FORESTRY ACT 2012 - SECT 69SA Offence of contravening requirements of approval

FORESTRY ACT 2012 - SECT 69SA

69SA Offence of contravening requirements of approval

(1) A person who contravenes a requirement imposed by an integrated forestry operations approval is guilty of an offence.

: Maximum penalty--

(a) for an offence that was committed intentionally and that caused or was likely to cause significant harm to the environment--

(i) in the case of a corporation--$5 million, or

(ii) in the case of an individual--$1 million, or

(b) for any other offence--

(i) in the case of a corporation--$2 million, or

(ii) in the case of an individual--$500,000.

(2) This section applies to requirements (however described) imposed on the Forestry Corporation or on persons carrying out forestry operations and whether arising before, during or after the carrying out of forestry operations.

(3) The higher maximum penalty under this section does not apply unless--

(a) the prosecution establishes (to the criminal standard of proof) that the offence was committed intentionally and caused or was likely to cause significant harm to the environment, and

(b) the court attendance notice or application commencing the proceedings alleged that those factors applied to the commission of the offence.

If any such allegation in the notice or application is not established by the prosecution, the lower maximum penalty under this section applies (whether or not the notice or application is amended).

(4) This section does not operate to preclude the commission of an offence under Part 5A of the Local Land Services Act 2013 , the Environmental Planning and Assessment Act 1979 , the Protection of the Environment Operations Act 1997 , the Biodiversity Conservation Act 2016 or Part 7A of the Fisheries Management Act 1994 in relation to the carrying out of forestry operations.