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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 15B

Requirement for approval of activities with a significant impact on a National Heritage place

  (1)   A constitutional corporation, the Commonwealth or a Commonwealth agency must not take an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place.

Civil Penalty:  

  (a)   for an individual--5,000 penalty units;

  (b)   for a body corporate--50,000 penalty units.

  (2)   A person must not, for the purposes of trade or commerce:

  (a)   between Australia and another country; or

  (b)   between 2 States; or

  (c)   between a State and Territory; or

  (d)   between 2 Territories;

take an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place.

Civil Penalty:  

  (a)   for an individual--5,000 penalty units;

  (b)   for a body corporate--50,000 penalty units.

  (3)   A person must not take an action in:

  (a)   a Commonwealth area; or

  (b)   a Territory;

that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place.

Civil Penalty:  

  (a)   for an individual--5,000 penalty units;

  (b)   for a body corporate--50,000 penalty units.

  (4)   A person must not take an action that has, will have or is likely to have a significant impact on the National Heritage values, to the extent that they are indigenous heritage values, of a National Heritage place.

Civil Penalty:  

  (a)   for an individual--5,000 penalty units;

  (b)   for a body corporate--50,000 penalty units.

Note:   For indigenous heritage value , see section   528.

  (5)   A person must not take an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place in an area in respect of which Australia has obligations under Article 8 of the Biodiversity Convention.

Civil Penalty:  

  (a)   for an individual--5,000 penalty units;

  (b)   for a body corporate--50,000 penalty units.

  (6)   Subsection   (5) only applies to actions whose prohibition is appropriate and adapted to give effect to Australia's obligations under Article 8 of the Biodiversity Convention. (However, that subsection may not apply to certain actions because of subsection   (8).)

  (8)   Subsections   (1) to (5) (inclusive) do not apply to an action if:

  (a)   an approval of the taking of the action by the constitutional corporation, Commonwealth agency, Commonwealth or person is in operation under Part   9 for the purposes of this section; or

  (b)   Part   4 lets the constitutional corporation, Commonwealth agency, Commonwealth or person take the action without an approval under Part   9 for the purposes of this section; or

  (c)   there is in force a decision of the Minister under Division   2 of Part   7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section   77, the action is taken in that manner; or

  (d)   the action is an action described in subsection   160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).


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