80Paragraph 76A(1)(a)

80  Paragraph 76A(1)(a) Omit “Australian National Parks and Wildlife Service”, substitute “Department that deals with Chapter 5 of the Environment Protection and Biodiversity Conservation Act 1999 and is administered by the Minister administering that Chapter”. Schedule 5—Whale Protection Act 1980: repeal etc. Whale Protection Act 1980 Whale Act means the Whale Protection Act 1980. 3  Continued operation of permits (1) Despite the repeal of the Whale Act:  (a) a permit that was issued under that Act and was in force immediately before the repeal of that Act continues in force for the period for which it would have been in force if that Act had not been repealed; and  (b) that Act, and instruments (including regulations and authorities) made under that Act, as in force immediately before the repeal of that Act, continue to operate in relation to the permit and the action covered by the permit as if references in that Act to the Minister were references to the Minister administering Division 3 of Part 13 of the new Act. (2) However, paragraph (1)(b) does not allow the transfer of the permit. 4  Continued appointment of inspectors (1) An instrument appointing a person as an inspector that was in force under section 21 of the Whale Act immediately before the commencement of the new Act continues in force for the purposes of the new Act as if it had been made under section 396 of the new Act (so the person is appointed as an inspector under section 396 of the new Act). (2) This item does not prevent the revocation of an instrument of appointment. (3) An identity card issued under section 23 of the Whale Act to a person who is appointed as an inspector for the purposes of the new Act because of this item continues in force for the purposes of the new Act as if it had been issued to the person under section 399 of the new Act. Antarctic Marine Living Resources Conservation Act 1981 5  Section 12 Add at the end:  ; or (e) the holder of the permit has been found by a court to have contravened a civil penalty provision (as defined in the Environment Protection and Biodiversity Conservation Act 1999) in:  (i) Division 1 of Part 3 of that Act; or  (ii) Subdivision A of Division 2 of Part 3 of that Act; or  (iii) Division 2 of Part 9 of that Act; or  (f) the holder of the permit has been convicted of an offence against one or more of the following provisions of the Environment Protection and Biodiversity Conservation Act 1999:  (i) Division 1 of Part 3;  (ii) Subdivision A of Division 2 of Part 3;  (iii) Division 2 of Part 9;  (iv) Part 13. 6  Refund of fees relating to permits Application of this item (1) This item applies if, before the commencement of the Environment Protection and Biodiversity Conservation Act 1999:  (a) a person had paid the fee required by section 19 of the Whale Protection Act 1980 for an application for the grant or transfer of a permit under the Whale Protection Act 1980; and  (b) the Minister administering that Act had not decided whether to grant, or to refuse to grant, the permit or transfer. Applicant entitled to refund (2) The Commonwealth must pay the person an amount equal to the fee. This item is not an appropriation (3) To avoid doubt, this item does not appropriate money. Schedule 6—World Heritage Properties Conservation Act 1983: repeal etc. World Heritage Properties Conservation Act 1983 World Heritage Act means the World Heritage Properties Conservation Act 1983. 3  Continued application of the World Heritage Act and related instruments General rule (1) The World Heritage Act, and all instruments (including regulations, Proclamations and consents) made under it and in force immediately before its repeal, continue to apply in relation to properties and sites that were declared by the Proclamations to be properties and sites to which sections of the Act apply, as if:  (a) the Act had not been repealed; and  (b) the Act were administered by the Minister administering Subdivision A of Division 1 of Part 3 of the new Act. Note: Part 3 of the new Act does not apply to acts covered by the consents. See Schedule 1 to this Act. Continued Proclamations and consents may be revoked (2) Subitem (1) does not prevent:  (a) the revocation of a Proclamation mentioned in that subitem; or  (b) the variation or revocation of a consent mentioned in that subitem. Note: The power under the World Heritage Act to give a consent described in subitem (1) included a power to revoke or vary the consent, because of subsection 33(3) of the Acts Interpretation Act 1901. Limit on making new Proclamations and regulations (3) Subitem (1) does not allow:  (a) a Proclamation to be made under section 6, 7 or 8 of the World Heritage Act as it continues to apply because of that subitem; or  (b) regulations to be made for the purposes of section 9, 10 or 11 of the World Heritage Act as it continues to apply because of that subitem. New consents can be given (4) To avoid doubt, this Schedule does not prevent the giving of a consent under section 9, 10 or 11 of the World Heritage Act as it continues to apply because of subitem (1). 4  Continued appointment of inspectors (1) An instrument appointing a person as an inspector that was in force under subsection 17A(1) of the World Heritage Act immediately before the commencement of the new Act continues in force for the purposes of the new Act as if it had also been made under section 396 of the new Act (so the person is appointed as an inspector under that section). (2) This item does not prevent the revocation of an instrument of appointment. (3) An identity card issued under subsection 17A(7) of the World Heritage Act to a person who is appointed as an inspector for the purposes of the new Act because of this item continues in force as if it had been issued to the person under section 399 of the new Act. 5  Subparagraph 27(7)(c)(i) of Schedule 3  (i) a declared World Heritage property (as defined in the Environment Protection and Biodiversity Conservation Act 1999); 6  Application The amendment of clause 27 of Schedule 3 to the Telecommunications Act 1997 made by this Schedule applies in relation to applications for facility installation permits made after the commencement of the Environment Protection and Biodiversity Conservation Act 1999. 7  Subparagraph 55(2)(b)(i) of Schedule 3  (i) a declared World Heritage property (as defined in the Environment Protection and Biodiversity Conservation Act 1999); 8  Application The amendment of clause 55 of Schedule 3 to the Telecommunications Act 1997 made by this Schedule applies in relation to installation that a carrier proposes to commence after the commencement of the Environment Protection and Biodiversity Conservation Act 1999. Wet Tropics of Queensland World Heritage Area Conservation Act 1994 9  Section 9 9  This Act does not affect the Environment Protection and Biodiversity Conservation Act 1999   This Act does not affect the operation of:  (a) the Environment Protection and Biodiversity Conservation Act 1999; or  (b) the World Heritage Properties Conservation Act 1983, so far as it continues to apply to parts of the Wet Tropics of Queensland World Heritage Area because of Part 2 of Schedule 6 to the Environmental Reform (Consequential Provisions) Act 1999. Schedule 7—Other amendments   1  Subsection 2(1) Booderee Botanic Gardens means the part of the Australian National Botanic Gardens in the Jervis Bay Territory. 2  Subsection 2(1) (definition of Jervis Bay Botanic Gardens) 3  Subsection 53(2)  (2) Before the Governor‑General makes regulations for the purposes of section 49 in relation to a place that forms part of Aboriginal Land, the Minister must consider any representations made to the Minister by the Council or the executive committee in relation to public access to the place. 4  Transitional—regulations (1) Regulations described in subsection 53(2) of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 made under that Act and in force immediately before the commencement of this item have effect after that commencement as if they had been made under that section as amended by this Act. (2) Subitem (1) does not prevent the amendment of regulations described in that subitem. Airports Act 1996 5  After subsection 94(6)  (6A) However, if the advice of the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 is sought under Subdivision A of Division 4 of Part 11 of that Act in relation to a draft plan, subsection (6) applies as if it referred to the day on which the advice was given, instead of the day the draft plan was received. 6  After subsection 95(3)  (3A) However, if the advice of the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 is sought under Subdivision A of Division 4 of Part 11 of that Act in relation to a draft variation, subsection (3) applies as if it referred to the day on which the advice was given, instead of the day the draft variation was received. 7  Subsection 3(1) ecosystem means a dynamic complex of plant, animal and micro‑organism communities and their non‑living environment interacting as a functional unit. 8  Subsection 3(1) (definition of environment) 9  Section 3 ecosystem means a dynamic complex of plant, animal and micro‑organism communities and their non‑living environment interacting as a functional unit. 10  Section 3 (definition of environment) 11  Subsections 31(4) and (5)  (4) Before the Governor‑General makes a Proclamation causing an area in the Great Barrier Reef Region to cease to be part of the Marine Park, the Minister must be satisfied:  (a) that the Proclamation, if made, would be in accordance with a resolution passed by each House of the Parliament on a motion; and  (b) that notice of the motion was given no less than 15 sitting days of that House before the motion was moved.  (5) Before the Governor‑General makes a Proclamation, the Minister must consider a report by the Authority in relation to the matter dealt with by the Proclamation. 12  Transitional—Proclamations A Proclamation made under section 31 of the Great Barrier Reef Marine Park Act 1975 and in force immediately before the commencement of this item has effect after that commencement as if it had been made under that section as amended by this Act. 13  Paragraph 39Y(b) Repeal the paragraph, substitute:  (b) to ensure management for the recovery and continued protection and conservation of species and ecological communities that are, or may become:  (i) extinct; or  (ii) extinct in the wild; or  (iii) critically endangered; or  (iv) endangered; or  (v) vulnerable; or  (vi) conservation dependent; 14  Saving The amendment of section 39Y of the Great Barrier Reef Marine Park Act 1975 made by this Schedule does not affect the validity of a plan of management made under Part VB of that Act before the commencement of the Environment Protection and Biodiversity Conservation Act 1999. 15  Paragraph 48(2)(a) After “his”, insert “or her”. Hazardous Waste (Regulation of Exports and Imports) Amendment Act 1996 16  Item 100 of Schedule 1 Omit “; and”. Ozone Protection Act 1989 17  At the end of section 17 Add:  (3) If:  (a) Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999 applies in relation to the granting of a licence; and  (b) the Minister has not granted the licence at the end of 30 days after he or she received advice under that Subdivision on the proposed grant; he or she is taken for the purposes of section 66 to have refused the application for the licence on the last of those days. Note: Under Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999, persons considering whether to authorise certain actions must get advice on environmental matters from the Minister administering that Subdivision.  (4) Subsections (1) and (2) do not apply in relation to an application for a licence if Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999 applies in relation to the granting of the licence. 18  Application The amendment of the Ozone Protection Act 1989 made by this Schedule applies in relation to applications for licences under Part III of that Act made after the commencement of the Environment Protection and Biodiversity Conservation Act 1999. 19  Subsection 3(1) ecosystem means a dynamic complex of plant, animal and micro‑organism communities and their non‑living environment interacting as a functional unit. 20  Subsection 3(1) (definition of environment) 21  Clause 2 of Schedule 3 ecosystem means a dynamic complex of plant, animal and micro‑organism communities and their non‑living environment interacting as a functional unit. 22  Clause 2 of Schedule 3 (definition of environment) 23  Subclause 17(4) of Schedule 3  (4) The notice must be given at least 10 business days before the carrier begins to engage in the activity.  (4A) Despite subclause (4), the notice need be given only 2 business days before the carrier begins to engage in an activity authorised by Division 2 (which deals with inspection) that:  (a) is not inconsistent with Australia’s obligations under a listed international agreement; and  (b) could not have an effect described in one or more of subparagraphs 27(7)(a)(ii) to (xii) (inclusive) of this Schedule; and  (c) will not have an adverse effect on a streetscape or other landscape; and  (d) will not have an impact on a place, area or thing described in paragraph 27(7)(c) or (d) of this Schedule. 24  Subclauses 17(7) and (8) of Schedule 3 Repeal the subclauses, substitute:  (7) Subclause (1) does not apply if the carrier intends to engage in an activity under Division 2 (which deals with inspection) in relation to land that is a public place and the activity:  (a) is not inconsistent with Australia’s obligations under a listed international agreement; and  (b) could not have an effect described in one or more of subparagraphs 27(7)(a)(ii) to (xii) (inclusive) of this Schedule; and  (c) will not have an adverse effect on a streetscape or other landscape; and  (d) will not have an impact on a place, area or thing described in paragraph 27(7)(c) or (d) of this Schedule. 25  Application The amendments of clause 17 of Schedule 3 to the Telecommunications Act 1997 made by this Schedule apply to activities that carriers intend to start at least 10 business days after the commencement of the Environment Protection and Biodiversity Conservation Act 1999. 26  At the end of paragraph 27(7)(a) of Schedule 3 Add:  or (x) could have an adverse effect on a listed migratory species (as defined in the Environment Protection and Biodiversity Conservation Act 1999); or  (xi) will have or is likely to have a significant impact on the environment in a Commonwealth marine area (as defined in the Environment Protection and Biodiversity Conservation Act 1999); or  (xii) will have or is likely to have a significant impact on the environment on Commonwealth land (as defined in the Environment Protection and Biodiversity Conservation Act 1999); 27  After subparagraph 27(7)(c)(i) of Schedule 3  (ia) a declared Ramsar wetland (as defined in the Environment Protection and Biodiversity Conservation Act 1999); 28  Application The amendments of clause 27 of Schedule 3 to the Telecommunications Act 1997 made by this Schedule apply in relation to applications for facility installation permits made after the commencement of the Environment Protection and Biodiversity Conservation Act 1999. 29  At the end of paragraph 55(2)(a) of Schedule 3 Add:  or (x) could have an adverse effect on a listed migratory species (as defined in the Environment Protection and Biodiversity Conservation Act 1999); or  (xi) will have or is likely to have a significant impact on the environment in a Commonwealth marine area (as defined in the Environment Protection and Biodiversity Conservation Act 1999); or  (xii) will have or is likely to have a significant impact on the environment on Commonwealth land (as defined in the Environment Protection and Biodiversity Conservation Act 1999); 30  After subparagraph 55(2)(b)(i) of Schedule 3  (ia) a declared Ramsar wetland (as defined in the Environment Protection and Biodiversity Conservation Act 1999); 31  Application The amendments of clause 55 of Schedule 3 to the Telecommunications Act 1997 made by this Schedule apply in relation to installation that a carrier proposes to commence after the commencement of the Environment Protection and Biodiversity Conservation Act 1999. Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1995 32  Item 16 of Schedule 16 After “or” (first occurring), insert “fail”. Schedule 8—Amendments contingent on other Acts commencing Part 1—Amendments relating to Corporate Law Economic Reform Program Act 1999 1  Subsection 514U(2)  (2) Sections 27G, 27H, 27J and 27K of the Commonwealth Authorities and Companies Act 1997 do not apply in relation to the Director.