Commonwealth Consolidated Acts

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 20

Requirement for approval of activities with a significant impact on a listed migratory species

  (1)   A person must not take an action that:

  (a)   has or will have a significant impact on a listed migratory species; or

  (b)   is likely to have a significant impact on a listed migratory species.

Civil penalty:  

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

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

  (2)   Subsection   (1) does not apply to an action if:

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

  (b)   Part   4 lets the 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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