Environment Protection and Biodiversity Conservation Act 1999

A person must not take an action that is prescribed by the regulations for the purposes of this subsection.

Subsection (1) is a civil penalty provision.

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

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).

Before the Governor‑General makes regulations prescribing an action for the purposes of subsection (1), the Minister (the Environment Minister) must:

inform the appropriate Minister of each State and self‑governing Territory of the proposal to prescribe:

the action; and

a thing as matter protected by this section in relation to the action; and

invite the appropriate Minister of each State and self‑governing Territory to give the Environment Minister comments on the proposal within a specified period of at least 28 days; and

consider the comments (if any); and

if comments have been given as described in paragraph (b)—take all reasonable steps to consult the appropriate Minister of each State and self‑governing Territory with a view to agreeing on:

the action to be prescribed; and

the thing to be prescribed as matter protected by this section in relation to the action.

Section 34 provides that the matter protected by this section is a thing prescribed by the regulations in relation to the action.

To avoid doubt, regulations may be made for the purposes of this section even if no agreement is reached on the matters described in paragraph (3)(d).

The regulations may prescribe different things as matter protected by this section in relation to different actions prescribed for the purposes of subsection (1).

This section applies only to actions:

taken in a Territory or a place acquired by the Commonwealth for public purposes (within the meaning of section 52 of the Constitution); or

taken in a Commonwealth marine area; or

taken for the purpose of trade or commerce:

between Australia and another country; or

between 2 States; or

between a State and a Territory; or

between 2 Territories; or

taken by a constitutional corporation; or

whose regulation is appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.

Regulations prescribing an action whose regulation is appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more countries must specify the agreement.