Section 27A — Environment Protection and Biodiversity Conservation Act 1999: Offences relating to Commonwealth land

(1) A person commits an offence if: (a) the person takes an action; and (b) the action is taken on Commonwealth land; and (c) the 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. (1A) Strict liability applies to paragraph (1)(b). Note: For strict liability, see section 6.1 of the Criminal Code. (2) A person commits an offence if: (a) the person takes an action; and (b) the action is taken on Commonwealth land; and (c) the action is likely to have a significant impact on the environment. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2A) Strict liability applies to paragraph (2)(b). Note: For strict liability, see section 6.1 of the Criminal Code. (3) A person commits an offence if: (a) the person takes an action; and (b) the action is taken outside Commonwealth land but in the Australian jurisdiction; and (c) the action results or will result in a significant impact on the environment in an area; and (d) the area is Commonwealth land. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (3A) Strict liability applies to paragraphs (3)(b) and (d). Note: For strict liability, see section 6.1 of the Criminal Code. (4) A person commits an offence if: (a) the person takes an action; and (b) the action is taken outside Commonwealth land 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 Commonwealth land. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (4A) Strict liability applies to paragraphs (4)(b) and (d). Note: For strict liability, see section 6.1 of the Criminal Code. (5) An offence against subsection (1), (2), (3) or (4) is punishable on conviction by imprisonment for a term not more than 2 years, a fine not more than 120 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. (6) Subsection (1), (2), (3) or (4) 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 action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process); or (e) the person taking the action is a Commonwealth agency. Note 1: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code. Note 2: This section protects (among other things) the Commonwealth Heritage values of a Commonwealth Heritage place on Commonwealth land, because the heritage values of a place are part of the environment. See the definition of environment in section 528. Note 3: Section 28 regulates actions by the Commonwealth or a Commonwealth agency with a significant impact on the environment.