Commonwealth: Environment and Heritage Legislation Amendment Act (No. 1) 2006 (Cth)

Environment and Heritage Legislation Amendment Act (No. 1) 2006 Act No. 165 of 2006 as amended This compilation was prepared on 18 July 2008 [This Act was amended by Act No. 73 of 2008] Amendments from Act No. 73 of 2008 [Schedule 2 (item 14) amended note to item 453 of Schedule 1 Schedule 2 (item 15) amended item 18 of Schedule 2 Schedule 2 (item 14) commenced immediately after 19 February 2007 Schedule 2 (item 15) commenced immediately after 12 December 2006] Prepared by the Office of Legislative Drafting and Publishing, Attorney‑General's Department, Canberra Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendment of Acts Part 1—Amendment of the Environment Protection and Biodiversity Conservation Act 1999 Part 2—Amendment of other Acts Australian Heritage Council Act 2003 Environment and Heritage Legislation Amendment Act (No. 1) 2003 Environment Protection (Alligator Rivers Region) Act 1978 Environment Protection (Northern Territory Supreme Court) Act 1978 Environment Protection (Sea Dumping) Act 1981 Migration Act 1958 Schedule 2—Application, saving and transitional provisions Part 1—Preliminary Part 2—Provisions relating to assessments and approvals Division 1—Main provisions Division 2—Other provisions Part 3—Provisions relating to recovery plans and conservation advice Part 4—Provisions relating to fisheries Part 5—Other provisions relating to protected species Part 6—Provisions related to wildlife trade Part 7—Provisions related to listing processes Part 8—Provisions relating to Commonwealth reserves Part 9—Provisions relating to compliance and enforcement Part 10—Other provisions An Act to amend the Environment Protection and Biodiversity Conservation Act 1999, and for other purposes [Assented to 12 December 2006] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Environment and Heritage Legislation Amendment Act (No. 1) 2006. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 12 December 2006 2. Schedule 1, items 1 to 606 A day or days to be fixed by Proclamation. items 1–604, 606: 19 February 2007 (see F2007L0411) However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. item 605: 1 January 2007 (see F2006L04046) 3. Schedule 1, item 607 At the end of the period of 5 years beginning on the day on which item 550 of Schedule 1 commences. 19 February 2012 4. Schedule 1, items 608 to 780 A day or days to be fixed by Proclamation. items 608–762, 764–780: 19 February 2007 (see F2007L0411) However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. item 763: 15 January 2007 (see F2007L00129) 5. Schedule 1, item 781 Immediately after the Heritage of Western Australia Act 1990 of Western Australia starts to apply in the Territory of Christmas Island. 1 July 2022 The Minister must announce by notice in the Gazette the day on which the Heritage of Western Australia Act 1990 of Western Australia starts to apply in the Territory of Christmas Island. The notice is not a legislative instrument. 6. Schedule 1, item 782 Immediately after the Heritage of Western Australia Act 1990 of Western Australia starts to apply in the Territory of Cocos (Keeling) Islands. The Minister must announce by notice in the Gazette the day on which the Heritage of Western Australia Act 1990 of Western Australia starts to apply in the Territory of Cocos (Keeling) Islands. The notice is not a legislative instrument. 7. Schedule 1, items 783 to 807 A day or days to be fixed by Proclamation. 19 February 2007 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. (see F2007L0411) 8. Schedule 1, item 808 At the end of the period of 5 years beginning on the day on which item 550 of Schedule 1 commences. 19 February 2012 9. Schedule 1, items 809 to 835 A day or days to be fixed by Proclamation. 19 February 2007 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. (see F2007L0411) 10. Schedule 1 item 836 At the end of the period of 5 years beginning on the day on which item 550 of Schedule 1 commences. 19 February 2012 11. Schedule 1, item 837 A day to be fixed by Proclamation. 1 January 2007 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. (see F2006L04046) 12. Schedule 1 item 838 At the end of the period of 5 years beginning on the day on which item 550 of Schedule 1 commences. 19 February 2012 13. Schedule 1, items 839 and 840 A day or days to be fixed by Proclamation. item 839: 1 January 2007 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. (see F2006L04046) item 840: 19 February 2007 (see F2007L0411) 14. Schedule 1, items 841 to 845 At the end of the period of 5 years beginning on the day on which item 550 of Schedule 1 commences. 19 February 2012 15. Schedule 1, items 846 to 869 A day or days to be fixed by Proclamation. items 846–851, 854–869: 19 February 2007 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. (see F2007L0411) items 852, 853: 1 January 2007 (see F2006L04046) 16. Schedule 2 The day on which this Act receives the Royal Assent. 12 December 2006 Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendment of Acts Part 1—Amendment of the Environment Protection and Biodiversity Conservation Act 1999 1 After section 5 Insert: 6 Extended application of Act to match extended management of fisheries under the Fisheries Management Act 1991 (1) This section applies if: (a) under the Fisheries Management Act 1991, a plan of management in force under that Act applies to particular fishing activities in a particular area of water; and (b) the area of water is not within, or is not wholly within: (i) the Australian jurisdiction; or (ii) a Commonwealth area; or (iii) a Commonwealth marine area; and (c) the area of water is not: (i) an area of water, rights in respect of which have been vested in a State by section 4 of the Coastal Waters (State Title) Act 1980 or in the Northern Territory by section 4 of the Coastal Waters (Northern Territory Title) Act 1980; or (ii) an area of water within the limits of a State or the Northern Territory. (2) If, apart from this subsection, a provision of this Act would, or would not, apply in relation to the fishing activities (or in relation to fish or other things taken in the course of the activities) because the area of water mentioned in subsection (1) is not within, or is not wholly within: (a) the Australian jurisdiction; or (b) a Commonwealth area; or (c) a Commonwealth marine area; that provision has effect in relation to the fishing activities (and in relation to fish or other things taken in the course of the activities) as if the area of water were wholly within: (d) the Australian jurisdiction; or (e) a Commonwealth area; or (f) a Commonwealth marine area; as the case requires. Note: This section is subject to subsection 5(3). Example 1: Fishing activities in an area of water that is not a Commonwealth area generally do not contravene Part 13. However, because of this subsection, that Part applies to fishing activities to which this section applies as if the area of water were within a Commonwealth area. The fishing activities may therefore contravene that Part. Example 2: If fish taken in the course of fishing activities in an area of water that is not within the Australian jurisdiction are brought into Australia, this generally constitutes an import (being an import by way of introduction from the sea) of the fish into Australia, which may contravene Part 13A. However, because of this subsection, that Part applies to the fish as if the area of water were within the Australian jurisdiction. The bringing of the fish into Australia therefore does not constitute an import for the purposes of that Part. Example 3: This section allows a plan of management to be accredited under Part 13 in respect of the entire area of water to which the plan relates (even if some of the area is outside the Australian jurisdiction, a Commonwealth area or a Commonwealth marine area). (3) In this section: fishing has the same meaning as in the Fisheries Management Act 1991. 2 Section 7 After "Criminal Code", insert "(except Part 2.5)". 3 At the end of section 7 Add: Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: Part 2.5 of the Criminal Code (which deals with corporate criminal responsibility) is excluded from applying to offences against this Act by subsection 498B(9). 4 Paragraph 15A(1)(b) Repeal the paragraph, substitute: (b) the action results or will result in a significant impact on the world heritage values of a property; and (c) the property is a declared World Heritage property. 5 After subsection 15A(1) Insert: (1A) Strict liability applies to paragraph (1)(c). Note: For strict liability, see section 6.1 of the Criminal Code. 6 Paragraph 15A(2)(b) Repeal the paragraph, substitute: (b) the action is likely to have a significant impact on the world heritage values of a property; and (c) the property is a declared World Heritage property. 7 After subsection 15A(2) Insert: (2A) Strict liability applies to paragraph (2)(c). Note: For strict liability, see section 6.1 of the Criminal Code. 8 At the end of subsection 15A(3) Add: Note 3: If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C. 9 Subsection 15B(7) Repeal the subsection. 10 Subsection 15B(8) Omit "and (7)". 11 Paragraph 15C(1)(b) Repeal the paragraph, substitute: (b) the action results or will result in a significant impact on the heritage values of a place; and (c) the heritage values are National Heritage values of the place; and (d) the place is a National Heritage place. 12 After subsection 15C(1) Insert: (1A) Strict liability applies to paragraphs (1)(c) and (d). Note: For strict liability, see section 6.1 of the Criminal Code. 13 Paragraphs 15C(2)(b) and (c) Repeal the paragraphs, substitute: (b) the action is likely to have a significant impact on the heritage values of a place; and (c) the heritage values are National Heritage values of the place; and (d) the place is a National Heritage place. 14 After subsection 15C(2) Insert: (2A) Strict liability applies to paragraphs (2)(c) and (d). Note: For strict liability, see section 6.1 of the Criminal Code. 15 Paragraph 15C(3)(c) Repeal the paragraph, substitute: (c) the action results or will result in a significant impact on the heritage values of a place; and (d) the heritage values are National Heritage values of the place; and (e) the place is a National Heritage place. 16 After subsection 15C(3) Insert: (3A) Strict liability applies to paragraphs (3)(d) and (e). Note: For strict liability, see section 6.1 of the Criminal Code. 17 Paragraphs 15C(4)(c) and (d) Repeal the paragraphs, substitute: (c) the action is likely to have a significant impact on the heritage values of a place; and (d) the heritage values are National Heritage values of the place; and (e) the place is a National Heritage place. 18 After subsection 15C(4) Insert: (4A) Strict liability applies to paragraphs (4)(d) and (e). Note: For strict liability, see section 6.1 of the Criminal Code. 19 Paragraph 15C(5)(c) Repeal the paragraph, substitute: (c) the action results or will result in a significant impact on the heritage values of a place; and (d) the heritage values are National Heritage values of the place; and (e) the place is a National Heritage place. 20 After subsection 15C(5) Insert: (5A) Strict liability applies to paragraphs (5)(d) and (e). Note: For strict liability, see section 6.1 of the Criminal Code. 21 Paragraphs 15C(6)(c) and (d) Repeal the paragraphs, substitute: (c) the action is likely to have a significant impact on the heritage values of a place; and (d) the heritage values are National Heritage values of the place; and (e) the place is a National Heritage place. 22 After subsection 15C(6) Insert: (6A) Strict liability applies to paragraphs (6)(d) and (e). Note: For strict liability, see section 6.1 of the Criminal Code. 23 Paragraph 15C(7)(b) Repeal the paragraph, substitute: (b) the action results or will result in a significant impact on the heritage values, to the extent that they are indigenous heritage values, of a place; and (c) the heritage values are National Heritage values of the place; and (d) the place is a National Heritage place. 24 After subsection 15C(7) Insert: (7A) Strict liability applies to paragraphs (7)(c) and (d). Note: For strict liability, see section 6.1 of the Criminal Code. 25 Paragraphs 15C(8)(b) and (c) Repeal the paragraphs, substitute: (b) the action is likely to have a significant impact on the heritage values, to the extent that they are indigenous heritage values, of a place; and (c) the heritage values are National Heritage values of the place; and (d) the place is a National Heritage place. 26 After subsection 15C(8) Insert: (8A) Strict liability applies to paragraphs (8)(c) and (d). Note: For strict liability, see section 6.1 of the Criminal Code. 27 Paragraph 15C(9)(b) Repeal the paragraph, substitute: (b) the action results or will result in a significant impact on the heritage values of a place; and (ba) the heritage values are National Heritage values of the place; and (bb) the place is a National Heritage place; and 28 After subsection 15C(9) Insert: (9A) Strict liability applies to paragraphs (9)(ba), (bb) and (c). Note: For strict liability, see section 6.1 of the Criminal Code. 29 Paragraph 15C(10)(b) Repeal the paragraph, substitute: (b) the action is likely to have a significant impact on the heritage values of a place; and (ba) the heritage values are National Heritage values of the place; and (bb) the place is a National Heritage place; and 30 Paragraph 15C(10)(c) Omit "Convention; and", substitute "Convention.". 31 Paragraph 15C(10)(d) Repeal the paragraph. 32 After subsection 15C(10) Insert: (10A) Strict liability applies to paragraphs (10)(ba), (bb) and (c). Note: For strict liability, see section 6.1 of the Criminal Code. 33 Subsections 15C(11) and (12) Repeal the subsections. 34 Subsection 15C(13) Omit "(12)", substitute "(10)". 35 At the end of subsection 15C(13) Add: Note 3: If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C. 36 Subsection 15C(15) Repeal the subsection. 37 Subsection 15C(16) Omit "(12)", substitute "(10)". 38 Paragraph 17B(1)(b) Repeal the paragraph, substitute: (b) the action results or will result in a significant impact on the ecological character of a wetland; and (c) the wetland is a declared Ramsar wetland. 39 After subsection 17B(1) Insert: (1A) Strict liability applies to paragraph (1)(c). Note: For strict liability, see section 6.1 of the Criminal Code. 40 Paragraph 17B(2)(b) Repeal the paragraph, substitute: (b) the action is likely to have a significant impact on the ecological character of a wetland; and (c) the wetland is a declared Ramsar wetland. 41 After subsection 17B(2) Insert: (2A) Strict liability applies to paragraph (2)(c). Note: For strict liability, see section 6.1 of the Criminal Code. 42 At the end of subsection 17B(3) Add: Note 3: If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C. 43 Paragraph 18A(1)(b) Repeal the paragraph, substitute: (b) the action results or will result in a significant impact on: (i) a species; or (ii) an ecological community; and (c) the species is a listed threatened species, or the community is a listed threatened ecological community. 44 After subsection 18A(1) Insert: (1A) Strict liability applies to paragraph (1)(c). Note: For strict liability, see section 6.1 of the Criminal Code. 45 Paragraph 18A(2)(b) Repeal the paragraph, substitute: (b) the action is likely to have a significant impact on: (i) a species; or (ii) an ecological community; and (c) the species is a listed threatened species, or the community is a listed threatened ecological community. 46 After subsection 18A(2) Insert: (2A) Strict liability applies to paragraph (2)(c). Note: For strict liability, see section 6.1 of the Criminal Code. 47 At the end of subsection 18A(3) Add: Note 3: If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C. 48 At the end of section 19 Add: (4) A subsection of section 18 or 18A does not apply to an action, to the extent that it is covered by subsection 517A(7). 49 Paragraph 20A(1)(b) Repeal the paragraph, substitute: (b) the action results or will result in a significant impact on a species; and (c) the species is a listed migratory species. 50 After subsection 20A(1) Insert: (1A) Strict liability applies to paragraph (1)(c). Note: For strict liability , see section 6.1 of the Criminal Code. 51 Paragraph 20A(2)(b) Repeal the paragraph, substitute: (b) the action is likely to have a significant impact on a species; and (c) the species is a listed migratory species. 52 After subsection 20A(2) Insert: (2A) Strict liability applies to paragraph (2)(c). Note: For strict liability , see section 6.1 of the Criminal Code. 53 At the end of subsection 20A(3) Add: Note 3: If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C. 54 At the end of Subdivision D of Division 1 of Part 3 Add: 20B Certain actions relating to listed migratory species not prohibited A subsection of section 20 or 20A does not apply to an action, to the extent that it is covered by subsection 517A(7). 55 At the end of subsection 22A(7) Add: Note 3: If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C. 56 At the end of section 24 Add: ; (g) any other area of sea or seabed that is included in a Commonwealth reserve. 57 After subsection 24A(1) Insert: (1A) Strict liability applies to paragraph (1)(b). Note: For strict liability, see section 6.1 of the Criminal Code. 58 Paragraph 24A(2)(c) Omit "and the person is reckless as to that fact". 59 After subsection 24A(2) Insert: (2A) Strict liability applies to paragraph (2)(b). Note: For strict liability, see section 6.1 of the Criminal Code. 60 Paragraph 24A(3)(c) Repeal the paragraph, substitute: (c) the action results or will result in a significant impact on the environment in an area; and (d) the area is a Commonwealth marine area. 61 After subsection 24A(3) Insert: (3A) Strict liability applies to paragraphs (3)(b) and (d). Note: For strict liability, see section 6.1 of the Criminal Code. 62 Paragraph 24A(4)(c) Repeal the paragraph, substitute: (c) the action is likely to have a significant impact on the environment in an area; and (d) the area is a Commonwealth marine area. 63 After subsection 24A(4) Insert: (4A) Strict liability applies to paragraphs (4)(b) and (d). Note: For strict liability, see section 6.1 of the Criminal Code. 64 After subsection 24A(5) Insert: (5A) Strict liability applies to paragraph (5)(b). Note: For strict liability, see section 6.1 of the Criminal Code. 65 Paragraph 24A(6)(c) Omit "and the person is reckless as to that fact". 66 After subsection 24A(6) Insert: (6A) Strict liability applies to paragraph (6)(b). Note: For strict liability, see section 6.1 of the Criminal Code. 67 At the end of subsection 24A(7) Add: Note 3: If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C. 68 After Subdivision H of Division 1 of Part 3 Insert: Subdivision HA—Limitation on liability for actions of third parties 25AA Limitation on liability for actions of third parties (1) A provision mentioned in subsection (2) or (3) does not apply to an action (the primary action) if: (a) a person (the primary person) takes the action; and (b) as a consequence of the primary action, another person (the secondary person) takes another action (the secondary action); and (c) the secondary action is not taken at the direction or request of the primary person; and (d) the significant impact referred to in the provision is a consequence of the secondary action. Defence to offences (2) For the purposes of subsection (1), the following provisions do not apply to the primary action: (a) subsections 15A(1) and (2); (b) subsections 15C(1) to (10); (c) subsections 17B(1) and (2); (d) subsections 18A(1) and (2); (e) subsections 20A(1) and (2); (f) subsections 22A(1) to (6); (g) subsections 24A(1) to (6). Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code. Exception to civil penalties (3) For the purposes of subsection (1), the following provisions do not apply to the primary action: (a) subsection 12(1); (b) subsections 15B(1) to (5) and (7); (c) subsection 16(1); (d) subsections 18(1) to (6); (e) subsection 20(1); (f) subsections 21(1) to (3); (g) subsections 23(1) to (3); (h) subsection 25(1). 69 Subsection 25B(3) After "475", insert ", 480A, 480K". 70 Subsection 25D(1) After "475", insert ", 480A, 480K". 71 After subsection 27A(1) Insert: (1A) Strict liability applies to paragraph (1)(b). Note: For strict liability, see section 6.1 of the Criminal Code. 72 Paragraph 27A(2)(c) Omit "and the person is reckless as to that fact". 73 After subsection 27A(2) Insert: (2A) Strict liability applies to paragraph (2)(b). Note: For strict liability, see section 6.1 of the Criminal Code. 74 Paragraph 27A(3)(c) Repeal the paragraph, substitute: (c) the action results or will result in a significant impact on the environment in an area; and (d) the area is Commonwealth land. 75 After subsection 27A(3) Insert: (3A) Strict liability applies to paragraphs (3)(b) and (d). Note: For strict liability, see section 6.1 of the Criminal Code. 76 Paragraph 27A(4)(c) Repeal the paragraph, substitute: (c) the action is likely to have a significant impact on the environment in an area; and (d) the area is Commonwealth land. 77 After subsection 27A(4) Insert: (4A) Strict liability applies to paragraphs (4)(b) and (d). Note: For strict liability, see section 6.1 of the Criminal Code. 78 At the end of subsection 27A(5) Add: Note 3: If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C. 79 Paragraph 27C(1)(c) Repeal the paragraph, substitute: (c) the action results or will result in a significant impact on the environment in a place; and (ca) the place is a Commonwealth Heritage place; and 80 After subsection 27C(1) Insert: (1A) Strict liability applies to paragraph (1)(ca). Note: For strict liability, see section 6.1 of the Criminal Code. 81 Paragraphs 27C(2)(c) and (d) Repeal the paragraphs, substitute: (c) the action is likely to have a significant impact on the environment in a place; and (d) the place is a Commonwealth Heritage place; and 82 After subsection 27C(2) Insert: (2A) Strict liability applies to paragraph (2)(d). Note: For strict liability, see section 6.1 of the Criminal Code. 83 Subsection 28(5) Repeal the subsection, substitute: (5) The Minister may make a declaration under subsection (4) relating to a Commonwealth agency's actions only if he or she is satisfied that: (a) in taking the actions to which the declaration relates, the agency must comply with the law of a State or Territory (including a law of a State that is applied to a Commonwealth place by virtue of the Commonwealth Places (Application of Laws) Act 1970), that has either or both of the following objects (whether express or implied): (i) to protect the environment; (ii) to promote the conservation and ecologically sustainable use of natural resources; and (b) the impacts that the actions have, will have or are likely to have on the environment, are adequately addressed under the State or Territory law. 84 At the end of Division 2 of Part 3 Add: Subdivision D—Limitation on liability for actions of third parties 28AB Limitation on liability for actions of third parties (1) A provision mentioned in subsection (2) or (3) does not apply to an action (the primary action) if: (a) a person (the primary person) takes the action; and (b) as a consequence of the primary action, another person (the secondary person) takes another action (the secondary action); and (c) the secondary action is not taken at the direction or request of the primary person; and (d) the significant impact referred to in the provision is a consequence of the secondary action. Defence to offences (2) For the purposes of subsection (1), the following provisions do not apply to the primary action: (a) subsections 27A(1) to (4); (b) subsections 27C(1) and (2). Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code. Exception to civil penalties (3) For the purposes of subsection (1), the following provisions do not apply to the primary action: (a) subsections 26(1) and (2); (b) subsection 27B(1); (c) subsection 28(1). 85 Division 3 of Part 3 Repeal the Division. 86 Paragraph 29(1)(b) Omit "management plan that is a bilaterally accredited management plan", substitute "management arrangement or authorisation process that is a bilaterally accredited management arrangement or a bilaterally accredited authorisation process". 87 Paragraph 29(1)(d) Repeal the paragraph, substitute: (d) either of the following applies: (i) in the case of a bilaterally accredited management arrangement—the management arrangement is in force under a law of the State or Territory identified in or under the bilateral agreement; (ii) in the case of a bilaterally accredited authorisation process—the authorisation process is set out in a law of the State or Territory, and the law and the authorisation process are identified in or under the bilateral agreement; and 88 Paragraph 29(1)(e) Omit "management plan", substitute "management arrangement or bilaterally accredited authorisation process". 89 Paragraph 31(c) Omit "management plan", substitute "management arrangement or a bilaterally accredited authorisation process". 90 Paragraph 31(f) Repeal the paragraph, substitute: (f) either of the following applies: (i) in the case of a bilaterally accredited management arrangement—the management arrangement is in force under a law of the State or self‑governing Territory identified in or under the bilateral agreement; (ii) in the case of a bilaterally accredited authorisation process—the authorisation process is set out in a law of the State or self‑governing Territory, and the law and the authorisation process are identified in or under the bilateral agreement; and 91 Paragraph 31(g) Omit "management plan", substitute "management arrangement or bilaterally accredited authorisation process". 92 Division 2 of Part 4 (heading) Repeal the heading, substitute: Division 2—Actions covered by Ministerial declarations and accredited management arrangements or accredited authorisation processes 93 Paragraph 32(a) Omit "management plan", substitute "management arrangement or an accredited authorisation process". 94 Paragraph 32(c) Repeal the paragraph, substitute: (c) one of the following applies: (i) in the case of an accredited management arrangement—the management arrangement is in operation under a law of the Commonwealth identified in or under the declaration; (ii) in the case of an accredited authorisation process—the authorisation process is set out in a law of the Commonwealth, and the law and the authorisation process are identified in or under the declaration; and 95 Paragraph 32(d) Omit "management plan", substitute "management arrangement or accredited authorisation process". 96 Subsection 33(1) Omit "a management plan that is an accredited management plan", substitute "a management arrangement or authorisation process that is an accredited management arrangement or an accredited authorisation process". 97 Subsection 33(2) Repeal the subsection, substitute: What is an accredited management arrangement? (2) A management arrangement is an accredited management arrangement for the purposes of a declaration that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3 if and only if: (a) the management arrangement is in operation under a law of the Commonwealth identified in or under the declaration; and (b) the management arrangement has been accredited in writing by the Minister in accordance with this section for the purposes of the declaration. What is an accredited authorisation process? (2A) An authorisation process is an accredited authorisation process for the purposes of a declaration that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3 if and only if: (a) the authorisation process is set out in a law of the Commonwealth, and the law and the authorisation process are identified in or under the declaration; and (b) the authorisation process has been accredited in writing by the Minister in accordance with this section for the purposes of the declaration. 98 Subsection 33(3) Omit ", the Minister may accredit by written instrument a management plan", substitute "or (2A), the Minister may accredit by written instrument a management arrangement or authorisation process". Note: The heading to subsection 33(3) is altered by omitting "management plan" and substituting "management arrangement or authorisation process". 99 Paragraph 33(3)(a) Repeal the paragraph, substitute: (a) the management arrangement or authorisation process and the law under which it is in operation, or in which it is set out, meet the criteria prescribed by the regulations; and 100 Paragraph 33(3)(b) Omit "plan", substitute "management arrangement or authorisation process". 101 Paragraph 33(3)(c) Omit "management plan", substitute "management arrangement or authorisation process". 102 Subsection 33(3) Omit "management plan" (last occurring), substitute "management arrangement or authorisation process". 103 Subsection 33(3) (note) Omit "plan", substitute "management arrangement or authorisation process". 104 Subsection 33(4) Repeal the subsection, substitute: Tabling of management arrangement or authorisation process before accreditation (4) The Minister must cause to be laid before each House of the Parliament: (a) a copy of: (i) in the case of a management arrangement—the management arrangement; or (ii) in the case of an authorisation process—the relevant part of the law in which the authorisation process is set out; that the Minister is considering accrediting for the purposes of subsection (2) or (2A); and (b) a notice that the Minister proposes to accredit the management arrangement or authorisation process for the purposes of a declaration under this section. 105 Subsection 33(5) Omit "management plan", substitute "management arrangement or authorisation process". 106 Subsection 33(5) After "(2)", insert "or (2A)". 107 Paragraph 33(5)(a) Omit "management plan", substitute "management arrangement or authorisation process". 108 Paragraph 33(5)(b) Omit "management plan", substitute "management arrangement or authorisation process". 109 Paragraph 33(5)(b) After "House—", insert "subject to subsection (5A),". Note: The heading to subsection 33(5) is replaced by the heading "Limitations on accreditation during period for opposition". 110 After subsection 33(5) Insert: (5A) If: (a) notice of a motion to oppose accreditation of the management arrangement or authorisation process is given in a House of the Parliament within 15 sitting days after the management arrangement or authorisation process is laid before the House under this section; and (b) the notice is withdrawn or otherwise disposed of within 15 sitting days of that House after the notice is given; then, subject to paragraph (5)(a), the Minister may accredit the management arrangement or authorisation process after the motion is withdrawn or otherwise disposed of. 111 Subsections 33(6) and (7) Repeal the subsections, substitute: No accreditation after accreditation opposed (6) The Minister must not accredit the management arrangement or authorisation process if either House of the Parliament passes a resolution opposing accreditation of the management arrangement or authorisation process following a motion of which notice has been given within 15 sitting days after the management arrangement or relevant part of the law has been laid before the House under this section. No accreditation if motion not defeated in time (7) The Minister must not accredit the management arrangement or authorisation process if, at the end of 15 sitting days after notice of a motion to oppose accreditation of the management arrangement or authorisation process that was given in a House of the Parliament within 15 sitting days after the management arrangement or relevant part of the law was laid before the House under this section: (a) the notice has not been withdrawn and the motion has not been called on; or (b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of. 112 Paragraph 33(8)(a) Omit "management plan", substitute "management arrangement or authorisation process". 113 Subsection 33(8) Omit "management plan" (last occurring), substitute "management arrangement or relevant part of the law". 114 Subsection 33(8) After "(5),", insert "(5A),". 115 Sections 34B to 34D Omit "management plan" (wherever occurring), substitute "management arrangement or authorisation process". 116 After paragraph 34D(1)(c) Insert: (ca) the Minister has had regard to any approved conservation advice for the species or community; and 117 At the end of subsection 34D(2) Add: ; and (d) the Minister has had regard to any approved conservation advice for the species or community. 118 Sections 34E and 34F Omit "management plan" (wherever occurring), substitute "management arrangement or authorisation process". 119 Paragraphs 35(2)(a) and (b) Repeal the paragraphs, substitute: (a) a declaration made under section 33 is revoked; and (b) before the revocation, an action was being taken that could be taken without approval under Part 9 because its taking was covered by the declaration; and (c) the action had not been completed before the revocation; 120 Section 36 Omit "management plan" (wherever occurring), substitute "management arrangement or authorisation process". 121 At the end of Subdivision D of Division 2 of Part 4 Add: 36A Minor amendments of accredited management arrangement or accredited authorisation process (1) If: (a) a management arrangement or an authorisation process is an accredited management arrangement or an accredited authorisation process; and (b) the management arrangement or authorisation process is amended, or is proposed to be amended; and (c) the Minister is satisfied that the amendments are, or will be, minor; and (d) the Minister is satisfied that the management arrangement or authorisation process as amended meets, or will meet, the requirements of: (i) paragraphs 33(3)(a), (b) and (c); and (ii) section 34A; and (iii) subsection 34B(2), 34BA(2), 34C(2), 34D(2), 34E(2) or 34F(2) (as the case requires); the Minister may, by instrument in writing, determine that this section applies to the amendments. (2) If the Minister makes a determination under subsection (1): (a) the management arrangement or authorisation process as amended is, for the purposes of this Act, taken to be an accredited management arrangement or accredited authorisation process; and (b) subsections 33(1) to (8) do not apply in relation to the amendments to the management arrangement or authorisation process, or the management arrangement or authorisation process as amended; and (c) actions taken after the determination is made in accordance with the accredited management arrangement or accredited authorisation process as amended do not require approval under Part 9 for the purposes of a specified provision of Part 3. (3) The Minister must publish a determination under subsection (1) in accordance with the regulations (if any). (4) A determination under subsection (1) is not a legislative instrument. 122 After Division 2 of Part 4 Insert: Division 3—Actions covered by Ministerial declarations and bioregional plans Subdivision A—Effect of declarations 37 Actions declared by Minister not to need approval A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if: (a) the action is an action, or one of a class of actions, declared by the Minister under section 37A not to require approval under Part 9 for the purposes of the provision (because the taking of the action is in accordance with a particular bioregional plan); and (b) the declaration is in operation when the action is taken; and (c) the action is taken: (i) in the bioregion to which the plan applies; and (ii) in accordance with the plan. Note: Division 2 of Part 12 deals with bioregional plans. Subdivision B—Making declarations 37A Making declarations that actions do not need approval under Part 9 Subject to Subdivisions C and D, the Minister may, by legislative instrument, declare that an action or class of actions specified in the declaration, wholly or partly by reference to the fact that the taking of the action or class of actions is in accordance with a bioregional plan, do not require approval under Part 9 for the purposes of a specified provision of Part 3. Note 1: Subdivisions C and D set out rules about prerequisites for making a declaration and limits on making a declaration. Note 2: Section 37K provides for revocation of a declaration. Subdivision C—Prerequisites for making declarations 37B General considerations (1) In deciding whether to make a declaration under section 37A, the Minister must consider the following, so far as they are not inconsistent with any other requirements of this Subdivision: (a) matters relevant to any matter protected by a provision of Part 3 that the Minister considers is relevant to the action or class of actions to which the declaration relates; (b) economic and social matters. (2) In considering those matters, the Minister must take into account the principles of ecologically sustainable development. (3) The Minister must not make a declaration under section 37A in relation to an action or class of actions and a provision of Part 3 if the Minister considers that the action, or an action in the class, if taken, would have unacceptable or unsustainable impacts on a matter protected by the provision. 37C Minister may make declaration only if prescribed criteria are met The Minister may make a declaration under section 37A only if the Minister is satisfied that the declaration: (a) accords with the objects of this Act; and (b) meets the requirements (if any) prescribed by the regulations. 37D Declarations relating to declared World Heritage properties The Minister may make a declaration under section 37A relating to a declared World Heritage property only if: (a) the Minister is satisfied that the declaration is not inconsistent with Australia's obligations under the World Heritage Convention; and (b) the Minister is satisfied that the declaration will promote the management of the property in accordance with the Australian World Heritage management principles; and (c) the Minister is satisfied that the declaration is not inconsistent with a plan that has been prepared for the management of the declared World Heritage property under section 316 or as described in section 321. 37E Declarations relating to National Heritage places The Minister may make a declaration under section 37A relating to a National Heritage place only if: (a) the Minister is satisfied that the declaration will promote the management of the place in accordance with the National Heritage management principles; and (b) the Minister is satisfied that the declaration is not inconsistent with: (i) an agreement to which the Commonwealth is a party in relation to the National Heritage place; or (ii) a plan that has been prepared for the management of the National Heritage place under section 324S or as described in section 324X. 37F Declarations relating to declared Ramsar wetlands The Minister may make a declaration under section 37A relating to a declared Ramsar wetland only if: (a) the Minister is satisfied that the declaration is not inconsistent with Australia's obligations under the Ramsar Convention; and (b) the Minister is satisfied that the declaration will promote the management of the wetland in accordance with the Australian Ramsar management principles. 37G Declarations relating to listed threatened species and ecological communities The Minister may make a declaration under section 37A relating to a listed threatened species or a listed threatened ecological community only if: (a) the Minister is satisfied that the declaration is not inconsistent with Australia's obligations under: (i) the Biodiversity Convention; or (ii) the Apia Convention; or (iii) CITES; and (b) the Minister is satisfied that the declaration will promote the survival and/or enhance the conservation status of each species or community to which the declaration relates; and (c) the Minister is satisfied that the declaration is not inconsistent with any recovery plan for the species or community or a threat abatement plan; and (d) the Minister has had regard to any approved conservation advice for the species or community. 37H Declarations relating to listed migratory species The Minister may make a declaration under section 37A relating to a listed migratory species only if: (a) the Minister is satisfied that the declaration is not inconsistent with whichever of the following conventions or agreements because of which the species is listed: (i) the Bonn Convention; (ii) CAMBA; (iii) JAMBA; (iv) an international agreement approved under subsection 209(4); and (b) the Minister is satisfied that the declaration will promote the survival and/or enhance the conservation status of each species to which the declaration relates. 37J No declarations relating to nuclear actions The Minister must not make a declaration relating to an action consisting of, or involving the construction or operation of, any of the following nuclear installations: (a) a nuclear fuel fabrication plant; (b) a nuclear power plant; (c) an enrichment plant; (d) a reprocessing facility. Subdivision D—Other rules about declarations 37K Revoking declarations Revoking declarations (1) The Minister may, by legislative instrument, revoke a declaration made under section 37A. Revocation does not affect some actions (2) If: (a) a declaration made under section 37A is revoked; and (b) before the revocation, an action was being taken that could be taken without approval under Part 9 because its taking was covered by the declaration; and (c) the action had not been completed before the revocation; this Act continues to operate in relation to the action as if the declaration had not been revoked. 37L Other rules about declarations Minister must not give preference (1) In making a declaration under section 37A, or revoking a declaration under section 37K, relating to an action taken: (a) by a person for the purposes of trade or commerce between Australia and another country or between 2 States; or (b) by a constitutional corporation; the Minister must not give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State. Publishing declarations (2) Within 10 business days after the Minister makes a declaration under section 37A, or an instrument under section 37K revoking a declaration, the Minister must publish the declaration or instrument in accordance with the regulations. Division 3A—Actions covered by conservation agreements 37M Actions declared by conservation agreement not to need approval A person may take an action described in a provision of Part 3 without an approval under Part 9 for the purposes of the provision if: (a) the action is included in a class of actions declared in a conservation agreement, in accordance with section 306A, not to require approval under Part 9 for the purposes of the provision; and (b) the conservation agreement is in operation when the action is taken; and (c) the action is taken in accordance with the conditions (if any) specified in the declaration. 123 Paragraph 43A(1)(b) Repeal the paragraph, substitute: (b) before the commencement of this Act, the action was authorised by a specific environmental authorisation; and 124 Paragraph 43A(1)(c) After "no further", insert "specific". 125 At the end of subsection 43A(1) Add: ; and (d) at the time the action is taken, the specific environmental authorisation continues to be in force. 126 After subsection 43A(1) Insert: (1A) For the purposes of paragraphs (1)(c) and (d), a renewal or extension of a specific environmental authorisation is taken to be a new specific environmental authorisation unless: (a) the action that is authorised by the authorisation following the renewal or extension is the same as the action that was authorised by the authorisation before the commencement of this Act; and (b) the renewal or extension could properly be made or given without any further consideration of the environmental impacts of the action. Note: If a renewal or extension of a specific environmental authorisation is taken to be a new specific environmental authorisation, the condition in paragraph (1)(c) or (d) would not be met. 127 Subsection 43A(2) Omit "this section", substitute "this Act". 128 Subsection 43A(2) Insert: specific environmental authorisation means an environmental authorisation that: (a) identifies the particular action by reference to acts and matters uniquely associated with that action; or (b) was issued or granted following a consideration of the particular action by reference to acts and matters uniquely associated with that action. 129 Subsection 43B(1) Omit "For this purpose, an enlargement, expansion or intensification of use is not a continuation of a use.". 130 Subsection 43B(2) Repeal the subsection, substitute: (2) However, subsection (1) does not apply to an action if: (a) before the commencement of this Act, the action was authorised by a specific environmental authorisation; and (b) at the time the action is taken, the specific environmental authorisation continues to be in force. Note: In that case, section 43A applies instead. (3) For the purposes of this section, neither of the following is a continuation of a use of land, sea or seabed: (a) an enlargement, expansion or intensification of use; (b) either: (i) any change in the location of where the use of the land, sea or seabed is occurring; or (ii) any change in the nature of the activities comprising the use; that results in a substantial increase in the impact of the use on the land, sea or seabed. 131 Subsection 46(1) Omit "management plan that is a bilaterally accredited management plan", substitute "management arrangement or authorisation process that is a bilaterally accredited management arrangement or a bilaterally accredited authorisation process". 132 Subsection 46(2) Repeal the subsection, substitute: What is a bilaterally accredited management arrangement? (2) A management arrangement is a bilaterally accredited management arrangement for the purposes of a bilateral agreement declaring that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3 if and only if: (a) the management arrangement is in force under a law of the State or Territory that is a party to the agreement and the law is identified in or under the agreement; and (b) the management arrangement has been accredited in writing by the Minister in accordance with this section for the purposes of the agreement. What is a bilaterally accredited authorisation process? (2A) An authorisation process is a bilaterally accredited authorisation process for the purposes of a bilateral agreement declaring that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3 if and only if: (a) the authorisation process is set out in a law of the State or Territory that is a party to the agreement, and the law and the process are identified in or under the agreement; and (b) the authorisation process has been accredited in writing by the Minister in accordance with this section for the purposes of the agreement. 133 Subsection 46(3) Omit ", the Minister may accredit in writing a management plan", substitute "or (2A), the Minister may accredit in writing a management arrangement or an authorisation process". Note: The heading to subsection 46(3) is altered by omitting "management plan" and substituting "management arrangement or authorisation process". 134 Paragraph 46(3)(a) Repeal the paragraph, substitute: (a) the management arrangement or authorisation process and the law under which it is in force, or in which it is set out, meet the criteria prescribed by the regulations; and 135 Paragraph 46(3)(b) Omit "management plan", substitute "management arrangement or authorisation process". 136 Paragraph 46(3)(c) Omit "management plan", substitute "management arrangement or authorisation process". 137 Subsection 46(3) Omit "management plan" (last occurring), substitute "management arrangement or authorisation process". 138 Subsection 46(3) (note) Omit "plan", substitute "management arrangement or an authorisation process". 139 Subsection 46(4) Repeal the subsection, substitute: Tabling of management arrangement or authorisation process before accreditation (4) The Minister must cause to be laid before each House of the Parliament a copy of: (a) in the case of a management arrangement—the management arrangement; or (b) in the case of an authorisation process—the relevant part of the law in which the authorisation process is set out; that the Minister is considering accrediting for the purposes of subsection (2) or (2A). 140 Subsection 46(5) Omit "management plan", substitute "management arrangement or authorisation process". 141 Subsection 46(5) After "(2)", insert "or (2A)". 142 Paragraph 46(5)(a) Omit "the plan", substitute "the management arrangement or authorisation process". 143 Paragraph 46(5)(b) Omit "management plan", substitute "management arrangement or authorisation process". 144 Paragraph 46(5)(b) After "House—", insert "subject to subsection (5A),". Note: The heading to subsection 46(5) is replaced by the heading "Limitations on accreditation during period for disallowance". 145 After subsection 46(5) Insert: (5A) If: (a) notice of a motion to disallow accreditation of the management arrangement or authorisation process is given in a House of the Parliament within 15 sitting days after the management arrangement or authorisation process is laid before the House under this section; and (b) the notice is withdrawn or otherwise disposed of within 15 sitting days of that House after the notice is given; then, subject to paragraph (5)(a), the Minister may accredit the management arrangement or authorisation process after the motion is withdrawn or otherwise disposed of. 146 Subsections 46(6) and (7) Repeal the subsections, substitute: Disallowance motion passed (6) The Minister must not accredit the management arrangement or authorisation process if either House of the Parliament passes a resolution disallowing the accreditation of the management arrangement or authorisation process following a motion of which notice has been given within 15 sitting days after the management arrangement or relevant part of the law has been laid before the House. Disallowance motion not defeated in time (7) The Minister must not accredit the management arrangement or authorisation process if, at the end of 15 sitting days after notice of a motion to disallow the management arrangement or authorisation process that was given in a House of the Parliament within 15 sitting days after the management arrangement or relevant part of the law was laid before the House: (a) the notice has not been withdrawn and the motion has not been called on; or (b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of. 147 Paragraph 46(8)(a) Omit "management plan", substitute "management arrangement or authorisation process". 148 Subsection 46(8) Omit "management plan" (last occurring), substitute "management arrangement or relevant part of the law". 149 Subsection 46(8) After "(5),", insert "(5A),". 150 Subsection 46(9) Omit "management plan", insert "management arrangement or authorisation process". 151 Subsection 46(10) Omit "The", substitute "If the declaration is for actions approved in accordance with a bilaterally accredited management arrangement, the". 152 Paragraphs 46(10)(a) and (b) Omit "a management plan that is a bilaterally accredited management plan for the purposes of the agreement", substitute "the management arrangement". 153 Subsection 51(2) Omit "management plan", substitute "management arrangement or an authorisation process". 154 Paragraphs 51(2)(a) and (b) Omit "the plan", substitute "the management arrangement or authorisation process". 155 Subsection 51A(2) Omit "management plan", substitute "management arrangement or an authorisation process". 156 Subsection 51A(2) Omit "the plan", substitute "the management arrangement or authorisation process". 157 Subsection 52(2) Omit "management plan", substitute "management arrangement or an authorisation process". 158 Paragraphs 52(2)(a) and (b) Omit "the plan", substitute "the management arrangement or authorisation process". 159 After paragraph 53(1)(c) Insert: (ca) the Minister has had regard to any approved conservation advice for the species or community; and 160 Subsection 53(2) Omit "management plan", substitute "management arrangement or an authorisation process". 161 Paragraphs 53(2)(a), (b) and (c) Omit "the plan", substitute "the management arrangement or authorisation process". 162 At the end of subsection 53(2) Add: ; and (d) the Minister has had regard to any approved conservation advice for the species or community. 163 Subsection 54(2) Omit "management plan", substitute "management arrangement or an authorisation process". 164 Paragraphs 54(2)(a) and (b) Omit "the plan", substitute "the management arrangement or authorisation process". 165 Section 55 Omit "management plan", substitute "management arrangement or an authorisation process". 166 At the end of Division 2 of Part 5 Add: Subdivision C—Minor amendments of bilateral agreements 56A Ministerial determination of minor amendments to bilateral agreements (1) This section applies if: (a) the Minister intends to develop a draft amendment to a bilateral agreement (the principal agreement); and (b) the Minister is satisfied that the amendment will not have a significant effect on the operation of the principal agreement; and (c) the Minister makes a determination, in writing, to that effect. (2) If the Minister makes a determination under paragraph (1)(c): (a) the following provisions of this Part do not apply in relation to the amendment to the principal agreement: (i) subsection 45(3); (ii) paragraphs 45(4)(b) and (c); (iii) section 49A; and (b) the Minister must publish the principal agreement, as amended by the amending agreement, at the same time as publishing the amending agreement under paragraph 45(4)(a). (3) A determination made under paragraph (1)(c) is not a legislative instrument. 167 Subsection 64(2) Omit "management plan that is a bilaterally accredited management plan", substi