Commonwealth Numbered Acts

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 499

Commonwealth powers to remedy environmental damage
(1)
This section applies if the Minister suspects that an act or omission constitutes a contravention of this Act or the regulations (whether or not the act or omission is an offence against this Act or the regulations).

(2)
On behalf of the Commonwealth, the Minister may cause to be taken such steps as he or she thinks proper:

(a)
to repair or remove any condition that arises from the act or omission and relates to:

(i)
the environment; or
(ii)
if the contravention was of a provision of Part 3—the matter protected by the provision; or
(b)
to mitigate any damage that arises from the act or omission and relates to:

(i)
the environment; or
(ii)
if the contravention was of a provision of Part 3—the matter protected by the provision; or
(c)
to prevent any damage that is likely to arise from the act or omission and relates to:

(i)
the environment; or
(ii)
if the contravention was of a provision of Part 3—the matter protected by the provision.
(3)
If:

(a)
a person provided false or misleading information in contravention of section 489; and

(b)
as a result of the contravention the Minister granted an environmental authority to a person, or set conditions relating to the environmental authority, unaware of the certainty or likelihood of the action covered by the authority:

(i)
resulting in damage to the environment or to a matter protected by a provision of Part 3; or
(ii)
giving rise to a condition relating to the environment or to a matter protected by a provision of Part 3; and
(c)
the action results in damage to the environment or gives rise to a condition relating to the environment;

then, for the purposes of this section and section 500, the damage or condition is taken to arise from the provision of false or misleading information in contravention of section 489.

(4)
This section does not affect the exercise by the Commonwealth or the Minister of powers under another provision of this Act or under any other law.


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