Biodiversity Conservation Act 2016

The Minister may, by order in writing, require a party to a biodiversity certification to rectify any failure to comply with the approved conservation or other measures under the biodiversity certification—

by implementing any of the approved measures within a time specified in the order, or

by implementing any equivalent conservation measures within a time specified in the order.

If a party to a biodiversity certification fails to comply with the order within the specified time, or any further time allowed by the Minister, the Minister may, by order in writing, require the party to pay to the Minister a specified penalty.

The penalty is to be the amount the Minister considers reasonable to cover the costs of implementing the relevant approved measures or equivalent conservation measures.

A penalty imposed under this section may be recovered by the Minister as a debt due to the Crown in any court of competent jurisdiction.

This section does not limit the power of the Minister to suspend, revoke or modify biodiversity certification for a failure to comply with the approved measures under a biodiversity certification.