Biodiversity Conservation Act 2016

A person must not modify an occurrence of a threatened ecological community unless the person is authorised under section 45 to modify it and complies with the conditions, if any, to which the authorisation is subject.

if the offence involves a critically endangered ecological community — a fine of $500 000;

if the offence involves an endangered ecological community — a fine of $400 000;

if the offence involves a vulnerable ecological community — a fine of $300 000.

It is a defence to a charge of an offence under subsection (1) to prove that —

the modification of the occurrence of the threatened ecological community —

occurred in the course of a lawful activity the sole or dominant purpose of which was not to modify an ecological community; and

could not reasonably have been avoided;

the person charged did not know, and could not reasonably have known, that the occurrence of the threatened ecological community was present.

The defence in subsection (2) is not available if the modification of the occurrence of the threatened ecological community has resulted in the threatened ecological community becoming eligible for listing as a collapsed ecological community.