Document ID: chunk:federal_register_of_legislation:C2024C00598:section:24e:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 24E (pt 1/2)
Character Range: 114621–117288

24E  Offences relating to water resources
 (1) A constitutional corporation, or a Commonwealth agency that does not enjoy the immunities of the Commonwealth, commits an offence if:
 (a) the corporation or agency takes an action involving:
 (i) unconventional gas development; or
 (ii) large coal mining development; and
 (b) the action:
 (i) results or will result in a significant impact on a water resource; or
 (ii) is likely to have a significant impact on a water resource.
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
Note 1: An executive officer of a body corporate convicted of an offence against this subsection may also commit an offence against section 495.
Note 2: If a person takes an action on land that contravenes this subsection, a landholder may commit an offence against section 496C.
 (2) A person commits an offence if:
 (a) the person takes an action involving:
 (i) unconventional gas development; or
 (ii) large coal mining development; and
 (b) the action is taken for the purposes of trade or commerce:
 (i) between Australia and another country; or
 (ii) between 2 States; or
 (iii) between a State and Territory; or
 (iv) between 2 Territories; and
 (c) the action:
 (i) has or will have a significant impact on a water resource; or
 (ii) is likely to have a significant impact on a water resource.
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
Note 1: An executive officer of a body corporate convicted of an offence against this subsection may also commit an offence against section 495.
Note 2: If a person takes an action on land that contravenes this subsection, a landholder may commit an offence against section 496C.
 (3) A person commits an offence if:
 (a) the person takes an action involving:
 (i) unconventional gas development; or
 (ii) large coal mining development; and
 (b) the action is taken in:
 (i) a Commonwealth area; or
 (ii) a Territory; and
 (c) the action:
 (i) has or will have a significant impact on a water resource; or
 (ii) is likely to have a significant impact on a water resource.
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
Note 1: An executive officer of a body corporate convicted of an offence against this subsection may also commit an offence against section 495.
Note 2: If a person takes an action on land that contravenes this subsection, a landholder may commit an offence against section 496C.
 (4) Subsections (1) to (3) do not apply to an action if:
 (a) an approval of the taking of the action by the constitutional corporation, Commonwealth agency or person is in operation under Part 9 for the purposes of this section; or
 (b)