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 |