New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 2.1

2.1 Harming animals

(1) A person who harms or attempts to harm--

(a) an animal that is of a threatened species, or

(b) an animal that is part of a threatened ecological community, or

(c) a protected animal,

is guilty of an offence.

: Maximum penalty (includes additional penalty for each animal)--

(a) in the case of an animal that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or community)--Tier 1 monetary penalty or imprisonment for 2 years, or both, or

(b) in the case of an animal that is (or is part of) a vulnerable species or vulnerable ecological community--Tier 3 monetary penalty, or

(c) in any other case--Tier 4 monetary penalty.

(2) If the act that harms an animal is the clearing of native vegetation by or on behalf of a landholder on category 1-exempt land under Part 5A of the Local Land Services Act 2013 , the person does not commit an offence under this section unless it is established that the person knew that the act would be likely to harm the animal.