Section 17B — Environment Protection and Biodiversity Conservation Act 1999: Offences relating to declared Ramsar wetlands

(1) A person commits an offence if: (a) the person takes an action; and (b) the action results or will result in a significant impact on the ecological character of a wetland; and (c) the wetland is a declared Ramsar wetland. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (1A) Strict liability applies to paragraph (1)(c). Note: For strict liability, see section 6.1 of the Criminal Code. (2) A person commits an offence if: (a) the person takes an action; and (b) the action is likely to have a significant impact on the ecological character of a wetland; and (c) the wetland is a declared Ramsar wetland. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2A) Strict liability applies to paragraph (2)(c). Note: For strict liability, see section 6.1 of the Criminal Code. (3) An offence against subsection (1) or (2) is punishable on conviction by imprisonment for a term not more than 7 years, a fine not more than 420 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. (4) Subsections (1) and (2) do not apply to an action if: (a) an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or (b) Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or (ba) there is in force a determination under section 79E that the action may continue to be taken and the action is taken in accordance with the conditions (if any) specified in the determination; or (c) there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or (d) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process). Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.