New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 13.1

13.1 Maximum monetary penalty--Tier 1, Tier 2, Tier 3, Tier 4 or Tier 5

(1) If
"Tier 1" ,
"Tier 2" ,
"Tier 3" ,
"Tier 4" or
"Tier 5" is specified as the maximum monetary penalty at the end of a provision (or a number of provisions) of this Act, a person who contravenes or fails to comply with that provision (or those provisions) is guilty of an offence and liable to a monetary penalty not exceeding the relevant penalty specified in this section. If a period of imprisonment is also specified, the person is also liable to imprisonment not exceeding the period so specified.

Note : Section 14.10 provides that the regulations may create offences and impose a monetary penalty for an offence against the regulations not exceeding $5,500.

(2) The maximum monetary penalty for
"Tier 1" is--

(a) in the case of a corporation--

(i) $1,650,000, and

(ii) if this Act provides that an additional daily penalty applies to the offence--a further $165,000 for each day the offence continues, and

(iii) if this Act provides that an additional penalty for each animal or plant applies to the offence--a further $165,000 for each animal or whole plant to which the offence relates, or

(b) in the case of an individual--

(i) $330,000, and

(ii) if this Act provides that an additional daily penalty applies to the offence--a further $33,000 for each day the offence continues, and

(iii) if this Act provides that an additional penalty for each animal or plant applies to the offence--a further $33,000 for each animal or whole plant to which the offence relates.

(3) The maximum monetary penalty for
"Tier 2" is--

(a) in the case of a corporation--

(i) $660,000, and

(ii) if this Act provides that an additional daily penalty applies to the offence--a further $66,000 for each day the offence continues, and

(iii) if this Act provides that an additional penalty for each animal or plant applies to the offence--a further $66,000 for each animal or whole plant to which the offence relates, or

(b) in the case of an individual--

(i) $132,000, and

(ii) if this Act provides that an additional daily penalty applies to the offence--a further $13,200 for each day the offence continues, and

(iii) if this Act provides that an additional penalty for each animal or plant applies to the offence--a further $13,200 for each animal or whole plant to which the offence relates.

(4) The maximum monetary penalty for
"Tier 3" is--

(a) in the case of a corporation--

(i) $440,000, and

(ii) if this Act provides that an additional daily penalty applies to the offence--a further $44,000 for each day the offence continues, and

(iii) if this Act provides that an additional penalty for each animal or plant applies to the offence--a further $44,000 for each animal or whole plant to which the offence relates, or

(b) in the case of an individual--

(i) $88,000, and

(ii) if this Act provides that an additional daily penalty applies to the offence--a further $8,800 for each day the offence continues, and

(iii) if this Act provides that an additional penalty for each animal or plant applies to the offence--a further $8,800 for each animal or whole plant to which the offence relates.

(5) The maximum monetary penalty for
"Tier 4" is--

(a) in the case of a corporation--

(i) $110,000, and

(ii) if this Act provides that an additional daily penalty applies to the offence--a further $11,000 for each day the offence continues, and

(iii) if this Act provides that an additional penalty for each animal or plant applies to the offence--a further $11,000 for each animal or whole plant to which the offence relates, or

(b) in the case of an individual--

(i) $22,000, and

(ii) if this Act provides that an additional daily penalty applies to the offence--a further $2,200 for each day the offence continues, and

(iii) if this Act provides that an additional penalty for each animal or plant applies to the offence--a further $2,200 for each animal or whole plant to which the offence relates.

(6) The maximum monetary penalty for
"Tier 5" is $22,000.