- (1)
- A person is guilty of an offence if:
- (a)
- the person takes an action; and
- (b)
- the action results or will result in a significant impact on:
- (i)
- a listed threatened species; or
- (ii)
- a listed threatened ecological community.
- Note: Chapter 2 of the Criminal Code sets out the general principles of
criminal responsibility.
- (2)
- A person is guilty of an offence if:
- (a)
- the person takes an action; and
- (b)
- the action is likely to have a significant impact on:
- (i)
- a listed threatened species; or
- (ii)
- a listed threatened ecological community;
and the person is reckless as to that fact.
- Note: Chapter 2 of the Criminal Code sets out the general principles of
criminal responsibility.
- (3)
- An offence against subsection (1) or (2) is punishable on conviction by
imprisonment for a term not more than 7 years, a fine not more than 420
penalty units, or both.
- Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body
corporate up to 5 times the maximum amount the court could fine a person under
this subsection.
Note 2: An executive officer of a body corporate convicted of an offence
against this section may also be guilty of an offence against section 495.
- (4)
- Subsections (1) and (2) do not apply to an action if:
- (a)
- the listed threatened species subject to the significant impact (or likely
to be subject to the significant impact) is:
- (i)
- a species included in the extinct category of the list under section 178;
or
- (ii)
- a conservation dependent species; or
- (b)
- the listed threatened ecological community subject to the significant
impact (or likely to be subject to the significant impact) is an ecological
community included in the vulnerable category of the list under section 181.
- Note 1: The defendant bears an evidential burden in relation to the matters in
this subsection. See subsection 13.3(3) of the Criminal Code .
Note 2: Section 19 sets out other defences. The defendant bears an evidential
burden in relation to the matters in that section too. See subsection 13.3(3)
of the Criminal Code .
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback