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.
The parties recognise that the States have primary responsibility in the
general area of nature conservation.
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 interests in facilitating the
effective and efficient co-ordination of nature conservation across all
jurisdictions.
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.
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
National Environment Protection Council (Northern Territory) Act 1994 58
respective jurisdictions to protect any native species and habitats which
they consider requires specific action.
7. Within one year of the execution of the 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 of 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 co-ordination 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
National Environment Protection Council (Northern Territory) Act 1994 59
from a reduction of duplication of existing effort. The parties agree that
the Commonwealth's role should be one of facilitating co-ordinated
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 co-operate 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.
National Environment Protection Council (Northern Territory) Act 1994 60
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 co-operation 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 co-ordinated and not duplicated; and
that off-reserve protection activities complement the reserve system.
16. The Commonwealth and the States agree to co-operate 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 co-ordination of nationwide nature conservation
functions.
Annexure A Reservation by the Northern Territory
The Northern Territory in signing the 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.
National Environment Protection Council (Northern Territory) Act 1994 61
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
National Environment Protection Council (Northern Territory) Act 1994 (Act No. 78,
1994)
Assent date 30 December 1994
Commenced 15 September 1995 (Gaz S32, 14 September 1995)
Statute Law Revision Act 1999 (Act No. 27, 1999)
Assent date 18 June 1999
Commenced 18 June 1999
National Environment Protection Council (Northern Territory) Amendment Act 2004
(Act No. 17, 2004)
Assent date 15 March 2004
Commenced 15 March 2004
Transport Legislation Amendment Act 2020 (Act No. 23, 2020)
Assent date 10 July 2020
Commenced 1 July 2021 (Gaz G23, 9 June 2021, p 1)
Amending Legislation
Statute Law Revision Act 2020 (Act No. 26, 2020)
Assent date 19 November 2020
Commenced 20 November 2020 (s 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 5 and 58.
National Environment Protection Council (Northern Territory) Act 1994 62
4 LIST OF AMENDMENTS
s 6 amd No. 17, 2004, s 3
s 13 amd No. 17, 2004, s 4
s 14 amd No. 23, 2020, s 72
s 20 amd No. 17, 2004, s 5
pt 3
div 2A hdg ins No. 17, 2004, s 6
ss 22A – 22C ins No. 17, 2004, s 6
s 36 amd No. 17, 2004, s 7
s 43 amd No. 17, 2004, s 8
s 49 amd No. 17, 2004, s 9
s 51 amd No. 17, 2004, s 10
s 56 amd No. 17, 2004, s 11
s 58 amd No. 27, 1999, s 15
s 59 amd No. 17, 2004, s 12
s 64 amd No. 17, 2004, s 13