Environment Protection and Biodiversity Conservation Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 480B — Discharge of remediation orders
On application by the Minister, the Federal Court may discharge or vary a remediation order.
Section 480C — Powers conferred are in addition to other powers of the Court
The powers conferred on the Federal Court by this Division are in addition to (and do not limit) any other powers of the Court.
Section 480D — Minister may make remediation determination
(1) If: (a) the Minister considers that an action taken by a person after the commencement of this section contravened a civil penalty provision of Part 3; and (b) the Minister considers it desirable…
Section 480E — Contents of a remediation determination
(1) A remediation determination must specify the following: (a) the person (the specified person) referred to in paragraph 480D(1)(a); (b) the action (the specified action) referred to in that…
Section 480F — Notifying owners and occupiers of land of proposed remediation determination
(1) Before the Minister makes a remediation determination that requires action to be taken on land that is not owned or occupied by the person proposed to be specified in the order, the Minister…
Section 480G — Notifying that remediation determination has been made
As soon as practicable after a remediation determination is made, the Minister must: (a) give the specified person a copy of the determination; and (b) take all practicable steps to advise each…
Section 480H — Duration of remediation determinations
(1) A remediation determination comes into force: (a) if a commencement day is specified in the determination (not being a day before paragraph 480G(a) is complied with)—on that day; or (b)…
Section 480J — Ministerial reconsideration of remediation determinations
(1) Within 20 days after receiving a copy of a remediation determination as required by paragraph 480G(a), the specified person may apply to the Minister for a reconsideration of the determination.…
Section 480K — Applying to Federal Court to have remediation determination set aside
(1) Within 28 days after any of the following: (a) the specified person receives a copy of a remediation determination as required by paragraph 480G(a); or (b) a remediation determination is affirmed…
Section 480L — Federal Court may order compliance with remediation determination
(1) If the Minister considers that the specified person has contravened a remediation determination, the Minister may apply to the Federal Court for an order under subsection (2). (2) If the Federal…
Section 480M — Civil penalty for contravention of remediation determination
(1) The specified person must not contravene a remediation determination. (2) Subsection (1) is a civil penalty provision. Under section 481, the Federal Court may order the specified person to pay a…
Section 480N — Variation or revocation of remediation determination
(1) The Minister may, in writing, vary or revoke a remediation determination. (2) Sections 480F and 480G apply in relation to the variation or revocation of a remediation determination in the same…
Section 481 — Federal Court may order person to pay pecuniary penalty for contravening civil penalty provision
Application for order (1) Within 6 years of a person (the wrongdoer) contravening a civil penalty provision, the Minister may apply on behalf of the Commonwealth to the Federal Court for an order…
Section 482 — What is a civil penalty provision?
A subsection of this Act (or a section of this Act that is not divided into subsections) is a civil penalty provision if: (a) the words “civil penalty” and one or more amounts in penalty units are…
Section 483 — Contravening a civil penalty provision is not an offence
A contravention of a civil penalty provision is not an offence.
Section 484 — Persons involved in contravening civil penalty provision
(1) A person must not: (a) aid, abet, counsel or procure a contravention of a civil penalty provision; or (b) induce (by threats, promises or otherwise) a contravention of a civil penalty provision;…
Section 485 — Recovery of a pecuniary penalty
If the Federal Court orders a person to pay a pecuniary penalty: (a) the penalty is payable to the Commonwealth; and (b) the Commonwealth may enforce the order as if it were a judgment of the Court.
Section 486A — Civil proceedings after criminal proceedings
The Federal Court must not make a pecuniary penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that…
Section 486DA — Acceptance of undertakings relating to contraventions of Part 3 civil penalty provisions
(1) This section applies if the Minister considers that an action taken by a person after the commencement of this section contravened a civil penalty provision of Part 3. (2) The Minister may accept…
Section 486B — Criminal proceedings during civil proceedings
(1) Proceedings for a pecuniary penalty order against a person for a contravention of a civil penalty provision are stayed if: (a) criminal proceedings are started or have already been started…
Section 486DB — Enforcement of undertakings
(1) If the Minister considers that a person who gave an undertaking under section 486DA has breached any of its terms, the Minister may apply to the Federal Court for an order under subsection (2).…
Section 486C — Criminal proceedings after civil proceedings
Criminal proceedings may be started against a person for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether a pecuniary…
Section 486D — Evidence given in proceedings for penalty not admissible in criminal proceedings
Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if: (a) the individual previously gave the…
Section 486E — Application of Division
(1) This Division applies if the Minister believes, on reasonable grounds, that a person is capable of giving information, or producing books, records or documents, that are relevant for the purposes…
Section 486F — Minister may require person to provide information etc.
(1) The Minister may, by written notice, require the person to give to an official specified in the notice, in the manner and within the period specified in the notice: (a) such information as is…
Section 486G — Minister may require person to appear before Minister
(1) The Minister may, by written notice, require the person to appear before an official specified in the notice, at a time and place specified in the notice: (a) to answer any questions put by the…
Section 486H — Persons to whom notices may not be given
A notice under subsection 486F(1) or 486G(1) must not be given to a person if the person is, or has been, a lawyer for: (a) if the notice relates to the investigation or prevention of an offence…
Section 486J — Self-incrimination
(1) An individual is not excused from giving information (including by answering a question), or from giving or producing a book, record or document, under this Division on the ground that the…
Section 487 — Extended standing for judicial review
(1) This section extends (and does not limit) the meaning of the term person aggrieved in the Administrative Decisions (Judicial Review) Act 1977 for the purposes of the application of that Act in…
Section 488 — Applications on behalf of unincorporated organisations
(1) A person acting on behalf of an unincorporated organisation that is a person aggrieved (for the purposes of the Administrative Decisions (Judicial Review) Act 1977) by: (a) a decision made under…
Section 489 — Providing false or misleading information to obtain approval or permit
(1) A person commits an offence if: (a) the person provides information in response to a requirement or request under Part 7, 8, 9, 13 or 13A; and (b) the person is reckless as to whether the…
Section 490 — Providing false or misleading information in response to a condition on an approval or permit
(1) A person commits an offence if: (a) the person is the holder of an environmental authority; and (b) a condition attached to the environmental authority requires the person to provide information;…
Section 491 — Providing false or misleading information to authorised officer etc.
(1) A person commits an offence if the person: (a) provides information or a document to another person (the recipient); and (b) knows the recipient is: (i) an authorised officer; or (ii) the…
Section 493 — Who is an executive officer of a body corporate?
In this Act: executive officer of a body corporate means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.
Section 494 — Civil penalties for executive officers of bodies corporate
(1) If: (a) a body corporate contravenes: (i) a civil penalty provision of Part 3 (requirements for approval); or (ii) section 142 (condition of approval); or (iii) section 390SA (declared commercial…
Section 495 — Criminal liability of executive officers of bodies corporate
(1) If: (a) a body corporate contravenes: (i) section 489 (Providing false or misleading information to obtain approval or permit); or (ii) section 490 (Providing false or misleading information in…
Section 496 — Did an executive officer take reasonable steps to prevent contravention?
(1) For the purposes of sections 494 and 495, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent the contravention, a court is to have…
Section 496A — Who is a landholder?
For the purposes of this Division, a landholder, in relation to an area of land, is a person who is an owner, lessee or occupier of the area of land.
Section 496B — Civil penalties for landholders
(1) If: (a) a person (the actor) takes an action on an area of land that is a contravention of: (i) a provision of Part 3 that is a civil penalty provision; or (ii) section 142; and (b) a landholder…
Section 496C — Criminal liability of landholders
(1) If: (a) a person (the actor) takes an action on an area of land that contravenes: (i) section 15A (Offences relating to declared World Heritage properties); or (ii) section 15C (Offences relating…
Section 496D — Did a landholder take reasonable steps to prevent a contravention?
(1) For the purposes of sections 496B and 496C, in determining whether a landholder failed to take all reasonable steps to prevent the contravention, a court is to have regard to: (a) what action (if…
Section 497 — Infringement notices
(1) The regulations may make provision enabling a person who is alleged to have committed an offence against section 142B or the regulations to pay a penalty to the Commonwealth as an alternative to…
Section 498 — Minister may publicise contraventions of this Act or the regulations
(1) The Minister may publicise, in any way he or she thinks appropriate, a contravention of this Act or the regulations for which a person has been convicted or ordered to pay a pecuniary penalty.…
Section 498A — Immunity of officers and assistants
(1) An authorised officer or ranger is not liable to any proceedings relating to an act done, or omitted to be done, in good faith in the exercise or purported exercise of any power conferred on the…
Section 498B — Conduct of directors, employees and agents
Bodies corporate—conduct (1) Any conduct engaged in on behalf of a body corporate: (a) by a director, employee or agent of the body corporate within the scope of his or her actual or apparent…
Section 499 — Commonwealth powers to remedy environmental damage
(1) This section applies if the Minister suspects that an act or omission constitutes a contravention of this Act or the regulations (whether or not the act or omission is an offence against this Act…
Section 500 — Liability for loss or damage caused by contravention
(1) A person (the wrongdoer) who contravenes this Act or the regulations is liable to pay to another person (the affected party) who suffers loss or damage arising from the contravention an amount…
Section 501 — Other powers not affected
This Division does not affect any other powers or rights under this Act, the regulations or any other law.
Section 502 — Establishment
(1) The Threatened Species Scientific Committee is established. (2) The Minister is to determine in writing the composition of the Committee, including the qualifications of its members. (3) The…
Section 503 — Functions of the Committee
The functions of the Committee are: (a) to advise the Minister in accordance with Division 5 of Part 13 in relation to recovery plans, threat abatement plans and approved conservation advice; and (b)…