Environment Protection and Biodiversity Conservation Act 1999

A person commits an offence if:

the person takes an action; and

the person knows that the action significantly damages or will significantly damage critical habitat for a listed threatened species (except a conservation dependent species) or of a listed threatened ecological community; and

the critical habitat is registered critical habitat; and

the habitat is in or on a Commonwealth area.

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

This section does not apply in the circumstances described in section 197. A defendant bears an evidential burden in relation to those circumstances. See subsection 13.3(3) of the Criminal Code.

Strict liability applies to paragraphs (1)(ba) and (c).

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

The offence is punishable on conviction by imprisonment for not more than 2 years or a fine not exceeding 1,000 penalty units, or both.

To avoid doubt, this section does not affect the operation of Division 2, 3 or 4.