Duty of certain people to report occurrence of threatened species
43 Duty of certain people to report occurrence of threatened species
This section applies to a person who is carrying out field work for the purposes of —
an assessment under the Environmental Protection Act 1986 Part IV; or
complying with a requirement under the Environmental Protection Act 1986 section 51E(1)(d) or (1A) in relation to an application for a clearing permit.
If the person, in the course of carrying out the field work, finds an occurrence of a species that is a threatened species on land to which the work relates, the person must report its presence to the CEO.
Penalty for this subsection: a fine of $50 000.
A report under subsection (2) may be made orally or in writing.
It is a defence to a charge of an offence under subsection (2) to prove that the person charged did not know, and could not reasonably have known, that the occurrence found was an occurrence of a threatened species.
[Section 43 amended: No. 40 of 2020 s. 113(2).]
This Act’s bill:Explanatory memorandumSecond reading speech
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