ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT REGULATIONS 2010 (NO. 1) (SLI NO 100 OF 2010) EXPLANATORY STATEMENT

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT REGULATIONS 2010 (NO. 1) (SLI NO 100 OF 2010)

ATTACHMENT B

Details of the Environment Protection and Biodiversity Conservation Amendment Regulations 2010 (No. 1)

Regulation 1 – Name of Regulations

This regulation provides that the title of the Regulations is the Environment Protection and Biodiversity Conservation Amendment Regulations 2010 (No. 1).

Regulation 2 – Commencement

This regulation provides for the Regulations to commence on the day after they are registered.

Regulation 3 – Amendment of Environment Protection and Biodiversity Conservation Regulations 2000

This regulation provides that the Environment Protection and Biodiversity Conservation Regulations 2000 (the Principal Regulations) are amended as set out in Schedule 1.

Schedule 1 - Amendments

Item [1] – Regulation 2A.01, heading

Regulation 2A.01 of the Principal Regulations establishes the ‘Criteria for the accreditation of management plans for Commonwealth managed fisheries’.

Item 1 replaced the heading of this regulation with ‘Criteria for accreditation of management arrangements for Commonwealth Managed Fisheries’ so that it would be consistent with the wording of section 33 of the Act and provides for broader coverage than is achieved by a reference to management ‘plans’.

Item [2] – Subregulation 2A.01(1)

Subregulation 2A.01(1) of the Principal Regulations establishes that regulation 2A.01 applies in relation to a decision by the Minister to accredit a management plan that applies to a fishery for the purposes of a declaration under section 33 of the Act.

Item 2 amended subregulation 2A.01(1) by replacing ‘plan’ with ‘arrangement’ to be consistent with the proposed amendment to the heading of regulation 2A.01 and to reflect the wording in section 33 of the Act.

Item [3] – Subregulation 2A.01(2)

Subregulation 2A.01(2) of the Principal Regulations establishes the criteria for the accreditation of management plans for Commonwealth managed fisheries.

Item 3 amended subregulation 2A.01(2) by replacing the word ‘plan’ with ‘arrangement’ wherever ‘plan’ is mentioned to reflect the wording of section 33 of the Act and to maintain consistency with the other amendments to regulation 2A.01.

Item [4] – After subregulation 2A.01(2)

Regulation 2A.01 of the Principal Regulations establishes the criteria for the accreditation of management plans for Commonwealth managed fisheries for the purposes of a declaration under section 33 of the Act.

Item 4 inserted a new subregulation 2A.01(2A) into the Principal Regulations. New subregulation 2A.01(2A) provides that paragraph 2A.01(2)(c) does not apply to an amendment of an accredited management arrangement if the Minister is satisfied that the actions approved in accordance with the amended management arrangement will not have significantly greater impacts than actions approved in accordance with the existing arrangement and the Minister has not made a determination under subsection 36A(1) of the Act that the amendments are minor.

Item [5] – After regulation 2A.01

Item 5 inserted three new regulations 2A.02, 2A.03 and 2A.04 into the Principal Regulations.

New regulation 2A.02 specifies that a determination made under section 36A of the Act, in relation to minor amendments of an accredited management arrangement or accredited authorisation process, is required to be published on the internet.

New regulation 2A.03 outlines the requirements the Minister must be satisfied of before making a declaration under 37A of the Act that an action taken in accordance with a bioregional plan does not need an approval under Part 9 of the Act.

New regulation 2A.04 specifies that, where a declaration is made under 37A of the Act, in relation to actions taken in accordance with a bioregional plan, or an instrument revoking a declaration is made under 37K of the Act, a notice of the declaration or instrument must be published in the Gazette, at an appropriate location on the internet and, if the information is relevant to Norfolk Island, the Territory of Cocos-Keeling or the Territory of Christmas Island – in the Government Gazette of the relevant territory.

Item [6] – Regulation 4.03, Notes 1 and 2

Regulation 4.03 of the Principal Regulations provides that the information mentioned in Schedule 2 to the Principal Regulations must be included in a referral, except that information does not need to be disclosed, if it would, in all the circumstances, be unreasonable to expect the information to be included.

Item 6 repealed notes 1 and 2 after regulation 4.03 as a consequence of the amendment in item 7 below.

Item [7] – After subregulation 4.03(2), including the example

Regulation 4.03 of the Principal Regulations provides that the information mentioned in Schedule 2 to the Principal Regulations must be included in a referral, except, if it would, in all the circumstances, be unreasonable to expect the information to be included.

Item 7 inserted a new subregulation 4.03(3) in the Principal Regulations. New subregulation 4.03(3) specifies that, for subregulation 4.03(2), it would be unreasonable to disclose information that is confidential or that may endanger a species or site of environmental significance if disclosed. Item 7 also reinserted notes 1 and 2 after regulation 4.03.

Item [8] – After regulation 4.03

Item 8 inserted a new regulation 4.04 into the Principal Regulations that specifies the requirements, in terms of content and form, of a notice that must be given to the Minister, prior to taking an action, to prevent the taking of the action being deemed a breach of section 74AA of the Act.

Regulation 4.04 provides that the notice must be made in writing or electronically, given to the Department and include the title, number identifier, location, name of designated proponent, name of the person who proposes to take the action and an explanation why the taking of the action is reasonably necessary to comply with a requirement of or a request made under Part 7, 8 or 9 of the Act.

Item [9] – Before regulation 4A.01

Item 9 inserted a new regulation 4AA.01 into the Principal Regulations. This regulation outlines additional requirements, to those that are contained in subsection 78A(2) of the Act, that must be met in a request for reconsideration of a decision under section 78A of the Act.

This regulation provides that a request for reconsideration must identify the ground or grounds, in paragraphs 78(1)(a) to (ca) of the Act, that are being relied upon to make the request, the source of any information provided and provide details of when the information became available.

This regulation also specifies the specific information that must be provided for each of the different grounds for reconsideration in paragraphs 78(1)(a) to (ca) of the Act.

Items [10, 21, 22, 161, 162, 164, 165 and 167]

Paragraphs 4A.01(1)(c) and 8A.04(1)(f), regulation 8A.09, paragraph 16.05A(2)(b), subregulation 16.05A(4) and paragraphs 16.06(a), 16.07(2)(a) and 16.08(2)(a) of the Principal Regulations contain a reference to Norfolk Island.

Items 10, 21, 22, 161, 162, 164, 165 and 167 respectively, replaced these references to reflect the correct name of the Territory of Norfolk Island.

Item [11] – Division 5.1

Division 5.1 of the Principal Regulations specifies how preliminary information must be given and what preliminary information must be given to the Department for the purposes of section 86 of the Act.

Item 11 deleted Division 5.1 from the Principal Regulations as the Act no longer contains section 86.

Item [12] – Paragraph 6.01(c)

Item 12 amended the punctuation at the end of paragraph 6.01(c) as a consequence of the amendment to regulation 6.01 in item 13 below.

Item [13] – Paragraph 6.01(d)

Paragraph 6.01(d) of the Principal Regulations prescribes, for paragraph 160(2)(d) of the Act, actions authorised by a permit or authority under the Wildlife Protection (Regulation of Exports and Imports) Act 1982 that have, or are likely to have, a significant impact on the environment.

Item 13 repealed paragraph 6.01(d) as the Wildlife Protection (Regulation of Exports and Imports) Act 1982 has been repealed and no further decisions relating to permits or authorities are being made under that Act.

Item [14] – Paragraph 6.02(b)

Item 14 amended the punctuation at the end of paragraph 6.02(b) as a consequence of the amendment to regulation 6.02 in item 9 above.

Item [15] – Paragraphs 6.02(c) and (d)

Paragraphs 6.02(c) and (d) of the Principal Regulations provide that certain content must be included in a referral to the Minister as part of a Commonwealth agency’s or employee’s obligation to seek the advice of the Minister before authorising specific actions with a significant impact on the environment.

Item 15 deleted paragraphs 6.02(c) and (d) removing the requirements that a general description of the location of the action and the timeframe in which the action is proposed to be taken, be included in the referral.

Item [16] – After regulation 7.06

Item 16 inserted a new regulation 7.07 into the Principal Regulations. New regulation 7.07 specifies the manner of publication for notices the Threatened Species Scientific Committee (TSSC) is obligated to publish inviting people to comment on the finalised priority assessment list for a Subdivision A List, relating to threatened species and ecological communities proposed for listing, and also the manner and form in which comments must be made.

New regulation 7.07 also provides that the notice must be published at an appropriate location on the internet and that comments must be made in writing or electronically.

Item [17] – Paragraph 7.08(2)(d)

Regulation 7.08 of the Principal Regulations establishes the particulars of an action which a person must notify the Secretary of the Department of the Environment, Water, Heritage and the Arts (the Secretary) where the action resulted in a species protected under Part 13 of the Act being killed, injured, taken, traded, kept or moved in circumstances where the action was not an offence and not permitted under Part 13 of the Act.

Item 17 amended the punctuation at the end of paragraph 7.08(2)(d) as a consequence of the proposed amendment to regulation 7.08 in item 18 below.

Item [18] – After paragraph 7.08(2)(d)

Item 18 inserted a new paragraph 7.08(2)(e) that specifies that, in addition to the other particulars, a person must notify the Secretary when a species protected under Part 13 of the Act has been affected by an action that was not permitted and was not an offence. The person must also notify the Secretary of the name, postal address and telephone number of the person who took the action.

Item [19] – Before regulation 7.11

Item 19 inserted two new regulations 7.10A and 7.10B into the Principal Regulations.

New regulation 7.10A outlines the requirements relating to the publication of a notice, that is required to be published under paragraph 269AA(5)(b) of the Act, inviting comments when the Minister intends to make a subsequent recovery plan decision that there should not be a recovery plan for a species or community. The notice, required by paragraph 269AA(5)(b) of the Act, must be published at an appropriate place on the internet and in a daily newspaper that circulates in the relevant State or self-governing Territory. New Regulation 7.10A also provides that comments must be made in writing or electronically.

New regulation 7.10B specifies that the general publication requirements of publishing the initial and every subsequent recovery plan decision, under subsection 269AA(9) of the Act, are satisfied by publishing the decisions at an appropriate location on the internet.

Item [20] – Part 8, after the heading

The first Division under Part 10 of the Principal Regulations is identified as ‘8.1 Interacting with cetaceans’.

Item 20 replaced this heading with ‘Division 8.1 Interacting with cetaceans’ to expressly identify that the specification of 8.1 is the specification of ‘Division 8.1’.

Item [23] – Subregulation 9.03(1), except the penalty

Subregulation 9.03(1) of the Principal Regulations provides that it is an offence for a person to kill, injure or take a member of a protected species in a Commonwealth area.

Item 23 replaced subregulation 9.03(1) to provide that it is an offence for a person to take an action that results in the death or injury of a member of a protected species, or involves the taking, trading, keeping or moving of a member of a protected species in a Commonwealth area.

Item [24] – Paragraph 9.03(4)(b)

Paragraph 9.03(4)(b) of the Principal Regulations provides that the offences in regulation 9.03 do not apply to an action taken in accordance with a declaration by the Director of National Parks (the Director) to which regulation 20.03 applies.

Item 24 amended paragraph 9.03(4)(b) to delete the incorrect reference to regulation 20.03 and insert the correct reference to regulation 20.05.

Item [25] – Paragraph 9.03(4)(j)

Subregulation 9.03(4) of the Principal Regulations provides that the offences under regulation 9.03 do not apply to actions specified in subregulation 9.03(4).

Item 25 amended the punctuation at the end of paragraph 9.03(4)(j) as a consequence of the amendments to regulation 9.03 in item 26 below.

Item [26] – After paragraph 9.03(4)(j)

Item 26 inserted two new paragraphs 9.03(4)(k) and (l) into the Principal Regulations. These paragraphs specify that, in addition to those circumstances specified in paragraphs 9.03(4)(a) to (j), offences in relation to protected species do not apply to an action that is declared by the Minister under paragraph 28(2)(c), or subsection 28(3) or (4) of the Act to be an action to which section 28 of the Act does not apply; or is an action in respect of which the Minister has exempted a specified person under subsection 158(3) or 303A(3) of the Act.

Item [27] – After regulation 9.03

Item 27 inserted a new regulation 9.03A into the Principal Regulations. Regulation 9.03A specifies that the Minister, in accordance with Part 17 of the Principal Regulations, may issue a permit authorising a person to carry out an action that is otherwise prohibited under Part 9 of the Principal Regulations.

Item [28] – Regulations 9A.02 and 9A.03

Regulations 9A.02 and 9A.03 of the Principal Regulations provide the criteria that must be satisfied for exports and imports of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) specimens to be considered to be personal or household effects for the purposes of the exemption from the offence provisions contained in subsections 303CC(1) and 303CD(1) of the Act.

Item 28 replaced regulations 9A.02 and 9A.03. New regulation 9A.02 provides that, to be considered to be an export of a household or personal effect, a CITES specimen, listed in Schedule 4A to the Principal Regulations, must not fall within specified CITES exemption criteria relating to the export of certain types of CITES I and II specimens; the export must not be contributing to trade that will have an adverse effect on the conservation status of the species or ecosystem; must be the personal property of the person and the export must not be for commercial purposes; must have been legally acquired; and at the time of export must be either worn, carried or included in the personal baggage of the person exporting it or be part of a collection of the person’s household effects that is being moved.

New regulation 9A.03 provides that, to be considered to be an import of a household or personal effect, a CITES specimen, listed in Schedule 4A to the Principal Regulations, must not fall within specified CITES exemption criteria relating to the import of CITES I and II specimens; the import must not require a permit for export from a country where the specimen was harvested from the wild; must be the personal property of the person and the import must not be for commercial purposes; must have been legally acquired; and at the time of import must be either worn, carried or included in the personal baggage of the person importing it or part of a collection of the person’s household effects that is being moved.

Item [29] – Subregulation 9A.05(4), Notes 1 and 2

Subregulation 9A.05(4) of the Principal Regulations contains two notes that refer to Codes of Practice relating to the humane shooting of kangaroos in Australia and the handling, transport and slaughter of brush possums in Tasmania.

Item 29 replaced notes 1 and 2 with updated references to the Codes of Practice relating to the humane shooting of kangaroos and wallabies for commercial purposes and the humane treatment of wild and farmed Australian crocodiles.

Item [30] – Paragraph 9A.09(b)

Regulation 9A.09 of the Principal Regulations specifies the criteria that must be met for an export or import of a CITES specimen to be considered to be for the purposes of research. Paragraph 9A.09(b) currently requires the researcher to publish or make available for inspection, the results of the research in the country where the research is done.

Item 30 amended paragraph 9A.09(b) to remove the requirement that the results of the research must be available in the country where the research is done to allow the required publication to occur in countries including Australia, where publication may be more appropriate.

Item [31] – Subregulation 9A.16(1)

Subregulation 9A.16(1) of the Principal Regulations provides that, for subsection 303FK(1) of the Act, a program is taken to be an approved captive breeding program if the Minister tells the operator of the program in writing that the Minister is satisfied that each animal bred under the program is bred in captivity.

Item 31 replaced subregulation 9A.16(1) with new subregulations 9A.16(1), 9A.16(1A) and 9A.16(1B). New subregulation 9A.16(1) specifies that a program is taken to be an approved captive breeding program if the Minister is satisfied that each animal bred under the program is bred in captivity and there are no reasons why the program should not be approved.

New subregulation 9A.16(1A) provides that, in considering whether there are any reasons why the program should not be approved, the Minister may consider whether the operator of the program has, in the previous 10 years, been convicted of, or subject to proceedings for, an offence mentioned in subregulation 9A.21(A).

New subregulation 9A.16(1B) requires that, if the Minister is satisfied about matters in subregulation 9A.16(1), the Minister must tell the operator of the program in writing.

Item [32] – Subregulation 9A.16(3)

Subregulation 9A.16(3) of the Principal Regulations provides that an application to the Minister to make a decision under subregulation 9A.16(1), on whether a program is an approved captive breeding program, must include enough information for the Minister to decide whether each live animal bred under the program is bred in captivity.

Item 32 replaced subregulation 9A.16(3) to include an additional requirement that the application must also include a declaration stating whether the applicant has, in the previous 10 years, been convicted of, or is subject to proceedings for, an offence mentioned in subregulation 9A.21A(1).

Item [33] – Subregulations 9A.17(3) and (4)

Subregulation 9A.17(3) of the Principal Regulations provides that the application to the Minister to apply to the CITES Secretariat, under subregulation 9A.17(2), for approval of a program as a CITES-registered captive breeding program must include enough information for the Minister to decide whether each live animal bred under the program is bred in captivity and that the program meets the CITES requirements for a CITES-registered captive breeding program. Subregulation 9A.17(4) of the Principal Regulations provides that, if the Minister is satisfied that the criteria mentioned in subregulation 9A.17(3) are met, the Minister may apply to the CITES Secretariat to register the program.

Item 33 replaced subregulations 9A.17(3) and (4) with new subregulations 9A.17(3), 9A17(4) and 9A.17(4A). New subregulation 9A.17(3) would include an additional requirement that the application must include a declaration stating whether the applicant has, in the previous 10 years, been convicted of, or is subject to proceedings for, an offence mentioned in subregulation 9A.21A(1).

New subregulation 9A.17(4) provides that the Minister may apply to the CITES Secretariat for registration of the Program if satisfied that each live animal bred under the program is bred in captivity, the program would meet the CITES requirements and there are no reasons why the program should not be registered with the CITES Secretariat.

New subregulation 9A.17(4A) provides that in considering whether there are any reasons why the program should not be registered with the CITES Secretariat, the Minister may consider whether the operator of the program has, in the previous 10 years, been convicted of, or subject to proceedings for, an offence mentioned in subregulation 9A.21A(1).

Item [34] – Subregulation 9A.18(1)

Subregulation 9A.18(1) of the Principal Regulations provides that, for section 303FL of the Act, a program is taken to be an approved artificial propagation program if the Minister tells the operator of the program in writing that the Minister is satisfied that each live plant propagated under the program is artificially propagated.

Item 34 replaced subregulation 9A.18(1) with three new subregulations 9A.18(1), 9A.18(1A) and 9A.18(1B). New subregulation 9A.18(1) requires that the Minister must be satisfied that each live plant propagated under the program is artificially propagated and there are no reasons why the program should not be approved.

New subregulation 9A.18(1A) provides that, in considering whether there are any reasons why the program should not be approved, the Minister may consider whether the operator of the program has, in the previous 10 years, been convicted of, or subject to proceedings for, an offence mentioned in subregulation 9A.21A(1).

New subregulation 9A.18(1B) provides that, if the Minister is satisfied about matters in subregulation 9A.18(1), the Minister must tell the operator of the program in writing.

Item [35] – Subregulation 9A.18(3)

Subregulation 9A.18(3) of the Principal Regulations provides that, an application to the Minister to make a decision under subregulation 9A.18(1), on whether a program is an artificial propagation program, must include enough information for the Minister to decide whether each live plant propagated under the program is artificially propagated.

Item 35 replaced subregulation 9A.18(3) to include an additional requirement that the application must also include a declaration stating whether the applicant has, in the previous 10 years, been convicted of, or is subject to proceedings for, an offence mentioned in subregulation 9A.21A(1).

Item [36] – Subregulation 9A.19(1)

Subregulation 9A.19(1) of the Principal Regulations provides that, for section 303FM of the Act, a program is taken to be an approved aquaculture program if the Minister is satisfied that under the program no further environmental authorisation, within the meaning given by subsection 43A(2) of the Act, is necessary to allow the action to be taken lawfully; collection of aquaculture species for breeding will not have an adverse effect on the conservation status of a species or ecosystem; and environmental impacts are considered before aquaculture specimens may be released.

Item 36 replaced subregulation 9A.19(1) to include an additional requirement that the Minister must be satisfied there are no reasons why the program should not be approved.

Item 36 also inserted a new subregulation 9A.19(1A) which provides that in considering whether there are any reasons why the program should not be approved, the Minister may consider whether the operator of the program has, in the previous 10 years, been convicted of, or subject to proceedings for, an offence mentioned in subregulation 9A.21(A).

Item [37] – Subregulation 9A.19(2)

Subregulation 9A.19(2) of the Principal Regulations provides that, if the Minister is satisfied about the matters mentioned in subregulation 9A.19(1) for a program, the Minister must tell the operator of the program in writing.

Item 37 amended subregulation 9A.19(2) by deleting the reference to ‘a program’ to clarify that the Minister must be satisfied about all the matters mentioned in subregulation 9A.19(1) that relate to the operator of the program as well as those relating to the program itself.

Item [38] – After subregulation 9A.19(2)

Item 38 inserted a new subregulation 9A.19(2A) into the Principal Regulations which provides that a person may apply in writing to the Minister to make a decision about whether a program is an approved aquaculture program.

Item [39] – After regulation 9A.21

Item 39 inserted a new regulation 9A.21A into the Principal Regulations. New subregulation 9A.21A(1) provides the offences that are relevant for the purposes of declarations relating to convictions or proceedings that must be made in applications for approval of captive breeding, CITES-registered captive breeding, artificial propagation and aquaculture programs.

The offences are:

· offences under the Act or Principal Regulations;

· offences under any other law of the Commonwealth about the protection, conservation or management of native species or ecological communities;

· offences under section 6 of the Crimes Act 1914, or sections 11.1, 11.4 or 11.5 of the Criminal Code; and

· offences under any law of a State or Territory about the protection, conservation or management of native species or ecological communities; and offences under state or territory laws equivalent to a provision under section 6 of the Crimes Act 1914, or sections 11.1, 11.4 or 11.5 of the Criminal Code.

New subregulation 9A.21A(2) provides that a person making a declaration is taken to have been convicted of an offence if the person has been charged with, and found guilty of, the offence but discharged without conviction; or has not been found guilty of the offence, but a court has taken the offence into account in passing sentence on the person for another offence.

Item [40] – Part 10, heading

The heading for Part 10 of the Principal Regulations is ‘Protected Areas (other than Commonwealth reserves)’.

Item 40 replaced the Part 10 heading with ‘Management principles for protected areas’ to better describe the contents of the Part.

Item [41] – Part 10, Division 1, heading

The first Division under Part 10 of the Principal Regulations is identified as ‘Division 1 Australian World Heritage Properties’.

Item 41 replaced the heading with ‘Division 10.1 Australian World Heritage Properties’ in order to make the numbering consistent with the Division numbering throughout the Principal Regulations.

Item [42] – Part 10, Division 2, heading

The second Division under Part 10 of the Principal Regulations is identified as ‘Division 2 Managing National Heritage Places’.

Item 42 replaced this heading with ‘Division 10.2 Managing National Heritage Places’ in order to make the numbering consistent with the Division numbering throughout the Principal Regulations.

Item [43] – After regulation 10.01B

Item 43 inserted three new regulations 10.01BA, 10.01BB and 10.01BC into the Principal Regulations.

New regulation 10.01BA specifies that comments made to the Australian Heritage Council (the Council) on the finalised priority assessment list for National Heritage places, must be made in writing and address particular, specified issues that relate to the appropriateness of listing.

New regulation 10.01BB provides the particular content and form of comments made to the Council about the listing of place considered to be under threat of a significant adverse impact. Comments must be made in writing and address particular, specified issues that relate to the appropriateness of listing.

New regulation 10.01BC provides that a copy or summary of the instrument of the Minister’s decision, on whether to list a place under threat of a significant adverse impact, must be published at an appropriate place on the internet.

Item [44] – Part 10, before Division 3

Item 44 inserted a new Division 2A containing regulations 10.01BD, 10.01BE, 10.01BF, 10.01BG and 10.01BH into the Principal Regulations.

New regulation 10.01BD specifies that Division 2A deals with the inclusion, in the National Heritage and Commonwealth Heritage Lists, of additional National and Commonwealth Heritage values of National and Commonwealth Heritage places respectively.

New subregulation 10.01BD(2) specifies certain definitions of the terms assessment completion time, proposed value and assessed value that are defined with reference to certain regulations within Division 2A.

New regulation 10.01BE allows the Minister to request the Council to assess whether a National Heritage or Commonwealth Heritage place has additional heritage values if the Minister considers that it does and to specify a completion time for the assessment.

New regulation 10.01BF requires the Council to undertake an assessment of the heritage values of a place if a request has been made under regulation 10.01BE. This regulation also requires the Council to undertake a written assessment and provide a copy of the assessment and any comments received to the Minister, to notify owners and certain indigenous persons in cases where a place may have additional heritage values and provide these persons with the opportunity to comment. New subregulation 10.01BF(6) provides special consultation provisions in cases where more than 50 indigenous persons are involved.

New subregulation 10.01BG(1) requires that an assessment under regulation 10.01BF must be completed within the specified assessment time (set by the Minister in the assessment request - see new subregulation 10.01BE(2)) or as extended by the Minister upon request by the Council. New subregulations 10.01BG (2) to (5) provide that the Council may request the Minister to grant an extension of time to complete an assessment and specifies that five years is the maximum length of all extension, that extensions must be in writing and must be published.

New subregulations 10.01BH(1) to (4) provide that the Minister must decide whether or not to include the proposed additional values in the National Heritage or Commonwealth Heritage List within 90 business days after receiving an assessment from the Council. The Minister can extend or further extend in writing the time period for making the decision and the particulars of any extension must be published on the internet.

New subregulation 10.01BH(5) specifies that, in making a decision, the Minister must have regard to the Council’s assessment and any comments provided to the Minister from owners or occupiers or indigenous persons consulted by the Council.

New subregulation 10.01BH(6) provides that the Minister may request and consider information or advice from any source when making a decision on whether or not to list additional values for a place.

New subregulations 10.01BH (7) to (9) provide that if the Minister decides to include the additional values in either of the lists, the Minister is obligated to advise anyone who is an owner or occupier of all or part of the place of the inclusion of the additional heritage value on the relevant list. Whether or not the Minister decides to include the additional heritage values, the Minister must publish the decision or instrument in an appropriate location on the internet.

Item [45] – Part 10, Division 3, heading

The third Division under Part 10 of the Principal Regulations is identified as ‘Division 3 Managing wetlands of international importance’.

Item 45 replaced this heading with ‘Division 10.3 Managing wetlands of international importance’ in order to make the numbering consistent with the Division numbering throughout the Principal Regulations.

Item [46] – Part 10, Division 4, heading

The fourth Division under Part 10 of the Principal Regulations is identified as ‘Division 4 Managing Biosphere reserves.’

Item 46 replaced this heading with ‘Division 10.4 Managing Biosphere reserves’ in order to make the numbering consistent with the Division numbering throughout the Principal Regulations.

Item [47] – Part 10, Division 5, heading

The fifth Division under Part 10 of the Principal Regulations is identified as ‘Division 5 Managing Commonwealth Heritage places’.

Item 47 replaced this heading with ‘Division 10.5 Managing Commonwealth Heritage places’ to amend the numbering of the Division in order to make it consistent with the Division numbering throughout the Principal Regulations.

Item [48] – After regulation 10.03AB

Item 48 inserted three new regulations 10.03AC, 10.03AD and 10.03AE into the Principal Regulations.

New regulation 10.03AC specifies the required content and form of comments made on the Council’s finalised priority assessment list for Commonwealth Heritage places. Comments must be made in writing and address one or more of the particular specified issues that relate to the appropriateness of listing.

New regulation 10.03AD specifies the required content and form of comments made to the Council on the listing of places, under threat of a significant adverse impact, on the Commonwealth Heritage List. Comments must be made in writing and address one or more of the particular specified issues that relate to the appropriateness of listing.

New regulation 10.03AE provides that the instrument in which the Minister declares whether a place, which was placed on the Commonwealth Heritage List because it was under threat, should remain on the Commonwealth Heritage List, must be published at an appropriate location on the internet.

Item [49] – Regulation 10.03C, note

Regulation 10.03C of the Principal Regulations addresses the publication of notices about management plans for Commonwealth Heritage places for the purposes of paragraph 341S(6)(b) of the Act.

Item 49 amended the note in regulation 10.03C to correct an inaccuracy in the referencing. The note specifies that a notice mentioned in regulation 10.03C must be published in accordance with subregulation 16.05A(2).

Item [50] – Part 10, Division 6, heading

The sixth Division under Part 10 of the Principal Regulations is identified as ‘Division 6 Australian IUCN reserves’.

Item 50 replaced this heading with ‘Division 10.6 Australian IUCN reserves’ to amend the numbering of the Division in order to make it consistent with the Division numbering throughout the Principal Regulations.

Item [51] – Regulation 12.03, heading

Regulation 12.03 of the Principal Regulations has the heading ‘Determinations by the Director’.

Item 51 replaced the heading of this regulation with ‘Determinations and other decisions made by the Director’ to be consistent with the amendments made to regulation 12.30 in item 52 below in which the role of the Director in imposing prohibitions and restrictions and making decisions to approve or provide something, is acknowledged in addition to their role in making determinations. Regulation 12.03 sets out that when undertaking any of these roles, the Director must take into account the possible effect of the activity on the Commonwealth reserve.

Item [52] – Regulation 12.03, except the heading

Regulation 12.03 of the Principal Regulations specifies the matters that the Director may take into account in making a determination under Part 12 of the Principal Regulations to control an activity in a Commonwealth reserve.

Item 52 amended regulation 12.03 so that these matters also apply to circumstances when the Director imposes a prohibition or restriction or approves or provides something under Part 12 of the Principal Regulations in order to control an activity in a Commonwealth reserve.

Item [53] – Paragraph 12.03(f)

Regulation 12.03 of the Principal Regulations specifies the matters that the Director may take into account in making a determination, imposing a prohibition or restriction or approving or providing something under Part 12 in order to control an activity in a Commonwealth reserve.

Item 53 amended the punctuation at the end of paragraph 12.03(f) as a consequence of the amendments to regulation 12.03 in item 54 below.

Item [54] – After paragraph 12.03(f)

Regulation 12.03 of the Principal Regulations specifies matters that the Director may take into account in making a determination, imposing a prohibition or restriction or approving or providing something under Part 12 in order to control an activity in a Commonwealth reserve.

Item 54 inserted a new paragraph 12.03(g) to specify that the Director, in making the determinations and decisions relating to activities in Commonwealth reserves, may take into account whether the activity might be inconsistent with a management plan in operation for the reserve.

Item [55] – Paragraph 12.06(1)(b)

Paragraph 12.06(1)(b) of the Principal Regulations provides that offence provisions of Division 12.2 do not apply to an activity carried out by the Director, a ranger or warden.

Item 55 amended paragraph 12.06(1)(b) to clarify that activities carried out by the Director, a ranger, warden or inspector are not offences under Division 12.2 of the Principal Regulations if they are undertaken in the performance of their duties.

Item [56] – Subparagraph 12.06(1)(e)(ii)

Subparagraph 12.06(1)(e)(ii) of the Principal Regulations provides that any offence provision of Division 12.2 does not apply to an activity carried out on indigenous people’s land in a jointly managed reserve by an indigenous person who is entitled by Aboriginal tradition to use or occupy the land.

Item 56 amended subparagraph 12.06(1)(e)(ii) so that the entitlement to carry out activities by indigenous tradition specifically relates to the traditional rights of that person with respect to particular land rather than broader Aboriginal traditional.

Item [57] – Subparagraph 12.06(1)(g)(ii)

Subparagraph 12.06(1)(g)(ii) of the Principal Regulations provides that any offence provision of Division 12.2 does not apply to an activity in a class of actions declared by the Minister not to require approval under Part 9 of the Act if it is taken in accordance with an accredited management plan for the purposes of the declaration.

Item 57 amended subparagraph 12.06(1)(g)(ii) to replace the words ‘is taken’ with the word ‘taken’ to correct a duplication of ‘is’ referring to this subparagraph.

Item [58] – Paragraph 12.06(1)(m)

Paragraph 12.06(1)(m) of the Principal Regulations provides that an activity is not an offence under Division 12.2 if the activity is carried out by a person complying with a direction given to the person by the Director, a ranger or warden or a police officer or an emergency services officer in the performance of their duties.

Item 58 replaced paragraph 12.06(1)(m) to clarify that the direction given by the Director, ranger, warden or police officer may be written or verbal, must be given before or at the time the activity is to be carried out and directs the person to carry out the activity at that time.

Item [59] – After regulation 12.06

Item 59 inserted a new regulation 12.06A into the Principal Regulations. New regulation 12.06A provides that strict liability applies to the physical element of being in a Commonwealth reserve for all offences in Part 12 of the Principal Regulations.

Item [60] – Paragraph 12.07(b)

Regulation 12.07 of the Principal Regulations specifies the regulations that do not apply in the Jabiru township. Paragraph 12.07(b) identifies regulation 12.14 (dumping of waste, littering etc) as one of the regulations that does not apply in the Jabiru township.

Item 60 replaced paragraph 12.07(b) with new paragraphs 12.07(b) and 12.07(ba) to specify that regulations 12.14 (Dumping of industrial waste) and 12.14A (Dumping of domestic waste) respectively, do not apply in the Jabiru township. This change was required as a consequence of amendments to regulation 12.14 in item 69 below where the offence of Dumping of waste, littering etc (regulation 12.14) was replaced by two separate offences of Dumping of industrial waste (regulation 12.14) and Dumping of domestic waste (regulation 12.14A).

Item [61] – Paragraph 12.07(h)

Regulation 12.07 of the Principal Regulations specifies the regulations that do not apply in the Jabiru township. Paragraph 12.07(h) identifies regulation 12.30 (Lighting fires) as one of the regulations that does not apply in the Jabiru township.

Item 61 replaced paragraph 12.07(h) with two new paragraphs 12.07(h) and 12.07(ha) to specify that regulations 12.30 (Lighting fires in a total fire ban) and 12.30A (Lighting fires) respectively, do not apply in the Jabiru township. This change was required as a consequence of amendments to regulation 12.30 in item 89 below where the offence of Lighting fires (regulation 12.30) were replaced by two separate offences of Lighting Fires in a total fire ban (regulation 12.30) and Lighting fires (regulation 12.30A).

Item [62] – Paragraph 12.07(o)

Regulation 12.07 of the Principal Regulations specifies the regulations that do not apply in the Jabiru township. Paragraph 12.07(o) identifies that regulation 12.41 (Vehicle use of tracks and roads) does not apply in the Jabiru Township.

Item 62 replaced paragraph 12.07(o) to specify that regulation 12.41 (Use of roads or tracks by vehicles) does not apply in the Jabiru Township to reflect the wording change to the offence provision of regulation 12.41.

Item [63] – Subregulation 12.09(1)

Subregulation 12.09(1) of the Principal Regulations provides that if the management plan in a Commonwealth reserve provides that activities mentioned in subsection 354(1) of the Act may be done in accordance with a permit issued under Division 12.2 of the Principal Regulations, then the Director can issue a permit for the activity in accordance with Part 17.

Item 63 amended subregulation 12.09(1) to provide that, in addition, permits can be issued for activities that are mentioned in section 354A of the Act.

Item [64] – Regulation 12.11

Regulation 12.11 of the Principal Regulations provides that it is an offence for a person to carry on an excavation, erect a building or other structure or carry out works in a Commonwealth reserve.

Item 64 amended regulation 12.11 to create a new subregulation 12.11(1) with the same effect as a consequence of the amendments to regulation 12.11 in item 65 below.

Item [65] – Regulation 12.11, after the penalty

Regulation 12.11 of the Principal Regulations provides that it is an offence to carry on an excavation, erect a building and carry on other works in a Commonwealth Reserve.

Item 65 inserted a new note in subregulation 12.11(1) to make it clear that subsection 354(1) of the Act provides that persons must not carry out acts unless they are done in accordance with a management plan in operation for a Commonwealth reserve and that section 354A of the Act provides offences in relation to these particular acts.

This item also inserted a new subregulation 12.11(2) which provides that an offence against subregulation 12.11(1) is a strict liability offence.

Item [66] – Regulation 12.12, including the penalty

Regulation 12.12 of the Principal Regulations provides that it is an offence for a person in a Commonwealth reserve to damage, deface, obstruct, remove or interfere with a natural feature, an object, sign or structure.

Item 66 replaced regulation 12.12 to establish an additional offence relating to roads and tracks. The maximum penalty was increased from 25 to 50 penalty units.

Item [67] – Regulation 12.13

Regulation 12.13 of the Principal Regulations provides that it is an offence if a person, in a Commonwealth reserve, damages, defaces, moves, possesses or interferes with heritage. The maximum penalty is 50 penalty units.

Item 67 amended regulation 12.13 to create a new subregulation 12.13(1) with the same effect as a consequence of amendments in item 68 below.

Item [68] – Regulation 12.13, after the penalty

Item 68 inserted a new note in subregulation 12.13(1) that makes it clear that subsection 354(1) of the Act provides that persons must not do particular acts unless they are done in accordance with a management plan in operation for a Commonwealth reserve and that section 354A of the Act provides offences in relation to these particular acts.

Item 68 also inserted a new subregulation 12.13(2) into the Principal Regulations to provide that an offence against subregulation 12.13(1) is a strict liability offence.

Item [69] – Regulation 12.14

Regulation 12.14 of the Principal Regulations provides that minerals, mineral waste or any other solid waste or any noxious, offensive or polluting substance must not be discharged or left in a Commonwealth reserve other than in an area approved or provided for the purpose by the Director. The maximum penalty is 50 penalty units. Subregulation 12.14(3) provides that liquid or gaseous material must not be released in a Commonwealth reserve if the release is likely to pollute the air, soil, water or watercourse; or be harmful to native species; or be harmful or offensive to another person. The maximum penalty is 50 penalty units. Subregulation 12.14(4) provides that a person must not leave litter, dung or other refuse in a Commonwealth reserve except in an area or receptacle approved or provided for that purpose by the Director. The maximum penalty is 10 penalty units. Subregulation 12.14(6) provides that an offence against regulation 12.14 is a strict liability offence.

Item 69 replaced regulation 12.14 with three new regulations 12.14, 12.14A and 12.14B.

New regulation 12.14 applies to the dumping of solid, liquid or gaseous material that is industrial waste. New subregulation 12.14(3) provides that it is an offence to discharge, dispose of or leave solid industrial waste in a Commonwealth reserve with a maximum penalty of 50 penalty units. New subregulation 12.14(4) provides that it is an offence to discharge, dispose of or release industrial waste of liquid or gaseous material likely to pollute the air, soil, water or watercourse; be harmful to native species; or be harmful or offensive to another person except in an area or receptacle approved or provided for that purpose by the Director with a maximum penalty of 50 penalty units. New subregulation 12.14(6) provides that an offence against subregulations 12.14(3) or (4) is a strict liability offence.

New regulation 12.14A applies to domestic waste including litter, dung or sewage and establishes that domestic waste means waste created by humans other than industrial waste. New subregulation 12.14A(3) provides that it is an offence for a person to discharge, dispose of or release domestic waste likely to pollute the air, soil, water or watercourse; be harmful to native species; or be harmful or offensive to another person in a Commonwealth reserve with a maximum penalty of 50 penalty units. New subregulation 12.14A(4) provides that waste may be discharged, disposed of, released or left in an area or receptacle determined or provided by the Director under subregulation 12.14B. New subregulation 12.14A(5) provides that an offence against subregulation 12.14(3) is a strict liability offence.

New subregulation 12.14B(1) provides that, for regulations 12.14 and 12.14A, the Director may approve or provide an area or a receptacle in a Commonwealth reserve where industrial or domestic waste may be discharged, disposed of or released. New subregulation 12.14B(2) provides that the Director may determine conditions that apply to areas or receptacles determined under subregulation 12.14B(1). New subregulations 12.14B(3), (4) and (5) provide that the Director must erect identifying signs as near as practicable to the areas or receptacles approved and if there have been any determinations relating to the kind of waste that may or may not be deposited, the manner of discharge or the periods of use that, then the signs must specify the conditions relating to the determination. New subregulation 12.14B(6) provides that notice of a determination must be published in the Gazette stating the location of the area or receptacle and any conditions relating to the disposal of waste.

Item [70] – Subregulation 12.19(1), except the penalty

Subregulation 12.19(1) of the Principal Regulations specifies that a person must not cause or allow an animal owned by, or in the charge of, the person, to enter or remain in a Commonwealth reserve.

Item 70 replaced subregulation 12.19(1) to provide that it is an offence if a person allows an animal owned by, or in the possession of the person, to enter or remain in a Commonwealth reserve.

Item [71] – Paragraph 12.19(3)(c)

Paragraph 12.19(3)(c) of the Principal Regulations provides that an offence under subregulation 12.19(1) does not apply to a person, if the animal is confined to a vessel in passage through a marine area.

Item 71 replaced paragraph 12.19(3)(c) to provide that, in addition to the other matters in subregulation 12.19(3), an offence under subregulation 12.19(1) does not apply to the taking of a dead non-native animal or dead native fish into a Commonwealth reserve as bait for fishing in accordance with a determination made by the Director that such bait can used in the reserve.

Item 71 also inserted a new paragraph 12.19(3)(d) to provide that an offence under subregulation 12.19(1) does not apply to a person, if the animal is confined to a vessel in passage through a marine area.

Item [72] – Subregulation 12.19(5), except the penalty

Subregulation 12.19(5) of the Principal Regulations provides that a person must not take the carcass of an animal into a Commonwealth reserve as food and dismember, disembowel or skin the carcass within 50 metres of an area of water in the reserve.

Item 72 amended subregulation 12.19(5) to clarify that subregulation 12.19(5) is an offence.

Item [73] – After subregulation 19.19(6)

Item 73 inserted a new subregulation 12.19(7) into the Principal Regulations to provide that an offence against subregulations 19.19(1), (4) or (5) is a strict liability offence.

Item [74] – After regulation 12.19

Item 74 inserted four new regulations 12.19A, 12.19B, 12.19C and 12.19D into the Principal Regulations.

New regulation 12.19A provides that it is a strict liability offence for a person to take an action in a Commonwealth reserve that results in the death or injury of a non-native species in the reserve, or involves taking, trading, keeping or moving a member of a non-native species in the reserve. The maximum penalty is 50 penalty units. New subregulation 12.19A(2) provides an exemption from the offence provision in circumstances where the person is permitted by the regulations to take the action in the Commonwealth reserve.

New regulation 12.19B provides that it is a strict liability offence for a person to take an action in a Commonwealth reserve that results in the death or injury of a member of a native species in the reserve, or involves taking, keeping or moving a member of a native species in the reserve.

Item 74 also inserted a new note in subregulation 12.19B(1) that makes it clear that subsection 354(1) of the Act provides that persons must not do particular acts unless they are done in accordance with a management plan in operation for a Commonwealth reserve and that section 354A of the Act provides offences in relation to these particular acts. New subregulation 12.19B(2) further provides that it is an offence under subregulation 12.19B(1) to take an action that disturbs or harms a native species or the habitat of a native species. New subregulation 12.19B(3) provides an exemption from the offence provision in circumstances where the person is permitted by the regulations to take the action in a Commonwealth reserve.

New subregulations 12.19C (1) and (2) provide that a ranger or warden may direct a person to cease specified actions in a Commonwealth reserve in relation to native species and that a person must comply with such a direction. The maximum penalty is 50 penalty units. New subregulation 12.19C(3) provides that an offence against subregulation 12.19C(2) is a strict liability offence.

New regulation 12.19D provides that it is a strict liability offence to take a shell that has been the outer covering of an animal in, or remove a shell from a Commonwealth reserve. The maximum penalty is 20 penalty units.

Item [75] – Subregulation 12.20(1), except the penalty

Subregulation 12.20(1) of the Principal Regulations provides that a person must not cause or allow a plant to be taken into, or possess a plant in a Commonwealth reserve.

Item 75 would replace subregulation 12.20(1) to clarify that the taking of the specified action is an offence.

Item [76] – Subregulation 12.20(5)

Subregulation 12.20(5) of the Principal Regulations provides that, for subregulation 12.20(4), a plant is confined to a vehicle or vessel only if no part of the plant is capable of being spread beyond the vehicle or vessel.

Item 76 amended subregulation 12.20(5) to replace the reference to subregulation 12.20(4) with a reference to subregulation 12.20(3) to correct an inaccuracy in referencing.

Item [77] – After subregulation 12.20(5)

Item 77 inserted a new subregulation 12.20(6) into the Principal Regulations. Subregulation 12.20(6) provides that an offence under subregulation 12.20(1) is a strict liability offence.

Item [78] – Paragraphs 12.21(2)(a) and (b)

Subregulation 12.21(2) of the Principal Regulations provides that the offence in subregulation 12.21(1) does not apply in specified circumstances in relation to land that is within the township.

Item 78 amended paragraphs 12.21(2)(a) and (b) to replace the word ‘township’ with the words ‘Jabiru township’.

Item [79] – Subregulation 12.22(1)

Subregulation 12.22(1) of the Principal Regulations provides that regulation 12.22 applies if the Director directs a person in writing to remove a plant that meets the listed criteria.

Item 79 amended subregulation 12.22(1) to provide that the Director may direct a person, in writing, to remove a plant that meets the listed criteria.

Item [80] – Subregulation 12.23(1), except the penalty

Subregulation 12.23(1) of the Principal Regulations provides that a person must not enter a Commonwealth reserve or a part of a reserve in contravention of a prohibition or restriction imposed by the Director under subregulation 12.23(3).

Item 80 replaced subregulation 12.23(1) to provide that a person commits an offence if they enter or remain in a Commonwealth reserve, or a part of a reserve, in contravention of a prohibition or restriction imposed by the Director under subregulation 12.23(3).

Item [81] – Subregulation 12.23(2)

Subregulation 12.23(2) of the Principal Regulations provides that in a jointly managed reserve, the offence under subregulation 12.23(1) does not apply to a member or officer of a land council for indigenous people’s land, in the part of the reserve entered, who is performing their duties as a member or officer.

Item 81 amended subregulation 12.23(2) to provide that the offence under subregulation 12.23(1) does not apply to a member or officer performing their duties with respect to that land in the reserve.

Item [82] – Subregulation 12.23(3)

Subregulation 12.23(3) of the Principal Regulations provides that, for subregulation 12.23(1), the Director may prohibit or restrict entry to persons generally or to a class of persons, at all times, or for a specified period, and to all or part of a Commonwealth reserve.

Item 82 replaced subregulation 12.23(3) with two new subregulations 12.23(3) and 12.23(3A). These subregulations provide that the Director may prohibit or restrict persons entering or remaining in all or part of a Commonwealth reserve and that such prohibitions or restrictions may apply at all times, at specified times or for specified periods.

Item [83] – After regulation 12.23

Item 83 inserted a new regulation 12.23A into the Principal Regulations. New subregulation 12.23A(1) provides that a person commits an offence if they engage in an activity in a Commonwealth reserve, or in part of a Commonwealth reserve, in contravention of a prohibition or restriction imposed by the Director under subregulation 12.23(3). The maximum penalty is 50 penalty units. New subregulation 12.23A(2) provides that the offence under subregulation 12.23(1) does not apply in a jointly managed reserve to a member or officer of a land council for indigenous people’s land who is performing their duties as a member or officer with respect to that land in the reserve. New subregulations 12.23A(3) and (4) provide that the Director may prohibit or restrict an activity in a Commonwealth reserve or part of a Commonwealth reserve and that these may apply at all times, specified times or for a specified period. New subregulation 12.23A(5) provides that notices of the prohibitions or restrictions must be published unless it is the result of an emergency situation.

Item [84] – After subregulation 12.25(2), including the penalty

Subregulation 12.25(2) of the Principal Regulations provides that a person must comply with a reasonable direction concerning safety given under subregulation 12.25(1).

Item 84 inserted a new subregulation 12.25(3) to provide that an offence under subregulation 12.25(2) is a strict liability offence.

Item [85] – Regulation 12.26

Regulation 12.26 of the Principal Regulations provides that a person must not carry out listed adventurous activities in a Commonwealth reserve other than in an area provided for the activity under a determination made by the Director under subregulation 12.26(2). The maximum penalty is 30 penalty units.

Item 85 replaced regulation 12.26. New subregulation 12.26(1) provides that, in addition to the existing listed adventurous activities, an activity determined by the Director under subregulation 12.26(4) will also be considered an adventurous activity. New subregulation 12.26(2) provides that a person commits an offence if they carry out an adventurous activity in an area of a Commonwealth reserve other than an area provided for the activity under a determination made by the Director under subregulation 12.26(5). The maximum penalty is 30 penalty units. New subregulation 12.26(3) provides that a person commits an offence if they carry out an adventurous activity, that has been determined to be an adventurous activity under subregulation 12.26(4), in an area of a Commonwealth reserve and they contravene a condition in a determination made by the Director in subregulation 12.26(5). The maximum penalty is 30 penalty units. New subregulations 12.26(4) and (5) provide that the Director may determine additional activities to be adventurous activities and also where, how, by whom and when adventurous activities may be carried out in a Commonwealth reserve or part of a reserve. New subregulation 12.26(6) requires that notice of a determination be published.

Item [86] – Paragraph 12.27(2)(c)

Item 86 amended the punctuation at the end of paragraph 12.27(2)(c) as a consequence of the amendment to subregulation 12.27(2)(c) in item 87 below.

Item [87] – After paragraph 12.27(2)(c), before the penalty

Subregulation 12.27(2) of the Principal Regulations provides that a person must not engage in listed behaviours that constitute public nuisance in a Commonwealth reserve.

Item 87 inserted a new paragraph 12.27(2)(d) to provide that a person must not activate a device, that is provided by the Director to allow contact to be made with a warden or ranger in an emergency, in a situation that is not an emergency.

Item [88] – Subregulation 12.28(5)

Regulation 12.28 of the Principal Regulations provides for camping in a Commonwealth reserve only in a camping area or camping site identified in a determination made by the Director. Subregulation 12.28(5) provides that a determination under subregulation 12.28(3) or (4) must be published, unless the determination is made to deal with an emergency that may endanger public safety.

Item 88 replaced subregulation 12.28(5) to provide that a notice of the determination made by the Director is to be provided on a sign in or near the camping grounds unless it relates to an emergency that may endanger public safety.

Item [89] – Regulation 12.30

Regulation 12.30 of the Principal Regulations provides that a person must not light, maintain or use a fire in a Commonwealth reserve, or in part of a reserve, while a total fire ban has been declared by the Director for the reserve or part of a reserve; or at any other time leave a fire unattended. At any other time a person must not light, maintain or use a fire except when it is at an approved specified place, or uses equipment that is approved or provided by the Director. A person who lights or uses a fire for cooking or heating in part of a reserve must not use any fuel that is prohibited under the management plan to be used in that part of the reserve. The maximum penalty is 15 penalty units. The Director may declare that a period mentioned in the declaration is a period of total fire ban and must publish and display notice of the declaration of a total fire ban, but does not have to display a notice under certain circumstances.

Item 89 replaced regulation 12.30 with three new regulations 12.30, 12.30A and 12.30B.

New regulation 12.30 relates to lighting fires in a total fire ban. New subregulation 12.30(1) provides that a person commits an offence if the person lights, maintains or uses a fire in a Commonwealth reserve, or in part of a reserve, while a total fire ban declared by the Director under subregulation 12.30(2) is in force for the reserve or part of a reserve. The maximum penalty is 50 penalty units. New subregulation 12.30(2) provides that the Director may declare periods to be total fire bans for a Commonwealth reserve or part of a reserve and subregulations 12.30(3), (4) and (5) would provide that notices of a declaration must be published, contain certain details and be displayed; the circumstances in which such notices do not have to be made, or displayed; and that alternate methods of communication must be used in these situations. New subregulation 12.30(6) provides that an offence against subregulation 12.30(1) is a strict liability offence.

New regulation 12.30A relates to lighting fires other than in a period declared as a period of total fire ban for the Commonwealth reserve or part of the reserve. New subregulation 12.30A(2) provides that a person commits an offence if the person lights, maintains or uses a fire in a Commonwealth reserve, or a part of a reserve, other than in specified equipment or at specified places or with equipment approved or provided by the Director. The maximum penalty is 50 penalty units. New subregulation 12.30A(3) provides that the Director may determine the conditions, places, manner and period that persons can use barbecues, stoves, fireplaces or places. New subregulations 12.30A(4) and (5) provides that it is an offence to leave a fire unattended or to light a fire using fuel that is prohibited under a management plan for that part of the Commonwealth reserve. The maximum penalties are 50 and 15 penalty units respectively. New subregulation 12.30A(6) provides that an offence against subregulations 12.30A(2), (4) or (5) is a strict liability offence.

New regulation 12.30B provides that, if the Director makes a determination under subregulation 12.30A(3), the Director must erect a sign, as near as practicable to the barbecue or stove, fireplace or place specifying the conditions set out in the determination and that the barbecue or stove, fireplace or place is not to be used during a period, declared by the Director, to be a total fire ban period.

Item [90] – Subregulation 12.31(2)

Subregulation 12.31(2) of the Principal Regulations provides that it is not an offence under subregulation 12.31(1) for the organisation or attendance of a public gathering of more than 15 persons in a Commonwealth reserve that is in accordance with a lease or licence granted by the Director or organised by the Director.

Item 90 replaced subregulation 12.31(2) to provide that the offence under subregulation 12.31(1) does not apply to a gathering organised by the Director or Board; a family group, or family groups, travelling together; or a group or gathering determined by the Director under subregulation 12.31(3).

Item 90 also inserted a new subregulation 12.31(3) to provide for the Director to determine that certain groups or gatherings are exempt from the offence provision in subregulation 12.31(1).

Item [91] – Subregulations 12.34(1) and (2), including the penalties

Subregulation 12.34(1) of the Principal Regulations provides that a person may carry out commercial fishing in a Commonwealth reserve only under specified conditions.

Subregulation 12.34(2) of the Principal Regulations provides that a person authorised under the conditions specified in subregulation 12.34(1) must comply with a determination for the reserve, or in part of the reserve, made by the Director under subregulation 12.34(3).

Item 91 replaced subregulation 12.34(1) to establish that it is an offence to carry out commercial fishing other than under the specified conditions. Item 91 also inserted a new note in subregulation 12.34(1) to make it clear that subsection 354(1) of the Act provides that persons must not do particular acts unless they are done in accordance with a management plan in operation for a Commonwealth reserve and that section 354A of the Act provides offences in relation to these particular acts.

Item 91 also replaced subregulation 12.34(2) to provide that it is an offence if a person does not comply with a determination made by the Director under subregulation 12.34(3).

Item [92] – After subregulation 12.34(5)

Item 92 inserted a new subregulation 12.34(6) into the Principal Regulations to provide that an offence against subregulations 12.34(1) or (2) is a strict liability offence.

Item [93] – Subparagraph 12.35(3)(b)(iii)

Subparagraph 12.35(3)(b)(iii) of the Principal Regulations provides that the Director may determine, in relation to an area of water where fishing other than commercial fishing is allowed, that specified kinds of fishing gear must be carried or used by persons fishing or intending to fish.

Item 93 amended subparagraph 12.35(3)(b)(iii) to also provide for the Director to determine the quantities and combinations of fishing gear.

Item [94] – Subparagraph 12.35(4)(b)(iv)

Paragraph 12.35(4)(b) of the Principal Regulations provides that a person fishing in an area of water in a Commonwealth reserve commits an offence if they take fish using other than certain types of equipment. Subparagraph 12.35(4)(b)(iv) of the Principal Regulations provides that a person who is fishing in an area of water commits an offence if the person attracts or takes fish using, or installs, equipment other than a spear or spear gun of a kind that is mentioned in a determination made under subparagraph 12.35(3)(b)(iv) as a method of taking fish in the area of water.

Item 94 amended subparagraph 12.35(4)(b)(iv) to clarify that the offence applies to the use of a spear or spear gun that is not specified in a determination under paragraph 12.35(3)(b) as a spear or spear gun that may be used in the area of water.

Item [95] – Subregulation 12.36(1), including the penalty

Subregulation 12.36(1) of the Principal Regulations provides that a person must not carry out a commercial activity in a Commonwealth reserve. The maximum penalty is 30 penalty units.

Item 95 replaced subregulation 12.36(1) to provide that it is an offence for a person to carry out a commercial activity in a Commonwealth reserve. The maximum was be increased to 50 penalty units.

Item 95 also inserted a new note after subregulation 12.36(1) that makes it clear that subsection 354(1) of the Act provides that persons must not do particular acts unless they are done in accordance with a management plan in operation for a Commonwealth reserve and that section 354A of the Act provides offences in relation to these particular acts.

Item [96] – After subregulation 12.36(3)

Item 96 inserted a new subregulation 12.36(4) into the Principal Regulations to provide that an offence against subregulation 12.36(1) is a strict liability offence.

Item [97] – Regulation 12.37, penalty

Regulation 12.37 of the Principal Regulations provides that a person must not sell liquor in Kakadu National Park. The penalty is set at 20 penalty units.

Item 97 amended the maximum penalty in regulation 12.37 to 50 penalty units.

Item [98] – Regulations 12.41 and 12.42

Regulation 12.41 of the Principal Regulations provides that a person may only drive, ride or tow a vehicle on particular roads, public access tracks and areas, and must not drive, ride or tow a vehicle in contravention of any prohibition or restriction imposed by the Director under regulation 12.42. The maximum penalty is 15 penalty units. Subregulation 12.41(3) of the Principal Regulations provides that the restrictions in regulation 12.41 do not apply to members or officers of land councils for indigenous people’s land undertaking their duties on the specified land.

Regulation 12.42 of the Principal Regulations provides that the Director may determine roads and tracks, prohibit or restrict access to roads and tracks by vehicles or classes of vehicles and must give notice and display signs relating to these determinations.

Item 98 replaced regulations 12.41 and 12.42. New regulation 12.41 provides that it is an offence for a person to operate or ride a motor vehicle, or tow a vehicle in a Commonwealth reserve other than on a vehicle access road or vehicle access track, or in a camping area or parking area or in contravention of a prohibition or restriction imposed by the Director. The maximum penalty is 50 penalty units in each case.

New regulation 12.42 provides that the Director may prohibit or restrict the use of motor vehicles or a class of motor vehicles on a vehicle access road or vehicle access track in a Commonwealth reserve or a class of persons from using motor vehicles on a vehicle access road or vehicle access track in a Commonwealth reserve. If the Director makes a prohibition or restriction, the Director must erect a sign in accordance with subregulation 12.44A(1).

Item [99] – Paragraph 12.43(1)(a)

Paragraph 12.43(1)(a) of the Principal Regulations provides that a person must not drive a vehicle on a part of a road or public access track at more than the maximum speed for that part of the road or track.

Item 99 amended paragraph 12.43(1)(a) to provide that a person must not operate a motor vehicle on a vehicle access road or a vehicle access track at more than the maximum speed for that part of the road or track as a consequence of amendments relating to operation of vehicles in item 98 above.

Item [100] – Paragraph 12.43(1)(b)

Paragraph 12.43(1)(b) of the Principal Regulations provides that a person must not drive a vehicle in a parking area or camping area at more than 20 kilometres per hour.

Item 100 amended paragraph 12.43(1)(b) to provide that a person must not operate a motor vehicle in a parking area or camping area at more than 20 kilometres per hour as a consequence of amendments relating to the operation of vehicles in item 98 above.

Item [101] – Paragraph 12.43(1)(c)

Paragraph 12.43(1)(c) of the Principal Regulations provides that a person must not drive or ride a vehicle on a road or public access track along a one-way traffic carriageway except in the direction indicated by an arrow on a traffic sign mentioned in subregulation 12.53(4).

Item 101 replaced paragraph 12.43(1)(c) to provide that a person must not operate a motor vehicle on a vehicle access road or a vehicle access track along a one-way traffic carriageway except in the direction indicated by an arrow on a traffic sign mentioned in subregulation 12.44A(2) for a road or track as a consequence of amendments in item 98 above.

Item [102] – Subregulations 12.43(2) and (3)

Item 102 amended subregulations 12.43(2) and (3) of the Principal Regulations to replace the words ‘a road or public access track’ with the words ‘a vehicle access road or vehicle access track’ as a consequence of amendments in item 98 above.

Item [103] – Subregulation 12.43(4)

Item 103 amended subregulation 12.43(4) of the Principal Regulations to replace the reference to subregulation 12.53(4) with a reference to subregulation 12.44A(2) as a consequence of the amendments in item 107 below.

Item [104] – Subparagraph 12.44(1)(a)(ii)

Paragraph 12.44(1)(a) of the Principal Regulations provides that a person must not park or stop a vehicle in a Commonwealth reserve other than in specified places. Subparagraph 12.44(1)(a)(ii) provides that a road or public access track is a specified place at which parking and stopping is allowed.

Item 104 replaced subparagraph 12.44(1)(a)(ii) to provide that vehicles can only be parked or stopped at the side or shoulder of a vehicle access road or a vehicle access track.

Item [105] – Subregulation 12.44(3)

Item 105 amended subregulation 12.44(3) of the Principal Regulations to replace the reference to subregulations 12.53(2) and (3) with references to subregulations 12.44A(3) and (4) as a consequence of amendments in item 107 below.

Item [106] – After regulation 12.44

Item 106 inserted a new regulation 12.44A into the Principal Regulations relating to signs for controlling traffic. New subregulation 12.44A(1) provides the criteria for a sign displayed under subregulation 12.42(2) in relation to a vehicle access road or vehicle access track. New subregulation 12.44A(2) provides that a sign displayed under paragraph 12.43(1)(c) must include the words ‘ONE WAY’ and an arrow indicating the direction a vehicle using the road or track must proceed. New subregulation 12.44A(3) specifies the criteria for a sign displayed under subregulation 12.44(3) to prohibit the parking or stopping of vehicles. New subregulation 12.44A(4) specifies the criteria for a sign displayed under subregulation 12.44(3) to designate a part of the reserve within which vehicles may stop or be parked. The signs are required to indicate the areas, and specify the class of vehicles, and any periods or restrictions that apply to vehicles within the area.

Item [107] – Regulation 12.53

Regulation 12.53 of the Principal Regulations provides for signs for controlling traffic.

Item 107 repealed regulation 12.53 from the Principal Regulations as a consequence of the amendments in item 106 above.

Item [108] – Subregulation 12.54(1), except the penalty

Subregulation 12.54(1) of the Principal Regulations provides that a person must not drive or ride a vehicle in a Commonwealth reserve beyond a location at which a ranger or warden or person authorised to operate an entrance station requires the person to stop until the ranger, warden or authorised person indicates that the driver or rider may proceed.

Item 108 replaced subregulation 12.54(1) to provide that it is an offence for a person to proceed in a Commonwealth reserve beyond a location at which a ranger or warden or person authorised to operate an entrance station requires the person to stop until the ranger, warden or authorised person indicates that the driver or rider may proceed.

Item [109] – Subregulation 12.54(3)

Subregulation 12.54(3) of the Principal Regulations provides that an offence against regulation 12.54 is a strict liability offence.

Item 109 replaced subregulation 12.54(3) with two new subregulations 12.54(3) and 12.54(4). New subregulation 12.54(3) provides that an offence against subregulations 12.54(1) or (2) is an offence of strict liability. New subregulation 12.54(4) provides that the Director may authorise a person in writing to operate an entrance station.

Item [110] – Regulation 12.55

Regulation 12.55 of the Principal Regulations provides the conditions under which a person may walk or ride on part of a Commonwealth reserve. Subject to subregulation 12.55(3), it is a strict liability offence to walk or ride on part of a Commonwealth reserve other than provided for in subregulation 12.55(1).

Item 110 replaced regulation 12.55 to provide that a person commits an offence if they walk or ride in a Commonwealth reserve other than in accordance with the specified conditions. The maximum penalty is 15 penalty units. New subregulation 12.55(2) establishes what constitutes a track for walking and riding and new subregulation 12.55(3) provides an exemption from the offence for officers or members of indigenous land councils undertaking their duties on related land. New subregulation 12.55(4) provides for the Director to prohibit or restrict walking or riding on vehicle access roads, vehicle access tracks or track for walking or riding in part, or all, of a Commonwealth reserve. New subregulation 12.55(5) provides that the Director must erect signs advising of any prohibitions or restrictions under subregulation 12.55(4) and new subregulation 12.55(6) provides that it is an offence for a person to a walk or ride on a vehicle access road, vehicle access track for walking or riding in a Commonwealth reserve; when there is a sign erected under subregulation 12.55(5) indicating the restriction or prohibition at that time. The maximum penalty is 30 penalty units. New subregulation 12.55(7) provides that an offence against subregulations 12.55(1) or (6) is a strict liability offence.

Item 110 also inserted a new regulation 12.55A. New regulation 12.55A provides the details that must be included on signs displayed under subregulation 12.55(5).

Item [111] – Subregulation 12.56(1), including the penalty

Subregulation 12.56(1) of the Principal Regulations provides that a person must not use a vessel in an area of water in a Commonwealth reserve in contravention of a determination by the Director under subregulation 12.56(2). The maximum penalty is 15 penalty units.

Item 111 replaced subregulation 12.56(1) to provide that it is an offence if a person uses a vessel in a Commonwealth reserve in contravention of a determination by the Director as specified in subregulation 12.56(2). The maximum penalty was increased to 50 penalty units.

Item [112] – Subparagraph 12.56(2)(b)(vii)

Item 112 amended the punctuation at the end of subparagraph 12.56(2)(b)(vii) as a consequence of the amendments to paragraph 12.56(2)(b) in item 113 below.

Item [113] – After subparagraph 12.56(2)(b)(vii)

Paragraph 12.56(2)(b) of the Principal Regulations provides that the Director may determine, for an area of water, where the use of vessels or a class of vessels is allowed, under specified conditions relating to the use of such vessels.

Item 113 inserted new subparagraphs 12.56(2)(b)(viii) to (x). These subparagraphs provide that, in addition to the other conditions, the Director can also determine that: vessels may be anchored but not moored, or moored but not anchored; a vessel must not be left unattended when anchored or moored, either at all times or at specified times; and vessels cannot be anchored or moored within certain areas.

Item [114] – Subregulation 12.56(3)

Subregulation 12.56(3) of the Principal Regulations provides that, when the Director has made a determination under subregulation 12.56(2) and included certain conditions relating to launching, anchoring or mooring areas, the determination must specify these areas in particular ways.

Item 114 amended subregulation 12.56(3) to include references to the additional conditions relating to anchoring and mooring areas that can be determined by the Director under subregulation 12.56(2) as a consequence of the amendments in item 113 above.

Item [115] – Subregulation 12.56(3)

Item 115 amended subregulation 12.56(3) to require that determinations that contain conditions relating to where vessels cannot be anchored or moored, contain appropriate descriptions of these areas as a consequence of amendments in item 113 above.

Item [116] – Subregulation 12.56(4)

Item 116 inserted a new subregulation 12.56(5) into the Principal Regulations to provide that an offence against subregulation 12.56(1) is a strict liability offence.

Item [117] – Subregulation 12.57(2)

Regulation 12.57 of the Principal Regulations provides for the circumstances in which the Director must erect signs relating to the use of vessels.

Item 117 amended subregulation 12.57(2) to require that signs must also be erected at the designated area if a determination contains a condition specifying that vessels may be anchored but not moored or moored but not anchored, as a consequence of the amendments in item 113 above.

Item [118] – Subregulation 12.57(3)

Subregulation 12.57(3) of the Principal Regulations provides that if the Director makes a determination that a vessel may only be anchored or moored in a specified manner, the Director must erect a sign at the designated area stating the conditions under which anchoring or mooring may be carried out.

Item 118 amended subregulation 12.57(3) to require that such signs be erected if the determination includes conditions relating to the times when vessels must not be left unattended and whether vessels can be moored but not anchored or anchored and not moored.

Item [119] – After subregulation 12.57(3)

Item 119 inserted a new subregulation 12.57(3A) into the Principal Regulations to provide that, if the Director makes a determination and attaches a condition that vessels cannot be anchored or moored within a certain area, a sign must be erected that specifies the area in question.

Item [120] – Subregulation 12.57(4)

Subregulation 12.57(4) of the Principal Regulations provides that, if it is not practicable to erect a sign mentioned in subregulations 12.57(1), (2) and (3) at the required location, then the Director need not comply but must give notice of the determination.

Item 120 amended subregulation 12.57(4) to also specify subregulation 12.57(3A) for the purposes of subregulation 12.57(4).

Item [121] – Regulation 12.58

Subregulation 12.58(1) of the Principal Regulations provides that a person must not, in a Commonwealth reserve, taxi an aircraft, except in a landing area determined by the Director under subregulation 12.58(4); or land or take-off an aircraft. The maximum penalty is 30 penalty units. Subregulation 12.58(2) of the Principal Regulations provides that a person must not jump, parachute or otherwise disembark from an aircraft in a Commonwealth reserve when the aircraft is in airspace above a Commonwealth reserve or if the person is likely to land in a Commonwealth reserve. The maximum penalty is 30 penalty units. Subregulation 12.58(3) of the Principal Regulations provides that a person must not use an aircraft to drop or lower an object into a Commonwealth reserve. The maximum penalty is 30 penalty units.

Item 121 replaced regulation 12.58. New subregulation 12.58(1) provides that it is an offence if in or over a Commonwealth reserve a person taxis, lands, takes off or operates an aircraft except in accordance with a determination under subregulation 12.58(4). The maximum penalty is 30 penalty units. New subregulation 12.58(2) provides that it is an offence if a person jumps, parachutes or otherwise disembarks from an aircraft in airspace over a Commonwealth reserve or where the person is likely to land in a Commonwealth reserve. The maximum penalty is 30 penalty units. New subregulation 12.58(3) provides that a person commits an offence if they use an aircraft to drop or lower an object into a Commonwealth reserve. The maximum penalty is 30 penalty units. New subregulation 12.58(4) provides that the Director may determine, for subregulation 12.58(1), landing areas, the manner in which such areas can be used, the types of aircraft or classes of aircraft may use the areas, the times or periods that landing areas may be used, the aircraft or classes of aircraft that may only be used in a specified manner over a Commonwealth reserve, and the time or periods aircraft or classes of aircraft may be used. New subregulation 12.58(5) provides that the Director must tell the Commonwealth authority responsible for aviation safety if a determination is made under subregulation 12.58(4).

Item [122] – Subregulation 12.59, including the penalty

Regulation 12.59 of the Principal Regulations provides that a person authorised by a permit to carry on an activity in a Commonwealth reserve must, when requested by a warden or ranger, produce the permit for inspection by the warden or ranger. The maximum penalty is 10 penalty units.

Item 122 replaces regulation 12.59. New subregulation 12.59(1) provides that it is an offence if a person does not produce a permit to carry out an activity when requested by a warden or ranger, with a maximum penalty is 10 penalty units. New subregulation 12.59(2) provides that an offence against subregulation 12.59(1) is a strict liability offence.

Item [123] – Subregulation 12.61(1), before paragraph (a)

Subregulation 12.61(1) of the Principal Regulations provides that a person who has engaged in an activity for which a charge is payable must produce evidence of payment or pay the charge if asked by a warden or ranger.

Item 123 amended subregulation 12.61(1) to provide that a person authorised to collect the charge can also request evidence of payment.

Item [124] – Subparagraph 12.61(1)(c)(ii)

Item 124 amended the punctuation at the end of subparagraph 12.61(1)(c)(ii) as a consequence of the amendment to subregulation 12.61(1)(c) in item 125 below.

Item [125] – Subparagraph 12.61(1)(c)(iii)

Subparagraph 12.61(1)(c)(iii) of the Principal Regulations provides that if a person who engages, or has engaged, in an activity for which a charge is payable cannot produce evidence of payment or pay the charge, they may produce the evidence of payment or pay the charge to the warden or ranger, or to the Director, within four days after the day the request was made.

Item 125 omitted subparagraph 12.61(1)(c)(iii) to allow a warden, ranger or the Director to immediately issue an infringement notice if the person cannot produce evidence of payment or pay the charge immediately.

Item [126] – Subregulations 12.61(2) and (3)

Regulation 12.61 of the Principal Regulations generally provides for the payment of fees and charges. Subregulation 12.61(1) provides that a person, undertaking an activity in a Commonwealth reserve, for which a charge is payable, must produce evidence of payment, pay the charge or provide specified personal identifying details if they have not produced evidence of payment or do not pay when asked by a warden or ranger. Subregulation 12.61(2) provides that the person only has to meet the requirements in subregulation 12.61(1) if the warden or ranger is a member of a police force who is in uniform, or produces for inspection by the person, written evidence of the fact that the warden or ranger is a member of a police force or the warden’s or ranger’s identity card. Subregulation 12.61(3) provides that if the person pays the change when asked then a receipt must be given.

Item 126 replaced subregulations 12.61(2) and (3) with new subregulations 12.61(2), 12.61(3) and 12.61(3A). New subregulation 12.61(2) provides that, in addition to the specified persons, Customs officers in uniform may also request evidence of payment or payment of a charge under subregulation 12.61(1) and that persons authorised to collect charges must produce written evidence of that fact when making requests. New subregulation 12.61(3) provides that a receipt must be provided to a person who pays a charge under subregulation 12.61(1) for the amount paid by the person.

New subregulation 12.61(3A) provides that an offence is committed in circumstances where an entry charge per vehicle has been determined for a particular Commonwealth reserve and a person drives a vehicle into the reserve and does not clearly display the evidence that they have paid the charge. The penalty is set at 20 penalty units.

Item [127] – After subregulation 12.61(4)

Item 127 inserted a new subregulation 12.61(5) into the Principal Regulations. New subregulation 12.61(5) specifies that the Director may authorise an appropriate person at a specified reserve to collect fees or charges in relation to the reserve and ask a person to comply with subregulation 12.61(1).

Item 127 also inserted a new subregulation 12.61(6) into the Principal Regulations to provide that an offence against subregulation 12.61(1) or 12.61(3A) is an offence of strict liability.

Item [128] – After subregulation 12.65(8)

Regulation 12.65 of the Principal Regulations provides for the impounding of animals.

Item 128 inserted a new subregulation 12.65(9) to provide that the Director may authorise an officer of the Authority to carry out, within the Jabiru Township, the powers of the ranger or warden that are set out in regulation 12.65.

Item [129] – Regulation 12.66

Regulation 12.66 of the Principal Regulations provides for the control of non-native species.

Item 129 amended regulation 12.66 so that it would be identified as subregulation 12.66(1) as a consequence of amendments in item 130 below.

Item [130] – Subregulation 12.66

Item 130 inserted a new subregulation 12.66(2) into the Principal Regulations. New subregulation 12.66(2) would provide that the Director may authorise an officer of the Authority to carry out, within the Jabiru Township, the powers of the ranger or warden that are set out in regulation 12.66.

Item [131] – Paragraph 13.02(2)(f)

Regulation 13.02 of the Principal Regulations provides that the provisions mentioned in subregulation 13.02(2) apply to the conservation zones as if each reference in the provisions to a Commonwealth reserve were a reference to a conservation zone.

Item 131 replaced paragraph 13.03(2)(f) with two new paragraphs 13.02(2)(f) and (fa). New paragraphs 13.03(2)(f) and (fa) list regulations 12.14 (Dumping of industrial waste) and regulation 12.14A (Dumping of domestic waste) respectively as provisions applying in conservation zones as a consequence of the amendments in item 69 above.

Item [132] – Paragraph 13.02(2)(m)

Item 132 replaced paragraph 13.02(2)(m) with two new paragraphs 13.02(2)(m) and 13.02(2)(ma). New paragraphs 13.02(2)(m) and (ma) list the regulations 12.30 (Lighting fires in a total fire ban) and 12.30A (Lighting fires) respectively as provisions applying in conservation zones as a consequence of amendments in item 89 above.

Item [133] – After subregulation 13.02(2)

Item 133 inserted a new subregulation 13.02(3) to provide that the Director may issue a permit under subregulation 12.06(2) for a person to carry out an activity in a conservation zone that is prohibited under a provision listed in subregulation 13.02(2).

Item [134] – Before Part 14

Item 134 inserted a new Part 13A containing regulation 13A.01 into the Principal Regulations. New regulation 13A.01 outlines the factors the Minister must have regard to, under subsection 390L(2) of the Act, when deciding whether to list an overseas place in the List of Overseas Places of Historic Significance to Australia. These factors include whether the place has outstanding significance to Australia because of the importance of the place in Australia’s history and special association of the place with the life or work of persons of importance to Australia’s history.

Item [135] – Subregulation 14.01(1)

Subregulation 14.01(1) of the Principal Regulations provides that, for section 400 of the Act, the circumstances under which a ranger or an authorised officer may ask a person to tell them the person’s name and address.

Item 135 replaced subregulation 14.01(1) with two new subregulations 14.01(1) and 14.01(1A). New subregulation 14.01(1) provides that, if a ranger or authorised officer finds a person committing, or has reasonable grounds to believe that a person has committed an offence against the Act or regulations, they may ask the person for their name, address and to show documents to confirm this information. New subregulation 14.01(1A) provides that, if a ranger or authorised officer asks a person to comply with requests under paragraphs 14.01(1)(a) or (b), the ranger or authorised officer must warn the person so requested under subregulation 14.01(1) that they are obliged to comply and may be liable for a penalty if they do not comply with the request.

Item [136] – Before Division 14.2

Item 136 inserted a new Division 14.1A containing new regulations 14.01A, 14.01B, 14.01C, 14.01D, 14.01E, 14A.01F, 14.01G, and14.01H into the Principal Regulations. This Division deals with the detention of suspected foreign offenders – a suspected foreign offender is a person who an authorised officer suspects on reasonable grounds is not an Australian citizen or resident and has committed an offence in the Australian jurisdiction or on a foreign vessel when it was used or involved in the commission of an offence against the Act.

New regulation 14.01A details the minimum training requirements for officers and detention officers.

New regulation 14.01B provides for additional acceptable personal identifiers (to those provided in the definition of personal identifiers in paragraph 26(1)(g) of Schedule 1 to the Act). Additional personal identifiers include a sample of the person’s handwriting and a photograph of a tattoo, scar or any other identifying mark on a person.

New regulation 14.01C specifies the particular additional personal identifiers an approved officer may require from a detainee, so that the list of personal identifiers contained in subclause 28(2) of Schedule 1 to the Act contains the same personal identifiers as the definition of personal identifiers in subclause 26(1) of Schedule 1 to the Act.

New regulation 14.01D specifies the personal identifiers, that an authorised officer may require a non-citizen to provide by way of an identification test under clause 29 of Schedule 1 to the Act. This list of personal identifiers contains the same identifiers as are contained in the definition of personal identifiers provided in paragraph 26(1)(g) of Schedule 1 to the Act.

New regulation 14.01E provides the information, in addition to that specified in paragraph 30(1)(a) of Schedule 1 to the Act, that must be provided to a detainee before carrying out an identification test. The additional required information includes the reason why a personal identifier is required and how the personal identifier will be collected and used.

New regulation 14.01F specifies the prescribed personal identifiers that can be used for subclauses 41(3) and 53(3) and paragraph 42(3)(a) of Schedule 1 to the Act. The prescribed identifiers, for the purposes of these provisions, make the identifiers the same as are provided for in the definition of personal identifiers in subclause 26(1) of Schedule 1 to the Act.

New regulation 14.01G provides that the Human Rights and Equal Opportunity Commission (now called the Australian Human Rights Commission) is a prescribed body or agency to which the provision of a video recording is a permitted provision if it is provided for the purposes of inquiring into the operation of Schedule 1 to the Act in relation to the carrying out of identification tests.

New regulation 14.01H specifies the Agencies that the Secretary may authorise to disclose, under clause 54 of Schedule 1 of the Act, identifying information to a variety of specified bodies. The prescribed Agencies are the Department of Foreign Affairs and Trade, the Australian Customs Service and the Department of Immigration and Citizenship. This regulation also specifies the bodies to which disclosure by these Agencies can be made.

New subregulation 14.01H(3) specifies the prescribed international organisation to which the Secretary may authorise the disclosure of identifying information to.

Item [137] – Regulation 14.02

Regulation 14.02 of the Principal Regulations provides that Division 14.2 of the Principal Regulations sets out the procedure for a person who has committed an offence against a regulation mentioned in Schedule 10 to the Principal Regulations to have the matter disposed of by payment of a monetary penalty specified in an infringement notice served on the person as an alternative to having the matter dealt with by a court.

Section 142B of the Act makes it an offence to take an action or omit to take an action where the action or omission contravenes a condition attached to an approval.

Item 137 amended regulation 14.02 to provide that a breach of section 142B of the Act may be dealt with in the same manner as an offence committed against a regulation mentioned in Schedule 10. This is consistent with section 497 of the Act that authorises the regulations to enable a person who has breached the regulations or section 142B to pay a penalty to the Commonwealth as an alternative to prosecution.

Item [138] – Subregulation 14.03(1)

Subregulation 14.03(1) of the Principal Regulations allows a ranger or an authorised officer to serve or cause to be served, an infringement notice on a person, when there are reasonable grounds for believing that the person has committed an offence against Schedule 10 to the Principal Regulations.

Item 138 amended subregulation 14.03(1) to provide that a ranger or authorised officer may serve, or cause to be served, an infringement notice on a person who there are reasonable grounds for believing has committed an offence against section 142B of the Act or a regulation mentioned in Schedule 10. This amendment is a necessary consequence of the amendments to regulation 14.02 in item 137 above.

Item [139] – Paragraph 14.03(2)(b)

Paragraph 14.03(2)(b) of the Principal Regulations provides that an infringement notice must set out the provision of the regulations that is alleged to have been contravened.

Item 139 amended paragraph 14.03(2)(b) to provide that an infringement notice must set out the provision of the Act or the regulations that it is alleged has been contravened.

Item [140] – Subparagraph 14.03(2)(f)(ii)

Paragraph 14.03(2)(f) of the Principal Regulations provides that an infringement notice must contain a statement that if the person prefers that the matter not be dealt with by a court, they may signify this preference by paying the infringement notice penalty within 28 days after the day the notice is served or within a further period if a further period is allowed by a warden, ranger or inspector.

Item 140 amended subparagraph 14.03(2)(f)(ii) to provide that only the Director or Secretary may allow a further period for payment and not a warden, ranger or inspector.

Item [141] – Subparagraph 14.03(2)(i)(i)

Subparagraph 14.03(2)(i)(i) of the Principal Regulations provides that a statement must be included in an infringement notice specifying that if an infringement notice is paid in time, the persons liability for the offence is discharged.

Item 141 amended subparagraph 14.03(2)(i)(i) to provide that the statement included in the infringement notice must specifically state that it is the person’s criminal liability that is discharged.

Item [142] – Regulation 14.03, note

The note in regulation 14.03 of the Principal Regulations advises that the level of the infringement notice penalty for offences is set at one-fifth of the maximum fine a court could impose.

Item 142 amended the note to clarify that the infringement notice penalty can be no more than one-fifth of the maximum fine.

Item [143] – Paragraph 14.07(5)(c)

Paragraph 14.07(5)(c) specifies that when deciding whether to withdraw an infringement notice, the Director must consider, among other things, whether the person has previously been convicted of an offence against the Principal Regulations.

Item 143 amended paragraph 14.07(5)(c) to provide that the Director must also consider whether the person has been convicted of an offence against section 142B of the Act. This is consistent with the amendments to regulation 14.02 and with section 497 of the Act.

Item [144] – Paragraph 14.09(1)(a)

Regulation 14.09 of the Principal Regulations specifies the effect of payment of an infringement notice penalty. Paragraph 14.09(1)(a) specifies that the payment of an infringement notice penalty discharges the person’s liability for the offence.

Item 144 amended paragraph 14.09(1)(a) to clarify that it is the person’s criminal liability that is discharged.

Item [145] –Paragraph 14.14(a)

Paragraph 14.14(a) of the Principal Regulations provides that it is not compulsory to issue a person suspected of having contravened a provision of the regulations with an infringement notice.

Item 145 amended paragraph 14.14(a) of the Principal Regulations to provide that this is also the case for a contravention of section 142B of the Act.

Item [146] – Paragraph 14.16(1)(a)

Subregulation 14.16(1) of the Principal Regulations provides that regulation 14.16 applies to a decision of the Director under Part 17 about a permit, other than those circumstances under which consideration and review of decisions of the Director relating to permits, do not apply.

Item 146 replaced paragraph 14.16(1)(a) to update the subregulation references to subregulations 17.09(2) or 17.12(4) under which consideration and review of decisions of the Director relating to permits, do not apply.

Items [147, 166 and 168]

Paragraphs 16.02(1)(c), 16.07(2)(c) and 16.08(2)(c) of the Principal Regulations contain a reference to Christmas Island and Cocos (Keeling) Islands.

Items 147 ,166, and 168 amended paragraphs 16.02(1)(c), 16.07(2)(c) and 16.08(2)(c) respectively to update these references to reflect the correct name of the Territory of Christmas Island and Territory of Cocos (Keeling) Islands.

Item [148] – Subregulation 16.02(4)

Regulation 16.02 of the Principal Regulations provides the publication requirements for material under the provisions of the Act listed in regulation 16.01.

Item 148 amended subregulation 16.02(4) to require that if the material is more than 200 words, a notice may instead be published in the manner prescribed for the material mentioned in subregulations 16.02(1), (2) and (3).

Item [149] – Subregulation 16.03(1)

Subregulation 16.03(1) of the Principal Regulations lists specified provisions of the Act for the purposes of the publication requirements in regulation 16.03.

Item 149 amended subregulation 16.03(1) to clarify that regulation 16.03 applies to publication requirements for material under the specified provisions of the Act.

Item [150] – Paragraph 16.03(2)(a)

Paragraph 16.03(2)(a) of the Principal Regulations provides that material required to be published under certain provisions of the Act, set out in paragraphs 16.06(1)(f), (g) and (h), must be published at an appropriate location on the internet.

Item 150 amended paragraph 16.03(2)(a) to require that material required to be published under paragraphs 16.03(1)(ac), (c) and (e) must also be published on the internet.

Item [151] – Paragraph 16.03(2)(b)

Paragraph 16.03(2)(b) of the Principal Regulations provides that material required to be published under a certain provision of the Act, set out in paragraph 16.03(1)(a), must be published in a national or State daily newspaper.

Item 151 amended paragraph 16.03(2)(b) to provide that material required to be published under paragraphs 16.03(1)(aa), (ab) and (ac) must also be published in one of these newspapers.

Item [152] – Paragraph 16.03(2)(c)

Paragraph 16.03(2)(c) of the Principal Regulations provides the provisions of the Act, specified in paragraph 16.03(1)(a), which do not require the specified material to be published in national and State daily newspaper.

Item 152 amended paragraph 16.03(2)(c) to provide that material required to be published under paragraphs 16.03(1)(a), (aa), (ab) and (ac) does not need to be published in both national and State daily newspapers.

Item [153] – Subregulations 16.03(3) and (4)

Subregulations 16.03(3) and 16.03(4) of the Principal Regulations provide that if the material to which subregulation 16.03(1) applies is more than 200 words, a notice may be published instead containing specified information.

Item 153 replaced subregulations 16.03(3) and 16.03(4) to specify the requirements for the publication of material if an action is in an external Territory or in a Commonwealth marine area that is not the coastal sea of an external Territory.

Item 153 inserted three new subregulations 16.03(5), 16.30(6) and 16.03(7). New subregulation 16.03(5) provides that if material to which subregulation 16.03(1) applies is more than 200 words, a notice may be published instead in accordance with regulation 16.03. New subregulation 16.03(6) specifies the information which must be included in the material or notice under regulation 16.03. New subregulation 16.03(7) specifies that the material or notice must be approved by the Secretary before it is first published.

Item [154] – After subregulation 16.04(1)

Regulation 16.04 of the Principal Regulations provides additional publication requirements for designated proponents under specified provisions of the Act.

Item 154 inserted two new subregulations 16.04(1A) and (1B) which provide that, if requested by the Secretary, preliminary material relating to referrals and preliminary documentation must also be published at a suitable location on the internet and that draft Environmental Impact Statements and draft Public Environment Statements must also be published at a suitable location on the internet.

Item [155] – After subregulation 16.04(2)

Regulation 16.04 of the Principal Regulations provides additional publication requirements for designated proponents under specified provisions of the Act. Subparagraph 16.04(2)(a)(ii) of the Principal Regulations states that, for specified provisions of the Act, the designated proponent must give 2 copies of the specified material to a State government authority responsible for environmental protection, or a State library, in the State where the action is likely to have a significant impact on a matter of national environmental significance.

Item 155 inserted a new subregulation 16.04(2A) to clarify that subparagraph 16.04(2)(a)(ii) does not need to be complied with if the action is likely to have a significant impact in an external Territory.

Item [156] – Subregulation 16.04(4)

Regulation 16.04 of the Principal Regulations provides additional publication requirements for designated proponents under specified provisions of the Act. Subregulation 16.04(4) provides that a notice, under specified paragraphs and subparagraphs of the Act, must invite public comment on the material and state the final date for providing comment.

Item 156 replaced subregulation 16.04(4) to provide that the designated proponent must comply with any direction from the Secretary to supply a specified number of copies of the material for public display and display the material in a particular location.

Item 156 also inserted two new subregulations 16.04(5) and (6). New subregulation 16.04(5) provides that a notice published under specified subsections and paragraphs of the Act must invite public comment on the material and state the final date for providing comment. New subregulation 16.04(6) provides that notices published in relation to subsection 95B(4) of the Act must state that no comments were received.

Item [157] – After regulation 16.04

Item 157 inserted a new regulation 16.04A into the Principal Regulations. New regulation 16.04A provides that additional publication requirements are applicable to ensure that a person with special needs can have reasonable access to the materials specified in regulation 16.04 in a form that satisfies their needs.

Item 157 also inserted a definition of a person with special needs which includes a person who is illiterate or for whom English is a second language and a person with vision impairment and provides for the Secretary to give directions about how to ensure a person’s special needs are met in relation to access to material.

Item [158] – After paragraph 16.05A(1)(a)

Item 158 inserted two new paragraphs 16.05A(1)(aa) and 16.05A(1)(ab) into the Principal Regulations.

New paragraph 16.05A(1)(aa) sets out that particular publication requirements apply under paragraph 324JG(4)(a) of the Act to notices inviting people to make comments on the finalised National Heritage places priority assessment list produced by the Council.

New paragraph 16.05A(1)(ab) sets out that particular publication requirements apply under paragraph 324JN(3)(a) of the Act to notices inviting people to comment on the listing as a National Heritage place that has been listed by the Minister because it is under threat.

Item [159] – After paragraph 16.05A(1)(e)

Item 159 inserted two new paragraphs 16.05A(1)(ea) and 16.05A(1)(eb) into the Principal Regulations.

New paragraph 16.05A(1)(ea) sets out that particular publication requirements apply, under paragraph 341JF(4)(a) of the Act, to notices inviting people to make comments on the finalised Commonwealth Heritage places priority assessment list produced by the Council.

New paragraph 16.05A(1)(eb) sets out that particular publication requirements apply, under paragraph 341JM(3)(a) of the Act, to notices inviting people to comment on the listing as a Commonwealth Heritage place that has been listed by the Minister because it is under threat.

Item [160] – Subregulation 16.05A(2)

Subregulation 16.05A(2) of the Principal Regulations sets out where material relating to National and Commonwealth Heritage is required to be published.

Item 160 amended subregulation 16.05A(2) to expand the situations to which these publication requirements apply in accordance with amendments introduced by items 27 and 28 above.

Item [163] – Before Division 16.3

Item 163 inserted a new Subdivision 16.2.3 Bioregional Plans, containing regulation 16.05B into the Principal Regulations. New regulation 16.05B provides the requirements relating to notices the Minister must publish when undertaking public consultation relating to the preparation of Bioregional plans within a Commonwealth area under subsection 176(1) of the Act. These requirements relate to where notices must be published and what information must be included in the notice.

Item [169] – Paragraph 17.01(aa)

Regulation 17.01 of the Principal Regulations provides that Part 17 applies to permits issued by the Minister or Director under specified provisions of the Act.

Item 169 replaced paragraph 17.01(aa) to provide that, in addition, sections 303CG, 303GB, 303GB, and 303CG of the Act are listed.

Item [170] – Subregulation 17.02(1)

Subregulation 17.02(1) of the Principal Regulations provides that a person may apply for a permit to which Part 17 applies. Item 170 replaced subregulation 17.02(1) to provide that the applicant may apply for a permit, to which Part 17 applies, to be issued to that person apart from a permit under section 303GB of the Act.

Item [171] – Paragraphs 17.02(2)(b), (c), (d) and (e)

Subregulation 17.02(2) of the Principal Regulations provides that an application for a permit under Part 17 must be in writing or in electronic form and include specified information.

Item 171 replaced paragraphs 17.02(2)(b) and (c) and deleted paragraphs 17.02(2)(d) and (e). New paragraph 17.02(2)(b) provides that an application for the permit must include the name and contact details of each person to whom the permit is to be issued. New paragraph 17.02(c) provides that if the applicant is a company, the application for the permit must include the name, business address and postal address of the company and the name and contact details of the directors of the company for whom the permit is to be issued.

Item [172] – Paragraph 17.02(2)(f)

Subregulation 17.02(2) of the Principal Regulations provides that an application for a permit under Part 17 must be in writing or electronic form and include specified information.

Item 172 amended paragraph 17.02(2)(f) to replace the words ‘listed species, the Part in the list’ with the words ‘listed threatened species, the category in the list’.

Item [173] – Paragraph 17.02(2)(g)

Paragraph 17.02(2)(g) of the Principal Regulations sets out the nature of the information that must be included in an application in relation to actions for which permits are being sought apart from wildlife trade permits.

Item 173 amended paragraph 17.02(2)(g) to clarify that all of the subparagraphs identify detail that must be included.

Item [174] – Subparagraphs 17.02(2)(g)(ii) and (iii)

Paragraph 17.02(2)(g) of the Principal Regulations sets out the nature of the information that must be included in an application in relation to actions for which specific permits are being sought.

Item 174 replaced subparagraphs 17.02(g)(ii) and (iii) to provide that, for permits to take actions relating to protected species within specified external Territories or within Commonwealth reserves, information must be provided in relation to whether the action will result in the death of injury of a member of a native species or a non-native species, involve taking, trading, keeping or moving a member of a native species or non-native species, or result in damage or destruction of the nest or dwelling place of a member of a native species or non-native species; and how many members of each listed species, native species or non-native species will be affected.

Item [175] – Paragraph 17.02(2)(i)

Subregulation 17.02(2) of the Principal Regulations sets out the nature of the information that must be included in an application for specific permits. Paragraph 17.02(2)(i) of the Principal Regulations specifies that a declaration stating whether the applicant has been convicted of, or is subject to proceedings for, an offence mentioned in subregulation 17.07(1), must be included in a permit application.

Item 175 replaced paragraph 17.02(2)(i) to provide that, each person, to whom the permit is to be issued, must provide a declaration stating whether, in the last 10 years, the person has been convicted of, or is subject to proceedings for, an offence mentioned in subregulation 17.07(1).

Item [176] – Subregulation 17.02(4)

Subregulation 17.02(4) of the Principal Regulations specifies the circumstances under which an applicant is taken to have been convicted of an offence for paragraph 17.02(2)(i).

Item 176 deleted subregulation 17.02(4) as a consequence of amendments made to subregulation 17.07(2) in item 186 below and to remove the duplication of this provision.

Item [177] – Subregulations 17.03(1) and (2), including the note

Regulation 17.03 of the Principal Regulations provides the requirements under which the Minister or Director may issue a permit under Part 17. Subregulation 17.03(1) currently specifies that regulation 17.03 applies to permits to which specified paragraphs of regulation 17.01 apply. Subregulation 17.03(2) provides the specific criteria that must be met in relation to permits to which the different paragraphs apply before the Minister or Director may issue a permit.

Item 177 replaced subregulations 17.03(1) and 17.03(2) with three new subregulations 17.03(1), 17.03(2) and 17.03(2A). New subregulation 17.03(1) reinserted the provisions of subregulation 17.03(2) of the Principal Regulations containing the criteria that must be met for the issue of a permit. New subregulation 17.03(2) provides that the Director or Minister may consider a persons prior convictions when making a decision on the issue of a permit.

New subregulation 17.03(2A) provides that, for the purpose of subregulation 17.03(2), each person includes a company and each director of the company and an incorporated body and each officer of the body.

Item [178] – Subregulation 17.03A(6)

Subregulation 17.03A(6) of the Principal Regulations provides the requirements for permits for access to biological resources.

Item 178 amended subregulation 17.03A(6) to replace the reference to paragraph 17.03(2)(aa) with a reference to paragraph 17.03(1)(aa) as a consequence of the amendments in item 177 above.

Item [179] – Paragraph 17.04(1)(b)

Subregulation 17.04(1) of the Principal Regulations establishes the requirements for the content and format of a permit under Part 17. Paragraph 17.04(1)(b) of the Principal Regulations specifies that a permit must state: the provision of the Act or the Principal Regulations for which it is issued; the activity that is permitted; when the permit expires; and the conditions subject to which it is issued.

Item 179 replaced paragraph 17.04(1)(b) to provide that, in addition to the other requirements, the permit must state the name and address of each person to whom the permit is issued.

Item [180] – Subregulation 17.04(3)

Subregulation 17.04(3) of the Principal Regulations provides that a permit to which paragraph 17.01(aa) applies must state the name and address of the person to whom the permit is issued.

Item 180 repealed subregulation 17.04(3) as a consequence of the amendments in item 179 above.

Item [181] – Subregulation 17.05(1)

Subregulation 17.05(1) of the Principal Regulations provides the circumstances for an activity mentioned in an item of the table for the purposes of paragraph 17.03(2)(b).

Item 181 amended subregulation 17.05(1) to replace the reference to paragraph 17.03(2)(b) with a reference to paragraph 17.03(1)(c) as a consequence of the amendments in item 177 above.

Item [182] – Subregulation 17.05(1), table, item 1, column 3

Subregulation 17.05(1) of the Principal Regulations provides the circumstances for an activity mentioned in an item of the table for the purposes of paragraph 17.03(2)(b).

Item 182 amended item 1 of the table in subregulation 17.05(1) to replace the words ‘be consistent’ with the words ‘not be inconsistent’ to better reflect the requirements that the activity cannot be inconsistent with a number of specified matters be does not necessarily have to be consistent with these matters.

Item [183] – Subregulation 17.07(1)

Subregulation 17.07(1) of the Principal Regulations provides the relevant offences for the purposes of paragraphs 17.02(2)(i), 17.03(2)(c), 17.11(3)(c) and 17.11(5)(f).

Item 183 amended subregulation 17.07(1) to replace the reference to paragraphs 17.02(2)(i), 17.03(2)(c), 17.11(3)(c) and 17.11(5)(f) with a reference to subregulation 17.11(3A) and paragraphs 17.11(5)(f), 17.03(2) and 17.02(2)(i) as a consequence of the amendments in items 177 above and 197 below.

Item [184] – Paragraph 17.07(1)(c)

Subregulation 17.07(1) of the Principal Regulations provides the relevant offences for the purposes of paragraphs 17.02(2)(i), 17.03(2)(c), 17.11(3)(c) and 17.11(5)(f).

Item 184 replaced paragraph 17.07(1)(c) with a new paragraph 17.07(1)(c) to provide that the offences include those under section 6 of the Crimes Act 1914, or sections 11.1, 11.4 or 11.5 of the Criminal Code, as a consequence of changes to the Crimes Act 1914 and Criminal Code.

Item [185] – Subregulation 17.07(1), Note 1

Subregulation 17.07(1) of the Principal Regulations provides the relevant offences for the purposes of paragraphs 17.02(2)(i), 17.03(2)(c), 17.11(3)(c) and 17.11(5)(f). Note 1 identifies the sections of the Crimes Act 1914 that relate to attempts, accessories, inciting the commission of an offence and conspiracy.

Item 185 amended subregulation 17.07(1) to substitute a new note 1. New note 1 specifies that section 6 of the Crimes Act 1914 relates to an accessory to an offence.

Item [186] – Subregulation 17.07(2)

Subregulation 17.07(2) of the Principal Regulations provides that, for subregulation 17.07(1), the applicant is taken to have been convicted of an offence if, within five years before the application is made, the applicant has been charged with, and found guilty of, the offence but discharged without conviction; or has not been found guilty of the offence, but a court has taken the offence into account in passing sentence on the applicant for another offence.

Item 186 replaced subregulation 17.07(2) to provide that the circumstances of prior convictions apply to the person to whom a permit is to be issued, and that a period of 10 years is specified as a consequence of current practice under the Criminal Code.

Item [187] – Regulation 17.08

Regulation 17.08 of the Principal Regulations provides that a holder of a permit to which paragraphs 17.01(ab), (b) or (c) applies, is guilty of an offence if the holder takes an action or omits to take an action; and the action or omission contravenes a condition of the permit.

Item 187 amended regulation 17.08 to provide that, in addition to the specified paragraphs, the requirements also apply to holders of permits to which paragraph 17.01(d) applies.

Item [188] – Subregulations 17.09(1) and (2)

Subregulations 17.09(1) and (2) of the Principal Regulations provide that the Minister and Director, respectively, may by written notice, vary or revoke conditions of a permit in accordance with subregulation 17.09(3).

Item 188 amended subregulations 17.09(1) and (2) to clarify that written notices must be sent to each holder of a permit.

Item [189] – Paragraph 17.09(3)(b)

Subregulation 17.09(3) of the Principal Regulations provides that the Minister or Director may take action under subregulation 17.09(1) or (2), to vary, revoke or impose further conditions on a permit, only if the permit, as changed by the action, could have been issued in accordance with specified criteria.

Item 189 replaced paragraph 17.09(3)(b) to refer to subregulation 17.03(1) as a consequence of the amendments in item 177 above.

Item [190] – Paragraph 17.09(5)(b)

Subregulation 17.09(5) of the Principal Regulations provides that an application by the holder of a permit to vary or revoke a condition of the permit under subregulation 17.09(4) must be accompanied by the applicable fee and for permits to which paragraph 17.01(ab), (b) or (c) applies, the reference number given to the permit and a statement of the reasons the holder thinks the condition of the permit should be varied or revoked.

Item 190 amended paragraph 17.09(5)(b) to provide that in addition to the specified paragraphs, the requirements also apply to permits to which paragraph 17.01(d) applies.

Item [191] – Subregulation 17.09(6)

Subregulation 17.09(6) of the Principal Regulations provides that a person who makes a decision under subregulation 17.09(1) or (2), must give each holder of the permit written notice of the decision.

Item 191 repealed subregulation 17.09(6) as a consequence of the amendments to subregulation 17.09(8) in item 192 below which incorporates the content of subregulation 17.09(6) and corrects the inaccuracies in the reference to the subregulation under which a decision is made.

Item [192] – Subregulation 17.09(8)

Subregulation 17.09(8) of the Principal Regulations provides that the Minister or Director must give a holder of a permit written notice of a decision under subregulations 17.09(1), 17.09(2) or 17.09(7).

Item 192 replaced subregulation 17.09(8) to provide that if the Minister or Director varies or revokes a condition, or imposes a further condition, under subregulation 17.09(7), the Minister or Director must give each holder of the permit written notice of that variation, revocation or imposition.

Item [193] – Paragraph 17.10(2)(c)

Paragraph 17.10(2) of the Principal Regulations provides for when the holder of a permit may give an authority to another person to take the action under the permit.

Item 193 amended the punctuation at the end of paragraph 17.10(2)(c) as a consequence of the amendment to subregulation 17.10(2) in item 194 below.

Item [194] – Paragraph 17.10(2)(d)

Paragraph 17.10(2)(d) of the Principal Regulations provides that a permit holder may grant an authority allowing a person to take action under the permit only if, for a permit to which paragraph 17.01(c) applies – paragraphs 17.03(2)(b), (c) and (d) would continue to be satisfied if the authority is given.

Item 194 deleted paragraph 17.10(2)(d) as a consequence of amendments to regulation 17.03 in item 177 above.

Item [195] – Paragraph 17.11(3)(c)

Paragraph 17.11(3)(c) of the Principal Regulations provides that a permit may only be transferred to another person if the proposed transferee does not have any prior convictions mentioned in subregulation 17.07(1).

Item 195 deleted paragraph 17.10(3)(c) as a consequence of the amendment to subregulation 17.03(2) in item 177 above.

Item [196] – Subregulation 17.11(3), note

Subregulation 17.11(3), note identifies that the Crimes Act 1914 includes provisions relating to when prior convictions are to be disregarded.

Item 196 deleted the note as a consequence of the amendment to subregualtion 17.11(3) in item 195 above.

Item [197] – After subregulation 17.11(3)

Item 197 inserted a new subregulation 17.11(3A) into the Principal Regulations to provide that, in considering whether to transfer a permit, the Minister or Director may consider whether the proposed transferee has, in the previous 10 years, been convicted of, or subject to proceedings for, an offence mentioned in subregulation 17.07(1).

Item [198] – Paragraph 17.11(5)(f)

Paragraph 17.11(5)(f) of the Principal Regulations provides that applications for the transfer of a permit must contain a declaration relating to prior conviction history of the proposed transferee.

Item 198 amended paragraph 17.11(5)(f) to clarify that only convictions within the previous 10 years need to be declared.

Item [199] – Subregulation 17.11(6)

Regulation 17.11 of the Principal Regulations provides for the circumstances under which a permit may be transferred by the Minister or the Director. Subregulation 17.11(6) of the Principal Regulations establishes when applicants are taken to have been convicted of an offence.

Item 199 repealed subregulation 17.11(6) to remove the unnecessary duplication of the circumstances where a person is taken to have been convicted of an offence that are also contained in subregulation 17.07(2).

Item [200] – Subregulation 17.11(7)

Subregulation 17.11(7) of the Principal Regulations provides that, when considering whether to transfer a permit, the Minister or the Director must give written notice to the applicant and the transferee of the decision.

Item 200 amended subregulation 17.11(7) to clarify that the advice is to be given to the holder of the permit and the transferee.

Item [201] – subparagraph 18.04(e)(ii)

Item 201 amended the punctuation at the end of subparagraph 18.04(e)(ii) as a consequence of the amendment to subregulation 18.04 in item 202 below.

Item [202] – Paragraph 18.04(f)

Regulation 18.04 of the Principal Regulations provides the circumstances under which no permit fee is payable.

Item 202 replaced paragraph 18.04(f) with three new paragraphs 18.04(f), 18.04(g) and 18.04(h) which outline the specific circumstances where no permit fees are payable. New paragraph 18.04(f) specifies the following circumstances: the permit is issued under specified sections in Part 13A of the Act; the permit applicant is the Commonwealth, a Commonwealth agency, a State or Territory or an authority or agency of a State or a Territory; and the Minister is satisfied that the activity is to be carried out primarily for a non-commercial purposes.

New paragraph 18.04(g) specifies the following circumstances: the permit is issued under specified sections in Part 13 of the Act; the applicant is a wildlife rescue organisation; and the applicant has agreed to care for wildlife that has been seized under the Act.

New paragraph 18.04(h) specifies the following circumstances: the permit is issued under specified sections of Part 13A of the Act, the applicant is an overseas CITES Management Authority and the applicant has agreed to accept seized wildlife specimens for repatriation to that overseas country.

Item [203] – Schedule 2, item 1.01

Item 1.01 of Schedule 2 to the Principal Regulations sets out the contact information of both the person making the referral and the person proposing to take the action, that must be provided in a referral.

Item 203 amended item 1.01 of Schedule 2 to provide that, if applicable, the Australian Business Number (ABN) or Australian Company Number (ACN) must also be provided.

Item [204] – Schedule 2, item 4.01

Item 4.01 of Schedule 2 to the Principal Regulations sets out the particular information that must be included in a referral specifically addressing a description of the proposal.

Item 204 replaced item 4.01 of Schedule 2 to require more extensive information to be provided in the description of the proposed action. Additional information that is required includes: whether the action is related to other actions or proposals in the region; a description of feasible alternatives to taking the action; a description of any public consultation that has been undertaken; and any alternative locations, timeframes or activities that may be proposed.

Item [205] – Schedule 2, item 5.03

Item 5.03 of Schedule 2 to the Principal Regulations provides that a description of the nature and extent of likely impacts on the environment and whether the action is one of a suite of actions must be provided in a referral.

Item 205 replaced item 5.03 with two new items 5.03 and 5.03A in Schedule 2 to clarify that the information to be provided in the referral, relating to the nature and extent of the likely impact on the environment, is only required if the action is a nuclear action, an action by the Commonwealth or Commonwealth agency, is in a Commonwealth marine area or is on Commonwealth land.

Item [206] – Schedule 2, item 5.05

Item 5.05 of Schedule 2 to the Principal Regulations provides that a description of the important features of a project area and the affected area must be provided in a referral. A non-exclusive list of features is provided.

Item 206 replaced item 5.05 of Schedule 2 to change the features that are included in the list. The presence of indigenous heritage values, remnant native vegetation and other important or unique aspects of the environment are be included whilst gradient, buildings and other infrastructure and marine areas are no longer included.

Item [207] – Schedule 2 item 6

Item 6 of Schedule 2 to the Principal Regulations sets out the requirements for disclosure regarding the sources and reliability of information that must be included in a referral.

Item 207 replaced item 6 of Schedule 2 to include additional information that must be submitted in a referral under section 72 of the Act. The additional information that is required includes measures to avoid and reduce impacts and the environmental record of the person proposing to take the action.

Item [208] – Schedule 3

Schedule 3 to the Principal Regulations sets out the preliminary information that must be provided under section 86 of the Act. As section 86 has been deleted from the Act, Schedule 3 is no longer necessary. Consequently, item 208 deleted Schedule 3 from the Principal Regulations.

Item [209] – Schedules 4A and 4B

Schedules 4A and 4B to the Principal Regulations establish lists of wildlife specimens that can be considered to be personal or household effects if the provisions in regulations 9A.02 and 9A.03, relating to the export or import of CITES specimens respectively, have been satisfied.

Item 209 repealed Schedules 4A and 4B and inserted a new Schedule 4A ‘Import and export of CITES specimens’. Item 1 of new Schedule 4A provides that if CITES specimens meet the requirements set out in items 2.01 to 2.03 for exports and items 2.01 to 2.03 or 3.01 to 3.06 for imports, then they are CITES specimens for the purposes of regulations 9A.02 and 9A.03 respectively.

Item 2 of new Schedule 4A provides the requirements that must be met for a CITES specimen to be imported or exported as a personal or household effect for the purposes of regulations 9A.02 and 9A.03. The types of specimens, maximum amounts and requirements are those established under CITES. Item 3 of new Schedule 4A provides the requirements that must be met for a CITES specimen to be imported as a personal or household effect for the purposes of regulation 9A.03.

Item [210] – Schedule 6, heading

Schedule 6 of the Principal Regulations is identified as ‘Managing wetlands of international importance’.

Item 210 replaced this heading with ‘Australian Ramsar management principles’ to expressly reflect the title of regulation 10.02 to which Schedule 6 refers.

Item [211] – Schedule 8, Part 2, item 7.01

Item 7.01 of Part 2 of Schedule 8 to the Principal Regulations provides the IUCN management principles that apply to a reserve or zone that is being managed as a managed resource protected area.

Item 211 amended item 7.01 of Part 2 of Schedule 8 to provide that the reserve or zone should be managed mainly for ecologically sustainable use.

Item [212] – Schedule 10

Schedule 10 to the Principal Regulations provides a list of infringement notice offences for the purposes of regulation 14.02 of the Principal Regulations.

Item 212 replaced Schedule 10 to include all the offences for which infringement notices could be issued.

Item [213] – Schedule 11, table, Part 3, heading

Part 3 of Schedule 11 to the Principal Regulations is identified as ‘Paragraph 17.01(c)’.

Item 213 replaced this heading with ‘Paragraphs 17.01(c) and (d)’ to reflect that this Part has been amended to include fees under paragraph 17.01(d).

Item [214] – Schedule 11, table, item 3.05

Item 3.05 of Schedule 11 to the Principal Regulations provides a range of different permit fees for activities to which regulation 12.24 applies (capturing images or recording sounds) which depend on the location in which the activity occurs and the type of activity.

Item 214 replaced item 3.05 of Schedule 11 to provide that there are no permit fees for activities to which regulation 12.24 applies.

Item [215] – Schedule 11, table, after subparagraphs 3.06(a)(xi)

Paragraph 3.06(a) of Schedule 11 to the Principal Regulations provides a range of different permit fees for activities in Kakadu National Park to which regulation 12.36 (commercial activities) applies and which vary depending on the type of the activity.

Item 215 inserted two new subparagraphs 3.06(a)(xii) and (xiii) into Schedule 11 to the Principal Regulations to provide permit fees for commercial photography, painting and audio and filming in Kakadu National Park that are the equivalent of fees previously set under item 3.05 of Schedule 11 of the Principal Regulations. This amendment is a consequence of the amendments in item 214 above.

Item [216] – Schedule 11, table, after subparagraph 3.06(b)(ii)

Paragraph 3.06(b) of Schedule 11 to the Principal Regulations provides a range of different permit fees for activities in Uluru Kata Tjuta National Park to which regulation 12.36 (commercial activities) applies. The fees vary depending on the type of the activity.

Item 216 inserted two new subparagraphs 3.06(b)(iii) and (iv) into Schedule 11 to provide permit fees for commercial photography, painting and audio and filming in Uluru Kata Tjuta National Park that are the equivalent of fees previously set under item 3.05 of Schedule 11. This amendment is a consequence of amendments in item 214 above.

Item [217] – Schedule 11, table, paragraphs 3.06(c) and (d)

Paragraphs 3.06(c) and (d) of Schedule 11 to the Principal Regulations provide a range of permit fees for activities to which regulation 12.36 apply in Booderee National Park, Christmas Island National Park or Cocos (Keeling) National Park respectively for commercial fishing and any other circumstances.

Item 217 replaced paragraphs 3.06(c) and (d) of Schedule 11 to provide permit fees for sport fishing, still photography, painting or radio, commercial filming and any other circumstances in Booderee Nation Park and still photography, painting or radio, commercial filming and any other circumstances in Christmas Island National Park or Pulu Keeling National Park. The fees provided are the equivalent of previously set fees under item 3.05 and paragraphs 3.06(c) and (d) of Schedule 11. This amendment is a consequence of the amendments in item 214 above.

Item [218] – Schedule 12, paragraph 1(a)

Schedule 12, paragraph 1(a) of the Principal Regulations contains a reference to Christmas Island.

Item 218 updated this reference to reflect the correct name of the Territory of Christmas Island.

Item [219] – Schedule 12, paragraph 1(b)

Schedule 12, paragraph 1(b) of the Principal Regulations contains a reference to the Cocos (Keeling) Islands.

Item 219 updated this reference to reflect the correct name of the Territory of Cocos (Keeling) Islands.

Item [220] – Dictionary, before definition of Act

Item 220 inserted a new definition of ‘ABN’ into the Principal Regulations such that the definition has the meaning given in section 41 of the A New Tax System (Australian Business Number) Act 1999.

Item 220 also inserted a new definition of ‘ACN’ into the Principal Regulations such that the definition has the same meaning as in the Corporations Act 2001.

Item [221] – Dictionary, definition of Authority

The definition of Authority in the dictionary to the Principal Regulations means the Jabiru Town Development Authority.

Item 221 replaced the definition of Authority in the Principal Regulations to mean the agency providing local government and municipal services to the Jabiru Township.

Item [222] – Dictionary, definition of determined fee

The definition of determined fee in the dictionary to the Principal Regulations means the fee determined under Part 18 of the Principal Regulations for the parking of a vehicle in a parking area.

Item 222 amended the definition of determined fee in the Principal Regulations to replace the incorrect reference to Part 18 of the Principal Regulations with the correct reference to paragraph 356A(c) of the Act.

Item [223] – Dictionary, definition of public access track

Item 223 deleted the definition of public access track from the dictionary of the Principal Regulations as a consequence of the amendments in items 98 above and 226 below which remove any reference to a public access track.

Item [224] – Dictionary, definition of service road

Item 224 would delete the definition of service road from the dictionary of the Principal Regulations as a consequence of amendments in items 98 and 226 which remove any reference to a service road.

Item [225] – Dictionary, definition of traffic sign

The definition of traffic sign in the dictionary of the Principal Regulations means a sign mentioned in regulation 12.53.

Item 225 amended the definition of traffic sign to replace the reference to regulation 12.53 with the reference to regulation 12.44A as a consequence of the amendments in items 106 and 107 above.

Item [226] – Dictionary, before definition of voucher machine

Item 226 inserted a definition of vehicle access road and vehicle access track into the dictionary. A vehicle access road is defined as a road that is sealed and is not closed for use at that time. A vehicle access track is defined as a road that is unsealed, is marked as a vehicle access track and is not closed for use at that time.

Item [227] – Dictionary, definition of works

The definition of works in the dictionary of the Principal Regulations in relation to an action, includes any other sub-surface activity.

Item 227 amended the definition of works to make it clear that it applies to any other sub-surface activity ‘on land or water’.

Item [228] – Further amendments

Item 228 amended a number of paragraphs in Part 9A of the Principal Regulations to provide that any references to ‘for commercial’ should read ‘primarily for commercial’ and references to ‘a captive animal’ should read ‘an animal bred in captivity’ as these more accurately reflect the circumstances being described.

Item 228 also amended a number of items in Schedules 8 to the Principal Regulations to provide that references relating to the concept of ‘preserve’ in the Australian IUCN management principles would be to the concept of ‘conserve’.

Item [229] – Further amendments - Secretary

Item 229 amended a number of regulations, subregulations and paragraphs of the Principal Regulations to provide that the Secretary, in addition to the Director, has authority wherever the Director is deemed to have authority to make a decision.

Commonwealth Numbered Regulations - Explanatory Statements