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s 65

Contravention of habitat conservation notice

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Part 4Critical habitat
Division 2Habitat conservation notices

65 Contravention of habitat conservation notice

(1)

A person who is bound by a habitat conservation notice must not contravene the notice.

Penalty for this subsection:

(a)

if the habitat conservation notice relates to habitat critical to the survival of a critically endangered species or critically endangered community — a fine of $500 000;

(b)

if the habitat conservation notice relates to habitat critical to the survival of an endangered species or endangered ecological community — a fine of $400 000;

(c)

if the habitat conservation notice relates to habitat critical to the survival of a vulnerable species or vulnerable ecological community — a fine of $300 000.

(2)

If an owner of land and an occupier of land are both bound by a habitat conservation notice, it is a defence to a charge against either of them of an offence under subsection (1) for the person charged to prove that the other person has complied with the notice.

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