Document ID: chunk:federal_register_of_legislation:C2024C00598:section:27a:p2
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 27A (pt 2/2)
Character Range: 132044–133665

If a person takes an action on land that contravenes this section, a landholder may commit an offence against section 496C.
 (6) Subsection (1), (2), (3) or (4) 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 the subsection; or
 (b) Part 4 lets the person take the action without an approval under Part 9 for the purposes of the subsection; or
 (c) there is in force a decision of the Minister under Division 2 of Part 7 that the subsection 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); or
 (e) the person taking the action is a Commonwealth agency.
Note 1: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.
Note 2: This section protects (among other things) the Commonwealth Heritage values of a Commonwealth Heritage place on Commonwealth land, because the heritage values of a place are part of the environment. See the definition of environment in section 528.
Note 3: Section 28 regulates actions by the Commonwealth or a Commonwealth agency with a significant impact on the environment.

Subdivision AA—Protection of Commonwealth Heritage places outside the Australian jurisdiction