98Carrying out domestic activity with significant adverse environmental impact

98  Carrying out domestic activity with significant adverse environmental impact

 (a) the person carries out a domestic activity; and

 (b) the activity has had, or may have, a significant adverse impact on the marine environment in an area beyond national jurisdiction.

Penalty: Imprisonment for 7 years or 1,000 penalty units, or both.

Exceptions

 (5) Subsection (1) does not apply if:

 (a) the activity is an exempt activity; or

 (b) the activity is a non‑controlled activity; or

 (c) the person is the holder of a controlled activity authorisation for the activity.

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).