Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 142B

  (1)   A person whose taking of an action has been approved under this Part   commits an offence if:

  (a)   the person takes an action or omits to take an action; and

  (b)   the action or omission contravenes a condition attached to the approval.

Penalty:   60 penalty units.

Note 1:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:   Subsection   4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

Note 3:   An executive officer of a body corporate convicted of an offence against this section may also commit an offence against section   495.

Note 4:   If a person takes an action on land that contravenes this section, a landholder may commit an offence against section   496C.

  (2)   Subsection   (1) does not apply to a person who is not the holder of the approval if:

  (a)   the person was not informed of the condition; and

  (b)   the person could not reasonably have been expected to be aware of the condition.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (2). See subsection   13.3(3) of the Criminal Code .

  (3)   Subsection   (1) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .