Environment Protection and Biodiversity Conservation Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 27B — Requirement for approval of actions with significant impact on Commonwealth Heritage places overseas
(1) A person must not take outside the Australian jurisdiction an action that has, will have or is likely to have a significant impact on the environment in a Commonwealth Heritage place outside the…
Section 27C — Offences relating to Commonwealth Heritage places overseas
(1) A person commits an offence if: (a) the person takes an action; and (b) the action is taken outside the Australian jurisdiction; and (c) the action results or will result in a significant impact…
Section 28 — Requirement for approval of activities of Commonwealth agencies significantly affecting the environment
(1) The Commonwealth or a Commonwealth agency must not take inside or outside the Australian jurisdiction an action that has, will have or is likely to have a significant impact on the environment…
Section 28AA — Actions that are taken to be covered by this Division
(1) The regulations may provide that a specified action is taken to be an action to which a specified regulatory provision applies. Note: For specification by class, see subsection 13(3) of the…
Section 28AB — Limitation on liability for actions of third parties
(1) A provision mentioned in subsection (2) or (3) does not apply to an action (the primary action) if: (a) a person (the primary person) takes the action; and (b) as a consequence of the primary…
Section 29 — Actions declared by agreement not to need approval
(1) A person may take an action described in a provision of Part 3, other than section 24D or 24E, without an approval under Part 9 for the purposes of the provision if: (a) the action is taken in a…
Section 30 — Information to be provided before carrying out identification tests
(1) Before carrying out an identification test, the approved officer must: (a) inform the non-citizen that the non-citizen may ask that an independent person be present while the identification test…
Section 31 — Extended operation in non-self-governing Territories
A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if: (a) the action is taken in a Territory (the action Territory)…
Section 32 — Use of force in carrying out identification tests
When use of force is permitted (1) Subject to subclause (2) and clause 33, an approved officer, or a person authorised under clause 34 to help the approved officer, may use reasonable force: (a) to…
Section 33 — Making declaration that actions do not need approval under Part 9
Declaration of actions not needing approval (1) The Minister may declare in writing that actions in a class of actions specified in the declaration wholly or partly by reference to the fact that…
Section 34 — What is matter protected by a provision of Part 3?
The matter protected by a provision of Part 3 specified in column 2 of an item of the following table is the thing specified in column 3 of the item. Matter protected by provisions of Part 3 Item…
Section 34A — Minister may only make declaration if prescribed criteria are met
The Minister may make a declaration under section 33 only if the Minister is satisfied that the declaration: (a) accords with the objects of this Act; and (b) meets the requirements (if any)…
Section 34BA — Declarations relating to National Heritage places
(1) The Minister may make a declaration under section 33 relating to a National Heritage place only if: (a) the Minister is satisfied that the declaration will promote the management of the place in…
Section 34B — Declarations relating to declared World Heritage properties
(1) The Minister may make a declaration under section 33 relating to a declared World Heritage property only if: (a) the Minister is satisfied that the declaration is not inconsistent with…
Section 34C — Declarations relating to declared Ramsar wetlands
(1) The Minister may make a declaration under section 33 relating to a declared Ramsar wetland only if: (a) the Minister is satisfied that the declaration is not inconsistent with Australia’s…
Section 34D — Declarations relating to listed threatened species and ecological communities
(1) The Minister may make a declaration under section 33 relating to a listed threatened species or a listed threatened ecological community only if: (a) the Minister is satisfied that the…
Section 34E — Declarations relating to migratory species
(1) The Minister may make a declaration under section 33 relating to a listed migratory species only if: (a) the Minister is satisfied that the declaration is not inconsistent with the Commonwealth’s…
Section 34F — Declarations relating to Commonwealth Heritage places
(1) The Minister may make a declaration under section 33 relating to a Commonwealth Heritage place only if: (a) the Minister is satisfied that the declaration will promote the management of the place…
Section 35 — Revoking declarations
Revoking declarations (1) The Minister may, by written instrument, revoke a declaration made under section 33. Revocation does not affect some actions (2) If: (a) a declaration made under section 33…
Section 36 — Other rules about declarations
Minister must not give preference (1) In making a declaration or accrediting a management arrangement or authorisation process under section 33, or revoking a declaration under section 35, relating…
Section 36A — Minor amendments of accredited management arrangement or accredited authorisation process
(1) If: (a) a management arrangement or an authorisation process is an accredited management arrangement or an accredited authorisation process; and (b) the management arrangement or authorisation…
Section 37 — Actions declared by Minister not to need approval
A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if: (a) the action is an action, or one of a class of actions,…
Section 37A — Making declarations that actions do not need approval under Part 9
Subject to Subdivisions C and D, the Minister may, by legislative instrument, declare that an action or class of actions specified in the declaration, wholly or partly by reference to the fact that…
Section 37B — General considerations
(1) In deciding whether to make a declaration under section 37A, the Minister must consider the following, so far as they are not inconsistent with any other requirements of this Subdivision: (a)…
Section 37C — Minister may make declaration only if prescribed criteria are met
The Minister may make a declaration under section 37A only if the Minister is satisfied that the declaration: (a) accords with the objects of this Act; and (b) meets the requirements (if any)…
Section 37D — Declarations relating to declared World Heritage properties
The Minister may make a declaration under section 37A relating to a declared World Heritage property only if: (a) the Minister is satisfied that the declaration is not inconsistent with Australia’s…
Section 37E — Declarations relating to National Heritage places
The Minister may make a declaration under section 37A relating to a National Heritage place only if: (a) the Minister is satisfied that the declaration will promote the management of the place in…
Section 37F — Declarations relating to declared Ramsar wetlands
The Minister may make a declaration under section 37A relating to a declared Ramsar wetland only if: (a) the Minister is satisfied that the declaration is not inconsistent with Australia’s…
Section 37G — Declarations relating to listed threatened species and ecological communities
The Minister may make a declaration under section 37A relating to a listed threatened species or a listed threatened ecological community only if: (a) the Minister is satisfied that the declaration…
Section 37H — Declarations relating to listed migratory species
The Minister may make a declaration under section 37A relating to a listed migratory species only if: (a) the Minister is satisfied that the declaration is not inconsistent with whichever of the…
Section 37J — No declarations relating to nuclear actions
(1) The Minister must not make a declaration relating to an action consisting of, or involving the construction or operation of, any of the following nuclear installations: (a) a nuclear fuel…
Section 37K — Revoking declarations
Revoking declarations (1) The Minister may, by legislative instrument, revoke a declaration made under section 37A. Revocation does not affect some actions (2) If: (a) a declaration made under…
Section 37L — Other rules about declarations
Minister must not give preference (1) In making a declaration under section 37A, or revoking a declaration under section 37K, relating to an action taken: (a) by a person for the purposes of trade or…
Section 37M — Actions declared by conservation agreement not to need approval
A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if: (a) the action is included in a class of actions declared in a…
Section 38 — Retesting
When retesting is permitted (1) If: (a) an approved officer has carried out an identification test (the earlier test) on a non-citizen in accordance with this Division (including a test authorised…
Section 39 — Definitions
In this Subdivision, unless the contrary intention appears: permitted provision, of a video recording, has the meaning given by subclause 42(2). provide, in relation to a video recording, includes…
Section 40 — Forestry operations in regions not yet covered by regional forest agreements
(1) A person may undertake forestry operations in an RFA region in a State or Territory without approval under Part 9 for the purposes of a provision of Part 3 if there is not a regional forest…
Section 41 — What is an RFA region?
Regions that are RFA regions (1) Each of the following is an RFA region: (a) the area delineated as the Eden RFA Region on the map of that New South Wales Region dated 13 May 1999 and published by…
Section 42 — Providing video recordings
(1) A person commits an offence if: (a) the person’s conduct causes a video recording to be provided to another person; and (b) the provision of the recording is not a permitted provision of the…
Section 43 — Actions taken in accordance with zoning plan
A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if: (a) the action is taken in a zone (within the meaning of the…
Section 43A — Actions with prior authorisation
(1) A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if: (a) the action consists of a use of land, sea or seabed; and…
Section 43B — Actions which are lawful continuations of use of land etc.
(1) A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if the action is a lawful continuation of a use of land, sea or…
Section 44 — Object of this Part
The object of this Part is to provide for agreements between the Commonwealth and a State or self-governing Territory that: (a) protect the environment; and (b) promote the conservation and…
Section 45 — Minister may make agreement
Making bilateral agreement (1) On behalf of the Commonwealth, the Minister may enter into a bilateral agreement. Note 1: A bilateral agreement can detail the level of Commonwealth accreditation of…
Section 46 — Agreement may declare actions do not need approval under Part 9
Declaration of actions not needing approval (1) A bilateral agreement may declare that actions in a class of actions specified in the agreement wholly or partly by reference to the fact that their…
Section 47 — Agreement may declare classes of actions do not need assessment
Declaration of actions that do not need further assessment (1) A bilateral agreement may declare that actions in a class of actions identified wholly or partly by reference to the fact that they have…
Section 48 — Other provisions of bilateral agreements
(1) A bilateral agreement may include: (a) provisions for State accreditation of Commonwealth processes and decisions; and (b) other provisions for achieving the object of this Part; and (c)…
Section 48A — Mandatory provisions
Application (1) A bilateral agreement with a State or self-governing Territory including a declaration that is described in section 46 or 47 and covers actions described in subsection (2) or (3) does…
Section 49 — Definitions
In this Division: disclose, in relation to identifying information that is a personal identifier provided under clause 28, includes provide unauthorised access to the personal identifier. Note:…
Section 49A — Consultation on draft agreement
The Minister may enter into a bilateral agreement only if he or she: (a) has published in accordance with the regulations: (i) a draft of the agreement; and (ii) an invitation for any person to give…