Environment Protection and Biodiversity Conservation Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 194L — Publication of finalised priority assessment list
(1) The Scientific Committee must publish the finalised priority assessment list for an assessment period for a Subdivision A List on the internet. (2) The Scientific Committee must also publish the…
Section 194M — Scientific Committee to invite comments on items in finalised priority assessment list
(1) In relation to each item included in the finalised priority assessment list for an assessment period for a Subdivision A List, the Scientific Committee must publish a notice inviting people to…
Section 194N — Scientific Committee to assess items on finalised priority assessment list and give assessments to Minister
(1) In relation to each item included in the finalised priority assessment list for an assessment period for a Subdivision A List, the Scientific Committee must (by the time required by section…
Section 194P — Time by which assessments to be provided to Minister
(1) Subsection 194N(1) must be complied with, in relation to an item included in the finalised priority assessment list for an assessment period for a Subdivision A List, by the assessment completion…
Section 194Q — Decision about inclusion of an item in the Subdivision A List
Minister to decide whether or not to include item (1) After receiving from the Scientific Committee an assessment under section 194N of an item, the Minister must: (a) include the item in the…
Section 194R — Scientific Committee may obtain advice
In performing its functions under this Subdivision, the Scientific Committee may obtain advice from a person with expertise relevant to the inclusion of an item in a Subdivision A List.
Section 194S — Co-ordination with Australian Heritage Council—Committee undertaking assessment
(1) This section applies if: (a) the Scientific Committee undertakes an assessment under this Subdivision; and (b) before giving the assessment to the Minister, the Committee becomes aware that: (i)…
Section 194T — Co-ordination with Australian Heritage Council—Committee given assessment to Minister
(1) This section applies if: (a) the Scientific Committee has given to the Minister an assessment under this Subdivision; and (b) the Committee is or becomes aware that: (i) the Australian Heritage…
Section 195 — Subdivision does not apply to cetaceans
This Subdivision does not apply to a member of a listed threatened species that is a cetacean.
Section 196 — Killing or injuring member of listed threatened species or community
(1) A person commits an offence if: (a) the person takes an action; and (b) the action results in the death or injury of a member of a species or a member of an ecological community; and (c) the…
Section 196A — Strict liability for killing or injuring member of listed threatened species or community
(1) A person commits an offence if: (a) the person takes an action; and (b) the action results in the death or injury of a member of a native species or a member of an ecological community; and (c)…
Section 196B — Taking etc. member of listed threatened species or community
(1) A person commits an offence if: (a) the person takes, trades, keeps or moves a member of a species or a member of an ecological community; and (b) the member is a member of a listed threatened…
Section 196C — Strict liability for taking etc. member of listed threatened species or community
(1) A person commits an offence if: (a) the person takes, trades, keeps or moves a member of a native species or a member of an ecological community; and (b) the member is a member of a listed…
Section 196D — Trading etc. member of listed threatened species or community taken in Commonwealth area
(1) A person commits an offence if: (a) the person trades, keeps or moves a member of a species or a member of an ecological community; and (b) the member is a member of a listed threatened species…
Section 196E — Strict liability for trading etc. member of listed threatened species or community taken in Commonwealth area
(1) A person commits an offence if: (a) the person trades, keeps or moves a member of a native species or a member of an ecological community; and (b) the member is a member of a listed threatened…
Section 196F — Aggravated offence—member of listed threatened species that is a dugong or turtle
(1) For the purposes of this Subdivision, an offence against section 196, 196A, 196B, 196C, 196D or 196E (the underlying offence) is an aggravated offence if the member to which the underlying…
Section 197 — Certain actions are not offences
Sections 196, 196A, 196B, 196C, 196D, 196E and 207B do not apply to: (a) an action authorised by a permit that was issued under section 201 and is in force; or (b) an action provided for by, and done…
Section 198 — Operation of sections 18 and 18A not affected
To avoid doubt, sections 196, 196A, 196B, 196C, 196D, 196E, 196F and 197 do not affect the operation of section 18 or 18A.
Section 199 — Failing to notify taking of listed threatened species or listed ecological community
(1) This section applies to an action taken by a person if all of the following conditions are met: (a) the person’s action either: (i) results in the death or injury of a member of a listed…
Section 200 — Application for permits
(1) A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under section 201. (2) The application must be accompanied by the fee prescribed by the…
Section 201 — Minister may issue permits
(1) Subject to subsections (3) and (3A), the Minister may, on application by a person under section 200, issue a permit to the person. (2) A permit authorises its holder to take an action specified…
Section 202 — Conditions of permits
(1) A permit is subject to such conditions as are specified in the permit or as are imposed under subsection (2). (2) The Minister may, in accordance with the regulations: (a) vary or revoke a…
Section 203 — Contravening conditions of a permit
The holder of a permit commits an offence punishable on conviction by a fine not exceeding 300 penalty units if: (a) he or she does, or fails to do, an act or thing; and (b) doing, or failing to do,…
Section 204 — Authorities under permits
(1) Subject to subsection (2), the holder of a permit may give to a person written authority to take for or on behalf of the holder any action authorised by the permit. The authority may be given…
Section 205 — Transfer of permits
On the application, in accordance with the regulations, of the holder of a permit, the Minister may, in accordance with the regulations, transfer the permit to another person.
Section 206 — Suspension or cancellation of permits
The Minister may, in accordance with the regulations: (a) suspend a permit for a specified period; or (b) cancel a permit.
Section 206A — Review of decisions about permits
(1) Subject to subsection (2), an application may be made to the Administrative Review Tribunal for review of a decision: (a) to issue or refuse a permit; or (b) to specify, vary or revoke a…
Section 207 — Fees
Such fees as are prescribed (if any) are payable in respect of the following: (a) the grant or the transfer of a permit; (b) the variation or revocation of a condition of a permit; (c) the imposition…
Section 207A — Register of critical habitat
(1) The Minister must cause to be kept in accordance with the regulations (if any) a register in which the Minister may list habitat identified by the Minister in accordance with the regulations as…
Section 207B — Offence of knowingly damaging critical habitat
(1) A person commits an offence if: (a) the person takes an action; and (b) the person knows that the action significantly damages or will significantly damage critical habitat for a listed…
Section 207C — Sale or lease of Commonwealth land containing critical habitat
(1) This section applies to a Commonwealth agency that executes a contract for the sale or lease to someone else of Commonwealth land that includes critical habitat for a listed threatened species or…
Section 208 — Regulations
The regulations may: (a) provide for the transportation, treatment and disposal of members of listed threatened species or listed threatened ecological communities killed, injured or taken in…
Section 208A — Minister may accredit plans, regimes or policies
(1) The Minister may, by instrument in writing, accredit for the purposes of this Division: (a) a plan of management within the meaning of section 17 of the Fisheries Management Act 1991; or (b) a…
Section 209 — Listed migratory species
(1) The Minister must: (a) establish a list of migratory species for the purposes of this Act; and (b) amend the list, as necessary, so that it includes all species required to be included in the…
Section 210 — Subdivision does not apply to members of listed threatened species or cetaceans
This Subdivision does not apply to a member of a listed migratory species that is a member of a listed threatened species or a cetacean.
Section 211 — Killing or injuring member of listed migratory species
(1) A person commits an offence if: (a) the person takes an action; and (b) the action results in the death or injury of a member of a species; and (c) the member is a member of a listed migratory…
Section 211A — Strict liability for killing or injuring member of listed migratory species
(1) A person commits an offence if: (a) the person takes an action; and (b) the action results in the death or injury of a member of a migratory species; and (c) the member is a member of a listed…
Section 211B — Taking etc. member of listed migratory species
(1) A person commits an offence if: (a) the person takes, trades, keeps or moves a member of a species; and (b) the member is a member of a listed migratory species; and (c) the member is in or on a…
Section 211C — Strict liability for taking etc. member of listed migratory species
(1) A person commits an offence if: (a) the person takes, trades, keeps or moves a member of a migratory species; and (b) the member is a member of a listed migratory species; and (c) the member is…
Section 211D — Trading etc. member of listed migratory species taken in Commonwealth area
(1) A person commits an offence if: (a) the person trades, keeps or moves a member of a species; and (b) the member is a member of a listed migratory species; and (c) the member has been taken in or…
Section 211E — Strict liability for trading etc. member of listed migratory species taken in Commonwealth area
(1) A person commits an offence if: (a) the person trades, keeps or moves a member of a migratory species; and (b) the member is a member of a listed migratory species; and (c) the member has been…
Section 211F — Aggravated offence—member of listed migratory species that is a dugong or turtle
(1) For the purposes of this Subdivision, an offence against section 211, 211A, 211B, 211C, 211D or 211E (the underlying offence) is an aggravated offence if the member to which the underlying…
Section 212 — Certain actions are not offences
(1) Sections 211, 211A, 211B, 211C, 211D and 211E do not apply to: (a) an action authorised by a permit that was issued under section 216 and is in force; or (b) an action provided for by, and taken…
Section 213 — Operation of sections 20 and 20A not affected
To avoid doubt, sections 211, 211A, 211B, 211C, 211D, 211E, 211F and 212 do not affect the operation of section 20 or 20A.
Section 214 — Failing to notify taking etc. of listed migratory species
(1) This section applies to an action taken by a person if all of the following conditions are met: (a) the person’s action either: (i) results in the death or injury of a member of a listed…
Section 215 — Application for permits
(1) A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under section 216. (2) The application must be accompanied by the fee prescribed by the…
Section 216 — Minister may issue permits
(1) Subject to subsection (3), the Minister may, on application by a person under section 215, issue a permit to the person. (2) A permit authorises its holder to take an action specified in the…
Section 217 — Conditions of permits
(1) A permit is subject to such conditions as are specified in the permit or as are imposed under subsection (2). (2) The Minister may, in accordance with the regulations: (a) vary or revoke a…
Section 218 — Contravening conditions of a permit
The holder of a permit commits an offence punishable on conviction by a fine not exceeding 300 penalty units if: (a) he or she does, or fails to do, an act or thing; and (b) doing, or failing to do,…
Section 219 — Authorities under permits
(1) Subject to subsection (2), the holder of a permit may give to a person written authority to take for or on behalf of the holder any action authorised by the permit. The authority may be given…