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s 53

Certain visitors to be informed of threatened species or threatened ecological community

In force
Part 3Threatened species and threatened ecological communities
Division 3General provisions

53 Certain visitors to be informed of threatened species or threatened ecological community

(1)

In this section —

relevant community means the threatened ecological community to which the notice or notification referred to in subsection (2)(a) relates;

relevant species means the threatened species to which the notice or notification referred to in subsection (2)(a) relates.

(2)

This section applies to an owner or occupier of land if —

(a)

a notice is given to the owner or occupier under section 50(1) in respect of the land or a register or record in respect of the land contains an endorsement or notation relating to a notification lodged under section 51(2); and

(b)

the owner or occupier permits, either generally or in a particular case, another person to have access to the land or knows that another person will have access to the land; and

(c)

the owner or occupier knows that the activities of the other person on the land are likely to result in —

(i)

the taking of the relevant species in contravention of section 150(1) or 173(1) or (2); or

(ii)

the modification of the relevant community in contravention of section 48(1).

(3)

The owner or occupier must take all steps that are reasonably available to the owner or occupier to inform the other person of the presence of the relevant species or relevant community on the land.

Penalty for this subsection: a fine of $20 000.

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Section 53 — Certain visitors to be informed of threatened species or threatened ecological community — Biodiversity Conservation Act 2016 (Western Australia) — Barrister AI