NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 91AA Secretary may make stop work order

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 91AA

91AA Secretary may make stop work order

(1) If the Secretary is of the opinion that any action is being, or is about to be, carried out that is likely to significantly affect--

(a) protected fauna or native plants or their environment, or

(b) an Aboriginal object or Aboriginal place, or

(c) any other item of cultural heritage situated on land reserved under this Act,

the Secretary may order that the action is to cease and that no action, other than such action as may be specified in the order, is to be carried out with respect to that environment or in the vicinity of those items within a period of 40 days after the date of the order.

(1A) After the commencement of Part 11 of the Biodiversity Conservation Act 2016 , an order under this section may not be made in relation to protected fauna or native plants or their environment.

(2) An order takes effect on and from the date on which--

(a) a copy of the order is affixed in a conspicuous place in the environment or place the subject of the order, or

(b) the person performing or about to perform the action is notified that the order has been made,

whichever is the sooner.

(3) This section does not apply in relation to anything authorised to be done by or under--

(a) a licence granted under this Act or the Threatened Species Conservation Act 1995 , or

(b) the State Emergency and Rescue Management Act 1989 that is reasonably necessary in order to avoid a threat to life or property.

(3A) This section does not apply in relation to any thing authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.

(4) This section does not apply in relation to anything that is essential for the carrying out of--

(a) development in accordance with a development consent within the meaning of the Environmental Planning and Assessment Act 1979 , or

(b) an activity by a determining authority within the meaning of Part 5 of that Act if the determining authority has complied with that Part, or

(c) an activity in accordance with an approval of a determining authority within the meaning of Part 5 of that Act if the determining authority has complied with that Part, or

(d) a project approved under Part 3A of the Environmental Planning and Assessment Act 1979 , or

(e) State significant infrastructure approved under Part 5.1 of the Environmental Planning and Assessment Act 1979 .

(5) In this Division, a reference to action being, or about to be, carried out includes a reference to action that should be, but is not being, carried out and an order under this Division may be modified accordingly.

(6) A person must not--

(a) contravene an order under this section, or

(b) cause or permit another person to contravene such an order.

: Maximum penalty (subsection (6))--

(a) in the case of a corporation--10,000 penalty units and, in the case of a continuing offence, a further penalty of 1,000 penalty units for each day the offence continues, or

(b) in the case of an individual--1,000 penalty units and, in the case of a continuing offence, a further penalty of 100 penalty units for each day the offence continues.

Note : An offence against subsection (6) 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.