Document ID: chunk:federal_register_of_legislation:C2024C00538:section:21:p2
Version: federal_register_of_legislation:C2024C00538
Segment Type: section
Provision Reference: s 21 (pt 2/3)
Character Range: 42524–45256

the implementation of the NEPM.

Period of exclusion
 (3) Regulations made for the purposes of subsection (2) may exclude an activity for the purposes of the application of a NEPM:
 (a) indefinitely or for a particular period; and
 (b) either wherever the activity is carried on or in a particular place where the activity is carried on.

Exclusion only if required by matter of national interest
 (4) Regulations may only be made for the purposes of subsection (2) if the Environment Minister is satisfied that it is desirable to make the regulations because of considerations relating to a matter of national interest.

Regulations may implement NEPM
 (5) The regulations may make provision for or in relation to the implementation of a NEPM in respect of the carrying on of an activity by the Commonwealth or a Commonwealth authority, including provision for penalties for offences against the regulations.

Maximum penalty for contravention of regulations
 (6) The penalty for a contravention of the regulations must not exceed (except in the circumstances mentioned in subsection (9)):
 (a) if the contravention causes or is likely to cause, whether directly or indirectly, harm to the environment (irrespective of the duration of the harm):
 (i) in respect of a contravention by an individual—2,000 penalty units; or
 (ii) in respect of a contravention by a corporation—10,000 penalty units; or
 (b) otherwise:
 (i) in respect of a contravention by an individual—500 penalty units; or
 (ii) in respect of a contravention by a corporation—2,500 penalty units.

When contravention is taken to harm the environment
 (7) If harm to the environment is caused, or is likely to be caused, by a combination of a contravention of the regulations and any other factor or factors, the harm is taken for the purposes of paragraph (6)(a) to be caused, or to be likely to be caused, as the case may be, by the contravention.

Regulations implementing NEPM may apply State or Territory law
 (8) The provision for the implementation of a NEPM that may be made under subsection (5) in respect of an activity may include the application, with or without modifications, of provisions of a law of any State or Territory as in force at a particular time or as in force from time to time, even if the activity is not carried on in that State or Territory.

Regulations applying State or Territory law may apply penalties
 (9) The provisions of a law of a State or Territory that may be applied by regulations as mentioned in subsection (8) may include provisions of that law imposing penalties for offences against the provisions so applied, but any modifications of those provisions made by the regulations must not increase those penalties.

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