Environment Protection and Biodiversity Conservation Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 300B — Assistance from the Scientific Committee
(1) The Minister may, at any time, ask the Scientific Committee to provide the Minister with a statement, information or advice for the purpose of assisting the Minister in the performance or…
Section 301 — Control of access to biological resources
(1) The regulations may provide for the control of access to biological resources in Commonwealth areas. (2) Without limiting subsection (1), the regulations may contain provisions about all or any…
Section 301A — Regulations for control of non-native species
The regulations may: (a) provide for the establishment and maintenance of a list of species, other than native species, whose members: (i) do or may threaten biodiversity in the Australian…
Section 302 — Aid for conservation of species in foreign countries
On behalf of the Commonwealth, the Minister may give financial assistance to the governments of foreign countries and organisations in foreign countries to help the recovery and conservation, in…
Section 302A — Exemption from provisions of this Part
(1) The Minister may, by written instrument, grant an exemption (a Part 13 exemption) for an action from a provision (including a regulation made under a provision) of this Part: (a) on the…
Section 302B — Effect of Part 13 exemption
While a Part 13 exemption from a provision is in force for an action, the provision does not apply in relation to the taking of the action if: (a) the action is taken by the person to whom the…
Section 302C — Application for Part 13 exemption
(1) The following may apply to the Minister (the Environment Minister) for a Part 13 exemption for an action: (a) the person who proposes to take the action; (b) if that person agrees in writing—a…
Section 302D — Grounds for grant of Part 13 exemption
(1) Before granting a Part 13 exemption for an action from a provision (including a regulation made under a provision) of this Part the Minister must be satisfied that: (a) if the exemption were not…
Section 302E — Conditions of Part 13 exemption
(1) The Minister may impose one or more conditions on a Part 13 exemption for an action from a provision if any of the following subsections apply. Conditions—general (2) The Minister is satisfied…
Section 302F — Notice of Part 13 exemption
(1) As soon as practicable after making a Part 13 exemption under section 302A, the Minister must: (a) give a copy of the exemption to: (i) the person to whom the exemption applies; and (ii) if a…
Section 302G — Variation of Part 13 exemption
(1) The Minister may, by written instrument, vary a Part 13 exemption: (a) on the Minister’s initiative; or (b) on application under section 302H. Note: The Minister may request information to make…
Section 302H — Application to vary Part 13 exemption
(1) The following may apply to the Minister to vary a Part 13 exemption: (a) the person to whom the exemption applies (the exempt person); (b) if a different person applied to the Minister for the…
Section 302J — Notice of variation of Part 13 exemption
(1) As soon as practicable after varying a Part 13 exemption under section 302G, the Minister must: (a) give a copy of the variation to: (i) the person to whom the exemption, as varied, applies; and…
Section 302K — Revocation of Part 13 exemption
(1) The Minister may, by written instrument, revoke a Part 13 exemption, on the Minister’s initiative, if the Minister reasonably believes that: (a) the exemption is no longer in the national…
Section 302L — Notice of revocation of Part 13 exemption
As soon as practicable after revoking a Part 13 exemption under section 302K, the Minister must: (a) give a copy of the revocation to: (i) the person to whom the exemption applied immediately before…
Section 302M — Surrender of Part 13 exemption
(1) A person to whom a Part 13 exemption applies may, in writing, request the Minister to accept the surrender of the exemption. (2) The Minister must decide whether to accept the surrender within 20…
Section 302N — Minister may request further information for making decision
(1) The Minister may request any of the following persons to provide specified information if the Minister is satisfied that the information is reasonably necessary in order for the Minister to make…
Section 303 — Regulations
(1) The regulations may make provision for the conservation of biodiversity in Commonwealth areas. (2) In particular, the regulations may prohibit or regulate actions affecting a member of a native…
Section 303AA — Conditions relating to accreditation of plans, regimes and policies
(1) This section applies to an accreditation of a plan, regime or policy under section 208A, 222A, 245 or 265. (2) The Minister may accredit a plan, regime or policy under that section even though he…
Section 303BA — Objects of Part
(1) The objects of this Part are as follows: (a) to ensure that Australia complies with its obligations under CITES and the Biodiversity Convention; (b) to protect wildlife that may be adversely…
Section 303BAA — Certain indigenous rights not affected
To avoid doubt, nothing in this Part prevents an indigenous person from continuing in accordance with law the traditional use of an area for: (a) hunting (except for the purposes of sale); or (b)…
Section 303CA — CITES specimens
(1) A specimen is a CITES specimen at any time while the specimen is a CITES I specimen, a CITES II specimen or a CITES III specimen. (2) A specimen is a CITES I specimen if: (a) the specimen belongs…
Section 303DA — Regulated native specimens
For the purposes of this Act, a regulated native specimen is a specimen that: (a) is, or is derived from, a native animal or a native plant; and (b) is not included in the list referred to in section…
Section 303EA — Regulated live specimens
For the purposes of this Act, a regulated live specimen is a specimen that: (a) is a live animal or a live plant; and (b) is not included in Part 1 of the list referred to in section 303EB.
Section 303FA — Eligible non-commercial purpose exports
For the purposes of this Part, the export of a specimen is an eligible non-commercial purpose export if, and only if: (a) the export of the specimen would be an export for the purposes of research in…
Section 303FLA — Export from an approved cultivation program
The export of a specimen is an export from an approved cultivation program in accordance with this section if the specimen was sourced from a program that, under the regulations, is taken to be an…
Section 303FRA — Assessments
(1) The regulations may prescribe an assessment process that is to be used for the purposes of sections 303FN, 303FO and 303FP to assess the potential impacts on the environment of: (a) a wildlife…
Section 303GA — Permit decision—controlled action, and action for which a non-Part 13A permit is required
(1) This section applies if: (a) an application is made under section 303CE, 303DE or 303EL for a permit (the first permit) to authorise the taking of an action (the proposed action); and (b) the…
Section 303AB — Amended policies, regimes or plans taken to be accredited
(1) If: (a) a plan, regime or policy is accredited under section 208A, 222A, 245 or 265; and (b) the plan, regime or policy is amended, or is proposed to be amended; and (c) the Minister is satisfied…
Section 303BB — Simplified outline
The following is a simplified outline of this Part: • This Part sets up a system for regulating the international movement of wildlife specimens. • A CITES specimen is a specimen of a species…
Section 303CB — Stricter domestic measures
(1) The Minister may, by legislative instrument, declare that: (a) a specimen that belongs to a species included in Appendix II or III to CITES is a CITES I specimen; or (b) a specimen that is not a…
Section 303DB — Listing of exempt native specimens
(1) The Minister must, by legislative instrument, establish a list of exempt native specimens. (2) For each specimen included in the list, there is to be a notation that states whether the inclusion…
Section 303EB — Listing of specimens suitable for live import
(1) The Minister must, by legislative instrument, establish a list of specimens that are taken to be suitable for live import. (2) The list is to be divided into 2 Parts, as follows: (a) Part 1 is to…
Section 303FB — Eligible non-commercial purpose imports
For the purposes of this Part, the import of a specimen is an eligible non-commercial purpose import if, and only if: (a) the import of the specimen would be an import for the purposes of research in…
Section 303GB — Exceptional circumstances permit
(1) If: (a) the Minister is considering an application by a person for a permit to be issued under section 303CG, 303DG or 303EN in relation to a specimen; and (b) under this Part, the Minister is…
Section 303BC — Definitions
In this Part, unless the contrary intention appears: eligible listed threatened species means a listed threatened species other than a species in the conservation dependent category. engage in…
Section 303CC — Exports of CITES specimens
(1) A person commits an offence if: (a) the person exports a specimen; and (b) the specimen is a CITES specimen. Penalty: Imprisonment for 10 years or 1,000 penalty units, or both. Authorised…
Section 303DC — Minister may amend list
(1) The Minister may, by legislative instrument, amend the list referred to in section 303DB by: (a) doing any of the following: (i) including items in the list; (ii) deleting items from the list;…
Section 303EC — Minister may amend list
(1) The Minister may, by legislative instrument, amend the list referred to in section 303EB by: (a) doing any of the following: (i) including items in a particular part of the list; (ii) deleting…
Section 303FC — Export or import for the purposes of research
(1) The export of a specimen is an export for the purposes of research in accordance with this section if: (a) the specimen will be used for the purpose of scientific research; and (b) the objects of…
Section 303GC — Permit authorising the Secretary to export or import specimens
(1) The Secretary may apply to the Minister for a permit to be issued under subsection (2). (2) The Minister may, on application made by the Secretary under subsection (1), issue a permit to the…
Section 303CD — Imports of CITES specimens
(1) A person commits an offence if: (a) the person imports a specimen; and (b) the specimen is a CITES specimen. Penalty: Imprisonment for 10 years or 1,000 penalty units, or both. Authorised…
Section 303DD — Exports of regulated native specimens
(1) A person commits an offence if: (a) the person exports a specimen; and (b) the specimen is a regulated native specimen. Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.…
Section 303ED — Amendment of list on the Minister’s own initiative
(1) The Minister may formulate a proposal for the list referred to in section 303EB to be amended by including an item. (2) Unless subsection (3) applies, the Minister must: (a) cause to be conducted…
Section 303FD — Export or import for the purposes of education
(1) The export of a specimen is an export for the purposes of education in accordance with this section if: (a) the specimen will be used for the purpose of education or training; and (b) the export…
Section 303GD — Testing permit—section 303EE assessments
Applications for permits (1) A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under subsection (5). (2) The application must be accompanied by the fee…
Section 303CE — Applications for permits
(1) A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under section 303CG. (2) The application must be accompanied by the fee (if any) prescribed by…
Section 303DE — Applications for permits
(1) A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under section 303DG. (2) The application must be accompanied by the fee (if any) prescribed by…
Section 303EE — Application for amendment of list
(1) A person may, in accordance with the regulations, apply to the Minister for the list referred to in section 303EB to be amended by including an item. (2) The Minister must not consider the…
Section 303FE — Export or import for the purposes of exhibition
(1) The export of a specimen is an export for the purposes of exhibition in accordance with this section if: (a) the specimen will be used for the purpose of an exhibition; and (b) the export is not…