Document ID: chunk:federal_register_of_legislation:C2007C00084:clause:1_15b:p1
Version: federal_register_of_legislation:C2007C00084
Segment Type: clause
Provision Reference: sch 1 cl 15B (pt 1/2)
Character Range: 5338–8141

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).)

 (7) A person must not take outside the Australian jurisdiction an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place outside the Australian jurisdiction.

Civil Penalty:
 (a) for an individual—5,000 penalty units;
 (b) for a body corporate—50,000 penalty units.

 (8) Subsections (1) to (5) (inclusive) and (7) 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