Schedule 1 Reviewable decisions
(see ch 15)
item
section
decision
column 4
entity
1 226 (2) issue restore excavation direction person directed
2 229 (2) issue repair damage direction person directed
3 273 (2) issue nature conservation licence
4 273 (2) refuse to issue nature conservation licence applicant for licence
5 274 (b) issue nature conservation licence—impose
condition
6 279 impose financial assurance condition on
nature conservation licence
7 282 claim a financial assurance licensee
8 286 (1) amend nature conservation licence licensee
9 288 (2) refuse to amend nature conservation
10 288 (3) amend nature conservation licence—
11 290 (2) refuse to transfer nature conservation
proposed new licensee
12 290 (3) transfer nature conservation licence—
new licensee
13 292 (2) refuse to renew nature conservation
14 292 (3) renew nature conservation licence—
15 299 (3) take regulatory action licensee
16 300 immediately suspend nature conservation
17 331 (2) issue conservator’s direction person directed
Schedule 1 Reviewable decisions
item
section
decision
column 4
entity
18 333 (2) issue treatment direction person directed
19 335 (2) (a) issue direction to give animal or plant to
conservator
person directed
20 335 (2) (b) issue direction to destroy animal or plant person directed
21 355 (2) issue direction to destroy or otherwise
dispose of a thing
person directed
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• ACT legislation register
• ambulance service
• Australia
• chief officer (ambulance service)
• chief officer (fire and rescue service)
• chief officer (rural fire service)
• chief officer (SES)
• commissioner for sustainability and the environment
• contravene
• director-general (see s 163)
• disallowable instrument (see s 9)
• Executive
• exercise
• external territory
• fire and rescue service
• function
• notifiable instrument (see s 10)
• penalty unit (see s 133)
• police officer
• reviewable decision notice
• rural fire service
• SES
• State
• territory plan
• territory planning authority
• the Territory
• working day.
accessing biological resources, for part 8.5 (Access to biological
resources in reserves)—see section 207.
access provider, for biological resources in a reserve, for part 8.5
(Access to biological resources in reserves)—see section 206.
action plan, for a relevant species, relevant ecological community or
key threatening process, for part 4.5 (Action plans)—see section 99.
activities, of an agency, for chapter 12 (Management agreements with
utility suppliers, land developers and others)—see section 308.
activities declaration, for a reserve—see section 256.
activity information notice, for an activity—see section 270.
ACT parks and conservation service means the ACT parks and
conservation service established under section 27.
agency, for chapter 12 (Management agreements with utility
suppliers, land developers and others)—see section 308.
animal—see section 11.
animal reproductive material means—
(a) an embryo, an egg or sperm of an animal; or
(b) any other part, or product, of an animal from which another
animal could be produced.
assessed at a national scale, for an item, for part 4.4 (Including,
transferring and omitting items in a list)—see section 80.
biodiversity—see section 19.
biodiversity research and monitoring program, for part 2.1
(Conservator of flora and fauna)—see section 24.
biodiversity research and monitoring program report—see
section 26.
biological resources, for part 8.5 (Access to biological resources in
reserves)—see section 204.
built-up urban area, for division 6.1.3 (Native plants)—see
section 139.
cause, serious harm or material harm—
(a) for part 9.4 (Reserves—offences about clearing native
vegetation)—see section 235; and
(b) for part 9.5 (Reserves—offences about damaging land)—see
section 244.
clearing native vegetation, for part 9.4 (Reserves—offences about
clearing native vegetation)—see section 234.
closed reserve declaration, for a reserve, for part 10.2 (Prohibited and
restricted activities)—see section 259.
coastal sea, of Australia or an external Territory—see the Acts
Interpretation Act 1901 (Cwlth), section 15B (4) (Application of Acts
in coastal sea).
common assessment method, for part 4.4 (Including, transferring and
omitting items in a list—general)—see section 80.
connected, for part 14.2 (Enforcement by conservation officers)—see
conservation—see section 10.
conservation advice means an advice mentioned in section 90C.
conservation dependent species means a species included in the
conservation dependent category in the threatened native species list.
conservation officer means a conservation officer mentioned in
section 28.
conservator—see section 20 (1).
conservator guidelines—see section 23.
conservator’s direction—see section 331 (2).
continental shelf—see the Seas and Submerged Lands Act 1973
(Cwlth), section 3.
controlled native species, for chapter 7 (Controlled native species
management plans)—see section 157.
controlled native species management plan, for a controlled native
species—see section 158.
critical habitat, for a species or ecological community, means a
habitat that is critical to the survival of the species or ecological
community.
critically endangered ecological community means an ecological
community included in the critically endangered category in the
threatened ecological communities list.
critically endangered species means a species included in the
critically endangered category in the threatened native species list.
cultural resource management plan—see section 168A.
custodian, in relation to land—see the Planning Act 2023, dictionary.
Note Custodian applies only to land that is unleased land, public land or both.
damage—
(a) a tree, for division 6.1.3 (Native plants)—see section 139; and
(b) to land, for part 9.5 (Reserves—offences about damaging
land)—see section 243.
data deficient species means a species included in the data deficient
category on the protected native species list.
declared pest—see the Biosecurity Act 2023, section 11 (2).
development, for chapter 13 (Land development applications)—see
section 315.
draft action plan, for a relevant species, relevant ecological
community or key threatening process, for part 4.5 (Action plans)—
see section 100.
draft controlled native species management plan, for a controlled
native species, for chapter 7 (Controlled native species management
plans)—see section 159.
draft native species conservation plan, for a native species on stated
land, for part 5.3 (Native species conservation plans)—see
section 116.
draft nature conservation strategy, for the ACT, for chapter 3
(Nature conservation strategy for the ACT)—see section 48.
draft Ramsar wetland management plan, for a Ramsar wetland, for
part 8.4 (Ramsar wetlands management plans)—see section 192.
draft reserve management plan, for a reserve, for part 8.3 (Reserve
management plans)—see section 176.
due date—
(a) for when the financial assurance must be provided—see
section 280; and
(b) for when a proposed management agreement is to be signed and
returned to the conservator—see section 311.
ecological community—see section 17.
ecosystem means a dynamic complex of plant, animal and
micro-organism communities and their non-living environment
interacting as a functional unit.
eligible species—see section 95 (1).
endangered ecological community means an ecological community
included in the endangered category in the threatened ecological
communities list.
endangered species means a species included in the endangered
category in the threatened native species list.
evidence direction—see section 319 (3).
exclusive economic zone—see the Seas and Submerged Lands
Act 1973 (Cwlth), section 3.
exempt animal—see section 154.
export an item, means take the item to another place for any purpose.
Examples—purpose
• sale or trade
• personal use
• gift
financial assurance condition, on a licence—see section 278.
financial assurance considerations—see section 279.
fisheries management plan—see the Fisheries Act 2000, section 5.
genetic resources, for part 8.5 (Access to biological resources in
reserves)—see section 205.
ground for regulatory action, against a licensee—see section 297.
habitat means an area—
(a) occupied (continuously, periodically or occasionally) by an
organism or group of organisms; or
(b) once occupied (continuously, periodically or occasionally) by an
organism, or group of organisms, and into which organisms of
that kind have the potential to be reintroduced.
import an item, means bring in the item from another place for any
purpose.
Examples—purpose
• sale or trade
• personal use
• gift
in, a vehicle, includes on the vehicle.
ineligible species—see section 95 (1).
influential person, for a corporation, for chapter 11 (Nature
conservation licences)—see section 262A.
information direction—see section 323 (2).
inspection notice, for a licence—see section 272.
interfere with an item, for division 6.1.2 (Native animals)—see
section 127.
item, for part 4.4 (Including, transferring and omitting items in list)—
see section 80.
IUCN category, for a reserve, for part 8.2 (IUCN categories for
reserves)—see section 171.
IUCN reserve management objectives, for an IUCN category, for
part 8.2 (IUCN categories for reserves)—see section 173.
keep, an animal, means have charge or possession of the animal,
either in captivity or in a domesticated state.
key threatening process—see section 74.
key threatening processes list—see section 75.
key threatening processes list criteria—see section 78.
lease—see the Planning Act 2023, section 257.
leave reserve direction, for part 14.1 (Directions)—see
section 325 (2).
licence means a nature conservation licence.
licence number, for a licence—see section 277.
licence register—see section 304.
licensed activity, for a licence—see section 262.
list, for part 4.4 (Including, transferring and omitting items in list)—
see section 80.
listed migratory species—see the Environment Protection and
Biodiversity Conservation Act 1999 (Cwlth), section 528.
listing assessment, for part 4.4 (Including, transferring and omitting
items in list)—see section 85 (2).
management agreement, for public land or unleased territory land,
for chapter 12 (Management agreements with utility suppliers, land
developers and others)—see section 310.
management objectives, for public land or unleased territory land, for
chapter 12 (Management agreements with utility suppliers, land
developers and others)—see section 309.
material harm, to a reserve—
(a) for clearing native vegetation, for part 9.4 (Reserves—offences
about clearing native vegetation)—see section 235; or
(b) for damage to land, for part 9.5 (Reserves—offences about
damaging land)—see section 244.
member—
(a) for a species of animal—see section 18 (a); or
(b) for a species of plant—see section 18 (b); or
(c) for an ecological community—see section 18 (c).
minor amendment, for division 4.4.6 (Minor amendments of list)—
see section 93.
motor vehicle—see the Road Transport (General) Act 1999,
name and address direction—see section 319 (2).
national category, in the threatened native species list—see
section 63 (2) (Threatened native species list—categories).
nationally threatened, in relation to an item, for part 4.4 (Including,
transferring and omitting items in list)—see section 80.
native animal—see section 12.
native plant—see section 14.
native species—see section 16.
native species conservation plan, for a native species—see
section 115.
native timber, for division 6.1.3 (Native plants)—see section 139.
native tree, for division 6.1.3 (Native plants)—see section 139.
native vegetation, for an area, for part 9.4 (Reserves—offences about
clearing native vegetation)—see section 232.
native vegetation area, for part 9.4 (Reserves—offences about
clearing native vegetation)—see section 233.
nature—see section 9.
nature conservation licence—see section 262.
nature conservation strategy, for the ACT—see section 47.
nest, of an animal, for division 6.1.2 (Native animals)—see
section 127.
nomination, for part 4.4 (Including, transferring and omitting items
in list)—see section 80.
occupier, of premises, for part 14.2 (Enforcement by conservation
officers)—see section 337.
offence, for part 14.2 (Enforcement by conservation officers)—see
organism includes—
(a) a virus; and
(b) the reproductive material of an organism; and
(c) an organism that has died.
participating State, for part 4.4 (Including, transferring and omitting
items in list)—see section 80.
personal information notice—see section 267.
planning and development management objectives, for an area of
public land reserved for a particular purpose, means the management
objectives under the Planning Act 2023, section 387.
Note The management objectives are stated in the following:
• the Planning Act 2023, sch 3
• determinations made by the conservator under the Planning
Act 2023, s 387 (2).
plant—see section 13.
plant reproductive material means—
(a) a seed or spore of a plant; or
(b) a cutting from a plant; or
(c) any other part, or product, of a plant from which another plant
can be produced.
plant tag, for a plant, for division 6.1.3 (Native plants)—see
section 139.
population, of a species or ecological community, means an
occurrence of the species or community in a particular area.
premises includes—
(a) land (whether vacant or occupied); and
(b) a vehicle; and
(c) a vessel; and
(d) an aircraft.
prohibited activity, for a reserve—see section 256.
proposed agreement—see section 311.
proposed new licensee, for a licence—see section 289.
protected native species—see section 110.
protected native species list—see section 111 (1).
protected native species list criteria—see section 113 (1).
public consultation notice, for a nomination, for part 4.4 (Including,
transferring and omitting items in list)—see section 84 (1).
public consultation period—
(a) for a draft action plan, for part 4.5 (Action plans)—see
section 103 (2); and
(b) for a draft controlled native animal management plan, for
chapter 7 (Controlled native species management plans)—see
section 162 (2); and
(c) for a draft native species conservation plan, for part 5.3 (Native
species conservation plans)—see section 120 (2); and
(d) for a draft nature conservation strategy, for chapter 3 (Nature
conservation strategy for the ACT)—see section 51 (2); and
(e) for a draft Ramsar wetland management plan, for part 8.4
(Ramsar wetlands management plans)—see section 195 (2); and
(f) for a draft reserve management plan, for part 8.3 (Reserve
management plans)—see section 179 (2); and
(g) for a nomination, for part 4.4 (Including, transferring and
omitting items in list)—see section 84 (3).
public land—see the Planning Act 2023, dictionary.
public unleased land permit—see the Public Unleased Land
Act 2013, section 40.
Ramsar wetland—see section 190.
Ramsar wetland management plan, for a Ramsar wetland—see
section 191.
rare species means a species included in the rare category on the
protected native species list.
regional category, in the threatened native species list—see
section 63 (3) (Threatened native species list—categories).
regionally conservation dependent species means a species included
in the regionally conservation dependent category in the threatened
regionally threatened species means a species included in the
regionally threatened category in the threatened native species list.
regular migratory species—see section 98.
regulatory action, against a licensee—see section 298.
relevant Assembly committee, for a provision, means a standing
committee of the Legislative Assembly nominated, in writing, by the
Speaker for the provision.
relevant ecological community—see section 98.
relevant species—see section 98.
repair damage direction, for part 9.3 (Reserves—repairing
damage)—see section 229 (2).
reserve—see section 169.
reserve management plan, for a reserve, for part 8.3 (Reserve
management plans)—see section 175.
resource protection area, for chapter 10 (Reserves—prohibited and
restricted activities)—see section 253.
resource protection area declaration, for a resource protection
area—see section 254.
restore excavation direction, for part 9.2 (Reserves—offences in
wilderness areas)—see section 226 (2).
restricted activity, for a reserve—see section 256.
restricted trade species means a species included in the restricted
trade category on the protected native species list.
reviewable decision, for chapter 15 (Notification and review of
decisions)—see section 360.
risk management plan notice, for a licence—see section 271.
scientific committee means the scientific committee established
under section 31.
seabed includes—
(a) the surface of a coral formation; and
(b) subsoil of seabed (including coral beneath the surface of a coral
formation).
sell, for part 6.1 (Offences)—see section 126.
serious harm, to a reserve—
(a) for clearing native vegetation, for part 9.4 (Reserves—offences
about clearing native vegetation)—see section 235; or
(b) for damage to land, for part 9.5 (Reserves—offences about
damaging land)—see section 244.
show cause notice, for a licensee, for part 11.6 (Licences—regulatory
action)—see section 299.
special protection status, for a native species—see section 109.
species—see section 15.
stop vehicle direction, for part 14.1 (Directions)—see section 327 (2).
suitability information—
(a) about an activity—see section 269; or
(b) about a person—see section 266.
suitable activity, for a licence—see section 268.
suitable person, to hold a licence, for chapter 11 (Nature conservation
licences)—see section 265.
take, for part 6.1 (Offences)—see section 126.
threatened ecological communities list—see section 68.
threatened ecological communities list criteria—see section 71.
threatened ecological community—see section 67.
threatened native species—see section 61.
threatened native species list—see section 62.
threatened native species list criteria—see section 65.
threatening process—see section 73.
transfer, an item within a list, for part 4.4 (Including, transferring and
omitting items in list)—see section 80.
treatment direction, for part 14.1 (Directions)—see section 333.
tree seedling, for division 6.1.3 (Native plants)—see section 139.
urgent direction, for part 14.1 (Directions)—see section 329.
vehicle includes vessel.
vessel includes hovercraft.
vulnerable ecological community means an ecological community
included in the vulnerable category in the threatened ecological
communities list.
vulnerable species means a species included in the vulnerable
category in the threatened native species list.
warrant, for part 14.2 (Enforcement by conservation officers)—see
wilderness area—see section 170.
About the endnotes 1
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.