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COMMONWEALTHAct
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s 12

Requirement for approval of activities with a significant impact on a declared World Heritage property

In force
Volume 1Chapter 1, Part 1 to Chapter 5, Part 13, Division 4 (sections 1 to 266)
Chapter 2Protecting the environment
Part 3Requirements for environmental approvals
Division 1Requirements relating to matters of national environmental significance
Subdivision AWorld Heritage

12 Requirement for approval of activities with a significant impact on a declared World Heritage property

(1)

A person must not take an action that:

(a)

has or will have a significant impact on the world heritage values of a declared World Heritage property; or

(b)

is likely to have a significant impact on the world heritage values of a declared World Heritage property.

Civil penalty:

(a)

for an individual—5,000 penalty units;

(b)

for a body corporate—50,000 penalty units.

(2)

Subsection (1) 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

(ba)

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; 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).

(3)

A property has world heritage values only if it contains natural heritage or cultural heritage. The world heritage values of the property are the natural heritage and cultural heritage contained in the property.

(4)

In this section:

cultural heritage has the meaning given by the World Heritage Convention.

natural heritage has the meaning given by the World Heritage Convention.

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