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StatuteEnvironment Protection and Biodiversity Conservation Act 1999

Section 142 — Environment Protection and Biodiversity Conservation Act 1999: Compliance with conditions on approval

Text of the provision Official document

(1) A person whose taking of an action has been approved under this Part must not contravene any condition attached to the approval. Civil penalty: (a) for an individual—1,000 penalty units, or such lower amount as is prescribed by the regulations; (b) for a body corporate—10,000 penalty units, or such lower amount as is prescribed by the regulations. (1A) Subsection (1) does not apply to a person who is not the holder of the approval if: (a) the person was not informed of the condition; and (b) the person could not reasonably have been expected to be aware of the condition. Note: The defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3) of the Criminal Code. (2) A contravention of a condition attached to an approval under this Part does not invalidate the approval.

Official source: Federal Register of Legislation

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