ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 142 Compliance with conditions on approval

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 142

  (1)   A person whose taking of an action has been approved under this Part   must not contravene any condition attached to the approval.

Civil penalty:  

  (a)   for an individual--1,000 penalty units, or such lower amount as is prescribed by the regulations;

  (b)   for a body corporate--10,000 penalty units, or such lower amount as is prescribed by the regulations.

  (1A)   Subsection   (1) does not apply to a person who is not the holder of the approval if:

  (a)   the person was not informed of the condition; and

  (b)   the person could not reasonably have been expected to be aware of the condition.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (1A). See subsection   13.3(3) of the Criminal Code .

  (2)   A contravention of a condition attached to an approval under this Part   does not invalidate the approval.