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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 21

Requirement for approval of nuclear actions

  (1)   A constitutional corporation, the Commonwealth or Commonwealth agency must not take a nuclear action that has, will have or is likely to have a significant impact on the environment.

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 a Territory; or

  (d)   between 2 Territories;

take a nuclear action that has, will have or is likely to have a significant impact on the environment.

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 in a Territory a nuclear action that has, will have or is likely to have a significant impact on the environment.

Civil penalty:  

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

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

  (4)   Subsections   (1), (2) and (3) 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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