the variation is of no effect for the purposes of this Act unless it is approved by the Minister.
(2) Before approving a variation, the Minister must obtain and consider advice from the Scientific Committee on the content of the variation.
(3) The Minister must not approve a variation under subsection (1) unless satisfied:
(a) an appropriate level of consultation was undertaken in varying the plan; and
(b) the plan, as so varied, continues to meet the requirements of section 287.
(4) If the Minister approves a variation of a plan, the plan has effect as so varied on and after the date of the approval, or such later date as the Minister determines in writing.
(5) Section 293 applies to the variation of a plan in the same way that it applies to the making of a wildlife conservation plan.
296 Commonwealth assistance
(1) The Commonwealth may give to a State or self‑governing Territory, or to an agency of a State or a self‑governing Territory, financial assistance, and any other assistance, to make a wildlife conservation plan.
(2) The Commonwealth may give to a person (other than a State or a self‑governing Territory, or an agency of a State or Territory) financial assistance, and any other assistance, to implement a wildlife conservation plan.
(3) The giving of assistance may be made subject to such conditions as the Minister thinks fit.
297 Plans may cover more than one species etc.
A wildlife conservation plan made or adopted under this Subdivision may deal with all or any of the following:
(a) one or more listed migratory species;
(b) one or more listed marine species;
(c) one or more species of cetacean;
(d) one or more conservation dependent species.
298 Reports on preparation and implementation of plans
The Secretary must include in each annual report a report on the making and adoption under section 285 of each wildlife conservation plan during the year to which the report relates.
Subdivision C—Miscellaneous
299 Wildlife conservation plans cease to have effect
If:
(a) a wildlife conservation plan is in force for all or any of the following:
(i) a listed migratory species;
(ii) a listed marine species;
(iii) a species of cetacean; and
(b) the species becomes a listed threatened species (except a conservation dependent species);
the wildlife conservation plan ceases to have effect in relation to the species on and from the day on which the species becomes a listed threatened species as mentioned in paragraph (b).
300 Document may contain more than one plan
(1) All or any of the plans made under this Division may be included in the same document.
(2) All or any of the plans adopted under this Division may be included in the same instrument of adoption.
300A State and Territory laws not affected
Sections 269A, 270A, 270B, 273 and 285 do not exclude or limit the concurrent operation of a law of a State or self‑governing Territory.
300B Assistance from the Scientific Committee
(1) The Minister may, at any time, ask the Scientific Committee to provide the Minister with a statement, information or advice for the purpose of assisting the Minister in the performance or exercise of the Minister’s functions or powers under section 266B, 269AA or 270A.
(2) The Scientific Committee may, at any time, provide the Minister with a statement, information or advice for the purpose of assisting the Minister in the performance or exercise of the Minister’s functions or powers under section 266B, 269AA or 270A (whether or not the Committee is acting in response to a request under subsection (1) of this section).
Division 6—Access to biological resources
301 Control of access to biological resources
(1) The regulations may provide for the control of access to biological resources in Commonwealth areas.
(2) Without limiting subsection (1), the regulations may contain provisions about all or any of the following:
(a) the equitable sharing of the benefits arising from the use of biological resources in Commonwealth areas;
(b) the facilitation of access to such resources;
(c) the right to deny access to such resources;
(d) the granting of access to such resources and the terms and conditions of such access.
Division 6A—Control of non‑native species
301A Regulations for control of non‑native species
The regulations may:
(a) provide for the establishment and maintenance of a list of species, other than native species, whose members:
(i) do or may threaten biodiversity in the Australian jurisdiction; or
(ii) would be likely to threaten biodiversity in the Australian jurisdiction if they were brought into the Australian jurisdiction; and
(b) regulate or prohibit the bringing into the Australian jurisdiction of members of a species included in the list mentioned in paragraph (a); and
(c) regulate or prohibit trade in members of a species included in the list mentioned in paragraph (a):
(i) between Australia and another country; or
(ii) between 2 States; or
(iii) between 2 Territories; or
(iv) between a State and a Territory; or
(v) by a constitutional corporation; and
(d) regulate and prohibit actions:
(i) involving or affecting members of a species included in the list mentioned in paragraph (a); and
(ii) whose regulation or prohibition is appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries; and
(e) provide for the making and implementation of plans to reduce, eliminate or prevent the impacts of members of species included in the list mentioned in paragraph (a) on biodiversity in the Australian jurisdiction.
Division 7—Aid for conservation of species in foreign countries
302 Aid for conservation of species in foreign countries
On behalf of the Commonwealth, the Minister may give financial assistance to the governments of foreign countries and organisations in foreign countries to help the recovery and conservation, in those countries, of species covered by international agreements to which Australia is a party.
Division 7A—Exemptions from provisions of this Part
302A Exemption from provisions of this Part
(1) The Minister may, by written instrument, grant an exemption (a Part 13 exemption) for an action from a provision (including a regulation made under a provision) of this Part:
(a) on the Minister’s initiative; or
(b) on application under section 302C.
Note: The Minister may request information to make an informed decision under subsection 302N(1).
Content of exemption
(2) The exemption must specify:
(a) the action; and
(b) each provision from which the action is exempt; and
(c) the person to whom the exemption applies; and
(d) the period for which the exemption is in force; and
(e) any conditions imposed on the exemption under section 302E.
(3) The Minister must be satisfied that the period specified for the purposes of paragraph (2)(d) is reasonably necessary to address the national interest that is the basis for the exemption.
When exemption comes into force
(4) An exemption comes into force at the start of the period specified for the purposes of paragraph (2)(d) (which must not be earlier than the day the exemption is made).
Not a legislative instrument
(5) An exemption made under subsection (1) is not a legislative instrument.
302B Effect of Part 13 exemption
While a Part 13 exemption from a provision is in force for an action, the provision does not apply in relation to the taking of the action if:
(a) the action is taken by the person to whom the exemption applies; and
(b) the person takes the action in accordance with the conditions (if any) of the exemption.
Note 1: For conditions of an exemption, see section 302E.
Note 2: To the extent a defendant seeks to rely on this section as a defence to an offence, the defendant bears an evidential burden in relation to the matter in this section: see subsection 13.3(3) of the Criminal Code.
302C Application for Part 13 exemption
(1) The following may apply to the Minister (the Environment Minister) for a Part 13 exemption for an action:
(a) the person who proposes to take the action;
(b) if that person agrees in writing—a Minister (other than the Environment Minister), or a Minister of a State or Territory.
(2) The application must:
(a) be in writing; and
(b) specify the provision or provisions from which the person is applying for an exemption for the action.
Timeframe for decision
(3) The Minister must decide whether to grant the exemption under section 302A within 20 business days of receiving the application.
Note: If the Minister requests information to make an informed decision under section 302N, days between the request and receipt of the information do not count towards this timeframe (subsection 302N(2)).
Notice if Minister decides not to grant exemption
(4) If the Minister decides not to grant the exemption, the Minister must give the applicant written notice of the Minister’s decision as soon as practicable after the decision is made.
Note: If the Minister grants the exemption, the Minister must give each person to whom the exemption applies a copy of the exemption (see section 302F).
302D Grounds for grant of Part 13 exemption
(1) Before granting a Part 13 exemption for an action from a provision (including a regulation made under a provision) of this Part the Minister must be satisfied that:
(a) if the exemption were not granted, the action would contravene the provision; and
(b) it is in the national interest that the provision not apply to the taking of the action by the person to whom the exemption is to apply.
(2) In determining the national interest for the purposes of a provision of this Division, the Minister may consider:
(a) Australia’s defence or security; or
(b) a national emergency, including an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.
This does not limit the matters the Minister may consider.
Note: The following provisions of this Division require the Minister to consider the national interest:
(a) paragraph (1)(b) of this section;
(b) subsection 302G(3);
(c) paragraph 302K(1)(a).
302E Conditions of Part 13 exemption
(1) The Minister may impose one or more conditions on a Part 13 exemption for an action from a provision if any of the following subsections apply.
Conditions—general
(2) The Minister is satisfied that:
(a) the provision is not a regulation made for the purposes of paragraph 301A(b), (c) or (d); and
(b) the condition is necessary or convenient for protecting from the action, or mitigating damage that has been, will be or may be caused by the action to:
(i) a listed threatened species, a listed threatened ecological community, a listed migratory species or a listed marine species, or the habitat of such a species or of such an ecological community, that is in a Commonwealth area; or
(ii) the environment in a Commonwealth area.
Conditions—cetaceans
(3) The Minister is satisfied that:
(a) the provision is not a regulation made for the purposes of paragraph 301A(b), (c) or (d); and
(b) the action is likely to interfere with, or otherwise affect, cetaceans in, or in waters beyond the outer limits of, the Australian Whale Sanctuary; and
(c) the condition is necessary or convenient for:
(i) avoiding or mitigating the interference with or effect on the cetaceans that has been, will be or is likely to be caused by the action; or
(ii) protecting from the action, or mitigating damage that has been, will be or may be caused by the action to, the environment of, or the environment of waters beyond the outer limits of, the Australian Whale Sanctuary.
Conditions—bringing invasive species into Australia
(4) The Minister is satisfied that:
(a) the provision is a regulation made for the purposes of paragraph 301A(b); and
(b) the condition relates to bringing a member of a species included in the list mentioned in paragraph 301A(a) into the Australian jurisdiction.
Conditions—trade in invasive species
(5) The Minister is satisfied that:
(a) the provision is a regulation made for the purposes of paragraph 301A(c); and
(b) the condition relates to trade in members of a species included in the list mentioned in paragraph 301A(a):
(i) between Australia and another country; or
(ii) between 2 States; or
(iii) between 2 Territories; or
(iv) between a State and a Territory; or
(v) by a constitutional corporation.
Conditions—actions involving or affecting invasive species
(6) The Minister is satisfied that:
(a) the provision is a regulation made for the purposes of paragraph 301A(d); and
(b) the condition:
(i) involves or affects members of a species included in the list mentioned in paragraph 301A(a); and
(ii) is appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.
302F Notice of Part 13 exemption
(1) As soon as practicable after making a Part 13 exemption under section 302A, the Minister must:
(a) give a copy of the exemption to:
(i) the person to whom the exemption applies; and
(ii) if a different person applied for the exemption under subsection 302C(1)—that person; and
(b) publish a copy of the exemption together with the Minister’s reasons for granting the exemption on the Department’s website.
(2) However, the Minister must not publish under paragraph (1)(b) so much of the exemption or reasons as:
(a) is:
(i) an exempt document under section 47 of the Freedom of Information Act 1982 (trade secrets etc.); or
(ii) a conditionally exempt document under section 47G of that Act (business documents) to which access would, on balance, be contrary to the public interest for the purposes of subsection 11A(5) of that Act; or
(b) the Minister believes it is in Australia’s national interest not to provide.
Note: Subsection 157C(2) applies in relation to determining Australia’s national interest.
302G Variation of Part 13 exemption
(1) The Minister may, by written instrument, vary a Part 13 exemption:
(a) on the Minister’s initiative; or
(b) on application under section 302H.
Note: The Minister may request information to make an informed decision under subsection 302N(1).
(2) The variation may vary any one or more of the following:
(a) the specified action;
(b) the provisions from which the action is exempt, but not in a way that results in the action being exempt from additional provisions;
(c) the person to whom the exemption applies;
(d) the period for which the exemption is in force;
(e) the conditions of the exemption, including by imposing additional conditions.
Grounds for variation
(3) The Minister must not vary the exemption as mentioned in paragraph (2)(a), (b) or (c) unless the Minister is satisfied that the exemption as varied is in the national interest.
Note: Subsection 302D(2) applies in relation to determining the national interest.
(4) The Minister must not vary the exemption as mentioned in paragraph (2)(d) unless the Minister is satisfied that the variation is reasonably necessary to address the national interest that is the basis for the exemption as varied.
(5) The Minister must not vary the exemption as mentioned in paragraph (2)(e) unless the Minister is satisfied, in relation to the conditions as varied, of the matters set out in subsection 302E(2), (3), (4), (5) or (6).
When variation comes into force
(6) A variation comes into force on the day specified in the variation (which must not be earlier than the day the variation is made).
Not a legislative instrument
(7) A variation made under subsection (1) is not a legislative instrument.
302H Application to vary Part 13 exemption
(1) The following may apply to the Minister to vary a Part 13 exemption:
(a) the person to whom the exemption applies (the exempt person);
(b) if a different person applied to the Minister for the exemption under subsection 302C(1)—that person, with the agreement in writing of the exempt person.
(2) The application must:
(a) be in writing; and
(b) specify the variation applied for.
Note: For the types of variations that may be made, see subsection 302G(2).
Timeframe for decision
(3) The Minister must decide whether to vary the exemption under section 302G within 20 business days of receiving the application.
Note: If the Minister requests information to make an informed decision under section 302N, days between the request and receipt of the information do not count towards this timeframe (subsection 302N(2)).
Notice if Minister decides not to vary exemption
(4) If the Minister decides not to vary the exemption, the Minister must give the applicant written notice of the Minister’s decision as soon as practicable after the decision is made.
Note: If the Minister varies the exemption, the Minister must give a copy of the variation to the person to whom it applies and the applicant (if a different person) (see section 302J).
302J Notice of variation of Part 13 exemption
(1) As soon as practicable after varying a Part 13 exemption under section 302G, the Minister must:
(a) give a copy of the variation to:
(i) the person to whom the exemption, as varied, applies; and
(ii) if a different person applied for the variation—that person; and
(b) publish a copy of the variation together with the Minister’s reasons for varying the exemption on the Department’s website.
(2) However, the Minister must not publish under paragraph (1)(b) so much of the variation or reasons as:
(a) is:
(i) an exempt document under section 47 of the Freedom of Information Act 1982 (trade secrets etc.); or
(ii) a conditionally exempt document under section 47G of that Act (business documents) to which access would, on balance, be contrary to the public interest for the purposes of subsection 11A(5) of that Act; or
(b) the Minister believes it is in Australia’s national interest not to provide.