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Environment Protection and Biodiversity Conservation Act 1999
142Compliance with conditions on approval
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142 Compliance with conditions on approval
(1) A person whose taking of an action has been approved under this Part must not contravene any condition attached to the approval.
(a) for an individual—1,000 penalty units, or such lower amount as is prescribed by the regulations;
(b) for a body corporate—10,000 penalty units, or such lower amount as is prescribed by the regulations.
(1A) Subsection (1) does not apply to a person who is not the holder of the approval if:
(a) the person was not informed of the condition; and
(b) the person could not reasonably have been expected to be aware of the condition.
Note: The defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3) of the Criminal Code.
(2) A contravention of a condition attached to an approval under this Part does not invalidate the approval.