Introductory note
1 Name of Act
2 Commencement
3 Objects of Act
4 Definitions
5 Notes in text
5A Relationship between this Act and Part 7A of the Fisheries Management Act 1994
Introductory note
6 Schedule 1 list of endangered species, populations and ecological communities
7 Schedule 2 list of vulnerable species
8 Schedule 3 list of key threatening processes
9 Listing of nationally threatened species and ecological communities
Division 2 Eligibility for listing
10 Species eligible for listing as endangered species
11 Populations eligible for listing as endangered populations
12 Ecological communities eligible for listing as endangered ecological communities
13 Species eligible for listing as species presumed extinct
14 Species eligible for listing as vulnerable species
15 Threatening processes eligible for listing as key threatening processes
Division 3 Procedure for listing
16 Operation of Division
17 Scientific Committee responsible for lists
18 Who may initiate action for listing
19 Making nomination for inclusion on, omission from or amendment of list
19A Referral of nomination to Fisheries Scientific Committee
20 Scientific Committee may request additional information
21 Consideration of nomination by Scientific Committee
22 Scientific Committee’s preliminary determination
23 Scientific Committee’s final determination
24 Publication of final determination
25 Revision of Schedule on publication of final determination
Division 4 Procedure for provisional listing of endangered species on emergency basis
26 Operation of Division
27 Scientific Committee responsible for provisional listing
28 Eligibility for provisional listing
29 Who may initiate action for provisional listing
30 Making nomination for provisional listing
31 Scientific Committee may request additional information
32 Consideration of nomination for provisional listing by Scientific Committee
33 Publication of determination for provisional listing
34 Effect of publication of determination for provisional listing
35 Scientific Committee to review status of provisionally listed species
36 Termination of provisional listing
Division 5 Minor changes to listings
36A Minor amendments to Schedules
36B Publication of determination
36C Revision of Schedule on publication of determination
Part 3 Critical habitat of endangered species, populations and ecological communities
Introductory note
Division 1 Identification and declaration of critical habitat
37 Habitat eligible to be declared to be critical habitat
38 Director-General responsible for identifying critical habitat
39 Director-General to consult with Scientific Committee
40 Preparation of recommendation for identification of critical habitat
41 Publication of recommendation
42 Consideration of submissions by Director-General
43 Director-General to refer recommendation to Minister
44 Consideration of recommendation by Minister
45 Consultation between Ministers
46 Minister may return recommendation to Director-General for amendment
47 Declaration of critical habitat by Minister
48 Publication of declaration of critical habitat
49 Amendment or revocation of declaration of critical habitat
50 Public authorities to have regard to critical habitat
51 Regulations may prohibit certain actions on critical habitat
52 Effect of failure to comply with procedural requirements
Division 2 Maps and register of critical habitat
53 Map of critical habitat to be prepared and published
54 Maps of critical habitat to be served
55 Director-General to keep register of critical habitat
Part 4 Recovery plans for threatened species, populations and ecological communities
Introductory note
Division 1 Preparation of recovery plans
56 Director-General to prepare recovery plans
56A Joint preparation of recovery plans
57 Guidelines for recovery plans
58 Priorities for recovery plans
59 Contents of recovery plans
60 Consultation between chief executive officers
61 Publication of draft recovery plan
62 Consideration of submissions by Director-General
63 Director-General to refer draft recovery plan to Minister
64 Minister may return draft recovery plan to Director-General for amendment
65 Approval of recovery plan by Minister
66 Reasons for departure from draft recovery plan to be stated
66A Advice of Scientific Committee to be included in plan
67 Recovery plans to be published
68 Review of recovery plans
Division 2 Implementation of recovery plans
69 Ministers and public authorities to implement recovery plans
70 Public authorities to report on implementation of recovery plans
71 Notification of proposed departures from recovery plan
72 Consultations with Director-General concerning proposed departures
73 Reference of proposed departures to Ministers and Premier
Part 5 Threat abatement plans to manage key threatening processes
Introductory note
Division 1 Preparation of threat abatement plans
74 Director-General may prepare threat abatement plans
74A Joint preparation of threat abatement plans
75 Guidelines for threat abatement plans
76 Priorities for threat abatement plans
77 Contents of threat abatement plans
78 Consultation between chief executive officers
79 Publication of draft threat abatement plan
80 Consideration of submissions by Director-General
81 Director-General to refer draft threat abatement plan to Minister
82 Minister may return draft threat abatement plan to Director-General for amendment
83 Approval of threat abatement plan by Minister
84 Threat abatement plans to be published
85 Review of threat abatement plans
Division 2 Implementation of threat abatement plans
86 Ministers and public authorities to implement threat abatement plans
87 Public authorities to report on implementation of threat abatement plans
88 Notification of proposed departures from threat abatement plan
89 Consultations with Director-General concerning proposed departures
90 Reference of proposed departures to Ministers and Premier
Introductory note
91 Licence to harm or pick threatened species, populations or ecological communities or damage habitat
92 Application for licence
93 Payment of licence processing fee
94 Significant effect on threatened species, populations or ecological communities, or their habitats
95 Determination by Director-General as to significant effect
96 Publication of licence application
96A Sale of copies of species impact statement
97 Matters that Director-General must take into account
98 Director-General may request additional information
99 Determination of licence application
100 Licence may extend to protected fauna or protected native plants
101 Conditions and restrictions to licence
102 Proposed variation of licence to be publicly notified
103 Notification of licence determination
104 Director-General to keep register of licences
105 Cancellation of licence
106 Appeal by applicant or person commenting on licence application
107 Time for appeal, and deemed approval
108 Stay of operation of licence pending appeal
Division 2 Species impact statements
109 Form of species impact statements
110 Content of species impact statement
111 Director-General’s requirements
112 Regulations
113 Director-General may accredit persons to prepare species impact statements
Division 3 Exceptions to licensing requirements
113A Routine agricultural activities
113B Property management plans
113C Transitional—effect of changes to list of vulnerable species
Part 7 Other conservation measures
Introductory note
114 Director-General may make stop work order
115 Prior notification of making of stop work order not required
116 Appeal to Minister
117 Extension of stop work order
118 Consultation about modification of proposed detrimental action
119 Recommendation for making of interim protection order
120 Stop work order prevails over other instruments
Division 2 Joint management agreements
121 Joint management agreements
122 Role of Scientific Committee
123 Contents of joint management agreements
124 Publication of draft joint management agreement
125 Consideration of submissions by Director-General
126 Amendment of joint management agreement
Division 3 Conservation agreements
126A Conservation agreements
Introductory note
127 Establishment of Scientific Committee
128 Functions of Scientific Committee
129 Members of Scientific Committee
130 Provisions relating to members of Scientific Committee
131 Chairperson and Deputy Chairperson
132 Disclosure of pecuniary interests
133 Procedure of Scientific Committee
134 Transaction of business outside meeting or by telephone or other means
135 Scientific Committee not subject to Ministerial control
136 Service of documents on Scientific Committee
Part 9 Biological Diversity Strategy
136A References to Minister and Director-General
137 Biological Diversity Advisory Council
138 Provisions relating to Advisory Council and members of Advisory Council
139 Functions of Advisory Council
140 The Strategy
141 Procedure for making or amending Strategy
Introductory note
142 Act binds Crown
143 Annual report by Director-General on operation of Act
144 Relationship of Act to National Parks and Wildlife Act 1974
145 Native title rights and interests
146 Decision not to disclose location of critical habitat
146A Decision not to disclose other information
147 Restraint of breaches of Act
148 Form of notices
149 Service of documents
150 Regulations
151 Proceedings for offences
152–154 (Repealed)
155 Repeal of Endangered Fauna (Interim Protection) Act 1991 No 66 and amending Acts
156 Savings, transitional and other provisions
157 Review of Act
Schedule 1 Endangered species, populations and ecological communities
Schedule 2 Vulnerable species and ecological communities
Schedule 3 Key threatening processes