Environment Protection and Biodiversity Conservation Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 303GQ — Imports of specimens contrary to the laws of a foreign country
(1) A person must not intentionally import a specimen if the person knows that: (a) the specimen was exported from a foreign country; and (b) at the time the specimen was exported, the export of the…
Section 303ER — Object
The object of this Subdivision is: (a) to comply with Australia’s obligations under: (i) the Biodiversity Convention; and (ii) CITES; and (b) otherwise to further the protection and conservation of…
Section 303FR — Public consultation
(1) Before making a declaration under section 303FN, 303FO or 303FP, the Minister must cause to be published on the internet a notice: (a) setting out the proposal to make the declaration; and (b)…
Section 303GR — Evidence
(1) In any proceedings for an offence against this Part: (a) any record kept in accordance with the regulations or another law of the Commonwealth or a law of a State or Territory is admissible as…
Section 303ES — Specimens to which Subdivision applies
This Subdivision applies to a regulated live specimen if: (a) the specimen has been imported in accordance with: (i) a permit under this Division; or (ii) a permit or authority under the Wildlife…
Section 303FS — Register of declarations
(1) The Minister must cause to be maintained a register that sets out declarations made under section 303FN, 303FO or 303FP. (2) The register may be maintained by electronic means. (3) The register…
Section 303GS — Evidence of examiner
(1) The Minister may, by writing, appoint appropriately qualified persons to be examiners for the purposes of this Part. (2) Subject to subsection (4), a certificate signed by an examiner appointed…
Section 303ET — Extended meaning of marking
A reference in this Subdivision to the marking of a specimen includes a reference to the following: (a) in the case of a live plant: (i) the marking or labelling of a container in which the plant is…
Section 303FT — Additional provisions relating to declarations
(1) This section applies to a declaration under section 303FN, 303FO or 303FP. (2) A declaration may be made: (a) on the Minister’s own initiative; or (b) on written application being made to the…
Section 303GT — Protection of witness
(1) A witness for the prosecution in any proceedings for an offence against this Part is not to be compelled to disclose: (a) the fact that the witness received any information; or (b) the nature of…
Section 303EU — Secretary may make determinations about marking of specimens
Determinations (1) The Secretary may, by legislative instrument, make a determination about the marking of specified kinds of specimens for the purposes of identification. Matters that may be covered…
Section 303FU — Approved commercial import program
The import of a specimen is an import from an approved commercial import program in accordance with this section if the specimen is sourced from a program that, under the regulations, is taken to be…
Section 303GU — Forms and declarations—persons arriving in Australia or an external Territory
The regulations may provide for forms to be completed, or declarations to be made, in relation to specimens by persons arriving in Australia or an external Territory.
Section 303EV — Offences
Owner to ensure specimens marked etc. (1) If a determination under section 303EU applies to a specimen, the owner of the specimen must comply with the determination. Person not to remove or interfere…
Section 303GV — Saving of other laws
(1) This Part is in addition to the following laws: (a) the Customs Act 1901; (b) the Biosecurity Act 2015; (c) any other law of the Commonwealth or of an external Territory, whether passed or made…
Section 303EW — This Subdivision does not limit conditions of permits
This Subdivision does not limit section 303GE (which deals with conditions of permits).
Section 303GW — Part not to apply to certain specimens
Transhipment (1) For the purposes of this Part, if a specimen is brought into Australia from a country: (a) for the purpose of transhipment to another country; or (b) as part of an aircraft’s stores…
Section 303GX — Part not to apply to certain specimens used by traditional inhabitants
(1) In this section: area in the vicinity of the Protected Zone means an area in respect of which a notice is in force under subsection (2). Australian place means a place in Australia that is in the…
Section 303GY — When a specimen is lawfully imported
For the purposes of this Part, a specimen is lawfully imported if, and only if, it was imported and: (a) in a case where the specimen was imported after the commencement of this Part—it was not…
Section 304 — Object of this Part
(1) The object of this Part is to provide for: (a) conservation agreements between the Commonwealth and persons related to the protection and conservation of the following: (i) biodiversity; (ii) the…
Section 305 — Minister may enter into conservation agreements
(1) The Minister may, on behalf of the Commonwealth, enter into an agreement (a conservation agreement) with a person for the protection and conservation of all or any of the following: (a)…
Section 306 — Content of conservation agreements
(1) Without limiting section 305, a conservation agreement may provide, for example, for all or any of the following: (a) activities that promote the protection and conservation of all or any of the…
Section 306A — Conservation agreement may include declaration that actions do not need approval under Part 9
(1) A conservation agreement may include a declaration to the effect that actions in a specified class do not need approval under Part 9 for the purposes of a specified provision of Part 3. The…
Section 307 — Conservation agreements to be legally binding
A conservation agreement is legally binding on: (a) the Commonwealth; and (b) the person or persons with whom the Minister entered into the agreement on behalf of the Commonwealth; and (c) anyone…
Section 307A — Conservation agreements may deal with remediation or mitigation measures
When this section applies (1) This section applies if the Minister considers that an action taken by a person after the commencement of this section contravened, or may have contravened, a provision…
Section 308 — Variation and termination of conservation agreements
(1) A conservation agreement may be varied by a variation agreement entered into by the Minister, on behalf of the Commonwealth, and the person or persons bound by the conservation agreement under…
Section 309 — Publication of conservation agreements
(1) As soon as practicable after a conservation agreement has been entered into or varied, other than by an order under subsection 308(4), the Minister must: (a) take reasonable steps to ensure that…
Section 310 — List of conservation agreements
The Minister must: (a) maintain an up-to-date list of conservation agreements that are in force; and (b) take reasonable steps to ensure that copies of the list are available for purchase, for a…
Section 311 — Commonwealth, State and Territory laws
(1) A provision of a conservation agreement has no effect to the extent (if any) to which it is inconsistent with a law of the Commonwealth, or of a State or Territory. (2) For the purposes of…
Section 312 — Minister must not give preference
The Minister must not, in exercising powers on behalf of the Commonwealth under this Part, give preference to one State or any part thereof within the meaning of section 99 of the Constitution.
Section 313 — Simplified outline of this Division
The following is a simplified outline of this Division: The Commonwealth may submit a property for inclusion in the World Heritage List only after seeking the agreement of relevant States,…
Section 314 — Special provisions relating to World Heritage nominations
(1) The Commonwealth may submit to the World Heritage Committee for inclusion in the World Heritage List a property containing an area owned or occupied by another person only if the Minister is…
Section 315 — Minister must give notice of submission of property for listing etc.
(1) The Minister must give notice in the Gazette and in the way (if any) prescribed by the regulations of any of the following events as soon as practicable after the event occurs: (a) the…
Section 316 — Making plans
Minister must make plan (1) The Minister must make a written plan for managing a property that is included in the World Heritage List and is entirely within one or more Commonwealth areas. The…
Section 317 — Notice of plans
The Minister must give notice of the making of a plan under section 316, in accordance with the regulations.
Section 318 — Commonwealth compliance with plans
(1) The Commonwealth or a Commonwealth agency must not: (a) contravene a plan made under section 316; or (b) authorise another person to do, or omit to do, anything that, if it were done or omitted…
Section 319 — Review of plans every 5 years
(1) The Minister must cause a review of a plan made under section 316 to be carried out at least once in each period of 5 years after the plan is made. (2) The review must consider whether the plan…
Section 320 — Application
This Subdivision applies in relation to a property that: (a) is: (i) in a State; or (ii) in a self-governing Territory; or (iii) on, over or under the seabed vested in a State by the Coastal Waters…
Section 321 — Co-operating to prepare and implement plans
(1) This section applies in relation to a property that is included in the World Heritage List. (2) The Commonwealth must use its best endeavours to ensure a plan for managing the property in a way…
Section 322 — Commonwealth responsibilities
(1) This section applies in relation to a property that is a declared World Heritage property. (2) The Commonwealth and each Commonwealth agency must take all reasonable steps to ensure it exercises…
Section 323 — Australian World Heritage management principles
(1) The regulations must prescribe principles for the management of natural heritage and cultural heritage. The principles prescribed are the Australian World Heritage management principles. (2)…
Section 324 — Commonwealth assistance for protecting declared World Heritage properties
(1) The Commonwealth may give financial or other assistance for the protection or conservation of a declared World Heritage property to: (a) a State or self-governing Territory in which the property…
Section 324A — Simplified outline of this Division
The following is a simplified outline of this Division: The Minister may only include a place in the National Heritage List if the Minister is satisfied that the place has one or more National…
Section 324JA — Minister to give nominations to Australian Heritage Council
Nominations in relation to first assessment period (1) Within 30 business days after the cut-off date specified in the notice under subsection 324J(1) for the first assessment period, the Minister…
Section 324ZA — Protecting National Heritage values of places sold or leased
(1) This section applies if a Commonwealth agency executes a contract for the sale or lease to someone else of a Commonwealth area in the Australian jurisdiction that is or includes all or part of a…
Section 324JB — Australian Heritage Council to prepare proposed priority assessment list
(1) Within 40 business days after the Australian Heritage Council receives the nominations as required by subsection 324JA(1) in relation to an assessment period, the Council must prepare and give to…
Section 324ZB — Commonwealth assistance for protecting National Heritage places
(1) The Commonwealth may give financial or other assistance for the identification, promotion, protection or conservation of a National Heritage place to: (a) a State or self-governing Territory in…
Section 324C — The National Heritage List
(1) The Minister must keep a written record of places and their heritage values in accordance with this Subdivision and Subdivisions BA, BB and BC. The record is called the National Heritage List.…
Section 324JC — Matters to be included in proposed priority assessment list
(1) The proposed priority assessment list for an assessment period is to include, for each place in the list: (a) a description of the place; and (b) an assessment completion time; and (c) any other…
Section 324ZC — Reviewing and reporting on the National Heritage List
(1) At least once in every 5 year period after the National Heritage List is established, the Minister must ensure that: (a) a review of the National Heritage List is carried out; and (b) a report of…