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