NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 90J
Failure to comply with conditions
NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 90J
Failure to comply with conditions
90J Failure to comply with conditions
(1) Offences If any condition of an Aboriginal heritage impact permit is
contravened by any person, the holder of the permit (or, if more than one
person holds the permit, each holder of the permit) is guilty of an offence.
(2) If any condition to which a suspension or revocation of, or the approval
of the surrender of, an Aboriginal heritage impact permit is subject is
contravened by any person, the holder of the permit or former permit (or, if
more than one person holds or held the permit or former permit, each holder of
the permit or former permit) is guilty of an offence.
: Maximum penalty
(subsections (1) and (2))--
(a) in the case of an individual--1,000 penalty
units or imprisonment for 6 months, or both and, in the case of a continuing
offence, a further penalty of 100 penalty units for each day the offence
continues, or
(b) in the case of a corporation--2,000 penalty units and, in
the case of a continuing offence, a further penalty of 200 penalty units for
each day the offence continues.
(a) the contravention of the condition was caused by another person,
and
(b) that other person was not associated with the holder at the time the
condition was contravened, and
(c) the holder took all reasonable steps to
prevent the contravention of the condition.
A person is associated with the
holder for the purposes of paragraph (b) (but without limiting any other
circumstances of association) if the person is an employee, agent, licensee,
contractor or sub-contractor of the holder.
Note : An offence against
subsection (1) or (2) committed by a corporation is an executive liability
offence attracting executive liability for a director or other person involved
in the management of the corporation--see section 175B.
