(f) an agreement between the Commonwealth and one or more other countries relating to whales;
(g) the World Heritage Convention;
(h) the Ramsar Convention;
(i) the Biodiversity Convention;
(j) CITES;
(k) the Framework Convention on Climate Change done at New York on 9 May 1992.
(4) Regulations made in relation to an agreement that has not entered into force for Australia are not to come into operation on a day earlier than the day on which the agreement enters into force for Australia.
(4A) The regulations may prescribe fees that are payable for services the Minister or Secretary provides in performing functions, or exercising powers, under this Act or the regulations.
(4B) A fee prescribed by the regulations is payable to the Commonwealth.
(4C) Regulations prescribing fees may also:
(a) prescribe fees in respect of:
(i) a particular class of decision; or
(ii) a particular class of action; or
(iii) a particular class of person; and
(b) prescribe 2 or more fees for the same matter; and
(c) prescribe a method for working out a fee; and
(d) prescribe a method for working out the refund of part of a fee; and
(e) deal with other matters, including the following:
(i) specifying the way in which, and times at which, a fee is to be paid;
(ii) specifying the fees that must be paid, and by whom, in the event of a transfer under section 145B or a change of person proposing to take an action under section 156F;
(iii) the consequences of failure to pay a specified fee;
(iv) the circumstances in which the Minister may waive a fee;
(v) the circumstances in which a person is exempt from paying a specified fee;
(vi) the circumstances in which a fee may be refunded, in whole or in part.
(5) Subsections (3), (4A) and (4C) do not limit subsection (1).
(6) The regulations may prohibit or regulate the export from an external Territory to Australia or another external Territory of:
(a) CITES specimens; and
(b) regulated native specimens.
(7) The regulations may prohibit or regulate the import into an external Territory from Australia or another external Territory of:
(a) CITES specimens; and
(b) regulated live specimens.
(8) The regulations may prohibit or regulate the possession in an external Territory of:
(a) specimens that have been imported into that Territory in contravention of regulations made for the purposes of subsection (7); or
(b) the progeny of such specimens.
520A Statements about the application of the Act
(1) The Minister may issue, in writing, statements about the way in which the Minister considers that provisions of the Act or the regulations apply or would apply to:
(a) persons generally or a class of persons; or
(b) persons generally or a class of persons in relation to particular circumstances.
(2) A statement made under subsection (1) is not a legislative instrument.
521 Fees and charges must not be taxes
A fee or charge provided for by or under this Act, and whether prescribed by the regulations or not, must be reasonably related to the expenses incurred or to be incurred by the Commonwealth in relation to the matters to which the fee or charge relates and must not be such as to amount to taxation.
521A Time does not run if all or part of fee remains unpaid
(1) If:
(a) one or more fees are payable in respect of a service the Minister or Secretary provides in performing functions, or exercising powers, under this Act or the regulations; and
(b) a provision of this Act or the regulations:
(i) requires or allows the Minister or Secretary to do a thing relating to the service; or
(ii) requires or allows the Minister or Secretary to do a thing relating to the service within a particular period; and
(c) all of part of a fee relating to the service remains unpaid;
then:
(d) if subparagraph (b)(i) applies—the Minister or Secretary need not do the thing until all of the required fee is paid; and
(e) if subparagraph (b)(ii) applies and the period has not begun—the period does not begin until all of the required fee is paid; and
(f) if subparagraph (b)(ii) applies and the period has begun—the period stops until all of the required fee is paid and, when paid, begins again for the balance of the period.
(2) For the purposes of paragraphs (1)(e) and (f), the day that all of the required fee is paid is not to be counted in the relevant period.
522 Financial assistance etc. to be paid out of appropriated money
Payment of amounts of financial assistance under this Act, and of any amounts that the Commonwealth is required to pay to a person under this Act or an agreement made under this Act, are to be made out of money appropriated by the Parliament for the purpose.
522A Review of operation of Act
(1) The Minister must cause independent reviews to be undertaken by a person or body of:
(a) the operation of this Act; and
(b) the extent to which the objects of this Act have been achieved.
(2) The first review must be undertaken within 10 years of the commencement of this Act. Later reviews must be undertaken at intervals of not more than 10 years.
(3) The person or body undertaking a review must give a report of the review to the Minister.
(4) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives it.
Chapter 8—Definitions
Part 23—Definitions
Division 1—Some definitions relating to particular topics
Subdivision A—Actions
523 Actions
(1) Subject to this Subdivision, action includes:
(a) a project; and
(b) a development; and
(c) an undertaking; and
(d) an activity or series of activities; and
(e) an alteration of any of the things mentioned in paragraph (a), (b), (c) or (d).
524 Things that are not actions
(1) This section applies to a decision by each of the following kinds of person (government body):
(a) the Commonwealth;
(b) a Commonwealth agency;
(c) a State;
(d) a self‑governing Territory;
(e) an agency of a State or self‑governing Territory;
(f) an authority established by a law applying in a Territory that is not a self‑governing Territory.
(2) A decision by a government body to grant a governmental authorisation (however described) for another person to take an action is not an action.
(3) To avoid doubt, a decision by the Commonwealth or a Commonwealth agency to grant a governmental authorisation under one of the following Acts is not an action:
(a) the Customs Act 1901;
(b) the Export Control Act 2020;
(c) the Export Finance and Insurance Corporation Act 1991;
(d) the Fisheries Management Act 1991;
(e) the Foreign Acquisitions and Takeovers Act 1975;
(f) the Offshore Petroleum and Greenhouse Gas Storage Act 2006;
(g) the Biosecurity Act 2015;
(h) the Competition and Consumer Act 2010;
(i) the Offshore Electricity Infrastructure Act 2021.
This subsection does not limit this section.
524A Provision of grant funding is not an action
Provision of funding by way of a grant by one of the following is not an action:
(a) the Commonwealth;
(b) a Commonwealth agency;
(c) a State;
(d) a self‑governing Territory;
(e) an agency of a State or self‑governing Territory;
(f) an authority established by a law applying in a Territory that is not a self‑governing Territory.
Subdivision B—Areas
525 Commonwealth areas
What is a Commonwealth area?
(1) Each of the following, and any part of it, is a Commonwealth area:
(a) land owned by the Commonwealth or a Commonwealth agency and airspace over the land;
(b) an area of land held under lease by the Commonwealth or a Commonwealth agency and airspace over the land;
(c) land in:
(i) an external Territory; or
(ii) the Jervis Bay Territory;
and airspace over the land;
(d) the coastal sea of Australia or an external Territory;
(e) the continental shelf, and the waters and airspace over the continental shelf;
(f) the waters of the exclusive economic zone, the seabed under those waters and the airspace above those waters;
(g) any other area of land, sea or seabed that is included in a Commonwealth reserve.
Territory Land in ACT is not a Commonwealth area
(2) Despite paragraph (1)(a), an area of land that is Territory Land, within the meaning of the Australian Capital Territory (Planning and Land Management) Act 1988 is not a Commonwealth area merely because of that paragraph, unless it is held under lease by the Commonwealth or a Commonwealth agency.
Freehold land in Christmas Island Territory is not a Commonwealth area
(2A) Despite subparagraph (1)(c)(i), an area of land in the Territory of Christmas Island is not a Commonwealth area merely because of that subparagraph if a person holds a freehold interest in the land.
Coastal waters of States and NT are not Commonwealth areas
(3) Despite paragraphs (1)(d), (e) and (f), none of the following areas (or parts of them) are Commonwealth areas:
(a) the seabed vested in a State under section 4 of the Coastal Waters (State Title) Act 1980; and
(b) the seabed vested in the Northern Territory under section 4 of the Coastal Waters (Northern Territory Title) Act 1980; and
(c) the subsoil under the seabed described in paragraph (a) or (b); and
(d) any water and airspace over seabed described in paragraph (a) or (b).
Subdivision C—Entities
526 Subsidiaries of bodies corporate
The question whether a body corporate is a subsidiary of a body or company is to be determined in the same way as the question whether a body corporate is a subsidiary of another body corporate is determined for the purposes of the Corporations Act 2001.
Subdivision D—Criminal law
527 Convictions
A reference in this Act to a conviction of a person of an offence includes a reference to making an order under section 19B of the Crimes Act 1914 in relation to the person in respect of the offence.
Subdivision E—Specimens
527A Specimens
(1) For the purposes of this Act, a specimen is:
(a) an animal; or
(b) animal reproductive material; or
(c) the skin, feathers, horns, shell or any other part of an animal; or
(d) any article wholly produced by or from, or otherwise wholly derived from, a single animal; or
(e) a plant; or
(f) plant reproductive material; or
(g) any part of a plant; or
(h) any article wholly produced by or from, or otherwise wholly derived from, a single plant.
(2) However, a fossil, or a mineralised deposit, is not a specimen for the purposes of this Act.
(3) In any provision of this Act, references to a specimen are to be read as including references to an article that consists of, or is derived from:
(a) a specimen and material other than a specimen; or
(b) 2 or more specimens; or
(c) 2 or more specimens and material other than a specimen.
(4) If an article consists of, or is derived from, 2 or more specimens, either with or without any material other than a specimen, then this Act applies to and in relation to that article separately in so far as it consists of, or is derived from, each of those specimens.
(5) For the purposes of this Act:
(a) if a live animal (other than animal reproductive material) that was bred in captivity dies, the dead animal and specimens derived from the dead animal are taken to be specimens derived from that live animal; and
(b) if a live plant (other than plant reproductive material) that was artificially propagated dies, the dead plant and specimens derived from the dead plant are taken to be specimens derived from that live plant; and
(c) a specimen covered by paragraph (1)(b), (c) or (d) is taken to be derived from the animal concerned; and
(d) a specimen covered by paragraph (1)(f), (g) or (h) is taken to be derived from the plant concerned; and
(e) if a specimen is derived from an animal that belongs to a particular species or taxon, the specimen is taken to belong to that species or taxon; and
(f) if a specimen is derived from a plant that belongs to a particular species or taxon, the specimen is taken to belong to that species or taxon.
(6) In this section:
this Act does not include sections 356 and 390E.
527B Breeding in captivity
For the purposes of this Act, a live animal of a particular kind is taken to have been bred in captivity if, and only if, it was bred in circumstances declared by the regulations to be circumstances the breeding in which of:
(a) any live animal; or
(b) any live animal of that kind; or
(c) any live animal included in a class of live animals that includes live animals of that kind;
would constitute breeding in captivity.
527C Artificial propagation
For the purposes of this Act, a live plant of a particular kind is taken to have been artificially propagated if, and only if, it was propagated in circumstances declared by the regulations to be circumstances the propagation in which of:
(a) any live plant; or
(b) any live plant of that kind; or
(c) any live plant included in a class of live plants that includes live plants of that kind;
would constitute artificial propagation.
527D Things represented to be CITES specimens
(1) For the purposes of this Act, if a thing is represented by an accompanying document, the package or a mark or label, or from any other circumstances, to be:
(a) the skin, feathers, horns, shell or any other part of a CITES listed animal; or
(b) part of a CITES listed plant; or
(c) reproductive material from a CITES listed animal or a CITES listed plant; or
(d) an article produced by or from, or derived from, one or more CITES listed animals or one or more CITES listed plants, whether with or without any other material;
then the thing is taken to be a CITES specimen.
Note: This subsection has the effect (among other things) of widening the scope of sections 303CC, 303CD and 303GN, which are offence provisions relating to the export, import and possession of specimens.
(2) The Minister must not issue a permit under section 303CG authorising the export or import of a thing that is taken under subsection (1) to be a CITES specimen unless the thing is a CITES specimen apart from subsection (1).
(3) In this section:
CITES listed animal means an animal of a species included in Appendix I, II or III to CITES.
CITES listed plant means a plant of a species included in Appendix I, II or III to CITES.
export has the same meaning as in Part 13A.
import has the same meaning as in Part 13A.
Subdivision F—Impacts
527E Meaning of impact
(1) For the purposes of this Act, an event or circumstance is an impact of an action taken by a person if:
(a) the event or circumstance is a direct consequence of the action; or
(b) for an event or circumstance that is an indirect consequence of the action—subject to subsection (2), the action is a substantial cause of that event or circumstance.
(2) For the purposes of paragraph (1)(b), if:
(a) a person (the primary person) takes an action (the primary action); and
(b) as a consequence of the primary action, another person (the secondary person) takes another action (the secondary action); and
(c) the secondary action is not taken at the direction or request of the primary person; and
(d) an event or circumstance is a consequence of the secondary action;
then that event or circumstance is an impact of the primary action only if:
(e) the primary action facilitates, to a major extent, the secondary action; and
(f) the secondary action is:
(i) within the contemplation of the primary person; or
(ii) a reasonably foreseeable consequence of the primary action; and
(g) the event or circumstance is:
(i) within the contemplation of the primary person; or
(ii) a reasonably foreseeable consequence of the secondary action.
Division 2—General list of definitions
528 Definitions
In this Act, unless the contrary intention appears:
accredited authorisation process has the meaning given by subsection 33(2A).
accredited management arrangement has the meaning given by subsection 33(2).
acquisition of property has the meaning given by subsection 519(2).
action has the meaning given by Subdivision A of Division 1 of Part 23.
action management plan, in relation to an action, means a plan for managing the impacts of the action on a matter protected by a provision of Part 3, such as a plan for conserving habitat of a species.
advisory body has the meaning given by section 510A.
agency of a State or self‑governing Territory means:
(a) a Minister of the State or Territory; or
(b) a body corporate established for a public purpose by a law of the State or Territory; or
(c) a body corporate established by:
(i) the Governor of the State; or
(ii) if the Territory is the Australian Capital Territory—the Governor‑General acting in relation to the Australian Capital Territory; or
(iii) if the Territory is the Northern Territory—the Administrator of the Territory; or
(iv) a Minister of the State or Territory;
otherwise than by or under a law of the State or Territory; or
(d) a company in which the whole of the shares or stock, or shares or stock carrying more than one‑half of the voting power, is or are owned by or on behalf of the State or Territory; or
(e) a body corporate that is a subsidiary of:
(i) a body or company referred to in paragraph (b), (c) or (d); or
(ii) a body corporate that, because of a previous application or previous applications of this paragraph, is taken to be an agency of the State or Territory for the purposes of this definition; or
(f) a person holding, or performing the duties of:
(i) an office established by or under a law of the State or Territory (except a judicial office or an office of member of a tribunal); or
(ii) an appointment made under a law of the State or Territory (except appointment to a judicial office or an office of member of a tribunal); or
(g) a person holding, or performing the duties of, an appointment made by: