United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)

https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_E_web.pdf

Article 25: Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.

Article 26:

1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.

2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.

3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.

AUSTRALIA

The Environmental Protection and Biodiversity Conservation (EPBC) Act 1999 

 Section 3: Objects of Act: (1) The objects of this Act are:
(a) to provide for the protection of the environment, especially those aspects of the environment that are matters of national environmental significance; and
(b) to promote ecologically sustainable development through the conservation and ecologically sustainable use of natural resources; and
(c) to promote the conservation of biodiversity; and to provide for the protection and conservation of heritage; and
(d) to promote a co-operative approach to the protection and management of the environment involving governments, the community, land-holders and indigenous peoples; and
(e) to assist in the co-operative implementation of Australia's international environmental responsibilities; and
(f) to recognise the role of indigenous people in the conservation and ecologically sustainable use of Australia's biodiversity; and
(g) to promote the use of indigenous peoples' knowledge of biodiversity with the involvement of, and in co-operation with, the owners of the knowledge.
(2) In order to achieve its objects, the Act:
(a) recognises an appropriate role for the Commonwealth in relation to the environment by focussing Commonwealth involvement on matters of national environmental significance and on Commonwealth actions and Commonwealth areas; and
(b) strengthens intergovernmental co-operation, and minimises duplication, through bilateral agreements; and
(c) provides for the intergovernmental accreditation of environmental assessment and approval processes; and
(d) adopts an efficient and timely Commonwealth environmental assessment and approval process that will ensure activities that are likely to have significant impacts on the environment are properly assessed; and
(e) enhances Australia's capacity to ensure the conservation of its biodiversity by including provisions to:
(i) protect native species (and in particular prevent the extinction, and promote the recovery, of threatened species) and ensure the conservation of migratory species; and
(ii) establish an Australian Whale Sanctuary to ensure the conservation of whales and other cetaceans; and
(iii) protect ecosystems by means that include the establishment and management of reserves, the recognition and protection of ecological communities and the promotion of off-reserve conservation measures; and
(iv) identify processes that threaten all levels of biodiversity and implement plans to address these processes; and
(f) includes provisions to enhance the protection, conservation and presentation of world heritage properties and the conservation and wise use of Ramsar wetlands of international importance; and
(fa) includes provisions to identify places for inclusion in the National Heritage List and Commonwealth Heritage List and to enhance the protection, conservation and presentation of those places; and
(g) promotes a partnership approach to environmental protection and biodiversity conservation through:
(i) bilateral agreements with States and Territories; and
(ii) conservation agreements with land-holders; and
(iii) recognising and promoting indigenous peoples' role in, and knowledge of, the conservation and ecologically sustainable use of biodiversity; and (iv) the involvement of the community in management planning.

Section 3A Principles of ecological sustainable development: The following principles are principles of ecologically sustainable development:
(a) decision-making processes should effectively integrate both long-term and short-term economic, environmental, social and equitable considerations;
(b) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;
(c) the principle of inter-generational equity—that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;
(d) the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision-making;
(e) improved valuation, pricing and incentive mechanisms should be promoted.

Section 12 Requirement for approval of activities with a significant impact on a declared World Heritage property
(1) A person must not take an action that:
(a) has or will have a significant impact on the world heritage values of a declared World Heritage property; or
(b) is likely to have a significant impact on the world heritage values of a declared World Heritage property.
Civil penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units.
(2) Subsection (1) 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 this section; or
(b) Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; 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).
(3) A property has world heritage values only if it contains natural heritage or cultural heritage. The world heritage values of the property are the natural heritage and cultural heritage contained in the property.
(4) In this section: cultural heritage has the meaning given by the World Heritage Convention. natural heritage has the meaning given by the World Heritage Convention.

Section 18- Actions with significant impact on listed threatened species or endangered community prohibited without approval. Species that are extinct in the wild
(1) A person must not take an action that:
(a) has or will have a significant impact on a listed threatened species included in the extinct in the wild category; or
(b) is likely to have a significant impact on a listed threatened species included in the extinct in the wild category.
Civil penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units. Critically endangered species
(2) A person must not take an action that:
(a) has or will have a significant impact on a listed threatened species included in the critically endangered category; or
(b) is likely to have a significant impact on a listed threatened species included in the critically endangered category.
Civil penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units.
Endangered species
(3) A person must not take an action that:
(a) has or will have a significant impact on a listed threatened species included in the endangered category; or
(b) is likely to have a significant impact on a listed threatened species included in the endangered category.
Civil penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units.
Vulnerable species
(4) A person must not take an action that:
(a) has or will have a significant impact on a listed threatened species included in the vulnerable category; or
(b) is likely to have a significant impact on a listed threatened species included in the vulnerable category.
Civil penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units.
Critically endangered communities
(5) A person must not take an action that:
(a) has or will have a significant impact on a listed threatened ecological community included in the critically endangered category; or
(b) is likely to have a significant impact on a listed threatened ecological community included in the critically endangered category.
Civil penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units.
Endangered communities
(6) A person must not take an action that:
(a) has or will have a significant impact on a listed threatened ecological community included in the endangered category; or
(b) is likely to have a significant impact on a listed threatened ecological community included in the endangered category.
Civil penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units.

Section 18A - Offences relating to threatened species etc..
(1) A person commits an offence if:
(a) the person takes an action; and
(b) the action results or will result in a significant impact on: (i) a species; or (ii) an ecological community; and
(c) the species is a listed threatened species, or the community is a listed threatened ecological community.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(1A) Strict liability applies to paragraph (1)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) A person commits an offence if:
(a) the person takes an action; and
(b) the action is likely to have a significant impact on: (i) a species; or (ii) an ecological community; and
(c) the species is a listed threatened species, or the community is a listed threatened ecological community.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(2A) Strict liability applies to paragraph (2)(c).
Note: For strict liability, see section 6.1 of the Criminal Code.
(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.
(4) Subsections (1) and (2) do not apply to an action if:
(a) the listed threatened species subject to the significant impact (or likely to be subject to the significant impact) is: (i) a species included in the extinct category of the list under section 178; or (ii) a conservation dependent species; or
(b) the listed threatened ecological community subject to the significant impact (or likely to be subject to the significant impact) is an ecological community included in the vulnerable category of the list under section 181.
Note 1: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.
Note 2: Section 19 sets out other defences. The defendant bears an evidential burden in relation to the matters in that section too. See subsection 13.3(3) of the Criminal Code.

Section 24D - Requirement for approval of developments with a significant impact on water resources
(1) A constitutional corporation, the Commonwealth or a Commonwealth agency must not take an action if:
(a) the action involves: (i) unconventional gas development; or (ii) large coal mining development; and
(b) the action: (i) has or will have a significant impact on a water resource; or (ii) is likely to have a significant impact on a water resource.
Civil penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units.
(2) A person must not take an action if:
(a) the action involves:
(i) unconventional gas development; or
(ii) large coal mining development; and
(b) the action is taken for the purposes of trade or commerce:
(i) between Australia and another country; or
(ii) between 2 States; or
(iii) between a State and Territory; or
(iv) between 2 Territories; and (c) the action:
(i) has or will have a significant impact on a water resource; or
(ii) is likely to have a significant impact on a water resource.
Civil penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units.
(3) A person must not take an action if:
(a) the action involves: (i) unconventional gas development; or (ii) large coal mining development; and
(b) the action is taken in: (i) a Commonwealth area; or (ii) a Territory; and
(c) the action: (i) has or will have a significant impact on a water resource; or (ii) is likely to have a significant impact on a water resource. Civil penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units.
(4) Subsections (1) to (3) do not apply to an action if:
(a) an approval of the taking of the action by the constitutional corporation, Commonwealth, 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, Commonwealth agency or person take the action without an approval under Part 9 for the purposes of this section; 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).
(5) A person who wishes to rely on subsection (4) in proceedings for a contravention of a civil penalty provision bears an evidential burden in relation to the matters in that subsection.

Section 24E- Offences relating to water resources
(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 involving: (i) unconventional gas development; or (ii) large coal mining development; and
(b) the action: (i) results or will result in a significant impact on a water resource; or (ii) is likely to have a significant impact on a water resource. Penalty: Imprisonment for 7 years or 420 penalty units, or both.
Note 1: An executive officer of a body corporate convicted of an offence against this subsection may also commit an offence against section 495.
Note 2: If a person takes an action on land that contravenes this subsection, a landholder may commit an offence against section 496C.
(2) A person commits an offence if:
(a) the person takes an action involving: (i) unconventional gas development; or (ii) large coal mining development; and
(b) the action is taken for the purposes of trade or commerce: (i) between Australia and another country; or (ii) between 2 States; or (iii) between a State and Territory; or (iv) between 2 Territories; and
(c) the action: (i) has or will have a significant impact on a water resource; or (ii) is likely to have a significant impact on a water resource. Penalty: Imprisonment for 7 years or 420 penalty units, or both.
Note 1: An executive officer of a body corporate convicted of an offence against this subsection may also commit an offence against section 495.
Note 2: If a person takes an action on land that contravenes this subsection, a landholder may commit an offence against section 496C.
(3) A person commits an offence if:
(a) the person takes an action involving: (i) unconventional gas development; or (ii) large coal mining development; and
(b) the action is taken in: (i) a Commonwealth area; or (ii) a Territory; and
(c) the action: (i) has or will have a significant impact on a water resource; or (ii) is likely to have a significant impact on a water resource. Penalty: Imprisonment for 7 years or 420 penalty units, or both. Note 1: An executive officer of a body corporate convicted of an offence against this subsection may also commit an offence against section 495. Note 2: If a person takes an action on land that contravenes this subsection, a landholder may commit an offence against section 496C.
(4) Subsections (1) to (3) 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
(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 subsection (4). See subsection 13.3(3) of the Criminal Code.

Section - 67 What is a controlled action?
An action that a person proposes to take is a controlled action if the taking of the action by the person without approval under Part 9 for the purposes of a provision of Part 3 would be (or would, but for section 25AA or 28AB, be) prohibited by the provision. The provision is a controlling provision for the action.

Section 75 - Does the proposed action need approval? Is the action a controlled action?
(1) The Minister must decide:
(a) whether the action that is the subject of a proposal referred to the Minister is a controlled action; and
(b) which provisions of Part 3 (if any) are controlling provisions for the action.
Note: The Minister may revoke a decision made under subsection (1) about an action and substitute a new decision. See section 78.
(1AA) To avoid doubt, the Minister is not permitted to make a decision under subsection (1) in relation to an action that was the subject of a referral that was not accepted under subsection 74A(1). Minister must consider public comment (1A) In making a decision under subsection (1) about the action, the Minister must consider the comments (if any) received:
(a) in response to the invitation under subsection 74(3) for anyone to give the Minister comments on whether the action is a controlled action; and
(b) within the period specified in the invitation. Considerations in decision
(2) If, when the Minister makes a decision under subsection (1), it is relevant for the Minister to consider the impacts of an action:
(a) the Minister must consider all adverse impacts (if any) the action: (i) has or will have; or (ii) is likely to have; on the matter protected by each provision of Part 3; and
(b) must not consider any beneficial impacts the action: (i) has or will have; or (ii) is likely to have; on the matter protected by each provision of Part 3.
Note: Impact is defined in section 527E.
(2A) For the purposes of subsection (2), if the provision of Part 3 is subsection 15B(3), 15C(5), 15C(6), 23(1), 24A(1), 24D(3), 24E(3), 26(1) or 27A(1), then the impacts of the action on the matter protected by that provision are only those impacts that the part of the action that is taken in or on a Commonwealth area, a Territory, a Commonwealth marine area or Commonwealth land:
(a) has or will have; or
(b) is likely to have; on the matter.
(2AA) For the purposes of subsection (2), if the provision of Part 3 is subsection 24B(1) or 24C(1) or (3), then the impacts of the action on the matter protected by that provision are only those impacts that the part of the action that is taken in the Great Barrier Reef Marine Park:
(a) has or will have; or
(b) is likely to have; on the matter.
(2B) Without otherwise limiting any adverse impacts that the Minister must consider under paragraph (2)(a), the Minister must not consider any adverse impacts of:
(a) any RFA forestry operation to which, under Division 4 of Part 4, Part 3 does not apply; or
(b) any forestry operations in an RFA region that may, under Division 4 of Part 4, be undertaken without approval under Part 9.
Designating a proponent of the action
(3) If the Minister decides that the action is a controlled action, the Minister must designate a person as proponent of the action.
Consent to designation
(4) The Minister may designate a person who does not propose to take the action only if:
(a) the person agrees to being designated; and
(b) the person proposing to take the action agrees to the designation.
Timing of decision and designation
(5) The Minister must make the decisions under subsection (1) and, if applicable, the designation under subsection (3), within 20 business days after the Minister receives the referral of the proposal to take the action.
Note: If the Minister decides, under subsection 75(1), that the action is a controlled action, the Minister must, unless the Minister has requested more information under subsection 76(3) or section 89, decide on the approach to be used for assessment of the relevant impacts of the action on the same day as the Minister makes the decision under subsection 75(1)—see subsection 88(2).
Time does not run while further information being sought
(6) If the Minister has requested more information under subsection 76(1) or (2) for the purposes of making a decision, a day is not to be counted as a business day for the purposes of subsection (5) if it is:
(a) on or after the day the Minister requested the information; and
(b) on or before the day on which the Minister receives the last of the information requested. Running of time may be suspended by agreement
(7) The Minister and the person proposing to take the action may agree in writing that days within a period worked out in accordance with the agreement are not to be counted as business days for the purposes of subsection (5). If the agreement is made, those days are not to be counted for the purposes of that subsection.

Section 78- Reconsideration of decision Limited power to vary or substitute decisions
(1) The Minister may revoke a decision (the first decision) made under subsection 75(1) about an action and substitute a new decision under that subsection for the first decision, but only if:
(a) the Minister is satisfied that the revocation and substitution is warranted by the availability of substantial new information about the impacts that the action:
(i) has or will have; or
(ii) is likely to have; on a matter protected by a provision of Part 3; or
(aa) the Minister is satisfied that the revocation and substitution is warranted by a substantial change in circumstances that was not foreseen at the time of the first decision and relates to the impacts that the action:
(i) has or will have; or
(ii) (ii) is likely to have; on a matter protected by a provision of Part 3; or
(b) the following requirements are met:
(i) the first decision was that the action was not a controlled action because the Minister believed the action would be taken in the manner identified under subsection 77A(1) in the notice given under section 77;
(ii) the Minister is satisfied that the action is not being, or will not be, taken in the manner identified; or
(a) the following requirements are met:
(i) the first decision was that the action was not a controlled action because of a provision of a bilateral agreement and a management arrangement or an authorisation process that is a bilaterally accredited out the processes referred to in sections 73 and 74 again before making the new decision. Reversing decision that provision of Part 3 is not controlling provision
(2) A provision of Part 3 letting an action be taken if the Minister has decided that a particular provision (the prohibiting provision) of that Part is not a controlling provision for the action does not prevent the Minister from acting under subsection (1) to revoke a decision that the prohibiting provision is not a controlling provision for an action and substitute a decision that the prohibiting provision is a controlling provision for the action. Decision not to be revoked after approval granted or refused or action taken (3) The Minister must not revoke the first decision after:
(a) the Minister has granted or refused an approval of the taking of the action; or
(b) the action is taken. General effect of change of decision
(4) When the first decision is revoked and a new decision is substituted for it:
(a) any provisions of this Chapter that applied in relation to the action because of the first decision cease to apply in relation to the action; and
(b) any provisions of this Chapter that are relevant because of the new decision apply in relation to the action.
Change of designation of proponent
(5) If the Minister believes a person (the first proponent) designated under section 75 as proponent of an action is no longer an appropriate person to be the designated proponent of the action, the Minister may revoke the designation and designate another person (the later proponent) as proponent of the action.
Consent to designation
(6) The Minister may designate the other person as proponent of the action only if:
(a) he or she consents to it and the person proposing to take the action agrees to it; or
(b) the other person is the person proposing to take the action.
Effect of change of designated proponent
(7) If the Minister revokes the designation of the first proponent and designates the later proponent:
(a) the provisions of this Chapter that applied to the first proponent cease to apply to the first proponent in relation to the action but apply to the later proponent; and
(b) for the purposes of those provisions the later proponent is taken to have done anything the first proponent did in relation to the action; and
(c) for the purposes of those provisions anything done in relation to the first proponent in relation to the action is taken to have been done in relation to the later proponent.

Section 78A Request for reconsideration of decision by person other than State or Territory Minister
(1) A person (other than a Minister of a State or self-governing Territory) may request the Minister to reconsider a decision made under subsection 75(1) about an action on the basis of a matter referred to in any of paragraphs 78(1)(a) to (ca).
Note: Section 79 deals with requests for reconsideration by a Minister of a State or self-governing Territory.
(2) A request under subsection (1) must:
(a) be in writing; and
(b) set out the basis on which the person thinks the decision should be reconsidered; and
(c) if the regulations specify other requirements for requests under subsection (1)—comply with those requirements.
(3) if a request is made under subsection (1) in relation to a decision that an action is a controlled action, or that particular provisions are controlling provisions for an action, then:
(a) if the request is made by the designated proponent of the action—Part 8 ceases to apply in relation to the action until the Minister makes a decision in relation to the request; but
(b) if the request is made by another person—the application of Part 8 in relation to the action is not affected by the making of the request (subject to the outcome of the reconsideration).
(4) If:
(a) because of paragraph (3)(a), Part 8 has ceased to apply in relation to an action; and
(b) the Minister confirms the decision that is the subject of the request under subsection (1); then:
(c) the application of Part 8 in relation to the action resumes (as does any assessment process under that Part that had previously commenced in relation to the action); and
(d) for the purposes of the resumed application of Part 8, a day is not to be counted as a business day if it is: (i) on or after the day the Minister received the request; and (ii) on or before the day the Minister confirms the decision.

Section 78C - Minister must reconsider decision and give notice of outcome Reconsideration of decision
(1) As soon as practicable after the end of the time within which information or comments may be given under section 78B in relation to a request under section 78A to reconsider a decision about an action, the Minister must:
(a) reconsider the decision; and
(b) either:
(i) confirm the decision; or
(ii) revoke the decision in accordance with subsection 78(1), and substitute a new decision for it. Notice of outcome of reconsideration
(2) The Minister must give written notice of the outcome of the reconsideration to:
(a) the person who requested the reconsideration; and
(b) the person proposing to take the action (if that person is not the person referred to in paragraph (a)); and
(c) the designated proponent of the action (if the designated proponent is not the person referred to in paragraph (a) or (b)); and (d) if the reconsideration relates to an action referred to in subsection 78B(5)—the appropriate Minister of the State or Territory.
(3) After giving notice as described in subsection (2), the Minister must publish notice of the outcome of the reconsideration. The regulations may specify how the publication is to be made. Subject to any such regulations, the publication must be made in a way the Minister considers appropriate. Reasons for outcome of reconsideration
(4) The Minister must give reasons for the outcome of the reconsideration to a person who: (a) has been given notice of the outcome of the reconsideration under paragraph (2)(a), (b) or (c); and (b) within 28 days after being given the notice, has requested the Minister to provide reasons. The Minister must do so as soon as practicable, and in any case within 28 days after receiving the request.

Section 391 - 1 Minister must consider precautionary principle in making decisions Taking account of precautionary principle
(1) The Minister must take account of the precautionary principle in making a decision listed in the table in subsection (3), to the extent he or she can do so consistently with the other provisions of this Act.
Precautionary principle
(2) The precautionary principle is that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment where there are threats of serious or irreversible environmental damage.
Decisions in which precautionary principle must be considered
(3) The decisions are: (see table in Volume 2 of the Act)

Section 523 Actions
(1) Subject to this Subdivision, action includes:
(a) a project; and
(b) a development; and
(c) an undertaking; and
(d) an activity or series of activities; and
(e) an alteration of any of the things mentioned in paragraph (a), (b), (c) or (d)

Section 527E - Meaning of impact
(1) For the purposes of this Act, an event or circumstance is an impact of an action taken by a person if:
(a) the event or circumstance is a direct consequence of the action; or
(b) for an event or circumstance that is an indirect consequence of the action—subject to subsection
(2), the action is a substantial cause of that event or circumstance. (2) For the purposes of paragraph (1)(b), if:
a) a person (the primary person) takes an action (the primary action); and
(b) as a consequence of the primary action, another person (the secondary person) takes another action (the secondary action); and
(c) the secondary action is not taken at the direction or request of the primary person; and
(d) an event or circumstance is a consequence of the secondary action; then that event or circumstance is an impact of the primary action only if:
(e) the primary action facilitates, to a major extent, the secondary action; and
(f) the secondary action is:
(i) within the contemplation of the primary person; or
(ii) a reasonably foreseeable consequence of the primary action; and
(g) the event or circumstance is:
(i) within the contemplation of the primary person; or
(ii) a reasonably foreseeable consequence of the secondary action.

KENYA

Environmental Management and Coordination Act 

Section 58: '(1) Notwithstanding any approval, permit or license granted under this Act or any other law in force in Kenya, any person, being a proponent of a project, shall before for an financing, commencing, proceeding with, carrying out, executing or conducting or causing to be financed, commenced, proceeded with, carried out, executed or conducted by another person any undertaking specified in the Second Schedule to this Act, submit a project report to the Authority, in the prescribed form, giving the prescribed information and which shall be accompanied by the prescribed fee.
(2) The proponent of a project shall undertake or cause to be undertaken at his own expense an environmental impact assessment study and prepare a report thereof where the Authority, being satisfied, after studying the project report submitted under subsection (1), that the intended project may or is likely to have or will have a significant impact on the environment, so directs.
(3) The environmental impact assessment study report prepare under this subsection shall be submitted to the Authority in the prescribed form, giving the prescribed information and shall be accompanied by the prescribed fee.
(4) The Minister may, on the advice of the Authority given after consultation with the relevant lead agencies, amend the Second Schedule to this Act by notice in the Gazette.
(5) Environmental impact assessment studies and reports required under this Act shall be conducted or prepared respectively by individual experts or a firm of experts authorised in that behalf by the Authority. The Authority shall maintain a register of all individual experts or firms of all experts duly authorized by it to conduct or prepare environmental impact assessment studies and reports respectively. The register shall be a public document and may be inspected at reasonable hours by any person on the payment of a prescribed fee.
(6) The Director-General may, in consultation with the Standards Enforcement and Review Committee, approve any application by an expert wishing to be authorised to undertake environmental impact assessment. Such application shall be made in the prescribed manner and accompanied by any fees that may be required.
(7) Environmental impact assessment shall be conducted in accordance with the environmental impact assessment regulations, guidelines and procedures issued under this Act.
(8) The Director-General shall respond to the applications for environmental impact assessment license within three months.
(9) Any person who upon submitting his application does not receive any communication from the Director-General within the period stipulated under subsection (8) may start his undertaking.'

NORWAY

The Acquisition and Extraction of Mineral Resources Act (the Minerals Act) 

Article 1: Makes clear that the rules aim to promote and ensure socially responsible administration and use of mineral resources in accordance with the principle of sustainable development.
Article 2: Sets as goals the safeguard of both the Sami culture, their commercial activities, and social life together with the environmental consequences of extraction.
Article 6: The Sami rights and interests must be taken into special consideration, given the application of the rules of international law relating to Indigenous people and minorities.
Article 41: Operations shall be carried out in accordance with good mining.
Article 48: Operations shall be performed with caution so that they do not result in unnecessary pollution or unnecessary damage to the environment.

The Petroleum Act 

Section 3-1: 'Prior to the opening of new areas with a view to granting production licences, an evaluation shall be undertaken of the various interests involved in the relevant area.  In this evaluation, an assessment shall be made of the impact of the petroleum activities on trade, industry and the environment, and of possible risks of pollution, as well as the economic and social effects that may be a result of the petroleum activities.
The opening of new areas is a matter which shall be put before local public authorities, central trade and industry associations and other organisations which may be presumed to have a particular interest in the matter.
Furthermore it shall be made known through public announcement which areas are planned to be opened for petroleum activities, and the nature and extent of the activities in question. Interested parties shall be given a period of time of no less than 3 months to present their views.
The Ministry decides on the administrative procedure to be followed in each individual case.'
Section 4-2: 'If a licensee decides to develop a petroleum deposit, the licensee shall submit to the Ministry for approval a plan for development and operation of the petroleum deposit.
The plan shall contain an account of economic aspects, resource aspects, technical, safety related, commercial and environmental aspects, as well as information as to how a facility may be decommissioned and disposed of when the petroleum activities have ceased. The plan shall also comprise information on facilities for transportation or utilisation comprised by Section 4-3. In the event that a facility is to be placed on the territory, the plan shall in addition provide information about what applications for licences etc. have been submitted according to other applicable legislation.
The Ministry may, when particular reasons so warrant, require the licensee to produce a detailed account of the impact on the environment, possible risks of pollution and the impact on other affected activities, in respect of a larger defined area.
If the development is planned in two or more stages, the plan shall, to the extent possible, comprise the total development. The Ministry may limit the approval to apply to individual stages.
Substantial contractual obligations must not be undertaken, nor construction work be started, until the plan for development and operation has been approved, unless by consent from the Ministry.
The Ministry may on application from a licensee waive the requirement to submit a plan for development and operation.
The Ministry shall be notified of and shall approve any significant deviation or alteration of the terms and preconditions on which a plan has been submitted or approved and any significant alteration of facilities. The Ministry may require a new or amended plan to be submitted for approval.'

Regulations to Act relating to petroleum activities 

Section 6c(e): 'To the extent necessary, the impact assessment shall include i.a.: (...) a description of the impact of opening the area for petroleum activities in relation to, i.e.: living conditions for animals and plants, the sea bed, water, air, climate, landscape, emergency preparedness and risk, and the joint impact of these'.

Pollution Control Act 

Article 6: 'For the purpose of this Act, pollution means:

1. the introduction of solids, liquids or gases to air, water or ground,
2. noise and vibrations,
3. light and other radiation to the extent decided by the pollution control authority,
4. effects on temperature

which cause or may cause damage or nuisance to the environment.
The term pollution also means anything that may aggravate the damage or nuisance caused by earlier pollution, or that together with environmental impacts such as are mentioned in items 1 to 4 causes or may cause damage or nuisance to the environment.'
Article 11: 'The pollution control authority may on application issue a permit for any activity that may lead to pollution. In special cases, the pollution control authority may issue such a permit without the submission of an application, and may in such a permit make orders that replace conditions pursuant to section 16.
The pollution control authority may issue regulations requiring that any person wishing to engage in certain types of activities that by their nature may lead to pollution shall apply for a permit pursuant to this section.
If possible, pollution problems shall be solved for larger areas as a whole on the basis of general plans and local development plans. If an activity will conflict with final plans drawn up pursuant to the Planning and Building Act, the pollution control authority shall only grant a permit pursuant to the Pollution Control Act with the consent of the planning authorities.
When the pollution control authority decides whether a permit is to be granted and lays down conditions pursuant to section 16, it shall pay particular attention to any pollution-related nuisance arising from the project as compared with any other advantages and disadvantages so arising.'

PHILIPPINES

Indigenous Peoples' Rights Act of 1997 

Section 10: 'Unauthorized and unlawful intrusion upon, or use of any portion of the ancestral domain, or any violation of the rights hereinbefore enumerated, shall be punishable under this law. Furthermore, the Government shall take measures to prevent non-ICCs/IPs from taking advantage of the ICCs/IPs customs or lack of understanding of laws to secure ownership, possession of land belonging to said ICCs/IPs.'
Section 58: 'Ancestral domains or portions thereof, which are found to be necessary for critical watersheds, mangroves, wildlife sanctuaries, wilderness, protected areas, forest cover, or reforestation as determined by appropriate agencies with the full participation of the ICCs/IPs concerned shall be maintained, managed and developed for such purposes. The ICCs/IPs concerned shall be given the responsibility to maintain, develop, protect and conserve such areas with the full and effective assistance of government agencies. Should the ICCs/IPs decide to transfer the responsibility over the areas, said decision must be made in writing. The consent of the ICCs/IPs should be arrived at in accordance with its customary laws without prejudice to the basic requirements of existing laws on free and prior informed consent: Provided, That the transfer shall be temporary and will ultimately revert to the ICCs/IPs in accordance with a program for technology transfer: Provided, further, That no ICCs/IPs shall be displaced or relocated for the purpose enumerated under this section without the written consent of the specific persons authorized to give consent.'

Rainwater Collector and Springs Development Law of 1989 

Section 1: 'It is hereby declared to be the national policy to promote the quality of life of every Filipino through the provision of adequate social service including, but not limited to, the provision of adequate potable water supply made conveniently available to every barangay in the country.'
Section 2: 'The Department of Public Works and Highways (DPWH) shall, within thirty (30) days after the approval of this Act, undertake construction of water wells, rainwater collectors, development of springs and rehabilitation of existing water wells in all barangays in the Philippines in such number as may be needed and feasible, taking into consideration the population, hydrologic conditions, costs of project development and operations, financial and economic factors and institutional arrangements: Provided, however, That the DPWH shall deduct not more than five percent (5%) for supervision, engineering, technical and other overhead expenses or fees: Provided, further, That each barangay in the country shall have at least one additional potable water source.'

UNITED STATES

Racketeer Influenced and Corrupt Organizations Act (RICO) 

18 U.S.C. § 1962(a)-(d): Sec. 1962. Prohibited activities • (a) It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section 2, title 18, United States Code, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this subsection if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any pattern or racketeering activity or the collection of an unlawful debt after such purchase do not amount in the aggregate to one percent of the outstanding securities of any one class, and do not confer, either in law or in fact, the power to elect one or more directors of the issuer. • (b) It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. • (c) It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity or collection of unlawful debt. • (d) It shall be unlawful for any person to conspire to violate any of the provisions of subsection (a), (b), or (c) of this section.

Title 6 of the New York Code of Rules and Regulations (NYCRR), § 217-3.2 

17-3.2 Prohibitions: No person who owns, operates or leases a heavy duty vehicle including a bus or truck, the motive power for which is provided by a diesel or nondiesel fueled engine or who owns, leases or occupies land and has the actual or apparent dominion or control over the operation of a heavy duty vehicle including a bus or truck present on such land, the motive power for which said heavy duty vehicle is provided by a diesel or non-diesel fueled engine, shall allow or permit the engine of such heavy duty vehicle to idle for more than five consecutive minutes when the heavy duty vehicle is not in motion, except as otherwise permitted by section 217-3.3 of this Subpart.

Title 24 of the New York City Administrative Code (NYCAC) § 24-163 

Section (a) and (f) (a) No person shall cause or permit the engine of a motor vehicle, other than a legally authorized emergency motor vehicle, to idle for longer than three minutes, except as provided in subdivision (f) of this section, while parking as defined in section one hundred twenty-nine of the vehicle and traffic law, standing as defined in section one hundred forty-five of the vehicle and traffic law, or stopping as defined in section one hundred forty-seven of the vehicle and traffic law, unless the engine is used to operate a loading, unloading or processing device. When the ambient temperature is in excess of forty degrees Fahrenheit, no person shall cause or permit the engine of a bus as defined in section one hundred four of the vehicle and traffic law to idle while parking, standing, or stopping (as defined above) at any terminal point, whether or not enclosed, along an established route.

(f) No person shall cause or permit the engine of a motor vehicle, other than a legally authorized emergency motor vehicle, to idle for longer than one minute if such motor vehicle is adjacent, as determined by rule, to any public school under the jurisdiction of the New York city department of education or to any non-public school that provides educational instruction to students in any grade from pre-kindergarten to the twelfth grade level, while parking as defined in section one hundred twenty-nine of the vehicle and traffic law, standing as defined in section one hundred forty-five of the vehicle and traffic law, or stopping as defined in section one hundred forty-seven of the vehicle and traffic law, unless the engine is used to operate a loading, unloading or processing device, and provided that idling of an engine of a school bus may be permitted to the extent necessary: (1) for mechanical work; (2) to maintain an appropriate temperature for passenger comfort; or (3) in emergency evacuations where necessary to operate wheelchair lifts. It shall be an affirmative defense that any such school was not easily identifiable as a school by signage or otherwise at the time a violation of this subdivision occurred.