Document ID: chunk:federal_register_of_legislation:F2022L00636:body:0:p23
Version: federal_register_of_legislation:F2022L00636
Segment Type: other
Provision Reference: 
Character Range: 62120–65039

for the purposes of the EPBC Act.
Responsibility for compliance with the assessment and approvals provisions of the EPBC Act lies with persons taking relevant 'controlled' actions. A person proposing to take an action that they think is or may be a controlled action should refer the proposal to the Minister for the Minister's decision as to whether the action is a controlled action. The Director of National Parks may also refer proposed actions to the Minister.

Flora and fauna protection
The EPBC Act contains provisions (Part 13) that prohibit or regulate actions in relation to listed threatened species and ecological communities, listed migratory species, cetaceans (whales and dolphins) and listed marine species. The EPBC Act also contains provisions (Part 13A) that prohibit or regulate the movement of wildlife specimens, ensuring that Australia complies with its obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The EPBC Act defines wildlife as an animal/specimen derived from an animal or a plant/specimen derived from a plant.
The living and herbarium collections include examples of listed threatened species in ex situ conservation and preserved as herbarium specimens.
As part of the ANBG's work, voucher specimens are often sent to other herbaria, nationally and internationally. Article VII (paragraph 6) of CITES provides an exemption from the provisions relating to regulation of trade in specimens of species included in Appendices I to III for non-commercial loan, donation or exchange between

scientists or scientific institutions registered by a management authority of their state. The EPBC Act also allows for the Minister to determine exemptions to ss 303CC, 303CD and 303DD of the Act, where the movement of the specimen is taken to be part of a registered non-commercial exchange of scientific specimens between scientific organisations.

Heritage protection
At the time of preparing this plan, the ANBG is a listed place on the Commonwealth Heritage List under the EPBC Act for the following significant heritage values:
    * The ANBG has rare and endangered native plant species in cultivation in its living collection. Public gardens of this type are rare and it is the first public garden composed essentially of Australian native plants, with some related species (Criterion B).
    * It is a research and teaching site with an extensive herbarium collection linked to the living plant collection; this is rare on such a scale in Australia (Criterion C).
    * The site's aesthetic characteristics are valued by the community. They comprise an attractive park landscape with a well-balanced integration of spaces and form; interest from the vegetation details of the variety of native species; contrasts of small and large plants, waterform, rockform and colour; vistas of major Canberra features including Parliament