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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 24C

Offences relating to Great Barrier Reef Marine Park

Actions in Great Barrier Reef Marine Park affecting the environment

  (1)   A person commits an offence if:

  (a)   the person takes an action; and

  (b)   the action is taken in the Great Barrier Reef Marine Park; and

  (c)   the action results or will result in a significant impact on the environment.

Penalty:   Imprisonment for 7 years or 420 penalty units, or both.

  (2)   Strict liability applies to paragraph   (1)(b).

Note:   For strict liability, see section   6.1 of the Criminal Code .

Actions in Great Barrier Reef Marine Park likely to affect the environment

  (3)   A person commits an offence if:

  (a)   the person takes an action; and

  (b)   the action is taken in the Great Barrier Reef Marine Park; and

  (c)   the action is likely to have a significant impact on the environment.

Penalty:   Imprisonment for 7 years or 420 penalty units, or both.

  (4)   Strict liability applies to paragraph   (3)(b).

Note:   For strict liability, see section   6.1 of the Criminal Code .

Actions outside Great Barrier Reef Marine Park affecting environment in the Marine Park

  (5)   A person commits an offence if:

  (a)   the person takes an action; and

  (b)   the action is taken outside the Great Barrier Reef Marine Park but in the Australian jurisdiction; and

  (c)   the action results in or will result in a significant impact on the environment in an area; and

  (d)   the area is the Great Barrier Reef Marine Park.

Penalty:   Imprisonment for 7 years or 420 penalty units, or both.

  (6)   Strict liability applies to paragraphs   (5)(b) and (d).

Note:   For strict liability, see section   6.1 of the Criminal Code .

Actions outside Great Barrier Reef Marine Park likely to affect environment in the Marine Park

  (7)   A person commits an offence if:

  (a)   the person takes an action; and

  (b)   the action is taken outside the Great Barrier Reef Marine Park but in the Australian jurisdiction; and

  (c)   the action is likely to have a significant impact on the environment in an area; and

  (d)   the area is the Great Barrier Reef Marine Park.

Penalty:   Imprisonment for 7 years or 420 penalty units, or both.

  (8)   Strict liability applies to paragraphs   (7)(b) and (d).

Note:   For strict liability, see section   6.1 of the Criminal Code .

Defences

  (9)   Subsection   (1), (3), (5) or (7) 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:   The defendant bears an evidential burden in relation to the matters in this subsection. See subsection   13.3(3) of the Criminal Code .


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