Outline of this Part
This Part establishes, and describes the functions,
Advisory Committee and the Endangered Species Scientific
Committee and sets out its functions.
Division 2 is about the membership of the Advisory
Subcommittee and sets out its functions, membership and
assistance to the Committees.
Division 1;Establishment and functions of the Endangered Species
The Endangered Species Advisory Committee is established.
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The functions of the Advisory Committee are:
to advise the Minister on any measures that the
obligations under this Act; and
to advise the Minister under section 37 on the times
recovery plans and draft threat abatement plans
should be prepared; and
abatement plans given to the Advisory Committee under
paragraph 39(1)(b); and
for by this Act; and
to perform such other functions as are conferred on
Division 2; Membership of the Advisory Committee
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The Advisory Committee consists of such number of members,
Subject to section 151, the performance of a function of
vacancies in the Advisory Committee's membership.
The performance of a function of the Advisory Committee is
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).
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Appointment of members
Members are to be appointed by the Minister.
The Minister must ensure that the membership includes
members who are appointed to represent the following:
Environment and Conservation Council;
conservation organisations that are not authorities
the scientific community concerned with marine
species and that part of the scientific community
concerned with terrestrial species);
the rural community;
the business community;
The Minister must ensure that, as far as practicable, each
one of at least 5 members:
thinks relevant to the performance of the Advisory
Committee's functions; and
and is not appointed to represent any of the other
bodies, groups of bodies or communities referred to
in subsection (2).
The Minister must ensure that a majority of the members
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Subject to subsection (2), the Minister must appoint as
members who possesses scientific qualifications that the
Minister thinks relevant to the performance of the
Advisory Committee's functions.
The Minister must not appoint as the Chairperson a member
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.
ceases to be a member; or
resigns the office of Chairperson by written notice
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Terms of office
as is specified in the instrument of appointment, but
is eligible for re-appointment.
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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.
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Remuneration and allowances
Members are to be paid such remuneration as is determined
that remuneration by the Tribunal is in operation, are to
be paid such remuneration as is prescribed.
Tribunal Act 1973.
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Leave of absence
The Minister may grant leave of absence to the Chairperson
otherwise as the Minister considers appropriate.
The Chairperson may grant leave of absence to another
otherwise as the Chairperson considers appropriate.
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A member may resign by written notice delivered to the Minister.
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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.
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Termination of appointment
The Minister may terminate a member's appointment for
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
obligation imposed by subsection 154(3) or section
section 145 from 3 consecutive meetings of the
Advisory Committee; or
fails, without reasonable excuse, to comply with
provisions apply because of the application of
section 163); or
under section 145 (as that section applies
because of the application of section 163), from
3 consecutive meetings of the Scientific
Minister's opinion, conflicts with the proper
performance of the member's functions; or
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
Division 3; Meetings of the Advisory Committee
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hold such meetings as are necessary for the efficient
performance of its functions.
every 12 months.
may convene a meeting at any time; and
must convene a meeting on receipt of a written
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Presiding at meetings
or she is present.
If the Chairperson is not present, the members present
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At a meeting, a majority of members, or 6 members, whichever is
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Voting at meetings
majority of votes of the members present and voting.
The member presiding has a deliberative vote, and, if
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Conduct of meetings
The Advisory Committee may, subject to this Division, determine
the procedure at meetings.
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Resolutions without meetings
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
days;on the last of those days.
For the purposes of subsection (1), 2 or more separate
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.
would, for the purposes of section 156, be taken to have
an interest, the member:
favour of the resolution; and
must disclose the nature of the interest to the
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.
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Records relating to meetings
The Advisory Committee must keep minutes of its meetings and
records of resolutions passed in accordance with section
Disclosure of interests
A member who has a direct or indirect pecuniary interest
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.
The disclosure is to be recorded in the minutes of the
Committee or the Minister otherwise determines:
be present during any deliberation of the Advisory
with respect to the matter.
For the purposes of the Advisory Committee making such a
pecuniary interest in the matter to which the disclosure
relates must not:
Committee for the purposes of making the
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Persons may be invited to attend meetings
The Advisory Committee may invite a person to attend a meeting:
as an observer; or
to advise or inform the Advisory Committee on any
Division 4;The Endangered Species Scientific Subcommittee
The Endangered Species Scientific Subcommittee is established.
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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
to advise the Minister of criteria that should be
to advise the Minister of additional criteria that
should be specified in the definition of ecological
community in subsection 4(1).
In advising the Minister under paragraph (1)(a), the
of species adopted by the body known as the Australian and
New Zealand Environment and Conservation Council.
Scientific Subcommittee must consider any listing criteria
used by the body known as the Australian and New Zealand
Environment and Conservation Council.
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The Scientific Subcommittee consists of such members of
The performance of a function of the Scientific
being fewer than 5.
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Chairperson of Scientific Subcommittee
The Chairperson of the Scientific Subcommittee is the person for
the time being holding office as the Chairperson of the
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Terms of office
A member of the Scientific Subcommittee:
holds office for so long as he or she is a member of
terms and conditions as the terms and conditions on
which he or she holds office as a member of the
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Meetings of the Scientific Subcommittee
Division 3 applies in relation to meetings of the Scientific
Subcommittee as if:
references in that Division to the Advisory Committee
Advisory Committee were references to members of the
Scientific Subcommittee; and
the Advisory Committee were a reference to 3 members
of the Scientific Subcommittee; and
Advisory Committee were a reference to 3 members of
the Scientific Subcommittee.
Assistance for the Committees
Administrative assistance required for the purposes of the
provided by staff members of the ANPWS.
The ANPWS is to provide such money as is necessary for the
the Scientific Subcommittee.
Inventories of listed native species etc.
This section applies to Commonwealth areas that are areas
approved by the Director;
inventories that identify, and state the abundance of, the listed
native species and listed ecological communities present in
A Commonwealth area must be covered by an inventory:
within 10 years after the commencement of this Act;
procedures approved by the Director.
The Director must cause a copy of an inventory, or a
agency that owns, occupies or has any other interest in a
Commonwealth area covered by the inventory.
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
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areas of land.
The Director must:
cause to be prepared in accordance with procedures
surveys that identify, and state the extent of the range of:
the marine species that are listed native species;
present in Commonwealth areas.
A Commonwealth area must be covered by a survey:
The Director must cause a copy of a survey, or a variation
owns, occupies or has any other interest in a Commonwealth
area covered by the survey.
under this section of a survey that is to cover the area.
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Obligations under this Act unaffected by lack of inventories or
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.
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Review of Operation of Act
The Minister must cause an independent review of:
the operation of this Act; and
the extent to which the objects set out in section 3
to be undertaken within 5 years after the commencement of this Act and
thereafter at intervals of not longer than 5 years.
Minister a written report of the review.
The Minister must cause a copy of each report to be Tabeld
that House after its receipt by the Minister.
In this section:
qualifications to undertake the review; and
include one or more persons who are not the Director,
of the ANPWS.
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Waiver of obligations imposed by this Act
If the Governor-General declares, by instrument in
obligation imposed by this Act be waived, the obligation
ceases to have effect in the circumstances, and to the
extent, specified in the instrument.
An instrument is a disallowable instrument for the
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.
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Effect of failure to meet time limits
Director under this Act is not invalid merely because it
was not done within the period required by this Act.
this Act was not done within the period required by this
Act, the Minister must:
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
House of Parliament within 15 sitting days of that
House after its receipt by the Minister.
under this Act to do a thing within a particular period.
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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
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meanings as in paragraph 51(xxxi) of the Constitution.
If, apart from this section, the operation of this Act
otherwise than on just terms, the Commonwealth is liable
to pay reasonable compensation to the person.
amount of the compensation, the person may apply to the
Federal Court to determine a reasonable amount of
The Lands Acquisition Act 1989 does not apply to an
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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.
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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.
The assistance must be provided in accordance with
has given to the Minister on the matter; and
consult the Minister responsible for overseas
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Giving effect to international agreements
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
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.
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The Governor-General may make regulations prescribing all
required or permitted by this Act to be prescribed;
out or giving effect to this Act.