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, 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].