Section 142A — Environment Protection and Biodiversity Conservation Act 1999: Offence of breaching conditions on approval

(1) A person whose taking of an action has been approved under this Part commits an offence if: (a) the person takes an action or omits to take an action; and (b) the action or omission contravenes a condition attached to the approval and the person is reckless as to that fact; and (c) the action or omission results or will result in a significant impact on a matter protected by a provision of Part 3. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2) Strict liability applies to paragraph (1)(c). Note: For strict liability, see section 6.1 of the Criminal Code. (3) A person whose taking of an action has been approved under this Part commits an offence if: (a) the person takes an action or omits to take an action; and (b) the action or omission contravenes a condition attached to the approval and the person is reckless as to that fact; and (c) the action or omission is likely to have a significant impact on a matter protected by a provision of Part 3 and the person is reckless as to that fact. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (4) An offence against subsection (1) or (3) is punishable on conviction by imprisonment for a term not more than 2 years, a fine not more than 120 penalty units, or both. Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection. Note 2: An executive officer of a body corporate convicted of an offence against this section may also commit an offence against section 495. Note 3: If a person takes an action on land that contravenes this section, a landholder may commit an offence against section 496C.