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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 24B Requirement for approval of activities in the Great Barrier Reef Marine Park

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 24B

Requirement for approval of activities in the Great Barrier Reef Marine Park

Actions in Great Barrier Reef Marine Park affecting the environment

  (1)   A person must not take in the Great Barrier Reef Marine Park 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 Great Barrier Reef Marine Park affecting the environment in the Marine Park

  (2)   A person must not take outside the Great Barrier Reef Marine Park but in the Australian jurisdiction an action that:

  (a)   has or will have a significant impact on the environment in the Great Barrier Reef Marine Park; or

  (b)   is likely to have a significant impact on the environment in the Great Barrier Reef Marine Park.

Civil penalty:

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

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

Exceptions to prohibition

  (3)   Subsection   (1) or (2) 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.

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