Environment Protection and Biodiversity Conservation Act 1999

The Minister may make a written order (a conservation order):

prohibiting or restricting specified activities on or in:

all Commonwealth areas; or

specified Commonwealth areas; or

requiring specified persons to take specified action on or in:

all Commonwealth areas; or

specified Commonwealth areas.

Section 470 makes contravening a conservation order an offence.

The Minister may only make a conservation order if he or she reasonably believes that it is necessary to make the order to protect a listed threatened species or a listed threatened ecological community.

In considering whether to make a conservation order, the Minister must be satisfied that making the order is justified, having regard to economic and social considerations that are consistent with the principles of ecologically sustainable development.

Before making a conservation order, the Minister:

must seek the Secretary’s advice on whether it should be made; and

must consult each Commonwealth agency that may be affected by the order, and any other Commonwealth agency the Minister thinks appropriate, unless delay in making the order would result in significant, irreparable damage to a listed threatened species or listed threatened ecological community.