Australian Capital Territory Current Acts

NATURE CONSERVATION ACT 2014 - SECT 238

    (1)     A person commits an offence if—

        (a)     the person clears native vegetation in a native vegetation area; and

        (b)     the native vegetation area is in a reserve.

Maximum penalty: 50 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     A person has the benefit of the chapter 9 exceptions for an offence against this section.

Note     The chapter 9 exceptions are set out in s 252.

    (4)     It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant took all reasonable steps to avoid committing the offence.

Note     The defendant has a legal burden in relation to the matters mentioned in s (4) (see Criminal Code

, s 59).