Environment Protection and Biodiversity Conservation Act 1999

A person commits an offence if:

the person takes an action; and

any of the following circumstances exist:

a proposal to take the action (or a larger action of which the action is a component) has been referred to the Minister by the person under section 68 (other than a proposal that is taken to have been referred because of section 69A);

the person has been notified under subsection 36B(3) or 65B(3) that a proposal to take the action (or a larger action of which the action is a component) is taken to have been referred to the Minister under section 68;

a proposal to take the action (or a larger action of which the action is a component) has been referred to the Minister under section 69 or 71 and the person has been informed of the referral under section 73; and

the referral has not been withdrawn under section 170C; and

the Minister has not decided under subsection 74A(1) not to accept the referral; and

provisions of this Chapter are not stopped by Division 1A from applying in relation to the referral; and

provisions of this Chapter are not stopped by section 155 from applying because of the referral in relation to the action (or a larger action of which the action is a component); and

no decision that the action (or a larger action of which the action is a component) is not a controlled action is in operation under section 75 in relation to the referral; and

either:

no determination that the action may continue to be taken is in force under section 79E; or

such a determination is in force, but the action has been taken otherwise than in accordance with one or more of the conditions (if any) specified in the determination; and

no decision is in operation under Part 9 in relation to the referral approving, or not approving, the taking of the action (or a larger action of which the action is a component).

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

Subsection (1) does not apply to the taking of the action by the person if:

the taking of the action is reasonably necessary in order to comply with a requirement or request made under this Part or Part 8 or 9 in relation to the action (or a larger action of which the action is a component); and

before taking the action, the person gave the Minister written notice of the taking of the action; and

the notice was given in accordance with any applicable requirements of the regulations.

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

Subsection (1) does not apply to the taking of the action by the person if:

the action is a minor or preparatory component of a larger action; and

the person has obtained the Minister’s written agreement, in accordance with any regulations prescribed for the purposes of this paragraph, to take the action.

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

This means that subsection (1) does not prohibit the person from taking a minor or preparatory action that is a component of a larger action that has been referred.

Regulations prescribed for the purposes of paragraph (2A)(b) may make provision for and in relation to the following:

applications to the Minister for agreement to take an action;

matters the Minister is to be satisfied of or have regard to in deciding whether to agree;

notice and publication of the Minister’s decision;

when the Minister’s decision has effect.

Subsection (1) does not apply to the taking of the action by the person if a decision approving the taking of the action is in operation under Part 9.

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

This means that subsection (1) does not prohibit the person from taking an approved action that is a component of a larger action that has been referred.

Subsection (1) does not apply to the taking of the action by the person if:

a decision that the action is not a controlled action is in operation under section 75; 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.

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

This means that subsection (1) does not prohibit the person from taking an action that the Minister has decided is not a controlled action even if the action is a component of a larger action that has been referred.

A person commits an offence if:

the person takes an action; and

the Minister, under section 70, has requested the referral by the person of a proposal to take the action (or a larger action of which the action is a component) to the Minister; and

the request has not been revoked; and

the referral has not been made.

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