(1) A person commits an offence if the person—
(a) is subject to a restore excavation direction; and
(b) fails to comply with the direction.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
(3) This section does not apply to a person if the person takes reasonable steps to restore the excavation site and its surroundings as far as possible to their former state.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).