s 17B

Offences relating to declared Ramsar wetlands

In force

(1)

A person commits an offence if:

(a)

the person takes an action; and

(b)

the action results or will result in a significant impact on the ecological character of a wetland; and

(c)

the wetland is a declared Ramsar wetland.

Note:

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

(1A)

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

Note:

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

(2)

A person commits an offence if:

(a)

the person takes an action; and

(b)

the action is likely to have a significant impact on the ecological character of a wetland; and

(c)

the wetland is a declared Ramsar wetland.

Note:

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

(2A)

Strict liability applies to paragraph (2)(c).

Note:

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

(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 commit an offence against section 495.

Note 3:

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

(4)

Subsections (1) and (2) do not apply to an action if:

(a)

an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

(b)

Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

(ba)

there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or

(c)

there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

(d)

the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).

Note:

The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.

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