Document ID: chunk:federal_register_of_legislation:C2024C00598:section:23:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 23 (pt 1/2)
Character Range: 94918–97588

23  Requirement for approval of activities involving the marine environment

Actions in Commonwealth marine areas affecting the environment
 (1) A person must not take in a Commonwealth marine area an action that has, will have or is likely to have a significant impact on the environment.
Civil penalty:
 (a) for an individual—5,000 penalty units;
 (b) for a body corporate—50,000 penalty units.

Actions outside Commonwealth marine areas affecting those areas
 (2) A person must not take outside a Commonwealth marine area but in the Australian jurisdiction an action that:
 (a) has or will have a significant impact on the environment in a Commonwealth marine area; or
 (b) is likely to have a significant impact on the environment in a Commonwealth marine area.
Civil penalty:
 (a) for an individual—5,000 penalty units;
 (b) for a body corporate—50,000 penalty units.

Fishing in State or Territory waters managed by Commonwealth
 (3) A person must not take in the coastal waters (as defined in the Fisheries Management Act 1991) of a State or the Northern Territory an action:
 (a) that:
 (i) is fishing (as defined in the Fisheries Management Act 1991); and
 (ii) is included in the class of activities forming a fishery (as defined in that Act) that is managed under the law of the Commonwealth as a result of an agreement made under section 71 or 72 of that Act before the commencement of this section; and
 (b) that:
 (i) has or will have a significant impact on the environment in those coastal waters; or
 (ii) is likely to have a significant impact on the environment in those coastal waters.
Civil penalty:
 (a) for an individual—5,000 penalty units;
 (b) for a body corporate—50,000 penalty units.

Exceptions to prohibitions
 (4) Subsection (1), (2) or (3) does not apply to an action if:
 (a) an approval of the taking of the action by the person is in operation under Part 9 for the purposes of the subsection; or
 (b) Part 4 lets the person take the action without an approval under Part 9 for the purposes of the subsection; or
 (c) there is in force a decision of the Minister under Division 2 of Part 7 that the subsection 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 person 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