(1) The Minister must take account of the precautionary principle in making a decision listed in the table in subsection (3), to the extent he or she can do so consistently with the other provisions of this Act.
Precautionary principle
(2) The precautionary principle is that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment where there are threats of serious or irreversible environmental damage.
Decisions in which precautionary principle must be considered
(3) The decisions are:
Decisions in which precautionary principle must be considered
Item Section decision is made under Nature of decision
1 75 whether an action is a controlled action
2 133 whether or not to approve the taking of an action
3 201 whether or not to grant a permit
4 216 whether or not to grant a permit
5 238 whether or not to grant a permit
6 258 whether or not to grant a permit
6A 269AA whether or not to have a recovery plan for a listed threatened species or a listed threatened ecological community
7 269A about making a recovery plan or adopting a plan as a recovery plan
7A 270A whether or not to have a threat abatement plan for a key threatening process
7B 270B about making a threat abatement plan or adopting a plan as a threat abatement plan
8 280 about approving a variation of a plan adopted as a recovery plan or threat abatement plan
9 285 about making a wildlife conservation plan or adopting a plan as a wildlife conservation plan
10 295 about approving a variation of a plan adopted as a wildlife conservation plan
10A 303CG whether or not to grant a permit
10AA 303DC whether or not to amend the list of exempt native specimens
10B 303DG whether or not to grant a permit
10C 303EC about including an item in the list referred to in section 303EB
10D 303EN whether or not to grant a permit
10E 303FN about declaring an operation to be an approved wildlife trade operation
10F 303FO about declaring a plan to be an approved wildlife trade management plan
10G 303FP about declaring a plan to be an accredited wildlife trade management plan
10H 303GB whether or not to grant an exceptional circumstances permit
11 316 about making a plan for managing a property that is included in the World Heritage List and is entirely within one or more Commonwealth areas
11A 324S about making a plan for managing a National Heritage place
12 328 about making a plan for managing a wetland that is designated for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention and is entirely within one or more Commonwealth areas
13 338 about making a plan for managing a Biosphere reserve entirely within one or more Commonwealth areas
13A 341T about endorsing a plan for managing a Commonwealth Heritage place
14 370 about approving a management plan for a Commonwealth reserve
Part 17—Enforcement
Division 1—Wardens, rangers and inspectors
Subdivision A—Wardens and rangers
392 Appointment of wardens and rangers
The Minister may, in writing, appoint:
(a) an officer or employee of the Department; or
(b) a person covered by an arrangement made under section 393;
to be a warden or ranger.
393 Arrangements for certain officers or employees to exercise powers etc. of wardens or rangers
(1) The Secretary may make arrangements with an Agency Head (within the meaning of the Public Service Act 1999), or with an authority of the Commonwealth, for the performance or exercise of all or any of the functions or powers of wardens and rangers under this Act or the regulations by officers or employees in that Agency or authority, as the case may be.
(1A) However, an arrangement under subsection (1) must not provide for the performance or exercise of functions or powers under this Act or the regulations in relation to a Commonwealth reserve or conservation zone.
(2) The Minister may enter into an arrangement with the appropriate Minister of a State or of the Australian Capital Territory or of the Northern Territory for:
(a) officers or employees in the Public Service of the State or Territory, or in an authority of the State or Territory (including a local government body); or
(b) members of the police force of the State or Territory;
to perform or exercise all or any of the functions or powers of wardens or rangers under this Act or the regulations.
(4) The Director may make arrangements with an Agency Head (within the meaning of the Public Service Act 1999), or with an authority of the Commonwealth, for the performance or exercise of all or any of the functions or powers of wardens and rangers under this Act or the regulations by officers or employees in that Agency or authority, as the case may be.
394 Wardens ex officio
By force of this section each of the following is a warden:
(a) each member or special member of the Australian Federal Police;
(b) each officer of Customs.
395 Identity cards
(1) The Minister must issue to each warden (except a member of a police force or an officer of Customs) and to each ranger, an identity card, in a form approved by the Minister, containing a photograph of the person to whom it is issued.
(2) If a person stops being a warden or ranger, the person must immediately return his or her identity card to the Minister.
(3) A person who contravenes subsection (2) commits an offence punishable on conviction by a fine not exceeding one penalty unit.
Subdivision B—Inspectors
396 Appointment of inspectors
(1) The Minister may, in writing, appoint a person to be an inspector.
(2) The Minister may make a written determination that a specified person, or a person included in a specified class of persons, does not have such of the powers conferred on an inspector by this Act as are specified in the determination. The determination has effect accordingly.
(3) If the Minister makes a determination under subsection (2) about a named individual, the Minister must give the individual a copy of the determination.
397 Inspectors ex officio
(1) By force of this section each of the following is an inspector:
(a) each member or special member of the Australian Federal Police;
(b) each person appointed as an inspector under subsection 43(1) of the Great Barrier Reef Marine Park Act 1975 (other than such a person whose appointment relates only to the powers of an inspector under Part VIIA of that Act);
(c) each officer of Customs.
(2) Paragraph (1)(b) does not apply for the purposes of the application of this Act to an offence against, or a matter relating to, Part 13A.
(3) By force of this section, for the purposes of the application of this Act to an offence against, or a matter relating to, Part 13A, each of the following is an inspector:
(b) each member of the police force of an external Territory;
(c) each biosecurity officer (within the meaning of the Biosecurity Act 2015).
Note: Part 13A deals with international movement of wildlife specimens.
398 Arrangements for State and Territory officers to be inspectors
(1) The Minister may enter into an arrangement with the appropriate Minister of a State or of the Australian Capital Territory or of the Northern Territory for:
(a) officers or employees of the Public Service of the State or Territory, or of an authority of the State or Territory (including a local government body); or
(b) members of the police force of the State or Territory;
to be inspectors, and that arrangement has effect accordingly.
(3) The Minister may make a written determination that a specified person, or a person included in a specified class of persons, who is an inspector because of this section does not have such of the powers conferred on an inspector by this Act as are specified in the determination. The determination has effect accordingly.
(4) If the Minister makes a determination under subsection (3) about a named individual, the Minister must give the individual a copy of the determination.
399 Identity cards
(1) The Minister must issue to an inspector an identity card in a form approved by the Minister, containing a photograph of the person to whom it is issued.
(1A) Subsection (1) does not apply in relation to an inspector who is:
(a) a member of a police force; or
(b) an inspector by force of paragraph 397(1)(b); or
(c) an officer of Customs.
(2) If a person stops being an inspector, the person must immediately return his or her identity card to the Minister.
(3) A person who contravenes subsection (2) commits an offence punishable on conviction by a fine not exceeding one penalty unit.
(4) For the purposes of this Act, a requirement for a person who is an inspector by force of paragraph 397(1)(b) to produce his or her identity card is satisfied if the person shows his or her identity card issued under section 45 of the Great Barrier Reef Marine Park Act 1975.
Subdivision BA—Exercise of powers of authorised officers outside the territorial sea
399A Powers to be exercised consistently with UNCLOS
(1) This section applies in relation to the powers of an authorised officer under this Part (including powers an authorised officer has under or because of a search warrant or a monitoring warrant), to the extent that the powers are otherwise permitted to be exercised:
(a) outside the territorial sea; and
(b) in relation to a person, aircraft or vessel, other than a person aircraft or vessel of a kind referred to in any of paragraphs 5(3)(a) to (h).
(2) The powers of an authorised officer, to the extent to which this section applies to them, must be exercised consistently with Australia’s rights and obligations under:
(a) UNCLOS; and
(b) any other international agreements specified in regulations made for the purposes of this section.
(3) In this section:
UNCLOS means the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982.
Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 31. In 2006, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
Subdivision BB—Exercise of powers of authorised officers in relation to Great Barrier Reef Marine Park
399B Certain powers to be exercised only by certain authorised officers
(1) The powers of an authorised officer in relation to:
(a) an offence against an environmental law that is the Great Barrier Reef Marine Park Act 1975 or regulations made under that Act; or
(b) an environmental penalty provision that is a civil penalty provision of that Act; or
(c) a thing that may be done for the purposes of that Act;
may only be exercised by an authorised officer who is an inspector by force of paragraph 397(1)(a) or (b).
(2) To avoid doubt, an authorised officer who is an inspector by force of paragraph 397(1)(a) or (b) and also by force of paragraph 397(1)(c) is an authorised officer who may exercise the powers referred to in subsection (1).
Subdivision C—Miscellaneous
400 Regulations may give wardens, rangers and inspectors extra powers, functions and duties
The regulations may provide for functions and powers to be conferred, and duties to be imposed, on wardens, rangers and inspectors.
401 Impersonating authorised officers and rangers
(1) A person commits an offence if:
(a) the person:
(i) impersonates an authorised officer or a ranger on an occasion; and
(ii) does so knowing it to be an occasion when the officer or ranger would be on duty and doing an act or attending a place; or
(b) the person:
(i) falsely represents himself or herself to be an authorised officer or a ranger; and
(ii) does an act or attends a place in the assumed character of that officer or ranger; or
(c) the person:
(i) impersonates an authorised officer or a ranger or falsely represents himself or herself to be an authorised officer or a ranger; and
(ii) does so with the intention of obtaining a gain, causing a loss or influencing the exercise of a public duty.
(2) Subsection (1) does not apply to an authorised officer or a ranger.
(3) An authorised officer or a ranger commits an offence if:
(a) the officer or ranger:
(i) impersonates another authorised officer or ranger on an occasion; and
(ii) does so knowing it to be an occasion when the other officer or ranger would be on duty and doing an act or attending a place; or
(b) the officer or ranger:
(i) falsely represents himself or herself to be another authorised officer or a ranger; and
(ii) does an act or attends a place in the assumed character of the other officer or ranger; or
(c) the officer or ranger:
(i) impersonates another authorised officer or a ranger or falsely represents himself or herself to be another authorised officer or a ranger; and
(ii) does so with the intention of obtaining a gain, causing a loss or influencing the exercise of a public duty.
(4) An offence against this section is punishable, on conviction, by imprisonment for not more than 2 years or a fine not exceeding 120 penalty units, or both.
402 Offences against authorised officers and rangers
(1) A person commits an offence if the person:
(a) uses or threatens violence against another person; and
(b) does so knowing that the other person is an authorised officer or a ranger; and
(c) does so because of that other person’s status as an authorised officer or ranger.
(2) An offence against subsection (1) is punishable, on conviction, by imprisonment for not more than 7 years or a fine not exceeding 420 penalty units, or both.
(3) A person commits an offence if the person:
(a) obstructs, intimidates, resists or hinders another person who is an authorised officer or a ranger exercising or performing his or her powers, duties or functions; and
(b) does so knowing that the other person is an authorised officer or ranger.
(4) An offence against subsection (3) is punishable, on conviction, by imprisonment for not more than 2 years or a fine not exceeding 120 penalty units, or both.
(5) It is immaterial whether the defendant was aware that the authorised officer or ranger was engaged in the exercise or performance, or attempted exercise or performance of a power, duty or function of such officer or ranger.
(6) It is a defence in proceedings for an offence against subsection (3), if at the time of the conduct constituting the offence, the authorised officer or ranger was abusing his or her power.
(7) This section does not limit the power of a court to punish a contempt of that court.
(8) Subsections (1) and (3) are not intended to exclude or limit the concurrent operation of any law of the Australian Capital Territory in a case where the other person referred to in that subsection is a member or special member of the Australian Federal Police.
Division 2—Boarding of vessels etc. and access to premises
403 Boarding of vessels etc. by authorised officers
(1) This section applies to:
(a) any Australian vessel or Australian aircraft, whether or not it is in the Australian jurisdiction; or
(b) any other vessel or aircraft, or any vehicle or platform, that is in the Australian jurisdiction.
(2) If an authorised officer suspects on reasonable grounds that there is in, or on, a vehicle, vessel, aircraft or platform to which this section applies any evidential material in relation to an offence against an environmental law, in relation to a contravention of an environmental penalty provision or in relation to both, the authorised officer may, with such assistance as he or she thinks necessary:
(a) board the vehicle, vessel, aircraft or platform at any reasonable time for the purpose of exercising, and may exercise, the powers of an authorised officer under section 406; and
(b) in the case of a vehicle, vessel or aircraft—stop and detain the vehicle, vessel or aircraft for that purpose.
(2A) An authorised officer who boards a vehicle, vessel, aircraft or platform under paragraph (2)(a) may require a person on the vehicle, vessel, aircraft or platform to:
(a) answer a question asked by the authorised officer; or
(b) give the authorised officer information requested by the authorised officer; or
(c) produce to the authorised officer records or documents kept on the vehicle, vessel, aircraft or platform.
(3) If an authorised officer or the person in command of a Commonwealth ship or of a Commonwealth aircraft suspects on reasonable grounds that a vessel to which this section applies has been used or otherwise involved in the commission of an offence against an environmental law, he or she may:
(a) bring the vessel to the nearest port in Australia or an external Territory to which it is safe and practicable to bring the vessel; or
(b) by means of an international signal code or other internationally recognised means of communication with a vessel, require the person in charge of the vessel to bring the vessel to that port.
(4) An authorised officer, or the person in command of a Commonwealth ship or of a Commonwealth aircraft, may require the person in charge of an aircraft to which this section applies to bring the aircraft to the nearest airport in Australia or an external Territory to which it is safe and practicable to bring the aircraft if:
(a) the authorised officer, or the person in command of the Commonwealth ship or Commonwealth aircraft, suspects on reasonable grounds that the aircraft has been used or otherwise involved in the commission of an offence against an environmental law; and
(b) the requirement is made by means of an international signal code or other internationally recognised means of communication with an aircraft.