21NEPMs may be implemented by regulations

#### 21 NEPMs may be implemented by regulations Circumstances to which Part applies (1) This Part applies for the purposes of the implementation of a NEPM in relation to an activity carried on by the Commonwealth or a Commonwealth authority if the Environment Minister becomes satisfied that: (a) the NEPM is relevant to the carrying on of the activity; and (b) the activity is carried on in a place (the relevant place) referred to in any of the following subparagraphs: (i) a Commonwealth place in which, in the Environment Minister’s opinion, the NEPM is not being implemented, or satisfactorily implemented, under an applied State law of the State in which the Commonwealth place is situated; (ii) a State or Territory, or the coastal waters of a State or Territory, in which, in the Environment Minister’s opinion, the NEPM is not being implemented, or satisfactorily implemented, under a law of the State or Territory; (iii) a Commonwealth place in a State, where a provision of a law of the State for the implementation of the NEPM that applies in the Commonwealth place under the Commonwealth Places (Application of Laws) Act 1970 is not, and is not to be, applied under Part 2 in relation to the carrying on of the activity; (iv) a State or Territory or the coastal waters of a State or Territory, where a provision of a law of the State or Territory for the implementation of the NEPM is not, and is not to be, applied under Part 3 in relation to the carrying on of the activity; (v) an external Territory to which this Act extends or its coastal waters; (vi) a part of the territorial sea of Australia that is not part of the coastal waters of a State or Territory; (vii) a part of the exclusive economic zone; (viii) a part of any area of the continental shelf of Australia that is beyond the limits of the exclusive economic zone; and (c) the NEPM is not, and is not to be, implemented in relation to the carrying on of the activity by another law of the Commonwealth in a way that the Environment Minister is satisfied will achieve appropriate environmental outcomes. Part may be excluded by regulation (2) This Part does not apply for the purposes of the implementation of a NEPM in relation to an activity if the activity is excluded, under the regulations, from the application of this Part for the purposes of the implementation of the NEPM. Period of exclusion (3) Regulations made for the purposes of subsection (2) may exclude an activity for the purposes of the application of a NEPM: (a) indefinitely or for a particular period; and (b) either wherever the activity is carried on or in a particular place where the activity is carried on. Exclusion only if required by matter of national interest (4) Regulations may only be made for the purposes of subsection (2) if the Environment Minister is satisfied that it is desirable to make the regulations because of considerations relating to a matter of national interest. Regulations may implement NEPM (5) The regulations may make provision for or in relation to the implementation of a NEPM in respect of the carrying on of an activity by the Commonwealth or a Commonwealth authority, including provision for penalties for offences against the regulations. Maximum penalty for contravention of regulations (6) The penalty for a contravention of the regulations must not exceed (except in the circumstances mentioned in subsection (9)): (a) if the contravention causes or is likely to cause, whether directly or indirectly, harm to the environment (irrespective of the duration of the harm): (i) in respect of a contravention by an individual—2,000 penalty units; or (ii) in respect of a contravention by a corporation—10,000 penalty units; or (b) otherwise: (i) in respect of a contravention by an individual—500 penalty units; or (ii) in respect of a contravention by a corporation—2,500 penalty units. When contravention is taken to harm the environment (7) If harm to the environment is caused, or is likely to be caused, by a combination of a contravention of the regulations and any other factor or factors, the harm is taken for the purposes of paragraph (6)(a) to be caused, or to be likely to be caused, as the case may be, by the contravention. Regulations implementing NEPM may apply State or Territory law (8) The provision for the implementation of a NEPM that may be made under subsection (5) in respect of an activity may include the application, with or without modifications, of provisions of a law of any State or Territory as in force at a particular time or as in force from time to time, even if the activity is not carried on in that State or Territory. Regulations applying State or Territory law may apply penalties (9) The provisions of a law of a State or Territory that may be applied by regulations as mentioned in subsection (8) may include provisions of that law imposing penalties for offences against the provisions so applied, but any modifications of those provisions made by the regulations must not increase those penalties.