221OSecretary may make stop work order

#### 221O Secretary may make stop work order 221O Secretary may make stop work order > > (1) If the Secretary is of the opinion that any action is being, or is about to be, carried out that is likely to result in one or more of the following— > > > > > (a) harm to a threatened species, population or ecological community, > > > > > (b) damage to critical habitat, > > > > > (c) damage to habitats of threatened species, populations or ecological communities, > > > > the Secretary may order that the action is to cease and that no action, other than such action as may be specified in the order, is to be carried out in or in the vicinity of the critical habitat or the habitat of the threatened species, population or ecological community within a period of 40 days after the date of the order. > > > (2) An order takes effect on and from the date on which— > > > > > (a) a copy of the order is affixed in a conspicuous place in the critical habitat or other habitat the subject of the order, or > > > > > (b) the person performing or about to perform the action is notified that the order has been made, > > > > whichever is the sooner. > > > (3) This section does not apply in relation to anything that (under section 220ZF) constitutes a defence to an offence under Division 4. > > > (4) In this Division, a reference to action being, or about to be, carried out includes a reference to action that should be, but is not being, carried out and the Secretary may make an order, in accordance with this Division, that any such action is to be carried out. > > > (5) A person who does not comply with an order in force under this section is guilty of an offence and is liable, on conviction— > > > > > (a) in the case of a corporation, to a penalty not exceeding 2,000 penalty units and, in the case of a continuing offence, to a further penalty not exceeding 1,000 penalty units for each day the offence continues, or > > > > > (b) in the case of an individual, to a penalty not exceeding 1,000 penalty units and, in the case of a continuing offence, to a further penalty not exceeding 500 penalty units for each day the offence continues. > > **s 221O:** Ins 1997 No 153, Sch 1 \[9\]. Am 2001 No 104, Sch 1 \[31\].