Commonwealth Consolidated Acts

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

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 28

Requirement for approval of activities of Commonwealth agencies significantly affecting the environment

  (1)   The Commonwealth or a Commonwealth agency must not take inside or outside the Australian jurisdiction an action that has, will have or is likely to have a significant impact on the environment inside or outside the Australian jurisdiction.

Civil penalty:  

  (a)   for a Commonwealth agency that is an individual--1,000 penalty units;

  (b)   for a Commonwealth agency that is a body corporate--10,000 penalty units.

Note 1:   This section protects (among other things) the Commonwealth Heritage values of a Commonwealth Heritage place from an action taken by the Commonwealth or a Commonwealth agency, because the heritage values of a place are part of the environment. See the definition of environment in section   528.

Note 2:   This section does not apply to decisions to authorise activities. See Subdivision   A of Division   1 of Part   23.

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

  (a)   an approval of the taking of the action by the Commonwealth or Commonwealth agency is in operation under Part   9 for the purposes of this section; or

  (b)   Part   4 lets the Commonwealth or Commonwealth agency take the action without an approval under Part   9 for the purposes of this section; or

  (c)   the action is one declared by the Minister in writing to be an action to which this section does not apply; or

  (d)   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

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

  (3)   The Minister may make a written declaration that actions are actions to which this section does not apply, but only if he or she is satisfied that it is necessary in the interests of:

  (a)   Australia's defence or security; or

  (b)   preventing, mitigating or dealing with a national emergency, including an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020 ) relates.

  (4)   The Minister may make a written declaration that all actions, or a specified class of actions, taken by a specified Commonwealth agency are actions to which this section does not apply.

  (5)   The Minister may make a declaration under subsection   (4) relating to a Commonwealth agency's actions only if he or she is satisfied that:

  (a)   in taking the actions to which the declaration relates, the agency must comply with the law of a State or Territory (including a law of a State that is applied to a Commonwealth place by virtue of the Commonwealth Places (Application of Laws) Act 1970 ), that has either or both of the following objects (whether express or implied):

  (i)   to protect the environment;

  (ii)   to promote the conservation and ecologically sustainable use of natural resources; and

  (b)   the impacts that the actions have, will have or are likely to have on the environment, are adequately addressed under the State or Territory law.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback