Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 24C

Actions in Great Barrier Reef Marine Park affecting the environment

             (1)  A person commits an offence if:

                     (a)  the person takes an action; and

                     (b)  the action is taken in the Great Barrier Reef Marine Park; and

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

Penalty:  Imprisonment for 7 years or 420 penalty units, or both.

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

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

Actions in Great Barrier Reef Marine Park likely to affect the environment

             (3)  A person commits an offence if:

                     (a)  the person takes an action; and

                     (b)  the action is taken in the Great Barrier Reef Marine Park; and

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

Penalty:  Imprisonment for 7 years or 420 penalty units, or both.

             (4)  Strict liability applies to paragraph (3)(b).

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

Actions outside Great Barrier Reef Marine Park affecting environment in the Marine Park

             (5)  A person commits an offence if:

                     (a)  the person takes an action; and

                     (b)  the action is taken outside the Great Barrier Reef Marine Park but in the Australian jurisdiction; and

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

                     (d)  the area is the Great Barrier Reef Marine Park.

Penalty:  Imprisonment for 7 years or 420 penalty units, or both.

             (6)  Strict liability applies to paragraphs (5)(b) and (d).

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

Actions outside Great Barrier Reef Marine Park likely to affect environment in the Marine Park

             (7)  A person commits an offence if:

                     (a)  the person takes an action; and

                     (b)  the action is taken outside the Great Barrier Reef Marine Park 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 the Great Barrier Reef Marine Park.

Penalty:  Imprisonment for 7 years or 420 penalty units, or both.

             (8)  Strict liability applies to paragraphs (7)(b) and (d).

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

Defences

             (9)  Subsection (1), (3), (5) or (7) 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:          The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .