Commonwealth: Environment Protection and Biodiversity Conservation Act 1999 (Cth)

Environment Protection and Biodiversity Conservation Act 1999 No. 91, 1999 Compilation No. 63 Compilation date: 14 October 2024 Includes amendments: Act No. 39, 2024 This compilation is in 2 volumes Volume 1: sections 1–266 Volume 2: sections 266B–528 Schedule Endnotes Each volume has its own contents About this compilation This compilation This is a compilation of the Environment Protection and Biodiversity Conservation Act 1999 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Chapter 1—Preliminary Part 1—Preliminary 1 Short title 2 Commencement 3 Objects of Act 3A Principles of ecologically sustainable development 4 Act to bind Crown 5 Application of Act 6 Extended application of Act to match extended management of fisheries under the Fisheries Management Act 1991 7 Application of the Criminal Code 8 Native title rights not affected 9 Relationship with other Acts 10 Relationship with State law Chapter 2—Protecting the environment Part 2—Simplified outline of this Chapter 11 Simplified outline of this Chapter Part 3—Requirements for environmental approvals Division 1—Requirements relating to matters of national environmental significance Subdivision A—World Heritage 12 Requirement for approval of activities with a significant impact on a declared World Heritage property 13 What is a declared World Heritage property? 14 Declaring a property to be a declared World Heritage property 15 Amending or revoking a declaration of a declared World Heritage property 15A Offences relating to declared World Heritage properties Subdivision AA—National Heritage 15B Requirement for approval of activities with a significant impact on a National Heritage place 15C Offences relating to National Heritage places Subdivision B—Wetlands of international importance 16 Requirement for approval of activities with a significant impact on a declared Ramsar wetland 17 What is a declared Ramsar wetland? 17A Making and revoking declarations of wetlands 17B Offences relating to declared Ramsar wetlands Subdivision C—Listed threatened species and communities 18 Actions with significant impact on listed threatened species or endangered community prohibited without approval 18A Offences relating to threatened species etc. 19 Certain actions relating to listed threatened species and listed threatened ecological communities not prohibited Subdivision D—Listed migratory species 20 Requirement for approval of activities with a significant impact on a listed migratory species 20A Offences relating to listed migratory species 20B Certain actions relating to listed migratory species not prohibited Subdivision E—Protection of the environment from nuclear actions 21 Requirement for approval of nuclear actions 22 What is a nuclear action? 22A Offences relating to nuclear actions Subdivision F—Marine environment 23 Requirement for approval of activities involving the marine environment 24 What is a Commonwealth marine area? 24A Offences relating to marine areas Subdivision FA—Great Barrier Reef Marine Park 24B Requirement for approval of activities in the Great Barrier Reef Marine Park 24C Offences relating to Great Barrier Reef Marine Park Subdivision FB—Protection of water resources from unconventional gas development and large coal mining development 24D Requirement for approval of developments with a significant impact on water resources 24E Offences relating to water resources Subdivision G—Additional matters of national environmental significance 25 Requirement for approval of prescribed actions Subdivision H—Actions that are taken to be covered by this Division 25A Actions that are taken to be covered by this Division Subdivision HA—Limitation on liability for actions of third parties 25AA Limitation on liability for actions of third parties Subdivision I—Evidentiary certificates 25B Evidentiary certificates 25C Certificate to be given to person 25D Evidentiary effect of certificate 25E Variation of certificate 25F Revocation of certificate Division 2—Protection of the environment from proposals involving the Commonwealth Subdivision A—Protection of environment from actions involving Commonwealth land 26 Requirement for approval of activities involving Commonwealth land 27 What is Commonwealth land? 27A Offences relating to Commonwealth land Subdivision AA—Protection of Commonwealth Heritage places outside the Australian jurisdiction 27B Requirement for approval of actions with significant impact on Commonwealth Heritage places overseas 27C Offences relating to Commonwealth Heritage places overseas Subdivision B—Protection of the environment from Commonwealth actions 28 Requirement for approval of activities of Commonwealth agencies significantly affecting the environment Subdivision C—Actions that are taken to be covered by this Division 28AA Actions that are taken to be covered by this Division Subdivision D—Limitation on liability for actions of third parties 28AB Limitation on liability for actions of third parties Part 4—Cases in which environmental approvals are not needed Division 1—Actions covered by bilateral agreements 29 Actions declared by agreement not to need approval 30 Extended operation in State and Northern Territory waters 31 Extended operation in non‑self‑governing Territories Division 2—Actions covered by Ministerial declarations and accredited management arrangements or accredited authorisation processes Subdivision A—Effect of declarations 32 Actions declared by Minister not to need approval Subdivision B—Making declarations 33 Making declaration that actions do not need approval under Part 9 34 What is matter protected by a provision of Part 3? Subdivision C—Prerequisites for making declarations 34A Minister may only make declaration if prescribed criteria are met 34B Declarations relating to declared World Heritage properties 34BA Declarations relating to National Heritage places 34C Declarations relating to declared Ramsar wetlands 34D Declarations relating to listed threatened species and ecological communities 34E Declarations relating to migratory species 34F Declarations relating to Commonwealth Heritage places Subdivision D—Other rules about declarations 35 Revoking declarations 36 Other rules about declarations 36A Minor amendments of accredited management arrangement or accredited authorisation process Division 3—Actions covered by Ministerial declarations and bioregional plans Subdivision A—Effect of declarations 37 Actions declared by Minister not to need approval Subdivision B—Making declarations 37A Making declarations that actions do not need approval under Part 9 Subdivision C—Prerequisites for making declarations 37B General considerations 37C Minister may make declaration only if prescribed criteria are met 37D Declarations relating to declared World Heritage properties 37E Declarations relating to National Heritage places 37F Declarations relating to declared Ramsar wetlands 37G Declarations relating to listed threatened species and ecological communities 37H Declarations relating to listed migratory species 37J No declarations relating to nuclear actions Subdivision D—Other rules about declarations 37K Revoking declarations 37L Other rules about declarations Division 3A—Actions covered by conservation agreements 37M Actions declared by conservation agreement not to need approval Division 4—Forestry operations in certain regions Subdivision A—Regions covered by regional forest agreements 38 Part 3 not to apply to certain RFA forestry operations Subdivision B—Regions subject to a process of negotiating a regional forest agreement 39 Object of this Subdivision 40 Forestry operations in regions not yet covered by regional forest agreements 41 What is an RFA region? Subdivision C—Limits on application 42 This Division does not apply to some forestry operations Division 5—Actions in the Great Barrier Reef Marine Park 43 Actions taken in accordance with zoning plan Division 6—Actions with prior authorisation 43A Actions with prior authorisation 43B Actions which are lawful continuations of use of land etc. Chapter 3—Bilateral agreements Part 5—Bilateral agreements Division 1—Object of Part 44 Object of this Part Division 2—Making bilateral agreements Subdivision A—Power to make bilateral agreements 45 Minister may make agreement 46 Agreement may declare actions do not need approval under Part 9 47 Agreement may declare classes of actions do not need assessment 48 Other provisions of bilateral agreements 48A Mandatory provisions 49 Certain limits on scope of bilateral agreements Subdivision B—Prerequisites for making bilateral agreements 49A Consultation on draft agreement 50 Minister may only enter into agreement if prescribed criteria are met 51 Agreements relating to declared World Heritage properties 51A Agreements relating to National Heritage places 52 Agreements relating to declared Ramsar wetlands 53 Agreements relating to listed threatened species and ecological communities 54 Agreements relating to migratory species 55 Agreements relating to nuclear actions 56 Agreements relating to prescribed actions Subdivision C—Minor amendments of bilateral agreements 56A Ministerial determination of minor amendments to bilateral agreements Division 3—Suspending and ending the effect of bilateral agreements Subdivision A—Suspension and cancellation of effect 57 Representations about suspension or cancellation 58 Consultation before cancellation or suspension 59 Suspension or cancellation 60 Emergency suspension of effect of bilateral agreement 61 Cancellation during suspension 62 Revocation of notice of suspension or cancellation 63 Cancellation or suspension at request of other party 64 Cancellation or suspension of bilateral agreement does not affect certain actions Subdivision B—Expiry of bilateral agreements 65 Expiry and review of bilateral agreements 65A Expiry of bilateral agreement does not affect certain actions Chapter 4—Environmental assessments and approvals Part 6—Simplified outline of this Chapter 66 Simplified outline of this Chapter Part 7—Deciding whether approval of actions is needed Division 1—Referral of proposals to take action 67 What is a controlled action? 67A Prohibition on taking controlled action without approval 68 Referral by person proposing to take action 68A Actions proposed to be taken under a contract etc. 69 State or Territory may refer proposal to Minister 70 Minister may request referral of proposal 71 Commonwealth agency may refer proposal to Minister 72 Form and content of referrals 73 Informing person proposing to take action of referral 73A Informing Great Barrier Reef Marine Park Authority of proposal affecting Great Barrier Reef Marine Park 74 Inviting provision of information on referred proposal 74A Minister may request referral of a larger action 74AA Offence of taking action before decision made in relation to referral etc. Division 1A—Decision that action is clearly unacceptable 74B Application of this Division 74C Informing person proposing to take action that action is clearly unacceptable 74D Procedure if Minister is requested to reconsider referral Division 2—Ministerial decision whether action needs approval 75 Does the proposed action need approval? 76 Minister may request more information for making decisions 77 Notice and reasons for decision 77A Action to be taken in a particular manner Division 3—Reconsideration of decisions 78 Reconsideration of decision 78A Request for reconsideration of decision by person other than State or Territory Minister 78B Minister must inform interested persons of request and invite comments 78C Minister must reconsider decision and give notice of outcome 79 Reconsideration of decision on request by a State or Territory Part 8—Assessing impacts of controlled actions Division 1—Simplified outline of this Part 80 Simplified outline of this Part Division 2—Application of this Part 81 Application 82 What are the relevant impacts of an action? 83 This Part does not apply if action covered by bilateral agreement 84 This Part does not apply if action covered by declaration Division 3—Decision on assessment approach Subdivision A—Simplified outline of this Division 85 Simplified outline of this Division Subdivision B—Deciding on approach for assessment 87 Minister must decide on approach for assessment 88 Timing of decision on assessment approach 89 Minister may request more information for making decision 90 Directing an inquiry after starting an assessment 91 Notice of decision on assessment approach Division 3A—Assessment on referral information 92 Application of this Division 93 Recommendation report Division 4—Assessment on preliminary documentation 94 Application of this Division 95 Direction to publish referral information and invitation to comment—no further information required 95A Direction to publish referral information and invitation to comment—further information required 95B Procedure after end of period for comment 95C Recommendation report Division 5—Public environment reports 96 Application 96A Minister must give designated proponent written guidelines for preparation of draft public environment report 96B Standard guidelines 97 Tailored guidelines 98 Designated proponent must invite comment on draft public environment report 99 Finalising public environment report 100 Recommendation report Division 6—Environmental impact statements 101 Application 101A Minister must give designated proponent written guidelines for preparation of draft environmental impact statement 101B Standard guidelines 102 Tailored guidelines 103 Designated proponent must invite comment on draft environmental impact statement 104 Finalising environmental impact statement 105 Recommendation report Division 7—Inquiries Subdivision A—Preliminary 106 Simplified outline Subdivision B—Establishment of inquiries 107 Appointing commissioners and setting terms of reference 108 Publicising inquiry Subdivision C—Conduct of inquiries 109 Procedure of inquiries 110 Inquiry to be public 111 Calling witnesses 112 Dealing with witnesses 113 Dealing with documents given to commission 114 Inspections of land, buildings and places 115 Entering premises by consent 116 Entering premises under warrant 117 Warrants by telephone or other electronic means 118 Identity cards 119 Contempt 120 Protection of commissioners and witnesses Subdivision D—Inquiry reports 121 Timing of report 122 Publication of report Subdivision E—Commissioners' terms and conditions 123 Basis of appointment 124 Remuneration 125 Leave of absence 126 Resignation 127 Termination of appointment 128 Disclosure of interests 129 Other terms and conditions Part 9—Approval of actions Division 1—Decisions on approval and conditions Subdivision A—General 130 Timing of decision on approval 131 Inviting comments from other Ministers before decision 131AA Inviting comments before decision from person proposing to take action and designated proponent 131AB Minister must obtain advice from Independent Expert Scientific Committee on Unconventional Gas Development and Large Coal Mining Development 131A Inviting public comment before decision 132 Requesting further information for approval decision 132A Requesting notice from appropriate State or Territory Minister about certain actions 132B Election to have an action management plan approved after approval of the taking of an action granted 133 Grant of approval 134 Conditions of approval 134A Inviting public comment before approving action management plan 135 Certain approvals and conditions must not give preference 135A Publication of recommendation reports Subdivision B—Considerations for approvals and conditions 136 General considerations 137 Requirements for decisions about World Heritage 137A Requirements for decisions about National Heritage places 138 Requirements for decisions about Ramsar wetlands 139 Requirements for decisions about threatened species and endangered communities 140 Requirements for decisions about migratory species 140A No approval for certain nuclear installations Division 2—Requirement to comply with conditions 142 Compliance with conditions on approval 142A Offence of breaching conditions on approval 142B Strict liability offence for breach of approval condition Division 3—Variation of conditions and suspension and revocation of approvals 143 Variation of conditions attached to approval 143A Variation of action management plan 144 Suspension of approval 145 Revocation of approval 145A Reinstating suspended or revoked approval Division 4—Transfer of approvals 145B Transfer with Minister's consent Division 5—Extension of period of effect of approval 145C Application to Minister to extend period of effect of approval 145D Minister must decide whether or not to extend approval period 145E Minister may request further information for making decision Part 10—Strategic assessments Division 1—Strategic assessments generally Subdivision A—Assessment of actions to be taken in accordance with policy, plan or program 146 Minister may agree on strategic assessment Subdivision B—Approval of taking of actions in accordance with endorsed policy, plan or program 146A Definition 146B Minister may approve taking of actions in accordance with endorsed policy, plan or program 146C Inviting comments from other Ministers before deciding whether or not to approve taking of actions in accordance with endorsed policy, plan or program 146D Effect of approval of taking of actions in accordance with endorsed policy, plan or program Subdivision C—Considerations for approving taking of actions in accordance with endorsed policy, plan or program 146E Minister must comply with this Subdivision 146F General considerations 146G Approvals relating to declared World Heritage properties 146H Approvals relating to National Heritage places 146J Approvals relating to declared Ramsar wetlands 146K Approvals relating to listed threatened species and ecological communities 146L Approvals relating to listed migratory species 146M No approvals relating to nuclear actions Division 2—Assessment of Commonwealth‑managed fisheries 147 Simplified outline of this Division 148 Assessment before management plan is determined 149 Assessment before determination that no plan required 150 Assessment of all fisheries without plans must be started within 5 years 151 Assessment of all Torres Strait fisheries to be started within 5 years 152 Further assessment if impacts greater than previously assessed 153 Minister must make declaration if he or she endorses plan or policy 154 This Division does not limit Division 1 Part 11—Miscellaneous rules about assessments and approvals Division 1—Rules about timing 155 This Chapter ceases to apply to lapsed proposals 156 General rules about time limits Division 1A—Variation of proposals to take actions 156A Request to vary proposal to take an action 156B Minister must decide whether or not to accept a varied proposal 156C Minister may request further information in relation to a varied proposal 156D Effect of Minister's decision to accept or not accept a varied proposal 156E Notice of decision Division 1B—Change of person proposing to take action 156F Change of person proposing to take action Division 2—Actions in area offshore from a State or the Northern Territory 157 Actions treated as though they were in a State or the Northern Territory Division 3—Exemptions 158 Exemptions from Part 3 and this Chapter Division 3A—Approval process decisions not affected by listing events that happen after section 75 decision made 158A Approval process decisions not affected by listing events that happen after section 75 decision made Division 4—Application of Chapter to actions that are not controlled actions Subdivision A—Minister's advice on authorising actions 159 Simplified outline of this Subdivision 160 Requirement to take account of Minister's advice 161 Seeking the Minister's advice 161A Minister may decide that advice is not required 161B Certain provisions of other Acts not to apply if Minister decides that advice is not required 162 Assessment of the action 163 Providing advice 164 Reporting on response to advice Subdivision C—Assessment under agreement with State or Territory 166 This Subdivision applies if Ministers agree it should 167 Making an agreement 168 Content of an agreement 169 Application of a Division of Part 8 170 Application of Subdivision A of Division 1 of Part 10 Division 5—Publication of information relating to assessments 170A Publication of information relating to assessments 170B Information critical to protecting matters of national environmental significance not to be disclosed 170BA Designated proponent may request Minister to permit commercial‑in‑confidence information not to be disclosed Division 6—Withdrawal of referrals 170C Withdrawal of referral of proposal to take an action Division 7—Miscellaneous 170CA Fees Chapter 5—Conservation of biodiversity and heritage Part 11A—Interpretation 170D References to business days are references to Canberra business days Part 12—Identifying and monitoring biodiversity and making bioregional plans Division 1—Identifying and monitoring biodiversity 171 Identifying and monitoring biodiversity 172 Inventories of listed threatened species etc. on Commonwealth land 173 Surveys of cetaceans, listed threatened species etc. in Commonwealth marine areas 174 Inventories and surveys to be updated Division 2—Bioregional plans 176 Bioregional plans 177 Obligations under this Act unaffected by lack of bioregional plans Part 13—Species and communities Division 1—Listed threatened species and ecological communities Subdivision A—Listing 178 Listing of threatened species 179 Categories of threatened species 180 Native species of marine fish 181 Listing of threatened ecological communities 182 Critically endangered, endangered and vulnerable communities 183 Listing of key threatening processes 184 Minister may amend lists 186 Amending list of threatened native species 187 Amending list of ecological communities 188 Amending list of key threatening processes 189 Minister must consider advice from Scientific Committee 189A Certain information may be kept confidential 189B Disclosure of Scientific Committee's assessments and advice 190 Scientific Committee may provide advice about species or communities becoming threatened 192 Rediscovery of threatened species that were extinct 193 Species posing a serious threat to human health 194 Lists must be publicly available Subdivision AA—The nomination and listing process 194A Simplified outline 194B Definitions 194C Meaning of assessment period 194D Minister may determine conservation themes for an assessment period 194E Minister to invite nominations for each assessment period 194F Minister to give nominations to Scientific Committee 194G Scientific Committee to prepare proposed priority assessment list 194H Matters to be included in proposed priority assessment list 194J Statement to be given to Minister with proposed priority assessment list 194K The finalised priority assessment list 194L Publication of finalised priority assessment list 194M Scientific Committee to invite comments on items in finalised priority assessment list 194N Scientific Committee to assess items on finalised priority assessment list and give assessments to Minister 194P Time by which assessments to be provided to Minister 194Q Decision about inclusion of an item in the Subdivision A List 194R Scientific Committee may obtain advice 194S Co‑ordination with Australian Heritage Council—Committee undertaking assessment 194T Co‑ordination with Australian Heritage Council—Committee given assessment to Minister Subdivision B—Permit system 195 Subdivision does not apply to cetaceans 196 Killing or injuring member of listed threatened species or community 196A Strict liability for killing or injuring member of listed threatened species or community 196B Taking etc. member of listed threatened species or community 196C Strict liability for taking etc. member of listed threatened species or community 196D Trading etc. member of listed threatened species or community taken in Commonwealth area 196E Strict liability for trading etc. member of listed threatened species or community taken in Commonwealth area 196F Aggravated offence—member of listed threatened species that is a dugong or turtle 197 Certain actions are not offences 198 Operation of sections 18 and 18A not affected 199 Failing to notify taking of listed threatened species or listed ecological community 200 Application for permits 201 Minister may issue permits 202 Conditions of permits 203 Contravening conditions of a permit 204 Authorities under permits 205 Transfer of permits 206 Suspension or cancellation of permits 206A Review of decisions about permits 207 Fees Subdivision BA—Protecting critical habitat 207A Register of critical habitat 207B Offence of knowingly damaging critical habitat 207C Sale or lease of Commonwealth land containing critical habitat Subdivision C—Miscellaneous 208A Minister may accredit plans, regimes or policies 208 Regulations Division 2—Migratory species Subdivision A—Listing 209 Listed migratory species Subdivision B—Permit system 210 Subdivision does not apply to members of listed threatened species or cetaceans 211 Killing or injuring member of listed migratory species 211A Strict liability for killing or injuring member of listed migratory species 211B Taking etc. member of listed migratory species 211C Strict liability for taking etc. member of listed migratory species 211D Trading etc. member of listed migratory species taken in Commonwealth area 211E Strict liability for trading etc. member of listed migratory species taken in Commonwealth area 211F Aggravated offence—member of listed migratory species that is a dugong or turtle 212 Certain actions are not offences 213 Operation of sections 20 and 20A not affected 214 Failing to notify taking etc. of listed migratory species 215 Application for permits 216 Minister may issue permits 217 Conditions of permits 218 Contravening conditions of a permit 219 Authorities under permits 220 Transfer of permits 221 Suspension or cancellation of permits 221A Review of decisions about permits 222 Fees Subdivision C—Miscellaneous 222A Minister may accredit plans, regimes or policies 223 Regulations Division 3—Whales and other cetaceans Subdivision A—Application of Division 224 Application of Division Subdivision B—Australian Whale Sanctuary and important cetacean habitat areas 225 Australian Whale Sanctuary 226 Prescribed waters 227 Coastal waters 228 Minister may make declaration for coastal waters 228A Important cetacean habitat areas Subdivision C—Offences 229 Killing or injuring a cetacean 229A Strict liability for killing or injuring a cetacean 229B Intentionally taking etc. a cetacean 229C Strict liability for taking etc. a cetacean 229D Treating cetaceans 230 Possession of cetaceans 231 Certain actions are not offences 232 Action to be taken on killing etc. cetaceans Subdivision E—Miscellaneous offences 236 Offences relating to foreign whaling vessels Subdivision F—Permit system 237 Application for permits 238 Minister may issue permits 239 Conditions of permits 240 Contravening conditions of a permit 241 Authorities under permits 242 Transfer of permits 243 Suspension or cancellation of permits 243A Review of decisions about permits 244 Fees Subdivision G—Miscellaneous 245 Minister may accredit plans, regimes or policies 246 Vesting of whales in Commonwealth 247 Regulations Division 4—Listed marine species Subdivision A—Listing 248 Listed marine species 249 Minister may amend list 250 Adding marine species to the list 251 Minister must consider advice from Scientific Committee 252 Minister to make lists available to the public Subdivision B—Permit system 253 Subdivision does not apply to members of certain species and cetaceans 254 Killing or injuring member of listed marine species 254A Strict liability for killing or injuring member of listed marine species 254B Taking etc. member of listed marine species 254C Strict liability for taking etc. member of listed marine species 254D Trading etc. member of listed marine species taken in Commonwealth area 254E Strict liability for trading etc. member of listed marine species taken in Commonwealth area 254F Aggravated offence—member of listed marine species that is a dugong or turtle 255 Certain actions are not offences 256 Failing to notify taking etc. of listed marine wildlife 257 Application for permits 258 Minister may issue permits 259 Conditions of permits 260 Contravening conditions of a permit 261 Authorities under permits 262 Transfer of permits 263 Suspension or cancellation of permits 263A Review of decisions about permits 264 Fees Subdivision C—Miscellaneous 265 Minister may accredit plans, regimes or policies 266 Regulations An Act relating to the protection of the environment and the conservation of biodiversity, and for related purposes Chapter 1—Preliminary Part 1—Preliminary 1 Short title This Act may be cited as the Environment Protection and Biodiversity Conservation Act 1999. 2 Commencement (1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation. (2) If this Act does not commence under subsection (1) within the period of 12 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period. 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 promote ecologically sustainable development through the conservation and ecologically sustainable use of natural resources; and (c) to promote the conservation of biodiversity; and (ca) to provide for the protection and conservation of heritage; and (d) to promote a co‑operative approach to the protection and management of the environment involving governments, the community, land‑holders and indigenous peoples; and (e) to assist in the co‑operative implementation of Australia's international environmental responsibilities; and (f) to recognise the role of indigenous people in the conservation and ecologically sustainable use of Australia's biodiversity; and (g) to promote the use of indigenous peoples' knowledge of biodiversity with the involvement of, and in co‑operation with, the owners of the knowledge. (2) In order to achieve its objects, the Act: (a) recognises an appropriate role for the Commonwealth in relation to the environment by focussing Commonwealth involvement on matters of national environmental significance and on Commonwealth actions and Commonwealth areas; and (b) strengthens intergovernmental co‑operation, and minimises duplication, through bilateral agreements; and (c) provides for the intergovernmental accreditation of environmental assessment and approval processes; and (d) adopts an efficient and timely Commonwealth environmental assessment and approval process that will ensure activities that are likely to have significant impacts on the environment are properly assessed; and (e) enhances Australia's capacity to ensure the conservation of its biodiversity by including provisions to: (i) protect native species (and in particular prevent the extinction, and promote the recovery, of threatened species) and ensure the conservation of migratory species; and (ii) establish an Australian Whale Sanctuary to ensure the conservation of whales and other cetaceans; and (iii) protect ecosystems by means that include the establishment and management of reserves, the recognition and protection of ecological communities and the promotion of off‑reserve conservation measures; and (iv) identify processes that threaten all levels of biodiversity and implement plans to address these processes; and (f) includes provisions to enhance the protection, conservation and presentation of world heritage properties and the conservation and wise use of Ramsar wetlands of international importance; and (fa) includes provisions to identify places for inclusion in the National Heritage List and Commonwealth Heritage List and to enhance the protection, conservation and presentation of those places; and (g) promotes a partnership approach to environmental protection and biodiversity conservation through: (i) bilateral agreements with States and Territories; and (ii) conservation agreements with land‑holders; and (iii) recognising and promoting indigenous peoples' role in, and knowledge of, the conservation and ecologically sustainable use of biodiversity; and (iv) the involvement of the community in management planning. 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, social and equitable considerations; (b) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation; (c) the principle of inter‑generational equity—that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations; (d) the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision‑making; (e) improved valuation, pricing and incentive mechanisms should be promoted. 4 Act to bind Crown This Act binds the Crown in each of its capacities. 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 jurisdiction, and does not apply to acts, omissions, matters and things outside the Australian jurisdiction except so far as the contrary intention appears. Application limited to Australians outside exclusive economic zone (3) A provision of this Act that has effect in relation to a place that is outside the outer limits of the exclusive economic zone and is not on or in the continental shelf applies only in relation to: (a) Australian nationals; and (b) Australian permanent residents; and (d) the Commonwealth; and (e) Commonwealth agencies; and (f) Australian aircraft; and (g) Australian vessels; and (h) members of crews of Australian aircraft and Australian vessels (including persons in charge of aircraft or vessels). Application to everyone in Australia and exclusive economic zone (4) A provision of this Act that has effect in relation to a place that is within the outer limits of the exclusive economic zone (whether the place is in the zone or in Australia or an external Territory) or that is on or in the continental shelf applies in relation to: (a) all persons (including persons who are not Australian citizens); and (b) all aircraft (including aircraft that are not Australian aircraft); and (c) all vessels (including vessels that are not Australian vessels). Note: A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory (as appropriate). See section 15B of the Acts Interpretation Act 1901. Application in Greater Sunrise special regime area (4A) Despite subsections (2) and (4), a provision of this Act that has effect in relation to a place that is in or above the Greater Sunrise special regime area applies only in relation to: (a) Australian nationals who are not nationals or permanent residents of Timor‑Leste; and (b) Australian permanent residents who are not nationals or permanent residents of Timor‑Leste; and (c) the Commonwealth; and (d) Commonwealth agencies; and (e) the States; and (f) the self‑governing Territories; and (g) agencies of the States or self‑governing Territories; and (h) Australian aircraft; and (i) Australian vessels; and (j) members of crews of Australian aircraft and Australian vessels (including persons in charge of aircraft or vessels); and (k) persons, aircraft or vessels declared under subsection (4B) to be subject to the provision. (4B) The Minister may, by notifiable instrument, declare all or any of one or more of the following to be subject to a provision of this Act, if the Minister is satisfied that Timor‑Leste has agreed to them being subject to the provision as it has effect in relation to a place that is in or above the Greater Sunrise special regime area: (a) nationals of a foreign country who are not nationals or permanent residents of Timor‑Leste; (b) aircraft with the nationality of a foreign country other than Timor‑Leste; (c) vessels with the nationality of a foreign country other than Timor‑Leste; (d) members of crews (including persons in charge) of aircraft or vessels described in paragraph (b) or (c). (4C) Despite subsections (2), (4) and (4A), a provision of this Act that has effect in relation to a place that is in or above the Greater Sunrise special regime area does not apply in relation to an act, omission, matter or thing that relates to any of the Petroleum Activities within the meaning of the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force from time to time. Note: The Treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). (4D) Subsection 13AB(1) of the Seas and Submerged Lands Act 1973 does not affect the application of a provision of this Act. Note: Subsection 13AB(1) of the Seas and Submerged Lands Act 1973 provides that a law of the Commonwealth does not apply in relation to an act, omission, matter or thing directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area. Definitions (5) In this Act: Australian aircraft means: (a) an aircraft that is owned, possessed or controlled by: (i) the Commonwealth or a Commonwealth agency; or (ii) a State, a self‑governing Territory or an agency of a State or self‑governing Territory; or (b) an aircraft that is registered in Australia. Australian jurisdiction means the land, waters, seabed and airspace in, under or above: (a) Australia; or (b) an external Territory; or (c) the exclusive economic zone; or (d) the continental shelf. Note: A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory (as appropriate). See section 15B of the Acts Interpretation Act 1901. Australian national means: (a) an Australian citizen; or (b) a corporation incorporated in Australia or an external Territory. Australian permanent resident means a person who: (a) is not an Australian citizen; and (b) holds a permanent visa under the Migration Act 1958; and (c) is domiciled in Australia or an external Territory. Australian vessel means: (a) a vessel that is owned, possessed or controlled by: (i) the Commonwealth or a Commonwealth agency; or (ii) a State, a self‑governing Territory or an agency of a State or self‑governing Territory; or (b) a vessel that is registered in Australia; or (c) a vessel that is flying the Australian flag. Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973. national of a foreign country means: (a) a citizen of the country; or (b) a corporation incorporated in the country. 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) the area of water is not within, or is not wholly within: (i) the Australian jurisdiction; or (ii) a Commonwealth area; or (iii) a Commonwealth marine area; and (c) the area of water is not: (i) an area of water, rights in respect of which have been vested in a State by section 4 of the Coastal Waters (State Title) Act 1980 or in the Northern Territory by section 4 of the Coastal Waters (Northern Territory Title) Act 1980; or (ii) an area of water within the limits of a State or the Northern Territory. (2) If, apart from this subsection, a provision of this Act would, or would not, apply in relation to the fishing activities (or in relation to fish or other things taken in the course of the activities) because the area of water mentioned in subsection (1) is not within, or is not wholly within: (a) the Australian jurisdiction; or (b) a Commonwealth area; or (c) a Commonwealth marine area; that provision has effect in relation to the fishing activities (and in relation to fish or other things taken in the course of the activities) as if the area of water were wholly within: (d) the Australian jurisdiction; or (e) a Commonwealth area; or (f) a Commonwealth marine area; as the case requires. Note: This section is subject to subsection 5(3). Example 1: Fishing activities in an area of water that is not a Commonwealth area generally do not contravene Part 13. However, because of this subsection, that Part applies to fishing activities to which this section applies as if the area of water were within a Commonwealth area. The fishing activities may therefore contravene that Part. Example 2: If fish taken in the course of fishing activities in an area of water that is not within the Australian jurisdiction are brought into Australia, this generally constitutes an import (being an import by way of introduction from the sea) of the fish into Australia, which may contravene Part 13A. However, because of this subsection, that Part applies to the fish as if the area of water were within the Australian jurisdiction. The bringing of the fish into Australia therefore does not constitute an import for the purposes of that Part. Example 3: This section allows a plan of management to be accredited under Part 13 in respect of the entire area of water to which the plan relates (even if some of the area is outside the Australian jurisdiction, a Commonwealth area or a Commonwealth marine area). (3) In this section: fishing has the same meaning as in the Fisheries Management Act 1991. 7 Application of the Criminal Code Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: Part 2.5 of the Criminal Code (which deals with corporate criminal responsibility) is excluded from applying to offences against this Act by subsection 498B(9). 8 Native title rights not affected (1) To avoid doubt, nothing in this Act affects the operation of section 211 of the Native Title Act 1993 in relation to a provision of this Act. Note: Section 211 of the Native Title Act 1993 provides that holders of native title rights covering certain activities do not need authorisation required by other laws to engage in those activities. (2) This Act does not affect the operation of: (a) the Aboriginal Land Rights (Northern Territory) Act 1976; or (b) the Native Title Act 1993. 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 functions or duties under Division 4 or 5 of Part 15, or Division 5 of Part 19, of this Act from entering or remaining on land: (a) in the Kakadu region or Uluru region; and (b) in which an Aboriginal Land Trust established under that Act holds an estate in fee simple. Airports Act 1996 not affected (1) This Act does not affect the operation of the Airports Act 1996. Antarctic Treaty (Environment Protection) Act 1980 not affected (2) To avoid doubt, nothing in this Act affects the operation of subsection 7(1) of the Antarctic Treaty (Environment Protection) Act 1980 or regulations made for the purposes of that subsection. 10 Relationship with State law This Act is not intended to exclude or limit the concurrent operation of any law of a State or Territory, except so far as the contrary intention appears. Chapter 2—Protecting the environment Part 2—Simplified outline of this Chapter 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 certain aspects of the environment should proceed. It does so by prohibiting a person from taking an action without the Minister having given approval or decided that approval is not needed. (Part 9 deals with the giving of approval.) Approval is not needed to take an action if any of the following declare that the action does not need approval: (a) a bilateral agreement between the Commonwealth and the State or Territory in which the action is taken; (b) a declaration by the Minister. Also, an action does not need approval if it is taken in accordance with Regional Forest Agreements or it is for a purpose for which, under a zoning plan for a zone made under the Great Barrier Reef Marine Park Act 1975, the zone may be used or entered without permission. Part 3—Requirements for environmental approvals Division 1—Requirements relating to matters of national environmental significance Subdivision A—World Heritage 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 on the world heritage values of a declared World Heritage property. Civil penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units. (2) Subsection (1) does 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). (3) A property has world heritage values only if it contains natural heritage or cultural heritage. The world heritage values of the property are the natural heritage and cultural heritage contained in the property. (4) In this section: cultural heritage has the meaning given by the World Heritage Convention. natural heritage has the meaning given by the World Heritage Convention. 13 What is a declared World Heritage property? Properties on World Heritage List (1) A property included in the World Heritage List is a declared World Heritage property as long as the property is included in the List. Properties not yet on World Heritage List (2) A property specified in a declaration made under section 14 (with any amendments made under section 15) is a declared World Heritage property for the period for which the declaration is in force. 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 Commonwealth to the World Heritage Committee under Article 11 of the World Heritage Convention as suitable for inclusion in the World Heritage List; or (b) the Minister is satisfied that: (i) the property has, or is likely to have, world heritage values; and (ii) some or all of the world heritage values of the property are under threat. Note 1: The Minister may make more than one declaration relating to the same property. See subsection 33(1) of the Acts Interpretation Act 1901. Note 2: The Minister may make an extra declaration to cover property that is an extension of a property previously submitted to the World Heritage Committee. Consulting State or Territory before making declaration (2) Before the Minister makes a declaration relating to property wholly or partly within a State or self‑governing Territory, the Minister must inform the appropriate Minister of the State or Territory of the proposal to make the declaration, and give him or her a reasonable opportunity to comment on the proposal. Consultation not required if threat is imminent (3) However, the Minister need not comply with subsection (2) if: (a) he or she proposes to make a declaration in the circumstances described in paragraph (1)(b); and (b) he or she is satisfied that the threat mentioned in subparagraph (1)(b)(ii) is imminent. Failure to comply with subsection (2) (4) The validity of a declaration is not affected by a failure to comply with subsection (2) in relation to the making of the declaration. When a declaration is in force (5) A declaration: (a) comes into force when it is published in the Gazette; and (b) remains in force (whether amended under section 15 or not) until the earliest of the following events: (i) the end of the period specified in the declaration as the period for which the declaration is in force; (ii) the revocation of the declaration; (iii) if the declaration specifies a property submitted to the World Heritage Committee for inclusion in the World Heritage List—the Committee either includes the property in the List or decides the property should not be included in the List. Specified period for which declaration is in force (6) The Minister must specify in a declaration the period for which it is to be in force. The period must not be longer than the period the Minister believes: (a) the World Heritage Committee needs to decide whether or not to include the property in the World Heritage List, in the case of a declaration specifying a property that has been submitted to the Committee for inclusion in the List; or (b) the Commonwealth needs to decide whether the property has world heritage values and to submit the property to the World Heritage Committee for inclusion in the World Heritage List, in the case of a declaration specifying a property not yet submitted to the Committee for inclusion in the List. Declarations because of threat in force for a year or less (7) The Minister must not specify that a declaration of a property is to be in force for more than 12 months if: (a) the declaration is made in the circumstances described in paragraph (1)(b); and (b) the property is not a property submitted by the Commonwealth to the World Heritage Committee under Article 11 of the World Heritage Convention as suitable for inclusion in the World Heritage List. 15 Amending or revoking a declaration of a declared World Heritage property Revoking declarations specifying nominated property (1) The Minister must, by notice in the Gazette, revoke a declaration made under section 14 specifying a property that has been submitted to the World Heritage Committee for inclusion in the World Heritage List if the Commonwealth decides to withdraw the submission of the property for inclusion in the List. Amending declarations specifying nominated property (2) The Minister must, by notice in the Gazette, amend a declaration made under section 14 specifying a property that has been submitted to the World Heritage Committee for inclusion in the World Heritage List so as to remove from the specification any part of the property that the Commonwealth decides to withdraw from the submission. Revoking declarations specifying property not yet nominated (3) The Minister must, by notice in the Gazette, revoke a declaration made under section 14 specifying a property that is not submitted to the World Heritage Committee for inclusion in the World Heritage List if: (a) the Minister is satisfied that the property does not have world heritage values; or (b) the Commonwealth decides not to submit the property to the Committee for inclusion in the List; or (c) the Minister is satisfied that none of the world heritage values of the property are under threat. 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 is a declared World Heritage property. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (1A) Strict liability applies to paragraph (1)(c). Note: For strict liability, see section 6.1 of the Criminal Code. (2) A person commits an offence if: (a) the person takes an action; and (b) the action is likely to have a significant impact on the world heritage values of a property; and (c) the property is a declared World Heritage property. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2A) Strict liability applies to paragraph (2)(c). Note: For strict liability, see section 6.1 of the Criminal Code. (3) An offence against subsection (1) or (2) 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 commit an offence against section 495. Note 3: If a person takes an action on land that contravenes this section, a landholder may commit an offence against section 496C. (4) Subsections (1) and (2) 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. Subdivision AA—National Heritage 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 National Heritage place. Civil Penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units. (2) A person must not, for the purposes of trade or commerce: (a) between Australia and another country; or (b) between 2 States; or (c) between a State and Territory; or (d) between 2 Territories; take an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place. 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 in: (a) a Commonwealth area; or (b) a Territory; that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place. Civil Penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units. (4) A person must not take an action that has, will have or is likely to have a significant impact on the National Heritage values, to the extent that they are indigenous heritage values, of a National Heritage place. Civil Penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units. Note: For indigenous heritage value, see section 528. (5) A person must not take an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place in an area in respect of which Australia has obligations under Article 8 of the Biodiversity Convention. Civil Penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units. (6) Subsection (5) only applies to actions whose prohibition is appropriate and adapted to give effect to Australia's obligations under Article 8 of the Biodiversity Convention. (However, that subsection may not apply to certain actions because of subsection (8).) (8) Subsections (1) to (5) (inclusive) do not apply to an action if: (a) an approval of the taking of the action by the constitutional corporation, Commonwealth agency, Commonwealth or person is in operation under Part 9 for the purposes of this section; or (b) Part 4 lets the constitutional corporation, Commonwealth agency, Commonwealth 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). 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 action results or will result in a significant impact on the heritage values of a place; and (c) the heritage values are National Heritage values of the place; and (d) the place is a National Heritage place. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (1A) Strict liability applies to paragraphs (1)(c) and (d). Note: For strict liability, see section 6.1 of the Criminal Code. (2) 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 action is likely to have a significant impact on the heritage values of a place; and (c) the heritage values are National Heritage values of the place; and (d) the place is a National Heritage place. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2A) Strict liability applies to paragraphs (2)(c) and (d). Note: For strict liability, see section 6.1 of the Criminal Code. (3) A person commits an offence if: (a) the person takes an action; 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 results or will result in a significant impact on the heritage values of a place; and (d) the heritage values are National Heritage values of the place; and (e) the place is a National Heritage place. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (3A) Strict liability applies to paragraphs (3)(d) and (e). Note: For strict liability, see section 6.1 of the Criminal Code. (4) A person commits an offence if: (a) the person takes an action; 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 is likely to have a significant impact on the heritage values of a place; and (d) the heritage values are National Heritage values of the place; and (e) the place is a National Heritage place. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (4A) Strict liability applies to paragraphs (4)(d) and (e). Note: For strict liability, see section 6.1 of the Criminal Code. (5) A person commits an offence if: (a) the person takes an action; and (b) the action is taken in: (i) a Commonwealth area; or (ii) a Territory; and (c) the action results or will result in a significant impact on the heritage values of a place; and (d) the heritage values are National Heritage values of the place; and (e) the place is a National Heritage place. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (5A) Strict liability applies to paragraphs (5)(d) and (e). Note: For strict liability, see section 6.1 of the Criminal Code. (6) A person commits an offence if: (a) the person takes an action; and (b) the action is taken in: (i) a Commonwealth area; or (ii) a Territory; and (c) the action is likely to have a significant impact on the heritage values of a place; and (d) the heritage values are National Heritage values of the place; and (e) the place is a National Heritage place. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (6A) Strict liability applies to paragraphs (6)(d) and (e). Note: For strict liability, see section 6.1 of the Criminal Code. (7) 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 heritage values, to the extent that they are indigenous heritage values, of a place; and (c) the heritage values are National Heritage values of the place; and (d) the place is a National Heritage place. Note 1: For indigenous heritage value, see section 528. Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (7A) Strict liability applies to paragraphs (7)(c) and (d). Note: For strict liability, see section 6.1 of the Criminal Code. (8) A person commits an