Environment Protection and Biodiversity Conservation Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 303GE — Conditions of permits
(1) This section applies to a permit issued under this Part. (2) A permit is subject to such conditions as are specified in the permit or as are imposed under subsection (3). (3) The Minister may, in…
Section 303CF — Further information
(1) The Minister may, within 40 business days after the application is made, request the applicant to give the Minister, within the period specified in the request, further information for the…
Section 303DF — Further information
(1) The Minister may, within 40 business days after the application is made, request the applicant to give the Minister, within the period specified in the request, further information for the…
Section 303EF — Requirement for assessments
(1) The assessment under subsection 303ED(2) or 303EE(3) must provide for: (a) if the Minister determines that this paragraph applies—the preparation of terms of reference for a report on the…
Section 303FF — Export or import for conservation breeding or propagation
(1) The export of a specimen is an export for the purposes of conservation breeding or propagation in accordance with this section if: (a) the specimen is a live animal or a live plant; and (b) the…
Section 303GF — Contravening conditions of a permit
(1) This section applies to a permit issued under this Part. (2) A person commits an offence if: (a) the person is: (i) the holder of a permit; or (ii) a person to whom an authority under section…
Section 303CG — Minister may issue permits
(1) The Minister may, on application made by a person under section 303CE, issue a permit to the person. This subsection has effect subject to subsection (3). (2) A permit authorises its holder to…
Section 303DG — Minister may issue permits
(1) The Minister may, on application made by a person under section 303DE, issue a permit to the person. This subsection has effect subject to subsections (3) to (4A). (2) A permit authorises its…
Section 303EG — Timing of decision about proposed amendment
(1) If the Minister receives a report under section 303ED or 303EE in relation to a proposed amendment, the Minister must decide whether or not to make the proposed amendment within: (a) 30 business…
Section 303FG — Export or import of household pets
Export of live native animals (1) The export of a live native animal (other than a CITES specimen) is an export of a household pet in accordance with this section if: (a) the animal is included in…
Section 303GG — Authorities under permits
(1) This section applies to a permit issued under this Part. (2) Except as provided in this section, a permit does not authorise the taking of any action by a person for or on behalf of the holder of…
Section 303CH — Specific conditions relating to the export or import of CITES specimens for commercial purposes
(1) The following table sets out the conditions mentioned in paragraphs 303CG(3)(e) and (f): Specific conditions Item Category of specimen Action Specific conditions 1 CITES I Import (a) the proposed…
Section 303DH — Time limit for making permit decision
If an application for a permit is made under section 303DE, the Minister must either issue, or refuse to issue, the permit within 40 business days after whichever is the latest of the following days:…
Section 303EH — Requesting further information
(1) If: (a) section 303EE applies; and (b) the Minister believes on reasonable grounds that he or she does not have enough information to make an informed decision whether or not to make the proposed…
Section 303FH — Export or import of personal items
(1) The export of a specimen is an export of a personal item in accordance with this section if: (a) the specimen is not a live specimen; and (b) the export is not primarily for commercial purposes;…
Section 303GH — Transfer of permits
(1) This section applies to a permit issued under this Part. (2) On the application, in accordance with the regulations, of the holder of a permit, the Minister may, in accordance with the…
Section 303CI — Time limit for making permit decision
If an application for a permit is made under section 303CE, the Minister must either issue, or refuse to issue, the permit within 40 business days after whichever is the latest of the following days:…
Section 303DI — Duration of permits
A permit under section 303DG: (a) comes into force on the date on which it is issued; and (b) unless it is sooner cancelled, remains in force until all of the following periods have ended: (i) the…
Section 303EI — Notice of refusal of proposed amendment
If section 303EE applies and the Minister refuses to make the proposed amendment, the Minister must give the applicant notice of the refusal.
Section 303FI — Export or import for the purposes of a travelling exhibition
(1) The export of a specimen is an export for the purposes of a travelling exhibition in accordance with this section if: (a) the export is not primarily for commercial purposes; and (b) the…
Section 303GI — Suspension or cancellation of permits
(1) This section applies to a permit issued under this Part. (2) The Minister may, in accordance with the regulations: (a) suspend a permit for a specified period; or (b) cancel a permit.
Section 303CJ — Duration of permits
A permit under section 303CG: (a) comes into force on the date on which it is issued; and (b) unless it is sooner cancelled, remains in force until all of the following periods have ended: (i) the…
Section 303DJ — Register of applications and decisions
(1) As soon as practicable after the commencement of this section, the Minister must cause to be established a register that sets out: (a) prescribed particulars of applications made under section…
Section 303EJ — Reviews
If, following consideration of a relevant report under section 303ED or 303EE, the Minister has made a decision to include, or refusing to include, an item in the list referred to in section 303EB,…
Section 303FJ — Eligible commercial purpose exports
For the purposes of this Part, the export of a specimen is an eligible commercial purpose export if, and only if: (a) the export of the specimen would be an export from an approved captive breeding…
Section 303GJ — Review of decisions
(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 303CK — Register of applications and decisions
(1) As soon as practicable after the commencement of this section, the Minister must cause to be established a register that sets out: (a) prescribed particulars of applications made under section…
Section 303EK — Imports of regulated live specimens
(1) A person commits an offence if: (a) the person imports a specimen; and (b) the specimen is a regulated live specimen. Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.…
Section 303FK — Export or import from an approved captive breeding program
(1) The export of a specimen is an export from an approved captive breeding program in accordance with this section if the specimen was sourced from a program that, under the regulations, is taken to…
Section 303GK — Permit to be produced
Export permit (1) For the purposes of this Part, if the holder of a permit to export a specimen exports that specimen, he or she is not to be taken to have exported that specimen in accordance with…
Section 303CL — Application of CITES—Management Authority and Scientific Authority
For the purposes of the application of CITES to Australia: (a) the Minister is the Management Authority; and (b) the Secretary is the Scientific Authority.
Section 303EL — Applications for permits
(1) A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under section 303EN. (2) The application must be accompanied by the fee (if any) prescribed by…
Section 303FL — Export from an approved artificial propagation program
The export of a specimen is an export from an approved artificial propagation program in accordance with this section if the specimen was sourced from a program that, under the regulations, is taken…
Section 303GL — Pre-CITES certificate to be produced
Export certificate (1) If a person exports a specimen and wishes to rely on a certificate issued under subsection 303CC(5), he or she is not entitled to rely on that certificate unless, before…
Section 303CM — Interpretation of CITES provisions
(1) Except so far as the contrary intention appears, an expression that: (a) is used in the CITES provisions without definition; and (b) is used in CITES (whether or not it is defined in, or a…
Section 303EM — Further information
(1) The Minister may, within 40 business days after the application is made, request the applicant to give the Minister, within the period specified in the request, further information for the…
Section 303FM — Export from an approved aquaculture program
The export of a specimen is an export from an approved aquaculture program in accordance with this section if the specimen was sourced from a program that, under the regulations, is taken to be an…
Section 303GM — Fees
(1) This section applies to a permit under this Part. (2) Such fees (if any) as are prescribed are payable in respect of the following: (a) the issue or the transfer of a permit; (b) the variation or…
Section 303CN — Resolutions of the Conference of the Parties to CITES
(1) In making a decision under this Part in relation to a CITES specimen, the Minister may have regard to a relevant resolution of the Conference of the Parties under Article XI of CITES. (2)…
Section 303EN — Minister may issue permits
(1) The Minister may, on application made by a person under section 303EL, issue a permit to the person. This subsection has effect subject to subsection (3). (2) A permit authorises its holder to…
Section 303FN — Approved wildlife trade operation
(1) The export of a specimen is an export in accordance with an approved wildlife trade operation if the specimen is, or is derived from, a specimen that was taken in accordance with a wildlife trade…
Section 303GN — Possession of illegally imported specimens
Object (1) The object of this section is: (a) to comply with Australia’s obligations under: (i) the Biodiversity Convention; and (ii) CITES; and (b) to otherwise further the objects of this Part; by…
Section 303EO — Time limit for making permit decision
If an application for a permit is made under section 303EL, the Minister must either issue, or refuse to issue, the permit within 40 business days after whichever is the latest of the following days:…
Section 303FO — Approved wildlife trade management plan
(1) The export of a specimen is an export in accordance with an approved wildlife trade management plan if the specimen is, or is derived from, a specimen that was taken in accordance with a plan…
Section 303GO — Regulations relating to welfare
(1) This section applies to regulations made for the purposes of paragraph 303CG(3)(c), 303DG(4)(b), 303EN(3)(e), 303FN(3)(c) or 303FO(3)(f). (2) The conditions specified in those regulations in…
Section 303EP — Duration of permits
A permit under section 303EN: (a) comes into force on the date on which it is issued; and (b) unless it is sooner cancelled, remains in force until all of the following periods have ended: (i) the…
Section 303FP — Accredited wildlife trade management plan
(1) The export of a specimen is an export in accordance with an accredited wildlife trade management plan if the specimen is, or is derived from, a specimen that was taken in accordance with a plan…
Section 303GP — Cruelty—export or import of animals
(1) A person commits an offence if: (a) the person exports or imports a live animal in a manner that subjects the animal to cruel treatment; and (b) the person knows that, or is reckless as to…
Section 303EQ — Register of applications and decisions
(1) As soon as practicable after the commencement of this section, the Minister must cause to be established a register that sets out: (a) prescribed particulars of applications made under section…
Section 303FQ — Consultation with State and Territory agencies
Before making a declaration under section 303FO or 303FP, the Minister must consult a relevant agency of each State and self-governing Territory affected by the declaration.