Australian Capital Territory Consolidated Acts

NATURE CONSERVATION ACT 1980 - SECT 78

    (1)     A person commits an offence if—

        (a)     the person clears native vegetation in a reserved area; and

        (b)     the clearing causes material harm to the area; and

        (c)     the person is reckless about whether—

              (i)     the vegetation is native vegetation; and

              (ii)     the area cleared is in a reserved area; and

              (iii)     the clearing causes material harm to the reserved area.

Maximum penalty: 1 000 penalty units, imprisonment for 2 years or both.

    (2)     A person commits an offence if—

        (a)     the person clears native vegetation in a reserved area; and

        (b)     the clearing causes material harm to the area; and

        (c)     the person is negligent about whether—

              (i)     the vegetation is native vegetation; and

              (ii)     the area cleared is in a reserved area; and

              (iii)     the clearing causes material harm to the reserved area.

Maximum penalty: 750 penalty units, imprisonment for 1 year or both.

    (3)     A person commits an offence if—

        (a)     the person clears native vegetation in a reserved area; and

        (b)     the clearing causes material harm to the area.

Maximum penalty: 500 penalty units.

    (4)     An offence against subsection (3) is a strict liability offence.

    (5)     It is a defence to a prosecution for an offence against subsection (3) if the defendant proves that the defendant took all reasonable steps to avoid committing the offence.