Environment Protection and Biodiversity Conservation Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 505A — Establishment
(1) The Indigenous Advisory Committee is established. (2) The Minister is to determine in writing the composition of the Committee, including the qualifications of its members. (3) A person may only…
Section 505B — Functions of the Committee
(1) The Committee has the following functions: (a) to advise the Minister on matters relating to the following: (i) the operation of this Act or an instrument made under this Act; (ii) the objects of…
Section 505C — Establishment
(1) The committee established by this section as previously in force is continued in existence with the new name of the Independent Expert Scientific Committee on Unconventional Gas Development and…
Section 505D — Functions of the Committee
(1) The Committee has the following functions: (a) within 2 months of a request by the Minister (the Environment Minister)—to provide scientific advice to the Environment Minister in relation to…
Section 505E — Declared States and Territories
The Minister may, by legislative instrument, declare a specified State or self-governing Territory to be a declared State or Territory.
Section 506 — Application
This Division applies to the following Committees: (a) the Threatened Species Scientific Committee; (c) the Indigenous Advisory Committee; (d) the Independent Expert Scientific Committee on…
Section 507 — Terms and conditions
Term of office (1) A member of a Committee holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. Note: Section 509 sets out the circumstances in…
Section 508 — Remuneration
(1) A member of a Committee 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…
Section 509 — Termination of appointments of Committee members
Termination when person stops being qualified for appointment (1) The appointment of a person to a position of member of a Committee is terminated when the person ceases to be qualified for…
Section 510 — Procedure of a Committee
(1) The regulations may provide for: (a) matters relating to the operation of a Committee, including: (i) procedures for convening meetings of the Committee; and (ii) procedures for determining who…
Section 510A — Application
This Division applies to the following (each an advisory body): (a) the Australian Heritage Council; (b) the Threatened Species Scientific Committee; (c) the Indigenous Advisory Committee; (d) the…
Section 510B — Minister’s statement of expectations
(1) The Minister may, at any time, prepare and give a written statement (a statement of expectations) to an advisory body that sets out the Minister’s expectations for the advisory body. (2) In…
Section 510C — Statement of intent
(1) If the Minister gives a statement of expectations to an advisory body under section 510B, the advisory body must prepare and give the Minister a written response (a statement of intent). (2) In…
Section 511 — Minister may establish advisory committees
(1) The Minister may by written instrument establish an advisory committee to advise the Minister on specified matters relating to the administration of this Act. (2) However, the Minister must not…
Section 512 — Appointments
(1) The Minister may appoint a person on a part-time basis to be a member of an advisory committee. (2) The Minister must appoint one of the members to chair the committee.
Section 513 — Members of advisory committees
The regulations may provide for the terms and conditions applicable to members of an advisory committee, including terms and conditions relating to: (a) term of office; and (b) remuneration; and (c)…
Section 514 — Committee procedure
(1) An advisory committee may operate in the way it determines, subject to any regulations. (2) The regulations may provide for the operation and procedures of an advisory committee. The regulations…
Section 514A — Continuation
The corporation sole that existed under section 15 of the National Parks and Wildlife Conservation Act 1975 immediately before the commencement of this Act continues in existence as the Director of…
Section 514YA — Reconsideration of fee
(1) Upon receiving an application for reconsideration of a fee, the Secretary must: (a) reconsider the way the method was used to work out the fee; and (b) either: (i) confirm the fee; or (ii) work…
Section 514B — Functions
(1) The functions of the Director are: (a) to administer, manage and control Commonwealth reserves and conservation zones; and (b) to protect, conserve and manage biodiversity and heritage in…
Section 514YB — Deadline for reconsideration
The Secretary must undertake a reconsideration of a fee within 30 business days after receiving an application for reconsideration.
Section 514C — Powers
(1) The Director has power to do all things necessary or convenient to be done for or in connection with the performance of the Director’s functions. (2) The Director’s powers include, but are not…
Section 514YC — Simplified outline of this Part
National environmental standards are legislative instruments made by the Minister. Before making a national environmental standard, the Minister must be satisfied that it promotes the objects of this…
Section 514D — Requirements relating to functions and powers
Ministerial directions (1) The Director must perform the Director’s functions and exercise the Director’s powers in accordance with any directions given by the Minister, unless this Act provides…
Section 514YD — Making national environmental standards
(1) The Minister may, by legislative instrument, make national environmental standards for the purposes of this Act. (2) Before making a national environmental standard, the Minister must be…
Section 514E — Constitution
(1) The Director: (a) is a body corporate with perpetual succession; and (b) must have a seal; and (c) may sue and be sued in its corporate name. (2) All courts, judges and persons acting judicially…
Section 514YE — Incorporation by reference
(1) Despite subsection 14(2) of the Legislation Act 2003, a national environmental standard may make provision in relation to a matter by applying, adopting or incorporating, with or without…
Section 514F — Appointment
(1) A person is to be appointed as the Director by the Governor-General by written instrument. (2) Before the Governor-General appoints a person as the Director, the Minister must be satisfied that…
Section 514YF — Varying and revoking national environmental standard
(1) The Minister may, by legislative instrument, vary or revoke a national environmental standard. (2) Before varying or revoking a national environmental standard, the Minister must be satisfied…
Section 514G — Acting appointments
(1) The Minister may appoint a person to act as the Director: (a) during a vacancy in the office of Director; or (b) during any period, or during all periods, when the person appointed as the…
Section 514YG — No regression principle
(1) Before varying or revoking a national environmental standard, the Minister must be satisfied that the variation or revocation: (a) does not reduce protections of the environment; and (b) does not…
Section 514H — Term of office
The person appointed as the Director holds office for the period specified in the instrument of appointment. The period must not exceed 7 years.
Section 514YH — Consultation
(1) Before making, varying, or revoking a national environmental standard, the Minister must: (a) publish a draft of the proposed standard, variation, or revocation on the Department’s website; and…
Section 514YI — Consultation in relation to engagement with Indigenous persons
(1) Before making, varying, or revoking a national environmental standard that relates to engagement with Indigenous persons, the Minister must: (a) invite the Indigenous Advisory Committee to…
Section 514J — Remuneration
(1) The person appointed as the Director 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…
Section 514YJ — Review of national environmental standards
(1) The Minister must arrange for a review of a national environmental standard to be started: (a) within 18 months of the standard commencing; and (b) at least every 5 years after that. (2) A…
Section 514K — Outside employment
The person appointed as the Director must not engage in paid employment outside the duties of the Director’s office without the Minister’s approval.
Section 514YK — Using national environmental standards
Mandatory use (1) In making a decision prescribed by the regulations for the purposes of this subsection, a person must: (a) apply any national environmental standard prescribed for the decision; and…
Section 514M — Leave of absence
(1) The person appointed as the Director has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Minister may grant the person appointed as the Director leave…
Section 514N — Resignation
The person appointed as the Director may resign his or her appointment by giving the Governor-General a written resignation.
Section 514P — Termination
(1) The Governor-General may terminate the appointment of a person as the Director for misbehaviour or physical or mental incapacity. (2) The Governor-General may terminate the appointment of a…
Section 514Q — Other terms and conditions
The person appointed as the Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor-General.
Section 514R — Australian National Parks Fund
The fund established by section 45 of the National Parks and Wildlife Conservation Act 1975 continues in existence as the Australian National Parks Fund, vested in the Director.
Section 514S — Payments to Australian National Parks Fund
The following amounts are to be paid into the Australian National Parks Fund: (a) any money appropriated by the Parliament for the purposes of the Department and allocated by the Secretary for the…
Section 514T — Application of money
(1) The money of the Australian National Parks Fund may be applied only: (a) in payment or discharge of the costs, expenses and other obligations incurred by the Director in the performance of the…
Section 514U — Application of Public Governance, Performance and Accountability Act 2013
(1) Sections 514A and 514E provide that the Director is a corporation. The Public Governance, Performance and Accountability Act 2013 applies (subject to subsection (2) of this section) in relation…
Section 514V — Extra matters to be included in annual report
The annual report prepared by the Director under and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must also include…
Section 514W — Exemption from taxation
The income of the Australian National Parks Fund and the property and transactions of the Director are not subject to taxation under a law of the Commonwealth or of a State or Territory.
Section 514X — Changes in office of Director
An authority given, or a delegation or appointment made, by a person for the time being holding or acting in the office of Director continues in force despite the person ceasing to hold or act in…
Section 514Y — Applications for reconsideration of fee
(1) This section applies if a fee is worked out by a person to whom a function or power is delegated under section 515. (2) If: (a) a method prescribed by the regulations under subsection 520(4C) has…