(2) The Director may perform any of the Director’s functions in co‑operation with a State, a self‑governing Territory, an agency of a State or self‑governing Territory or a Commonwealth agency.
514C Powers
(1) The Director has power to do all things necessary or convenient to be done for or in connection with the performance of the Director’s functions.
(2) The Director’s powers include, but are not limited to, the following powers:
(a) to enter into contracts; and
(b) to erect buildings and structures and carry on works; and
(c) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Director; and
(d) to acquire, hold and dispose of real or personal property; and
(e) despite section 514D, obtain goods or services on credit from any person by the use of a credit card; and
(f) to accept gifts, devises and bequests made to the Director whether on trust or otherwise, and to act as trustee of moneys or other property vested in the Director upon trust.
Note: Section 514D sets out limits on the Director’s powers.
514D Requirements relating to functions and powers
Ministerial directions
(1) The Director must perform the Director’s functions and exercise the Director’s powers in accordance with any directions given by the Minister, unless this Act provides otherwise.
Consultation
(2) The Director must consult and have regard to the views of the following persons in relation to the performance of the Director’s functions and the exercise of the Director’s powers in relation to a Commonwealth reserve or conservation zone:
(a) if the reserve or zone is wholly or partly in a State or self‑governing Territory—the agency (if any) of the State or Territory responsible for managing national parks established under the law of the State or Territory;
(b) if the reserve or zone is wholly or partly in an area for which an Aboriginal Land Council has been established under the Aboriginal Land Rights (Northern Territory) Act 1976—the Chairperson of the Council;
(c) if the reserve is Booderee National Park—the Chairperson of the Wreck Bay Aboriginal Community Council.
Trust property
(4) The Director must deal with any money or property vested in the Director on trust in accordance with the powers and duties of the Director as trustee, despite the other provisions of this Act.
Limits on contracts and leases
(5) The Director must not:
(a) enter into a contract involving the payment or receipt of an amount more than:
(ii) if the regulations prescribe a greater amount—that greater amount; or
(b) take land (except indigenous people’s land) on lease for more than 10 years;
without the Minister’s approval.
No borrowing
(6) The Director must not borrow money in the performance of the Director’s functions.
Subdivision B—Constitution of Director of National Parks
514E Constitution
(1) The Director:
(a) is a body corporate with perpetual succession; and
(b) must have a seal; and
(c) may sue and be sued in its corporate name.
(2) All courts, judges and persons acting judicially must:
(a) take judicial notice of the imprint of the seal of the Director appearing on a document; and
(b) presume that the document was duly sealed.
514F Appointment
(1) A person is to be appointed as the Director by the Governor‑General by written instrument.
(2) Before the Governor‑General appoints a person as the Director, the Minister must be satisfied that the person has qualifications and experience in connection with national parks or the conservation and management of biodiversity that make the person suitable for the appointment.
(3) The appointment is on a full‑time basis. However, a person appointed as the Director may also hold an office or be employed in the Australian Public Service on a part‑time basis, subject to this Division.
514G Acting appointments
(1) The Minister may appoint a person to act as the Director:
(a) during a vacancy in the office of Director; or
(b) during any period, or during all periods, when the person appointed as the Director is absent from duty or from Australia, or is, for any reason, temporarily unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
(2) A person acting as the Director is taken to constitute the corporation mentioned in section 514A while the person is acting.
Subdivision C—Terms and conditions of appointment
514H Term of office
The person appointed as the Director holds office for the period specified in the instrument of appointment. The period must not exceed 7 years.
514J Remuneration
(1) The person appointed as the Director is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the person is to be paid the remuneration that is prescribed.
(2) The person is to be paid the allowances that are prescribed by the regulations.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
514K Outside employment
The person appointed as the Director must not engage in paid employment outside the duties of the Director’s office without the Minister’s approval.
514M Leave of absence
(1) The person appointed as the Director has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant the person appointed as the Director leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
514N Resignation
The person appointed as the Director may resign his or her appointment by giving the Governor‑General a written resignation.
514P Termination
(1) The Governor‑General may terminate the appointment of a person as the Director for misbehaviour or physical or mental incapacity.
(2) The Governor‑General may terminate the appointment of a person as the Director if:
(a) the person:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the person is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the person engages, except with the Minister’s approval, in paid employment outside the duties of the office of Director.
Note: The appointment of a person as the Director may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).
514Q Other terms and conditions
The person appointed as the Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.
Subdivision D—Australian National Parks Fund
514R Australian National Parks Fund
The fund established by section 45 of the National Parks and Wildlife Conservation Act 1975 continues in existence as the Australian National Parks Fund, vested in the Director.
514S Payments to Australian National Parks Fund
The following amounts are to be paid into the Australian National Parks Fund:
(a) any money appropriated by the Parliament for the purposes of the Department and allocated by the Secretary for the management of Commonwealth reserves or conservation zones;
(b) the proceeds of the sale of any property acquired out of money standing to the credit of the Fund;
(c) any amounts paid to the Director in respect of leases, licences, permits and other authorities granted by the Director in relation to Commonwealth reserves or conservation zones;
(d) any other amount paid by a person to the Director if:
(i) payment of the amount into the Fund would be consistent with the purposes for which the amount was paid; and
(ii) the Minister administering the Public Governance, Performance and Accountability Act 2013 considers it appropriate that the amount should be paid into the Fund;
(e) any charges paid under section 356A or section 390F;
(f) any other money received by the Director in the performance of his or her functions.
514T Application of money
(1) The money of the Australian National Parks Fund may be applied only:
(a) in payment or discharge of the costs, expenses and other obligations incurred by the Director in the performance of the Director’s functions; and
(b) in payment of any remuneration, allowances and compensation payable under this Division or Division 4 of Part 15.
(2) Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Fund.
Subdivision E—Accountability
514U Application of Public Governance, Performance and Accountability Act 2013
(1) Sections 514A and 514E provide that the Director is a corporation. The Public Governance, Performance and Accountability Act 2013 applies (subject to subsection (2) of this section) in relation to the corporation as if the person holding, or performing the duties of, the office of Director were an accountable authority of the corporation for the purposes of that Act.
(2) To avoid doubt, the Public Governance, Performance and Accountability Act 2013 applies to the Australian National Parks Fund as though the Fund were money held by the Director.
514V Extra matters to be included in annual report
The annual report prepared by the Director under and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must also include particulars of any directions given by the Minister under subsection 514D(1) of this Act during the period.
Subdivision F—Miscellaneous
514W Exemption from taxation
The income of the Australian National Parks Fund and the property and transactions of the Director are not subject to taxation under a law of the Commonwealth or of a State or Territory.
514X Changes in office of Director
An authority given, or a delegation or appointment made, by a person for the time being holding or acting in the office of Director continues in force despite the person ceasing to hold or act in that office, but may be revoked by a person later holding or acting in that office.
Part 19A—Reconsideration of fees
514Y Applications for reconsideration of fee
(1) This section applies if a fee is worked out by a person to whom a function or power is delegated under section 515.
(2) If:
(a) a method prescribed by the regulations under subsection 520(4C) has been used to work out a fee; and
(b) the person required to pay the fee is dissatisfied with the way the method was used to work out the fee;
the person may apply to the Secretary for the Secretary to reconsider the way the method was used to work out the fee.
(3) The application must:
(a) be in a form prescribed by the regulations; and
(b) set out the reasons for the application.
(4) The application must be made within 30 business days after the applicant is informed of the fee.
(5) A person may apply only once in relation to a fee.
514YA Reconsideration of fee
(1) Upon receiving an application for reconsideration of a fee, the Secretary must:
(a) reconsider the way the method was used to work out the fee; and
(b) either:
(i) confirm the fee; or
(ii) work out a new fee by using the method again.
(2) The person who undertakes the reconsideration must be:
(a) the Secretary; or
(b) an employee in the Department who:
(i) was not involved in working out the fee; and
(ii) occupies a position that is senior to that occupied by any person involved in working out the fee.
(3) The Secretary must give to the applicant a written notice that:
(a) states the outcome of the reconsideration; and
(b) gives reasons for that outcome.
514YB Deadline for reconsideration
The Secretary must undertake a reconsideration of a fee within 30 business days after receiving an application for reconsideration.
Part 19B—National environmental standards
514YC Simplified outline of this Part
National environmental standards are legislative instruments made by the Minister.
Before making a national environmental standard, the Minister must be satisfied that it promotes the objects of this Act and is not inconsistent with relevant international agreements.
A national environmental standard must specify outcomes or objectives. It may also specify parameters, principles, processes or actions for achieving the outcomes or objectives.
When varying or revoking a national environmental standard, the Minister must comply with the no regression principle.
National environmental standards must be applied in making certain decisions under this Act. Those decisions are indicated either by the provision of this Act under which a decision is made or by the regulations. The regulations will prescribe which standards must be applied in making such decisions.
For other decisions, where national environmental standards do not need to be applied, a decision maker can still choose to apply them.
514YD Making national environmental standards
(1) The Minister may, by legislative instrument, make national environmental standards for the purposes of this Act.
(2) Before making a national environmental standard, the Minister must be satisfied that:
(a) the standard would promote the objects of this Act; and
(b) the standard would not be inconsistent with Australia’s obligations under the international agreements specified in subsection 520(3).
(3) The Minister may have regard to any other matter the Minister considers relevant when deciding whether to make a national environmental standard.
(4) A national environmental standard:
(a) must prescribe one or more outcomes or objectives; and
(b) may prescribe any of the following:
(i) parameters within, or principles by which, an outcome or objective is to be achieved;
(ii) processes or actions to be followed or taken in achieving an outcome or objective.
(5) A national environmental standard, or an instrument varying or revoking a national environmental standard, may also prescribe:
(a) any matters required or permitted by this Act to be dealt with by national environmental standards; or
(b) other matters (including matters of an application, saving or transitional nature) incidental to matters prescribed as mentioned in subsection (4) or prescribed as mentioned in paragraph (a) of this subsection.
(6) In prescribing matters of an application, saving or transitional nature, a national environmental standard, or an instrument varying or revoking a national environmental standard, may provide that the standard, variation or revocation applies in relation to a decision made on or after the day the standard, variation or revocation commences, regardless of whether the decision relates to an application, referral or other matter made before that day.
514YE Incorporation by reference
(1) Despite subsection 14(2) of the Legislation Act 2003, a national environmental standard may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time.
(2) The Minister must arrange for a copy of any matter applied, adopted or incorporated to be published on the Department’s website, as soon as practicable after it is applied, adopted or incorporated.
(3) Subsection (2) does not apply in relation to matter that is, or is included in, an Act, a legislative instrument or a notifiable instrument.
514YF Varying and revoking national environmental standard
(1) The Minister may, by legislative instrument, vary or revoke a national environmental standard.
(2) Before varying or revoking a national environmental standard, the Minister must be satisfied that:
(a) the standard as varied, or the revocation, promotes the objects of this Act; and
(b) the standard as varied, or the revocation, is not inconsistent with Australia’s obligations under the international agreements specified in subsection 520(3).
(3) The Minister may have regard to any other matter the Minister considers relevant in deciding whether to vary or revoke a national environmental standard.
514YG No regression principle
(1) Before varying or revoking a national environmental standard, the Minister must be satisfied that the variation or revocation:
(a) does not reduce protections of the environment; and
(b) does not reduce the likelihood that environmental data or information provided to the Minister, Secretary, Department or a Commonwealth agency under this Act or the regulations is appropriate, including as to quality, for the purposes for which it is provided; and
(c) does not reduce the likelihood that appropriate consultation or engagement (including with Indigenous persons) will occur under the Act;
(d) does not reduce the likelihood that outcomes or objectives specified in the standard will be achieved;
(e) meets the prescribed requirements (if any).
(2) In deciding whether the Minister is satisfied for the purposes of subsection (1), the Minister is not required to have regard to the content of any instrument or other writing applied, adopted or incorporated for the purposes of making provision in the national environmental standard in relation to a matter.
(3) In deciding whether the Minister is satisfied for the purposes of subsection (1), the Minister may take into account protections or requirements under any of the following: