Commonwealth Consolidated Acts

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.