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This is a Bill, not an Act. For current law, see the Acts databases.
ENVIRONMENTAL REFORM (CONSEQUENTIAL PROVISIONS) BILL 1998
1998
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Environmental
Reform (Consequential Provisions) Bill
1998
No. ,
1998
(Environment and
Heritage)
A Bill for an Act to repeal and
amend Acts and make other provisions consequential on the enactment of the
Environment Protection and Biodiversity Conservation Act 1998, to make
technical amendments, and for related purposes
ISBN: 0642
387508
Contents
Part
1—Repeal 12
Endangered Species Protection Act
1992 12
Part 2—Saving and transitional
provisions 13
Part 3—Consequential amendment of other
Acts 22
Great Barrier Reef Marine Park Act
1975 22
Telecommunications Act
1997 22
Part
4—Refunds 24
Part
1—Repeal 25
Environment Protection (Impact of Proposals) Act
1974 25
Part 2—Saving and transitional
provisions 26
Part 3—Consequential amendment of other
Acts 27
Aboriginal Land Rights (Northern Territory) Act
1976 27
Australian Heritage Commission Act
1975 27
Biological Control Act
1984 28
Environment Protection (Sea Dumping) Act
1981 30
Hazardous Waste (Regulation of Exports and Imports) Act
1989 31
Lands Acquisition Act
1989 32
Resource Assessment Commission Act
1989 33
Sea Installations Act
1987 33
Telecommunications Act
1997 35
Wildlife Protection (Regulation of Exports and Imports) Act
1982 35
Part
1—Repeal 37
National Parks and Wildlife Conservation Act
1975 37
Part 2—Saving and transitional
provisions 38
Part 3—Consequential amendment of other
Acts 47
Aboriginal Land Grant (Jervis Bay Territory) Act
1986 47
Aboriginal Land Rights (Northern Territory) Act
1976 49
Antarctic Treaty (Environment Protection) Act
1980 53
Australian Heritage Commission Act
1975 53
Environment Protection (Alligator Rivers Region) Act
1978 53
Environment Protection (Northern Territory Supreme Court) Act
1978 56
Great Barrier Reef Marine Park Act
1975 57
Koongarra Project Area Act
1981 58
Lands Acquisition Act
1989 59
Natural Heritage Trust of Australia Act
1997 60
Telecommunications Act
1997 60
Wildlife Protection (Regulation of Exports and Imports) Act
1982 60
Part
1—Repeal 62
Whale Protection Act
1980 62
Part 2—Saving and transitional
provisions 63
Part 3—Consequential amendment of other
Acts 65
Antarctic Marine Living Resources Conservation Act
1981 65
Part
4—Refunds 66
Part
1—Repeal 67
World Heritage Properties Conservation Act
1983 67
Part 2—Saving and transitional
provisions 68
Part 3—Consequential amendment of other
Acts 70
Telecommunications Act
1997 70
Wet Tropics of Queensland World Heritage Area Conservation Act
1994 70
Aboriginal Land Grants (Jervis Bay Territory) Act
1986 72
Airports Act
1996 72
Environment Protection (Alligator Rivers Region) Act
1978 73
Environment Protection (Northern Territory Supreme Court) Act
1978 74
Great Barrier Reef Marine Park Act
1975 74
Hazardous Waste (Regulation of Exports and Imports) Amendment Act
1996 75
Ozone Protection Act
1989 76
Resource Assessment Commission Act
1989 76
Telecommunications Act
1997 77
Wildlife Protection (Regulation of Exports and Imports) Amendment Act
1995 80
A Bill for an Act to repeal and amend Acts and make other
provisions consequential on the enactment of the Environment Protection and
Biodiversity Conservation Act 1998, to make technical amendments, and for
related purposes
The Parliament of Australia enacts:
1
Short title
This Act may be cited as the Environmental Reform (Consequential
Provisions) Act 1998.
2
Commencement
(1) Subject to this section, this Act commences when the Environment
Protection and Biodiversity Conservation Act 1998 commences.
(2) The amendments of the Koongarra Project Area Act 1981 in
Schedule 4 to this Act do not commence if section 3 of that Act commences before
the Environment Protection and Biodiversity Conservation Act
1998.
(3) The amendment of the Hazardous Waste (Regulation of Exports and
Imports) Amendment Act 1996 in Schedule 7 to this Act is taken to have
commenced immediately after that Act received the Royal Assent.
(4) The amendment of the Wildlife Protection (Regulation of Exports and
Imports) Amendment Act 1995 in Schedule 7 to this Act is taken to have
commenced immediately after that Act received the Royal Assent.
3
Schedule(s)
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
Schedule
1—Application of the new
Act
(1) In this Schedule:
action has the meaning given by the new Act.
Administrative Procedures means the administrative procedures
approved by the Governor-General by order under the EPIP Act.
EPIP Act means the Environment Protection (Impact of
Proposals) Act 1974.
EPIP activity means an activity:
(a) described in subsection 5(1) of the EPIP Act; and
(b) proposed before the commencement of the new Act to be undertaken;
and
(c) for which a proponent was designated under the Administrative
Procedures before the commencement of the new Act.
finalised has the meaning given by item 1AB.
new Act means the Environment Protection and Biodiversity
Conservation Act 1998.
(2) For the purposes of this Schedule, an action is related
to an EPIP activity or a Commonwealth action (as defined in the
Administrative Procedures) if the EPIP activity or Commonwealth action did,
does, will or is likely to have the effect of permitting, causing, promoting or
facilitating the action.
2
When is environmental assessment finalised?
(1) This item applies in relation to an environmental impact statement,
public environment report or inquiry directed under the EPIP Act or the
Administrative Procedures (regardless of whether the EPIP Act and Administrative
Procedures apply of their own force or because of Part 2 of Schedule 3 to this
Act).
(2) An environmental impact statement is finalised when the
final environmental impact statement is given to the Department responsible for
the EPIP Act.
(3) A public environment report is finalised when:
(a) a copy of all written comments (if any) received under the
Administrative Procedures on the report has been given to the Department
responsible for the EPIP Act, if the report is to be made available for public
comment under the Administrative Procedures; or
(b) the report is given to the Minister or Department responsible for the
EPIP Act, if the report is not to be made available for public comment under the
Administrative Procedures.
(4) An inquiry report is finalised when it is given to the
Minister responsible for the EPIP Act.
3
Actions assessed under the EPIP Act before the new Act commences need not be
assessed under the new Act
Actions that are EPIP
activities
(1) Neither Part 3, nor Subdivision A of Division 4 of Part 11, of the new
Act applies to an action that is an EPIP activity if, before the commencement of
the new Act, all of the provisions of the Administrative Procedures (except
those dealing with review of environmental aspects of proposed actions) relevant
to the EPIP activity had been complied with.
Note: The EPIP Act and Administrative Procedures continue to
apply to the EPIP activity. See Part 2 of Schedule 3 to this
Act.
Actions related to EPIP
activities
(2) Neither Part 3, nor Subdivision A of Division 4 of Part 11, of the new
Act applies to an action that is related to an EPIP activity if:
(a) before the commencement of the new Act, all of the provisions of the
Administrative Procedures (except those dealing with review of environmental
aspects of proposed actions) relevant to the EPIP activity had been complied
with; and
(b) in complying with those provisions, the certain and likely impacts of
the action were taken into account.
4
Actions being assessed under EPIP Act when new Act commences need not be
assessed under new Act
Actions that are EPIP
activities
(1) Neither Part 3, nor Subdivision A of Division 4 of Part 11, of the new
Act applies to an action that is an EPIP activity if, before the commencement of
the new Act, the Minister administering the EPIP Act had:
(a) decided under the Administrative Procedures that an environmental
impact statement or public environment report relating to the EPIP activity
should be submitted; or
(b) directed under section 11 of the EPIP Act that an inquiry be conducted
in respect of a matter including the EPIP activity.
Note: The EPIP Act and Administrative Procedures continue to
apply to the EPIP activity. See Part 2 of Schedule 3 to this
Act.
Actions that are
related to EPIP activities
(2) Neither Part 3, nor Subdivision A of Division 4 of Part 11, of the new
Act applies to an action that is related to an EPIP activity if:
(a) before the commencement of the new Act, the Minister administering the
EPIP Act had:
(i) decided under the Administrative Procedures that an environmental
impact statement or public environment report relating to the EPIP activity
should be submitted; or
(ii) directed under section 11 of the EPIP Act that an inquiry be
conducted in respect of a matter including the EPIP activity; and
(b) the Minister administering Part 3 of the new Act has certified under
item 1E that the impacts that the action has, will have or is likely to have on
the environment have been, are being or will be assessed under the
Administrative Procedures (as applying because of the EPIP Act or Part 2 of
Schedule 3 to this Act).
New Act may apply if assessment not finalised in
2 years
(3) Two years after the commencement of the new Act, this item ceases to
apply to an action described in subitem (1) or (2) if the environmental impact
statement, public environment report or inquiry report (as appropriate) has not
been finalised before that time.
5
Actions covered by agreement for assessment under the EPIP Act need not be
assessed under the new Act
No assessment needed under new Act if there is
agreement
(1) Neither Part 3, nor Subdivision A of Division 4 of Part 11, of the new
Act applies to an action that is an EPIP activity, or is related to an EPIP
activity, if:
(a) before the commencement of the new Act, no decision had been made
under the Administrative Procedures as to whether an environmental impact
statement or a public environment report was required in relation to the EPIP
activity; and
(b) the Minister administering Part 3 of the new Act and the proponent of
the EPIP activity designated under the Administrative Procedures agree in
writing that the following should continue to apply in relation to the EPIP
activity:
(i) the EPIP Act;
(ii) the Administrative Procedures;
(iii) the regulations made under the EPIP Act; and
(c) in the case of an action related to the EPIP activity—that
Minister has certified under item 1E that the impacts that the action has, will
have or is likely to have on the environment have been, are being or will be
assessed under the Administrative Procedures (as applying because of the EPIP
Act or Part 2 of Schedule 3 to this Act).
Note: The EPIP Act and Administrative Procedures continue to
apply to the EPIP activity. See Part 2 of Schedule 3 to this
Act.
Consulting States and Territories before making
agreement
(2) Before the Minister administering Part 3 of the new Act makes an
agreement under subitem (1) affecting the application of that Part to an action
that is to be taken in a State or self-governing Territory (as defined in the
new Act), he or she must consult the appropriate Minister of the State or
Territory about the proposal to make the agreement.
Consultation about actions in State
waters
(3) Subitem (2) applies to an action that is to be taken on, over or under
the seabed vested in a State by section 4 of the Coastal Waters (State Title)
Act 1980 in the same way that it applies to an action to be taken in the
State.
Consultation about actions in Northern Territory
waters
(4) Subitem (2) applies to an action to be taken on, over or under the
seabed vested in the Northern Territory by section 4 of the Coastal Waters
(Northern Territory Title) Act 1980 in the same way that it applies to an
action to be taken in the Territory.
New Act may apply if
assessment not finalised in 2 years
(5) Two years after the commencement of the new Act, this item ceases to
apply to an action described in subitem (1) if, by that time:
(a) an environmental impact statement relating to the EPIP activity is
required under the Administrative Procedures and has not been finalised;
or
(b) a public environment report relating to the EPIP activity is required
under the Administrative Procedures and has not been finalised; or
(c) an inquiry has been directed under the EPIP Act in relation to the
EPIP activity and the inquiry report has not been finalised.
6
Certification of coverage of impacts by assessment
(1) For the purposes of items 1B and 1C, the Minister administering Part 3
of the new Act may certify in writing that the impacts that a specified action
has, will have or is likely to have on the environment have been, are being or
will be assessed under the Administrative Procedures (as applying because of the
EPIP Act or Part 2 of Schedule 3 to this Act).
(2) That Minister may do so either of that Minister’s own accord, or
in response to a written request from a person.
(3) In deciding whether to certify, that Minister may consider only whether
the impacts that a specified action has, will have or is likely to have on the
environment have been, are being or will be assessed under the Administrative
Procedures (as applying because of the EPIP Act or Part 2 of Schedule 3 to this
Act).
(4) A person may give that Minister a written request that that Minister
certify in relation to a particular action. That Minister must decide whether to
grant the request within 30 days of receiving it.
(5) That Minister may, by instrument in writing, revoke a certificate
relating to an action if:
(a) either:
(i) substantial new information relating to the action has become
available since the certificate was made; or
(ii) a substantial change in circumstances has occurred that was not
foreseen at the time the certificate was made; and
(b) because of the new information or change, that Minister is satisfied
that an impact that the action has, will have or is likely to have on the
environment has not been, is not being and will not be assessed under the
Administrative Procedures (as applying because of the EPIP Act or Part 2 of
Schedule 3 to this Act).
7 Actions exempted
from Administrative Procedures need not be assessed under the new
Act
(1) This item applies if, immediately before the commencement of the new
Act, an exemption under the Administrative Procedures was in force so that
neither an environmental impact statement, nor a public environment report nor
an inquiry under the Procedures was required in relation to a Commonwealth
action (as defined in the Procedures).
(2) For so long as no environmental impact statement, public environment
report or inquiry under the Administrative Procedures would have been required
in relation to the Commonwealth action because of the exemption (had the EPIP
Act not been repealed), neither Part 3, nor Subdivision A of Division 4 of Part
11, of the new Act applies to:
(a) an action (as defined in the new Act) that is the Commonwealth action;
or
(b) an action (as defined in the new Act) that:
(i) is related to the Commonwealth action; and
(ii) the Minister administering Part 3 of the new Act has certified under
subitem (3) is related to the Commonwealth action.
(3) The Minister administering Part 3 of the new Act may certify in writing
that a specified action is related to the Commonwealth action if, and only if,
he or she believes that, when the decision was made to grant the exemption, it
was envisaged that the action, or actions in a class including the action, would
be permitted, caused, promoted or facilitated by:
(a) the Commonwealth action; or
(b) a Commonwealth action in the class of Commonwealth actions to which
the exemption related.
(4) That Minister must not consider any other matters in deciding whether
to certify.
(5) That Minister may certify either of that Minister’s own accord,
or in response to a written request from a person.
(6) A person may give that Minister a written request that that Minister
certify in relation to a particular action. That Minister must decide whether to
grant the request within 30 days of receiving it.
8 Part 3 of the new
Act does not apply to making of regional forest agreements
Part 3 of the new Act does not apply in relation to the negotiation and
making of a regional forest agreement (as defined in that Act) for an area
described in subsection 41(1) of that Act when it commenced if the negotiation
and making of the agreement is an EPIP activity.
Note: The
EPIP Act and Administrative Procedures continue to apply to the EPIP activity.
See Part 2 of Schedule 3 to this Act.
9
Part 3 of the new Act does not apply to installation of some facilities allowed
under the Telecommunications Act
Part 3 of the new Act does not apply to an installation to which clause 55
of Schedule 3 to the Telecommunications Act 1997 applies.
10
Limit on application of the new Act to acts covered by consents under the World
Heritage Act
Subdivision A of Division 1 of Part 3 of the new Act (about world
heritage) does not apply to an act permitted by a consent given under section 9
or 10 of the World Heritage Properties Conservation Act 1983 (whether the
consent was given before the repeal of that Act or under that Act as it
continues to apply because of Part 2 of Schedule 6 to this Act).
Note: The World Heritage Properties Conservation Act
1983 continues to apply instead. See Part 2 of Schedule 6 to this
Act.
11
Parts 3 and 13 of the new Act do not apply to acts allowed by permit under
Endangered Species Protection Act
If a permit in force under the Endangered Species Protection Act
1992 immediately before the commencement of the new Act allowed a person to
do an act, Parts 3 and 13 of the new Act do not apply to the doing of the act by
the person during the period for which the permit continues in force because of
Part 2 of Schedule 2 to this Act.
12
Parts 3 and 13 of the new Act do not apply to acts allowed by permit under the
Whale Protection Act
If a permit in force under the Whale Protection Act 1980 immediately
before the commencement of the new Act allowed a person to do an act, Parts 3
and 13 of the new Act do not apply to the doing of the act by the person during
the period for which the permit continues in force because of Part 2 of Schedule
5 to this Act.
13
Application of section 316 of the new Act
To avoid doubt, section 316 of the new Act applies in relation to a
property whether it was included in the World Heritage List before or after the
commencement of that Act.
14
Application of section 328 of the new Act
To avoid doubt, section 328 of the new Act applies in relation to a wetland
whether it was included in the List of Wetlands of International Importance kept
under the Ramsar Convention before or after the commencement of that
Act.
15
Application of section 359 of the new Act
To avoid doubt, section 359 of the new Act does not apply in relation to
usage rights held by the Director of National Parks and Wildlife immediately
before the commencement of that Act.
Schedule
2—Endangered Species
Protection Act 1992: repeal etc.
Endangered
Species Protection Act 1992
Repeal the Act.
Part
2—Saving and transitional
provisions
In this Part:
new Act means the Environment Protection and Biodiversity
Conservation Act 1998.
Species Act means the Endangered Species Protection Act
1992.
3
Listing of species, ecological communities and key threatening
processes
Application
(1) Subitems (2) and (3) apply if, immediately before the commencement of
the new Act:
(a) an item had been nominated by a person under section 25 of the Species
Act for inclusion in a list in Schedule 1, 2 or 3 to that Act; and
(b) the Minister administering that Act had not:
(i) added the item to the list; or
(ii) decided not to add the item to the list.
Nominated item to be dealt with under new
Act
(2) The person is taken to have nominated the item under subsection 191(1)
of the new Act, as shown in the following table.
Purposes for which person is taken to have nominated item
|
Item
|
Description of item nominated under Species Act
|
Purposes for which person is taken to have nominated item
|
1
|
Species nominated for inclusion in the list in Part 1 of Schedule 1 to the
Species Act
|
For inclusion in the category of the list mentioned in paragraph 178(1)(d)
of the new Act
|
2
|
Species nominated for inclusion in the list in Part 2 of Schedule 1 to the
Species Act
|
For inclusion in the category of the list mentioned in paragraph 178(1)(e)
of the new Act
|
3
|
Species nominated for inclusion in the list in Part 3 of Schedule 1 to the
Species Act
|
For inclusion in the category of the list mentioned in paragraph 178(1)(a)
of the new Act
|
4
|
Ecological community
|
For inclusion in the category of the list mentioned in paragraph 181(1)(b)
of the new Act
|
5
|
Threatening process
|
For inclusion in the list mentioned in section 183 of the new Act
|
Time limit for Scientific Committee to deal with
nomination
(3) Subsection 189(4) of the new Act applies in relation to a nominated
species or ecological community as if the Threatened Species Scientific
Committee had received the nomination under section 191 of that Act from the
Minister administering that Act on the later of the following days (or either of
them if the days are the same):
(a) the day the nomination was made under the Species Act;
(b) the day 6 months before the commencement of the new Act.
Scientific Committee taken to have given advice
under new Act
(4) If:
(a) in performing its function under paragraph 159(1)(a) of the Species
Act, the Endangered Species Scientific Subcommittee advised the Minister
administering the Species Act to add an item to, or delete an item from, a list
in a Schedule to that Act; and
(b) that Minister had not made a decision on the addition or deletion of
the item before the commencement of the new Act;
the Threatened Species Scientific Committee is taken to give corresponding
advice under section 189 of the new Act to the Minister administering the new
Act on the day on which the relevant list mentioned in the third column of the
table in subitem (5) is established.
What is corresponding
advice?
(5) The table shows what is corresponding advice taken to
have been given by the Threatened Species Scientific Committee.
Corresponding advice
|
Item
|
Advice given by Endangered Species Scientific Subcommittee
|
Corresponding advice taken to be given by Threatened Species Scientific
Committee
|
1
|
To add a species to the list in Part 1 of Schedule 1 to the Species Act
|
To include the species in the category of the list mentioned in paragraph
178(1)(d) of the new Act
|
2
|
To delete a species from the list in Part 1 of Schedule 1 to the Species
Act
|
To delete the species from the category of the list mentioned in paragraph
178(1)(d) of the new Act
|
3
|
To add a species to the list in Part 2 of Schedule 1 to the Species Act
|
To include the species in the category of the list mentioned in paragraph
178(1)(e) of the new Act
|
4
|
To delete a species from the list in Part 2 of Schedule 1 to the Species
Act
|
To delete the species from the category of the list mentioned in paragraph
178(1)(e) of the new Act
|
5
|
To add a species to the list in Part 3 of Schedule 1 to the Species Act
|
To include the species in the category of the list mentioned in paragraph
178(1)(a) of the new Act
|
6
|
To delete a species from the list in Part 3 of Schedule 1 to the Species
Act
|
To delete the species from the category of the list mentioned in paragraph
178(1)(a) of the new Act
|
7
|
To add an ecological community to the list in Schedule 2 to the Species
Act
|
To include the ecological community in the category of the list mentioned
in paragraph 181(1)(b) of the new Act
|
8
|
To delete an ecological community from the list in Schedule 2 to the
Species Act
|
To delete the ecological community from the category of the list mentioned
in paragraph 181(1)(b) of the new Act
|
9
|
To add a threatening process to the list in Schedule 3 to the Species
Act
|
To include the threatening process in the list mentioned in section 183 of
the new Act
|
10
|
To delete a threatening process from the list in Schedule 3 to the Species
Act
|
To delete the threatening process from the list mentioned in section 183 of
the new Act
|
Minister may ask Scientific Committee to review
advice
(6) The Minister administering Division 1 of Part 13 of the new Act may
request the Threatened Species Scientific Committee to review the Endangered
Species Scientific Subcommittee’s advice described in subitem (4), and
report to that Minister on the review, within 3 months. If that Minister does
so:
(a) the Committee is not taken to have given corresponding advice as
described in that subitem; and
(b) subsections 189(2) and (3) of the new Act apply in relation to the
Committee as if that Minister had sought the Committee’s advice under
subsection 189(1) of that Act in relation to the matter that was the subject of
the Subcommittee’s advice; and
(c) subsections 189(5) and (6) of the new Act apply as if the
Committee’s report were advice to that Minister.
Time limit for Minister to request
review
(7) The Minister must not make a request for review of advice to add an
item to, or delete an item from, a list more than 90 days after the day on which
the relevant list mentioned in the third column of the table in subitem (5) is
established.
Relationship between
subitems
(8) Subitem (6) has effect despite subitems (3) and (4).
4
Continuation of recovery plans and threat abatement plans
Continuation of recovery
plans
(1) A recovery plan or threat abatement plan that was approved or adopted
under the Species Act and was in force under that Act immediately before the
commencement of the new Act has effect for the purposes of the new Act as if the
plan had been made or adopted under the new Act.
Review of continued plans
(2) Subsection 279(2) of the new Act applies in relation to the plan as if
the intervals were measured from the day the plan was adopted or approved under
the Species Act.
Continued plan need not deal with certain matters
before review
(3) This item has effect in relation to a plan before the first review of
the plan under section 279 of the new Act, even if the plan does not comply with
subsection 270(2) or 271(2) (as appropriate) of the new Act.
5
Continued preparation of recovery plans and threat abatement
plans
(1) If, before the commencement of the new Act, the Director had complied
with section 39 of the Species Act in relation to a draft plan and the Minister
administering that Act had not approved the plan under that Act, the Minister
administering the new Act need not comply with section 275 of the new Act before
making a plan under section 267 of the new Act that is based on the draft
plan.
(2) The Minister administering the new Act may make the plan even if he or
she has not received advice described in paragraph 274(1)(b) of the new
Act.
6
Conservation agreements
For the purposes of the new Act, a conservation agreement made under the
Species Act has effect as if:
(a) it had been made under the new Act; and
(b) any reference in it to the Director (as defined in the Species Act)
were a reference to the Minister administering the new Act.
Continuation of permanent and interim
conservation orders
(1) For the purposes of the new Act, a permanent conservation order or
interim conservation order in force under the Species Act immediately before the
commencement of the new Act has effect as if it were a conservation order made
under Division 13 of Part 17 of the new Act.
Expiry of interim conservation
orders
(2) However, an interim conservation order does not have effect after the
last day on which it could have had effect under the Species Act if the Species
Act had not been repealed.
Reconsideration of permanent and interim
conservation orders
(3) If, before the commencement of the new Act:
(a) the Minister administering the Species Act made a permanent
conservation order or an interim conservation order under the Species Act;
and
(b) a person applied to that Minister under the Species Act for
reconsideration of the order or for reconsideration of a decision on review of
the order; and
(c) that Minister had not confirmed, varied or revoked the order or
decision;
that Minister must not confirm, vary or revoke the order or decision,
despite section 8 of the Acts Interpretation Act 1901.
Minister’s advice about conservation
orders
(4) For the purposes of the new Act, advice given under Division 4 of Part
6 of the Species Act by the Minister administering the Species Act in relation
to a permanent conservation order or an interim conservation order has effect as
if it had been given under Division 13 of Part 17 of the new Act.
Continuation of impact assessment conservation
orders
(5) Despite the repeal of the Species Act, an impact assessment
conservation order that was in force under the Species Act immediately before
its repeal continues to have effect in relation to an action to which Part 3 of
the new Act does not apply because of item 4, 5 or 8 of Schedule 1 to this Act
as if the following provisions had not been repealed:
(a) Division 3 of Part 5 of the Species Act;
(b) the other provisions of the Species Act, so far as they relate to
impact assessment conservation orders.
Modification of provisions of Species
Act
(6) The provisions mentioned in paragraphs (5)(a) and (b) apply for the
purposes of subitem (5) as if:
(a) a reference in those provisions to the Director were a reference to
the Secretary to the Department administering Division 13 of Part 17 of the new
Act; and
(b) a reference in those provisions to the Minister were a reference to
the Minister administering that Division; and
(c) a reference in those provisions to the Environment Protection
(Impact of Proposals) Act 1974 were a reference to that Act as it continues
to apply because of Part 2 of Schedule 3 to this Act; and
(d) a reference in those provisions to the EPIP administrative procedures
were a reference to the Administrative Procedures that apply because of Part 2
of Schedule 3 to this Act.
(1) Despite the repeal of the Species Act:
(a) a permit that was issued under that Act and was in force immediately
before the repeal of that Act continues in force for the period for which it
would have been in force if that Act had not been repealed; and
(b) that Act (as in force immediately before its repeal) continues to
operate in relation to the permit and the action covered by the permit as
if:
(i) references in that Act to the Director were references to the
Secretary to the Department administering Division 1 of Part 13 of the new Act;
and
(ii) references in the Species Act to the Minister were a reference to the
Minister administering that Division.
(2) If, before the commencement of the new Act:
(a) a person applied under the Species Act to the Minister administering
that Act for reconsideration of a decision by the Director relating to a permit
under the Species Act; and
(b) that Minister had not confirmed, varied or revoked the
decision;
that Minister must not confirm, vary or revoke the order or decision,
despite subitem (1) and section 8 of the Acts Interpretation Act
1901.
9
AAT review of advice relating to conservation orders
(1) This item extends subsection 43(1) of the Administrative Appeals
Tribunal Act 1975 for the purposes of an application made at any time to the
Administrative Appeals Tribunal (in accordance with that Act) for review of a
decision by the Minister administering the Species Act to give advice under
Division 4 of Part 6 of the Species Act.
Note: Subsection 25(7) of the Administrative Appeals
Tribunal Act 1975 allows the President of the Administrative Appeals
Tribunal to specify a person to take the place of the Minister administering the
Species Act in proceedings after the repeal of the Species Act.
(2) Without limiting subsection 43(1) of the Administrative Appeals
Tribunal Act 1975, the Tribunal may:
(a) exercise the powers and discretions of the Minister administering the
new Act for the purpose of varying the decision of the Minister administering
the Species Act or substituting another decision for the decision of the
Minister administering the Species Act; or
(b) remit the matter to the Minister administering the new Act for
consideration in accordance with any directions or recommendations of the
Tribunal.
10
Inventories and surveys
Inventories of species and communities on
land
(1) An inventory prepared under section 165 of the Species Act for an area
has effect for the purposes of the new Act as if it had been prepared under
section 172 of the new Act.
Surveys of species in marine
areas
(2) A survey prepared under section 166 of the Species Act for an area has
effect for the purposes of the new Act as if it had been prepared under section
173 of the new Act.
Certain obligations not
affected
(3) This item does not affect the obligations under the new Act of the
Minister administering that Act to prepare an inventory or survey of the
following in an area:
(a) listed threatened ecological communities (except communities included
in the endangered category of the list mentioned in section 181 of the new
Act);
(b) listed migratory species;
(c) listed marine species.
Part
3—Consequential amendment of
other Acts
Great
Barrier Reef Marine Park Act 1975
11
Subsection 3(1) (definition of
ecological
community)
Omit “Endangered Species Protection Act 1992”,
substitute “Environment Protection and Biodiversity Conservation Act
1998”.
12
Subsection 3(1) (definition of
species)
Omit “Endangered Species Protection Act 1992”,
substitute “Environment Protection and Biodiversity Conservation Act
1998”.
The amendments of the Great Barrier Reef Marine Park Act 1975 made
by this Schedule do not affect the validity of a plan of management, agreement
or arrangement made under Part VB of that Act.
Telecommunications
Act 1997
14
Clause 2 of Schedule 3 (definition of
ecological
community)
Omit “Endangered Species Protection Act 1992”,
substitute “Environment Protection and Biodiversity Conservation Act
1998”.
15
Clause 2 of Schedule 3 (definition of
endangered ecological
community)
Repeal the definition.
16
Clause 2 of Schedule 3
Insert:
threatened ecological community means an ecological community
that is included in the list of threatened ecological communities kept under
Division 1 of Part 13 of the Environment Protection and Biodiversity
Conservation Act 1998.
17
Clause 2 of Schedule 3 (definition of
threatened
species)
Repeal the definition, substitute:
threatened species means a species that is included in one of
the following categories of the list of threatened species kept under Division 1
of Part 13 of the Environment Protection and Biodiversity Conservation Act
1998:
(a) extinct in the wild;
(b) critically endangered;
(c) endangered;
(d) vulnerable.
18
Subparagraphs 27(7)(a)(vii), (viii) and (ix) of Schedule 3
Omit “an endangered”, substitute “a
threatened”.
The amendment of clause 27 of Schedule 3 to the Telecommunications Act
1997 made by this Part applies in relation to applications for facility
installation permits made after the commencement of the Environment
Protection and Biodiversity Conservation Act 1998.
20
Subparagraphs 55(2)(a)(vii), (viii) and (ix) of Schedule 3
Omit “an endangered”, substitute “a
threatened”.
The amendment of clause 55 of Schedule 3 to the Telecommunications Act
1997 made by this Part applies in relation to installation that a carrier
proposes to commence after the commencement of the Environment Protection and
Biodiversity Conservation Act 1998.
22
Refund of fees for applications for permits
Application of this item
(1) This item applies if, before the commencement of the Environment
Protection and Biodiversity Conservation Act 1998:
(a) a person had made an application for a permit under Division 2 of Part
6 of the Endangered Species Protection Act 1992 accompanied by the
prescribed fee; and
(b) the Director of National Parks and Wildlife had not decided whether to
issue, or to refuse to issue, the permit.
Applicant entitled to refund
(2) The Commonwealth must pay the person an amount equal to the prescribed
fee.
This item is not an
appropriation
(3) To avoid doubt, this item does not appropriate money.
Schedule
3—Environment Protection
(Impact of Proposals) Act 1974: repeal etc.
Environment
Protection (Impact of Proposals) Act 1974
Repeal the Act.
Part
2—Saving and transitional
provisions
In this Part:
Administrative Procedures means the administrative procedures
approved by the Governor-General by order under the EPIP Act.
EPIP Act means the Environment Protection (Impact of
Proposals) Act 1974.
EPIP activity means an activity:
(a) described in subsection 5(1) of the EPIP Act; and
(b) proposed before the commencement of the new Act to be undertaken;
and
(c) for which a proponent was designated under the Administrative
Procedures before the commencement of the new Act.
new Act means the Environment Protection and Biodiversity
Conservation Act 1998.
3
Continued application of EPIP Act to some EPIP activities
The
EPIP Act, and all the instruments (including regulations and Administrative
Procedures) made under it and in force immediately before the commencement of
the new Act, continue to apply in relation to an EPIP activity described in item
3, 4, 5 or 8 of Schedule 1 to this Act, as if:
(a) the EPIP Act had not been repealed; and
(b) the EPIP Act were administered by the Minister administering Part 3 of
the new Act.
Part
3—Consequential amendment of
other Acts
Aboriginal
Land Rights (Northern Territory) Act 1976
Repeal the subsection.
Australian
Heritage Commission Act 1975
5
Subsection 3(1) (definition of
Environment Protection
Act)
Repeal the definition.
Omit “or subsection 25(2)”.
Omit “or subsection 25(5)”.
Omit “and to section 25”.
Omit “or subsection 25(2)”.
Omit “or subsection 25(5)”.
Repeal the section.
12
At the end of paragraph 26(3)(a)
Add “or”.
13
Paragraphs 26(3)(b) and (c)
Repeal the paragraphs, substitute:
(b) the Commission has decided not to enter the place in the Register,
after complying with subsection 23(3).
Repeal the section.
Repeal the section.
Repeal the subsection, substitute:
(1) The annual report on the Commission under section 9 of the
Commonwealth Authorities and Companies Act 1997 must also include a
description of the condition of the national estate at the end of the period to
which the report relates.
The amendment made by item 16 applies only to a report for a period that
starts after the commencement of the Environment Protection and Biodiversity
Conservation Act 1998.
Biological
Control Act 1984
19
At the end of paragraph 19(1)(e)
Add “or”.
Repeal the paragraph.
21
Subsections 19(1A) and (2)
Omit “, (f) or (g)”, substitute “or (f)”.
22
At the end of paragraph 28(1)(e)
Add “or”.
Omit “report; or”, substitute “report.”.
Repeal the paragraph.
25
Subsections 28(1A), (2) and (3)
Omit “, (f) or (g)” (wherever occurring), substitute “or
(f)”.
26
At the end of paragraph 33(1)(c)
Add “or”.
Omit “report; or”, substitute “report.”.
Repeal the paragraph.
29
Subsections 33(1A) and (2)
Omit “, (d) or (e)”, substitute “or (d)”.
30
At the end of paragraph 56(1)(a)
Add “or”.
Omit “Part VII,”, substitute “Part VII
or”.
Omit “, or a commission referred to in the Environment Protection
(Impact of Proposals) Act 1974;”, substitute “;
or”.
33
At the end of paragraphs 56(1)(c) and (d)
Add “or”.
Omit “, the Productivity Commission, or a commission referred to in
the Environment Protection (Impact of Proposals) Act 1974;”,
substitute “or the Productivity Commission; or”.
35
At the end of paragraph 56(1)(f)
Add “or”.
Omit “Part VII,”, substitute “Part VII
or”.
Omit “, or a commission referred to in the Environment Protection
(Impact of Proposals) Act 1974;”, substitute “;
or”.
Environment
Protection (Sea Dumping) Act 1981
38
Subsections 19(2), (3), (4) and (4A)
Repeal the subsections, substitute:
(2) The Minister must either grant or refuse to grant the permit within 90
days after the application is made.
(3) However, if Subdivision A of Division 4 of Part 11 of the
Environment Protection and Biodiversity Conservation Act 1998 applies in
relation to the granting of the permit, the Minister must grant or refuse to
grant the permit within whichever of the following periods ends later (or either
of them if they end at the same time):
(a) 30 days after the day on which the Minister receives advice given
under section 163 of that Act;
(b) 90 days after the application is made.
Note: Under Subdivision A of Division 4 of Part 11 of the
Environment Protection and Biodiversity Conservation Act 1998, certain
persons must get advice from the Minister administering that Subdivision before
authorising an action. Under section 163 of that Act, that Minister must give
advice within 30 days after receiving a report of an environmental assessment of
the action.
(4) Despite Subdivision A of Division 4 of Part 11 of the Environment
Protection and Biodiversity Conservation Act 1998, that Subdivision does not
apply in relation to the granting of a permit described in subsection (5) or
(5A) if the Minister is of the opinion described in that subsection.
Omit “directed to be held under section 11 of the Environment
Protection (Impact of Proposals) Act 1974”, substitute “held
under Part 8 of the Environment Protection and Biodiversity Conservation Act
1998 (as it applies of its own force or because of Subdivision A of Division
4 of Part 11 of that Act)”.
The amendments of the Environment Protection (Sea Dumping) Act 1981
made by this Schedule apply in relation to applications for permits under that
Act made after the commencement of the Environment Protection and
Biodiversity Conservation Act 1998.
Hazardous
Waste (Regulation of Exports and Imports) Act 1989
Repeal the section.
Omit “Environment Protection (Impact of Proposals) Act
1974”, substitute “Environment Protection and Biodiversity
Conservation Act 1998”.
Repeal the subsection, substitute:
(5) If, within the period specified in subsection (1) (or that period as
extended under subsection (2) or (4)), the proposal to grant the Basel permit is
referred under Subdivision A of Division 4 of Part 11 of the Environment
Protection and Biodiversity Conservation Act 1998, the Minister must either
grant or refuse to grant the permit within 30 days after he or she receives
advice under that Subdivision on the proposed grant.
Note: Under Subdivision A of Division 4 of Part 11 of the
Environment Protection and Biodiversity Conservation Act 1998, persons
considering whether to authorise certain actions must get advice on
environmental matters from the Minister administering that
Subdivision.
Repeal the subsection, substitute:
(5) If, within the period specified in subsection (1) (or that period as
extended under subsection (2) or (4)), the proposal to vary the Basel permit is
referred under Subdivision A of Division 4 of Part 11 of the Environment
Protection and Biodiversity Conservation Act 1998, the Minister must decide
whether to make the variation within 30 days after he or she receives advice
under that Subdivision on the proposed variation.
Note: Under Subdivision A of Division 4 of Part 11 of the
Environment Protection and Biodiversity Conservation Act 1998, persons
considering whether to authorise certain actions must get advice on
environmental matters from the Minister administering that
Subdivision.
The amendments of the Hazardous Waste (Regulation of Exports and
Imports) Act 1989 made by this Schedule apply in relation to applications
for Basel permits, and for variations of Basel permits, made after the
commencement of the Environment Protection and Biodiversity Conservation Act
1998.
Lands
Acquisition Act 1989
Repeal the subsection.
Repeal the section, substitute:
42
Special provision regarding land in public park
The Minister may not make a declaration under subsection 41(1) regarding
an interest in land that consists of, or is in, a public park unless the
Government of the State or Territory in which the land is situated has consented
to the acquisition of the interest.
Resource
Assessment Commission Act 1989
Omit “Environment Protection (Impact of Proposals) Act
1974”, substitute “Environment Protection and Biodiversity
Conservation Act 1998”.
Sea
Installations Act 1987
49
After subsection 20(5)
Insert:
(5A) However, if Subdivision A of Division 4 of Part 11 of the
Environment Protection and Biodiversity Conservation Act 1998 applies in
relation to the granting of the permit, the Minister must grant or refuse to
grant the permit within 30 days after the day on which the Minister receives
advice given under that Subdivision on the proposed grant of the
permit.
Note: Under Subdivision A of Division 4 of Part 11 of the
Environment Protection and Biodiversity Conservation Act 1998, persons
considering whether to authorise certain actions must get advice on
environmental matters from the Minister administering that
Subdivision.
50
After subsection 26(4)
Insert:
(4A) However, if Subdivision A of Division 4 of Part 11 of the
Environment Protection and Biodiversity Conservation Act 1998 applies in
relation to the renewal of the permit, the Minister must renew or refuse to
renew the permit within 30 days after the day on which the Minister receives
advice given under that Subdivision on the proposed renewal of the
permit.
Note: Under Subdivision A of Division 4 of Part 11 of the
Environment Protection and Biodiversity Conservation Act 1998, persons
considering whether to authorise certain actions must get advice on
environmental matters from the Minister administering that
Subdivision.
51
After subsection 31(3)
Insert:
(3A) However, if Subdivision A of Division 4 of Part 11 of the
Environment Protection and Biodiversity Conservation Act 1998 applies in
relation to the variation of the permit, the Minister must decide whether to
vary the permit within 30 days after the day on which the Minister receives
advice given under that Subdivision on the proposed variation of the
permit.
Note: Under Subdivision A of Division 4 of Part 11 of the
Environment Protection and Biodiversity Conservation Act 1998, persons
considering whether to authorise certain actions must get advice on
environmental matters from the Minister administering that
Subdivision.
52
Division 5 of Part III
Repeal the Division.
53
After subsection 41(5)
Insert:
(5A) However, if Subdivision A of Division 4 of Part 11 of the
Environment Protection and Biodiversity Conservation Act 1998 applies in
relation to the granting of the exemption certificate, the Minister must grant
or refuse to grant the certificate within 28 days after the day on which the
Minister receives advice given under that Subdivision on the proposed grant of
the certificate.
Note: Under Subdivision A of Division 4 of Part 11 of the
Environment Protection and Biodiversity Conservation Act 1998, persons
considering whether to authorise certain actions must get advice on
environmental matters from the Minister administering that
Subdivision.
Omit “Environment Protection (Impact of Proposals) Act
1974”.
The amendments of the
Sea Installations Act 1987 made by this
Schedule apply in relation to applications for grant, renewal or variation of
permits and for grant of exemption certificates under that Act made after the
commencement of the
Environment
Protection and Biodiversity Conservation Act 1998.
Telecommunications
Act 1997
56
Clause 2 of Schedule 3 (definition of
Environment
Secretary)
Omit “the Environment Protection (Impact of Proposals) Act
1974”, substitute “the Environment Protection and
Biodiversity Conservation Act 1998”.
57
Subclause 28(1) of Schedule 3
Repeal the subclause, substitute:
(1) Chapters 2 and 4 and Divisions 1 to 4 (inclusive) of Part 13 of the
Environment Protection and Biodiversity Conservation Act 1998 do not
apply to:
(a) the performance of a function, or the exercise of a power, conferred
on the ACA by this Division; or
(b) an action (as defined in that Act) authorised by a facility
installation permit.
Wildlife
Protection (Regulation of Exports and Imports) Act 1982
58
Subsections 24(2) and (3)
Repeal the subsections, substitute:
(2) The Minister must either grant or refuse to grant the permit within 90
days after the application is made.
(3) However, if
Subdivision A of Division 4 of Part 11 of the
Environment Protection and
Biodiversity Conservation Act 1998 applies in relation to the granting of
the permit, the Minister must grant or refuse to grant the permit within 30 days
after the day on which the Minister receives advice given under that Subdivision
on the proposed grant.
Note: Under Subdivision A of Division 4 of Part 11 of the
Environment Protection and Biodiversity Conservation Act 1998, persons
considering whether to authorise certain actions must get advice on
environmental matters from the Minister administering that
Subdivision.
The amendment of the Wildlife Protection (Regulation of Exports and
Imports) Act 1982 made by this Schedule applies in relation to applications
for permits (and, because of section 39 of that Act, to applications for
authorities) under that Act made after the commencement of the Environment
Protection and Biodiversity Conservation Act 1998.
Schedule
4—National Parks and
Wildlife Conservation Act 1975: repeal etc.
National
Parks and Wildlife Conservation Act 1975
Repeal the Act.
Part
2—Saving and transitional
provisions
In this Part:
Director means the Director of National Parks and Wildlife
established by the Parks Act.
new Act means the Environment Protection and Biodiversity
Conservation Act 1998.
Parks Act means the National Parks and Wildlife
Conservation Act 1975.
3
Continuation of parks and reserves
(1) A Proclamation under Part II of the Parks Act of an area as a park or
reserve that was in force immediately before the commencement of the new Act
continues in force as if it had been made under section 344 of the new Act
immediately after that commencement, so that the area is declared as a
Commonwealth reserve under the new Act.
(2) A Proclamation of an area as a park under the Parks Act continues in
force as if it stated that the purposes for which the area was declared
were:
(a) the preservation of the area in its natural condition; and
(b) the encouragement and regulation of the appropriate use, appreciation
and enjoyment of the area by the public.
(3) If, immediately before the commencement of the new Act, an area was
proclaimed as a park or reserve under the Parks Act and was managed as a botanic
garden (as defined in the Parks Act), the Proclamation of the area continues in
force as if it included a statement that the purposes for which the area was
declared included the object specified in paragraph 11(8)(ca) of the Parks
Act.
(4) This item does not prevent amendment of the Proclamation by another
Proclamation made under Division 4 of Part 15 of the new Act.
(5) To avoid doubt, paragraphs 357(1)(a) and (2)(a) of the new Act do not
apply to a Commonwealth reserve to which this item relates until the reserve is
assigned to an IUCN category by a Proclamation made under Division 4 of Part 15
of the new Act or a management plan made under that Division.
(6) Paragraph 368(3)(a) of the new Act applies in relation to the
preparation of a management plan for a Commonwealth reserve to which this item
relates as if the reference in the paragraph to a report considered by the
Minister under section 351 of that Act included a reference to a report
considered by the Executive Council under subsection 7(11) of the Parks Act in
relation to the park or reserve taken to have been declared as the Commonwealth
reserve.
4
Continuation of plans of management
(1) A plan of management in force for a park or reserve under Part II of
the Parks Act immediately before the commencement of the new Act continues in
force after that commencement as a management plan for the corresponding
Commonwealth reserve as if:
(a) the Minister administering the new Act had approved it under section
370 of that Act; and
(b) it were not required to be laid before each House of the Parliament
and were not able to be disallowed because of section 371 of the new
Act.
(2) However, the plan ceases to have effect on the earlier of the following
days (or either of them if they are the same):
(a) the day it would have ceased to have had effect if the Parks Act had
not been repealed;
(b) the day 7 years after the commencement of the new Act.
(3) This item has effect in relation to a plan even if the plan does not
comply with section 367 of the new Act.
(4) This item does not prevent amendment of the plan by another management
plan approved under Division 4 of Part 15 of the new Act.
5
Continuation of preparation of plans
(1) If, before the commencement of the new Act:
(a) the Director published a notice under subsection 11(2A) of the Parks
Act relating to a park or reserve that later became a Commonwealth reserve
because of this Schedule; and
(b) the Minister administering the Parks Act had not accepted under
section 11 of the Parks Act a plan of management for the park or reserve
submitted by the Director after the Director published the notice;
Division 4 (the new Division) of Part 15 of the new Act
applies in relation to the preparation of a management plan for the Commonwealth
reserve with the applicable modifications set out in this item.
(2) The new Division applies as if paragraph 368(1)(a) and subsection
368(2) were omitted from the new Act.
(3) If the Director published a notice under subsection 11(10) of the Parks
Act after publishing the notice referred to in paragraph (1)(a) of this item,
the new Division applies as if:
(a) paragraphs 368(1)(b) and (c) and subsection 368(5) were also omitted
from the new Act; and
(b) if the date specified in the notice under paragraph 11(10)(b) of the
Parks Act has passed—paragraph 368(1)(d) were also omitted from the new
Act.
(4) If subitem (3) does not apply, the new Division applies as if the
reference in paragraph 368(1)(b) of the new Act to comments were a reference to
representations received in response to the notice referred to in paragraph
(1)(a) of this item.
(5) If the Director submitted a plan of management for the park or reserve
under subsection 11(12) of the Parks Act to the Minister administering that Act
after publishing the notice referred to in paragraph (1)(a) of this item, the
new Division applies as if:
(a) paragraphs 368(1)(d) and (e) were also omitted from the new Act;
and
(b) the plan had been given to the Minister administering the new Division
under subsection 370(1) of the new Act and subsection 370(2) of the new Act had
been complied with in relation to the plan.
(6) If subitem (5) does not apply but subitem (3) does, the new Division
applies as if the reference in paragraph 368(1)(e) of the new Act to comments
were a reference to representations received in response to the notice under
subsection 11(10) of the Parks Act.
(7) Subitems (1) to (6) (inclusive) do not apply to the preparation of a
management plan for a Commonwealth reserve after the first approval under the
new Division of a management plan for the reserve.
6
Continuation of Boards for parks and reserves
(1) This item effectively continues in existence each of the following
Boards (the old Boards) that was established under Part IIA of the
Parks Act and was in existence immediately before the commencement of the new
Act:
(a) the Board for the park that was declared under Part II of the Parks
Act and assigned the name Booderee National Park;
(b) the Board for so much of the reserve declared under Part II of the
Parks Act and assigned the name Australian National Botanic Gardens as was in
the Jervis Bay Territory;
(c) the Board for the park that was declared under Part II of the Parks
Act and assigned the name Kakadu National Park;
(d) the Board for the park that was declared under Part II of the Parks
Act and assigned the name Uluru-Kata Tjuta National
Park.
(2) A section 14C notice (as defined in Part IIA of the Parks Act) that was
in force immediately before the commencement of the new Act continues in force
as if:
(a) it had been published in the Gazette under section 377 of the
new Act immediately after that commencement; and
(b) it provided for an additional member of the Board, whose qualification
for membership is nomination by the Northern Territory, in the case of a section
14C notice relating to Kakadu National Park or Uluru-Kata Tjuta
National Park.
(3) The Minister administering Division 4 of Part 15 of the new Act must
appoint under section 379 of the new Act a member of the Board referred to in
paragraph (2)(b) of this item within 3 months of the commencement of the new Act
(unless the Northern Territory has not nominated a person as member within that
period).
(4) This item does not prevent amendment of the notice under section 378 of
the new Act.
(5) For the purposes of the new Act, a person who was a member of an old
Board immediately before the commencement of that Act holds office as a member
of the Board established because of subitem (2).
(6) The person holds office as a member of the Board for so much of the
period specified in the instrument appointing him or her a member of the old
Board as had not elapsed before the commencement of the new Act. This subitem
has effect subject to sections 380 and 382 of that Act.
Note: Subsection 14F(2) of the Parks Act provided that
certain instruments of appointment were taken to specify a 5 year period of
appointment.
7
Continuation of town plans
A town plan that was in force for the purposes of section 8C of the Parks
Act immediately before the commencement of the new Act continues in force as a
town plan for the purposes of the new Act.
8
Transfer of Director’s assets and liabilities to
Commonwealth
(1) An asset, estate or interest held by the Director immediately before
the commencement of the new Act vests in the Commonwealth, by force of this
subitem.
(2) The assets, estates and interests to which subitem (1) applies
include:
(a) the benefit of a lease of Aboriginal land (as defined in the Parks
Act) held by the Director under lease; and
(b) any amount standing to the credit of the Australian National Parks and
Wildlife Fund established by the Parks Act; and
(c) any amount standing to the credit of the Director in an account the
Director maintained with a bank under section 18 of the Commonwealth
Authorities and Companies Act 1997; and
(d) any investment made by the Director under section 18 of the
Commonwealth Authorities and Companies Act 1997.
This subitem does not limit subitem (1).
(3) Any liability that the Director had immediately before the commencement
of the new Act vests in the Commonwealth, by force of this subitem.
(4) Subitem (3) applies to liabilities including liabilities under
agreements under which the Director held Aboriginal land (as defined in the
Parks Act) under lease. This does not limit subitem (3).
(5) After the commencement of the new Act, each instrument:
(a) that was in force immediately before the commencement; and
(b) to which the Director was party or that referred to the
Director;
continues to have effect according to its terms, but as if the Commonwealth
were party instead of the Director and as if the instrument referred to the
Commonwealth instead of the Director.
(6) The instruments to which subitem (5) applies include instruments for
the lease of Aboriginal land (as defined in the Parks Act) to the Director. This
does not limit subitem (5).
(7) If the Director was party to proceedings before a court or tribunal
immediately before the commencement of the new Act, the Commonwealth is
substituted for the Director as a party to the proceedings.
(8) Despite subitems (1) to (7) (inclusive), the following are
extinguished:
(a) any estate or interest held by the Director from the
Commonwealth;
(b) any liability of the Director to the Commonwealth;
(c) any liability of the Commonwealth to the Director.
9
Continued appointment of wardens, rangers and wildlife
inspectors
Wardens and rangers
(1) An instrument appointing a person as a warden or ranger that was in
force under section 37 of the Parks Act immediately before the commencement of
the new Act continues in force for the purposes of the new Act as if it had been
made under section 392 of the new Act (so the person is appointed as a warden or
ranger (as appropriate) under section 392 of the new Act).
Inspectors
(2) An instrument appointing a person as a wildlife inspector that was in
force under section 38A of the Parks Act immediately before the commencement of
the new Act continues in force for the purposes of the new Act as if it had been
made under section 396 of the new Act (so the person is appointed as an
inspector under section 396 of the new Act).
Appointments terminated if appointee ceases to be
officer of the Department
(3) A person appointed as a warden, ranger or inspector for the purposes of
the new Act because of subitem (1) or (2) ceases to be a warden, ranger or
inspector if he or she ceases to be an officer of, or an employee in, a
Department administering a provision of the new Act.
Persons covered by arrangements under section 36
of Parks Act
(4) If a person was appointed as a warden, ranger or inspector for the
purposes of the new Act because of subitem (1) or (2) because he or she was an
officer or employee referred to in section 36 of the Parks Act, he or she ceases
to be a warden, ranger or inspector for the purposes of the new Act:
(a) at the end of the period for which he or she was appointed under the
Parks Act, if he or she was appointed for a specified period; or
(b) at the end of the period for which the relevant arrangement under
section 36 of the Parks Act would have continued in force if that Act had not
been repealed, if the arrangement was in force for a specified period;
or
(c) 6 months after the commencement of the new Act, if neither paragraph
(a) nor paragraph (b) applies.
Termination of appointments
(5) This item does not prevent the revocation of an instrument of
appointment.
Identity cards for wardens and
rangers
(6) An identity card issued under section 39 of the Parks Act to a person
who is appointed as a warden or ranger for the purposes of the new Act because
of this item continues in force as if it had been issued to the person under
section 395 of the new Act.
Identity cards for
inspectors
(7) An identity card issued under section 39 of the Parks Act to a person
who is appointed as an inspector for the purposes of the new Act because of this
item continues in force as if it had been issued to the person under section 399
of the new Act.
10
Saving of regulations applied as by-laws for Aboriginal Land in Jervis Bay
Territory
The repeal of the Parks Act does not affect any by-law that:
(a) was made under section 52A of the Aboriginal Land Grant (Jervis Bay
Territory) Act 1986; and
(b) applied a regulation made under the Parks Act; and
(c) was in force immediately before the commencement of the new
Act.
11
Transitional provision—approved wildlife programs
(1) In this item:
approved management program means a program for the
management of a species that was declared to be an approved management program
by a declaration in force under regulation 58 of the National Parks and Wildlife
Conservation Regulations immediately before the commencement of the new
Act.
(2) So far as a provision of the new Act listed in subitem (3) relates to
the taking of an action:
(a) relating to a species that is:
(i) a subject of an approved management program; and
(ii) either listed under the Division of that Act in which the provision
occurs or, in the case of the provision of that Act listed in paragraph (3)(b),
a cetacean species; and
(b) in a Territory where the program applies;
the provision has effect as if a reference in the provision to the taking
of an action not being inconsistent with a wildlife conservation plan for that
species that is in force included a reference to the taking of an action not
being inconsistent with the program for that species.
(3) Subitem (2) applies in relation to the following provisions of the new
Act:
(a) subparagraph 216(3)(b)(ii);
(b) subparagraph 238(3)(b)(ii);
(c) subparagraph 258(3)(b)(ii).
(4) When taking an action in a Territory where an approved management
program applies, a Commonwealth agency (as defined in the new Act) must take all
reasonable steps to act in accordance with the program.
(5) This item does not apply in relation to an approved management program
for a species after:
(a) a recovery plan for the species has been made or adopted for the
species under section 267 of the new Act; or
(b) a wildlife conservation plan for the species has been made or adopted
under section 285 of the new Act.
Part
3—Consequential amendment of
other Acts
Aboriginal
Land Grant (Jervis Bay Territory) Act 1986
Insert:
Booderee National Park means the Commonwealth reserve of that
name within the Jervis Bay Territory under Division 4 of Part 15 of the
Environment Protection and Biodiversity Conservation Act 1998.
13
Subsection 2(1) (definition of
Director)
Repeal the definition.
14
Subsection 2(1) (definition of Jervis
Bay National Park)
Repeal the definition.
Omit “Jervis Bay National Park or the Jervis Bay Botanic
Gardens”, substitute “Booderee National Park”.
Note: The heading to section 9A is altered by omitting
“Jervis Bay National Park etc.” and substituting
“Booderee National Park”.
Omit “Director” (twice occurring), substitute
“Commonwealth”.
To avoid doubt, the amendments of section 9A of the Aboriginal Land
Grant (Jervis Bay Territory) Act 1986 by this Schedule do not affect the
validity of a declaration made under that section before the
amendments.
18
Subsections 38(2) and (4)
Omit “Jervis Bay National Park or the Jervis Bay Botanic
Gardens”, substitute “Booderee National Park or the Booderee Botanic
Gardens”.
Omit “Director” (wherever occurring), substitute
“Commonwealth”.
Note: The heading to section 38A is altered by omitting
“Jervis Bay National Park etc. to Director” and substituting
“Booderee National Park etc. to
Commonwealth”.
Omit “the National Parks and Wildlife Conservation Act
1975”, substitute “Division 4 of Part 15 of the Environment
Protection and Biodiversity Conservation Act 1998”.
The amendments of section 38A of the Aboriginal Land Grant (Jervis Bay
Territory) Act 1986 made by this Schedule do not require the Council and the
Commonwealth to enter into an agreement relating to land described in a notice
published under subsection 9A(3) of that Act if the Council and the Director had
made an agreement relating to that land under that section before the
commencement of the Environment Protection and Biodiversity Conservation Act
1998.
Note: Part 2 of this Schedule converts an agreement between
the Council and the Director into an agreement between the Council and the
Commonwealth.
22
Subsections 38B(1) and (2)
Omit “Director”, substitute
“Commonwealth”.
Note: The heading to section 38B is altered by omitting
“Jervis Bay National Park etc. to Director” and substituting
“Booderee National Park to Commonwealth”.
The amendments of section 38B of the Aboriginal Land Grant (Jervis Bay
Territory) Act 1986 made by this Schedule do not require the Council to
grant the Commonwealth a lease of Aboriginal Land that was leased to the
Director before the commencement of the Environment Protection and
Biodiversity Conservation Act 1998.
Note: Part 2 of this Schedule converts the lease to the
Director to a lease to the Commonwealth.
Repeal the section, substitute:
38C
Minister may grant lease
If the Minister is satisfied that the Council has refused, or is
unwilling, to grant the Commonwealth a lease of land in the Booderee National
Park under the agreement with the Commonwealth under section 38A, the Minister
may, on behalf of the Council, grant the lease as set out in the
agreement.
Omit “National Parks and Wildlife Conservation Act
1975”, substitute “Environment Protection and Biodiversity
Conservation Act 1998”.
26
Saving of by-laws applying regulations
A by-law that:
(a) was made under section 52A of the Aboriginal Land Grant (Jervis Bay
Territory) Act 1986 before the commencement of the Environment Protection
and Biodiversity Conservation Act 1998; and
(b) applied a regulation made under the National Parks and Wildlife
Conservation Act 1975;
continues in force despite the amendment of subsection 52A(3) of the
Aboriginal Land Grant (Jervis Bay Territory) Act 1986 by this
Schedule.
Aboriginal
Land Rights (Northern Territory) Act 1976
27
Subsection 3(1) (definition of
conservation
zone)
Repeal the definition.
28
Subsection 3(1) (definition of
Director)
Repeal the definition.
29
Subsection 3(1) (definition of National
Parks Act)
Repeal the definition.
30
Subsection 3(1) (definition of
park)
Repeal the definition.
Repeal the subsection.
Repeal the subsection.
33
Subsections 12(2A), (2B), (2C), (2D) and (2E)
Repeal the subsections, substitute:
(2A) Subsection (2B) applies in relation to a deed of grant under this
section in respect of any land in the Alligator Rivers Area (No. 3) outside the
land described in Schedule 2 known as the Ranger Project Area.
(2B) The delivery of a deed is subject to the condition that the Land
Council for the area containing the land agree with the Commonwealth to direct
the Land Trust concerned to grant the Commonwealth a lease of the land, or the
part of the land specified by the Minister administering the Environment
Protection and Biodiversity Conservation Act 1998, on the terms and
conditions set out in the agreement, to enable the land to be declared a
Commonwealth reserve under that Act.
(2C) The delivery of a deed of grant under this section in respect of land
within Goodparla is subject to the condition that the Land Council for the area
containing the land agree with the Commonwealth to direct the Land Trust
concerned to grant the Commonwealth a lease of the land on the terms and
conditions set out in the agreement, to enable the land to be declared a
Commonwealth reserve under the Environment Protection and Biodiversity
Conservation Act 1998.
To avoid doubt, the amendment of section 12 of the Aboriginal Land
Rights (Northern Territory) Act 1976 made by this Schedule does not affect
an agreement mentioned in subsection 12(2B) or (2C) of that Act before the
commencement of the Environment Protection and Biodiversity Conservation Act
1998.
Repeal the section, substitute:
12A
Land continues to be Commonwealth reserve
For the period (if any) between the delivery of a deed mentioned in
subsection 12(2B) or (2C) in respect of land and the grant of a lease mentioned
in that subsection to the Commonwealth of the land:
(a) the Commonwealth may continue to occupy the land for the purposes of
Division 4 of Part 15 of the Environment Protection and Biodiversity
Conservation Act 1998 (about Commonwealth reserves); and
(b) any buildings or improvements on the land are taken to be the property
of the Commonwealth.
36
Transitional provision
(1) This item applies if, immediately before the commencement of the
Environment Protection and Biodiversity Conservation Act 1998:
(a) the Director of National Parks and Wildlife was entitled to occupy
land; and
(b) any buildings or improvements on the land were taken to be the
Director’s property;
because of section 12A of the Aboriginal Land Rights (Northern
Territory) Act 1976.
(2) The Commonwealth is entitled to occupy the land for the purposes of
Division 4 of Part 15 of the Environment Protection and Biodiversity
Conservation Act 1998, and any buildings or improvements on the land are
taken to be the property of the Commonwealth, until a lease of the land is
granted to the Commonwealth for the purposes of a Commonwealth reserve under
that Act.
Omit “Director” (first occurring), substitute
“Commonwealth”.
Note: The heading to section 12B is altered by omitting
“Director” and substituting
“Commonwealth”.
Omit “Director” (second occurring), substitute “Minister
administering Division 4 of Part 15 of the Environment Protection and
Biodiversity Conservation Act 1998”.
Omit “Director” (third occurring), substitute
“Commonwealth”.
Omit “Director to take any action that he is not authorized to take
by, or under, the National Parks and Wildlife Conservation Act
1975”, substitute “Minister administering Division 4 of Part 15
of the Environment Protection and Biodiversity Conservation Act 1998, or
the Secretary to the Department administering that Division, to take any action
he or she is not authorised to take by or under the Environment Protection
and Biodiversity Conservation Act 1998”.
41
Subsections 12B(3) and (4)
Omit “Director” (wherever occurring), substitute
“Commonwealth”.
Omit “Director” (wherever occurring), substitute
“Commonwealth”.
43
Transitional provision
Section 12C of the Aboriginal Land Rights (Northern Territory) Act
1976 (as amended by this Schedule) applies to an agreement entered into
between the Land Council and the Director of National Parks and Wildlife for the
Land Council to direct a Land Trust to grant the Director a lease as if the
agreement were an agreement between the Land Council and the Commonwealth to
grant the Commonwealth a lease.
Omit “(including Aboriginal land in a conservation
zone)”.
45
Subsections 50(1A) and (1B)
Repeal the subsections.
Omit “the National Parks and Wildlife Conservation Act
1975”, substitute “Division 4 of Part 15 of the Environment
Protection and Biodiversity Conservation Act 1998”.
Omit “under that Act”, substitute “under or for the
purposes of that Division”.
Antarctic
Treaty (Environment Protection) Act 1980
Omit “the National Parks and Wildlife Conservation Act 1975
(other than section 10)”, substitute “Division 4 of Part 15 of the
Environment Protection and Biodiversity Conservation Act
1998”.
Omit “under the National Parks and Wildlife Conservation Act
1975”, substitute “for the purposes of section 356 of the
Environment Protection and Biodiversity Conservation Act
1998”.
Australian
Heritage Commission Act 1975
Omit “Director of National Parks and Wildlife in relation to any
matter that concerns the establishment or management of a park or reserve under
the National Parks and Wildlife Conservation Act 1975”, substitute
“Minister administering Division 4 of Part 15 of the Environment
Protection and Biodiversity Conservation Act 1998 in relation to any matter
concerning the declaration or management of a Commonwealth reserve under that
Act”.
Environment
Protection (Alligator Rivers Region) Act 1978
51
Subsection 3(1) (definition of appointed
member)
Omit “Director of National Parks and Wildlife”, substitute
“Environment Secretary”.
52
Subsection 3(1) (definition of
conservation
zone)
After “means”, insert “an area that was”.
Insert:
Environment Secretary means the Secretary to the Department
administering Division 4 of Part 15 of the Environment Protection and
Biodiversity Conservation Act 1998.
54
Subsection 3(1) (at the end of subparagraphs (b)(i) and (ii) of the definition
of prescribed
instrument)
Add “and”.
55
Subsection 3(1) (at the end of subparagraph (b)(iii) of the definition of
prescribed
instrument)
Omit “or”, substitute “and”.
56
Subsection 3(1) (subparagraph (b)(iv) of the definition of
prescribed
instrument)
Repeal the subparagraph, substitute:
(iv) an instrument giving the approval of the Governor-General under
paragraph 355(1)(a) of the Environment Protection and Biodiversity
Conservation Act 1998.
Repeal the subsection, substitute:
(2) However, the Supervising Scientist does not have the functions
described in subsection (1) in relation to general mining operations in an area
specified by the Minister in a direction under section 7 as an area in relation
to which the Supervising Scientist does not have those functions.
(3) Subsection (2) applies whether the Minister gave the direction before
or after the commencement of this subsection.
Repeal the paragraph, substitute:
(b) the Environment Secretary;
Repeal the paragraph, substitute:
(b) the Environment Secretary or a person who is an officer or employee in
the Environment Secretary’s Department.
Repeal the subsection, substitute:
(3) The Minister must appoint as the Environment Secretary’s deputy
a person nominated by the Environment Secretary.
Omit “Director of National Parks and Wildlife”, substitute
“Environment Secretary”.
Omit “Director”, substitute “Environment
Secretary”.
Repeal
the paragraph, substitute:
(b) the Environment Secretary or a person who is an officer or employee in
the Environment Secretary’s Department.
Repeal the subsection, substitute:
(2) However, the Institute does not have the functions described in
subsection (1) in relation to general mining operations in an area specified in
a direction given by the Minister as an area in relation to which the Institute
does not have those functions.
(3) Subsection (2) applies whether the Minister gave the direction before
or after the commencement of this subsection.
Repeal the paragraph, substitute:
(a) consult, and consider the views of, the Environment Secretary in
relation to any matter arising in the course of the Supervising
Scientist’s functions that concerns the functions, powers or duties of the
Environment Secretary under Division 4 of Part 15 of the Environment
Protection and Biodiversity Conservation Act 1998 relating to Commonwealth
reserves in the Northern Territory; and
Note: The heading to section 33 is altered by omitting
“with Director of National Parks and Wildlife and Director of Territory
Parks and Wildlife”.
Repeal the section, substitute:
34
Supervising Scientist must comply with management plan etc.
The Supervising Scientist must perform his or her functions and exercise
his or her powers in relation to a Commonwealth reserve or township wholly or
partly in the Alligator Rivers Region only in accordance with:
(a) a management plan in operation for the reserve under Division 4 of
Part 15 of the Environment Protection and Biodiversity Conservation Act
1998; and
(b) a town plan in operation for the township under that
Division.
Environment
Protection (Northern Territory Supreme Court) Act 1978
67
Section 3 (definition of
Director)
Repeal the definition.
Insert:
Environment Secretary means the Secretary to the Department
administering Division 4 of Part 15 of the Environment Protection and
Biodiversity Conservation Act 1998.
69
Section 3 (definition of
person)
Omit “Director”, substitute “Environment
Secretary”.
70
Section 3 (at the end of subparagraphs (b)(i) and (ii) of the definition of
prescribed
instrument)
Add “and”.
71
Section 3 (at the end of subparagraph (b)(iii) of the definition of
prescribed
instrument)
Omit “or”, substitute “and”.
72
Section 3 (subparagraph (b)(iv) of the definition of
prescribed
instrument)
Repeal the subparagraph, substitute:
(iv) an instrument giving the approval of the Governor-General under
paragraph 355(1)(a) of the Environment Protection and Biodiversity
Conservation Act 1998.
73
Subsections 4(1) and (3)
Omit “Director”, substitute “Environment
Secretary”.
Omit “the area of a park, reserve or conservation zone under the
National Parks and Wildlife Conservation Act 1975”, substitute
“a Commonwealth reserve under Division 4 of Part 15 of the Environment
Protection and Biodiversity Conservation Act 1998”.
Omit “Director”, substitute “Environment
Secretary”.
Great
Barrier Reef Marine Park Act 1975
76
Subsection 3(1) (definition of
Director)
Repeal the definition.
77
Subsection 3(1) (definition of National
Parks Act)
Repeal the definition.
78
Subsection 3(1) (definition of
reserve)
Repeal the definition.
Repeal the section, substitute:
39
Great Barrier Reef not to be reserved under the Environment Protection and
Biodiversity Conservation Act 1998
The Governor-General must not make a Proclamation under section 344 of
the Environment Protection and Biodiversity Conservation Act 1998
declaring an area in the Great Barrier Reef Region to be a Commonwealth reserve
under that Act.
Omit “including the Director,”.
Koongarra
Project Area Act 1981
Omit “by the Governor-General published in the Gazette on 5
April 1979 by which, pursuant to subsection 7(2) of the National Parks and
Wildlife Conservation Act 1975, the Governor-General declared the area
specified in the Schedule to the Proclamation to be a park and assigned to that
park the name ‘Kakadu National Park’”, substitute:
that:
(a) was made under subsection 7(2) of the National Parks and Wildlife
Conservation Act 1975; and
(b) was published in the Gazette on 5 April 1979; and
(c) declared the area specified in the Schedule to the Proclamation to be
a park and assigned to that park the name “Kakadu National Park”;
and
(d) was continued in force by Part 2 of Schedule 4 to the Environmental
Reform (Consequential Provisions) Act 1998 so as to declare the area to be a
Commonwealth reserve under the Environment Protection and Biodiversity
Conservation Act 1998;
Omit “subsection 7(8) of the National Parks and Wildlife
Conservation Act 1975 and to have been made in accordance with the
requirements of section 7 of that Act”, substitute “Division 4 of
Part 15 of the Environment Protection and Biodiversity Conservation Act
1998 and to have been made in accordance with that
Division”.
83
Subsections 3(3) and (4)
Repeal the subsections, substitute:
(3) The Commonwealth reserve declared by the Proclamation described in
subsection (1) (as amended by that subsection) includes all parts of the area
described in the Proclamation (as amended), and the Proclamation (as amended) is
valid, even if a part of the area is not an area described in subsection 344(1)
of the Environment Protection and Biodiversity Conservation Act
1998.
Lands
Acquisition Act 1989
84
Subsection 124(7) (definition of
conservation
zone)
Repeal the definition.
85
Subsection 124(7) (definition of
Gimbat or
Goodparla)
Repeal the definition.
86
Subsection 124(7) (definition of
Northern Territory pastoral lease
area)
Repeal the definition.
87
Subsection 124(7) (paragraph (b) of the definition of
relevant land)
Repeal the paragraph, substitute:
(b) land in a Territory vested in an acquiring authority.
Omit “, other than land referred to in subparagraph (b)(ii) of the
definition of relevant land in subsection (7)”.
89
Transitional provision
The amendments of section 124 of the Lands Acquisition Act 1989 made
by this Schedule do not affect the validity of any regulations made for the
purposes of that section before the commencement of the amendments.
Natural
Heritage Trust of Australia Act 1997
Repeal the paragraph.
Telecommunications
Act 1997
91
Subclause 28(3) of Schedule 3
Repeal the subclause.
92
Subclause 55(11) of Schedule 3
Repeal the subclause, substitute:
(11) The ACA must consult the Australian Heritage Commission before giving
a direction under subclause (5) if the condition specified in paragraph (2)(c)
is satisfied.
Wildlife
Protection (Regulation of Exports and Imports) Act 1982
93
Subsection 4(1) (definition of
Director)
Repeal the definition.
Repeal the subsection, substitute:
(1) The Secretary to the Department is the Designated Authority
until:
(a) an appointment is made under subsection (2); or
(b) the Secretary resigns the office of Designated Authority under
subsection (5).
(1) This item applies if a person appointed under subsection 18(2) of the
Wildlife Protection (Regulation of Exports and Imports) Act 1982 (the
Wildlife Act) held office as the Designated Authority immediately
before the commencement of the Environment Protection and Biodiversity
Conservation Act 1998.
(2) The person continues to hold the office at the pleasure of the Minister
administering the Wildlife Act, despite the repeal and substitution of
subsection 18(1) of that Act by this Part.
Omit “the Director or”.
Omit “Australian National Parks and Wildlife Service”,
substitute “Department that deals with Chapter 5 of the Environment
Protection and Biodiversity Conservation Act 1998 and is administered by the
Minister administering that Chapter”.
Schedule
5—Whale Protection Act 1980:
repeal etc.
Whale
Protection Act 1980
Repeal the Act.
Part
2—Saving and transitional
provisions
In this Part:
new Act means the Environment Protection and Biodiversity
Conservation Act 1998.
Whale Act means the Whale Protection Act
1980.
3
Continued operation of permits
(1) Despite the repeal of the Whale Act:
(a) a permit that was issued under that Act and was in force immediately
before the repeal of that Act continues in force for the period for which it
would have been in force if that Act had not been repealed; and
(b) that Act, and instruments (including regulations and authorities) made
under that Act, as in force immediately before the repeal of that Act, continue
to operate in relation to the permit and the action covered by the permit as if
references in that Act to the Minister were references to the Minister
administering Division 3 of Part 13 of the new Act.
(2) However, paragraph (1)(b) does not allow the transfer of the
permit.
4
Continued appointment of inspectors
Inspectors
(1) An instrument appointing a person as an inspector that was in force
under section 21 of the Whale Act immediately before the commencement of the new
Act continues in force for the purposes of the new Act as if it had been made
under section 396 of the new Act (so the person is appointed as an inspector
under section 396 of the new Act).
Termination of appointments
(2) This item does not prevent the revocation of an instrument of
appointment.
Identity cards for
inspectors
(3) An identity card issued under section 23 of the Whale Act to a person
who is appointed as an inspector for the purposes of the new Act because of this
item continues in force for the purposes of the new Act as if it had been issued
to the person under section 399 of the new Act.
Part
3—Consequential amendment of
other Acts
Antarctic
Marine Living Resources Conservation Act 1981
Add at the end:
; or (e) the holder of the permit has been found by a court to have
contravened a civil penalty provision (as defined in the Environment
Protection and Biodiversity Conservation Act 1998) in:
(i) Division 1 of Part 3 of that Act; or
(ii) Subdivision A of Division 2 of Part 3 of that Act; or
(iii) Division 2 of Part 9 of that Act; or
(f) the holder of the permit has been convicted of an offence against Part
13 of the Environment Protection and Biodiversity Conservation Act
1998.
6
Refund of fees relating to permits
Application of this item
(1) This item applies if, before the commencement of the Environment
Protection and Biodiversity Conservation Act 1998:
(a) a person had paid the fee required by section 19 of the Whale
Protection Act 1980 for an application for the grant or transfer of a permit
under the Whale Protection Act 1980; and
(b) the Minister administering that Act had not decided whether to grant,
or to refuse to grant, the permit or transfer.
Applicant entitled to refund
(2) The Commonwealth must pay the person an amount equal to the
fee.
This item is not an
appropriation
(3) To avoid doubt, this item does not appropriate money.
Schedule
6—World Heritage Properties
Conservation Act 1983: repeal etc.
World
Heritage Properties Conservation Act 1983
Repeal the Act.
Part
2—Saving and transitional
provisions
In this Part:
new Act means the Environment Protection and Biodiversity
Conservation Act 1998.
World Heritage Act means the World Heritage Properties
Conservation Act 1983.
3
Continued application of the World Heritage Act and related
instruments
General rule
(1) The World Heritage Act, and all instruments (including regulations,
Proclamations and consents) made under it and in force immediately before its
repeal, continue to apply in relation to properties and sites that were declared
by the Proclamations to be properties and sites to which sections of the Act
apply, as if:
(a) the Act had not been repealed; and
(b) the Act were administered by the Minister administering Subdivision A
of Division 1 of Part 3 of the new Act.
Note: Part 3 of the new Act does not apply to acts covered
by the consents. See Schedule 1 to this Act.
Continued Proclamations and consents may be
revoked
(2) Subitem (1) does not prevent:
(a) the revocation of a Proclamation mentioned in that subitem;
or
(b) the variation or revocation of a consent mentioned in that
subitem.
Note: The power under the World Heritage Act to give a
consent described in subitem (1) included a power to revoke or vary the consent,
because of subsection 33(3) of the Acts Interpretation Act
1901.
Limit on making new Proclamations and
regulations
(3) Subitem (1) does not allow:
(a) a Proclamation to be made under section 6, 7 or 8 of the World
Heritage Act as it continues to apply because of that subitem; or
(b) regulations to be made for the purposes of section 9, 10 or 11 of the
World Heritage Act as it continues to apply because of that subitem.
New consents can be given
(4) To avoid doubt, this Schedule does not prevent the giving of a consent
under section 9, 10 or 11 of the World Heritage Act as it continues to apply
because of subitem (1).
4
Continued appointment of inspectors
Inspectors
(1) An instrument appointing a person as an inspector that was in force
under subsection 17A(1) of the World Heritage Act immediately before the
commencement of the new Act continues in force for the purposes of the new Act
as if it had also been made under section 396 of the new Act (so the person is
appointed as an inspector under that section).
Termination of appointments
(2) This item does not prevent the revocation of an instrument of
appointment.
Identity cards for
inspectors
(3) An identity card issued under subsection 17A(7) of the World Heritage
Act to a person who is appointed as an inspector for the purposes of the new Act
because of this item continues in force as if it had been issued to the person
under section 399 of the new Act.
Part
3—Consequential amendment of
other Acts
Telecommunications
Act 1997
5
Subparagraph 27(7)(c)(i) of Schedule 3
Repeal the subparagraph, substitute:
(i) a declared World Heritage property (as defined in the Environment
Protection and Biodiversity Conservation Act 1998);
The amendment of clause 27 of Schedule 3 to the Telecommunications Act
1997 made by this Schedule applies in relation to applications for facility
installation permits made after the commencement of the Environment
Protection and Biodiversity Conservation Act 1998.
7
Subparagraph 55(2)(b)(i) of Schedule 3
Repeal the subparagraph, substitute:
(i) a declared World Heritage property (as defined in the Environment
Protection and Biodiversity Conservation Act 1998);
The amendment of clause 55 of Schedule 3 to the Telecommunications Act
1997 made by this Schedule applies in relation to installation that a
carrier proposes to commence after the commencement of the Environment
Protection and Biodiversity Conservation Act 1998.
Wet
Tropics of Queensland World Heritage Area Conservation Act
1994
Repeal the section, substitute:
9
This Act does not affect the Environment Protection and Biodiversity
Conservation Act 1998
This Act does not affect the operation of:
(a) the Environment Protection and Biodiversity Conservation Act
1998; or
(b) the World Heritage Properties Conservation Act 1983, so far as
it continues to apply to parts of the Wet Tropics of Queensland World Heritage
Area because of Part 2 of Schedule 6 to the Environmental Reform
(Consequential Provisions) Act 1998.
Schedule
7—Other
amendments
Aboriginal
Land Grants (Jervis Bay Territory) Act 1986
Insert:
Booderee Botanic Gardens means the part of the Australian
National Botanic Gardens in the Jervis Bay Territory.
2
Subsection 2(1) (definition of Jervis
Bay Botanic Gardens)
Repeal the definition.
Repeal the subsection, substitute:
(2) Before the Governor-General makes regulations for the purposes of
section 49 in relation to a place that forms part of Aboriginal Land, the
Minister must consider any representations made to the Minister by the Council
or the executive committee in relation to public access to the place.
4
Transitional—regulations
(1) Regulations described in subsection 53(2) of the Aboriginal Land
Grant (Jervis Bay Territory) Act 1986 made under that Act and in force
immediately before the commencement of this item have effect after that
commencement as if they had been made under that section as amended by this
Act.
(2) Subitem (1) does not prevent the amendment of regulations described in
that subitem.
Insert:
(6A) However, if the advice of the Minister administering the
Environment Protection and Biodiversity Conservation Act 1998 is sought
under Subdivision A of Division 4 of Part 11 of that Act in relation to a draft
plan, subsection (6) applies as if it referred to the day on which the advice
was given, instead of the day the draft plan was received.
Insert:
(3A) However, if the advice of the Minister administering the
Environment Protection and Biodiversity Conservation Act 1998 is sought
under Subdivision A of Division 4 of Part 11 of that Act in relation to a draft
variation, subsection (3) applies as if it referred to the day on which the
advice was given, instead of the day the draft variation was received.
Environment
Protection (Alligator Rivers Region) Act 1978
Insert:
ecosystem means a dynamic complex of plant, animal and
micro-organism communities and their non-living environment interacting as a
functional unit.
8
Subsection 3(1) (definition of
environment)
Repeal the definition, substitute:
environment includes:
(a) ecosystems and their constituent parts, including people and
communities; and
(b) natural and physical resources; and
(c) the qualities and characteristics of locations, places and areas;
and
(d) the social, economic and cultural aspects of a thing mentioned in
paragraph (a), (b) or (c).
Environment
Protection (Northern Territory Supreme Court) Act 1978
Insert:
ecosystem means a dynamic complex of plant, animal and
micro-organism communities and their non-living environment interacting as a
functional unit.
10
Section 3 (definition of
environment)
Repeal the definition, substitute:
environment includes:
(a) ecosystems and their constituent parts, including people and
communities; and
(b) natural and physical resources; and
(c) the qualities and characteristics of locations, places and areas;
and
(d) the social, economic and cultural aspects of a thing mentioned in
paragraph (a), (b) or (c).
Great
Barrier Reef Marine Park Act 1975
11
Subsections 31(4) and (5)
Repeal the subsections, substitute:
(4) Before the Governor-General makes a Proclamation causing an area in
the Great Barrier Reef Region to cease to be part of the Marine Park, the
Minister must be satisfied:
(a) that the Proclamation, if made, would be in accordance with a
resolution passed by each House of the Parliament on a motion; and
(b) that notice of the motion was given no less than 15 sitting days of
that House before the motion was moved.
(5) Before the Governor-General makes a Proclamation, the Minister must
consider a report by the Authority in relation to the matter dealt with by the
Proclamation.
12
Transitional—Proclamations
A Proclamation made under section 31 of the Great Barrier Reef Marine
Park Act 1975 and in force immediately before the commencement of this item
has effect after that commencement as if it had been made under that section as
amended by this Act.
Repeal the paragraph, substitute:
(b) to ensure management for the recovery and continued protection and
conservation of species and ecological communities that are, or may
become:
(i) extinct; or
(ii) extinct in the wild; or
(iii) critically endangered; or
(iv) endangered; or
(v) vulnerable; or
(vi) conservation dependent;
The amendment of section 39Y of the Great Barrier Reef Marine Park Act
1975 made by this Schedule does not affect the validity of a plan of
management made under Part VB of that Act before the commencement of the
Environment Protection and Biodiversity Conservation Act 1998.
After “his”, insert “or her”.
Hazardous
Waste (Regulation of Exports and Imports) Amendment Act
1996
16
Item 100 of Schedule 1
Omit “; and”.
Ozone
Protection Act 1989
17
At the end of section 17
Add:
(3) If:
(a) Subdivision A of Division 4 of Part 11 of the Environment
Protection and Biodiversity Conservation Act 1998 applies in relation to the
granting of a licence; and
(b) the Minister has not granted the licence at the end of 30 days after
he or she received advice under that Subdivision on the proposed
grant;
he or she is taken for the purposes of section 66 to have refused the
application for the licence on the last of those days.
Note: Under Subdivision A of Division 4 of Part 11 of the
Environment Protection and Biodiversity Conservation Act 1998, persons
considering whether to authorise certain actions must get advice on
environmental matters from the Minister administering that
Subdivision.
(4) Subsections (1) and (2) do not apply in relation to an application for
a licence if Subdivision A of Division 4 of Part 11 of the Environment
Protection and Biodiversity Conservation Act 1998 applies in relation to the
granting of the licence.
The amendment of the Ozone Protection Act 1989 made by this Schedule
applies in relation to applications for licences under Part III of that Act made
after the commencement of the Environment Protection and Biodiversity
Conservation Act 1998.
Resource
Assessment Commission Act 1989
Insert:
ecosystem means a dynamic complex of plant, animal and
micro-organism communities and their non-living environment interacting as a
functional unit.
20
Subsection 3(1) (definition of
environment)
Repeal the definition, substitute:
environment includes:
(a) ecosystems and their constituent parts, including people and
communities; and
(b) natural and physical resources; and
(c) the qualities and characteristics of locations, places and areas;
and
(d) the social, economic and cultural aspects of a thing mentioned in
paragraph (a), (b) or (c).
Telecommunications
Act 1997
21
Clause 2 of Schedule 3
Insert:
ecosystem means a dynamic complex of plant, animal and
micro-organism communities and their non-living environment interacting as a
functional unit.
22
Clause 2 of Schedule 3 (definition of
environment)
Repeal the definition, substitute:
environment includes:
(a) ecosystems and their constituent parts, including people and
communities; and
(b) natural and physical resources; and
(c) the qualities and characteristics of locations, places and areas;
and
(d) the social, economic and cultural aspects of a thing mentioned in
paragraph (a), (b) or (c).
23
Subclause 17(4) of Schedule 3
Repeal the subclause, substitute:
(4) The notice must be given at least 10 business days before the carrier
begins to engage in the activity.
(4A) Despite subclause (4), the notice need be given only 2 business days
before the carrier begins to engage in an activity authorised by Division 2
(which deals with inspection) that:
(a) is not inconsistent with Australia’s obligations under a listed
international agreement; and
(b) could not have an effect described in one or more of subparagraphs
27(7)(a)(ii) to (xii) (inclusive) of this Schedule; and
(c) will not have an adverse effect on a streetscape or other landscape;
and
(d) will not have an impact on a place, area or thing described in
paragraph 27(7)(c) or (d) of this Schedule.
24
Subclauses 17(7) and (8) of Schedule 3
Repeal the subclauses, substitute:
(7) Subclause (1) does not apply if the carrier intends to engage in an
activity under Division 2 (which deals with inspection) in relation to land that
is a public place and the activity:
(a) is not inconsistent with Australia’s obligations under a listed
international agreement; and
(b) could not have an effect described in one or more of subparagraphs
27(7)(a)(ii) to (xii) (inclusive) of this Schedule; and
(c) will not have an adverse effect on a streetscape or other landscape;
and
(d) will not have an impact on a place, area or thing described in
paragraph 27(7)(c) or (d) of this Schedule.
The amendments of clause 17 of Schedule 3 to the Telecommunications Act
1997 made by this Schedule apply to activities that carriers intend to start
at least 10 business days after the commencement of the Environment
Protection and Biodiversity Conservation Act 1998.
26
At the end of paragraph 27(7)(a) of Schedule 3
Add:
or (x) could have an adverse effect on a listed migratory species (as
defined in the Environment Protection and Biodiversity Conservation Act
1998); or
(xi) will have or is likely to have a significant impact on the
environment in a Commonwealth marine area (as defined in the Environment
Protection and Biodiversity Conservation Act 1998); or
(xii) will have or is likely to have a significant impact on the
environment on Commonwealth land (as defined in the Environment Protection
and Biodiversity Conservation Act 1998);
27
After subparagraph 27(7)(c)(i) of Schedule 3
Insert:
(ia) a declared Ramsar wetland (as defined in the Environment
Protection and Biodiversity Conservation Act 1998);
The amendments of clause 27 of Schedule 3 to the Telecommunications Act
1997 made by this Schedule apply in relation to applications for facility
installation permits made after the commencement of the Environment
Protection and Biodiversity Conservation Act 1998.
29
At the end of paragraph 55(2)(a) of Schedule 3
Add:
or (x) could have an adverse effect on a listed migratory species (as
defined in the Environment Protection and Biodiversity Conservation Act
1998); or
(xi) will have or is likely to have a significant impact on the
environment in a Commonwealth marine area (as defined in the Environment
Protection and Biodiversity Conservation Act 1998); or
(xii) will have or is likely to have a significant impact on the
environment on Commonwealth land (as defined in the Environment Protection
and Biodiversity Conservation Act 1998);
30
After subparagraph 55(2)(b)(i) of Schedule 3
Insert:
(ia) a declared Ramsar wetland (as defined in the Environment
Protection and Biodiversity Conservation Act 1998);
The amendments of clause 55 of Schedule 3 to the Telecommunications Act
1997 made by this Schedule apply in relation to installation that a carrier
proposes to commence after the commencement of the Environment Protection and
Biodiversity Conservation Act 1998.
Wildlife
Protection (Regulation of Exports and Imports) Amendment Act
1995
32
Item 16 of Schedule 16
After “or” (first occurring), insert
“fail”.
Schedule
8—Miscellaneous
1
Regulation-making power
(1) The Governor-General may make regulations prescribing
matters:
(a) permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(2) In particular, the regulations may make transitional or saving
provisions relating to either or both of the following:
(a) the enactment of the Environment Protection and Biodiversity
Conservation Act 1998;
(b) the repeal of all or any of the Acts repealed by this Act.
(3) Subitem (2) does not limit subitem (1).
2
Compensation for acquisition of property
When compensation is
necessary
(1) If, apart from this item, the operation of this Act would result in an
acquisition of property from a person that would be invalid because of paragraph
51(xxxi) of the Constitution (which deals with acquisition of property on just
terms) the Commonwealth must pay the person a reasonable amount of
compensation.
Definition
(2) In this item:
acquisition of property has the same meaning as in paragraph
51(xxxi) of the Constitution.
Court can decide amount of
compensation
(3) If the Commonwealth and the person do not agree on the amount of
compensation to be paid, the person may apply to the Federal Court of Australia
for the recovery from the Commonwealth of a reasonable amount of compensation
fixed by the Court.
Other compensation to be taken into
account
(4) In assessing compensation payable by the Commonwealth, the Court must
take into account any other compensation or remedy arising out of the same event
or situation.
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