Environment Protection and Biodiversity Conservation Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 385 — Activities in Commonwealth reserve without management plan
When a management plan is not in operation for a particular Commonwealth reserve wholly or partly in the Kakadu region, Uluru region or Jervis Bay Territory, the Director may perform the Director’s…
Section 386 — What are the Kakadu region and the Uluru region?
(1) The Kakadu region is the part of the Alligator Rivers Region (as defined in the Environment Protection (Alligator Rivers Region) Act 1978) that excludes: (a) the area shown as the Arnhem Land…
Section 387 — No mining operations in Kakadu National Park
(1) A person must not carry out mining operations in Kakadu National Park. (2) Subsection (1) does not prevent: (a) the use, development or reconstruction of the township known as Jabiru; or (b) the…
Section 388 — Establishment and development of townships in the Kakadu region and Uluru region
(1) A person may use or develop a township in a part of a Commonwealth reserve, but only if: (a) the part is in the Kakadu region or the Uluru region; and (b) the person does so in accordance with:…
Section 389 — Planning for townships
Management plan provisions (1) The provisions of a management plan for a Commonwealth reserve that relate to a township must include provisions for and in relation to the use and development of the…
Section 390 — Special rules to protect Aboriginal interests in planning process
(1) This section sets out some extra rules about the process of preparing management plans for a Commonwealth reserve wholly or partly within the Kakadu region, the Uluru region or Jervis Bay…
Section 390A — Appointment of Northern Territory nominee to Board
(1) This section makes special provision for the appointment of a person nominated by the Northern Territory as a member of the Board for a Commonwealth reserve consisting wholly or mostly of…
Section 390SA — Civil penalty—declared commercial fishing activities
A person must not engage in a declared commercial fishing activity in a Commonwealth marine area. Civil penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty…
Section 390B — Simplified outline of this Division
The following is a simplified outline of this Division: The Governor-General can proclaim a Commonwealth area to be a conservation zone, to protect biodiversity in the area while it is being assessed…
Section 390SB — Offence—declared commercial fishing activities
(1) A person commits an offence if: (a) the person takes an action; and (b) the action is taken in a Commonwealth marine area; and (c) the action is a declared commercial fishing activity. Penalty:…
Section 390C — Object of this Division
The object of this Division is to provide for the protection of biodiversity, other natural features and heritage in Commonwealth areas while they are being assessed for inclusion in a Commonwealth…
Section 390SC — What is a declared commercial fishing activity?
(1) A declared commercial fishing activity is a commercial fishing activity that is specified in: (a) an interim declaration that is in force under section 390SD; or (b) a final declaration that is…
Section 390D — Proclamation of conservation zones
(1) The Governor-General may, by Proclamation, declare a Commonwealth area outside a Commonwealth reserve to be a conservation zone. (2) Before the Governor-General makes a Proclamation declaring a…
Section 390SD — Interim declaration
Making an interim declaration (1) The Minister may, by legislative instrument, make a declaration (an interim declaration) that a specified commercial fishing activity is a declared commercial…
Section 390E — Regulating activities generally
(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 conservation zones;…
Section 390SE — Consultation
(1) As soon as is practicable after making an interim declaration under section 390SD declaring that a specified commercial fishing activity is a declared commercial fishing activity, the Minister…
Section 390F — Charges for activities in conservation zones
Subject to the approval of the Minister, the Director may determine and impose charges for using services or facilities provided by the Director in or in connection with a conservation zone.
Section 390SF — Final declaration
Making a final declaration (1) The Minister may, by legislative instrument, make a declaration (a final declaration) that a specified commercial fishing activity is a declared commercial fishing…
Section 390G — Other laws and regulations made for this Division
Regulations regulating aircraft subject to other Commonwealth laws (1) A provision of the regulations regulating the flying of aircraft over a conservation zone does not have any effect so far as it…
Section 390SG — Revoking an interim or final declaration
(1) The Minister may, by legislative instrument, revoke: (a) an interim declaration under section 390SD; or (b) a final declaration under section 390SF. (2) A revocation under subsection (1) comes…
Section 390H — Prior usage rights relating to conservation zones continue to have effect
(1) None of the following provisions affect a usage right that was held by a person (other than the Commonwealth) in relation to land or seabed immediately before the land or seabed was included in a…
Section 390SH — Establishment of expert panel
(1) As soon as is practicable after making a final declaration under section 390SF declaring that a specified commercial fishing activity is a declared commercial fishing activity, the Minister must:…
Section 390SI — Terms and conditions
The Minister must determine, in writing, the terms and conditions applicable to members of the expert panel, including terms and conditions relating to: (a) term of office; and (b) remuneration; and…
Section 390J — Revoking and altering conservation zones
Proclamations to revoke or amend declaring Proclamation (1) The Governor-General may, by Proclamation, revoke or amend a Proclamation made under section 390D (declaring a Commonwealth area to be a…
Section 390SJ — Procedure for assessment
(1) The expert panel must comply with the terms of reference in conducting the assessment. (2) Subject to subsection (1), the expert panel may determine the procedure to be followed in its assessment.
Section 390K — The List of Overseas Places of Historic Significance to Australia
(1) The Minister must keep a written record of places in accordance with this Part. The record is called the List of Overseas Places of Historic Significance to Australia. (2) The List of Overseas…
Section 390SK — Timing of the report
The expert panel must give the Minister the report on the assessment on the date specified by the Minister in the terms of reference.
Section 390L — Inclusion of places in the List of Overseas Places of Historic Significance to Australia
(1) The Minister may, by notice published in the Gazette, include a place, and a statement of its historic significance to Australia, in the List of Overseas Places of Historic Significance to…
Section 390SL — Publication of the report
The Minister must: (a) publish a copy of the report on the Department’s website within 20 business days after the day the Minister receives the report; and (b) cause a copy of the report to be laid…
Section 390M — Removal of places from the List of Overseas Places of Historic Significance to Australia or variation of statement of historic significance
(1) The Minister may, by notice published in the Gazette, do either of the following in relation to a place that is included in the List of Overseas Places of Historic Significance to Australia: (a)…
Section 390SM — Sunsetting of this Part
New declarations under this Part may not be made 12 months after the day the Environment Protection and Biodiversity Conservation Amendment (Declared Commercial Fishing Activities) Act 2012 commences.
Section 390N — Inviting comments from other Ministers before taking action
(1) Before taking action in relation to a place under section 390L or 390M, the Minister (the Environment Minister) must: (a) inform the following other Ministers of the action the Environment…
Section 390P — Minister may ask Australian Heritage Council for advice etc.
(1) The Minister may ask the Australian Heritage Council for advice relating to action that the Minister is considering taking under section 390L or 390M in relation to a place, and may take that…
Section 390Q — List of Overseas Places of Historic Significance to Australia to be publicly available
The Minister must ensure that: (a) up-to-date copies of the List of Overseas Places of Historic Significance to Australia are available for free to the public on request; and (b) an up-to-date copy…
Section 390R — Disclosure of Australian Heritage Council’s assessments and advice
(1) A member of the Australian Heritage Council has a duty not to disclose advice under section 390P to a person other than the Minister, an employee in the Department whose duties relate to the…
Section 391 — Minister must consider precautionary principle in making decisions
Taking account of precautionary principle (1) The Minister must take account of the precautionary principle in making a decision listed in the table in subsection (3), to the extent he or she can do…
Section 392 — Appointment of wardens and rangers
The Minister may, in writing, appoint: (a) an officer or employee of the Department; or (b) a person covered by an arrangement made under section 393; to be a warden or ranger.
Section 393 — Arrangements for certain officers or employees to exercise powers etc. of wardens or rangers
(1) The Secretary may make arrangements with an Agency Head (within the meaning of the Public Service Act 1999), or with an authority of the Commonwealth, for the performance or exercise of all or…
Section 394 — Wardens ex officio
By force of this section each of the following is a warden: (a) each member or special member of the Australian Federal Police; (b) each officer of Customs.
Section 395 — Identity cards
(1) The Minister must issue to each warden (except a member of a police force or an officer of Customs) and to each ranger, an identity card, in a form approved by the Minister, containing a…
Section 396 — Appointment of inspectors
(1) The Minister may, in writing, appoint a person to be an inspector. (2) The Minister may make a written determination that a specified person, or a person included in a specified class of persons,…
Section 397 — Inspectors ex officio
(1) By force of this section each of the following is an inspector: (a) each member or special member of the Australian Federal Police; (b) each person appointed as an inspector under subsection…
Section 398 — Arrangements for State and Territory officers to be inspectors
(1) The Minister may enter into an arrangement with the appropriate Minister of a State or of the Australian Capital Territory or of the Northern Territory for: (a) officers or employees of the…
Section 399 — Identity cards
(1) The Minister must issue to an inspector an identity card in a form approved by the Minister, containing a photograph of the person to whom it is issued. (1A) Subsection (1) does not apply in…
Section 399A — Powers to be exercised consistently with UNCLOS
(1) This section applies in relation to the powers of an authorised officer under this Part (including powers an authorised officer has under or because of a search warrant or a monitoring warrant),…
Section 399B — Certain powers to be exercised only by certain authorised officers
(1) The powers of an authorised officer in relation to: (a) an offence against an environmental law that is the Great Barrier Reef Marine Park Act 1975 or regulations made under that Act; or (b) an…
Section 400 — Regulations may give wardens, rangers and inspectors extra powers, functions and duties
The regulations may provide for functions and powers to be conferred, and duties to be imposed, on wardens, rangers and inspectors.
Section 401 — Impersonating authorised officers and rangers
(1) A person commits an offence if: (a) the person: (i) impersonates an authorised officer or a ranger on an occasion; and (ii) does so knowing it to be an occasion when the officer or ranger would…
Section 402 — Offences against authorised officers and rangers
(1) A person commits an offence if the person: (a) uses or threatens violence against another person; and (b) does so knowing that the other person is an authorised officer or a ranger; and (c) does…
Section 403 — Boarding of vessels etc. by authorised officers
(1) This section applies to: (a) any Australian vessel or Australian aircraft, whether or not it is in the Australian jurisdiction; or (b) any other vessel or aircraft, or any vehicle or platform,…