18AOffences relating to threatened species etc.

18A  Offences relating to threatened species etc.  (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.  (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.  (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.  (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.