15AOffences relating to declared World Heritage properties

15A  Offences relating to declared World Heritage properties  (b) the action results or will result in a significant impact on the world heritage values of a property; and  (c) the property is a declared World Heritage property.  (b) the action is likely to have a significant impact on the world heritage values of a property; and  (c) the property is a declared World Heritage property.  (3) An offence against subsection (1) or (2) is punishable on conviction by imprisonment for a term not more than 7 years, a fine not more than 420 penalty units, or both. Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection. Note 2: An executive officer of a body corporate convicted of an offence against this section may also commit an offence against section 495. Note 3: If a person takes an action on land that contravenes this section, a landholder may commit an offence against section 496C.  (a) an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or  (ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; 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). Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code. Subdivision AA—National Heritage 15B  Requirement for approval of activities with a significant impact on a National Heritage place  (1) A constitutional corporation, the Commonwealth or a Commonwealth agency must not take an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place.  (2) A person must not, for the purposes of trade or commerce:  (a) between Australia and another country; or  (b) between 2 States; or  (c) between a State and Territory; or  (d) between 2 Territories; take an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place.  (3) A person must not take an action in:  (a) a Commonwealth area; or  (b) a Territory; that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place.  (4) A person must not take an action that has, will have or is likely to have a significant impact on the National Heritage values, to the extent that they are indigenous heritage values, of a National Heritage place. Note: For indigenous heritage value, see section 528.  (5) A person must not take an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place in an area in respect of which Australia has obligations under Article 8 of the Biodiversity Convention.  (6) Subsection (5) only applies to actions whose prohibition is appropriate and adapted to give effect to Australia’s obligations under Article 8 of the Biodiversity Convention. (However, that subsection may not apply to certain actions because of subsection (8).)  (8) Subsections (1) to (5) (inclusive) do not apply to an action if:  (a) an approval of the taking of the action by the constitutional corporation, Commonwealth agency, Commonwealth or person is in operation under Part 9 for the purposes of this section; or  (b) Part 4 lets the constitutional corporation, Commonwealth agency, Commonwealth or person take the action without an approval under Part 9 for the purposes of this section; or  (ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; 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). 15C  Offences relating to National Heritage places  (1) A constitutional corporation, or a Commonwealth agency that does not enjoy the immunities of the Commonwealth, commits an offence if:  (a) the corporation or agency takes an action; and  (b) the action results or will result in a significant impact on the heritage values of a place; and  (1A) Strict liability applies to paragraphs (1)(c) and (d).  (2) A constitutional corporation, or a Commonwealth agency that does not enjoy the immunities of the Commonwealth, commits an offence if:  (a) the corporation or agency takes an action; and  (b) the action is likely to have a significant impact on the heritage values of a place; and  (2A) Strict liability applies to paragraphs (2)(c) and (d).  (c) the action results or will result in a significant impact on the heritage values of a place; and  (3A) Strict liability applies to paragraphs (3)(d) and (e).  (c) the action is likely to have a significant impact on the heritage values of a place; and  (4A) Strict liability applies to paragraphs (4)(d) and (e).  (c) the action results or will result in a significant impact on the heritage values of a place; and  (5A) Strict liability applies to paragraphs (5)(d) and (e).  (c) the action is likely to have a significant impact on the heritage values of a place; and  (6A) Strict liability applies to paragraphs (6)(d) and (e).  (7) A person commits an offence if:  (b) the action results or will result in a significant impact on the heritage values, to the extent that they are indigenous heritage values, of a place; and Note 1: For indigenous heritage value, see section 528. Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.  (7A) Strict liability applies to paragraphs (7)(c) and (d).  (8) A person commits an offence if:  (b) the action is likely to have a significant impact on the heritage values, to the extent that they are indigenous heritage values, of a place; and Note 1: For indigenous heritage value, see section 528. Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.  (8A) Strict liability applies to paragraphs (8)(c) and (d).  (9) A person commits an offence if:  (b) the action results or will result in a significant impact on the heritage values of a place; and  (ba) the heritage values are National Heritage values of the place; and  (bb) the place is a National Heritage place; and  (c) the National Heritage place is in an area in respect of which Australia has obligations under Article 8 of the Biodiversity Convention.  (9A) Strict liability applies to paragraphs (9)(ba), (bb) and (c).  (10) A person commits an offence if:  (b) the action is likely to have a significant impact on the heritage values of a place; and  (ba) the heritage values are National Heritage values of the place; and  (bb) the place is a National Heritage place; and  (c) the National Heritage place is in an area in respect of which Australia has obligations under Article 8 of the Biodiversity Convention.  (10A) Strict liability applies to paragraphs (10)(ba), (bb) and (c).  (13) An offence against any of subsections (1) to (10) (inclusive) is punishable on conviction by imprisonment for a term not more than 7 years, a fine not more than 420 penalty units, or both. Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection. Note 2: An executive officer of a body corporate convicted of an offence against this section may also commit an offence against section 495. Note 3: If a person takes an action on land that contravenes this section, a landholder may commit an offence against section 496C.  (14) Subsections (9) and (10) only apply to actions whose prohibition is appropriate and adapted to give effect to Australia’s obligations under Article 8 of the Biodiversity Convention. (However, those subsections may not apply to certain actions because of subsection (16).)  (16) Subsections (1) to (10) (inclusive) do not apply to an action if:  (a) an approval of the taking of the action by the constitutional corporation, 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 agency or person take the action without an approval under Part 9 for the purposes of this section; or  (ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; 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). Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code. Subdivision B—Wetlands of international importance