Environment Protection and Biodiversity Conservation Act 1999

The regulations may provide that a specified action is taken to be an action to which a specified regulatory provision applies.

For specification by class, see subsection 13(3) of the Legislation Act 2003.

To avoid doubt, if, as a result of a regulation made for the purposes of subsection (1), a regulatory provision applies to an action, the action is taken to be described in the provision.

Regulations made for the purposes of subsection (1) may only specify actions:

taken in a Territory; 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 specifying 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.

In this section:

a civil penalty provision set out in this Division; or

a provision of this Division that creates an offence.