Environment Protection and Biodiversity Conservation Act 1999

If:

a person (the actor) takes an action on an area of land that is a contravention of:

a provision of Part 3 that is a civil penalty provision; or

section 142; and

a landholder in relation to the area of land knew that, or was reckless or negligent as to whether, the contravention would occur; and

the landholder was in a position to influence the conduct of the actor in relation to the contravention; and

the landholder failed to take all reasonable steps to prevent the contravention;

Subsection (1) is a civil penalty provision. Under section 481, the Federal Court may order a landholder contravening subsection (1) to pay a pecuniary penalty not more than the pecuniary penalty the Court could order the landholder to pay, if the landholder had contravened the civil penalty provision contravened by the actor.