(a) in response to the invitation under subsection 200(3) for anyone to give the Minister comments on whether the permit should be issued; and
(b) within the period specified in the invitation.
202 Conditions of permits
(1) A permit is subject to such conditions as are specified in the permit or as are imposed under subsection (2).
(2) The Minister may, in accordance with the regulations:
(a) vary or revoke a condition of a permit; or
(b) impose further conditions of a permit.
(3) Without limiting subsections (1) and (2), conditions of a permit may include conditions stating the period within which the action specified in the permit may be taken.
203 Contravening conditions of a permit
The holder of a permit commits an offence punishable on conviction by a fine not exceeding 300 penalty units if:
(a) he or she does, or fails to do, an act or thing; and
(b) doing, or failing to do, the act or thing results in a contravention of a condition of the permit.
204 Authorities under permits
(1) Subject to subsection (2), the holder of a permit may give to a person written authority to take for or on behalf of the holder any action authorised by the permit. The authority may be given generally or as otherwise provided by the instrument of authority.
(2) The holder of a permit must not give an authority unless:
(a) the permit contains a condition permitting the holder to do so; and
(b) the authority is given in accordance with any requirements set out in the condition.
(3) A permit is, for the purposes of this Act, taken to authorise the taking of a particular action by a person if the taking of that action by the person is authorised by an authority given by the holder of the permit.
(4) The giving of an authority does not prevent the taking of any action by the holder of the permit.
(5) Except as provided in this section, a permit does not authorise the taking of any action by a person for or on behalf of the holder of the permit.
(6) A person who gives an authority must give to the Minister written notice of it within 14 days after giving the authority.
205 Transfer of permits
On the application, in accordance with the regulations, of the holder of a permit, the Minister may, in accordance with the regulations, transfer the permit to another person.
206 Suspension or cancellation of permits
The Minister may, in accordance with the regulations:
(a) suspend a permit for a specified period; or
(b) cancel a permit.
206A Review of decisions about permits
(1) Subject to subsection (2), an application may be made to the Administrative Review Tribunal for review of a decision:
(a) to issue or refuse a permit; or
(b) to specify, vary or revoke a condition of a permit; or
(c) to impose a further condition of a permit; or
(d) to transfer or refuse to transfer a permit; or
(e) to suspend or cancel a permit.
(2) Subsection (1) does not apply to a decision made personally by the Minister (but the subsection does apply to a decision made by a delegate of the Minister).
207 Fees
Such fees as are prescribed (if any) are payable in respect of the following:
(a) the grant or the transfer of a permit;
(b) the variation or revocation of a condition of a permit;
(c) the imposition of a further condition of a permit.
Subdivision BA—Protecting critical habitat
207A Register of critical habitat
(1) The Minister must cause to be kept in accordance with the regulations (if any) a register in which the Minister may list habitat identified by the Minister in accordance with the regulations as being critical to the survival of a listed threatened species or listed threatened ecological community.
(1A) In considering whether to list habitat, the Minister must take into account the potential conservation benefit of listing the habitat.
(1B) Subsection (1) does not limit the matters:
(a) that the Minister may take into account in considering whether to list habitat; or
(b) that the regulations may require or permit the Minister to take into account in considering whether to list habitat.
(2) The regulations must require the Minister to consider scientific advice in identifying the habitat.
(3) The register must be made available for public inspection in accordance with the regulations (if any).
(3A) Particular material included in the register does not have to be made available for public inspection if the Minister considers that the interests of relevant landholders could be impeded or compromised by:
(a) the disclosure of the material; or
(b) without limiting paragraph (a)—the presence or actions of persons if the material were disclosed.
(4) Habitat listed in the register in relation to a species or ecological community is critical habitat for the species or ecological community.
207B Offence of knowingly damaging critical habitat
(1) A person commits an offence if:
(a) the person takes an action; and
(b) the person knows that the action significantly damages or will significantly damage critical habitat for a listed threatened species (except a conservation dependent species) or of a listed threatened ecological community; and
(c) the habitat is in or on a Commonwealth area.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: This section does not apply in the circumstances described in section 197. A defendant bears an evidential burden in relation to those circumstances. See subsection 13.3(3) of the Criminal Code.
(2) Strict liability applies to paragraph (1)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) The offence is punishable on conviction by imprisonment for not more than 2 years or a fine not exceeding 1,000 penalty units, or both.
(4) To avoid doubt, this section does not affect the operation of Division 2, 3 or 4.
207C Sale or lease of Commonwealth land containing critical habitat
(1) This section applies to a Commonwealth agency that executes a contract for the sale or lease to someone else of Commonwealth land that includes critical habitat for a listed threatened species or listed threatened ecological community. It does not matter whether the Commonwealth agency executes the contract for the Commonwealth or on its own behalf.
(2) The Commonwealth agency must ensure that the contract includes a covenant the effect of which is to protect the critical habitat.
(3) The Commonwealth agency must take reasonable steps to ensure as far as practicable that the covenant binds the successors in title of the buyer or lessee (as appropriate).
Subdivision C—Miscellaneous
208A Minister may accredit plans, regimes or policies
(1) The Minister may, by instrument in writing, accredit for the purposes of this Division:
(a) a plan of management within the meaning of section 17 of the Fisheries Management Act 1991; or
(b) a plan of management within the meaning of section 15A of the Torres Strait Fisheries Act 1984; or
(c) a plan of management, or a policy, regime or any other arrangement, for a fishery, that is:
(i) made by a State or self‑governing Territory; and
(ii) in force under a law of the State or self‑governing Territory; or
(d) a regime determined in writing by the Australian Fisheries Management Authority under the Fisheries Administration Act 1991 for managing a fishery for which a plan of management (within the meaning of section 17 of the Fisheries Management Act 1991) is not in force; or
(e) a policy formulated by the Protected Zone Joint Authority under paragraph 34(b) of the Torres Strait Fisheries Act 1984 for managing a fishery for which a plan of management (within the meaning of section 15A of the Torres Strait Fisheries Act 1984) is not in force;
if the Minister is satisfied that:
(f) the plan, regime or policy requires persons engaged in fishing under the plan, regime or policy to take all reasonable steps to ensure that members of listed threatened species (other than conservation dependent species) are not killed or injured as a result of the fishing; and
(g) the fishery to which the plan, regime or policy relates does not, or is not likely to, adversely affect the survival or recovery in nature of the species.
Note 1: The Minister may accredit a plan, regime or policy subject to conditions (see section 303AA).
Note 2: If a plan, regime or policy that is accredited under this section is, or is proposed to be, amended, the Minister may determine under section 303AB that the plan, regime or policy as amended is, for the purposes of this Act, taken to be accredited under subsection (1) of this section.
(2) An instrument under subsection (1) is not a legislative instrument.
208 Regulations
The regulations may:
(a) provide for the transportation, treatment and disposal of members of listed threatened species or listed threatened ecological communities killed, injured or taken in contravention of this Division; and
(b) provide for the methods or equipment by which members of listed threatened species or listed threatened ecological communities may be killed or taken otherwise than in contravention of this Division; and
(c) provide for the gathering and dissemination of information relating to listed threatened species or listed threatened ecological communities; and
(d) provide for the protection and conservation of listed threatened species or listed threatened ecological communities; and
(e) provide for any matter incidental to or connected with any of the above paragraphs.
Division 2—Migratory species
Subdivision A—Listing
209 Listed migratory species
(1) The Minister must:
(a) establish a list of migratory species for the purposes of this Act; and
(b) amend the list, as necessary, so that it includes all species required to be included in the list under subsection (3).
(2) The Minister must establish the list within 30 days after the commencement of this Act.
(3) The list must include:
(a) all migratory species that are:
(i) native species; and
(ii) from time to time included in the appendices to the Bonn Convention; and
(b) all migratory species from time to time included in annexes established under JAMBA and CAMBA; and
(c) all native species from time to time identified in a list established under, or an instrument made under, an international agreement approved by the Minister under subsection (4).
The list must not include any other species.
(4) The Minister may, by legislative instrument, approve an international agreement for the purposes of subsection (3) if satisfied it is an agreement relevant to the conservation of migratory species.
(6) The Minister may correct an inaccuracy or update the name of a migratory species.
(7) The list of migratory species made under subsection (1), and any amendments to the list made under paragraph (1)(b) or subsection (6), are legislative instruments, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the list or any amendments.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the list or any amendments. See regulations made for the purposes of paragraph 54(2)(b) of that Act.
(8) In this Act:
migratory species has the meaning given by Article I of the Bonn Convention.
Subdivision B—Permit system
210 Subdivision does not apply to members of listed threatened species or cetaceans
This Subdivision does not apply to a member of a listed migratory species that is a member of a listed threatened species or a cetacean.
211 Killing or injuring member of listed migratory species
(1) A person commits an offence if:
(a) the person takes an action; and
(b) the action results in the death or injury of a member of a species; and
(c) the member is a member of a listed migratory species; and
(d) the member is in or on a Commonwealth area.
Penalty:
(a) in the case of an aggravated offence—imprisonment for 2 years or 3,000 penalty units, or both;
(b) in any other case—imprisonment for 2 years or 1,000 penalty units, or both.
Note 1: For the extra element of an aggravated offence, see section 211F.
Note 2: This section does not apply in the circumstances described in section 212. A defendant bears an evidential burden in relation to those circumstances. See subsection 13.3(3) of the Criminal Code.
(2) Strict liability applies to paragraphs (1)(c) and (d).
Note: For strict liability, see section 6.1 of the Criminal Code.
211A Strict liability for killing or injuring member of listed migratory species
(1) A person commits an offence if:
(a) the person takes an action; and
(b) the action results in the death or injury of a member of a migratory species; and
(c) the member is a member of a listed migratory species; and
(d) the member is in or on a Commonwealth area.
Penalty:
(a) in the case of an aggravated offence—1,500 penalty units;
(b) in any other case—500 penalty units.
Note 1: For the extra element of an aggravated offence, see section 211F.
Note 2: This section does not apply in the circumstances described in section 212. A defendant bears an evidential burden in relation to those circumstances. See subsection 13.3(3) of the Criminal Code.
(2) Strict liability applies to paragraphs (1)(a), (b), (c) and (d).
Note: For strict liability, see section 6.1 of the Criminal Code.
211B Taking etc. member of listed migratory species
(1) A person commits an offence if:
(a) the person takes, trades, keeps or moves a member of a species; and
(b) the member is a member of a listed migratory species; and
(c) the member is in or on a Commonwealth area.
Penalty:
(a) in the case of an aggravated offence—imprisonment for 2 years or 3,000 penalty units, or both;
(b) in any other case—imprisonment for 2 years or 1,000 penalty units, or both.
Note 1: For the extra element of an aggravated offence, see section 211F.
Note 2: This section does not apply in the circumstances described in section 212. A defendant bears an evidential burden in relation to those circumstances. See subsection 13.3(3) of the Criminal Code.
(2) Strict liability applies to paragraphs (1)(b) and (c).
Note: For strict liability, see section 6.1 of the Criminal Code.
211C Strict liability for taking etc. member of listed migratory species
(1) A person commits an offence if:
(a) the person takes, trades, keeps or moves a member of a migratory species; and
(b) the member is a member of a listed migratory species; and
(c) the member is in or on a Commonwealth area.
Penalty:
(a) in the case of an aggravated offence—1,500 penalty units;
(b) in any other case—500 penalty units.
Note 1: For the extra element of an aggravated offence, see section 211F.
Note 2: This section does not apply in the circumstances described in section 212. A defendant bears an evidential burden in relation to those circumstances. See subsection 13.3(3) of the Criminal Code.
(2) Strict liability applies to paragraphs (1)(a), (b) and (c).
Note: For strict liability, see section 6.1 of the Criminal Code.
211D Trading etc. member of listed migratory species taken in Commonwealth area
(1) A person commits an offence if:
(a) the person trades, keeps or moves a member of a species; and
(b) the member is a member of a listed migratory species; and
(c) the member has been taken in or on a Commonwealth area.
Penalty:
(a) in the case of an aggravated offence—imprisonment for 2 years or 3,000 penalty units, or both;
(b) in any other case—imprisonment for 2 years or 1,000 penalty units, or both.
Note 1: For the extra element of an aggravated offence, see section 211F.
Note 2: This section does not apply in the circumstances described in section 212. A defendant bears an evidential burden in relation to those circumstances. See subsection 13.3(3) of the Criminal Code.
(2) Strict liability applies to paragraphs (1)(b) and (c).
Note: For strict liability, see section 6.1 of the Criminal Code.
211E Strict liability for trading etc. member of listed migratory species taken in Commonwealth area
(1) A person commits an offence if:
(a) the person trades, keeps or moves a member of a migratory species; and
(b) the member is a member of a listed migratory species; and
(c) the member has been taken in or on a Commonwealth area.
Penalty:
(a) in the case of an aggravated offence—1,500 penalty units;
(b) in any other case—500 penalty units.
Note 1: For the extra element of an aggravated offence, see section 211F.
Note 2: This section does not apply in the circumstances described in section 212. A defendant bears an evidential burden in relation to those circumstances. See subsection 13.3(3) of the Criminal Code.
(2) Strict liability applies to paragraphs (1)(a), (b) and (c).
Note: For strict liability, see section 6.1 of the Criminal Code.
211F Aggravated offence—member of listed migratory species that is a dugong or turtle
(1) For the purposes of this Subdivision, an offence against section 211, 211A, 211B, 211C, 211D or 211E (the underlying offence) is an aggravated offence if the member to which the underlying offence relates is a member of a species mentioned in paragraph 248(2)(f), (g) or (h).
Note: Dugong, marine turtles and leatherback turtles are members of the species mentioned in paragraphs 248(2)(f), (g) and (h), and on the day this section commenced, these species were listed migratory species.
(2) If the prosecution intends to prove an aggravated offence, the charge must allege the relevant aggravated offence.
(3) Strict liability applies to the physical element of circumstance, that the member is a member of a species mentioned in paragraph 248(2)(f), (g) or (h).
Note: For strict liability, see section 6.1 of the Criminal Code.
212 Certain actions are not offences
(1) Sections 211, 211A, 211B, 211C, 211D and 211E do not apply to:
(a) an action authorised by a permit that was issued under section 216 and is in force; or