NATURE CONSERVATION ACT 1980 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 2. Dictionary 3. Notes 4. Offences against Act--application of Criminal Code etc 5. Relationship with Emergencies Act 6. Construction consistent with environment laws PART 2--NATURE CONSERVATION STRATEGIES, DECLARATIONS AND ACTION PLANS Division 2.1--The conservator and the service 7. Conservator of Flora and Fauna 8. Conservation officers 9. Identity cards 10. Exercise of powers 11. Delegation by conservator 12. Australian Capital Territory Parks and Conservation Service Division 2.2--Flora and Fauna Committee Subdivision 2.2.1--Establishment, functions and powers 13. Establishment of Flora and Fauna Committee 14. Functions 15. Directions to committee Subdivision 2.2.2--Constitution and meetings 17. Membership 18. Appointment of chairperson and deputy chairperson 19. Secretary to committee 20. Leave of absence 21. Disclosure of interests 22. Termination of appointment 23. Convening meetings 24. Procedure at meetings 25. Quorum PART 3--NATURE CONSERVATION AND DECLARATIONS Division 3.1--Nature conservation strategy 26. Draft nature conservation strategy 27. Public notification of draft nature conservation strategy 28. Confirmation, revision, deferral or withdrawal of draft nature conservation 29. Submission or resubmission of draft nature conservation strategy to 30. Minister's powers in relation to draft nature conservation strategy 31. Notice of rejection of draft nature conservation strategy 32. Commencement of nature conservation strategy etc Division 3.2--Declarations about special protection status and protected and exempt flora and fauna 33. Special protection status 34. Declaration of protected and exempt flora and fauna Division 3.3--Declaration of species, community or process Subdivision 3.3.1--Criteria and guidelines for declarations 35. Criteria for recommending declaration 36. Guidelines for dealing with applications for declarations 37. Public consultation on preparation of relevant criteria and Subdivision 3.3.2--Making of declarations 38. Declaration of species, community or process 39. Request to committee to recommend making of declaration Division 3.4--Action plans 40. Draft action plan 41. Public notification of draft action plan 42. Preparation of action plan PART 4--PROTECTION OF ANIMALS AND FISH 43. Nests of native animals 44. Killing native animals 45. Taking native animals 46. Keeping animals 47. Selling animals 48. Import and export of animals 49. Release of animals from captivity 50. Escape of native animals PART 5--PROTECTION OF PLANTS 51. Taking plants 52. Preservation of native timber 53. Dealing in protected native plants 54. Plant tags PART 6--PROHIBITED AND CONTROLLED ORGANISMS 55. Declarations 56. Possession of prohibited organisms 57. Controlled organisms PART 7--CONSERVATION DIRECTIONS 58. Meaning of native animal in pt 7 59. Entry onto land for purpose of carrying out examination 60. Conservation directions 61. Diseased native animals and plants 62. Conservation criteria PART 8--RESERVED AREAS Division 8.1--Restriction on activities in reserved areas 63. Access to reserved areas 64. Entry to reserved areas 65. Signs in reserved areas 66. Rubbish and fires in reserved areas 67. Activities in reserved areas 68. Taking animals and plants into reserved areas 69. Powers of conservation officers in reserved areas 70. Offences in wilderness areas 71. Compensation 72. Restoration of excavation sites by permit holders Division 8.2--Clearing native vegetation in reserved areas Subdivision 8.2.1--Interpretation for div 8.2 73. Definitions for div 8.2 74. Meaning of clearing native vegetation 75. Meaning of clearing causing serious harm to reserved area 76. Meaning of clearing causing material harm to reserved area Subdivision 8.2.2--Offences of clearing native vegetation in reserved areas 77. Clearing causing serious harm 78. Clearing causing material harm 79. Clearing generally 80. Lawful clearing 81. Alternative verdicts for offences against s 77 and s 78 82. Order for restoration etc--clearing offences Division 8.3--Damaging land in reserved areas Subdivision 8.3.1--Interpretation for div 8.3 83. Definitions for div 8.3 84. Meaning of damage causing serious harm to reserved area 85. Meaning of damage causing material harm to a reserved area Subdivision 8.3.2--Offences of damaging land in reserved areas 86. Damage causing serious harm 87. Damage causing material harm 88. Damage causing harm 89. Lawful damage 90. Alternative verdicts for offences against s 86 and s 87 91. Order for rehabilitation etc--damage offences PART 9--INJUNCTIVE ORDERS 92. Application for order 93. Making of order 94. Interim order 95. Costs--public interest 96. Security for costs etc 97. Compensation in relation to injunctive proceedings PART 10--MANAGEMENT AGREEMENTS 98. Definitions for pt 10 99. Management agreements 100. Formulation of agreements 101. Refusal to enter into management agreement 102. Activities inconsistent with management agreement PART 11--LICENCES 103. Application 104. Grant of licence 105. Conditions 106. Licensing criteria 107. Duration 108. Surrender 109. Nature of rights conferred by licences 110. Cancellation 111. Production of licences 112. Records to be kept by licence holders 113. Production of records PART 12--NOTIFICATION AND REVIEW OF DECISIONS 114. Meaning of reviewable decision--pt 12 115. Reviewable decision notices 116. Applications for review PART 14--MISCELLANEOUS 127. Royalty 128. Provisions not to apply to conservation officers 129. Act not to apply to certain appointed people 130. Power of entry and search 131. Further powers of conservation officers 132. Seizure and release of bird wildlife 133. Seizure and forfeiture of animals and plants 134. Release of animals--court orders 135. Acts and omissions of representatives 136. Criminal liability of executive officers 137. Approved forms 138. Evidence 139. Determination of fees 140. Regulation-making power SCHEDULE 1 DICTIONARY ENDNOTES NATURE CONSERVATION ACT 1980 - LONG TITLE An Act to make provision for the protection and conservation of native animals and native plants, and for the reservation of areas for those purposes NATURE CONSERVATION ACT 1980 - SECT 1 Name of Act This Act is the Nature Conservation Act 1980. NATURE CONSERVATION ACT 1980 - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation. For example, the signpost definition 'motor vehicle--see the Road Transport (General) Act 1999, dictionary.' means that the expression 'motor vehicle' is defined in the dictionary to that Act and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156). NATURE CONSERVATION ACT 1980 - SECT 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes. NATURE CONSERVATION ACT 1980 - SECT 4 Offences against Act--application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to the offences against this Act in the following divisions: o div 8.2 (Clearing native vegetation in reserved areas) o div 8.3 (Damaging land in reserved areas). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. NATURE CONSERVATION ACT 1980 - SECT 5 Relationship with Emergencies Act (1) This Act does not apply to the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of protecting life or property, or controlling, extinguishing or preventing the spread of a fire. (2) In this section: "relevant person "means-- (a) the chief officer (fire brigade); or (b) any other member of the fire brigade; or (c) the chief officer (rural fire service); or (d) any other member of the rural fire service; or (e) any other person under the control of the chief officer (fire brigade) or the chief officer (rural fire service); or (f) a police officer. NATURE CONSERVATION ACT 1980 - SECT 6 Construction consistent with environment laws (1) This Act shall be construed and administered in a manner that is consistent with an environment law unless the contrary intention appears from this Act or that law. (2) This Act shall be taken to be consistent with an environment law to the extent that it is capable of operating concurrently with that law. (3) In this section: "environment law" means a law of the Territory that has as 1 of its objects or purposes the protection of the environment. NATURE CONSERVATION ACT 1980 - SECT 7 Conservator of Flora and Fauna The director-general must appoint a public servant as the Conservator of Flora and Fauna. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). NATURE CONSERVATION ACT 1980 - SECT 8 Conservation officers (1) The director-general may appoint a person as a conservation officer. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). (2) The conservator is also a conservation officer. NATURE CONSERVATION ACT 1980 - SECT 9 Identity cards (1) The director-general shall issue to the conservator an identity card that specifies the conservator's name and office, and on which appears a recent photograph of the conservator. (2) The director-general shall issue to a conservation officer an identity card that specifies the officer's name and office, and on which appears a recent photograph of the officer. (3) Upon ceasing-- (a) to occupy, or to act in, the office of the conservator; or (b) to occupy, or to act in, an office of a conservation officer; or (c) to be appointed as a conservation officer under section 8; a person shall not, without reasonable excuse, fail to return his or her identity card to the director-general. Maximum penalty (subsection (3)): 1 penalty unit. NATURE CONSERVATION ACT 1980 - SECT 10 Exercise of powers The conservator or a conservation officer, in exercising a power conferred on him or her under this Act, other than a power conferred by part 11, may exercise the power with such assistance as is necessary. NATURE CONSERVATION ACT 1980 - SECT 11 Delegation by conservator The conservator may delegate the conservator's functions under this Act to a conservation officer. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. NATURE CONSERVATION ACT 1980 - SECT 12 Australian Capital Territory Parks and Conservation Service (1) There is established by this Act a service by the name of the Australian Capital Territory Parks and Conservation Service. (2) The Australian Capital Territory Parks and Conservation Service shall consist of the conservation officers. (3) It is the function of the Australian Capital Territory Parks and Conservation Service to assist the conservator in the exercise of his or her functions under this Act. NATURE CONSERVATION ACT 1980 - SECT 13 Establishment of Flora and Fauna Committee The Flora and Fauna Committee is established. NATURE CONSERVATION ACT 1980 - SECT 14 Functions The functions of the committee are-- (a) to provide advice to the Minister in relation to nature conservation; and (b) to exercise such powers as are provided for under this Act. Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). NATURE CONSERVATION ACT 1980 - SECT 15 Directions to committee (1) The Minister may give the committee general directions, in writing, in relation to nature conservation. (2) The Minister shall give a copy of any direction under subsection (1) to the conservator. (3) A report prepared by the conservator under the Annual Reports (Government Agencies) Act 2004 for a financial year must include-- (a) a copy of any direction given under this section during the year; and (b) a statement by the conservator about action taken during the year to give effect to any direction given (whether before or during the year) under this section. Note Financial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004. NATURE CONSERVATION ACT 1980 - SECT 17 Membership (1) The committee consists of 7 members appointed by the Minister, at least 2 of whom must not be public servants. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3). (2) The Minister shall not appoint a person as a member unless the Minister is satisfied that the person has appropriate expertise in biodiversity or ecology. (3) A member holds office as a part-time member. (4) A member must not be appointed for more than 3 years. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def of appoint). (5) A member holds office on the conditions (if any) about matters not provided for by this part that are determined in writing by the Minister. NATURE CONSERVATION ACT 1980 - SECT 18 Appointment of chairperson and deputy chairperson (1) The Minister shall appoint from the members-- (a) a chairperson; and (b) a deputy chairperson. (2) The chairperson and the deputy chairperson shall not be public servants. NATURE CONSERVATION ACT 1980 - SECT 19 Secretary to committee The secretary to the committee must be a public servant nominated by the director-general. NATURE CONSERVATION ACT 1980 - SECT 20 Leave of absence The Minister may, by writing, grant leave of absence to a member on specified terms and conditions as to remuneration or otherwise. NATURE CONSERVATION ACT 1980 - SECT 21 Disclosure of interests (1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the committee shall, as soon as practicable after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a committee meeting. (2) A disclosure shall be recorded in the minutes of the meeting and, unless the Minister otherwise determines, the member shall not-- (a) be present during any deliberation of the committee with respect to that matter; or (b) take part in any decision of the committee with respect to that matter. NATURE CONSERVATION ACT 1980 - SECT 22 Termination of appointment (1) The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity. (2) If a member-- (a) without reasonable excuse, contravenes section 21; or (b) is absent from duty, except on leave of absence granted by the Minister, from 3 consecutive meetings of the committee; the Minister shall terminate the appointment of the member. Note The member's appointment also ends if the member resigns (see Legislation Act 2001, s 210 (1) and (2)). NATURE CONSERVATION ACT 1980 - SECT 23 Convening meetings (1) The chairperson, or, if he or she is unable to do so, the deputy chairperson, shall convene such committee meetings-- (a) as he or she considers necessary for the efficient performance of its functions; and (b) as the Minister directs by notice in writing given to the chairperson or the deputy chairperson. (2) Where the chairperson or the deputy chairperson proposes to convene a meeting of the committee, he or she shall, not later than 5 working days before the date of the proposed meeting, give each member a notice, in writing, specifying-- (a) the date, time and place of the meeting; and (b) the matters to be considered at the meeting. NATURE CONSERVATION ACT 1980 - SECT 24 Procedure at meetings (1) The chairperson shall preside at all committee meetings at which he or she is present. (2) Where the chairperson is not present at a meeting, the deputy chairperson shall preside. (3) Where the chairperson and the deputy chairperson are both absent from a meeting, the members present shall elect 1 of their number to preside. (4) The member presiding at a meeting may give directions regarding the procedure to be followed in connection with the meeting. (5) Questions arising at a meeting shall be decided by a majority of the votes of the members present and voting. (6) The member presiding at a meeting has a deliberative vote and, in the event of an equality of votes, a casting vote. (7) The committee shall keep minutes of its proceedings. NATURE CONSERVATION ACT 1980 - SECT 25 Quorum At a meeting of the committee, a majority of the members for the time being constitute a quorum. NATURE CONSERVATION ACT 1980 - SECT 26 Draft nature conservation strategy (1) The conservator shall prepare a draft nature conservation strategy in writing. Note Power given under an Act to make a statutory instrument (including the draft nature conservation strategy) includes power to amend or repeal the instrument (see Legislation Act 2001, s 46 (1)). (2) A draft nature conservation strategy prepared pursuant to subsection (1) shall include proposals in relation to the protection, management and conservation of flora and fauna indigenous to the Territory. NATURE CONSERVATION ACT 1980 - SECT 27 Public notification of draft nature conservation strategy (1) If the conservator prepares a draft nature conservation strategy, the conservator must also prepare a notice-- (a) stating that copies of the draft strategy are available for inspection during office hours at a place stated in the notice; and (b) inviting interested people to make written comments about the draft strategy to the conservator at the place, and within the period (the consultation period), stated in the notice. (2) The consultation period must be at least 21 days after the day the notice is notified under the Legislation Act 2001. (3) The notice is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001. (4) The conservator must also publish the notice in a newspaper. (5) During the consultation period, the conservator must make copies of the draft nature conservation strategy available for inspection in accordance with the notice. (6) In this section: "draft nature conservation strategy" includes a draft nature conservation strategy that has been revised under section 28. NATURE CONSERVATION ACT 1980 - SECT 28 Confirmation, revision, deferral or withdrawal of draft nature conservation strategy (1) After the end of the consultation period for a draft nature conservation strategy, the conservator may, in writing-- (a) confirm the draft strategy; or (b) revise the draft strategy; or (c) defer the submission of the draft strategy to the Minister until a stated date or the happening of a stated event; or (d) withdraw the draft strategy. (2) An instrument under subsection (1) (c) or (d) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001. (3) In deciding whether to confirm, revise, defer or withdraw a draft nature conservation strategy under this section, the conservator must consider the comments (if any) made to the conservator about the draft strategy during the consultation period. (4) If a draft nature conservation strategy is deferred under this section, as soon as practicable after the date, or the happening of the event, stated in the instrument of deferral, the conservator must prepare a notice stating that the draft strategy is revived. (5) The notice is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001. NATURE CONSERVATION ACT 1980 - SECT 29 Submission or resubmission of draft nature conservation strategy to Minister (1) If the conservator-- (a) confirms a draft nature conservation strategy; or (b) prepares a notice under section 28 stating that a draft nature conservation strategy is revived; the conservator must submit the draft nature conservation strategy to the Minister for approval, together with a written report setting out the issues raised in the written comments (if any) received by the conservator about the draft strategy during the consultation period. (2) If a draft nature conservation strategy is deferred under section 30 (Minister's powers in relation to draft nature conservation strategy), as soon as practicable after the date, or the happening of the event, stated in the instrument of deferral, the conservator must prepare a notice stating the draft strategy is revived. (3) The notice is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001. (4) If the conservator-- (a) gives effect to a direction of the Minister under section 30 in relation to a draft nature conservation strategy (other than a direction to defer resubmission of the draft strategy or to withdraw it); or (b) prepares a notice under subsection (2) in relation to a draft strategy; the conservator must resubmit the draft strategy to the Minister for approval. (5) In this section: "draft nature conservation strategy" includes a draft nature conservation strategy that has been revised under section 28. NATURE CONSERVATION ACT 1980 - SECT 30 Minister's powers in relation to draft nature conservation strategy (1) If a draft nature conservation strategy is submitted or resubmitted to the Minister for approval, the Minister must-- (a) approve the draft strategy in the form in which it is submitted or resubmitted; or (b) return the draft strategy to the conservator and direct the conservator to take any 1 or more of the following actions in relation to it: (i) conduct further specified consultation; (ii) consider any relevant environmental report, the report of any relevant inquiry under the Planning and Development Act 2007, or any other relevant report; (iii) consider any revision suggested by the Minister; (iv) revise the draft strategy in a specified manner; (v) defer, by written notice, resubmission of the draft strategy to the Minister; (vi) withdraw the draft strategy by written notice; or (c) reject the draft strategy. (2) A draft nature conservation strategy approved under this section is a disallowable instrument. Note 1 A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. Note 2 An amendment or repeal of a draft nature conservation strategy is also a disallowable instrument (see Legislation Act 2001, s 46 (2)). (3) A notice under subsection (1) (b) (v) or (vi) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001. NATURE CONSERVATION ACT 1980 - SECT 31 Notice of rejection of draft nature conservation strategy (1) If the Minister rejects a draft nature conservation strategy under section 30, the Minister must prepare a notice stating that the draft strategy has been rejected. (2) The notice is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001. (3) The Minister must also publish the notice in a newspaper. NATURE CONSERVATION ACT 1980 - SECT 32 Commencement of nature conservation strategy etc (1) To the extent that they have not been disallowed under the Legislation Act 2001, the provisions of an instrument prepared for the purposes of section 26 (1) (including any revision of the instrument) become the text of the nature conservation strategy for the Territory (the strategy). (2) As soon as practicable after the provisions of an instrument become the text of the strategy, or variation of the strategy, the Minister must, in writing, fix a day when the strategy or variation is to commence. Note An instrument under this subsection is a commencement notice (see Legislation Act 2001, s 11). A commencement notice must be notified under the Legislation Act 2001. NATURE CONSERVATION ACT 1980 - SECT 33 Special protection status (1) The conservator may declare the members of a species of migratory animal to have special protection status if the protection of the species is the object, or part of the object, of an Act of the Commonwealth, or of an international agreement (however described) entered into by the Commonwealth. (2) The conservator shall declare the members of a species of native animal or native plant to have special protection status if-- (a) he or she believes on reasonable grounds that the species is threatened with extinction; or (b) the Minister makes a declaration under section 38 that the species is endangered. (3) A declaration under this section is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. (4) In this section: "migratory animal" means a migratory animal that periodically or occasionally visits Australia, the Australian coastal sea or the sea over the continental shelf of Australia. NATURE CONSERVATION ACT 1980 - SECT 34 Declaration of protected and exempt flora and fauna (1) The conservator may declare-- (a) fish or invertebrates of a particular kind to be protected fish or protected invertebrates; or (b) animals of a particular kind to be exempt animals; or (c) native plants of a particular kind to be protected native plants; or (d) native animals of a particular kind to be protected native animals. (2) In making a declaration under subsection (1), the conservator shall take into consideration-- (a) the need to protect native animals and native plants generally in the Territory; and (b) the need to conserve the significant ecosystems of the Territory, New South Wales and Australia; and (c) in relation to a declaration under subsection (1) (a), (c) or (d)--the specialised welfare and security requirements of the animal, plant, fish or invertebrate. (3) A declaration under this section is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. NATURE CONSERVATION ACT 1980 - SECT 35 Criteria for recommending declaration (1) The committee must specify criteria for assessing whether the committee should recommend the making of a declaration under section 38 (Declaration of species, community or process). (2) In specifying criteria for the purposes of subsection (1) the committee shall have regard only to factors relevant to-- (a) the conservation of a species or ecological community; or (b) the ecological significance of a threatening process; in relation to the Territory and the surrounding region. (3) An instrument under this section is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. NATURE CONSERVATION ACT 1980 - SECT 36 Guidelines for dealing with applications for declarations (1) The committee must specify guidelines for the procedures to be followed by the committee in relation to making a decision on an application under section 39 (Request to Committee to recommend making of declaration). (2) An instrument under this section is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. NATURE CONSERVATION ACT 1980 - SECT 37 Public consultation on preparation of relevant criteria and guidelines (1) Before specifying criteria under section 35, the committee shall cause a notice to be published in a newspaper-- (a) outlining the proposed criteria; and (b) inviting written suggestions in relation to the inclusion of relevant criteria to be lodged with it within 28 days after the date of the invitation. (2) Before specifying guidelines under section 36, the committee shall cause a notice to be published in a newspaper-- (a) outlining the proposed guidelines; and (b) inviting written suggestions in relation to the inclusion of relevant criteria to be lodged with it within 28 days after the date of the invitation. (3) On receiving any such suggestions the committee shall consider those suggestions. NATURE CONSERVATION ACT 1980 - SECT 38 Declaration of species, community or process (1) Where, having regard to the criteria specified under section 35, the committee has reasonable grounds to believe that a species is vulnerable or endangered, the committee shall advise the Minister of that opinion and recommend to the Minister that the species be declared to be vulnerable or endangered, as the case may be. (2) Where, having regard to the criteria specified under section 35, the committee has reasonable grounds to believe that an ecological community is endangered, the committee shall advise the Minister of that opinion and recommend to the Minister that the community be declared to be an endangered community. (3) Where, having regard to-- (a) the criteria specified under section 35; and (b) the significance of a process within the Territory and the surrounding region; the committee has reasonable grounds to believe that the process is a threatening process, the committee shall advise the Minister of that opinion and recommend to the Minister that the process be declared to be a threatening process. (4) If the Minister accepts a recommendation under this section, the Minister must make the declaration recommended. (5) A declaration under this section is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. (6) In this section: "vulnerable", in relation to a species, means a species that within the next 25 years is likely to become endangered unless the circumstances and factors threatening its abundance, survival or evolution cease. NATURE CONSERVATION ACT 1980 - SECT 39 Request to committee to recommend making of declaration (1) A person may make an application to the committee requesting the committee to recommend the making of a declaration under section 38. (2) An application shall be-- (a) in a form approved by the committee; and (b) accompanied by a statement containing the reasons why the applicant considers that the declaration should be made. (3) On application, in accordance with this section, the committee may, after considering the relevant criteria-- (a) make the recommendation sought; or (b) refuse to make that recommendation. (4) Where the committee, in accordance with subsection (3) (b), refuses to make a recommendation, the chairperson shall give to the applicant a written notice including a statement of reasons for the decision. (5) A form approved for this section is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001. NATURE CONSERVATION ACT 1980 - SECT 40 Draft action plan (1) The conservator shall prepare, for public information, a draft action plan in relation to each species, ecological community or process the subject of a declaration under section 38. (2) A draft action plan prepared pursuant to subsection (1) shall include-- (a) proposals to ensure, as far as is practicable, the identification, protection and survival of the species, or the ecological community; or (b) proposals to minimise the effect of any process which threatens any species or ecological community. NATURE CONSERVATION ACT 1980 - SECT 41 Public notification of draft action plan (1) If the conservator prepares a draft action plan, the conservator must also prepare a notice-- (a) stating that copies of the draft action plan are available for inspection during office hours at a place stated in the notice; and (b) inviting interested people to make written comments about the draft action plan to the conservator at the place, and within the period (the consultation period), stated in the notice. (2) The consultation period must be at least 21 days after the day the notice is notified under the Legislation Act 2001. (3) The notice is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001. (4) The conservator must also publish the notice in a newspaper. (5) During the consultation period, the conservator must make copies of the draft action plan available for inspection in accordance with the notice. NATURE CONSERVATION ACT 1980 - SECT 42 Preparation of action plan (1) After the end of the consultation period for a draft action plan for a species, ecological community or process, the conservator may prepare an action plan for the species, ecological community or process. (2) In preparing the action plan, the conservator must consider the comments (if any) received by the conservator about the draft plan during the consultation period. (3) An action plan is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. NATURE CONSERVATION ACT 1980 - SECT 43 Nests of native animals (1) A person shall not, except in accordance with a licence, interfere with a nest of a native animal, or with anything in the immediate environment of such a nest, if the interference-- (a) places the animal or its progeny in danger of death; or (b) places the animal in danger of not being able to breed-- (i) if the interference occurs during the animal's breeding season--during that season; or (ii) in any other case--during the animal's next breeding season. Maximum penalty: (a) if the animal has special protection status--100 penalty units, imprisonment for 1 year or both; or (b) in any other case--50 penalty units, imprisonment for 6 months or both. (2) A person shall not, except in accordance with a licence, interfere with a nest of a native animal, or with anything in the immediate environment of such a nest. Maximum penalty: (a) if the animal has special protection status--30 penalty units; or (b) in any other case--20 penalty units. (3) It is a defence to a prosecution for an offence against subsection (1) if it is established that the defendant believed on reasonable grounds that the alleged danger did not exist. (4) It is a defence to a prosecution for an offence against subsection (1) or (2) if it is established that the defendant believed on reasonable grounds that the place, structure or object alleged to have been interfered with-- (a) was not a nest; or (b) was not in the immediate environment of a nest; as the case may be. (5) In this section: "interfere with" includes damage or destroy. "nest", in relation to a native animal, includes-- (a) a particular place, structure or object that is being, or has been within the previous 2 years, used as a nesting place by the animal; or (b) a partially constructed nest that has not been used as a nesting place by the animal. NATURE CONSERVATION ACT 1980 - SECT 44 Killing native animals (1) A person shall not, except in accordance with a licence, kill a native animal. Maximum penalty: (a) if the animal has special protection status--100 penalty units, imprisonment for 1 year or both; or (b) in any other case--50 penalty units, imprisonment for 6 months or both. (2) Subsection (1) does not apply to or in relation to the killing of an animal in circumstances in which the animal constitutes a danger to a person. NATURE CONSERVATION ACT 1980 - SECT 45 Taking native animals (1) A person shall not, except in accordance with a licence, take a native animal, whether dead or alive. Maximum penalty: (a) if the animal has special protection status--100 penalty units, imprisonment for 1 year or both; or (b) in any other case--50 penalty units, imprisonment for 6 months or both. (2) This section does not apply to the taking of an animal that is suffering from a disease, illness or injury for the purpose of treating it or giving it to a conservation officer. NATURE CONSERVATION ACT 1980 - SECT 46 Keeping animals (1) A person shall not, except in accordance with a licence, keep an animal other than an exempt animal. Maximum penalty: (a) if the animal has special protection status--100 penalty units, imprisonment for 1 year or both; or (b) in any other case--50 penalty units, imprisonment for 6 months or both. (2) Subsection (1) does not apply to or in relation to an animal kept by a person if-- (a) the animal is suffering from a disease, illness or injury; and (b) the animal is being kept by the person for the purpose of being given treatment for that disease, illness or injury or being delivered to a conservation officer; and (c) the period for which the animal has been kept by the person does not exceed 48 hours. NATURE CONSERVATION ACT 1980 - SECT 47 Selling animals A person shall not, except in accordance with a licence, sell an animal other than an exempt animal. Maximum penalty: (a) if the animal has special protection status--100 penalty units, imprisonment for 1 year or both; or (b) in any other case--50 penalty units, imprisonment for 6 months or both. NATURE CONSERVATION ACT 1980 - SECT 48 Import and export of animals A person shall not, except in accordance with a licence, import into or export from the Territory an animal other than an exempt animal. Maximum penalty: (a) if the animal has special protection status--100 penalty units, imprisonment for 1 year or both; or (b) in any other case--50 penalty units, imprisonment for 6 months or both. NATURE CONSERVATION ACT 1980 - SECT 49 Release of animals from captivity (1) A person shall not, except in accordance with a licence, release a native animal from captivity if the release-- (a) places the animal in greater danger of injury or death than if it had been kept in captivity; or (b) threatens the survival, abundance or evolution of any species of native animals. Maximum penalty: (a) if the animal has special protection status--100 penalty units, imprisonment for 1 year or both; or (b) in any other case--50 penalty units, imprisonment for 6 months or both. (2) A person shall not, except in accordance with a licence, release an animal that is not a native animal from captivity if the release-- (a) places any native animal in danger of injury or death; or (b) threatens the survival, abundance or evolution of any species of native animals. Maximum penalty: 50 penalty units. (3) A person shall not, except in accordance with a licence, release an animal from captivity. Maximum penalty: 50 penalty units. (4) It is a defence to a prosecution for an offence against subsection (1) if it is established that the defendant believed on reasonable grounds that the release of the animal-- (a) did not place the animal in greater danger of injury or death than if it had been kept in captivity; and (b) did not threaten the survival, abundance or evolution of any species of native animals. (5) It is a defence to a prosecution for an offence against subsection (2) if it is established that the defendant believed on reasonable grounds that the release of the animal-- (a) did not place any native animal in danger of injury or death; and (b) did not threaten the survival, abundance or evolution of any species of native animals. (6) This section does not apply to a person who-- (a) finds and takes a native animal that is suffering from a disease, illness or injury; and (b) within 48 hours of having taken the animal-- (i) treats the animal; and (ii) releases it within 500m of the place where it was taken. NATURE CONSERVATION ACT 1980 - SECT 50 Escape of native animals Where a native animal escapes from custody-- (a) the interest held by any person in the animal is divested from that person; and (b) any licence held by a person in respect of the animal ceases to apply to the animal. NATURE CONSERVATION ACT 1980 - SECT 51 Taking plants (1) A person shall not, except in accordance with a licence, take a plant that-- (a) has special protection status; or (b) is a protected native plant; or (c) is a native plant growing on unleased land. Maximum penalty: (a) if the plant has special protection status--100 penalty units, imprisonment for 1 year or both; or (b) if the plant does not have special protection status but the court finds that the defendant intended to sell it--50 penalty units, imprisonment for 6 months or both; or (c) in any other case--50 penalty units. (2) Subsection (1) does not apply where-- (a) an occupier of land not in a built-up area-- (i) cultivates a protected native plant on the land; or (ii) takes seeds from a protected native plant growing on the land for the purposes of cultivating such a plant on the land; or (b) an occupier of land takes a protected native plant growing on the land which had been planted or caused to be planted by the occupier; or (c) a person takes seeds for domestic use from a native plant (other than a plant having special protection status or a protected native plant) growing on unleased land; or (d) an occupier of land in a built-up area takes a protected native plant growing on the land; or (e) an occupier of land outside any built-up area takes a protected native plant in the course of preparing or using the land for primary production in accordance with the lease or licence under which the land is occupied; or (f) a conservation officer or public servant takes a native plant in the exercise of his or her functions. (3) Where, in a prosecution for an offence against subsection (1), the plant to which the offence relates is seaweed, it is a defence to the prosecution that the quantity of seaweed picked by the defendant was not reasonably sufficient to enable the seaweed to be used for commercial purposes. (4) In this section: "cultivates", in relation to a native plant, means sowing its seeds, fertilising it, applying chemicals to it or trimming, lopping or digging it up-- (a) for a purpose reasonably beneficial to the plant, or to a protected native plant growing in close proximity; or (b) for the purpose of its propagation. "native plant" does not include native timber. "protected native plant" does not include native timber. NATURE CONSERVATION ACT 1980 - SECT 52 Preservation of native timber (1) A person shall not, without reasonable excuse-- (a) fell, or cause to be felled; or (b) damage, or cause to be damaged; standing native timber on unleased land in the built-up area, or leased or unleased land outside the built-up area, except in accordance with a licence. Maximum penalty: 50 penalty units. (2) Subsection (1) does not apply in relation to felling or damage of native timber on leased land outside the built-up area where-- (a) the timber was planted by or on behalf of an occupier and felled or damaged by or on behalf of that occupier or a subsequent occupier; or (b) in the case of timber which is felled--in the opinion of the person responsible for the felling, based on reasonable grounds, the felling of the timber was necessary to avert an immediate danger of injury to a person or damage to property; or (c) the timber is felled or damaged with the intention of using it on the land for a purpose other than sale or trade. (3) A person shall not, without reasonable excuse, remove or cause to be removed fallen native timber on unleased land in the built-up area, or leased or unleased land outside the built-up area, except in accordance with a licence. Maximum penalty: 50 penalty units. (4) A person shall not without reasonable excuse damage, or cause to be damaged, fallen native timber on unleased land, except-- (a) in accordance with a licence; or (b) if the timber has a diameter of less than 10cm. Maximum penalty: 50 penalty units. (5) Subsections (1), (3) and (4) do not apply in relation to the felling, removal or damage of native timber-- (a) by a conservation officer, or a public servant, in the exercise of his or her functions; or (b) with the authority of the conservator. (6) In addition to the penalty that may be imposed for an offence against this section involving the felling or removal of native timber, the court may order the defendant to pay to the Territory an amount equal to the value of the timber felled or removed in contravention of this section. (7) Where the court makes an order under subsection (6), the same proceedings may be taken upon the order as if it were a judgment of the Magistrates Court entered in civil proceedings in favour of the Territory. (8) In this section: "removal" means-- (a) in relation to native timber on leased land--removal of the timber from the land subject to the lease; or (b) in relation to native timber on unleased land--removal from the immediate vicinity. NATURE CONSERVATION ACT 1980 - SECT 53 Dealing in protected native plants (1) A person shall not, except in accordance with a licence-- (a) sell a protected native plant; or (b) import into the Territory, or export from the Territory, a protected native plant for the purposes of sale or trade. Maximum penalty: (a) if the plant has special protection status--100 penalty units, imprisonment for 1 year or both; or (b) in any other case--50 penalty units, imprisonment for 6 months or both. (2) Nothing in subsection (1) applies to or in relation to the importation into the Territory of native timber. NATURE CONSERVATION ACT 1980 - SECT 54 Plant tags (1) A person shall not sell or export from the Territory a protected native plant, or a plant that has special protection status, other than a seed or a dead plant, unless there is attached to the plant a tag of an approved kind on which the particulars referred to in subsection (2) are clearly and indelibly marked. Maximum penalty: (a) if the plant has special protection status--50 penalty units; or (b) in any other case--25 penalty units. (2) The particulars to be marked on a tag for the purpose of subsection (1) are-- (a) the name of the person proposing to sell or export the plant; and (b) the botanical name and common name (if any) of the plant. (3) For the purposes of subsection (1), a tag shall be taken to be a tag of an approved kind if it is made of metal, plastic, cloth or some other durable material. NATURE CONSERVATION ACT 1980 - SECT 55 Declarations (1) The conservator may declare organisms of a particular kind to be prohibited organisms. (2) The conservator may declare organisms of a particular kind to be controlled organisms. (3) In making a declaration under this section, the conservator shall consider-- (a) the need to protect native animals and native plants in the Territory; and (b) the need to conserve the significant ecosystems of the Territory, New South Wales and Australia. (4) A declaration under this section is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. NATURE CONSERVATION ACT 1980 - SECT 56 Possession of prohibited organisms A person shall not possess a prohibited organism, except in accordance with a licence. Maximum penalty: 50 penalty units. NATURE CONSERVATION ACT 1980 - SECT 57 Controlled organisms A person shall not perform an action prescribed by the regulations in relation to a controlled organism, except in accordance with a licence. Maximum penalty: 50 penalty units. NATURE CONSERVATION ACT 1980 - SECT 58 Meaning of native animal in pt 7 In this part: "native animal" includes any live fish. NATURE CONSERVATION ACT 1980 - SECT 59 Entry onto land for purpose of carrying out examination (1) Subject to subsection (2), a conservation officer may enter land and carry out on the land such investigations and examinations in relation to native animals or native plants on the land as the conservation officer considers necessary or desirable for the purpose of ensuring the protection and conservation of those animals or plants. (2) A conservation officer shall not enter occupied land, or exercise a power conferred by subsection (1) in relation to occupied land, unless-- (a) he or she has received permission in writing to do so from the occupier of the land; or (b) he or she has, not less than 24 hours before entering the land, given the occupier written notice of intention to enter the land. (3) Where an occupier (not being the Territory or Commonwealth or a statutory authority) of land suffers loss or damage by reason of the exercise, in relation to the land, of a power conferred by this section, there is due to the person by the Territory such amount as is necessary to compensate the person for the loss or damage suffered by him or her. (4) In this section: "statutory authority" means an authority established by or under a law of the Commonwealth or the Territory. NATURE CONSERVATION ACT 1980 - SECT 60 Conservation directions (1) The conservator may give the occupier of land directions for the protection or conservation of native animals, native plants and native timber on the land. (2) Directions under subsection (1) shall-- (a) specify a period, expiring no earlier than 14 days after the date of the directions, within which the directions are to be complied with; and (b) be in accordance with the criteria determined under section 62. (3) A person to whom directions are given in accordance with this section shall not, without reasonable excuse, fail to comply with the directions within the time specified in the directions. Maximum penalty: (a) if the directions relate to the protection or conservation of native animals or plants having special protection status--100 penalty units; or (b) in any other case--50 penalty units. NATURE CONSERVATION ACT 1980 - SECT 61 Diseased native animals and plants (1) Where the conservator has reasonable cause to believe-- (a) that a native animal or a native plant is suffering from a disease; and (b) that it is necessary or desirable for treatment of a particular kind to be carried out in connection with that disease; the conservator may, by notice in writing, direct the owner of the animal or plant, within such period as is specified in the notice, to carry out that treatment. (2) The conservator shall only issue a notice under subsection (1) in accordance with the criteria determined under section 62. (3) Where a notice is given to a person under subsection (1) and-- (a) the person does not comply with the notice; or (b) the notice is complied with but the animal or plant does not, within a reasonable time, respond satisfactorily to the treatment; the conservator may, by notice in writing, require the person, within such period as is specified in the notice, to deliver up the animal or plant to the conservator or to destroy it. (4) If a person to whom a notice in respect of a native animal is given under subsection (3) fails to comply with the notice, a conservation officer may-- (a) enter the land or premises where the animal is kept; and (b) seize the animal. (5) A conservation officer may, in respect of an animal seized by the officer under subsection (4)-- (a) carry out such treatment, and dispose of the animal in such manner, as he or she thinks fit; or (b) destroy the animal. NATURE CONSERVATION ACT 1980 - SECT 62 Conservation criteria (1) The conservator may determine criteria for the purposes of sections 60 (2) (b) and 61 (1). (2) A determination under subsection (1) is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. NATURE CONSERVATION ACT 1980 - SECT 63 Access to reserved areas (1) The conservator may-- (a) restrict access to a reserved area, or part of a reserved area, to certain persons or persons included in a class of persons; or (b) prohibit access to a reserved area, or part of a reserved area; where he or she has reasonable cause to believe that-- (c) public safety would be endangered; or (d) the management of the reserved area, or that part of the reserved area, would be interfered with; by public access to the reserved area, or that part of the reserved area. (2) Notice of a restriction or prohibition under subsection (1) shall-- (a) be published in a newspaper circulating in the Territory; and (b) be prominently displayed at all entrances to the reserved area or part of the reserved area. (3) A person who, or a person included in a class of persons which, is, by virtue of subsection (1), prohibited from entering a reserved area or part of a reserved area shall not enter the reserved area or that part of the reserved area. Maximum penalty: 50 penalty units. (4) It is a defence to a prosecution for an offence against subsection (3) that-- (a) the presence of the defendant in the reserved area, or the part of the reserved area, as the case may be-- (i) was due to the existence of an emergency; or (ii) was unavoidable by the taking of reasonable care; or (b) the defendant had no reasonable grounds for suspecting that entry into the reserved area, or part of the reserved area, was prohibited under subsection (1). (5) In this section: reserved area includes an area of public land that-- (a) is reserved under the Territory plan as a special purpose reserve; and (b) is not leased land. NATURE CONSERVATION ACT 1980 - SECT 64 Entry to reserved areas If, when asked by a conservation officer, a person fails to pay a fee payable by the person for entry into a reserved area, the person must not enter the area. Maximum penalty: 20 penalty units. NATURE CONSERVATION ACT 1980 - SECT 65 Signs in reserved areas (1) The conservator may authorise the erection, at or near the entrances to a reserved area or a part of a reserved area, of signs containing directions to be followed by, warnings for the guidance of, and requirements to be observed by, persons entering the reserved area or that part of the reserved area. (2) A person in a reserved area shall not contravene a direction or requirement on a sign erected in pursuance of subsection (1). Maximum penalty: 10 penalty units. (3) Unless the contrary is proved, evidence that a sign was erected at or near the entrance to a reserved area or a part of a reserved area is evidence that it was erected with the authority of the conservator. NATURE CONSERVATION ACT 1980 - SECT 66 Rubbish and fires in reserved areas (1) A person shall not, in a reserved area, cause any rubbish or litter to be placed elsewhere than in a receptacle provided for the purpose by the conservator. Maximum penalty: 10 penalty units. (2) A person shall not, in a reserved area, light, maintain or use a fire otherwise than in-- (a) a portable barbecue or portable stove, being a barbecue or stove in which heat is provided by the combustion of liquefied petroleum gas; or (b) a fireplace made available by the conservator; or (c) a location approved by the conservator. Maximum penalty: 50 penalty units. (3) It is a defence to a prosecution for an offence against subsection (2)-- (a) that the fire was lit, maintained or used by the defendant in circumstances that constituted an emergency; or (b) that the defendant had no reasonable grounds for suspecting that the fire was within a reserved area. NATURE CONSERVATION ACT 1980 - SECT 67 Activities in reserved areas (1) A person shall not, in a reserved area, without the consent in writing of the conservator-- (a) drive or park a motor vehicle except on a road or track or in a part of the reserved area that is designated to be an area in which the driving or parking of motor vehicles is permitted; or (b) moor a vessel except in a part of the reserved area that is designated to be an area in which the mooring of vessels is permitted; or (c) camp except in a part of the reserved area that is designated to be an area in which camping is permitted; or (d) erect a building, booth, stall, post, sign or other structure; or (e) supply goods or services; or (f) plant a plant; or (g) deposit garden waste, soil or landscaping material that contains plant material capable of propagating. Maximum penalty: 30 penalty units. (2) A person shall not, in a reserved area, without the consent in writing of the conservator, use or possess-- (a) a firearm of any kind; or (b) a spear, spear gun, bow or arrow; or (c) a trap, net, snare or other device designed, or capable of use, for the taking or capturing of animals; or (d) any substance that is capable of being used for the taking or capturing of animals. Maximum penalty: 50 penalty units. (3) A person shall not, in a reserved area, without the consent in writing of the conservator-- (a) damage or destroy a natural or constructed structure or feature; or (b) damage or destroy a site, or remove an object, of historical, archaeological, palaeontological or geological interest. Maximum penalty: 50 penalty units. (4) For the purposes of subsection (1) (a), driving or parking a motor vehicle is not to be taken to be permitted on or adjacent to a road to which access is barred by a gate or a barrier. (5) The conservator shall not give consent under subsection (1) in respect of any of the matters referred to in subsection (1) (d) or (e) where the reserved area is, or forms part of, a wilderness area. (6) Subsection (2) does not apply to the use or possession of a firearm by a police officer in the course of his or her duties as a police officer. NATURE CONSERVATION ACT 1980 - SECT 68 Taking animals and plants into reserved areas (1) A person shall not-- (a) without the consent in writing of the conservator, take into, or knowingly permit to enter, a reserved area an animal other than a native animal; or (b) take a pest plant into a reserved area. Maximum penalty: 5 penalty units. (2) Subsection (1) does not apply to or in relation to the taking by a blind person of his or her guide dog into a reserved area. (3) In a prosecution for an offence against subsection (1), evidence that a person had an animal in possession in a reserved area is evidence that the person took the animal into or knowingly permitted the animal to enter, the reserved area. NATURE CONSERVATION ACT 1980 - SECT 69 Powers of conservation officers in reserved areas (1) A conservation officer may, in a reserved area-- (a) require any person whom he or she finds acting, or whom he or she reasonably suspects of having acted, in an offensive manner, or in such a manner as to create a public nuisance, to leave the reserved area; and (b) require any person whom he or she reasonably suspects of having done an act in respect of which the person is required to hold an authority under this Act to produce the authority or evidence of the authority. (2) Where a conservation officer makes a requirement of a person under subsection (1), the conservation officer shall produce his or her identity card for inspection by that person and, if he or she fails to do so, that other person is not obliged to comply with the requirement. (3) Subject to subsection (2), a person shall not, without reasonable excuse, contravene a requirement made of him or her by a conservation officer under subsection (1). Maximum penalty: 50 penalty units. (4) It is a defence to a prosecution for an offence against this section of contravening a requirement to produce an authority or evidence of an authority for the doing of an act if the authority or evidence is, within 2 working days after the requirement was made, produced at the office of the conservator for inspection by a person apparently employed at that office. (5) In this section: "authority" includes a licence. NATURE CONSERVATION ACT 1980 - SECT 70 Offences in wilderness areas A person shall not, in a wilderness area-- (a) excavate, except in accordance with a licence; or (b) establish a track or road; or (c) use a motor vehicle except on a track or road that-- (i) was formed for the use of vehicles having 4 or more wheels; and (ii) was in existence at the time of the declaration of the wilderness area. Maximum penalty: 50 penalty units. NATURE CONSERVATION ACT 1980 - SECT 71 Compensation (1) In a prosecution for an offence against this part involving damage to a reserved area, the court may, in addition to the penalty that may be imposed, order the defendant to pay to the Territory an amount equal to the amount incurred or to be incurred by the Territory in making good the damage. (2) Where the court makes an order under subsection (1), the same proceedings may be taken upon the order as if it were a judgment of the Magistrates Court entered in civil proceedings in favour of the Territory. NATURE CONSERVATION ACT 1980 - SECT 72 Restoration of excavation sites by permit holders (1) A person who excavates a site in a wilderness area in accordance with a licence shall, after completing the excavation, restore the site excavated and its surroundings as far as possible to their former state. (2) If, in the opinion of the conservator based on reasonable grounds, a person fails to comply with subsection (1), that person shall pay to the Territory an amount equal to any amount incurred by the Territory in restoring the site excavated and its surroundings to their former state. NATURE CONSERVATION ACT 1980 - SECT 73 Definitions for div 8.2 In this division: "cause "serious or material harm, means substantially contribute directly or indirectly to the harm. "native vegetation", in relation to an area, means any of the following kinds of vegetation indigenous to the area: (a) trees; (b) understorey plants; (c) groundcover consisting of any kind of grass or herbaceous vegetation; (d) plants occurring in a wetland or stream. "Ramsar wetland" means a declared Ramsar wetland under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), section 17. NATURE CONSERVATION ACT 1980 - SECT 74 Meaning of clearing native vegetation (1) In this division: "clearing" native vegetation includes any of the following: (a) cutting down, felling, thinning, logging or removing native vegetation; (b) burning native vegetation; (c) doing anything else that kills or is likely to kill native vegetation. (2) Native vegetation is cleared in an area if vegetation cleared in the area is substantially native vegetation. NATURE CONSERVATION ACT 1980 - SECT 75 Meaning of clearing causing serious harm to reserved area (1) The clearing of native vegetation in a reserved area causes "serious harm "to the area if-- (a) it causes the loss of an endangered ecological community or part of an endangered ecological community; or (b) it causes a substantial loss of habitat of native flora or fauna; or (c) it happens in a Ramsar wetland; or (d) the total area cleared of native vegetation is more than 2 hectares; or (e) the cost of action needed to restore native vegetation to the area cleared is more than the prescribed amount. (2) In this section: "prescribed amount "means-- (a) $50 000; or (b) if a higher amount is prescribed under the regulations--that amount. NATURE CONSERVATION ACT 1980 - SECT 76 Meaning of clearing causing material harm to reserved area (1) The clearing of native vegetation in a reserved area causes "material harm "to the area if-- (a) it happens in a wetland other than a Ramsar wetland; or (b) the total area cleared of native vegetation is more than 0.2 hectares but not more than 2 hectares; or (c) the cost of action needed to restore native vegetation to the area cleared is within the prescribed range. (2) In this section: "prescribed range "means-- (a) more than $5 000 but not more than $50 000; or (b) if a higher range is prescribed under the regulations--that range. NATURE CONSERVATION ACT 1980 - SECT 77 Clearing causing serious harm (1) A person commits an offence if-- (a) the person clears native vegetation in a reserved area; and (b) the clearing causes serious harm to the area; and (c) the person is reckless about whether-- (i) the vegetation is native vegetation; and (ii) the area cleared is in a reserved area; and (iii) the clearing causes serious harm to the reserved area. Maximum penalty: 2 000 penalty units, imprisonment for 5 years or both. (2) A person commits an offence if-- (a) the person clears native vegetation in a reserved area; and (b) the clearing causes serious harm to the area; and (c) the person is negligent about whether-- (i) the vegetation is native vegetation; and (ii) the area cleared is in a reserved area; and (iii) the clearing causes serious harm to the reserved area. Maximum penalty: 1 500 penalty units, imprisonment for 3 years or both. (3) A person commits an offence if-- (a) the person clears native vegetation in a reserved area; and (b) the clearing causes serious harm to the reserved area. Maximum penalty: 1 000 penalty units. (4) An offence against subsection (3) is a strict liability offence. (5) It is a defence to a prosecution for an offence against subsection (3) if the defendant proves that the defendant took all reasonable steps to avoid committing the offence. NATURE CONSERVATION ACT 1980 - SECT 78 Clearing causing material harm (1) A person commits an offence if-- (a) the person clears native vegetation in a reserved area; and (b) the clearing causes material harm to the area; and (c) the person is reckless about whether-- (i) the vegetation is native vegetation; and (ii) the area cleared is in a reserved area; and (iii) the clearing causes material harm to the reserved area. Maximum penalty: 1 000 penalty units, imprisonment for 2 years or both. (2) A person commits an offence if-- (a) the person clears native vegetation in a reserved area; and (b) the clearing causes material harm to the area; and (c) the person is negligent about whether-- (i) the vegetation is native vegetation; and (ii) the area cleared is in a reserved area; and (iii) the clearing causes material harm to the reserved area. Maximum penalty: 750 penalty units, imprisonment for 1 year or both. (3) A person commits an offence if-- (a) the person clears native vegetation in a reserved area; and (b) the clearing causes material harm to the area. Maximum penalty: 500 penalty units. (4) An offence against subsection (3) is a strict liability offence. (5) It is a defence to a prosecution for an offence against subsection (3) if the defendant proves that the defendant took all reasonable steps to avoid committing the offence. NATURE CONSERVATION ACT 1980 - SECT 79 Clearing generally (1) A person commits an offence if the person clears native vegetation in a reserved area. Maximum penalty: 100 penalty units. (2) An offence against this section is a strict liability offence. (3) It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant took all reasonable steps to avoid committing the offence. NATURE CONSERVATION ACT 1980 - SECT 80 Lawful clearing Section 77, section 78 and section 79 do not apply to the clearing of native vegetation-- (a) in accordance with a licence under this Act; or (b) in accordance with a development approval under the Planning and Development Act 2007, chapter 7; or (c) in accordance with a fuel management plan under the Bushfire Act 1936, part 6 (Bushfire-prone government land); or (d) in accordance with a strategic bushfire management plan under the Emergencies Act 2004. NATURE CONSERVATION ACT 1980 - SECT 81 Alternative verdicts for offences against s 77 and s 78 (1) This section applies if, in a prosecution for a relevant offence, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an alternative offence. (2) The trier of fact may find the defendant guilty of the alternative offence but only if the defendant has been given procedural fairness in relation to that finding of guilt. (3) In this section: "alternative offence", in relation to a relevant offence, means an offence mentioned in table 81, column 3 for the offence. "relevant offence" means an offence mentioned in table 81, column 2. Table 81 column 1 item column 2 relevant offence column 3 alternative offence 1 section 77 (1) (clearing, recklessly causing serious harm) section 77 (2) (clearing, negligently causing serious harm) section 77 (3) (clearing, causing serious harm) 2 section 77 (2) (clearing, negligently causing serious harm) section 77 (3) (clearing, causing serious harm) 3 section 78 (1) (clearing, recklessly causing material harm) section 78 (2) (clearing, negligently causing material harm) section 78 (3) (clearing, causing material harm) 4 section 78 (2) (clearing, negligently causing material harm) section 78 (3) (clearing, causing material harm) NATURE CONSERVATION ACT 1980 - SECT 82 Order for restoration etc--clearing offences (1) This section applies if a court convicts or finds a person guilty of an offence against any of the following sections in relation to the clearing of native vegetation in a reserved area: (a) section 77 (Clearing causing serious harm); (b) section 78 (Clearing causing material harm); (c) section 79 (Clearing generally). (2) The court may, in addition to or instead of any other penalty it may impose for the offence, order the person to do any of the following: (a) take any action the court considers appropriate, including action-- (i) to mitigate the effect of the clearing; and (ii) to restore native vegetation in the area cleared; (b) pay an amount to the Territory for reasonable costs incurred, or to be incurred, by the Territory in taking action-- (i) to mitigate the effect of the clearing; or (ii) to restore native vegetation in the area cleared; or (iii) to monitor the outcome of action ordered under paragraph (a) or action mentioned in subparagraph (i) or (ii). (3) The court may order the person to provide security for the performance of any obligation under the order. NATURE CONSERVATION ACT 1980 - SECT 83 Definitions for div 8.3 In this division: "cause "serious or material harm, means substantially contribute directly or indirectly to the harm. "damage", to land, includes the destruction of, or removal from, the land of any of the following: (a) clay; (b) gravel; (c) rock; (d) sand; (e) soil; (f) stone. Examples of damage to land 1 crushing rocks 2 contaminating soil 3 heaping rocks, stones, gravel, sand, clay or soil 4 altering the soil profile Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). NATURE CONSERVATION ACT 1980 - SECT 84 Meaning of damage causing serious harm to reserved area (1) Damage to land in a reserved area causes serious harm to the area if-- (a) it causes the loss of an endangered ecological community or part of an endangered ecological community; or (b) it causes a substantial loss of habitat of native flora or fauna; or (c) the total area damaged is more than 2 hectares; or (d) the cost of action needed to rehabilitate the land damaged is more than the prescribed amount. (2) In this section: "prescribed amount "means-- (a) $50 000; or (b) if a higher amount is prescribed under the regulations--that amount. NATURE CONSERVATION ACT 1980 - SECT 85 Meaning of damage causing material harm to a reserved area (1) Damage to land in a reserved area causes material harm to the area if the cost of action needed to rehabilitate the area damaged is within the prescribed range. (2) In this section: "prescribed range "means-- (a) more than $5 000 but not more than $50 000; or (b) if a higher range is prescribed under the regulations--that range. NATURE CONSERVATION ACT 1980 - SECT 86 Damage causing serious harm (1) A person commits an offence if-- (a) the person damages land in a reserved area; and (b) the damage causes serious harm to the area; and (c) the person is reckless about whether-- (i) the land damaged is in a reserved area; and (ii) the damage causes serious harm to the area. Maximum penalty: 2 000 penalty units, imprisonment for 5 years or both. (2) A person commits an offence if-- (a) the person damages land in a reserved area; and (b) the damage causes serious harm to the area; and (c) the person is negligent about whether-- (i) the land damaged is in a reserved area; and (ii) the damage causes serious harm to the area. Maximum penalty: 1 500 penalty units, imprisonment for 3 years or both. (3) A person commits an offence if-- (a) the person damages land in a reserved area; and (b) the damage causes serious harm to the area. Maximum penalty: 1 000 penalty units. (4) An offence against subsection (3) is a strict liability offence. (5) It is a defence to a prosecution for an offence against subsection (3) if the defendant proves that the defendant took all reasonable steps to avoid committing the offence. NATURE CONSERVATION ACT 1980 - SECT 87 Damage causing material harm (1) A person commits an offence if-- (a) the person damages land in a reserved area; and (b) the damage causes material harm to the area; and (c) the person is reckless about whether-- (i) the land damaged is in a reserved area; and (ii) the damage causes material harm to the area. Maximum penalty: 1 000 penalty units, imprisonment for 2 years or both. (2) A person commits an offence if-- (a) the person damages land in a reserved area; and (b) the damage causes material harm to the area; and (c) the person is negligent about whether-- (i) the land damaged is in a reserved area; and (ii) the damage causes material harm to the area. Maximum penalty: 750 penalty units, imprisonment for 1 year or both. (3) A person commits an offence if-- (a) the person damages land in a reserved area; and (b) the damage causes material harm to the area. Maximum penalty: 500 penalty units. (4) An offence against subsection (3) is a strict liability offence. (5) It is a defence to a prosecution for an offence against subsection (3) if the defendant proves that the defendant took all reasonable steps to avoid committing the offence. NATURE CONSERVATION ACT 1980 - SECT 88 Damage causing harm (1) A person commits an offence if-- (a) the person damages land in a reserved area; and (b) the damage causes harm to the area. Maximum penalty: 100 penalty units. (2) An offence against this section is a strict liability offence. (3) It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant took all reasonable steps to avoid committing the offence. NATURE CONSERVATION ACT 1980 - SECT 89 Lawful damage Section 86, section 87 and section 88 do not apply to damage to land-- (a) in accordance with a licence under this Act; or (b) in accordance with a development approval under the Planning and Development Act 2007, chapter 7; or (c) in accordance with a fuel management plan under the Bushfire Act 1936, part 6 (Bushfire-prone government land); or (d) in accordance with a strategic bushfire management plan under the Emergencies Act 2004. NATURE CONSERVATION ACT 1980 - SECT 90 Alternative verdicts for offences against s 86 and s 87 (1) This section applies if, in a prosecution for a relevant offence, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an alternative offence. (2) The trier of fact may find the defendant guilty of the alternative offence but only if the defendant has been given procedural fairness in relation to that finding of guilt. (3) In this section: "alternative offence", in relation to a relevant offence, means an offence mentioned in table 90, column 3 for the offence. "relevant offence" means an offence mentioned in table 90, column 2. Table 90 column 1 item column 2 relevant offence column 3 alternative offence 1 section 86 (1) (damage, recklessly causing serious harm) section 86 (2) (damage, negligently causing serious harm) section 86 (3) (damage, causing serious harm) 2 section 86 (2) (damage, negligently causing serious harm) section 86 (3) (damage, causing serious harm) 3 section 87 (1) (damage, recklessly causing material harm) section 87 (2) (damage, negligently causing material harm) section 87 (3) (damage, causing material harm) 4 section 87 (2) (damage, negligently causing material harm) section 87 (3) (damage, causing material harm) NATURE CONSERVATION ACT 1980 - SECT 91 Order for rehabilitation etc--damage offences (1) This section applies if a court convicts or finds a person guilty of an offence against any of the following sections in relation to the damaging of land in a reserved area: (a) section 86 (Damage causing serious harm); (b) section 87 (Damage causing material harm); (c) section 88 (Damage causing harm). (2) The court may, in addition to or instead of any other penalty it may impose for the offence, order the person to do any of the following: (a) take any action the court considers appropriate, including action-- (i) to mitigate the effect of the damage; and (ii) to rehabilitate the land damaged as closely as possible to its condition before the damage; (b) pay an amount to the Territory for reasonable costs incurred, or to be incurred, by the Territory in taking action-- (i) to mitigate the effect of the damage; or (ii) to rehabilitate the land damaged as closely as possible to its condition before the damage; or (iii) to monitor the outcome of action ordered under paragraph (a) or action mentioned in subparagraph (i) or (ii). (3) The court may order the person to provide security for the performance of any obligation under the order. NATURE CONSERVATION ACT 1980 - SECT 92 Application for order (1) An application for an order under section 93 may be made to the Supreme Court by-- (a) the conservator; or (b) someone else with the court's leave. (2) The Supreme Court may grant leave under subsection (1) (b) only if satisfied that-- (a) the person has asked the conservator to apply for an order under section 93 and the conservator has failed to do so within a reasonable time; and (b) it is in the public interest that the proceeding should be brought. NATURE CONSERVATION ACT 1980 - SECT 93 Making of order (1) This section applies if, on an application under section 92, the Supreme Court is satisfied that-- (a) the respondent has contravened, is contravening or is likely to contravene this Act; and (b) an order under this section is necessary for the protection or conservation of native animals or plants or a reserved area. (2) The court may-- (a) make an order restraining the respondent from contravening this Act (including an order requiring the respondent to do something); and (b) make any other order the court considers appropriate for giving effect to that order. (3) The court may make the order whether or not it appears to the court that-- (a) the respondent intends to contravene this Act, contravene this Act again or continue to contravene this Act; or (b) the person has previously contravened this Act; or (c) the contravention affects, or is likely to affect, the health or safety of a person or damage property or the environment. NATURE CONSERVATION ACT 1980 - SECT 94 Interim order The Supreme Court may make an interim order under section 93 before deciding an application for an order under that section. NATURE CONSERVATION ACT 1980 - SECT 95 Costs--public interest In deciding the amount of costs to be awarded against a party to a proceeding under section 93 or section 94, the Supreme Court must take into account the public interest in protecting the environment. NATURE CONSERVATION ACT 1980 - SECT 96 Security for costs etc The Supreme Court may order an applicant for an order under section 93 to give-- (a) security for the payment of costs that may be awarded against the applicant if the application is subsequently dismissed; or (b) an undertaking about the payment of any amount that may be awarded against the applicant under section 97. NATURE CONSERVATION ACT 1980 - SECT 97 Compensation in relation to injunctive proceedings (1) This section applies if, on an application for an order under section 93 alleging a contravention of this Act, the Supreme Court is satisfied that-- (a) there has not been a contravention by the respondent; and (b) the respondent has suffered loss or damage because of the actions of the applicant in bringing the proceeding; and (c) in the circumstances it is appropriate to make an order under this section. (2) The court may, on the application of the respondent, in addition to any order about costs, order the applicant to pay the respondent an amount, decided by the court, to compensate the respondent for the loss or damage suffered by the respondent. NATURE CONSERVATION ACT 1980 - SECT 98 Definitions for pt 10 In this part: "activities" means-- (a) in relation to an agency which supplies gas, electricity, water or sewerage services--construction, repair or maintenance carried out by the agency in association with the supply of those services; or (b) the construction, repair and maintenance of navigation serving beacons and telecommunications towers; or (c) in relation to an agency responsible for the development of land--the agency's development activities. "agency" means-- (a) a supplier of gas, electricity, water or sewerage services; or (b) a person responsible for the construction, repair and maintenance of navigation serving beacons and telecommunications towers; or (c) a person responsible for a development of land. "controlled land" means-- (a) public land; or (b) Territory land that is not subject to a territory lease. "development", in relation to land, means-- (a) the erection, alteration or demolition of a building on the land; or (b) the carrying on of work on the land; or (c) the use or change of use of the land; or (d) the use or change of use of a building or works on the land; or (e) the subdivision or consolidation of the land. "land management objectives" means-- (a) in relation to public land--the management objectives applying to the land under the Planning and Development Act 2007, section 317; and (b) in relation to any controlled land-- (i) any objectives, policies or purposes specified in the Territory plan for that land; and (ii) the objective of the conservation of the qualities of the natural environment on, and in the vicinity of, the land. "management agreement" means an agreement under section 99 between the conservator and an agency. "natural environment" means all biological, physical and visual elements of the earth and its atmosphere, whether natural or modified. "public land" means land identified as such in the Territory plan. NATURE CONSERVATION ACT 1980 - SECT 99 Management agreements (1) The conservator may propose a management agreement to an agency if-- (a) the activities of the agency affect, or may affect, controlled land; and (b) in the opinion of the conservator, those activities may conflict with the land management objectives for that land. (2) A management agreement shall set out standards and conditions for avoiding or minimising any conflict with land management objectives for controlled land which might arise as a result of the agency's activities. (3) A management agreement may deal with matters including the following: (a) access to land; (b) fire management; (c) drainage; (d) management and maintenance of public or private facilities; (e) rehabilitation of land or public or private facilities; (f) indemnities; (g) emergency procedures; (h) internal stockpiling; (i) fencing; (j) feral animals and weed control. (4) A management agreement must not conflict with a development approval given under the Planning and Development Act 2007, chapter 7. NATURE CONSERVATION ACT 1980 - SECT 100 Formulation of agreements (1) The conservator shall consult with the agency in formulating a management agreement, and shall consider any representations made on behalf of the agency about the proposed agreement. (2) The conservator shall submit a proposed management agreement with an agency to the agency together with a notice stating the date of submission and the consequences under this part of-- (a) a refusal to sign the proposed agreement; and (b) breach of a term of the agreement, if the agreement is entered into. (3) If an agency decides to enter into a management agreement submitted to it under subsection (2), the agency shall return the agreement to the conservator, signed on behalf of the agency, within 28 days after the date of submission. NATURE CONSERVATION ACT 1980 - SECT 101 Refusal to enter into management agreement (1) If an agency refuses to enter into a management agreement, the Territory may recover from the agency any cost reasonably incurred by the Territory in connection with the repair of any damage to controlled land caused by the agency's activities. (2) An agency is to be taken to have refused to enter into a management agreement if-- (a) the agency notifies the conservator accordingly in writing; or (b) the agency does not return the agreement to the conservator in accordance with section 100 (3). NATURE CONSERVATION ACT 1980 - SECT 102 Activities inconsistent with management agreement If an agency enters into a management agreement, the Territory may recover from the agency any cost reasonably incurred by the Territory in connection with the repair of any damage to controlled land caused by activities of the agency inconsistent with the agreement. NATURE CONSERVATION ACT 1980 - SECT 103 Application (1) An application for a licence must be given to the conservator. Note 1 If a form is approved under s 137 for an application, the form must be used. Note 2 A fee may be determined under s 139 for this section. (2) On written notice from the conservator, an applicant for a licence shall give the conservator such further information about the application, or such documentation, as is reasonably required. NATURE CONSERVATION ACT 1980 - SECT 104 Grant of licence (1) On application under section 103, the conservator shall, in accordance with section 106-- (a) grant a licence; or (b) refuse to grant a licence. (2) The conservator may grant a licence, in accordance with section 106-- (a) subject to any condition, including a condition referred to in section 105; and (b) for such duration as he or she thinks fit. NATURE CONSERVATION ACT 1980 - SECT 105 Conditions (1) The conditions subject to which a licence may be granted include the following: (a) conditions requiring compliance with a management plan approved by the conservator under subsection (4) for the activities to be undertaken pursuant to the licence; (b) different conditions in relation to species having special protection status, protected fish, protected invertebrates, protected native animals, protected native plants, exempt animals, controlled organisms and prohibited organisms. (2) Without limiting subsection (1), the conditions to which a licence may be granted for clearing native vegetation, or damaging land, in a reserved area, include the following: (a) a condition requiring the licensee to tell the conservator before beginning any activity to which the licence relates; (b) a condition requiring the licensee to restore native vegetation in the affected part of the reserved area, as closely as possible, to its condition before being cleared under the licence; (c) a condition requiring the licensee to rehabilitate land in the affected part of the reserved area, as closely as possible, to its condition before being damaged under the licence; (d) a condition requiring that any activity to which the licence relates must be carried out in accordance with a management plan approved under subsection (4). (3) A licence granted for the keeping of animals for public display shall be subject to the condition of compliance with a management plan approved by the conservator under subsection (4). (4) For the purposes of this section, the conservator may, in accordance with section 106, approve a management plan by written notice to the licensee. (5) Subject to this section, the conservator may, by written notice to a licensee, vary a condition of a licence in accordance with section 106. (6) The variation of a licence condition under subsection (5) takes effect from the date of the notice under that subsection, or from a later date specified in the notice. NATURE CONSERVATION ACT 1980 - SECT 106 Licensing criteria (1) The conservator shall not grant a licence, or impose or vary a licence condition, except in accordance with the criteria determined under subsection (2). (2) The Minister may, in writing, determine criteria for-- (a) the grant or refusal of a licence; and (b) the imposition of conditions; and (c) determining the duration of a licence. (3) For the purposes of subsection (2), the Minister may determine different criteria in relation to-- (a) species having special protection status; and (b) protected native animals and protected native plants; and (c) other native animals and native plants; and (d) prohibited organisms and controlled organisms; and (e) any other animals, plants, fish and invertebrates. (4) A determination under subsection (2) is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. NATURE CONSERVATION ACT 1980 - SECT 107 Duration A licence remains in force for the period specified in the licence, unless sooner surrendered or cancelled. NATURE CONSERVATION ACT 1980 - SECT 108 Surrender (1) A licensee may surrender the licence by written notice to the conservator. (2) The surrender of a licence takes effect from the date of the notice of surrender, or from a later date specified in the notice. NATURE CONSERVATION ACT 1980 - SECT 109 Nature of rights conferred by licences The grant of a licence does not authorise the licensee to enter upon-- (a) land held in fee simple; or (b) land held under a lease granted by or in the name of the Commonwealth; or (c) land that is occupied by a person in pursuance of a licence granted to the person by the Territory or Commonwealth. NATURE CONSERVATION ACT 1980 - SECT 110 Cancellation The conservator may cancel a licence where-- (a) the licensee is convicted of an offence against this Act; or (b) the licensee fails to comply with a licence condition; or (c) since the granting of the licence, a change has occurred in relation to a matter that was taken into account in determining the application for the licence and the conservator is of the opinion that the change is such as to necessitate the cessation of the activity in respect of which the licence was granted. NATURE CONSERVATION ACT 1980 - SECT 111 Production of licences A licensee shall, within 2 working days of being so requested by a conservation officer, produce the licence at the office of the conservator for inspection by a person apparently employed at that office. Maximum penalty: (a) if the licence relates to an animal with special protection status--10 penalty units; or (b) in any other case--5 penalty units. NATURE CONSERVATION ACT 1980 - SECT 112 Records to be kept by licence holders (1) A holder of a licence relating to animals who keeps an animal, not being an exempt animal shall keep such records as are prescribed. (2) A holder of a licence relating to live fish who keeps live fish shall keep such records as are prescribed. (3) A holder of a licence relating to native plants who sells or exports from the Territory such plants shall keep such records as are prescribed. Maximum penalty: (a) if the animal or fish kept, or plant sold or exported, as the case requires, has special protection status--20 penalty units; or (b) in any other case--10 penalty units. NATURE CONSERVATION ACT 1980 - SECT 113 Production of records A person who is, by virtue of section 112, required to keep records shall, within 2 working days of being so requested by a conservation officer, produce at the office of the conservator for inspection by a person apparently employed at that office such records as the firstmentioned person is so required to keep. Maximum penalty: 50 penalty units. NATURE CONSERVATION ACT 1980 - SECT 114 Meaning of reviewable decision--pt 12 In this part: "reviewable decision" means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. NATURE CONSERVATION ACT 1980 - SECT 115 Reviewable decision notices If the conservator makes a reviewable decision, the conservator must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note 1 The conservator must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. NATURE CONSERVATION ACT 1980 - SECT 116 Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. NATURE CONSERVATION ACT 1980 - SECT 127 Royalty (1) A licensee shall pay to the Territory royalty at the prescribed rate in relation to the sale or disposal of-- (a) native animals; or (b) native plants; or (c) native timber; taken or removed in accordance with the licence. (3) A rate of royalty prescribed for the purposes of this section may be expressed-- (a) as a flat rate in respect of each animal or plant; or (b) as a proportion of the amount received by the licensee for the sale or disposal. (4) Different rates of royalty may be prescribed in relation to native timber depending on-- (a) the type of timber; and (b) whether the land from which the timber was taken is-- (i) held under lease from the Commonwealth; or (ii) occupied by a person in pursuance of a licence granted to him or her by the Territory or Commonwealth. (5) Royalty is not payable in respect of animals, plants or timber-- (a) that is included in a prescribed class; or (b) that is taken in a prescribed part of the Territory; or (c) that is taken during a prescribed period; or (d) that is taken by a person included in a prescribed class of persons. NATURE CONSERVATION ACT 1980 - SECT 128 Provisions not to apply to conservation officers The following provisions do not apply to a conservation officer in the exercise of a function under this Act: (a) section 43 (Nest of native animals); (b) section 44 (Killing native animals); (c) section 45 (Taking native animals); (d) section 46 (Keeping animals); (e) section 49 (Release of animals from captivity); (f) section 51 (Taking plants); (g) section 52 (Preservation of native timber); (h) section 56 (Possession of prohibited organisms); (i) section 57 (Controlled organisms); (j) section 66 (Rubbish and fires in reserved areas); (k) section 67 (Activities in reserved areas); (l) section 68 (Taking animals and plants into reserved areas); (m) section 77 (Clearing causing serious harm); (n) section 78 (Clearing causing material harm); (o) section 79 (Clearing generally); (p) section 86 (Damage causing serious harm); (q) section 87 (Damage causing material harm); (r) section 88 (Damage causing harm). NATURE CONSERVATION ACT 1980 - SECT 129 Act not to apply to certain appointed people This Act does not apply in relation to a person appointed for the purposes of the Electricity Safety Act 1971, section 33 (Connecting electrical installations to network--inspections) in the exercise of his or her powers under that section as a person so appointed. NATURE CONSERVATION ACT 1980 - SECT 130 Power of entry and search (1) In this section: "animal" means-- (a) an animal other than an exempt animal; or (b) a live fish. "plant" means a native plant. (2) For the purposes of this Act, a conservation officer may, at such times, and at such intervals, as are reasonable, enter land or premises on which any animal or plant is kept in accordance with a licence and-- (a) search the land or premises; and (b) inspect the animal or plant; and (c) inspect the accounts, books, documents and other records relating to the animal or plant. (3) A conservation officer may-- (a) where he or she has reasonable grounds for suspecting that an animal or plant is on land or premises in contravention of this Act--at any reasonable time, enter the land or premises and carry out a search of the land or premises; and (b) where he or she has reasonable grounds for suspecting that an animal or plant is contained in a vehicle or vessel in contravention of this Act-- (i) stop and search the vehicle or vessel; or (ii) stop the vehicle or vessel and require it to be taken to another place in the Territory where a search may conveniently be carried out. (4) Where a conservation officer, in pursuance of subsection (2) or (3), enters land or premises, stops a vehicle or vessel or requires a person to take the action referred to in subsection (3) (b) (ii), the conservation officer shall, if requested by the occupier or person in charge of the land or premises, or the person in charge of the vehicle or vessel, produce his or her identity card for inspection by that person, and if he or she fails to do so-- (a) where the conservation officer has entered land or premises--he or she is not authorised to remain on the land or premises; and (b) where the conservation officer has stopped a vehicle or vessel--he or she is not authorised to search the vehicle or vessel; and (c) where the conservation officer has required a person to take the action referred to in subsection (3) (b) (ii)--that person is not obliged to comply with the requirement. (5) A person shall not, without reasonable excuse-- (a) obstruct or hinder a conservation officer in the exercise of his or her powers under this section; or (b) except where subsection (4) (c) applies--contravene a requirement made by a conservation officer under this section. Maximum penalty (subsection (5)): 50 penalty units, imprisonment for 6 months or both. NATURE CONSERVATION ACT 1980 - SECT 131 Further powers of conservation officers (1) A conservation officer-- (a) may require any person whom he or she finds committing, or whom he or she reasonably suspects of having committed, an offence against this Act to state the person's full name and usual place of residence; and (b) if the person is in a reserved area--may require the person to leave the reserved area. (2) Where a conservation officer makes a requirement of a person under subsection (1), the conservation officer shall produce his or her identity card for inspection by that person and, if he or she fails to do so, that other person is not obliged to comply with the requirement. (3) Subject to subsection (2), a person shall not, without reasonable excuse, contravene a requirement made by a conservation officer under subsection (1). Maximum penalty (subsection (3)): 50 penalty units. NATURE CONSERVATION ACT 1980 - SECT 132 Seizure and release of bird wildlife (1) Where-- (a) a person is found by a conservation officer to be in possession of a bird that is a native animal, not being-- (i) a bird that is on premises occupied by the person; or (ii) an exempt animal; and (b) the conservation officer suspects on reasonable grounds that the bird is in the possession of the person in contravention of this Act; and (c) the person does not, upon being requested to do so by the conservation officer, produce for inspection by the conservation officer a licence in accordance with which the person is entitled to have the bird in his or her possession; and (d) the conservation officer believes on reasonable grounds that-- (i) the bird is suffering pain or is in a state of distress; or (ii) the keeping of the bird in captivity, or in captivity of the kind in which it is being kept by the person, is likely to endanger the life of, or cause distress or otherwise be harmful to, the bird; the conservation officer may, subject to subsection (2), seize the bird and, if the conservation officer believes on reasonable grounds that the welfare of the bird can be best provided for by releasing the bird from captivity, he or she may release it. (2) A conservation officer is not entitled to seize a bird under subsection (1) if, on the request of the person in whose possession the bird is found, the conservation officer fails to produce his or her identity card for inspection by that person. NATURE CONSERVATION ACT 1980 - SECT 133 Seizure and forfeiture of animals and plants (1) In this section: "animal" includes a live fish. "plant" means a native plant. (2) A conservation officer may seize any animal, plant, substance or thing in connection with which he or she believes, on reasonable grounds, an offence against this Act has been committed. (3) Where-- (a) an animal, plant, substance or thing is seized under subsection (2); and (b) a prosecution for an offence against this Act relating to the animal, plant, substance or thing is not instituted within 6 months of the seizure; the animal, plant, substance or thing shall, upon the expiration of that period, be returned to the person from whom it was seized. (4) Where, in proceedings for an offence against this Act-- (a) the defendant is a person from whom an animal, plant, substance or thing has been seized under subsection (2); and (b) the court does not find the offence proved; the animal, plant, substance or thing, as the case may be, shall be returned to the defendant. (5) Where, in proceedings for an offence against this Act, the court finds the offence proved, the court may declare that any animal or plant the subject of the offence, or any substance or thing used in or in connection with the commission of the offence, be forfeited to the Territory. (6) Where an animal, plant, substance or other thing is forfeited to the Territory by virtue of a declaration under subsection (5), it shall be destroyed or otherwise dealt with in such manner as the Minister directs. (7) This section has effect subject to section 134. NATURE CONSERVATION ACT 1980 - SECT 134 Release of animals--court orders (1) In this section: "animal" includes a live fish. (2) Where the conservator is of the opinion that an animal seized under section 133 (2) is likely to die or suffer pain or be subjected to distress unless it is released from captivity, the conservator may apply to the Magistrates Court for an order that the animal be released from captivity. (3) An application under subsection (2) shall clearly state the reasons for seeking the order. (4) An application under subsection (2) shall only be made before a prosecution is initiated for an offence against this Act in relation to the relevant animal or during such a prosecution. (5) The court may, before determining an application under subsection (2), require notice of the application to be given to such persons as the court thinks fit. (6) On determining an application under subsection (1), the court-- (a) may make an order that the animal be released from captivity; or (b) dismiss the application. (7) Where the court makes an order for the release of an animal, it may give such directions relating to observations to be made, and records to be kept, in respect of the animal as the court thinks fit and the animal shall not be released until those directions have been complied with. (8) Where an animal is released from captivity in accordance with this section and-- (a) a prosecution for an offence against this Act relating to the animal is not instituted; or (b) where such a prosecution is instituted--the court does not find the offence proved; there is due to the person from whom the animal was seized by the Territory such amount as is necessary to compensate the person for the loss suffered by the person as a result of the release of the animal. NATURE CONSERVATION ACT 1980 - SECT 135 Acts and omissions of representatives (1) In this section: "person" means an individual. Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility. "representative", of a person, means an employee or agent of the person. "state of mind", of a person, includes-- (a) the person's knowledge, intention, opinion, belief or purpose; and (b) the person's reasons for the intention, opinion, belief or purpose. (2) This section applies to a prosecution for any offence against this Act. (3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show-- (a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and (b) the representative had the state of mind. (4) An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative's actual or apparent authority is also taken to have been done or omitted to be done by the person. (5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission. (6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4). NATURE CONSERVATION ACT 1980 - SECT 136 Criminal liability of executive officers (1) An executive officer of a corporation commits an offence if-- (a) the corporation contravenes a provision of this Act; and (b) the contravention is an offence against this Act (a relevant offence); and (c) the officer was reckless about whether, the contravention would happen; and (d) the officer was in a position to influence the conduct of the corporation in relation to the contravention; and (e) the officer failed to take all reasonable steps to prevent the contravention. Maximum penalty: The maximum penalty that may be imposed for the commission of the relevant offence by an individual. (2) This section applies whether or not the corporation is prosecuted for, or convicted of, the relevant offence. (3) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must have regard to the following: (a) any action the officer took directed towards ensuring the following (to the extent that the action is relevant to the act or omission): (i) that the corporation arranges regular professional assessments of the corporation's compliance with the contravened provision; (ii) that the corporation implements any appropriate recommendation arising from such an assessment; (iii) that the corporation's employees, agents and contractors have a reasonable knowledge and understanding of the requirement to comply with the contravened provision; (b) any action the officer took when the officer became aware that the contravention was, or might be, about to happen. (4) Subsection (3) does not limit the matters to which the court may have regard. (5) This section does not apply if the corporation would have a defence to a prosecution for the relevant offence. NATURE CONSERVATION ACT 1980 - SECT 137 Approved forms (1) The conservator may approve forms for this Act. (2) If the conservator approves a form for a particular purpose, the approved form must be used for that purpose. Note For other provisions about forms, see the Legislation Act, s 255. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001. NATURE CONSERVATION ACT 1980 - SECT 138 Evidence In any proceedings for an offence against this Act, a certificate signed by the conservator stating-- (a) that the person specified in the certificate was, on the date or during the period specified in the certificate, the holder of a licence of the kind specified in the certificate; or (b) that a licence of the kind specified in the certificate granted to the person specified in the certificate was granted subject to the conditions specified in the certificate; is evidence of the matters so stated. NATURE CONSERVATION ACT 1980 - SECT 139 Determination of fees (1) The Minister may , in writing, determine fees for this Act. Note The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3). (2) A determination under this section is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. NATURE CONSERVATION ACT 1980 - SECT 140 Regulation-making power (1) The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. (2) The regulations may provide for the imposition of fees to be charged for access to reserved areas. (3) The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations. NATURE CONSERVATION ACT 1980 - SCHEDULE 1 Schedule 1 Reviewable decisions (see pt 12) column 1item column 2section column 3decision column 4entity 1 60 give directions occupier of land given directions 2 61 give directions owner of animal or plant given directions 3 63 restrict access to reserved area or part of reserved area entity (including entity within class) restricted from accessing area 4 63 prohibit access to reserved area or part of reserved area entity that has interests affected by prohibition 5 67 (1), (2) or (3) refuse to grant consent entity that seeks consent 6 68 (1) refuse to grant consent entity that seeks consent 7 104 (1) (a) grant licence entity that has interests affected by licence 8 104 (1) (b) refuse to grant licence applicant for licence 9 104 (2) (a) grant licence subject to conditions applicant for licence 10 104 (2) (b) grant licence for stated duration applicant for licence 11 105 (5) vary licence condition entity that has licence varied 12 110 cancel licence entity that has licence cancelled NATURE CONSERVATION ACT 1980 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act, contains definitions and other provisions relevant to these regulations. Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms: o ACAT o contravene o director-general (see s 163) o disallowable instrument (see s 9) o Executive o exercise o fire brigade o function o notifiable instrument (see s 10) o penalty unit (see s 133) o reviewable decision notice o rural fire service o territory lease o the Territory o working day. "action plan" means an instrument prepared under section 42. "activities", for part 10 (Management agreements)--see section 98. "agency", for part 10 (Management agreements)--see section 98. "animal" means any member, alive or dead, of the animal kingdom (other than humans, invertebrates, fish or imported animal products), and includes-- (a) eggs or parts of eggs; and (b) the skin, feathers, horns, shell, or any part of the skin or shell, of an animal; and (c) any other part of an animal; and (d) a protected fish or a protected invertebrate. "built-up area"--see the Emergencies Act 2004, dictionary. "cause"-- (a) for division 8.2 (Clearing native vegetation in reserved areas)--see section 73; and (b) for division 8.3 (Damaging land in reserved areas)--see section 83. "clearing", for division 8.2 (Clearing native vegetation in reserved areas)--see section 74. "committee" means the Flora and Fauna Committee established under section 13. "conservation officer" means a conservation officer under section 8. "conservator" means the Conservator of Flora and Fauna under section 7. "consultation period"-- (a) for a draft nature conservation strategy--see section 27 (1); or (b) for a draft action plan--see section 41 (1). "controlled land", for part 10 (Management agreements)--see section 98. "controlled organism" means an organism specified in a declaration under section 55 (2). "damage", to land, for division 8.3 (Damaging land in reserved areas)--see section 83. "development", for part 10 (Management agreements)--see section 98. "ecological community" means a group of ecologically related species with shared habitat characteristics that-- (a) may inhabit a particular place; and (b) may vary in composition within ecological limits; and (c) meet such additional criteria as may be prescribed. "endangered" means-- (a) in relation to an ecological community--an ecological community that is in immediate danger of extinction unless the circumstances and factors threatening its distribution, composition and viability as an ecological unit cease; and (b) in relation to a species-- (i) its likely extinction unless the circumstances and factors threatening its abundance, survival or evolution cease; or (ii) the reduction of its numbers or habitats to such a level that the species is in immediate danger of extinction. "exempt animal" means an animal specified in a declaration under section 34 (1) (b). "fish" includes the eggs of fish. "habitat" means an area-- (a) in which an organism, or a group of organisms, lives; or (b) in which an organism, or a group of organisms, has lived and into which the organism or group has the potential to be reintroduced. "imported animal product" means-- (a) a product-- (i) made or derived from any part of an animal, including the eggs, skin, feathers, horns or shell, or any part of the eggs, skin or shell; and (ii) lawfully processed, and obtained, outside the Territory; and (iii) imported into the Territory; or (b) a dead animal imported into the Territory. "land management objectives", for part 10 (Management agreements)--see section 98. "licence" means a licence granted under section 104. "management agreement", for part 10 (Management agreements)--see section 98. "material harm", to a reserved area-- (a) for division 8.2 (Clearing native vegetation in reserved areas)--see section 76; and (b) for division 8.3 (Damaging land in reserved areas)--see section 85. "member", in relation to the committee, means a member of the committee. "motor vehicle"--see the Road Transport (General) Act 1999, dictionary. "native animal"-- (a) for this Act generally--means an animal, other than a pest animal-- (i) of a kind indigenous to Australia; or (ii) of a kind indigenous to the Australian coastal sea or the seabed and subsoil beneath that sea; or (iii) of a kind indigenous to the continental shelf of Australia or the superjacent waters; or (iv) that is a migratory animal of a kind that periodically or occasionally visits Australia, the Australian coastal sea or the sea over the continental shelf of Australia; or (v) of a kind introduced into Australia, directly or indirectly, by Aboriginals before the year 1788; and (b) for part 7 (Conservation directions)--see section 58. "native plant" means-- (a) a plant of a kind indigenous to Australia; or (b) a plant of a kind indigenous to the Australian coastal sea or the seabed and subsoil beneath that sea; or (c) a plant of a kind indigenous to the continental shelf of Australia or the superjacent waters; or (d) a plant of a kind introduced into Australia, directly or indirectly, by Aboriginals before the year 1788; other than a pest plant. "native timber" means timber from a tree that is a native plant, whether living or dead, including-- (a) standing or fallen timber; and (b) any material from such a tree; but not including a tree seedling. "native vegetation", for division 8.2 (Clearing native vegetation in reserved areas)--see section 73. "natural environment", for part 10 (Management agreements)--see section 98. "newspaper" means a daily newspaper published and circulating in the Territory. pest animal--see the Pest Plants and Animals Act 2005, dictionary. pest plant--see the Pest Plants and Animals Act 2005, dictionary. "plant" means-- (a) any member, alive or dead, of the plant kingdom or the fungus kingdom; and (b) any part of such a member; and (c) seeds. "prohibited organism" means an organism of a kind specified in a declaration under section 55 (1). "protected fish" means a fish specified in a declaration under section 34 (1) (a). "protected invertebrate" means an invertebrate specified in a declaration under section 34 (1) (a). "protected native animal" means a native animal of a kind specified in a declaration under section 34 (1) (d). "protected native plant" means a native plant of a kind specified in a declaration under section 34 (1) (c). "public land", for part 10 (Management agreements)--see section 98. "Ramsar wetland", for division 8.2 (Clearing native vegetation in reserved areas)--see section 73. "reserved area" means an area of public land reserved under the Territory plan as a wilderness area, national park or nature reserve. "reviewable decision", for part 12 (Notification and review of decisions)--see section 114. "seed" includes the fruit or spore of a plant. "sell" includes-- (a) offer for sale; and (b) expose for sale; and (c) barter (or offer or expose for barter); and (d) exchange (or offer or expose for exchange); and (e) supply for value (or offer or expose for supply for value); and (f) supply for free (or offer or expose for supply for free), to gain or maintain custom, or otherwise for commercial gain. "serious harm"-- (a) to a reserved area-- (i) for division 8.2 (Clearing native vegetation in reserved areas)--see section 75; and (ii) for division 8.3 (Damaging land in reserved areas)--see section 84; and (b) to a person--see the Criminal Code, dictionary. "special protection status" means the status declared by the conservator under section 33 in relation to the members of a species. "species" means a group of native animals (including fish or invertebrates that are indigenous to the Territory) or native plants that-- (a) interbreed to produce fertile offspring; or (b) possess common characteristics derived from a common gene pool; and includes-- (c) a subspecies; and (d) a distinct population of organisms prescribed as being a species; but does not include a prescribed species. "subspecies" means a geographically separate population of a species, being a population that is characterised by morphological or biological differences from other populations of that species. "take", in relation to a plant, includes-- (a) gather, pluck, cut, pull up, dig up, remove or injure the plant; and (b) cause or permit the plant to be taken (within the extended meaning given by paragraph (a)). "threatening process", in relation to a species or ecological community, means a process that threatens, or may threaten, the survival, abundance or evolution of the species or community and includes the spreading of a pest animal or pest plant. "tree seedling" means a tree that is not more than 2m high. "unleased land" does not include-- (a) land held in fee simple; or (b) land that is occupied by a person in pursuance of a licence granted to him or her by the Territory or Commonwealth. "vessel" includes hovercraft. "wilderness area" means an area of public land reserved under the Territory plan as a wilderness area. NATURE CONSERVATION ACT 1980 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired 3 Legislation history This Act was originally a Commonwealth ordinance--the Nature Conservation Ordinance 1980 No 20 (Cwlth). The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day). As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day). Before 11 May 1989, ordinances commenced on notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12). After 11 May 1989 and before 10 November 1999, Acts commenced on notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 25). Legislation before becoming Territory enactment Nature Conservation Act 1980 A1980-20 notified 15 July 1980 commenced 5 June 1982 (Gaz 1982 No S110) as amended by Commonwealth Functions Statutes Review Act 1981 No 74 (Cwlth) ss 76-79 assented to 18 June 1981 ss 76-79 commenced 5 June 1982 (Cwlth Gaz 1982 No S110) Nature Conservation (Amendment) Ordinance 1982 Ord1982-22 notified 4 June 1982 commenced 5 June 1982 (Cwlth Gaz 1982 No S110) Nature Conservation (Amendment) Ordinance (No 2) 1982 Ord1982-62 notified 18 August 1982 commenced 1 December 1982 (Cwlth Gaz 1982 No S252) Nature Conservation (Amendment) Ordinance 1983 Ord1983-43 notified 29 September 1983 commenced 1 October 1983 (s 2) Nature Conservation (Amendment) Ordinance 1984 Ord1984-72 notified 5 December 1984 commenced 5 December 1984 Magistrates Court Ordinance 1985 Ord1985-67 sch pt 1 notified 19 December 1985 commenced 1 February 1986 (see s 2 and Cwlth Gaz 1986 No 63) Nature Conservation (Amendment) Ordinance 1986 Ord1986-65 notified 23 October 1986 commenced 23 October 1986 Nature Conservation (Amendment) Ordinance 1987 Ord1987-1 notified 30 January 1987 commenced 30 January 1987 Electricity and Water (Consequential Amendments) Ordinance 1988 Ord1988-31 sch notified 30 June 1988 commenced 1 July 1988 (s 2) Interim Territory Planning Ordinance 1988 Ord1988-88 sch notified 21 December 1988 s 1, s 2 commenced 21 December 1988 sch commenced 31 January 1989 (s 2 (2) and Cwlth Gaz 1989 No S38) Self-Government (Consequential Amendments) Ordinance 1989 Ord1989-38 sch 1 notified 10 May 1989 (Cwlth Gaz 1989 No S160) s 1, s 2 commenced 10 May 1989 (s 2 (1)) sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164) Legislation after becoming Territory enactment Nature Conservation (Amendment) Act 1989 A1989-4 notified 10 July 1989 commenced 10 July 1989 (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 25) Nature Conservation (Amendment) Act 1990 A1990-43 notified 7 November 1990 (Gaz 1990 No S76) commenced 7 November 1990 (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 25) Interim Planning (Consequential Amendments) Act 1990 A1990-60 sch notified 24 December 1990 (Gaz 1990 No S98) s 3 commenced 12 March 1991 (Cwlth Gaz 1991 No S62) sch commenced 24 December 1990 (s 2 (2)) Land (Planning and Environment) (Consequential Provisions) Act 1991 A1991-118 sch 1 pt 7 notified 15 January 1992 (Gaz 1992 No S3) s 1, s 2 commenced 15 January 1992 sch 1 pt 7 commenced 2 April 1992 (s 2 (2) and Gaz 1992 No 13) Acts Revision (Position of Crown) Act 1993 A1993-44 sch 2 notified 27 August 1993 (Gaz 1993 No S165) sch 2 commenced 27 August 1993 (s 2) Bushfire (Amendment) Act 1993 A1993-74 sch 2 notified 22 October 1993 (Gaz 1993 No S215) sch 2 commenced 22 October 1993 (s 2) Nature Conservation (Amendment) Act 1994 A1994-56 notified 5 October 1994 (Gaz 1994 No S196) s 1, s 2 commenced 5 October 1994 reminder commenced 11 October 1994 (s 2 (2) and Gaz 1994 No S222) Administrative Appeals (Consequential Amendments) Act 1994 A1994-60 sch 1 notified 11 October 1994 (Gaz 1994 No S197) s 1, s 2 commenced 11 October 1994 sch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250) Statute Law Revision (Penalties) Act 1994 A1994-81 sch notified 29 November 1994 (Gaz 1994 No S253) s 1, s 2 commenced 29 November 1994 sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269) Statutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch pt 1 notified 15 December 1994 (Gaz 1994 No S280) s 1, s 2 commenced 15 December 1994 sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293) Nature Conservation (Amendment) Act (No 2) 1994 A1994-110 notified 22 December 1994 (Gaz 1994 No S289) s 1, s 2 commenced 22 December 1994 ss 3-6, 8, 10-19, 21, 22, 25, 26, 28 and 29 commenced 8 Feb 1995 (s 2 (2) and Gaz 1995 No S41) remainder commenced 22 June 1995 (s 2 (3)) Annual Reports (Government Agencies) (Consequential Provisions) Act 1995 A1995-25 sch notified 5 September 1995 (Gaz 1995 No S212) commenced 5 September 1995 (s 2) Nature Conservation (Amendment) Act 1995 A1995-30 notified 3 October 1995 (Gaz 1995 No S243) ss 1-3 commenced 3 October 1995 remainder commenced 16 October 1995 (s 2 (2) and Gaz 1995 No S260) Statute Law Revision Act 1995 A1995-46 sch notified 18 December 1995 (Gaz 1995 No S306) commenced 18 December 1995 (s 2) Land (Planning and Environment) (Amendment) Act 1997 A1997-7 s 12 notified 22 April 1997 (Gaz 1997 No S92) ss 1-3 commenced 22 April 1997 s 12 commenced 24 June 1997 (s 2 (2)) Remuneration Tribunal (Consequential Amendments) Act 1997 A1997-41 sch 1 (as am by A2002-49 amdt 3.222) notified 19 September 1997 (Gaz 1997 No S264) s 1, s 2 commenced 19 September 1997 (s 2 (1)) sch 1 commenced 24 September 1997 (s 2 as am by A2002-49 amdt 3.222) Environment Protection (Consequential Provisions) Act 1997 A1997-93 sch 2 notified 1 December 1997 (Gaz 1997 No S380) s 1, s 2 commenced 1 December 1997 (s 2 (1)) sch 2 commenced 1 June 1998 (s 2 (3)) Statute Law Revision (Penalties) Act 1998 A1998-54 sch notified 27 November 1998 (Gaz 1998 No S207) s 1, s 2 commenced 27 November 1998 sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49) Road Transport Legislation Amendment Act 1999 A1999-79 sch 3 notified 23 December 1999 (Gaz 1999 No S65) s 1, s 2 commenced 23 December 1999 (IA s 10B) sch 3 commenced 1 March 2000 (s 2 and see Road Transport (General) Act 1999 A1999-77, s 2 (2) and Gaz 2000 No S5) Fisheries Act 2000 A2000-38 sch notified 20 July 2000 (Gaz 2000 No 29) s 1, s 2 commenced 20 July 2000 (IA s 10B) sch commenced 13 September 2000 (Gaz 2000 No 35) Utilities (Consequential Provisions) Act 2000 A2000-66 sch notified 20 December 2000 (Gaz 2000 No S68) s 1, s 2 commenced 20 December 2000 (IA s 10B) sch commenced 1 January 2001 (Gaz 2000 No S69) Statute Law Amendment Act 2001 A2001-11 sch 1, sch 3 notified 29 March 2001 (Gaz 2001 No 13) commenced 29 March 2001 (s 2) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 258 (as am by A2001-70 amdt 1.14, amdt 1.15) notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 258 commenced 12 September 2001 (s 2 (1) and see Gaz 2001 No S65) Statute Law Amendment Act 2001 (No 2) 2001 A2001-56 pt 3.38 notified 5 September 2001 (Gaz 2001 No S65) s 1, s 2 commenced 5 September 2001 (IA s 10B) pt 3.38 commenced 5 September 2001 (s 2 (1)) Statute Law Amendment Act 2002 (No 2) A2002-49 pt 1.3, amdt 3.222 notified LR 20 December 2002 s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2)) pt 1.3 commenced 21 December 2002 (s 2 (3)) amdt 3.222 taken to have commenced 24 September 1997 (s 2 (3)) Land (Planning and Environment) (Compliance) Amendment Act 2003 A2003-34 sch 1 pt 1.5 notified LR 7 July 2003 s 1, s 2 commenced 7 July 2003 (LA s 75 (1)) sch 1 pt 1.5 commenced 1 September 2003 (s 2 and CN2003-8) Sexuality Discrimination Legislation Amendment Act 2004 A2004-2 sch 1 pt 1.11 notified LR 18 February 2004s 1, s 2 commenced 18 February 2004 (LA s 75 (1))sch 1 pt 1.11 commenced 22 March 2004 (s 2 and CN2004-4) Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.23 notified LR 19 March 2004 s 1, s 2 commenced 19 March 2004 (LA s 75 (1)) sch 1 pt 1.23 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.31 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 1 pt 1.31 commenced 9 April 2004 (s 2 (1)) Environment Legislation Amendment Act 2004 A2004-23 pt 2 notified LR 19 May 2004s 1, s 2 commenced 19 May 2004 (LA s 75 (1))pt 2 commenced 19 July 2004 (s 2 and CN2004-13) Emergencies Act 2004 A2004-28 sch 3 pt 3.14 notified LR 29 June 2004 s 1, s 2 commenced 29 June 2004 (LA s 75 (1)) amdt 3.47, amdt 3.48 commenced 19 July 2004 (s 2 (3) and see Environment Legislation Amendment Act 2004 s 2 and CN2004-13) sch 3 pt 3.14 remainder commenced 1 July 2004 (s 2 (1) and CN2004-11) Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.42 notified LR 12 May 2005s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))sch 3 pt 3.42 commenced 12 November 2005 (s 2 (2) and LA s 79) Pest Plants and Animals Act 2005 A2005-21 sch 1 pt 1.3 notified LR 12 May 2005s 1, s 2 commenced 12 May 2005 (LA s 75 (1))sch 1 pt 1.3 commenced 12 November 2005 (s 2 and LA s 79) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.70 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.70 commenced 12 April 2007 (s 2 (1)) Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.28 notified LR 20 June 2007 s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2)) sch 3 pt 3.28 commenced 11 July 2007 (s 2 (1)) Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.23 notified LR 13 September 2007s 1, s 2 commenced 13 September 2007 (LA s 75 (1)) sch 1 pt 1.23 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1) Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.40 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 3 pt 3.40 commenced 26 August 2008 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.76 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.76 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.116 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.116 commenced 1 July 2011 (s 2 (1)) Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.27 notified LR 31 August 2011 s 1, s 2 commenced 31 August 2011 (LA s 75 (1)) sch 3 pt 3.27 commenced 21 September 2011 (s 2 (1)) Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.26 notified LR 22 November 2011 s 1, s 2 commenced 22 November 2011 (LA s 75 (1)) sch 1 pt 1.26 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011-12, s 2 and CN2012-4) 4 Amendment history Long titlelong title am A1994-110 sch 2 Name of Acts 1 sub A2001-11 amdt 3.130 Dictionarys 2 sub A2001-11 amdt 3.130 Notess 3 sub A2001-11 amdt 3.130 Offences against Act--application of Criminal Code etcs 4 om A1993-44 sch 2 ins A2004-23 s 4 Relationship with Emergencies Acts 5 orig s 5 defs reloc to dict A2001-11 amdt 3.132 om R6 LRA def built-up area ins A1994-110 s 4 om A2001-11 amdt 3.131 def Chairman om 1981 No 74 (Cwlth) s 77 def Council om 1981 No 74 (Cwlth) s 77 def Department om Ord1989-38 sch 1 def motor vehicle sub A1999-79 sch 3 om A2001-11 amdt 3.131 def noxious animal om A1997-7 s 12 def noxious weed om A1997-7 s 12 def permit om A1994-110 s 4 def pest animal ins A1997-7 s 12 om A2001-11 amdt 3.131 def pest plant ins A1997-7 s 12 om A2001-11 amdt 3.131 def pick om A1994-110 s 4 def Plan ins A1991-118 sch 1 pt 7 om A2001-11 amdt 3.131 def reserved area sub A1991-118 sch 1 pt 7 om A2001-11 amdt 3.131 def restricted animal wildlife sub A1989-4 s 3 om A1994-110 s 4 def restricted plant wildlife sub A1989-4 s 3 om A1994-110 s 4 def timber om A1994-110 s 4 def Tribunal sub Ord1989-38 sch 1 om A1994-56 sch 1 def wilderness area ins A1991-118 sch 1 pt 7 om A2001-11 amdt 3.131 def wilderness zone om A1991-118 sch 1 pt 7 def wildlife om A1994-110 s 4 pres s 5 (prev s 6) am A1993-74 sch 2 sub A2004-28 amdt 3.46 renum as s 5 R15 LA (see A2004-23 s 13) Construction consistent with environment lawss 6 orig s 6 renum as s 5 pres s 6 (prev s 6A) ins A1997-93 renum as s 6 R15 LA (see A2004-23 s 13) Construction consistent with environment lawss 6A renum as s 6 Administrationpt IA hdg renum as pt 2 hdg The Conservator and the Servicept IA div 1 hdg renum as div 2.1 hdg Nature conservation strategies, declarations and action planspt 2 hdg orig pt 2 hdg om 1981 No 74 (Cwlth) s 79 prev pt 2 hdg renum as pt 3 hdg pres pt 2 hdg (prev pt IA hdg) ins A1994-56 s 5 renum as pt 2 hdg R6 LRA (see A2001-11 amdt 3.188) sub A2001-56 amdt 3.449 The conservator and the servicediv 2.1 hdg orig div 2.1 hdg renum as div 3.1 hdg pres div 2.1 hdg (prev pt IA div 1 hdg) ins A1994-56 s 5 renum as div 2.1 hdg R6 LRA (see A2001-11 amdt 3.188) Conservator of Flora and Faunas 7 am A1994-56 sch sub A1994-97 sch pt 1 am A2001-11 amdt 3.133 sub A2007-3 amdt 3.376 (2)-(4) exp 12 April 2008 (s 7 (4) (LA s 88 declaration applies)) am A2011-22 amdt 1.341 Conservation officerss 8 am A1994-56 sch sub A1994-97 sch pt 1 am A2001-11 amdt 3.133 sub A2007-3 amdt 3.376 (3)-(5) exp 12 April 2008 (s 8 (5) (LA s 88 declaration applies)) am A2011-22 amdt 1.341 Identity cardss 9 am A1994-56 sch sub A1994-97 sch pt 1 am A1998-54; A2001-11 amdt 3.134; A2007-3 amdt 3.377; A2011-22 amdt 1.341 Exercise of powerss 10 orig s 10 am 1981 No 74 (Cwlth) s 78; A1994-56 sch om A1994-97 sch pt 1 pres s 10 (prev s 13) am Ord1982-22 s 4; A1994-56 sch renum as s 10 R15 LA (see A2004-23 s 13) Delegation by conservators 11 orig s 11 am A1994-56 sch om A1994-97 sch pt 1 pres s 11 (prev s 14) am A1994-56 sch sub A1994-97 sch pt 1 renum as s 11 R15 LA (see A2004-23 s 13) sub A2007-16 amdt 3.123 Australian Capital Territory Parks and Conservation Services 12 orig s 12 am A1994-56 sch; A1994-81 sch om A1994-97 sch pt 1 pres s 12 (prev s 15) am A1991-118 sch 1 pt 7; A1994-56 sch; A1994-97 sch pt 1; A2001-11 amdt 3.135 renum as s 12 R15 LA (see A2004-23 s 13) Flora and Fauna Committeediv 2.2 hdg orig div 2.2 hdg renum as div 3.2 hdg pres div 2.2 hdg (prev pt IA div 2 hdg) ins A1994-56 s 6 renum as div 2.2 hdg R6 LRA (see A2001-11 amdt 3.188) Flora and Fauna Committeept IA div 2 sdivA renum as sdiv 2.2.1 hdghdg Establishment, functions and powerssdiv 2.2.1 hdg (prev pt IA div 2 sdiv A hdg) ins A1994-56 s 6 renum as sdiv 2.2.1 hdg R6 LRA Establishment of Flora and Fauna Committees 13 orig s 13 renum as s 10 pres s 13 (prev s 15A) ins A1994-56 s 6 renum as s 13 R15 LA (see A2004-23 s 13) sub A2007-16 amdt 3.124 Functionss 14 orig s 14 renum as s 11 pres s 14 (prev s 15B) ins A1994-56 s 6 renum as s 14 R15 LA (see A2004-23 s 13) am A2007-16 amdt 3.125 Directions to committees 15 orig s 15 renum as s 12 pres s 15 (prev s 15C) ins A1994-56 s 6 am A1995-25; A2004-9 amdt 1.31 renum as s 15 R15 LA (see A2004-23 s 13) Establishments 15A renum as s 13 Functionss 15B renum as s 14 Directions to committees 15C renum as s 15 Powerss 15D renum as s 16 Memberships 15E renum as s 17 Appointment of chairperson and deputy chairpersons 15F renum as s 18 Secretary to committees 15G renum as s 19 Remuneration and allowancess 15H ins A1994-56 s 6 om A1997-41 Leave of absences 15J renum as s 20 Disclosure of interestss 15K renum as s 21 Resignations 15L ins A1994-56 s 6 om A2001-11 amdt 3.138 Termination of appointments 15M renum as s 22 Acting memberss 15N ins A1994-56 s 6 om A2001-11 amdt 3.140 Convening meetingss 15P renum as s 23 Procedure at meetingss 15Q renum as s 24 Quorums 15R renum as s 25 Draft nature conservation strategys 15S renum as s 26 Variations 15T ins A1994-56 s 6 om A2001-44 amdt 1.2911 Public notification of draft nature conservation strategys 15U renum as s 27 Confirmation, revision, deferral or withdrawal of draft nature conservation strategys 15V renum as s 28 Submission or resubmission of draft nature conservation strategy to Ministers 15W renum as s 29 Minister's powers in relation to draft nature conservation strategys 15X renum as s 30 Notice of rejection of draft nature conservation strategys 15Y renum as s 31 Commencement of nature conservation strategy etcs 15Z renum as s 32 Powerss 16 orig s 16 om 1981 No 74 (Cwlth) s 79 prev s 16 renum as s 33 pres s 16 (prev s 15D) ins A1994-56 s 6 renum as s 16 R15 LA (see A2004-23 s 13) om A2007-16 amdt 3.126 Constitution and meetingspt IA div 2 sdivB renum as sdiv 2.2.2 hdghdg Constitution and meetingssdiv 2.2.2 hdg (prev pt IA div 2 sdiv B hdg) ins A1994-56 s 6 renum as sdiv 2.2.2 hdg R6 LRA Memberships 17 orig s 17 om 1981 No 74 (Cwlth) s 79 prev s 17 renum as s 34 pres s 17 (prev s 15E) ins A1994-56 s 6 am A2001-11 amdt 3.136 renum as s 17 R15 LA (see A2004-23 s 13) am A2007-16 amdt 3.127, amdt 3.128 Declaration of species, community or processpt 2 div 3 hdg renum as div 3.3 hdg Appointment of chairperson and deputy chairpersons 18 orig s 18 om 1981 No 74 (Cwlth) s 79 prev s 18 renum as s 35 pres s 18 (prev s 15F) ins A1994-56 s 6 renum as s 18 R15 LA (see A2004-23 s 13) Secretary to committees 19 orig s 19 om 1981 No 74 (Cwlth) s 79 prev s 19 renum as s 36 pres s 19 (prev s 15G) ins A1994-56 s 6 sub A2001-11 amdt 3.137 renum as s 19 R15 LA (see A2004-23 s 13) am A2011-22 amdt 1.341 Leave of absences 20 orig s 20 om 1981 No 74 (Cwlth) s 79 prev s 20 renum as s 37 pres s 20 (prev s 15J) ins A1994-56 s 6 renum as s 20 R15 LA (see A2004-23 s 13) Disclosure of interestss 21 orig s 21 om 1981 No 74 (Cwlth) s 79 prev s 21 renum as s 38 pres s 21 (prev s 15K) ins A1994-56 s 6 renum as s 21 R15 LA (see A2004-23 s 13) Termination of appointments 22 orig s 22 om 1981 No 74 (Cwlth) s 79 prev s 22 renum as s 39 pres s 22 (prev s 15M) ins A1994-56 s 6 am A2001-11 amdt 3.139 renum as s 22 R15 LA (see A2004-23 s 13) Action planspt 2 div 4 hdg renum as div 3.4 hdg Convening meetingss 23 orig s 23 om 1981 No 74 (Cwlth) s 79 prev s 23 renum as s 40 pres s 23 (prev s 15P) ins A1994-56 s 6 renum as s 23 R15 LA (see A2004-23 s 13) Variations 23A ins A1994-56 s 8 om A2001-44 amdt 1.2929 Public notification of draft action plans 23B renum as s 41 Preparation of action plans 23C renum as s 42 Public notification of action plans 23D ins A1994-56 s 8 om A2001-44 amdt 1.2932 Tabling and disallowancept 2 div 5 hdg renum as div 3.5 hdg Instruments to be disallowable instrumentss 23E ins A1994-56 s 8 am A2001-11 amdt 3.146 om A2001-44 amdt 1.2933 Procedure at meetingss 24 orig s 24 om 1981 No 74 (Cwlth) s 79 prev s 24 renum as s 43 pres s 24 (prev s 15Q) ins A1994-56 s 6 renum as s 24 R15 LA (see A2004-23 s 13) Quorums 25 orig s 25 renum as s 44 pres s 25 (prev s 15R) ins A1994-56 s 6 renum as s 25 R15 LA (see A2004-23 s 13) Nature conservation and declarationspt 3 hdg orig pt 3 hdg renum as pt 4 hdg pres pt 3 hdg (prev pt 2 hdg) ins A1994-56 s 6 sub A2001-11 amdt 3.141 renum as pt 3 hdg R6 LA (see A2001-11 amdt 3.188) Importation and exportation of animals and fishpt 3 div 3 hdg om A1989-4 Nature conservation strategydiv 3.1 hdg orig div 3.1 hdg om A1989-4 s 7 pres div 3.1 hdg (prev pt 2 div 1 hdg) ins A1994-56 s 6 renum as div 3.1 hdg R6 LA (see A2001-11 amdt 3.188) Draft nature conservation strategys 26 orig s 26 renum as s 45 pres s 26 (prev s 15S) ins A1994-56 s 6 am A2001-11 amdt 3.142; A2001-44 amdt 1.2910 renum as s 26 R15 LA (see A2004-23 s 13) Drum nets 26A ins A1994-110 s 7 am A1998-54 om A2000-38 s 121 sch Public notification of draft nature conservation strategys 27 orig s 27 renum as s 46 pres s 27 (prev s 15U) ins A1994-56 s 6 sub A2001-44 amdt 1.2912 renum as s 27 R15 LA (see A2004-23 s 13) am A2011-28 amdt 3.197 Confirmation, revision, deferral or withdrawal of draft nature conservation strategys 28 orig s 28 renum as s 47 pres s 28 (prev s 15V) ins A1994-56 s 6 sub A2001-44 amdt 1.2912 renum as s 28 R15 LA (see A2004-23 s 13) am A2011-28 amdt 3.197 Submission or resubmission of draft nature conservation strategy to Ministers 29 orig s 29 renum as s 48 pres s 29 (prev s 15W) ins A1994-56 s 6 sub A2001-44 amdt 1.2912 renum as s 29 R15 LA (see A2004-23 s 13) am A2011-28 amdt 3.197 Minister's powers in relation to draft nature conservation strategys 30 hdg (prev s 15X hdg) sub A2001-44 amdt 1.2913 (see A2001-70 amdt 1.14)s 30 orig s 30 am A1989-4 s 13; A1994-81 sch; A1994-110 sch 2 om A2000-38 s 121 sch pres s 30 (prev s 15X) ins A1994-56 s 6 am A2001-44 amdt 1.2913 (see A2001-70 amdt 1.14), amdt 1.2915, amdt 1.2916 renum as s 30 R15 LA (see A2004-23 s 13) am A2007-25 amdt 1.101 Notice of rejection of draft nature conservation strategys 31 orig s 31 om A1989-4 s 14 pres s 31 (prev s 15Y) ins A1994-56 s 6 sub A2001-44 amdt 1.2917 renum as s 31 R15 LA (see A2004-23 s 13) am A2011-28 amdt 3.197 Commencement of nature conservation strategy etcs 32 orig s 32 om A1989-4 s 14 pres s 32 (prev s 15Z) ins A1994-56 s 6 am A2001-11 amdt 3.143 sub A2001-44 amdt 1.2918 renum as s 32 R15 LA (see A2004-23 s 13) Declarations about special protection status and protected and exempt flora and faunadiv 3.2 hdg orig div 3.2 hdg om A1989-4 s 14 pres div 3.2 hdg (prev pt 2 div 2 hdg) ins A1994-56 s 6 sub and renum as div 2.2 hdg A2001-11 amdt 3.144 renum as div 3.2 hdg R6 LRA (see A2001-11 amdt 3.188) Special protection statuss 33 orig s 33 om A1989-4 s 14 pres s 33 (prev s 16) ins A1989-4 s 4 am A1994-56 s 7; A1994-110 s 5; A2001-44 amdts 1.2919-1.2921 renum as s 33 R15 LA (see A2004-23 s 13) am A2011-28 amdt 3.196 Declaration of protected and exempt flora and faunas 34 orig s 34 om A1989-4 s 14 pres s 34 (prev s 17) ins A1989-4 s 4 am A1994-110 s 6; A2001-44 amdt 1.2922, amdt 1.2923 renum as s 34 R15 LA (see A2004-23 s 13) am A2011-28 amdt 3.196 Declaration of species, community or processdiv 3.3 hdg orig div 3.3 hdg om A1989-4 s 15 pres div 3.3 hdg (prev pt 2 div 3 hdg) ins A1994-56 s 8 renum as div 3.3 hdg R6 LRA (see A2001-11 amdt 3.188) Criteria and guidelines for declarationssdiv 3.3.1 hdg (prev pt 2 div 3 sdiv A hdg) ins A1994-56 s 8 renum as sdiv 3.3.1 hdg R6 LRA Criteria for recommending declarations 35 orig s 35 om A1989-4 s 16 pres s 35 (prev s 18) ins A1989-4 s 4 sub A1994-56 s 8 am A2001-44 amdt 1.2924, amdt 1.2925 renum as s 35 R15 LA (see A2004-23 s 13) am A2011-28 amdt 3.196 Guidelines for dealing with applications for declarationss 36 orig s 36 am A1989-4 s 17; A1994-81 sch om A1994-110 s 8 pres s 36 (prev s 19) ins A1994-56 s 8 sub A2001-44 amdt 1.2926 renum as s 36 R15 LA (see A2004-23 s 13) am A2011-28 amdt 3.196 Public consultation on preparation of relevant criteria and guideliness 37 orig s 37 am A1989-4 s 18; A1994-81 sch om A1994-110 s 8 pres s 37 (prev s 20) ins A1994-56 s 8 renum as s 37 R15 LA (see A2004-23 s 13) Making of declarationssdiv 3.3.2 hdg (prev pt 2 div 3 sdiv B hdg) ins A1994-56 s 8 renum as sdiv 3.3.2 hdg R6 LRA Declaration of species, community or processs 38 orig s 38 am A1989-4 s 19 om A1994-110 s 8 pres s 38 (prev s 21) ins A1994-56 s 8 am A2001-44 amdt 1.2927 renum as s 38 R15 LA (see A2004-23 s 13) am A2011-28 amdt 3.191, amdt 3.196 Request to committee to recommend making of declaration s 39 orig s 39 renum as s 49 pres s 39 (prev s 22) ins A1994-56 s 8 am A2001-44 amdt 1.2928 renum as s 39 R15 LA (see A2004-23 s 13) am A2011-28 amdt 3.192 Action plansdiv 3.4 hdg orig div 3.4 hdg om A1989-4 s 20 pres div 3.4 hdg (prev pt 2 div 4 hdg) ins A1994-56 s 8 renum as div 3.4 hdg R6 LRA (see A2001-11 amdt 3.188) Draft action plans 40 orig s 40 renum as s 50 pres s 40 (prev s 23) ins A1994-56 s 8 am A2001-11 amdt 3.145 renum as s 40 R15 LA (see A2004-23 s 13) Public notification of draft action plans 41 orig s 41 am Ord1982-22 s 6 om A1989-4 s 22 pres s 41 (prev s 23B) ins A1994-56 s 8 sub A2001-44 amdt 1.2930 renum as s 41 R15 LA (see A2004-23 s 13) am A2011-28 amdt 3.197 Preparation of action plans 42 orig s 42 renum as s 51 pres s 42 (prev s 23C) ins A1994-56 s 8 sub A2001-44 amdt 1.2931 renum as s 42 R15 LA (see A2004-23 s 13) Tabling and disallowancediv 3.5 hdg (prev pt 2 div 5 hdg) ins A1994-56 s 8 renum as div 3.5 hdg R6 LRA (see A2001-11 amdt 3.188) om A2001-44 amdt 1.2933 (as sub by A2001-70 amdt 1.15) Protection of animals and fishpt 4 hdg (prev pt 3 hdg) am A1989-4 s 5 renum as pt 4 hdg R6 LRA (see A2001-11 amdt 3.188) Nests of native animalss 43 orig s 43 renum as s 52 pres s 43 (prev s 24) ins A1989-4 s 7 am A1994-81 sch; A1994-110 sch 2 renum as s 43 R15 LA (see A2004-23 s 13) Killing native animalss 44 hdg (prev s 25 hdg) sub A2001-11 amdt 1.9s 44 orig s 44 renum as s 53 pres s 44 (prev s 25) am A1989-4 s 8; A1994-81 sch; A1994-110 sch 2 renum as s 44 R15 LA (see A2004-23 s 13) Taking native animalss 45 hdg (prev s 26 hdg) sub A2001-11 amdt 1.10s 45 orig s 45 renum as s 54 pres s 45 (prev s 26) am A1989-4 s 9; A1994-81 sch; A1994-110 sch 2; A2001-11 amdt 3.147 renum as s 45 R15 LA (see A2004-23 s 13) Prohibited and controlled organismspt 4A hdg renum as pt 6 hdg Declarationss 45AA renum as s 55 Possession of prohibited organismss 45AB renum as s 56 Controlled organismss 45AC renum as s 57 Meaning of native animal in pt 7s 45A renum as 58 Keeping animalss 46 orig s 46 renum as s 59 pres s 46 (prev s 27) am Ord1982-22 s 5; A1989-4 s 10; A1994-81 sch; A1994-110 sch 2; A2001-11 amdt 3.148 renum as s 46 R15 LA (see A2004-23 s 13) Selling animalss 47 orig s 47 renum as s 60 pres s 47 (prev s 28) am A1989-4 s 11; A1994-81 sch; A1994-110 sch 2 renum as s 47 R15 LA (see A2004-23 s 13) Import and export of animalss 48 orig s 48 am Ord1982-22 s 7; A1989-4 s 29; A1994-81 sch om A1994-110 s 14 pres s 48 (prev s 29) am A1989-4 s 12; A1994-81 sch; A1994-110 sch 2 renum as s 48 R15 LA (see A2004-23 s 13) Release of animals from captivitys 49 hdg (prev s 39 hdg) am A2000-38 s 121 schs 49 orig s 49 renum as s 61 pres s 49 (prev s 39) am A1989-4 s 21; A1994-81 sch; A1994-110 s 9; A1998-54; A2000-38 s 121 sch; A2001-11 amdts 3.149-3.152 renum as s 49 R15 LA (see A2004-23 s 13) Escape of native animalss 50 hdg (prev s 40 hdg) sub A2001-11 amdt 1.11s 50 orig s 50 renum as s 62 pres s 50 (prev s 40) am A1994-110 sch 2 renum as s 50 R15 LA (see A2004-23 s 13) Protection of plantspt 5 hdg orig pt 5 hdg renum as pt 7 hdg pres pt 5 hdg (prev pt 4 hdg) renum as pt 5 hdg R6 LA (see A2001-11 amdt 3.188) Taking plantss 51 orig s 51 am Ord1987-1 s 3; Ord1989-38 sch 1 om A1991-118 sch 1 pt 7 pres s 51 (prev s 42) am Ord1989-38 sch 1; A1989-4 s 23; A1994-81 sch; A1994-110 s 10; A2001-11 amdt 3.153; ss renum R15 LA (see A2004-23 s 13) renum as s 51 R15 LA (see A2004-23 s 13) Preservation of native timbers 52 orig s 52 am Ord1982-22 s 9; Ord1987-1 s 4; Ord1989-38 sch 1 om A1991-118 sch 1 pt 7 pres s 52 (prev s 43) am Ord1984-72 s 2; Ord1985-67 sch pt 1; Ord1989-38 sch 1; A1989-4 s 24; A1993-74 sch 2; A1994-81 sch; A1994-110 s 11; A1995-30; A2001-11 amdts 3.153-3.155 renum as s 52 R15 LA (see A2004-23 s 13) Namadgi National Park--plan of managements 52A ins Ord1986-65 s 4 om Ord1989-38 sch 1 Plans of managements 52B ins Ord1986-65 s 4 om A1991-118 Preparation of plan of managements 52C ins Ord1986-65 s 4 am Ord1988-88 sch; A1990-60 sch om A1991-118 Adoption of plans of managements 52D ins Ord1986-65 s 4 om A1991-118 When plans of management take effects 52E ins Ord1986-65 s 4 sub Ord1987-1 s 5 om A1991-118 Amendment or revocation of plans of managements 52F ins Ord1986-65 s 4 sub Ord1987-1 s 5 am Ord1989-38 sch 1 om A1991-118 Revocation of declaration to be laid before Parliaments 52G ins Ord1986-65 s 4 sub Ord1987-1 s 5 am Ord1989-38 sch 1 om A1991-118 Notice of revocation to be laid before Parliaments 52H ins Ord1986-65 s 4 sub Ord1987-1 s 5 am Ord1989-38 sch 1 om A1991-118 Amendment or revocation of plans of managements 52I ins Ord1987-1 s 5 om A1991-118 Conservator to comply with plans of management s 52J ins Ord1986-65 s 4 om A1991-118 Dealing in protected native plantss 53 orig s 53 renum as s 63 pres s 53 (prev s 44) am A1989-4 s 25; A1994-81 sch; A1994-110 s 12 renum as s 53 R15 LA (see A2004-23 s 13) Entry to reserved areass 53A renum as s 64 Plant tagss 54 orig s 54 renum as s 65 pres s 54 (prev s 45) am A1989-4 s 26; A1994-81 sch; A1994-110 sch 2; A2001-11 amdt 3.156 renum as s 54 R15 LA (see A2004-23 s 13) Prohibited and controlled organismspt 6 hdg orig pt 6 hdg renum as pt 8 hdg pres pt 6 hdg (prev pt 4A hdg) ins A1994-110 s 13 renum as pt 6 hdg R6 LRA (see A2001-11 amdt 3.188) Administrationpt 6 div 1 hdg ins Ord1986-65 s 3 om A1991-118 sch 1 pt 7 Restriction on activities within reserved areas and wilderness zonespt 6 div 2 hdg renum as div 8.1 hdg Management agreementspt 6A hdg renum as pt 9 hdg and then pt 10 hdg Declarationss 55 orig s 55 renum as s 66 pres s 55 (prev s 45AA) ins A1994-110 s 13 am A2001-11 amdt 3.157; A2001-44 amdt 1.2934, amdt 1.2935 renum as s 55 R15 LA (see A2004-23 s 13) am A2011-28 amdt 3.196 Possession of prohibited organismss 56 orig s 56 renum as s 67 pres s 56 (prev s 45AB) ins A1994-110 s 13 am A1998-54 renum as s 56 R15 LA (see A2004-23 s 13) Controlled organismss 57 orig s 57 renum as s 68 pres s 57 (prev s 45AC) ins A1994-110 s 13 am A1998-54 renum as s 57 R15 LA (see A2004-23 s 13) Conservation directionspt 7 hdg orig pt 7 hdg renum as pt 10 hdg and then pt 11 hdg pres pt 7 hdg (prev pt 5 hdg) sub A1994-110 sch 2 renum R6 LRA (see A2001-11 amdt 3.188) Meaning of native animal in pt 7s 58 hdg (prev s 45A) hdg sub A2001-11 amdt 3.158s 58 orig s 58 renum as s 69 pres s 58 (prev s 45A) ins A1989-4 s 27 am A1994-110 sch 2 renum R15 LA (see A2004-23 s 13) Entry onto land for purpose of carrying out examinations 59 orig s 59 renum as s 70 pres s 59 (prev s 46) am Ord1989-38 sch 1; A1989-4; A1994-56 sch; A1994-110 sch 2 renum as s 59 R15 LA (see A2004-23 s 13) am A2011-28 amdt 3.193 Conservation directionss 60 orig s 60 renum as s 71 pres s 60 (prev s 47) am A1989-4 s 28 sub A1994-110 s 14 am A1998-54 renum as s 60 R15 LA (see A2004-23 s 13) Restoration of excavation sites by permit holderss 60A renum as s 72 Definitions for div 8.2s 60B renum as s 73 Meaning of clearing native vegetations 60C renum as s 74 Meaning of clearing causing serious harm to reserved areas 60D renum as s 75 Meaning of clearing causing material harm to reserved areas 60E renum as s 76 Clearing causing serious harms 60F renum as s 77 Clearing causing material harms 60G renum as s 78 Clearing generallys 60H renum as s 79 Lawful clearings 60I renum as s 80 Alternative verdicts for offences against s 60F and s 60Gs 60J renum as s 81 Order for restoration etc--clearing offencess 60K renum as s 82 Definitions for div 8.3s 60L renum as s 83 Meaning of damage causing serious harm to reserved areas 60M renum as s 84 Meaning of damage causing material harm to a reserved areas 60N renum as s 85 Damage causing serious harms 60O renum as s 86 Damage causing material harms 60P renum as s 87 Damage causing harms 60Q renum as s 88 Lawful damages 60R renum as s 89 Alternative verdicts for offences against s 60O and s 60Ps 60S renum as s 90 Order for rehabilitation etc--damage offencess 60T renum as s 91 Application for orders 60U renum as s 92 Making of orders 60V renum as s 93 Interim orders 60W renum as s 94 Costs--public interests 60X renum as s 95 Security for costs etcs 60Y renum as s 96 Compensation in relation to injunctive proceedingss 60Z renum as s 97 Definitions for pt 9s 60AA renum as s 98 Management agreementss 60AB renum as s 99 Formulation of agreementss 60AC renum as s 100 Refusal to enter into management agreements 60AD renum as s 101 Activities inconsistent with management agreements 60AE renum as s 102 Diseased native animals and plantss 61 orig s 61 renum as s 103 pres s 61 (prev s 49) am Ord1982-22 s 8; A1989-4 s 30; A1994-110 s 15; A2001-11 amdts 3.159, 3.160 renum as s 61 R15 LA (see A2004-23 s 13) Conservation criterias 62 orig s 62 renum as s 104 pres s 62 (prev s 50) am A1989-4 s 31 sub A1994-110 s 16 am A2001-11 amdt 3.161, amdt 3.162; A2001-44 amdt 1.2936, amdt 1.2937 renum as s 62 R15 LA (see A2004-23 s 13) am A2011-28 amdt 3.196 Permits to excavate or to pick plants in wilderness zoness 62A ins A1990-43 s 7 am A1991-118 sch 1 pt 7; A1994-56 sch om A1994-110 s 20 Reserved areaspt 8 hdg orig pt 8 hdg renum as pt 11 hdg and then pt 12 hdg pres pt 8 hdg (prev pt 6 hdg) am A1991-118 sch 1 pt 7 renum as pt 8 hdg R6 LRA (see A2001-11 amdt 3.188) Restriction on activities in reserved areasdiv 8.1 hdg (prev pt 6 div 2 hdg) ins Ord1986-65 s 5 renum as div 8.1 hdg R6 LRA (see A2001-11 amdt 3.188) sub A2004-23 s 5 Access to reserved areass 63 orig s 63 renum as s 105 pres s 63 (prev s 53) am Ord1982-22 s 10; A1989-4 s 32; A1994-81 sch; A2002-49 amdt 1.3 renum as s 63 R15 LA (see A2004-23 s 13) Grant of permits and licences--wildlife having special protection statuss 63A ins A1989-4 s 40 am A1994-56 sch om A1994-110 s 20 Entry to reserved areass 64 orig s 64 renum as s 106 pres s 64 (prev s 53A) ins A1994-110 s 17 am A1998-54 sub A2001-44 amdt 1.2938 renum as s 64 R15 LA (see A2004-23 s 13) Signs in reserved areass 65 orig s 65 renum as s 107 pres s 65 (prev s 54) am A1989-4 s 33; A1994-81 sch renum as s 65 R15 LA (see A2004-23 s 13) Rubbish and fires in reserved areass 66 orig s 66 renum as s 108 pres s 66 (prev s 55) am A1989-4 s 34; A1994-81 sch renum as s 66 R15 LA (see A2004-23 s 13) Activities in reserved areass 67 orig s 67 renum as s 109 pres s 67 (prev s 56) am A1989-4 s 35; A1991-118 sch 1 pt 7; A1994-81 sch; A1994-110 s 18; A1997-7; A2001-11 amdts 3.163, 3.164 renum as s 67 R15 LA (see A2004-23 s 13) Taking animals and plants into reserved areass 68 orig s 68 om A1994-110 s 21 pres s 68 (prev s 57) am A1989-4 s 36; A1994-81 sch; A1994-110 sch 2; A1997-7 renum as s 68 R15 LA (see A2004-23 s 13) Powers of conservation officers in reserved areass 69 orig s 69 renum as s 110 pres s 69 (prev s 58) am A1989-4 s 37; A1994-81 sch; A1994-97 sch pt 1; A1994-110 sch 2 renum as s 69 R15 LA (see A2004-23 s 13) Offences in wilderness areass 70 hdg (prev s 59 hdg) sub A2004-23 s 6s 70 orig s 70 renum as s 111 pres s 70 (prev s 59) am A1989-4 s 38; A1990-43 s 3; A1991-118 sch 1 pt 7; A1994-81 sch; A1994-110 sch 2 renum as s 70 R15 LA (see A2004-23 s 13) Compensations 71 orig s 71 am A1989-4 s 44; A1994-81 sch om A1994-110 sch 2 pres s 71 (prev s 60) am Ord1985-67 sch pt 1; Ord1989-38 sch 1; A1991-118 sch 1 pt 7 renum as s 71 R15 LA (see A2004-23 s 13) Restoration of excavation sites by permit holderss 72 orig s 72 renum as s 112 pres s 72 (prev s 60A) ins A1990-43 s 4 am A1991-118 sch 1 pt 7; A1994-110 sch 2 renum as s 72 R15 LA (see A2004-23 s 13) Clearing native vegetation in reserved areasdiv 8.2 hdg ins A2004-23 s 7 Interpretation for div 8.2sdiv 8.2.1 hdg ins A2004-23 s 7 Definitions for div 8.2s 73 orig s 73 renum as s 113 pres s 73 (prev s 60B) ins A2004-23 s 7 renum as s 73 R15 LA (see A2004-23 s 13) def cause ins A2004-23 s 7 def native vegetation ins A2004-23 s 7 def Ramsar wetland ins A2004-23 s 7 Meaning of clearing native vegetations 74 orig s 74 renum as s 114 pres s 74 (prev s 60C) ins A2004-23 s 7 renum as s 74 R15 LA (see A2004-23 s 13) Notification of decisionss 74A renum as s 115 Definitions for pt 12s 74AA renum as s 116 Infringement noticess 74AB renum as s 117 Final infringement noticess 74AC renum as s 118 Discharge of liability for schedule 1 offencess 74AD renum as s 119 Application for withdrawal of infringement noticess 74AE renum as s 120 Withdrawal of infringement noticess 74AF renum as s 121 Extension of time to pay penaltys 74AG renum as s 122 Prosecution of schedule 1 offencess 74AH renum as s 123 Non-antecedent value of infringement notice offencess 74AI renum as s 124 Service of noticess 74AJ renum as s 125 Evidences 74AK renum as s 126 Meaning of clearing causing serious harm to reserved areas 75 orig s 75 renum as s 127 pres s 75 (prev s 60D) ins A2004-23 s 7 renum as s 75 R15 LA (see A2004-23 s 13) Meaning of clearing causing material harm to reserved areas 76 orig s 76 renum as s 128 pres s 76 (prev s 60E) ins A2004-23 s 7 renum as s 76 R15 LA (see A2004-23 s 13) Act not to apply to certain appointed peoples 76A renum as s 129 Offences of clearing native vegetation in reserved areassdiv 8.2.2 hdg ins A2004-23 s 7 Clearing causing serious harms 77 orig s 77 renum as s 130 pres s 77 (prev s 60F) ins A2004-23 s 7 renum as s 77 R15 LA (see A2004-23 s 13) Clearing causing material harms 78 orig s 78 renum as s 131 pres s 78 (prev s 60G) ins A2004-23 s 7 renum as s 78 R15 LA (see A2004-23 s 13) Seizure and release of bird wildlifes 78A renum as s 132 Clearing generallys 79 orig s 79 renum as s 133 pres s 79 (prev s 60H) ins A2004-23 s 7 renum as s 79 R15 LA (see A2004-23 s 13) Lawful clearings 80 orig s 80 renum as s 134 pres s 80 (prev s 60I) ins A2004-23 s 7 am A2004-28 amdt 3.47 renum as s 80 R15 LA (see A2004-23 s 13) am A2007-25 amdt 1.102 Acts and omissions of representativess 80A renum as s 135 Criminal liability of executive officerss 80AB renum as s 136 Approved formss 80B renum as s 137 Alternative verdicts for offences against s 77 and s 78s 81 orig s 81 renum as s 138 pres s 81 (prev s 60J) ins A2004-23 s 7 renum as s 81 R15 LA (see A2004-23 s 13) Order for restoration etc--clearing offencess 82 orig s 82 om A1994-110 sch 2 pres s 82 (prev s 60K) ins A2004-23 s 7 renum as s 82 R15 LA (see A2004-23 s 13) Damaging land in reserved areasdiv 8.3 hdg ins A2004-23 s 7 Interpretation for div 8.3sdiv 8.3.1 hdg ins A2004-23 s 7 Definitions for div 8.3s 83 orig s 83 am A1994-56 sch om A1995-25 pres s 83 (prev s 60L) ins A2004-23 s 7 renum as s 83 R15 LA (see A2004-23 s 13) def cause ins A2004-23 s 7 def damage ins A2004-23 s 7 Determination of feess 83A renum as s 139 Meaning of damage causing serious harm to reserved areas 84 orig s 84 renum as s 140 pres s 84 (prev s 60M) ins A2004-23 s 7 renum as s 84 R15 LA (see A2004-23 s 13) Meaning of damage causing material harm to a reserved areas 85 orig s 85 om A1989-4 s 56 pres s 85 (prev s 60N) ins A2004-23 s 7 renum as s 85 R15 LA (see A2004-23 s 13) Offences of damaging land in reserved areassdiv 8.3.2 hdg ins A2004-23 s 7 Damage causing serious harms 86 (prev s 60O) ins A2004-23 s 7 renum as s 86 R15 LA (see A2004-23 s 13) Damage causing material harms 87 (prev s 60P) ins A2004-23 s 7 renum as s 87 R15 LA (see A2004-23 s 13) Damage causing harms 88 (prev s 60Q) ins A2004-23 s 7 renum as s 88 R15 LA (see A2004-23 s 13) Lawful damages 89 (prev s 60R) ins A2004-23 s 7 am A2004-28 amdt 3.48 renum as s 89 R15 LA (see A2004-23 s 13) am A2007-25 amdt 1.102 Alternative verdicts for offences against s 86 and s 87s 90 (prev s 60S) ins A2004-23 s 7 renum as s 90 R15 LA (see A2004-23 s 13) Order for rehabilitation etc--damage offencess 91 (prev s 60T) ins A2004-23 s 7 renum as s 91 R15 LA (see A2004-23 s 13) Injunctive orderspt 8A hdg orig pt 8A hdg renum as pt 12 hdg and then pt 13 hdg prev pt 8A hdg renum as pt 9 hdg Injunctive orderspt 9 hdg orig pt 9 hdg renum as pt 13 hdg and then pt 14 hdg prev pt 9 hdg (prev pt 6A hdg) renum as pt 10 hdg pres pt 9 hdg (prev pt 8A hdg) ins A2004-23 s 7 renum as pt 9 R15 LA (see A2004-23 s 13) Application for orders 92 (prev s 60U) ins A2004-23 s 7 renum as s 92 R15 LA (see A2004-23 s 13) Making of orders 93 (prev s 60V) ins A2004-23 s 7 renum as s 93 R15 LA (see A2004-23 s 13) Interim orders 94 (prev s 60W) ins A2004-23 s 7 renum as s 94 R15 LA (see A2004-23 s 13) Costs--public interests 95 (prev s 60X) ins A2004-23 s 7 renum as s 95 R15 LA (see A2004-23 s 13) Security for costs etcs 96 (prev s 60Y) ins A2004-23 s 7 renum as s 96 R15 LA (see A2004-23 s 13) Compensation in relation to injunctive proceedingss 97 (prev s 60Z) ins A2004-23 s 7 renum as s 97 R15 LA (see A2004-23 s 13) Management agreementspt 10 hdg orig pt 10 hdg om A1989-4 s 56 prev pt 10 hdg (prev pt 7 hdg) renum as pt 11 hdg pres pt 10 hdg (prev pt 6A hdg) ins A1994-110 s 19 renum as pt 9 hdg R6 LRA (see A2001-11 amdt 3.188) renum as pt 10 hdg R15 LA (see A2004-23 s 13) Definitions for pt 10s 98 hdg (prev s 60AA hdg) sub A2001-11 amdt 3.165s 98 (prev s 60AA) ins A1994-110 s 19 am A2001-11 amdt 3.166 renum as s 98 R15 LA (see A2004-23 s 13) def activities ins A1994-110 s 19 def agency ins A1994-110 s 19 def controlled land ins A1994-110 s 19 am A2007-25 amdt 1.103 def development ins A1994-110 s 19 def Land Act ins A1994-110 s 19 om A2007-25 amdt 1.104 def land management objectives ins A1994-110 s 19 am A2007-25 amdt 1.105 def management agreement ins A1994-110 s 19 def natural environment ins A1994-110 s 19 def public land ins A1994-110 s 19 def Territory Land ins A1994-110 s 19 def Territory Plan ins A1994-110 s 19 Management agreementss 99 (prev s 60AB) ins A1994-110 s 19 am A2001-11 amdt 3.167 renum as s 99 R15 LA (see A2004-23 s 13) am A2007-25 amdt 1.106 Formulation of agreementss 100 (prev s 60AC) ins A1994-110 s 19 renum as s 100 R15 LA (see A2004-23 s 13) Refusal to enter into management agreements 101 (prev s 60AD) ins A1994-110 s 19 renum as s 101 R15 LA (see A2004-23 s 13) Activities inconsistent with management agreements 102 (prev s 60AE) ins A1994-110 s 19 renum as s 102 R15 LA (see A2004-23 s 13) Licencespt 11 hdg orig pt 11 hdg (prev pt 8 hdg) renum as pt 12 hdg pres pt 11 hdg (prev pt 7 hdg) am A1994-110 sch 2 renum as pt 10 hdg R6 LRA (see A2001-11 amdt 3.188) renum as pt 11 hdg R15 LA (see A2004-23 s 13) Applications 103 (prev s 61) am Ord1989-38 sch 1; A1989-4 s 39; A1990-43 s 5; A1991-118 sch 1 pt 7; A2001-11 amdt 3.168 sub A1994-110 s 20 am A2001-44 amdt 1.2939; A2003-34 amdt 1.22 renum as s 103 R15 LA (see A2004-23 s 13) Grant of licences 104 (prev s 62) am A1990-43 s 6; A1991-118 sch 1 pt 7; A1994-56 sch sub A1994-110 s 20 renum as s 104 R15 LA (see A2004-23 s 13) Conditionss 105 (prev s 63) am Ord1983-43 s 4; Ord1989-38 sch 1; A1991-118 sch 1 pt 7; A1994-56 sch sub A1994-110 s 20 am A2004-23 s 8; ss renum R15 LA (see A2004-23 s 13) renum as s 105 R15 LA (see A2004-23 s 13) Licensing criterias 106 (prev s 64) sub A1994-110 s 20 am A2001-11 amdt 3.169; A2001-44 amdt 1.2940, amdt 1.2941 renum as s 106 R15 LA (see A2004-23 s 13) Durations 107 (prev s 65) am A1989-4 s 41; A1990-43 s 8; A1991-118 sch 1 pt 7 sub A1994-110 s 20 renum as s 107 R15 LA (see A2004-23 s 13) Surrenders 108 (prev s 66) am A1989-4 s 42 sub A1994-110 s 20 renum as s 108 R15 LA (see A2004-23 s 13) Nature of rights conferred by licencess 109 (prev s 67) am Ord1989-38 sch 1; A1994-110 sch 2 renum as s 109 R15 LA (see A2004-23 s 13) Cancellations 110 (prev s 69) am A1994-110 s 22 renum as s 110 R15 LA (see A2004-23 s 13) Production of licencess 111 (prev s 70) am A1989-4 s 43; A1994-81 sch; A1994-110 sch 2 renum as s 111 R15 LA (see A2004-23 s 13) Records to be kept by licence holderss 112 (prev s 72) am A1989-4 s 45; A1994-81 sch; A1994-110 sch 2 renum as s 112 R15 LA (see A2004-23 s 13) Production of recordss 113 (prev s 73) am A1989-4 s 46; A1994-81 sch; A1994-110 sch 2 renum as s 113 R15 LA (see A2004-23 s 13) Notification and review of decisionspt 12 hdg orig pt 12 hdg (prev pt 8A hdg) renum as pt 13 hdg pres pt 12 hdg (prev pt 8 hdg) renum as pt 11 hdg R6 LRA (see A2001-11 amdt 3.188) renum as pt 12 hdg R15 LA (see A2004-23 s 13) sub A2008-37 amdt 1.328 Meaning of reviewable decison-pt 12s 114 (prev s 74) am Ord1982-22 s 11; A1994-56 sch; A1994-60 sch 1 sub A1994-110 s 23 am A1995-30 renum as s 114 R15 LA (see A2004-23 s 13) sub A2008-37 amdt 1.328 Reviewable decision noticess 115 (prev s 74A) ins A1989-4 s 47 am A1994-60 sch 1; A1994-110 sch 2 renum as s 115 R15 LA (see A2004-23 s 13) sub A2008-37 amdt 1.328 Applications for reviews 116 ins A2008-37 amdt 1.328 On-the-spot finespt 13 hdg orig pt 13 hdg (prev pt 9 hdg) renum as pt 14 hdg pres pt 13 hdg (prev pt 8A hdg) ins A1994-110 s 24 renum as pt 12 hdg R6 LRA (see A2001-11 amdt 3.188) renum as pt 13 hdg R15 LA (see A2004-23 s 13) om A2005-20 amdt 3.318 Definitions for pt 13s 116 hdg (prev s 74AA hdg) sub A2001-11 amdt 3.170s 116 (prev s 74AA) ins A1994-110 s 24 renum as s 116 R15 LA (see A2004-23 s 13) om A2005-20 amdt 3.318 def final infringement notice ins A1994-110 s 24 om A2005-20 amdt 3.318 def infringement notice ins A1994-110 s 24 om A2005-20 amdt 3.318 def on-the-spot fine ins A1994-110 s 24 am A2001-11 amdt 3.171 om A2005-20 amdt 3.318 def relevant amount ins A1994-110 s 24 am A2001-11 amdt 3.171; A2001-44 amdt 1.2942 om A2005-20 amdt 3.318 def relevant period for payment ins A1994-110 s 24 om A2005-20 amdt 3.318 def schedule 1 offence ins A2001-11 amdt 3.172 om A2005-20 amdt 3.318 def schedule 2 offence ins A1994-110 s 24 ins A2001-11 amdt 3.172 om A2005-20 amdt 3.318 Infringement noticess 117 (prev s 74AB) ins A1994-110 s 24 am A2001-11 amdt 3.173, amdt 3.174; A2001-44 amdt 1.2943, amdt 1.2944 renum as s 117 R15 LA (see A2004-23 s 13) om A2005-20 amdt 3.318 Final infringement noticess 118 (prev s 74AC) ins A1994-110 s 24 am A2001-11 amdt 3.174; A2001-44 amdt 1.2945, amdt 1.2946; pars renum R15 LA (see A2004-23 s 13) renum as s 118 R15 LA (see A2004-23 s 13) om A2005-20 amdt 3.318 Discharge of liability for schedule 1 offencess 119 (prev s 74AD) ins A1994-110 s 24 am A2001-11 amdt 3.175 renum as s 119 R15 LA (see A2004-23 s 13) om A2005-20 amdt 3.318 Application for withdrawal of infringement noticess 120 (prev s 74AE) ins A1994-110 s 24 am A2001-11 amdt 3.175 renum as s 120 R15 LA (see A2004-23 s 13) om A2005-20 amdt 3.318 Withdrawal of infringement noticess 121 (prev s 74AF) ins A1994-110 s 24 renum as s 121 R15 LA (see A2004-23 s 13) om A2005-20 amdt 3.318 Extension of time to pay penaltys 122 hdg (prev s 74AG hdg) sub A2004-2 amdt 1.33s 122 (prev s 74AG) ins A1994-110 s 24 am A2001-11 amdt 3.175; A2004-2 amdt 1.34, amdt 1.35 renum as s 122 R15 LA (see A2004-23 s 13) om A2005-20 amdt 3.318 Prosecution of schedule 1 offencess 123 (prev s 74AH) ins A1994-110 s 24 am A2001-11 amdt 3.175 renum as s 123 R15 LA (see A2004-23 s 13) om A2005-20 amdt 3.318 Non-antecedent value of infringement notice offencess 124 (prev s 74AI) ins A1994-110 s 24 renum as s 124 R15 LA (see A2004-23 s 13) om A2005-20 amdt 3.318 Service of noticess 125 (prev s 74AJ) ins A1994-110 s 24 renum as s 125 R15 LA (see A2004-23 s 13) om A2005-20 amdt 3.318 Evidences 126 (prev s 74AK) ins A1994-110 s 24 am A2001-11 amdt 3.175 renum as s 126 R15 LA (see A2004-23 s 13) om A2005-20 amdt 3.318 Miscellaneouspt 14 hdg (prev pt 9 hdg) renum as pt 13 hdg R6 LRA (see A2001-11 amdt 3.188) renum as pt 14 hdg R15 LA (see A2004-23 s 13) Royaltys 127 (prev s 75) am Ord1989-38 sch 1; A1994-56 sch; A1994-110 sch 2 renum as s 127 R15 LA (see A2004-23 s 13) Provisions not to apply to conservation officerss 128 (prev s 76) am A1989-4 s 48; A1994-110 sch 2 sub A2004-23 s 9 renum as s 128 R15 LA (see A2004-23 s 13) Act not to apply to certain appointed peoples 129 (prev s 76A) ins Ord1982-62 s 3 am Ord1988-31 sch; A1994-56 sch sub 2000 No 66 sch 1 pt 10 renum as s 129 R15 LA (see A2004-23 s 13) Power of entry and searchs 130 (prev s 77) am Ord1982-22 s 12; A1989-4 s 49; A1994-81 sch; A1994-97 sch pt 1; A1994-110 sch 2; A2001-11 amdt 3.176 renum as s 130 R15 LA (see A2004-23 s 13) Further powers of conservation officerss 131 (prev s 78) am A1989-4 s 50; A1994-81 sch renum as s 131 R15 LA (see A2004-23 s 13) Seizure and release of bird wildlifes 132 (prev s 78A) ins A1989-4 s 51 am A1994-97 sch pt 1; A1994-110 sch 2 renum as s 132 R15 LA (see A2004-23 s 13) Seizure and forfeiture of animals and plantss 133 (prev s 79) am Ord1982-22 s 13; Ord1989-38 sch 1; A1989-4 s 52; A1994-110 s 25 renum as s 133 R15 LA (see A2004-23 s 13) Release of animals--court orderss 134 (prev s 80) am Ord1985-67 sch pt 1; Ord1989-38 sch 1; A1989-4 s 53; A1994-110 s 26; A2001-11 amdt 3.177, amdt 3.178 renum as s 134 R15 LA (see A2004-23 s 13) Acts and omissions of representativess 135 (prev s 80A) ins A1989-4 s 54 am A2001-44 amdt 1.2947, amdt 1.2948 sub A2004-15 amdt 1.35 renum as s 135 R15 LA (see A2004-23 s 13) Criminal liability of executive officerss 136 (prev s 80AB) ins A2004-23 s 10 renum as s 136 R15 LA (see A2004-23 s 13) Approved formss 137 hdg (prev s 80B hdg) sub A2001-44 amdt 1.2949s 137 (prev s 80B) ins A1989-4 s 54 sub A2001-11 amdt 3.179 am A2001-44 amdt 1.2950 renum as s 137 R15 LA (see A2004-23 s 13) am A2005-20 amdt 3.319 Evidences 138 (prev s 81) am A1994-110 sch 2 renum as s 138 R15 LA (see A2004-23 s 13) am A2011-48 amdt 1.42 Determination of feess 139 (prev s 83A) ins Ord1983-43 s 5 sub A2001-11 amdt 3.180 am A2001-44 amdts 1.2951-1.2953 renum as s 139 R15 LA (see A2004-23 s 13) Regulation-making powers 140 hdg (prev s 84 hdg) sub A2001-11 amdt 3.181s 140 (prev s 84) am Ord1989-38 sch 1; A1989-4 s 55; A1994-81 sch; 1995 No 46; A2001-11 amdt 3.182, amdt 3.183; A2001-44 amdt 1.2954, amdt 1.2955 renum as s 140 R15 LA (see A2004-23 s 13) Reviewable decisionssch 1 orig sch 1 om A2001-11 amdt 3.184 pres sch 1 (prev sch 2) am Ord1982-22 s 14 om A1989-4 s 57 ins A1994-110 sch 1 am A2001-11 amdt 3.185 renum as sch 1 A2001-11 amdt 3.186 items renum R15 LA (see A2004-23 s 13) om A2005-20 amdt 3.321 ins A2008-37 amdt 1.329 On-the-spot finessch 2 renum as sch 1 Restricted plant wildlifesch 3 om A1989-4 s 57 Protected fish and invertebratessch 4 om A1989-4 s 57 Exempt animals, being animals that are wildlifesch 5 sub Ord1982-22 s 15 om A1989-4 s 57 Exempt animals, being animals that are not wildlifesch 6 sub Ord1982-22 s 15 om A1989-4 s 57 Dictionarydict ins A2001-11 amdt 3.187 am A2004-28 amdt 3.49; A2007-25 amdt 1.107; A2008-37 amdt 1.330; A2011-22 amdt 1.342; A2011-28 amdt 3.194 def action plan ins A1994-56 s 4 reloc from s 5 A2001-11 amdt 3.132 def activities ins A2001-11 amdt 3.187 def agency ins A2001-11 amdt 3.187 def animal am A1989-4 s 3; A1994-56 sch; A1994-110 s 4 reloc from s 5 A2001-11 amdt 3.132 def built-up area ins A2001-11 amdt 3.187 sub A2004-28 amdt 3.50 def cause ins A2004-23 s 11 def clearing ins A2004-23 s 11 def committee ins A1994-56 s 4 reloc from s 5 A2001-11 amdt 3.132 def conservation officer sub A1994-97 sch pt 1 reloc from s 5 A2001-11 amdt 3.132 def conservator sub A1994-97 sch pt 1 reloc from s 5 A2001-11 amdt 3.132 def consultation period ins A2001-44 amdt 1.2956 def controlled land ins A2001-11 amdt 3.187 def controlled organism ins A1994-110 s 4 reloc from s 5 A2001-11 amdt 3.132 def damage ins A2004-23 s 11 def determined fee ins A1994-110 s 4 om A2001-44 amdt 1.2957 def development ins A2001-11 amdt 3.187 def ecological community ins A1994-56 s 4 reloc from s 5 A2001-11 amdt 3.132 def endangered ins A1994-56 s 4 reloc from s 5 A2001-11 amdt 3.132 am A2004-23 s 12 def exempt animal ins A1989-4 s 3 reloc from s 5 A2001-11 amdt 3.132 def final infringement notice ins A2001-11 amdt 3.187 om A2005-20 amdt 3.320 def fish reloc from s 5 A2001-11 amdt 3.132 def habitat ins A1994-56 s 4 reloc from s 5 A2001-11 amdt 3.132 def imported animal product ins A1994-110 s 4 reloc from s 5 A2001-11 amdt 3.132 def infringement notice ins A2001-11 amdt 3.187 om A2005-20 amdt 3.320 def Land Act ins A2001-11 amdt 3.187 om A2007-25 amdt 1.108 def land management objectives ins A2001-11 amdt 3.187 def licence am A1994-110 s 4 reloc from s 5 A2001-11 amdt 3.132 def management agreement ins A2001-11 amdt 3.187 def material harm ins A2004-23 s 11 def member ins A2007-16 amdt 3.129 def motor vehicle ins A2001-11 amdt 3.187 def native animal ins A1994-110 s 4 am A1997-7 s 12 reloc from s 5 A2001-11 amdt 3.132 sub A2007-3 amdt 3.378 def native plant ins A1994-110 s 4 am A1997-7 s 12 reloc from s 5 A2001-11 amdt 3.132 def native timber ins A1994-110 s 4 reloc from s 5 A2001-11 amdt 3.132 def native vegetation ins A2004-23 s 11 def natural environment ins A2001-11 amdt 3.187 def newspaper ins A1994-56 s 4 reloc from s 5 A2001-11 amdt 3.132 def on-the-spot fine ins A2001-11 amdt 3.187 om A2005-20 amdt 3.320 def pest animal ins A2001-11 amdt 3.187 sub A2005-21 amdt 1.14 def pest plant ins A2001-11 amdt 3.187 sub A2005-21 amdt 1.14 def plant reloc from s 5 A2001-11 amdt 3.132 def prohibited organism ins A1994-110 s 4 reloc from s 5 A2001-11 amdt 3.132 def protected fish ins A1989-4 s 3 reloc from s 5 A2001-11 amdt 3.132 def protected invertebrate ins A1989-4 s 3 reloc from s 5 A2001-11 amdt 3.132 def protected native animal ins A1994-110 s 4 reloc from s 5 A2001-11 amdt 3.132 def protected native plant ins A1994-110 s 4 reloc from s 5 A2001-11 amdt 3.132 def public land ins A2001-11 amdt 3.187 def Ramsar wetland ins A2004-23 s 11 def relevant amount ins A2001-11 amdt 3.187 om A2005-20 amdt 3.320 def relevant period for payment ins A2001-11 amdt 3.187 om A2005-20 amdt 3.320 def reserved area ins A2001-11 amdt 3.187 def reviewable decision ins A2008-37 amdt 1.331 def schedule 1 offence ins A2001-11 amdt 3.187 om A2005-20 amdt 3.320 def seed reloc from s 5 A2001-11 amdt 3.132 def sell sub A1989-4 s 3; A2001-11 amdt 1.8 reloc from s 5 A2001-11 amdt 3.132 def serious harm ins A2008-28 amdt 3.113 def "serious harm", to a reserved area ins A2004-23 s 11 om A2008-28 amdt 3.113 def serious harm, to a person ins A2004-23 s 11 om A2008-28 amdt 3.113 def special protection status ins A1989-4 s 3 am A1994-110 s 4 reloc from s 5 A2001-11 amdt 3.132 def species ins A1994-56 s 4 am A1994-110 s 4 reloc from s 5 A2001-11 amdt 3.132 def statutory authority reloc from s 5 A2001-11 amdt 3.132 om A2011-28 amdt 3.195 def subspecies ins A1994-56 s 4 reloc from s 5 A2001-11 amdt 3.132 def take ins A1994-110 s 4 reloc from s 5 A2001-11 amdt 3.132 def threatening process ins A1994-56 s 4 am A1997-7 s 12 reloc from s 5 A2001-11 amdt 3.132 def tree seeding am A1994-110 s 4 reloc from s 5 A2001-11 amdt 3.132 def unleased land am Ord1989-38 sch 1, A1994-56 sch reloc from s 5 A2001-11 amdt 3.132 def vessel reloc from s 5 A2001-11 amdt 3.132 def vulnerable ins A1994-56 s 4 reloc from s 5 A2001-11 amdt 3.132 om A2011-28 amdt 3.195 def wilderness area ins A2001-11 amdt 3.187 def working day reloc from s 5 A2001-11 amdt 3.132 om A2011-28 amdt 3.195 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 Act 1990 No 60 30 June 1991 2 Act 1993 No 74 31 January 1994 3 Act 1994 No 110 30 June 1995 4 Act 1995 No 46 30 November 1996 5 Act 1997 No 93 1 June 1998 6 Act 2001 No 11 18 July 2001 7 Act 2001 No 56 12 September 2001 8 Act 2001 No 70 2 November 2001 9 Act 2002 No 49 21 December 2002 9 (RI) A2002-49 ++ 12 February 2003 10 A2003-34 1 September 2003 11 A2004-9 22 March 2004 12 A2004-15 9 April 2004 13 A2004-15 13 April 2004 14 A2004-28 1 July 2004 15 A2004-28 19 July 2004 16* A2005-21 12 November 2005 17 A2007-3 12 April 2007 18 A2007-16 11 July 2007 19 A2007-25 31 March 2008 20 A2007-25 13 April 2008 21 A2008-28 26 August 2008 22 A2008-37 2 February 2009 23 A2011-22 1 July 2011 24 A2011-28 21 Sept 2011 ++ includes retrospective amendments by A2002-49 6 Renumbered provisions This Act was renumbered under the Legislation Act 2001, in R15 (see Environment Legislation Amendment Act 2004 A2004-23 s 13). Details of renumbered provisions are shown in endnote 4 (Amendment history). For a table showing the renumbered provisions, see R16. (c) Australian Capital Territory 2012 NATURE CONSERVATION ACT 1980 - NOTES Australian Capital Territory A1980-20 Republication No 25 Effective: 1 March 2012 Republication date: 1 March 2012 Last amendment made by A2011-48Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Nature Conservation Act 1980 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 March 2012 . It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 March 2012 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Nature Conservation Act 1980 Endnotes95 Australian Capital Territory Nature Conservation Act 1980