Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 74AA

Referral made: taking action while decision making process still going on

  (1)   A person commits an offence if:

  (a)   the person takes an action; and

  (b)   either:

  (i)   a proposal to take the action (or a larger action of which the action is a component) has been referred to the Minister by the person under section   68; or

  (ii)   a proposal to take the action (or a larger action of which the action is a component) has been referred to the Minister under section   69 or 71 and the person has been informed of the referral under section   73; and

  (c)   the referral has not been withdrawn under section   170C; and

  (d)   the Minister has not decided under subsection   74A(1) not to accept the referral; and

  (e)   provisions of this Chapter   are not stopped by Division   1A from applying in relation to the referral; and

  (f)   provisions of this Chapter   are not stopped by section   155 from applying because of the referral in relation to the action (or a larger action of which the action is a component); and

  (g)   no decision that the action (or a larger action of which the action is a component) is not a controlled action is in operation under section   75 in relation to the referral; and

  (h)   no decision is in operation under Part   9 in relation to the referral approving, or not approving, the taking of the action (or a larger action of which the action is a component).

Penalty:   500 penalty units.

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

  (2)   Subsection   (1) does not apply to the taking of an action by a person if:

  (a)   the taking of the action is reasonably necessary in order to comply with a requirement or request made under this Part   or Part   8 or 9 in relation to the action (or a larger action of which the action is a component); and

  (b)   before taking the action, the person gave the Minister written notice of the taking of the action; and

  (c)   the notice was given in accordance with any applicable requirements of the regulations.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (1): see subsection   13.3(3) of the Criminal Code .

Referral requested: taking action before requested referral is made

  (3)   A person commits an offence if:

  (a)   the person takes an action; and

  (b)   the Minister, under section   70, has requested the referral by the person of a proposal to take the action (or a larger action of which the action is a component) to the Minister; and

  (c)   the request has not been revoked; and

  (d)   the referral has not been made.

Penalty:   500 penalty units.

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