has or will have a significant impact on the world heritage values of a declared World Heritage property; or

is likely to have a significant impact on the world heritage values of a declared World Heritage property.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

the property is a property submitted by the Commonwealth to the World Heritage Committee under Article 11 of the World Heritage Convention as suitable for inclusion in the World Heritage List; or

the Minister is satisfied that:

the property has, or is likely to have, world heritage values; and

some or all of the world heritage values of the property are under threat.

Consulting State or Territory before making declaration

he or she proposes to make a declaration in the circumstances described in paragraph (1)(b); and

he or she is satisfied that the threat mentioned in subparagraph (1)(b)(ii) is imminent.

Failure to comply with subsection (2)

(a) comes into force when it is published in the Gazette; and

remains in force (whether amended under section 15 or not) until the earliest of the following events:

the end of the period specified in the declaration as the period for which the declaration is in force;

the revocation of the declaration;

if the declaration specifies a property submitted to the World Heritage Committee for inclusion in the World Heritage List—the Committee either includes the property in the List or decides the property should not be included in the List.

Specified period for which declaration is in force

the World Heritage Committee needs to decide whether or not to include the property in the World Heritage List, in the case of a declaration specifying a property that has been submitted to the Committee for inclusion in the List; or

the Commonwealth needs to decide whether the property has world heritage values and to submit the property to the World Heritage Committee for inclusion in the World Heritage List, in the case of a declaration specifying a property not yet submitted to the Committee for inclusion in the List.

Declarations because of threat in force for a year or less

the declaration is made in the circumstances described in paragraph (1)(b); and

the property is not a property submitted by the Commonwealth to the World Heritage Committee under Article 11 of the World Heritage Convention as suitable for inclusion in the World Heritage List.

the Minister is satisfied that the property does not have world heritage values; or

the Commonwealth decides not to submit the property to the Committee for inclusion in the List; or

the Minister is satisfied that none of the world heritage values of the property are under threat.

the person takes an action; and

the action results or will result in a significant impact on the world heritage values of a property; and

the property is a declared World Heritage property.

the person takes an action; and

the action is likely to have a significant impact on the world heritage values of a property; and

the property is a declared World Heritage property.

an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

between and another country; or

between 2 States; or

between a State and Territory; or

between 2 Territories;

take an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

a Commonwealth area; or

a Territory;

that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

an approval of the taking of the action by the constitutional corporation, Commonwealth agency, Commonwealth or person is in operation under Part 9 for the purposes of this section; or

Part 4 lets the constitutional corporation, Commonwealth agency, Commonwealth or person take the action without an approval under Part 9 for the purposes of this section; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

the corporation or agency takes an action; and

the action results or will result in a significant impact on the heritage values of a place; and

the heritage values are National Heritage values of the place; and

the place is a National Heritage place.

the corporation or agency takes an action; and

the action is likely to have a significant impact on the heritage values of a place; and

the heritage values are National Heritage values of the place; and

the place is a National Heritage place.

the person takes an action; and

the action is taken for the purposes of trade or commerce:

between and another country; or

between 2 States; or

between a State and Territory; or

between 2 Territories; and

the action results or will result in a significant impact on the heritage values of a place; and

the heritage values are National Heritage values of the place; and

the place is a National Heritage place.

the person takes an action; and

the action is taken for the purposes of trade or commerce:

between and another country; or

between 2 States; or

between a State and Territory; or

between 2 Territories; and

the action is likely to have a significant impact on the heritage values of a place; and

the heritage values are National Heritage values of the place; and

the place is a National Heritage place.

the person takes an action; and

the action is taken in:

a Commonwealth area; or

a Territory; and

the action results or will result in a significant impact on the heritage values of a place; and

the heritage values are National Heritage values of the place; and

the place is a National Heritage place.

the person takes an action; and

the action is taken in:

a Commonwealth area; or

a Territory; and

the action is likely to have a significant impact on the heritage values of a place; and

the heritage values are National Heritage values of the place; and

the place is a National Heritage place.

the person takes an action; and

the action results or will result in a significant impact on the heritage values, to the extent that they are indigenous heritage values, of a place; and

the heritage values are National Heritage values of the place; and

the place is a National Heritage place.

the person takes an action; and

the action is likely to have a significant impact on the heritage values, to the extent that they are indigenous heritage values, of a place; and

the heritage values are National Heritage values of the place; and

the place is a National Heritage place.

the person takes an action; and

the action results or will result in a significant impact on the heritage values of a place; and

the heritage values are National Heritage values of the place; and

the place is a National Heritage place; and

the National Heritage place is in an area in respect of which has obligations under Article 8 of the Biodiversity Convention.

the person takes an action; and

the action is likely to have a significant impact on the heritage values of a place; and

the heritage values are National Heritage values of the place; and

the place is a National Heritage place; and

the National Heritage place is in an area in respect of which has obligations under Article 8 of the Biodiversity Convention.

an approval of the taking of the action by the constitutional corporation, Commonwealth agency or person is in operation under Part 9 for the purposes of this section; or

Part 4 lets the constitutional corporation, Commonwealth agency or person take the action without an approval under Part 9 for the purposes of this section; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

has or will have a significant impact on the ecological character of a declared Ramsar wetland; or

is likely to have a significant impact on the ecological character of a declared Ramsar wetland.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

excluded by the Commonwealth from the boundaries of a wetland in the List under that Article; or

deleted by the Commonwealth from the List under that Article.

Areas declared by the Minister

the wetland is of international significance or is likely to be of international significance because of its ecology, botany, zoology, limnology or hydrology; and

the ecological character of some or all of the wetland is under threat.

Consulting State or Territory before making declaration

the period the Minister believes the Commonwealth needs to:

decide whether the wetland is of international significance in terms of ecology, botany, zoology, limnology or hydrology; and

designate the wetland for inclusion in the List of Wetlands of International Importance kept under Article 2 of the Ramsar Convention;

12 months.

Revocation of declaration of threatened wetland

the Minister is satisfied that the wetland is not of international significance because of its ecology, botany, zoology, limnology or hydrology; or

the Minister is satisfied that there is no longer a threat to any part of the wetland.

the person takes an action; and

the action results or will result in a significant impact on the ecological character of a wetland; and

the wetland is a declared Ramsar wetland.

the person takes an action; and

the action is likely to have a significant impact on the ecological character of a wetland; and

the wetland is a declared Ramsar wetland.

an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

has or will have a significant impact on a listed threatened species included in the extinct in the wild category; or

is likely to have a significant impact on a listed threatened species included in the extinct in the wild category.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

Critically endangered species

has or will have a significant impact on a listed threatened species included in the critically endangered category; or

is likely to have a significant impact on a listed threatened species included in the critically endangered category.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

Endangered species

has or will have a significant impact on a listed threatened species included in the endangered category; or

is likely to have a significant impact on a listed threatened species included in the endangered category.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

Vulnerable species

has or will have a significant impact on a listed threatened species included in the vulnerable category; or

is likely to have a significant impact on a listed threatened species included in the vulnerable category.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

Critically endangered communities

has or will have a significant impact on a listed threatened ecological community included in the critically endangered category; or

is likely to have a significant impact on a listed threatened ecological community included in the critically endangered category.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

Endangered communities

has or will have a significant impact on a listed threatened ecological community included in the endangered category; or

is likely to have a significant impact on a listed threatened ecological community included in the endangered category.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

the person takes an action; and

the action results or will result in a significant impact on:

a species; or

an ecological community; and

the species is a listed threatened species, or the community is a listed threatened ecological community.

the person takes an action; and

the action is likely to have a significant impact on:

a species; or

an ecological community; and

the species is a listed threatened species, or the community is a listed threatened ecological community.

the listed threatened species subject to the significant impact (or likely to be subject to the significant impact) is:

a species included in the extinct category of the list under section 178; or

a conservation dependent species; or

the listed threatened ecological community subject to the significant impact (or likely to be subject to the significant impact) is an ecological community included in the vulnerable category of the list under section 181.

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

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

has or will have a significant impact on a listed migratory species; or

is likely to have a significant impact on a listed migratory species.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

the person takes an action; and

the action results or will result in a significant impact on a species; and

the species is a listed migratory species.

the person takes an action; and

the action is likely to have a significant impact on a species; and

the species is a listed migratory species.

an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

between and another country; or

between 2 States; or

between a State and a Territory; or

between 2 Territories;

take a nuclear action that has, will have or is likely to have a significant impact on the environment.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

an approval of the taking of the action by the constitutional corporation, Commonwealth agency, Commonwealth or person is in operation under Part 9 for the purposes of this section; or

Part 4 lets the constitutional corporation, Commonwealth agency, Commonwealth or person take the action without an approval under Part 9 for the purposes of this section; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

establishing or significantly modifying a nuclear installation;

transporting spent nuclear fuel or radioactive waste products arising from reprocessing;

establishing or significantly modifying a facility for storing radioactive waste products arising from reprocessing;

mining or milling uranium ore;

establishing or significantly modifying a large-scale disposal facility for radioactive waste;

de-commissioning or rehabilitating any facility or area in which an activity described in paragraph (a), (b), (c), (d) or (e) has been undertaken;

any other action prescribed by the regulations.

nuclear installation means any of the following:

a nuclear reactor for research or production of nuclear materials for industrial or medical use (including critical and sub-critical assemblies);

a plant for preparing or storing fuel for use in a nuclear reactor as described in paragraph (a);

a nuclear waste storage or disposal facility with an activity that is greater than the activity level prescribed by regulations made for the purposes of this section;

a facility for production of radioisotopes with an activity that is greater than the activity level prescribed by regulations made for the purposes of this section.

radioactive waste means radioactive material for which no further use is foreseen.

reprocessing means a process or operation to extract radioactive isotopes from spent nuclear fuel for further use.

spent nuclear fuel means nuclear fuel that has been irradiated in a nuclear reactor core and permanently removed from the core.

the corporation or agency takes a nuclear action; and

the nuclear action results or will result in a significant impact on the environment.

the corporation or agency takes a nuclear action; and

the nuclear action is likely to have a significant impact on the environment and the corporation or agency is reckless as to that fact.

the person takes a nuclear action; and

the nuclear action is taken for the purposes of trade or commerce:

between and another country; or

between 2 States; or

between a State and a Territory; or

between 2 Territories; and

the nuclear action results or will result in a significant impact on the environment.

the person takes a nuclear action; and

the nuclear action is taken for the purposes of trade or commerce:

between and another country; or

between 2 States; or

between a State and a Territory; or

between 2 Territories; and

the nuclear action is likely to have a significant impact on the environment and the person is reckless as to that fact.

the person takes a nuclear action; and

the nuclear action is taken in a Territory; and

the nuclear action results or will result in a significant impact on the environment.

the person takes a nuclear action; and

the nuclear action is taken in a Territory; and

the nuclear action is likely to have a significant impact on the environment and the person is reckless as to that fact.

an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

Actions outside Commonwealth marine areas affecting those areas

has or will have a significant impact on the environment in a Commonwealth marine area; or

is likely to have a significant impact on the environment in a Commonwealth marine area.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

Fishing in State or Territory waters managed by Commonwealth

that:

(i) is fishing (as defined in the Fisheries Management Act 1991); and

is included in the class of activities forming a fishery (as defined in that Act) that is managed under the law of the Commonwealth as a result of an agreement made under section 71 or 72 of that Act before the commencement of this section; and

that:

has or will have a significant impact on the environment in those coastal waters; or

is likely to have a significant impact on the environment in those coastal waters.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

Exceptions to prohibitions

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

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

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

the person taking the action is the Commonwealth or a Commonwealth agency; or

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

Exception—fishing in Commonwealth waters managed by State

(a) is fishing (as defined in the Fisheries Management Act 1991); and

is included in the class of activities forming a fishery (as defined in that Act) that is managed under the law of a State or the Northern Territory as a result of an agreement made under section 71 or 72 of that Act before the commencement of this section; and

is permitted under a law of the State or Territory.

Exception—fishing outside Commonwealth marine areas

(a) is fishing (as defined in the Fisheries Management Act 1991); and

is permitted under a law of a State or self-governing Territory.

the person takes an action; and

the action is taken in a Commonwealth marine area; and

the action results or will result in a significant impact on the environment.

the person takes an action; and

the action is taken in a Commonwealth marine area; and

the action is likely to have a significant impact on the environment.

the person takes an action; and

the action is taken outside a Commonwealth marine area but in the Australian jurisdiction; and

the action results or will result in a significant impact on the environment in an area; and

the area is a Commonwealth marine area.

the person takes an action; and

the action is taken outside a Commonwealth marine area but in the Australian jurisdiction; and

the action is likely to have a significant impact on the environment in an area; and

the area is a Commonwealth marine area.

the person takes an action that:

(i) is fishing (as defined in the Fisheries Management Act 1991); and

is included in the class of activities forming a fishery (as defined in that Act) that is managed under the law of the Commonwealth as a result of an agreement made under section 71 or 72 of that Act before the commencement of this section; and

(b) the action is taken in the coastal waters (as defined in the Fisheries Management Act 1991) of a State or the ; and

the action results or will result in a significant impact on the environment in those coastal waters.

the person takes an action that:

(i) is fishing (as defined in the Fisheries Management Act 1991); and

is included in the class of activities forming a fishery (as defined in that Act) that is managed under the law of the Commonwealth as a result of an agreement made under section 71 or 72 of that Act before the commencement of this section; and

(b) the action is taken in the coastal waters (as defined in the Fisheries Management Act 1991) of a State or the ; and

the action is likely to have a significant impact on the environment in those coastal waters.

an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

Defence—fishing in Commonwealth waters managed by State

(a) is fishing (as defined in the Fisheries Management Act 1991); and

is included in the class of activities forming a fishery (as defined in that Act) that is managed under the law of a State or the Northern Territory as a result of an agreement made under section 71 or 72 of that Act before the commencement of this section; and

is permitted under a law of the State or Territory.

Defence—fishing outside Commonwealth marine areas

(a) is fishing (as defined in the Fisheries Management Act 1991); and

is permitted under a law of a State or self-governing Territory.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

Actions outside Great Barrier Reef Marine Park affecting the environment in the Marine Park

has or will have a significant impact on the environment in the ; or

is likely to have a significant impact on the environment in the .

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

Exceptions to prohibition

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

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

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

the person taking the action is the Commonwealth or a Commonwealth agency; or

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

the person takes an action; and

the action is taken in the ; and

the action results or will result in a significant impact on the environment.

the person takes an action; and

the action is taken in the ; and

the action is likely to have a significant impact on the environment.

the person takes an action; and

the action is taken outside the but in the Australian jurisdiction; and

the action results in or will result in a significant impact on the environment in an area; and

the area is the .

the person takes an action; and

the action is taken outside the but in the Australian jurisdiction; and

the action is likely to have a significant impact on the environment in an area; and

the area is the .

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

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

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

the person taking the action is the Commonwealth or a Commonwealth agency; or

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

Subdivision FB—Protection of water resources from unconventional gas development and large coal mining development

the action involves:

unconventional gas development; or

large coal mining development; and

the action:

has or will have a significant impact on a water resource; or

is likely to have a significant impact on a water resource.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

the action involves:

unconventional gas development; or

large coal mining development; and

the action is taken for the purposes of trade or commerce:

between Australia and another country; or

between 2 States; or

between a State and Territory; or

between 2 Territories; and

the action:

has or will have a significant impact on a water resource; or

is likely to have a significant impact on a water resource.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

the action involves:

unconventional gas development; or

large coal mining development; and

the action is taken in:

a Commonwealth area; or

a Territory; and

the action:

has or will have a significant impact on a water resource; or

is likely to have a significant impact on a water resource.

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

an approval of the taking of the action by the constitutional corporation, Commonwealth, Commonwealth agency or person is in operation under Part 9 for the purposes of this section; or

Part 4 lets the constitutional corporation, Commonwealth, Commonwealth agency or person take the action without an approval under Part 9 for the purposes of this section; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

the corporation or agency takes an action involving:

unconventional gas development; or

large coal mining development; and

the action:

results or will result in a significant impact on a water resource; or

is likely to have a significant impact on a water resource.

the person takes an action involving:

unconventional gas development; or

large coal mining development; and

the action is taken for the purposes of trade or commerce:

between Australia and another country; or

between 2 States; or

between a State and Territory; or

between 2 Territories; and

the action:

has or will have a significant impact on a water resource; or

is likely to have a significant impact on a water resource.

the person takes an action involving:

unconventional gas development; or

large coal mining development; and

the action is taken in:

a Commonwealth area; or

a Territory; and

the action:

has or will have a significant impact on a water resource; or

is likely to have a significant impact on a water resource.

an approval of the taking of the action by the constitutional corporation, Commonwealth agency or person is in operation under Part 9 for the purposes of this section; or

Part 4 lets the constitutional corporation, Commonwealth agency or person take the action without an approval under Part 9 for the purposes of this section; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

for an individual—5,000 penalty units;

for a body corporate—50,000 penalty units.

an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

inform the appropriate Minister of each State and self-governing Territory of the proposal to prescribe:

the action; and

a thing as matter protected by this section in relation to the action; and

invite the appropriate Minister of each State and self-governing Territory to give the Environment Minister comments on the proposal within a specified period of at least 28 days; and

consider the comments (if any); and

if comments have been given as described in paragraph (b)—take all reasonable steps to consult the appropriate Minister of each State and self-governing Territory with a view to agreeing on:

the action to be prescribed; and

the thing to be prescribed as matter protected by this section in relation to the action.

taken in a Territory or a place acquired by the Commonwealth for public purposes (within the meaning of section 52 of the Constitution); or

taken in a Commonwealth marine area; or

taken for the purpose of trade or commerce:

between and another country; or

between 2 States; or

between a State and a Territory; or

between 2 Territories; or

taken by a constitutional corporation; or

whose regulation is appropriate and adapted to give effect to ’s obligations under an agreement with one or more other countries.

taken in a Territory; or

taken in a Commonwealth marine area; or

taken for the purpose of trade or commerce:

between and another country; or

between 2 States; or

between a State and a Territory; or

between 2 Territories; or

taken by a constitutional corporation; or

whose regulation is appropriate and adapted to give effect to ’s obligations under an agreement with one or more other countries.

a civil penalty provision set out in this Division; or

a provision of this Division that creates an offence.

(a) a person (the primary person) takes the action; and

(b) as a consequence of the primary action, another person (the secondary person) takes another action (the secondary action); and

the secondary action is not taken at the direction or request of the primary person; and

the significant impact referred to in the provision is a consequence of the secondary action.

Defence to offences

subsections 15A(1) and (2);

subsections 15C(1) to (10);

subsections 17B(1) and (2);

subsections 18A(1) and (2);

subsections 20A(1) and (2);

subsections 22A(1) to (6);

subsections 24A(1) to (6);

subsections 24C(1), (3), (5) and (7);

subsections 24E(1) to (3).

Exception to civil penalties

subsection 12(1);

subsections 15B(1) to (5) and (7);

subsection 16(1);

subsections 18(1) to (6);

subsection 20(1);

subsections 21(1) to (3);

subsections 23(1) to (3);

subsections 24B(1) and (2);

subsections 24D(1) to (3);

subsection 25(1).

stating that a specified person has contravened, or is contravening, a specified civil penalty provision set out in this Division; and

setting out particulars of that contravention.

the person proposes to engage in the conduct concerned; and

the conduct would contravene the civil penalty provision concerned.

for an individual—1,000 penalty units;

for a body corporate—10,000 penalty units.

Actions outside Commonwealth land affecting that land

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

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

for an individual—1,000 penalty units;

for a body corporate—10,000 penalty units.

Exceptions to prohibitions

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

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

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

the person taking the action is the Commonwealth or a Commonwealth agency.

the person takes an action; and

the action is taken on Commonwealth land; and

the action results or will result in a significant impact on the environment.

the person takes an action; and

the action is taken on Commonwealth land; and

the action is likely to have a significant impact on the environment.

the person takes an action; and

the action is taken outside Commonwealth land but in the Australian jurisdiction; and

the action results or will result in a significant impact on the environment in an area; and

the area is Commonwealth land.

the person takes an action; and

the action is taken outside Commonwealth land but in the Australian jurisdiction; and

the action is likely to have a significant impact on the environment in an area; and

the area is Commonwealth land.

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

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

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

the person taking the action is a Commonwealth agency.

for an individual—1,000 penalty units;

for a body corporate—10,000 penalty units.

an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

the person takes an action; and

the action is taken outside the Australian jurisdiction; and

the action results or will result in a significant impact on the environment in a place; and

the place is a Commonwealth Heritage place; and

the place is outside the Australian jurisdiction.

the person takes an action; and

the action is taken outside the Australian jurisdiction; and

the action is likely to have a significant impact on the environment in a place; and

the place is a Commonwealth Heritage place; and

the place is outside the Australian jurisdiction.

an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

for a Commonwealth agency that is an individual—1,000 penalty units;

for a Commonwealth agency that is a body corporate—10,000 penalty units.

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

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

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

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

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

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

’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.

(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):

to protect the environment;

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

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.

a civil penalty provision set out in this Division; or

a provision of this Division that creates an offence.

(a) a person (the primary person) takes the action; and

(b) as a consequence of the primary action, another person (the secondary person) takes another action (the secondary action); and

the secondary action is not taken at the direction or request of the primary person; and

the significant impact referred to in the provision is a consequence of the secondary action.

Defence to offences

subsections 27A(1) to (4);

subsections 27C(1) and (2).

Exception to civil penalties

subsections 26(1) and (2);

subsection 27B(1);

subsection 28(1).

the management arrangement is in operation under a law of the Commonwealth identified in or under the declaration; and

the management arrangement has been accredited in writing by the Minister in accordance with this section for the purposes of the declaration.

What is an accredited authorisation process?

the authorisation process is set out in a law of the Commonwealth, and the law and the authorisation process are identified in or under the declaration; and

the authorisation process has been accredited in writing by the Minister in accordance with this section for the purposes of the declaration.

Accrediting management arrangement or authorisation process

the management arrangement or authorisation process and the law under which it is in operation, or in which it is set out, meet the criteria prescribed by the regulations; and

there has been or will be adequate assessment of the impacts that actions approved in accordance with the management arrangement or authorisation process:

have or will have; or

are likely to have;

on each matter protected by a provision of Part 3 to which the declaration relates; and

actions approved or taken in accordance with the management arrangement or authorisation process will not have unacceptable or unsustainable impacts on a matter protected by a provision of Part 3 to which the declaration relates.

The Minister must publish in accordance with the regulations (if any) the instrument accrediting the management arrangement or authorisation process.

Tabling of management arrangement or authorisation process before accreditation

a copy of:

in the case of a management arrangement—the management arrangement; or

in the case of an authorisation process—the relevant part of the law in which the authorisation process is set out;

that the Minister is considering accrediting for the purposes of subsection (2) or (2A); and

a notice that the Minister proposes to accredit the management arrangement or authorisation process for the purposes of a declaration under this section.

Limitations on accreditation during period for opposition

before, or within 15 sitting days after, a copy of the management arrangement or authorisation process is laid before each House of the Parliament under this section; or

if, within those 15 sitting days of a House, notice of a motion to oppose accreditation of the management arrangement or authorisation process is given in that House—subject to subsection (5A), within 15 sitting days of that House after the notice is given.

notice of a motion to oppose accreditation of the management arrangement or authorisation process is given in a House of the Parliament within 15 sitting days after the management arrangement or authorisation process is laid before the House under this section; and

the notice is withdrawn or otherwise disposed of within 15 sitting days of that House after the notice is given;

then, subject to paragraph (5)(a), the Minister may accredit the management arrangement or authorisation process after the motion is withdrawn or otherwise disposed of.

No accreditation after accreditation opposed

the notice has not been withdrawn and the motion has not been called on; or

the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of.

Extended time after dissolution or prorogation

(a) notice of a motion to oppose the accreditation of the management arrangement or authorisation process is given in a House of the Parliament (the opposing House); and

before the end of 15 sitting days of the opposing House after the notice is given:

the House of Representatives is dissolved or expires; or

the Parliament is prorogued; and

at the time of the dissolution, expiry or prorogation (as appropriate):

the notice has not been withdrawn and the motion has not been called on; or

the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;

the management arrangement or relevant part of the law is taken for the purposes of subsections (5), (5A), (6) and (7) to have been laid before the opposing House on the first sitting day of that House after the dissolution, expiry or prorogation (as appropriate).

the Minister is satisfied that the declaration is not inconsistent with ’s obligations under the World Heritage Convention; and

the Minister is satisfied that the declaration will promote the management of the property in accordance with the Australian World Heritage management principles; and

the declaration meets the requirements (if any) prescribed by the regulations.

the Minister is satisfied that the management arrangement or authorisation process is not inconsistent with ’s obligations under the World Heritage Convention; and

the Minister is satisfied that the management arrangement or authorisation process will promote the management of the property in accordance with the Australian World Heritage management principles.

the Minister is satisfied that the declaration will promote the management of the place in accordance with the National Heritage management principles; and

the declaration meets the requirements (if any) prescribed by the regulations.

the Minister is satisfied that the declaration is not inconsistent with ’s obligations under the Ramsar Convention; and

the Minister is satisfied that the declaration will promote the management of the wetland in accordance with the Australian Ramsar management principles; and

the declaration meets the requirements (if any) prescribed by the regulations.

the Minister is satisfied that the management arrangement or authorisation process is not inconsistent with ’s obligations under the Ramsar Convention; and

the Minister is satisfied that the management arrangement or authorisation process will promote the management of the wetland in accordance with the Australian Ramsar management principles.

the Minister is satisfied that the declaration is not inconsistent with ’s obligations under:

the Biodiversity Convention; or

the Apia Convention; or

CITES; and

the Minister is satisfied that the declaration will promote the survival and/or enhance the conservation status of each species or community to which the declaration relates; and

the Minister is satisfied that the declaration is not inconsistent with any recovery plan for the species or community or a threat abatement plan; and

the Minister has had regard to any approved conservation advice for the species or community; and

the declaration meets the requirements (if any) prescribed by the regulations.

the Minister is satisfied that the management arrangement or authorisation process is not inconsistent with ’s obligations under:

the Biodiversity Convention; or

the Apia Convention; or

CITES; and

the Minister is satisfied that the management arrangement or authorisation process will promote the survival and/or enhance the conservation status of each species or community to which the declaration relates; and

the Minister is satisfied that the management arrangement or authorisation process is not inconsistent with any recovery plan for the species or community or a threat abatement plan; and

the Minister has had regard to any approved conservation advice for the species or community.

the Minister is satisfied that the declaration is not inconsistent with the Commonwealth’s obligations under whichever of the following conventions or agreements because of which the species is listed:

the Convention;

CAMBA;

JAMBA;

an international agreement approved under subsection 209(4); and

the Minister is satisfied that the declaration will promote the survival and/or enhance the conservation status of each species to which the declaration relates; and

the declaration meets the requirements (if any) prescribed by the regulations.

the Minister is satisfied that the management arrangement or authorisation process is not inconsistent with the Commonwealth’s obligations under whichever of the following conventions or agreements because of which the species is listed:

the Convention;

CAMBA;

JAMBA;

an international agreement approved under subsection 209(4); and

the Minister is satisfied that the management arrangement or authorisation process will promote the survival and/or enhance the conservation status of each species to which the declaration relates.

the Minister is satisfied that the declaration will promote the management of the place in accordance with the Commonwealth Heritage management principles; and

the declaration meets the requirements (if any) prescribed by the regulations.

a declaration made under section 33 is revoked; and

before the revocation, an action was being taken that could be taken without approval under Part 9 because its taking was covered by the declaration; and

the action had not been completed before the revocation;

this Act continues to operate in relation to the action as if the declaration had not been revoked.

by a person for the purposes of trade between and another country or between 2 States; or

by a constitutional corporation;

the Minister must not give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.

Publishing declarations

a management arrangement or an authorisation process is an accredited management arrangement or an accredited authorisation process; and

the management arrangement or authorisation process is amended, or is proposed to be amended; and

the Minister is satisfied that the amendments are, or will be, minor; and

the Minister is satisfied that the management arrangement or authorisation process as amended meets, or will meet, the requirements of:

paragraphs 33(3)(a), (b) and (c); and

section 34A; and

subsection 34B(2), 34BA(2), 34C(2), 34D(2), 34E(2) or 34F(2) (as the case requires);

the Minister may, by instrument in writing, determine that this section applies to the amendments.

the management arrangement or authorisation process as amended is, for the purposes of this Act, taken to be an accredited management arrangement or accredited authorisation process; and

subsections 33(1) to (8) do not apply in relation to the amendments to the management arrangement or authorisation process, or the management arrangement or authorisation process as amended; and

actions taken after the determination is made in accordance with the accredited management arrangement or accredited authorisation process as amended do not require approval under Part 9 for the purposes of a specified provision of Part 3.

matters relevant to any matter protected by a provision of the Minister considers is relevant to the action or class of actions to which the declaration relates;Part 3 that

economic and social matters.

a nuclear fuel fabrication plant;

a nuclear power plant;

an enrichment plant;

a reprocessing facility.

a declaration made under section 37A is revoked; and

before the revocation, an action was being taken that could be taken without approval under Part 9 because its taking was covered by the declaration; and

the action had not been completed before the revocation;

this Act continues to operate in relation to the action as if the declaration had not been revoked.

by a person for the purposes of trade or commerce between and another country or between 2 States; or

by a constitutional corporation;

the Minister must not give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.

Publishing declarations

the planting of trees;

the managing of trees before they are harvested;

the harvesting of forest products;

and includes any related land clearing, land preparation and regeneration (including burning) and transport operations. For the purposes of paragraph (c), forest products means live or dead trees, ferns or shrubs, or parts thereof.

RFA region has the meaning given by section 41.

by a person for the purposes of trade or commerce between and another country or between 2 States; or

by a constitutional corporation.

the area delineated as the Eden RFA Region on the map of that New South Wales Region dated 13 May 1999 and published by the Bureau of Resource Sciences;

the area delineated as the Lower North East RFA Region on the map of that New South Wales Region dated 13 May 1999 and published by the Bureau of Resource Sciences;

the area delineated as the Upper North East RFA Region on the map of that New South Wales Region dated 13 May 1999 and published by the Bureau of Resource Sciences;

the area delineated as the South Region on the map of the Comprehensive Regional Assessment South CRA Region dated August 1997 and published by the State Forests GIS Branch of the organisation known as State Forests of ;

the area delineated as the Gippsland Region in the map of that Region dated 11 March 1998 and published by the Forest Information Section of the Department of Natural Resources and Environment of Victoria;

the area delineated as the North East RFA Region in the map of that Region dated 11 March 1998 and published by the Forest Information Section of the Department of Natural Resources and Environment of Victoria;

the area delineated as the West Region in the map of that Region dated 3 March 1999 and published by the Forest Information Section of the Department of Natural Resources and Environment of Victoria;

the area delineated as the South East Queensland RFA Region on the map of that Region dated 21 August 1998 and published by the Bureau of Resource Sciences.

Regulations may amend list of regions