Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 24A

Actions in Commonwealth marine areas affecting the environment

             (1)  A person is guilty of an offence if:

                     (a)  the person takes an action; and

                     (b)  the action is taken in a Commonwealth marine area; and

                     (c)  the 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.

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

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

Actions in Commonwealth marine areas likely to affect the environment

             (2)  A person is guilty of an offence if:

                     (a)  the person takes an action; and

                     (b)  the action is taken in a Commonwealth marine area; and

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

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

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

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

Actions outside Commonwealth marine areas affecting those areas

             (3)  A person is guilty of an offence if:

                     (a)  the person takes an action; and

                     (b)  the action is taken outside a Commonwealth marine area but in the Australian jurisdiction; and

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

                     (d)  the area is a Commonwealth marine area.

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

          (3A)  Strict liability applies to paragraphs (3)(b) and (d).

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

Actions likely to affect environment in Commonwealth marine areas

             (4)  A person is guilty of an offence if:

                     (a)  the person takes an action; and

                     (b)  the action is taken outside a Commonwealth marine area 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 a Commonwealth marine area.

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

          (4A)  Strict liability applies to paragraphs (4)(b) and (d).

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

Fishing with impact in State or Territory waters managed by Commonwealth

             (5)  A person is guilty of an offence if:

                     (a)  the person takes an action 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)  the action is taken in the coastal waters (as defined in the Fisheries Management Act 1991 ) of a State or the Northern Territory; and

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

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

          (5A)  Strict liability applies to paragraph (5)(b).

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

Fishing with likely impact in State or Territory waters managed by Commonwealth

             (6)  A person is guilty of an offence if:

                     (a)  the person takes an action 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)  the action is taken in the coastal waters (as defined in the Fisheries Management Act 1991 ) of a State or the Northern Territory; and

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

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

          (6A)  Strict liability applies to paragraph (6)(b).

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

Penalties

             (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 be guilty of an offence against section 495.

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

Defences--general

             (8)  Subsection (1), (2), (3), (4), (5) or (6) 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 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 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 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 .

Defence--fishing in Commonwealth waters managed by State

             (9)  Subsections (1) and (2) do 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.

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

Defence--fishing outside Commonwealth marine areas

           (10)  Subsections (3) and (4) do 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.

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