Environment Protection and Biodiversity Conservation Act 1999

A person whose taking of an action has been approved under this Part commits an offence if:

the person takes an action or omits to take an action; and

the action or omission contravenes a condition attached to the approval and the person is reckless as to that fact; and

the action or omission results or will result in a significant impact on a matter protected by a provision of Part 3.

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Strict liability applies to paragraph (1)(c).

For strict liability, see section 6.1 of the Criminal Code.

A person whose taking of an action has been approved under this Part commits an offence if:

the person takes an action or omits to take an action; and

the action or omission contravenes a condition attached to the approval and the person is reckless as to that fact; and

the action or omission is likely to have a significant impact on a matter protected by a provision of Part 3 and the person is reckless as to that fact.

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

An offence against subsection (1) or (3) is punishable on conviction by imprisonment for a term not more than 2 years, a fine not more than 1,000 penalty units, or both.

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.

An executive officer of a body corporate convicted of an offence against this section may also commit an offence against section 495.

If a person takes an action on land that contravenes this section, a landholder may commit an offence against section 496C.