Environment Protection and Biodiversity Conservation Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 220 — 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 221 — 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 221A — 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 222 — 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 222A — 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 223 — Regulations
The regulations may: (a) provide for the transportation, treatment and disposal of members of listed migratory species killed, injured or taken in contravention of this Division; and (b) provide for…
Section 224 — Application of Division
(1) This Division extends to acts, omissions, matters and things outside Australia (whether in a foreign country or not), except so far as the contrary intention appears. (2) A provision of this…
Section 225 — Australian Whale Sanctuary
(1) The Australian Whale Sanctuary is established in order to give formal recognition of the high level of protection and management afforded to cetaceans in Commonwealth marine areas and prescribed…
Section 226 — Prescribed waters
(1) The regulations may declare the whole, or a specified part, of the coastal waters of a State or the Northern Territory to be prescribed waters. (2) Before the Governor-General makes a regulation…
Section 227 — Coastal waters
(1) Section 15B of the Acts Interpretation Act 1901 does not apply in relation to this Division. (2) The coastal waters of a State or the Northern Territory are: (a) the part or parts of the…
Section 228 — Minister may make declaration for coastal waters
(1) If the Minister is satisfied that a law of a State or the Northern Territory adequately protects cetaceans in the coastal waters, or a part of the coastal waters, of the State or Territory, the…
Section 228A — Important cetacean habitat areas
(1) The Minister may, by legislative instrument, declare a specified area in the Australian Whale Sanctuary to be an important cetacean habitat area. (2) The regulations may specify criteria to be…
Section 229 — Killing or injuring a cetacean
(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 cetacean; and (c) the cetacean is in: (i) the Australian Whale Sanctuary…
Section 229A — Strict liability for killing or injuring a cetacean
(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 cetacean; and (c) the cetacean is in: (i) the Australian Whale Sanctuary…
Section 229B — Intentionally taking etc. a cetacean
(1) A person commits an offence if: (a) the person takes, trades, keeps, moves or interferes with a cetacean; and (b) the cetacean is in: (i) the Australian Whale Sanctuary (but not the coastal…
Section 229C — Strict liability for taking etc. a cetacean
(1) A person commits an offence if: (a) the person takes, trades, keeps, moves or interferes with a cetacean; and (b) the cetacean is in: (i) the Australian Whale Sanctuary (but not the coastal…
Section 229D — Treating cetaceans
Treating unlawfully killed or taken cetaceans (1) A person commits an offence if: (a) the person treats a cetacean; and (b) the cetacean has been: (i) killed in contravention of section 229 or 229A;…
Section 230 — Possession of cetaceans
Possession of unlawfully killed cetaceans (1) A person commits an offence if: (a) the person has in his or her possession: (i) a cetacean; or (ii) a part of a cetacean; or (iii) a product derived…
Section 231 — Certain actions are not offences
Sections 229, 229A, 229B, 229C, 229D and 230 do not apply to: (a) an action authorised by a permit that was issued under section 238 and is in force; or (aa) an action that is whale watching carried…
Section 232 — Action to be taken on killing etc. cetaceans
(1) This section applies to an action taken by a person if all of the following conditions are met: (a) the person’s action: (i) results in the injury or death of a cetacean, or consists of taking a…
Section 236 — Offences relating to foreign whaling vessels
(1) The master of a foreign whaling vessel commits an offence if the vessel is brought into a port in Australia or an external Territory and the master has not obtained the written permission of the…
Section 237 — Application for permits
(1) A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under section 238. (2) The application must be accompanied by the fee prescribed by the…
Section 238 — Minister may issue permits
(1) Subject to subsections (3) to (4), the Minister may, on application by a person under section 237, issue a permit to the person. (2) A permit authorises its holder to take an action specified in…
Section 239 — 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 240 — Contravening conditions of a permit
The holder of a permit commits an offence punishable upon 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…
Section 241 — 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 242 — 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 243 — 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 243A — 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 244 — 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 245 — 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 246 — Vesting of whales in Commonwealth
(1) If: (a) a cetacean is: (i) in the Australian Whale Sanctuary, other than the coastal waters, or a part of the coastal waters, of a State or the Northern Territory for which a declaration under…
Section 247 — Regulations
The regulations may: (a) provide for the transportation, treatment and disposal of cetaceans killed, injured or taken in contravention of this Division; and (b) provide for the methods or equipment…
Section 248 — Listed marine species
(1) The Minister must, by legislative instrument, establish a list of marine species for the purposes of this Part. (2) The list, as first established, must contain only the following: (a) all…
Section 249 — Minister may amend list
(1) Subject to this Subdivision, the Minister may, by legislative instrument, amend the list by: (a) including or deleting items from the list; or (b) correcting an inaccuracy or updating the name of…
Section 250 — Adding marine species to the list
(1) The Minister must not add a marine species to the list unless: (a) the Minister is satisfied that it is necessary to include the species in the list in order to ensure the long-term conservation…
Section 251 — Minister must consider advice from Scientific Committee
(1) In deciding whether to add an item to, or delete an item from, the list, the Minister must, in accordance with the regulations (if any), obtain and consider advice from the Scientific Committee…
Section 252 — Minister to make lists available to the public
The Minister must, in accordance with the regulations (if any), make copies of up-to-date lists available for purchase, for a reasonable price, at a prescribed place in each State and self-governing…
Section 253 — Subdivision does not apply to members of certain species and cetaceans
This Subdivision does not apply to a member of a listed marine species that is a member of a listed migratory species, a member of a listed threatened species or a cetacean.
Section 254 — Killing or injuring member of listed marine 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 marine…
Section 254A — Strict liability for killing or injuring member of listed marine 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 marine species; and (c) the member is a member of a listed…
Section 254B — Taking etc. member of listed marine 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 marine species; and (c) the member is in or on a…
Section 254C — Strict liability for taking etc. member of listed marine species
(1) A person commits an offence if: (a) the person takes, trades, keeps or moves a member of a marine species; and (b) the member is a member of a listed marine species; and (c) the member is in or…
Section 254D — Trading etc. member of listed marine 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 marine species; and (c) the member has been taken in or on…
Section 254E — Strict liability for trading etc. member of listed marine species taken in Commonwealth area
(1) A person commits an offence if: (a) the person trades, keeps or moves a member of a marine species; and (b) the member is a member of a listed marine species; and (c) the member has been taken in…
Section 254F — Aggravated offence—member of listed marine species that is a dugong or turtle
(1) For the purposes of this Subdivision, an offence against section 254, 254A, 254B, 254C, 254D or 254E (the underlying offence) is an aggravated offence if the member to which the underlying…
Section 255 — Certain actions are not offences
Sections 254, 254A, 254B, 254C, 254D and 254E do not apply to: (a) an action authorised by a permit that was issued under section 258 and is in force; or (b) an action provided for by, and taken in…
Section 256 — Failing to notify taking etc. of listed marine wildlife
(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 marine…
Section 257 — Application for permits
(1) A person may, in accordance with the regulations, apply to the Minister for a permit to be issued under section 258. (2) The application must be accompanied by the fee prescribed by the…
Section 258 — Minister may issue permits
(1) Subject to subsection (3), the Minister may, on application by a person under section 257, issue a permit to the person. (2) A permit authorises its holder to take the actions specified in the…