Section 23 — Environment Protection and Biodiversity Conservation Act 1999: Requirement for approval of activities involving the marine environment

Actions in Commonwealth marine areas affecting the environment (1) A person must not take in a Commonwealth marine area an action that has, will have or is likely to have a significant impact on the environment. Civil penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units. Actions outside Commonwealth marine areas affecting those areas (2) A person must not take outside a Commonwealth marine area but in the Australian jurisdiction an action that: (a) has or will have a significant impact on the environment in a Commonwealth marine area; or (b) is likely to have a significant impact on the environment in a Commonwealth marine area. Civil penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units. Fishing in State or Territory waters managed by Commonwealth (3) A person must not take in the coastal waters (as defined in the Fisheries Management Act 1991) of a State or the Northern Territory an action: (a) that: (i) is fishing (as defined in the Fisheries Management Act 1991); and (ii) 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) that: (i) has or will have a significant impact on the environment in those coastal waters; or (ii) is likely to have a significant impact on the environment in those coastal waters. Civil penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units. Exceptions to prohibitions (4) Subsection (1), (2) or (3) does 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 the subsection; or (b) Part 4 lets the person take the action without an approval under Part 9 for the purposes of the subsection; 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 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 (d) the person taking the action is the Commonwealth or a Commonwealth agency; or (e) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process). Note: Section 28 regulates actions by the Commonwealth or a Commonwealth agency with a significant impact on the environment. Exception—fishing in Commonwealth waters managed by State (5) Subsection (1) does not apply to an action if the action: (a) is fishing (as defined in the Fisheries Management Act 1991); and (b) 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 (c) is permitted under a law of the State or Territory. Exception—fishing outside Commonwealth marine areas (6) Subsection (2) does not apply to an action that: (a) is fishing (as defined in the Fisheries Management Act 1991); and (b) is permitted under a law of a State or self-governing Territory.