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FORESTRY ACT 2012 - SECT 69SA
Offence of contravening requirements of approval
69SA Offence of contravening requirements of approval
(1) A person who contravenes a requirement imposed by an
integrated forestry operations approval is guilty of an offence. : Maximum
penalty-- (a) for an offence that was committed intentionally and that caused
or was likely to cause significant harm to the environment-- (i) in the case
of a corporation--$5 million, or
(ii) in the case of an individual--$1
million, or
(b) for any other offence-- (i) in the case of a corporation--$2
million, or
(ii) in the case of an individual--$500,000.
(2) This section
applies to requirements (however described) imposed on the Forestry
Corporation or on persons carrying out forestry operations and whether arising
before, during or after the carrying out of forestry operations.
(3) The
higher maximum penalty under this section does not apply unless-- (a) the
prosecution establishes (to the criminal standard of proof) that the offence
was committed intentionally and caused or was likely to cause significant harm
to the environment, and
(b) the court attendance notice or application
commencing the proceedings alleged that those factors applied to the
commission of the offence.
If any such allegation in the notice or application
is not established by the prosecution, the lower maximum penalty under this
section applies (whether or not the notice or application is amended).
(4)
This section does not operate to preclude the commission of an offence under
Part 5A of the Local Land Services Act 2013 , the Environmental Planning and
Assessment Act 1979 , the Protection of the Environment Operations Act 1997 ,
the Biodiversity Conservation Act 2016 or Part 7A of the
Fisheries Management Act 1994 in relation to the carrying out of
forestry operations.
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