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Biodiversity Conservation Regulation 2017
Schedule 1Penalty notice offences
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# Schedule 1 Penalty notice offences
Schedule 1 Penalty notice offences
(clause 13.1)
For the purposes of section 13.5 of the Act—
> (a) each offence specified in this Schedule is a penalty notice offence for which a penalty notice may be issued, and
> (b) the amount payable under any such penalty notice is the amount specified in this Schedule for the offence, and
> (c) an authorised officer under Part 12 of the Act may issue any such penalty notice.
| Column 1 | Column 2 | Column 3 |
| Provision | Penalty—corporations | Penalty—individuals |
| Offences under the Act |
| Section 2.1 [in the case of an animal that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or vulnerable ecological community)] | $16,500 | $3,300 |
| Section 2.1 [in the case of an animal that is (or is part of) a vulnerable species or vulnerable ecological community] | $4,400 | $880 |
| Section 2.1 [in any other case] | $1,100 | $300 |
| Section 2.2 [in the case of a plant that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or community)] | $16,500 | $3,300 |
| Section 2.2 [in the case of a plant that is (or is part of) a vulnerable species or vulnerable ecological community] | $4,400 | $880 |
| Section 2.2 [in any other case] | $1,100 | $300 |
| Section 2.3 | $16,500 | $3,300 |
| Section 2.4 | $16,500 | $3,300 |
| Section 2.5 [in the case of an animal or plant that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or vulnerable ecological community)] | $16,500 | $3,300 |
| Section 2.5 [in the case of an animal or plant that is (or is part of) a vulnerable species or vulnerable ecological community)] | $4,400 | $880 |
| Section 2.5 [in any other case] | $1,100 | $300 |
| Section 2.6 | $4,400 | $880 |
| Section 2.14(4) [in the case of an animal or plant that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or vulnerable ecological community)] | $16,500 | $3,300 |
| Section 2.14(4) [in the case of an animal or plant that is (or is part of) a vulnerable species or vulnerable ecological community)] | $4,400 | $880 |
| Section 2.14(4) [in any other case] | $1,100 | $300 |
| Section 5.18(6) | $16,500 | $3,300 |
| Section 6.29(2) | $16,500 | $3,300 |
| Section 11.5 | $16,500 | $3,300 |
| Section 11.12 | $16,500 | $3,300 |
| Section 11.22 | $6,600 | $1,320 |
| Section 11.27 | $6,600 | $1,320 |
| Section 11.36 [in the case of an animal that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or vulnerable ecological community)] | $6,600 | $1,320 |
| Section 11.36 [in the case of an animal that is (or is part of) a vulnerable species or vulnerable ecological community] | $4,400 | $880 |
| Section 11.36 [in any other case] | $1,100 | $220 |
| Section 12.22(1) | $6,600 | $1,320 |
| Section 12.22(2) | $1,100 | $220 |
| Section 12.22(3) | $16,500 | $3,300 |
| Section 12.22(4) | $16,500 | $3,300 |
| Section 12.22(5) | $16,500 | $3,300 |
| Section 12.22(6) | $6,600 | $1,320 |
| Section 13.10 | $16,500 | $3,300 |
| Offences under this Regulation |
| Clause 2.2 (Interfering with marine mammals) | $6,600 (or $16,500 if offence committed in the course of a commercial operation) | $1,320 (or $3,300 if offence committed in the course of a commercial operation) |
| Clause 2.3 (Approaching marine mammals) | $6,600 (or $16,500 if offence committed in the course of a commercial operation) | $1,320 (or $3,300 if offence committed in the course of a commercial operation) |
| Clause 2.4 (Operation of prohibited vessels approached by marine mammals) | $6,600 (or $16,500 if offence committed in the course of a commercial operation) | $1,320 (or $3,300 if offence committed in the course of a commercial operation) |
| Clause 2.5 (Operation of vessels that are not prohibited vessels) | $6,600 (or $16,500 if offence committed in the course of a commercial operation) | $1,320 (or $3,300 if offence committed in the course of a commercial operation) |
| Clause 2.6 (Operation of aircraft in vicinity of marine mammals) | $6,600 (or $16,500 if offence committed in the course of a commercial operation) | $1,320 (or $3,300 if offence committed in the course of a commercial operation) |
| Clause 2.7 (Feeding marine mammals) | $6,600 (or $16,500 if offence committed in the course of a commercial operation) | $1,320 (or $3,300 if offence committed in the course of a commercial operation) |
| Clause 2.8 (Swimming with whales, dolphins or dugongs) | $6,600 (or $16,500 if offence committed in the course of a commercial operation) | $1,320 (or $3,300 if offence committed in the course of a commercial operation) |
| Clause 2.38 (Offences relating to registration, tagging and record keeping) | $1,100 | $300 |
| Clause 2.39 (Prohibition on breeding native waterfowl with non-native waterfowl) | $1,100 | $220 |
| Division 3.2 (Little Penguin declared area) | $1,100 | $500 |
| Division 3.3 (Wollemi Pine declared area) | $1,100 | $500 |
| Offences under Part 5A of Local Land Services Act 2013 |
| Section 60N [in relation to land to which section 60K(9) applies] | $4,400 | $880 |
| Section 60N [in any other case] | $15,000 | $5,000 |
| Section 60X(1) | $1,100 | $220 |
| Section 60ZC(6) | $15,000 | $3,300 |
| Offences under Regulations under Part 5A of Local Land Services Act |
| Clause 139 (Offence of contravening certain requirements of approvals or certificates) | $2,200 | $440 |
| Offences under Part 5B of Local Land Services Act 2013 |
| Section 60ZZA | $15,000 | $5,000 |
| Offences under Part 5B of Forestry Act 2012 |
| Section 69SA | $15,000 | $5,000 |
**sch 1:** Am 2018 No 40, Sch 3.2.