Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 development; and
(b) 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.
Civil penalty:
(a) for an individual--5,000 penalty units;
(b) for a body corporate--50,000 penalty units.
(2) A person must not take an action if:
(a) the action involves:
(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.
Civil penalty:
(a) for an individual--5,000 penalty units;
(b) for a body corporate--50,000 penalty units.
(3) A person must not take an action if:
(a) the action involves:
(i) unconventional gas development; or
(ii) large coal mining development; and
(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.
Civil penalty:
(a) for an individual--5,000 penalty units;
(b) for a body corporate--50,000 penalty units.
(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, 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, Commonwealth agency or 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).
(5) A person who wishes to rely on subsection (4) in proceedings for a contravention of a civil penalty provision bears an evidential burden in relation to the matters in that subsection.