Environment Protection and Biodiversity Conservation Act 1999

A constitutional corporation, the Commonwealth or a Commonwealth agency must not take an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

A person must not, for the purposes of trade or commerce:

between Australia and another country; or

between 2 States; or

between a State and Territory; or

between 2 Territories;

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

A person must not take an action in:

a Commonwealth area; or

a Territory;

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

A person must not take an action that has, will have or is likely to have a significant impact on the National Heritage values, to the extent that they are indigenous heritage values, of a National Heritage place.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

For indigenous heritage value, see section 528.

A person must not take an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place in an area in respect of which Australia has obligations under Article 8 of the Biodiversity Convention.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

Subsection (5) only applies to actions whose prohibition is appropriate and adapted to give effect to Australia’s obligations under Article 8 of the Biodiversity Convention. (However, that subsection may not apply to certain actions because of subsection (8).)

Subsections (1) to (5) (inclusive) do not apply to an action if:

an approval of the taking of the action by the constitutional corporation, Commonwealth agency, Commonwealth or person is in operation under Part 9 for the purposes of this section; or

Part 4 lets the constitutional corporation, Commonwealth agency, Commonwealth or person take the action without an approval under Part 9 for the purposes of this section; or

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

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

the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).