Document ID: chunk:federal_register_of_legislation:C2024C00598:section:23:p2
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 23 (pt 2/2)
Character Range: 97320–98441

taking the action is the Commonwealth or a Commonwealth agency; or
 (e) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).
Note: Section 28 regulates actions by the Commonwealth or a Commonwealth agency with a significant impact on the environment.

Exception—fishing in Commonwealth waters managed by State
 (5) Subsection (1) does not apply to an action if the action:
 (a) is fishing (as defined in the Fisheries Management Act 1991); and
 (b) is included in the class of activities forming a fishery (as defined in that Act) that is managed under the law of a State or the Northern Territory as a result of an agreement made under section 71 or 72 of that Act before the commencement of this section; and
 (c) is permitted under a law of the State or Territory.

Exception—fishing outside Commonwealth marine areas
 (6) Subsection (2) does not apply to an action that:
 (a) is fishing (as defined in the Fisheries Management Act 1991); and
 (b) is permitted under a law of a State or self‑governing Territory.