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s 16

Requirement for approval of activities with a significant impact on a declared Ramsar wetland

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 BWetlands of international importance

16 Requirement for approval of activities with a significant impact on a declared Ramsar wetland

(1)

A person must not take an action that:

(a)

has or will have a significant impact on the ecological character of a declared Ramsar wetland; or

(b)

is likely to have a significant impact on the ecological character of a declared Ramsar wetland.

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)

In this Act:

ecological character has the same meaning as in the Ramsar Convention.

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