Outline of this Part
This Part imposes obligations on persons (particularly
ensure the effectiveness of protective measures
circumstances, to issue permits allowing acts such as the
taking of listed native species.
agencies relating to contravention of recovery plans,
threat abatement plans and impact assessment conservation
Division 4 concerns the Minister's role in advising
whether proposed actions breach obligations imposed by
Division 5 concerns repair of damage caused by breaching
the costs of repair.
Division 1; Obligations on persons generally
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Compliance with conservation orders
proposes to take may contravene a particular interim
conservation order or permanent conservation order, the
person may seek the Minister's advice under subsection
104(4) on whether the order would be contravened by taking
The person does not contravene the order if he or she acts
subsection 104(4) to the effect that the order would not
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Taking etc. listed native species
recklessly take, trade, keep, or move any member of a
listed native species that is in or on a Commonwealth
recklessly trade, keep or move any member of a listed
native species that has been taken in or on a Commonwealth
or indirectly, in the taking (otherwise than knowingly or
recklessly) of one or more members of a listed native
species in or on a Commonwealth area, the person must, as
soon as practicable after becoming aware of the taking,
give the Director a written notice that:
informs the Director that the activity resulted in
taking (for example, the time and place of the
taking) as are specified in the regulations.
This section does not apply to an act:
that is done in accordance with a permit issued by
the Director under section 89; or
abatement plan for the purposes of its
approval given or made under:
the Great Barrier Reef Marine Park Act 1975;
Act 1975; or
the Wildlife Protection (Regulation of Exports
and is reasonably necessary for the purposes of law
keep, in relation to a member of a listed native species,
possession of the member of the species either in
captivity or in a domesticated state; or
possession of the member of the species.
member of a listed native species includes, in the case of a
species of fauna, the whole or part of the dead body of a
member of the species.
take includes kill, destroy, damage or collect.
agree to accept under such an agreement or acquire by
possession for the purpose of sale, deliver for the
purpose of sale, receive for the purpose of sale or
dispose of by barter for the purpose of gain or
paragraph (a), (b) or (c) to be done.
Division 2;Permits for taking etc. listed native species
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Application for permits
to be issued under section 89.
The application may be made:
on the applicant's own behalf; or
on behalf of one or more other specified persons; or
on behalf of the members, from time to time, of a
specified group of persons.
must be accompanied by the fee prescribed by the
to amount to taxation.
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Director may issue permits
Subject to this Division, the Director may, in writing,
for the permit was made; or
if the application was made on behalf of the members,
persons;any person who is, at the relevant time,
a member of the group of persons specified in the
breaching section 87.
The Director may include in the permit any conditions to
conditions stating the period within which the acts
specified in the permit may be done.
that the acts specified in the permit:
will significantly contribute to the conservation of
native species; or
are merely incidental to other acts and will not:
appreciably reduce the survival or recovery in
nature of the listed native species concerned;
species that is in force; or
are of particular significance to Aboriginal or
appreciably reduce the survival or recovery in nature
of the listed native species concerned; or
conducted in a way that will, so far as is
practicable, keep to a minimum any impact on the
listed native species concerned.
In this section:
Aboriginal or Torres Strait Islander tradition means the
body of traditions, observances, customs and beliefs of
Aboriginals and Torres Strait Islanders generally or of a
particular group of Aboriginals or Torres Strait
Torres Strait Islander means a descendant of an
indigenous inhabitant of the Torres Strait Islands.
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The Director must, at intervals of not more than 12
national daily newspaper a notice inviting applications
from persons or bodies wishing to be registered for
receipt of advice on applications for permits.
The Director must register any person or body that applies
As soon as practicable after receiving an application
under section 88, the Director must cause a notice of the
application to be given to each person registered under
set out details of the application; and
invite persons to make written submissions to the
days after the last day on which the notice was given.
In making a decision on the application, the Director must
registered under this section to the Director on or before
the day, and at the address for lodgment, specified in the
Deadline for making a decision
The Director must:
decide whether to issue, or refuse to issue, a
within 90 days after receiving the application.
the application if he or she has not informed the
applicant of the decision on the application before the
end of the period of 90 days.
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Cancellation of permits
The Director may cancel a permit if:
the person to whom the permit was issued is convicted
(Regulation of Exports and Imports) Act 1982;
subsection 86(1), of the Crimes Act 1914 that
relates to section 87 of this Act or to the
Wildlife Protection (Regulation of Exports and
Imports) Act 1982; or
the permit was issued no longer apply; and
none of the other grounds set out in subsection
to the person to whom the permit was issued.
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Notification of rights to reconsideration
The notice informing a person of a decision to issue, or
permit, must contain:
a statement to the effect that the applicant may
the notice, for a reconsideration of the decision;
applied for a reconsideration and is dissatisfied
with the Minister's decision on that reconsideration,
application may, subject to the Administrative
Appeals Tribunal Act 1975, be made to the
Administrative Appeals Tribunal for review of the
request a statement under section 28 of that Act in
relation to the decision on that reconsideration.
validity of the decision.
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Application for reconsideration
The person given the notice may apply to the Minister to
further period as the Minister allows, after the applicant
received notice of the decision.
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Reconsideration of decisions
reconsider the decision; and
by instrument in writing:
if the decision is to refuse to issue a
decision and direct the Director to issue a
permit in the terms specified by the Minister;
permit;confirm the decision, or vary the
decision and direct the Director to issue a
fresh permit in the terms specified by the
permit;confirm or revoke the decision.
In reconsidering the decision, the Minister is to have
issuing a permit.
The Minister must not, under subparagraph (1)(a)(ii), vary
applicant, unless the Minister is satisfied that changes
in the circumstances under which the permit was issued
have made such a variation necessary.
As soon as practicable after being so informed, the
if a decision to issue, or refusing to issue, a
permit, as directed.
The notice under paragraph (4)(a) must include:
a statement to the effect that, if the applicant is
dissatisfied with the decision on that
reconsideration, application may, subject to the
Administrative Appeals Tribunal Act 1975, be made
to the Administrative Appeals Tribunal for review of
the decision; and
validity of the decision on the reconsideration.
If the applicant is not notified of the result of the
Minister received the application, the Minister is taken,
at the end of that period, to have confirmed the decision
on the application.
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Review by the Administrative Appeals Tribunal
Applications may be made to the Administrative Appeals Tribunal
a decision to issue, or refusing to issue, a permit;
if the Minister has confirmed or varied the decision under subsection
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surrender the permit by:
returning the permit to the Director; and
giving the Director written notice that the permit is
permit is sooner cancelled):
if a day of effect is stated in the notice;at
notice is given.
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Publication of permit details etc.
The Director must give to any person who so requests written
permits that have been issued; and
applications for permits that have been refused.
Division 3;Additional obligations of Commonwealth agencies
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Compliance with recovery plans and threat abatement
action that contravenes a recovery plan or threat
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Compliance with impact assessment conservation orders
Subject to section 101, a Commonwealth agency must not take any
action that contravenes an impact assessment conservation
order made under paragraph 79(1)(a) or (b).
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Effect of Minister's advice on proposed actions etc.
A Commonwealth agency does not contravene section 99 or 100 if it
acts in accordance with advice given to it by the Minister
under subsection 104(4) to the effect that the section
would not be contravened.
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Commonwealth agencies to have regard to certain State
If a law of a State relating to protection of native species or
communities, does not apply to a Commonwealth agency
solely because it is a Commonwealth agency, the
Commonwealth agency must, in taking any action or making
any decision, have regard to the desirability of complying
with the requirements of that law.
Division 4;Consideration by the Minister of proposed actions etc.
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Commonwealth agencies to seek advice on proposed actions
If a Commonwealth agency (other than the Minister)
believes that action that it proposes to take may be
action to which section 99 or 100 applies, the
Commonwealth agency must notify the Minister in writing of
the proposed action and the grounds for its belief.
The Commonwealth agency must not take the action before it
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Minister to consider proposed actions etc.
opinion that section 99 or 100 applies to the
proposed action; or
the Minister's advice on whether it would contravene
an interim conservation order, permanent conservation
order or impact assessment conservation order.
If this section applies to a proposed action because of
writing, notify the Commonwealth agency that proposes to
take the action of the Minister's intention to refer the
matter to the Director under paragraph (4)(a).
A person who proposes to take the action may make written
submissions received by the Minister about the
proposed action, to the Director; and
matter, give to:
the Commonwealth agency concerned, and any
under section 86;
as the case requires, a written notice of the Minister's
advice on the proposed action.
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Contents of notices of advice
The notice of advice must state whether the Minister
conservation order or a permanent conservation order;
whichever is applicable.
Commonwealth agency, it must include:
a statement to the effect that, if the person is
that advice, application may, subject to the
a statement under section 28 of that Act in relation
to the decision.
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Review by the Administrative Appeals Tribunal
Tribunal for review of the Minister's decision to give the
Act 1975, applications are not to be made by or on behalf
of Commonwealth agencies.
Division 5;Repair of damage to species etc.
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Repair of damage
If the Director suspects that an act or omission
recovery plan, threat abatement plan or conservation
agreement, the Director may cause to be taken such steps
as the Director thinks proper:
to repair or remove any condition arising from that
to prevent any damage likely to arise from that act
outside a Commonwealth area unless it affects the
Commonwealth or the Director of powers under another
provision of this Act or under any other law.
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Liability for expenses incurred by the Commonwealth
this Act; and
the Commonwealth or the Director has incurred
rectifying the act or omission constituting the
the person convicted is liable to pay to the Commonwealth or to the
Director, as the case requires, an amount equal to the total amount of
those expenses or liabilities.
If 2 or more persons would be liable to pay an amount
liabilities, those persons are jointly and severally
liable to pay the total amount.
the Commonwealth or the Director exceeds an amount that
was reasonable in the circumstances, a person is not
liable under this section to pay the amount of the excess.
A reference in this section to rectifying an act or
the exercise of powers conferred by section 107, by any
provision of this Act or by another law):
act or omission; or
to mitigate any damage arising from that act or
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If a person is convicted of an offence against this Act because
of the application of section 5, 6, 7 or 7A, or subsection
86(1), of the Crimes Act 1914 in relation to a
contravention or possible contravention of this Act,
section 108 of this Act has effect as if the reference in
paragraph 108(1)(b) to an offence were a reference to the
contravention or possible contravention to which the
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Court may order convicted persons to pay amounts
If a person is convicted before a court of an offence against
this Act, the court may (whether or not it has imposed a
penalty on the person) order the person to pay an amount
that the person is liable to pay under section 108.
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Enforcement of orders for payment
If the court that made the order has civil jurisdiction to
respects as a final judgment of the court in favour of the
Commonwealth or the Director, as the case requires.
Director, as the case requires, a certificate in the prescribed form
containing the prescribed particulars.
the prescribed conditions (if any), be registered in a
court having civil jurisdiction to the extent of the
amount ordered to be paid to the Commonwealth or the
Director, as the case requires.
enforceable in all respects as a final judgment of the
court in favour of the Commonwealth or the Director, as
the case requires.
Subject to the prescribed conditions (if any), the cost of
under this section are taken to be payable under the
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Further orders relating to the same act or omission
Making an order under section 110 in respect of an expense or
liability incurred in relation to rectifying an act or
omission does not prevent the making of an order under
section 110 in respect of another expense or liability
incurred in relation to rectifying that act or omission.