Contents
(1995 - 101)
- Threatened Species Conservation Act 1995 No 101
- Status information
- Long title
- Part 1 Preliminary
-
Part 2 Listing of threatened species, populations and
ecological communities and key threatening processes
- Introductory note
- Division 1 Lists of threatened species, populations and ecological communities and key threatening processes
- Division 2 Eligibility for listing
-
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
- 23A Minister’s response to proposed final determination
- 24 Publication of final determination
- 25 Revision of Schedule on publication of final determination
- 25A Lists to be kept under review
-
Division 4 Procedure for provisional listing of endangered or
critically 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
-
Part 3 Critical habitat of endangered species, populations
and ecological communities and critically endangered species and ecological
communities
- Introductory note
-
Division 1 Identification and declaration of critical
habitat
- 37 Habitat eligible to be declared to be critical habitat
- 38 Chief Executive responsible for identifying critical habitat
- 39 Chief Executive to consult with Scientific Committee
- 40 Preparation of recommendation for identification of critical habitat
- 41 Publication of recommendation
- 42 Consideration of submissions by Chief Executive
- 43 Chief Executive to refer recommendation to Minister
- 44 Consideration of recommendation by Minister
- 45 Consultation between Ministers
- 46 Minister may return recommendation to Chief Executive 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
-
Part 4 Recovery plans for threatened species, populations and
ecological communities
- Introductory note
-
Division 1 Preparation of recovery plans
- 56 Chief Executive 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 Chief Executive
- 63 Chief Executive to refer draft recovery plan to Minister
- 64 Minister may return draft recovery plan to Chief Executive 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 Chief Executive 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 Chief Executive 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 Chief Executive
- 81 Chief Executive to refer draft threat abatement plan to Minister
- 82 Minister may return draft threat abatement plan to Chief Executive 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 Chief Executive concerning proposed departures
- 90 Reference of proposed departures to Ministers and Premier
- Part 5A Threatened Species Priorities Action Statement
-
Part 6 Licensing
- Introductory note
-
Division 1 Grant of licences
- 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
- 94A Assessment guidelines
- 95 Determination by Chief Executive as to significant effect
- 96 Publication of licence application
- 96A Sale of copies of species impact statement
- 97 Matters that Chief Executive must take into account
- 98 Chief Executive 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 Chief Executive 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
- Division 3 Exceptions to licensing requirements
- Division 4 Miscellaneous
-
Part 7 Other conservation measures
- Introductory note
-
Division 1 Stop work orders
- 114 Chief Executive 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
- Division 3 Conservation agreements
- Division 4 Biodiversity certification of native vegetation reform package
- Division 5
-
Part 7AA Biodiversity certification
- Division 1 Preliminary
- Division 2 Biodiversity certification
- Division 3 Application for biodiversity certification
- Division 4 Assessment of application for biodiversity certification
- Division 5 Biodiversity certification assessment methodology
- Division 6 Conferral, extension and review of biodiversity certification
- Division 7 Enforcement of approved measures
-
Division 8 Biodiversity certification agreements
- 126ZH Biodiversity certification agreements
- 126ZI Duration of agreements
- 126ZJ Registered agreements run with land
- 126ZK Enforcement of agreements
- 126ZL Minister may order party to rectify contravention of agreement
- 126ZM Court cannot extinguish obligations
- 126ZN Regulations—biodiversity certification agreements
- Division 9 Suspension, revocation and modification of certification
-
Division 10 General
- 126ZU Notification of certification and changes to certification
- 126ZV Suspension, revocation or expiry of biodiversity certification does not affect obligations under certification
- 126ZW Effect of changes to biodiversity certification on development and other activities
- 126ZX Intra-government dispute resolution arrangements
- 126ZY Powers of authorised officers
- 126ZZ Effect of failure to comply with procedural requirements
- 126ZZA Part 5 of Planning Act does not apply to biodiversity certification process
- 126ZZB Extent of biodiversity certification
- 126ZZC Regulations
-
Part 7A Biodiversity banking
- Introductory note
- Division 1 Preliminary
-
Division 2 Biobanking agreements
- 127D Biobanking agreements
- 127E Content of biobanking agreements
- 127F General provisions relating to biobanking agreements
- 127G Duration of agreements
- 127H Variation of agreements
- 127I Registration of agreements
- 127J Agreements to run with land
- 127K Management actions under biobanking agreement exempt from Planning Act
- 127L Enforcement of agreements
- 127M Powers of authorised officers
- 127N Minister may order owner to rectify breach of biobanking agreement
- 127O Transfer of land to Minister
- 127P Application of Planning Act
- 127Q Proposals by public authorities affecting biobank sites
- 127R Resolution of certain disputes
- 127S Prospecting and mining on biobank sites
- 127T General provisions relating to variation or termination of agreements without consent of owner
- 127U Activities authorised by mining authorities and petroleum titles not affected by biobanking agreement
- Division 3 Creation of biodiversity credits
- Division 4 Trading in biodiversity credits
-
Division 5 Cancellation, suspension and retirement of
biodiversity credits
- 127ZD Grounds for cancellation of biodiversity credit
- 127ZE General provisions relating to cancellation of biodiversity credits
- 127ZF Suspension of biodiversity credit
- 127ZG Application for retirement of biodiversity credits
- 127ZH General provisions relating to retirement of biodiversity credits
- 127ZI Order requiring biobank site owner to retire biodiversity credits
-
Division 6 Biobanking statements
- 127ZJ Development for which biobanking is available
- 127ZK Application for biobanking statement in respect of development
- 127ZL Circumstances in which biobanking statement may be issued
- 127ZM Concurrence of Secretary of the Department of Planning and Environment required in certain cases
- 127ZN Form and conditions of biobanking statement
- 127ZO Effect of issue of biobanking statement—development requiring development consent
- 127ZP Effect of issue of biobanking statement—activities under Part 5 of Planning Act
- 127ZQ Modification, revocation and lapsing of biobanking statement
- 127ZR Minister may require retirement of credits
- 127ZS Chief Executive may verify retirement of biodiversity credits
- Division 7 Arrangements for deferral of retirement of biodiversity credits
- Division 8 Financial matters
- Division 9 Registers
-
Division 10 Miscellaneous
- 127ZZG Appeals
- 127ZZH Special arrangements for creation of national parks and other reservations
- 127ZZI Conservation brokers
- 127ZZJ Participation of Minister
- 127ZZK Exemption from liability
- 127ZZL Regulations
- 127ZZM Regulations not subject to staged repeal
- 127ZZN Review of operation of biobanking scheme
-
Part 8 Scientific Committee
- Introductory note
- 128 Establishment of Scientific Committee
- 128A 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
- 135A Exclusion of personal liability
- 136 Service of documents on Scientific Committee
- Part 9 Biological Diversity Strategy
- Part 9A Advisory Councils
-
Part 9B Criminal and other proceedings
- Division 1 Proceedings for offences generally
- Division 2 Restraining orders
-
Division 3 Court orders in connection with
offences
- 141G Operation of Division
- 141H Orders generally
- 141I Orders for restoration and prevention
- 141J Orders for costs, expenses and compensation at time offence proved
- 141K Recovery of costs, expenses and compensation after offence proved
- 141L Orders regarding costs and expenses of investigation
- 141M Orders regarding monetary benefits
- 141N Additional orders
- 141O Offence
-
Part 10 Miscellaneous
- Introductory note
- 142 Act binds Crown
- 142A Delegation
- 142B Chief Executive may accredit persons to prepare assessments and surveys
- 143 Annual report by Chief Executive 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 (Renumbered as sec 141F)
- 148 Form of notices
- 149 Service of documents
- 150 Regulations
- 151 (Renumbered as sec 141E)
- 152 Liability of directors etc for offences by corporation—offences attracting executive liability
- 152A Liability of directors etc for offences by corporation—accessory to the commission of the offences
- 152B Evidence as to state of mind of corporation
- 153 Time within which proceedings may be commenced
- 154 Ancillary offences
- 154A Evidentiary provisions etc
- 154B Onus of proof of reasonable excuse or lawful excuse
- 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 1A Critically endangered species and ecological communities
- Schedule 2 Vulnerable species and ecological communities
- Schedule 3 Key threatening processes
- Schedules 4–6 (Repealed)
- Schedule 7 Savings, transitional and other provisions
- Historical notes
Threatened Species Conservation Act 1995 No 101
Repealed
version for 18 August 2017 to 24 August 2017 (accessed 20 October 2017 at 00:02)
Part 3 Division 2 Section 54
54 Maps of critical habitat to be served
The Chief Executive must serve a copy of a map of critical habitat on the following:(a) the Secretary of the Department of Industry, Skills and Regional Development,(b) the Secretary of the Department of Planning and Environment,(c) each council within whose area the whole or part of the critical habitat is located,(d) landholders of land on which critical habitat is located (including public authorities who are landholders),(e) holders of leases and other interests granted by the Crown,(f) other public authorities known by the Chief Executive to exercise relevant functions in relation to the land.