Under the Native Vegetation Act 2003, the conduct of a director of a landholder private company in causing or permitting clearing of native vegetation is attributable to the company where the conduct is in furtherance of the company's interests or not against them. An offence against s 12 of the Act is one of strict liability, attracting vicarious liability principles. In a small private company where one director is the sole active manager of the company's only asset (land), that director's conduct in managing the land constitutes the directing mind and will of the company for that purpose.
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