Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 24D

  (1)   A constitutional corporation, the Commonwealth or a Commonwealth agency must not take an action if:

  (a)   the action involves:

  (i)   unconventional gas development; or

  (ii)   large coal mining development; and

  (b)   the action:

  (i)   has or will have a significant impact on a water resource; or

  (ii)   is likely to have a significant impact on a water resource.

Civil penalty:

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

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

  (2)   A person must not take an action if:

  (a)   the action involves:

  (i)   unconventional gas development; or

  (ii)   large coal mining development; and

  (b)   the action is taken for the purposes of trade or commerce:

  (i)   between Australia and another country; or

  (ii)   between 2 States; or

  (iii)   between a State and Territory; or

  (iv)   between 2 Territories; and

  (c)   the action:

  (i)   has or will have a significant impact on a water resource; or

  (ii)   is likely to have a significant impact on a water resource.

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 if:

  (a)   the action involves:

  (i)   unconventional gas development; or

  (ii)   large coal mining development; and

  (b)   the action is taken in:

  (i)   a Commonwealth area; or

  (ii)   a Territory; and

  (c)   the action:

  (i)   has or will have a significant impact on a water resource; or

  (ii)   is likely to have a significant impact on a water resource.

Civil penalty:

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

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

  (4)   Subsections   (1) to (3) do not apply to an action if:

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

  (b)   Part   4 lets the constitutional corporation, Commonwealth, Commonwealth agency 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).

  (5)   A person who wishes to rely on subsection   (4) in proceedings for a contravention of a civil penalty provision bears an evidential burden in relation to the matters in that subsection.