Document ID: chunk:federal_register_of_legislation:C2024C00598:section:27a:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 27A (pt 1/2)
Character Range: 129622–132260

27A  Offences relating to Commonwealth land
 (1) A person commits an offence if:
 (a) the person takes an action; and
 (b) the action is taken on Commonwealth land; and
 (c) the action results or will result in a significant impact on the environment.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (1A) Strict liability applies to paragraph (1)(b).
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 taken on Commonwealth land; and
 (c) the action is likely to have a significant impact on the environment.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (2A) Strict liability applies to paragraph (2)(b).
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 outside Commonwealth land but in the Australian jurisdiction; and
 (c) the action results or will result in a significant impact on the environment in an area; and
 (d) the area is Commonwealth land.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (3A) Strict liability applies to paragraphs (3)(b) and (d).
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 outside Commonwealth land but in the Australian jurisdiction; and
 (c) the action is likely to have a significant impact on the environment in an area; and
 (d) the area is Commonwealth land.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
 (4A) Strict liability applies to paragraphs (4)(b) and (d).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) An offence against subsection (1), (2), (3) or (4) is punishable on conviction by imprisonment for a term not more than 2 years, a fine not more than 120 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.
 (6) Subsection (1), (2), (3) or (4) does not apply to an action if:
 (a) an approval of the