(2) The holder of an environmental authority must not contravene subsection (1).
Civil penalty: 500 penalty units.
(3) The holder must not appoint an officer or employee of the holder to be an environmental auditor.
(4) The holder must not appoint a person to be an environmental auditor unless the Minister has approved the person for such appointment before the appointment is made.
(5) An appointment of a person as an environmental auditor made otherwise than in accordance with subsections (3) and (4) has no effect.
460 Nature of directed environmental audit
(1) If:
(a) an environmental auditor carries out a directed environmental audit; and
(b) in the course of carrying out the audit, the auditor does not deal with a particular matter; and
(c) the matter is specified in the Minister’s notice under section 458 as a matter that is to be covered by the audit;
the auditor commits an offence, punishable on conviction by a fine not exceeding 30 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibilities.
(2) If:
(a) an environmental auditor carries out a directed environmental audit; and
(b) in the course of carrying out the audit, the auditor conceals, or does not take into account, any information or document; and
(c) the information or document is relevant to the audit;
the auditor commits an offence punishable on conviction by imprisonment for not more than 6 months.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: Subsection 4B(2) of the Crimes Act 1914 lets a court that convicts an individual of an offence impose a fine instead of, or as well as, imprisonment. The maximum fine (in penalty units) the court can impose is 5 times the maximum term of imprisonment (in months).
(3) In carrying out a directed environmental audit, the environmental auditor may, if:
(a) an environmental audit (including an environmental audit carried out in accordance with a condition of the relevant authority) was completed within the last preceding 2 years; and
(b) the auditor is satisfied that the previous audit is still relevant;
have regard to the results of the previous audit.
(4) For the purposes of this Act, a directed environmental audit is an audit required by a notice under section 458.
461 Audit reports
(1) After completing a directed environmental audit, the environmental auditor must prepare, and give the holder of the relevant environmental authority, a written report setting out the results of the audit.
(2) The holder must give the report to the Minister:
(a) on or before the date specified by the Minister under paragraph 458(2)(c); or
(b) on or before such later date as the Minister, on application by the holder, determines.
(3) If the holder fails to comply with subsection (2), the holder commits an offence, punishable on conviction by a fine not exceeding 50 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibilities.
(4) If:
(a) the environmental auditor includes a statement in the report; and
(b) the statement is false or misleading in a material particular;
the auditor commits an offence punishable on conviction by imprisonment for not more than 6 months.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: Subsection 4B(2) of the Crimes Act 1914 lets a court that convicts an individual of an offence impose a fine instead of, or as well as, imprisonment. The maximum fine (in penalty units) the court can impose is 5 times the maximum term of imprisonment (in months).
462 Directed environmental audits do not affect other audit obligations
This Division does not affect any obligation of a holder of an environmental authority to carry out an environmental audit in accordance with a condition of the authority.
Division 13—Conservation orders
Subdivision A—Simplified outline
463 Simplified outline of this Division
The following is a simplified outline of this Division:
The Minister may make conservation orders controlling activities, and requiring specified people to take specified actions, in Commonwealth areas to protect listed threatened species or ecological communities.
A person who contravenes a conservation order commits an offence.
Before the Minister makes a conservation order, he or she must consult various Commonwealth agencies.
The Secretary must publicise conservation orders, and may give assistance to a person to comply with a conservation order.
Subdivision B—Making and reviewing conservation orders
464 Minister may make conservation orders
Making conservation orders
(1) The Minister may make a written order (a conservation order):
(a) prohibiting or restricting specified activities on or in:
(i) all Commonwealth areas; or
(ii) specified Commonwealth areas; or
(b) requiring specified persons to take specified action on or in:
(i) all Commonwealth areas; or
(ii) specified Commonwealth areas.
Note: Section 470 makes contravening a conservation order an offence.
Prerequisite to making conservation order
(2) The Minister may only make a conservation order if he or she reasonably believes that it is necessary to make the order to protect a listed threatened species or a listed threatened ecological community.
Minister must consider economic and social matters
(3) In considering whether to make a conservation order, the Minister must be satisfied that making the order is justified, having regard to economic and social considerations that are consistent with the principles of ecologically sustainable development.
Minister must consult before making conservation order
(4) Before making a conservation order, the Minister:
(a) must seek the Secretary’s advice on whether it should be made; and
(b) must consult each Commonwealth agency that may be affected by the order, and any other Commonwealth agency the Minister thinks appropriate, unless delay in making the order would result in significant, irreparable damage to a listed threatened species or listed threatened ecological community.
465 Duration of conservation orders
(1) A conservation order comes into force:
(a) if a commencement day is specified in the order—on that day; or
(b) otherwise—immediately after it is made.
(2) The order remains in force:
(a) for the period (if any) specified in the order; or
(b) until it is revoked by the Minister.
466 Reviews of conservation orders
(1) The Minister must:
(a) at intervals of not more than 5 years, review the conservation order; and
(b) after each review, confirm, vary or revoke the order by instrument in writing.
(2) Before reviewing the order, the Minister must seek the Secretary’s advice on the review.
(3) The Minister must not revoke the order unless he or she is satisfied that the order is no longer needed to protect the listed threatened species or listed threatened ecological community the order was made to protect.
(4) The Minister must not vary the order unless he or she is satisfied that the order as varied adequately protects the listed threatened species or listed threatened ecological community the order was first made to protect.
(5) Immediately after a variation of the order, the order continues in force as so varied.
467 Publication of conservation orders
(1) As soon as practicable after making or reviewing a conservation order, the Minister must cause the Secretary to be informed of the making of the order, or the decision on the review, as the case requires.
(2) The Secretary must, as soon as practicable after being so informed:
(a) cause to be published in the Gazette, in a daily newspaper circulating in each State or self‑governing Territory in which are located Commonwealth areas to which the order relates and in any other way required by the regulations, a notice containing:
(i) a copy of the order; and
(ii) a statement to the effect that contravention of the order is an offence against this Act; and
(iii) if applicable, a statement of the decision on the review; and
(iv) a statement to the effect that a person affected by the order may apply to the Minister, within 28 days of the publication (or within such further period as the Minister allows), for a reconsideration of the order by the Minister; and
(b) take all reasonable steps to ensure that each person who the Secretary knows would be affected by the order is given a notice containing:
(i) a copy of the order; and
(ii) if applicable, a statement of the decision on the review; and
(iii) unless the person is a Commonwealth agency or an agency of a State or self‑governing Territory—a statement to the effect that contravention of the order is an offence against this Act; and
(iv) a statement to the effect that the person may apply to the Minister, within 28 days of being given the notice (or within such further period as the Minister allows), for a reconsideration of the order by the Minister.
(3) Failure to comply with this section does not affect the validity of the order.
468 Application for reconsideration of conservation orders or decisions on review
(1) A person affected by a conservation order, or by the decision on a review of a conservation order, may apply to the Minister to reconsider the order or the decision, as the case requires.
(2) The application must be in writing.
(3) Subject to subsection (4), the application must be made within 28 days, or within such further period as the Minister allows, after the publication under paragraph 467(2)(a) of the notice relating to the making of the order or conduct of the review.
(4) If the person is given a copy of the order after that publication, the period of 28 days within which that person must make the application is taken to commence on the day on which the person received the notice.
469 Reconsideration of conservation orders and decisions on review
(1) Upon receiving the application, the Minister must:
(a) seek the Secretary’s advice on the application; and
(b) reconsider the conservation order or the decision on review, as the case requires; and
(c) by written instrument:
(i) confirm, vary or revoke the order; or
(ii) confirm or vary the decision on review; and
(d) cause the Secretary to be informed accordingly.
(2) As soon as practicable after being so informed, the Secretary must:
(a) notify the applicant in writing of the result of the reconsideration; and
(b) if the order is revoked or varied or the decision on review is varied—cause to be published in the Gazette, and in any other way required by the regulations, a notice:
(i) stating that fact; and
(ii) in the case of a variation—setting out a copy of the order or decision as so varied.
(3) Immediately after a variation of the order, the order continues in effect as so varied.
Subdivision C—Complying with conservation orders
470 Contravening conservation orders is an offence
(1) A person must not take an action reckless as to whether the action contravenes a conservation order.
Penalty: 500 penalty units.
(2) If a person believes that taking an action that he or she proposes to take may contravene a particular conservation order, the person may seek the Minister’s advice under subsection 471(3) on whether the order would be contravened by taking that action.
(3) The person does not contravene the order if he or she acts in accordance with advice given to him or her under subsection 471(3) to the effect that the order would not be contravened.
471 Minister to consider proposed actions etc.
(1) This section applies to a proposed action if it is referred to the Minister under section 470 for the Minister’s advice on whether it would contravene a conservation order.
(2) A person who proposes to take the action may make written submissions to the Minister about the proposed action.
(3) The Minister must:
(a) refer the proposed action, together with any submissions received by the Minister about the proposed action, to the Secretary; and
(b) after considering the Secretary’s advice on the matter, give the person who sought the Minister’s advice under section 470 a written notice of the minister’s advice on the proposed action.
472 Contents of notices of advice
(1) The notice of advice must state whether the Minister thinks that the proposed action would contravene a conservation order.
(2) If the decision to give the advice was not made personally by the Minister and the notice of advice is given to a person who is not a Commonwealth agency, the notice must include:
(a) a statement to the effect that, if the person is dissatisfied with the decision to give that advice, application may, subject to the Administrative Review Tribunal Act 2024, be made to the Administrative Review Tribunal for review of the decision; and
(b) a statement to the effect that the person may request a statement under that Act in relation to the decision.
473 Review by the Administrative Review Tribunal
(1) Subject to subsections (1A) and (2), applications may be made to the Administrative Review Tribunal for review of the decision to give the advice.
(1A) 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).
(2) Despite sections 17 and 35 of the Administrative Review Tribunal Act 2024, applications are not to be made by or on behalf of Commonwealth agencies.
474 Assistance in complying with conservation orders
(1) On behalf of the Commonwealth, the Secretary may provide assistance to a person (other than a Commonwealth agency) to comply with prohibitions, restrictions or requirements imposed on a person by a conservation order.
(2) The assistance may take any one or more of the following forms:
(a) payment of money;
(b) provision of goods;
(c) provision of labour;
(d) provision of other services.
(3) The value of the assistance must not exceed that which the Secretary thinks are the reasonable and direct costs of complying with the prohibitions, restrictions or requirements in question.
(4) Assistance given under this section must be taken into account in determining compensation payable under section 519.
Division 14—Injunctions
475 Injunctions for contravention of the Act
Applications for injunctions
(1) If a person has engaged, engages or proposes to engage in conduct consisting of an act or omission that constitutes an offence or other contravention of this Act or the regulations:
(a) the Minister; or
(b) an interested person (other than an unincorporated organisation); or
(c) a person acting on behalf of an unincorporated organisation that is an interested person;
may apply to the Federal Court for an injunction.
Prohibitory injunctions
(2) If a person has engaged, is engaging or is proposing to engage in conduct constituting an offence or other contravention of this Act or the regulations, the Court may grant an injunction restraining the person from engaging in the conduct.
Additional orders with prohibitory injunctions
(3) If the court grants an injunction restraining a person from engaging in conduct and in the Court’s opinion it is desirable to do so, the Court may make an order requiring the person to do something (including repair or mitigate damage to the environment).
Mandatory injunctions
(4) If a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail to do an act, and the refusal or failure did, does or would constitute an offence or other contravention of this Act or the regulations, the Court may grant an injunction requiring the person to do the act.
Interim injunctions
(5) Before deciding an application for an injunction under this section, the Court may grant an interim injunction:
(a) restraining a person from engaging in conduct; or
(b) requiring a person to do an act.
Meaning of interested person—individuals
(6) For the purposes of an application for an injunction relating to conduct or proposed conduct, an individual is an interested person if the individual is an Australian citizen or ordinarily resident in Australia or an external Territory, and:
(a) the individual’s interests have been, are or would be affected by the conduct or proposed conduct; or
(b) the individual engaged in a series of activities for protection or conservation of, or research into, the environment at any time in the 2 years immediately before:
(i) the conduct; or
(ii) in the case of proposed conduct—making the application for the injunction.
Meaning of interested person—organisations
(7) For the purposes of an application for an injunction relating to conduct or proposed conduct, an organisation (whether incorporated or not) is an interested person if it is incorporated (or was otherwise established) in Australia or an external Territory and one or more of the following conditions are met:
(a) the organisation’s interests have been, are or would be affected by the conduct or proposed conduct;
(b) if the application relates to conduct—at any time during the 2 years immediately before the conduct:
(i) the organisation’s objects or purposes included the protection or conservation of, or research into, the environment; and
(ii) the organisation engaged in a series of activities related to the protection or conservation of, or research into, the environment;
(c) if the application relates to proposed conduct—at any time during the 2 years immediately before the making of the application:
(i) the organisation’s objects or purposes included the protection or conservation of, or research into, the environment; and
(ii) the organisation engaged in a series of activities related to the protection or conservation of, or research into, the environment.
476 Injunctions for contraventions of conservation agreements