Document ID: chunk:federal_register_of_legislation:C2024C00598:section:15b:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 15B (pt 1/2)
Character Range: 57226–59978

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