Document ID: chunk:federal_register_of_legislation:C2013A00060:clause:1_24d:p1
Version: federal_register_of_legislation:C2013A00060
Segment Type: clause
Provision Reference: sch 1 cl 24D (pt 1/2)
Character Range: 2655–5328

24D  Requirement for approval of developments with a significant impact on water resources
 (1) A constitutional corporation, the Commonwealth or a Commonwealth agency must not take an action if:
 (a) the action involves:
 (i) coal seam gas development; or
 (ii) large coal mining development; and
 (b) 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.
Civil penalty:
 (a) for an individual—5,000 penalty units;
 (b) for a body corporate—50,000 penalty units.
 (2) A person must not take an action if:
 (a) the action involves:
 (i) coal seam 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.
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 if:
 (a) the action involves:
 (i) coal seam 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.
Civil penalty:
 (a) for an individual—5,000 penalty units;
 (b) for a body corporate—50,000 penalty units.
 (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, Commonwealth agency or person is in operation under Part 9 for the purposes of this section; or
 (b) Part 4 lets the constitutional corporation, Commonwealth, Commonwealth agency 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 is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or
 (d) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).
 (5) A person who wishes to rely on subsection (4) in proceedings for a contravention of a civil