑52 R30
29 Mar 202429 Mar 2024–
30 May 2024A2023‑56 amendments by A2023‑56 R31
31 May 202431 May 2024–
12 Sept 2024A2024‑21 amendments by A2024‑21 R32
13 Sept 202413 Sept 2024–
14 May 2025A2024‑38 amendments by A2024‑38 R33
15 May 202515 May 2025–
25 Nov 2025A2024‑38 amendments by A2024‑11
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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