{"id":"a-2014-59","name":"Nature Conservation Act 2014","slug":"nature-conservation-act-2014","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"59 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24016,"registerId":"act-a-2014-59-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications 326","content":"5 Earlier republications 326\n","sortOrder":0},{"sectionNumber":"6","sectionType":"section","heading":"Expired transitional or validating provisions 328","content":"6 Expired transitional or validating provisions 328\n\nAn Act to make provision for the protection, conservation, enhancement and\nmanagement of nature in the ACT, for the management of reserves, and for other\npurposes\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Nature Conservation Act 2014.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘motor vehicle—see the Road\nTransport (General) Act 1999, dictionary.’ means that the term ‘motor\nvehicle’ is defined in that dictionary and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nIntroduction Part 1.1\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n6 Objects of Act\n(1) The main object of this Act is to protect, conserve and enhance the\nbiodiversity of the ACT.\n(2) This is to be achieved particularly by—\n(a) protecting, conserving, enhancing, restoring and improving\nnature conservation, including—\n(i) native species of animals and plants and their habitats; and\n(ii) ecological communities; and\n(iii) biological diversity at the community, species and genetic\nlevels; and\n(iv) ecosystems, and ecosystem processes and functions; and\nExamples—processes and functions\n1 decomposition and production of plant matter\n2 energy and nutrient exchanges\n(v) ecological connectivity; and\nExample—connectivity\nthe movement of organisms from one place to another\n\n(vi) landforms of natural significance, including geological and\ngeomorphological features and processes; and\n(vii) landscapes of natural significance; and\n(b) promoting and supporting the management, maintenance and\nenhancement of biodiversity of local, regional and national\nsignificance; and\n(c) promoting the involvement of, and cooperation between,\nAboriginal and Torres Strait Islander people, landholders, other\ncommunity members and governments in conserving,\nprotecting, enhancing, restoring and improving biodiversity;\nand\n(d) encouraging public appreciation, understanding and enjoyment\nof biodiversity; and\n(e) recognising and promoting Aboriginal and Torres Strait Islander\npeoples’ role in, and knowledge of, the conservation and\necologically sustainable use of biodiversity; and\n(f) recognising the significant stewardship role that landholders\nhave in managing the natural assets on their land; and\n(g) ensuring that members of the public have—\n(i) access to reliable and relevant information in appropriate\nforms to facilitate a good understanding of nature\nconservation issues; and\n(ii) opportunities to participate in policy development, nature\nconservation planning and conservation work; and\nACT ParkCare\n(h) promoting the principles of ecologically sustainable\ndevelopment.\n\nIntroduction Part 1.1\n(3) In exercising a function under this Act, the Minister must have regard\nto the objects of this Act.\necologically sustainable development means the effective integration\nof economic and environmental considerations in decision-making\nprocesses achievable through implementation of the following:\n(a) the precautionary principle;\n(b) the inter-generational equity principle;\n(c) conservation of biological diversity and ecological integrity;\n(d) improved valuation and pricing of environmental resources.\ninter-generational equity principle means that the present generation\nshould ensure that the health, diversity and productivity of the\nenvironment is maintained or enhanced for the benefit of future\ngenerations.\nprecautionary principle means that, if there is a threat of serious or\nirreversible environmental damage, a lack of full scientific certainty\nshould not be used as a reason for postponing measures to prevent\nenvironmental degradation.\n\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Application of Act to Emergencies Act 2004","content":"7 Application of Act to Emergencies Act 2004\n(1) This Act does not apply to the exercise or purported exercise by a\nrelevant person of a function under the Emergencies Act 2004 for the\npurpose of—\n(a) protecting life or property; or\n(b) controlling, extinguishing or preventing the spread of a fire.\nemergency controller—see the Emergencies Act 2004, dictionary.\nrelevant person means—\n(a) an emergency controller; or\n(b) a member of the ambulance service; or\n(c) a member of the fire and rescue service; or\n(d) a member of the rural fire service; or\n(e) a member of the SES; or\n(f) any other person under the control of—\n(i) an emergency controller; or\n(ii) the chief officer (ambulance service); or\n(iii) the chief officer (fire and rescue service); or\n(iv) the chief officer (rural fire service); or\n(v) the chief officer (SES); or\n(g) a police officer.\n\nRelationship to other laws Part 1.2\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Relationship to environment laws","content":"8 Relationship to environment laws\n(1) This Act must be construed and administered in a way that is\nconsistent with an environment law unless the contrary intention\nappears from this Act or that law.\n(2) This Act is taken to be consistent with an environment law to the\nextent that it is capable of operating concurrently with that law.\nenvironment law means—\n(a) the Environment Protection Act 1997; and\n(b) the Fisheries Act 2000; and\n(c) the Water Resources Act 2007; and\n(d) any other law of the Territory that has as 1 of its objects or\npurposes the protection of the environment.\n\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"What is nature?","content":"9 What is nature?\nnature means all aspects of nature including—\n(a) ecosystems and their constituent parts; and\n(b) all natural and physical resources; and\n(c) natural dynamic processes; and\n(d) the characteristics of places, however large or small, that\ncontribute to their—\n(i) biological diversity and integrity; or\n(ii) intrinsic or scientific value.\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"What is conservation?","content":"10 What is conservation?\nconservation means the protection and maintenance of nature while\nallowing for its ecologically sustainable use.\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"What is an animal?","content":"11 What is an animal?\nanimal—\n(a) means a member, alive or dead, of the animal kingdom; and\n(i) a part of an animal; and\nskin, feathers, horns, shell, egg yolk\n(ii) animal reproductive material; but\n\n(c) does not include—\n(i) a human; or\n(ii) a fish unless the fish—\n(A) has special protection status; or\n(B) is a protected native species; or\n(iii) an invertebrate unless the invertebrate—\n(A) has special protection status; or\n(B) is a protected native species.\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"What is a native animal?","content":"12 What is a native animal?\nnative animal—\n(a) means an animal of a native species; but\n(b) does not include an animal that is a declared pest.\n","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"What is a plant?","content":"13 What is a plant?\nplant—\n(a) means a member, alive or dead, of the—\n(i) plant kingdom; or\n(ii) fungus kingdom; and\n(i) a part of a plant; and\n\n(ii) plant reproductive material.\n","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"What is a native plant?","content":"14 What is a native plant?\nnative plant—\n(a) means a plant of a native species; but\n(b) does not include a plant that is a declared pest.\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"What is a species?","content":"15 What is a species?\nspecies—\n(a) means a group of biological entities that—\n(i) interbreed to produce fertile offspring; or\n(ii) possess common characteristics derived from a common\ngene pool; and\n(i) a subspecies; and\n(ii) a variety; and\n(iii) a distinct population of biological entities prescribed by\nregulation to be a species.\nsubspecies means a geographically separate population of a species,\nbeing a population that is characterised by morphological or\nbiological differences from other populations of that species.\n\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"What is a native species?","content":"16 What is a native species?\nnative species—\n(a) means a species—\n(i) that is indigenous to—\n(A) Australia or an external Territory; or\n(B) the coastal sea of Australia or an external Territory;\nor\n(C) the seabed of the coastal sea of Australia or an\nexternal Territory; or\n(D) the continental shelf; or\n(E) the exclusive economic zone; or\n(ii) members of which periodically or occasionally visit—\n(A) Australia or an external Territory; or\n(B) the coastal sea of Australia or an external Territory;\nor\n(C) the exclusive economic zone; or\n(iii) that was present in Australia or an external Territory before\n1400; and\n(b) includes a species prescribed by regulation to be a native\nspecies; but\n(c) does not include a species prescribed by regulation to not be a\nnative species.\nNote Coastal sea—see the dictionary.\nContinental shelf—see the dictionary.\nExclusive economic zone—see the dictionary.\nSeabed—see the dictionary.\n\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"What is an ecological community?","content":"17 What is an ecological community?\necological community means the extent in nature in the ACT of an\nassemblage of native species that—\n(a) inhabits a particular area in nature; and\n(b) satisfies the criteria prescribed by regulation (if any).\n","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"What is a member of a species or ecological community?","content":"18 What is a member of a species or ecological community?\nmember includes—\n(a) for a species of animal—\n(i) any part of an animal of the species; and\n(ii) any animal reproductive material of an animal of the\nspecies, or any part of that reproductive material; and\n(iii) the whole or any part of the dead body of an animal of the\nspecies; and\n(b) for a species of plant—\n(i) any part of a plant of the species; and\n(ii) any plant reproductive material of a plant of the species, or\nany part of that reproductive material; and\n(iii) the whole or any part of a plant of the species that has died;\nand\n(c) for an ecological community—\n(i) any part of an animal or plant of the community; and\n\n(ii) any animal reproductive material of an animal, or plant\nreproductive material of a plant, of the community, or any\npart of that animal reproductive material or plant\nreproductive material; and\n(iii) the whole or any part of an animal or plant of the\ncommunity that has died.\n","sortOrder":16},{"sectionNumber":"19","sectionType":"section","heading":"What is biodiversity?","content":"19 What is biodiversity?\nbiodiversity—\n(a) means the variability among living organisms from all sources\n(including terrestrial, marine and other aquatic ecosystems and\nthe ecological complexes of which they are part); and\n(b) includes diversity—\n(i) within species and between species; and\n(ii) of ecosystems.\n\n","sortOrder":17},{"sectionNumber":"20","sectionType":"section","heading":"Conservator—appointment","content":"20 Conservator—appointment\n(1) The director-general must appoint a public servant as the Conservator\nof Flora and Fauna (the conservator).\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n(2) However, the director-general may appoint a person as the\nconservator only if satisfied that the person has suitable qualifications\nand experience to exercise the functions of the conservator.\n(3) An appointment is a notifiable instrument.\n","sortOrder":18},{"sectionNumber":"21","sectionType":"section","heading":"Conservator—functions","content":"21 Conservator—functions\n(1) The conservator’s main functions are—\n(a) to develop and oversee policies, programs and plans for the\neffective management of nature conservation in the ACT; and\n(b) to monitor the state of nature conservation in the ACT; and\n(c) to provide information to the commissioner for sustainability\nand the environment for inclusion in a state of the environment\nreport.\nNote State of the environment report—see s (5).\n(2) The conservator has any other function given to the conservator under\nthis Act or another territory law.\n\nConservator of flora and fauna Part 2.1\n(3) In exercising a function, the conservator must ensure that it is\nexercised in a way that is consistent with implementing—\n(a) the objects of this Act; and\nNote The objects of this Act are set out in s 6.\n(b) any conservator guidelines; and\n(c) the nature conservation strategy for the ACT.\nNote Nature conservation strategy, for the ACT—see s 47.\n(4) In exercising a function, the conservator may have regard to any other\nrelevant matter, including the following:\n(a) the findings of a biodiversity research and monitoring program;\nNote Biodiversity research and monitoring program—see s 24.\n(b) an action plan for a species, ecological community or process;\nNote Action plan—see s 99.\n(c) a reserve management plan for a reserve;\nNote Reserve management plan, for a reserve—see s 175.\n(d) any response of the government to—\n(i) a state of the environment report under the Commissioner\nfor Sustainability and the Environment Act 1993,\nsection 19 (3) (State of the environment report); or\n(ii) a special report under the Commissioner for Sustainability\nand the Environment Act 1993, section 21 (2) (Special\nreports);\n(e) any other government policy or plan relating to nature\nconservation.\nkangaroo management plan\n\nstate of the environment report means a state of the environment\nreport under the Commissioner for Sustainability and the\nEnvironment Act 1993.\n","sortOrder":19},{"sectionNumber":"22","sectionType":"section","heading":"Conservator—delegation","content":"22 Conservator—delegation\nThe conservator may delegate to a conservation officer the\nconservator’s functions under this Act or another territory law.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n","sortOrder":20},{"sectionNumber":"23","sectionType":"section","heading":"Conservator—guidelines","content":"23 Conservator—guidelines\n(1) The conservator may make guidelines about how the conservator is\nto exercise the conservator’s functions under this Act\n(the conservator guidelines).\n(2) In preparing the conservator guidelines, the conservator must consult\nthe scientific committee.\n(3) A conservator guideline is a notifiable instrument.\n","sortOrder":21},{"sectionNumber":"24","sectionType":"section","heading":"Meaning of biodiversity research and monitoring","content":"24 Meaning of biodiversity research and monitoring\nprogram—pt 2.1\nbiodiversity research and monitoring program means a program\ndesigned to monitor the—\n(a) state of nature conservation generally in the ACT; and\n(b) effective management of nature conservation in the ACT.\n\nConservator of flora and fauna Part 2.1\n","sortOrder":22},{"sectionNumber":"25","sectionType":"section","heading":"Biodiversity research and monitoring program—","content":"25 Biodiversity research and monitoring program—\nconservator to prepare\n(1) The conservator must, every 2 years, prepare a biodiversity research\nand monitoring program for the next 2 years.\n(2) In preparing the biodiversity research and monitoring program, the\n(a) consult the scientific committee about—\n(i) priorities for the program; and\n(ii) appropriate methods for monitoring; and\n(b) consider the potential for engaging community organisations in\nmonitoring activities; and\nusing volunteers with Frogwatch to assist in surveying frog numbers\n(c) consider arrangements for sharing and transferring monitoring\ndata with other entities.\n(3) The biodiversity research and monitoring program is a notifiable\n","sortOrder":23},{"sectionNumber":"26","sectionType":"section","heading":"Biodiversity research and monitoring program—","content":"26 Biodiversity research and monitoring program—\nconservator to implement\n(1) The conservator—\n(a) must take reasonable steps to implement the biodiversity\nresearch and monitoring program; and\n(b) may commission another entity to implement all or part of the\nprogram.\n\n(2) The conservator must at the end of each biodiversity research and\nmonitoring program—\n(a) prepare a report on the implementation of the program (a\nbiodiversity research and monitoring program report); and\n(b) make the report publicly accessible as soon as possible, but not\nlater than 3 months, after the end of the program.\n(3) However, if the conservator considers that a plant or animal could be\nthreatened by the disclosure of a particular detail in a finding, the\n(b) must instead include a general statement of the finding.\n\nACT parks and conservation service Part 2.2\n","sortOrder":24},{"sectionNumber":"Part 2","sectionType":"part","heading":"2 ACT parks and conservation","content":"Part 2.2 ACT parks and conservation\nservice\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"ACT parks and conservation service—establishment","content":"27 ACT parks and conservation service—establishment\n(1) The ACT Parks and Conservation Service is established.\nNote Establish includes continue in existence (see Legislation Act, dict, pt 1).\n(2) The ACT parks and conservation service is made up of the\nconservation officers.\nNote The conservator is a conservation officer. Other conservation officers are\nappointed by the director-general under s 28.\n(3) The ACT parks and conservation service must assist—\n(a) the conservator in the exercise of the conservator’s functions;\nand\n(b) for unleased land, or public land, that is a reserve—the custodian\nfor the land in the exercise of the custodian’s functions.\nNote Custodian, in relation to land—see the Planning Act 2023,\n(4) The ACT parks and conservation service has any other function given\nto the service under this Act or another territory law.\n\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Conservation officers—appointment","content":"28 Conservation officers—appointment\n(1) The director-general may appoint a person as a conservation officer.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n(2) The conservator is a conservation officer.\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Conservation officers—identity cards","content":"29 Conservation officers—identity cards\n(1) The director-general must give a conservation officer an identity card\nstating the person’s name and that the person is a conservation officer.\n(2) The identity card must show—\n(a) a recent photograph of the conservation officer; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(3) A person commits an offence if the person—\n(a) stops being a conservation officer; and\n(b) does not return the person’s identity card to the director-general\nas soon as practicable (but not later than 7 days) after the day the\nperson stops being a conservation officer.\nMaximum penalty: 1 penalty unit.\n(4) Subsection (3) does not apply to a person if the person’s identity card\nhas been—\n(a) lost or stolen; or\n\nConservation officers Part 2.3\n(b) destroyed by someone else.\nmentioned in s (4) (see Criminal Code, s 58).\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Conservation officers—power not to be exercised before","content":"30 Conservation officers—power not to be exercised before\nidentity card shown\nA conservation officer may exercise a power under a territory law in\nrelation to a person only if the conservation officer first shows the\nperson the conservation officer’s identity card.\n\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Scientific committee—establishment","content":"31 Scientific committee—establishment\nThe scientific committee is established.\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Scientific committee—functions","content":"32 Scientific committee—functions\nThe scientific committee has the following functions:\n(a) to advise the Minister about nature conservation;\n(b) to advise the conservator about nature conservation;\n(c) to exercise any other function given to the committee under this\nAct or another territory law.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n","sortOrder":31},{"sectionNumber":"33","sectionType":"section","heading":"Scientific committee—annual report","content":"33 Scientific committee—annual report\n(1) The scientific committee must, each financial year, give the Minister\na report (an annual report) about the activities of the committee\nduring the year.\n(2) The scientific committee must make the annual report publicly\naccessible not later than 30 days after the day the scientific committee\ngives the report to the Minister.\n","sortOrder":32},{"sectionNumber":"34","sectionType":"section","heading":"Scientific committee—Minister’s directions","content":"34 Scientific committee—Minister’s directions\n(1) The Minister may direct the scientific committee, in writing, to\nprovide advice about a stated nature conservation matter.\n(2) The Minister must give a copy of each Minister’s direction to the\nconservator.\n\n(3) A report prepared by the conservator under the Annual Reports\n(Government Agencies) Act 2004 for a financial year must include—\n(a) a copy of each Minister’s direction given during the year; and\n(b) a statement by the conservator about action taken during the year\nto give effect to any Minister’s direction (whether given before\nor during the year).\n","sortOrder":33},{"sectionNumber":"35","sectionType":"section","heading":"Scientific committee—membership","content":"35 Scientific committee—membership\nThe scientific committee is made up of 7 members appointed by the\nMinister under section 36.\n","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"Scientific committee—appointment of members","content":"36 Scientific committee—appointment of members\n(1) The Minister must appoint 7 members to the scientific committee.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n(2) The Minister must ensure that at least 4 members of the committee\nare not public servants.\n(3) The Minister must not appoint a person to the committee unless\nsatisfied that the person has appropriate scientific expertise in\nbiology, ecology, conservation science, or conservation management.\n(4) A member holds office as a part-time member.\n(5) The appointment of a member is for not longer than 3 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n(6) The conditions of appointment of a member under this section are the\nconditions stated in the appointment, subject to any determination\nunder the Remuneration Tribunal Act 1995.\n(7) An appointment is a disallowable instrument.\n\n","sortOrder":35},{"sectionNumber":"37","sectionType":"section","heading":"Scientific committee—chair and deputy chair","content":"37 Scientific committee—chair and deputy chair\n(1) The Minister must appoint a chair and deputy chair of the scientific\ncommittee from the members appointed under section 36.\n(2) However, the chair and deputy chair must not be public servants.\n","sortOrder":36},{"sectionNumber":"38","sectionType":"section","heading":"Scientific committee—secretary","content":"38 Scientific committee—secretary\nThe director-general must nominate a public servant who is not a\nmember appointed under section 36 to be the secretary of the\nscientific committee.\n","sortOrder":37},{"sectionNumber":"39","sectionType":"section","heading":"Scientific committee—ending appointments","content":"39 Scientific committee—ending appointments\nThe Minister may end the appointment of a member—\n(a) for misbehaviour; or\n(b) if the member, without reasonable excuse, contravenes\nsection 40; or\n(c) if the member is absent from 3 consecutive meetings of the\nscientific committee, other than on approved leave; or\n(d) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the member’s functions.\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n","sortOrder":38},{"sectionNumber":"40","sectionType":"section","heading":"Scientific committee—disclosure of interests","content":"40 Scientific committee—disclosure of interests\n(1) If a member of the scientific committee has a material interest in an\nissue being considered, or about to be considered, by the committee,\nthe member must disclose the nature of the interest at a committee\nmeeting as soon as practicable after the relevant facts come to the\nmember’s knowledge.\nNote Material interest is defined in s (4). The definition of indirect interest in\ns (4) applies to the definition of material interest.\n\n(2) The disclosure must be recorded in the committee’s minutes and,\nunless the committee otherwise decides, the member must not—\n(a) be present when the committee considers the issue; or\n(b) take part in a decision of the committee on the issue.\n(3) Any other committee member who also has a material interest in the\nissue must not be present when the committee is considering its\ndecision under subsection (2).\nassociate, of a person, means—\n(a) the person’s business partner; or\n(b) a close friend of the person; or\n(c) a family member of the person.\nexecutive officer, of a corporation, means a person (however\ndescribed) who is concerned with, or takes part in, the corporation’s\nmanagement, whether or not the person is a director of the\ncorporation.\nindirect interest—without limiting the kinds of indirect interests a\nperson may have, a person has an indirect interest in an issue if any\nof the following has an interest in the issue:\n(a) an associate of the person;\n(b) a corporation if the corporation has not more than 100 members\nand the person, or an associate of the person, is a member of the\ncorporation;\n(c) a subsidiary of a corporation mentioned in paragraph (b);\n(d) a corporation if the person, or an associate of the person, is an\nexecutive officer of the corporation;\n(e) the trustee of a trust if the person, or an associate of the person,\nis a beneficiary of the trust;\n\n(f) a member of a firm or partnership if the person, or an associate\nof the person, is a member of the firm or partnership;\n(g) someone else carrying on a business if the person, or an\nassociate of the person, has a direct or indirect right to\nparticipate in the profits of the business.\nmaterial interest—a committee member has a material interest in an\nissue if the member has—\n(a) a direct or indirect financial interest in the issue; or\n(b) a direct or indirect interest of any other kind if the interest could\nconflict with the proper exercise of the member’s functions in\nrelation to the committee’s consideration of the issue.\n","sortOrder":39},{"sectionNumber":"41","sectionType":"section","heading":"Scientific committee—meetings","content":"41 Scientific committee—meetings\n(1) Meetings of the scientific committee are to be held when and where\nit decides.\n(2) However, the chair must call a meeting—\n(a) as often as needed for the committee to efficiently carry out its\nfunctions; and\n(b) if asked by the Minister.\n(3) The chair must give the other members of the committee at least 5\nworking days written notice of a meeting.\n","sortOrder":40},{"sectionNumber":"42","sectionType":"section","heading":"Scientific committee—presiding member at meetings","content":"42 Scientific committee—presiding member at meetings\n(1) The chair presides at all meetings at which the chair is present.\n(2) If the chair is absent, the deputy chair presides.\n(3) If the chair and the deputy chair are absent, the member chosen by the\nmembers present presides.\n\n","sortOrder":41},{"sectionNumber":"43","sectionType":"section","heading":"Scientific committee—quorum at meetings","content":"43 Scientific committee—quorum at meetings\nBusiness may be carried on at a meeting of the scientific committee\nonly if at least 1/2 of the appointed members are present.\n","sortOrder":42},{"sectionNumber":"44","sectionType":"section","heading":"Scientific committee—voting at meetings","content":"44 Scientific committee—voting at meetings\n(1) At a meeting of the scientific committee, each member has a vote on\neach question to be decided.\n(2) A question is decided by a majority of the votes of the members\npresent and voting but, if the votes are equal, the member presiding\nhas the deciding vote.\n","sortOrder":43},{"sectionNumber":"45","sectionType":"section","heading":"Scientific committee—conduct of meetings","content":"45 Scientific committee—conduct of meetings\n(1) The scientific committee may conduct its proceedings (including its\nmeetings) as it considers appropriate.\n(2) The scientific committee must keep minutes of its meetings.\n\n","sortOrder":44},{"sectionNumber":"46","sectionType":"section","heading":"Advisory committees","content":"46 Advisory committees\n(1) The Minister may set up advisory committees that the Minister\nconsiders necessary.\n(2) An advisory committee may decide how to exercise its functions.\n(3) However, an advisory committee is subject to the direction of the\nMinister in the exercise of its functions.\n\n","sortOrder":45},{"sectionNumber":"Part 3","sectionType":"part","heading":"Nature conservation strategy","content":"Chapter 3 Nature conservation strategy\nfor the ACT\n","sortOrder":46},{"sectionNumber":"47","sectionType":"section","heading":"What is the nature conservation strategy for the ACT?","content":"47 What is the nature conservation strategy for the ACT?\nnature conservation strategy, for the ACT, means a strategy for the\nACT, notified under section 54 (Draft strategy—Minister’s approval\nand notification).\n","sortOrder":47},{"sectionNumber":"48","sectionType":"section","heading":"What is a draft nature conservation strategy?—ch 3","content":"48 What is a draft nature conservation strategy?—ch 3\ndraft nature conservation strategy, for the ACT—\n(a) means a statement of—\n(i) proposals about the protection, management and\nconservation of—\n(A) native species indigenous to the ACT; and\n(B) significant ecosystems of the ACT; and\n(ii) strategies to address actual and potential impacts of climate\nchange; and\nguideline.\n\n","sortOrder":48},{"sectionNumber":"49","sectionType":"section","heading":"Draft nature conservation strategy—conservator to","content":"49 Draft nature conservation strategy—conservator to\n(1) The conservator must prepare a draft nature conservation strategy for\nthe ACT.\n(2) In preparing the draft nature conservation strategy, the conservator\nmust consider—\n(a) landscape scale approaches across tenures; and\n(b) restoration of habitats; and\n(c) landscape connectivity; and\n(d) threats to biodiversity; and\n(e) the impacts of climate change; and\n(f) biodiversity research and monitoring program reports.\n","sortOrder":49},{"sectionNumber":"50","sectionType":"section","heading":"Draft nature conservation strategy—consultation with","content":"50 Draft nature conservation strategy—consultation with\nentities\nIn preparing a draft nature conservation strategy for the ACT, the\nconservator must consult—\n(a) the scientific committee; and\n(b) the commissioner for sustainability and the environment.\n","sortOrder":50},{"sectionNumber":"51","sectionType":"section","heading":"Draft nature conservation strategy—public consultation","content":"51 Draft nature conservation strategy—public consultation\n(1) If the conservator prepares a draft nature conservation strategy, the\nconservator must also prepare a notice about the draft nature\nconservation strategy (a public consultation notice).\n\nabout the draft nature conservation strategy; and\n(b) include the draft nature conservation strategy.\nnature conservation strategy—\nthe draft strategy; and\npublic consultation period for the draft strategy; and\ncomment on the draft strategy.\n","sortOrder":51},{"sectionNumber":"52","sectionType":"section","heading":"Draft strategy—revision and submission to Minister","content":"52 Draft strategy—revision and submission to Minister\n(1) If the public consultation period for a draft nature conservation\nstrategy has ended, the conservator must—\n\n(b) make any revisions to the draft strategy that the conservator\n(2) The conservator must then submit the draft strategy to the Minister\nfor approval.\n(3) The draft strategy must be accompanied by a report setting out the\npublic consultation period for the draft strategy.\n","sortOrder":52},{"sectionNumber":"53","sectionType":"section","heading":"Draft strategy—Minister to approve, return or reject","content":"53 Draft strategy—Minister to approve, return or reject\nIf the conservator submits a draft nature conservation strategy to the\n(a) approve the draft strategy; or\n(b) return the draft strategy to the conservator and direct the\nconservator to take 1 or more of the following actions in relation\nto it:\na report of the commissioner for sustainability and the environment\nunder the Commissioner for Sustainability and the Environment\nAct 1993\n(iii) revise the draft strategy in a stated way; or\n(c) reject the draft strategy.\n","sortOrder":53},{"sectionNumber":"54","sectionType":"section","heading":"Draft strategy—Minister’s approval and notification","content":"54 Draft strategy—Minister’s approval and notification\n(1) A draft nature conservation strategy approved by the Minister under\nsection 53 (a) or section 57 (3) is a nature conservation strategy.\n(2) A nature conservation strategy is a disallowable instrument.\nNote Minor amendments may be made to the strategy under s 57.\n\n","sortOrder":54},{"sectionNumber":"55","sectionType":"section","heading":"Draft strategy—Minister’s direction to revise etc","content":"55 Draft strategy—Minister’s direction to revise etc\nunder section 53 (b).\n(b) resubmit the draft strategy to the Minister for approval.\n(3) The Minister must decide, under section 53, what to do with the\nresubmitted draft strategy.\n","sortOrder":55},{"sectionNumber":"56","sectionType":"section","heading":"Draft strategy—Minister’s rejection","content":"56 Draft strategy—Minister’s rejection\n(1) If the Minister rejects a draft nature conservation strategy under\nsection 53 (c), the Minister must prepare a notice stating that the draft\nstrategy is rejected (a rejection notice).\n","sortOrder":56},{"sectionNumber":"57","sectionType":"section","heading":"Nature conservation strategy—minor amendments","content":"57 Nature conservation strategy—minor amendments\n(a) a nature conservation strategy for the ACT is in force\n(the existing strategy); and\nstrategy are appropriate.\n(a) may prepare a new draft nature conservation strategy,\nincorporating the minor amendments into the existing strategy;\nand\n(c) may submit the new draft nature conservation strategy to the\n\n(3) If the conservator submits a new draft nature conservation strategy to\nthe Minister for approval, the Minister must—\n(a) approve the strategy; or\n(b) reject the strategy.\nNote The new draft nature conservation strategy approved by the Minister is a\nnature conservation strategy and is a disallowable instrument (see s 54).\nminor amendment, of a nature conservation strategy for the ACT,\nefficiency of the strategy without changing the substance of the\nstrategy.\n","sortOrder":57},{"sectionNumber":"58","sectionType":"section","heading":"Nature conservation strategy—conservator to implement","content":"58 Nature conservation strategy—conservator to implement\nIf a nature conservation strategy is in force for the ACT, the\nconservator must take reasonable steps to implement the strategy.\n","sortOrder":58},{"sectionNumber":"59","sectionType":"section","heading":"Nature conservation strategy—monitoring","content":"59 Nature conservation strategy—monitoring\n(1) The conservator must monitor the effectiveness of the nature\nconservation strategy for the ACT.\n(2) The conservator must report to the Minister about the nature\nconservation strategy for the ACT at least once every 5 years.\n(3) The Minister must consider the report and may take any action the\nMinister considers appropriate.\n\n(4) The Minister must make the report publicly accessible not later than\n","sortOrder":59},{"sectionNumber":"60","sectionType":"section","heading":"Nature conservation strategy—review","content":"60 Nature conservation strategy—review\n(1) The conservator must review the nature conservation strategy every\n10 years after the strategy commences.\n(2) However, the Minister may extend the time for conducting the\nreview.\n(3) In conducting the review, the conservator must—\n(a) consider each matter mentioned in section 49 (2) (Draft nature\nconservation strategy—conservator to prepare) in relation to the\nnature conservation strategy under review; and\n(b) consult the entities mentioned in section 50; and\n(c) carry out public consultation in accordance with section 51\n(Draft nature conservation strategy—public consultation) as if a\nreference to a draft nature conservation strategy were a reference\nto the nature conservation strategy under review.\n(4) If the public consultation period for the review has ended, the\n(a) consider each submission received during the public\n(b) if the person who makes a submission during the public\nconsultation period agrees to the conservator making the\nsubmission publicly accessible—make the submission publicly\naccessible; and\n\n(c) make any recommendation to the Minister about the strategy\nunder review that the conservator considers appropriate.\n(5) The recommendation must be accompanied by a report setting out the\npublic consultation period for the strategy under review.\n(6) If the conservator makes a recommendation to the Minister, the\nMinister must respond to the conservator about the recommendation.\n(7) If the conservator receives a response from the Minister, the\nconservator must make the following publicly accessible:\n(a) the Minister’s response;\n(b) details of any proposed amendments to the strategy as a result\nof the review.\n\n","sortOrder":60},{"sectionNumber":"Part 4","sectionType":"part","heading":"Threatened native species and","content":"Chapter 4 Threatened native species and\necological communities\n","sortOrder":61},{"sectionNumber":"61","sectionType":"section","heading":"What is a threatened native species?","content":"61 What is a threatened native species?\nthreatened native species means a native species listed in the\nthreatened native species list.\n","sortOrder":62},{"sectionNumber":"62","sectionType":"section","heading":"What is a threatened native species list?","content":"62 What is a threatened native species list?\nthreatened native species list means a list of species notified under\nsection 91 (Final version of list and notification).\n","sortOrder":63},{"sectionNumber":"63","sectionType":"section","heading":"Threatened native species list—categories","content":"63 Threatened native species list—categories\n(1) The Minister must make a threatened native species list.\n(2) The list must contain the species eligible to be included in 1 of the\nfollowing categories (a national category) in the list:\n(a) extinct;\n(b) extinct in the wild;\n(c) critically endangered;\n(d) endangered;\n(e) vulnerable;\n(f) conservation dependent.\n\n(3) The list may contain the species eligible to be included in 1 of the\nfollowing categories (a regional category) in the list:\n(a) regionally threatened;\n(b) regionally conservation dependent;\n(c) provisional.\n","sortOrder":64},{"sectionNumber":"64","sectionType":"section","heading":"Threatened native species list—eligibility for national","content":"64 Threatened native species list—eligibility for national\n(1) A native species is eligible to be included in the extinct category in\nthe threatened native species list if, assessed at a national scale, there\nis no reasonable doubt that the last member of the species has died.\n(2) A native species is eligible to be included in the extinct in the wild\ncategory in the threatened native species list if, assessed at a national\nscale—\n(a) it is known only to survive in cultivation, in captivity or as a\nnaturalised population well outside its past range; or\n(b) it has not been recorded in its known or expected habitat, at\nappropriate seasons, anywhere in its past range, despite\nexhaustive surveys over a time frame appropriate to its life cycle\nand form.\n(3) A native species is eligible to be included in the critically endangered\ncategory in the threatened native species list if, assessed at a national\nscale, it is facing an extremely high risk of extinction in the wild in\nthe immediate future.\n(4) A native species is eligible to be included in the endangered category\nin the threatened native species list if, assessed at a national scale—\n(a) it is not critically endangered; but\n(b) it is facing a very high risk of extinction in the wild in the near\nfuture.\n\n(5) A native species is eligible to be included in the vulnerable category\nin the threatened native species list if, assessed at a national scale—\n(a) it is not critically endangered or endangered; but\n(b) it is facing a high risk of extinction in the wild in the\nmedium-term future.\n(6) A native species is eligible to be included in the conservation\ndependent category in the threatened native species list if—\n(a) it is a fish; and\n(b) it is the subject of a plan of management, within the meaning of\nthe Environment Protection and Biodiversity Conservation\nAct 1999 (Cwlth), that identifies actions necessary to stop the\ndecline of, and support the recovery of, the species to maximise\nits chances of long-term survival in the wild; and\n(c) the plan of management is in force under a law of the\nCommonwealth, the Territory or a State; and\n(d) the ending of the plan may result in the species becoming\nvulnerable, endangered or critically endangered.\nassessed at a national scale, for an item—see section 80.\nNote Item includes a species (see s 80).\nfish includes all species of bony fish, sharks, crustaceans, molluscs\nand other marine organisms, but does not include marine mammals\nor marine reptiles.\n","sortOrder":65},{"sectionNumber":"64A","sectionType":"section","heading":"Threatened native species list—eligibility for regional","content":"64A Threatened native species list—eligibility for regional\n(1) A native species is eligible to be included in the regionally threatened\ncategory in the threatened native species list if—\n(a) the species occurs or is likely to occur in the ACT; and\n\n(b) there are threatened native species list criteria for the category;\nand\n(c) the species satisfies the threatened native species list criteria for\nthe category.\n(2) A native species is eligible to be included in the regionally\nconservation dependent category in the threatened native species list\nif—\n(a) the species occurs or is likely to occur in the ACT; and\n(b) there are threatened native species list criteria for the category;\nand\n(c) the species satisfies the threatened native species list criteria for\nthe category.\n(3) A native species is eligible to be included in the provisional category\nin the threatened native species list if—\n(a) there is a significant decline in the number of members of the\nspecies in the ACT or surrounding region; or\n(b) the species—\n(i) occurs or is likely to occur in the ACT or surrounding\nregion; and\n(ii) is listed as a threatened native species under a law of\nanother jurisdiction corresponding, or substantially\ncorresponding, to this Act; or\n(c) the species was listed in the extinct category of the threatened\nnative species list but has been definitely located in nature in the\nACT or surrounding region since it was last listed as extinct.\nNote See also s 97 about rediscovery of species that were extinct.\n(4) A native species is no longer eligible to be included in the provisional\ncategory in the threatened native species list if it has been in the\ncategory for 18 months.\n\n(5) A native species is not eligible to be included in a regional category\nin the threatened native species list if—\n(a) it is eligible to be included in a national category in the list; or\n(b) it is included in the protected native species list.\nNote Protected native species list—see s 111.\n(6) However, a native species that is eligible to be included in the extinct\ncategory or extinct in the wild category in the threatened native\nspecies list may be included in a regional category in the list if the\nspecies is introduced or reintroduced into the ACT.\nNote Species includes a distinct population of biological entities prescribed by\nregulation to be a species (see s 15 (1), def species, par (b) (iii)).\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Threatened native species list—eligibility criteria","content":"65 Threatened native species list—eligibility criteria\nspecies is eligible to be included in a category in the threatened native\nspecies list (the threatened native species list criteria).\n(2) The threatened native species list criteria may only include scientific\n(3) In developing the threatened native species list criteria, the Minister\nmust have regard to—\n(a) the conservation of the species; and\n(b) the ecological significance of the species; and\n(4) In developing the threatened native species list criteria, the Minister\nmust consult—\n\n(5) The threatened native species list criteria are a disallowable\n","sortOrder":67},{"sectionNumber":"66","sectionType":"section","heading":"Threatened native species list—criteria to review","content":"66 Threatened native species list—criteria to review\nconsiders that the threatened native species list criteria should be\n(a) the criteria are not adequately identifying species eligible to be\nincluded in a category in the threatened native species list; or\nMinister that the Minister review the threatened native species list\n(a) review the threatened native species list criteria under\nsection 65; or\n(b) refuse to review the threatened native species list criteria.\n(4) A decision to refuse to review the threatened native species list\ncriteria, including a statement of reasons for the decision, is a\n\nThreatened ecological communities Part 4.2\nPart 4.2 Threatened ecological\ncommunities\n","sortOrder":68},{"sectionNumber":"67","sectionType":"section","heading":"What is a threatened ecological community?","content":"67 What is a threatened ecological community?\nthreatened ecological community means an ecological community\nlisted in the threatened ecological communities list.\n","sortOrder":69},{"sectionNumber":"68","sectionType":"section","heading":"What is a threatened ecological communities list?","content":"68 What is a threatened ecological communities list?\nthreatened ecological communities list means a list of ecological\ncommunities notified under section 91 (Final version of list and\nnotification).\n","sortOrder":70},{"sectionNumber":"69","sectionType":"section","heading":"Threatened ecological communities list—categories","content":"69 Threatened ecological communities list—categories\nThe Minister must make a threatened ecological communities list—\n(a) containing the ecological communities eligible to be included in\nthe list; and\n(b) divided into the following categories:\n(i) collapsed;\n(ii) critically endangered;\n(iii) endangered;\n(iv) vulnerable;\n(v) provisional.\n\n","sortOrder":71},{"sectionNumber":"70","sectionType":"section","heading":"Threatened ecological communities list—eligibility for","content":"70 Threatened ecological communities list—eligibility for\n(1) An ecological community is eligible to be included in the collapsed\ncategory in the threatened ecological communities list if there is no\nreasonable doubt that its defining biotic or abiotic features are lost\nfrom all occurrences and the characteristic native biota are no longer\nsustained.\nCollapse may occur when most of the diagnostic components of the characteristic\nnative biota are lost from the ecological community, or when functional\ncomponents (biota that perform key roles in ecological community organisation)\nare greatly reduced in abundance and lose the ability to recruit.\n(2) An ecological community is eligible to be included in the critically\nendangered category in the threatened ecological communities list if\nit is facing an extremely high risk of extinction in the wild in the\nimmediate future.\n(3) An ecological community is eligible to be included in the endangered\n(a) it is not critically endangered; but\n(b) it is facing a very high risk of extinction in the wild in the near\nfuture.\n(4) An ecological community is eligible to be included in the vulnerable\n(a) it is not critically endangered or endangered; but\n(b) it is facing a high risk of extinction in the wild in the\nmedium-term future.\n(5) An ecological community is eligible to be included in the provisional\n(a) there is a strong decline in the size of the ecological community\nin the ACT and the surrounding region; or\n\nThreatened ecological communities Part 4.2\n(b) the ecological community—\n(i) exists or is likely to exist in the ACT; and\n(ii) is listed as a threatened ecological community under a law\nof another jurisdiction corresponding, or substantially\ncorresponding, to this Act.\n(6) An ecological community is no longer eligible to be included in the\nprovisional category in the threatened ecological communities list if\nit has been in the category for 18 months.\n","sortOrder":72},{"sectionNumber":"71","sectionType":"section","heading":"Threatened ecological communities list—eligibility","content":"71 Threatened ecological communities list—eligibility\ncriteria\n(1) The Minister must develop criteria to be used in deciding whether an\necological community is eligible to be included in a category in the\nthreatened ecological communities list (the threatened ecological\ncommunities list criteria).\n(2) The threatened ecological communities list criteria may only include\nscientific matters.\n(3) In developing the threatened ecological communities list criteria, the\nMinister must have regard to—\n(a) the conservation of the ecological community; and\n(b) the ecological significance of the ecological community; and\n(4) In developing the threatened ecological communities list criteria, the\nMinister must consult—\n\n(5) The threatened ecological communities list criteria are a disallowable\n","sortOrder":73},{"sectionNumber":"72","sectionType":"section","heading":"Threatened ecological communities list criteria—review","content":"72 Threatened ecological communities list criteria—review\nconsiders that the threatened ecological communities list criteria\nshould be reviewed because—\n(a) the criteria are not adequately identifying ecological\ncommunities eligible to be included in a category in the\nthreatened ecological communities list; or\nMinister that the Minister review the threatened ecological\ncommunities list criteria.\n(a) review the threatened ecological communities list criteria under\nsection 71; or\n(b) refuse to review the threatened ecological communities list\n(4) A decision to refuse to review the threatened ecological communities\nlist criteria, including a statement of reasons for the decision, is a\n\nKey threatening processes Part 4.3\n","sortOrder":74},{"sectionNumber":"73","sectionType":"section","heading":"What is a threatening process?","content":"73 What is a threatening process?\nthreatening process means a process that threatens, or may threaten,\nthe survival, abundance or evolutionary development of a native\nspecies or ecological community.\nNative species—see s 16.\n","sortOrder":75},{"sectionNumber":"74","sectionType":"section","heading":"What is a key threatening process?","content":"74 What is a key threatening process?\nkey threatening process means a threatening process listed in the key\nthreatening processes list.\n","sortOrder":76},{"sectionNumber":"75","sectionType":"section","heading":"What is a key threatening processes list?","content":"75 What is a key threatening processes list?\nkey threatening processes list means—\n(a) the key threatening processes list made under section 76; or\n(b) a key threatening processes list notified under section 91 (Final\nversion of list and notification).\n","sortOrder":77},{"sectionNumber":"76","sectionType":"section","heading":"Key threatening processes list","content":"76 Key threatening processes list\n(1) The Minister may make a key threatening processes list in accordance\nwith this part.\n(2) The key threatening processes list is a notifiable instrument.\n\n","sortOrder":78},{"sectionNumber":"77","sectionType":"section","heading":"Key threatening processes list—eligibility","content":"77 Key threatening processes list—eligibility\nA threatening process is eligible to be included in the key threatening\nprocesses list if—\n(a) it could cause—\n(i) a native species to become eligible for listing in the\nthreatened native species list in a category other than\nconservation dependent; or\n(ii) an ecological community to become eligible for listing in\nthe threatened ecological communities list; or\n(b) it could cause—\n(i) a threatened native species to become eligible to be listed\nin the threatened native species list in another category\nrepresenting a higher degree of endangerment; or\n(ii) a threatened ecological community to become eligible to\nbe listed in the threatened ecological communities list in\nanother category representing a higher degree of\nendangerment; or\n(c) it adversely affects 2 or more threatened native species (other\nthan conservation dependent species) or 2 or more threatened\necological communities.\n","sortOrder":79},{"sectionNumber":"78","sectionType":"section","heading":"Key threatening processes list—eligibility criteria","content":"78 Key threatening processes list—eligibility criteria\nthreatening process is eligible to be included on the key threatening\nprocesses list (the key threatening processes list criteria).\n(2) The key threatening processes list criteria may only include scientific\n\nKey threatening processes Part 4.3\n(3) In developing the key threatening processes list criteria, the Minister\nmust have regard to—\n(a) the conservation of threatened native species and threatened\necological communities; and\n(b) the ecological significance of threatened native species and\nthreatened ecological communities; and\n(4) In developing the key threatening processes list criteria, the Minister\nmust consult—\n(5) The key threatening processes list criteria are a disallowable\n","sortOrder":80},{"sectionNumber":"79","sectionType":"section","heading":"Key threatening processes list criteria—review","content":"79 Key threatening processes list criteria—review\nconsiders that the key threatening processes list criteria should be\n(a) the criteria are not adequately identifying processes eligible to\nbe included on the key threatening processes list; or\nMinister that the Minister review the key threatening processes list\n(a) review the key threatening processes list criteria under\nsection 78; or\n\n(b) refuse to review the key threatening processes list criteria.\n(4) A decision to refuse to review the key threatening processes list\ncriteria, including a statement of reasons for the decision, is a\n\nDefinitions—pt 4.4 Division 4.4.1\nPart 4.4 Including, transferring and\nomitting items in list\n","sortOrder":81},{"sectionNumber":"80","sectionType":"section","heading":"Definitions—pt 4.4","content":"80 Definitions—pt 4.4\nassessed at a national scale, for an item, means the risk assessment\ncriteria under the common assessment method is applied to the item\nthroughout—\n(a) Australia or an external Territory; or\n(b) the coastal sea of Australia or an external Territory; or\n(c) the seabed of the coastal sea of Australia or an external\nTerritory; or\n(d) the continental shelf; or\n(e) the exclusive economic zone.\nNote Coastal sea—see the dictionary.\nContinental shelf—see the dictionary.\nExclusive economic zone—see the dictionary.\nSeabed—see the dictionary.\ncommon assessment method means the methodology used to assess\nthe risk of extinction of a species or collapse of an ecological\ncommunity, agreed between—\n(a) the Commonwealth; and\n(b) the Territory; and\n(c) a participating State.\n\nitem means—\n(a) for the threatened native species list—a native species; or\n(b) for the threatened ecological communities list—an ecological\ncommunity; or\n(c) for the key threatening processes list—a threatening process.\nlist means—\n(a) the threatened native species list; or\n(b) the threatened ecological communities list; or\n(c) the key threatening processes list.\nlisting assessment—see section 85 (2).\nnationally threatened, in relation to an item, means—\n(a) an item that is a listed threatened species or listed ecological\ncommunity under the Environment Protection and Biodiversity\nConservation Act 1999 (Cwlth) (a Commonwealth listed item);\nor\n(b) an item (a State assessed item) that—\n(i) is eligible to be a listed threatened species or listed\necological community under the Environment Protection\nand Biodiversity Conservation Act 1999 (Cwlth); and\n(ii) has been assessed by a participating State as a threatened\nspecies or ecological community at a national scale, using\nthe common assessment method; or\n(c) an item that—\n(i) is either—\n(A) eligible to be included in a national category of the\nthreatened native species list; or\n\n(B) eligible to be included in the threatened ecological\ncommunities list; and\n(ii) has been assessed by the Territory as a threatened native\nspecies or threatened ecological community at a national\nscale, using the common assessment method.\nnomination means a nomination mentioned in—\n(a) section 81; or\n(b) section 83.\nparticipating State means a State that uses the common assessment\nmethod to assess a species or ecological community at a national\nscale.\npublic consultation notice—see section 84 (1).\ntransfer, an item within a list, means transfer the item from 1 category\nin the list to another category in the list.\n","sortOrder":82},{"sectionNumber":"Div 4","sectionType":"division","heading":"4.2 Including, transferring and omitting","content":"Division 4.4.2 Including, transferring and omitting\nitems in list—general\n","sortOrder":83},{"sectionNumber":"81","sectionType":"section","heading":"Nominations—public may nominate item at any time","content":"81 Nominations—public may nominate item at any time\n(1) A person may, at any time, nominate an item to be—\n(a) included in a list; or\n(b) transferred within a list; or\n(c) omitted from a list.\n(2) A nomination must—\n(a) comply with any requirements prescribed by regulation for the\nnomination; and\n(b) be given to the scientific committee.\n\n(3) A person who gives the scientific committee a nomination may, in\nwriting, withdraw the nomination at any time.\n","sortOrder":84},{"sectionNumber":"82","sectionType":"section","heading":"Nominations—scientific committee may reject","content":"82 Nominations—scientific committee may reject\nnomination\n(1) The scientific committee may reject a nomination if the scientific\ncommittee considers that—\n(a) the nomination is vexatious, frivolous or not made in good faith;\nor\n(b) a requirement prescribed by regulation for the nomination has\nnot been complied with; or\n(c) if the nomination is about including a nationally threatened item\nin, or transferring a nationally threatened item within, a list, and\nthe item is a Commonwealth listed item or a State assessed\nitem—the inclusion or transfer is more appropriately dealt with\nunder section 90A.\n(2) If the scientific committee rejects a nomination, the scientific\ncommittee must take reasonable steps to tell the person who made the\nnomination about the rejection and the reason for it.\n","sortOrder":85},{"sectionNumber":"83","sectionType":"section","heading":"Nominations—scientific committee may nominate items","content":"83 Nominations—scientific committee may nominate items\nitself\nThe scientific committee may, at any time, nominate an item to be—\n(a) included in a list; or\n(b) transferred within a list; or\n(c) omitted from a list.\n\n","sortOrder":86},{"sectionNumber":"84","sectionType":"section","heading":"Nominations—public consultation","content":"84 Nominations—public consultation\n(1) The scientific committee must prepare a notice about a nomination (a\npublic consultation notice) if the nominated item—\n(a) is a native species nominated to be included in, transferred\nwithin or omitted from a national category in the threatened\nnative species list; or\n(b) is an ecological community nominated to be included in,\ntransferred within or omitted from the threatened ecological\ncommunity list.\n(2) In any other case, the scientific committee may prepare a public\nconsultation notice about a nomination.\n(3) A public consultation notice—\n(a) must state that—\n(i) anyone may give a written submission to the scientific\ncommittee about the nomination; and\n(ii) submissions may be given to the scientific committee only\nduring the period starting on the day the public consultation\nnotice is notified under the Legislation Act and ending on\na stated day, being a day at least 6 weeks after the day it is\nnotified (the public consultation period); and\n(b) must include the nomination; and\n(c) may invite people to comment on other matters that the scientific\ncommittee considers relevant.\nNote The public consultation notice need not contain the precise location of\nthe species (see s 363).\n(4) A public consultation notice is a notifiable instrument.\n\n(5) If the scientific committee notifies a public consultation notice for a\nnomination—\n(a) anyone may give a written submission to the scientific\ncommittee about the nomination; and\n(b) the submission may be given to the scientific committee only\nduring the public consultation period for the nomination; and\n(6) The scientific committee may make arrangements for people with\nparticular communication needs to ensure they have adequate\nopportunity to comment on the nomination.\n","sortOrder":87},{"sectionNumber":"85","sectionType":"section","heading":"Nominations—scientific committee to carry out listing","content":"85 Nominations—scientific committee to carry out listing\nassessment\n(a) the scientific committee does not notify a public consultation\nnotice for a nomination under section 84 within 4 weeks after\nreceiving the nomination or nominating the item itself; or\n(b) the public consultation period for a nomination has ended.\n(2) The scientific committee must assess the nominated item (a listing\nassessment).\n(3) A listing assessment for a nominated item must assess—\n(a) whether the item is eligible for inclusion in, or transfer within, a\nlist; and\n\n(b) if eligible for inclusion or transfer—the category (if any) of the\nlist the item is eligible to be included in or transferred to.\n(4) In carrying out a listing assessment for a nominated item, the\nscientific committee must consider—\n(a) if public consultation about the item has been carried out under\nsection 84—any submissions received during the public\nconsultation period for the item; and\n(c) the effect that including, transferring or omitting the item could\nhave on the survival of the species or ecological community\nconcerned.\n(5) The scientific committee must give a listing assessment for an item\nto the Minister not later than 15 months after the end of the 4-week\nperiod, or public consultation period, mentioned in subsection (1).\n(6) However, the Minister may extend the time for giving the listing\nassessment under subsection (5).\n\n","sortOrder":88},{"sectionNumber":"87","sectionType":"section","heading":"Minister to decide whether to include, transfer or omit","content":"87 Minister to decide whether to include, transfer or omit\nitem\n(1) Not later than 3 months after the Minister receives a listing\nassessment for an item, the Minister must decide whether to—\n(a) include, or refuse to include, an item in a list under section 88;\nor\n(b) transfer, or refuse to transfer, an item within a list under\nsection 89; or\n(c) omit, or refuse to omit, an item from a list under section 90.\nNote The Minister may include certain nationally threatened items in a list\nwithout a nomination under div 4.4.3.\n(2) If the decision is to include, transfer or omit an item, the Minister\n(a) revise the list; and\n(b) prepare a final version of the list.\nNote The final version of the list is a notifiable instrument (see s 91).\n(3) The Minister must take reasonable steps to tell the following people\nabout the decision:\n(a) if the item was nominated by a person under section 81—the\nperson who made the nomination;\n(b) if a person made a submission to the scientific committee under\nsection 84—the person who made the submission.\n\n","sortOrder":89},{"sectionNumber":"88","sectionType":"section","heading":"Minister’s decision—include item","content":"88 Minister’s decision—include item\n(1) The Minister may include an item in a list, or category in a list, only\nif satisfied that the item is eligible to be included in the list or\ncategory.\n(2) In deciding whether to include an item, the Minister may only\n(c) if the item is a species or ecological community—the effect that\nincluding the item may have on the survival of the item.\n\n","sortOrder":90},{"sectionNumber":"89","sectionType":"section","heading":"Minister’s decision—transfer item","content":"89 Minister’s decision—transfer item\n(1) The Minister may transfer an item from 1 category in a list to another\ncategory in a list (the new category) only if satisfied that the item is\neligible to be included in the new category.\nNote 1 Eligibility for the threatened native species list is dealt with in s 64 and\nNote 2 There are no categories in the key threatening processes list.\n(2) In deciding whether to include an item, the Minister may only\n(b) the eligibility of the item for the new category under—\ncommunities list criteria; and\n(c) the effect that transferring the item may have on the survival of\nthe item.\n","sortOrder":91},{"sectionNumber":"90","sectionType":"section","heading":"Minister’s decision—omit item","content":"90 Minister’s decision—omit item\n(1) The Minister may omit an item from a list only if satisfied that—\n(a) the item is no longer eligible to be included in the list; or\n\n(b) for a native species or ecological community—the inclusion of\nthe item in the list is not contributing, or will not contribute, to\nthe survival of the item.\n(2) In deciding whether to omit an item from a list, the Minister may only\n(c) if the item is a species or ecological community—the effect that\nthe inclusion of the item in the list is having, or may have, on\nthe survival of the item.\n\nDivision 4.4.3 Including or transferring certain nationally threatened items\nDivision 4.4.3 Including or transferring certain\nnationally threatened items\n90A Minister may include or transfer nationally threatened\nitems without nomination\n(1) This section applies to a nationally threatened item that is a\nCommonwealth listed item or a State assessed item (a relevant item).\n(2) The Minister may, without a nomination—\n(a) include a relevant item in a list; or\n(b) transfer a relevant item from 1 category in a list to another\ncategory in a list.\n(3) Before including a relevant item in, or transferring a relevant item\nwithin, a list, the Minister must—\n(a) consult with the scientific committee; and\n(b) consider any recommendations of the scientific committee.\n(4) A relevant item may only be included in, or transferred to, a national\ncategory in a list that corresponds with—\n(a) for a Commonwealth listed item—the category in which the\nCommonwealth lists the item; and\n(b) for a State assessed item—the category in which the State\nassesses the item is eligible to be listed.\n(5) If the Minister decides to include a relevant item in, or transfer a\nrelevant item within, a list under this section, the Minister must—\n(a) revise the list; and\n(b) prepare a final version of the list.\nNote The final version of the list is a notifiable instrument (see s 91).\n\nConservation advice Division 4.4.4\n","sortOrder":92},{"sectionNumber":"90B","sectionType":"section","heading":"Conservation advice guidelines","content":"90B Conservation advice guidelines\n(1) The Minister may make guidelines (the conservation advice\nguidelines) about the preparation of a conservation advice for an\nitem, including—\n(a) information to be included in a conservation advice; and\n(b) requirements for the preparation of a conservation advice.\n(2) A guideline is a notifiable instrument.\n","sortOrder":93},{"sectionNumber":"90C","sectionType":"section","heading":"Conservation advice","content":"90C Conservation advice\n(1) The scientific committee must prepare an advice about each item\nincluded in a list (a conservation advice).\n(2) However, the scientific committee need not prepare a conservation\nadvice for an item if—\n(a) the committee adopts an advice for the item under section 90E\n(Conservation advice—adopting advice for nationally\nthreatened item); or\n(b) the item is listed in a provisional category of a threatened native\nspecies list or a threatened ecological communities list.\nNote For a nationally threatened item, an advice adopted under s 90E is the\nconservation advice.\n(3) The conservation advice must—\n(a) set out—\n(i) the grounds on which the item is eligible to be included in,\ntransferred within, or omitted from, the list; and\n(ii) the main factors that make it eligible; and\n\n(b) include anything else required to be included by a conservation\nadvice guideline.\nNote 1 The conservation advice need not contain the precise location of a species\nor community (see s 363).\nNote 2 Eligibility for the threatened native species list is dealt with in s 64 and\n(4) A conservation advice, including a conservation advice adopted\nunder section 90E, is a notifiable instrument.\n(5) However, a conservation advice must be notified within 20 days after\nthe following happens:\n(a) the Minister makes a decision to include an item on a list or\ntransfer an item within a list;\n(b) the scientific committee amends the conservation advice.\nconservation advice guidelines—see section 90B (1).\n","sortOrder":94},{"sectionNumber":"90E","sectionType":"section","heading":"Conservation advice—adopting advice for nationally","content":"90E Conservation advice—adopting advice for nationally\nthreatened item\n(1) This section applies to a nationally threatened item.\n(2) The scientific committee may adopt an advice prepared by the\nCommonwealth or a participating State for the item if the advice\ncorresponds, or substantially corresponds, with the requirements for\na conservation advice mentioned in section 90C (3).\n(3) If the scientific committee adopts an advice for the item under this\nsection, the advice is taken to be the conservation advice for the item.\n\nFinal version of list and notification Division 4.4.5\nconservation advice guidelines—see section 90B (1).\n","sortOrder":95},{"sectionNumber":"90F","sectionType":"section","heading":"Conservation advice—scientific committee to review","content":"90F Conservation advice—scientific committee to review\n(1) The scientific committee may review a conservation advice on its\nown initiative or at the conservator’s request.\n(2) Following the review of the conservation advice, the scientific\ncommittee may make amendments to the advice.\nDivision 4.4.5 Final version of list and notification\n","sortOrder":96},{"sectionNumber":"91","sectionType":"section","heading":"Final version of list and notification","content":"91 Final version of list and notification\n(1) The final version of—\n(a) a list of species prepared under section 87, section 90A or\nsection 94 is a threatened native species list; and\n(b) a list of ecological communities prepared under section 87,\nsection 90A or section 94 is a threatened ecological\ncommunities list; and\n(c) a list of processes prepared under section 87, section 90A or\nsection 94 is a key threatening processes list.\n(2) Each of the following is a notifiable instrument:\n(a) a threatened native species list;\n(b) a threatened ecological communities list;\n(c) a key threatening processes list.\n\n","sortOrder":97},{"sectionNumber":"93","sectionType":"section","heading":"What is a minor amendment?—div 4.4.6","content":"93 What is a minor amendment?—div 4.4.6\nIn this division:\nminor amendment, of a list, means an amendment to—\n(a) include a species in the threatened native species list in the\ncircumstances mentioned in section 95 (Minor amendment—\nincluding similar species); or\n(b) omit a species from the threatened native species list in the\ncircumstances mentioned in section 96 (Minor amendment—\nomitting similar species); or\n(c) transfer a species from the extinct category to the provisional\ncategory of the threatened native species list in the\ncircumstances mentioned in section 97 (Minor amendment—\nrediscovery of extinct species); or\n(d) update the name of a threatened native species or threatened\necological community; or\n(e) correct an inaccuracy.\n","sortOrder":98},{"sectionNumber":"94","sectionType":"section","heading":"Minister may make minor amendments","content":"94 Minister may make minor amendments\n(1) This section applies if the Minister considers that a minor amendment\nto a list is appropriate.\n(2) The Minister—\n(a) may prepare a new list, incorporating the minor amendments\ninto the existing list; and\n(b) need not comply with the requirements in section 84\n(Nominations—public consultation) to section 90A (Minister\nmay include or transfer nationally threatened items without\nnomination); and\n\nMinor amendments of list Division 4.4.6\n(c) may prepare a final version of the new list, as amended.\nNote The final version of the new list is a threatened native species list,\nthreatened ecological communities list, or key threatening processes list\nand is a notifiable instrument (see s 91).\n","sortOrder":99},{"sectionNumber":"95","sectionType":"section","heading":"Minor amendment—including similar species","content":"95 Minor amendment—including similar species\nappropriate if the amendment is to include a native species in a certain\ncategory of the list (the ineligible species) because—\n(a) it so closely resembles in appearance, at any stage of its\nbiological development, a species that is included in the\ncategory (the eligible species) that it is difficult to differentiate\nbetween the 2 species; and\n(b) this difficulty poses an additional threat to the eligible species;\nand\n(c) it would substantially promote the objects of this Act if the\nineligible species were included in the category.\nmust obtain and consider the advice of the scientific committee.\n(3) If an ineligible species is included in a category of the threatened\nnative species list under subsection (1) and the eligible species is—\n(a) transferred to another category of the list, the ineligible species\nis also transferred to the other category; and\n(b) omitted from the list, the ineligible species is also omitted from\nthe list.\ncertain category, of the threatened native species list, means—\n(a) critically endangered; or\n(b) endangered; or\n\n(c) vulnerable.\nNote Eligibility for critically endangered category, endangered category and\nvulnerable category (see s 64 (3) to (5)).\n","sortOrder":100},{"sectionNumber":"96","sectionType":"section","heading":"Minor amendment—omitting similar species","content":"96 Minor amendment—omitting similar species\nappropriate if the amendment is to omit an ineligible species included\nunder section 95 because its inclusion is not having a significant\nbeneficial effect on the survival of the eligible species.\nmust obtain and consider the advice of the scientific committee.\n","sortOrder":101},{"sectionNumber":"97","sectionType":"section","heading":"Minor amendment—rediscovery of extinct species","content":"97 Minor amendment—rediscovery of extinct species\nappropriate if the amendment is to transfer a species from the extinct\ncategory to the provisional category because the species has been\ndefinitely located in nature.\nneed not obtain and consider advice from the scientific committee.\n\n","sortOrder":102},{"sectionNumber":"98","sectionType":"section","heading":"Definitions—Act","content":"98 Definitions—Act\nregular migratory species means a listed migratory species that\nregularly occurs in the ACT.\nNote Listed migratory species—see the Environment Protection and\nBiodiversity Conservation Act 1999 (Cwlth), s 528.\nrelevant ecological community means the following:\n(a) a critically endangered ecological community;\n(b) an endangered ecological community;\n(c) a vulnerable ecological community.\nrelevant species means—\n(a) a regular migratory species; and\n(b) the following species, other than a species that the Minister\ndecides, under section 100A, does not need an action plan:\n(i) a critically endangered species;\n(ii) an endangered species;\n(iii) a vulnerable species;\n(iv) a regionally threatened species;\n(v) a regionally conservation dependent species.\n\n","sortOrder":103},{"sectionNumber":"99","sectionType":"section","heading":"What is an action plan?—pt 4.5","content":"99 What is an action plan?—pt 4.5\naction plan, for a relevant species, relevant ecological community or\nkey threatening process, means a plan for the species, ecological\ncommunity or process, notified under section 105 (Draft action\nplan—final version and notification).\nNote Key threatening process—see s 74.\n","sortOrder":104},{"sectionNumber":"100","sectionType":"section","heading":"What is a draft action plan?—pt 4.5","content":"100 What is a draft action plan?—pt 4.5\ndraft action plan, for a relevant species, relevant ecological\ncommunity or key threatening process—\n(a) means a draft plan that—\n(i) for a relevant species—\n(A) sets out proposals to ensure, as far as practicable, the\nidentification, protection and survival of the species;\nand\n(B) if there is a known critical habitat for the species—\nidentifies the critical habitat; and\n(C) for regular migratory species—may include maps of\npotential habitats of the species; and\n(D) may propose management strategies to ensure the\npersistence of the species; and\n(E) may state requirements for monitoring the species and\nits habitats; and\n\n(ii) for a relevant ecological community—\n(A) sets out proposals to ensure, as far as practicable, the\nidentification, protection and survival of the\n(B) if there is a known critical habitat for the\ncommunity—identifies the critical habitat; and\n(iii) for a key threatening process—sets out proposals to\nminimise any effect of the process that threatens a relevant\nspecies or relevant ecological community; and\nNote Power to make a statutory instrument includes power to make\ndifferent provision in relation to different matters or different\nclasses of matters, and to make an instrument that applies\ndifferently by reference to stated exceptions or factors (see\nExamples—instrument that may be applied, adopted or incorporated\n1 a native species conservation plan, for a native species (see s 115)\n2 a recovery plan under the Environment Protection and Biodiversity\nConservation Act 1999 (Cwlth), s 269A\n","sortOrder":105},{"sectionNumber":"100A","sectionType":"section","heading":"Minister to decide if action plan needed","content":"100A Minister to decide if action plan needed\n(1) This section applies to each of the following species (an applicable\nspecies):\n(a) a critically endangered species;\n\n(b) an endangered species;\n(c) a vulnerable species;\n(d) a regionally threatened species;\n(e) a regionally conservation dependent species.\n(2) Before an applicable species is included in, or transferred within, a\nlist, the Minister must decide whether an action plan needs to be\nprepared for the species.\n(3) In deciding whether an action plan needs to be prepared for an\napplicable species, the Minister must seek the advice of the scientific\ncommittee.\n(4) The Minister may decide that an action plan does not need to be\nprepared for an item if satisfied that—\n(a) the species does not occur in the ACT or occurs infrequently in\nthe ACT; or\n(b) having no plan will not increase the risk of extinction of the\nspecies.\nlist—see section 80.\n","sortOrder":106},{"sectionNumber":"101","sectionType":"section","heading":"Draft action plan—conservator to prepare","content":"101 Draft action plan—conservator to prepare\n(1) The conservator must prepare a draft action plan for each relevant\nspecies, relevant ecological community and key threatening process.\nNote The draft action plan need not contain the precise location of the species,\ncommunity or critical habitat (see s 363).\n(2) However, the conservator need not prepare a draft action plan—\n(a) for a species mentioned in section 100A—if the Minister has\ndecided that an action plan is not needed for the species; or\n\n(b) for a relevant species—if the species is the subject of a native\nspecies conservation plan.\n(3) In preparing a draft action plan for a relevant species or relevant\necological community, the conservator must consider—\n(a) the impact of climate change on the species or ecological\n(b) threats to the species or ecological community; and\n(c) connectivity requirements of the species or ecological\n(d) critical habitat of the species or ecological community.\nNote Critical habitat—see the dictionary.\n","sortOrder":107},{"sectionNumber":"102","sectionType":"section","heading":"Draft action plan—consultation with scientific committee","content":"102 Draft action plan—consultation with scientific committee\nIn preparing a draft action plan, the conservator must consult the\nscientific committee.\n","sortOrder":108},{"sectionNumber":"103","sectionType":"section","heading":"Draft action plan—public consultation","content":"103 Draft action plan—public consultation\n(1) If the conservator prepares a draft action plan, the conservator must\nalso prepare a notice about the draft action plan (a public consultation\nnotice).\nabout the draft action plan; and\n\n(b) include the draft action plan.\naction plan—\ncomment on the draft action plan.\n","sortOrder":109},{"sectionNumber":"104","sectionType":"section","heading":"Draft action plan—revision","content":"104 Draft action plan—revision\nIf the public consultation period for a draft action plan has ended, the\n(c) prepare a final version of the draft plan.\n\n","sortOrder":110},{"sectionNumber":"105","sectionType":"section","heading":"Draft action plan—final version and notification","content":"105 Draft action plan—final version and notification\n(1) The final version of a draft action plan prepared under section 104 or\nsection 106 is an action plan.\n(2) An action plan is a disallowable instrument.\n","sortOrder":111},{"sectionNumber":"106","sectionType":"section","heading":"Action plan—minor amendments","content":"106 Action plan—minor amendments\n(a) an action plan for a relevant species, relevant ecological\ncommunity or key threatening process is in force (the existing\n(a) may prepare a new draft action plan for the species, community\nor process, incorporating the minor amendments into the\nsection 103 (Draft action plan—public consultation); and\n(c) may prepare a final version of the new draft action plan, as\nNote The final version of the new draft action plan is an action plan and is a\ndisallowable instrument (see s 105).\n\nminor amendment, of an action plan, means an amendment that will\nimprove the effectiveness or technical efficiency of the plan without\nchanging the substance of the plan.\n","sortOrder":112},{"sectionNumber":"107","sectionType":"section","heading":"Action plan—conservator to implement","content":"107 Action plan—conservator to implement\nIf an action plan is in force for a relevant species, relevant ecological\ncommunity or key threatening process, the conservator must take\nreasonable steps to implement the plan.\n","sortOrder":113},{"sectionNumber":"108","sectionType":"section","heading":"Action plan—monitoring and review","content":"108 Action plan—monitoring and review\n(1) The conservator must—\n(a) monitor the effectiveness of an action plan; and\n(b) make the findings of the monitoring publicly accessible.\n(2) However, if the conservator considers that a species or ecological\ncommunity could be threatened by the disclosure of a particular detail\nin a finding, the conservator—\n(b) must instead include a general statement about the finding.\n(3) The conservator must report to the Minister about each action plan at\nleast once every 5 years.\n(4) The Minister must make the report publicly accessible not later than\n\n(5) The scientific committee must review an action plan—\n(a) every 10 years after the plan commences; and\n(b) at any other time at the conservator’s request.\n(6) However, the Minister may extend the time for conducting the review\nunder subsection (5) (a).\n(7) In reviewing an action plan, the scientific committee may make\nrecommendations to the conservator about the plan, including that the\nplan is no longer needed for a species.\n","sortOrder":114},{"sectionNumber":"108A","sectionType":"section","heading":"Action plan—ending action plan after review","content":"108A Action plan—ending action plan after review\n(1) This section applies if the scientific committee recommends to the\nconservator that an action plan is no longer needed for a species under\nsection 108 (7).\n(2) The conservator may request that the Minister end the action plan.\n(3) If the Minister receives a request from the conservator, the Minister\nmust decide whether to end the action plan.\n(4) In deciding whether to end the action plan, the Minister must have\nregard to the recommendation of the scientific committee.\n(5) The Minister may end the action plan if satisfied that ending the plan\nwill not increase the risk of extinction of the species the subject of the\n\n","sortOrder":115},{"sectionNumber":"Part 5","sectionType":"part","heading":"Protection of native species—","content":"Chapter 5 Protection of native species—\nconservation plans\n","sortOrder":116},{"sectionNumber":"109","sectionType":"section","heading":"What is special protection status?","content":"109 What is special protection status?\nspecial protection status—a native species has special protection\nstatus if it is—\n(a) a threatened native species; or\n(b) a listed threatened species; or\n(c) a listed migratory species.\nNote Listed migratory species—see the Environment Protection and\nBiodiversity Conservation Act 1999 (Cwlth), s 528.\nlisted threatened species—see the Environment Protection and\nBiodiversity Conservation Act 1999 (Cwlth), section 528.\nNote 1 The conservator may make a native species conservation plan for a\nspecies that has special protection status (see pt 5.3).\nNote 2 The conservator must make an action plan for regular migratory species\n(see s 101).\n\nProtected native species Part 5.2\n","sortOrder":117},{"sectionNumber":"110","sectionType":"section","heading":"What is a protected native species?","content":"110 What is a protected native species?\nprotected native species means a native species listed in the protected\n","sortOrder":118},{"sectionNumber":"111","sectionType":"section","heading":"Minister to make protected native species list","content":"111 Minister to make protected native species list\n(1) The Minister must make a list of native species that are protected\nnative species (the protected native species list).\n(2) The protected native species list must be divided into the following\ncategories:\n(a) restricted trade;\n(b) rare;\n(c) data deficient;\n(d) any other category prescribed by regulation.\n(3) The protected native species list is a notifiable instrument.\n","sortOrder":119},{"sectionNumber":"112","sectionType":"section","heading":"Protected native species list—eligibility","content":"112 Protected native species list—eligibility\n(1) A native species is eligible to be included in the restricted trade\ncategory in the protected native species list if unrestricted trade in the\nspecies is likely to have a negative impact on populations of the\nspecies in the wild.\n(2) A native species is eligible to be included in the rare category in the\nprotected native species list if—\n(a) it is not a threatened native species; and\n\n(b) it does not have special protection status; and\n(c) it is rare in the ACT.\n(3) A native species is eligible to be included in the data deficient\ncategory in the protected native species list if there is insufficient\ninformation about the species in the ACT for the species to be eligible\nto be—\n(a) a threatened native species; or\n(b) included in any other category in the protected native species\nlist.\n","sortOrder":120},{"sectionNumber":"113","sectionType":"section","heading":"Minister to develop criteria and processes for protected","content":"113 Minister to develop criteria and processes for protected\nnative species list\nspecies is eligible to be included in a category on the protected native\nspecies list (the protected native species list criteria).\n(2) The protected native species list criteria may only include scientific\n(3) In developing the protected native species list criteria, the Minister\n(a) have regard to the conservation of the species; and\n(b) consult the scientific committee.\n(4) The protected native species list criteria are a disallowable\n(5) The Minister must also develop processes to be followed in deciding\nwhether a species is to be included in a category in the protected\n(6) The processes are a disallowable instrument.\n\nProtected native species Part 5.2\n","sortOrder":121},{"sectionNumber":"114","sectionType":"section","heading":"Protected native species list criteria—review","content":"114 Protected native species list criteria—review\nconsiders that the protected native species list criteria should be\n(a) the criteria are not adequately identifying species eligible to be\nincluded in a category on the protected native species list; or\n(2) The conservator, or the scientific committee, must recommend to the\nMinister that the Minister review the protected native species list\n(a) review the protected native species list criteria under\nsection 113; or\n(b) refuse to review the protected native species list criteria.\n(4) A decision to refuse to review the protected native species list criteria,\nincluding a statement of reasons for the decision, is a notifiable\n\nPart 5.3 Native species conservation\n","sortOrder":122},{"sectionNumber":"115","sectionType":"section","heading":"What is a native species conservation plan?","content":"115 What is a native species conservation plan?\nnative species conservation plan, for a native species, means a plan\nfor the species on stated land, notified under section 122 (Draft native\nspecies conservation plan—final version and notification).\n","sortOrder":123},{"sectionNumber":"116","sectionType":"section","heading":"What is a draft native species conservation plan?—pt 5.3","content":"116 What is a draft native species conservation plan?—pt 5.3\ndraft native species conservation plan, for a native species on stated\nland—\n(a) means a draft plan detailing how the native species may be\nappropriately managed on the stated land; and\na fisheries management plan under the Fisheries Act 2000\nNote 1 The text of an applied, adopted or incorporated law or instrument,\nNote 2 A native species conservation plan may include provisions about\ncarrying on an activity that would usually require a nature\nconservation licence. If a person intends to carry on the activity\nunder a plan, the person must apply for a nature conservation\nlicence in the usual way.\n\n","sortOrder":124},{"sectionNumber":"117","sectionType":"section","heading":"Draft native species conservation plan—conservator to","content":"117 Draft native species conservation plan—conservator to\nThe conservator may prepare a draft native species conservation plan\nfor stated land for—\n(a) a native species that has special protection status; or\n(b) any other native species the conservator considers appropriate\nfor a native species conservation plan.\nNote 1 Power to make a statutory instrument includes power to make different\nNote 2 A species that is the subject of a native species conservation plan is\neligible to be included in the conservation dependent category in the\nthreatened native species list if the ending of the plan may result in the\nspecies becoming vulnerable, endangered or critically endangered (see\ns 64A (2)).\nNote 3 The draft native species conservation plan need not contain the precise\nlocation of the species (see s 363).\n","sortOrder":125},{"sectionNumber":"118","sectionType":"section","heading":"Draft native species conservation plan—consultation with","content":"118 Draft native species conservation plan—consultation with\nscientific committee\nIn preparing a draft native species conservation plan, the conservator\nmust consult the scientific committee.\n","sortOrder":126},{"sectionNumber":"119","sectionType":"section","heading":"Draft native species conservation plan—consultation with","content":"119 Draft native species conservation plan—consultation with\nlessee and custodian\n(1) In preparing a draft native species conservation plan for stated land,\nthe conservator must consult the relevant person for the stated land if\nthe plan requires the person to do or not do something.\n\n(2) However, the conservator need not consult the relevant person in\nrelation to something the person may do under the plan even though,\nif done, the thing must be done in the way stated in the plan.\nrelevant person, for stated land, means—\n","sortOrder":127},{"sectionNumber":"120","sectionType":"section","heading":"Draft native species conservation plan—public","content":"120 Draft native species conservation plan—public\n(1) If the conservator prepares a draft native species conservation plan,\nthe conservator must also prepare a notice about the draft native\nspecies conservation plan (a public consultation notice).\nabout the draft native species conservation plan; and\n(b) include the draft native species conservation plan.\nnative species conservation plan—\n\n","sortOrder":128},{"sectionNumber":"121","sectionType":"section","heading":"Draft native species conservation plan—revision","content":"121 Draft native species conservation plan—revision\nIf the public consultation period for a draft native species\nconservation plan has ended, the conservator must—\n(c) prepare a final version of the draft plan.\n","sortOrder":129},{"sectionNumber":"122","sectionType":"section","heading":"Draft native species conservation plan—final version and","content":"122 Draft native species conservation plan—final version and\n(1) The final version of a draft native species conservation plan prepared\nunder section 121 or section 123 is a native species conservation plan.\n(2) A native species conservation plan is a notifiable instrument.\n","sortOrder":130},{"sectionNumber":"123","sectionType":"section","heading":"Native species conservation plan—minor amendments","content":"123 Native species conservation plan—minor amendments\n(a) a native species conservation plan for a native species is in force\n(the existing plan); and\n\n(a) may prepare a new draft native species conservation plan for the\nnative species, incorporating the minor amendments into the\nsection 119 to section 121; and\n(c) may prepare a final version of the new draft native species\nconservation plan, as amended.\nNote The final version of the new draft native species conservation plan is a\nnative species conservation plan and is a notifiable instrument (see s 122).\nminor amendment, of a native species conservation plan, means an\namendment that will improve the effectiveness or technical efficiency\nof the plan without changing the substance of the plan.\n","sortOrder":131},{"sectionNumber":"124","sectionType":"section","heading":"Native species conservation plan—conservator etc to","content":"124 Native species conservation plan—conservator etc to\nIf a native species conservation plan is in force for a native species on\nstated land, the following people must take reasonable steps to\nimplement the plan:\n(b) if the land is leased land—the lessee of the land;\n(c) if the land is unleased land or public land—the custodian of the\n\n","sortOrder":132},{"sectionNumber":"125","sectionType":"section","heading":"Native species conservation plan—monitoring and review","content":"125 Native species conservation plan—monitoring and review\n(1) The conservator must—\n(a) monitor the effectiveness of a native species conservation plan;\nand\n(b) make the findings of the monitoring publicly accessible.\n(2) However, if the conservator considers that a species could be\nthreatened by the disclosure of a particular detail in a finding, the\n(b) must instead include a general statement about the finding.\n(3) The conservator may ask the scientific committee to review a native\nspecies conservation plan.\n(4) In reviewing a native species conservation plan, the scientific\ncommittee may make recommendations to the conservator about the\n\n","sortOrder":133},{"sectionNumber":"Part 6","sectionType":"part","heading":"Protection of native species—","content":"Chapter 6 Protection of native species—\noffences\n","sortOrder":134},{"sectionNumber":"126","sectionType":"section","heading":"Definitions—pt 6.1","content":"126 Definitions—pt 6.1\nsell includes—\n(a) sell by wholesale, retail, auction or tender; and\n(b) barter or exchange; and\n(c) supply for profit or other commercial gain; and\n(d) offer for sale, receive for sale or expose for sale; and\n(e) have in possession for sale.\ntake includes—\n(a) for an animal—harvest, catch, capture and trap; and\n(b) for a plant—harvest, pick, gather and cut.\n","sortOrder":135},{"sectionNumber":"127","sectionType":"section","heading":"Definitions—div 6.1.2","content":"127 Definitions—div 6.1.2\nIn this division:\ninterfere with an item, includes damage or destroy the item.\nnest, of an animal, includes—\n(a) a place, structure or object that is being, or has been within the\nprevious 2 years, used as a nesting place by the animal; or\n\n(b) a partially constructed nest that has not been used as a nesting\nplace by the animal.\nprohibited fruit netting means netting that has a mesh hole size\ngreater than 5mm x 5mm when fully stretched.\n","sortOrder":136},{"sectionNumber":"128","sectionType":"section","heading":"Offence—interfere with nest of native animal","content":"128 Offence—interfere with nest of native animal\n(a) interferes with—\n(b) the animal is a native animal.\nNote Interfere with an item—see s 127.\nNest, of an animal—see s 127.\n(b) the animal—\n\n","sortOrder":137},{"sectionNumber":"129","sectionType":"section","heading":"Offence—interfere with nest of native animal—endanger","content":"129 Offence—interfere with nest of native animal—endanger\nprogeny or breeding\n(b) the interference—\n(i) places the animal or its progeny in danger of death; or\n(ii) places the animal in danger of not being able to breed—\n(A) if the interference happens during the animal’s\nbreeding season—during the breeding season; or\n(B) in any other case—during the animal’s next breeding\nseason; and\nNote Interfere with an item—see s 127.\nNest, of an animal—see s 127.\nProgeny—see s (5).\n\n(b) the interference—\n(i) places the animal or its progeny in danger of death; or\n(ii) places the animal in danger of not being able to breed—\n(A) if the interference happens during the animal’s\nbreeding season—during the breeding season; or\n(B) in any other case—during the animal’s next breeding\nseason; and\n(c) the animal—\n(3) This section does not apply to a person if the person believed on\nreasonable grounds that—\n(a) the danger did not exist; or\n(b) for an offence involving interference with a nest—the thing\ninterfered with was not a nest; or\n(c) for an offence involving interference with something in the\nimmediate environment of a nest—the thing interfered with was\nnot in the immediate environment of a nest.\n\nprogeny, of an animal—\n(a) means any descendant of the animal; and\n(b) includes any animal reproductive material of the animal.\n","sortOrder":138},{"sectionNumber":"130","sectionType":"section","heading":"Offence—kill native animal","content":"130 Offence—kill native animal\n(b) the conduct causes the death of an animal; and\n(b) the conduct causes the death of an animal; and\n(c) the animal—\n\n(3) This section does not apply to a person if the death of the animal was\ncaused—\n(a) in circumstances in which the animal was a danger to the person;\nor\n(b) by an accidental collision with a motor vehicle.\nThe Murray cod is a nationally threatened species that is stocked in Canberra’s\nlakes. Fishing for Murray cod in areas and at times identified in the native species\nconservation plan for Murray cod would not be an offence.\n","sortOrder":139},{"sectionNumber":"131","sectionType":"section","heading":"Offence—injure or endanger native animal","content":"131 Offence—injure or endanger native animal\n(b) the conduct causes injury to an animal; and\n\n(b) the conduct places an animal in danger of injury or death; and\n(3) This section does not apply to a person if the injury or endangerment\nof the animal was caused—\n(a) in circumstances in which the animal was a danger to the person;\nor\n(b) by an accidental collision.\n\n","sortOrder":140},{"sectionNumber":"132","sectionType":"section","heading":"Offence—take native animal","content":"132 Offence—take native animal\n(a) the person takes an animal, whether dead or alive; and\n(b) the animal is a native animal.\nNote Take—see s 126.\n(a) the person takes an animal, whether dead or alive; and\n(b) the animal—\n(3) This section does not apply to a person if the animal is suffering from\na disease, illness or injury and the person takes the animal to give it\nto—\n(a) a conservation officer; or\n(b) a veterinary practitioner; or\n(c) someone licensed to keep the animal.\n\n","sortOrder":141},{"sectionNumber":"133","sectionType":"section","heading":"Offence—keep non-exempt animal","content":"133 Offence—keep non-exempt animal\n(a) the person keeps an animal; and\n(a) the person keeps an animal; and\n(3) This section does not apply to a person if—\n(a) the animal is suffering from a disease, illness or injury; and\n\n(b) the person keeps the animal to give it to—\n(i) a conservation officer; or\n(ii) a veterinary practitioner; or\n(iii) someone licensed to keep the animal; and\n(c) the person keeps the animal for not more than 48 hours.\n(4) A person also has the benefit of the chapter 6 exceptions for an\n","sortOrder":142},{"sectionNumber":"134","sectionType":"section","heading":"Offence—sell non-exempt animal","content":"134 Offence—sell non-exempt animal\n(a) the person sells an animal; and\n(a) the person sells an animal; and\n\n","sortOrder":143},{"sectionNumber":"135","sectionType":"section","heading":"Offence—offer to sell animal without disclosing licence","content":"135 Offence—offer to sell animal without disclosing licence\n(a) the person holds a nature conservation licence to sell an animal;\nand\n(b) the person offers to sell the animal; and\n(c) the offer does not disclose—\n(i) that the person is licensed to sell the animal; and\n(ii) the person’s licence number.\n","sortOrder":144},{"sectionNumber":"136","sectionType":"section","heading":"Offence—import non-exempt animal","content":"136 Offence—import non-exempt animal\n(a) the person imports an animal into the ACT; and\n(a) the person imports an animal into the ACT; and\n\n","sortOrder":145},{"sectionNumber":"137","sectionType":"section","heading":"Offence—export non-exempt animal","content":"137 Offence—export non-exempt animal\n(a) the person exports an animal from the ACT; and\n(a) the person exports an animal from the ACT; and\n\n","sortOrder":146},{"sectionNumber":"138","sectionType":"section","heading":"Offence—release animal from captivity","content":"138 Offence—release animal from captivity\n(1) A person commits an offence if the person releases an animal from\ncaptivity.\n(3) This section does not apply to the release of a dog or a cat if the\nrelease would not constitute an offence under the Domestic Animals\nAct 2000.\nthe defendant proves that the defendant took all reasonable\nprecautions and exercised all appropriate diligence to prevent the\ncommission of the offence.\n","sortOrder":147},{"sectionNumber":"138A","sectionType":"section","heading":"Offence—use prohibited fruit netting","content":"138A Offence—use prohibited fruit netting\n(a) the person places netting on a plant; and\n(b) the plant is on residential premises; and\n(c) the netting is prohibited fruit netting.\n(a) netting is on a plant; and\n(b) the plant is on residential premises; and\n\n(c) the person is the occupier of the premises; and\n(d) the netting is prohibited fruit netting.\n","sortOrder":148},{"sectionNumber":"138B","sectionType":"section","heading":"Offence—prohibited fruit netting retail display","content":"138B Offence—prohibited fruit netting retail display\n(a) the person displays netting for sale by retail; and\n(b) the netting is prohibited fruit netting; and\n(c) the person does not display the netting in accordance with the\ndisplay requirements for prohibited fruit netting.\n(3) For this section, the display requirements for prohibited fruit netting\nare as follows:\n(a) the display must have a sign containing the following statement:\n‘Use of this netting on residential properties is\nrestricted in the ACT as it can lead to wildlife\ninjury or death. Penalties may apply (Nature\nConservation Act 2014, section 138A)’;\n(b) the sign must be placed prominently so that it can be seen and\nread easily by a person at or near the display;\n(c) the statement on the sign must be printed in—\n(i) a colour that contrasts with the background colour of the\nsign; and\n(ii) Arial bold typeface in not less than 50 point.\n\n","sortOrder":149},{"sectionNumber":"139","sectionType":"section","heading":"Definitions—div 6.1.3","content":"139 Definitions—div 6.1.3\n(1) In this division:\nbuilt-up urban area—see the Urban Forest Act 2023, section 8.\ndamage a tree—\n(a) includes the following:\n(i) kill or destroy the tree;\n(ii) poison the tree;\n(iii) ringbark the tree (whether partially or completely);\n(iv) fell or remove the tree;\n(v) lop or pollard the tree;\n(vi) remove a hollow from the tree;\n(vii) anything else done to or in relation to the tree that—\n(A) is likely to cause it to die; or\n(B) significantly reduces its life expectancy; or\n(C) significantly and adversely affects its health, stability\nor general appearance; but\n(b) does not include any cultural heritage practice undertaken in\nrelation to the tree.\nExamples—par (a) (vii)\n1 remove, cut or break a branch of the tree\n2 contaminate soil around a protected tree by spilling chemicals or washing\ndown construction products, such as cement, on the soil\n\nnative timber—\n(a) means timber from a tree that is a native plant, whether living or\ndead; and\n(i) a standing or fallen native tree; and\n(ii) any material from a standing or fallen native tree; but\n(c) does not include a tree seedling.\nnative tree—\n(a) means a tree that is a native plant, whether living or dead; but\n(b) does not include a tree seedling.\nplant tag, for a plant, means a tag made of durable material that\ndisplays the following details:\n(a) the name of the person proposing to sell or export the plant;\n(b) the botanical name and common name (if any) of the plant.\ntree seedling means a tree that is not more than 2m high.\nhollow—see the Urban Forest Act 2023, section 14 (3).\nlop a tree means cut branches or stems of the tree between branch\nunions.\npollard a tree means remove branches of the tree to a previously\npruned or lopped point.\n","sortOrder":150},{"sectionNumber":"140","sectionType":"section","heading":"Offence—take native plant—unleased land","content":"140 Offence—take native plant—unleased land\n\n(ii) on unleased land.\nNote Take—see s 126.\n(a) the person is a public servant exercising a function as a public\nservant; or\n(b) the person is authorised to take the plant under a development\napproval under the Planning Act 2023, chapter 7; or\n(c) the person only takes seeds from the plant for domestic use; or\n(d) an exception under the Urban Forest Act 2023, section 18\n","sortOrder":151},{"sectionNumber":"141","sectionType":"section","heading":"Offence—take and sell native plant—unleased land","content":"141 Offence—take and sell native plant—unleased land\n(ii) on unleased land; and\n\n(c) the person sells the plant.\nNote Sell includes offer for sale (see s 126).\n(2) This section does not apply to a person if the plant is native timber.\nNote 1 Native timber—see s 139.\nNote 2 It is an offence to damage a native tree on unleased land (see s 144). It is\nalso an offence to take fallen native timber from unleased land (see s 146).\nNote 3 The defendant has an evidential burden in relation to the matters\n","sortOrder":152},{"sectionNumber":"142","sectionType":"section","heading":"Offence—take native plant—protected native species","content":"142 Offence—take native plant—protected native species\n(b) the plant is a protected native species.\n(2) This section does not apply to a person if the person—\n(a) is a public servant exercising a function as a public servant; or\n(b) is an occupier of land outside a built-up urban area and the\n(i) takes the plant in the course of cultivating the plant on the\nland; or\n\n(ii) takes seeds from a plant growing on the land to cultivate\nthe plant on the land; or\n(c) is an occupier of land and the plant—\n(i) is growing on the land; and\n(ii) was planted by the person; or\n(d) is an occupier of land in a built-up urban area and the plant is\ngrowing on the land; or\n(e) is an occupier of land outside a built-up urban area and the\nperson takes the plant in the course of using the land for primary\nproduction in accordance with the purpose authorised by the\nlease; or\n(f) is authorised to take the plant under a development approval\nunder the Planning Act 2023, chapter 7.\nNote 1 Built-up urban area—see s 139.\n","sortOrder":153},{"sectionNumber":"143","sectionType":"section","heading":"Offence—take native plant—special protection status","content":"143 Offence—take native plant—special protection status\n\n(2) This section does not apply to a person if the person is—\n(a) a public servant exercising a function as a public servant; or\n(b) authorised to take the plant under a development approval under\nthe Planning Act 2023, chapter 7.\n","sortOrder":154},{"sectionNumber":"144","sectionType":"section","heading":"Offence—damage native tree—unleased land","content":"144 Offence—damage native tree—unleased land\n(a) the person damages a tree; and\n(b) the tree is—\n(i) a native tree; and\n(ii) on unleased land.\nMaximum penalty: 400 penalty units.\nNote Damage, a tree includes fell the tree—see s 139.\nNative tree—see s 139.\n(a) the person is a public servant exercising a function as a public\nservant; or\n\noffence under a development approval under the Planning\nAct 2023, chapter 7; or\n(c) an exception under the Urban Forest Act 2023, section 18\n(4) In addition to the penalty that may be imposed for an offence against\nthis section, the court may order the defendant to—\n(a) make good the damage incurred; or\n(b) pay the Territory the cost of making good the damage.\n(5) The Territory may enforce an order made under subsection (4) as if it\nwere a judgment of the Magistrates Court in a civil proceeding.\n","sortOrder":155},{"sectionNumber":"145","sectionType":"section","heading":"Offence—damage native tree—leased land","content":"145 Offence—damage native tree—leased land\n(a) the person damages a tree; and\n(b) the tree is—\n(i) a native tree; and\n(ii) on leased land outside a built-up urban area.\nNote Built-up urban area—see s 139.\nDamage, a tree includes fell the tree—see s 139.\nNative tree—see s 139.\n\n(a) the tree was planted by an occupier of the land and damaged by\nan occupier of the land; or\n(b) the tree was damaged by an occupier of the land with the\nintention of using it on the land for a purpose other than sale; or\nNote Sell includes offer for sale (see s 126).\n(c) the person has a reasonable excuse; or\n(d) the person is authorised to engage in the conduct constituting the\noffence under a development approval under the Planning\nAct 2023, chapter 7; or\n(e) an exception under the Urban Forest Act 2023, section 18\n","sortOrder":156},{"sectionNumber":"146","sectionType":"section","heading":"Offence—damage or take fallen native timber","content":"146 Offence—damage or take fallen native timber\n(a) the person damages fallen timber; and\n(b) the timber—\n(i) is native timber; and\n(ii) has a diameter of more than 10cm; and\n(iii) is on unleased land.\n\n(a) the person takes fallen timber from land; and\n(b) the timber is native timber; and\n(c) the land is—\n(i) unleased land; or\n(ii) leased land outside a built-up urban area.\nNote Built-up urban area—see s 139.\nNative timber—see s 139.\nTake—see s (7).\n(3) This section does not apply to a person if the person is—\n(a) a public servant exercising a function as a public servant; or\n(b) authorised to engage in the conduct constituting the offence\nunder a development approval under the Planning Act 2023,\nchapter 7.\n(5) In addition to the penalty that may be imposed for an offence against\nsubsection (2), the court may order the defendant to—\n(a) make good the damage incurred; or\n(b) pay the Territory the cost of making good the damage.\n(6) The Territory may enforce an order made under subsection (5) as if it\nwere a judgment of the Magistrates Court in a civil proceeding.\n\ntake means—\n(a) for timber on leased land—take the timber from the land subject\nto the lease; or\n(b) for timber on unleased land—take the timber from the\nimmediate vicinity.\n","sortOrder":157},{"sectionNumber":"147","sectionType":"section","heading":"Offence—offer to sell native plant without disclosing","content":"147 Offence—offer to sell native plant without disclosing\n(a) the person holds a nature conservation licence to sell a native\nplant; and\n(b) the person offers to sell the native plant; and\n(c) the offer does not disclose—\n(i) that the person is licensed to sell the native plant; and\n(ii) the person’s licence number.\n","sortOrder":158},{"sectionNumber":"148","sectionType":"section","heading":"Offence—sell native plant—protected or special","content":"148 Offence—sell native plant—protected or special\n\n","sortOrder":159},{"sectionNumber":"149","sectionType":"section","heading":"Offence—sell native plant without plant tag—protected or","content":"149 Offence—sell native plant without plant tag—protected or\nspecial protection status\n(ii) a protected native species; and\n\n(d) a plant tag is not visibly attached to the plant at the time of sale.\nMaximum penalty: 25 penalty units.\n(ii) has special protection status; and\n(d) a plant tag is not visibly attached to the plant at the time of sale.\n","sortOrder":160},{"sectionNumber":"150","sectionType":"section","heading":"Offence—import native plant—protected or special","content":"150 Offence—import native plant—protected or special\n(a) the person imports a plant into the ACT; and\n\n(a) the person imports a plant into the ACT; and\n(3) This section does not apply to the importation of native timber into\nthe ACT.\nNote 1 Native timber—see s 139.\n","sortOrder":161},{"sectionNumber":"151","sectionType":"section","heading":"Offence—export native plant—protected or special","content":"151 Offence—export native plant—protected or special\n\n","sortOrder":162},{"sectionNumber":"152","sectionType":"section","heading":"Offence—export plant without plant tag—protected or","content":"152 Offence—export plant without plant tag—protected or\nspecial protection status\n(ii) a protected native species; and\n(d) a plant tag is not visibly attached to the plant at the time of\nexport.\nMaximum penalty: 25 penalty units.\n\n(ii) has special protection status; and\n(d) a plant tag is not visibly attached to the plant at the time of\nexport.\n","sortOrder":163},{"sectionNumber":"153","sectionType":"section","heading":"Chapter 6 exceptions","content":"153 Chapter 6 exceptions\n(1) This section applies if a person has the benefit of the chapter 6\n(a) the conduct constituting the offence is—\n(i) a restricted activity under an activities declaration and the\nperson is complying with the directions and requirements\nstated in the declaration; or\nNote Activities declaration—see s 256.\nRestricted activity—see s 256.\n(ii) undertaken in accordance with a management agreement\nunder chapter 12; or\n\nExceptions to offences Division 6.1.4\n(iii) undertaken in implementing a controlled native species\nmanagement plan under section 167 (Controlled native\nspecies management plan—conservator etc to implement);\nor\nNote Controlled native species management plan—see s 158.\n(iv) undertaken in accordance with a cultural resource\nmanagement plan; or\nNote Cultural resource management plan—see s 168A.\n(v) undertaken in accordance with a fisheries management\nplan; or\nNote Fisheries management plan—see the dictionary.\n(ii) a public unleased land permit; or\n(iii) an emergency declaration under the Biosecurity Act 2023,\nsection 38 (1) (Emergency declarations); or\n(iv) a control declaration under the Biosecurity Act 2023,\nsection 51 (1) (Control declarations); or\n(v) a licence under the Planning Act 2023, section 378\n\n(c) the person is a conservation officer exercising a function under\nNote 1 The defendant has an evidential burden in relation to the matters\n\nOther matters Part 6.2\nPart 6.2 Other matters\n","sortOrder":164},{"sectionNumber":"154","sectionType":"section","heading":"What is an exempt animal?","content":"154 What is an exempt animal?\nexempt animal means an animal for which an exempt animal\ndeclaration is in force.\n","sortOrder":165},{"sectionNumber":"155","sectionType":"section","heading":"Declarations—exempt animals","content":"155 Declarations—exempt animals\n(1) The conservator may declare a stated animal to be an exempt animal\n(an exempt animal declaration).\nNote Power to make a statutory instrument (including a regulation) includes\npower to make different provision for different categories (see\n(2) In making an exempt animal declaration, the conservator must\n(a) the need to protect native species in the ACT; and\n(b) the need to conserve the significant ecosystems of the ACT,\nNew South Wales and Australia; and\n(c) any biosecurity risk posed by the animal.\n(3) An exempt animal declaration is a disallowable instrument.\nbiosecurity risk—see the Biosecurity Act 2023, section 13.\n","sortOrder":166},{"sectionNumber":"156","sectionType":"section","heading":"Interest in native animal ends with escape","content":"156 Interest in native animal ends with escape\nIf a person holds an interest in a native animal and the animal escapes,\nthe person’s interest in the animal ends.\nNote Also, if the person held a nature conservation licence to keep the escaped\nnative animal, the licence no longer applies in relation to the animal (see\ns 276 (4)).\n\n","sortOrder":167},{"sectionNumber":"Part 7","sectionType":"part","heading":"Controlled native species","content":"Chapter 7 Controlled native species\nmanagement plans\n","sortOrder":168},{"sectionNumber":"157","sectionType":"section","heading":"What is a controlled native species?—ch 7","content":"157 What is a controlled native species?—ch 7\ncontrolled native species means a native species declared to be a\ncontrolled native species under subsection (2).\n(2) The Minister may declare a native species to be a controlled native\nspecies if satisfied that the species is having, or is likely to have, an\nunacceptable environmental, social or economic impact.\nExample—unacceptable social impact\na threatened native species poses a serious threat to human health\n(3) A declaration is a disallowable instrument.\n","sortOrder":169},{"sectionNumber":"158","sectionType":"section","heading":"What is a controlled native species management plan?","content":"158 What is a controlled native species management plan?\ncontrolled native species management plan, for a controlled native\nspecies, means a plan for the species on stated land, notified under\nsection 165 (Draft controlled native species management plan—final\nversion and notification).\n\n","sortOrder":170},{"sectionNumber":"159","sectionType":"section","heading":"What is a draft controlled native species management","content":"159 What is a draft controlled native species management\nplan?—ch 7\ndraft controlled native species management plan, for a controlled\nnative species on stated land—\n(a) means a draft plan detailing how the species may be\nappropriately managed on the stated land; and\nExamples—appropriate management\n1 prohibiting the feeding of an animal species\n2 prohibiting the propagation of a plant species\n3 best practice in relation to management of the species\na controlled native species management plan may incorporate requirements agreed\nto in a conservation agreement under the Environment Protection and Biodiversity\nConservation Act 1999 (Cwlth)\n(2) If a controlled native species management plan is inconsistent with\nan approved code of practice, or mandatory code of practice, under\nthe Animal Welfare Act 1992, the code of practice prevails to the\nextent of the inconsistency.\n\n","sortOrder":171},{"sectionNumber":"160","sectionType":"section","heading":"Draft controlled native species management plan—","content":"160 Draft controlled native species management plan—\nconservator to prepare\nThe conservator may prepare a draft controlled native species\nmanagement plan for a controlled native species on stated land.\n","sortOrder":172},{"sectionNumber":"161","sectionType":"section","heading":"Draft controlled native species management plan—","content":"161 Draft controlled native species management plan—\nconsultation with lessee and custodian\n(1) In preparing a draft controlled native species management plan for a\ncontrolled native species on stated land, the conservator must consult\nthe relevant person for the stated land if the plan requires the relevant\nperson to do or not do something.\n(2) However, the conservator need not consult the relevant person in\nrelation to something the person may do under the plan even though,\nif done, the thing must be done in the way stated in the plan.\nrelevant person, for stated land, means—\n","sortOrder":173},{"sectionNumber":"162","sectionType":"section","heading":"Draft controlled native species management plan—public","content":"162 Draft controlled native species management plan—public\n(1) If the conservator prepares a draft controlled native species\nmanagement plan, the conservator must also prepare a notice about\nthe draft plan (a public consultation notice).\n\nabout the draft controlled native species management plan;\nand\n(b) include the draft controlled native species management plan.\ncontrolled native species management plan—\n\n","sortOrder":174},{"sectionNumber":"163","sectionType":"section","heading":"Draft controlled native species management plan—","content":"163 Draft controlled native species management plan—\nrevision\nIf the public consultation period for a draft controlled native species\nmanagement plan has ended, the conservator must—\n(b) make any revisions to the plan that the conservator considers\nappropriate; and\n(c) prepare a final version of the plan.\n","sortOrder":175},{"sectionNumber":"164","sectionType":"section","heading":"Draft controlled native species management plan—","content":"164 Draft controlled native species management plan—\nemergencies\n(1) This section applies if the conservator—\n(a) is preparing a draft controlled native species management plan\nfor a controlled native species; and\n(b) considers that the situation is an emergency.\n(a) need not comply with the consultation requirements in\nsection 162 (Draft controlled native species management plan—\npublic consultation); and\n(b) may prepare a final version of the draft controlled native species\nNote The final version of a draft controlled native species management plan is\na controlled native species management plan and is a disallowable\ninstrument (see s 165).\n\n","sortOrder":176},{"sectionNumber":"165","sectionType":"section","heading":"Draft controlled native species management plan—final","content":"165 Draft controlled native species management plan—final\nversion and notification\n(1) The final version of a draft controlled native species management\nplan prepared under section 163, section 164 or section 166 is a\ncontrolled native species management plan.\n(2) A controlled native species management plan is a disallowable\n","sortOrder":177},{"sectionNumber":"166","sectionType":"section","heading":"Controlled native species management plan—minor","content":"166 Controlled native species management plan—minor\namendments\n(a) a controlled native species management plan for a controlled\nnative species is in force (the existing plan); and\n(a) may prepare a new draft controlled native species management\nplan for the controlled native species, incorporating the minor\namendments into the existing plan; and\nsection 162 (Draft controlled native species management plan—\npublic consultation); and\n(c) may prepare a final version of the new draft controlled native\nspecies management plan, as amended.\nNote The final version of the new draft controlled native species management\nplan is a controlled native species management plan and is a disallowable\ninstrument (see s 165).\n\nminor amendment, of a controlled native species management plan,\n","sortOrder":178},{"sectionNumber":"167","sectionType":"section","heading":"Controlled native species management plan—","content":"167 Controlled native species management plan—\nconservator etc to implement\n(1) If a controlled native species management plan is in force for a\ncontrolled native species on stated land, the following people must\ntake reasonable steps to implement the plan:\n(2) In implementing the plan, the conservator or the custodian may\nauthorise another person to take action to implement the plan.\nprovision in relation to different matters or different classes of matters\n(see Legislation Act, s 48).\n(3) An authorisation under subsection (2) must—\n(b) state—\n(i) the authorised person; and\n(ii) the authorised action; and\ndispersing a camp of grey-headed flying foxes\n\n(iii) any conditions that apply to the action; and\nshooting of wildlife may only be done at night and in accordance with\nthe animal welfare guidelines\n(iv) the period of time that the authorisation is in force.\n","sortOrder":179},{"sectionNumber":"168","sectionType":"section","heading":"Controlled native species management plan—monitoring","content":"168 Controlled native species management plan—monitoring\nand review\n(1) The conservator must monitor the effectiveness of a controlled native\nspecies management plan.\n(2) The conservator must review each controlled native species\nmanagement plan at least once every 5 years.\n\n","sortOrder":180},{"sectionNumber":"Part 7A","sectionType":"part","heading":"Cultural resource management","content":"Chapter 7A Cultural resource management\nplan\n","sortOrder":181},{"sectionNumber":"168A","sectionType":"section","heading":"Meaning of cultural resource management plan","content":"168A Meaning of cultural resource management plan\ncultural resource management plan—\n(a) means a plan about access to land and resources for cultural use;\nand\na fisheries management plan under the Fisheries Act 2000\n","sortOrder":182},{"sectionNumber":"168B","sectionType":"section","heading":"Preparation of draft cultural resource management plan","content":"168B Preparation of draft cultural resource management plan\n(1) In preparing a draft cultural resource management plan that relates to\nan area of land, the conservator must—\n(a) develop the plan in partnership with any person who is a\nNgunnawal traditional custodian; and\n(b) consult the United Ngunnawal Elders Council; and\n(c) consult the relevant person for the stated land; and\n(d) consider any relevant requirements under the territory plan.\n\nCultural resource management plan Chapter 7A\nrelevant person, for land, means—\n","sortOrder":183},{"sectionNumber":"168C","sectionType":"section","heading":"Draft cultural resource management plan—revision and","content":"168C Draft cultural resource management plan—revision and\n(1) If the conservator has completed consultation under section 168B for\na draft cultural resource management plan, the conservator must—\n(a) consider any submissions received during the consultation; and\n(2) The conservator must then submit the plan to the Minister for\napproval.\n","sortOrder":184},{"sectionNumber":"168D","sectionType":"section","heading":"Draft cultural resource management plan—Minister to","content":"168D Draft cultural resource management plan—Minister to\napprove, return or reject\n(1) If the conservator submits a cultural resource management plan to the\n(b) return the plan to the conservator and direct the conservator to\ntake 1 or more of the following actions in relation to it:\n(iii) revise the plan in a stated way; or\n(c) reject the plan.\n\n(2) A cultural resource management plan approved by the Minister is a\ndisallowable instrument.\nNote Minor amendments may be made to the plan under s 168F.\n","sortOrder":185},{"sectionNumber":"168E","sectionType":"section","heading":"Draft cultural resource management plan—Minister’s","content":"168E Draft cultural resource management plan—Minister’s\ndirection to revise etc\nunder section 168D (1) (b).\n(3) The Minister must decide, under section 168C, what to do with the\n","sortOrder":186},{"sectionNumber":"168F","sectionType":"section","heading":"Cultural resource management plan—minor amendments","content":"168F Cultural resource management plan—minor amendments\n(a) a cultural resource management plan is in force (the existing\n(a) may prepare a new draft cultural resource management plan,\nincorporating the minor amendments into the existing plan; and\n(b) need not comply with the requirements in sections 168B to\n168D; and\n(c) may make the cultural resource management plan, as amended.\n(3) An amended cultural resource management plan made by the\nconservator is a disallowable instrument.\n\nCultural resource management plan Chapter 7A\nminor amendment, of a cultural resource management plan, means\nan amendment that will improve the effectiveness or technical\n","sortOrder":187},{"sectionNumber":"168G","sectionType":"section","heading":"Cultural resource management plan—conservator to","content":"168G Cultural resource management plan—conservator to\n(1) If a cultural resource management plan is in force, the conservator\nmust take reasonable steps to implement the plan.\n(2) In implementing the plan, the conservator may authorise another\nperson to take action to implement the plan.\n","sortOrder":188},{"sectionNumber":"168H","sectionType":"section","heading":"Cultural resource management plan—reporting","content":"168H Cultural resource management plan—reporting\n(1) The conservator must report to the Minister about the cultural\nresource management plan at least once every 5 years.\n(2) The Minister must consider the report and may take any action the\nMinister considers appropriate.\n(3) The Minister may make the report publicly accessible not later than\n","sortOrder":189},{"sectionNumber":"168I","sectionType":"section","heading":"Cultural resource management plan—review","content":"168I Cultural resource management plan—review\n(1) The conservator must review the cultural resource management plan\non request from—\n(a) the Human Rights Commissioner; or\n\n(b) the Minister.\n(2) In conducting the review, the conservator must consult with the\nfollowing in relation to any land mentioned in the plan:\n(a) any person who is a Ngunnawal traditional custodian;\n(b) a relevant person under section 168B.\n(3) After completing the review, the conservator—\n(a) must report to the Minister about the review; and\n(b) may provide the Minister with a recommendation regarding the\n(4) A recommendation must be accompanied by a report setting out any\nissues raised under the review.\n(5) If the conservator makes a recommendation to the Minister, the\nMinister must respond to the conservator about the recommendation.\n\nDefinitions Part 8.1\n","sortOrder":190},{"sectionNumber":"Part 8","sectionType":"part","heading":"Reserves—management","content":"Chapter 8 Reserves—management\nplanning\n","sortOrder":191},{"sectionNumber":"169","sectionType":"section","heading":"What is a reserve?—Act","content":"169 What is a reserve?—Act\nreserve—\n(a) means—\n(i) a wilderness area; and\n(ii) a national park; and\n(iii) a nature reserve; and\n(iv) a catchment area; and\n(b) includes any other area of public land that is—\n(i) reserved in the territory plan under the Planning Act 2023,\nsection 385 (Reserved areas of public land); and\n(ii) prescribed by regulation to be a reserve; but\n(c) does not include an area prescribed by regulation as excluded\nfrom a reserve.\ncatchment area means an area of public land reserved in the territory\nplan for the protection of water supply under the Planning Act 2023,\nsection 385 (g).\nnational park means an area of public land reserved in the territory\nplan for a national park under the Planning Act 2023, section 385 (b).\n\nnature reserve means an area of public land reserved in the territory\nplan for a nature reserve under the Planning Act 2023,\nsection 385 (c).\n","sortOrder":192},{"sectionNumber":"170","sectionType":"section","heading":"What is a wilderness area?—Act","content":"170 What is a wilderness area?—Act\nwilderness area means an area of public land reserved in the territory\nplan for a wilderness area under the Planning Act 2023,\nsection 385 (a).\n\nIUCN categories for reserves Part 8.2\nNote IUCN refers to the International Union for Conservation of Nature.\n","sortOrder":193},{"sectionNumber":"171","sectionType":"section","heading":"What is an IUCN category for a reserve?—pt 8.2","content":"171 What is an IUCN category for a reserve?—pt 8.2\nIUCN category—see the Environment Protection and Biodiversity\nConservation Act 1999 (Cwlth), section 346 (1) (Content of\nProclamation declaring Commonwealth reserve).\n","sortOrder":194},{"sectionNumber":"172","sectionType":"section","heading":"Assignment of reserves to IUCN categories","content":"172 Assignment of reserves to IUCN categories\n(1) The conservator may assign a reserve to an IUCN category.\n(2) The conservator may divide a reserve into parts (zones) and assign\neach zone to an IUCN category.\n(3) Before the conservator assigns a reserve or zone to an IUCN category,\nthe conservator must—\n(a) be satisfied that the reserve or zone—\n(i) has the characteristics (if any) prescribed by regulation for\nthe category; and\n(ii) meets the criteria (if any) prescribed by regulation for the\ncategory; and\n(iii) will be managed in accordance with the IUCN reserve\nmanagement objectives for the category; and\n(b) consult the custodian of the reserve.\n(4) An assignment of a reserve or zone to an IUCN category is a\n","sortOrder":195},{"sectionNumber":"173","sectionType":"section","heading":"IUCN reserve management objectives","content":"173 IUCN reserve management objectives\nA regulation may prescribe objectives for each IUCN category (the\nIUCN reserve management objectives).\n\n","sortOrder":196},{"sectionNumber":"174","sectionType":"section","heading":"Management of reserve assigned to IUCN category if no","content":"174 Management of reserve assigned to IUCN category if no\nreserve management plan\n(a) there is no reserve management plan in force for a reserve; but\n(b) the reserve, or a zone of the reserve, has been assigned by the\nconservator to an IUCN category.\n(2) If the reserve has been assigned to an IUCN category, the custodian\nof the reserve must manage the reserve in accordance with the IUCN\nreserve management objectives for the IUCN category to which the\nreserve is assigned.\n(3) If a zone of the reserve has been assigned to an IUCN category, the\ncustodian of the zone must manage the zone in accordance with the\nIUCN reserve management objectives for the IUCN category to\nwhich the zone is assigned.\nNote The land must also be managed in accordance with the management\nobjectives for the land and any management plan for the land (see\nPlanning Act 2023, s 386).\n\nNote Under the Planning Act 2023, s 386 (b), each area of public land\nidentified in the territory plan must be managed in accordance with the\npublic land management plan for the area. If the area is a reserve, the\npublic land management plan is a reserve management plan for the area\nunder this part (see Planning Act 2023, s 388 (1), def public land\nmanagement plan, par (a)).\n","sortOrder":197},{"sectionNumber":"175","sectionType":"section","heading":"What is a reserve management plan?","content":"175 What is a reserve management plan?\nreserve management plan, for a reserve—\n(a) means a plan for the reserve, notified under section 184 (Draft\nreserve management plan—Minister’s approval and\nnotification); and\n(b) if the reserve includes a Ramsar wetland—includes a Ramsar\nwetlands management plan for the wetland.\nRamsar wetland management plan, for a Ramsar wetland—see s 191.\n","sortOrder":198},{"sectionNumber":"176","sectionType":"section","heading":"What is a draft reserve management plan?—pt 8.3","content":"176 What is a draft reserve management plan?—pt 8.3\ndraft reserve management plan, for a reserve, means a draft\nmanagement plan for the reserve that—\n(a) identifies the reserve; and\n(b) describes how the planning and development management\nobjectives for the reserve are to be implemented or promoted in\nthe reserve; and\nNote Planning and development management objectives—see the\n\n(c) for a reserve or zone that is assigned to an IUCN category—\n(i) is consistent with the IUCN reserve management\nobjectives for the category; and\n(ii) describes how the IUCN reserve management objectives\nfor the reserve are to be implemented or promoted in the\nreserve or zone.\nNote IUCN category, for a reserve—see s 171.\n","sortOrder":199},{"sectionNumber":"177","sectionType":"section","heading":"Draft reserve management plan—custodian to prepare","content":"177 Draft reserve management plan—custodian to prepare\n(1) The custodian of a reserve must prepare a draft reserve management\nplan for the reserve.\n(2) In preparing a draft reserve management plan, the custodian must\nconsult—\n(b) the territory planning authority.\n","sortOrder":200},{"sectionNumber":"179","sectionType":"section","heading":"Draft reserve management plan—public consultation","content":"179 Draft reserve management plan—public consultation\n(1) If the custodian of a reserve prepares a draft reserve management plan\nfor the reserve, the custodian must also prepare a notice about the\ndraft reserve management plan (a public consultation notice).\n(i) anyone may give a written submission to the custodian of\nthe reserve about the draft reserve management plan; and\n\n(ii) submissions may be given to the custodian only during the\nperiod starting on the day the public consultation notice is\nnotified under the Legislation Act and ending on a stated\n(b) include the draft reserve management plan.\n(4) If the custodian of a reserve notifies a public consultation notice for a\ndraft reserve management plan—\n(a) anyone may give a written submission to the custodian about the\ndraft plan; and\n(b) the submission may be given to the custodian only during the\n(5) The custodian may make arrangements for people with particular\n","sortOrder":201},{"sectionNumber":"180","sectionType":"section","heading":"Draft reserve management plan—revision and","content":"180 Draft reserve management plan—revision and\n(1) If the public consultation period for a draft reserve management plan\nhas ended, the custodian of the reserve must—\n(b) make any revisions to the draft plan that the custodian considers\nappropriate.\n(2) The custodian of the reserve must then submit the draft plan to the\n\n(3) The submission must be accompanied by a report—\n(a) setting out the issues raised in any submissions given to the\ncustodian during the public consultation period for the draft\nplan; and\n(b) if the conservator or the territory planning authority made a\nsubmission during the public consultation period recommending\na change to the draft plan and the custodian did not revise the\ndraft plan to incorporate the change—explaining why the\ncustodian did not make the recommended change.\n","sortOrder":202},{"sectionNumber":"181","sectionType":"section","heading":"Draft reserve management plan—referral to Legislative","content":"181 Draft reserve management plan—referral to Legislative\nAssembly committee\n(1) This section applies if the custodian of a reserve submits a draft\nreserve management plan to the Minister for approval.\n(2) The Minister must, not later than 5 working days after the day the\nMinister receives the draft plan, refer the following to the relevant\nAssembly committee:\n(a) the draft plan;\n(b) the report mentioned in section 180 (3).\n(3) The committee must consider the draft plan and report and either—\n(a) recommend that the Minister approves the draft plan; or\n(b) make another recommendation about the draft plan.\n(4) The committee must tell the Minister about the recommendation and\nrefer the matter back to the Minister.\n","sortOrder":203},{"sectionNumber":"182","sectionType":"section","heading":"Draft reserve management plan—committee to report","content":"182 Draft reserve management plan—committee to report\n(1) This section applies if the Minister has referred a draft plan to the\nrelevant Assembly committee under section 181.\n\n(2) The Minister must not take action under section 183 in relation to the\ndraft plan until—\n(a) the committee has referred the draft plan back to the Minister\nunder section 181 (4); or\n(b) 6 months after the day the draft plan was given to the committee.\n(3) If the committee has not referred the draft plan back to the Minister 6\nmonths after the day the draft plan was given to the committee, the\nMinister may take action under section 183 in relation to the draft\n(4) After the committee refers the draft plan back to the Minister, the\nMinister must take action under section 183 in relation to the draft\n","sortOrder":204},{"sectionNumber":"183","sectionType":"section","heading":"Draft reserve management plan—Minister to approve,","content":"183 Draft reserve management plan—Minister to approve,\nreturn or reject\n(a) a Legislative Assembly committee refers a draft plan back to the\nMinister under section 181 (4); or\n(b) the Minister may take action under section 182 (3); or\n(c) a custodian resubmits a draft plan to the Minister under\nsection 185 (Draft reserve management plan—Minister’s\ndirection to revise etc).\n(2) If the Legislative Assembly committee has made a recommendation\nabout the draft plan, the Minister must consider the recommendation.\n(3) The Minister must, not later than the required time—\n(a) approve the draft plan; or\n(b) return the draft plan to the custodian and direct the custodian to\ntake 1 or more of the following actions in relation to it:\n\n(i) if the Legislative Assembly committee has made a\nrecommendation about the draft plan—consider the\nrecommendation;\n(ii) carry out stated further consultation;\n(iii) consider a revision suggested by the Minister;\n(iv) revise the draft plan in a stated way; or\n(c) reject the draft plan.\nrequired time means 45 working days after—\n(a) if subsection (1) (a) applies—the day the committee tells the\nMinister about the recommendation under section 181 (4); or\n(b) if subsection (1) (b) applies—the end of the 6-month period\nmentioned in section 182 (3); or\n(c) if subsection (1) (c) applies—the day the custodian resubmits\nthe plan to the Minister.\n","sortOrder":205},{"sectionNumber":"184","sectionType":"section","heading":"Draft reserve management plan—Minister’s approval and","content":"184 Draft reserve management plan—Minister’s approval and\n(1) A draft reserve management plan approved by the Minister under\nsection 183 (3) (a) or section 187 (3) (a) is a reserve management\n(2) A reserve management plan is a disallowable instrument.\nNote Minor amendments may be made to the plan under s 187.\n","sortOrder":206},{"sectionNumber":"185","sectionType":"section","heading":"Draft reserve management plan—Minister’s direction to","content":"185 Draft reserve management plan—Minister’s direction to\nrevise etc\n(1) This section applies if the Minister gives the custodian of a reserve a\ndirection under section 183 (3) (b).\n\n(2) The custodian must—\n(3) The Minister must decide, under section 183, what to do with the\n","sortOrder":207},{"sectionNumber":"186","sectionType":"section","heading":"Draft reserve management plan—Minister’s rejection","content":"186 Draft reserve management plan—Minister’s rejection\n(1) If the Minister rejects a draft reserve management plan under\nsection 183 (3) (c), the Minister must prepare a notice stating that the\ndraft plan is rejected (a rejection notice).\n","sortOrder":208},{"sectionNumber":"187","sectionType":"section","heading":"Reserve management plan—minor amendments","content":"187 Reserve management plan—minor amendments\n(a) a reserve management plan for a reserve is in force (the existing\n(b) the custodian considers that minor amendments to the existing\n(2) The custodian—\n(a) may prepare a new draft reserve management plan for the\nreserve, incorporating the minor amendments into the existing\nplan; and\n(c) may submit the new draft reserve management plan to the\n(3) If the custodian submits a new draft reserve management plan to the\n\n(b) reject the plan.\nNote The new draft reserve management plan approved by the Minister is a\nreserve management plan and is a disallowable instrument (see s 184).\nminor amendment, of a reserve management plan for a reserve,\n","sortOrder":209},{"sectionNumber":"188","sectionType":"section","heading":"Reserve management plan—custodian to implement","content":"188 Reserve management plan—custodian to implement\nIf a reserve management plan is in force for a reserve, the custodian\nof the reserve must take reasonable steps to implement the plan.\n","sortOrder":210},{"sectionNumber":"189","sectionType":"section","heading":"Reserve management plan—review","content":"189 Reserve management plan—review\n(1) This section applies if a reserve management plan is in force for a\nreserve.\n(2) The custodian of the reserve must report to the Minister about the\nimplementation of the plan at least once every 5 years.\n(3) The custodian of the reserve must review the plan—\n(a) every 10 years after the plan commences; and\n(b) at any other time at the Minister’s request.\n(4) However, the Minister may extend the time for conducting a review\nunder subsection (3) (a).\n\n(5) In carrying out a review, the custodian of the reserve must—\n(a) undertake public consultation in accordance with section 179\n(Draft reserve management plan—public consultation) as if a\nreference to a draft reserve management plan were a reference\nto the reserve management plan under review; and\n(b) consider any submissions received during the public\nconsultation period.\n\nPart 8.4 Ramsar wetlands management\nNote Ramsar wetlands are wetlands of international importance.\n","sortOrder":211},{"sectionNumber":"190","sectionType":"section","heading":"What is a Ramsar wetland?","content":"190 What is a Ramsar wetland?\nRamsar wetland means a declared Ramsar wetland.\ndeclared Ramsar wetland—see the Environment Protection and\nBiodiversity Conservation Act 1999 (Cwlth), section 17 (What is a\ndeclared Ramsar wetland?).\n","sortOrder":212},{"sectionNumber":"191","sectionType":"section","heading":"What is a Ramsar wetland management plan?","content":"191 What is a Ramsar wetland management plan?\nRamsar wetland management plan, for a Ramsar wetland, means a\nplan for the wetland notified under section 198 (Draft Ramsar\nwetland management plan—Minister’s approval and notification).\n","sortOrder":213},{"sectionNumber":"192","sectionType":"section","heading":"What is a draft Ramsar wetland management","content":"192 What is a draft Ramsar wetland management\nplan?—pt 8.4\n(1) In this part:\ndraft Ramsar wetland management plan, for a Ramsar wetland—\n(a) means a draft plan detailing how the Ramsar wetland, and its\nsurrounding area, is to be managed to preserve and protect the\necological character of the Ramsar wetland; and\nNote Power to make a statutory instrument includes power to make\ndifferent provision in relation to different matters or different\nclasses of matters, and to make an instrument that applies\ndifferently by reference to stated exceptions or factors (see\n\necological character—see the Environment Protection and\nBiodiversity Conservation Act 1999 (Cwlth), section 16 (3)\n(Requirement for approval of activities with a significant impact on a\ndeclared Ramsar wetland).\n","sortOrder":214},{"sectionNumber":"193","sectionType":"section","heading":"Draft Ramsar wetland management plan—conservator to","content":"193 Draft Ramsar wetland management plan—conservator to\nThe conservator may prepare a draft Ramsar wetland management\nplan for a Ramsar wetland.\n","sortOrder":215},{"sectionNumber":"194","sectionType":"section","heading":"Draft Ramsar wetland management plan—consultation","content":"194 Draft Ramsar wetland management plan—consultation\nwith Commonwealth and custodian\nIn preparing a draft Ramsar wetland management plan, the\nconservator must consult—\n(a) the Commonwealth Minister responsible for administering the\nEnvironment Protection and Biodiversity Conservation\nAct 1999 (Cwlth); and\n(b) if the Ramsar wetland is located on unleased land or public\nland—the custodian of each area of land where the wetland is\nlocated.\n\n","sortOrder":216},{"sectionNumber":"195","sectionType":"section","heading":"Draft Ramsar wetland management plan—public","content":"195 Draft Ramsar wetland management plan—public\n(1) If the conservator prepares a draft Ramsar wetland management plan,\nthe conservator must also prepare a notice about the draft Ramsar\nwetland management plan (a public consultation notice).\nabout the draft Ramsar wetland management plan; and\n(b) include the draft Ramsar wetland management plan.\nRamsar wetland management plan—\n\n","sortOrder":217},{"sectionNumber":"196","sectionType":"section","heading":"Draft Ramsar wetland management plan—revision and","content":"196 Draft Ramsar wetland management plan—revision and\n(1) If the public consultation period for a draft Ramsar wetland\nmanagement plan has ended, the conservator must—\n(2) The conservator must then submit the draft plan to the Minister for\napproval.\n(3) The submission must be accompanied by a report setting out the\npublic consultation period for the draft plan.\n","sortOrder":218},{"sectionNumber":"197","sectionType":"section","heading":"Draft Ramsar wetland management plan—Minister to","content":"197 Draft Ramsar wetland management plan—Minister to\napprove, return or reject\nIf the conservator submits a draft Ramsar wetland management plan\nto the Minister for approval, the Minister must, not later than 45 days\nafter receiving the submission—\n(a) approve the draft plan; or\n(b) return the draft plan to the conservator and direct the conservator\nto take 1 or more of the following actions in relation to it:\n(iii) revise the draft plan in a stated way; or\n(c) reject the draft plan.\n\n","sortOrder":219},{"sectionNumber":"198","sectionType":"section","heading":"Draft Ramsar wetland management plan—Minister’s","content":"198 Draft Ramsar wetland management plan—Minister’s\napproval and notification\n(1) A draft Ramsar wetland management plan approved by the Minister\nunder section 197 (a) or section 201 (3) is a Ramsar wetland\n(2) A Ramsar wetland management plan is a disallowable instrument.\nNote Minor amendments may be made to the Ramsar wetland management\nplan under s 201.\n","sortOrder":220},{"sectionNumber":"199","sectionType":"section","heading":"Draft Ramsar wetland management plan—Minister’s","content":"199 Draft Ramsar wetland management plan—Minister’s\ndirection to revise etc\nunder section 197 (b).\n(3) The Minister must decide, under section 197, what to do with the\n","sortOrder":221},{"sectionNumber":"200","sectionType":"section","heading":"Draft Ramsar wetland management plan—Minister’s","content":"200 Draft Ramsar wetland management plan—Minister’s\nrejection\n(1) If the Minister rejects a draft nature conservation Ramsar wetland\nmanagement plan under section 197 (c), the Minister must prepare a\nnotice stating that the draft plan is rejected (a rejection notice).\n","sortOrder":222},{"sectionNumber":"201","sectionType":"section","heading":"Ramsar wetland management plan—minor amendments","content":"201 Ramsar wetland management plan—minor amendments\n(a) a Ramsar wetland management plan for a Ramsar wetland is in\nforce (the existing plan); and\n\n(a) may prepare a new draft Ramsar wetland management plan for\nthe wetland, incorporating the minor amendments into the\n(c) may submit the new draft Ramsar wetland management plan to\nthe Minister for approval.\n(3) If the conservator submits a new draft Ramsar wetland management\nplan to the Minister for approval, the Minister must—\n(b) reject the plan.\nNote The new draft Ramsar wetland management plan approved by the\nMinister is a Ramsar wetland management plan and is a disallowable\ninstrument (see s 198).\nminor amendment, of a Ramsar wetland management plan, means an\namendment that will improve the effectiveness or technical efficiency\nof the plan without changing the substance of the plan.\n\n","sortOrder":223},{"sectionNumber":"202","sectionType":"section","heading":"Ramsar wetland management plan—conservator etc to","content":"202 Ramsar wetland management plan—conservator etc to\nIf a Ramsar wetland management plan is in force for a Ramsar\nwetland, the following people must take reasonable steps to\nimplement the plan:\n(b) if the Ramsar wetland is located on unleased land or public\nland—the custodian of each area of land where the wetland is\nlocated.\n","sortOrder":224},{"sectionNumber":"203","sectionType":"section","heading":"Ramsar wetland management plan—monitoring and","content":"203 Ramsar wetland management plan—monitoring and\nreview\n(1) The conservator must monitor the effectiveness of a Ramsar wetland\n(2) The conservator must report to the Minister about each Ramsar\nwetland management plan at least once every 7 years.\n\nPart 8.5 Access to biological resources in\nreserves\n","sortOrder":225},{"sectionNumber":"204","sectionType":"section","heading":"What are biological resources?—pt 8.5","content":"204 What are biological resources?—pt 8.5\nbiological resources includes—\n(a) genetic resources; and\n(b) organisms or parts of organisms; and\n(c) populations of species or ecological communities; and\n(d) any other biotic component of an ecosystem with actual or\npotential use or value for humanity.\n","sortOrder":226},{"sectionNumber":"205","sectionType":"section","heading":"What are genetic resources?—pt 8.5","content":"205 What are genetic resources?—pt 8.5\ngenetic resources means—\n(a) any material of plant, animal, microbial or other origin that\ncontains functional units of heredity; and\n(b) has actual or potential value for humanity.\n","sortOrder":227},{"sectionNumber":"206","sectionType":"section","heading":"Who is an access provider?—pt 8.5","content":"206 Who is an access provider?—pt 8.5\naccess provider, for biological resources in a reserve means—\n(a) the Territory; and\n(b) if native title exists in relation to the reserve—the native title\nholders for the reserve.\n\n","sortOrder":228},{"sectionNumber":"207","sectionType":"section","heading":"What is accessing biological resources?—pt 8.5","content":"207 What is accessing biological resources?—pt 8.5\n(1) In this part:\naccessing biological resources—\n(a) means taking biological resources of native species for research\nand development on any genetic resources, or biochemical\ncompounds, comprising or contained in the biological resources;\nbut\n1 collecting living material for taxonomic research\n2 analysing and sampling stored material for potential commercial\nproduct development\n(b) does not include the following activities:\n(i) Aboriginal or Torres Strait Islander people taking\nbiological resources—\n(A) for a purpose other than a purpose mentioned in\nparagraph (a); and\n(B) in the exercise of their native title rights and interests;\n(ii) accessing human remains;\n(iii) taking biological resources that have been cultivated or\ntended for a purpose other than a purpose mentioned in\nparagraph (a);\n(iv) taking public resources for a purpose other than a purpose\nmentioned in paragraph (a);\n(v) taking a biological resource that is a genetically modified\norganism;\n(vi) accessing biological resources mentioned in a declaration\nunder section 208.\n\n(2) A person is taken to have access to biological resources if there is a\nreasonable prospect that biological resources taken by the person will\nbe subject to research and development on any genetic resources, or\nbiochemical compounds, comprising or contained in the biological\nresources.\ngenetically modified organism—see the Gene Technology Act 2003,\ntaking public resources includes the following activities:\n(a) fishing for commerce or recreation;\n(b) collecting broodstock for aquaculture;\n(c) harvesting wildflowers;\n(d) taking wild animals or plants for food;\n(e) collecting peat or firewood;\n(f) taking essential oils from wild plants;\n(g) collecting plant reproductive material for propagation;\n(h) commercial forestry.\n","sortOrder":229},{"sectionNumber":"208","sectionType":"section","heading":"Application—certain biological resources","content":"208 Application—certain biological resources\n(1) The conservator may declare that this part does not apply to stated\nbiological resources or a stated collection of biological resources\n(including future additions to the collection) if—\n(a) the resources are held as specimens away from their natural\nenvironment by the Territory or a territory authority and the\nconservator has reasonable grounds to believe that access to the\nresources is in a way that is consistent with this part; or\n\n(b) the conservator has reasonable grounds to believe that—\n(i) access to the resources is under a law in force in the\nTerritory; or\n(ii) access to the resources is under a law (other than a\nCommonwealth law) in force in a State and, if the\ndeclaration is made, access to the resources would be in a\nway that is consistent with this part; or\n(c) use of the resources is required to be controlled under any\ninternational agreement to which Australia is a party.\nExample—international agreement to which Australia is a party\nthe International Treaty on Plant Genetic Resources for Food and Agriculture\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n(2) A person may ask the conservator to make a declaration.\n(3) A declaration may be subject to conditions.\n(4) A declaration is a notifiable instrument.\n","sortOrder":230},{"sectionNumber":"209","sectionType":"section","heading":"Offence—access biological resources","content":"209 Offence—access biological resources\n(a) the person accesses biological resources; and\n(b) the biological resources are in a reserve.\n(3) This section does not apply to a person if—\n(a) the person holds a nature conservation licence authorising the\naccess to the biological resources; or\n\n(b) the person is an access provider for the biological resources.\n","sortOrder":231},{"sectionNumber":"210","sectionType":"section","heading":"Benefit-sharing agreement—licensee required to enter","content":"210 Benefit-sharing agreement—licensee required to enter\n(1) An applicant for a nature conservation licence to access biological\nresources for commercial purposes in a reserve must enter into a\nbenefit-sharing agreement with each access provider for the resources\nto enable the fair and equitable sharing of benefits derived from the\nuse of the resources.\nNote The conservator may make a model benefit-sharing agreement as a guide\n(see s 211 (2)).\n(2) The conservator may, on behalf of the Territory as an access provider,\nenter into the benefit-sharing agreement.\n(3) A benefit-sharing agreement takes effect only if a nature conservation\nlicence for the proposed access is issued under chapter 11 (Nature\nconservation licences).\n","sortOrder":232},{"sectionNumber":"211","sectionType":"section","heading":"Benefit-sharing agreement—provisions","content":"211 Benefit-sharing agreement—provisions\n(1) A benefit-sharing agreement must provide for reasonable\nbenefit-sharing arrangements, including protection for, recognition of\nand valuing of any Aboriginal or Torres Strait Islander people’s\nknowledge to be used.\n(2) The conservator may make a model benefit-sharing agreement as a\nguide for applicants.\n(3) A model benefit-sharing agreement is a notifiable instrument.\n\n","sortOrder":233},{"sectionNumber":"212","sectionType":"section","heading":"Benefit-sharing agreement—informed consent","content":"212 Benefit-sharing agreement—informed consent\n(1) The conservator must not enter into a benefit-sharing agreement on\nbehalf of the Territory concerning access to biological resources for\nwhich a native title holder is an access provider unless the conservator\nis satisfied on reasonable grounds that the access provider has given\ninformed consent to the benefit-sharing agreement.\n(2) In considering whether an access provider has given informed\nconsent to a benefit-sharing agreement, the conservator must consider\nthe following matters:\n(a) whether the access provider had adequate knowledge of this part\nand was able to engage in reasonable negotiations with the\napplicant for the nature conservation licence about the\nbenefit-sharing agreement;\n(b) whether the access provider was given adequate time—\n(i) to consider the application for the nature conservation\nlicence (including time to consult relevant people); and\n(ii) to negotiate the benefit-sharing agreement;\n(c) whether the views of any representative Aboriginal body or any\nother body performing the functions of a representative body for\nthe reserve have been sought;\n(d) whether the access provider has received independent legal\nadvice about the application and the requirements of this part.\n\n","sortOrder":234},{"sectionNumber":"213","sectionType":"section","heading":"Offence—entry fee for reserve not paid","content":"213 Offence—entry fee for reserve not paid\n(a) the Minister has determined an entry fee under section 368 in\nrelation to the person’s entry to a reserve; and\n(b) the person enters, or remains in, the reserve; and\n(c) the entry fee is not paid.\n","sortOrder":235},{"sectionNumber":"214","sectionType":"section","heading":"Offence—take or allow non-native animal into reserve","content":"214 Offence—take or allow non-native animal into reserve\n(a) the person—\n(i) takes an animal that is not a native animal into a reserve;\nor\n(ii) allows an animal that is not a native animal to enter, or\nremain in, a reserve; and\n(b) the person is the animal’s keeper.\n\n(3) This section does not apply if—\n(a) the person only travels through the reserve by road in a motor\nvehicle with the animal; and\n(b) the animal is confined in the motor vehicle while in the reserve.\nNote 1 The chapter 9 exceptions are set out in s 252.\nNote 2 A person does not commit an offence only because the person is\naccompanied by an assistance animal and takes, or allows, the animal into\nany part of a reserve that is a public place or public premises (see\nDomestic Animals Act 2000, s 106C).\n","sortOrder":236},{"sectionNumber":"215","sectionType":"section","heading":"Offence—feed animal in reserve","content":"215 Offence—feed animal in reserve\n(a) feeds an animal; and\n(b) the animal is in a reserve.\n(3) This section does not apply if—\n(a) the animal is allowed to enter, or remain in, the reserve under\nthis Act or another law applying in the ACT; and\n(b) the person is the animal’s keeper or is allowed by the keeper to\nfeed the animal.\n\nfeed, an animal, includes make food available to the animal.\n","sortOrder":237},{"sectionNumber":"216","sectionType":"section","heading":"Offence—interfere with trap or bait in reserve","content":"216 Offence—interfere with trap or bait in reserve\n(a) interferes with a trap or bait; and\n(b) the trap or bait is in a reserve.\n","sortOrder":238},{"sectionNumber":"217","sectionType":"section","heading":"Offence—weapons and traps in reserve","content":"217 Offence—weapons and traps in reserve\n(1) A person commits an offence if the person possesses or uses, in a\nreserve—\n(a) a firearm; or\n(b) a spear, spear gun, bow or arrow; or\n(c) a trap, net, snare or other device designed, or capable of being\nused, to take or capture an animal; or\n(d) a substance that is capable of being used to take or capture an\nanimal.\n\n(3) Subsection (1) does not apply to a person only because—\n(a) the person possesses or uses a landing net; and\n(b) the possession or use is for landing a fish that is already hooked.\nfirearm—see the Firearms Act 1996, section 6.\nlanding net means a net consisting of a hoop or ring that is attached\nto netting or other soft material and which is to be used for the purpose\nof landing a fish that is already hooked.\n","sortOrder":239},{"sectionNumber":"218","sectionType":"section","heading":"Offence—damage native plant in reserve","content":"218 Offence—damage native plant in reserve\n(b) the conduct causes damage to a plant; and\n(c) the plant is—\n(ii) in a reserve.\n\n","sortOrder":240},{"sectionNumber":"219","sectionType":"section","heading":"Offence—take plant or plant reproductive material into","content":"219 Offence—take plant or plant reproductive material into\nreserve\n(a) the person takes a plant into a reserve; and\n(b) the plant is a declared pest.\n(2) A person commits an offence if the person—\n(a) takes plant reproductive material into a reserve; and\n(b) leaves the plant reproductive material in the reserve.\n","sortOrder":241},{"sectionNumber":"220","sectionType":"section","heading":"Offence—planting a plant in a reserve","content":"220 Offence—planting a plant in a reserve\n(1) A person commits an offence if the person plants a plant in a reserve.\n\n","sortOrder":242},{"sectionNumber":"221","sectionType":"section","heading":"Offence—remove soil or stone from reserve","content":"221 Offence—remove soil or stone from reserve\n(1) A person commits an offence if the person removes soil or stone from\na reserve.\n","sortOrder":243},{"sectionNumber":"222","sectionType":"section","heading":"Offence—damage, destroy or remove things in reserve","content":"222 Offence—damage, destroy or remove things in reserve\n(a) the person damages or destroys—\n(i) a natural or constructed structure or feature; or\n(ii) infrastructure; and\n(b) the structure, feature or infrastructure is in a reserve.\nNote If a person damages territory property in a reserve, the director-general\nmay direct the person to repair the damage. Failure to comply with the\ndirection is an offence (see Public Unleased Land Act 2013, s 21 and\ns 22).\n(a) the person damages or destroys a site or object; and\n(b) the site or object is—\n(i) of historical, archaeological, palaeontological or\ngeological interest; and\n\n(ii) in a reserve.\n(3) A person commits an offence if the person removes infrastructure\nfrom a reserve.\n(4) A person commits an offence if—\n(a) the person removes an object from a reserve; and\n(b) the object is of historical, archaeological, palaeontological or\ngeological interest.\n(5) An offence against this section is a strict liability offence.\n(6) A person has the benefit of the chapter 9 exceptions for an offence\ninfrastructure, in a reserve means the buildings, roads, items and\nequipment associated with managing the reserve.\nExamples—infrastructure in a reserve\nroads, fences, gates, signs, taps, garbage bins, toilets, visitors centre\n\n","sortOrder":244},{"sectionNumber":"Part 9","sectionType":"part","heading":"2 Reserves—offences in","content":"Part 9.2 Reserves—offences in\nwilderness areas\n","sortOrder":245},{"sectionNumber":"223","sectionType":"section","heading":"Offence—make road in wilderness area","content":"223 Offence—make road in wilderness area\n(a) makes a track or road; and\n(b) the track or road is in a wilderness area.\n","sortOrder":246},{"sectionNumber":"224","sectionType":"section","heading":"Offence—use motor vehicle off road in wilderness area","content":"224 Offence—use motor vehicle off road in wilderness area\n(a) the person uses a motor vehicle in a wilderness area; and\n(b) the motor vehicle is used outside a track or road that—\n(i) is designed to be used by vehicles with 4 or more wheels;\nand\n(ii) was in existence when the wilderness area was reserved in\nthe territory plan.\n","sortOrder":247},{"sectionNumber":"225","sectionType":"section","heading":"Offence—excavate in wilderness area without licence","content":"225 Offence—excavate in wilderness area without licence\n(1) A person commits an offence if the person excavates in a wilderness\narea.\n\nReserves—offences in wilderness areas Part 9.2\n(3) This section does not apply to a person if the person holds a nature\nconservation licence authorising the excavation.\nNote 1 Nature conservation licence—see s 262.\n","sortOrder":248},{"sectionNumber":"226","sectionType":"section","heading":"Direction to restore excavation site","content":"226 Direction to restore excavation site\n(a) excavates in a wilderness area; and\n(b) when the excavation is finished, fails to restore the excavation\nsite and its surroundings as far as possible to their former state.\n(2) The conservator may direct the person to restore the site and\nsurroundings as far as possible to their former state (a restore\nexcavation direction).\n(3) A restore excavation direction must be in writing and state—\n(a) the wilderness area; and\n(b) the excavation site and surroundings; and\n(c) the former state of the site and surroundings; and\n(d) when the direction must be complied with, being a day at least\n1 month after the direction is given to the person.\n","sortOrder":249},{"sectionNumber":"227","sectionType":"section","heading":"Offence—fail to comply with restore excavation direction","content":"227 Offence—fail to comply with restore excavation direction\n(a) is subject to a restore excavation direction; and\n\n(3) This section does not apply to a person if the person takes reasonable\nsteps to restore the excavation site and its surroundings as far as\npossible to their former state.\n","sortOrder":250},{"sectionNumber":"228","sectionType":"section","heading":"Restoration of excavation site by Territory","content":"228 Restoration of excavation site by Territory\n(a) is subject to a restore excavation direction; and\n(a) restore the site and surroundings; and\n(b) recover from the person the reasonable costs of restoring the site\nand surroundings.\n\nReserves—repairing damage Part 9.3\n","sortOrder":251},{"sectionNumber":"229","sectionType":"section","heading":"Directions to repair damage to reserve","content":"229 Directions to repair damage to reserve\n(a) a person causes damage to—\n(i) a reserve; or\n(ii) Territory property on a reserve; and\n• fence\n• visitor facilities\n(b) the damage is not authorised under a nature conservation\n(2) The conservator may direct the person to repair the damage (a repair\ndamage direction).\n(3) A repair damage direction must be in writing and state—\n(a) the reserve and Territory property (if any); and\n(b) the damage to be repaired; and\n(c) when the direction must be complied with, being a day at least\n1 month after the direction is given to the person.\n","sortOrder":252},{"sectionNumber":"230","sectionType":"section","heading":"Offence—fail to comply with repair damage direction","content":"230 Offence—fail to comply with repair damage direction\n(a) is subject to a repair damage direction; and\n\n(3) This section does not apply to a person if the person takes reasonable\nsteps to repair the damage.\n","sortOrder":253},{"sectionNumber":"231","sectionType":"section","heading":"Repair of damage by Territory","content":"231 Repair of damage by Territory\n(a) is subject to a repair damage direction; and\n(b) recover from the person the reasonable costs of repairing the\n\nPart 9.4 Reserves—offences about\nclearing native vegetation\n","sortOrder":254},{"sectionNumber":"232","sectionType":"section","heading":"What is native vegetation?—pt 9.4","content":"232 What is native vegetation?—pt 9.4\nnative vegetation, for an area, means any of the following kinds of\nvegetation indigenous to the area:\n(a) trees;\n(b) understorey plants;\n(c) groundcover consisting of any kind of grass or herbaceous\nvegetation;\n(d) plants occurring in a wetland or stream in the area.\n","sortOrder":255},{"sectionNumber":"233","sectionType":"section","heading":"What is a native vegetation area?—pt 9.4","content":"233 What is a native vegetation area?—pt 9.4\nnative vegetation area, means an area where—\n(a) either—\n(i) 10% or more of the area is covered with vegetation\n(whether dead or alive); and\n(ii) no more than 60% of the ground layer vegetation cover is\nexotic annual (at any time of year); and\n(iii) more than 50% of the perennial ground layer vegetation\ncover is native vegetation; or\n(b) trees or shrubs indigenous to the area have a canopy cover of\n10% or more in any stratum over the area.\n\n","sortOrder":256},{"sectionNumber":"234","sectionType":"section","heading":"What is clearing native vegetation?—pt 9.4","content":"234 What is clearing native vegetation?—pt 9.4\nclearing native vegetation includes—\n(a) cutting down, felling, thinning, logging or removing native\nvegetation; and\n(b) burning native vegetation; and\n(c) doing anything else that kills, or is likely to kill, native\nvegetation.\n","sortOrder":257},{"sectionNumber":"235","sectionType":"section","heading":"When does clearing native vegetation cause serious","content":"235 When does clearing native vegetation cause serious\nharm or material harm to a reserve?—pt 9.4\ncause, serious harm or material harm, means substantially contribute\ndirectly or indirectly to the harm.\nmaterial harm—clearing native vegetation in a reserve causes\nmaterial harm to the reserve if—\n(a) it happens in a wetland, other than a Ramsar wetland, in the\n(b) the total area cleared of native vegetation is more than 0.2ha but\nnot more than 2ha; or\n(c) the cost of action needed to restore native vegetation to the area\ncleared is within the range of $5 000 to $50 000.\nserious harm—clearing native vegetation in a reserve causes serious\nharm to the reserve if—\n(a) it causes the loss of, or the loss of part of—\n(i) a critically endangered ecological community in the\n\n(ii) an endangered ecological community in the reserve; or\n(iii) a vulnerable ecological community in the reserve; or\nNote Critically endangered, endangered and vulnerable ecological\ncommunities are threatened ecological communities—see s 69.\n(b) it causes a substantial loss of habitat of native plants or native\nanimals in the reserve; or\n(c) it happens in a Ramsar wetland in the reserve; or\n(d) the total area cleared of native vegetation in the reserve is more\nthan 2ha; or\n(e) the cost of action needed to restore native vegetation to the area\ncleared in the reserve is more than $50 000.\n","sortOrder":258},{"sectionNumber":"236","sectionType":"section","heading":"Offence—clear vegetation causing serious harm","content":"236 Offence—clear vegetation causing serious harm\nand\nMaximum penalty: 2 500 penalty units, imprisonment for 7 years or\n\nand\nMaximum penalty: 2 000 penalty units, imprisonment for 5 years or\nand\nMaximum penalty: 1 500 penalty units, imprisonment for 3 years or\n\n","sortOrder":259},{"sectionNumber":"237","sectionType":"section","heading":"Offence—clear vegetation causing material harm","content":"237 Offence—clear vegetation causing material harm\nand\nMaximum penalty: 1 500 penalty units, imprisonment for 5 years or\nand\nMaximum penalty: 1 000 penalty units, imprisonment for 2 years or\n\nand\nMaximum penalty: 750 penalty units, imprisonment for 1 year or\n","sortOrder":260},{"sectionNumber":"238","sectionType":"section","heading":"Offence—clear vegetation","content":"238 Offence—clear vegetation\nand\n(b) the native vegetation area is in a reserve.\n\nthe defendant proves that the defendant took all reasonable steps to\navoid committing the offence.\nNote The defendant has a legal burden in relation to the matters mentioned in\ns (4) (see Criminal Code, s 59).\n","sortOrder":261},{"sectionNumber":"239","sectionType":"section","heading":"Defence of appropriate diligence for offences—pt 9.4","content":"239 Defence of appropriate diligence for offences—pt 9.4\nIt is a defence to a prosecution for an offence against this part if the\ndefendant proves that the defendant took all reasonable precautions\nand exercised all appropriate diligence to prevent the commission of\n","sortOrder":262},{"sectionNumber":"240","sectionType":"section","heading":"Alternative verdicts for offences—pt 9.4","content":"240 Alternative verdicts for offences—pt 9.4\n(1) This section applies if, in a prosecution for a relevant offence, the trier\nof fact—\n(a) is not satisfied beyond reasonable doubt that the defendant is\nguilty of the relevant offence; but\n(b) is satisfied beyond reasonable doubt that the defendant is guilty\nof an alternative offence.\n(2) The trier of fact may find the defendant guilty of the alternative\noffence, but only if the defendant has been given procedural fairness\nin relation to that finding of guilt.\nalternative offence, for a relevant offence, means an offence\nmentioned in table 240, column 3, for the offence.\nrelevant offence means an offence mentioned in table 240, column 2.\n\nTable 240 Alternative verdicts for offences—pt 9.4\nitem\n1 s 236 (1) (knowingly clear\nvegetation—serious harm)\ns 236 (2) (recklessly clear vegetation—serious\ns 236 (3) (negligently clear vegetation—serious\n2 s 236 (2) (recklessly clear\nvegetation—serious harm)\ns 236 (3) (negligently clear vegetation—serious\n3 s 237 (1) (knowingly clear\nvegetation—material harm)\ns 237 (2) (recklessly clear vegetation—material\ns 237 (3) (negligently clear vegetation—material\n4 s 237 (2) (recklessly clear\nvegetation—material harm)\ns 237 (3) (negligently clear vegetation—material\n","sortOrder":263},{"sectionNumber":"241","sectionType":"section","heading":"Order to restore cleared vegetation etc","content":"241 Order to restore cleared vegetation etc\n(2) The court may order the person to—\n(a) take any action the court considers appropriate, including action\nto—\n(i) mitigate the effect of the clearing; or\n(ii) restore native vegetation in the area cleared; or\n(b) pay an amount to the Territory for reasonable costs incurred, or\nto be incurred, by the Territory in taking action—\n(i) mentioned in paragraph (a); or\n(ii) to monitor the outcome of action ordered under\nparagraph (a).\n\n(3) The court may also order the person to provide security for the\nperformance of any obligation under the order.\n(4) The court may take action under this section—\n","sortOrder":264},{"sectionNumber":"242","sectionType":"section","heading":"Order to publicise conviction or finding of guilt—pt 9.4","content":"242 Order to publicise conviction or finding of guilt—pt 9.4\n(2) The court may order the person to take stated action to publicise—\n(a) the conviction or finding of guilt; and\n(b) the environmental and other consequences of the offence; and\n(c) any order made by the court under section 241 (2) (a); and\n(d) any action taken by the person—\n(i) to mitigate the effect of the clearing; or\n(ii) to restore native vegetation in the area cleared.\n(3) The court may take action under this section—\n\nPart 9.5 Reserves—offences about\ndamaging land\n","sortOrder":265},{"sectionNumber":"243","sectionType":"section","heading":"What is damage to land?—pt 9.5","content":"243 What is damage to land?—pt 9.5\ndamage, to land, includes the destruction on the land, or removal from\nthe land, of any of the following:\n(a) clay;\n(b) gravel;\n(c) rock;\n(d) sand;\n(e) soil;\n(f) stone.\nExamples—damage to land\n• crushing rocks\n• contaminating soil\n• heaping rocks, stones, gravel, sand, clay or soil\n• altering the soil profile\n","sortOrder":266},{"sectionNumber":"244","sectionType":"section","heading":"When does damage to land cause serious harm or","content":"244 When does damage to land cause serious harm or\nmaterial harm to a reserve?—pt 9.5\ncause serious or material harm, means substantially contribute\ndirectly or indirectly to the harm.\nmaterial harm—damage to land in a reserve causes material harm\nto the reserve if the cost of action needed to rehabilitate the area\ndamaged is within the range of $5 000 to $50 000.\n\nserious harm—damage to land in a reserve causes serious harm to\nthe reserve if—\n(a) it causes the loss of, or the loss of part of—\n(i) a critically endangered ecological community in the\n(ii) an endangered ecological community in the reserve; or\n(iii) a vulnerable ecological community in the reserve; or\nNote Critically endangered, endangered and vulnerable ecological\ncommunities are threatened ecological communities—see s 69.\n(b) it causes a substantial loss of habitat of native plants or native\nanimals in the reserve; or\n(c) the total area damaged in the reserve is more than 2ha; or\n(d) the cost of action needed to rehabilitate the land damaged in the\nreserve is more than $50 000.\n","sortOrder":267},{"sectionNumber":"245","sectionType":"section","heading":"Offence—damage land causing serious harm","content":"245 Offence—damage land causing serious harm\nMaximum penalty: 2 500 penalty units, imprisonment for 7 years or\n\nMaximum penalty: 2 000 penalty units, imprisonment for 5 years or\nMaximum penalty: 1 500 penalty units, imprisonment for 3 years or\n\n","sortOrder":268},{"sectionNumber":"246","sectionType":"section","heading":"Offence—damage land causing material harm","content":"246 Offence—damage land causing material harm\nMaximum penalty: 1 500 penalty units, imprisonment for 5 years or\nMaximum penalty: 1 000 penalty units, imprisonment for 2 years or\n\nMaximum penalty: 750 penalty units, imprisonment for 1 year or\n","sortOrder":269},{"sectionNumber":"247","sectionType":"section","heading":"Offence—damage land causing harm","content":"247 Offence—damage land causing harm\n(c) the damage causes harm to the reserve.\nthe defendant proves that the defendant took all reasonable steps to\navoid committing the offence.\nNote The defendant has a legal burden in relation to the matters mentioned in\ns (4) (see Criminal Code, s 59).\nharm, to a reserve, includes any loss or disadvantage to the\nenvironment in the reserve.\n\n","sortOrder":270},{"sectionNumber":"248","sectionType":"section","heading":"Defence of appropriate diligence for offences—pt 9.5","content":"248 Defence of appropriate diligence for offences—pt 9.5\nIt is a defence to a prosecution for an offence against this part if the\ndefendant proves that the defendant took all reasonable precautions\nand exercised all appropriate diligence to prevent the commission of\n","sortOrder":271},{"sectionNumber":"249","sectionType":"section","heading":"Alternative verdicts for offences—pt 9.5","content":"249 Alternative verdicts for offences—pt 9.5\n(1) This section applies if, in a prosecution for a relevant offence, the trier\nof fact—\n(a) is not satisfied beyond reasonable doubt that the defendant is\nguilty of the relevant offence; but\n(b) is satisfied beyond reasonable doubt that the defendant is guilty\nof an alternative offence.\n(2) The trier of fact may find the defendant guilty of the alternative\noffence, but only if the defendant has been given procedural fairness\nin relation to that finding of guilt.\nalternative offence, for a relevant offence, means an offence\nmentioned in table 249, column 3, for the offence.\nrelevant offence means an offence mentioned in table 249, column 2.\nTable 249 Alternative verdicts for offences—pt 9.5\nitem\n1 s 245 (1) (knowingly damage\nland—serious harm)\ns 245 (2) (recklessly damage land—serious harm)\ns 245 (3) (negligently damage land—serious\n2 s 245 (2) (recklessly damage\nland—serious harm)\ns 245 (3) (negligently damage land—serious\n\nitem\n3 s 246 (1) (knowingly damage\nland—material harm)\ns 246 (2) (recklessly damage land—material\ns 246 (3) (negligently damage land—material\n4 s 246 (2) (recklessly damage\nland—material harm)\ns 246 (3) (negligently damage land—material\n","sortOrder":272},{"sectionNumber":"250","sectionType":"section","heading":"Order to rehabilitate land etc","content":"250 Order to rehabilitate land etc\n(2) The court may order the person to—\n(a) take any action the court considers appropriate, including action\nto—\n(i) mitigate the effect of the damage; or\n(ii) rehabilitate the land damaged as closely as possible to its\ncondition before the damage; or\n(b) pay an amount to the Territory for reasonable costs incurred, or\nto be incurred, by the Territory in taking action—\n(i) mentioned in paragraph (a); or\n(ii) to monitor the outcome of action ordered under paragraph\n(a).\n(3) The court may also order the person to provide security for the\nperformance of any obligation under the order.\n(4) The court may take action under this section—\n\n","sortOrder":273},{"sectionNumber":"251","sectionType":"section","heading":"Order to publicise conviction or finding of guilt—pt 9.5","content":"251 Order to publicise conviction or finding of guilt—pt 9.5\n(2) The court may order the person to take stated action to publicise—\n(a) the conviction or finding of guilt; and\n(b) the environmental and other consequences of the offence; and\n(c) any order made by the court under section 250 (2) (a); and\n(d) any action taken by the person—\n(i) to mitigate the effect of the damage; or\n(ii) to rehabilitate the land damaged as closely as possible to\nits condition before the damage.\n(3) The court may take action under this section—\n\n","sortOrder":274},{"sectionNumber":"252","sectionType":"section","heading":"Chapter 9 exceptions","content":"252 Chapter 9 exceptions\n(1) This section applies if a person has the benefit of the chapter 9\n(a) the conduct constituting the offence is—\n(i) a restricted activity under an activities declaration and the\nperson is complying with the directions and requirements\nstated in the declaration; or\nNote Activities declaration—see s 256.\nRestricted activity—see s 256.\n(ii) undertaken in accordance with a management agreement\nunder chapter 12; or\n(iii) undertaken in implementing a controlled native species\nmanagement plan under section 167 (Controlled native\nspecies management plan—conservator etc to implement);\nor\nNote Controlled native species management plan—see s 158.\n(iv) undertaken in carrying out minor public works on a reserve\nin accordance with a minor public works code approved by\nthe conservator of flora and fauna under section 318A; or\n(v) undertaken in accordance with a cultural resource\nmanagement plan; or\nNote Cultural resource management plan—see s 168A.\n\nExceptions to offences Part 9.6\n(ii) a strategic bushfire management plan under the\nEmergencies Act 2004, section 72; or\n(iii) a development approval under the Planning Act 2023,\nchapter 7; or\n(iv) a public unleased land permit; or\n(v) a licence under the Planning Act 2023, section 378\n(c) the person is a conservation officer exercising a function under\nNote 1 The defendant has an evidential burden in relation to the matters\n\n","sortOrder":275},{"sectionNumber":"Part 10","sectionType":"part","heading":"Reserves—prohibited and","content":"Chapter 10 Reserves—prohibited and\nrestricted activities\nNote If land in a reserve is public unleased land, the provisions of the Public\nUnleased Land Act 2013 apply. For example, a person wishing to camp\nin a reserve may need a public unleased land permit if the camping is not\nauthorised under this Act.\n","sortOrder":276},{"sectionNumber":"253","sectionType":"section","heading":"What is a resource protection area?—ch 10","content":"253 What is a resource protection area?—ch 10\nresource protection area means an area declared by the Minister to\nbe a resource protection area under section 254.\n","sortOrder":277},{"sectionNumber":"254","sectionType":"section","heading":"Resource protection area—declaration","content":"254 Resource protection area—declaration\n(1) The Minister may declare an area in a reserve to be a resource\nprotection area (a resource protection area declaration).\n(2) A resource protection area declaration must—\n(a) state the purpose of the declaration, including a description of\nthe environmental harm that the declaration is intended to\nreduce; and\n(b) identify the area to be declared as a resource protection area.\n(3) In deciding whether to make a resource protection area declaration,\nthe Minister must consider—\n(a) the purpose for which the area was reserved in the territory plan\nunder the Planning Act 2023, section 385 (Reserved areas of\npublic land); and\n\nResource protection areas Part 10.1\n(b) the planning and development management objectives for the\narea; and\nNote Planning and development management objectives—see the\n(c) for an area in a reserve that the conservator has assigned to an\nIUCN category—the IUCN reserve management objectives\nidentified for the reserve.\nNote IUCN category—see s 171.\n(4) In deciding whether to make a resource protection area declaration,\nthe Minister must consult—\n(b) the custodian of the area.\n(5) A resource protection area declaration is a disallowable instrument.\nenvironmental harm—see the Environment Protection Act 1997,\n","sortOrder":278},{"sectionNumber":"255","sectionType":"section","heading":"Resource protection area—review","content":"255 Resource protection area—review\n(1) The conservator must review a resource protection area declaration at\nleast once every 3 years after the declaration commences.\n(2) In reviewing a resource protection area declaration, the conservator—\n(a) must consider the effectiveness of the declaration in achieving\nits stated purpose; and\n(b) may make recommendations to the Minister about the\ndeclaration.\n\nPart 10.2 Prohibited and restricted\nactivities\n","sortOrder":279},{"sectionNumber":"256","sectionType":"section","heading":"Conservator may make activities declarations","content":"256 Conservator may make activities declarations\n(1) This section applies if the conservator reasonably believes that an\nactivity, if carried out in a reserve, may have a negative impact on—\n(a) the reserve; or\n(b) a person in the reserve.\n(2) The conservator may declare (an activities declaration) that a stated\nactivity—\n(a) may be carried out in a stated reserve only if stated directions or\nrequirements are complied with (a restricted activity); or\n(b) is prohibited in a stated reserve (a prohibited activity).\nExamples—activities in reserves\n• driving a motor vehicle\n• parking a motor vehicle\n• mooring a vessel\n• taking an animal\n• lighting, maintaining or using a fire\n• camping\n• swimming\n(3) In deciding whether to make an activities declaration for a reserve,\nthe conservator must consider the reserve management plan for the\nreserve.\nNote Reserve management plan—see s 175.\n(4) An activities declaration is a notifiable instrument.\n\n(5) If the conservator makes an activities declaration for a reserve, the\n(a) give additional public notice about the declaration; and\n(b) display a notice about the declaration in a conspicuous place at\nNote Public notice means notice on an ACT government website or in a\ndaily newspaper circulating in the ACT (see Legislation Act, dict,\npt 1). The requirement in s (5) is in addition to the requirement for\nnotification on the legislation register as a notifiable instrument.\n","sortOrder":280},{"sectionNumber":"257","sectionType":"section","heading":"Offence—carry on restricted activity in reserve","content":"257 Offence—carry on restricted activity in reserve\n(a) an activities declaration is in force for a reserve; and\n(b) the activities declaration states that an activity is a restricted\nactivity for the reserve; and\n(c) the person carries on the restricted activity in the reserve in\ncontravention of the activities declaration.\n(a) an activities declaration is in force for a resource protection area\nin a reserve; and\n(b) the activities declaration states that an activity is a restricted\nactivity for the resource protection area; and\n(c) the person carries out the restricted activity in the resource\nprotection area in contravention of the activities declaration.\nNote Resource protection area—see s 253.\n\n(4) A person has the benefit of the part 10.2 exceptions for an offence\nNote The part 10.2 exceptions are set out in s 261.\n","sortOrder":281},{"sectionNumber":"258","sectionType":"section","heading":"Offence—carry on prohibited activity in reserve","content":"258 Offence—carry on prohibited activity in reserve\n(a) an activities declaration is in force for a reserve; and\n(b) the activities declaration states that an activity is a prohibited\nactivity for the reserve; and\n(c) the person carries out the prohibited activity in the reserve.\n(a) an activities declaration is in force for a resource protection area\nin a reserve; and\n(b) the activities declaration states that an activity is a prohibited\nactivity for the resource protection area; and\n(c) the person carries out the prohibited activity in the resource\nprotection area.\nNote Resource protection area—see s 253.\n(4) A person has the benefit of the part 10.2 exceptions for an offence\nNote The part 10.2 exceptions are set out in s 261.\n\n","sortOrder":282},{"sectionNumber":"259","sectionType":"section","heading":"Conservator may close reserve","content":"259 Conservator may close reserve\n(a) the conservator reasonably believes that public access to a\nreserve may—\n(i) endanger public safety; or\n(ii) interfere with the management of the reserve; or\n(b) an area of a reserve is to be used as part of a cultural resource\n(2) The conservator may declare (a closed reserve declaration) that—\n(a) access to a reserve is restricted to stated people or a stated class\nof people; or\n(b) public access to a reserve is prohibited.\n(3) A closed reserve declaration is a notifiable instrument.\n(4) If the conservator makes a closed reserve declaration, the conservator\n(a) give additional public notice about the declaration; and\n(b) display a notice about the declaration in a conspicuous place at\nNote Public notice means notice on an ACT government website or in a\ndaily newspaper circulating in the ACT (see Legislation Act, dict,\npt 1). The requirement in s (4) is in addition to the requirement for\nnotification on the legislation register as a notifiable instrument.\n(5) A closed reserve declaration may commence on a day or at a time\nearlier than its notification day.\n","sortOrder":283},{"sectionNumber":"260","sectionType":"section","heading":"Offence—enter closed reserve","content":"260 Offence—enter closed reserve\n(a) a closed reserve declaration is in force for a reserve; and\n\n(b) the person enters, or remains in, the reserve in contravention of\nthe declaration.\n(3) It is a defence to a prosecution for an offence against this section if\nthe defendant proves that the defendant—\n(a) took reasonable steps to ensure that the contravention did not\nhappen; or\n(b) had no reasonable grounds for suspecting that a closed reserve\ndeclaration was in force for the reserve.\n(4) Subsection (1) does not apply if the person is a conservation officer\nexercising a function under this Act.\n","sortOrder":284},{"sectionNumber":"261","sectionType":"section","heading":"Part 10.2 exceptions","content":"261 Part 10.2 exceptions\n(1) This section applies if a person has the benefit of the part 10.2\n(a) the person is authorised to engage in the conduct constituting the\n(ii) a licence under the Planning Act 2023, section 378\n(iii) a development approval under the Planning Act 2023,\nchapter 7; or\n\n(iv) a work approval under the Public Unleased Land Act 2013,\nsection 19; or\n(v) a public unleased land permit; or\n(vi) another law of the Territory; or\n(b) the person is a conservation officer exercising a function under\nthis Act; or\n(c) the conduct constituting the offence is undertaken—\n(i) in accordance with—\n(A) a cultural resource management plan; or\n(B) a management agreement under chapter 12; or\n(ii) in carrying out minor public works on a reserve in\naccordance with a minor public works code approved by\nthe conservator of flora and fauna under section 318A.\n(3) It is a defence to a prosecution for an offence against this part if the\ndefendant proves that the defendant took reasonable steps to ensure\nthat the contravention did not happen.\nNote 1 The defendant has a legal burden in relation to the matters mentioned in\ns (3) (see Criminal Code, s 59).\n\n","sortOrder":285},{"sectionNumber":"262","sectionType":"section","heading":"What is a nature conservation licence?","content":"262 What is a nature conservation licence?\nnature conservation licence means a licence that authorises the\nlicensee to carry on 1 or more activities (the licensed activity) that\nwould otherwise be an offence under this Act.\nNote Some activities are unsuitable for a licence (see s 268 (1), def suitable\nactivity, par (b)).\n","sortOrder":286},{"sectionNumber":"262A","sectionType":"section","heading":"Who is an influential person for a corporation?—ch 11","content":"262A Who is an influential person for a corporation?—ch 11\ninfluential person, for a corporation, means any of the following:\n(a) an executive officer of the corporation;\n(b) a person who may exercise a relevant power in relation to the\ncorporation;\n(c) a related corporation;\n(d) an executive officer of a related corporation.\nrelated corporation means a related body corporate under the\nCorporations Act.\nrelevant power, for a corporation, means a power—\n(a) to take part in a directorial, managerial or executive decision for\nthe corporation; or\n(b) to elect or appoint a person as an executive officer in the\ncorporation; or\n\nLicences—preliminary Part 11.1\n(c) to exercise a significant influence in relation to the conduct of\nthe corporation.\n","sortOrder":287},{"sectionNumber":"263","sectionType":"section","heading":"Offence—fail to comply with condition of licence","content":"263 Offence—fail to comply with condition of licence\n(a) the person holds a licence; and\n(b) the licence is subject to a condition; and\n(c) the person fails to comply with the condition.\n(a) the person holds a licence; and\n(b) the licence is subject to a financial assurance condition; and\n(c) the person fails to comply with the financial assurance\ncondition.\nNote Financial assurance condition, on a licence—see s 278.\n\n","sortOrder":288},{"sectionNumber":"Part 11","sectionType":"part","heading":"2 Licences—application and","content":"Part 11.2 Licences—application and\nsuitability\n","sortOrder":289},{"sectionNumber":"264","sectionType":"section","heading":"Licence—application","content":"264 Licence—application\n(1) A person may apply to the conservator for a licence.\n(2) The application must—\n(b) state the activity for the licence; and\n(c) include complete details of suitability information about—\n(i) the applicant; and\n(ii) if the applicant is a corporation—each influential person\nfor the applicant; and\n(iii) if someone other than the applicant is to have management\nor control of the activity for the licence—each person who\nis to have management or control; and\n(iv) the activity for the licence.\nSuitability information, about an activity—see s 269.\nNote 2 Giving false or misleading information is an offence against the Criminal\nCode, s 338.\n","sortOrder":290},{"sectionNumber":"265","sectionType":"section","heading":"Who is a suitable person to hold a licence?—ch 11","content":"265 Who is a suitable person to hold a licence?—ch 11\nsuitable person, to hold a licence, means a person who the\nconservator is satisfied is a suitable person to hold the licence.\n(2) In deciding whether a person is a suitable person to hold a licence, the\nconservator must consider each of the following:\n(a) suitability information about the person;\n\n(b) any information given to the conservator under section 267\n(Suitability of people—further information about people).\n","sortOrder":291},{"sectionNumber":"266","sectionType":"section","heading":"What is suitability information about a person?—ch 11","content":"266 What is suitability information about a person?—ch 11\nsuitability information, about a person, means information about—\n(a) any conviction of, or finding of guilt against, the person for an\noffence against the following:\n(i) this Act;\n(ii) the Animal Welfare Act 1992;\n(iii) the Biosecurity Act 2023;\n(iv) the Domestic Animals Act 2000;\n(v) the Environment Protection Act 1997;\n(vi) the Fisheries Act 2000;\n(vii) the Water Resources Act 2007;\n(viii) a law of another jurisdiction corresponding, or\nsubstantially corresponding, to this Act or an Act\nmentioned in subparagraphs (ii) to (vii); and\nExamples—par (viii)\n1 Environment Protection and Biodiversity Conservation Act 1999\n(Cwlth)\n2 National Parks and Wildlife Act 1974 (NSW)\n3 Biodiversity Conservation Act 2016 (NSW)\n\n(b) any noncompliance by the person with a requirement under an\nAct mentioned in paragraph (a); and\nfailing to comply with a treatment direction (see s 334)\n(c) any refusal of an application by the person for a licence, permit\nor other authority (however described) under an Act mentioned\nin paragraph (a); and\n(d) any other matter relevant to the person’s ability to appropriately\ncarry on an activity in relation to an animal, plant or land; and\n(e) any other matter prescribed by regulation.\n","sortOrder":292},{"sectionNumber":"267","sectionType":"section","heading":"Suitability of people—further information about people","content":"267 Suitability of people—further information about people\n(1) This section applies if the conservator is making a decision about\nwhether a person is a suitable person to hold a licence.\n(2) The conservator may, by written notice given to the person\n(a personal information notice), require the person to give the\nconservator stated information about 1 or more of the following\npeople, not later than a stated reasonable time:\n(a) the person;\n(b) if the person is a corporation—an influential person for the\ncorporation.\n(3) The conservator need not decide whether a person is a suitable person\nto hold a licence if—\n(a) the conservator has given the person a personal information\n(b) the person does not comply with the notice.\n\n","sortOrder":293},{"sectionNumber":"268","sectionType":"section","heading":"What is a suitable activity for a licence?","content":"268 What is a suitable activity for a licence?\nsuitable activity, for a licence—\n(a) means an activity that the conservator is satisfied is suitable for\nthe licence; but\n(b) does not include an activity prescribed by regulation as an\nunsuitable activity.\n(2) In deciding whether an activity is suitable for a licence, the\nconservator must consider each of the following:\n(a) suitability information about the activity;\n(b) any information about the activity given to the conservator\nunder section 270 (Suitability of activities—further information\nabout activity);\n(c) any risk management plan given to the conservator under\nsection 271 (Suitability of activities—risk management plan);\n(d) the results of any inspection of a place by the conservator under\nsection 272 (Suitability of activities—inspection of place);\n(e) if the activity involves a relevant species, relevant ecological\ncommunity or key threatening process for which an action plan\nis in force—the action plan;\nNote Action plan—see s 99.\nKey threatening process—see s 74.\nRelevant ecological community and relevant species—see s 98.\n(f) if the activity involves a species for which a native species\nconservation plan is in force—the native species conservation\nplan;\nNote Native species conservation plan—see s 115.\n\n(g) if the activity involves a native species and a controlled native\nspecies management plan is in force for the native species—the\ncontrolled native species management plan;\n(h) if the activity is to be carried out in a reserve—\n(i) the planning and development management objectives for\nthe reserve; and\nNote Planning and development management objectives—see\nthe dictionary.\n(ii) for a reserve assigned to an IUCN category under\nsection 172—the IUCN reserve management objectives\nidentified for the reserve or area;\nNote IUCN category—see s 171.\n(i) if the activity is to be carried out in a resource protection area—\nthe purpose of the resource protection area declaration,\nincluding the environmental harm that the declaration is\nintended to reduce.\nNote Resource protection area declaration—see s 254.\n(3) In deciding whether an activity to be carried out in a reserve is\nsuitable for a licence, the conservator must consult the custodian of\n","sortOrder":294},{"sectionNumber":"269","sectionType":"section","heading":"What is suitability information about an activity?","content":"269 What is suitability information about an activity?\nsuitability information, about an activity, means information about—\n(a) the impact of the activity on the animal, plant or land; and\n• ecological survey\n• action plan\n• species conservation plan\n\n(b) the purpose of the activity; and\n• scientific research\n• education\n• commercial trade\n(c) the place where the activity is to be carried out; and\n(d) if the activity involves a native species—the number and species\nof each native species involved in the activity; and\n(e) any other matter prescribed by regulation.\nNote The conservator must also consider suitability information for an activity\nwhen deciding to amend or renew a licence (see s 286, s 288 and s 292).\n","sortOrder":295},{"sectionNumber":"270","sectionType":"section","heading":"Suitability of activities—further information about activity","content":"270 Suitability of activities—further information about activity\n(1) This section applies if the conservator is making a decision about\nwhether an activity is a suitable activity for a licence.\n(2) The conservator may, by written notice given to the applicant\n(an activity information notice), require the applicant to give the\nconservator stated information about the activity, not later than a\nstated reasonable time.\n(3) The conservator need not decide whether an activity is a suitable\nactivity for a licence if—\n(a) the conservator has given the applicant an activity information\n","sortOrder":296},{"sectionNumber":"271","sectionType":"section","heading":"Suitability of activities—risk management plan","content":"271 Suitability of activities—risk management plan\n(1) This section applies if the conservator is—\n(a) making a decision about whether an activity is a suitable activity\nfor a licence; and\n\n(b) satisfied that carrying on the activity in accordance with the\nlicence is likely to cause undue risk to people or property.\n(2) The conservator may, by written notice given to the applicant (a risk\nmanagement plan notice), require the applicant to prepare a risk\nmanagement plan for the licence.\n(3) The risk management plan must—\n(a) identify the risks to people and property; and\n(b) set out the procedures, practices and arrangements for\neliminating or minimising the risks.\n(4) The conservator need not decide an application for a licence if—\n(a) the conservator has given the applicant a risk management plan\n","sortOrder":297},{"sectionNumber":"272","sectionType":"section","heading":"Suitability of activities—inspection of place","content":"272 Suitability of activities—inspection of place\n(a) the conservator is making a decision about whether an activity\nis suitable for a licence; and\n(b) the activity involves keeping an animal.\n(2) The conservator may, by written notice given to the applicant\n(an inspection notice), require the applicant to allow the conservator\nto inspect the place where the animal is to be kept within a stated\nreasonable time.\n(3) The conservator need not decide whether an activity is a suitable\nactivity for a licence if—\n(a) the conservator has given the applicant an inspection notice; and\n\nLicences—decision Part 11.3\n","sortOrder":298},{"sectionNumber":"273","sectionType":"section","heading":"Licence—decision on application","content":"273 Licence—decision on application\n(1) This section applies if the conservator receives an application for a\n(2) The conservator may issue the licence to the applicant only if\nreasonably satisfied that—\n(a) the applicant is a suitable person to hold the licence; and\n(b) if the applicant is a corporation—each influential person for the\napplicant is a suitable person to hold the licence; and\n(c) if someone other than the applicant is to have management or\ncontrol of the activity for the licence—each person who is to\nhave management or control of the activity is a suitable person\nto hold the licence; and\n(d) the activity is a suitable activity for the licence.\n(3) The conservator must, not later than the required time—\n(a) decide the application; and\n(b) tell the applicant about the decision on the application.\n(a) if the conservator gives the applicant a personal information\nnotice under section 267—28 days after the day the conservator\nreceives the stated information;\n\nNote Failure to issue a licence within the required time is taken to be a decision\nnot to issue the licence (see ACT Civil and Administrative Tribunal\nAct 2008, s 12).\n","sortOrder":299},{"sectionNumber":"274","sectionType":"section","heading":"Licence—conditions generally","content":"274 Licence—conditions generally\nA licence is subject to any condition—\n(a) prescribed by regulation; and\n(b) that the conservator reasonably believes is necessary to meet the\nobjects of this Act.\nExamples—par (b)\n1 that the licensee may carry on the activity only during a stated season\n2 that the licensee may carry on the activity only for non-commercial purposes\n3 a financial assurance condition (see s 278)\n","sortOrder":300},{"sectionNumber":"275","sectionType":"section","heading":"Licence—conditions about native species conservation","content":"275 Licence—conditions about native species conservation\nplans etc\n(a) a licence is issued to carry out an activity on stated land; and\n(b) the land is subject to a native species conservation plan.\n(2) The licence is subject to the condition that the activity must be carried\nout in accordance with the plan.\n\nLicences—decision Part 11.3\n","sortOrder":301},{"sectionNumber":"276","sectionType":"section","heading":"Licence—term","content":"276 Licence—term\n(1) A licence starts on the day stated in the licence.\n(2) The conservator must not issue a licence for longer than 5 years.\n(3) A licence expires on the day stated in the licence.\n(4) However, if the licensed activity involves keeping a native animal and\nthe animal escapes, the licence no longer applies in relation to the\nanimal.\n","sortOrder":302},{"sectionNumber":"277","sectionType":"section","heading":"Licence—form","content":"277 Licence—form\n(1) A licence must—\n(b) include the following information:\n(i) the name of the licensee;\n(ii) a unique identifying number (the licence number);\n(iii) the licensed activity;\n(iv) the animal, plant or land for the licence;\n(v) the term of the licence;\n(vi) the conditions on the licence;\n(vii) anything else prescribed by regulation.\n(2) A licence may include anything else the conservator considers\nrelevant.\n\nPart 11.4 Licences—financial assurance\nconditions\n","sortOrder":303},{"sectionNumber":"278","sectionType":"section","heading":"What is a financial assurance condition?","content":"278 What is a financial assurance condition?\nfinancial assurance condition, on a licence, means a condition\nrequiring the licensee to give the conservator a financial assurance of\na stated kind and amount.\n","sortOrder":304},{"sectionNumber":"279","sectionType":"section","heading":"Financial assurance condition—imposition","content":"279 Financial assurance condition—imposition\n(1) The conservator may impose a financial assurance condition on a\nlicence if satisfied that it is justified having regard to—\n(a) the likelihood that the licensed activity will cause serious or\nmaterial damage to—\n(i) a population of a species or ecological community; or\n(ii) a habitat of a species or ecological community; or\n(iii) an ecosystem; and\n(b) the likelihood that action will need to be taken in the future to\nrepair the damage; and\n(c) the financial assurance considerations (if any); and\nNote Financial assurance considerations—see s (5).\n(d) any other relevant matter.\n(2) A financial assurance must be in the form of—\n(a) a bank guarantee; or\n(b) a bond; or\n(c) an insurance policy; or\n\n(d) if the conservator reasonably believes that, in the circumstances,\nthe forms of assurance in paragraphs (a), (b) and (c) are not\nappropriate—another form of security that the conservator\n(3) The conservator must not require financial assurance of an amount\ngreater than the total amount that the conservator reasonably believes\nis needed to repair the damage that could result from the activity.\n(4) A financial assurance must be given for the period stated in the\nfinancial assurance condition on the licence.\n(5) The Minister may determine matters to be considered by the\nconservator in deciding whether to impose a financial assurance\ncondition on a licence (financial assurance considerations).\n(6) A determination is a disallowable instrument.\n","sortOrder":305},{"sectionNumber":"280","sectionType":"section","heading":"Financial assurance condition—show cause","content":"280 Financial assurance condition—show cause\n(1) If the conservator proposes to impose a financial assurance condition\non a licence, the conservator must give the applicant or licensee\nwritten notice of the intention to impose the condition.\n(2) The notice must state—\n(a) the grounds for the proposed financial assurance condition; and\n(b) the amount and form of the proposed financial assurance; and\n(c) that the applicant or licensee may give a written submission to\nthe conservator showing cause why the proposed financial\nassurance condition should not be imposed; and\n(d) that submissions may be given to the conservator only during\nthe 20 working days after the day the notice is given to the\nlicensee (the show cause period).\n\n(3) The conservator must, within 20 working days after the end of the\nshow cause period—\n(a) consider any submissions received under subsection (2) (d); and\n(b) decide whether to impose the financial assurance condition; and\n(c) tell the applicant, or licensee, in writing (a decision notice)—\n(i) about the decision; and\n(ii) if the condition is to be imposed—when the financial\nassurance must be provided (the due date).\n(4) The conservator must not decide a due date that is earlier than\n10 working days after the day the decision notice is given to the\nlicensee.\n","sortOrder":306},{"sectionNumber":"281","sectionType":"section","heading":"Financial assurance condition—licence cancellation","content":"281 Financial assurance condition—licence cancellation\n(a) the conservator imposes a financial assurance condition on a\nlicence; and\n(b) the licensee does not provide the financial assurance—\n(i) in accordance with the financial assurance condition; or\n(ii) by the due date.\n(2) The conservator must cancel the licence.\n","sortOrder":307},{"sectionNumber":"282","sectionType":"section","heading":"Financial assurance condition—claim or realisation","content":"282 Financial assurance condition—claim or realisation\n(a) a licence is subject to a financial assurance condition; and\n(b) a population, habitat or ecosystem is seriously or materially\ndamaged because of the licensed activity; and\n\n(c) the conservator incurs, or will incur, expenses in repairing the\ndamage; and\n(d) the damage is the kind of harm for which the financial assurance\nmay be claimed or realised; and\n(e) the damage was not licensed under this Act.\n(2) The conservator may recover the reasonable expenses of repairing the\ndamage by making a claim on or realising the financial assurance.\n","sortOrder":308},{"sectionNumber":"283","sectionType":"section","heading":"Financial assurance condition—notice before claim or","content":"283 Financial assurance condition—notice before claim or\nrealisation\n(1) Before acting under section 282, the conservator must give the\nlicensee, a written notice stating—\n(a) the serious or material damage caused by the use of the licensed\nplace; and\n(b) details of the action taken, or to be taken, to repair the damage;\nand\n(c) the amount of the financial assurance to be claimed or realised;\nand\n(d) that the licensee may give a written submission to the\nconservator showing cause why the financial assurance should\nnot be claimed or realised as proposed; and\n(e) that a submission may be given to the conservator only during\nthe 20 working days (the show cause period) after the day the\nnotice is given to the licensee.\n(2) The conservator must, within 20 working days after the end of the\nshow cause period—\n(a) consider any submission received under subsection (1) (e); and\n(b) decide whether to make a claim on or realise the financial\nassurance; and\n\n(c) tell the licensee about the decision.\n","sortOrder":309},{"sectionNumber":"284","sectionType":"section","heading":"Financial assurance condition—recovery of extra costs","content":"284 Financial assurance condition—recovery of extra costs\n(a) the conservator makes a claim on or realises a financial\nassurance under a licence; and\n(b) the amount recovered by the conservator (the realised\nassurance) is less than the reasonable expenses that the\nconservator incurred, or will incur, in repairing the damage.\n(2) The conservator may give the licensee written notice—\n(a) requiring the licensee to pay the stated amount, being the\ndifference between the reasonable expenses and the realised\nassurance; and\n(b) stating when the stated amount is required to be paid (the due\ndate).\n(3) The conservator must not decide a due date that is earlier than\n20 working days after the day the notice is given to the licensee.\n(4) If the licensee does not pay the stated amount on or before the due\ndate, the amount that remains unpaid, together with interest on the\nunpaid amount, is a debt due to the Territory by the licensee.\nNote 1 A rate of interest may be determined under s 368 for this provision.\nNote 2 An amount owing under a law may be recovered as a debt in a court of\n\n","sortOrder":310},{"sectionNumber":"285","sectionType":"section","heading":"Financial assurance condition—money held by Territory","content":"285 Financial assurance condition—money held by Territory\n(1) If an amount of money is held by the Territory as a financial\nassurance, the following provisions apply:\n(a) interest accrues on so much of the original amount as from time\nto time remains unclaimed by the conservator under section 282\n(Financial assurance condition—claim or realisation);\nNote A rate of interest may be determined under s 368 for this provision.\n(b) for a claim made by the conservator under section 282—the\nfinancial assurance is taken to include any accrued interest other\nthan interest to which the licensee is entitled to be paid under\nparagraph (c);\n(c) during the period for which the financial assurance is required,\non each anniversary of the payment of the original amount, the\nlicensee is entitled to be paid by the Territory so much of the\ninterest that accrued during the year that ended on the day before\nthat anniversary as remains unclaimed by the conservator under\nsection 282;\n(d) the amount of the original amount and accrued interest that\nremains unclaimed by the conservator under section 282 must\nbe paid by the Territory to the licensee if the financial assurance\nis no longer required by the conservator.\n(2) For this section, a financial assurance is no longer required by the\nconservator if—\n(a) the conservator is satisfied that a financial assurance condition\nis no longer justified under section 279 (Financial assurance\ncondition—imposition); or\n(b) the licence has ended and section 282 (Financial assurance\ncondition—claim or realisation) does not apply.\n\nPart 11.5 Licences—amendment, transfer\nand renewal\n","sortOrder":311},{"sectionNumber":"286","sectionType":"section","heading":"Licence—amendment initiated by conservator","content":"286 Licence—amendment initiated by conservator\n(1) The conservator may, by written notice (an amendment notice) given\nto a licensee, amend the licence if satisfied that—\n(a) the licensee is a suitable person to hold the licence as amended;\nand\nlicensee is a suitable person to hold the licence as amended; and\n(c) the licensed activity is a suitable activity for the licence as\n(2) However, the conservator may amend the licence only if—\n(a) the conservator has given the licensee written notice of the\nproposed amendment (a proposal notice); and\n(b) the proposal notice states that written submissions about the\nproposal may be made to the conservator before the end of a\nstated period of at least 14 days after the day the proposal notice\nis given to the licensee; and\n(c) after the end of the stated period, the conservator has considered\nany submissions made in accordance with the proposal notice.\n(3) Subsection (2) does not apply to a person if the licensee applied for,\nor agreed in writing to, the amendment.\n(4) The amendment takes effect on the day the amendment notice is given\nto the licensee or a later day stated in the notice.\n\n","sortOrder":312},{"sectionNumber":"287","sectionType":"section","heading":"Licence—application to amend licence","content":"287 Licence—application to amend licence\n(1) A licensee may apply to the conservator to amend the licence.\n(2) A licensee must apply to the conservator for amendment of the\nlicence if someone else (the new person) is to—\n(a) have management or control of the licensed activity; or\n(b) if the licensee is a corporation—become an influential person\nfor the licensee.\n(3) The application must—\n(b) if the application is under subsection (2)—include complete\ndetails of suitability information about the new person.\nNote 2 Giving false or misleading information is an offence against the\nCriminal Code, s 338.\n","sortOrder":313},{"sectionNumber":"288","sectionType":"section","heading":"Licence—decision on application to amend licence","content":"288 Licence—decision on application to amend licence\n(1) This section applies if the conservator receives an application to\namend a licence under section 287.\n(2) The conservator may amend the licence only if satisfied that—\n(a) the licensee is a suitable person to hold the licence as amended;\nand\nlicensee is a suitable person to hold the licence as amended; and\n(c) if someone other than the proposed new licensee is to have\nmanagement or control of the activity for the licence—each\nperson who is to have management or control of the activity is a\nsuitable person to hold the licence as amended; and\n\n(d) the licensed activity is a suitable activity for the licence as\n(3) If the conservator decides to amend the licence, the conservator may\n(a) decide the application for amendment; and\n(b) tell the licensee about the decision.\n(a) if the conservator gives a person mentioned in section 287 (2) a\npersonal information notice under section 267—28 days after\nthe day the conservator receives the stated information;\nNote Failure to amend a licence within the required time is taken to be a\ndecision not to amend the licence (see ACT Civil and Administrative\n\n","sortOrder":314},{"sectionNumber":"289","sectionType":"section","heading":"Licence—application to transfer licence","content":"289 Licence—application to transfer licence\n(1) A licensee may apply to the conservator to transfer the licence to\nsomeone else (the proposed new licensee).\n(2) The application must—\n(b) include complete details of suitability information about—\n(i) the proposed new licensee; and\n(ii) if the proposed new licensee is a corporation—each\ninfluential person for the proposed new licensee; and\n(iii) if someone other than the proposed new licensee is to have\nmanagement or control of the activity for the licence—\neach person who is to have management or control of the\nactivity.\nNote 2 Giving false or misleading information is an offence against the Criminal\nCode, s 338.\n","sortOrder":315},{"sectionNumber":"290","sectionType":"section","heading":"Licence—decision on application to transfer licence","content":"290 Licence—decision on application to transfer licence\n(1) This section applies if the conservator receives an application to\ntransfer a licence under section 289.\n(2) The conservator may transfer the licence to the proposed new licensee\nonly if satisfied that each of the following people is a suitable person\nto hold the licence:\n(a) the proposed new licensee;\n(b) if the proposed new licensee is a corporation—each influential\nperson for the proposed new licensee;\n\n(c) if someone other than the proposed new licensee is to have\nmanagement or control of the activity for the licence—each\nperson who is to have management or control of the activity.\nNote Suitable person, to hold a licence—see s 265.\n(3) If the conservator decides to transfer the licence, the conservator may\n(a) decide the application for transfer; and\n(b) tell the old licensee and new licensee about the decision.\n(a) if the conservator gives a person mentioned in\nsection 289 (2) (b) a personal information notice under\nsection 267—28 days after the day the conservator receives the\nstated information;\n(b) 28 days after the day the conservator receives the application.\nNote Failure to transfer a licence within the required time is taken to be a\ndecision not to transfer the licence (see ACT Civil and Administrative\n","sortOrder":316},{"sectionNumber":"291","sectionType":"section","heading":"Licence—application for renewal of licence","content":"291 Licence—application for renewal of licence\n(1) A licensee may apply to the conservator to renew the licence for a\nperiod not longer than 5 years.\n(2) The application must be—\n(a) in writing; and\n(b) received by the conservator at least 30 days before the licence\nexpires.\n\n(3) However, the conservator may extend the time for making an\napplication.\nNote A licensee may apply to the conservator for the time to be extended, and\nthe conservator may extend the time, even though the time has ended (see\nLegislation Act, s 151C).\n(4) If a licensee applies to renew a licence under this section, the licence\nremains in force until the application is decided.\n","sortOrder":317},{"sectionNumber":"292","sectionType":"section","heading":"Licence—decision on application for renewal of licence","content":"292 Licence—decision on application for renewal of licence\n(1) This section applies if the conservator receives an application for\nrenewal of a licence under section 291.\n(2) The conservator may renew the licence only if satisfied that—\n(a) the licensee continues to be a suitable person to hold the licence;\nand\nlicensee continues to be a suitable person to hold the licence;\nand\n(c) if someone other than the licensee has management or control of\nthe licensed activity—each person who is to have management\nor control of the activity continues to be a suitable person to hold\nthe licence; and\n(d) the licensed activity continues to be a suitable activity for the\n(3) If the conservator decides to renew the licence, the conservator may\n(a) decide the application for renewal; and\n(b) tell the licensee about the decision.\n\n(a) if the conservator gives the applicant a personal information\nnotice under section 267—28 days after the day the conservator\nreceives the stated information;\nNote Failure to renew a licence within the required time is taken to be a\ndecision not to renew the licence (see ACT Civil and Administrative\n","sortOrder":318},{"sectionNumber":"293","sectionType":"section","heading":"Licence—replacing when lost, stolen or destroyed","content":"293 Licence—replacing when lost, stolen or destroyed\n(1) The conservator may issue a replacement licence to a licensee if\nsatisfied that the licensee’s original licence has been lost, stolen or\ndestroyed.\n(2) For subsection (1), the conservator may require the licensee to give\nthe conservator a statement verifying that the original licence has\nbeen lost, stolen or destroyed.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n\n","sortOrder":319},{"sectionNumber":"294","sectionType":"section","heading":"Licence—surrender","content":"294 Licence—surrender\n(1) A licensee may surrender the licence by giving written notice of the\nsurrender (a surrender notice) to the conservator.\n(2) The surrender notice must be accompanied by—\n(a) the licence; or\n(b) if the licence has been lost, stolen or destroyed—a statement by\nthe licensee verifying that the licence has been lost, stolen or\ndestroyed.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n","sortOrder":320},{"sectionNumber":"295","sectionType":"section","heading":"Offence—fail to notify change of name or address","content":"295 Offence—fail to notify change of name or address\n(b) the person’s name or address changes; and\n(c) the person does not, within 30 days after the change, give the\n(i) written notice of the change; and\n(ii) the licence.\nMaximum penalty: 1 penalty unit.\n\n","sortOrder":321},{"sectionNumber":"296","sectionType":"section","heading":"Licence—conservator to change name and address","content":"296 Licence—conservator to change name and address\n(1) This section applies if a licensee gives the conservator—\n(a) written notice of a change to the person’s name or address; and\n(b) the licence.\n(2) The conservator must enter the changed details on the licence and\nreturn it to the licensee.\n\n","sortOrder":322},{"sectionNumber":"297","sectionType":"section","heading":"Licence—grounds for regulatory action","content":"297 Licence—grounds for regulatory action\n(1) Each of the following is a ground for regulatory action against a\nlicensee:\n(a) the licensee has contravened, or is contravening, a provision of\nthis Act;\n(b) the licensee has contravened a condition of the licence.\nlicensee includes, if the person is a corporation, each executive\nofficer of the corporation.\n","sortOrder":323},{"sectionNumber":"298","sectionType":"section","heading":"Licence—regulatory action","content":"298 Licence—regulatory action\nEach of the following is regulatory action when taken against a\nlicensee:\n(a) imposing a condition on, or amending a condition on, the\nlicence;\n(b) suspending the licence for a stated period or until a stated thing\nhappens;\n(c) cancelling the licence;\n(d) cancelling the licence and disqualifying the person from\napplying for a licence of that kind for a stated period or until a\nstated thing happens.\n\n","sortOrder":324},{"sectionNumber":"299","sectionType":"section","heading":"Licence—taking regulatory action","content":"299 Licence—taking regulatory action\n(1) If the conservator proposes to take regulatory action in relation to a\nlicensee, the conservator must give the licensee a written notice\n(a show cause notice) stating—\n(a) details of the proposed regulatory action; and\n(b) the grounds for the proposed regulatory action; and\n(c) that the licensee may, not later than 14 days after the day the\nlicensee is given the notice, give a written submission to the\nconservator about the proposed regulatory action.\n(2) In deciding whether to take the proposed regulatory action, the\nconservator must consider any submission given to the conservator in\naccordance with the show cause notice.\n(3) If the conservator believes on reasonable grounds that a ground for\nregulatory action has been established in relation to the licensee, the\nconservator may—\n(a) take the regulatory action stated in the show cause notice; or\n(b) if the proposed regulatory action is cancelling the licence and\ndisqualifying the person from applying for a licence—\n(i) cancel the licence; or\n(ii) suspend the licence; or\n(iii) impose a condition on, or amend a condition on, the\nlicence; or\n(c) if the proposed regulatory action is cancelling the licence—\n(i) suspend the licence; or\n(ii) impose a condition on, or amend a condition on, the\nlicence; or\n\n(d) if the proposed regulatory action is suspending the licence—\n(i) suspend the licence for a shorter period; or\n(ii) impose a condition on, or amend a condition on, the\n(4) Regulatory action under this section takes effect on—\n(a) the day the licensee is given written notice of the decision; or\n(b) if the written notice states a later date of effect—that date.\n","sortOrder":325},{"sectionNumber":"300","sectionType":"section","heading":"Licence—immediate suspension","content":"300 Licence—immediate suspension\n(a) the conservator gives a show cause notice to a licensee; and\n(b) having regard to the grounds stated in the notice, the conservator\nbelieves on reasonable grounds that the person’s licence should\nbe suspended immediately because of a risk to—\n(i) public safety; or\n(ii) the safety of an animal or plant.\n(2) The conservator must give the licensee a written notice (an immediate\nsuspension notice) suspending the person’s licence.\n(3) The suspension of a licence under this section takes effect when the\nimmediate suspension notice is given to the licensee.\n(4) The suspension of a licence under this section ends—\n(a) if regulatory action is taken against the person—at the earlier of\nthe following times:\n(i) when the regulatory action takes effect;\n(ii) 30 days after the day the immediate suspension notice is\ngiven to the person; or\n\n(b) if regulatory action is not taken against the person—at the earlier\nof the following times:\n(i) when the person is given written notice of the conservator’s\ndecision not to take regulatory action;\n(ii) 30 days after the day the immediate suspension notice is\ngiven to the person.\n","sortOrder":326},{"sectionNumber":"301","sectionType":"section","heading":"Licence—effect of suspension","content":"301 Licence—effect of suspension\n(1) A suspended licence does not authorise the carrying on of any activity\nunder the licence during the suspension.\n(2) If the conservator suspends a licence, the licensee is, during the\nsuspension—\n(a) taken not to hold the licence; and\n(b) disqualified from applying for a licence.\n","sortOrder":327},{"sectionNumber":"302","sectionType":"section","heading":"Offence—fail to return amended, suspended or cancelled","content":"302 Offence—fail to return amended, suspended or cancelled\nlicences\n(b) the licence is amended, suspended or cancelled under this\ndivision; and\n(c) the person fails to return the licence to the conservator as soon\nas practicable (but not later than 7 days) after the day the person\nis given a reviewable decision notice under section 361.\n\n","sortOrder":328},{"sectionNumber":"303","sectionType":"section","heading":"Action by conservator in relation to amended or","content":"303 Action by conservator in relation to amended or\nsuspended licence\n(a) a licence is amended or suspended under this part; and\n(b) the licence is returned to the conservator.\n(2) For an amended licence, the conservator must—\n(a) return the amended licence to the licensee; or\n(b) give the licensee a replacement licence that includes the\namendment.\n(3) If a licence is suspended under this part and the suspension ends\nbefore the end of the term of the licence, the conservator must return\nthe licence to the licensee when the suspension ends.\n\nPart 11.7 Licence—register, records and\nroyalties\n","sortOrder":329},{"sectionNumber":"304","sectionType":"section","heading":"Licence register","content":"304 Licence register\n(1) The conservator must keep a register of licences (the licence\nregister).\n(2) The licence register must include the following details for each\nlicence:\n(a) the name of the licensee;\n(b) the licence number;\n(c) the licensed activity;\n(d) the term of the licence;\n(e) the conditions on the licence;\n(f) anything else prescribed by regulation.\n(3) The licence register may include anything else the conservator\nconsiders relevant.\n(4) The licence register may be kept in any form, including\nelectronically, that the conservator decides.\n","sortOrder":330},{"sectionNumber":"305","sectionType":"section","heading":"Licence register—correction and keeping up to date","content":"305 Licence register—correction and keeping up to date\n(1) The conservator may correct a mistake, error or omission in the\nlicence register.\n(2) The conservator may change a detail included in the register to keep\nthe register up to date.\n\nLicence—register, records and royalties Part 11.7\n","sortOrder":331},{"sectionNumber":"306","sectionType":"section","heading":"Offence—fail to keep records","content":"306 Offence—fail to keep records\n(b) the licence authorises the person to carry on an activity\ninvolving an animal or plant; and\n(c) the person does not keep the records required by regulation for\nthe licence.\n(b) the licence authorises the person to carry on an activity\ninvolving an animal, or plant, that has special protection status;\nand\n(c) the person does not keep the records required by regulation for\nthe licence.\nNote A conservation officer may direct a licensee to produce records required\nto be kept under this Act (see s 321). It is an offence to fail to comply\nwith the direction (see s 322).\n","sortOrder":332},{"sectionNumber":"307","sectionType":"section","heading":"Royalty","content":"307 Royalty\n(1) This section applies if a licence authorises a licensee to—\n(a) take a native animal; or\n(b) take a native plant; or\n\n(c) take native timber.\nNote Native timber—see s 139.\n(2) If the licensee sells or otherwise disposes of an animal, plant or timber\ntaken under the licence, the licensee must pay royalty for the animal,\nplant or timber to the Territory at the rate prescribed by regulation.\nNote Power to make a statutory instrument (including a regulation) includes\npower to make different provision in relation to different matters or\ndifferent classes of matters, and to make a regulation that applies\ndifferently by reference to stated exceptions or factors (see Legislation\nAct, s 48).\n\n","sortOrder":333},{"sectionNumber":"Part 12","sectionType":"part","heading":"Management agreements with","content":"Chapter 12 Management agreements with\nutility suppliers, land\ndevelopers and others\n","sortOrder":334},{"sectionNumber":"308","sectionType":"section","heading":"What are agencies and activities of agencies?—ch 12","content":"308 What are agencies and activities of agencies?—ch 12\nagency—\n(a) means an entity that is—\n(i) a supplier of gas, electricity, water or sewerage services; or\n(ii) responsible for the construction, repair and maintenance of\nnavigation serving beacons and telecommunications\nfacilities; or\n(iii) responsible for a development of land; and\n(b) includes the Territory to the extent to which the Territory is an\nentity mentioned in paragraph (a).\nNote Entity includes a person (see Legislation Act, dict, pt 1).\n(2) In this chapter:\nactivities, of an agency means—\n(a) for an entity that supplies gas, electricity, water or sewerage\nservices—construction, repair or maintenance carried out by the\nentity in association with the supply of the services; or\n(b) for an entity responsible for the construction, repair and\nmaintenance of navigation serving beacons and\ntelecommunications facilities—the construction, repair and\nmaintenance of navigation serving beacons and\ntelecommunications facilities carried out by the entity; or\n\n(c) for an entity responsible for the development of land—the\nentity’s development activities.\ndevelopment, in relation to land—see the Planning Act 2023,\nsection 14 (1).\ntelecommunications facility—see the Utilities (Telecommunications\nInstallations) Act 2001, dictionary.\n","sortOrder":335},{"sectionNumber":"309","sectionType":"section","heading":"What are management objectives?—ch 12","content":"309 What are management objectives?—ch 12\nmanagement objectives, for public land or unleased territory land—\n(a) means the objective of conserving the qualities of the natural\nenvironment on and near the land; and\n(i) any objectives, policies or purposes stated in the territory\nplan for the land; and\n(ii) for public land—the planning and development\nmanagement objectives for the land.\nNote Planning and development management objectives—see\nthe dictionary.\nnatural environment means all biological, physical and visual\nelements of the earth and its atmosphere, whether natural or modified.\n\n","sortOrder":336},{"sectionNumber":"310","sectionType":"section","heading":"What is a management agreement?—ch 12","content":"310 What is a management agreement?—ch 12\nmanagement agreement means an agreement between the\nconservator and an agency, in relation to public land or unleased\nterritory land, that—\n(a) sets out standards and conditions for avoiding or minimising any\nconflict with the management objectives for the land which may\narise as a result of the agency’s activities; and\n(b) may deal with the following matters:\n(i) access to the public land or unleased territory land;\n(ii) fire management on the public land or unleased territory\nland;\n(iii) drainage on the public land or unleased territory land;\n(iv) management and maintenance of public or private facilities\non the public land or unleased territory land;\n(v) rehabilitation of the public land or unleased territory land\nor public or private facilities on the land;\n(vi) indemnities;\n(vii) emergency procedures to be used on the public land or\nunleased territory land;\n(viii) internal stockpiling on the public land or unleased territory\nland;\n(ix) fencing on the public land or unleased territory land;\n(x) feral animals and weed control on the public land or\nunleased territory land; but\n(c) does not conflict with a development approval given under the\nPlanning Act 2023, chapter 7.\n\n","sortOrder":337},{"sectionNumber":"311","sectionType":"section","heading":"Management agreement—conservator may propose","content":"311 Management agreement—conservator may propose\n(1) The conservator may propose a management agreement to an agency\nif—\n(a) the agency’s activities affect, or may affect, public land or\nunleased territory land; and\n(b) the conservator reasonably believes the activities may conflict\nwith the management objectives for the land.\n(2) If the conservator intends to propose a management agreement to an\nagency, the conservator must—\n(a) consult the agency in developing the agreement; and\n(b) consider any representations made by the agency about the\nagreement.\n(3) After consulting and considering any representations under\nsubsection (2), the conservator must give the agreement\n(the proposed agreement) to the agency together with a notice\nstating—\n(a) that the agency may—\n(i) enter into the proposed agreement by signing the\nagreement and returning it to the conservator within\n28 days after the date of the notice (the due date); or\n(ii) refuse to enter into the proposed agreement by telling the\nconservator, in writing, of the refusal before the due date;\nand\n(b) that if the agency does not act under paragraph (a) before the due\ndate, that the agency will be taken to have refused to enter into\nthe proposed agreement; and\n\n(c) the consequences under this part for the agency of—\n(i) refusing to enter into the proposed agreement; and\n(ii) if the agency enters the agreement—breaching a term of\nthe agreement.\n","sortOrder":338},{"sectionNumber":"312","sectionType":"section","heading":"Management agreement—agency may enter or refuse","content":"312 Management agreement—agency may enter or refuse\n(1) If the conservator has given a proposed agreement to an agency under\nsection 311, the agency may—\n(a) enter into the proposed agreement by signing the agreement and\nreturning it to the conservator before the due date; or\n(b) refuse to enter into the agreement by telling the conservator, in\nwriting, of the refusal before the due date.\n(2) If an agency does not act under subsection (1), the agency is taken to\nhave refused to enter into the proposed agreement.\n","sortOrder":339},{"sectionNumber":"313","sectionType":"section","heading":"Management agreement—refusal and repairing damage","content":"313 Management agreement—refusal and repairing damage\n(a) an agency refuses to enter into a proposed agreement for public\nland or unleased territory land; and\n(b) the agency’s activities damage the land.\n(b) recover from the agency the reasonable costs of repairing the\nNote An amount owing under a law may be recovered as a debt in a court\nof competent jurisdiction or the ACAT (see Legislation Act, s 177).\n\n","sortOrder":340},{"sectionNumber":"314","sectionType":"section","heading":"Management agreement—breach of agreement and","content":"314 Management agreement—breach of agreement and\nrepairing damage\n(a) an agency enters into a management agreement for public land\nor unleased territory land; and\n(b) the agency carries on activities on the land that are inconsistent\nwith the agreement; and\n(c) the activities damage the land.\n(b) recover from the agency the reasonable costs of repairing the\nNote An amount owing under a law may be recovered as a debt in a court\nof competent jurisdiction or the ACAT (see Legislation Act, s 177).\n\nLand development applications Chapter 13\n","sortOrder":341},{"sectionNumber":"315","sectionType":"section","heading":"Meaning of development—ch 13","content":"315 Meaning of development—ch 13\ndevelopment means a proposed development to which a development\napplication applies.\ndevelopment application—see the Planning Act 2023,\nsection 166 (1).\n","sortOrder":342},{"sectionNumber":"316","sectionType":"section","heading":"Simplified outline","content":"316 Simplified outline\nThe following notes provide a simplified outline of this chapter and\nthe Planning Act 2023, chapter 7 (Development assessment and\napprovals):\nNote 1 Certain development applications to be referred to conservator\nThe territory planning authority is required to refer a development\napplication to the conservator if the application is likely to have a\nsignificant adverse environmental impact on a protected matter (see\nPlanning Act 2023, s 170 (1) (c)). The territory planning authority may\nalso be required to refer other development applications to the\nconservator (see Planning Act 2023, s 170 and s 171).\nNote 2 Conservator to give advice about development application\nThe conservator gives advice to the territory planning authority, within\nthe prescribed number of days, about adverse environmental impacts of\nthe proposed development (see Planning Act 2023, s 172). The\nconservator may also give the authority advice about adverse\nenvironmental impacts under this Act, s 317.\nNote 3 Conservator’s advice to be considered\nThe conservator’s advice must be considered by the decision-maker in\ndeciding a development application referred to the conservator (see\nPlanning Act 2023, s 186 (i), s 189 and s 190).\n\nNote 4 Approvals inconsistent with conservator’s advice\nA development approval that is inconsistent with the conservator’s advice\nmay be given by the decision-maker in certain circumstances (see\nPlanning Act 2023, s 190 (1) (a) (i)).\nA development approval that is inconsistent with the conservator’s advice\nfor a significant development that is likely to have a significant adverse\nenvironmental impact on a declared protected matter may only be given\nby the chief planner or Minister in certain circumstances (see Planning\nAct 2023, s 190 (2)).\n","sortOrder":343},{"sectionNumber":"317","sectionType":"section","heading":"Advice about adverse environmental impacts","content":"317 Advice about adverse environmental impacts\n(1) This section applies if the conservator is satisfied on reasonable\ngrounds that a proposed development is likely to have an adverse\nenvironmental impact.\n(2) The conservator may give the territory planning authority written\nadvice in accordance with section 318 about the development.\nNote If the territory planning authority refers a development application to the\nconservator under the Planning Act 2023, s 170 and s 171, the conservator\nmust, not later than the number of days prescribed by regulation after the\nday of the referral, give the territory planning authority the conservator’s\nadvice (see Planning Act 2023, s 172).\n","sortOrder":344},{"sectionNumber":"318","sectionType":"section","heading":"Requirements for conservator’s advice","content":"318 Requirements for conservator’s advice\n(1) This section applies if the conservator gives advice—\n(a) under section 317 about a development; or\n(b) under the Planning Act 2023, section 172 (Entity advice on\ndevelopment applications) about a development application.\n(2) The conservator’s advice must include—\n(a) an outline of the environmental impact of the proposed\ndevelopment; and\n(b) advice about ways to avoid or minimise the environmental\nimpact of the proposed development; and\n\nLand development applications Chapter 13\n(c) an assessment of whether the proposed development is likely to\nhave a significant adverse environmental impact on a protected\nmatter; and\n(d) if the proposed development is likely to have a significant\nadverse environmental impact on a protected matter—advice\nabout suitable offsets for the proposed development.\nNote If the proposed development is likely to have a significant adverse\nenvironmental impact, the Minister may declare that an EIS must be\nundertaken for the proposal and may require an offset (see Planning\nAct 2023, s 106 and s 223, def offset).\n(3) In preparing the advice, the conservator—\n(a) must consider—\n(i) the policy statement ‘Significant Impact Guidelines—\nMatters of National Environmental Significance’\npublished by the Commonwealth, as in force from time to\ntime; and\nNote The policy statement is available at www.dcceew.gov.au.\n(ii) the offsets policy; and\n(b) may consider any other guideline, plan or policy published by\nthe Territory or the Commonwealth about—\n(i) protected matters; or\n(ii) matters of national environmental significance.\noffset, for a development that is likely to have a significant adverse\nenvironmental impact on a protected matter—see the Planning\nAct 2023, section 223.\noffsets policy—see the Planning Act 2023, section 224.\n\nprotected matter—see the Planning Act 2023, section 221 (1).\nsignificant adverse environmental impact—see the Planning\nAct 2023, section 104.\n\nMinor public works in reserves Chapter 13A\n","sortOrder":345},{"sectionNumber":"318A","sectionType":"section","heading":"Minor public works code","content":"318A Minor public works code\n(1) The conservator of flora and fauna may approve a code of practice\n(a minor public works code) for minor public works carried out by or\nfor the Territory in a reserve.\n(2) A minor public works code—\n(a) must set out standards and practices for carrying out minor\npublic works in a reserve to ensure the works are not likely to\nhave a significant adverse environmental impact; and\n(b) may include the following:\n(i) circumstances in which minor public works are not likely\nto have a significant adverse environmental impact;\n(ii) conditions to apply to stated minor public works to ensure\nthe works do not have a significant adverse environmental\nimpact.\n(3) An approved minor public works code may apply, adopt or\nincorporate a law or instrument as in force from time to time.\nNote 1 The text of an applied, adopted or incorporated law or instrument,\nNote 2 A reference to an instrument includes a reference to a provision of an\ninstrument (see Legislation Act, s 14 (2)).\n(4) If the conservator of flora and fauna approves a minor public works\ncode, the conservator must review the code at least once every\n5 years.\n\n(5) An approved minor public works code is a disallowable instrument.\n\n","sortOrder":346},{"sectionNumber":"319","sectionType":"section","heading":"Direction to give name and address","content":"319 Direction to give name and address\n(1) This section applies if a conservation officer believes on reasonable\ngrounds that a person—\n(a) has committed, is committing or is about to commit an offence\nagainst this Act; or\n(b) may be able to assist in the investigation of an offence against\nNote A reference to an Act includes a reference to the statutory instruments\n(2) The conservation officer may direct the person to give the\nconservation officer, immediately, any of the following personal\ndetails (a name and address direction):\n(a) the person’s full name;\n(b) the person’s home address.\nNote The conservation officer must first show the person the conservation\nofficer’s identity card (see s 30).\n(3) If the conservation officer believes on reasonable grounds that a\npersonal detail given by a person in response to a name and address\ndirection is false or misleading, the conservation officer may direct\nthe person to produce evidence immediately of the correctness of the\ndetail (an evidence direction).\n(4) If a conservation officer gives a direction to a person, the officer must\ntell the person that it is an offence if the person fails to comply with\n\n(5) If a conservation officer gives a direction to a person, the officer must\ngive the direction in a language, or way of communicating, that the\nperson is likely to understand.\n","sortOrder":347},{"sectionNumber":"320","sectionType":"section","heading":"Offence—fail to comply with direction to give name and","content":"320 Offence—fail to comply with direction to give name and\naddress\n(a) is subject to—\n(i) a name and address direction; or\n(ii) an evidence direction; and\nNote It is an offence to make a false or misleading statement or give false or\nnot—\n(a) produce the conservation officer’s identity card for inspection\nby the person before giving the direction; or\n(b) before giving the direction, warn the person that failure to\ncomply with the direction is an offence.\n","sortOrder":348},{"sectionNumber":"321","sectionType":"section","heading":"Direction to produce licence or records","content":"321 Direction to produce licence or records\n(1) A conservation officer may direct a licensee to produce—\n(a) the licensee’s nature conservation licence; or\n\n(b) a record required to be kept by the licensee under this Act.\nNote 1 A reference to an Act includes a reference to the statutory instruments\nNote 2 It is an offence to make a false or misleading statement or give false or\n(2) The direction must be in writing and state—\n(a) the licence or record to be produced; and\n(b) where and to whom the licence or record is to be produced; and\n(c) when the direction must be complied with (the due date), being\na day at least 2 days after the day the direction is given to the\nperson; and\n(d) that if the licence or record is not provided by the due date, the\nperson may be committing an offence under section 322.\n(3) The conservation officer may do 1 or more of the following:\n(a) inspect the licence or record produced;\n(b) make copies of, or take extracts from the licence or record\nproduced;\n(c) seize and remove the licence or record produced if the officer\nbelieves on reasonable grounds that it may provide evidence of\nan offence against this Act.\n","sortOrder":349},{"sectionNumber":"322","sectionType":"section","heading":"Offence—fail to comply with direction to produce licence","content":"322 Offence—fail to comply with direction to produce licence\nor record\n(a) is subject to a direction under section 321; and\n\n(3) This section does not apply to a person if the person has a reasonable\nexcuse for failing to comply with the direction.\n","sortOrder":350},{"sectionNumber":"323","sectionType":"section","heading":"Direction to provide information","content":"323 Direction to provide information\n(1) This section applies if a conservation officer suspects on reasonable\ngrounds that a person has information or documents reasonably\nrequired by the conservation officer for the administration or\nenforcement of this Act.\n(2) The conservation officer may direct the person to provide the\ninformation or documents to the conservation officer (an information\ndirection).\n(3) The direction must be in writing and state—\n(a) the name of the person to whom it is directed; and\n(b) the information or documents required to be provided; and\n(c) why the information or documents are required; and\n(d) when the direction must be complied with (the due date), being\na day at least 2 days after the day the direction is given to the\nperson; and\n(e) that if the information is not provided by the due date the person\nmay be committing an offence under section 324.\n","sortOrder":351},{"sectionNumber":"324","sectionType":"section","heading":"Offence—fail to comply with information direction","content":"324 Offence—fail to comply with information direction\n(a) is subject to an information direction; and\n\nNote It is an offence to make a false or misleading statement or give false or\n(3) This section does not apply to a person if the person—\n(a) did not know, and could not reasonably be expected to know or\nfind out, the information required under the direction; or\n(b) did not have reasonable access to the documents required under\n","sortOrder":352},{"sectionNumber":"325","sectionType":"section","heading":"Direction to leave reserve","content":"325 Direction to leave reserve\n(a) a person is in a reserve; and\n(b) a conservation officer believes on reasonable grounds that the\n(i) has acted in an offensive way; or\n(ii) has acted in a way that creates a public nuisance; or\n(iii) has committed, is committing or is about to commit an\noffence against this Act.\n(2) The conservation officer may direct the person to immediately leave\nthe reserve (a leave reserve direction).\nNote The conservation officer must first show the person the conservation\nofficer’s identity card (see s 30).\n(3) A leave reserve direction must state—\n(a) the location of the reserve; and\n\n(b) that the person may return to the reserve only after—\n(i) if a closed reserve declaration under section 259 is in force\nfor the reserve—the declaration ends; or\n(ii) in any other case—a stated time not more than 24 hours\nafter the direction is given to the person.\nNote It is an offence to enter, or remain in, a reserve if a closed reserve\ndeclaration is in force for the reserve (see s 260).\n(4) If a conservation officer gives a direction to a person, the officer must\ntell the person that it is an offence if the person fails to comply with\n","sortOrder":353},{"sectionNumber":"326","sectionType":"section","heading":"Offence—fail to comply with direction to leave reserve","content":"326 Offence—fail to comply with direction to leave reserve\n(a) is subject to a leave reserve direction; and\nnot—\n(a) produce the conservation officer’s identity card for inspection\nby the person before giving the direction; or\n(b) before giving the direction, warn the person that failure to\ncomply with the direction is an offence.\n\n","sortOrder":354},{"sectionNumber":"327","sectionType":"section","heading":"Direction to stop vehicle","content":"327 Direction to stop vehicle\n(1) This section applies if a conservation officer suspects on reasonable\ngrounds that a vehicle, or something in a vehicle, is connected with\nan offence against this Act.\nNote In, a vehicle, includes on the vehicle (see dict).\nVehicle includes vessel (see dict).\n(2) The conservation officer may, to exercise a function under\ndivision 14.2.2 (Powers of conservation officers), direct the driver of\nthe vehicle to stop the vehicle (a stop vehicle direction)—\n(a) without delay; or\n(b) at the nearest place that the vehicle can be safely stopped as\nindicated by the conservation officer.\nNote A conservation officer can enter a vehicle stopped under this section (see\ns 338 (1) (g)) and inspect or examine, etc anything in the vehicle (see\ns 341).\n(3) A direction may be given to a driver orally or by means of a sign or\nsignal (electronic or otherwise) or in any other way.\n(4) A direction to a driver ceases to be operative to the extent that a\nconservation officer—\n(a) gives the driver or other person a later inconsistent direction; or\n(b) indicates to the driver that the direction is no longer operative.\n(5) However, a conservation officer may direct a vehicle to be stopped\nonly for the amount of time necessary for the conservation officer to\nexercise the function.\nconnected—see section 337.\noffence—see section 337.\n\n","sortOrder":355},{"sectionNumber":"328","sectionType":"section","heading":"Offence—fail to comply with stop vehicle direction","content":"328 Offence—fail to comply with stop vehicle direction\n(a) is subject to a stop vehicle direction under section 327; and\nnot produce the conservation officer’s identity card for inspection by\nthe person as soon as practicable after giving the direction.\n","sortOrder":356},{"sectionNumber":"329","sectionType":"section","heading":"Urgent directions","content":"329 Urgent directions\n(1) This section applies if the conservator reasonably believes that a\n(a) has breached, is breaching or is about to breach a nature\nconservation licence; or\n(b) has contravened, is contravening or is about to contravene a\nprovision of this Act; or\nExamples—contravention of provision of Act\n1 contravention of an action plan\n2 contravention of a native species conservation plan\n3 contravention of a controlled native species management plan\n\n(c) has engaged in, is engaging in or is about to engage in conduct\nthat may threaten—\n(i) a native species that has special protection status; or\n(ii) a threatened ecological community; or\nNote Threatened ecological community—see s 67.\n(iii) the habitat of—\n(A) a native species that has protection status; or\n(B) a threatened ecological community; or\n(iv) a Ramsar wetland.\n(2) The conservator may direct (an urgent direction) the person to—\n(a) take action to stop the breach, contravention or threat; or\n(b) cease conduct causing the breach, contravention or threat.\n(3) An urgent direction must either—\n(a) state—\n(i) the action to be taken; and\n(ii) when the direction must be complied with; or\n(b) state—\n(i) the conduct not to be undertaken; and\n(ii) how long the direction is in force.\n(4) An urgent direction must not state a day or time for compliance that\nis earlier than the day or time the person is given the direction.\n\n","sortOrder":357},{"sectionNumber":"330","sectionType":"section","heading":"Offence—fail to comply with urgent direction","content":"330 Offence—fail to comply with urgent direction\n(a) is subject to an urgent direction; and\n(b) fails to take reasonable steps to comply with the direction.\nnot produce the conservation officer’s identity card for inspection by\nthe person before giving the direction.\n","sortOrder":358},{"sectionNumber":"331","sectionType":"section","heading":"Conservator’s directions","content":"331 Conservator’s directions\n(a) 1 or more of the following is on occupied land:\n(i) a native species;\n(ii) an ecological community;\n(iii) the habitat of a native species or ecological community;\nand\n(b) the conservator reasonably believes that there is conduct that the\noccupier—\n(i) may engage in that may threaten the native species,\ncommunity or habitat; or\n(ii) could engage in that would promote the protection or\nconservation of the native species, community or habitat.\n\n(2) The conservator may give the occupier a direction about the\nprotection or conservation of the species, community or habitat on the\nland (a conservator’s direction).\n(3) A conservator’s direction must not be inconsistent with any of the\nfollowing that apply to the species, community or habitat:\n(a) a conservation advice;\nNote Conservation advice—see s 90C (1).\n(b) an action plan;\nNote Action plan, for a relevant species, relevant ecological community\nor key threatening process—see s 99.\n(c) a native species conservation plan;\n(d) a controlled native species management plan.\nNote Controlled native species management plan, for a controlled\nnative species—see s 158.\n(4) A conservator’s direction must—\n(b) state when the direction must be complied with, being a day at\nleast 14 days after the day the direction is given to the occupier.\n","sortOrder":359},{"sectionNumber":"332","sectionType":"section","heading":"Offence—fail to comply with conservator’s direction","content":"332 Offence—fail to comply with conservator’s direction\n(a) is subject to a conservator’s direction; and\n(a) the person is subject to a conservator’s direction; and\n\n(b) the direction relates to—\n(i) a native species that has special protection status; or\n(ii) a threatened ecological community; or\n(iii) the habitat of—\n(A) a native species that has special protection status; or\n(B) a threatened ecological community; or\n(iv) a Ramsar wetland; and\n(c) the person fails to comply with the direction.\nMaximum penalty: 100 penalty units.\nSpecial protection status—see s 109.\nThreatened ecological community—see s 67.\n(3) This section does not apply to a person if the person took reasonable\nsteps to comply with the conservator’s direction.\n","sortOrder":360},{"sectionNumber":"333","sectionType":"section","heading":"Treatment directions","content":"333 Treatment directions\n(1) This section applies if the conservator reasonably believes that—\n(a) a person is keeping a native animal or native plant; and\n(b) the animal or plant is suffering from a disease; and\n(c) it is necessary or desirable for a particular kind of treatment to\nbe carried out in connection with the disease.\n(2) The conservator may direct the keeper of the native animal or native\nplant to carry out a stated treatment on the animal or plant\n(a treatment direction).\n\n(3) In deciding whether to make a treatment direction, the conservator\nmust consider the following matters:\n(a) the likelihood of the disease infecting other animals or plants;\n(b) the impact of the disease if it were to infect other animals or\nplants;\n(c) any matter prescribed by regulation;\n(d) any other matter relevant to the protection or conservation of native\nanimals and native plants.\n(4) A treatment direction must be in writing and state the following:\n(a) the native animal or native plant to which it relates;\n(b) the disease to which it relates;\n(c) the treatment to be carried out;\n(d) when the direction must be complied with.\n","sortOrder":361},{"sectionNumber":"334","sectionType":"section","heading":"Offence—fail to comply with treatment direction","content":"334 Offence—fail to comply with treatment direction\nA person commits an offence if the person—\n(a) is subject to a treatment direction; and\n","sortOrder":362},{"sectionNumber":"335","sectionType":"section","heading":"Treatment of animal or plant by Territory","content":"335 Treatment of animal or plant by Territory\n(a) is subject to a treatment direction; and\n(b) either—\n(i) fails to comply with the direction; or\n\n(ii) complies with the direction but the native animal or native\nplant does not respond satisfactorily to the treatment within\na reasonable time.\n(2) The conservator may direct the person to—\n(a) give the native animal or native plant to the conservator; or\n(b) destroy the native animal or native plant.\n(3) If the person fails to comply with the direction under subsection (2),\nthe conservator may—\n(a) enter the premises where the native animal or native plant is\nkept, with the assistance that the conservator considers\nnecessary; and\n(b) seize the native animal or native plant.\nNote Premises includes land (whether vacant or occupied), a vessel and a\nvehicle (see dict).\n(4) If the conservator seizes a native animal or native plant under\nsubsection (3), the conservator may—\n(a) carry out the treatment, and dispose of the animal or plant in the\nway, that the conservator considers appropriate; and\n(b) recover the reasonable costs of treating and disposing of the\nanimal or plant from the person.\nNote 1 General powers of entry and seizure are in pt 14.2.\nNote 2 An amount owing under a law may be recovered as a debt in a court of\n\n","sortOrder":363},{"sectionNumber":"336","sectionType":"section","heading":"Injunctions to restrain contravention of urgent directions","content":"336 Injunctions to restrain contravention of urgent directions\nand conservator’s directions\n(1) This section applies if a person (the relevant person) has engaged, is\nengaging, or proposes to engage, in conduct that was, is, or would be,\na contravention of—\n(a) an urgent direction; or\nNote Urgent direction—see s 329 (2).\n(b) a conservator’s direction.\nNote Conservator’s direction—see s 331 (2).\n(2) The conservator or anyone else may apply to the Supreme Court for\nan injunction.\n(3) On application under subsection (2), the Supreme Court may grant an\ninjunction—\n(a) restraining the relevant person from engaging in the conduct;\nand\n(b) if satisfied that it is desirable to do so—requiring the relevant\nperson to do anything.\n(4) The Supreme Court may grant an injunction restraining a relevant\nperson from engaging in conduct of a particular kind—\n(a) if satisfied that the person has engaged in conduct of that kind,\nwhether or not it appears to the court that the person intends to\nengage again, or to continue to engage, in conduct of that kind;\nor\n(b) if it appears to the court that, if an injunction is not granted, it is\nlikely the person will engage in conduct of that kind, whether or\nnot the person has previously engaged in conduct of that kind\nand whether or not there is an imminent danger of substantial\ndamage to someone else if the person engages in conduct of that\nkind.\n\n(5) This section applies whether or not a proceeding for an offence\nagainst this chapter has begun or is about to begin.\n\nDefinitions—pt 14.2 Division 14.2.1\nPart 14.2 Enforcement by conservation\nofficers\nDivision 14.2.1 Definitions—pt 14.2\n337 Definitions—pt 14.2\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\noccupier, of premises, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\n(b) a person apparently in charge of the premises; and\n(c) for a vehicle—the driver of the vehicle.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\nwarrant means a warrant issued under division 14.2.3 (Search\nwarrants).\n\n","sortOrder":364},{"sectionNumber":"338","sectionType":"section","heading":"Power to enter premises","content":"338 Power to enter premises\n(1) For this Act, a conservation officer may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\nNote Premises includes land (whether vacant or occupied), a vehicle, a\nvessel and an aircraft (see dict).\n(b) at any time, enter premises with the occupier’s consent; or\n(c) at any reasonable time, enter premises where an animal or plant\nis kept under a nature conservation licence; or\n(d) at any reasonable time, enter premises if the conservation officer\nsuspects that—\n(i) an animal that is not an exempt animal is on the premises;\nor\n(ii) a native plant is on the premises; or\n(e) enter premises in accordance with a search warrant; or\n(f) at any time, enter premises if the conservation officer believes\non reasonable grounds that the circumstances are so serious and\nurgent that immediate entry to the premises without the\nauthority of a search warrant is necessary; or\n(g) if a vehicle is stopped under section 327—enter the vehicle.\n(2) However, subsection (1) (a) and (c) do not authorise entry into a part\nof premises that is being used only for residential purposes.\n(3) For subsection (1) (f), the conservation officer may enter the premises\nwith any necessary and reasonable assistance and force.\n\n(4) A conservation officer may, without the consent of the occupier of\npremises—\n(a) if the premises are land—enter the land to ask for consent to\nremain at the premises; or\n(b) in any other case—enter land around the premises to ask for\nconsent to enter the premises.\n(5) To remove any doubt, a conservation officer may enter premises\nunder subsection (1) without payment of an entry fee or other charge.\nat any reasonable time includes at any time when the public is\nentitled to use the premises or when the premises are open to or used\nby the public (whether or not on payment of money).\n","sortOrder":365},{"sectionNumber":"339","sectionType":"section","heading":"Production of identity card","content":"339 Production of identity card\nA conservation officer must not remain at premises entered under this\npart if the conservation officer does not produce the officer’s identity\ncard when asked by the occupier.\nNote Premises includes land (whether vacant or occupied), a vehicle, a vessel\nand an aircraft (see dict).\n","sortOrder":366},{"sectionNumber":"340","sectionType":"section","heading":"Consent to entry","content":"340 Consent to entry\n(1) When seeking the consent of an occupier of premises to enter\npremises under section 338 (1) (b), a conservation officer must—\n(a) produce the officer’s identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused.\n\n(2) If the occupier consents, the conservation officer must ask the\noccupier to sign a written acknowledgment (an acknowledgment of\nconsent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the conservation\nofficer must immediately give a copy to the occupier.\n(4) A court must find that the occupier did not consent to entry to the\npremises by the conservation officer under this part if—\n(a) the question arises in a proceeding in the court whether the\noccupier consented to the entry; and\n(b) an acknowledgment of consent is not produced in evidence; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":367},{"sectionNumber":"341","sectionType":"section","heading":"General powers on entry to premises","content":"341 General powers on entry to premises\n(1) A conservation officer who enters premises under this part may, for\nthis Act, do 1 or more of the following in relation to the premises or\nanything on the premises:\n(a) inspect or examine;\n(b) take measurements or conduct tests;\n(c) take samples;\n(d) take photographs, films or audio, video or other recordings;\n\n(e) require the occupier, or anyone at the premises, to give the\nconservation officer reasonable help to exercise a power under\nthis part.\nNote 1 Premises includes land (whether vacant or occupied), a vehicle, a vessel\nand an aircraft (see dict).\nNote 2 The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(2) A person must take reasonable steps to comply with a requirement\nmade of the person under subsection (1) (e).\n","sortOrder":368},{"sectionNumber":"342","sectionType":"section","heading":"Power to seize things","content":"342 Power to seize things\n(1) A conservation officer who enters premises under this part with the\noccupier’s consent may seize anything at the premises if—\n(a) the conservation officer is satisfied on reasonable grounds that\nthe thing is connected with an offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the occupier when seeking the occupier’s consent.\n(2) A conservation officer who enters premises under a warrant under\nthis part may seize anything at the premises that the conservation\nofficer is authorised to seize under the warrant.\n(3) A conservation officer who enters premises under this part (whether\nwith the occupier’s consent, under a warrant or otherwise) may seize\nanything at the premises if satisfied on reasonable grounds that—\n(a) the thing is connected with an offence against this Act; and\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n\n(4) Also, a conservation officer who enters premises under this part\n(whether with the occupier’s consent, under a warrant or otherwise)\nmay seize anything at the premises if satisfied on reasonable grounds\nthat the thing poses a risk to the health or safety of people or of\ndamage to property or the environment.\n(5) The powers of a conservation officer under subsections (3) and (4)\nare additional to any powers of the conservation officer under\nsubsection (1) or (2) or any other territory law.\n(6) Having seized a thing, a conservation officer may—\n(a) remove the thing from the premises where it was seized\n(the place of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n(7) A person commits an offence if—\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (6); and\n(b) the person does not have a conservation officer’s approval to\ninterfere with the thing.\n(8) An offence against this section is a strict liability offence.\n","sortOrder":369},{"sectionNumber":"343","sectionType":"section","heading":"Seizure and release of distressed native birds","content":"343 Seizure and release of distressed native birds\n(a) a conservation officer suspects on reasonable grounds that—\n(i) a person is in possession of a native bird; and\n(ii) the bird is connected with the commission of an offence\nagainst this Act; and\n\n(b) the person does not, when asked by the conservation officer,\nproduce for inspection by the conservation officer a nature\nconservation licence authorising the possession of the bird; and\n(c) the conservation officer believes on reasonable grounds that—\n(i) the bird is suffering pain or is in a state of distress; or\n(ii) the keeping of the bird in captivity, or in the kind of\ncaptivity in which it is being kept by the person, is likely\nto endanger the life of, or cause distress or otherwise be\nharmful to, the bird.\n(2) The conservation officer may—\n(a) seize the bird; and\n(b) if the conservation officer believes on reasonable grounds that\nthe welfare of the bird is best provided for by releasing the\nbird—release the bird.\nNote The Territory may be required to pay the owner of the animal\nreasonable compensation for its loss (see s 357).\n(3) However, a conservation officer must not seize or release a bird under\nsubsection (2) if the conservation officer does not produce the\nconservation officer’s identity card for inspection if asked by the\nperson.\nnative bird means a bird that is—\n(a) a native animal; but\nNote Native animal—see s 12.\n(b) not an exempt animal.\n\n","sortOrder":370},{"sectionNumber":"344","sectionType":"section","heading":"Release of distressed animals—court orders","content":"344 Release of distressed animals—court orders\n(1) If the conservator considers that an animal seized under section 342\n(Power to seize things) is likely to die or suffer pain or be subjected\nto distress unless it is released from captivity, the conservator may\napply to the Magistrates Court for an order that the animal be released\nfrom captivity.\n(2) An application must clearly state the reasons for seeking the order.\n(3) An application may only be made before a prosecution is begun for\nan offence against this Act in relation to the animal or during the\nprosecution.\n(4) The court may, before deciding an application, require notice of the\napplication to be given to anyone that the court considers appropriate.\n(5) On deciding an application, the court may—\n(a) order that the animal be released from captivity; or\n(b) dismiss the application.\n(6) If the court makes an order for the release of an animal—\n(a) the court may give the directions relating to observations to be\nmade, and records to be kept, about the animal that the court\n(b) the animal must not be released until the directions have been\ncomplied with.\nNote The Territory may be required to pay the owner of the animal\nreasonable compensation for its loss (see s 357).\n\nSearch warrants Division 14.2.3\n","sortOrder":371},{"sectionNumber":"345","sectionType":"section","heading":"Warrants generally","content":"345 Warrants generally\n(1) A conservation officer may apply to a magistrate for a warrant to enter\npremises.\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\nconservation officer gives the magistrate all the information the\nmagistrate requires about the application in the way the magistrate\nrequires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 7 days.\n(5) The warrant must state—\n(a) that a conservation officer may, with any necessary assistance\nand force, enter the premises and exercise the conservation\nofficer’s powers under this part; and\n(b) the offence for which the warrant is issued; and\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 7 days after the day of the warrant’s issue, the\nwarrant ends.\n\n","sortOrder":372},{"sectionNumber":"346","sectionType":"section","heading":"Warrants—application made other than in person","content":"346 Warrants—application made other than in person\n(1) A conservation officer may apply for a warrant by phone, fax, email,\nradio or other form of communication if the conservation officer\nconsiders it necessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the conservation officer must\nprepare an application stating the grounds on which the warrant is\nsought.\n(3) The conservation officer may apply for the warrant before the\napplication is sworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the conservation officer if it is practicable to do so.\n(5) If it is not practicable to provide a written copy to the conservation\nofficer—\n(a) the magistrate must tell the conservation officer—\n(i) the terms of the warrant; and\n(ii) the date and time the warrant was issued; and\n(b) the conservation officer must complete a form of warrant\n(the warrant form) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the conservation officer, authorises the entry and the\nexercise of the conservation officer’s powers under this part.\n\nSearch warrants Division 14.2.3\n(7) The conservation officer must, at the first reasonable opportunity,\nsend to the magistrate—\n(a) the sworn application; and\n(b) if the conservation officer completed a warrant form—the\ncompleted warrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(9) A court must find that a power exercised by the conservation officer\nwas not authorised by a warrant under this section if—\n(a) the question arises in a proceeding in the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":373},{"sectionNumber":"347","sectionType":"section","heading":"Search warrants—announcement before entry","content":"347 Search warrants—announcement before entry\n(1) A conservation officer must, before anyone enters premises under a\nsearch warrant—\n(a) announce that the conservation officer is authorised to enter the\n(b) give anyone at the premises an opportunity to allow entry to the\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nthemself to the person.\n\n(2) The conservation officer is not required to comply with subsection\n(1) if the conservation officer believes on reasonable grounds that\nimmediate entry to the premises is required to ensure—\n(a) the safety of anyone (including the conservation officer or any\nperson assisting); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":374},{"sectionNumber":"348","sectionType":"section","heading":"Details of search warrant to be given to occupier etc","content":"348 Details of search warrant to be given to occupier etc\nIf the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the conservation officer or a person\nassisting must make available to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n","sortOrder":375},{"sectionNumber":"349","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"349 Occupier entitled to be present during search etc\n(1) If the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the person is entitled to observe the search\nbeing conducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n\n","sortOrder":376},{"sectionNumber":"350","sectionType":"section","heading":"Receipt for things seized","content":"350 Receipt for things seized\n(1) As soon as practicable after a conservation officer seizes a thing under\nthis part, the conservation officer must give a receipt for it to the\nperson from whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe conservation officer must leave the receipt, secured\nconspicuously, at the place of seizure under section 342 (Power to\nseize things).\n(3) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) the conservation officer’s name, and how to contact the\nconservation officer;\n(d) if the thing is moved from the premises where it is seized—\n(i) where the thing is to be taken; or\n(ii) if the thing seized is a living animal—how the animal is to\nbe kept.\n","sortOrder":377},{"sectionNumber":"351","sectionType":"section","heading":"Moving things to another place for examination or","content":"351 Moving things to another place for examination or\nprocessing under search warrant\n(1) A thing found at premises entered under a search warrant may be\nmoved to another place for examination or processing to decide\nwhether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n\n(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining the thing at another\nplace and the availability of expert assistance; or\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for examination for not\nlonger than 72 hours.\n(3) A conservation officer may apply to a magistrate for an extension of\ntime if the conservation officer believes on reasonable grounds that\nthe thing cannot be examined within 72 hours.\n(4) The conservation officer must give notice of the application to the\noccupier of the premises, and the occupier is entitled to be heard on\nthe application.\n(5) If a thing is moved to another place under this section, the\nconservation officer must, if practicable—\n(a) tell the occupier of the premises the address of the place where,\nand time when, the examination or processing will be carried\nout; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n(6) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n","sortOrder":378},{"sectionNumber":"352","sectionType":"section","heading":"Access to things seized","content":"352 Access to things seized\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this part may—\n(a) inspect it; and\n(b) if it is a document—take extracts from it or make copies of it.\n\n","sortOrder":379},{"sectionNumber":"353","sectionType":"section","heading":"Return of things seized","content":"353 Return of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid to the owner by the Territory\nfor the loss of the thing, unless—\n(a) a prosecution for an offence against a territory law in connection\nwith the thing is begun within 1 year after the day the seizure is\nmade and the thing is required to be produced in evidence in the\nprosecution; or\n(b) an application for the forfeiture of the seized thing is made to a\ncourt under the Confiscation of Criminal Assets Act 2003 or\nanother territory law within 1 year after the day the seizure is\nmade; or\n(c) all proceedings in relation to the offence with which the seizure\nwas connected have ended and the court has not made an order\nabout the thing.\n(2) However, this section does not apply to a thing—\n(a) if the conservator believes on reasonable grounds that the only\npractical use of the thing in relation to the premises where it was\nseized would be an offence against this Act; or\n(b) if possession of it by its owner would be an offence.\n","sortOrder":380},{"sectionNumber":"354","sectionType":"section","heading":"Forfeiture of things seized","content":"354 Forfeiture of things seized\n(a) a thing seized under this part has not been—\n(i) released under—\n(A) section 343 (Seizure and release of distressed native\nbirds); or\n(B) section 344 (Release of distressed animals—court\norders); or\n\n(ii) returned under section 353; and\n(b) an application for disallowance of the seizure under\nsection 356—\n(i) has not been made within 10 days after the day of the\nseizure; or\n(ii) has been made within the 10-day period, but the\napplication has been refused or withdrawn before a\ndecision in relation to the application had been made.\n(2) The thing seized—\n(a) is forfeited to the Territory; and\n(b) may be sold, destroyed or otherwise disposed of as the\nconservator directs.\n","sortOrder":381},{"sectionNumber":"355","sectionType":"section","heading":"Power to destroy unsafe things","content":"355 Power to destroy unsafe things\n(1) This section applies to anything inspected or seized under this part by\na conservation officer if the conservation officer is satisfied on\nreasonable grounds that the thing poses a risk to the health or safety\nof people or of damage to property or the environment.\n(2) The conservation officer may direct a person in charge of the\npremises where the thing is to destroy or otherwise dispose of the\nthing.\n(3) The direction may state 1 or more of the following:\n(a) how the thing must be destroyed or otherwise disposed of;\n(b) how the thing must be kept until it is destroyed or otherwise\ndisposed of;\n(c) the period within which the thing must be destroyed or otherwise\ndisposed of.\n\n(4) A person in charge of the premises where the thing is commits an\noffence if the person contravenes a direction given to the person under\nsubsection (2).\n(5) Alternatively, if the thing has been seized under this part, the\nconservation officer may destroy or otherwise dispose of the thing.\n(6) Costs incurred by the Territory in relation to the disposal of a thing\nunder subsection (5) are a debt owing to the Territory by, and are\nrecoverable together and separately from, the following people:\n(a) the person who owned the thing;\n(b) each person in control of the premises where the thing was.\n(7) An offence against this section is a strict liability offence.\n","sortOrder":382},{"sectionNumber":"356","sectionType":"section","heading":"Application for order disallowing seizure","content":"356 Application for order disallowing seizure\n(1) A person claiming to be entitled to anything seized under this part\nmay apply to the Magistrates Court within 10 days after the day of\nthe seizure for an order disallowing the seizure.\n(2) The application may be heard only if the applicant has served a copy\nof the application on the conservator.\n(3) The conservator is entitled to appear as respondent at the hearing of\nthe application.\n","sortOrder":383},{"sectionNumber":"357","sectionType":"section","heading":"Order for return of things seized","content":"357 Order for return of things seized\n(1) This section applies if a person claiming to be entitled to anything\nseized under this part applies to the Magistrates Court under\nsection 356 for an order disallowing the seizure.\n\n(2) The Magistrates Court must make an order disallowing the seizure if\nsatisfied that—\n(a) the applicant would, apart from the seizure, be entitled to the\nreturn of the thing seized; and\n(b) the thing is not connected with an offence against this Act; and\n(c) possession of the thing by the person would not be an offence.\n(3) The Magistrates Court may also make an order disallowing the\nseizure if satisfied there are exceptional circumstances justifying the\nmaking of the order.\n(4) If the Magistrates Court makes an order disallowing the seizure, the\ncourt may make 1 or more of the following ancillary orders:\n(a) an order directing the conservator to return the thing to the\napplicant or to someone else who appears to be entitled to it;\n(b) if the thing cannot be returned or has depreciated in value\nbecause of the seizure—an order directing the Territory to pay\nreasonable compensation;\n(c) an order about the payment of costs in relation to the application.\n","sortOrder":384},{"sectionNumber":"Div 14","sectionType":"division","heading":"2.5 Enforcement—damage and","content":"Division 14.2.5 Enforcement—damage and\ncompensation\n","sortOrder":385},{"sectionNumber":"358","sectionType":"section","heading":"Damage etc to be minimised","content":"358 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, a\nconservation officer must take all reasonable steps to ensure that the\nofficer causes as little inconvenience, detriment and damage as\npracticable.\n\nEnforcement—damage and compensation Division 14.2.5\n(2) If a conservation officer damages anything in the exercise or\npurported exercise of a function under this part, the conservation\nofficer must give written notice of the particulars of the damage to the\nperson the conservation officer believes on reasonable grounds is the\nowner of the thing.\n(3) The notice must state that—\n(a) the person may claim compensation from the Territory if the\nperson suffers loss or expense because of the damage; and\n(b) compensation may be claimed and ordered in a proceeding for\ncompensation brought in a court of competent jurisdiction; and\n(c) the court may order the payment of reasonable compensation for\nthe loss or expense only if satisfied it is just to make the order in\nthe circumstances of the particular case.\n(4) If the damage happens at premises entered under this part in the\nabsence of the occupier, the notice may be given by leaving it, secured\nconspicuously, at the premises.\n","sortOrder":386},{"sectionNumber":"359","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"359 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by a conservation officer.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if satisfied it is just to make the order in the\ncircumstances of the particular case.\n\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\nNotification and review of decisions Chapter 15\n","sortOrder":387},{"sectionNumber":"Part 15","sectionType":"part","heading":"Notification and review of","content":"Chapter 15 Notification and review of\ndecisions\n","sortOrder":388},{"sectionNumber":"360","sectionType":"section","heading":"Meaning of reviewable decision—ch 15","content":"360 Meaning of reviewable decision—ch 15\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n","sortOrder":389},{"sectionNumber":"361","sectionType":"section","heading":"Reviewable decision notices","content":"361 Reviewable decision notices\nIf the conservator makes a reviewable decision, the conservator must\ngive a reviewable decision notice to each entity mentioned in\nschedule 1, column 4 in relation to the decision.\nNote The conservator must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":390},{"sectionNumber":"362","sectionType":"section","heading":"Applications for review","content":"362 Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\n","sortOrder":391},{"sectionNumber":"363","sectionType":"section","heading":"Certain information may be kept confidential","content":"363 Certain information may be kept confidential\n(1) This section applies if a relevant person—\n(a) is preparing a document under this Act; and\n(b) considers that the survival of a native species or ecological\ncommunity may be threatened by the disclosure of the precise\nlocation of—\n(i) the species, or community, in the wild; or\n(ii) if the species or community has a known critical habitat—\nthe critical habitat for the species or community.\n(2) It is sufficient compliance with this Act if only a general description\nof the location of the species, community or habitat is included in the\ndocument.\nrelevant person means—\n(a) the Minister; or\n(b) the conservator; or\n(c) the scientific committee.\n","sortOrder":392},{"sectionNumber":"364","sectionType":"section","heading":"Offences—use or divulge protected information","content":"364 Offences—use or divulge protected information\n(1) A person to whom this section applies commits an offence if—\n(a) the person uses information; and\n(b) the information is protected information about someone else;\nand\n\n(c) the person is reckless about whether the information is protected\ninformation about someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n(2) A person to whom this section applies commits an offence if—\n(a) the person does something that divulges information; and\n(b) the information is protected information about someone else;\nand\n(c) the person is reckless about whether—\n(i) the information is protected information about someone\nelse; and\n(ii) doing the thing would result in the information being\ndivulged to someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n(3) Subsections (1) and (2) do not apply to a person if the information is\nused or divulged—\n(a) under this Act or another territory law; or\n(b) in relation to the exercise of a function, as a person to whom this\nsection applies, under this Act or another territory law; or\n(c) in a court proceeding.\n(4) Subsections (1) and (2) do not apply to the using or divulging of\nprotected information about a person with the person’s consent.\n\n(5) A person to whom this section applies need not divulge protected\ninformation to a court, or produce a document containing protected\ninformation to a court, unless it is necessary to do so for this Act or\nanother law applying in the territory.\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndivulge includes—\n(a) communicate; or\n(b) publish.\nperson to whom this section applies means—\n(a) a person who is or has been the conservator; or\n(b) a person who is or has been a conservation officer; or\n(c) anyone else who has exercised a function under this Act.\nproduce includes allow access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by, a person to whom this section applies\nbecause of the exercise of a function under this Act by the person or\nsomeone else.\nuse information includes make a record of the information.\n","sortOrder":393},{"sectionNumber":"365","sectionType":"section","heading":"Acts and omissions of representatives","content":"365 Acts and omissions of representatives\n(1) This section applies to a prosecution for any offence against this Act.\n(2) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n\n(b) the representative had the state of mind.\n(3) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is also taken to have been done or omitted\nto be done by the person.\n(4) However, subsection (3) does not apply to a person if the person\nestablishes that reasonable precautions were taken and appropriate\ndiligence was exercised to avoid the act or omission.\n(5) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (2) or (3).\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nperson.\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n","sortOrder":394},{"sectionNumber":"366","sectionType":"section","heading":"Criminal liability of executive officers","content":"366 Criminal liability of executive officers\n(1) An executive officer of a corporation commits an offence if—\n(a) the corporation contravenes a provision of this Act; and\n(b) the contravention is an offence against this Act (a relevant\noffence); and\n(c) the officer was reckless about whether the contravention would\nhappen; and\n\n(d) the officer was in a position to influence the conduct of the\ncorporation in relation to the contravention; and\n(e) the officer failed to take all reasonable steps to prevent the\ncontravention.\nMaximum penalty: The maximum penalty that may be imposed for\nthe commission of the relevant offence by an individual.\n(2) This section applies whether or not the corporation is prosecuted for,\nor convicted of, the relevant offence.\n(3) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must have\nregard to the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent that the action is relevant to the act or\nomission):\n(i) that the corporation arranges regular professional\nassessments of the corporation’s compliance with the\ncontravened provision;\n(ii) that the corporation implements any appropriate\nrecommendation arising from such an assessment;\n(iii) that the corporation’s employees, agents and contractors\nhave a reasonable knowledge and understanding of the\nrequirement to comply with the contravened provision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or might be, about to happen.\n(4) Subsection (3) does not limit the matters to which the court may have\nregard.\n(5) This section does not apply if the corporation would have a defence\nto a prosecution for the relevant offence.\n\nexecutive officer, of a corporation, means a person, however\ndescribed and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\n","sortOrder":395},{"sectionNumber":"367","sectionType":"section","heading":"Evidentiary certificates","content":"367 Evidentiary certificates\n(1) The conservator may give a signed certificate—\n(a) stating that on a stated date, or during a stated period, a stated\nperson was or was not a licensee; and\n(b) if the person was a licensee—including details of the person’s\nnature conservation licence.\n(2) A certificate under this section is evidence of the matters stated in it.\n(3) Unless the contrary is proved, a document that purports to be a\ncertificate under this section is taken to be a certificate.\n","sortOrder":396},{"sectionNumber":"368","sectionType":"section","heading":"Determination of fees etc","content":"368 Determination of fees etc\n(1) The Minister may determine—\n(a) fees for this Act; and\n(b) the annual percentage rate at which interest payable under\nsection 284 (4) (Financial assurance condition—recovery of\nextra costs) is to be calculated; and\n(c) the annual percentage rate at which interest accruing under\nsection 285 (1) (a) (Financial assurance condition—money held\nby Territory) is to be calculated.\n(2) A determination is a disallowable instrument.\n\n","sortOrder":397},{"sectionNumber":"370","sectionType":"section","heading":"Regulation-making power","content":"370 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may create offences and fix maximum penalties of not\nmore than 30 penalty units for the offences.\n","sortOrder":398},{"sectionNumber":"371","sectionType":"section","heading":"Review of Act","content":"371 Review of Act\nThe Minister must review the operation of this Act and present a\nreport of the review to the Legislative Assembly as soon as\npracticable after the end of this Act’s 10th year of operation.\nNote A reference to an Act includes a reference to the statutory instruments\n\nReviewable decisions Schedule 1\n","sortOrder":399},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\n(see ch 15)\nitem\nsection\ndecision\ncolumn 4\nentity\n1 226 (2) issue restore excavation direction person directed\n2 229 (2) issue repair damage direction person directed\n3 273 (2) issue nature conservation licence\n4 273 (2) refuse to issue nature conservation licence applicant for licence\n5 274 (b) issue nature conservation licence—impose\ncondition\n6 279 impose financial assurance condition on\nnature conservation licence\n7 282 claim a financial assurance licensee\n8 286 (1) amend nature conservation licence licensee\n9 288 (2) refuse to amend nature conservation\n10 288 (3) amend nature conservation licence—\n11 290 (2) refuse to transfer nature conservation\nproposed new licensee\n12 290 (3) transfer nature conservation licence—\nnew licensee\n13 292 (2) refuse to renew nature conservation\n14 292 (3) renew nature conservation licence—\n15 299 (3) take regulatory action licensee\n16 300 immediately suspend nature conservation\n17 331 (2) issue conservator’s direction person directed\n\nSchedule 1 Reviewable decisions\nitem\nsection\ndecision\ncolumn 4\nentity\n18 333 (2) issue treatment direction person directed\n19 335 (2) (a) issue direction to give animal or plant to\nconservator\nperson directed\n20 335 (2) (b) issue direction to destroy animal or plant person directed\n21 355 (2) issue direction to destroy or otherwise\ndispose of a thing\nperson directed\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT legislation register\n• ambulance service\n• Australia\n• chief officer (ambulance service)\n• chief officer (fire and rescue service)\n• chief officer (rural fire service)\n• chief officer (SES)\n• commissioner for sustainability and the environment\n• contravene\n• director-general (see s 163)\n• disallowable instrument (see s 9)\n• Executive\n• exercise\n• external territory\n• fire and rescue service\n• function\n• notifiable instrument (see s 10)\n• penalty unit (see s 133)\n• police officer\n• reviewable decision notice\n• rural fire service\n• SES\n• State\n• territory plan\n• territory planning authority\n\n• the Territory\n• working day.\naccessing biological resources, for part 8.5 (Access to biological\nresources in reserves)—see section 207.\naccess provider, for biological resources in a reserve, for part 8.5\n(Access to biological resources in reserves)—see section 206.\naction plan, for a relevant species, relevant ecological community or\nkey threatening process, for part 4.5 (Action plans)—see section 99.\nactivities, of an agency, for chapter 12 (Management agreements with\nutility suppliers, land developers and others)—see section 308.\nactivities declaration, for a reserve—see section 256.\nactivity information notice, for an activity—see section 270.\nACT parks and conservation service means the ACT parks and\nconservation service established under section 27.\nagency, for chapter 12 (Management agreements with utility\nsuppliers, land developers and others)—see section 308.\nanimal—see section 11.\nanimal reproductive material means—\n(a) an embryo, an egg or sperm of an animal; or\n(b) any other part, or product, of an animal from which another\nanimal could be produced.\nassessed at a national scale, for an item, for part 4.4 (Including,\ntransferring and omitting items in a list)—see section 80.\nbiodiversity—see section 19.\nbiodiversity research and monitoring program, for part 2.1\n(Conservator of flora and fauna)—see section 24.\nbiodiversity research and monitoring program report—see\nsection 26.\n\nbiological resources, for part 8.5 (Access to biological resources in\nreserves)—see section 204.\nbuilt-up urban area, for division 6.1.3 (Native plants)—see\nsection 139.\ncause, serious harm or material harm—\n(a) for part 9.4 (Reserves—offences about clearing native\nvegetation)—see section 235; and\n(b) for part 9.5 (Reserves—offences about damaging land)—see\nsection 244.\nclearing native vegetation, for part 9.4 (Reserves—offences about\nclearing native vegetation)—see section 234.\nclosed reserve declaration, for a reserve, for part 10.2 (Prohibited and\nrestricted activities)—see section 259.\ncoastal sea, of Australia or an external Territory—see the Acts\nInterpretation Act 1901 (Cwlth), section 15B (4) (Application of Acts\nin coastal sea).\ncommon assessment method, for part 4.4 (Including, transferring and\nomitting items in a list—general)—see section 80.\nconnected, for part 14.2 (Enforcement by conservation officers)—see\nconservation—see section 10.\nconservation advice means an advice mentioned in section 90C.\nconservation dependent species means a species included in the\nconservation dependent category in the threatened native species list.\nconservation officer means a conservation officer mentioned in\nsection 28.\nconservator—see section 20 (1).\nconservator guidelines—see section 23.\n\nconservator’s direction—see section 331 (2).\ncontinental shelf—see the Seas and Submerged Lands Act 1973\n(Cwlth), section 3.\ncontrolled native species, for chapter 7 (Controlled native species\nmanagement plans)—see section 157.\ncontrolled native species management plan, for a controlled native\nspecies—see section 158.\ncritical habitat, for a species or ecological community, means a\nhabitat that is critical to the survival of the species or ecological\ncommunity.\ncritically endangered ecological community means an ecological\ncommunity included in the critically endangered category in the\nthreatened ecological communities list.\ncritically endangered species means a species included in the\ncritically endangered category in the threatened native species list.\ncultural resource management plan—see section 168A.\ncustodian, in relation to land—see the Planning Act 2023, dictionary.\nNote Custodian applies only to land that is unleased land, public land or both.\ndamage—\n(a) a tree, for division 6.1.3 (Native plants)—see section 139; and\n(b) to land, for part 9.5 (Reserves—offences about damaging\nland)—see section 243.\ndata deficient species means a species included in the data deficient\ncategory on the protected native species list.\ndeclared pest—see the Biosecurity Act 2023, section 11 (2).\ndevelopment, for chapter 13 (Land development applications)—see\nsection 315.\n\ndraft action plan, for a relevant species, relevant ecological\ncommunity or key threatening process, for part 4.5 (Action plans)—\nsee section 100.\ndraft controlled native species management plan, for a controlled\nnative species, for chapter 7 (Controlled native species management\nplans)—see section 159.\ndraft native species conservation plan, for a native species on stated\nland, for part 5.3 (Native species conservation plans)—see\nsection 116.\ndraft nature conservation strategy, for the ACT, for chapter 3\n(Nature conservation strategy for the ACT)—see section 48.\ndraft Ramsar wetland management plan, for a Ramsar wetland, for\npart 8.4 (Ramsar wetlands management plans)—see section 192.\ndraft reserve management plan, for a reserve, for part 8.3 (Reserve\nmanagement plans)—see section 176.\ndue date—\n(a) for when the financial assurance must be provided—see\nsection 280; and\n(b) for when a proposed management agreement is to be signed and\nreturned to the conservator—see section 311.\necological community—see section 17.\necosystem means a dynamic complex of plant, animal and\nmicro-organism communities and their non-living environment\ninteracting as a functional unit.\neligible species—see section 95 (1).\nendangered ecological community means an ecological community\nincluded in the endangered category in the threatened ecological\ncommunities list.\nendangered species means a species included in the endangered\ncategory in the threatened native species list.\n\nevidence direction—see section 319 (3).\nexclusive economic zone—see the Seas and Submerged Lands\nAct 1973 (Cwlth), section 3.\nexempt animal—see section 154.\nexport an item, means take the item to another place for any purpose.\nExamples—purpose\n• sale or trade\n• personal use\n• gift\nfinancial assurance condition, on a licence—see section 278.\nfinancial assurance considerations—see section 279.\nfisheries management plan—see the Fisheries Act 2000, section 5.\ngenetic resources, for part 8.5 (Access to biological resources in\nreserves)—see section 205.\nground for regulatory action, against a licensee—see section 297.\nhabitat means an area—\n(a) occupied (continuously, periodically or occasionally) by an\norganism or group of organisms; or\n(b) once occupied (continuously, periodically or occasionally) by an\norganism, or group of organisms, and into which organisms of\nthat kind have the potential to be reintroduced.\nimport an item, means bring in the item from another place for any\npurpose.\nExamples—purpose\n• sale or trade\n• personal use\n• gift\nin, a vehicle, includes on the vehicle.\n\nineligible species—see section 95 (1).\ninfluential person, for a corporation, for chapter 11 (Nature\nconservation licences)—see section 262A.\ninformation direction—see section 323 (2).\ninspection notice, for a licence—see section 272.\ninterfere with an item, for division 6.1.2 (Native animals)—see\nsection 127.\nitem, for part 4.4 (Including, transferring and omitting items in list)—\nsee section 80.\nIUCN category, for a reserve, for part 8.2 (IUCN categories for\nreserves)—see section 171.\nIUCN reserve management objectives, for an IUCN category, for\npart 8.2 (IUCN categories for reserves)—see section 173.\nkeep, an animal, means have charge or possession of the animal,\neither in captivity or in a domesticated state.\nkey threatening process—see section 74.\nkey threatening processes list—see section 75.\nkey threatening processes list criteria—see section 78.\nlease—see the Planning Act 2023, section 257.\nleave reserve direction, for part 14.1 (Directions)—see\nsection 325 (2).\nlicence means a nature conservation licence.\nlicence number, for a licence—see section 277.\nlicence register—see section 304.\nlicensed activity, for a licence—see section 262.\nlist, for part 4.4 (Including, transferring and omitting items in list)—\nsee section 80.\n\nlisted migratory species—see the Environment Protection and\nBiodiversity Conservation Act 1999 (Cwlth), section 528.\nlisting assessment, for part 4.4 (Including, transferring and omitting\nitems in list)—see section 85 (2).\nmanagement agreement, for public land or unleased territory land,\nfor chapter 12 (Management agreements with utility suppliers, land\ndevelopers and others)—see section 310.\nmanagement objectives, for public land or unleased territory land, for\nchapter 12 (Management agreements with utility suppliers, land\ndevelopers and others)—see section 309.\nmaterial harm, to a reserve—\n(a) for clearing native vegetation, for part 9.4 (Reserves—offences\nabout clearing native vegetation)—see section 235; or\n(b) for damage to land, for part 9.5 (Reserves—offences about\ndamaging land)—see section 244.\nmember—\n(a) for a species of animal—see section 18 (a); or\n(b) for a species of plant—see section 18 (b); or\n(c) for an ecological community—see section 18 (c).\nminor amendment, for division 4.4.6 (Minor amendments of list)—\nsee section 93.\nmotor vehicle—see the Road Transport (General) Act 1999,\nname and address direction—see section 319 (2).\nnational category, in the threatened native species list—see\nsection 63 (2) (Threatened native species list—categories).\nnationally threatened, in relation to an item, for part 4.4 (Including,\ntransferring and omitting items in list)—see section 80.\n\nnative animal—see section 12.\nnative plant—see section 14.\nnative species—see section 16.\nnative species conservation plan, for a native species—see\nsection 115.\nnative timber, for division 6.1.3 (Native plants)—see section 139.\nnative tree, for division 6.1.3 (Native plants)—see section 139.\nnative vegetation, for an area, for part 9.4 (Reserves—offences about\nclearing native vegetation)—see section 232.\nnative vegetation area, for part 9.4 (Reserves—offences about\nclearing native vegetation)—see section 233.\nnature—see section 9.\nnature conservation licence—see section 262.\nnature conservation strategy, for the ACT—see section 47.\nnest, of an animal, for division 6.1.2 (Native animals)—see\nsection 127.\nnomination, for part 4.4 (Including, transferring and omitting items\nin list)—see section 80.\noccupier, of premises, for part 14.2 (Enforcement by conservation\nofficers)—see section 337.\noffence, for part 14.2 (Enforcement by conservation officers)—see\norganism includes—\n(a) a virus; and\n(b) the reproductive material of an organism; and\n(c) an organism that has died.\n\nparticipating State, for part 4.4 (Including, transferring and omitting\nitems in list)—see section 80.\npersonal information notice—see section 267.\nplanning and development management objectives, for an area of\npublic land reserved for a particular purpose, means the management\nobjectives under the Planning Act 2023, section 387.\nNote The management objectives are stated in the following:\n• the Planning Act 2023, sch 3\n• determinations made by the conservator under the Planning\nAct 2023, s 387 (2).\nplant—see section 13.\nplant reproductive material means—\n(a) a seed or spore of a plant; or\n(b) a cutting from a plant; or\n(c) any other part, or product, of a plant from which another plant\ncan be produced.\nplant tag, for a plant, for division 6.1.3 (Native plants)—see\nsection 139.\npopulation, of a species or ecological community, means an\noccurrence of the species or community in a particular area.\npremises includes—\n(a) land (whether vacant or occupied); and\n(b) a vehicle; and\n(c) a vessel; and\n(d) an aircraft.\nprohibited activity, for a reserve—see section 256.\nproposed agreement—see section 311.\n\nproposed new licensee, for a licence—see section 289.\nprotected native species—see section 110.\nprotected native species list—see section 111 (1).\nprotected native species list criteria—see section 113 (1).\npublic consultation notice, for a nomination, for part 4.4 (Including,\ntransferring and omitting items in list)—see section 84 (1).\npublic consultation period—\n(a) for a draft action plan, for part 4.5 (Action plans)—see\nsection 103 (2); and\n(b) for a draft controlled native animal management plan, for\nchapter 7 (Controlled native species management plans)—see\nsection 162 (2); and\n(c) for a draft native species conservation plan, for part 5.3 (Native\nspecies conservation plans)—see section 120 (2); and\n(d) for a draft nature conservation strategy, for chapter 3 (Nature\nconservation strategy for the ACT)—see section 51 (2); and\n(e) for a draft Ramsar wetland management plan, for part 8.4\n(Ramsar wetlands management plans)—see section 195 (2); and\n(f) for a draft reserve management plan, for part 8.3 (Reserve\nmanagement plans)—see section 179 (2); and\n(g) for a nomination, for part 4.4 (Including, transferring and\nomitting items in list)—see section 84 (3).\npublic land—see the Planning Act 2023, dictionary.\npublic unleased land permit—see the Public Unleased Land\nAct 2013, section 40.\nRamsar wetland—see section 190.\nRamsar wetland management plan, for a Ramsar wetland—see\nsection 191.\n\nrare species means a species included in the rare category on the\nprotected native species list.\nregional category, in the threatened native species list—see\nsection 63 (3) (Threatened native species list—categories).\nregionally conservation dependent species means a species included\nin the regionally conservation dependent category in the threatened\nregionally threatened species means a species included in the\nregionally threatened category in the threatened native species list.\nregular migratory species—see section 98.\nregulatory action, against a licensee—see section 298.\nrelevant Assembly committee, for a provision, means a standing\ncommittee of the Legislative Assembly nominated, in writing, by the\nSpeaker for the provision.\nrelevant ecological community—see section 98.\nrelevant species—see section 98.\nrepair damage direction, for part 9.3 (Reserves—repairing\ndamage)—see section 229 (2).\nreserve—see section 169.\nreserve management plan, for a reserve, for part 8.3 (Reserve\nmanagement plans)—see section 175.\nresource protection area, for chapter 10 (Reserves—prohibited and\nrestricted activities)—see section 253.\nresource protection area declaration, for a resource protection\narea—see section 254.\nrestore excavation direction, for part 9.2 (Reserves—offences in\nwilderness areas)—see section 226 (2).\nrestricted activity, for a reserve—see section 256.\n\nrestricted trade species means a species included in the restricted\ntrade category on the protected native species list.\nreviewable decision, for chapter 15 (Notification and review of\ndecisions)—see section 360.\nrisk management plan notice, for a licence—see section 271.\nscientific committee means the scientific committee established\nunder section 31.\nseabed includes—\n(a) the surface of a coral formation; and\n(b) subsoil of seabed (including coral beneath the surface of a coral\nformation).\nsell, for part 6.1 (Offences)—see section 126.\nserious harm, to a reserve—\n(a) for clearing native vegetation, for part 9.4 (Reserves—offences\nabout clearing native vegetation)—see section 235; or\n(b) for damage to land, for part 9.5 (Reserves—offences about\ndamaging land)—see section 244.\nshow cause notice, for a licensee, for part 11.6 (Licences—regulatory\naction)—see section 299.\nspecial protection status, for a native species—see section 109.\nspecies—see section 15.\nstop vehicle direction, for part 14.1 (Directions)—see section 327 (2).\nsuitability information—\n(a) about an activity—see section 269; or\n(b) about a person—see section 266.\nsuitable activity, for a licence—see section 268.\n\nsuitable person, to hold a licence, for chapter 11 (Nature conservation\nlicences)—see section 265.\ntake, for part 6.1 (Offences)—see section 126.\nthreatened ecological communities list—see section 68.\nthreatened ecological communities list criteria—see section 71.\nthreatened ecological community—see section 67.\nthreatened native species—see section 61.\nthreatened native species list—see section 62.\nthreatened native species list criteria—see section 65.\nthreatening process—see section 73.\ntransfer, an item within a list, for part 4.4 (Including, transferring and\nomitting items in list)—see section 80.\ntreatment direction, for part 14.1 (Directions)—see section 333.\ntree seedling, for division 6.1.3 (Native plants)—see section 139.\nurgent direction, for part 14.1 (Directions)—see section 329.\nvehicle includes vessel.\nvessel includes hovercraft.\nvulnerable ecological community means an ecological community\nincluded in the vulnerable category in the threatened ecological\ncommunities list.\nvulnerable species means a species included in the vulnerable\ncategory in the threatened native species list.\nwarrant, for part 14.2 (Enforcement by conservation officers)—see\nwilderness area—see section 170.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":400},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nNature Conservation Act 2014 A2014-59\nnotified LR 11 December 2014\ns 1, s 2 commenced 11 December 2014 (LA s 75 (1))\nch 13, dict def development commenced 11 June 2015 (s 2 (2) (b))\nremainder commenced 11 June 2015 (s 2 (1) and LA s 79)\nas modified by\nNature Conservation (Transitional Provisions) Regulation 2015\nSL2015-26 s 5\nnotified LR 9 July 2015\ns 1, s 2 commenced 9 July 2015 (LA s 75 (1))\ns 5 commenced 10 July 2015 (s 2)\nas amended by\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.46, sch 3 pt 3.2\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.46, sch 3 pt 3.2 commenced 14 October 2015 (s 2)\nPlanning, Building and Environment Legislation Amendment Act\n","sortOrder":401},{"sectionNumber":"2016","sectionType":"section","heading":"A2016-2 pt 6","content":"2016 A2016-2 pt 6\nnotified LR 23 February 2016\ns 1, s 2 commenced 23 February 2016 (LA s 75 (1))\npt 6 commenced 24 February 2016 (s 2)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.31\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.31 commenced 27 April 2016 (s 2)\nAct 2016 (No 2) A2016-24 pt 8\nnotified LR 11 May 2016\ns 1, s 2 commenced 11 May 2016 (LA s 75 (1))\npt 8 commenced 12 May 2016 (s 2 (1))\n\nLegislation history 3\nNature Conservation Amendment Act 2016 A2016-29\nnotified LR 16 June 2016\ns 1, s 2 commenced 16 June 2016 (LA s 75 (1))\nremainder commenced 17 June 2016 (s 2)\nEmergencies Amendment Act 2016 A2016-33 sch 1 pt 1.15\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\nsch 1 pt 1.15 commenced 21 June 2016 (s 2)\nAct 2017 A2017-3 pt 4\nnotified LR 22 February 2017\ns 1, s 2 commenced 22 February 2017 (LA s 75 (1))\npt 4 commenced 23 February 2017 (s 2)\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.19\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.19 commenced 9 March 2017 (s 2)\nAct 2017 (No 2) A2017-20 pt 8\nnotified LR 15 June 2017\ns 1, s 2 commenced 15 June 2017 (LA s 75 (1))\npt 8 commenced 16 June 2017 (s 2)\nNature Conservation (Minor Public Works) Amendment Act 2017\nA2017-39\nnotified LR 13 November 2017\ns 1, s 2 commenced 13 November 2017 (LA s 75 (1))\nremainder commenced 14 November 2017 (s 2)\nAct 2018 A2018-18 pt 4\nnotified LR 16 May 2018\ns 1, s 2 commenced 16 May 2018 (LA s 75 (1))\npt 4 commenced 17 May 2018 (s 2)\n\nVeterinary Practice Act 2018 A2018-32 sch 3 pt 3.13\nnotified LR 30 August 2018\ns 1, s 2 commenced 30 August 2018 (LA s 75 (1))\nsch 3 pt 3.13 commenced 21 December 2018 (s 2 and CN2018-12)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33 pt 9,\nsch 1 pt 1.26\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\npt 9 commenced 2 October 2018 (s 2 (1))\nsch 1 pt 1.26 commenced 23 October 2018 (s 2 (4))\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.25\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.25 commenced 22 November 2018 (s 2 (1))\nPlanning and Environment Legislation Amendment Act 2019\nA2019-20 pt 5\nnotified LR 8 August 2019\ns 1, s 2 commenced 8 August 2019 (LA s 75 (1))\npt 5 commenced 9 August 2019 (s 2)\nFisheries Legislation Amendment Act 2019 A2019-27 pt 4\nnotified LR 2 October 2019\ns 1, s 2 commenced 2 October 2019 (LA s 75 (1))\npt 4 commenced 18 November 2019 (s 2 and CN2019-17)\nAnimal Welfare Legislation Amendment Act 2019 A2019-35 pt 10\nnotified LR 10 October 2019\ns 1, s 2 commenced 10 October 2019 (LA s 75 (1))\npt 10 commenced 10 April 2020 (s 2 (2))\nPlanning and Environment Legislation Amendment Act 2020\nA2020-22 pt 7\nnotified LR 10 June 2022\ns 1, s 2 commenced 10 June 2020 (LA s 75 (1))\npt 7 commenced 11 June 2020 (s 2)\n\nLegislation history 3\nEmergencies Amendment Act 2020 A2020-47 sch 1 pt 1.5\nnotified LR 3 September 2020\ns 1, s 2 commenced 3 September 2020 (LA s 75 (1))\nsch 1 pt 1.5 commenced 4 September 2020 (s 2)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.39\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.39 commenced 23 June 2021 (s 2 (1))\nLegislation (Legislative Assembly Committees) Amendment Act 2022\nA2022-4 sch 1 pt 1.16\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\nsch 1 pt 1.16 commenced 6 April 2022 (s 2)\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.31\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.31 commenced 24 August 2022 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.47\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.47 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nUrban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1\npt 1.4\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 January 2024 (s 2 and see Urban Forest\nAct 2023 A2023-14, s 2)\nNature Conservation Amendment Act 2023 A2023-56\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\nremainder commenced 29 March 2024 (s 2 and CN2024-2)\n\nBiosecurity Legislation Amendment Act 2024 A2024-11 sch 2 pt 2.9\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\nsch 2 pt 2.9 commenced 15 May 2025 (s 2 and see Biosecurity\nAct 2023 A2023-50, s 2 (2))\nPlanning and Environment Legislation Amendment Act 2024\nA2024-21 pt 5, sch 1 pt 1.2\nnotified LR 24 May 2024\ns 1, s 2 commenced 24 May 2024 (LA s 75 (1))\npt 5, sch 1 pt 1.2 commenced 31 May 2024 (s 2 (1))\nNature Conservation Amendment Act 2024 A2024-38\nnotified LR 12 September 2024\ns 1, s 2 commenced 12 September 2024 (LA s 75 (1))\nremainder commenced 13 September 2024 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.131\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.131 commenced 26 December 2025 (s 2 (7))\nEnvironment Legislation Amendment Act 2025 A2025-28 pt 10\nnotified LR 12 November 2025\ns 1, s 2 commenced 12 November 2025 (LA s 75 (1))\npt 10 commenced 26 November 2025 (s 2)\n\nCommencement\ns 2 om LA s 89 (4)\nObjects of Act\ns 6 am A2016-2 s 8, s 9\nApplication of Act to Emergencies Act 2004\ns 7 am A2016-33 amdt 1.37, amdt 1.38; A2020-47\namdts 1.12-1.14; pars renum R24 LA\nWhat is a native animal?\ns 12 am A2024-11 amdt 2.23\nWhat is a native plant?\ns 14 am A2024-11 amdt 2.24\nWhat is a species?\ns 15 am A2016-29 s 4; pars renum R7 LA\nWhat is a native species?\ns 16 am A2016-29 s 5\nConservator—appointment\ns 20 am A2025-29 amdt 4.132\nConservator—functions\ns 21 am A2016-24 s 47, s 48\nConservator—guidelines\ns 23 am A2025-29 amdt 4.132\nBiodiversity research and monitoring program—conservator to prepare\ns 25 am A2025-29 amdt 4.132\nACT parks and conservation service—establishment\ns 27 am A2023-36 amdt 1.249\nScientific committee—appointment of members\ns 36 am A2022-4 amdt 1.52; A2025-29 amdt 4.132\nWhat is the nature conservation strategy for the ACT?\ns 47 am A2025-29 amdt 4.132\nDraft nature conservation strategy—public consultation\ns 51 am A2017-3 s 6; A2025-29 amdt 4.132\nDraft strategy—Minister’s approval and notification\ns 54 am A2025-29 amdt 4.132\nDraft strategy—Minister’s rejection\ns 56 am A2025-29 amdt 4.132\n\nNature conservation strategy—review\ns 60 am A2022-14 amdt 3.187; A2025-29 amdt 4.132\nWhat is a threatened native species?\ns 61 am A2016-29 s 56\nThreatened native species list—categories\ns 63 sub A2016-29 s 6\nThreatened native species list—eligibility for national categories\ns 64 sub A2016-29 s 6\nThreatened native species list—eligibility for regional categories\ns 64A ins A2016-29 s 6\nam A2018-42 amdt 3.81\nThreatened native species list—eligibility criteria\ns 65 am A2016-29 s 56; A2025-29 amdt 4.132\nThreatened native species list—criteria to review\ns 66 am A2016-29 s 56; A2025-29 amdt 4.132\nThreatened ecological communities list—categories\ns 69 am A2016-29 s 7; pars renum R7 LA\nThreatened ecological communities list—eligibility for categories\ns 70 am A2016-29 s 8; ss renum R7 LA\nThreatened ecological communities list—eligibility criteria\ns 71 am A2025-29 amdt 4.132\nThreatened ecological communities list criteria—review\ns 72 am A2016-29 s 56; A2025-29 amdt 4.132\nDefinitions—pt 4.3\ns 72A ins A2016-2 s 10\ndef listing advice ins A2016-2 s 10\nom A2016-29 s 89\ndef listing assessment ins A2016-2 s 10\ndef public consultation notice ins A2016-2 s 10\nWhat is a key threatening processes list?\ns 75 am A2016-2 s 11; A2018-33 s 90\n\nKey threatening processes list\ns 76 orig s 76\nom A2016-2 s 12\npres s 76\nins A2016-2 s 13\nreloc and renum as s 76 A2018-33 s 91\nKey threatening processes list—eligibility criteria\ns 78 am A2025-29 amdt 4.132\nKey threatening processes list criteria—review\ns 79 am A2025-29 amdt 4.132\nKey threatening processes list\ns 79A reloc and renum as s 76\nPublic may nominate items for list\ns 79B ins A2016-2 s 13\nScientific committee may reject nomination from public\ns 79C ins A2016-2 s 13\nScientific committee may nominate items for list\ns 79D ins A2016-2 s 13\nPublic consultation\ns 79E ins A2016-2 s 13\nListing assessment\ns 79F ins A2016-2 s 13\nListing advice\ns 79G ins A2016-2 s 13\nom A2016-29 s 10\nMinister to decide whether to include item in list\ns 79H ins A2016-2 s 13\nam A2016-29 s 11, s 12\nDefinitions—pt 4.4\ndiv 4.4.1 hdg ins A2016-29 s 13\nDefinitions—pt 4.4\ns 80 ins A2016-2 s 14\ndef assessed at a national scale ins A2016-29 s 14\n\ndef common assessment method ins A2016-29 s 14\ndef listing advice ins A2016-2 s 14\nom A2016-29 s 15\ndef listing assessment ins A2016-2 s 14\ndef nationally threatened ins A2016-29 s 16\ndef participating State ins A2016-29 s 16\ndef public consultation notice ins A2016-2 s 14\nIncluding, transferring and omitting items in list—general\ndiv 4.4.2 hdg ins A2016-29 s 17\nNominations—public may nominate item at any time\ns 81 am A2021-12 amdt 3.92\nNominations—scientific committee may reject nomination\ns 82 am A2016-29 s 18\nNominations—public consultation\ns 84 am A2016-29 s 19; A2025-29 amdt 4.132\nNominations—scientific committee to carry out listing assessment\ns 85 am A2016-29 s 20; A2018-33 s 93\nScientific committee to prepare listing advice\ns 86 om A2016-29 s 21\nMinister to decide whether to include, transfer or omit item\ns 87 am A2016-29 ss 22-24; A2018-33 s 94, s 95\nMinister’s decision—include item\ns 88 am A2016-29 s 25, s 26; A2018-33 s 96\nMinister’s decision—transfer item\ns 89 am A2016-29 s 27, s 28; A2018-33 s 96\nMinister’s decision—omit item\ns 90 am A2016-29 s 29, s 30; A2018-33 s 96\nIncluding or transferring certain nationally threatened items\ndiv 4.4.3 hdg ins A2016-29 s 31\nMinister may include or transfer nationally threatened items without\nnomination\ns 90A ins A2016-29 s 31\nam A2018-33 s 97\nConservation advice\ndiv 4.4.4 hdg ins A2016-29 s 31\nConservation advice guidelines\ns 90B ins A2016-29 s 31\n\nConservation advice\ns 90C ins A2016-29 s 31\nsub A2018-33 s 98\nConservation advice—scientific committee to prepare\ns 90D ins A2016-29 s 31\nom A2018-33 s 98\nConservation advice—adopting advice for nationally threatened item\ns 90E ins A2016-29 s 31\nam A2018-33 ss 99-101\nConservation advice—scientific committee to review\ns 90F ins A2016-29 s 31\nam A2018-33 s 102\nFinal version of list and notification\ndiv 4.4.5 hdg ins A2016-29 s 31\nFinal version of list and notification\ns 91 am A2016-29 s 32, s 33; A2025-29 amdt 4.132\nScientific committee to prepare conservation advice\ns 92 om A2016-29 s 34\nMinor amendments of list\ndiv 4.4.6 hdg ins A2016-29 s 35\nWhat is a minor amendment?—div 4.4.6\ns 93 sub A2016-29 s 35\nMinister may make minor amendments\ns 94 am A2017-4 amdt 3.103; A2018-33 s 103\nMinor amendment—including similar species\ns 95 am A2016-29 s 36; A2018-33 s 104\nMinor amendment—omitting similar species\ns 96 am A2016-29 s 37; A2018-33 s 105\nDefinitions—Act\ns 98 def relevant species sub A2016-29 s 38\nWhat is a draft action plan?—pt 4.5\ns 100 am A2025-29 amdt 4.132\nMinister to decide if action plan needed\ns 100A ins A2016-29 s 39\nam A2017-3 s 7\nDraft action plan—conservator to prepare\ns 101 am A2016-29 s 40\n\nDraft action plan—public consultation\ns 103 am A2025-29 amdt 4.132\nDraft action plan—final version and notification\ns 105 am A2025-29 amdt 4.132\nAction plan—monitoring and review\ns 108 am A2016-29 s 42\nAction plan—ending action plan after review\ns 108A ins A2016-29 s 43\nMinister to make protected native species list\ns 111 am A2025-29 amdt 4.132\nMinister to develop criteria and processes for protected native species list\ns 113 am A2025-29 amdt 4.132\nProtected native species list criteria—review\ns 114 am A2025-29 amdt 4.132\nWhat is a native species conservation plan?\ns 115 am A2025-29 amdt 4.132\nWhat is a draft native species conservation plan?—pt 5.3\ns 116 am A2025-29 amdt 4.132\nDraft native species conservation plan—conservator to prepare\ns 117 am A2016-29 s 44, s 56\nDraft native species conservation plan—consultation with lessee and\ncustodian\ns 119 sub A2018-18 s 11\nDraft native species conservation plan—public consultation\ns 120 am A2025-29 amdt 4.132\nDraft native species conservation plan—final version and notification\ns 122 am A2025-29 amdt 4.132\nDefinitions—div 6.1.2\ns 127 def prohibited fruit netting ins A2023-56 s 4\nOffence—take native animal\ns 132 am A2018-32 amdt 3.53\nOffence—keep non-exempt animal\ns 133 am A2018-32 amdt 3.53\nOffence—use prohibited fruit netting\ns 138A ins A2023-56 s 5\nOffence—prohibited fruit netting retail display\ns 138B ins A2023-56 s 5\n\nDefinitions—div 6.1.3\ns 139 am A2023-52 amdt 1.20\ndef built-up urban area sub A2023-52 amdt 1.19\ndef damage sub A2023-52 amdt 1.19\nOffence—take native plant—unleased land\ns 140 am A2020-22 s 16; A2023-36 amdt 1.250; A2023-52\namdt 1.21\nOffence—take and sell native plant—unleased land\ns 141 am A2020-22 s 16\nOffence—take native plant—protected native species\ns 142 am A2023-36 amdt 1.250\nOffence—take native plant—special protection status\ns 143 am A2023-36 amdt 1.250\nOffence—damage native tree—unleased land\ns 144 am A2023-36 amdt 1.250; A2023-52 amdt 1.22\nOffence—damage native tree—leased land\ns 145 am A2023-36 amdt 1.250; A2023-52 amdt 1.23\nOffence—damage or take fallen native timber\ns 146 am A2023-36 amdt 1.250\nChapter 6 exceptions\ns 153 am A2019-20 s 11; A2019-27 s 79; A2023-36 amdt 1.251;\nA2024-38 s 4, s 5; A2025-28 s 40; pars renum R34 LA\nDeclarations—exempt animals\ns 155 am A2024-11 amdt 2.25, amdt 2.26; A2025-29 amdt 4.132\nWhat is a controlled native species?—ch 7\ns 157 am A2016-24 s 49; A2025-29 amdt 4.132\nWhat is a controlled native species management plan?\ns 158 am A2025-29 amdt 4.132\nWhat is a draft controlled native species management plan?—ch 7\ns 159 am A2016-2 s 15; A2025-29 amdt 4.132\nDraft controlled native species management plan—consultation with lessee\nand custodian\ns 161 sub A2016-24 s 50\nam A2018-18 s 12, s 13; ss renum R14 LA\nDraft controlled native species management plan—public consultation\ns 162 am A2025-29 amdt 4.132\nDraft controlled native species management plan—final version and\ns 165 am A2025-29 amdt 4.132\n\nControlled native species management plan—conservator etc to implement\ns 167 am A2025-29 amdt 4.132\nCultural resource management plan\nch 7A hdg ins A2019-27 s 80\nMeaning of cultural resource management plan\ns 168A ins A2019-27 s 80\nPreparation of draft cultural resource management plan\ns 168B ins A2019-27 s 80\nDraft cultural resource management plan—revision and submission to\nMinister\ns 168C ins A2019-27 s 80\nDraft cultural resource management plan—Minister to approve, return or\nreject\ns 168D ins A2019-27 s 80\nDraft cultural resource management plan—Minister’s direction to revise etc\ns 168E ins A2019-27 s 80\nCultural resource management plan—minor amendments\ns 168F ins A2019-27 s 80\nCultural resource management plan—conservator to implement\ns 168G ins A2019-27 s 80\nCultural resource management plan—reporting\ns 168H ins A2019-27 s 80\nCultural resource management plan—review\ns 168I ins A2019-27 s 80\nWhat is a reserve?—Act\ns 169 am A2023-36 amdts 1.252-1.255\nWhat is a wilderness area?—Act\ns 170 am A2023-36 amdt 1.256\nAssignment of reserves to IUCN categories\ns 172 am A2025-29 amdt 4.132\nManagement of reserve assigned to IUCN category if no reserve\nmanagement plan\ns 174 am A2023-36 amdt 1.257\nReserve management plans\npt 8.3 hdg note am A2023-36 amdt 1.258\n\nWhat is a reserve management plan?\ns 175 am A2025-29 amdt 4.132\nDraft reserve management plan—custodian to prepare\ns 177 am A2023-36 amdt 1.259\nDraft reserve management plan—planning reports and strategic\nenvironmental assessments\ns 178 om A2020-22 s 17\nDraft reserve management plan—public consultation\ns 179 am A2025-29 amdt 4.132\nDraft reserve management plan—revision and submission to Minister\ns 180 am A2023-36 amdt 1.259\nDraft reserve management plan—referral to Legislative Assembly committee\ns 181 am A2022-4 amdt 1.53\nDraft reserve management plan—committee to report\ns 182 am A2022-4 amdt 1.54\nDraft reserve management plan—Minister’s approval and notification\ns 184 am A2025-29 amdt 4.132\nDraft reserve management plan—Minister’s rejection\ns 186 am A2025-29 amdt 4.132\nWhat is a draft Ramsar wetland management plan?—pt 8.4\ns 192 am A2025-29 amdt 4.132\nDraft Ramsar wetland management plan—public consultation\ns 195 am A2025-29 amdt 4.132\nDraft Ramsar wetland management plan—Minister’s approval and\ns 198 am A2025-29 amdt 4.132\nDraft Ramsar wetland management plan—Minister’s rejection\ns 200 am A2025-29 amdt 4.132\nRamsar wetland management plan—monitoring and review\ns 203 am A2017-20 s 15\nApplication—certain biological resources\ns 208 am A2021-12 amdt 3.92; A2025-29 amdt 4.132\nBenefit-sharing agreement—provisions\ns 211 am A2025-29 amdt 4.132\nOffence—entry fee for reserve not paid\ns 213 sub A2024-38 s 6\n\nOffence—take or allow non-native animal into reserve\ns 214 am A2019-35 s 138, s 139; ss renum R22 LA\nsub A2024-38 s 6\nOffence—feed animal in reserve\ns 215 sub A2024-38 s 6\nOffence—weapons and traps in reserve\ns 217 am A2020-22 s 18, s 19; ss renum R23 LA\nOffence—take plant or plant reproductive material into reserve\ns 219 am A2017-20 s 16; A2024-11 amdt 2.27\nDirection to restore excavation site\ns 226 am A2025-29 amdt 4.132\nDirections to repair damage to reserve\ns 229 am A2025-29 amdt 4.132\nChapter 9 exceptions\ns 252 am A2017-39 s 4; A2019-20 s 12; A2019-27 s 81; A2023-36\namdts 1.260-1.262; A2024-38 ss 7-9\nReserves—prohibited and restricted activities\nch 10 hdg note sub A2024-38 s 10\nResource protection area—declaration\ns 254 am A2023-36 amdt 1.263; A2025-29 amdt 4.132\nConservator may make activities declarations\ns 256 am A2015-33 amdt 1.153; A2024-38 s 11; A2025-29\namdt 4.132\nConservator may close reserve\ns 259 am A2015-33 amdt 1.154; A2016-2 s 16; A2019-27 s 82;\nA2025-29 amdt 4.132\nOffence—enter closed reserve\ns 260 am A2016-2 s 17; A2024-21 s 20; A2024-38 s 12\nPart 10.2 exceptions\ns 261 am A2015-33 amdt 3.2; pars renum R2 LA; A2019-20 s 13;\nA2019-27 s 83; A2023-36 amdt 1.264; A2024-38 s 13, s 14\nWho is an influential person for a corporation?—ch 11\ns 262A ins A2019-20 s 14\nLicence—application\ns 264 am A2021-12 amdt 3.92; A2025-29 amdt 4.132\nWhat is suitability information about a person?—ch 11\ns 266 am A2024-21 amdt 1.3; A2024-11 amdt 2.28; pars renum\nR33 LA\n\nFinancial assurance condition—imposition\ns 279 am A2025-29 amdt 4.132\nLicence—application to amend licence\ns 287 am A2021-12 amdt 3.92; A2025-29 amdt 4.132\nLicence—application to transfer licence\ns 289 am A2021-12 amdt 3.92; A2025-29 amdt 4.132\nLicence—application for renewal of licence\ns 291 am A2021-12 amdt 3.92; A2025-29 amdt 4.132\nLicence—replacing when lost, stolen or destroyed\ns 293 am A2016-18 amdt 3.151, amdt 3.152; A2025-29 amdt 4.132\nLicence—surrender\ns 294 am A2016-18 amdt 3.153, amdt 3.154; A2021-12 amdt 3.92\nWhat are agencies and activities of agencies?—ch 12\ns 308 am A2023-36 amdt 1.265\nWhat is a management agreement?—ch 12\ns 310 am A2023-36 amdt 1.266\nMeaning of development—ch 13\ns 315 am A2023-36 amdt 1.267\nSimplified outline\ns 316 sub A2023-36 amdt 1.268\nAdvice about adverse environmental impacts\ns 317 am A2023-36 amdt 1.269\nRequirements for conservator’s advice\ns 318 am A2023-36 amdts 1.270-1.273\nMinor public works in reserves\nch 13A hdg ins A2017-39 s 5\nMinor public works code\ns 318A ins A2017-39 s 5\nam A2023-36 amdt 1.274; A2025-29 amdt 4.132\nDirection to give name and address\ns 319 am A2025-29 amdt 4.132\nDirection to produce licence or records\ns 321 am A2025-29 amdt 4.132\nDirection to provide information\ns 323 am A2025-29 amdt 4.132\nDirection to leave reserve\ns 325 am A2020-22 s 20; ss renum R23 LA; A2024-38 s 15;\nss renum R32 LA; A2025-28 s 41; A2025-29 amdt 4.132\n\nDirection to stop vehicle\ns 327 hdg sub A2024-38 s 16\ns 327 am A2024-38 s 17, s 18; A2025-29 amdt 4.132\nUrgent directions\ns 329 am A2025-29 amdt 4.132\nConservator’s directions\ns 331 am A2016-29 s 45; A2018-18 s 14; A2025-29 amdt 4.132\nTreatment directions\ns 333 am A2025-29 amdt 4.132\nTreatment of animal or plant by Territory\ns 335 am A2025-29 amdt 4.132\nPower to enter premises\ns 338 am A2019-27 s 84\nProduction of identity card\ns 339 am A2022-14 amdt 3.188\nConsent to entry\ns 340 am A2022-14 amdt 3.188\nWarrants—application made other than in person\ns 346 am A2018-33 amdt 1.49, amdt 1.50\nSearch warrants—announcement before entry\ns 347 am A2022-14 amdt 3.189\nReceipt for things seized\ns 350 am A2019-20 s 15\nPower to destroy unsafe things\ns 355 am A2025-29 amdt 4.132\nReviewable decision notices\ns 361 am A2025-29 amdt 4.132\nApplications for review\ns 362 am A2025-29 amdt 4.132\nDetermination of fees etc\ns 368 am A2025-29 amdt 4.132\nApproved forms\ns 369 om A2021-12 amdt 3.93\nRegulation-making power\ns 370 am A2025-29 amdt 4.132\nRepeals and consequential amendments\nch 17 hdg om LA s 89 (3)\n\nLegislation repealed\ns 372 om LA s 89 (3)\nLegislation amended—sch 2\ns 373 om LA s 89 (3)\nTransitional\nch 20 hdg exp 11 June 2017 (s 415)\nMeaning of commencement day—ch 20\ns 400 exp 11 June 2017 (s 415)\nNature conservation strategy\ns 401 exp 11 June 2017 (s 415)\nEndangered species\ns 402 exp 11 June 2017 (s 415)\nVulnerable species\ns 403 exp 11 June 2017 (s 415)\nEndangered ecological communities\ns 404 exp 11 June 2017 (s 415)\nNotification of lists\ns 404A ins as mod SL2015-26 s 5\nexp 11 June 2017 (s 404A (3) and see SL2015-26 s 6)\nThreatening processes to be key threatening processes\ns 405 om A2016-2 s 18\nAction plans\ns 406 exp 11 June 2017 (s 415)\nProtected fish, invertebrates, native plants and native animals to be\nprotected species\ns 407 exp 11 June 2017 (s 415)\nExempt animals\ns 408 exp 11 June 2017 (s 415)\nPlans of management for reserves to be reserve management plans\ns 409 exp 11 June 2017 (s 415)\nDraft plans of management for reserves—public consultation stage\ns 410 exp 11 June 2017 (s 415)\nDraft plans of management for reserves—submission to Minister stage\ns 411 exp 11 June 2017 (s 415)\nLicences\ns 412 exp 11 June 2017 (s 415)\nManagement agreements\ns 413 exp 11 June 2017 (s 415)\n\nTransitional regulations\ns 414 exp 11 June 2017 (s 415)\nExpiry—ch 20\ns 415 exp 11 June 2017 (s 415)\nTransitional—Nature Conservation Amendment Act 2016\nch 21 hdg ins A2016-29 s 46\nMeaning of commencement day—ch 21\ns 420 ins A2016-29 s 46\nThreatened native species list\ns 421 ins A2016-29 s 46\nConservation advice not needed for species already on list\ns 422 ins A2016-29 s 46\nTransitional regulations\ns 423 ins A2016-29 s 46\nExpiry—ch 21\ns 424 ins A2016-29 s 46\nConsequential amendments\nsch 2 om LA s 89 (3)\ndict am A2015-33 amdt 1.155; A2016-29 s 47; A2023-36 amdt\n1.275\ndef assessed at a national scale ins A2016-29 s 48\ndef coastal sea ins A2016-29 s 48\ndef common assessment method ins A2016-29 s 48\ndef conservation advice sub A2016-29 s 49\ndef conservation dependent species am A2016-29 s 56\ndef continental shelf ins A2016-29 s 50\ndef critically endangered ecological community am\nA2016-29 s 56\ndef critically endangered species am A2016-29 s 56\ndef cultural resource management plan ins A2019-27 s 85\ndef custodian sub A2023-36 amdt 1.276\ndef declared pest ins A2024-11 amdt 2.29\ndef endangered ecological community am A2016-29 s 56\ndef endangered species am A2016-29 s 56\ndef exclusive economic zone ins A2016-29 s 50\n\ndef extinct in the wild species om A2016-29 s 51\ndef extinct species om A2016-29 s 51\ndef fisheries management plan ins A2019-27 s 85\ndef influential person ins A2019-20 s 16\ndef lease sub A2023-36 amdt 1.276\ndef listing advice sub A2016-2 s 19\nom A2016-29 s 51\ndef listing assessment sub A2016-2 s 19; A2018-33 s 106\ndef minor amendment sub A2016-29 s 52\ndef national category ins A2016-29 s 53\ndef nationally threatened ins A2016-29 s 53\ndef participating State ins A2016-29 s 53\ndef pest animal om A2024-11 amdt 2.30\ndef pest plant om A2024-11 amdt 2.30\ndef planning and development management objectives\nsub A2023-36 amdt 1.276\ndef provisionally listed threatened ecological community\nom A2016-29 s 54\ndef provisionally listed threatened species om A2016-29\ns 54\ndef public consultation notice sub A2016-2 s 19; A2018-33\ns 107\ndef public land sub A2023-36 amdt 1.276\ndef regional category ins A2016-29 s 55\ndef regionally conservation dependent species ins\nA2016-29 s 55\ndef regionally threatened species ins A2016-29 s 55\ndef relevant Assembly committee ins A2022-4 amdt 1.55\ndef seabed ins A2016-29 s 55\ndef vulnerable ecological community am A2016-29 s 56\ndef vulnerable species am A2016-29 s 56\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n11 June 2015–\nnot amended new Act\n10 July 2015–\n13 Oct 2015\nnot amended modifications by\nSL2015-26\n14 Oct 2015\n14 Oct 2015–\n23 Feb 2016\nA2015-33 amendments by\nA2015-33\n24 Feb 2016\n24 Feb 2016–\n26 Apr 2016\nA2016-2 amendments by\nA2016-2\n27 Apr 2016\n27 Apr 2016–\nA2016-18 amendments by\nA2016-18\n12 May 2016–\nA2016-24 amendments by\nA2016-24\n17 June 2016–\nA2016-29 amendments by\nA2016-29\n21 June 2016–\n22 Feb 2017\nA2016-33 amendments by\nA2016-33\n23 Feb 2017\n23 Feb 2017–\n8 Mar 2017\nA2017-3 amendments by\nA2017-3\n9 Mar 2017\n9 Mar 2017–\nA2017-4 amendments by\nA2017-4\n12 June 2017–\nA2017-4 expiry of\nmodifications and\ntransitional\nprovisions (ch 20)\n\nEarlier republications 5\nfor\n16 June 2017–\n13 Nov 2017\nA2017-20 amendments by\nA2017-20\n14 Nov 2017\n14 Nov 2017–\nA2017-39 amendments by\nA2017-39\n17 May 2018–\nA2018-18 amendments by\nA2018-18\n18 June 2018–\n1 Oct 2018\nA2018-18 expiry of\ntransitional\nprovisions (ch 21)\n2 Oct 2018\n2 Oct 2018–\n22 Oct 2018\nA2018-33 amendments by\nA2018-33\n23 Oct 2018\n23 Oct 2018–\n21 Nov 2018\nA2018-33 amendments by\nA2018-33\n22 Nov 2018\n22 Nov 2018–\n20 Dec 2018\nA2018-42 amendments by\nA2018-42\n21 Dec 2018\n21 Dec 2018–\n8 Aug 2019\nA2018-42 amendments by\nA2018-32\n9 Aug 2019\n9 Aug 2019–\n17 Nov 2019\nA2019-20 amendments by\nA2019-20\n18 Nov 2019\n18 Nov 2019–\n9 Apr 2020\nA2019-27 amendments by\nA2019-27\n10 Apr 2020\n10 Apr 2020–\nA2019-35 amendments by\nA2019-35\n11 June 2020–\n3 Sept 2020\nA2020-22 amendments by\nA2020-22\n4 Sept 2020\n4 Sept 2020–\nA2020-47 amendments by\nA2020-47\n23 June 2021–\n5 Apr 2022\nA2021-12 amendments by\nA2021-12\n6 Apr 2022\n6 Apr 2022–\n23 Aug 2022\nA2022-4 amendments by\nA2022-4\n\n6 Expired transitional or validating provisions\nfor\n24 Aug 2022\n24 Aug 2022–\n26 Nov 2023\nA2022-14 amendments by\nA2022-14\n27 Nov 2023\n27 Nov 2023–\n31 Dec 2023\nA2023-36 amendments by\nA2023-36\n1 Jan 2024\n1 Jan 2024–\n28 Mar 2024\nA2023-52 amendments by\nA2023-52\n29 Mar 2024\n29 Mar 2024–\nA2023-56 amendments by\nA2023-56\n31 May 2024–\n12 Sept 2024\nA2024-21 amendments by\nA2024-21\n13 Sept 2024\n13 Sept 2024–\nA2024-38 amendments by\nA2024-38\n15 May 2025–\n25 Nov 2025\nA2024-38 amendments by\nA2024-11\n26 Nov 2025\n26 Nov 2025–\n25 Dec 2025\nA2025-28 amendments by\nA2025-28\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":402}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Since enactment the Act has materially expanded beyond a basic conservation/statutory-reserve framework into a broader regulatory regime that covers: (1) managed commercial access to biological and genetic resources with mandated benefit‑sharing and informed-consent processes (pt 8.5; ss 210–212); (2) Indigenous cultural resource management plans and formal partnership requirements with Ngunnawal custodians (ch 7A; ss 168A–168I); (3) a detailed licensing/financial assurance regime attaching bonds and royalties to licensed activities (ch 11; ss 278–285, 307); (4) explicit powers to declare controlled native species and management plans for species that create social/economic control tools (ch 7; ss 157–167); and (5) strengthened enforcement and offence architecture with higher maximum penalties and broader enforcement powers (chs 6, 9, 14). Those additions shift the Act from primarily a conservation planning and reserve‑management statute to a multipurpose regulatory instrument that governs conservation, commercial use of biodiversity, Indigenous access arrangements and stronger compliance mechanisms. Key sections reflecting scope expansion: pt 8.5 (access/benefit-sharing), ch 7A (cultural resource management), ch 11 (financial assurance and royalties), ch 14 (expanded enforcement powers)."},"complexity_factors":["Very long Act with comprehensive coverage across lists, plans, licences, reserves and enforcement (multiple chapters and parts).","Numerous defined terms and cross-references to other Territory and Commonwealth laws (e.g. Planning Act 2023, Biosecurity Act 2023, EPBC Act references in parts 4.4 and 8.4).","Multiple instrument types and layers: notifiable instruments, disallowable instruments, regulations, ministerial directions, conservator guidelines and codes (frequent cross‑instrument dependence).","Layered decision‑making with delegated powers (conservator, Minister, scientific committee, custodians, courts), producing conditional pathways and timing rules (e.g. public consultation windows, required times for decisions).","Complex eligibility, listing and review logic for species, ecological communities and threatening processes with nested categories (national vs regional categories; provisional rules; minor amendment rules).","Extensive offences with graded mental elements (knowledge, recklessness, negligence) and alternative‑verdict regimes, including strict liability offences (many sections in ch 6 & ch 9).","Detailed licensing regime with suitability checks, risk management, inspection powers, record-keeping and financial assurance mechanisms (ch 11, ss 264–285).","Extensive enforcement toolkit (directions, urgent directions, search warrants, seizure, forfeiture, court injunctions) with procedural protections and compensation rules (ch 14, ss 319–359).","Multiple exceptions and carve-outs (emergency services, management agreements, licences, cultural plans) creating many conditional paths and interaction points (e.g. s 7, s 153, s 252)."],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes a framework to protect, manage and restore plants, animals, ecological communities and reserves in the Australian Capital Territory (ACT). (s 6)\n- Creates institutions and roles: a Conservator of Flora and Fauna (the conservator) to run programs and make decisions (ss 20–26), an ACT Parks and Conservation Service made up of conservation officers (s 27, 28), and a Scientific Committee to provide expert advice (ss 31–45).  \n- Sets out formal lists, categories and processes for threatened species, ecological communities and key threatening processes, requiring scientific criteria and public consultation before items are added, transferred or removed. (chs 4 and div 4.4; ss 63–66, 69–72, 80–91)\n- Requires action plans, species conservation plans and reserve management plans to guide on-ground management; these are public instruments prepared, consulted on and implemented by the conservator and custodians. (chs 3, 4, 5, 8; ss 47–60, 99–108, 115–125, 175–189)\n- Creates a licensing regime for activities that would otherwise be offences (keeping, taking, selling, importing/exporting, accessing biological resources for R&D). Licences are subject to suitability tests, conditions, record‑keeping, possible financial assurance (bonds/guarantees) and royalties where sales occur. (ch 11; ss 262–307)\n- Regulates access to biological and genetic resources in reserves: licences for commercial R&D must include benefit‑sharing agreements with access providers (Territory and native title holders). (pt 8.5; ss 204–212)\n- Regulates reserves: assigns IUCN categories, establishes reserve and Ramsar wetland management plans, allows declaration of resource protection areas, and permits activity restrictions or closures. (pt 8.2, pt 8.3, pt 8.4, ch 10; ss 171–176, 190–203, 253–259)\n- Creates a range of civil and criminal offences (from strict liability fines to offences attracting imprisonment) for damaging species, communities or reserves; sets defences and exceptions (including licences, management agreements, emergency actions). (chs 6, 9; ss 126–153, 213–252)\n- Provides enforcement powers for conservation officers (entry, inspection, seizure, warrants), urgent directions, and court remedies including injunctions. (ch 14; ss 319–356)\n\nWho this affects\n\n- Landholders, lessees and custodians of ACT public land and unleased territory land: must follow reserve plans, directions and any species conservation plans that apply to their land; may be parties to management agreements. (ss 119–124, 168B, 311–314)\n- Developers and utilities: planning referrals to the conservator are required; developments likely to cause significant adverse environmental impacts must be assessed against conservator advice; management agreements can be required. (ch 12; ch 13; ss 317–318)\n- Researchers and commercial users of biological/genetic resources: need licences and benefit‑sharing agreements for access to genetic resources in reserves; obligations to negotiate with access providers including native title holders. (pt 8.5; ss 207–212, 262)\n- Businesses trading in native plants, animals or timber and licensees: face licensing, record-keeping, tagging, royalties and possible financial assurance requirements. (ss 111, 147–152, 278–285, 304–307)\n- General public and visitors to reserves: subject to activity declarations, entry fees and possible closures; also have rights to consult on draft plans and to make nominations for listing. (ss 51, 81–85, 253–261)\n- Aboriginal and Torres Strait Islander people (Ngunnawal): statute requires consultation and provisions for cultural resource management plans and recognition of Indigenous knowledge and informed consent when access involves native title holders. (s 6(c), ch 7A, ss 168A–168I, 211–212)\n\nWhy it matters (purpose claims vs practical trade-offs)\n\n- Purpose claimed in the Act: to protect, conserve and enhance ACT biodiversity and to support ecologically sustainable use (s 6). The Act implements that by combining science-based listing, planning instruments, and enforceable prohibitions.\n\n- Costs and who pays: compliance costs fall mostly on licensees, landholders and developers (licence fees, record-keeping, financial assurances (ss 278–285), royalties (s 307), restoration or penalty costs if found liable (ss 241, 250, 313–314)). The Territory bears enforcement and monitoring costs (ss 25–26, 59, 108), and may pay compensation if seized property must be returned (ss 353–357).\n\n- Incentives and behaviour change: the Act uses both prohibitions (criminal offences with fines/prison, chs 6 & 9) and positive instruments (management plans, licences, permitted controlled-species plans) to change behaviour. Licensing plus financial assurance creates an incentive to avoid causing damage (ss 279–285), but also raises upfront costs which may deter small operators.\n\n- Trade-offs and opportunity costs: stronger protection and risk‑mitigation (financial assurance, strict offences) reduce future public remediation costs and protect public goods, but increase costs and bureaucratic steps for legitimate economic uses—e.g. nurseries, fishery restocking, research and bio‑prospecting (ss 115–125, 307, pt 8.5).\n\n- Compliance burden and administrative discretion: decision-making power is concentrated with the conservator and Minister (lists, plans, licence suitability and conditions, financial assurance amounts) and the Scientific Committee advises but the Minister may direct the committee (ss 21–23, 31–36, 53–56, 65–66, 71–72, 78–79). That creates operational flexibility but increases scope for administrative discretion and timing uncertainty for businesses and landholders.\n\n- Capture, concentrated benefits and diffuse costs risk: because the Act creates scarcities (e.g. permits to keep/profit from protected species; listing status that limits trade), there is a theoretical risk of concentrated private gains from preferential licensing or regulatory favour; the Act imposes scientific criteria for listing (s 65, s 71, s 78) and consultation steps to constrain arbitrariness, but ministerial discretion and notifiable/disallowable instruments leave some political room.\n\n- Interaction with other laws and implementation risk: the Act must be construed consistently with other environmental laws (s 8), and it cross‑references Commonwealth and State processes (common assessment method, EPBC equivalents, Planning Act). Implementation requires coordination across agencies (Planning Act, Biosecurity Act, Water, Fisheries) and capacity to run monitoring programmes, scientific assessment and timely decision-making (ss 24–26, 317–318). Confidentiality protections for sensitive location data (s 363) and Indigenous informed consent (s 212) are built in, which affects transparency and data-sharing.\n\n- Effects on private enterprise and markets: licensing, royalties and required financial assurances raise operating costs for some commercial activities (s 307, ss 278–285). Benefit‑sharing agreements (ss 210–212) introduce contractual obligations upward in value chains for commercial R&D using genetic resources. Planning referrals and conservator advice (ss 317–318) can extend project timelines and may require offsets. Conversely, clear management plans and certainty about permitted activities can reduce regulatory risk where plans are in place (chs 8, 11).\n\nConcrete mechanisms that create trade-offs\n\n- Strict criminal offences with graded mental elements (knowledge, recklessness, negligence) and heavy maximum penalties for serious harm to reserves (e.g. ss 236–237, 245–246) increase deterrence but also increase legal and compliance costs for landholders and developers.\n- Financial assurance conditions attach an upfront cost (bond, guarantee, insurance) proportionate to estimated remediation needs (ss 279–285). This shifts future public liability to the licensee, improving fiscal predictability for the Territory but raising entry costs.\n- Licensing suitability tests require applicants to supply convictions/non‑compliance histories, risk management plans and allow inspections (ss 264–272). That raises administrative friction and can slow small operators; it is designed to reduce risk of misuse.\n- Access to genetic resources requires benefit‑sharing agreements and informed consent if native title holders are access providers (ss 210–212). That introduces negotiation costs and potential commercial delay, while providing a mechanism to recognise Indigenous interests.\n\nWhat changes private behaviour and who decides\n\n- Who decides: conservator (operational decisions and guidelines—ss 20–26, s 23), Minister (approvals and policy instruments—ss 53–56, 90A), Scientific Committee (technical advice—ss 31–45), custodians and lessees (implement management plans—ss 177, 188), courts and ACAT for reviews (chs 14, 15).\n- What people must do differently: obtain licences for activities otherwise prohibited (ch 11), comply with management plans and directions, keep records (s 306), negotiate benefit-sharing for genetic resources (s 210), and factor conservator advice into development proposals (ss 317–318).\n\nImplementation and compliance risks to watch\n\n- Capacity and timeliness: scientific assessments, the listing process (div 4.4) and licensing decisions have fixed timeframes but may be delayed by data gaps or resources. (ss 85, 273)\n- Confidentiality vs. transparency: provisions allow withholding precise locations when disclosure risks species (s 26(3), s 363), which protects species but complicates public scrutiny.\n- Interplay with Planning Act and Commonwealth laws: overlaps require coordination to avoid duplicated process or regulatory gaps (s 8, ch 13; part 4.4 references Commonwealth common assessment method).\n\nBottom line (short)\n\nThe Act is a comprehensive, legally enforceable conservation and reserve‑management regime for the ACT. It uses listing, planning, licensing, strict offences and enforcement powers to protect biodiversity, while creating procedural pathways for commercial use (licences, benefit‑sharing) and for Indigenous cultural practice (cultural resource plans). The gains are stronger statutory protection and a single framework for multiple instruments; the trade-offs are significant administrative discretion, compliance costs for businesses and landholders, and implementation complexity that requires sustained regulatory capacity. (See key sections throughout: chs 2–12, 14, 15 and definitions in the Dictionary.)"},"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"},"kimi_summary":{"_metrics":{"completionTokens":779},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as stated in section 6: to protect, conserve and enhance biodiversity of the ACT. The comprehensive coverage of species protection, reserve management, licensing, and enforcement aligns with this core objective. No significant scope creep is evident."},"complexity_factors":["Extensive cross-referencing with other ACT legislation (Planning Act 2023, Environment Protection Act 1997, Biosecurity Act 2023, etc.)","Multiple overlapping planning instruments (nature conservation strategy, action plans, native species conservation plans, controlled native species management plans, cultural resource management plans, reserve management plans, Ramsar wetland management plans)","Complex categorisation systems for threatened species (6 national categories plus 3 regional categories) and ecological communities (5 categories)","Detailed procedural requirements for public consultation, ministerial approval, and review cycles (ranging from 3 to 10 years)","Nested exception provisions in multiple chapters (Chapter 6, Chapter 9, Part 10.2) with cross-references to other laws","Extensive enforcement powers with multiple types of directions (urgent directions, conservator's directions, treatment directions, etc.)","Financial assurance conditions for licences with complex claim and realisation procedures","Strict liability offences mixed with offences requiring knowledge, recklessness, or negligence","Detailed definitions section with signpost definitions pointing to other legislation","Multiple layers of administrative decision-making involving conservator, Minister, scientific committee, and Legislative Assembly committee"],"plain_english_summary":"This law is the ACT’s central framework for protecting native plants, animals, ecosystems and managing conservation reserves. It sets legal protections, licensing and enforcement to regulate uses of biological and cultural resources and to manage problematic species.\n\nIt affects landowners, developers, researchers, utilities, park visitors and traditional custodians. It matters because it balances conservation with sustainable use, recognises Indigenous custodianship, and clarifies what is and isn’t allowed with native wildlife and habitats."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/nature-conservation-act-2014","history":"/api/acts/nature-conservation-act-2014/history","analysis":"/api/acts/nature-conservation-act-2014/analysis","conflicts":"/api/acts/nature-conservation-act-2014/conflicts","importantCases":"/api/acts/nature-conservation-act-2014/important-cases","documents":"/api/acts/nature-conservation-act-2014/documents"}}