PESTICIDES ACT 1999 - SECT 9 Material harm to endangered, vulnerable or protected animals

PESTICIDES ACT 1999 - SECT 9

9 Material harm to endangered, vulnerable or protected animals

(1) A person is guilty of an offence if the person wilfully or negligently uses a pesticide in a manner that materially harms--

(a) an animal that is a threatened species within the meaning of the Biodiversity Conservation Act 2016 , or

(b) any protected animal within the meaning of the Biodiversity Conservation Act 2016 .

: Maximum penalty--

(a) $2,000,000 in the case of a corporation, or

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

Note : An offence against subsection (1) 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 112.

(2) For the purposes of subsection (1), the following matters are taken to be relevant in determining whether the harm to any such animal is material--

(a) the number of animals harmed,

(b) the type of animals harmed,

(c) the local population of the type of animal harmed.

(3) Nothing in subsection (2) limits the matters that may be considered in determining whether harm to an animal that is a threatened species or to a protected animal is material.