Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 496B

  (1)   If:

  (a)   a person (the actor ) takes an action on an area of land that is a contravention of:

  (i)   a provision of Part   3 that is a civil penalty provision; or

  (ii)   section   142; and

  (b)   a landholder in relation to the area of land knew that, or was reckless or negligent as to whether, the contravention would occur; and

  (c)   the landholder was in a position to influence the conduct of the actor in relation to the contravention; and

  (d)   the landholder failed to take all reasonable steps to prevent the contravention;

the landholder contravenes this subsection.

  (2)   Subsection   (1) is a civil penalty provision. Under section   481, the Federal Court may order a landholder contravening subsection   (1) to pay a pecuniary penalty not more than the pecuniary penalty the Court could order the landholder to pay, if the landholder had contravened the civil penalty provision contravened by the actor.