134A Inviting public comment before approving action management plan
135 Certain approvals and conditions must not give preference
135A Publication of recommendation reports
Subdivision B—Considerations for approvals and conditions
136 General considerations
137 Requirements for decisions about World Heritage
137A Requirements for decisions about National Heritage places
138 Requirements for decisions about Ramsar wetlands
139 Requirements for decisions about threatened species and endangered communities
140 Requirements for decisions about migratory species
140A No approval for certain nuclear installations
Division 2—Requirement to comply with conditions
142 Compliance with conditions on approval
142A Offence of breaching conditions on approval
142B Strict liability offence for breach of approval condition
Division 3—Variation of conditions and suspension, revocation and surrender of approvals
143 Variation of conditions attached to approval
143A Variation of action management plan
144 Suspension of approval
145 Revocation of approval
145A Reinstating suspended or revoked approval
145AA Surrender of approval
Division 4—Transfer of approvals
145B Transfer with Minister’s consent
Division 5—Extension of period of effect of approval
145C Application to Minister to extend period of effect of approval
145D Minister must decide whether or not to extend approval period
145E Minister may request further information for making decision
Part 10—Strategic assessments
Division 1—Strategic assessments generally
Subdivision A—Assessment of actions to be taken in accordance with policy, plan or program
146 Minister may agree on strategic assessment
Subdivision B—Approval of taking of actions in accordance with endorsed policy, plan or program
146A Definitions
146B Minister may approve taking of actions in accordance with endorsed policy, plan or program
146BA Exclusion of certain actions
146C Inviting comments from other Ministers about decisions relating to endorsed policy, plan or program
146CA Minister must obtain advice from Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development
146D Effect of approval of taking of actions in accordance with endorsed policy, plan or program
146DA Initial conditions attached to approval under section 146B
146DB Compliance with conditions attached to approval under section 146B
146DC Variation of conditions attached to approval under section 146B
146DD Suspension and revocation of approval under section 146B
146DE Reinstating suspended or revoked approval under section 146B
146DF Surrender of approval under section 146B
146DG Transfer of approval under section 146B
Subdivision BA—Minor variations to policies, plans or programs
146DH Request to approve minor variation of a policy, plan or program
146DI Minister’s decision on request
Subdivision BB—Variations of approvals under section 146B
146DJ Variation of approval under section 146B as a result of a variation of a policy, plan or program
146DK Variation of approval under section 146B on request
Subdivision BC—Effect of actual decisions on decisions the Minister is taken to have made
146DL Effect of actual decisions on decisions the Minister is taken to have made
Subdivision C—Relevant considerations
146E Minister must comply with this Subdivision
146F General considerations
146G Approvals relating to declared World Heritage properties
146H Approvals relating to National Heritage places
146J Approvals relating to declared Ramsar wetlands
146K Approvals relating to listed threatened species and ecological communities
146L Approvals relating to listed migratory species
146M No approvals relating to nuclear actions
Subdivision D—Determination in relation to action that is a component of a larger action
146N Determination in relation to action that is a component of larger action
Division 2—Assessment of Commonwealth‑managed fisheries
147 Simplified outline of this Division
148 Assessment before management plan is determined
149 Assessment before determination that no plan required
150 Assessment of all fisheries without plans must be started within 5 years
151 Assessment of all Torres Strait fisheries to be started within 5 years
152 Further assessment if impacts greater than previously assessed
153 Minister must make declaration if he or she endorses plan or policy
154 This Division does not limit Division 1
Part 11—Miscellaneous rules about assessments and approvals
Division 1—Rules about timing
155 This Chapter ceases to apply to lapsed proposals
156 General rules about time limits
Division 1A—Variation of proposals to take actions
156A Request to vary proposal to take an action
156B Minister must decide whether or not to accept a varied proposal
156C Minister may request further information in relation to a varied proposal
156D Effect of Minister’s decision to accept or not accept a varied proposal
156E Notice of decision
Division 1B—Change of person proposing to take action
156F Change of person proposing to take action
Division 2—Actions in area offshore from a State or the Northern Territory
157 Actions treated as though they were in a State or the Northern Territory
Division 3—National interest exemption
157H National interest exemption from provisions of Part 3 or this Chapter
157J Effect of national interest exemption
157K Application for national interest exemption
157L Grounds for grant of national interest exemption
157M Conditions of national interest exemption
157N Notice of national interest exemption
157P Variation of national interest exemption
157Q Application to vary national interest exemption
157R Notice of variation of national interest exemption
157S Revocation of national interest exemption
157T Notice of revocation of national interest exemption
157U Surrender of national interest exemption
157V Minister may request further information for making decision
Division 3A—Approval process decisions not affected by listing events that happen after section 75 decision made
158A Approval process decisions not affected by listing events that happen after section 75 decision made
Division 4—Application of Chapter to actions that are not controlled actions
Subdivision A—Minister’s advice on authorising actions
159 Simplified outline of this Subdivision
160 Requirement to take account of Minister’s advice
161 Seeking the Minister’s advice
161A Minister may decide that advice is not required
161B Certain provisions of other Acts not to apply if Minister decides that advice is not required
162 Assessment of the action
163 Providing advice
164 Reporting on response to advice
Subdivision C—Assessment under agreement with State or Territory
166 This Subdivision applies if Ministers agree it should
167 Making an agreement
168 Content of an agreement
169 Application of a Division of Part 8
170 Application of Subdivision A of Division 1 of Part 10
Division 5—Publication of information relating to assessments
170A Publication of information relating to assessments
170B Information critical to protecting matters of national environmental significance not to be disclosed
170BA Designated proponent may request Minister to permit commercial‑in‑confidence information not to be disclosed
Division 6—Withdrawal of referrals
170C Withdrawal of referral of proposal to take an action
Division 7—Miscellaneous
170CA Fees
Chapter 5—Conservation of biodiversity and heritage
Part 11A—Interpretation
170D References to business days are references to Canberra business days
Part 12—Identifying and monitoring biodiversity and making bioregional plans
Division 1—Identifying and monitoring biodiversity
171 Identifying and monitoring biodiversity
172 Inventories of listed threatened species etc. on Commonwealth land
173 Surveys of cetaceans, listed threatened species etc. in Commonwealth marine areas
174 Inventories and surveys to be updated
Division 2—Bioregional plans
176 Bioregional plans
177 Obligations under this Act unaffected by lack of bioregional plans
Part 13—Species and communities
Division 1—Listed threatened species and ecological communities
Subdivision A—Listing
178 Listing of threatened species
179 Categories of threatened species
180 Native species of marine fish
181 Listing of threatened ecological communities
182 Critically endangered, endangered and vulnerable communities
183 Listing of key threatening processes
184 Minister may amend lists
186 Amending list of threatened native species
187 Amending list of ecological communities
188 Amending list of key threatening processes
189 Minister must consider advice from Scientific Committee
189A Certain information may be kept confidential
189B Disclosure of Scientific Committee’s assessments and advice
190 Scientific Committee may provide advice about species or communities becoming threatened
192 Rediscovery of threatened species that were extinct
193 Species posing a serious threat to human health
194 Lists must be publicly available
Subdivision AA—The nomination and listing process
194A Simplified outline
194B Definitions
194C Meaning of assessment period
194D Minister may determine conservation themes for an assessment period
194E Minister to invite nominations for each assessment period
194F Minister to give nominations to Scientific Committee
194G Scientific Committee to prepare proposed priority assessment list
194H Matters to be included in proposed priority assessment list
194J Statement to be given to Minister with proposed priority assessment list
194K The finalised priority assessment list
194L Publication of finalised priority assessment list
194M Scientific Committee to invite comments on items in finalised priority assessment list
194N Scientific Committee to assess items on finalised priority assessment list and give assessments to Minister
194P Time by which assessments to be provided to Minister
194Q Decision about inclusion of an item in the Subdivision A List
194R Scientific Committee may obtain advice
194S Co‑ordination with Australian Heritage Council—Committee undertaking assessment
194T Co‑ordination with Australian Heritage Council—Committee given assessment to Minister
Subdivision B—Permit system
195 Subdivision does not apply to cetaceans
196 Killing or injuring member of listed threatened species or community
196A Strict liability for killing or injuring member of listed threatened species or community
196B Taking etc. member of listed threatened species or community
196C Strict liability for taking etc. member of listed threatened species or community
196D Trading etc. member of listed threatened species or community taken in Commonwealth area
196E Strict liability for trading etc. member of listed threatened species or community taken in Commonwealth area
196F Aggravated offence—member of listed threatened species that is a dugong or turtle
197 Certain actions are not offences
198 Operation of sections 18 and 18A not affected
199 Failing to notify taking of listed threatened species or listed ecological community
200 Application for permits
201 Minister may issue permits
202 Conditions of permits
203 Contravening conditions of a permit
204 Authorities under permits
205 Transfer of permits
206 Suspension or cancellation of permits
206A Review of decisions about permits
207 Fees
Subdivision BA—Protecting critical habitat
207A Register of critical habitat
207B Offence of knowingly damaging critical habitat
207C Sale or lease of Commonwealth land containing critical habitat
Subdivision C—Miscellaneous
208A Minister may accredit plans, regimes or policies
208 Regulations
Division 2—Migratory species
Subdivision A—Listing
209 Listed migratory species
Subdivision B—Permit system
210 Subdivision does not apply to members of listed threatened species or cetaceans
211 Killing or injuring member of listed migratory species
211A Strict liability for killing or injuring member of listed migratory species
211B Taking etc. member of listed migratory species
211C Strict liability for taking etc. member of listed migratory species
211D Trading etc. member of listed migratory species taken in Commonwealth area
211E Strict liability for trading etc. member of listed migratory species taken in Commonwealth area
211F Aggravated offence—member of listed migratory species that is a dugong or turtle
212 Certain actions are not offences
213 Operation of sections 20 and 20A not affected
214 Failing to notify taking etc. of listed migratory species
215 Application for permits
216 Minister may issue permits
217 Conditions of permits
218 Contravening conditions of a permit
219 Authorities under permits
220 Transfer of permits
221 Suspension or cancellation of permits
221A Review of decisions about permits
222 Fees
Subdivision C—Miscellaneous
222A Minister may accredit plans, regimes or policies
223 Regulations
Division 3—Whales and other cetaceans
Subdivision A—Application of Division
224 Application of Division
Subdivision B—Australian Whale Sanctuary and important cetacean habitat areas
225 Australian Whale Sanctuary
226 Prescribed waters
227 Coastal waters
228 Minister may make declaration for coastal waters
228A Important cetacean habitat areas
Subdivision C—Offences
229 Killing or injuring a cetacean
229A Strict liability for killing or injuring a cetacean
229B Intentionally taking etc. a cetacean
229C Strict liability for taking etc. a cetacean
229D Treating cetaceans
230 Possession of cetaceans
231 Certain actions are not offences
232 Action to be taken on killing etc. cetaceans
Subdivision E—Miscellaneous offences
236 Offences relating to foreign whaling vessels
Subdivision F—Permit system
237 Application for permits
238 Minister may issue permits
239 Conditions of permits
240 Contravening conditions of a permit
241 Authorities under permits
242 Transfer of permits
243 Suspension or cancellation of permits
243A Review of decisions about permits
244 Fees
Subdivision G—Miscellaneous
245 Minister may accredit plans, regimes or policies
246 Vesting of whales in Commonwealth
247 Regulations
Division 4—Listed marine species
Subdivision A—Listing
248 Listed marine species
249 Minister may amend list
250 Adding marine species to the list
251 Minister must consider advice from Scientific Committee
252 Minister to make lists available to the public
Subdivision B—Permit system
253 Subdivision does not apply to members of certain species and cetaceans
254 Killing or injuring member of listed marine species
254A Strict liability for killing or injuring member of listed marine species
254B Taking etc. member of listed marine species
254C Strict liability for taking etc. member of listed marine species
254D Trading etc. member of listed marine species taken in Commonwealth area
254E Strict liability for trading etc. member of listed marine species taken in Commonwealth area
254F Aggravated offence—member of listed marine species that is a dugong or turtle
255 Certain actions are not offences
256 Failing to notify taking etc. of listed marine wildlife
257 Application for permits
258 Minister may issue permits
259 Conditions of permits
260 Contravening conditions of a permit
261 Authorities under permits
262 Transfer of permits
263 Suspension or cancellation of permits
263A Review of decisions about permits
264 Fees
Subdivision C—Miscellaneous
265 Minister may accredit plans, regimes or policies
266 Regulations
An Act relating to the protection of the environment and the conservation of biodiversity, and for related purposes
Chapter 1—Preliminary
Part 1—Preliminary
1 Short title
This Act may be cited as the Environment Protection and Biodiversity Conservation Act 1999.
2 Commencement
(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.
(2) If this Act does not commence under subsection (1) within the period of 12 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.
3 Objects of Act
(1) The objects of this Act are:
(a) to provide for the protection of the environment, especially those aspects of the environment that are matters of national environmental significance; and
(b) to promote ecologically sustainable development through the conservation and ecologically sustainable use of natural resources; and
(c) to promote the conservation of biodiversity; and
(ca) to provide for the protection and conservation of heritage; and
(d) to promote a co‑operative approach to the protection and management of the environment involving governments, the community, land‑holders and indigenous peoples; and
(e) to assist in the co‑operative implementation of Australia’s international environmental responsibilities; and
(f) to recognise the role of indigenous people in the conservation and ecologically sustainable use of Australia’s biodiversity; and
(g) to promote the use of indigenous peoples’ knowledge of biodiversity with the involvement of, and in co‑operation with, the owners of the knowledge.
(2) In order to achieve its objects, the Act:
(a) recognises an appropriate role for the Commonwealth in relation to the environment by focussing Commonwealth involvement on matters of national environmental significance and on Commonwealth actions and Commonwealth areas; and
(b) strengthens intergovernmental co‑operation, and minimises duplication, through bilateral agreements; and
(c) provides for the intergovernmental accreditation of environmental assessment and approval processes; and