Environment Protection and Biodiversity Conservation Act 1999

A person commits an offence if:

the person takes an action; and

the action is taken in the Great Barrier Reef Marine Park; and

the action results or will result in a significant impact on the environment.

Strict liability applies to paragraph (1)(b).

For strict liability, see section 6.1 of the Criminal Code.

A person commits an offence if:

the person takes an action; and

the action is taken in the Great Barrier Reef Marine Park; and

the action is likely to have a significant impact on the environment.

Strict liability applies to paragraph (3)(b).

For strict liability, see section 6.1 of the Criminal Code.

A person commits an offence if:

the person takes an action; and

the action is taken outside the Great Barrier Reef Marine Park but in the Australian jurisdiction; and

the action results in or will result in a significant impact on the environment in an area; and

the area is the Great Barrier Reef Marine Park.

Strict liability applies to paragraphs (5)(b) and (d).

For strict liability, see section 6.1 of the Criminal Code.

A person commits an offence if:

the person takes an action; and

the action is taken outside the Great Barrier Reef Marine Park but in the Australian jurisdiction; and

the action is likely to have a significant impact on the environment in an area; and

the area is the Great Barrier Reef Marine Park.

Strict liability applies to paragraphs (7)(b) and (d).

For strict liability, see section 6.1 of the Criminal Code.

Subsection (1), (3), (5) or (7) 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).

The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.