Offence of clearing native vegetation contrary to this Part
26 Offence of clearing native vegetation contrary to this Part
A person must not clear native vegetation unless the clearance is in accordance with this Part.
Maximum penalty: A sum calculated at the prescribed rate for each hectare (or part of a hectare) of the land in relation to which the offence was committed or $100 000, whichever is greater.
Expiation fee: $750.
A person must not contravene or fail to comply with a condition attached to a consent granted under this Part.
Maximum penalty: A sum calculated at the prescribed rate for each hectare (or part of a hectare) of the land in relation to which the offence was committed or $100 000, whichever is greater.
Expiation fee: $750.
If a court convicts a person—
of an offence against subsection (1);
or
of an offence against subsection (2) where the effect of the contravention of or failure to comply with the condition that constitutes the offence is that native vegetation has been cleared without the consent of the Council, the
Council must, within the prescribed period, initiate civil proceedings under Division
2 in order to require the offender to make good the breach of this Act unless such proceedings have already been commenced, or an order has already been made, under that Division in relation to the matter, or the conviction is overturned on appeal.
In this section—
land in relation to which the offence was committed means—
land on which the vegetation is or was growing or is or was situated; and
land that has been, or will be, affected in any way (including by an increase in its value) by reason of the commission of the offence;
the prescribed period, in relation to the initiation of civil proceedings against an offender, means—
6 months after the time within which the offender may appeal against the relevant conviction; or
if an appeal is commenced—6 months after—
the appeal is dismissed, struck out or withdrawn; or
any questions raised by the appeal have been finally determined;
the prescribed rate means—
the amount (if any) per hectare by which the land in relation to which the offence was committed has increased in value as a direct result of the commission of the offence; or
$2 500, whichever is the greater.
In determining the amount by which the value of land has increased as the result of the commission of an offence under this section, no account may be taken of the possibility that the establishment of vegetation on the cleared land may be ordered under Division
2.
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