Requirement for approval of activities involving the marine environment
23 Requirement for approval of activities involving the marine environment
Actions in Commonwealth marine areas affecting the environment
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.
Civil penalty:
for an individual—5,000 penalty units;
for a body corporate—50,000 penalty units.
Actions outside Commonwealth marine areas affecting those areas
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.
Civil penalty:
for an individual—5,000 penalty units;
for a body corporate—50,000 penalty units.
Fishing in State or Territory waters managed by Commonwealth
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.
Civil penalty:
for an individual—5,000 penalty units;
for a body corporate—50,000 penalty units.
Exceptions to prohibitions
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.
Exception—fishing in Commonwealth waters managed by State
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.
Exception—fishing outside Commonwealth marine areas
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.
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