Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 142B

             (1)  A person whose taking of an action has been approved under this Part is guilty of an offence if:

                     (a)  the person takes an action or omits to take an action; and

                     (b)  the action or omission contravenes a condition attached to the approval.

Penalty:  60 penalty units.

Note 1:       Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:       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 3:       An executive officer of a body corporate convicted of an offence against this section may also be guilty of an offence against section 495.

Note 4:       If a person takes an action on land that contravenes this section, a landholder may be guilty of an offence against section 496C.

             (2)  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 (2). See subsection 13.3(3) of the Criminal Code .

             (3)  Subsection (1) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .