Section 24E — Environment Protection and Biodiversity Conservation Act 1999: Offences relating to water resources

(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 an action involving: (i) unconventional gas development; or (ii) large coal mining development; and (b) the action: (i) results or will result in a significant impact on a water resource; or (ii) is likely to have a significant impact on a water resource. Penalty: Imprisonment for 7 years or 420 penalty units, or both. Note 1: An executive officer of a body corporate convicted of an offence against this subsection may also commit an offence against section 495. Note 2: If a person takes an action on land that contravenes this subsection, a landholder may commit an offence against section 496C. (2) A person commits an offence if: (a) the person takes an action involving: (i) unconventional gas development; or (ii) large coal mining development; and (b) the 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 Territory; or (iv) between 2 Territories; and (c) the action: (i) has or will have a significant impact on a water resource; or (ii) is likely to have a significant impact on a water resource. Penalty: Imprisonment for 7 years or 420 penalty units, or both. Note 1: An executive officer of a body corporate convicted of an offence against this subsection may also commit an offence against section 495. Note 2: If a person takes an action on land that contravenes this subsection, a landholder may commit an offence against section 496C. (3) A person commits an offence if: (a) the person takes an action involving: (i) unconventional gas development; or (ii) large coal mining development; and (b) the action is taken in: (i) a Commonwealth area; or (ii) a Territory; and (c) the action: (i) has or will have a significant impact on a water resource; or (ii) is likely to have a significant impact on a water resource. Penalty: Imprisonment for 7 years or 420 penalty units, or both. Note 1: An executive officer of a body corporate convicted of an offence against this subsection may also commit an offence against section 495. Note 2: If a person takes an action on land that contravenes this subsection, a landholder may commit an offence against section 496C. (4) Subsections (1) to (3) do not apply to an action if: (a) 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 (b) 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 (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 subsection (4). See subsection 13.3(3) of the Criminal Code.