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National Environment Protection Council Act 1994
Sch 9Nature conservation
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Schedule 9 Nature conservation
1 The parties agree that each level of Government has responsibilities for
the protection of flora and fauna and should use their best endeavours to
ensure the survival of species and ecological communities, both terrestrial
and aquatic, that make up Australia’s biota. The parties recognise that the
protection and sound management of natural habitats is of fundamental
importance to this aim and that all levels of Government should use their
best endeavours to conserve areas critical to the protection of Australia’s
flora and fauna and the maintenance of ecological processes that ensure
biological productivity and stability.
2 The parties recognise that the States have primary responsibility in the
general area of nature conservation.
3 The parties recognise that the Commonwealth has a particular
responsibility in the area of nature conservation in relation to:
— management of areas that lie within its own jurisdiction including the
external territories and the Jervis Bay Territory, Commonwealth places
and marine areas;
— Australia’s obligations under international law including under
treaties;
— exports, imports and quarantine.
The Commonwealth also has a particular interest in facilitating the effective and
efficient coordination of nature conservation across all jurisdictions.
4 The parties agree that a national approach should be taken to rare,
vulnerable and endangered species given that the distribution of these
species and their habitats is not confined or determined by State or
Commonwealth borders and that a national approach is desirable to avoid
duplication of effort, to ensure appropriate outcomes and to maximise the
effectiveness of available resources.
5 The parties agree that environmental management and resource use
decisions taken by all levels of Government should have regard to the
national distribution of species and other agreed national nature
conservation considerations.
6 The Commonwealth and the States agree to cooperate in the conservation,
protection and management of native species and habitats that occur in
more than one jurisdiction. In addition to participating in such
cooperative activities, the Commonwealth and the States may take
whatever action they deem appropriate within their respective
jurisdictions to protect any native species and habitats which they
consider requires specific action.
7 Within 1 year of the execution of this Agreement, the Australian and New
Zealand Environment and Conservation Council, in consultation with
relevant Ministerial Councils, will develop and report to First Ministers
on a strategy for a national approach to the protection of rare, vulnerable
and endangered species. The Australian and New Zealand Environment
and Conservation Council will provide a progress report to First Ministers
within six months.
8 The report referred to in clause 7 will take into account the preparation of
an ‘Australian National Strategy for the Conservation of Species and
Communities Threatened With Extinction’ by the Endangered Species
Advisory Committee which was established to advise the Commonwealth
Minister of the Arts, Sport, the Environment, Tourism and the Territories
and will include the following:
(i) the identification of Australia’s rare, vulnerable and endangered
species of flora and fauna;
(ii) the options for off-reserve protection of species and habitats to
complement the reserve system and the identification of ecologically
significant remnant vegetation;
(iii) the manner in which all levels of Government might ensure that
land or resource use decision-making processes explicitly identify
circumstances where there is an impact on identified rare, vulnerable and
endangered species and assess the nature of this impact prior to taking a
decision;
(iv) the development of mechanisms on a cooperative basis to address
cross-jurisdictional problems;
(v) the setting of outcomes and goals and the allocation of tasks in
relation to all States and the Commonwealth and monitoring and
reporting on the achievement of those outcomes and goals;
(vi) the coordination of any research initiatives;
(vii) the resource and financial implications and impacts of any
national approach.
9 The parties recognise the threat posed on both the natural environment
and agricultural and maricultural production by pest species of introduced
plants and animals and acknowledge that a cooperative national approach
to their control has the potential to produce savings from a reduction of
duplication of existing effort. The parties agree that the Commonwealth’s
role should be one of facilitating coordinated State efforts within its
national approach. Due to the nature of the threat, coordination of a
national approach should be undertaken through the Australian and New
Zealand Environment and Conservation Council, the Australian
Agricultural Council and the Australian Fisheries Council.
10 The parties agree to cooperate in fulfilling Australia’s commitments
under international nature conservation treaties and recognise the
Commonwealth’s responsibilities in ensuring that those commitments are
met.
11 The parties recognise the Commonwealth’s responsibilities with regard
to the implementation of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES) and the export of
wildlife and wildlife products. The Commonwealth and the States agree
to cooperate in the development of improved intergovernmental
arrangements for regulating commercial use of native wildlife, including
setting of nationally sustainable harvesting levels, establishment of
national standards in marketing of wildlife products, and streamlining of
permits and regulatory controls and enforcement.
12 The parties agree that the management of parks and protected areas is
largely a function of the States. The Commonwealth has a responsibility
for parks and protected areas on its own land and any parks or protected
areas it establishes in Australia’s maritime areas (subject to any existing
Commonwealth legislative arrangements in relation to maritime areas),
and to assist the States with common concerns which have been identified
by the Commonwealth and the States to have national implications.
13 The parties agree that a representative system of protected areas
encompassing terrestrial, freshwater, estuarine and marine environments
is a significant component in maintaining ecological processes and
systems. It also provides a valuable basis for environmental education and
environmental monitoring. Such a system will be enhanced by the
development and application where appropriate of nationally consistent
principles for management of reserves.
14 The parties agree that the national approach to the conservation,
protection and management of native species and habitants may include
the addition of new areas to reserve systems and protected areas, some of
which may be under multiple land use regimes, where such multiple land
use does not adversely affect the prime nature conservation function of
the reserve or protected area.
15 The parties further recognise that the establishment and management of a
reserve system is not in itself sufficient to ensure the protection of
Australia’s flora and fauna. Off-reserve protection and management,
particularly of remnant vegetation, are also required. The parties
recognise the need for national cooperation to ensure that remnants that
are ecologically significant on a national scale are identified;
management and protection arrangements are consistent across borders;
research initiatives are coordinated and not duplicated; and that off-
reserve protection activities complement the reserve system.
16 The Commonwealth and the States agree to cooperate in the development
of actions outlined in this schedule and that the Australian and New
Zealand Environment and Conservation Council be the primary forum of
all coordination of nationwide nature conservation functions.
Annexure A
RESERVATION BY THE NORTHERN TERRITORY
The Northern Territory in signing this Agreement notifies that it does not
consider itself a party to the Intergovernmental Agreement on Road Transport
entered into by the Commonwealth, States and the Australian Capital Territory,
and accordingly is not bound by sub-clause 5(vi) and clause 7 of Schedule 4 to
this Agreement.
The Northern Territory further notifies its intention to enter into discussions with
the other parties with the objective of securing the direct participation of
representatives of the Northern Territory Government concerned with transport
administration in any joint or collaborative processes among the Commonwealth,
States and Territories for the establishment of measures for national motor
vehicle emission and noise standards.
(see s 5)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• appoint
• asset
• Australia
• bankrupt or personally insolvent
• Commonwealth
• exercise
• external territory
• function
• Jervis Bay Territory
• land
• Legislative Assembly
• power
• property.
agreement means the agreement made on 1 May 1992 between the
Commonwealth, the States, the Australian Capital Territory, the
Northern Territory and the Australian Local Government
Association, a copy of which is set out in schedule 1.
Australian Local Government Association means the Australian
Local Government Association Limited.
Commonwealth Act means the National Environment Protection
Council Act 1994 (Cwlth).
council means the National Environment Protection Council
established by section 7.
member means a member of the council.
ministerial council means a council, comprising 1 or more Ministers
of the Commonwealth and Ministers of 1 or more of the States or
Territories, that includes environmental protection in its functions.
minor variation, for a national environment protection measure—
see section 21A (Minor variation of measures).
national environment protection goal means a goal—
(a) that relates to desired environmental outcomes; and
(b) that guides the formulation of strategies for the management of
human activities that may affect the environment.
national environment protection guideline means a guideline that
gives guidance on possible means for achieving desired
environmental outcomes.
national environment protection measure means a measure made
under section 13 (1).
national environment protection protocol means a protocol that
relates to the process to be followed in measuring environmental
characteristics to determine—
(a) whether a particular standard or goal is being met or achieved;
or
(b) the extent of the difference between the measured characteristic
of the environment and a particular standard or a particular goal.
national environment protection standard means a standard that
consists of quantifiable characteristics of the environment against
which environmental quality can be assessed.
NEPC committee means the committee established by section 28.
NEPC executive officer means the person who, from time to time,
holds the office of NEPC Executive Officer established by section 38,
and includes a person acting in that office.
NEPC service corporation means the corporation referred to in
section 34.
participating jurisdiction means the Commonwealth, a participating
State or a participating Territory.
participating State means a State—
(a) that is a party to the agreement; and
(b) in which an Act that corresponds to this Act is in force in
accordance with the agreement.
participating Territory means a Territory—
(a) that is a party to the agreement; and
(b) in which an Act that corresponds to this Act is in force in
accordance with the agreement.
service corporation means the NEPC service corporation.
Territory means the Australian Capital Territory and the Northern
Territory.
1 About the endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Legislation history 3
3 Legislation history
National Environment Protection Council Act 1994 A1994-95
notified 15 December 1994 (Gaz 1994 No S280)
commenced 15 December 1994 (s 2)
as amended by
Financial Management and Audit (Consequential and Transitional
Provisions) Act 1996 A1996-26 sch, pt 21
notified 1 July 1996 (Gaz 1996 No S130)
commenced 1 July 1996 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 255
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 255 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Statute Law Amendment Act 2002 A2002-30 pt 3.50
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.50 commenced 17 September 2002 (s 2 (1))
National Environment Protection Council Amendment Act 2003
A2003-7
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75 (1))
remainder commenced 19 December 2003 (s 2 and see National
Environment Protection Council Amendment Act 2002 (Cwlth) No 142,
2002 s 2)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.41
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.41 commenced 2 June 2005 (s 2 (1))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.69
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.69 commenced 12 April 2007 (s 2 (1))
3 Legislation history
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.53
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.53 commenced 17 December 2009 (s 2)
Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1
pt 1.25
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.25 commenced 1 March 2012 (s 2 (1) and see
Evidence Act 2011 A2011-12, s 2 and CN2012-4)
Public Sector Management Amendment Act 2016 A2016-52 sch 1
pt 1.51
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.51 commenced 1 September 2016 (s 2)
Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.30
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.30 commenced 24 August 2022 (s 2)
Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.130
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 4 pt 4.130 commenced 26 December 2025 (s 2 (7))
Environment Legislation Amendment Act 2025 A2025-28 pt 9
notified LR 12 November 2025
s 1, s 2 commenced 12 November 2025 (LA s 75 (1))
pt 9 commenced 26 November 2025 (s 2)
Amendment history 4
Name of Act
s 1 sub A2007-3 amdt 3.374
Commencement
s 2 om A2001-44 amdt 1.2898
Words and expressions used in Cwlth Act
s 4 sub A2001-44 amdt 1.2899
s 5 defs reloc to dict A2003-7 s 4
sub A2003-7 s 5
Notes
s 5A ins A2003-7 s 5
Interpretation–implementation of national environment protection measures
s 5B ins A2003-7 s 5
Membership of council
s 8 am A2025-28 s 33
Deputies
s 10 am A2025-28 s 33
Functions and powers
div 3.1 hdg (prev pt 3 div 1 hdg) renum R1 LA
Powers of council
s 12 am A2003-7 s 6
Making of national environment protection measures
div 3.2 hdg (prev pt 3 div 2 hdg) renum R1 LA
Council may make national environment protection measures
s 13 am A2001-44 amdt 1.2900; A2002-30 amdt 3.600; A2005-20
amdt 3.317; A2022-14 amdt 3.182; A2025-28 s 34, s 35;
A2025-29 amdt 4.131
General considerations in making national environment protection measures
s 14 am A2025-28 s 35
Council to give notice of intention to prepare a draft of proposed measure
s 15 am A2025-28 s 35
Council to prepare draft of proposed measure and impact statement
s 16 am A2025-28 s 35
Public consultation
s 17 am A2025-28 s 35
Variation or revocation of measures
s 19 am A2003-7 s 7; A2025-28 s 35; A2025-29 amdt 4.131
Minor variation of national environment protection measures
div 3.2A hdg ins A2003-7 s 8
Minor variation of measures
s 21A ins A2003-7 s 8
am A2025-29 amdt 4.131
Public consultation for minor variation
s 21B ins A2003-7 s 8
Council to have regard to submissions etc
s 21C ins A2003-7 s 8
Assessment and reporting on implementation and effectiveness of measures
div 3.3 hdg (prev pt 3 div 3 hdg) renum R1 LA
Report by Minister on implementation and effectiveness of measures
s 22 am A2025-28 s 35
Annual report of council
s 23 am A2025-28 s 35
Meetings of council
div 4.1 hdg (prev pt 4 div 1 hdg)) renum R1 LA
Convening of meetings
s 24 am A2025-28 s 35
Procedure at meetings
s 25 am A2022-14 amdt 3.183
Voting at meetings
s 27 am A2025-28 s 35
Committees of council
div 4.2 hdg (prev pt 4 div 2 hdg) renum R1 LA
NEPC service corporation
div 5.1 hdg (prev pt 5 div 1 hdg) renum R1 LA
NEPC service corporation
s 34 am A2011-48 amdt 1.41
Functions of service companies
s 35 am A2003-7 s 9
Powers of service corporation
s 36 am A2025-28 s 35
Contracts and leases
s 37 am A2025-28 s 35
Amendment history 4
NEPC executive officer to act in accordance with council directions
s 40 am A2025-28 s 35
Leave of absence
s 42 am A2007-3 amdt 3.375
Resignation
s 43 sub A2022-14 amdt 3.184
Termination of office
s 44 am A2009-49 amdt 3.125; A2022-14 amdt 3.185
Acting NEPC executive officer
s 46 am A2022-14 amdt 3.186
Staff of service corporation and consultants
div 5.3 hdg (prev pt 5 div 3 hdg) renum R1 LA
Australian public service staff of service corporation
s 48 hdg sub A2016-52 amdt 1.136
Estimates
s 56 am A2025-28 s 35
Audit Act not to apply
s 57 om A1996-26 sch pt 21
Special provisions relating to reports etc prepared under the Public
Governance, Performance and Accountability Act 2013
s 58 hdg sub A2025-28 s 36
am A2025-28 s 37
Regulation-making power
s 62 hdg sub A2001-44 amdt 1.2901
s 62 am A2001-44 amdt 1.2902, amdt 1.2903; A2025-29
amdt 4.131
Review of operation of Act
s 63 am A2003-7 s 10; A2025-28 s 38
Intergovernmental agreement on the environment
sch 1 hdg (prev sch hdg) renum R1 LA
am A2025-28 s 39
dict ins A2003-7 s 11
am A2009-49 amdt 3.126
def ministerial council ins A2003-7 s 11
def minor variation ins A2003-7 s 11
def agreement reloc from s 3 A2003-7 s 4
def Australian Local Government Association reloc from
s 3 A2003-7 s 4
def Commonwealth Act reloc from s 3 A2003-7 s 4
def council reloc from s 3 A2003-7 s 4
def member reloc from s 3 A2003-7 s 4
def national environment protection goal reloc from s 3
A2003-7 s 4
def national environment protection guideline reloc from
s 3 A2003-7 s 4
def national environment protection measure reloc from s 3
A2003-7 s 4
def NEPC committee reloc from s 3 A2003-7 s 4
def NEPC executive officer reloc from s 3 A2003-7 s 4
def NEPC service corporation reloc from s 3 A2003-7 s 4
def participating jurisdiction reloc from s 3 A2003-7 s 4
def participating State reloc from s 3 A2003-7 s 4
def participating Territory reloc from s 3 A2003-7 s 4
def service corporation reloc from s 3 A2003-7 s 4
def Territory reloc from s 3 A2003-7 s 4
Earlier republications 5
5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication No Amendments to Republication date
1 A2001-44 21 February 2002
2 A2002-30 11 October 2002
3 A2003-7 19 December 2003
4 A2005-20 2 June 2005
5 A2007-3 12 April 2007
6 A2009-49 17 December 2009
7 A2011-48 1 March 2012
8 A2016-52 1 September 2016
9 A2022-14 24 August 2022
10 A2025-28 26 November 2025