Environment Protection and Biodiversity Conservation Act 1999

A person must not take an action that:

has or will have a significant impact on a listed migratory species; or

is likely to have a significant impact on a listed migratory species.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

Subsection (1) does not apply to an action if:

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

Part 4 lets the 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).