New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 13.29

13.29 Responsibility of landholder for activities carried out on the land

(1) In any criminal or civil proceedings under this Act, the landholder of any land on which an offence or contravention is alleged to have occurred is taken to have carried out the activity constituting the alleged offence or contravention unless it is established that--

(a) the activity was carried out by another person, and

(b) the landholder did not cause or permit the other person to carry out the activity.

(2) This section does not prevent proceedings being taken against the person who actually carried out the activity.

(3) This section does not apply to an offence under section 2.5 (Dealing in animals or plants) or any other offence excluded by the regulations.