Act No. 194 of 1992 as amended This compilation was prepared on 25 February 2000



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Part 8;The Endangered Species Advisory Committee and the

Endangered Species Scientific Subcommittee
- SECT 136

Outline of this Part

(1)

This Part establishes, and describes the functions,



membership and operation of, the Endangered Species

Advisory Committee and the Endangered Species Scientific

Subcommittee.

(2)


Division 1 establishes the Endangered Species Advisory

Committee and sets out its functions.

(3)

Division 2 is about the membership of the Advisory



Committee.

(4)


Division 3 is about meetings of the Advisory Committee.

(5)


Division 4 establishes the Endangered Species Scientific

Subcommittee and sets out its functions, membership and

operation.

(6)


Division 5 is about review of the Act's operation, and

assistance to the Committees.

Division 1;Establishment and functions of the Endangered Species

Advisory Committee


- SECT 137

Establishment

The Endangered Species Advisory Committee is established.

- SECT 138

Functions

The functions of the Advisory Committee are:

(a)

to advise the Minister on any measures that the



Commonwealth should take in order to comply with its

obligations under this Act; and

(b)

to advise the Minister under section 37 on the times



within which, and the order within which, draft

recovery plans and draft threat abatement plans

should be prepared; and

(c)


to comment on draft recovery plans and draft threat

abatement plans given to the Advisory Committee under

paragraph 39(1)(b); and

(d)


to give the Minister such other advice as is provided

for by this Act; and

(f)

to perform such other functions as are conferred on



the Advisory Committee by this Act or any other Act.

Division 2; Membership of the Advisory Committee

- SECT 139

Constitution

(1)

The Advisory Committee consists of such number of members,



not being fewer than 10, as the Minister from time to time

determines.

(2)

Subject to section 151, the performance of a function of



the Advisory Committee is not affected by a vacancy or

vacancies in the Advisory Committee's membership.

(3)

The performance of a function of the Advisory Committee is



not affected by the fact that the Advisory Committee's

membership does not include any members who are appointed

to represent a particular body, group of bodies or

community referred to in subsection 140(2).

- SECT 140

Appointment of members

(1)

Members are to be appointed by the Minister.



(2)

The Minister must ensure that the membership includes

members who are appointed to represent the following:

(a)


the body known as the Australian and New Zealand

Environment and Conservation Council;

(b)

conservation organisations that are not authorities



of the Commonwealth or of any State or Territory;

(c)


the scientific community (including both that part of

the scientific community concerned with marine

species and that part of the scientific community

concerned with terrestrial species);

(d)

the rural community;



(e)

the business community;

(f)

the Commonwealth.



(3)

The Minister must ensure that, as far as practicable, each

one of at least 5 members:

(a)


possesses scientific qualifications that the Minister

thinks relevant to the performance of the Advisory

Committee's functions; and

(b)


is appointed to represent the scientific community

and is not appointed to represent any of the other

bodies, groups of bodies or communities referred to

in subsection (2).

(4)

The Minister must ensure that a majority of the members



are not persons employed by the Commonwealth or

Commonwealth agencies.

- SECT 141

Chairperson

(1)

Subject to subsection (2), the Minister must appoint as



the Chairperson of the Advisory Committee one of the

members who possesses scientific qualifications that the

Minister thinks relevant to the performance of the

Advisory Committee's functions.

(2)

The Minister must not appoint as the Chairperson a member



who is employed by the Commonwealth or a Commonwealth

agency.


(3)

Subject to subsection (4), the member appointed as the

Chairperson holds the office of Chairperson until the end

of his or her term of office as a member that is current

at the time of his or her appointment.

(4)


The member so appointed ceases to be the Chairperson if he

or she:


(a)

ceases to be a member; or

(b)

resigns the office of Chairperson by written notice



delivered to the Minister.

(5)


A person is eligible to be re-appointed as the

Chairperson.

- SECT 142

Terms of office

A member:

(a)


is to be appointed on a part-time basis; and

(b)


holds office for such period (not exceeding 3 years)

as is specified in the instrument of appointment, but

is eligible for re-appointment.

- SECT 143

Terms and conditions of appointment

A member holds office on such terms and conditions (if any) in

relation to matters not provided for by this Act as are

determined by the Minister in writing.

- SECT 144

Remuneration and allowances

(1)

Members are to be paid such remuneration as is determined



by the Remuneration Tribunal, but, if no determination of

that remuneration by the Tribunal is in operation, are to

be paid such remuneration as is prescribed.

(2)


A member is to be paid such allowances as are prescribed.

(3)


This section has effect subject to the Remuneration

Tribunal Act 1973.

- SECT 145

Leave of absence

(1)

The Minister may grant leave of absence to the Chairperson



on such terms and conditions as to remuneration or

otherwise as the Minister considers appropriate.

(2)

The Chairperson may grant leave of absence to another



member on such terms and conditions as to remuneration or

otherwise as the Chairperson considers appropriate.

- SECT 146

Resignation

A member may resign by written notice delivered to the Minister.

- SECT 147

Outside employment

A member must not engage in any paid employment that, in the

Minister's opinion, conflicts with the proper performance

of the member's functions.

- SECT 148

Termination of appointment

(1)

The Minister may terminate a member's appointment for



misbehaviour or physical or mental incapacity.

(2)


The Minister may terminate a member's appointment if the

member:


(a)

becomes bankrupt, applies to take the benefit of any

law for the relief of bankrupt or insolvent debtors,

compounds with creditors or makes an assignment of

remuneration for their benefit; or

(b)


fails, without reasonable excuse, to comply with an

obligation imposed by subsection 154(3) or section

156; or

(c)


is absent, except on leave of absence granted under

section 145 from 3 consecutive meetings of the

Advisory Committee; or

(d)


if the member is also a member of the Scientific

Subcommittee:

(i)

fails, without reasonable excuse, to comply with



subsection 154(3) or section 156, (as those

provisions apply because of the application of

section 163); or

(ii)


is absent, except on leave of absence granted

under section 145 (as that section applies

because of the application of section 163), from

3 consecutive meetings of the Scientific

Subcommittee; or

(e)


engages in any paid employment that, in the

Minister's opinion, conflicts with the proper

performance of the member's functions; or

(f)


if the member was appointed to represent one or more

of the bodies, groups of bodies or communities

referred to in subsection 140(2);ceases, because

of a change in employment, residence or other

circumstances, to be, in the Minister's opinion, an

appropriate representative of such a body, groups of

bodies or community that he or she was appointed to

represent.

Division 3; Meetings of the Advisory Committee

- SECT 149

Convening meetings

(1)


Subject to subsection (2), the Advisory Committee must

hold such meetings as are necessary for the efficient

performance of its functions.

(2)


The Advisory Committee must hold at least one meeting

every 12 months.

(3)

The Chairperson:



(a)

may convene a meeting at any time; and

(b)

must convene a meeting on receipt of a written



request from at least 5 other members.

(4)


The Minister may convene a meeting at any time.

- SECT 150

Presiding at meetings

(1)


The Chairperson is to preside at all meetings at which he

or she is present.

(2)

If the Chairperson is not present, the members present



must elect one of their number to preside.

- SECT 151

Quorum

At a meeting, a majority of members, or 6 members, whichever is



the greater, form a quorum.

- SECT 152

Voting at meetings

(1)


Questions arising at a meeting are to be decided by a

majority of votes of the members present and voting.

(2)

The member presiding has a deliberative vote, and, if



necessary, also has a casting vote.

- SECT 153

Conduct of meetings

The Advisory Committee may, subject to this Division, determine

the procedure at meetings.

- SECT 154

Resolutions without meetings

(1)


If a majority of the members sign a document containing a

statement that they are in favour of a resolution in terms

set out in the document, a resolution in those terms is

taken to have been passed at a duly constituted meeting

held:

(a)


on the day the document was signed; or

(b)


if the members sign the document on different

days;on the last of those days.

(2)

For the purposes of subsection (1), 2 or more separate



documents containing statements in identical terms each of

which is signed by one or more members are together taken

to be one document containing a statement in those terms

signed by those members on the respective days on which

they signed the separate documents.

(3)


If the resolution is about a matter in which a member

would, for the purposes of section 156, be taken to have

an interest, the member:

(a)


must not sign a document containing a statement in

favour of the resolution; and

(b)

must disclose the nature of the interest to the



Chairperson.

(4)


Any member to whom subsection (3) applies in connection

with the resolution is taken not to be a member for the

purposes of calculating the number of members that would

constitute a majority under subsection (1) in connection

with the resolution.

- SECT 155

Records relating to meetings

The Advisory Committee must keep minutes of its meetings and

records of resolutions passed in accordance with section

154.


- SECT 156

Disclosure of interests

(1)

A member who has a direct or indirect pecuniary interest



in a matter being considered or about to be considered at

a meeting must, as soon as possible after the relevant

facts have come to the member's knowledge, disclose the

nature of the interest at a meeting.

(2)

The disclosure is to be recorded in the minutes of the



meeting and the member must not, unless the Advisory

Committee or the Minister otherwise determines:

(a)

be present during any deliberation of the Advisory



Committee with respect to the matter; or

(b)


take part in any decision of the Advisory Committee

with respect to the matter.

(3)

For the purposes of the Advisory Committee making such a



determination, any member who has a direct or indirect

pecuniary interest in the matter to which the disclosure

relates must not:

(a)


be present during any deliberation of the Advisory

Committee for the purposes of making the

determination; or

(b)


take part in the making of the determination.

- SECT 157

Persons may be invited to attend meetings

The Advisory Committee may invite a person to attend a meeting:

(a)

as an observer; or



(b)

to advise or inform the Advisory Committee on any

matter.

Division 4;The Endangered Species Scientific Subcommittee



- SECT 158

Establishment

The Endangered Species Scientific Subcommittee is established.

- SECT 159

Functions

(1)


The functions of the Scientific Subcommittee are:

(a)


to advise the Minister, within 12 months after the

commencement of this Act and thereafter at intervals

of not longer than 12 months, of amendments (if any)

that should be made to the lists; and

(b)

to advise the Minister of criteria that should be



used in deciding whether a list should be amended;

and


(c)

to advise the Minister of additional criteria that

should be specified in the definition of ecological

community in subsection 4(1).

(2)

In advising the Minister under paragraph (1)(a), the



Scientific Subcommittee must consider any changes to lists

of species adopted by the body known as the Australian and

New Zealand Environment and Conservation Council.

(3)


In advising the Minister under paragraph (1)(b), the

Scientific Subcommittee must consider any listing criteria

used by the body known as the Australian and New Zealand

Environment and Conservation Council.

- SECT 160

Constitution

(1)

The Scientific Subcommittee consists of such members of



the Advisory Committee as are members referred to in

subsection 140(3).

(2)

The performance of a function of the Scientific



Subcommittee is not affected by the number of its members

being fewer than 5.

- SECT 161

Chairperson of Scientific Subcommittee

The Chairperson of the Scientific Subcommittee is the person for

the time being holding office as the Chairperson of the

Advisory Committee.

- SECT 162

Terms of office

A member of the Scientific Subcommittee:

(a)

holds office for so long as he or she is a member of



the Advisory Committee; and

(b)


subject to section 163, holds such office on the same

terms and conditions as the terms and conditions on

which he or she holds office as a member of the

Advisory Committee.

- SECT 163

Meetings of the Scientific Subcommittee

Division 3 applies in relation to meetings of the Scientific

Subcommittee as if:

(a)

references in that Division to the Advisory Committee



were references to the Scientific Subcommittee; and

(b)


references in that Division to members of the

Advisory Committee were references to members of the

Scientific Subcommittee; and

(c)


the reference in paragraph 149(3)(b) to 5 members of

the Advisory Committee were a reference to 3 members

of the Scientific Subcommittee; and

(d)


the reference in section 151 to 6 members of the

Advisory Committee were a reference to 3 members of

the Scientific Subcommittee.

Division 5;Miscellaneous


- SECT 164

Assistance for the Committees

(1)

Administrative assistance required for the purposes of the



Advisory Committee or the Scientific Subcommittee is to be

provided by staff members of the ANPWS.

(2)

The ANPWS is to provide such money as is necessary for the



performance of the functions of the Advisory Committee or

the Scientific Subcommittee.



Part 9; Miscellaneous
- SECT 165

Inventories of listed native species etc.

(1)

This section applies to Commonwealth areas that are areas



of land.

(2)


The Director must:

(a)


prepare; or

(b)


cause to be prepared in accordance with procedures

approved by the Director;

inventories that identify, and state the abundance of, the listed

native species and listed ecological communities present in

Commonwealth areas.

(3)


Each inventory is to cover such Commonwealth areas as the

Director determines.

(4)

A Commonwealth area must be covered by an inventory:



(a)

within 10 years after the commencement of this Act;

or

(b)


within 10 years after the area became a Commonwealth

area;


whichever is the later.

(5)


The Director may, at any time:

(a)


vary an inventory; or

(b)


cause an inventory to be varied in accordance with

procedures approved by the Director.

(6)

The Director must cause a copy of an inventory, or a



variation of an inventory, to be given to any Commonwealth

agency that owns, occupies or has any other interest in a

Commonwealth area covered by the inventory.

(7)


A Commonwealth agency that owns, occupies or has any other

interest in a Commonwealth area is to provide all

reasonable assistance in connection with the preparation

under this section of an inventory that is to cover the

area.

- SECT 166



Surveys of marine species etc.

(1)


This section applies to Commonwealth areas that are not

areas of land.

(2)

The Director must:



(a)

prepare; or

(b)

cause to be prepared in accordance with procedures



approved by the Director;

surveys that identify, and state the extent of the range of:

(c)

the marine species that are listed native species;



and

(d)


the marine ecological communities that are listed

ecological communities;

present in Commonwealth areas.

(3)


Each survey is to cover such Commonwealth areas as the

Director determines.

(4)

A Commonwealth area must be covered by a survey:



(a)

within 10 years after the commencement of this Act;

or

(b)


within 10 years after the area became a Commonwealth

area;


whichever is the later.

(5)


The Director may, at any time:

(a)


vary a survey; or

(b)


cause a survey to be varied in accordance with

procedures approved by the Director.

(6)

The Director must cause a copy of a survey, or a variation



of a survey, to be given to any Commonwealth agency that

owns, occupies or has any other interest in a Commonwealth

area covered by the survey.

(7)


A Commonwealth agency that owns, occupies or has any other

interest in a Commonwealth area is to provide all

reasonable assistance in connection with the preparation

under this section of a survey that is to cover the area.

- SECT 167

Obligations under this Act unaffected by lack of inventories or

surveys

Obligations imposed by this Act are not affected, in their

application in relation to Commonwealth areas, by any lack

of inventories or surveys for those areas.

- SECT 168

Review of Operation of Act

(1)

The Minister must cause an independent review of:



(a)

the operation of this Act; and

(b)

the extent to which the objects set out in section 3



have been achieved;

to be undertaken within 5 years after the commencement of this Act and

thereafter at intervals of not longer than 5 years.

(2)


A person who undertakes such a review must give the

Minister a written report of the review.

(3)

The Minister must cause a copy of each report to be Tabeld



in each House of the Parliament within 15 sitting days of

that House after its receipt by the Minister.

(4)

In this section:



independent review means a review undertaken by persons who:

(a)


in the Minister's opinion possess appropriate

qualifications to undertake the review; and

(b)

include one or more persons who are not the Director,



a member of the Advisory Committee or a staff member

of the ANPWS.

- SECT 169

Waiver of obligations imposed by this Act

(1)

If the Governor-General declares, by instrument in



writing, that it is in the national interest that an

obligation imposed by this Act be waived, the obligation

ceases to have effect in the circumstances, and to the

extent, specified in the instrument.

(2)

An instrument is a disallowable instrument for the



purposes of section 46A of the Acts Interpretation Act

1901.


(3)

Despite section 48 of the Acts Interpretation Act 1901

as it applies in relation to such instruments because of

section 46A of that Act, the instrument takes effect on

the first day on which it is no longer liable to be

disallowed, or to be taken to have been disallowed, under

section 48 of that Act as is so applies.

- SECT 170

Effect of failure to meet time limits

(1)


Anything done by the Commonwealth, the Minister or the

Director under this Act is not invalid merely because it

was not done within the period required by this Act.

(2)


In every case where anything required to be done under

this Act was not done within the period required by this

Act, the Minister must:

(a)


cause to be prepared a statement setting out the

reasons why the thing was not done within the period

required by this Act, within 15 days of the end of

the period within which the thing should have been

done; and

(b)


cause a copy of the statement to be laid before each

House of Parliament within 15 sitting days of that

House after its receipt by the Minister.

(3)


Subsection (1) does not reduce or remove an obligation

under this Act to do a thing within a particular period.

- SECT 171

This Act to be subject to international obligations

This Act has effect subject to Australia's obligations under

international law, including obligations under any

agreement between Australia and another country or

countries.

- SECT 172

Compensation

(1)

In this section:



acquisition of property, and just terms, have the same

meanings as in paragraph 51(xxxi) of the Constitution.

(2)

If, apart from this section, the operation of this Act



would result in the acquisition of property from a person

otherwise than on just terms, the Commonwealth is liable

to pay reasonable compensation to the person.

(3)


If the Commonwealth and the person do not agree on the

amount of the compensation, the person may apply to the

Federal Court to determine a reasonable amount of

compensation.

(4)

The Lands Acquisition Act 1989 does not apply to an



acquisition of property that results from the operation of

this Act.

- SECT 173

Raising funds

Without limiting paragraph 17(1)(e) of the National Parks and

Wildlife Conservation Act 1975, the Director's powers

under that paragraph extend to the establishment and

maintenance of an organisation and a fund for the purposes

of promoting and encouraging financial support from the

public for the recovery and conservation of listed native

species and listed ecological communities.

- SECT 174

International assistance

(1)


Subject to subsection (2), the Director may provide

financial assistance to the governments of, and

organisations in, foreign countries for the purpose of

assisting the recovery and conservation, in those

countries, of non-native species included in lists

established under agreements specified in Schedule 4.

(2)

The assistance must be provided in accordance with



directions given by the Minister.

(3)


Before giving a direction, the Minister must:

(a)


have regard to any advice that the Advisory Committee

has given to the Minister on the matter; and

(b)

consult the Minister responsible for overseas



development assistance.

- SECT 175

Giving effect to international agreements

(1)


The Governor-General may make regulations in relation to

giving effect to an agreement specified in Schedule 4 so

far as the agreement relates to the recovery or

conservation of listed native species or listed ecological

communities.

(2)


Regulations made in relation to an agreement that has not

entered into force for Australia are not to come into

operation on a day earlier than the day on which the

agreement enters into force for Australia.

- SECT 176

Regulations

The Governor-General may make regulations prescribing all

matters:


(a)

required or permitted by this Act to be prescribed;

or

(b)


necessary or convenient to be prescribed for carrying

out or giving effect to this Act.


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