Section 18A — Environment Protection and Biodiversity Conservation Act 1999: Offences relating to threatened species etc.

(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: (i) a species; or (ii) an ecological community; and (c) the species is a listed threatened species, or the community is a listed threatened ecological community. 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: (i) a species; or (ii) an ecological community; and (c) the species is a listed threatened species, or the community is a listed threatened ecological community. 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) the listed threatened species subject to the significant impact (or likely to be subject to the significant impact) is: (i) a species included in the extinct category of the list under section 178; or (ii) a conservation dependent species; or (b) the listed threatened ecological community subject to the significant impact (or likely to be subject to the significant impact) is an ecological community included in the vulnerable category of the list under section 181. Note 1: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code. Note 2: Section 19 sets out other defences. The defendant bears an evidential burden in relation to the matters in that section too. See subsection 13.3(3) of the Criminal Code.