Environment Protection and Biodiversity Conservation Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 341Y — Commonwealth Heritage management principles
(1) The regulations must prescribe principles for managing Commonwealth Heritage places. The principles prescribed are the Commonwealth Heritage management principles. (2) The regulations may…
Section 341Z — Obligation to assist the Minister and the Australian Heritage Council
A Commonwealth agency that owns or controls a place that has, or might have, one or more Commonwealth Heritage values must take all reasonable steps to assist the Minister and the Australian Heritage…
Section 342 — Simplified outline of this Division
The following is a simplified outline of this Division: Commonwealth reserves can be declared over areas of land or sea: (a) that the Commonwealth owns or leases; or (b) that are in a Commonwealth…
Section 343 — Simplified outline of this Subdivision
The following is a simplified outline of this Subdivision: The Governor-General can proclaim Commonwealth reserves over areas of land or sea: (a) that the Commonwealth owns; or (b) that the…
Section 344 — Declaring Commonwealth reserves
Declaring a Commonwealth reserve (1) The Governor-General may, by Proclamation, declare as a Commonwealth reserve: (a) an area of land: (i) that is owned by the Commonwealth in a Territory; or (ii)…
Section 345 — Extent of Commonwealth reserve
(1) A Commonwealth reserve includes: (a) land or seabed to the depth stated in the Proclamation declaring the Commonwealth reserve; and (b) the waters and seabed under any sea in the area declared as…
Section 345A — Commonwealth usage rights vest in Director
(1) When a Commonwealth reserve is declared, a usage right that relates to land or seabed in the reserve and is held by the Commonwealth vests in the Director, by force of this subsection. (2A)…
Section 346 — Content of Proclamation declaring Commonwealth reserve
Content of Proclamation (1) The Proclamation declaring an area to be a Commonwealth reserve must: (a) give a name to the reserve; and (b) state the purposes for which the reserve is declared; and (c)…
Section 347 — Assigning Commonwealth reserves and zones to IUCN categories
Before the Governor-General makes a Proclamation assigning a Commonwealth reserve, or a zone within a Commonwealth reserve, to a particular IUCN category, the Minister must be satisfied: (a) that the…
Section 348 — Australian IUCN reserve management principles
(1) The regulations must prescribe principles for each IUCN category. The principles prescribed for an IUCN category are the Australian IUCN reserve management principles for the category. (2) The…
Section 350 — Revocation and alteration of Commonwealth reserves
(1) The Governor-General may revoke or amend a Proclamation under this Subdivision by another Proclamation. Note: Section 351 sets out some prerequisites for making Proclamations. (2) Before the…
Section 351 — Report before making Proclamation
Minister must consider report before Proclamation made (1) Before the Governor-General makes a Proclamation under this Subdivision, the Minister must consider a report prepared by the Director on the…
Section 352 — What happens to Director’s usage rights when Commonwealth reserve is revoked
(1) This section applies in relation to land or seabed that ceases to be included in a Commonwealth reserve because of a Proclamation made under section 350, except a Proclamation that causes the…
Section 353 — Simplified outline of this Subdivision
The following is a simplified outline of this Subdivision: Many works cannot be carried out in a Commonwealth reserve unless permitted by a management plan. If there is not a management plan in force…
Section 354 — Activities that may be carried on only under management plan
(1) A person must not do one of the following acts in a Commonwealth reserve except in accordance with a management plan in operation for the reserve: (a) kill, injure, take, trade, keep or move a…
Section 354A — Offences relating to activities that may only be carried on under management plan
Causing death etc to native species or damage to heritage (1) A person commits an offence if: (a) the person takes an action; and (b) the action is taken in a Commonwealth reserve; and (c) the…
Section 355 — Limits on mining operations in Commonwealth reserves
(1) A person must not carry on mining operations in a Commonwealth reserve except in accordance with a management plan in operation for the reserve. Civil penalty: (a) for an individual—500 penalty…
Section 355A — Offence relating to mining operations
Offence of carrying on mining operations (1) A person commits an offence if: (a) the person carries on mining operations; and (b) the mining operations are carried on in a Commonwealth reserve.…
Section 356 — Regulations controlling activities relating to Commonwealth reserves
(1) The regulations may: (a) regulate or prohibit the pollution of soil, air or water in a manner that is, or is likely to be, harmful to: (i) people, biodiversity or heritage in Commonwealth…
Section 356A — Charges for activities in Commonwealth reserves
Subject to the approval of the Minister, the Director may determine and impose charges for: (a) entering or using a Commonwealth reserve or part of a Commonwealth reserve; and (b) using services or…
Section 357 — Managing Commonwealth reserves while a management plan is not in operation
(1) While a management plan is not in operation for a Commonwealth reserve, the Director must exercise the Director’s powers and perform the Director’s functions in relation to the reserve or to a…
Section 358 — Restriction on disposal of Director’s interests in Commonwealth reserves
(1) The Director must not sell or otherwise dispose of a usage right the Director holds in relation to land, sea or seabed in a Commonwealth reserve. (2) However, the Director may grant a lease or…
Section 359 — Prior usage rights relating to Commonwealth reserves continue to have effect
(1) None of the following provisions affect a usage right that was held by a person (other than the Commonwealth or the Director) in relation to land or seabed immediately before the land or seabed…
Section 359A — Traditional use of Commonwealth reserves by indigenous persons
(1) This Division and regulations made for the purposes of this Division do not prevent an indigenous person from continuing in accordance with law the traditional use of an area in a Commonwealth…
Section 359B — Director’s approval of actions and mining operations when a management plan is not in operation
Approval of actions (other than mining operations) (1) The Director may, in writing, approve the taking of a specified action or a specified class of actions, by a specified person or a specified…
Section 361 — Simplified outline of this Subdivision
The following is a simplified outline of this Subdivision: The Director must manage a Commonwealth reserve to give effect to a management plan for the reserve. If indigenous people think the Director…
Section 362 — Commonwealth and Commonwealth agencies to comply with management plan for Commonwealth reserve
(1) The Director must exercise the Director’s powers and perform the Director’s functions to give effect to a management plan that is in operation for a Commonwealth reserve. (2) The Commonwealth or…
Section 363 — Resolving disagreement between land council and Director over implementation of plan
Minister to resolve disagreement (1) If the Chair or Chairperson of a land council for indigenous people’s land in a jointly managed reserve and the Director disagree about whether the Director is…
Section 364 — Resolving disagreement between Director and Board over implementation of plan
(1) The Director must inform the Minister if the Director believes that: (a) a decision of a Board for a Commonwealth reserve is likely to be substantially detrimental to the good management of the…
Section 365 — Simplified outline of this Subdivision
The following is a simplified outline of this Subdivision: The Minister may approve a management plan for a Commonwealth reserve prepared by the Director and any Board for the reserve. Before the…
Section 366 — Obligation to prepare management plans for Commonwealth reserves
Plans required for Commonwealth reserves without Boards (1) The Director must prepare management plans for each Commonwealth reserve for which there is not a Board to try to ensure that a management…
Section 367 — Content of a management plan for a Commonwealth reserve
Mandatory content (1) A management plan for a Commonwealth reserve must provide for the protection and conservation of the reserve. In particular, the plan must: (a) assign the reserve to an IUCN…
Section 368 — Steps in preparing management plans for Commonwealth reserves
Overview of process (1) Before the Director gives the Minister a management plan for a Commonwealth reserve for approval: (a) the Director must publish under subsection (2) an invitation to comment…
Section 369 — Resolving disagreements between Director and Board in planning process
(1) The Director and the Board for a Commonwealth reserve must inform the Minister if they cannot agree on: (a) the content of a management plan they are preparing for the reserve; or (b) any changes…
Section 370 — Approval of management plans for Commonwealth reserves
Giving management plan to Minister for approval (1) The Director must give the Minister a management plan for a Commonwealth reserve for approval, but only if the Board (if any) for the reserve…
Section 371 — Approved management plans are legislative instruments
(1) A management plan for a Commonwealth reserve prepared by the Director, and the Board (if any) for the reserve, and approved by the Minister, is a legislative instrument made by the Minister on…
Section 372 — Amendment and revocation of management plans for Commonwealth reserves
A management plan for a Commonwealth reserve may amend or revoke and replace an earlier management plan for the reserve.
Section 373 — Expiry of management plans for Commonwealth reserves
A management plan for a Commonwealth reserve ceases to have effect 10 years after it took effect (unless it has already been revoked).
Section 374 — Simplified outline of this Subdivision
The following is a simplified outline of this Subdivision: The Minister must establish a Board for a Commonwealth reserve that is wholly or partly on indigenous people’s land, if the land council for…
Section 375 — Application
This Subdivision provides for Boards for Commonwealth reserves that consist of, or include, indigenous people’s land held under lease by the Director.
Section 376 — Functions of a Board for a Commonwealth reserve
(1) The functions of a Board established for a Commonwealth reserve are: (a) to make decisions relating to the management of the reserve that are consistent with the management plan in operation for…
Section 377 — Minister must establish Board if land council or traditional owners agree
(1) The Minister must establish a Board for a specified Commonwealth reserve by notice published in the Gazette and in the way (if any) prescribed by the regulations if he or she agrees on the…
Section 378 — Altering the constitution of a Board or abolishing a Board
Revoking and amending notice establishing Board (1) The Minister may, by notice in the Gazette: (a) revoke a notice under section 377 relating to the Board for the reserve; or (b) amend a notice…
Section 379 — Appointment of Board members
Appointment of persons (1) The Minister may, in writing, appoint a person on a part-time basis to a position of member of a Board if: (a) the person is qualified for appointment to the position; and…
Section 379A — Fit and proper person
In determining for the purposes of this Subdivision whether a person is a fit and proper person to be a member of a Board, the Minister may have regard to the matters specified in regulations made…
Section 380 — Terms and conditions
Term of office (1) A member of a Board holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. Note: Section 382 sets out the circumstances in…
Section 381 — Remuneration
(1) A member of a Board is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be…
Section 382 — Termination of appointments of Board members
Termination when person stops being qualified for appointment (1) The appointment of a person to a position of member of a Board is terminated when the person ceases to be qualified for appointment…
Section 383 — Procedure of a Board
(1) The regulations may provide for: (a) matters relating to the operation of a Board, including: (i) procedures for convening meetings of the Board; and (ii) procedures for determining who is to…
Section 384 — Simplified outline of this Subdivision
The following is a simplified outline of this Subdivision: Special rules apply to Commonwealth reserves in the Kakadu region, Uluru region and Jervis Bay Territory, affecting the activities that can…