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Environment Protection and Biodiversity Conservation Act 1999
full-source-retrieval-0040Document excerpt 40 This is a compilation of the Environment Protection and Biodiversity Conservation Act 1999 that shows the text of the law as amended and in force on 28 March 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au ).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 5—Conservation of biodiversity and heritage
Part 13—Species and communities
Division 5—Conservation advice, recovery plans, threat abatement plans and wildlife conservation plans
Subdivision AA—Approved conservation advice
266B Approved conservation advice for listed threatened species and listed threatened ecological communities
Subdivision A—Recovery plans and threat abatement plans
267 Simplified outline of this Subdivision
268 Compliance with recovery plans and threat abatement plans
269 Implementing recovery and threat abatement plans
269AA Decision whether to have a recovery plan
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Section full-source-retrieval-0040 - Environment Protection and Biodiversity Conservation Act 1999 - Document excerpt 40 | Zoe 269A Making or adopting a recovery plan
270 Content of recovery plans
270A Decision whether to have a threat abatement plan
270B Making or adopting a threat abatement plan
271 Content of threat abatement plans
272 Eradication of non‑native species
273 Ensuring plans are in force
274 Scientific Committee to advise on plans
275 Consultation on plans
276 Consideration of comments
277 Adoption of State plans
279 Variation of plans by the Minister
280 Variation by a State or Territory of joint plans and plans adopted by the Minister
281 Commonwealth assistance
282 Scientific Committee to advise on assistance
283 Plans may cover more than one species etc.
284 Reports on preparation and implementation of plans
Subdivision B—Wildlife conservation plans
285 Wildlife conservation plans
286 Acting in accordance with wildlife conservation plans
287 Content of wildlife conservation plans
288 Eradication of non‑native species
289 Scientific Committee to advise on scheduling of plans
290 Consultation on plans
291 Consideration of comments
292 Adoption of State plans
293 Publication, review and variation of plans
294 Variation of plans by the Minister
295 Variation by a State or Territory of joint plans and plans adopted by the Minister
296 Commonwealth assistance
297 Plans may cover more than one species etc.
298 Reports on preparation and implementation of plans
Subdivision C—Miscellaneous
299 Wildlife conservation plans cease to have effect
300 Document may contain more than one plan
300A State and Territory laws not affected
300B Assistance from the Scientific Committee
Division 6—Access to biological resources
301 Control of access to biological resources
Division 6A—Control of non‑native species
301A Regulations for control of non‑native species
Division 7—Aid for conservation of species in foreign countries
302 Aid for conservation of species in foreign countries
Division 7A—Exemptions from provisions of this Part
302A Exemption from provisions of this Part
302B Effect of Part 13 exemption
302C Application for Part 13 exemption
302D Grounds for grant of Part 13 exemption
302E Conditions of Part 13 exemption
302F Notice of Part 13 exemption
302G Variation of Part 13 exemption
302H Application to vary Part 13 exemption
302J Notice of variation of Part 13 exemption
302K Revocation of Part 13 exemption
302L Notice of revocation of Part 13 exemption
302M Surrender of Part 13 exemption
302N Minister may request further information for making decision
303AA Conditions relating to accreditation of plans, regimes and policies
303AB Amended policies, regimes or plans taken to be accredited
Part 13A—International movement of wildlife specimens
303BAA Certain indigenous rights not affected
Division 2—CITES specimens
Subdivision A—CITES specimens
303CB Stricter domestic measures
Subdivision B—Offences and permit system
303CC Exports of CITES specimens
303CD Imports of CITES specimens
303CE Applications for permits
303CF Further information
303CG Minister may issue permits
303CH Specific conditions relating to the export or import of CITES specimens for commercial purposes
303CI Time limit for making permit decision
303CJ Duration of permits
303CK Register of applications and decisions
Subdivision C—Application of CITES
303CL Application of CITES—Management Authority and Scientific Authority
303CM Interpretation of CITES provisions
303CN Resolutions of the Conference of the Parties to CITES
Division 3—Exports of regulated native specimens
Subdivision A—Regulated native specimens
303DA Regulated native specimens
303DB Listing of exempt native specimens
303DC Minister may amend list
Subdivision B—Offence and permit system
303DD Exports of regulated native specimens
303DE Applications for permits
303DF Further information
303DG Minister may issue permits
303DH Time limit for making permit decision
303DI Duration of permits
303DJ Register of applications and decisions
Division 4—Imports of regulated live specimens
Subdivision A—Regulated live specimens
303EA Regulated live specimens
303EB Listing of specimens suitable for live import
303EC Minister may amend list
Subdivision B—Assessments relating to the amendment of the list of specimens suitable for import
303ED Amendment of list on the Minister’s own initiative
303EE Application for amendment of list
303EF Requirement for assessments
303EG Timing of decision about proposed amendment
303EH Requesting further information
303EI Notice of refusal of proposed amendment
Subdivision C—Offence and permit system
303EK Imports of regulated live specimens
303EL Applications for permits
303EM Further information
303EN Minister may issue permits
303EO Time limit for making permit decision
303EP Duration of permits
303EQ Register of applications and decisions
Subdivision D—Marking of certain specimens for the purposes of identification
303ES Specimens to which Subdivision applies
303ET Extended meaning of marking
303EU Secretary may make determinations about marking of specimens
303EW This Subdivision does not limit conditions of permits
Division 5—Concepts relating to permit criteria
Subdivision A—Non‑commercial purpose exports and imports
303FA Eligible non‑commercial purpose exports
303FB Eligible non‑commercial purpose imports
303FC Export or import for the purposes of research
303FD Export or import for the purposes of education
303FE Export or import for the purposes of exhibition
303FF Export or import for conservation breeding or propagation
303FG Export or import of household pets
303FH Export or import of personal items
303FI Export or import for the purposes of a travelling exhibition
Subdivision B—Commercial purpose exports and imports
303FJ Eligible commercial purpose exports
303FK Export or import from an approved captive breeding program
303FL Export from an approved artificial propagation program
303FLA Export from an approved cultivation program
303FM Export from an approved aquaculture program
303FN Approved wildlife trade operation
303FO Approved wildlife trade management plan
303FP Accredited wildlife trade management plan
303FQ Consultation with State and Territory agencies
303FR Public consultation
303FS Register of declarations
303FT Additional provisions relating to declarations
303FU Approved commercial import program
303GA Permit decision—controlled action, and action for which a non‑Part 13A permit is required
303GB Exceptional circumstances permit
303GC Permit authorising the Secretary to export or import specimens
303GD Testing permit—section 303EE assessments
303GE Conditions of permits
303GF Contravening conditions of a permit
303GG Authorities under permits
303GH Transfer of permits
303GI Suspension or cancellation of permits
303GJ Review of decisions
303GK Permit to be produced
303GL Pre‑CITES certificate to be produced
303GN Possession of illegally imported specimens
303GO Regulations relating to welfare
303GP Cruelty—export or import of animals
303GQ Imports of specimens contrary to the laws of a foreign country
303GS Evidence of examiner
303GT Protection of witness
303GU Forms and declarations—persons arriving in Australia or an external Territory
303GV Saving of other laws
303GW Part not to apply to certain specimens
303GX Part not to apply to certain specimens used by traditional inhabitants
303GY When a specimen is lawfully imported
Part 14—Conservation agreements
305 Minister may enter into conservation agreements
306 Content of conservation agreements
306A Conservation agreement may include declaration that actions do not need approval under Part 9
307 Conservation agreements to be legally binding
307A Conservation agreements may deal with remediation or mitigation measures
308 Variation and termination of conservation agreements
309 Publication of conservation agreements
310 List of conservation agreements
311 Commonwealth, State and Territory laws
312 Minister must not give preference
Division 1—Managing World Heritage properties
Subdivision A—Simplified outline of this Division
313 Simplified outline of this Division
Subdivision B—Seeking agreement on World Heritage listing
314 Special provisions relating to World Heritage nominations
Subdivision C—Notice of submission of property for listing
315 Minister must give notice of submission of property for listing etc.
Subdivision D—Plans for listed World Heritage properties in Commonwealth areas
318 Commonwealth compliance with plans
319 Review of plans every 5 years
Subdivision E—Managing World Heritage properties in States and self‑governing Territories
321 Co‑operating to prepare and implement plans
322 Commonwealth responsibilities
Subdivision F—Australian World Heritage management principles
323 Australian World Heritage management principles
Subdivision G—Assistance for protecting World Heritage properties
324 Commonwealth assistance for protecting declared World Heritage properties
Division 1A—Managing National Heritage places
Subdivision A—Preliminary
324A Simplified outline of this Division
Subdivision B—The National Heritage List
324C The National Heritage List
324D Meaning of National Heritage values
Subdivision BA—Inclusion of places in the National Heritage List: usual process
324G Meaning of assessment period
324H Minister may determine heritage themes for an assessment period
324J Minister to invite nominations for each assessment period
324JA Minister to give nominations to Australian Heritage Council
324JB Australian Heritage Council to prepare proposed priority assessment list
324JC Matters to be included in proposed priority assessment list
324JD Statement to be given to Minister with proposed priority assessment list
324JE The finalised priority assessment list
324JF Publication of finalised priority assessment list
324JG Australian Heritage Council to invite comments on places in finalised priority assessment list
324JH Australian Heritage Council to assess places on finalised priority assessment list and give assessments to Minister
324JI Time by which assessments to be provided to Minister
324JJ Decision about inclusion of a place in the National Heritage List
Subdivision BB—Inclusion of places in the National Heritage List: emergency process
324JL Minister may include place in National Heritage List if under threat
324JM Minister to ask Australian Heritage Council for assessment
324JN Publication of listing of place and inviting comments
324JO Australian Heritage Council to assess place and give assessment to Minister
324JP Time by which assessments to be provided to Minister
324JQ Decision about place remaining in the National Heritage List
Subdivision BC—Other provisions relating to the National Heritage List
324JR Co‑ordination with Scientific Committee—Council undertaking assessment
324JS Co‑ordination with Scientific Committee—Council given assessment to Minister
324K Listing process not affected by changing boundaries of a place
324L Removal of places or National Heritage values from the National Heritage List
324M Minister must consider advice of the Australian Heritage Council and public comments
324N Specifying one or more additional National Heritage values for a National Heritage place
324P National Heritage List must be publicly available
324Q Certain information may be kept confidential
324R Disclosure of Australian Heritage Council’s assessments and advice
Subdivision C—Management plans for National Heritage places in Commonwealth areas
324S Management plans for National Heritage places in Commonwealth areas
324T Restriction on ability to make plans
324U Compliance with plans by the Commonwealth and Commonwealth agencies
324V Multiple plans in the same document
324W Review of plans at least every 5 years
Subdivision D—Management of National Heritage places in States and self‑governing Territories
324X Plans and Commonwealth responsibilities
Subdivision E—The National Heritage management principles
324Y National Heritage management principles
Subdivision F—Obligations of Commonwealth agencies
324Z Obligation to assist the Minister and the Australian Heritage Council
324ZA Protecting National Heritage values of places sold or leased
Subdivision G—Assistance for protecting National Heritage places
324ZB Commonwealth assistance for protecting National Heritage places
Subdivision H—Reviewing and reporting on the National Heritage List
324ZC Reviewing and reporting on the National Heritage List
Division 2—Managing wetlands of international importance
Subdivision A—Simplified outline of this Division
325 Simplified outline of this Division
Subdivision B—Seeking agreement on Ramsar designation
326 Commonwealth must seek agreement before designation
Subdivision C—Notice of designation of wetland
327 Minister must give notice of designation of wetland etc.
Subdivision D—Plans for listed wetlands in Commonwealth areas
330 Commonwealth compliance with plans
331 Review of plans every 5 years
Subdivision E—Management of wetlands in States and self‑governing Territories
333 Co‑operating to prepare and implement plans
334 Commonwealth responsibilities
Subdivision F—Australian Ramsar management principles
335 Australian Ramsar management principles
Subdivision G—Assistance for protecting wetlands
336 Commonwealth assistance for protecting declared Ramsar wetlands
Division 3—Managing Biosphere reserves
337 Definition of Biosphere reserve
338 Planning for management of Biosphere reserves
339 Commonwealth activities in Biosphere reserves
340 Australian Biosphere reserve management principles
341 Commonwealth assistance for protecting Biosphere reserves
Division 3A—Managing Commonwealth Heritage places
Subdivision A—Preliminary
341A Simplified outline of this Division
341B Extension to places etc. outside the Australian jurisdiction
Subdivision B—The Commonwealth Heritage List
341C The Commonwealth Heritage List
341D Meaning of Commonwealth Heritage values
Subdivision BA—Inclusion of places in the Commonwealth Heritage List: usual process
341G Meaning of assessment period
341H Minister to invite nominations for each assessment period
341J Minister to give nominations to Australian Heritage Council
341JA Australian Heritage Council to prepare proposed priority assessment list
341JB Matters to be included in proposed priority assessment list
341JC Statement to be given to Minister with proposed priority assessment list
341JD The finalised priority assessment list
341JE Publication of finalised priority assessment list
341JF Australian Heritage Council to invite comments on places in finalised priority assessment list
341JG Australian Heritage Council to assess places on finalised priority assessment list and give assessments to Minister