NATURE CONSERVATION ACT 2014

Australian Capital Territory Current Acts

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NATURE CONSERVATION ACT 2014

TABLE OF PROVISIONS

Long Title

CHAPTER 1--PRELIMINARY

PART 1.1--INTRODUCTION

1. Name of Act
3. Dictionary
4. Notes
5. Offences against Act—application of Criminal Code etc
6. Objects of Act

PART 1.2--RELATIONSHIP TO OTHER LAWS

7. Application of Act to Emergencies Act 2004
8. Relationship to environment laws

PART 1.3--IMPORTANT CONCEPTS

9. What is nature?
10. What is conservation?
11. What is an animal?
12. What is a native animal?
13. What is a plant?
14. What is a native plant?
15. What is a species?
16. What is a native species?
17. What is an ecological community?
18. What is a member of a species or ecological community?
19. What is biodiversity?

CHAPTER 2--ADMINISTRATION

PART 2.1--CONSERVATOR OF FLORA AND FAUNA

20. Conservator—appointment
21. Conservator—functions
22. Conservator—delegation
23. Conservator—guidelines
24. Meaning of biodiversity research and monitoring program—pt
25. Biodiversity research and monitoring program—conservator to
26. Biodiversity research and monitoring program—conservator to

PART 2.2--ACT PARKS AND CONSERVATION SERVICE

27. ACT parks and conservation service—establishment

PART 2.3--CONSERVATION OFFICERS

28. Conservation officers—appointment
29. Conservation officers—identity cards
30. Conservation officers—power not to be exercised before identity card

PART 2.4--SCIENTIFIC COMMITTEE

31. Scientific committee—establishment
32. Scientific committee—functions
33. Scientific committee—annual report
34. Scientific committee—Minister's directions
35. Scientific committee—membership
36. Scientific committee—appointment of members
37. Scientific committee—chair and deputy chair
38. Scientific committee—secretary
39. Scientific committee—ending appointments
40. Scientific committee—disclosure of interests
41. Scientific committee—meetings
42. Scientific committee—presiding member at meetings
43. Scientific committee—quorum at meetings
44. Scientific committee—voting at meetings
45. Scientific committee—conduct of meetings

PART 2.5--ADVISORY COMMITTEES

46. Advisory committees

CHAPTER 3--NATURE CONSERVATION STRATEGY FOR THE ACT

47. What is the nature conservation strategy for the ACT?
48. What is a draft nature conservation strategy?—ch 3
49. Draft nature conservation strategy—conservator to prepare
50. Draft nature conservation strategy—consultation with
51. Draft nature conservation strategy—public consultation
52. Draft strategy—revision and submission to Minister
53. Draft strategy—Minister to approve, return or reject
54. Draft strategy—Minister's approval and notification
55. Draft strategy—Minister's direction to revise etc
56. Draft strategy—Minister's rejection
57. Nature conservation strategy—minor amendments
58. Nature conservation strategy—conservator to implement
59. Nature conservation strategy—monitoring
60. Nature conservation strategy—review

CHAPTER 4--THREATENED NATIVE SPECIES AND ECOLOGICAL COMMUNITIES

PART 4.1--THREATENED NATIVE SPECIES

61. What is a threatened native species?
62. What is a threatened native species list?
63. Threatened native species list—categories
64. Threatened native species list—eligibility for national
64A. Threatened native species list—eligibility for regional
65. Threatened native species list—eligibility criteria
66. Threatened native species list—criteria to review

PART 4.2--THREATENED ECOLOGICAL COMMUNITIES

67. What is a threatened ecological community?
68. What is a threatened ecological communities list?
69. Threatened ecological communities list—categories
70. Threatened ecological communities list—eligibility for
71. Threatened ecological communities list—eligibility criteria
72. Threatened ecological communities list criteria—review

PART 4.3--KEY THREATENING PROCESSES

73. What is a threatening process?
74. What is a key threatening process?
75. What is a key threatening processes list?
76. Key threatening processes list
77. Key threatening processes list—eligibility
78. Key threatening processes list—eligibility criteria
79. Key threatening processes list criteria—review

PART 4.4--INCLUDING, TRANSFERRING AND OMITTING ITEMS IN LIST

Division 4.4.1--Definitions—pt 4.4

80. Definitions—pt 4.4

Division 4.4.2--Including, transferring and omitting items in list—general

81. Nominations—public may nominate item at any time
82. Nominations—scientific committee may reject nomination
83. Nominations—scientific committee may nominate items itself
84. Nominations—public consultation
85. Nominations—scientific committee to carry out listing assessment
87. Minister to decide whether to include, transfer or omit item
88. Minister's decision—include item
89. Minister's decision—transfer item
90. Minister's decision—omit item

Division 4.4.3--Including or transferring certain nationally threatened items

90A. Minister may include or transfer nationally threatened items without

Division 4.4.4--Conservation advice

90B. Conservation advice guidelines
90C. Conservation advice
90E. Conservation advice—adopting advice for nationally threatened item
90F. Conservation advice—scientific committee to review

Division 4.4.5--Final version of list and notification

91. Final version of list and notification

Division 4.4.6--Minor amendments of list

93. What is a minor amendment?—div 4.4.6
94. Minister may make minor amendments
95. Minor amendment—including similar species
96. Minor amendment—omitting similar species
97. Minor amendment—rediscovery of extinct species

PART 4.5--ACTION PLANS

98. Definitions—Act
99. What is an action plan?—pt 4.5
100. What is a draft action plan?—pt 4.5
100A. Minister to decide if action plan needed
101. Draft action plan—conservator to prepare
102. Draft action plan—consultation with scientific committee
103. Draft action plan—public consultation
104. Draft action plan—revision
105. Draft action plan—final version and notification
106. Action plan—minor amendments
107. Action plan—conservator to implement
108. Action plan—monitoring and review
108A. Action plan—ending action plan after review

CHAPTER 5--PROTECTION OF NATIVE SPECIES—CONSERVATION PLANS

PART 5.1--SPECIAL PROTECTION STATUS

109. What is special protection status?

PART 5.2--PROTECTED NATIVE SPECIES

110. What is a protected native species?
111. Minister to make protected native species list
112. Protected native species list—eligibility
113. Minister to develop criteria and processes for protected native species
114. Protected native species list criteria—review

PART 5.3--NATIVE SPECIES CONSERVATION PLANS

115. What is a native species conservation plan?
116. What is a draft native species conservation plan?—pt
117. Draft native species conservation plan—conservator to
118. Draft native species conservation plan—consultation with scientific
119. Draft native species conservation plan—consultation with lessee and
120. Draft native species conservation plan—public consultation
121. Draft native species conservation plan—revision
122. Draft native species conservation plan—final version and
123. Native species conservation plan—minor amendments
124. Native species conservation plan—conservator etc to
125. Native species conservation plan—monitoring and review

CHAPTER 6--PROTECTION OF NATIVE SPECIES—OFFENCES

PART 6.1--OFFENCES

Division 6.1.1--Definitions—pt 6.1

126. Definitions—pt 6.1

Division 6.1.2--Native animals

127. Definitions—div 6.1.2
128. Offence—interfere with nest of native animal
129. Offence—interfere with nest of native animal—endanger progeny or
130. Offence—kill native animal
131. Offence—injure or endanger native animal
132. Offence—take native animal
133. Offence—keep non-exempt animal
134. Offence—sell non-exempt animal
135. Offence—offer to sell animal without disclosing licence
136. Offence—import non-exempt animal
137. Offence—export non-exempt animal
138. Offence—release animal from captivity
138A. Offence—use prohibited fruit netting
138B. Offence—prohibited fruit netting retail display

Division 6.1.3--Native plants

139. Definitions—div 6.1.3
140. Offence—take native plant—unleased land
141. Offence—take and sell native plant—unleased land
142. Offence—take native plant—protected native species
143. Offence—take native plant—special protection status
144. Offence—damage native tree—unleased land
145. Offence—damage native tree—leased land
146. Offence—damage or take fallen native timber
147. Offence—offer to sell native plant without disclosing licence
148. Offence—sell native plant—protected or special protection status
149. Offence—sell native plant without plant tag—protected or special protection
150. Offence—import native plant—protected or special protection status
151. Offence—export native plant—protected or special protection status
152. Offence—export plant without plant tag—protected or special protection

Division 6.1.4--Exceptions to offences

153. Chapter 6 exceptions

PART 6.2--OTHER MATTERS

154. What is an exempt animal?
155. Declarations—exempt animals
156. Interest in native animal ends with escape

CHAPTER 7--CONTROLLED NATIVE SPECIES MANAGEMENT PLANS

157. What is a controlled native species?—ch 7
158. What is a controlled native species management plan?
159. What is a draft controlled native species management plan?—ch
160. Draft controlled native species management plan—conservator to
161. Draft controlled native species management plan—consultation with lessee and
162. Draft controlled native species management plan—public
163. Draft controlled native species management plan—revision
164. Draft controlled native species management plan—emergencies
165. Draft controlled native species management plan—final version and
166. Controlled native species management plan—minor amendments
167. Controlled native species management plan—conservator etc to
168. Controlled native species management plan—monitoring and review

CHAPTER 7A--CULTURAL RESOURCE MANAGEMENT PLAN

168A. Meaning of cultural resource management plan
168B. Preparation of draft cultural resource management plan
168C. Draft cultural resource management plan—revision and submission to
168D. Draft cultural resource management plan—Minister to approve, return or
168E. Draft cultural resource management plan—Minister's direction to revise
168F. Cultural resource management plan—minor amendments
168G. Cultural resource management plan—conservator to implement
168H. Cultural resource management plan—reporting
168I. Cultural resource management plan—review

CHAPTER 8--RESERVES—MANAGEMENT PLANNING

PART 8.1--DEFINITIONS

169. What is a reserve?—Act
170. What is a wilderness area?—Act

PART 8.2--IUCN CATEGORIES FOR RESERVES

171. What is an IUCN category for a reserve?—pt 8.2
172. Assignment of reserves to IUCN categories
173. IUCN reserve management objectives
174. Management of reserve assigned to IUCN category if no reserve management

PART 8.3--RESERVE MANAGEMENT PLANS

175. What is a reserve management plan?
176. What is a draft reserve management plan?—pt 8.3
177. Draft reserve management plan—custodian to prepare
179. Draft reserve management plan—public consultation
180. Draft reserve management plan—revision and submission to
181. Draft reserve management plan—referral to Legislative Assembly
182. Draft reserve management plan—committee to report
183. Draft reserve management plan—Minister to approve, return or
184. Draft reserve management plan—Minister's approval and
185. Draft reserve management plan—Minister's direction to revise
186. Draft reserve management plan—Minister's rejection
187. Reserve management plan—minor amendments
188. Reserve management plan—custodian to implement
189. Reserve management plan—review

PART 8.4--RAMSAR WETLANDS MANAGEMENT PLANS

190. What is a Ramsar wetland?
191. What is a Ramsar wetland management plan?
192. What is a draft Ramsar wetland
193. Draft Ramsar wetland management plan—conservator to prepare
194. Draft Ramsar wetland management plan—consultation with Commonwealth and
195. Draft Ramsar wetland management plan—public consultation
196. Draft Ramsar wetland management plan—revision and submission to
197. Draft Ramsar wetland management plan—Minister to approve, return or
198. Draft Ramsar wetland management plan—Minister's approval and
199. Draft Ramsar wetland management plan—Minister's direction to revise
200. Draft Ramsar wetland management plan—Minister's
201. Ramsar wetland management plan—minor amendments
202. Ramsar wetland management plan—conservator etc to implement
203. Ramsar wetland management plan—monitoring and review

PART 8.5--ACCESS TO BIOLOGICAL RESOURCES IN RESERVES

204. What are biological resources?—pt 8.5
205. What are genetic resources?—pt 8.5
206. Who is an access provider?—pt 8.5
207. What is accessing biological resources?—pt 8.5
208. Application—certain biological resources
209. Offence—access biological resources
210. Benefit-sharing agreement—licensee required to enter
211. Benefit-sharing agreement—provisions
212. Benefit-sharing agreement—informed consent

CHAPTER 9--RESERVES—OFFENCES

PART 9.1--RESERVES--OFFENCES GENERALLY

213. Offence—entry fee for reserve not paid
214. Offence—take or allow non-native animal into reserve
215. Offence—feed animal in reserve
216. Offence—interfere with trap or bait in reserve
217. Offence—weapons and traps in reserve
218. Offence—damage native plant in reserve
219. Offence—take plant or plant reproductive material into reserve
220. Offence—planting a plant in a reserve
221. Offence—remove soil or stone from reserve
222. Offence—damage, destroy or remove things in reserve

PART 9.2--RESERVES--OFFENCES IN WILDERNESS AREAS

223. Offence—make road in wilderness area
224. Offence—use motor vehicle off road in wilderness area
225. Offence—excavate in wilderness area without licence
226. Direction to restore excavation site
227. Offence—fail to comply with restore excavation direction
228. Restoration of excavation site by Territory

PART 9.3--RESERVES--REPAIRING DAMAGE

229. Directions to repair damage to reserve
230. Offence—fail to comply with repair damage direction
231. Repair of damage by Territory

PART 9.4--RESERVES--OFFENCES ABOUT CLEARING NATIVE VEGETATION

232. What is native vegetation?—pt 9.4
233. What is a native vegetation area?—pt 9.4
234. What is clearing native vegetation?—pt 9.4
235. When does clearing native vegetation cause serious harm or material
236. Offence—clear vegetation causing serious harm
237. Offence—clear vegetation causing material harm
238. Offence—clear vegetation
239. Defence of appropriate diligence for offences—pt 9.4
240. Alternative verdicts for offences—pt 9.4
241. Order to restore cleared vegetation etc
242. Order to publicise conviction or finding of guilt—pt 9.4

PART 9.5--RESERVES--OFFENCES ABOUT DAMAGING LAND

243. What is damage to land?—pt 9.5
244. When does damage to land cause serious harm or material harm to
245. Offence—damage land causing serious harm
246. Offence—damage land causing material harm
247. Offence—damage land causing harm
248. Defence of appropriate diligence for offences—pt 9.5
249. Alternative verdicts for offences—pt 9.5
250. Order to rehabilitate land etc
251. Order to publicise conviction or finding of guilt—pt 9.5

PART 9.6--EXCEPTIONS TO OFFENCES

252. Chapter 9 exceptions

CHAPTER 10--RESERVES—PROHIBITED AND RESTRICTED ACTIVITIES

PART 10.1--RESOURCE PROTECTION AREAS

253. What is a resource protection area?—ch 10
254. Resource protection area—declaration
255. Resource protection area—review

PART 10.2--PROHIBITED AND RESTRICTED ACTIVITIES

256. Conservator may make activities declarations
257. Offence—carry on restricted activity in reserve
258. Offence—carry on prohibited activity in reserve
259. Conservator may close reserve
260. Offence—enter closed reserve
261. Part 10.2 exceptions

CHAPTER 11--NATURE CONSERVATION LICENCES

PART 11.1--LICENCES--PRELIMINARY

262. What is a nature conservation licence?
262A. Who is an influential person for a corporation?—ch
263. Offence—fail to comply with condition of licence

PART 11.2--LICENCES--APPLICATION AND SUITABILITY

264. Licence—application
265. Who is a suitable person to hold a licence?—ch 11
266. What is suitability information about a person?—ch
267. Suitability of people—further information about people
268. What is a suitable activity for a licence?
269. What is suitability information about an activity?
270. Suitability of activities—further information about activity
271. Suitability of activities—risk management plan
272. Suitability of activities—inspection of place

PART 11.3--LICENCES--DECISION

273. Licence—decision on application
274. Licence—conditions generally
275. Licence—conditions about native species conservation plans etc
276. Licence—term
277. Licence—form

PART 11.4--LICENCES--FINANCIAL ASSURANCE CONDITIONS

278. What is a financial assurance condition?
279. Financial assurance condition—imposition
280. Financial assurance condition—show cause
281. Financial assurance condition—licence cancellation
282. Financial assurance condition—claim or realisation
283. Financial assurance condition—notice before claim or
284. Financial assurance condition—recovery of extra costs
285. Financial assurance condition—money held by Territory

PART 11.5--LICENCES--AMENDMENT, TRANSFER AND RENEWAL

286. Licence—amendment initiated by conservator
287. Licence—application to amend licence
288. Licence—decision on application to amend licence
289. Licence—application to transfer licence
290. Licence—decision on application to transfer licence
291. Licence—application for renewal of licence
292. Licence—decision on application for renewal of licence
293. Licence—replacing when lost, stolen or destroyed
294. Licence—surrender
295. Offence—fail to notify change of name or address
296. Licence—conservator to change name and address

PART 11.6--LICENCES--REGULATORY ACTION

297. Licence—grounds for regulatory action
298. Licence—regulatory action
299. Licence—taking regulatory action
300. Licence—immediate suspension
301. Licence—effect of suspension
302. Offence—fail to return amended, suspended or cancelled licences
303. Action by conservator in relation to amended or suspended licence

PART 11.7--LICENCE--REGISTER, RECORDS AND ROYALTIES

304. Licence register
305. Licence register—correction and keeping up to date
306. Offence—fail to keep records
307. Royalty

CHAPTER 12--MANAGEMENT AGREEMENTS WITH UTILITY SUPPLIERS, LAND DEVELOPERS AND OTHERS

308. What are agencies and activities of agencies?—ch
309. What are management objectives?—ch 12
310. What is a management agreement?—ch 12
311. Management agreement—conservator may propose
312. Management agreement—agency may enter or refuse
313. Management agreement—refusal and repairing damage
314. Management agreement—breach of agreement and repairing damage

CHAPTER 13--LAND DEVELOPMENT APPLICATIONS

315. Meaning of development—ch 13
316. Simplified outline
317. Advice about adverse environmental impacts
318. Requirements for conservator's advice

CHAPTER 13A--MINOR PUBLIC WORKS IN RESERVES

318A. Minor public works code

CHAPTER 14--ENFORCEMENT

PART 14.1--DIRECTIONS

319. Direction to give name and address
320. Offence—fail to comply with direction to give name and address
321. Direction to produce licence or records
322. Offence—fail to comply with direction to produce licence or record
323. Direction to provide information
324. Offence—fail to comply with information direction
325. Direction to leave reserve
326. Offence—fail to comply with direction to leave reserve
327. Direction to stop vehicle
328. Offence—fail to comply with stop vehicle direction
329. Urgent directions
330. Offence—fail to comply with urgent direction
331. Conservator's directions
332. Offence—fail to comply with conservator's direction
333. Treatment directions
334. Offence—fail to comply with treatment direction
335. Treatment of animal or plant by Territory
336. Injunctions to restrain contravention of urgent directions and conservator's

PART 14.2--ENFORCEMENT BY CONSERVATION OFFICERS

Division 14.2.1--Definitions—pt 14.2

337. Definitions—pt 14.2

Division 14.2.2--Powers of conservation officers

338. Power to enter premises
339. Production of identity card
340. Consent to entry
341. General powers on entry to premises
342. Power to seize things
343. Seizure and release of distressed native birds
344. Release of distressed animals—court orders

Division 14.2.3--Search warrants

345. Warrants generally
346. Warrants—application made other than in person
347. Search warrants—announcement before entry
348. Details of search warrant to be given to occupier etc
349. Occupier entitled to be present during search etc

Division 14.2.4--Return and forfeiture of things seized

350. Receipt for things seized
351. Moving things to another place for examination or processing under search
352. Access to things seized
353. Return of things seized
354. Forfeiture of things seized
355. Power to destroy unsafe things
356. Application for order disallowing seizure
357. Order for return of things seized

Division 14.2.5--Enforcement—damage and compensation

358. Damage etc to be minimised
359. Compensation for exercise of enforcement powers

CHAPTER 15--NOTIFICATION AND REVIEW OF DECISIONS

360. Meaning of reviewable decision—ch 15
361. Reviewable decision notices
362. Applications for review

CHAPTER 16--MISCELLANEOUS

363. Certain information may be kept confidential
364. Offences—use or divulge protected information
365. Acts and omissions of representatives
366. Criminal liability of executive officers
367. Evidentiary certificates
368. Determination of fees etc
370. Regulation-making power
371. Review of Act
SCHEDULE 1
DICTIONARY
ENDNOTES

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