ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 22A Offences relating to nuclear actions

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 22A

  (1)   A constitutional corporation, or a Commonwealth agency that does not enjoy the immunities of the Commonwealth, commits an offence if:

  (a)   the corporation or agency takes a nuclear action; and

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

Note:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

  (2)   A constitutional corporation, or a Commonwealth agency that does not enjoy the immunities of the Commonwealth, commits an offence if:

  (a)   the corporation or agency takes a nuclear action; and

  (b)   the nuclear action is likely to have a significant impact on the environment and the corporation or agency is reckless as to that fact.

Note:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

  (3)   A person commits an offence if:

  (a)   the person takes a nuclear action; and

  (b)   the nuclear 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 a Territory; or

  (iv)   between 2 Territories; and

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

Note:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

  (4)   A person commits an offence if:

  (a)   the person takes a nuclear action; and

  (b)   the nuclear 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 a Territory; or

  (iv)   between 2 Territories; and

  (c)   the nuclear action is likely to have a significant impact on the environment and the person is reckless as to that fact.

Note:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

  (5)   A person commits an offence if:

  (a)   the person takes a nuclear action; and

  (b)   the nuclear action is taken in a Territory; and

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

Note:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

  (6)   A person commits an offence if:

  (a)   the person takes a nuclear action; and

  (b)   the nuclear action is taken in a Territory; and

  (c)   the nuclear action is likely to have a significant impact on the environment and the person is reckless as to that fact.

Note:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

  (7)   An offence against subsection   (1), (2), (3), (4), (5) or (6) is punishable on conviction by imprisonment for a term not more than 7 years, a fine not more than 420 penalty units, or both.

Note 1:   Subsection   4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

Note 2:   An executive officer of a body corporate convicted of an offence against this section may also commit an offence against section   495.

Note 3:   If a person takes an action on land that contravenes this section, a landholder may commit an offence against section   496C.

  (8)   Subsections   (1), (2), (3), (4), (5) and (6) do 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).

Note:   The defendant bears an evidential burden in relation to the matters in this subsection. See subsection   13.3(3) of the Criminal Code .