Section 22A — Environment Protection and Biodiversity Conservation Act 1999: Offences relating to nuclear actions

(1) A constitutional corporation, or a Commonwealth agency that does not enjoy the immunities of the Commonwealth, commits an offence if: (a) the corporation or agency takes a nuclear action; and (b) the nuclear action results or will result in a significant impact on the environment. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2) A constitutional corporation, or a Commonwealth agency that does not enjoy the immunities of the Commonwealth, commits an offence if: (a) the corporation or agency takes a nuclear action; and (b) the nuclear action is likely to have a significant impact on the environment and the corporation or agency is reckless as to that fact. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (3) A person commits an offence if: (a) the person takes a nuclear action; and (b) the nuclear action is taken for the purposes of trade or commerce: (i) between Australia and another country; or (ii) between 2 States; or (iii) between a State and a Territory; or (iv) between 2 Territories; and (c) the nuclear action results or will result in a significant impact on the environment. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (4) A person commits an offence if: (a) the person takes a nuclear action; and (b) the nuclear action is taken for the purposes of trade or commerce: (i) between Australia and another country; or (ii) between 2 States; or (iii) between a State and a Territory; or (iv) between 2 Territories; and (c) the nuclear action is likely to have a significant impact on the environment and the person is reckless as to that fact. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (5) A person commits an offence if: (a) the person takes a nuclear action; and (b) the nuclear action is taken in a Territory; and (c) the nuclear action results or will result in a significant impact on the environment. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (6) A person commits an offence if: (a) the person takes a nuclear action; and (b) the nuclear action is taken in a Territory; and (c) the nuclear action is likely to have a significant impact on the environment and the person is reckless as to that fact. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (7) An offence against subsection (1), (2), (3), (4), (5) or (6) is punishable on conviction by imprisonment for a term not more than 7 years, a fine not more than 420 penalty units, or both. Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection. Note 2: An executive officer of a body corporate convicted of an offence against this section may also commit an offence against section 495. Note 3: If a person takes an action on land that contravenes this section, a landholder may commit an offence against section 496C. (8) Subsections (1), (2), (3), (4), (5) and (6) do not apply to an action if: (a) an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or (b) Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or (ba) 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 (c) 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 (d) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process). Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.