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.