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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999


TABLE OF PROVISIONS

            

CHAPTER 1--Preliminary
            

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Objects of Act  
   3A.     Principles of ecologically sustainable development  
   4.      Act to bind Crown  
   5.      Application of Act  
   7.      Application of the Criminal Code  
   8.      Native title rights not affected  
   9.      Relationship with other Acts  
   10.     Relationship with State law  
            

CHAPTER 2--Protecting the environment
            

   PART 2--SIMPLIFIED OUTLINE OF THIS CHAPTER

   11.     Simplified outline of this Chapter  

   PART 3--REQUIREMENTS FOR ENVIRONMENTAL APPROVALS

           Division 1--Requirements relating to matters of national environmental significance

   12.     Requirement for approval of activities with a significant impact  
   13.     What is a declared World Heritage property?  
   14.     Declaring a property to be a declared World Heritage  
   15.     Amending or revoking a declaration of a declared World Heritage  
   15A.    Offences relating to declared World Heritage properties  
   16.     Requirement for approval of activities with a significant impact  
   17.     What is a declared Ramsar wetland?  
   17A.    Making and revoking declarations of wetlands  
   17B.    Offences relating to declared Ramsar wetlands  
   18.     Actions with significant impact on listed threatened species or  
   18A.    Offences relating to threatened species etc.  
   19.     Certain actions relating to listed threatened species and listed  
   20.     Requirement for approval of activities with a significant impact  
   20A.    Offences relating to listed migratory species  
   21.     Requirement for approval of nuclear actions  
   22.     What is a nuclear action?  
   22A.    Offences relating to nuclear actions  
   23.     Requirement for approval of activities involving the marine  
   24.     What is a Commonwealth marine area?  
   24A.    Offences relating to marine areas  
   25.     Requirement for approval of prescribed actions  

           Division 2--Protection of the environment from proposals involving the Commonwealth

   26.     Requirement for approval of activities involving Commonwealth  
   27.     What is Commonwealth land?  
   27A.    Offences relating to Commonwealth land  
   28.     Requirement for approval of activities of Commonwealth agencies  

           Division 3--Review of extension of operation of this Part

   28A.    Identifying extra matters to be protected by this Part  

   PART 4--CASES IN WHICH ENVIRONMENTAL APPROVALS ARE NOT NEEDED

           Division 1--Actions covered by bilateral agreements

   29.     Actions declared by agreement not to need approval  
   30.     Extended operation in State and Northern Territory  
   31.     Extended operation in non-self-governing Territories  

           Division 2--Actions covered by Ministerial declarations

   32.     Actions declared by Minister not to need approval  
   33.     Making declaration that actions do not need approval under Part  
   34.     What is matter protected by a provision of Part  
   34A.    Minister may only make declaration if prescribed criteria are  
   34B.    Declarations relating to declared World Heritage  
   34C.    Declarations relating to declared Ramsar wetlands  
   34D.    Declarations relating to listed threatened species and ecological  
   34E.    Declarations relating to migratory species  
   35.     Revoking declarations  
   36.     Other rules about declarations  

           Division 4--Forestry operations in certain regions

   38.     Approval not needed for forestry operations permitted by regional  
   39.     Object of this Subdivision  
   40.     Forestry operations in regions not yet covered by regional forest  
   41.     What is an RFA region?  
   42.     This Division does not apply to some forestry operations  

           Division 5--Actions in the Great Barrier Reef Marine Park

   43.     Actions taken in accordance with permission  
            

CHAPTER 3--Bilateral agreements
            

   PART 5--BILATERAL AGREEMENTS

           Division 1--Object of Part

   44.     Object of this Part  

           Division 2--Making bilateral agreements

   45.     Minister may make agreement  
   46.     Agreement may declare actions do not need approval under Part  
   47.     Agreement may declare classes of actions do not need  
   48.     Other provisions of bilateral agreements  
   48A.    Mandatory provisions  
   49.     Express provision needed to affect Commonwealth areas or  
   49A.    Consultation on draft agreement  
   50.     Minister may only enter into agreement if prescribed criteria are  
   51.     Agreements relating to declared World Heritage  
   52.     Agreements relating to declared Ramsar wetlands  
   53.     Agreements relating to listed threatened species and ecological  
   54.     Agreements relating to migratory species  
   55.     Agreements relating to nuclear actions  
   56.     Agreements relating to prescribed actions  

           Division 3--Suspending and ending the effect of bilateral agreements

   57.     Representations about suspension or cancellation  
   58.     Consultation before cancellation or suspension  
   59.     Suspension or cancellation  
   60.     Emergency suspension of effect of bilateral agreement  
   61.     Cancellation during suspension  
   62.     Revocation of notice of suspension or cancellation  
   63.     Cancellation or suspension at request of other party  
   64.     Cancellation or suspension of bilateral agreement does not affect  
   65.     Expiry and review of bilateral agreements  
   65A.    Expiry of bilateral agreement does not affect certain  
            

CHAPTER 4--Environmental assessments and approvals
            

   PART 6--SIMPLIFIED OUTLINE OF THIS CHAPTER

   66.     Simplified outline of this Chapter  

   PART 7--DECIDING WHETHER APPROVAL OF ACTIONS IS NEEDED

           Division 1--Referral of proposals to take action

   67.     What is a controlled action?  
   68.     Referral by person proposing to take action  
   69.     State or Territory may refer proposal to Minister  
   70.     Minister may request referral of proposal  
   71.     Commonwealth agency may refer proposal to Minister  
   72.     Form and content of referrals  
   73.     Informing person proposing to take action of referral  
   74.     Inviting provision of information on referred proposal  

           Division 2--Ministerial decision whether action needs approval

   75.     Does the proposed action need approval?  
   76.     Minister may request more information for making  
   77.     Notice and reasons for decision  
   78.     Reconsideration of decision  
   79.     Reconsideration of decision on request by a State or  

   PART 8--ASSESSING IMPACTS OF CONTROLLED ACTIONS

           Division 1--Simplified outline of this Part

   80.     Simplified outline of this Part  

           Division 2--Application of this Part

   81.     Application  
   82.     What are the relevant impacts of an action?  
   83.     This Part does not apply if action covered by bilateral  
   84.     This Part does not apply if action covered by  

           Division 3--Decision on assessment approach

   85.     Simplified outline of this Division  
   86.     Designated proponent must provide preliminary information for  
   87.     Minister must decide on approach for assessment  
   88.     Timing of decision on assessment approach  
   89.     Minister may request more information for making  
   90.     Directing an inquiry after starting an assessment  
   91.     Notice of decision on assessment approach  

           Division 4--Assessment on preliminary documentation

   92.     Application  
   93.     Public comment on information included in referral  
   94.     Revised documentation  
   95.     Assessment report  

           Division 5--Public environment reports

   96.     Application  
   97.     Minister must prepare guidelines for draft public environment  
   98.     Designated proponent must invite comment on draft public  
   99.     Finalising public environment report  
   100.    Assessment report  

           Division 6--Environmental impact statements

   101.    Application  
   102.    Minister must prepare guidelines for draft environmental impact  
   103.    Designated proponent must invite comment on draft environmental  
   104.    Finalising draft environmental impact statement  
   105.    Assessment report  

           Division 7--Inquiries

   106.    Simplified outline  
   107.    Appointing commissioners and setting terms of reference  
   108.    Publicising inquiry  
   109.    Procedure of inquiries  
   110.    Inquiry to be public  
   111.    Calling witnesses  
   112.    Dealing with witnesses  
   113.    Dealing with documents given to commission  
   114.    Inspections of land, buildings and places  
   115.    Entering premises by consent  
   116.    Entering premises under warrant  
   117.    Warrants by telephone or other electronic means  
   118.    Identity cards  
   119.    Contempt  
   120.    Protection of commissioners and witnesses  
   121.    Timing of report  
   122.    Publication of report  
   123.    Basis of appointment  
   124.    Remuneration  
   125.    Leave of absence  
   126.    Resignation  
   127.    Termination of appointment  
   128.    Disclosure of interests  
   129.    Other terms and conditions  

   PART 9--APPROVAL OF ACTIONS

           Division 1--Decisions on approval and conditions

   130.    Timing of decision on approval  
   131.    Inviting comments from other Ministers before decision  
   132.    Requesting further information for approval decision  
   133.    Grant of approval  
   134.    Attaching conditions to approval  
   135.    Certain approvals and conditions must not give  
   136.    General considerations  
   137.    Requirements for decisions about World Heritage  
   138.    Requirements for decisions about Ramsar wetlands  
   139.    Requirements for decisions about threatened species and  
   140.    Requirements for decisions about migratory species  
   140A.   No approval for certain nuclear installations  

           Division 2--Requirement to comply with conditions

   142.    Compliance with conditions on approval  
   142A.   Offence of breaching conditions on approval  

           Division 3--Variation of conditions and suspension and revocation of approvals

   143.    Variation of conditions attached to approval  
   144.    Suspension of approval  
   145.    Revocation of approval  
   145A.   Reinstating suspended or revoked approval  

           Division 4--Transfer of approvals

   145B.   Transfer with Minister's consent  

   PART 10--STRATEGIC ASSESSMENTS

           Division 1--Strategic assessments generally

   146.    Minister may agree on strategic assessment  

           Division 2--Assessment of Commonwealth-managed fisheries

   147.    Simplified outline of this Division  
   148.    Assessment before management plan is determined  
   149.    Assessment before determination that no plan required  
   150.    Assessment of all fisheries without plans must be started within  
   151.    Assessment of all Torres Strait fisheries to be started within 5  
   152.    Further assessment if impacts greater than previously  
   153.    Minister must make declaration if he or she endorses plan or  
   154.    This Division does not limit Division 1  

   PART 11--MISCELLANEOUS RULES ABOUT ASSESSMENTS AND APPROVALS

           Division 1--Rules about timing

   155.    This Chapter ceases to apply to lapsed proposals  
   156.    General rules about time limits  

           Division 2--Actions in area offshore from a State or the Northern Territory

   157.    Actions treated as though they were in a State or the Northern  

           Division 3--Exemptions

   158.    Exemptions from Part 3 and this Chapter  

           Division 4--Application of Chapter to actions that are not controlled actions

   159.    Simplified outline of this Subdivision  
   160.    Requirement to take account of Minister's advice  
   161.    Seeking the Minister's advice  
   162.    Assessment of the action  
   163.    Providing advice  
   164.    Reporting on response to advice  
   165.    Assessment of applications for permits relating to whales,  
   166.    This Subdivision applies if Ministers agree it should  
   167.    Making an agreement  
   168.    Content of an agreement  
   169.    Application of a Division of Part 8  
   170.    Application of Division 1 of Part 10  

           Division 5--Publication of information relating to assessments

   170A.   Publication of information relating to assessments  
            

CHAPTER 5--Conservation of biodiversity
            

   PART 12--IDENTIFYING AND MONITORING BIODIVERSITY AND MAKING BIOREGIONAL PLANS

           Division 1--Identifying and monitoring biodiversity

   171.    Identifying and monitoring biodiversity  
   172.    Inventories of listed threatened species etc. on Commonwealth  
   173.    Surveys of cetaceans, listed threatened species etc. in  
   174.    Inventories and surveys to be updated  
   175.    Obligations under this Act unaffected by lack of inventories or  

           Division 2--Bioregional plans

   176.    Bioregional plans  
   177.    Obligations under this Act unaffected by lack of bioregional  

   PART 13--SPECIES AND COMMUNITIES

           Division 1--Listed threatened species and ecological communities

   178.    Listing of threatened species  
   179.    Categories of threatened species  
   180.    Native species of marine fish  
   181.    Listing of threatened ecological communities  
   182.    Critically endangered, endangered and vulnerable communities  
   183.    Listing of key threatening processes  
   184.    Minister may amend lists  
   185.    Maintaining the lists in up-to-date condition  
   186.    Amending list of threatened native species  
   187.    Amending list of ecological communities  
   188.    Amending list of key threatening processes  
   189.    Minister must consider advice from Scientific Committee  
   190.    Scientific Committee may provide advice about species or  
   191.    Nomination of threatened species etc.  
   192.    Rediscovery of threatened species that were extinct  
   193.    Species posing a serious threat to human health  
   194.    Minister to make lists available to the public  
   195.    Subdivision does not apply to cetaceans  
   196.    Recklessly killing or injuring member of listed threatened  
   196A.   Strict liability for killing or injuring member of listed  
   196B.   Recklessly taking etc. member of listed threatened species or  
   196C.   Strict liability for taking etc. member of listed threatened  
   196D.   Trading etc. member of listed threatened species or community  
   196E.   Strict liability for trading etc. member of listed threatened  
   197.    Certain actions are not offences  
   198.    Operation of sections 18 and 18A not affected  
   199.    Failing to notify taking of listed threatened species or listed  
   200.    Application for permits  
   201.    Minister may issue permits  
   202.    Conditions of permits  
   203.    Contravening conditions of a permit  
   204.    Authorities under permits  
   205.    Transfer of permits  
   206.    Suspension or cancellation of permits  
   206A.   Review of decisions about permits  
   207.    Fees  
   207A.   Register of critical habitat  
   207B.   Offence of knowingly damaging critical habitat  
   207C.   Sale or lease of Commonwealth land containing critical  
   208.    Regulations  

           Division 2--Migratory species

   209.    Listed migratory species  
   210.    Subdivision does not apply to members of listed threatened  
   211.    Recklessly killing or injuring member of listed migratory  
   211A.   Strict liability for killing or injuring member of listed  
   211B.   Recklessly taking etc. member of listed migratory  
   211C.   Strict liability for taking etc. member of listed migratory  
   211D.   Trading etc. member of listed migratory species taken in  
   211E.   Strict liability for trading etc. member of listed migratory  
   212.    Certain actions are not offences  
   213.    Operation of sections 20 and 20A not affected  
   214.    Failing to notify taking etc. of listed migratory species  
   215.    Application for permits  
   216.    Minister may issue permits  
   217.    Conditions of permits  
   218.    Contravening conditions of a permit  
   219.    Authorities under permits  
   220.    Transfer of permits  
   221.    Suspension or cancellation of permits  
   221A.   Review of decisions about permits  
   222.    Fees  
   223.    Regulations  

           Division 3--Whales and other cetaceans

   224.    Application of Division  
   225.    Australian Whale Sanctuary  
   226.    Prescribed waters  
   227.    Coastal waters  
   228.    Minister may make declaration for coastal waters  
   229.    Recklessly killing or injuring a cetacean  
   229A.   Strict liability for killing or injuring a cetacean  
   229B.   Intentionally taking etc. a cetacean  
   229C.   Strict liability for taking etc. a cetacean  
   229D.   Treating an illegally killed or taken cetacean  
   230.    Possession of cetaceans  
   231.    Certain actions are not offences  
   232.    Action to be taken on killing etc. cetaceans  
   233.    Possession of unlawfully imported cetaceans  
   234.    Treating unlawfully imported cetaceans  
   235.    Sections 233 and 234 do not apply to certain actions  
   236.    Offences relating to foreign whaling vessels  
   237.    Application for permits  
   238.    Minister may issue permits  
   239.    Conditions of permits  
   240.    Contravening conditions of a permit  
   241.    Authorities under permits  
   242.    Transfer of permits  
   243.    Suspension or cancellation of permits  
   243A.   Review of decisions about permits  
   244.    Fees  
   245.    Minister may accredit plans of management  
   246.    Vesting of whales in Commonwealth  
   247.    Regulations  

           Division 4--Listed marine species

   248.    Listed marine species  
   249.    Minister may amend list  
   250.    Adding marine species to the list  
   251.    Minister must consider advice from Scientific Committee  
   252.    Minister to make lists available to the public  
   253.    Subdivision does not apply to members of certain species and  
   254.    Recklessly killing or injuring member of listed marine  
   254A.   Strict liability for killing or injuring member of listed marine  
   254B.   Recklessly taking etc. member of listed marine species  
   254C.   Strict liability for taking etc. member of listed marine  
   254D.   Trading etc. member of listed marine species taken in  
   254E.   Strict liability for trading etc. member of listed marine  
   255.    Certain actions are not offences  
   256.    Failing to notify taking etc. of listed marine wildlife  
   257.    Application for permits  
   258.    Minister may issue permits  
   259.    Conditions of permits  
   260.    Contravening conditions of a permit  
   261.    Authorities under permits  
   262.    Transfer of permits  
   263.    Suspension or cancellation of permits  
   263A.   Review of decisions about permits  
   264.    Fees  
   265.    Minister may accredit plans of management  
   266.    Regulations  

           Division 4A--Register for consultations about permits

   266A.   Register for consultation about permit applications  

           Division 5--Plans

   267.    Simplified outline of this Subdivision  
   268.    Compliance with recovery plans and threat abatement  
   269.    Implementing recovery and threat abatement plans  
   269A.   Making or adopting a recovery plan  
   270.    Content of recovery plans  
   270A.   Decision whether to have a threat abatement plan  
   270B.   Making or adopting a threat abatement plan  
   271.    Content of threat abatement plans  
   272.    Eradication of non-native species  
   273.    Ensuring plans are in force  
   274.    Scientific Committee to advise on plans  
   275.    Consultation on plans  
   276.    Consideration of comments  
   277.    Adoption of State plans  
   278.    Publication, review and variation of plans  
   279.    Variation of plans by the Minister  
   280.    Variation by a State or Territory of joint plans and plans  
   281.    Commonwealth assistance  
   282.    Scientific Committee to advise on assistance  
   283.    Plans may cover more than one species etc.  
   283A.   Revoking a threat abatement plan  
   284.    Reports on preparation and implementation of plans  
   285.    Wildlife conservation plans  
   286.    Acting in accordance with wildlife conservation plans  
   287.    Content of wildlife conservation plans  
   288.    Eradication of non-native species  
   289.    Scientific Committee to advise on scheduling of plans  
   290.    Consultation on plans  
   291.    Consideration of comments  
   292.    Adoption of State plans  
   293.    Publication, review and variation of plans  
   294.    Variation of plans by the Minister  
   295.    Variation by a State or Territory of joint plans and plans  
   296.    Commonwealth assistance  
   297.    Plans may cover more than one species etc.  
   298.    Reports on preparation and implementation of plans  
   299.    Wildlife conservation plans cease to have effect  
   300.    Document may contain more than one plan  
   300A.   State and Territory laws not affected  

           Division 6--Access to biological resources

   301.    Control of access to biological resources  

           Division 6A--Control of non-native species

   301A.   Regulations for control of non-native species  

           Division 7--Aid for conservation of species in foreign countries

   302.    Aid for conservation of species in foreign countries  

           Division 8--Miscellaneous

   303.    Regulations  
   303A.    Exemptions from this Part  

   PART 14--CONSERVATION AGREEMENTS

   304.    Object of this Part  
   305.    Minister may enter into conservation agreements  
   306.    Content of conservation agreements  
   307.    Conservation agreements to be legally binding  
   308.    Variation and termination of conservation agreements  
   309.    Publication of conservation agreements  
   310.    List of conservation agreements  
   311.    Commonwealth, State and Territory laws  
   312.    Minister must not give preference  

   PART 15--PROTECTED AREAS

           Division 1--Managing World Heritage properties

   313.    Simplified outline of this Division  
   314.    Special provisions relating to World Heritage  
   315.    Minister must give notice of submission of property for listing  
   316.    Making plans  
   317.    Notice of plans  
   318.    Compliance with plans  
   319.    Review of plans every 5 years  
   320.    Application  
   321.    Co-operating to prepare and implement plans  
   322.    Commonwealth responsibilities  
   323.    Australian World Heritage management principles  
   324.    Commonwealth assistance for protecting declared World Heritage  

           Division 2--Managing wetlands of international importance

   325.    Simplified outline of this Division  
   326.    Commonwealth must seek agreement before designation  
   327.    Minister must give notice of designation of wetland  
   328.    Making plans  
   329.    Notice of plans  
   330.    Compliance with plans  
   331.    Review of plans every 5 years  
   332.    Application  
   333.    Co-operating to prepare and implement plans  
   334.    Commonwealth responsibilities  
   335.    Australian Ramsar management principles  
   336.    Commonwealth assistance for protecting declared Ramsar  

           Division 3--Managing Biosphere reserves

   337.    Definition of Biosphere reserve  
   338.    Planning for management of Biosphere reserves  
   339.    Commonwealth activities in Biosphere reserves  
   340.    Australian Biosphere reserve management principles  
   341.    Commonwealth assistance for protecting Biosphere  

           Division 4--Commonwealth reserves

   342.    Simplified outline of this Division  
   343.    Simplified outline of this Subdivision  
   344.    Declaring Commonwealth reserves  
   345.    Extent of Commonwealth reserve  
   345A.   Commonwealth usage rights vest in Director  
   346.    Content of Proclamation declaring Commonwealth reserve  
   347.    Assigning Commonwealth reserves and zones to IUCN  
   348.    Australian IUCN reserve management principles  
   349.    Proclamations assigning reserve or zone to wilderness area  
   350.    Revocation and alteration of Commonwealth reserves  
   351.    Report before making Proclamation  
   352.    What happens to Director's usage rights when Commonwealth reserve  
   353.    Simplified outline of this Subdivision  
   354.    Activities that may be carried on only under management  
   355.    Limits on mining operations in Commonwealth reserves  
   356.    Regulations controlling activities relating to Commonwealth  
   356A.   Charges for activities in Commonwealth reserves  
   357.    Managing Commonwealth reserves while a management plan is not in  
   358.    Restriction on disposal of Director's interests in Commonwealth  
   359.    Prior usage rights relating to Commonwealth reserves continue to  
   359A.   Traditional use of Commonwealth reserves by indigenous  
   360.    Activities in wilderness areas  
   361.    Simplified outline of this Subdivision  
   362.    Commonwealth and Commonwealth agencies to comply with management  
   363.    Resolving disagreement between land council and Director over  
   364.    Resolving disagreement between Director and Board over  
   365.    Simplified outline of this Subdivision  
   366.    Obligation to prepare management plans for Commonwealth  
   367.    Content of a management plan for a Commonwealth reserve  
   368.    Steps in preparing management plans for Commonwealth  
   369.    Resolving disagreements between Director and Board in planning  
   370.    Approval of management plans for Commonwealth reserves  
   371.    Approved management plans are disallowable instruments  
   372.    Amendment and revocation of management plans for Commonwealth  
   373.    Expiry of management plans for Commonwealth reserves  
   374.    Simplified outline of this Subdivision  
   375.    Application  
   376.    Functions of a Board for a Commonwealth reserve  
   377.    Minister must establish Board if land council or traditional  
   378.    Altering the constitution of a Board or abolishing a  
   379.    Appointment of Board members  
   380.    Terms and conditions  
   381.    Remuneration  
   382.    Termination of appointments of Board members  
   383.    Procedure of a Board  
   384.    Simplified outline of this Subdivision  
   385.    Activities in Commonwealth reserve without management  
   386.    What are the Kakadu region and the Uluru  
   387.    No mining operations in Kakadu National Park  
   388.    Establishment and development of townships in the Kakadu region  
   389.    Planning for townships  
   390.    Special rules to protect Aboriginal interests in planning  
   390A.   Appointment of Northern Territory nominee to Board  

           Division 5--Conservation zones

   390B.   Simplified outline of this Division  
   390C.   Object of this Division  
   390D.   Proclamation of conservation zones  
   390E.   Regulating activities generally  
   390F.   Charges for activities in conservation zones  
   390G.   Other laws and regulations made for this Division  
   390H.   Prior usage rights relating to conservation zones continue to  
   390J.   Revoking and altering conservation zones  
            

CHAPTER 6--Administration
            

   PART 16--APPLICATION OF PRECAUTIONARY PRINCIPLE IN DECISION-MAKING

   391.    Minister must consider precautionary principle in making  

   PART 17--ENFORCEMENT

           Division 1--Wardens, rangers and inspectors

   392.    Appointment of wardens and rangers  
   393.    Arrangements for certain officers or employees to exercise powers  
   394.    Wardens ex officio  
   395.    Identity cards  
   396.    Appointment of inspectors  
   397.    Inspectors ex officio  
   398.    Arrangements for State and Territory officers to be  
   399.    Identity cards  
   400.    Regulations may give wardens, rangers and inspectors extra  
   401.    Impersonating authorised officers and rangers  
   402.    Offences against authorised officers and rangers  

           Division 2--Boarding of vessels etc. and access to premises by consent

   403.    Boarding of vessels etc. by authorised officers  
   404.    Authorised officers to produce identification  
   405.    Access to premises  
   406.    Powers of authorised officers  

           Division 3--Monitoring of compliance

   407.    Monitoring powers  
   408.    Monitoring searches with occupier's consent  
   409.    Monitoring warrants  
   410.    Details of monitoring warrant to be given to occupier  
   411.    Occupier entitled to be present during search  
   412.    Announcement before entry  
   412A.   Other powers when on premises under monitoring warrant  

           Division 4--Search warrants

   413.    When search warrants can be issued  
   414.    Statements in warrants  
   415.    Powers of magistrate  
   416.    Warrants by telephone or other electronic means  
   417.    The things that are authorised by a search warrant  
   418.    Availability of assistance, and use of force, in executing a  
   419.    Details of warrant to be given to occupier etc.  
   420.    Specific powers available to person executing warrant  
   421.    Use of equipment to examine or process things  
   422.    Use of electronic equipment at premises  
   423.    Compensation for damage to electronic equipment  
   424.    Copies of seized things to be provided  
   425.    Occupier entitled to be present during search  
   426.    Receipts for things seized under warrant  
   427.    Restrictions on personal searches  
   428.    When a thing is in the possession of a person  

           Division 5--Stopping and searching aircraft, vehicles or vessels

   429.    Searches of aircraft, vehicles or vessels without warrant in  

           Division 6--Arrest and related matters

   430.    Powers of arrest  
   431.    Power to conduct a frisk search of an arrested person  
   432.    Power to conduct an ordinary search of an arrested  
   433.    Power to conduct search of arrested person's premises  

           Division 7--Miscellaneous provisions about searches, entry to premises, warrants etc.

   434.    Conduct of ordinary searches and frisk searches  
   435.    Announcement before entry  
   436.    Offence of making false statements in warrants  
   437.    Offences relating to telephone warrants  
   438.    Retention of things which are seized  
   439.    Magistrate may permit a thing to be retained  
   440.    Law relating to legal professional privilege not  
   441.    Other laws about search, arrest etc. not affected  
   442.    Persons to assist authorised officers  

           Division 8--Power to search goods, baggage etc.

   443.    Power to search goods, baggage etc.  

           Division 9--Power to ask for names and addresses

   444.    Authorised person may ask for person's name and address  

           Division 10--Seizure and forfeiture etc.

   445.    Seizure of goods  
   446.    Retention of goods that have been seized  
   447.    Disposal of goods if there is no owner or owner cannot be  
   448.    Release of goods that have been seized  
   449.    Immediate disposal of seized items  
   450.    Court-ordered forfeiture  
   451.    Dealings in forfeited items  
   452.    Delivery of forfeited items to the Commonwealth  
   453.    Keeping of organisms retained under this Part  
   454.    Recovery of costs of storing or keeping organisms  
   455.    Rescuing goods  
   456.    Breaking or destroying goods or documents to prevent seizure  

           Division 11--Powers of pursuit

   457.    Power to pursue persons etc.  

           Division 12--Environmental audits

   458.    Directed environmental audits  
   459.    Appointment of auditor and carrying out of audit  
   460.    Nature of directed environmental audit  
   461.    Audit reports  
   462.    Directed environmental audits do not affect other audit  

           Division 13--Conservation orders

   463.    Simplified outline of this Division  
   464.    Minister may make conservation orders  
   465.    Duration of conservation orders  
   466.    Reviews of conservation orders  
   467.    Publication of conservation orders  
   468.    Application for reconsideration of conservation orders or  
   469.    Reconsideration of conservation orders and decisions on  
   470.    Contravening conservation orders is an offence  
   471.    Minister to consider proposed actions etc.  
   472.    Contents of notices of advice  
   473.    Review by the Administrative Appeals Tribunal  
   474.    Assistance in complying with conservation orders  

           Division 14--Injunctions

   475.    Injunctions for contravention of the Act  
   476.    Injunctions for contraventions of conservation  
   477.    Discharge of injunctions  
   478.    No undertakings as to damages  
   479.    Certain considerations for granting injunctions not  
   480.    Powers conferred are in addition to other powers of the  

           Division 15--Civil penalties

   481.    Federal Court may order person to pay pecuniary penalty for  
   482.    What is a civil penalty provision?  
   483.    Contravening a civil penalty provision is not an  
   484.    Persons involved in contravening civil penalty  
   485.    Recovery of a pecuniary penalty  
   486.    Gathering information for application for pecuniary  
   486A.   Civil proceedings after criminal proceedings  
   486B.   Criminal proceedings during civil proceedings  
   486C.   Criminal proceedings after civil proceedings  
   486D.   Evidence given in proceedings for penalty not admissible in  

           Division 16--Review of administrative decisions

   487.    Extended standing for judicial review  
   488.    Applications on behalf of unincorporated organisations  

           Division 17--Duty to provide accurate information

   489.    Providing false or misleading information to obtain approval or  
   490.    Providing false or misleading information in response to a  
   491.    Providing false or misleading information to authorised officer  

           Division 18--Liability of executive officers for corporations

   493.    Who is an executive officer of a body corporate?  
   494.    Civil penalties for executive officers of bodies  
   495.    Criminal liability of executive officers of bodies  
   496.    Did an executive officer take reasonable steps to prevent  

           Division 19--Infringement notices

   497.    Infringement notices  

           Division 20--Publicising contraventions

   498.    Minister may publicise contraventions of this Act or the  

           Division 21--Immunity of officers

   498A.   Immunity of officers and assistants  

   PART 18--REMEDYING ENVIRONMENTAL DAMAGE

   499.    Commonwealth powers to remedy environmental damage  
   500.    Liability for loss or damage caused by contravention  
   501.    Other powers not affected  

   PART 19--ORGANISATIONS

           Division 1--Establishment and functions of the Threatened Species Scientific Committee

   502.    Establishment  
   503.    Functions of the Committee  

           Division 2--Establishment and functions of the Biological Diversity Advisory Committee

   504.    Establishment  
   505.    Functions of the Committee  

           Division 2A--Indigenous Advisory Committee

   505A.   Establishment  
   505B.   Functions of the Committee  

           Division 3--Members and procedures of Committees

   506.    Application  
   507.    Terms and conditions  
   508.    Remuneration  
   509.    Termination of appointments of Committee members  
   510.    Procedure of a Committee  

           Division 4--Advisory committees

   511.    Minister may establish advisory committees  
   512.    Appointments  
   513.    Members of advisory committees  
   514.    Committee procedure  

           Division 5--Director of National Parks

   514A.   Continuation  
   514B.   Functions  
   514C.   Powers  
   514D.   Requirements relating to functions and powers  
   514E.   Constitution  
   514F.   Appointment  
   514G.   Acting appointments  
   514H.   Term of office  
   514J.   Remuneration  
   514K.   Outside employment  
   514L.   Disclosure of interests  
   514M.   Leave of absence  
   514N.   Resignation  
   514P.   Termination  
   514Q.   Other terms and conditions  
   514R.   Australian National Parks Fund  
   514S.   Payments to Australian National Parks Fund  
   514T.   Application of money  
   514U.   Modification of the Commonwealth Authorities and Companies  
   514V.   Extra matters to be included in annual report  
   514W.   Exemption from taxation  
   514X.   Changes in office of Director  

   PART 20--DELEGATION

   515.    Delegation  

   PART 21--REPORTING

           Division 1--Annual reports

   516.    Annual report on operation of Act  
   516A.   Annual reports to deal with environmental matters  

           Division 2--State of the environment reports

   516B.   State of the environment reports  
            

CHAPTER 7--Miscellaneous
            

   PART 22--MISCELLANEOUS

   517.    Determinations of species  
   518.    Non-compliance with time limits  
   519.    Compensation for acquisition of property  
   520.    Regulations  
   521.     Fees and charges must not be taxes  
   522.    Financial assistance etc. to be paid out of appropriated  
   522A.   Review of operation of Act  
   522B.   This Act does not apply to certain actions with prior  
            

CHAPTER 8--Definitions
            

   PART 23--DEFINITIONS

           Division 1--Some definitions relating to particular topics

   523.    Actions  
   524.    Things that are not actions  
   524A.   Provision of grant funding is not an action  
   524B.   Significant impact of actions  
   525.    Commonwealth areas  
   526.    Subsidiaries of bodies corporate  
   527.    Convictions  

           Division 2--General list of definitions

   528.    Definitions  


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