Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:4_24b
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 4 cl 24B
Character Range: 42969–44965

24B  Requirement for approval of activities in the Great Barrier Reef Marine Park

Actions in Great Barrier Reef Marine Park affecting the environment

 (1) A person must not take in the Great Barrier Reef Marine Park 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 Great Barrier Reef Marine Park affecting the environment in the Marine Park

 (2) A person must not take outside the Great Barrier Reef Marine Park but in the Australian jurisdiction an action that:
 (a) has or will have a significant impact on the environment in the Great Barrier Reef Marine Park; or
 (b) is likely to have a significant impact on the environment in the Great Barrier Reef Marine Park.

Civil penalty:
 (a) for an individual—5,000 penalty units;
 (b) for a body corporate—50,000 penalty units.

Exceptions to prohibition

 (3) Subsection (1) or (2) 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 the Commonwealth or a Commonwealth agency with a significant impact on the environment.