{"id":"F2007B00567","name":"Environment Protection and Management Ordinance 1987 (HIMI)","slug":"environment-protection-and-management-ordinance-1987-himi","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":62354,"registerId":"commonwealth-F2007B00567-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Ordinance may be cited as the Environment Protection and Management Ordinance 1987.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Purpose of Ordinance","content":"#### 3 Purpose of Ordinance\n\n  The purpose of this Ordinance is to preserve and manage the Territory so as to protect the environment and the indigenous wildlife of the Territory.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n  In this Ordinance, unless the contrary intention appears:\n\n> aircraft means a machine or apparatus that can derive support in the atmosphere from the reaction of the air or from buoyancy, but does not include a hovercraft.\n\n> animal means any member, alive or dead, of the animal kingdom (other than man) and includes:\n\n    (a) an embryo, an egg or a sperm of an animal; and\n    (b) the skin, feathers, horns, shell or any other part of an animal.\n\n> environment includes:\n\n    (a) ecosystems and their constituent parts; and\n    (b) natural and physical resources; and\n    (c) the qualities and characteristics of locations, places and areas; and\n    (d) heritage value of places and things; and\n    (e) the social, economic and cultural aspects of a thing mentioned in paragraph (a), (b), (c) or (d).\n\n> inspector means a person appointed under subsection 20(1) or mentioned in subsection 20(5).\n\n> organism means:\n\n    (a) any plant or animal; or\n    (b) any virus, bacterium or yeast, alive or dead.\n\n> permit means a permit granted under section 15.\n\n> plant means any member, alive or dead, of the plant kingdom or the fungus kingdom and includes:\n\n    (a) a seed, spore or cutting; and\n    (b) any other part of a plant.\n\n> take includes:\n\n    (a) in relation to an animal—catch, capture or trap; and\n    (b) in relation to a plant—pick, gather or cut.\n\n> vehicle includes a hovercraft.\n\n> vessel means a vessel or boat of any description and includes any floating structure, but does not include a hovercraft.","sortOrder":2},{"sectionNumber":"5A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 5A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to offences against this Ordinance.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Ordinance to bind the Crown","content":"#### 6 Ordinance to bind the Crown\n\n  (1) This Ordinance binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.\n  (2) Nothing in this Ordinance renders the Commonwealth or a State or Territory liable to be prosecuted for an offence.\n  (3) Subsection (2) does not affect any liability of any servant or agent of the Commonwealth or of a State or Territory to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"12","sectionType":"section","heading":"Access to the Territory","content":"#### 12 Access to the Territory\n\n  (1) Subject to subsection (2), a person who enters the Territory is guilty of an offence punishable, on conviction, by a fine not exceeding:\n    (a) in the case of a natural person—100 penalty units or imprisonment for 5 years of both; or\n    (b) in the case of a body corporate—500 penalty units.\n  (2) A person may enter the Territory:\n    (a) in accordance with a permit; or\n    (b) during the course of an emergency, involving possible loss of human life or injury to persons, or risk to the safety of an aircraft, a vehicle or a vessel; or\n    (c) in the performance of the duties of that person as an inspector.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).","sortOrder":5},{"sectionNumber":"13","sectionType":"section","heading":"Introduction of diseased organism or live poultry","content":"#### 13 Introduction of diseased organism or live poultry\n\n  A person who brings into the Territory:\n    (a) any diseased organism; or\n    (b) live poultry;\n  is guilty of an offence punishable, on conviction, by a fine not exceeding:\n    (c) in the case of a natural person—100 penalty units or imprisonment for 5 years or both; or\n    (d) in the case of a body corporate—500 penalty units.","sortOrder":6},{"sectionNumber":"14","sectionType":"section","heading":"Activities for which a permit is required","content":"#### 14 Activities for which a permit is required\n\n  (1) Subject to subsection (2), a person must not:\n    (a) bring any organism into the Territory; or\n    (b) bring any dead poultry or poultry products into the Territory; or\n    (c) take any organism in the Territory; or\n    (d) engage in conduct that results in death or injury to, or interference with, any organism in the Territory; or\n    (e) remove from the Territory any organism indigenous to the Territory; or\n    (f) land an aircraft, drive a vehicle or sail a vessel in the Territory; or\n    (g) leave any equipment, material or refuse in the Territory; or\n    (h) remove any soil or other geological matter from the Territory; or\n    (i) introduce any soil or other geological matter to the Territory; or\n    (j) engage in conduct that results in interference to any soil or other geological matter in the Territory; or\n    (k) collect any material in the Territory; or\n    (l) engage in conduct that results in a living organism that has been introduced into the Territory escaping in the Territory; or\n    (m) engage in conduct that results in interference to any buildings, historical relics, equipment, supplies or survey markers in the Territory; or\n    (n) engage in conduct that results in interference to the conduct of a scientific experiment that is the subject of a permit in the Territory.\n\nPenalty:\n\n    (a) in the case of an individual—100 penalty units or imprisonment for 5 years, or both; or\n    (b) in the case of a body corporate—500 penalty units.\n  (2) A person does not commit an offence under subsection (1) if the activity in question:\n    (a) was done to avoid possible loss of human life or injury to persons, or risk to the safety of an aircraft, a vehicle or a vessel; or\n    (b) was done in accordance with a permit granted under this Ordinance, the Endangered Species Ordinance 1980 or the Migratory Birds Ordinance 1980.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (2) (see section 13.3 of the Criminal Code).","sortOrder":7},{"sectionNumber":"15A","sectionType":"section","heading":"Applications for permits","content":"#### 15A Applications for permits\n\n  (1) A person may apply to the Minister for a permit to:\n    (a) enter a specified part of the Territory; and\n    (b) carry out a specified activity that would otherwise be prohibited by subsection 14(1).\n  (2) The application for the permit must be in a form approved by the Minister for the purposes of this subsection.\n  (3) An application by a body corporate, or by a person on behalf of an expedition or an association, must specify:\n    (a) in the case of an expedition—the name of every person who is a member of the expedition; and\n    (b) in the case of a body corporate or an association—the name of every person authorised by the body corporate or association to act on its behalf in the Territory.","sortOrder":8},{"sectionNumber":"15","sectionType":"section","heading":"Granting of permits","content":"#### 15 Granting of permits\n\n  (1) Subject to subsection (3) and section 16, the Minister may grant a permit, in writing, to a person to:\n    (a) enter a specified part of the Territory; and\n    (b) carry out a specified activity that would otherwise be prohibited by subsection 14(1).\n  (2) Subject to subsection (3) and section 16, the Minister may decide that a permit is subject to conditions, including the condition that the person who is granted the permit may authorise another person to enter the Territory and carry out an activity in accordance with the permit.\n  (3) In deciding whether to grant a permit, and in deciding the conditions subject to which a permit is to be granted, the Minister must consider:\n    (a) the need to protect the environment of the Territory; and\n    (b) the safety of persons, aircraft, vehicles and vessels in the Territory.\n  (4) If the Minister grants a permit, the permit must include the following information:\n    (a) the activities to be carried out under the permit, including particulars of any specimen to which the permit relates;\n    (b) the part of the Territory to which entry is permitted;\n    (c) the conditions to which the permit is subject;\n    (d) the name of the person to whom the permit is granted;\n    (e) the days on which the permit starts and expires;\n    (f) any other information that the Minister decides should be set out.\n  (5) A permit granted to a body corporate, or a person on behalf of an expedition or an association, may be expressed to apply to:\n    (a) all of the persons mentioned in the application under subsection 15A(3); or\n    (b) only those persons specified in the permit.\n  (6) The regulations may prescribe fees, not exceeding $50, payable for the grant of a permit.","sortOrder":9},{"sectionNumber":"16A","sectionType":"section","heading":"Authorities under permits","content":"#### 16A Authorities under permits\n\n  (1) This section applies to a person named in a permit granted under subsection 15(1).\n  (2) The person may authorise, in writing, another person to enter a specified part of the Territory and carry out a specified activity in the Territory in accordance with the permit only if:\n    (a) the permit contains a condition allowing the person to make such an authorisation; and\n    (b) the authorisation is given in accordance with any requirements set out in that condition and any other conditions contained in the permit.\n  (3) A permit is taken to authorise a person to enter the Territory and carry out an activity if the person is authorised to do so by an authorisation given to that person by a person named in the permit.\n  (4) If a person named in the permit gives an authorisation under subsection (2), the person giving the authorisation is not prevented from entering the Territory and carrying out activities under the permit.\n  (5) A person who gives an authorisation must give to the Minister written notice of the authorisation within 14 days after giving the authorisation.\n  (6) A person who does not comply with subsection (5) commits an offence.\n\nPenalty: 20 penalty units.","sortOrder":10},{"sectionNumber":"16","sectionType":"section","heading":"Restrictions applicable to permits","content":"#### 16 Restrictions applicable to permits\n\n  (1) Subject to subsection (2), a permit shall not authorise a person to take, injure or otherwise interfere with any organism, or collect any material, unless the Minister is satisfied that:\n    (a) the number of organisms of any species that may be taken or killed in that year by virtue of that permit and all other permits granted under section 15 will be replaced in the immediately succeeding breeding season by natural reproduction; and\n    (b) the activities authorised by the permit will be carried on to the extent only that they are necessary for providing specimens for scientific research, public education (including display in museums, zoological gardens or other educational or cultural institutions) or other educational or cultural purposes as the Minister thinks fit; and\n    (c) the interference with such organisms or the collecting of material does not endanger the continued presence in the Territory of any indigenous species of organism in its natural state or form and does not detract significantly from the scientific, historic or scenic value of the Territory.\n  (2) Nothing in subsection (1) shall prevent the granting of a permit authorising a person to collect or take material for the purpose of ensuring the preservation of that material or to permit its restoration.","sortOrder":11},{"sectionNumber":"17","sectionType":"section","heading":"Register of permits","content":"#### 17 Register of permits\n\n  (1) As soon as practicable after the commencement of this section, the Minister must establish a register of permits that includes the following for each permit granted under section 15 after the register is established:\n    (a) a copy of the permit;\n    (b) the name of any person authorised under section 16A to enter the Territory and carry out activities under the permit;\n    (c) any other information that the Minister decides should be included.\n  (2) The Minister may decide that some or all of the information contained in a permit must not be included in the register if the disclosure of the information:\n    (a) could adversely affect the commercial interests of a person who has been granted a permit under this Ordinance; or\n    (b) could result in a risk to the environment of the Territory; or\n    (c) would not be in the national interest.\n  (3) Without limiting the matters the Minister may consider in deciding what is in the national interest, the Minister may consider the need to keep details about surveillance and enforcement activities in the Southern Ocean confidential.\n  (4) The Minister must ensure that the register is:\n    (a) updated as soon as practicable after each permit is granted or varied; and\n    (b) accessible to the public through the Internet.\n\n> Note: The register may be accessed from the Department’s website for the Territory of Heard Island and McDonald Islands at http://www.heardisland.aq.\n\n  (5) If a permit expires, the Minister must ensure that:\n    (a) the details of the permit are retained on the register; and\n    (b) the register is updated as soon as practicable after the permit expires to state that the permit is no longer in force.\n  (6) The Minister must ensure that the register includes a statement to the effect that, subject to the Administrative Review Tribunal Act 2024, an application may be made to the Administrative Review Tribunal for the review of the Minister’s decision to grant a permit by or on behalf of a person whose interests are affected by the decision.","sortOrder":12},{"sectionNumber":"18","sectionType":"section","heading":"Contravening conditions of permits","content":"#### 18 Contravening conditions of permits\n\n  A person who is named in a permit, or who has been authorised under section 16A, commits an offence if the person engages in conduct that contravenes a condition of the permit.\n\nPenalty:\n\n    (a) in the case of an individual—50 penalty units or imprisonment for 2 years, or both; or\n    (b) in the case of a body corporate—250 penalty units.","sortOrder":13},{"sectionNumber":"19","sectionType":"section","heading":"Suspension or revocation of permits","content":"#### 19 Suspension or revocation of permits\n\n  The Minister may:\n    (a) by notice in writing served personally or by post on the holder; or\n    (b) by notice as prescribed; or\n    (c) by transmitting a message by radio to the holder of a permit who is travelling on an aircraft or vessel, or is in the Territory;\n  vary, suspend or revoke a permit, or vary, remove or impose a further condition on a permit where:\n    (d) a provision of this Ordinance relating to the permit, or a condition of the permit, has been contravened; or\n    (e) it is necessary or expedient to do so in order to protect:\n    (i) the environment of the Territory; or\n    (ii) the safety of any person, aircraft, vehicle or vessel.","sortOrder":14},{"sectionNumber":"19A","sectionType":"section","heading":"Delegation of powers","content":"#### 19A Delegation of powers\n\n  The Minister may, by signed instrument, delegate any or all of his or her powers under this Ordinance, other than the power to make regulations under section 26, to the following:\n    (a) the Director of the Australian Antarctic Division of the Department;\n    (b) an SES employee, or acting SES employee, in the Australian Antarctic Division of the Department;\n    (c) an APS employee who holds, or is acting in, an Executive Level 2 or equivalent position in the Australian Antarctic Division of the Department.","sortOrder":15},{"sectionNumber":"20","sectionType":"section","heading":"Inspectors","content":"#### 20 Inspectors\n\n  Appointment of inspectors and issue of identity cards\n  (1) The Minister may, by instrument, appoint persons to be inspectors for the purposes of this Ordinance.\n  (2) An inspector shall, subject to this Ordinance, perform such duties for the purposes of this Ordinance as the Minister directs.\n  (3) The Minister must issue an identity card to a person appointed under subsection (1).\n  (4) The identify card must be in a form approved by the Minister and it must bear a photograph of the holder and a statement to the effect that the person is an inspector for the purposes of this Ordinance.\n  Inspectors not requiring appointment or identity card\n  (5) The following are taken to be inspectors for the purposes of this Ordinance:\n    (a) a member of the Australian Federal Police;\n    (b) a member of the police force of a Territory.\n  (6) Subsection (3) does not apply to an inspector mentioned in subsection (5).","sortOrder":16},{"sectionNumber":"21","sectionType":"section","heading":"Return of inspectors’ identity cards","content":"#### 21 Return of inspectors’ identity cards\n\n  (1) If a person:\n    (a) has been issued with an identity card under subsection 20(3); and\n    (b) ceases to be an inspector;\n  the person must immediately return the identity card to the Minister.\n\nPenalty: 2 penalty units.\n\n  (2) An offence under subsection (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.","sortOrder":17},{"sectionNumber":"22","sectionType":"section","heading":"Seizure and forfeiture","content":"#### 22 Seizure and forfeiture\n\n  (1) Where a court convicts a person of an offence against this Ordinance the court may order the forfeiture to the Commonwealth of any aircraft, vehicle, vessel or article used or otherwise involved in the commission of the offence.\n  (2) An inspector may seize any aircraft, vehicle, vessel or article that the inspector believes on reasonable grounds to have been used or otherwise involved in the commission of an offence against this Ordinance and may retain it until the expiration of a period of 60 days after the seizure, or, if proceedings for an offence against this Ordinance in the commission of which it may have been used or otherwise involved are instituted within that period, until the proceedings are terminated.\n  (3) The Minister may authorise any aircraft, vehicle, vessel or article seized under subsection (2) or anything in, on or attached to any such aircraft, vehicle or vessel to be released to its owner, or to the person from whose possession it was seized, either unconditionally or on such conditions as are reasonable in the circumstances, including conditions as to the giving of security for payment of its value if it is forfeited.\n  (4) Any aircraft, vehicle, vessel or article forfeited under this section may be sold or otherwise disposed of as the Minister thinks fit.\n  (5) An inspector may seize any organisms in respect of which the inspector believes on reasonable grounds that an offence against this Ordinance has been committed.\n  (6) The Minister may cause any organisms seized under subsection (5) to be retained or disposed of and, if an offence against this Ordinance was not committed in respect of them, any person who has suffered loss or damage by reason of the seizure is entitled to reasonable compensation the amount of which shall be determined by the Minister.","sortOrder":18},{"sectionNumber":"23","sectionType":"section","heading":"Review of decisions","content":"#### 23 Review of decisions\n\n  (1) An application may be made to the Administrative Review Tribunal for a review of a decision of the Minister made under section 15 or 19 or subsection 22(3) or (6).\n  (2) Where the Minister makes a decision that is reviewable under subsection (1), the Minister shall by notice, served in accordance with subsection (2A), notify the applicant or permit holder, as the case may be, of the decision.\n  (2A) A notice under subsection (2) shall be served on the applicant or permit holder, as the case may be, within 28 days of the making of the decision to which it relates, and may be served:\n    (a) personally; or\n    (b) by post; or\n    (c) if the person to be served is not present in a State or internal Territory, by radio, telephone or other electronic means.\n  (3) A notice referred to in subsection (2) shall set out the decision and the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving reasons for the decision and shall include a statement to the effect that, subject to the Administrative Review Tribunal Act 2024, the person to whom the notice is addressed is entitled to apply to the Administrative Review Tribunal for a review of the decision.\n  (4) The validity of a decision referred to in section 15 or 19 or subsection 22(3) or (6) shall not be taken to be affected by a failure to include in a notice for the purpose of subsection (2) a statement in accordance with subsection (3).","sortOrder":19},{"sectionNumber":"24","sectionType":"section","heading":"Liability of Minister","content":"#### 24 Liability of Minister\n\n  Nothing in paragraph 15(3)(b) or subparagraph 19(e)(ii) shall cause the Minister or the Commonwealth to be held liable at the suit of any person, if the Minister or the Commonwealth would not have been held liable in the absence of that paragraph or subparagraph.","sortOrder":20},{"sectionNumber":"25","sectionType":"section","heading":"Prosecution of offences","content":"#### 25 Prosecution of offences\n\n  (1) An offence against section 12, 13, 14 or 18 is an indictable offence.\n  (2) Notwithstanding that an offence is expressed by subsection (1) to be an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.\n  (3) Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence, the penalty that the court may impose is:\n    (a) in the case of an offence against section 12, 13 or 14:\n    (i) if the offender is a natural person—a fine not exceeding 20 penalty units or imprisonment for a period not exceeding 12 months, or both; or\n    (ii) if the offender is a body corporate—a fine not exceeding 100 penalty units; or\n    (b) in the case of an offence against section 18:\n    (i) if the offender is a natural person—a fine not exceeding 10 penalty units or imprisonment for a period not exceeding 6 months or both; or\n    (ii) if the offender is a body corporate—a fine not exceeding 50 penalty units.","sortOrder":21},{"sectionNumber":"26","sectionType":"section","heading":"Regulations","content":"#### 26 Regulations\n\n  (1) The Minister may make regulations, not inconsistent with this Ordinance, prescribing all matters required or permitted by this Ordinance to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Ordinance.\n  (2) Without limiting the generality of subsection (1), regulations may be made:\n    (a) providing for functions and powers to be conferred, and duties to be imposed, upon inspectors; and\n    (b) providing, in respect of an offence against a provision of the regulations, for a penalty not exceeding 10 penalty units.","sortOrder":22}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of environmental protection and management of Heard Island and McDonald Islands. While it has been amended over time (evident from modern references like the Administrative Review Tribunal Act 2024 and updated penalty units), the core scope—controlling access and activities to protect the environment and wildlife—has not expanded beyond this original intent."},"complexity_factors":["Moderate length (26 sections) with straightforward structure","10 defined terms in section 4, including nested definitions for 'animal' and 'plant' that include embryos, seeds, and parts of organisms","Simple conditional logic: most offences have a single exception (emergency or permit), with evidential burden on defendant","Cross-reference to Criminal Code Chapter 2 for general principles of criminal responsibility","Permit system has layered authorisations (permit holder → authorised persons under section 16A) requiring notification","Register requirements with discretionary exclusions for national interest, commercial interests, or environmental risk","Dual penalty structures distinguishing natural persons from bodies corporate throughout","Some procedural complexity in service of notices (personal, post, radio, electronic) and delegation provisions"],"plain_english_summary":"This law establishes a strict permit regime for entering and doing anything on Heard Island and McDonald Islands, effectively banning unauthorised visits and tightly controlling activities that could harm wildlife, spread disease, or damage heritage. Breaches carry heavy fines, possible imprisonment, seizure or forfeiture of vessels/equipment, and active enforcement by inspectors and police.\n\nIt affects scientists, tourists, fishers, expedition organisers and anyone moving goods or people through the area, aiming to preserve HIMI’s World Heritage values."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Ordinance as presented remains focused on its original statutory purpose — protecting the Territory's environment and indigenous wildlife through a permit and enforcement regime (section 3). The text contains modernising or administrative updates (for example, explicit delegation provisions to Australian Antarctic Division officers (section 19A), online public register requirements (section 17(4)), and references to the Administrative Review Tribunal Act 2024 for review rights (sections 17(6), 23)), but these adjustments refine procedure and oversight rather than expanding the substantive scope beyond the Ordinance’s original conservation and access-control purpose."},"complexity_factors":["About 11 defined terms in the interpretation section (aircraft, animal, environment, inspector, organism, permit, plant, take, vehicle, vessel, plus related definitions).","Multiple criminal offences with high maximum penalties and alternative summary disposal (sections 12, 13, 14, 18, 25) creating two-tier procedure and penalty structures.","Permit regime with layered requirements: application content (section 15A), Ministerial discretion and mandatory considerations (section 15(3)), permit conditions, and delegation (sections 15, 16A, 19A).","Ecological pre-conditions attached to taking/collecting (section 16) requiring factual determinations about replacement rates and impact.","Register rules with public-access requirement plus three carve-outs (commercial, environmental risk, national interest) and a cross-reference to surveillance confidentiality (section 17).","Seizure/forfeiture regime combining inspector powers, retention timelines, ministerial release authority, compensation mechanics and court forfeiture (section 22).","Cross-references to external instruments: Criminal Code (section 5A), Endangered Species Ordinance 1980 and Migratory Birds Ordinance 1980 (section 14(2)(b)), Administrative Review Tribunal Act 2024 (sections 17(6), 23), increasing interpretive dependencies.","Several strict/technical requirements (evidential burden notes, strict liability for return of identity cards) that affect proof and enforcement (section 21, notes on evidential burden).","Delegation and inspector appointment rules that allow operational flexibility but require careful tracing of delegated authority (section 19A, section 20)."],"plain_english_summary":"**What the Ordinance does, mechanically**\n\n- Establishes a permit-based system for access to and activities in the Territory (Heard Island and McDonald Islands). Many ordinary acts — entering the Territory, bringing organisms or poultry, taking or disturbing plants or animals, landing aircraft, leaving equipment, removing or introducing soil or geological matter, collecting material or interfering with scientific experiments — are prohibited unless a permit authorises them (see section 14 and section 15).  \n\n- Sets out who can apply for permits, what an application must say, and the information a permit must include. Permits may be subject to conditions and may authorise the named permit-holder to allow other named people to act under the permit; authorisations must be notified to the Minister within 14 days (sections 15A, 15, 16A). The Minister may charge a small fee for a permit (up to $50) (section 15(6)).  \n\n- Imposes criminal penalties for entering without a permit, introducing diseased organisms or live poultry, and for undertaking restricted activities without a permit (sections 12, 13, 14). Penalties for individuals may include fines and imprisonment; higher fines apply to corporations (sections 12, 13, 14, 18). Some offences are indictable but can be dealt with in a summary court with consent and reduced maximum penalties (section 25).  \n\n- Gives the Minister discretion to grant, condition, vary, suspend or revoke permits, subject to statutory criteria: protection of the Territory's environment and safety of persons, aircraft, vehicles and vessels (sections 15(3), 19). The Minister must consider ecological replacement rates and narrow purposes for authorised taking (scientific research, public education and similar) before allowing taking of organisms (section 16).  \n\n- Creates administrative machinery: inspectors (appointed by the Minister, plus AFP and Territory police taken to be inspectors), identity cards, seizure and temporary retention powers for items used in offences, forfeiture and disposal powers, and a public internet register of permits (sections 20–22, 17). The Minister may withhold certain register details where disclosure could harm commercial interests, the environment or national interest (section 17(2)).  \n\n- Provides review rights: decisions on permit grant, variation/revocation, or release of seized items may be reviewed by the Administrative Review Tribunal (section 23). The Criminal Code principles apply to offences (section 5A). The Ordinance binds the Crown but does not subject the Commonwealth or a State to prosecution under the Ordinance (section 6).  \n\n**Stated purpose**\n\n- The Ordinance expressly aims to \"preserve and manage the Territory so as to protect the environment and the indigenous wildlife of the Territory\" (section 3). The permit regime, offence provisions and seizure powers are the instruments used to implement that stated purpose.  \n\n**Who is affected**\n\n- Anyone proposing to enter the Territory or carry out activities there (researchers, tourists, vessels, aircraft operators, expedition organisers, commercial operators) must obtain a permit for most activities (sections 12, 14, 15A).  \n- Owners and operators of aircraft, vehicles, vessels or equipment used in contraventions can face seizure and forfeiture and may suffer loss or costs associated with detention and disposal (section 22).  \n- Corporations face higher fines than individuals for offences (sections 12, 13, 14, 18).  \n- The Minister, and officials delegated by the Minister, make the access and activity decisions; inspectors (including AFP and Territory police) enforce the law (sections 15, 19A, 20).  \n\n**Why it matters (practical effects and trade-offs)**\n\n- Behavioural effect: the Ordinance makes entry and most activities conditional on authorisation. That creates an administrative gate that changes private choices — applicants must plan for permits, possible conditions, and the risk of refusal, variation or revocation (sections 14–16, 19).  \n\n- Compliance costs and incentives: applicants bear the cost of applying (including providing lists of expedition members where relevant), possible permit conditions, and the risk of criminal penalties and seizure for non‑compliance. The permit fee is capped at a low level ($50) (section 15(6)), so the main costs are administrative burden and risk of enforcement rather than large application fees.  \n\n- Decision-making concentration and discretion: the Minister (or delegated officials) holds broad discretionary power to grant and condition permits and to withhold register information on commercial, environmental or national-interest grounds (sections 15, 16, 17(2), 19). That discretion concentrates decision power in the executive and creates implementation risk around consistency and transparency; the register and review rights (section 17 and 23) are procedural checks but the Minister retains substantial scope to act.  \n\n- Trade-offs evident in the text: section 16 sets explicit ecological tests before authorising taking of organisms (replacement by natural reproduction, narrow stated purposes, no endangerment of indigenous species or significant detriment to scientific/historic/scenic values). These are precise constraints, but they still leave factual judgements to the Minister, creating scope for variable outcomes and for applicants to tailor proposals to meet those conditions.  \n\n- Enforcement and penalties: the Ordinance pairs criminal sanctions (including imprisonment for individuals in some cases) with administrative remedies (suspension/revocation, seizure and possible forfeiture). That raises enforcement costs for the state (inspectors, seizure logistics, court proceedings) and material exposure for operators who breach conditions (section 22).  \n\n- Effects on private enterprise and competition: the text prioritises environmental protection and scientific/educational uses (section 16(1)(b)). Commercial activity is not prohibited, but the Minister may withhold permit information if disclosure would harm commercial interests (section 17(2)(a)), and permit conditions must satisfy environmental replacement tests. Those features make commercial exploitation possible but tightly constrained; they can raise barriers to entry for private operators wishing to access the Territory.  \n\n- Administrative transparency and review: the requirement for an online, publicly accessible register (section 17(4)) and the right to administrative review (section 23) provide transparency and a remedy for affected persons, although the Minister may exempt sensitive details from publication (section 17(2)).  \n\n**Who pays, who decides, what changes**\n\n- Who pays: permit applicants (low statutory fee); persons or entities that contravene the Ordinance (fines, possible imprisonment, cost of replacing or losing seized items); the Commonwealth (administration, enforcement).  \n- Who decides: the Minister (with specified delegation options to senior Australian Antarctic Division officers) decides on permits and conditions, revocation/suspension, and what register information is withheld (sections 15, 19A, 17(2)). Inspectors (including AFP and Territory police) enforce the law (section 20).  \n- Behaviour changes: fewer unregulated visitors/activities; applicants will tailor proposals to pass Ministerial tests (ecological replacement, narrow purpose), and operators will avoid bringing organisms, poultry, soil or equipment without permits.  \n\n**Implementation risks and notable limitations**\n\n- The Minister’s broad discretion and the limited public detail that may be withheld on national interest or commercial grounds could produce uneven outcomes or uncertainty for applicants (sections 15, 17(2)).  \n- Practical enforcement in a remote territory depends on inspector capacity and logistics for seizure, retention and disposal (sections 20, 22).  \n- The Ordinance binds the Crown but exempts the Commonwealth or a State from prosecution under the Ordinance (section 6), which limits legal accountability for government actions in the Territory.  \n\n(Primary provisions cited in parentheses throughout: sections 3, 4, 5A, 6, 12–19A, 20–26.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-and-management-ordinance-1987-himi","history":"/api/acts/environment-protection-and-management-ordinance-1987-himi/history","analysis":"/api/acts/environment-protection-and-management-ordinance-1987-himi/analysis","conflicts":"/api/acts/environment-protection-and-management-ordinance-1987-himi/conflicts","importantCases":"/api/acts/environment-protection-and-management-ordinance-1987-himi/important-cases","documents":"/api/acts/environment-protection-and-management-ordinance-1987-himi/documents"}}