Western Australia: Biodiversity Conservation Act 2016 (WA)

Western Australia Biodiversity Conservation Act 2016 Western Australia Biodiversity Conservation Act 2016 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Objects of Act 2 4. Principles of ecologically sustainable development 2 5. Terms used 3 6. Lawful activity 18 7. Lawful authority 18 8. Native species 19 9. Determination as to fauna, flora or species 20 10. Determination of certain native species or taxonomic groupings as fauna or flora 20 11. Crown bound 21 12. Application of Act in relation to aquatic matters 21 Part 2 — Listing of native species, ecological communities and threatening processes Division 1 — Native species Subdivision 1 — Specially protected species 13. Listing of specially protected species 22 14. Criteria for categorisation as species of special conservation interest 22 15. Criteria for categorisation as migratory species 23 16. Criteria for categorisation as cetaceans 24 17. Criteria for categorisation as species subject to international agreement 24 18. Criteria for categorisation as species otherwise in need of special protection 24 Subdivision 2 — Threatened species 19. Listing of threatened species 25 20. Criteria for categorisation as critically endangered species 25 21. Criteria for categorisation as endangered species 25 22. Criteria for categorisation as vulnerable species 26 Subdivision 3 — Extinct species 23. Listing of extinct species 26 24. Criteria for categorisation as extinct species 26 25. Criteria for categorisation as extinct in the wild species 27 26. Rediscovered species 27 Division 2 — Ecological communities Subdivision 1 — Threatened ecological communities 27. Listing of threatened ecological communities 28 28. Criteria for categorisation as critically endangered ecological community 28 29. Criteria for categorisation as endangered ecological community 29 30. Criteria for categorisation as vulnerable ecological community 29 Subdivision 2 — Collapsed ecological communities 31. Listing of collapsed ecological communities 30 32. Criteria for listing as collapsed ecological community 30 33. Rediscovered ecological communities 30 Division 3 — Threatening processes 34. Listing of key threatening processes 30 35. Criteria for listing as key threatening process 31 Division 4 — Listing process 36. Terms used 32 37. Minister to obtain scientific advice on listing decision 32 38. Nominations in respect of certain listings 32 39. Notification of Minister's decision 33 Part 3 — Threatened species and threatened ecological communities Division 1 — Threatened species 40. Minister may authorise taking or disturbance of threatened species 35 41. Conditions of authorisation 35 42. Parliament's approval required for certain proposals 37 43. Duty of certain people to report occurrence of threatened species 38 Division 2 — Threatened ecological communities 44. Term used: modify 38 45. Minister may authorise modification of occurrence of threatened ecological community 39 46. Conditions of authorisation 39 47. Parliament's approval required for certain proposals 41 48. Modifying occurrence of threatened ecological community 41 49. Duty of certain people to report occurrence of threatened ecological community 42 Division 3 — General provisions 50. Notice to owner and occupier as to presence of threatened species or threatened ecological community 43 51. Lodgment of notification with Registrar and withdrawal of notification 44 52. Duty to notify CEO of change in ownership or occupation 45 53. Certain visitors to be informed of threatened species or threatened ecological community 45 Part 4 — Critical habitat Division 1 — Determination of critical habitat 54. Listing of critical habitat 47 55. Criteria for listing as critical habitat 47 56. Consultation 48 57. Register 48 Division 2 — Habitat conservation notices 58. Terms used 48 59. Habitat conservation notice 49 60. Persons bound by habitat conservation notice 50 61. Amendment of habitat conservation notice 50 62. Cancellation of habitat conservation notice 51 63. Lodgment of notification with Registrar and withdrawal of notification 51 64. Habitat conservation notice binding on successive owners and occupiers 52 65. Contravention of habitat conservation notice 52 66. Duty to notify CEO of change in ownership or occupation 53 67. Apportionment of costs of complying with habitat conservation notice 53 Part 5 — Biodiversity management programmes 68. Terms used 55 69. Content of biodiversity management programme 55 70. Preparation of draft programme 56 71. Consultation on draft programme 56 72. Submission to Minister 57 73. Approval of biodiversity management programme 57 74. Notice of biodiversity management programme 57 75. Operation of biodiversity management programme 57 76. Publication of biodiversity management programme 58 77. Review of biodiversity management programme 58 78. Amendment of biodiversity management programme 58 79. Revocation of biodiversity management programme 59 80. Public authority to have regard to biodiversity management programme 59 Part 6 — Recovery plans and interim recovery plans Division 1 — Preliminary 81. Terms used 60 82. Content of recovery plan 61 Division 2 — Approved plans 83. Preparation of draft plan 62 84. Consultation on draft plan 62 85. CEO to publicise draft plan 63 86. Public submissions 63 87. Referral of draft plan to certain persons or bodies 63 88. Submission to Minister 64 89. Approval of plan 64 90. Amendment of approved plan 64 91. Joint recovery plan 65 Division 3 — Adopted plans 92. Adoption of plan 66 93. CEO to publicise proposed plan 66 94. Public submissions 67 95. Referral of proposed plan to certain persons or bodies 67 96. Amendment of adopted plan 67 Division 4 — General provisions for recovery plans 97. Matters relevant to approval or adoption of recovery plan 68 98. Notice of recovery plan 69 99. Operation of recovery plan 69 100. Publication of recovery plan 70 101. Review of recovery plan 70 102. Revocation of recovery plan 70 103. Public authority to have regard to recovery plan 71 Division 5 — Interim recovery plans 104. Interim recovery plan 71 105. Making an interim recovery plan 71 106. Consultation on proposed plan 71 107. Notice of interim recovery plan 72 108. Operation of interim recovery plan 72 109. Publication of interim recovery plan 72 110. Review of interim recovery plan 72 111. Amendment of interim recovery plan 73 112. Revocation of interim recovery plan 73 113. Public authority to have regard to interim recovery plan 73 Part 7 — Biodiversity conservation agreements 114. Minister may enter into biodiversity conservation agreement 74 115. Content of biodiversity conservation agreement 75 116. Amendment or cancellation of biodiversity conservation agreement 76 117. Lodgment of notification with Registrar and withdrawal of notification 77 118. Biodiversity conservation agreement binding on owners and occupiers 78 119. Duty to notify CEO of change in ownership or occupation 78 120. Action in respect of money, goods or services provided under agreement 79 Part 8 — Biodiversity conservation covenants 121. Terms used 81 122. Biodiversity conservation covenant 81 123. Consents required 82 124. Persons bound by biodiversity conservation covenant 82 125. Modification of biodiversity conservation covenant 83 126. Cancellation of biodiversity conservation covenant 83 127. Lodgment of biodiversity conservation covenant with Registrar 83 128. Instruments relating to modification or cancellation of biodiversity conservation covenant to be given to Registrar 84 129. Biodiversity conservation covenant binding on successive owners 85 130. Contravention of biodiversity conservation covenant 85 131. Duty to notify CEO of change in ownership or occupation 85 Part 10 — Fauna and flora Division 1 — Protection of fauna Subdivision 1 — Property in fauna 145. Term used: fauna 87 146. Property in fauna 87 147. Property remains vested in the State in certain cases 87 148. No compensation 88 Subdivision 2 — Protection provisions 149. Taking fauna other than threatened fauna or managed fauna 88 150. Taking threatened fauna 89 151. Defences to charges under s. 149 and 150 89 152. Possessing fauna 90 153. Disturbing fauna 91 154. Offender liable to punishment for certain offences despite The Criminal Code s. 11 93 155. Feeding fauna 93 156. Use of prohibited device or prohibited method when taking or disturbing fauna 93 157. Dealing in fauna 93 158. Processing fauna 94 159. Importing fauna 95 160. Exporting fauna 95 161. Injured or abandoned fauna 96 162. Releasing fauna 97 163. Managed fauna 98 164. Regulations: stranded or distressed fauna 99 165. Humane destruction of fauna 100 Division 2 — Protection of flora Subdivision 1 — Property in flora 166. Term used: flora 100 167. Property in flora 100 168. Property remains vested in the State in certain cases 100 169. Flora propagated from taken flora 101 170. No compensation 101 Subdivision 2 — Protection provisions 171. Taking flora 101 172. Taking sandalwood 102 173. Taking threatened flora 103 174. Defences to charges under s. 171, 172 and 173 104 175. Use of prohibited device or prohibited method when taking flora 104 176. Supplying flora 105 177. Dealing in flora 105 178. Processing flora 106 179. Exporting flora 106 180. Additional penalty for offence involving sandalwood 107 Division 3 — Taking or disturbance by Aboriginal people 181. Terms used 108 182. Taking or disturbance for Aboriginal customary purposes 109 183. Possessing fauna taken for Aboriginal customary purposes 111 184. Selling fauna or flora taken for Aboriginal customary purposes 111 185. Permission given by exclusive native title holder to take or disturb fauna 111 186. Regulations: restriction or exclusion of s. 182(2) or (3) 112 Division 4 — Other matters 187. Orders limiting quantity of sandalwood taken 112 188. Regulations: charges for fauna and flora 114 189. Operation of The Criminal Code s. 417 not affected 115 Part 11 — Nature‑based tourism and recreation 190. Terms used 116 191. Issue of codes of practice 116 192. Approval of codes of practice 116 193. Regulations: nature‑based tourism and recreation 117 194. Consultation 118 Part 12 — Inspection and compliance Division 1 — Preliminary 195. Terms used 119 196. Reasonably suspects: meaning 120 197. Thing relevant to an offence: meaning 120 Division 2 — Inspection and related functions 198. Purposes for which inspection may be carried out 121 199. Power to enter places 121 200. Power to enter includes power to enter some other places 122 201. Power to stop and enter vehicles and ancillary powers 122 202. Application of CI Act s. 31 123 203. Other powers related to inspection 123 204. Obtaining records 124 205. Directions 125 206. Seizure of thing relevant to an offence 127 207. Dealing with seized thing 128 208. Dealing with seized live fauna 129 209. Forensic examination 129 Division 3 — Entry warrants 210. Applying for entry warrant 130 211. Making an application 131 212. Further provisions relating to application for entry warrant 132 213. Issuing entry warrant 132 214. Effect of entry warrant 133 215. Execution of entry warrant 133 Division 4 — Remedial action 216. Term used: relevant instrument 134 217. CEO may take remedial action 134 218. Notice required before remedial action 135 219. Recovery of costs of remedial action 135 Division 5 — Other provisions 220. Time and place for compliance with direction 136 221. Direction may be given orally or in writing 136 222. Exercise of power may be recorded 136 223. Assistance to exercise powers 136 224. Use of force 137 225. Evidence obtained improperly 137 226. Compliance with directions 139 227. False or misleading information 139 228. Obstruction of wildlife officer 139 229. Self‑incrimination not an excuse 140 230. Orders for forfeiture or disposal of seized things 140 231. Application of Criminal and Found Property Disposal Act 2006 140 Part 13 — Legal proceedings Division 1 — General provisions relating to offences 232. Who can commence prosecution 141 233. Time for commencing prosecution 141 234. Attempt, incitement or accessory after the fact 141 235. Penalties for continuing offences 142 236. Court may cancel or suspend licence 142 Division 2 — Responsibility of certain persons 237. Liability of officers for offence by body corporate 142 239. Liability of partners 143 240. Liability of principals for offence by agent 144 241. Liability of employers for offence by employee 145 Division 3 — Remediation orders 242. Terms used 146 243. Making a remediation order 146 244. Limitation on making remediation order: damage to habitat on private land 147 245. Enforcement of remediation order under s. 243(1)(a) 147 246. Enforcement of remediation order under s. 243(1)(b) 148 Division 4 — Evidentiary provisions 247. Terms used 148 248. Presumption as to identity of alleged offender 148 249. Presumption as to place of offence 149 250. Evidence as to authority or status 149 251. Evidence as to type of organism, species, ecological community or habitat 150 252. Evidence of scientific matters 151 253. Evidence as to authorisations, notices and other documents 152 254. Provisions in addition to Evidence Act 1906 152 Part 14 — Regulations, orders and guidelines Division 1 — Regulations 255. Regulations: general power 153 256. Regulations: licensing 153 257. Regulations may adopt codes or legislation 155 Division 2 — Orders 258. Orders made by Minister 156 259. Certain orders subject to disallowance 156 Division 3 — Guidelines 260. Guidelines about listing 157 261. Other guidelines 158 262. Publication, amendment and revocation of guidelines 158 263. Guidelines to be taken into account 158 264. Status of guidelines 159 Part 15 — Miscellaneous Division 1 — Documents 265. Giving documents to CEO 160 266. Giving documents generally 160 267. Giving documents to owner or occupier of land 161 268. Giving certain notices 162 269. Time when document given 162 270. Defects in document 163 Division 2 — Other matters 271. Exemptions from Act 163 272. Resolution of matters relating to powers and duties of public authorities 164 273. Protection from liability for wrongdoing 165 274. Information sharing 166 275. Confidentiality 168 276. Certain information may be kept confidential 169 277. Review of Act 169 Part 16 — Repeals and transitional provisions Division 1 — Repeal of Wildlife Conservation Act 1950 Subdivision 1 — Repeals 278. Wildlife Conservation Act 1950 repealed 171 279. Subsidiary legislation repealed 171 Subdivision 2 — Transitional provisions 280. Consents under Wildlife Conservation Act 1950 s. 23F 171 Division 2 — Repeal of Sandalwood Act 1929 Subdivision 1 — Repeals 281. Sandalwood Act 1929 repealed 172 282. Sandalwood Regulations 1993 repealed 172 Subdivision 2 — Transitional provisions 283. Licences under Sandalwood Act 1929 172 Division 3 — Transitional regulations 284. Transitional regulations 172 Division 4 — General 285. Interpretation Act 1984 not affected 174 Part 17 — Consequential amendments to other Acts Division 1 — Conservation and Land Management Act 1984 amended 286. Act amended 175 287. Long title amended 175 288. Section 3 amended 175 289. Section 13A amended 176 290. Section 13B amended 176 291. Section 19 amended 176 292. Section 33 amended 177 293. Section 34A amended 180 294. Section 37 amended 181 295. Section 45 amended 181 296. Section 46 amended 182 297. Section 48 amended 182 298. Section 56 amended 182 299. Section 68 replaced 183 68. Biodiversity Conservation Account 183 300. Section 87 amended 184 301. Section 101B amended 184 302. Section 103A amended 185 303. Section 106 amended 185 304. Section 121 amended 185 305. Section 124 amended 185 306. Section 125 replaced 185 125. Application of Criminal Investigation Act 2006 and Criminal Investigation (Identifying People) Act 2002 to enforcement officers 185 126A. Department a prescribed agency for the Criminal and Found Property Disposal Act 2006 187 307. Section 127 amended 188 308. Section 132 amended 188 309. Section 133 amended 188 Division 2 — Other Acts amended 310. Animal Welfare Act 2002 amended 189 311. Biosecurity and Agriculture Management Act 2007 amended 191 312. Bush Fires Act 1954 amended 192 313. Constitution Acts Amendment Act 1899 amended 192 314. Environmental Protection Act 1986 amended 192 315. Financial Management Act 2006 amended 194 316. Firearms Act 1973 amended 194 317. Forest Products Act 2000 amended 194 318. Land Administration Act 1997 amended 195 319. Land Tax Assessment Act 2002 amended 195 42A. Land under biodiversity conservation covenant, exemption for 195 320. Soil and Land Conservation Act 1945 amended 195 Schedule 1 — Matters for which regulations may be made Notes Compilation table 200 Uncommenced provisions table 201 Defined terms Western Australia Biodiversity Conservation Act 2016 An Act to provide for — * the conservation and protection of biodiversity and biodiversity components in Western Australia; and * the ecologically sustainable use of biodiversity components in Western Australia; and * the repeal of the Wildlife Conservation Act 1950 and the Sandalwood Act 1929; and * consequential amendments to other Acts, and for related purposes. The Parliament of Western Australia enacts as follows: Part 1 — Preliminary 1. Short title This is the Biodiversity Conservation Act 2016. 2. Commencement This Act comes into operation as follows — (a) sections 1 and 2 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions. 3. Objects of Act (1) The objects of this Act are — (a) to conserve and protect biodiversity and biodiversity components in the State; and (b) to promote the ecologically sustainable use of biodiversity components in the State. (2) In the pursuit of the objects of this Act, regard must be had to the principles of ecologically sustainable development set out in section 4. 4. Principles of ecologically sustainable development The principles of ecologically sustainable development are as follows — (a) decision‑making processes should effectively integrate both long‑term and short‑term economic, environmental, social and equitable considerations; (b) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation; (c) the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations; (d) the conservation of biodiversity and ecological integrity should be a fundamental consideration in decision‑making; (e) improved valuation, pricing and incentive mechanisms should be promoted. 5. Terms used (1) In this Act, unless the contrary intention appears — abandoned fauna means fauna that — (a) belongs to a species the juveniles of which are normally cared for by a parent; and (b) is of an age at which it would normally be cared for by a parent; and (c) has been abandoned by its parents; animal means any member, alive or dead, of the animal kingdom (other than a human being) and includes the following — (a) any viable or non‑viable progeny, larva, embryo, egg, ovum or sperm of an animal; (b) any part, product or genetic material of an animal from which another animal could be produced; (c) any other part of an animal; (d) the carcass of an animal; annual report, in relation to the Department, means the annual report submitted by the accountable authority of the Department under the Financial Management Act 2006 Part 5; apply, in relation to an identifier, includes to affix, to attach, to implant and to insert; biodiversity means the variability among living organisms and the ecosystems of which those organisms are a part and includes the following — (a) diversity within native species and between native species; (b) diversity of ecosystems; (c) diversity of other biodiversity components; biodiversity components includes native species, habitats, ecological communities, genes, ecosystems and ecological processes; biodiversity conservation means the conservation and protection of biodiversity and biodiversity components; biodiversity conservation agreement has the meaning given in section 114(1); biodiversity conservation covenant has the meaning given in section 122(1); biodiversity conservation measures includes the following — (a) penalties for offences under this Act; (b) biodiversity management programmes; (c) recovery plans and interim recovery plans; (d) biodiversity conservation agreements; (e) biodiversity conservation covenants; (f) measures in place under Part 9 for the control of environmental pests; (g) measures in place under any other written law that have the effect, whether directly or indirectly, of conserving or protecting biodiversity or biodiversity components, including the following — (i) biosecurity measures; (ii) regulations under the CALM Act or the Environmental Protection Act 1986; (iii) environmental protection policies; (iv) conditions agreed or decided under the Environmental Protection Act 1986 Part IV Division 3; (v) management plans under the Fish Resources Management Act 1994 and measures under that Act relating to the control or management of exotic fish, noxious fish or biological threats; (vi) State planning policies under the Planning and Development Act 2005; biodiversity management programme means a biodiversity management programme approved under section 73(1); biological resources includes biochemical substances, genetic resources, organisms, populations and any other biotic component of an ecosystem with actual or potential use or value for humanity; bioprospecting activity means an activity involving or related to the taking of fauna or flora for the purposes of identifying, extracting or recovering biological resources; biosecurity measures means measures under the Biosecurity and Agriculture Management Act 2007 for the control of declared pests including the following — (a) requirements or restrictions imposed by Part 2 of that Act; (b) pest control notices, pest exclusion notices and pest keeping notices under Part 2 of that Act; (c) management plans under Part 2 of that Act; (d) regulations under that Act relating to the keeping, breeding, cultivation or supply of declared pests; (e) the terms and conditions of authorisations under that Act relating to the keeping, breeding, cultivation or supply of declared pests; business day means a day that is not a Saturday, Sunday or public holiday; CALM Act means the Conservation and Land Management Act 1984; CALM Act land means each of the following categories of land — (a) land, or land and waters, to which the CALM Act applies under the CALM Act section 5; (b) section 8A land as defined in the CALM Act section 3; (c) section 8C land as defined in the CALM Act section 3; (d) land owned by, vested in, or under the care, control and management of, the Executive Body as defined in the CALM Act section 3, whether solely or jointly with another body; (e) land to which the CALM Act section 131 applies; CALM Act officer means — (a) a wildlife officer; or (b) a forest officer as defined in the CALM Act section 3; or (c) a ranger as defined in the CALM Act section 3; or (d) a conservation and land management officer as defined in the CALM Act section 3; capture, in relation to fauna, includes to catch, to gather, to trap, to restrain and to remove; carcass includes part of a carcass; CEO has the meaning given in the CALM Act section 3; cetacean means a member of the sub‑order Mysticeti or Odontoceti of the Order Cetacea; CI Act means the Criminal Investigation Act 2006; class — (a) in relation to animals, means any grouping of animals; and (b) in relation to plants, means any grouping of plants; collapsed ecological community means an ecological community that is listed as a collapsed ecological community under section 31(1); commercial purpose means the purpose of sale or any other purpose that is directed to financial gain or reward; Commission has the meaning given in the CALM Act section 3; condition includes a limitation or restriction; conserve includes to maintain and to restore; container includes the following — (a) a case, box, bag, wrapper or material of any kind used or intended to be used to cover, contain or package something; (b) a bulk container, or any means of bulk transport, used or intended to be used to cover, contain or package something; contravene includes to fail to comply with; control, in relation to an environmental pest or other organism, includes the following — (a) to eradicate; (b) to destroy; (c) to prevent the presence or spread of; (d) to manage; (e) to examine or test for; (f) to survey for or monitor the presence or spread of; (g) to treat; critical habitat means habitat that is listed as critical habitat under section 54(1); critically endangered ecological community means a threatened ecological community that is listed in the category of critically endangered ecological community under section 27(1)(a); critically endangered species means a threatened species that is listed in the category of critically endangered species under section 19(1)(a); Crown land has the meaning given in the Land Administration Act 1997 section 3(1); cultivated flora means flora that has been intentionally sown, planted or propagated unless — (a) it has been sown, planted or propagated as required under this Act or another written law; or (b) it is of a class declared by the regulations to be excluded from this definition; declared pest has the meaning given in the Biosecurity and Agriculture Management Act 2007 section 6; Department has the meaning given in the CALM Act section 3; disturb — (a) in relation to fauna, includes the following — (i) to chase, drive, follow, harass, herd or hunt fauna by any means; (ii) to apply an identifier to fauna by any means; (iii) to engage in an activity that has the effect, whether directly or indirectly, of altering the natural behaviour of fauna to its detriment; (iv) to cause or permit anything referred to in subparagraph (i), (ii) or (iii) to be done; (b) in relation to flora, includes the following — (i) to engage in an activity that has the effect, whether directly or indirectly, of altering the long term persistence of the flora in its habitat; (ii) to cause or permit an activity referred to in subparagraph (i) to be engaged in; ecological community means a naturally occurring assemblage of organisms that occurs in a particular habitat; ecologically sustainable use, in relation to biodiversity components, means use of the biodiversity components in a way and at a rate that does not lead to the long‑term decline of biodiversity, thereby maintaining the potential of the biodiversity components to meet the needs of present and future generations; ecosystem means a dynamic complex of ecological communities and the non‑living chemical and physical parts of their environment interacting as a functional unit; endangered ecological community means a threatened ecological community that is listed in the category of endangered ecological community under section 27(1)(b); endangered species means a threatened species that is listed in the category of endangered species under section 19(1)(b); environmental pest means a species in respect of which an order under section 132(1) is in force; environmental pest notice has the meaning given in section 135(2); environmental protection policy means an approved policy as defined in the Environmental Protection Act 1986 section 3(1); EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth); exclusive economic zone has the meaning given in the Seas and Submerged Lands Act 1973 (Commonwealth) section 3; export means to take out of the State and includes the following — (a) to offer to export; (b) to send or deliver for export; (c) to receive, or have in possession, for export; external Territory has the meaning given in the Acts Interpretation Act 1901 (Commonwealth) section 17; extinct species means a native species that is listed as an extinct species under section 23(1); fauna means — (a) an animal that — (i) belongs to a native species unless the animal is determined by order under section 9(2) not to be fauna for the purposes of this Act; or (ii) is determined by order under section 9(1) to be fauna for the purposes of this Act; or (b) a native species or taxonomic grouping of native species that is determined by order under section 10(1) or (2) to be fauna for the purposes of this Act; fauna processing establishment means a place used to process fauna, other than fish or pearl oyster, for a commercial purpose; fish has the meaning given in the Fish Resources Management Act 1994 section 4(1); flora means — (a) a plant that — (i) belongs to a native species and is indigenous to the State unless the plant is determined by order under section 9(4) not to be flora for the purposes of this Act; or (ii) is determined by order under section 9(3) to be flora for the purposes of this Act; or (b) a native species or taxonomic grouping of native species that is determined by order under section 10(1) or (2) to be flora for the purposes of this Act; flora processing establishment means a place used to process flora for a commercial purpose but does not include a place used solely to process forest products taken under a contract to which the Forest Products Act 2000 Part 8 applies unless those forest products are sandalwood; genetic resources means any material of plant, animal, microbial or other origin that contains functional units of heredity and that has actual or potential value to humanity; habitat means the biophysical medium or media — (a) occupied (continuously, periodically or occasionally) by an organism or group of organisms; or (b) once occupied (continuously, periodically or occasionally) by an organism, or group of organisms, and into which organisms of that kind have the potential to be reintroduced; habitat conservation notice has the meaning given in section 59(1); identifier means a tag, mark, brand, electronic device, or other thing of a prescribed kind, designed or used to identify, track or trace an organism; import means to bring into the State; injured fauna means fauna that is injured, sick or diseased; interim recovery plan means an interim recovery plan made under section 105; key threatening process means a threatening process that is listed as a key threatening process under section 34(1); label means to mark a package, container or other thing to identify it or its contents by attaching to it or inserting in it a tag, mark, stamp or written statement; land has the meaning given in the Land Administration Act 1997 section 3(1); lawful activity has the meaning given in section 6; lawful authority has the meaning given in section 7(2); licence means a licence granted under the regulations; managed fauna means fauna prescribed or of a class prescribed by regulations referred to in section 163(1) as managed fauna for the purposes of the section in which the term is used; ministerial guidelines means guidelines issued under section 260; mobile home means a vehicle that — (a) is ordinarily used for human habitation; and (b) is permanently or semi‑permanently stationary in a single location; native species has the meaning given in section 8(2); obstruct includes to delay, to hinder and to resist; occupier, in relation to land, means a person who is in occupation or control of the land, or is entitled to be in occupation or control of the land, whether or not the person owns the land; organism means a life form, other than a human being, whether alive or not and includes part of such a life form and the genetic material of such a life form; owner — (a) in relation to private land, means — (i) a person who is for the time being registered under the Transfer of Land Act 1893 as proprietor of an estate in fee simple in the land; or (ii) a person who is for the time being the holder of the freehold in the land as evidenced by a memorial that is registered under the Registration of Deeds Act 1856; or (iii) an executor or administrator of, or a person appointed under a written law to act on behalf of, a person referred to in subparagraph (i) or (ii); or (iv) an agent or attorney of a person referred to in subparagraph (i) or (ii); or (v) a mortgagee in possession of the land; (b) in relation to Crown land, means the public authority that has the care, control or management of the land or, if there is no such public authority, the State; part, in relation to an animal or carcass, includes the bodily fluid, bone, chitin, exoskeleton, feathers, flesh, fur, hide, organs, pelage, scale, shell, skin, teeth, tissue and viscera of the animal or carcass; pearl oyster has the meaning given in the Pearling Act 1990 section 3(1); place means any land, building, structure, tent or mobile home or a part of any land, building, structure, tent or mobile home; plant means any member, alive or dead, of the plant kingdom or the fungus kingdom and includes the following — (a) any viable or non‑viable ovule, seed, pollen or spore of a plant; (b) any part, product or genetic material of a plant from which another plant could be produced; (c) any other part of a plant; potential carrier means — (a) any thing that is capable of carrying an environmental pest; or (b) any thing that is capable of carrying anything else that is capable of carrying an environmental pest; prescribed means prescribed by regulations made under this Act; private land means alienated land as defined in the Land Administration Act 1997 section 3(1); process — (a) in relation to fauna, means to cut, skin, treat, freeze, chill, can, cure, pack or preserve; (b) in relation to flora, means to obtain or produce a thing or substance of a prescribed kind from flora using a prescribed method; prohibited device means — (a) a thing or substance of a kind prescribed as a prohibited device; or (b) a thing or substance that is used in a manner other than that prescribed for its use; prohibited method means — (a) a method of a kind prescribed as a prohibited method; or (b) a method that is used in a manner other than that prescribed for its use; public authority means — (a) a Minister of the State; or (b) an agency or an organisation as those terms are defined in the Public Sector Management Act 1994 section 3(1); or (c) a local government or a regional local government; or (d) a body, whether incorporated or not, or the holder of an office, that is established or continued for a public purpose under a written law and that, under the authority of a written law, performs a statutory function on behalf of the State; record means any record of information, irrespective of how the information is recorded or stored or able to be recovered and includes the following — (a) any thing from which images, sounds or writings can be reproduced, with or without the aid of anything else; (b) any thing on which information is recorded or stored, whether electronically, magnetically, mechanically or by some other means; recovery plan means — (a) a recovery plan approved under section 89(1); or (b) a plan adopted as a recovery plan under section 92(1); Registrar — (a) in relation to land that is under the operation of the Transfer of Land Act 1893, means the Registrar of Titles under that Act; (b) in relation to land that is alienated from the Crown but is not under the operation of the Transfer of Land Act 1893, means the Registrar of Deeds and Transfers under the Registration of Deeds Act 1856; remedial action has the meaning given in section 217(1); sandalwood means a plant that belongs to the species Santalum spicatum or to another species of flora prescribed for the purposes of this definition; self‑governing Territory has the meaning given in the EPBC Act section 528; specially protected fauna means fauna that belongs to a specially protected species; specially protected flora means flora that belongs to a specially protected species; specially protected species means a native species that is listed as a specially protected species under section 13(1); species — (a) means a group of organisms that — (i) interbreed to produce fertile offspring; or (ii) possess common characteristics derived from a common gene pool, and (b) includes — (i) a taxonomically separate population of a species, being a population that is characterised by morphological or other biological differences from other populations of that species; and (ii) a distinct population of organisms that the Minister has determined by order under section 9(5) to be a species for the purposes of this Act; State agreement means an agreement to which the State is a party and which is authorised, ratified or approved by a written law; supply includes the following — (a) to sell; (b) to send or deliver for the purpose of sale or on sale; (c) to receive, or have in possession, for the purpose of sale; (d) to dispose of under a hire‑purchase agreement; (e) to give; (f) to send or deliver for the purpose of giving; (g) to receive, or have in possession, for the purpose of giving; (h) to cause or permit anything referred to in paragraph (a), (b), (c), (d), (e), (f) or (g) to be done; (i) to offer to do anything referred to in paragraph (a), (b), (c), (d), (e), (f) or (g); take — (a) in relation to fauna, includes the following — (i) to kill, injure, harvest or capture fauna by any means; (ii) to cause or permit anything referred to in subparagraph (i) to be done; (b) in relation to flora, includes the following — (i) to gather, pluck, cut, pull up, destroy, dig up, remove, harvest or damage flora by any means; (ii) to cause or permit anything referred to in subparagraph (i) to be done; threatened ecological community means an ecological community that — (a) is listed as a threatened ecological community under section 27(1); or (b) is to be regarded as a threatened ecological community under section 33; threatened fauna means fauna that belongs to a threatened species; threatened flora means flora that belongs to a threatened species; threatened species means a native species that — (a) is listed as a threatened species under section 19(1); or (b) is to be regarded as a threatened species under section 26(2); threatening process means a process that threatens, or may threaten, the survival, abundance or evolutionary development of a native species or ecological community; treat includes to disinfect, to disinfest, to clean, to vaccinate or apply other prophylactic measures, and to isolate; vehicle means any thing capable of transporting people or things by air, road, rail or water, and it does not matter how the thing is moved or propelled; vulnerable ecological community means a threatened ecological community that is listed in the category of vulnerable ecological community under section 27(1)(c); vulnerable species means a threatened species that is listed in the category of vulnerable species under section 19(1)(c); wildlife officer has the meaning given in the CALM Act section 3. (2) Despite the definitions of occupier and owner in subsection (1), neither the CEO nor the Executive Body (as defined in the CALM Act section 3) is to be regarded as an occupier or owner of land for the purposes of this Act. 6. Lawful activity For the purposes of this Act, but without limiting what may constitute a lawful activity, a reference in this Act to a lawful activity includes — (a) clearing that does not involve an offence under the Environmental Protection Act 1986 section 51C; and (b) an activity prescribed or of a class prescribed for the purposes of this section. 7. Lawful authority (1) In this section — biodiversity conservation conditions means conditions or requirements relating to the conservation or protection of biodiversity or biodiversity components; relevant authorisation means a licence, permit, approval, consent, registration, exemption or other authority issued, granted, conferred or given under — (a) this Act; or (b) the CALM Act; or (c) the Environmental Protection Act 1986; or (d) the Fish Resources Management Act 1994; or (e) the Pearling Act 1990; or (f) an enactment prescribed for the purposes of this definition. (2) For the purposes of this Act, but without limiting what may constitute lawful authority, there is lawful authority for an act if — (a) it is — (i) an act that is authorised by a relevant authorisation or is otherwise authorised or required under a State agreement; or (ii) an act that is a likely consequence of an act referred to in subparagraph (i); and (b) all biodiversity conservation conditions that apply to or in relation to it are complied with, whether those conditions are imposed under the relevant authorisation or State agreement referred to in paragraph (a)(i) or imposed in some other way. 8. Native species (1) In this section — coastal sea of Australia or an external Territory has the meaning given in the Acts Interpretation Act 1901 (Commonwealth) section 15B(4); continental shelf means the continental shelf (as defined in the Seas and Submerged Lands Act 1973 (Commonwealth) section 3) of Australia including its external Territories. (2) For the purposes of this Act, a native species is a species — (a) that is indigenous to Australia or an external Territory; or (b) that is indigenous to the sea‑bed of the coastal sea of Australia or an external Territory; or (c) that is indigenous to the continental shelf; or (d) that is indigenous to the exclusive economic zone; or (e) members of which periodically or occasionally visit — (i) Australia or an external Territory; or (ii) the exclusive economic zone; or (f) that was present in Australia or an external Territory before 1400. 9. Determination as to fauna, flora or species (1) The Minister may, by order, determine that an animal, other than an animal that belongs to a native species, is fauna for the purposes of this Act. (2) The Minister may, by order, determine that an animal that belongs to a native species is not fauna for the purposes of this Act. (3) The Minister may, by order, determine that a plant, other than a plant that belongs to a native species and is indigenous to the State, is flora for the purposes of this Act. (4) The Minister may, by order, determine that a plant that belongs to a native species and is indigenous to the State is not flora for the purposes of this Act. (5) The Minister may, by order, determine that a distinct population of organisms is a species for the purposes of this Act. (6) An order made under this section may provide that it applies to the whole of the State, a specified part of the State or specified parts of the State. (7) Section 258 applies to an order made under this section. 10. Determination of certain native species or taxonomic groupings as fauna or flora (1) The Minister may, by order, determine that a particular native species, or taxonomic grouping of native species, that is classified as belonging to a kingdom other than the animal kingdom, the plant kingdom or the fungus kingdom is either fauna or flora for the purposes of this Act. (2) If it appears to the Minister that according to scientific opinion a particular native species or taxonomic grouping of native species is not classified as belonging to the animal kingdom, the plant kingdom, the fungus kingdom or another kingdom, the Minister may, by order, determine that the species or taxonomic grouping is either fauna or flora for the purposes of this Act. (3) Section 258 applies to an order made under this section. 11. Crown bound (1) This Act binds the State and, so far as the legislative power of the State permits, the Crown in all its other capacities. (2) Nothing in this Act makes the State, or the Crown in any of its other capacities, liable to be prosecuted for an offence. 12. Application of Act in relation to aquatic matters (1) This Act, other than Part 9, does not apply to or in relation to any fish or pearl oyster that is the subject of — (a) aquaculture, as defined in the Fish Resources Management Act 1994 section 4(1); or (b) commercial fishing, as defined in the Fish Resources Management Act 1994 section 4(1); or (c) recreational fishing, as defined in the Fish Resources Management Act 1994 section 4(1); or (d) hatchery activities, as defined in the Pearling Act 1990 section 3(1); or (e) pearling, as defined in the Pearling Act 1990 section 3(1). (2) Nothing in subsection (1) affects the application of the CALM Act Part II Division 3. Part 2 — Listing of native species, ecological communities and threatening processes Division 1 — Native species Subdivision 1 — Specially protected species 13. Listing of specially protected species (1) The Minister may, by order, list a native species as a specially protected species in — (a) any one or more of the following categories — (i) species of special conservation interest; (ii) migratory species; (iii) cetaceans; (iv) species subject to international agreement; or (b) the category of species otherwise in need of special protection. (2) A native species is not eligible for listing as a specially protected species if it is a threatened species or an extinct species. (3) Section 258 applies to an order made under subsection (1). 14. Criteria for categorisation as species of special conservation interest A native species is eligible for listing in the category of species of special conservation interest at a particular time if, at that time — (a) it is of special conservation interest because it — (i) has a naturally low population; or (ii) has a restricted natural range; or (iii) is subject to or recovering from a significant population decline or reduction in natural range; or (iv) is of special interest to science; and (b) in the opinion of the Minister — (i) the penalty for an offence under this Act involving the taking of the species is not likely to effectively deter its taking; and (ii) taking of the species may result in undue depletion of the species; and (c) listing in that category is otherwise in accordance with the ministerial guidelines. 15. Criteria for categorisation as migratory species (1) A native species is eligible for listing in the category of migratory species at a particular time if, at that time — (a) either — (i) members of the species periodically or occasionally visit Australia or an external Territory or the exclusive economic zone; or (ii) the species is the subject of an international agreement that relates to the protection of migratory species and that binds the Commonwealth; and (b) listing in that category is otherwise in accordance with the ministerial guidelines. (2) If a native species is listed in the category of migratory species on the basis of subsection (1)(a)(ii), the listing must specify the relevant international agreement. 16. Criteria for categorisation as cetaceans A native species is eligible for listing in the category of cetaceans at a particular time if, at that time — (a) it is a cetacean; and (b) listing in that category is otherwise in accordance with the ministerial guidelines. 17. Criteria for categorisation as species subject to international agreement (1) A native species is eligible for listing in the category of species subject to international agreement at a particular time if, at that time — (a) the species is the subject of an international agreement that relates to the provision, coordination or encouragement of special protective measures for the species and that binds the Commonwealth; and (b) listing in that category is otherwise in accordance with the ministerial guidelines. (2) If a native species is listed in the category of species subject to international agreement, the listing must specify the relevant international agreement. 18. Criteria for categorisation as species otherwise in need of special protection A native species is eligible for listing in the category of species otherwise in need of special protection at a particular time if, at that time — (a) it is a species for which a need for special protection exists; and (b) it is not eligible for listing in any of the categories referred to in section 13(1)(a); and (c) listing in that category is otherwise in accordance with the ministerial guidelines. Subdivision 2 — Threatened species 19. Listing of threatened species (1) The Minister may, by order, list a native species as a threatened species in one of the following categories — (a) critically endangered species; (b) endangered species; (c) vulnerable species. (2) A native species is not eligible for listing as a threatened species if it is an extinct species. (3) When deciding whether or not to list a native species as a threatened species or to amend or repeal such a listing, the Minister must have regard only to matters relating to the survival of the species. (4) Section 258 applies to an order made under subsection (1). 20. Criteria for categorisation as critically endangered species A native species is eligible for listing in the category of critically endangered species at a particular time if, at that time — (a) it is facing an extremely high risk of extinction in the wild in the immediate future, as determined in accordance with criteria set out in the ministerial guidelines; and (b) listing in that category is otherwise in accordance with the ministerial guidelines. 21. Criteria for categorisation as endangered species A native species is eligible for listing in the category of endangered species at a particular time if, at that time — (a) it is not a critically endangered species; and (b) it is facing a very high risk of extinction in the wild in the near future, as determined in accordance with criteria set out in the ministerial guidelines; and (c) listing in that category is otherwise in accordance with the ministerial guidelines. 22. Criteria for categorisation as vulnerable species A native species is eligible for listing in the category of vulnerable species at a particular time if, at that time — (a) it is not a critically endangered species or an endangered species; and (b) it is facing a high risk of extinction in the wild in the medium‑term future, as determined in accordance with criteria set out in the ministerial guidelines; and (c) listing in that category is otherwise in accordance with the ministerial guidelines. Subdivision 3 — Extinct species 23. Listing of extinct species (1) The Minister may, by order, list a native species as an extinct species in one of the following categories — (a) extinct species; (b) extinct in the wild species. (2) Section 258 applies to an order made under subsection (1). 24. Criteria for categorisation as extinct species A native species is eligible for listing in the category of extinct species at a particular time if, at that time — (a) there is no reasonable doubt that the last member of the species has died; and (b) listing in that category is otherwise in accordance with the ministerial guidelines. 25. Criteria for categorisation as extinct in the wild species A native species is eligible for listing in the category of extinct in the wild species at a particular time if, at that time — (a) it is known only to survive in cultivation, in captivity or as a naturalised population well outside its past range; and (b) it has not been recorded in its known habitat or expected habitat, at appropriate seasons, anywhere in its past range, despite surveys over a time frame appropriate to its life cycle and form; and (c) listing in that category is otherwise in accordance with the ministerial guidelines. 26. Rediscovered species (1) This section applies to a native species if — (a) it is listed in the category of extinct species and is discovered to be extant; or (b) it is listed in the category of extinct in the wild species and is discovered to be extant in the wild. (2) A native species to which this section applies is to be regarded as a threatened species for the purposes of this Act until — (a) it is listed as a threatened species or a specially protected species; or (b) the Minister declares, by instrument published in the Gazette, that it is not to be so listed. Division 2 — Ecological communities Subdivision 1 — Threatened ecological communities 27. Listing of threatened ecological communities (1) The Minister may, by order, list an ecological community as a threatened ecological community in one of the following categories — (a) critically endangered ecological community; (b) endangered ecological community; (c) vulnerable ecological community. (2) An ecological community is not eligible for listing as a threatened ecological community if it is a collapsed ecological community. (3) When deciding whether or not to list an ecological community as a threatened ecological community or to amend or repeal such a listing, the Minister must have regard only to matters relating to the survival of the ecological community. (4) An order made under subsection (1) may describe or identify an ecological community by reference to a map or plan held in the Department. (5) Section 258 applies to an order made under subsection (1). 28. Criteria for categorisation as critically endangered ecological community An ecological community is eligible for listing in the category of critically endangered ecological community at a particular time if, at that time — (a) it is facing an extremely high risk of becoming eligible for listing as a collapsed ecological community in the immediate future, as determined in accordance with criteria set out in the ministerial guidelines; and (b) listing in that category is otherwise in accordance with the ministerial guidelines. 29. Criteria for categorisation as endangered ecological community An ecological community is eligible for listing in the category of endangered ecological community at a particular time if, at that time — (a) it is not a critically endangered ecological community; and (b) it is facing a very high risk of becoming eligible for listing as a collapsed ecological community in the near future, as determined in accordance with criteria set out in the ministerial guidelines; and (c) listing in that category is otherwise in accordance with the ministerial guidelines. 30. Criteria for categorisation as vulnerable ecological community An ecological community is eligible for listing in the category of vulnerable ecological community at a particular time if, at that time — (a) it is not a critically endangered ecological community or an endangered ecological community; and (b) it is facing a high risk of becoming eligible for listing as a collapsed ecological community in the medium‑term future, as determined in accordance with criteria set out in the ministerial guidelines; and (c) listing in that category is otherwise in accordance with the ministerial guidelines. Subdivision 2 — Collapsed ecological communities 31. Listing of collapsed ecological communities (1) The Minister may, by order, list an ecological community as a collapsed ecological community. (2) Section 258 applies to an order made under subsection (1). 32. Criteria for listing as collapsed ecological community An ecological community is eligible for listing as a collapsed ecological community at a particular time if, at that time — (a) there is no reasonable doubt that the last occurrence of the ecological community has collapsed; or (b) the ecological community has been so extensively modified throughout its range that no occurrence of it is likely to recover — (i) its species composition or structure; or (ii) its species composition and structure. 33. Rediscovered ecological communities If a collapsed ecological community is discovered in a state that no longer makes it eligible for listing as a collapsed ecological community, it is to be regarded as a threatened ecological community for the purposes of this Act until — (a) it is listed as a threatened ecological community; or (b) the Minister declares, by instrument published in the Gazette, that it is not to be so listed. Division 3 — Threatening processes 34. Listing of key threatening processes (1) The Minister may, by order, list a threatening process as a key threatening process. (2) Section 258 applies to an order made under subsection (1). 35. Criteria for listing as key threatening process A threatening process is eligible for listing as a key threatening process if — (a) the threatening process — (i) could cause a native species to become eligible for listing as a threatened species; or (ii) could cause an ecological community to become eligible for listing as a threatened ecological community; or (iii) could cause a threatened species or a threatened ecological community to become eligible for listing in another category representing a higher degree of endangerment; or (iv) significantly contributes to the continuing decline of 2 or more threatened species or 2 or more threatened communities; or (v) significantly contributes to a native species becoming eligible for listing as a threatened species in the category of critically endangered species; or (vi) significantly contributes to an ecological community becoming eligible for listing as a threatened ecological community in the category of critically endangered ecological community; or (vii) significantly contributes to the continuing decline of a critically endangered species or a critically endangered ecological community; or (viii) significantly contributes to the degradation of a critical habitat; and (b) listing is otherwise in accordance with the ministerial guidelines. Division 4 — Listing process 36. Terms used In this Division — listing decision means a decision to do any of the following, whether or not the decision results from a nomination — (a) list a native species as a threatened species; (b) list a native species as an extinct species; (c) list an ecological community as a threatened ecological community; (d) list an ecological community as a collapsed community; (e) list a threatening process as a key threatening process; (f) amend or repeal a listing referred to in any of paragraphs (a) to (e); (g) amend or repeal criteria referred to in section 20(a), 21(b), 22(b), 28(a), 29(b) or 30(b); nomination means a nomination under section 38(1). 37. Minister to obtain scientific advice on listing decision Before making a listing decision the Minister must obtain and have regard to advice from one or more persons considered by the Minister to have scientific expertise relevant to the matter to which the decision relates. 38. Nominations in respect of certain listings (1) A person may nominate to the Minister — (a) a native species for listing as a threatened species in a particular category; or (b) an amendment to or repeal of the listing of a threatened species; or (c) an ecological community for listing as a threatened ecological community in a particular category; or (d) an amendment to or repeal of the listing of a threatened ecological community; or (e) a threatening process for listing as a key threatening process; or (f) an amendment to or repeal of the listing of a key threatening process. (2) A nomination may be made at any time and whether or not nominations have been sought under subsection (4). (3) The Minister may, by written notice given to the person who makes a nomination, reject the nomination if the Minister is satisfied that — (a) it is vexatious, frivolous or not made in good faith; or (b) it has not been made in accordance with any prescribed requirement. (4) The Minister may, by notice published in accordance with the regulations, seek nominations. (5) The regulations may regulate the way in which nominations are made and the form in which they are made. 39. Notification of Minister's decision (1) In this section — nomination does not include a nomination rejected under section 38(3). (2) The Minister must give a person who makes a nomination written notice of the Minister's decision on the listing, amendment or repeal the subject of the nomination. (3) If the Minister's decision is that the listing, amendment or repeal is not to be made, the notice must include the reasons for the decision. Part 3 — Threatened species and threatened ecological communities Division 1 — Threatened species 40. Minister may authorise taking or disturbance of threatened species (1) The Minister may, by instrument, authorise a person (including a public authority) to take or disturb a threatened species. (2) An application for an authorisation must be in a form approved by the CEO. (3) The Minister may, by instrument, amend or revoke an authorisation given under this section. 41. Conditions of authorisation (1) In this section — authorisation means an authorisation given under section 40; land of conservation value means land on which there are either or both of the following — (a) a population of the relevant species; (b) relevant habitat; relevant habitat, in relation to an authorisation, means habitat listed as critical habitat under section 54(1) because it is critical to the survival of the threatened species to which the authorisation relates; relevant species, in relation to an authorisation, means the threatened species to which the authorisation relates. (2) The Minister may impose conditions on an authorisation. (3) Without limiting subsection (2) but subject to subsection (4), the Minister may impose a condition that requires the holder of the authorisation to do one or more of the following — (a) make a monetary contribution towards the purchase of land of conservation value; (b) transfer, lease or otherwise dispose of land of conservation value to a specified person (including the CEO); (c) exchange land of conservation value for other land; (d) enter into an agreement in respect of land of conservation value for the purpose of conserving and protecting the relevant species or relevant habitat; (e) take specified measures on land of conservation value for the purpose of conserving and protecting the relevant species or relevant habitat; (f) provide equipment, facilities, resources or services to assist in the conservation and protection of the relevant species or relevant habitat; (g) conduct or fund surveys, studies or research in relation to the relevant species or relevant habitat; (h) prepare and implement, or fund the preparation and implementation of, plans or schemes for the conservation and protection of the relevant species or relevant habitat; (i) do anything else that is prescribed for the purposes of this subsection. (4) The Minister must not impose a condition described in subsection (3) unless the Minister considers that the condition is necessary for the purpose of mitigating or offsetting the impact that activity carried out under the authorisation is likely to have on the total known population of the relevant species in the State and on relevant habitat. (5) If a condition requires the transfer, lease or other disposal of land of conservation value to the CEO, it is a function of the CEO to acquire, hold, manage and otherwise deal with that land for the purpose of conserving and protecting the relevant species or relevant habitat. (6) An authorisation must set out any conditions imposed on it under this section. 42. Parliament's approval required for certain proposals (1) In this section — proposal means — (a) a proposal to give an authorisation under section 40; or (b) a proposal to amend an authorisation given under that section. (2) This section applies to a proposal if, in the opinion of the Minister, the authorisation or amendment the subject of the proposal could be expected to result in the threatened species to which the proposal relates becoming eligible for listing as an extinct species in the near future. (3) Despite subsection (2), this section does not apply to a proposal if the purpose of the taking or disturbance to which the proposal relates is to establish a breeding colony or a population in cultivation so that the threatened species can be reintroduced into the wild at a later time. (4) The Minister must not give the authorisation or make the amendment the subject of a proposal to which this section applies unless the proposal — (a) has been laid before each House of Parliament; and (b) has been approved by a resolution passed by both Houses of Parliament. 43. Duty of certain people to report occurrence of threatened species (1) This section applies to a person who is carrying out field work for the purposes of — (a) an assessment under the Environmental Protection Act 1986 Part IV; or (b) complying with a requi