Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 22A

             (1)  A constitutional corporation, or a Commonwealth agency that does not enjoy the immunities of the Commonwealth, is guilty of an offence if:

                     (a)  the corporation or agency takes a nuclear action; and

                     (b)  the nuclear 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.

             (2)  A constitutional corporation, or a Commonwealth agency that does not enjoy the immunities of the Commonwealth, is guilty of an offence if:

                     (a)  the corporation or agency takes a nuclear action; and

                     (b)  the nuclear action is likely to have a significant impact on the environment and the corporation or agency is reckless as to that fact.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (3)  A person is guilty of an offence if:

                     (a)  the person takes a nuclear action; and

                     (b)  the nuclear 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 a Territory; or

                            (iv)  between 2 Territories; and

                     (c)  the nuclear 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.

             (4)  A person is guilty of an offence if:

                     (a)  the person takes a nuclear action; and

                     (b)  the nuclear 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 a Territory; or

                            (iv)  between 2 Territories; and

                     (c)  the nuclear action is likely to have a significant impact on the environment and the person is reckless as to that fact.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (5)  A person is guilty of an offence if:

                     (a)  the person takes a nuclear action; and

                     (b)  the nuclear action is taken in a Territory; and

                     (c)  the nuclear 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.

             (6)  A person is guilty of an offence if:

                     (a)  the person takes a nuclear action; and

                     (b)  the nuclear action is taken in a Territory; and

                     (c)  the nuclear action is likely to have a significant impact on the environment and the person is reckless as to that fact.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (7)  An offence against subsection (1), (2), (3), (4), (5) or (6) is punishable on conviction by imprisonment for a term not more than 7 years, a fine not more than 420 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 be guilty of an offence against section 495.

Note 3:       If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C.

             (8)  Subsections (1), (2), (3), (4), (5) and (6) do 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 this section; or

                     (b)  Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; 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 this subsection. See subsection 13.3(3) of the Criminal Code .