Biodiversity Conservation Act 2016

Application to proved offences This Division applies where a court finds an offence against this Act or the regulations (or a native vegetation offence) proved.

Meaning of proved offences Without limiting the generality of subsection (1), a court finds an offence proved if—

the court convicts the offender of the offence, or

the court makes an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 against the offender in relation to the offence (in which case the order is not a punishment for the purposes of that section).

Definitions In this Division—

damage to the habitat of animals or plants, includes—

damage to a declared area of outstanding biodiversity value, and

any clearing of native vegetation that constitutes a native vegetation offence.

the court means the court that finds the offence proved.

the offender means the person who is found to have committed the offence.