Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 23

Actions in Commonwealth marine areas affecting the environment

  (1)   A person must not take in a Commonwealth marine area an 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.

Actions outside Commonwealth marine areas affecting those areas

  (2)   A person must not take outside a Commonwealth marine area but in the Australian jurisdiction an action that:

  (a)   has or will have a significant impact on the environment in a Commonwealth marine area; or

  (b)   is likely to have a significant impact on the environment in a Commonwealth marine area.

Civil penalty:  

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

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

Fishing in State or Territory waters managed by Commonwealth

  (3)   A person must not take in the coastal waters (as defined in the Fisheries Management Act 1991 ) of a State or the Northern Territory an action:

  (a)   that:

  (i)   is fishing (as defined in the Fisheries Management Act 1991 ); and

  (ii)   is included in the class of activities forming a fishery (as defined in that Act) that is managed under the law of the Commonwealth as a result of an agreement made under section   71 or 72 of that Act before the commencement of this section; and

  (b)   that:

  (i)   has or will have a significant impact on the environment in those coastal waters; or

  (ii)   is likely to have a significant impact on the environment in those coastal waters.

Civil penalty:  

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

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

Exceptions to prohibitions

  (4)   Subsection   (1), (2) or (3) 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 the subsection; or

  (b)   Part   4 lets the person take the action without an approval under Part   9 for the purposes of the subsection; or

  (c)   there is in force a decision of the Minister under Division   2 of Part   7 that the subsection 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 person taking the action is the Commonwealth or a Commonwealth agency; or

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

Note:   Section   28 regulates actions by the Commonwealth or a Commonwealth agency with a significant impact on the environment.

Exception--fishing in Commonwealth waters managed by State

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

  (a)   is fishing (as defined in the Fisheries Management Act 1991 ); and

  (b)   is included in the class of activities forming a fishery (as defined in that Act) that is managed under the law of a State or the Northern Territory as a result of an agreement made under section   71 or 72 of that Act before the commencement of this section; and

  (c)   is permitted under a law of the State or Territory.

Exception--fishing outside Commonwealth marine areas

  (6)   Subsection   (2) does not apply to an action that:

  (a)   is fishing (as defined in the Fisheries Management Act 1991 ); and

  (b)   is permitted under a law of a State or self - governing Territory.