New South Wales Consolidated Acts
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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 153I
Offence for harm to environmental or cultural value of declared land
153I Offence for harm to environmental or cultural value of declared land
(1) A person must not interfere with, damage, harm or disturb an environmental
or cultural value of land that is declared land. : Maximum penalty-- (a) for a
corporation--10,000 penalty units, or
(b) for an individual--5,000 penalty
units or imprisonment for 2 years, or both.
Note--: An offence against
subsection (1) committed by a corporation is an executive liability offence
attracting executive liability for a director or other person involved in the
management of the corporation--see section 175B.
(2) It is a defence to a
prosecution for an offence under subsection (1) if-- (a) the person proves
that the person did not know, because the declared land or environmental or
cultural value of the declared land was not published by operation of
section 153G(3), that the person was interfering with, damaging, harming or
disturbing an environmental or cultural value of declared land, or
(b) action
taken by the person was-- (i) carried out under a conservation action plan, or
(ii) an action that may be taken for the management of the declared land
prescribed by the regulations under section 153G(4), or
(c) action taken by
the person was carried out for, or as part of, an Aboriginal cultural
practice, or
(d) action taken by the person was necessary for the carrying
out of development in accordance with a development consent within the meaning
of the Environmental Planning and Assessment Act 1979 , or
(e) action taken
by the person was in accordance with an activity authorised by an approval
granted by a determining authority within the meaning of the
Environmental Planning and Assessment Act 1979 , Part 5 after compliance with
that Part, or
(f) action taken by the person is authorised or required to be
carried out under the Rural Fires Act 1997 .
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