Document ID: chunk:federal_register_of_legislation:F2004C00354:body:0:p2
Version: federal_register_of_legislation:F2004C00354
Segment Type: other
Provision Reference: 
Character Range: 2985–5774

Regulations and the Madrid Protocol have the same meaning in these Regulations as in the Protocol.

Part 2 Application of procedures for dealing with environmental evaluations

4 Compliance with Parts 3 and 4

 (1) Subject to subregulation (3), a person preparing or dealing with an initial environmental evaluation must comply with the requirements of Part 3.

 (2) Subject to subregulation (3), a person preparing or dealing with a draft or final comprehensive environmental evaluation must comply with the requirements of Part 4.

 (3) A proponent of an activity may contravene a requirement of Part 3 or 4 for preparing or dealing with an environmental evaluation before carrying on the activity in an emergency:
 (a) to save a person from death or serious injury; or
 (b) to secure the safety of a ship or aircraft or the safety of equipment or facilities of high value; or
 (c) to protect the environment.

5 Notification of emergency contravention of procedures

 (1) The person responsible for carrying on, in circumstances described in subregulation 4 (3), an activity in contravention of a requirement of Part 3 or 4, must, unless he or she has a reasonable excuse, give the Minister or an authorised person notice of the contravention within 30 days of starting the activity.

Penalty:   20 penalty units.

 (2) Within a further 30 days, the person must, unless he or she has areasonable excuse, give the Minister or an authorised person a written report:
 (a) describing the activity that was carried on in contravention of the requirement; and
 (b) explaining why the requirement was contravened.

Penalty:   20 penalty units.

 (3) An offence under subregulation (1) or (2) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   A defendant bears an evidential burden in relation to whether or not he or she had a reasonable excuse (see section 13.3 of the Criminal Code).

Part 3 Initial environmental evaluations

6 Contents of an initial environmental evaluation

  For the purposes of paragraph 12g (2) (a) of the Act, an initial environmental evaluation for an activity must include:
 (a) a description of the activity, including a statement of:
 (i) the purpose; and
 (ii) the location; and
 (iii) the duration; and
 (iv) the intensity of the activity; and
 (b) a description of possible alternatives to the activity, including the alternative of not carrying on the activity; and
 (c) a description of the consequences of each possible alternative to the activity; and
 (d) a description of the environmental reference state with which predicted changes are to be compared; and
 (e) a prediction of the future environmental reference state if the activity does not take place; and
 (f) an estimation