Environment Protection and Biodiversity Conservation Act 1999

A person commits an offence if:

the person takes an action; and

the action is taken outside the Australian jurisdiction; and

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

the place is a Commonwealth Heritage place; and

the place is outside the Australian jurisdiction.

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

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

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 Australian jurisdiction; and

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

the place is a Commonwealth Heritage place; and

the place is outside the Australian jurisdiction.

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Strict liability applies to paragraph (2)(d).

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

An offence against subsection (1) or (2) is punishable on conviction by imprisonment for a term not more than 2 years, a fine not more than 1,000 penalty units, or both.

Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

An executive officer of a body corporate convicted of an offence against this section may also commit an offence against section 495.

Section 14.1 (standard geographical jurisdiction) of the Criminal Code does not apply to an offence created by this section.

Section 5 affects the extra‑territorial operation of this section.

Subsections (1) and (2) do 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).

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