Environment Protection and Biodiversity Conservation Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 259 — Conditions of permits
(1) A permit is subject to such conditions as are specified in the permit or as are imposed under subsection (2). (2) The Minister may, in accordance with the regulations: (a) vary or revoke a…
Section 260 — Contravening conditions of a permit
The holder of a permit commits an offence punishable upon conviction by a fine not exceeding 300 penalty units if: (a) he or she does, or fails to do, an act or thing; and (b) doing, or failing to…
Section 261 — Authorities under permits
(1) Subject to subsection (2), the holder of a permit may give to a person written authority to take for or on behalf of the holder any action authorised by the permit. The authority may be given…
Section 262 — Transfer of permits
On the application, in accordance with the regulations, of the holder of a permit, the Minister may, in accordance with the regulations, transfer the permit to another person.
Section 263 — Suspension or cancellation of permits
The Minister may, in accordance with the regulations: (a) suspend a permit for a specified period; or (b) cancel a permit.
Section 263A — Review of decisions about permits
(1) Subject to subsection (2), an application may be made to the Administrative Review Tribunal for review of a decision: (a) to issue or refuse a permit; or (b) to specify, vary or revoke a…
Section 264 — Fees
Such fees as are prescribed (if any) are payable in respect of the following: (a) the grant or the transfer of a permit; (b) the variation or revocation of a condition of a permit; (c) the imposition…
Section 265 — Minister may accredit plans, regimes or policies
(1) The Minister may, by instrument in writing, accredit for the purposes of this Division: (a) a plan of management within the meaning of section 17 of the Fisheries Management Act 1991; or (b) a…
Section 266 — Regulations
The regulations may: (a) provide for the transportation, treatment and disposal of members of listed marine species killed, injured or taken in contravention of this Division; and (b) provide for the…
Section 266B — Approved conservation advice for listed threatened species and listed threatened ecological communities
Minister to ensure there is approved conservation advice (1) The Minister must ensure that there is approved conservation advice for each listed threatened species (except one that is extinct or that…
Section 267 — Simplified outline of this Subdivision
The following is a simplified outline of this Subdivision: Recovery plans for listed threatened species and ecological communities and threat abatement plans for key threatening processes bind the…
Section 268 — Compliance with recovery plans and threat abatement plans
A Commonwealth agency must not take any action that contravenes a recovery plan or a threat abatement plan.
Section 269 — Implementing recovery and threat abatement plans
(1) Subject to subsection (2), the Commonwealth must implement a recovery plan or threat abatement plan to the extent to which it applies in Commonwealth areas. (2) If a recovery plan or a threat…
Section 269A — Making or adopting a recovery plan
Application (1) This section applies only if the Minister’s most recent decision under section 269AA in relation to a listed threatened species (except one that is extinct or that is a conservation…
Section 269AA — Decision whether to have a recovery plan
Minister has an initial obligation and then a discretion (1) The Minister must decide whether to have a recovery plan for a listed threatened species (except one that is extinct or that is a…
Section 270 — Content of recovery plans
(1) A recovery plan must provide for the research and management actions necessary to stop the decline of, and support the recovery of, the listed threatened species or listed threatened ecological…
Section 270A — Decision whether to have a threat abatement plan
Decision (1) The Minister may at any time decide whether to have a threat abatement plan for a threatening process in the list of key threatening processes established under section 183. The Minister…
Section 270B — Making or adopting a threat abatement plan
Application (1) This section applies only if the Minister’s most recent decision under section 270A in relation to a key threatening process is to have a threat abatement plan for the process. Note:…
Section 271 — Content of threat abatement plans
(1) A threat abatement plan must provide for the research, management and other actions necessary to reduce the key threatening process concerned to an acceptable level in order to maximise the…
Section 272 — Eradication of non-native species
If: (a) the actions specified under paragraph 270(2)(c) in a recovery plan, or under paragraph 271(2)(c) in a threat abatement plan, include the eradication of a non-native species; and (b) the…
Section 273 — Ensuring plans are in force
When a plan comes into force (1A) A recovery plan or a threat abatement plan comes into force on the day on which it is made or adopted, or on a later day specified by the Minister in writing.…
Section 274 — Scientific Committee to advise on plans
(1) The Minister must obtain and consider the advice of the Scientific Committee on: (a) the content of recovery and threat abatement plans; and (b) the times within which, and the order in which,…
Section 275 — Consultation on plans
(1) Before making a recovery plan or threat abatement plan under this Subdivision, the Minister must: (a) take reasonable steps to ensure that copies of the proposed plan are available for purchase,…
Section 276 — Consideration of comments
The Minister: (a) must, in accordance with the regulations (if any), consider all comments on a proposed recovery plan or threat abatement plan made in response to an invitation under section 275;…
Section 277 — Adoption of State plans
(1) The Minister must not adopt a plan as a recovery plan or a threat abatement plan under this Subdivision unless: (a) the Minister is satisfied that an appropriate level of consultation has been…
Section 278 — Publication of plans
(1) As soon as practicable after the Minister makes or adopts a recovery plan or a threat abatement plan under this Subdivision, the Minister must: (a) make copies of the plan available for purchase,…
Section 279 — Variation of plans by the Minister
(1) The Minister may, at any time, review a recovery plan or threat abatement plan that has been made or adopted under this Subdivision and consider whether a variation of it is necessary. (2) Each…
Section 280 — Variation by a State or Territory of joint plans and plans adopted by the Minister
(1) If a State or self-governing Territory varies a plan that: (a) the Minister has made jointly with the State or self-governing Territory, or an agency of the State or Territory; or (b) has been…
Section 281 — Commonwealth assistance
(1) The Commonwealth may give to a State or self-governing Territory, or to an agency of a State or a self-governing Territory, financial assistance, and any other assistance, to make or implement a…
Section 282 — Scientific Committee to advise on assistance
(1) The Scientific Committee is to advise the Minister on the conditions (if any) to which the giving of assistance under section 281 should be subject. (2) In giving advice about assistance for…
Section 283 — Plans may cover more than one species etc.
(1) A recovery plan made or adopted under this Subdivision may deal with one or more listed threatened species and/or one or more listed ecological communities. (2) A threat abatement plan made or…
Section 283A — Revoking a plan
(1) The Minister may, by legislative instrument: (a) revoke a recovery plan for a listed threatened species or a listed threatened ecological community if the Minister decides under section 269AA not…
Section 284 — Reports on preparation and implementation of plans
The Secretary must include in each annual report a report on the making and adoption under this Subdivision of each recovery plan and threat abatement plan during the year to which the report relates.
Section 285 — Wildlife conservation plans
(1) Subject to this section, the Minister may make, by instrument in writing, and implement a wildlife conservation plan for the purposes of the protection, conservation and management of the…
Section 286 — Acting in accordance with wildlife conservation plans
A Commonwealth agency must take all reasonable steps to act in accordance with a wildlife conservation plan.
Section 287 — Content of wildlife conservation plans
(1) A wildlife conservation plan must provide for the research and management actions necessary to support survival of the migratory species, marine species, species of cetacean or conservation…
Section 288 — Eradication of non-native species
If: (a) the actions specified under section 287 in a wildlife conservation plan include the eradication of a non-native species; and (b) the species is threatened in a country in which its native…
Section 289 — Scientific Committee to advise on scheduling of plans
(1) The Minister may seek advice from the Scientific Committee on the need for wildlife conservation plans and the order in which they should be made. (1A) The Scientific Committee may advise the…
Section 290 — Consultation on plans
(1) Before making a wildlife conservation plan under subsection 285(1) or (5), the Minister must: (a) take reasonable steps to ensure that copies of the proposed plan are available for purchase, for…
Section 291 — Consideration of comments
The Minister: (a) must, in accordance with the regulations (if any), consider all comments on a proposed wildlife conservation plan made in response to an invitation under section 290; and (b) may…
Section 292 — Adoption of State plans
(1) The Minister must not adopt a plan as a wildlife conservation plan under subsection 285(3) unless: (a) the Minister is satisfied that an appropriate level of consultation has been undertaken in…
Section 293 — Publication, review and variation of plans
(1) As soon as practicable after the Minister makes or adopts a wildlife conservation plan under section 285, the Minister must: (a) make copies of the plan available for purchase, for a reasonable…
Section 294 — Variation of plans by the Minister
(1) The Minister may, at any time, review a wildlife conservation plan that has been made or adopted under section 285 and consider whether a variation of it is necessary. (2) Each plan must be…
Section 295 — Variation by a State or Territory of joint plans and plans adopted by the Minister
(1) If a State or self-governing Territory varies a plan that: (a) the Minister has made jointly with the State or self-governing Territory, or an agency of the State or Territory; or (b) has been…
Section 296 — Commonwealth assistance
(1) The Commonwealth may give to a State or self-governing Territory, or to an agency of a State or a self-governing Territory, financial assistance, and any other assistance, to make a wildlife…
Section 297 — Plans may cover more than one species etc.
A wildlife conservation plan made or adopted under this Subdivision may deal with all or any of the following: (a) one or more listed migratory species; (b) one or more listed marine species; (c) one…
Section 298 — Reports on preparation and implementation of plans
The Secretary must include in each annual report a report on the making and adoption under section 285 of each wildlife conservation plan during the year to which the report relates.
Section 299 — Wildlife conservation plans cease to have effect
If: (a) a wildlife conservation plan is in force for all or any of the following: (i) a listed migratory species; (ii) a listed marine species; (iii) a species of cetacean; and (b) the species…
Section 300 — Document may contain more than one plan
(1) All or any of the plans made under this Division may be included in the same document. (2) All or any of the plans adopted under this Division may be included in the same instrument of adoption.
Section 300A — State and Territory laws not affected
Sections 269A, 270A, 270B, 273 and 285 do not exclude or limit the concurrent operation of a law of a State or self-governing Territory.