Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 172

  (1)   The Minister may prepare an inventory covering an area of Commonwealth land that identifies, and states the abundance of, the listed threatened species, listed threatened ecological communities, listed migratory species and listed marine species on the area of land if:

  (a)   the Minister is satisfied that the area of land is of importance for the conservation of biodiversity; and

  (b)   the area of land is not covered by a plan that:

  (i)   has an object (whether express or implied) of either protecting the environment or promoting the conservation of biodiversity; and

  (ii)   is in force under a law of the Commonwealth.

  (2)   A Commonwealth agency must provide all reasonable assistance in connection with the preparation of an inventory if:

  (a)   the inventory is to cover an area of Commonwealth land; and

  (b)   the agency has an interest in the area of land.

  (3)   For the purposes of paragraph   (2)(b), a Commonwealth agency has an interest in an area of Commonwealth land if the agency:

  (a)   has a legal or equitable interest in the area; or

  (b)   occupies the area; or

  (c)   has administrative responsibilities relating to the area or to actions taken in the area.