Section 496C — Environment Protection and Biodiversity Conservation Act 1999: Criminal liability of landholders

(1) If: (a) a person (the actor) takes an action on an area of land that contravenes: (i) section 15A (Offences relating to declared World Heritage properties); or (ii) section 15C (Offences relating to National Heritage places); or (iii) section 17B (Offences relating to declared Ramsar wetlands); or (iv) section 18A (Offences relating to threatened species etc.); or (v) section 20A (Offences relating to listed migratory species); or (vi) section 22A (Offences relating to nuclear actions); or (vii) section 24A (Offences relating to marine areas); or (viia) section 24E (Offences relating to water resources); or (viii) section 27A (Offences relating to Commonwealth land); or (ix) section 142A (Offence of breaching conditions on approval); and (b) a landholder in relation to the area of land was reckless as to whether the contravention would occur; and (c) the landholder was in a position to influence the conduct of the actor in relation to the contravention at the time when the contravention occurred; and (d) the landholder failed to take all reasonable steps to prevent the contravention; the landholder commits an offence. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2) An offence against subsection (1) is punishable on conviction by imprisonment for the term specified in the provision contravened by the actor, a fine of the amount specified in that provision, or both. Note: 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 the provision.