Document ID: chunk:federal_register_of_legislation:C2021C00298:schedule:9:p1
Version: federal_register_of_legislation:C2021C00298
Segment Type: schedule
Provision Reference: sch 9 (pt 1/7)
Character Range: 98903–102029

Schedule 9—Nature Conservation

    1. The parties agree that each level of Government has responsibilities for the protection of flora and fauna and should use their best endeavours to ensure the survival of species and ecological communities, both terrestrial and acquatic, that make up Australia's biota. The parties recognise that the protection and sound management of natural habitats is of fundamental importance to this aim and that all levels of Government should use their best endeavours to conserve areas critical to the protection of Australia's flora and fauna and the maintenance of ecological processes that ensure biological productivity and stability.
    2. The parties recognise that the States have primary responsibility in the general area of nature conservation.
    3. The parties recognise that the Commonwealth has a particular responsibility in the area of nature conservation in relation to:
     —management of areas that lie within its own jurisdiction including the external territories and the Jervis Bay Territory, Commonwealth places and marine areas;
     —Australia's obligations under international law including under treaties;
     —exports, imports and quarantine.
     The Commonwealth also has a particular interest in facilitating the effective and efficient co‑ordination of nature conservation across all jurisdictions.
    4. The parties agree that a national approach should be taken to rare, vulnerable and endangered species given that the distribution of these species and their habitats is not confined or determined by State or Commonwealth borders and that a national approach is desirable to avoid duplication of effort, to ensure appropriate outcomes and to maximise the effectiveness of available resources.
    5. The parties agree that environmental management and resource use decisions taken by all levels of Government should have regard to the national distribution of species and other agreed national nature conservation considerations.
    6. The Commonwealth and the States agree to cooperate in the conservation, protection and management of native species and habitats that occur in more than one jurisdiction. In addition to participating in such cooperative activities, the Commonwealth and the States may take whatever action they deem appropriate within their respective jurisdictions to protect any native species and habitats which they consider requires specific action.
    7. Within one year of the execution of this Agreement, the Australian and New Zealand Environment and Conservation Council, in consultation with relevant Ministerial Councils, will develop and report to First Ministers on a strategy for a national approach to the protection of rare, vulnerable and endangered species. The Australian and New Zealand Environment and Conservation Council will provide a progress report to First Ministers within six months.
    8. The report referred to in clause 7 will take into account the preparation of an 'Australian National Strategy for the Conservation of Species and Communities Threatened With Extinction' by the Endangered Species