(1)  A person must not carry out an EL activity unless the person is authorised under an environmental licence to do so.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 1 000 penalty units; or

(b) an individual, a fine not exceeding 500 penalty units or imprisonment for a term not exceeding 12 months, or both.

(2)  Subsection (1) does not apply in respect of a person in relation to an activity if the activity is expressly or impliedly authorised to be carried out under an environment protection notice.

(3)  Subsection (1) does not apply in respect of a person in relation to an activity if there is no environmental licence in force in relation to the activity and the person was, immediately before the commencement of this section –

(a) carrying out the activity under an existing authorisation; or

(b) carrying out the activity and –

(i) no permit is required under the Land Use Planning and Approvals Act 1993 in relation to the activity; and

(ii) no marine farming licence is required in relation to the activity; and

(iii) no fish farm licence is required in relation to the activity.

(4)  A person who carries out an activity to which an environmental licence relates must not contravene –

(a) a condition or restriction imposed on the licence; or

(b) a condition or restriction of a notice, issued under section 42ZH (2), of the approval of a surrender of the licence.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 1 000 penalty units; or

(b) an individual, a fine not exceeding 500 penalty units or imprisonment for a term not exceeding 12 months, or both.

(5)  A court must, in relation to an offence under subsection (4) in respect of a contravention of a condition or restriction imposed on an environmental licence, impose a special penalty of an amount –

(a) prescribed by the regulations; or

(b) calculated in accordance with a method prescribed by the regulations.

(6)  A special penalty imposed under subsection (5) is in addition to a fine, if any, imposed under subsection (4) .

(7)  Regulations for the purposes of subsection (5) may prescribe different amounts, or different methods, that are to apply according to circumstances specified in the regulations.

(8)  The holder of an environmental licence must not expand, intensify or modify the activity to which the licence relates except if –

(a) the expansion, intensification or modification –

(i) is expressly authorised under the environmental licence, including the licence as varied under Subdivision 4 , and does not contravene the conditions or restrictions imposed on the licence; or

(ii) is expressly authorised under an environment protection notice; or

(b) the Board has determined under section 25(1DAB) that the expansion, intensification or modification of the activity is not environmentally significant.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 1 000 penalty units; or

(b) an individual, a fine not exceeding 500 penalty units or imprisonment for a term not exceeding 12 months, or both.

(9)  The holder of an environmental licence must not –

(a) cease to carry out an activity to which the licence relates; or

(b) resume an activity to which the licence relates –

unless –

(c) the person, before ceasing to carry out the activity or resuming the activity, notified the Director of the person's intention to cease or resume the activity, respectively; or

(d) the cessation or resumption occurs in pursuance of a notice issued under section 42ZF(1) or because the licence has ceased to be suspended or cancelled; or

(e) the cessation or resumption occurs in accordance with a requirement of an environment protection notice.

Penalty:  Fine not exceeding 100 penalty units.