220ZDDamage to habitat of threatened species, population or ecological community

#### 220ZD Damage to habitat of threatened species, population or ecological community 220ZD Damage to habitat of threatened species, population or ecological community > > (1) A person must not, by an act or omission, do anything that causes damage to any habitat (other than critical habitat) of a threatened species, population or ecological community if the person knows that the area concerned is habitat of that kind. > > > > Maximum penalty—1,000 penalty units or imprisonment for 1 year, or both. > > > (2) In proceedings for an offence under this section in respect of an act or an omission of a person that causes damage to any habitat (other than critical habitat) of a threatened species, population or ecological community, it is to be conclusively presumed that the person knew that the land concerned was habitat of that kind if it is established that— > > > > > (a) the act or omission occurred in the course of the carrying out of development or an activity for which development consent under Part 4 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or an approval to which Part 5 of that Act applies, was required but not obtained, or > > > > > (b) the act or omission constituted a failure to comply with any such development consent or approval. > > **s 220ZD:** Ins 1997 No 153, Sch 1 \[9\]. Am 2004 No 88, Sch 2 \[27\].