ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 27C Offences relating to Commonwealth Heritage places overseas

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 27C

  (1)   A person commits an offence if:

  (a)   the person takes an action; and

  (b)   the action is taken outside the Australian jurisdiction; and

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

  (ca)   the place is a Commonwealth Heritage place; and

  (d)   the place is outside the Australian jurisdiction.

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

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

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

  (2)   A person commits an offence if:

  (a)   the person takes an action; and

  (b)   the action is taken outside the Australian jurisdiction; and

  (c)   the action is likely to have a significant impact on the environment in a place; and

  (d)   the place is a Commonwealth Heritage place; and

  (e)   the place is outside the Australian jurisdiction.

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

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

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

  (3)   An offence against subsection   (1) or (2) is punishable on conviction by imprisonment for a term not more than 2 years, a fine not more than 120 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.

  (4)   Section   14.1 (standard geographical jurisdiction) of the Criminal Code does not apply to an offence created by this section.

Note:   Section   5 affects the extra - territorial operation of this section.

  (5)   Subsections   (1) and (2) 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 .