Section 24C — Environment Protection and Biodiversity Conservation Act 1999: Offences relating to Great Barrier Reef Marine Park

Actions in Great Barrier Reef Marine Park affecting the environment (1) A person commits an offence if: (a) the person takes an action; and (b) the action is taken in the Great Barrier Reef Marine Park; and (c) the action results or will result in a significant impact on the environment. Penalty: Imprisonment for 7 years or 420 penalty units, or both. (2) Strict liability applies to paragraph (1)(b). Note: For strict liability, see section 6.1 of the Criminal Code. Actions in Great Barrier Reef Marine Park likely to affect the environment (3) A person commits an offence if: (a) the person takes an action; and (b) the action is taken in the Great Barrier Reef Marine Park; and (c) the action is likely to have a significant impact on the environment. Penalty: Imprisonment for 7 years or 420 penalty units, or both. (4) Strict liability applies to paragraph (3)(b). Note: For strict liability, see section 6.1 of the Criminal Code. Actions outside Great Barrier Reef Marine Park affecting environment in the Marine Park (5) A person commits an offence if: (a) the person takes an action; and (b) the action is taken outside the Great Barrier Reef Marine Park but in the Australian jurisdiction; and (c) the action results in or will result in a significant impact on the environment in an area; and (d) the area is the Great Barrier Reef Marine Park. Penalty: Imprisonment for 7 years or 420 penalty units, or both. (6) Strict liability applies to paragraphs (5)(b) and (d). Note: For strict liability, see section 6.1 of the Criminal Code. Actions outside Great Barrier Reef Marine Park likely to affect environment in the Marine Park (7) A person commits an offence if: (a) the person takes an action; and (b) the action is taken outside the Great Barrier Reef Marine Park but in the Australian jurisdiction; and (c) the action is likely to have a significant impact on the environment in an area; and (d) the area is the Great Barrier Reef Marine Park. Penalty: Imprisonment for 7 years or 420 penalty units, or both. (8) Strict liability applies to paragraphs (7)(b) and (d). Note: For strict liability, see section 6.1 of the Criminal Code. Defences (9) Subsection (1), (3), (5) or (7) 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: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.