Environment Protection and Biodiversity Conservation Act 1999

A person must not take in a Commonwealth marine area an action that has, will have or is likely to have a significant impact on the environment.

A person must not take outside a Commonwealth marine area but in the Australian jurisdiction an action that:

has or will have a significant impact on the environment in a Commonwealth marine area; or

is likely to have a significant impact on the environment in a Commonwealth marine area.

A person must not take in the coastal waters (as defined in the Fisheries Management Act 1991) of a State or the Northern Territory an action:

that:

is fishing (as defined in the Fisheries Management Act 1991); and

is included in the class of activities forming a fishery (as defined in that Act) that is managed under the law of the Commonwealth as a result of an agreement made under section 71 or 72 of that Act before the commencement of this section; and

that:

has or will have a significant impact on the environment in those coastal waters; or

is likely to have a significant impact on the environment in those coastal waters.

Subsections (1), (2) and (3) are civil penalty provisions.

For the maximum pecuniary penalty for a contravention of a civil penalty provision of this Part, see section 481A.

Subsection (1), (2) or (3) 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 the subsection; or

Part 4 lets the person take the action without an approval under Part 9 for the purposes of the subsection; 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 the subsection 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 person taking the action is the Commonwealth or a Commonwealth agency; or

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

Section 28 regulates actions by the Commonwealth or a Commonwealth agency with a significant impact on the environment.

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

is fishing (as defined in the Fisheries Management Act 1991); and

is included in the class of activities forming a fishery (as defined in that Act) that is managed under the law of a State or the Northern Territory as a result of an agreement made under section 71 or 72 of that Act before the commencement of this section; and

is permitted under a law of the State or Territory.

Subsection (2) does not apply to an action that:

is fishing (as defined in the Fisheries Management Act 1991); and

is permitted under a law of a State or self‑governing Territory.