Sch 9Nature conservation

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