Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 26

Requirement for approval of activities involving Commonwealth land

Actions on Commonwealth land

  (1)   A person must not take on Commonwealth land an action that has, will have or is likely to have a significant impact on the environment.

Civil penalty:  

  (a)   for an individual--1,000 penalty units;

  (b)   for a body corporate--10,000 penalty units.

Actions outside Commonwealth land affecting that land

  (2)   A person must not take outside Commonwealth land an action that:

  (a)   has or will have a significant impact on the environment on Commonwealth land; or

  (b)   is likely to have a significant impact on the environment on Commonwealth land.

Civil penalty:  

  (a)   for an individual--1,000 penalty units;

  (b)   for a body corporate--10,000 penalty units.

Exceptions to prohibitions

  (3)   Subsection   (1) or (2) does not apply to an action if:

  (a)   an approval of the taking of the action by the person is in operation under Part   9 for the purposes of the subsection; or

  (b)   Part   4 lets the person take the action without an approval under Part   9 for the purposes of the subsection; or

  (d)   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

  (e)   the action is an action described in subsection   160(2) (which describes actions whose authorisation is subject to a special environmental assessment process); or

  (f)   the person taking the action is the Commonwealth or a Commonwealth agency.

Note 1:   This section protects (among other things) the Commonwealth Heritage values of a Commonwealth Heritage place on Commonwealth land, because the heritage values of a place are part of the environment. See the definition of environment in section   528.

Note 2:   Section   28 regulates actions by the Commonwealth or a Commonwealth agency with a significant impact on the environment.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback