all persons (including persons who are not Australian entities); and

all aircraft (including aircraft that are not Australian aircraft); and

all vessels (including vessels that are not Australian vessels); and

all premises (including premises owned or occupied by persons who are not Australian entities).

Application outside Australian jurisdiction limited to Australian entities etc.

the Commonwealth; and

authorities of the Commonwealth; and

Australian entities; and

Australian aircraft; and

Australian vessels; and

members of crews of Australian aircraft and Australian vessels (including persons in charge of those aircraft or vessels).

This Act and the Regulatory Powers Act have effect subject to international law obligations

Australia’s obligations under international law, including obligations under any international agreement binding on Australia; and

any law of the Commonwealth giving effect to such an agreement.

apart from this section, the operation of this Act would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph); and

the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;

the Commonwealth is liable to pay a reasonable amount of compensation to the person.

Antarctica; or

the Convention area.

Subdivision B—Key concepts relating to this Part

the activity is a fishing activity; and

an international agreement relating to fishing imposes obligations or confers rights in relation to the activity.

an activity that constitutes fishing; or

an activity carried out solely in support of, or in preparation for, fishing; or

any other activity prescribed by the rules to be a fishing activity.

Interpretation

searching for, or taking, fish; or

attempting to search for, or take, fish; or

engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish; or

placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons; or

aircraft use relating to any activity described in this definition (except flights in emergencies involving the health or safety of crew members or the safety of a launch, vessel or floating craft of any description); or

the processing, carrying or transhipping of fish that have been taken.

a man-made structure that, when in, or brought into, physical contact with the seabed or when floating, is used solely for the purpose of attracting populations of fish so as to facilitate the taking of those fish; or

any electronic or other equipment designed or intended to be ancillary to, or associated with, such a structure while it is being used, or in order to facilitate the use of the structure, for that purpose;

but does not include a net, trap or other equipment for taking, catching or capturing fish.

one or more marine genetic resources collected in an area beyond national jurisdiction; or

digital sequence information of one or more marine genetic resources collected in an area beyond national jurisdiction.

the activity is a regulated fishing activity; or

all of the following apply:

the activity constitutes the utilisation of one or more marine genetic resources, or digital sequence information of one or more marine genetic resources;

each of those marine genetic resources was collected during a regulated fishing activity;

the activity is carried out for the purposes of a regulated fishing activity.

the collection activity is proposed to be carried out by, or on behalf of, the person; and

the person is an Australian entity; and

the person is not employed or engaged by a foreign entity in connection with the collection activity.

the collection activity is a regulated fishing activity; and

at the time the collection activity is proposed to be carried out, the person does not propose to carry out a utilisation activity in relation to which one or more utilised marine genetic resources will be collected during the collection activity.

Utilisation activities

the utilisation activity is carried out or proposed to be carried out by, or on behalf of, the person; and

the person is an Australian entity; and

the person is not employed or engaged by a foreign entity in connection with the utilisation activity.

at least 6 months before the day the collection activity starts to be carried out; or

if that is not possible—as soon as practicable before that day.

be in the form approved, in writing, by the Minister; and

include information about the pre-collection matters for the activity; and

include any other information prescribed by the rules; and

meet any other requirements prescribed by the rules.

the nature, purposes and objectives of the activity;

whether the activity forms part of a research program and, if so, the subject matter of that program;

the marine genetic resources proposed to be collected;

the geographical location of the activity area;

how the activity will be carried out, including:

the scientific equipment or methods to be used; and

the name, tonnage, type and class of the vessels to be used;

whether, and how, the activity will contribute to other research programs;

the period during which the activity will be carried out;

any entity providing financial support or assistance for carrying out the activity;

the contact person for the activity;

whether there are any opportunities for scientists from other countries to be involved in or associated with the activity;

whether there are any opportunities for another country to, if requested by that country, participate or be represented in the activity;

(l) a plan (the data management plan) for managing information relevant to, or resulting from, the activity that:

is based on the principle of open and responsible data governance; and

meets any requirements set out in the rules;

any other matter prescribed by the rules.

the utilisation activity constitutes the utilisation of one or more marine genetic resources collected during the collection activity; and

no pre-collection notice for the collection activity has been given; and

no other post-collection notice for the collection activity has been given.

10 months after the activity is completed; or

if the Minister agrees in writing to a longer period for the holder—that longer period.

be in the form approved, in writing, by the Minister; and

specify the BBNJ identifier for the activity; and

include information about:

if the notice is given under section 23—the post-collection matters for each of the utilised marine genetic resources collected during the collection activity; and

if the notice is given under section 24—the post-collection matters for any marine genetic resources collected during the activity by, or on behalf of, the holder of the collection notification certificate; and

include any other information prescribed by the rules; and

if the person giving the notice is unable to include any of the information mentioned in paragraphs (b) to (d)—set out the reasons why the person is unable to do so; and

meet any other requirements prescribed by the rules.

where the marine genetic resource is, or will be, held or stored;

where digital sequence information of the marine genetic resource is, or will be, held or stored;

the geographical location where the marine genetic resource was collected, including the latitude, longitude and depth;

the findings made as a result of the collection activity, to the extent that they are publicly available;

any changes to the data management plan for the collection activity that are required as a result of the carrying out of the activity;

any other matter prescribed by the rules.

Subdivision C—Collection notification certificates

set out the information included in the notice in accordance with paragraph 21(1)(b) (about pre-collection matters); and

specify the BBNJ identifier (if known) for the collection activity; and

include any other information the Minister considers relevant.

after the Minister issues a collection notification certificate for the activity; and

before the day the activity starts to be carried out.

be in the form approved, in writing, by the Minister; and

include information about the material change; and

include any other information prescribed by the rules; and

meet any other requirements prescribed by the rules.

Variation of certificate

vary the collection notification certificate to reflect the material change; and

give a copy of the certificate, as varied, to the holder; and

update the Register accordingly.

set out the information included in the notice in accordance with paragraph 25(1)(c) (about post-collection matters); and

specify the BBNJ identifier (if known) for the collection activity; and

include any other information the Minister considers relevant.

vary the certificate to set out the information included in the notice in accordance with paragraph 25(1)(c) (about post-collection matters); and

give a copy of the certificate, as varied, to the holder; and

update the Register accordingly.

give a copy of the certificate, as varied, to the holder; and

update the Register accordingly.

Subdivision D—Offences and civil penalties

a collection activity is being, or has been, carried out; and

the person is a notifying entity for the collection activity; and

(c) the person is not the holder of a collection notification certificate for the collection activity.

Fault-based offence

the person is the holder of a collection notification certificate for a collection activity; and

(b) the person fails to comply with .section 27 (obligation to notify Minister of material changes in pre-collection matters) in relation to the activity

Fault-based offence

the person is subject to section 23 or 24 (requirement to give post-collection notice); and

the person fails to comply with that section.

Fault-based offence

be in the form approved, in writing, by the Minister; and

specify the BBNJ identifier (if known) for the collection activity during which the utilised marine genetic resources were collected; and

include information about the utilisation matters for the utilisation activity; and

include any other information prescribed by the rules; and

if the notifying entity is unable to include any of the information mentioned in paragraphs (b) to (d) in the notice—set out the reasons why the entity is unable to do so; and

meet any other requirements prescribed by the rules.

where the results of the activity that are publicly available may be found;

any notifications relating to the utilised marine genetic resources that were published through the Clearing-House Mechanism after those marine genetic resources were collected;

where the marine genetic resources or digital sequence information that have been, or are being, utilised are held or stored;

the modalities envisaged for access to the marine genetic resources or digital sequence information that have been or are being utilised, and a data management plan;

sales of any commercially produced goods that have been developed using information produced as a result of the activity;

any other matter prescribed by the rules.

include information about the utilisation matters for the utilisation activity; and

specify the BBNJ identifier (if known) for each collection activity during which the utilised marine genetic resources were collected; and

include any other information the Minister considers relevant.

a material change in the utilisation matters for the activity;

new information about the utilisation matters for the activity;

a new publicly available result of the activity.

be in the form approved, in writing, by the Minister; and

if the notice relates to a material change in the utilisation matters—include information about the material change; and

if the notice relates to new information about the utilisation matters—include the new information; and

if the notice relates to a new publicly available result of the activity—include information about where the result may be found; and

include any other information prescribed by the rules; and

meet any other requirements prescribed by the rules.

give a copy of the certificate, as varied, to the holder; and

update the Register accordingly.

Subdivision B—Depositing utilised material or information

within the deposit period; and

in accordance with any requirements prescribed by the rules.

the BBNJ identifier (if known) for each collection activity during which the utilised marine genetic resources were collected; and

the marine genetic resources or digital sequence information utilised during the utilisation activity.

the period of 3 years after the day the utilisation activity starts to be carried out; or

if the Minister agrees in writing to a longer period for the entity—that longer period.

specify the manner and form in which an application for an exemption under subsection (1) must be made; and

provide for the circumstances in which such an exemption may be given; and

provide for the conditions that may apply to such an exemption.

the person is a notifying entity for a utilisation activity; and

the person fails to comply with section 34 (requirement to give utilisation notice) in relation to the activity.

Fault-based offence

the person is the holder of a utilisation notification certificate for a utilisation activity; and

(b) the person fails to comply with .section 37 (obligation to notify Minister of material changes in utilisation matters etc.) in relation to the activity

Fault-based offence

the person is a notifying entity for a utilisation activity; and

the person fails to comply with subsection 39(1) (requirement to deposit utilised material or information etc.) in relation to the activity.

Fault-based offence

a marine genetic resource collected in an area beyond national jurisdiction; or

digital sequence information of a marine genetic resource collected in an area beyond national jurisdiction.

specify the BBNJ identifier (if known) for each collection activity during which a marine genetic resource mentioned in paragraph (1)(a) or (b) (as the case requires) was collected; and

specify the number of times during the period that the marine genetic resource or digital sequence information was accessed (other than access for the purposes of maintaining or operating the database or repository); and

include any other information prescribed by the rules; and

if the owner is unable to include any of the information mentioned in paragraphs (a) to (c) in the report—set out the reasons why the owner is unable to do so; and

meet any other requirements prescribed by the rules.

there is more than one owner of the database or repository; and

another owner of the database or repository has given a report to the Minister in relation to the reporting period.

Meaning of reporting period

the period:

beginning on the commencement of this section; and

ending on the second 30 June that occurs after that commencement;

the period of 24 months beginning on the day after the end of the period mentioned in paragraph (a);

each subsequent 24-month period.

a marine genetic resource collected in an area beyond national jurisdiction;

digital sequence information of a marine genetic resource collected in an area beyond national jurisdiction.

evidence that the marine genetic resource, or the marine genetic resource to which the digital sequence information relates, was collected in an area beyond national jurisdiction;

the number of times that the marine genetic resource or digital sequence information was accessed (other than access for the purposes of maintaining or operating the database or repository);

any other information prescribed by the rules;

if the owner is unable to include any of the information mentioned in paragraphs (a) to (c) in the report—the reasons why the owner is unable to do so.

the person is an owner of a regulated database or regulated repository; and

the person fails to comply with section 44 (reporting requirements) in relation to the database or repository.

Strict liability offence

the person is an owner of a regulated database or regulated repository; and

the person fails to comply with section 45 (record keeping requirements) in relation to the database or repository.

Strict liability offence

(a) the person is an owner of a regulated database or regulated repository; and

the person fails to comply with section 46 (retention of records) in relation to the database or repository.

Strict liability offence

the person is an owner of a regulated database or regulated repository; and

the person is given a notice under section 47 (notice to give records); and

the person fails to comply with a requirement of the notice.

Strict liability offence

declare that the area beyond national jurisdiction covered by the decision is a specially managed area; and

determine a plan to manage the area.

Requirements for specially managed area

if the area covered by the decision extends to a particular depth under the sea—that depth; and

if the area covered by the decision includes any part of the seabed in the area—that part of the seabed; and

if the area covered by the decision includes the subsoil to a particular depth beneath the seabed—the subsoil to that depth beneath the seabed.

Requirements for special management plan

set out the proposed measures to manage the specially managed area, including any monitoring, research or review activity that may be carried out in the area; and

indicate how the plan takes account of Australia’s obligations under the BBNJ Agreement.

Timing of making of instrument

if Australia has not made an objection under Article 23 of the BBNJ Agreement with respect to the decision—within 120 days after the day the decision is made; or

if Australia has made such an objection and Australia later withdraws the objection—within 90 days after the day the objection is withdrawn; or

if Australia has made such an objection and Australia has not renewed the objection—within 120 days after the day the objection is withdrawn because the objection is not renewed.

the person holds a permit issued by the Minister under the special management plan; and

the permit authorises the person to do that act or thing.

issue a permit under the special management plan; and

include conditions in the permit; and

vary the permit by:

including one or more further conditions; or

varying any conditions; or

revoking any conditions; and

suspend the permit; and

cancel the permit.

a decision is made under Article 22 of the BBNJ Agreement to establish an area-based management tool, including a marine protected area, in relation to an area beyond national jurisdiction; and

Australia has made an objection under Article 23 of the BBNJ Agreement with respect to the decision and the objection is not withdrawn; and

the Minister is satisfied that subsection (2) does not apply.

is in force; and

is, to the extent practicable, equivalent in effect to the decision; and

applies to the area covered by the decision.

at a time, this Division does not apply because the Minister is satisfied as mentioned in paragraph (1)(c); but

the Minister later ceases to be so satisfied (for example, because the relevant Australian law is repealed).

specify the area beyond national jurisdiction covered by the decision; and

determine one or more measures to manage the area.

varying or revoking an existing alternative measure for the area specified in the instrument; or

determining a new alternative measure for the area specified in the instrument.

is in force; and

is, to the extent practicable, equivalent in effect to the decision; and

applies in relation to the area beyond national jurisdiction covered by the decision.

the person holds a permit issued by the Minister under the instrument; and

the permit authorises the person to do that act or thing.

issue a permit under the instrument; and

include conditions in the permit; and

vary the permit by:

including one or more further conditions; or

varying any conditions of the permit; or

revoking any conditions of the permit; and

suspend the permit; and

cancel the permit.

the person is an Australian entity; and

the person does an act or omits to do an act in a specially managed area; and

the act or omission contravenes a special management plan for the area.

Fault-based offence

the person is an Australian entity; and

the person does an act or omits to do an act in an area beyond national jurisdiction; and

the act or omission contravenes an alternative measure for the area.

Fault-based offence

Antarctica; or

the Convention area.

subsection (2) or (3) applies; and

the activity is not an exempt activity.

Domestic activities

the activity is a domestic activity; and

the person thinks that the impacts of the activity have resulted, or may result, in:

substantial pollution of the marine environment in an area beyond national jurisdiction; or

significant and harmful changes to the marine environment in an area beyond national jurisdiction.

International activities

the activity is an international activity; and

the person is an Australian entity; and

the person thinks that the impacts of the activity on the marine environment in an area beyond national jurisdiction have been, or may be:

more than minor or transitory; or

unknown or uncertain without further assessment.

Requirements for referrals

be in writing; and

be given in a form approved, in writing, by the Minister; and

(c) include a report (the screening report) setting out:

details of the activity, including its purpose, location, duration and intensity; and

an analysis of the potential impacts of the activity on the marine environment in areas beyond national jurisdiction; and

an analysis of the feasibility of any alternatives to carrying out the activity; and

be accompanied by any other information or documents:

required by the form; or

prescribed by the rules; and

if the rules specify a fee that must accompany the referral—be accompanied by the fee.

make the referral; and

do so within the period specified in the notice.

the person is not carrying out the activity; or

the person is not, or is no longer, proposing to carry out the activity.

the impacts of the activity on areas beyond national jurisdiction have been assessed under an Australian law or an international agreement to which Australia is a party; and

a copy of the assessment has been given to the Minister; and

the Minister is satisfied that the assessment is equivalent to an environmental impact assessment of the activity conducted under Division 3 of this Part.

publish the referral, including the screening report, through the Clearing-House Mechanism; and

publish on the Department’s website:

the referral, including the screening report; and

an invitation to the public to give written comments on the activity to the Minister within the period specified in the invitation.

in response to the invitation; and

within the period specified in the invitation.

substantial pollution of the marine environment in an area beyond national jurisdiction; or

significant and harmful changes to the marine environment in an area beyond national jurisdiction.

the information included in the referral;

any relevant comments received:

in response to the invitation under paragraph 70(1)(b); and

within the period specified in the invitation;

any matters prescribed by the rules;

any other matters the Minister considers relevant.

give the proponent of the activity written notice of the Minister’s decision and the reasons for the decision; and

publish a copy of the notice on the Department’s website.

publish a copy of the notice through the Clearing-House Mechanism; and

publish on the Department’s website:

any comments provided to the Minister by a party to the BBNJ Agreement in response to the decision; and

any comments or recommendations provided to the Minister by the Scientific and Technical Body in response to the decision.

a comment or recommendation has been provided to the Minister in response to the decision by:

a party to the BBNJ Agreement; or

the Scientific and Technical Body; and

the Minister is satisfied, having regard to the comment or recommendation, that it is appropriate to do so.

affirm the decision; or

set the decision aside and substitute a new decision.

Notification of new decision

give the proponent of the activity written notice of the substituted decision and the reasons for the substituted decision; and

publish a copy of the notice on the Department’s website.

When reconsideration decision takes effect

the assessment of the potential impacts of the controlled activity (including any cumulative impacts) and how those impacts will, or may, affect the marine environment in the activity area or any other area, including requiring the use of the following in preparing the assessment:

the best available scientific knowledge;

where available, any traditional knowledge of indigenous persons or local communities that is relevant to the activity area;

the identification of any proposed measures to prevent, mitigate or manage those impacts and, where appropriate, the incorporation of such measures into an environmental management plan;

the analysis of the feasibility of any alternatives to carrying out the controlled activity;

the identification of any strategic environmental assessments conducted in accordance with Article 39 of the BBNJ Agreement that are relevant to the controlled activity;

consultation with relevant stakeholders, including indigenous persons;

any matters prescribed by the rules;

any other matters the Minister considers relevant.

Consultation

give a draft of the guidelines to the proponent of the controlled activity; and

publish the draft on the Department’s website; and

publish the draft through the Clearing-House Mechanism; and

invite the following to give written comments on the draft within the period specified in the invitation:

the proponent of the controlled activity;

the public; and

if the controlled activity is an international activity—invite the following to give written comments on the draft within the period specified in the invitation:

the parties to the BBNJ Agreement;

any other foreign country, if the Minister reasonably believes that the activity will affect the carrying out of another activity by the country or the exercise of the sovereign rights of the country as a coastal State;

the Scientific and Technical Body.

publish the comments on the Department’s website; and

take the comments into account in making the guidelines.

Publication of guidelines

give the guidelines to the proponent of the controlled activity; and

publish the guidelines on the Department’s website; and

publish the guidelines through the Clearing-House Mechanism.

Guidelines not legislative instruments

conduct an environmental impact assessment of the activity in accordance with the guidelines; and

prepare and give a draft report on the assessment to the Minister.

details of the controlled activity, including its location;

how the environmental impact assessment was conducted;

if the environmental impact assessment identified any scientific or other information relating to the controlled activity that is unknown or uncertain—details of that information;

an assessment of the existing marine environment in the activity area and any other area that will be, or may be, affected by the potential impacts of the controlled activity (including any cumulative impacts);

an assessment of the potential impacts of the controlled activity (including any cumulative impacts) and how those impacts will, or may, affect the marine environment in the activity area or any other area;

details of proposed measures to prevent, mitigate or manage those impacts including, where appropriate, a draft environmental management plan;

details of any public consultation undertaken as part of the environmental impact assessment;

any reasonable alternatives to carrying out the controlled activity identified by the proponent, and the feasibility of those alternatives;

a summary of the report that uses plain language;

any other information required by the guidelines;

any other information prescribed by the rules.

Subdivision B—Consultation

publish a copy of the report on the Department’s website; and

publish a copy of the report through the Clearing-House Mechanism; and

invite the public to give written comments on the report within the period specified in the invitation; and

if the controlled activity is an international activity—invite the following to give written comments on the report within the period specified in the invitation:

the parties to the BBNJ Agreement;

any other foreign country, if the Minister reasonably believes that the activity will affect the carrying out of another activity by the country or the exercise of the sovereign rights of the country as a coastal State;

the Scientific and Technical Body.

publish on the Department’s website any relevant comments received:

in response to an invitation under subsection (1); and

within the period specified in the invitation; and

give a copy of the comments to the proponent of the controlled activity; and

if the Minister considers it appropriate to do so:

request the proponent to respond to one or more of the comments; and

publish the proponent’s response on the Department’s website.

the controlled activity is an international activity; and

the activity area is adjacent to the exclusive economic zone of one or more foreign countries.

consult the government of each of the foreign countries on the activity; and

publish on the Department’s website any comments received in response to the consultation; and

give a copy of the comments to the proponent of the activity.

the proponent of the controlled activity must:

give a written statement to the Minister setting out whether, and how, the proponent has addressed or intends to address the comments; and

do so before preparing the final environmental impact assessment report for the activity; and

the Minister must publish the statement on the Department’s website.

if the Minister consults only one country—the period of 20 business days (measured in Canberra) starting on the day the Minister consulted that country;

if the Minister consults more than one country—the period of 20 business days (measured in Canberra) starting on the day the Minister consulted the last of those countries.

Subdivision C—Finalising the environmental impact assessment

make such changes to the draft environmental impact assessment report for the activity as the proponent considers appropriate, having regard to any comments received under section 78 or 79; and

finalise the report; and

give the finalised report to the Minister.

the end of the period specified in an invitation under subsection 78(1) in relation to the draft environmental impact assessment report for the controlled activity;

if section 79 applies—the end of the period specified by subsection 79(4) in relation to the controlled activity.

publish a copy of the report on the Department’s website; and

publish a copy of the report through the Clearing-House Mechanism.

(a) the authorisation is a controlled activity authorisation for the activity; and

the proponent of the activity is authorised to carry out the activity in accordance with the authorisation.

any relevant comments received on the draft environmental impact assessment report for the controlled activity:

in response to an invitation under subsection 78(1); and

within the period specified in the invitation;

any responses given by the proponent of the controlled activity to those comments;

if any comments were received in response to a consultation under section 79:

the comments; and

the written statement given by the proponent of the activity in relation to those comments;

the final environmental impact assessment report for the controlled activity, including:

the proposed measures set out in the report to prevent, mitigate or manage the potential impacts of the activity; and

if the proposed measures include an environmental management plan—the environmental management plan;

any other information prescribed by the rules;

any other information that the Minister considers relevant.

the holder must take the measures specified in the authorisation;

the holder must comply with the requirements specified in the authorisation;

the conditions (if any) imposed by the Minister under subsection (2).

details of the controlled activity;

the holder;

the period for which the authorisation is in force;

the conditions to which the authorisation is subject (see section 83);

measures to prevent, mitigate or manage any adverse impacts of the controlled activity on the marine environment in an area beyond national jurisdiction;

requirements relating to monitoring, and reporting to the Minister on, the impacts of the controlled activity on the marine environment in an area beyond national jurisdiction;

requirements relating to identifying, and reporting to the Minister on, any significant adverse impacts of the controlled activity on the marine environment in an area beyond national jurisdiction;

any other requirements that the Minister considers necessary to prevent, mitigate or manage the impacts of the controlled activity on the marine environment in areas beyond national jurisdiction.

give written notice of the decision to the proponent of the activity; and

publish a copy of the notice on the Department’s website; and

publish a copy of the notice through the Clearing-House Mechanism.

if the decision is to give a controlled activity authorisation—include a copy of the authorisation; and

if the decision is not to give a controlled activity authorisation—set out the reasons for the decision.

the Minister reasonably believes that the circumstances mentioned in subsection (3) exist in relation to the activity;

the Minister receives, from a party to the BBNJ Agreement or the Scientific and Technical Body, information that suggests that the circumstances mentioned in subsection (3) exist in relation to the activity.

the activity has had, or may have, a significant adverse impact on the marine environment in an area beyond national jurisdiction; and

either:

the nature or severity of the significant adverse impact was not foreseen at the time the authorisation was given; or

the significant adverse impact was, or may be, caused by a breach of a condition to which the authorisation is subject.

Notification of decision to review

give written notice of the decision to the holder; and

publish a copy of the notice through the Clearing-House Mechanism.

Subdivision B—Variation of authorisation

any of subsections (3) to (5) apply; and

the Minister is satisfied that the authorisation, as varied, will ensure that the activity is carried out in a manner consistent with the prevention of significant adverse impacts on the marine environment in an area beyond national jurisdiction.

varying a measure or requirement specified in the authorisation; or

specifying a new requirement that the Minister considers necessary to prevent, mitigate or manage the impacts of the controlled activity on the marine environment in areas beyond national jurisdiction; or

varying or revoking a condition imposed on the authorisation under subsection 83(2); or

imposing a new condition on the authorisation that the Minister considers appropriate.

Variation to address significant adverse impact

the Minister reasonably believes that the controlled activity has had, or may have, a significant adverse impact on the marine environment in an area beyond national jurisdiction; and

either:

the nature or severity of the significant adverse impact was not foreseen at the time the authorisation was given; or

the significant adverse impact was caused by a breach of a condition to which the authorisation is subject; and

the Minister reasonably believes that the variation is necessary to protect the marine environment in the area from:

the significant adverse impact; or

any other impacts of the controlled activity.

Variation by agreement

be in writing; and

be given in a form approved, in writing, by the Minister; and

be accompanied by any other information or documents:

required by the form; or

prescribed by the rules; and

if the rules specify a fee that must accompany the application—be accompanied by the fee.

give written notice of the decision to the holder; and

publish a copy of the notice on the Department’s website; and

publish a copy of the notice through the Clearing-House Mechanism.

specify the reasons for the variation; and

specify the day the variation takes effect (which must not be earlier than the day after the notice is given); and

include a copy of the authorisation as varied.

give written notice of the decision to the applicant and the prospective holder; and

publish a copy of the notice on the Department’s website; and

publish a copy of the notice through the Clearing-House Mechanism.

specify the reasons for the decision; and

if the decision is to vary the authorisation:

specify the day the variation takes effect (which must not be earlier than the day after the notice is given); and

include a copy of the authorisation as varied.

Subdivision C—Suspension

the Minister reasonably believes that the controlled activity has had, or may have, a significant adverse impact on the marine environment in an area beyond national jurisdiction; and

either:

the nature or severity of the significant adverse impact was not foreseen at the time the authorisation was given; or

the significant adverse impact was caused by a breach of a condition to which the authorisation is subject; and

the Minister reasonably believes that the suspension is necessary to protect the marine environment in the area from:

the significant adverse impact; or

any other impacts of the controlled activity.

Suspension in prescribed circumstances

(a) give written notice (the suspension notice) of the decision to the holder; and

publish a copy of the suspension notice on the Department’s website; and

publish a copy of the suspension notice through the Clearing-House Mechanism.

the reasons for the suspension; and

the day the suspension takes effect (which must not be earlier than the day after the notice is given); and

either or both of the following:

the actions the holder must take for the suspension to end;

a fixed period for the suspension.

Suspensions subject to specified actions

(a) give written notice (the action taken notice) of that fact to the holder; and

publish a copy of the action taken notice on the Department’s website; and

publish a copy of the action taken notice through the Clearing-House Mechanism.

When a suspension ends

the Minister reasonably believes that the controlled activity has had, or may have, a significant adverse impact on the marine environment in an area beyond national jurisdiction; and

either:

the nature or severity of the significant adverse impact was not foreseen at the time the authorisation was given; or

the significant adverse impact was caused by a breach of a condition to which the authorisation is subject; and

the Minister reasonably believes that the revocation is necessary to protect the marine environment in the area from:

the significant adverse impact; or

any other impacts of the controlled activity.

Revocation in prescribed circumstances

give written notice of the decision to the holder; and

publish a copy of the notice on the Department’s website; and

publish a copy of the notice through the Clearing-House Mechanism.

the reasons for the decision; and

the day the revocation takes effect (which must not be earlier than the day after the notice is given).

Subdivision E—Review by Administrative Review Tribunal

the person carries out a domestic activity; and

the activity has had, or may have, a significant adverse impact on the marine environment in an area beyond national jurisdiction.

Fault-based offence

the activity is an exempt activity; or

the activity is a non-controlled activity; or

the person is the holder of a controlled activity authorisation for the activity.

the person has referred a domestic activity to the Minister under section 66; and

the Minister has not made a decision under subsection 71(1) (decision on whether activity is controlled activity) in relation to the activity; and

the person carries out the activity.

the Minister has given the person a notice under section 68 requesting the person to refer a domestic activity to the Minister; and

the person has not made the referral within the period specified in the notice; and

the request has not been withdrawn; and

the person carries out the activity.

Fault-based offence

the person carries out a domestic activity; and

the activity is a controlled activity; and

the person is not authorised by a controlled activity authorisation to carry out the activity.

Fault-based offence

the person is the holder of a controlled activity authorisation for a domestic activity; and

the authorisation is subject to a condition; and

the person does an act or omits to do an act; and

the act or omission breaches the condition.

Fault-based offence

the person is an Australian entity; and

the person carries out an international activity; and

the activity has had, or may have, a significant adverse impact on the marine environment in an area beyond national jurisdiction.

Fault-based offence

the activity is an exempt activity; or

the activity is a non-controlled activity; or

the person is the holder of a controlled activity authorisation for the activity.

the person is an Australian entity; and

the person has referred an international activity to the Minister under section 66; and

the Minister has not made a decision under subsection 71(1) (decision on whether activity is controlled activity) in relation to the activity; and

the person carries out the activity.

the person is an Australian entity; and

the Minister has given the person a notice under section 68 requesting the person to refer an international activity to the Minister; and

the person has not made the referral within the period specified in the notice; and

the request has not been withdrawn; and

the person carries out the activity.

Fault-based offence

the person is an Australian entity; and

the person carries out an international activity; and

the activity is a controlled activity; and

the person is not authorised by a controlled activity authorisation to carry out the activity.

Fault-based offence

the person is an Australian entity; and

the person is the holder of a controlled activity authorisation for an international activity; and

the authorisation is subject to a condition; and

the person does an act or omits to do an act; and

the act or omission breaches the condition.

Fault-based offence

the publication of the information could reasonably be expected to prejudice the security, defence or international relations of Australia; or

all of the following apply in relation to the information:

publication of the information would cause competitive detriment to a person;

the information is not in the public domain;

the information is not required to be published under an Australian law;

the information is not readily discoverable.

an officer or employee of the Commonwealth, or of an agency or authority of the Commonwealth;

an officer or employee of a State or Territory, or of an agency or authority of a State or Territory.

make a written record of the direction; and

give a copy of the written record to the inspector.

each provision of this Act and the rules;

(b) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to this Act or the rules.

Information subject to monitoring

there are no related provisions; and

an inspector is an authorised applicant; and

an inspector is an authorised person; and

a magistrate is an issuing officer; and

the Secretary is the relevant chief executive; and

each of the following is a relevant court:

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia (Division 2);

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act or the rules.

Person assisting

the provisions mentioned in subsection (1); and

the information mentioned in subsection (2).

whether a provision mentioned in subsection 112(1) has been, or is being, complied with; or

the correctness of information mentioned in subsection 112(2);

the additional powers mentioned in subsections (3) and (4) of this section are taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.

the power to sample any thing on premises entered under Part 2 of the Regulatory Powers Act; and

the power to remove, test and analyse such samples; and

the power to secure premises entered under Part 2 of the Regulatory Powers Act; and

the power to secure things on premises entered under Part 2 of the Regulatory Powers Act for the purpose of sampling, testing or analysing those things; and

the power to secure a container on premises entered under Part 2 of the Regulatory Powers Act that contains a thing if the inspector reasonably believes that it is not reasonably practicable to secure the thing without also securing the container (whether or not the container contains any other thing).

Stopping or detaining a vehicle, vessel or aircraft

the provisions mentioned in subsection 112(1) of this Act; and

information mentioned in subsection 112(2) of this Act;

to enter premises that are a vehicle, vessel or aircraft, the monitoring powers under Part 2 of the Regulatory Powers Act are taken to include a power that the authorised person may stop and detain the vehicle, vessel or aircraft for the purposes of:

entering the vehicle, vessel or aircraft; and

exercising monitoring powers under that Part.

Use of force in executing a monitoring warrant

(a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and

a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.

Communication

an international signal code; or

if the requirement relates to a vessel—any other internationally recognised means of communication with a vessel; or

if the requirement relates to an aircraft—any other internationally recognised means of communication with an aircraft.

Identity cards

a member or special member of the Australian Federal Police; or

a customs officer.

Announcement before entry under a warrant

whether a provision mentioned in subsection 112(1) has been, or is being, complied with; or

the correctness of information mentioned in subsection 112(2);

paragraph 26(b) of the Regulatory Powers Act is taken not to apply to an authorised person if the authorised person reasonably believes that showing the authorised person’s identity card before entering premises under Part 2 of that Act is not practical in the circumstances.

the occupier in relation to the premises;

another person who apparently represents the occupier in relation to the premises;

the Regulatory Powers Act is taken to require the authorised person to show the authorised person’s identity card to the occupier, or other person, as soon as is practicable.

Definitions

a civil penalty provision of this Act;

(b) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to this Act or the rules.

Related provisions, authorised applicant, authorised person, issuing officer, relevant chief executive and relevant court

there are no related provisions; and

(b) an inspector is an authorised applicant; and

an inspector is an authorised person; and

a magistrate is an issuing officer; and

the Secretary is the relevant chief executive; and

each of the following is a relevant court:

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia (Division 2);

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act or the rules.

Person assisting

the power to sample any thing on premises entered under Part 3 of the Regulatory Powers Act; and

the power to remove, test and analyse such samples; and

the power to secure premises entered under Part 3 of the Regulatory Powers Act; and

the power to secure things on premises entered under Part 3 of the Regulatory Powers Act for the purpose of sampling, testing or analysing those things; and

the power to secure a container on premises entered under Part 3 of the Regulatory Powers Act that contains a thing if the authorised person reasonably believes that it is not reasonably practicable to secure the thing without also securing the container (whether or not the container contains any other thing); and

(f) if the authorised person has the power to seize a thing (the seizable thing) under Part 3 of the Regulatory Powers Act—the power to seize a container that contains the seizable thing, and any other thing contained in the container, if the authorised person reasonably believes that it is not reasonably practicable to seize the seizable thing without also seizing the container; and

the power to require a person in command or control, or who appears to be in command or control, of a vehicle, vessel or aircraft to do any of the following:

ensure the vehicle, vessel or aircraft does not remain, or does not come, as the case requires, in Australian jurisdiction;

ensure the vehicle, vessel or aircraft is brought to a specified place at which it is safe and practicable to bring the vehicle, vessel or aircraft;

ensure the vehicle, vessel or aircraft remains at a specified place until an authorised person permits the vehicle, vessel or aircraft to leave;

arrange for goods being carried on the vehicle, vessel or aircraft to be unloaded;

ensure that goods being carried on the vehicle, vessel or aircraft are not unloaded until an authorised person permits their unloading.

Stopping or detaining a vehicle, vessel or aircraft

entering the vehicle, vessel or aircraft; and

exercising investigation powers under that Part.

Use of force in executing an investigation warrant

(a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and

a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.

Communication

an international signal code; or

if the requirement relates to a vessel—any other internationally recognised means of communication with a vessel; or

if the requirement relates to an aircraft—any other internationally recognised means of communication with an aircraft.

Operating electronic equipment etc. that may contain evidential material

operate electronic equipment on premises entered under Part 3 of that Act, as that Part applies to evidential material that relates to a provision mentioned in subsection 114(1) of this Act; and

use a disk, tape or other storage device that:

is on those premises; and

can be used with the equipment or is associated with it;

to find out whether the equipment, disk, tape or other storage device contains such evidential material.

Identity cards

a member or special member of the Australian Federal Police; or

a customs officer.

Subdivision C—Civil penalty provisions

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia (Division 2);

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

Maximum penalty—certain contraventions by a body corporate

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia (Division 2);

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act or the rules.

Enforceable undertaking may be published on the Department’s website

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia (Division 2);

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act or the rules.

an offence against this Act; or

a contravention of a civil penalty provision of this Act.

Notice to produce

how the person is to give the information or produce the document;

the period (which must be at least 14 days after the notice is given) within which the person is to give the information or produce the document;

(c) the effect of subsection (4) of this section and sections 137.1 and 137.2 of the Criminal Code (false or misleading information or documents).

the person is given a notice under subsection (2); and

the person fails to comply with the notice.

Strict liability offence

the information given or document produced; and

the giving of the information or the production of the document; and

any information, document or thing obtained as a direct or indirect consequence of the giving of the information or the production of the document;

are not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against:

section 120 of this Act; or

(e) Criminal Code (false or misleading information or documents) in relation to giving the information or producing the document.section 137.1 or 137.2 of the

a person who carries out an activity in a specially managed area;

a person who carries out an activity in an area beyond national jurisdiction for which one or more alternative measures are determined;

the holder of a controlled activity authorisation.

the kind of records that must be made and retained;

the form in which records must be retained;

the period for which records must be retained.

the person is required to make or retain a record in accordance with rules made for the purposes of subsection (1); and

the person fails to comply with the requirement.

Strict liability offence

an activity purportedly authorised by a controlled activity authorisation;

an activity carried out in a specially managed area that is purportedly consistent with a special management plan for that area;

an activity carried out in an area beyond national jurisdiction that is purportedly consistent with the alternative measures determined for the area.

is authorised by the authorisation, or consistent with the special management plan or the alternative measures (as the case requires); or

complies, has complied or will comply with the conditions of the authorisation (if any), the special management plan or the alternative measures (as the case requires); or

complies, has complied or will comply with any other relevant requirements of this Act or the rules.

reasonably necessary for the effective conduct of the audit; or

incidental to the matter to which the audit relates.

a specified matter; or

matters included in a specified class of matters.

an inspector;

a person appointed as an auditor by the Secretary under subsection (2).

other matters relating to the conduct of an audit; and

the process to be followed after an audit has been completed.

information that must be provided to each relevant person for the audit before the audit, during the audit or after the audit is completed;

requirements for reports to be provided in relation to an audit.

enter premises; or

take samples of any thing on premises; or

inspect any thing on premises.

the person is, or has been, an entrusted person; and

the person has obtained relevant information in the person’s capacity as an entrusted person; and

the information is protected information; and

the person uses or discloses the information.

Exception—required or authorised by law

this Act or the rules; or

any other law of the Commonwealth; or

a law of a State or Territory prescribed by the rules.

the Minister reasonably believes that the disclosure of the information is necessary for:

the enforcement of the criminal law; or

the enforcement of a law imposing a pecuniary penalty; or

the protection of public revenue; and

the functions of that body include that enforcement or protection.

a Commonwealth entity;

a State or Territory government body;

the Australian Federal Police;

the police force or police service of a State or Territory.

a court; or

a tribunal, authority or person that has the power to require the answering of questions or the production of documents;

for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.

implementing any of Australia’s obligations under the BBNJ Agreement; or

contributing to the implementation of any of Australia’s obligations under the BBNJ Agreement; or

giving effect to the objectives set out in Articles 2, 9, 17, 27 and 40 of the BBNJ Agreement; or

a matter that is incidental or ancillary to a matter covered by paragraph (a), (b) or (c); or

a matter that is:

prescribed by the rules; or

incidental or ancillary to a matter prescribed by the rules.

the provision of funding in accordance with Article 52 of the BBNJ Agreement; or

activities to promote the conservation and sustainable use of the marine biological diversity of areas beyond national jurisdiction; or

activities to facilitate cooperation between Australia and the other parties to the BBNJ Agreement in promoting the objectives set out in Articles 2, 9, 17, 27 and 40 of the BBNJ Agreement.

Reimbursement of costs or expenses

the Secretary; or

the CEO; or

the Director of National Parks; or

an SES employee, or acting SES employee, in the Department; or

an APS employee in the Department who holds, or is acting in, an Executive Level 1 or 2, or equivalent, position; or

a member of the staff of NEPA who:

is an SES employee or acting SES employee; or

holds, or is acting in, an Executive Level 1 or 2 position.

the CEO; or

the Director of National Parks; or

an SES employee, or acting SES employee, in the Department; or

a member of the staff of NEPA who is an SES employee or acting SES employee.

required or permitted by this Act to be prescribed by the rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

Fees

the charging and recovery of fees for activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under this Act or the rules; and

the remission, refund or waiver of those fees, or the exemption of persons from payment of those fees.