Biodiversity Conservation Act 2016

A person must not disturb fauna unless the person has lawful authority to disturb it.

if the offence involves a cetacean — a fine of $500 000;

if the offence involves a critically endangered species that is not a cetacean — a fine of $500 000;

if the offence involves an endangered species that is not a cetacean — a fine of $400 000;

if the offence involves a vulnerable species that is not a cetacean — a fine of $300 000;

if the offence involves specially protected fauna that is not a cetacean — a fine of $200 000;

in any other case — a fine of $50 000.

Subsection (1) does not apply if the fauna is managed fauna.

It is a defence to a charge of an offence under subsection (1) involving fauna that is not a specially protected species or a threatened species to prove that the disturbance —

occurred in the course of a lawful activity the sole or dominant purpose of which was not to disturb fauna (other than fish or pearl oyster); and

could not reasonably have been avoided.

It is a defence to a charge of an offence under subsection (1) involving a specially protected species or a threatened species to prove that —

the disturbance —

occurred in the course of a lawful activity the sole or dominant purpose of which was not to disturb fauna (other than fish or pearl oyster); and

could not reasonably have been avoided;

the person charged did not know, and could not reasonably have known, that the species was present.