Nature Conservation Regulation 2015 (ACT)

Nature Conservation Regulation 2015   

SL2015-23

made under the

Nature Conservation Act 2014

Republication No 4

Effective:  27 November 2023

Republication date: 27 November 2023

Last amendment made by A2023‑36

About this republication

The republished law

This is a republication of the Nature Conservation Regulation 2015, made under the Nature Conservation Act 2014 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 November 2023.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 27 November 2023.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Nature Conservation Regulation 2015

made under the

Nature Conservation Act 2014

Contents

Page

Part 1      Preliminary

1            Name of regulation  2

3            Dictionary  2

4            Notes  2

Part 2      Reserves—management planning

5            What is a reserve?—Act, s 169 (1), def reserve, par (b) (ii)                   3

Part 3      Nature conservation licences

6            Suitability information about a person—Act, s 266, def suitability information, par (e)    4

7           Unsuitable activities for a licence—Act, s 268 (1), def suitable activity, par (b)  4

8            Suitability information about an activity—Act, s 269, def suitability information, par (e)   5

9            Conditions—clearing native vegetation in a reserve—Act, s 274 (a)        6

10          Conditions—damaging land in a reserve—Act, s 274 (a)  6

11          Conditions—keeping an animal for public display—Act, s 274 (a)           6

12          Records—licence to keep animals—Act, s 306 (1) (c) and (2) (c)           7

13          Records—licence to keep live fish—Act, s 306 (1) (c) and (2) (c)           8

14          Records—licence to sell or export native plant—Act, s 306 (1) (c) and (2) (c)   8

15          Records—licence to sell or export protected invertebrate—Act, s 306 (1) (c) and (2) (c)         9

Schedule 1 Reserves  10

Part 1.1    Special purpose reserves  10

Part 1.2    Special purpose reserve maps  12

Division 1.2.1              Birrigai  12

Division 1.2.2              Blue Ridge Special Purpose Reserve  13

Division 1.2.3              Bullen Range North Special Purpose Reserve               14

Division 1.2.4              Bullen Range South Special Purpose Reserve               15

Division 1.2.5              Bullen Range Special Purpose Reserve  16

Division 1.2.6              Cotter Reserve  17

Division 1.2.7              Gibraltar Special Purpose Reserve  18

Division 1.2.8              Kambah Pool Recreation Area  19

Division 1.2.9              Molonglo River Reserve  20

Division 1.2.10            Namadgi Special Purpose Reserve  21

Division 1.2.11            Pine Island and Point Hut to Tharwa Bridge                  22

Division 1.2.12            Sherwood Forest Special Purpose Reserve                  23

Division 1.2.13            Stony Creek Special Purpose Reserve  24

Division 1.2.14            Tidbinbilla Special Purpose Reserve and Jedbinbilla      25

Division 1.2.15            Uriarra Crossing Recreation Area  26

Division 1.2.16            Woodstock West Special Purpose Reserve                   27

Dictionary28

Endnotes

1            About the endnotes  29

2            Abbreviation key  29

3            Legislation history  30

4            Amendment history  31

5            Earlier republications  32

Nature Conservation Regulation 2015

made under the

Nature Conservation Act 2014

Part 1Preliminary

1. Name of regulation

   This regulation is the Nature Conservation Regulation 2015.

2. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

3. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2Reserves—management planning

1. What is a reserve?—Act, s 169 (1), def reserve, par (b) (ii)

   (1)The special purpose reserves mentioned in schedule 1, part 1.1 and outlined in bold in schedule 1, part 1.2 are prescribed.

   (2)In this section:

   special purpose reserve means an area of public land reserved in the territory plan as a special purpose reserve under the Planning Act 2023, section 385 (d).

Part 3Nature conservation licences

1. Suitability information about a person—Act, s 266, def suitability information, par (e)

   The following matters are prescribed:

   (a)the person’s qualifications, training, knowledge and experience in carrying out the activity for the licence;

   (b)if the activity for the licence involves a native species that has special protection status, or is a protected native species, and the purpose of the activity is—

   (i)scientific research, education, or propagation of the species—the person’s association with relevant scientific research organisations; or

   (ii)practice of Aboriginal tradition—the person’s membership of the Aboriginal community in the ACT or surrounding region.

2. Unsuitable activities for a licence—Act, s 268 (1), def suitable activity, par (b)

   An activity that would constitute an offence under 1 or more of the following provisions of the Act is prescribed:

   (a)section 144 (Offence—damage native tree—unleased land) if the tree is in a wilderness area;

   (b)section 146 (Offence—damage or take fallen native timber) if the timber is in a wilderness area;

   (c)section 149 (Offence—sell native plant without plant tag—protected or special protection status);

   (d)section 152 (Offence—export plant without plant tag—protected or special protection status);

   (e)section 223 (Offence—make road in wilderness area);

   (f)section 224 (Offence—use motor vehicle off road in wilderness area);

   (g)section 225 (Offence—excavate in wilderness area without licence) if the excavation is for a purpose other than archaeological investigation;

   (h)section 364 (Offences—use or divulge protected information).

3. Suitability information about an activity—Act, s 269, def suitability information, par (e)

   The following matters are prescribed:

   (a)if the activity involves killing a native animal—

   (i)how the animal is to be killed; and

   (ii)how the carcass is to be disposed of;

   (b)if the activity involves taking a native animal—how the animal is to be taken;

   (c)if the activity involves keeping a native animal—the facilities and care procedures at the place where the animal is to be kept;

   NoteThe conservator may inspect the place under the Act, s 272.

   (d)if the activity involves selling a native animal—whether the animal was raised in captivity;

   (e)if the activity involves importing or exporting an animal—how the animal is to be transported;

   (f)if the activity involves releasing an animal from captivity—

   (i)any genetic characteristics of the animal that indicate whether the animal was bred in captivity; and

   (ii)whether the animal is free from disease;

   (g)if the activity involves excavating in a wilderness area for archaeological investigation—

   (i)the objectives of the investigation; and

   (ii)the expected contribution of the investigation to the understanding of Aboriginal prehistory or Australian history in general;

   (h)if the purpose of the activity is scientific research—details of the scientific research.

4. Conditions—clearing native vegetation in a reserve—Act, s 274 (a)

   A licence authorising the clearing of native vegetation in a reserve is subject to the condition that the licensee must tell the conservator before starting to clear the native vegetation.

5. Conditions—damaging land in a reserve—Act, s 274 (a)

   A licence authorising the damaging of land in a reserve is subject to the condition that the licensee must tell the conservator before starting to damage the land.

6. Conditions—keeping an animal for public display—Act, s 274 (a)

   A licence authorising the keeping of an animal for public display is subject to the condition that the licensee must comply with a risk management plan approved by the conservator for the licence.

7. Records—licence to keep animals—Act, s 306 (1) (c) and (2) (c)

   (1)This section applies to a licence to keep an animal that is not a live fish.

   (2)The licensee must keep a record of—

   (a)the total number of animals kept under the licence; and

   (b)the species and sex of each animal kept under the licence.

   (3)In addition, the licensee must also keep a record of—

   (a)if an animal is acquired from another person—

   (i)the name and address of the other person; and

   (ii)the date of receipt of the acquired animal; and

   (iii)the species and sex of the acquired animal; and

   (b)for an animal that dies or escapes from captivity—

   (i)the date of death or escape; and

   (ii)the species and sex of the deceased or escaped animal; and

   (c)for an animal that is transferred, whether because of a sale or otherwise, to another person—

   (i)the name and address of the person receiving the animal; and

   (ii)the date of transfer; and

   (iii)the species and sex of the transferred animal.

   (4)However, a person need not keep a record of the sex of an animal if it is not possible to ascertain without handling the animal.

8. Records—licence to keep live fish—Act, s 306 (1) (c) and (2) (c)

   (1)A licensee who is authorised under the licence to keep live fish must keep a record of the species of each fish kept under the licence.

   (2)In addition, the licensee must also keep a record of—

   (a)for live fish acquired from another person—

   (i)the name and address of the other person; and

   (ii)the date of receipt of the acquired fish; and

   (iii)the species of the acquired fish; and

   (b)for live fish transferred, whether because of a sale or otherwise, to another person—

   (i)the name and address of the person receiving the fish; and

   (ii)the date of transfer; and

   (iii)the species of the transferred fish; and

   (c)for live fish exported from the ACT by the licensee—

   (i)the name and address of the person receiving the fish; and

   (ii)the date of export; and

   (iii)the species of the exported fish.

9. Records—licence to sell or export native plant—Act, s 306 (1) (c) and (2) (c)

   (1)This section applies to a licensee who is authorised under the licence to—

   (a)sell a native plant; or

   NoteSell includes offer for sale (see Act, s 126).

   (b)export a native plant from the ACT.

   (2)The licensee must keep a record of the following details for each plant sold, or exported, under the licence:

   (a)the name and address of the person receiving the plant;

   (b)the date when the plant was sold or exported;

   (c)the species of the plant sold or exported.

   (3)The licensee must also keep a record of the total number of plants sold, or exported, under the licence.

10. Records—licence to sell or export protected invertebrate—Act, s 306 (1) (c) and (2) (c)

    (1)This section applies to a licensee who is authorised under the licence to—

    (a)sell an invertebrate that—

    (i)has special protection status; or

    (ii)is a protected native species; or

    NoteSell includes offer for sale (see Act, s 126).

    (b)export from the ACT an invertebrate that—

    (i)has special protection status; or

    (ii)is a protected native species.

    (2)The licensee must keep a record of the following details for each invertebrate sold, or exported, under the licence:

    (a)the name and address of the person receiving the invertebrate;

    (b)the date when the invertebrate was sold or exported;

    (c)the species of invertebrate sold or exported.

    (3)The licensee must also keep a record of the total number of invertebrates sold, or exported, under the licence.

Schedule 1Reserves

(see s 5)

Part 1.1Special purpose reserves

column 1 item	column 2 map and location	column 3 district
1	map 1—Birrigai	Paddys River
2	map 2—Blue Ridge Special Purpose Reserve	Coree
3	map 3—Bullen Range North Special Purpose Reserve	Stromlo
4	map 4—Bullen Range South Special Purpose Reserve	Tuggeranong
5	map 5—Bullen Range Special Purpose Reserve	Stromlo
6	map 6—Cotter Reserve	·    Coree ·    Paddys River ·    Stromlo
7	map 7—Gibraltar Special Purpose Reserve	Paddys River
8	map 8—Kambah Pool Recreation Area	Paddys River
9	map 9—Molonglo River Reserve	Molonglo Valley
10	map 10—Namadgi Special Purpose Reserve	Tennent
11	map 11—Pine Island and Point Hut to Tharwa Bridge	Tuggeranong
12	map 12—Sherwood Forest Special Purpose Reserve	Coree
13	map 13— Stony Creek Special Purpose Reserve	Stromlo
14	map 14—Tidbinbilla Special Purpose Reserve and Jedbinbilla	Paddys River
15	map 15—Uriarra Crossing Recreation Area	·    Coree ·    Stromlo
16	map 16—Woodstock West Special Purpose Reserve	·    Stromlo

Part 1.2Special purpose reserve maps

Division 1.2.1           Birrigai

Division 1.2.2           Blue Ridge Special Purpose Reserve

Division 1.2.3           Bullen Range North Special Purpose Reserve

Division 1.2.4           Bullen Range South Special Purpose Reserve

Division 1.2.5           Bullen Range Special Purpose Reserve

Division 1.2.6           Cotter Reserve

Division 1.2.7           Gibraltar Special Purpose Reserve

Division 1.2.8           Kambah Pool Recreation Area

Division 1.2.9           Molonglo River Reserve

Division 1.2.10        Namadgi Special Purpose Reserve

Division 1.2.11        Pine Island and Point Hut to Tharwa Bridge

Division 1.2.12        Sherwood Forest Special Purpose Reserve

Division 1.2.13        Stony Creek Special Purpose Reserve

Division 1.2.14        Tidbinbilla Special Purpose Reserve and Jedbinbilla

Division 1.2.15        Uriarra Crossing Recreation Area

Division 1.2.16        Woodstock West Special Purpose Reserve

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     may (see s 146)

·     must (see s 146).

Note 3Terms used in this regulation have the same meaning that they have in the Nature Conservation Act 2014 (see Legislation Act, s 148). For example, the following terms are defined in the Nature Conservation Act 2014, dict:

·     animal (see s 11)

·     clearing

·     conservator (see s 20)

·     damage

·     export

·     keep

·     licence

·     native animal (see s 12)

·     native plant (see s 14)

·     native species (see s 16)

·     native timber

·     native vegetation

·     plant (see s 13)

·     plant reproductive material

·     protected native species (see s 110)

·     reserve (see s 169)

·     sell

·     special protection status

·     take

·     wilderness area (see s 170).

Endnotes

1. 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.

2. 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

1. Legislation history

   Nature Conservation Regulation 2015 SL2015-23

   notified LR 2 July 2015
   s 1, s 2 commenced 2 July 2015 (LA s 75 (1))
   remainder commenced 3 July 2015 (s 2)

   as amended by

   Planning, Building and Environment Legislation Amendment Act 2017 A2017-3 pt 5

   notified LR 22 February 2017
   s 1, s 2 commenced 22 February 2017 (LA s 75 (1))
   pt 5 commenced 23 February 2017 (s 2)

   Nature Conservation Amendment Regulation 2021 (No 1) SL2021-8

   notified LR 13 May 2021
   s 1, s 2 commenced 13 May 2021 (LA s 75 (1))
   remainder commenced 14 May 2021 (s 2)

   Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.48

   notified LR 29 September 2023
   s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
   sch 1 pt 1.48 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   What is a reserve?—Act, s 169 (1), def reserve, par (b) (ii)

   s 5am A2023-36 amdt 1.277

   Special purpose reserves

   sch 1 pt 1.1am A2017-3 s 8

   Molonglo River Reserve

   sch 1 div 1.2.9       sub SL2021‑8 s 4

   Woodstock West Special Purpose Reserve

   sch 1 div 1.2.16     sub A2017-3 s 9

1. 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 3 July 2015	3 July 2015– 22 Feb 2017	not amended	new regulation
R2 23 Feb 2017	23 Feb 2017– 13 May 2021	A2017‑3	amendments by A2017‑3
R3 14 May 2021	14 May 2021– 26 Nov 2023	SL2021‑8	amendments by SL2021‑8