(1) A witness for the prosecution in any proceedings for an offence against this Part is not to be compelled to disclose:
(a) the fact that the witness received any information; or
(b) the nature of any information received by the witness; or
(c) the name of the person who gave the witness any information.
(2) An authorised officer who is a witness in any proceedings for an offence against this Part is not to be compelled to produce any report:
(a) that was made or received by the authorised officer in confidence in his or her capacity as an authorised officer; or
(b) that contains information received by the authorised officer in confidence.
(3) Subsections (1) and (2) are to be disregarded in determining the compellability of witnesses in proceedings for an offence against a provision of this Act other than this Part.
303GU Forms and declarations—persons arriving in Australia or an external Territory
The regulations may provide for forms to be completed, or declarations to be made, in relation to specimens by persons arriving in Australia or an external Territory.
303GV Saving of other laws
(1) This Part is in addition to the following laws:
(a) the Customs Act 1901;
(b) the Biosecurity Act 2015;
(c) any other law of the Commonwealth or of an external Territory, whether passed or made before or after the commencement of this Part.
(2) The holder of a permit under this Part authorising the export or import of a specimen is not, by reason only of being the holder of the permit, exempt from compliance with any law referred to in paragraph (1)(a), (b) or (c) that applies in relation to that specimen.
(3) Without limiting subsection (1), this Part, and regulations made for the purposes of this Part, do not authorise or permit the doing of any act in contravention of the Biosecurity Act 2015 or of a law of an external Territory relating to quarantine.
303GW Part not to apply to certain specimens
Transhipment
(1) For the purposes of this Part, if a specimen is brought into Australia from a country:
(a) for the purpose of transhipment to another country; or
(b) as part of an aircraft’s stores or ship’s stores;
that specimen:
(c) is taken not to have been imported into Australia; and
(d) when it leaves Australia, is taken not to be exported from Australia.
(2) For the purposes of this Part, if a specimen is brought into an external Territory:
(a) for the purpose of transhipment to another country; or
(b) as part of an aircraft’s stores or ship’s stores;
that specimen:
(c) is taken not to have been imported into that Territory; and
(d) when it leaves that Territory, is taken not to be exported from that Territory.
(3) For the purposes of subsection (1), a specimen is to be taken to be brought into Australia for the purpose of transhipment to another country if, and only if:
(a) the specimen is brought into Australia in the course of being transported to an identified person in the other country; and
(b) any delay in its leaving Australia will be due solely to the arrangements for its transport; and
(c) it will be under customs control under the Customs Act 1901 all the time that it is in Australia.
(4) For the purposes of subsection (2), a specimen is taken to be brought into an external Territory for the purpose of transhipment to another country if, and only if:
(a) the specimen is brought into that Territory in the course of being transported to an identified person in the other country; and
(b) any delay in its leaving that Territory will be due solely to the arrangements for its transport; and
(c) it will be under the control of an authorised officer all the time that it is in that Territory.
Emergency
(5) For the purposes of this Part, if:
(a) the Minister, the Director of Biosecurity, a prescribed person or a prescribed organisation is satisfied that, in order to meet an emergency involving danger to the life or health of a human or an animal, it is necessary or desirable that a specimen that could be used in treating that person or animal should be sent out of, or brought into, Australia or an external Territory; and
(b) that specimen is sent out of, or brought into, Australia or that Territory, as the case requires, to meet that emergency;
that specimen is taken not to have been exported or imported, as the case may be.
Quarantine
(6) Subject to subsections (1), (2) and (5), if, in accordance with the Biosecurity Act 2015 or a law of an external Territory relating to quarantine, a person exercising powers under that Act or law imports a specimen that is subject to biosecurity control under the Biosecurity Act 2015 or subject to quarantine, then, for the purposes of this Part, that specimen is taken to have been imported by:
(a) if a person holds a permit to import that specimen—the holder of that permit; or
(b) in any other case—a person whose identity is not known;
but this subsection does not affect the commission of any offence committed before the importation of that specimen.
Definitions
(7) In this section:
aircraft’s stores and ship’s stores have the same meanings respectively as they have in Part VII of the Customs Act 1901.
303GX Part not to apply to certain specimens used by traditional inhabitants
(1) In this section:
area in the vicinity of the Protected Zone means an area in respect of which a notice is in force under subsection (2).
Australian place means a place in Australia that is in the Protected Zone or in an area in the vicinity of the Protected Zone.
Papua New Guinea place means a place in Papua New Guinea that is in the Protected Zone or in an area in the vicinity of the Protected Zone.
prescribed specimen means a specimen of a kind specified in a notice in force under subsection (3).
Protected Zone means the zone established under Article 10 of the Torres Strait Treaty, being the area bounded by the line described in Annex 9 to that treaty.
Torres Strait Treaty means the Treaty between Australia and the Independent State of Papua New Guinea that was signed at Sydney on 18 December 1978.
traditional activities has the same meaning as in the Torres Strait Treaty.
traditional inhabitants has the same meaning as in the Torres Strait Fisheries Act 1984.
(2) The Minister may, by notifiable instrument, declare an area adjacent to the Protected Zone to be an area in the vicinity of the Protected Zone for the purposes of this section.
(3) The Minister may, by notifiable instrument, declare that a specimen of a kind specified in the notice is a prescribed specimen for the purposes of this section.
Note: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.
(4) For the purposes of this Part, if a prescribed specimen that is owned by, or is under the control of, a traditional inhabitant and that has been used, is being used or is intended to be used by him or her in connection with the performance of traditional activities in the Protected Zone or in an area in the vicinity of the Protected Zone, is:
(a) brought to an Australian place from a Papua New Guinea place; or
(b) taken from an Australian place to a Papua New Guinea place;
then, subject to subsection (5), that specimen:
(c) in the case where the specimen is brought into Australia as mentioned in paragraph (a)—is taken not to have been imported into Australia; and
(d) in the case where the specimen is taken from Australia as mentioned in paragraph (b)—is taken not to have been exported from Australia.
(5) If:
(a) a prescribed specimen that has been brought into Australia is, under subsection (4), taken not to have been imported into Australia; and
(b) that prescribed specimen is brought to a place in Australia that is not in the Protected Zone or in an area in the vicinity of the Protected Zone;
the prescribed specimen is taken to have been imported into Australia upon being brought to the place referred to in paragraph (b).
303GY When a specimen is lawfully imported
For the purposes of this Part, a specimen is lawfully imported if, and only if, it was imported and:
(a) in a case where the specimen was imported after the commencement of this Part—it was not imported in contravention of this Part; or
(b) in a case where the specimen was imported when the Wildlife Protection (Regulation of Exports and Imports) Act 1982 was in force—it was not imported in contravention of that Act; or
(c) in a case where the specimen was imported before the commencement of the Wildlife Protection (Regulation of Exports and Imports) Act 1982—it was not imported in contravention of:
(i) the Customs (Endangered Species) Regulations; or
(ii) the Customs (Prohibited Imports) Regulations.
Part 14—Conservation agreements
304 Object of this Part
(1) The object of this Part is to provide for:
(a) conservation agreements between the Commonwealth and persons related to the protection and conservation of the following:
(i) biodiversity;
(ii) the world heritage values of declared World Heritage properties;
(iii) the National Heritage values of National Heritage places;
(iv) the Commonwealth Heritage values of Commonwealth Heritage places;
(v) the ecological character of a declared Ramsar wetland;
(vi) the environment, in respect of the impact of a nuclear action;
(vii) the environment in a Commonwealth marine area;
(viia) a water resource, in respect of the impact of an action involving unconventional gas development or large coal mining development;
(viii) the environment on Commonwealth land; and
(b) the effect of conservation agreements; and
(c) the publication of conservation agreements.
(2) Conservation agreements are agreements whose primary object is to enhance the conservation of matters referred to in paragraph (1)(a). They may relate to private or public land, or to marine areas.
Note: Conservation agreements cannot cover all or part of a Commonwealth reserve (see subsection 305(4)).
305 Minister may enter into conservation agreements
(1) The Minister may, on behalf of the Commonwealth, enter into an agreement (a conservation agreement) with a person for the protection and conservation of all or any of the following:
(a) biodiversity in the Australian jurisdiction;
(b) the world heritage values of a declared World Heritage property in the Australian jurisdiction;
(c) the National Heritage values of a National Heritage place;
(d) the Commonwealth Heritage values of a Commonwealth Heritage place (whether inside or outside the Australian jurisdiction);
(e) the ecological character of a declared Ramsar wetland in the Australian jurisdiction;
(f) the environment, in respect of the impact of a nuclear action in the Australian jurisdiction;
(g) the environment in a Commonwealth marine area in the Australian jurisdiction;
(ga) a water resource, in respect of the impact of an action involving unconventional gas development or large coal mining development in the Australian jurisdiction;
(h) the environment on Commonwealth land in the Australian jurisdiction.
Note: Conservation agreements cannot cover all or part of a Commonwealth reserve (see subsection 305(4)).
(1A) The protection and conservation of the matters in subsection (1) include all or any of the following:
(a) the protection, conservation and management of any listed species or ecological communities, or their habitats;
(b) the management of things in a way necessary for the protection and conservation of:
(i) the world heritage values of a declared World Heritage property; or
(ii) the National Heritage values of a National Heritage place; or
(iii) the Commonwealth Heritage values of a Commonwealth Heritage place; or
(iv) the ecological character of a declared Ramsar wetland; or
(v) the environment, in respect of the impact of a nuclear action; or
(vi) the environment in a Commonwealth marine area; or
(via) a water resource, in respect of the impact of an action involving unconventional gas development or large coal mining development; or
(vii) the environment on Commonwealth land;
(c) the abatement of processes, and the mitigation or avoidance of actions, that might adversely affect:
(i) biodiversity; or
(ii) the world heritage values of a declared World Heritage property; or
(iii) the National Heritage values of a National Heritage place; or
(iv) the Commonwealth Heritage values of a Commonwealth Heritage place; or
(v) the ecological character of a declared Ramsar wetland; or
(vi) the environment, in respect of the impact of a nuclear action; or
(vii) the environment in a Commonwealth marine area; or
(viia) a water resource, in respect of the impact of an action involving unconventional gas development or large coal mining development; or
(viii) the environment on Commonwealth land.
Note: When the Minister is considering entering into a conservation agreement, the Minister must take into account any responsibilities of other Commonwealth Ministers that may be affected by the agreement.
(2) However, the Minister must not enter into a conservation agreement unless satisfied that:
(a) in the case of a proposed agreement wholly or partly for the protection and conservation of biodiversity—the agreement:
(i) will result in a net benefit to the conservation of biodiversity; and
(ii) is not inconsistent with a recovery plan, threat abatement plan or wildlife conservation plan; and
(b) in the case of a proposed agreement wholly or partly for the protection and conservation of heritage values—the agreement:
(i) will result in a net benefit to the conservation of those heritage values; and
(ii) is not inconsistent with at least one of the Australian World Heritage management principles, the National Heritage management principles and the Commonwealth Heritage management principles; and
(c) in the case of a proposed agreement wholly or partly for the protection and conservation of the ecological character of a declared Ramsar wetland—the agreement:
(i) will result in a net benefit to the conservation of that ecological character; and
(ii) is not inconsistent with the Australian Ramsar management principles; and
(d) in the case of a proposed agreement wholly or partly for the protection and conservation of the environment, in respect of the impact nuclear actions—the agreement does not relate to the construction or operation of any of the following nuclear installations:
(i) a nuclear fuel fabrication plant;
(ii) a nuclear power plant;
(iii) an enrichment plant;
(iv) a reprocessing facility; and
(e) in the case of a proposed agreement wholly or partly for the protection and conservation of the environment in a Commonwealth marine area—the agreement will result in a net benefit to the conservation of the environment in that area; and
(ea) in the case of a proposed agreement wholly or partly for the protection and conservation of a water resource, in respect of the impacts of actions involving unconventional gas development or large coal mining development—the agreement will result in a net benefit to the conservation of the water resource; and
(f) in the case of a proposed agreement wholly or partly for the protection and conservation of the environment on Commonwealth land—the agreement will result in a net benefit to the conservation of the environment on that land.
(2A) Subparagraph (2)(d)(ii) does not apply to a naval nuclear propulsion plant related to use in a conventionally‑armed, nuclear‑powered submarine.
(3) For the purposes of subsection (2), in deciding whether a proposed agreement will result in a net benefit to the conservation as mentioned in paragraph (2)(a), (b), (c), (e) or (f), the Minister must have regard to the matters (if any) prescribed by the regulations.
(3A) If:
(a) the Minister is considering whether to enter into a proposed conservation agreement that is wholly or partly for the protection and conservation of biodiversity; and
(b) the agreement would or could affect a particular listed threatened species or listed threatened ecological community;
the Minister must, in deciding whether to enter into the agreement, have regard to any approved conservation advice for the species or community.
(4) A conservation agreement must not cover all or part of a Commonwealth reserve.
(5) Under subsection (1), the Minister may enter into a conservation agreement covering land with one of the following persons who has a usage right relating to the land:
(a) an indigenous person;
(b) a body corporate wholly owned by indigenous persons;
(c) a body corporate established by or under an Act for the purposes of holding for the benefit of indigenous persons land vested in it by or under that Act;
(d) the trustee of a trust that holds land for the benefit of indigenous persons.
This does not limit subsection (1).
(6) The Minister must take account of the following when entering into a conservation agreement that is wholly or partly for the protection and conservation of biodiversity as described in subsection (5):
(a) paragraph (j) of Article 8 of the Biodiversity Convention;
(b) paragraph (c) of Article 10 of the Biodiversity Convention;
(c) paragraph 4 of Article 18 of the Biodiversity Convention;
(d) objective 1.8.2 of the National Strategy for the Conservation of Australia’s Biological Diversity, published by the Commonwealth in 1996.
306 Content of conservation agreements
(1) Without limiting section 305, a conservation agreement may provide, for example, for all or any of the following:
(a) activities that promote the protection and conservation of all or any of the following:
(i) biodiversity;
(ii) the world heritage values of a declared World Heritage property;
(iii) the National Heritage values of a National Heritage place;
(iv) the Commonwealth Heritage values of a Commonwealth Heritage place;
(v) the ecological character of a declared Ramsar wetland;