Document ID: chunk:federal_register_of_legislation:C2025C00131:section:38aa
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 38AA
Character Range: 84668–86094

38AA  Mining or geological storage operations in Great Barrier Reef Region: offence
 (1) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct is mining operations or geological storage operations; and
 (c) the conduct is engaged in in the Great Barrier Reef Region; and
 (d) the person is not authorised to engage in the conduct by:
 (i) a permission granted under the regulations for the purposes of this section; or
 (ii) an authority given in accordance with a condition of a permission referred to in subparagraph (i).
Penalty:
 (a) for an aggravated offence—imprisonment for 3 years or 2,000 penalty units, or both; or
 (b) in any other case—1,000 penalty units.
Note: See also Division 8.
 (2) Strict liability applies to paragraphs (1)(c) and (d).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) The Authority must not grant a person permission to engage in conduct for the purposes of this section unless the Authority is satisfied that the conduct is for the purpose of research or investigations relevant to the conservation of the Marine Park.
 (4) Subsection (1) does not apply if:
 (a) the person is the Authority; and
 (b) the Authority is engaging in the conduct for the purpose of research or investigations relevant to the conservation of the Marine Park.
 (5) This section applies despite any other law of the Commonwealth, a State or a Territory.