Environment Protection and Biodiversity Conservation Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Main objects of this Schedule
(1) This Schedule has 3 main objects. (2) The first main object is to provide for the detention (environment detention) in Australia or a Territory of persons who: (a) are reasonably suspected by an…
Section 2 — Definitions
In this Schedule, unless the contrary intention appears: approved officer means: (a) an authorised officer (other than a person who is an authorised officer because of subsection 397(3)); or (b) a…
Section 3 — Objects of Act
(1) The objects of this Act are: (a) to provide for the protection of the environment, especially those aspects of the environment that are matters of national environmental significance; and (b) to…
Section 3A — Principles of ecologically sustainable development
The following principles are principles of ecologically sustainable development: (a) decision-making processes should effectively integrate both long-term and short-term economic, environmental,…
Section 4 — Detention officers subject to directions
(1) A detention officer is, in the exercise of his or her powers, and the performance of his or her duties, under this Schedule, subject to the directions given by the Minister. (2) A direction given…
Section 5 — Application of Act
Extension to external Territories (1) This Act extends to each external Territory. Limited extraterritorial application (2) This Act applies to acts, omissions, matters and things in the Australian…
Section 6 — Extended application of Act to match extended management of fisheries under the Fisheries Management Act 1991
(1) This section applies if: (a) under the Fisheries Management Act 1991, a plan of management in force under that Act applies to particular fishing activities in a particular area of water; and (b)…
Section 7 — Persons who are authorised officers for purposes of the Migration Act 1958 are taken to be approved for this Schedule
(1) A person who: (a) is an authorised officer or a detention officer; and (b) is an authorised Migration Act officer for a provision of the Migration Act 1958 listed in column 2 of an item of the…
Section 8 — Power to detain
(1) An authorised officer may detain a person in Australia or a Territory for the purposes of determining during the period of detention whether or not to charge the person with an offence against an…
Section 9 — Relationship with other Acts
Aboriginal Land Rights (Northern Territory) Act 1976 (1A) Subsection 70(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 does not prevent a person exercising powers or performing…
Section 10 — Detention officer may detain person already detained by authorised officer
(1) For the purposes of facilitating an authorised officer determining whether or not to charge a person with an offence against an environmental law, or an offence against section 6 of the Crimes…
Section 11 — Simplified outline of this Chapter
The following is a simplified outline of this Chapter: This Chapter provides a basis for the Minister to decide whether an action that has, will have or is likely to have a significant impact on…
Section 12 — Requirement for approval of activities with a significant impact on a declared World Heritage property
(1) A person must not take an action that: (a) has or will have a significant impact on the world heritage values of a declared World Heritage property; or (b) is likely to have a significant impact…
Section 13 — End of detention
A detainee must be released from detention: (a) as soon as an authorised officer or detention officer knows or reasonably believes that the detainee is an Australian citizen or an Australian…
Section 14 — Declaring a property to be a declared World Heritage property
Making declarations (1) The Minister may declare a specified property to be a declared World Heritage property by notice in the Gazette if: (a) the property is a property submitted by the…
Section 15 — Searches of detainees
(1) For the purposes set out in subclause (2), a detainee, and the detainee’s clothing and any property under the immediate control of the detainee, may, without warrant, be searched. (2) The…
Section 15A — Offences relating to declared World Heritage properties
(1) A person commits an offence if: (a) the person takes an action; and (b) the action results or will result in a significant impact on the world heritage values of a property; and (c) the property…
Section 15B — Requirement for approval of activities with a significant impact on a National Heritage place
(1) A constitutional corporation, the Commonwealth or a Commonwealth agency must not take an action that has, will have or is likely to have a significant impact on the National Heritage values of a…
Section 15C — Offences relating to National Heritage places
(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; and (b) the…
Section 16 — Power to conduct a screening procedure
(1) A screening procedure in relation to a detainee, other than a detainee to whom clause 23 applies, may be conducted by an approved officer, without warrant, to find out whether there is hidden on…
Section 17 — Power to conduct a strip search
(1) A strip search of a detainee, other than a detainee to whom clause 23 applies, may be conducted by an approved officer, without warrant, to find out whether there is hidden on the detainee, in…
Section 17A — Making and revoking declarations of wetlands
Declaring threatened wetlands of international importance (1) The Minister may declare a specified wetland to be a declared Ramsar wetland by notice in the Gazette if the Minister is satisfied that:…
Section 17B — Offences relating to declared Ramsar wetlands
(1) A person commits an offence if: (a) the person takes an action; and (b) the action results or will result in a significant impact on the ecological character of a wetland; and (c) the wetland is…
Section 18 — Rules for conducting a strip search
(1) A strip search of a detainee under clause 17: (a) must not subject the detainee to greater indignity than is reasonably necessary to conduct the strip search; and (b) must be conducted in a…
Section 18A — Offences relating to threatened species etc.
(1) A person commits an offence if: (a) the person takes an action; and (b) the action results or will result in a significant impact on: (i) a species; or (ii) an ecological community; and (c) the…
Section 19 — Possession and retention of certain things obtained during a screening procedure or strip search
(1) An approved officer may take possession of and retain a thing found in the course of conducting a screening procedure under clause 16 or conducting a strip search under clause 17 if the thing:…
Section 20 — Requirement for approval of activities with a significant impact on a listed migratory species
(1) A person must not take an action that: (a) has or will have a significant impact on a listed migratory species; or (b) is likely to have a significant impact on a listed migratory species. Civil…
Section 20A — Offences relating to listed migratory species
(1) A person commits an offence if: (a) the person takes an action; and (b) the action results or will result in a significant impact on a species; and (c) the species is a listed migratory species.…
Section 20B — Certain actions relating to listed migratory species not prohibited
A subsection of section 20 or 20A does not apply to an action, to the extent that it is covered by subsection 517A(7).
Section 21 — Requirement for approval of nuclear actions
(1) A constitutional corporation, the Commonwealth or Commonwealth agency must not take a nuclear action that has, will have or is likely to have a significant impact on the environment. Civil…
Section 22 — Powers concerning entry to premises where detainee is detained
(1) An authorised officer or detention officer may request that a person about to enter premises where a detainee is in detention do one or more of the following: (a) walk through screening…
Section 22A — 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)…
Section 23 — 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…
Section 24 — What is a Commonwealth marine area?
Each of the following is a Commonwealth marine area: (a) any waters of the sea inside the seaward boundary of the exclusive economic zone, except: (i) waters, rights in respect of which have been…
Section 24A — Offences relating to marine areas
Actions in Commonwealth marine areas affecting the environment (1) A person commits an offence if: (a) the person takes an action; and (b) the action is taken in a Commonwealth marine area; and (c)…
Section 24B — Requirement for approval of activities in the Great Barrier Reef Marine Park
Actions in Great Barrier Reef Marine Park affecting the environment (1) A person must not take in the Great Barrier Reef Marine Park an action that has, will have or is likely to have, a significant…
Section 24C — 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…
Section 24D — Requirement for approval of developments with a significant impact on water resources
(1) A constitutional corporation, the Commonwealth or a Commonwealth agency must not take an action if: (a) the action involves: (i) unconventional gas development; or (ii) large coal mining…
Section 24E — 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)…
Section 25 — Requirement for approval of prescribed actions
(1) A person must not take an action that is prescribed by the regulations for the purposes of this subsection. Civil penalty: (a) for an individual—5,000 penalty units; (b) for a body…
Section 25A — Actions that are taken to be covered by this Division
(1) The regulations may provide that a specified action is taken to be an action to which a specified regulatory provision applies. Note: For specification by class, see subsection 13(3) of the…
Section 25AA — Limitation on liability for actions of third parties
(1) A provision mentioned in subsection (2) or (3) does not apply to an action (the primary action) if: (a) a person (the primary person) takes the action; and (b) as a consequence of the primary…
Section 25B — Evidentiary certificates
Contravention (1) The Minister may issue a written certificate: (a) stating that a specified person has contravened, or is contravening, a specified civil penalty provision set out in this Division;…
Section 25C — Certificate to be given to person
As soon as practicable after issuing a certificate under subsection 25B(1) or (4), the Minister must give a copy of the certificate to the person concerned.
Section 25D — Evidentiary effect of certificate
(1) In any proceedings under section 475, 480A, 480K or 481, a certificate under subsection 25B(1) is prima facie evidence of the matters in the certificate. (2) In any proceedings under section 475,…
Section 25E — Variation of certificate
(1) The Minister may vary a certificate under subsection 25B(1) or (4) so long as the variation is of a minor nature. (2) If a certificate is varied, the Minister must give the person concerned a…
Section 25F — Revocation of certificate
(1) The Minister may revoke a certificate under subsection 25B(1) or (4). (2) If a certificate is revoked, the Minister must give the person concerned a written notice stating that the certificate…
Section 26 — Meaning of personal identifier
(1) In this Part: personal identifier means any of the following (including any of the following in digital form): (a) fingerprints or handprints of a person (including those taken using paper and…
Section 27 — Limiting the types of identification tests that approved officers may carry out
(1) The Secretary may, in an instrument authorising an authorised officer or detention officer as an approved officer for the purposes of carrying out identification tests under this Part, specify…
Section 27A — 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…