60NUnauthorised clearing of native vegetation in regulated rural areas—offence

60N Unauthorised clearing of native vegetation in regulated rural areas—offence

60N Unauthorised clearing of native vegetation in regulated rural areas—offence

(1) A person who clears native vegetation in a regulated rural area is guilty of an offence unless the person establishes any of the following defences—

(a) that the clearing is for an allowable activity authorised under Division 4 and Schedule 5A,

(b) that the clearing is authorised by a land management (native vegetation) code under Division 5,

(c) that the clearing is authorised by an approval of the Panel under Division 6,

(d) that the clearing is authorised under section 60O (Clearing authorised under other legislation etc),

(e) that the clearing is the carrying out of a forestry operation authorised under Part 5B (Private native forestry).

Maximum penalty—

(a) for an offence that was committed intentionally and that caused or was likely to cause significant harm to the environment—

(i) in the case of a corporation—$5 million, or

(ii) in the case of an individual—$1 million, or

(b) for any other offence—

(i) in the case of a corporation—$2 million, or

(ii) in the case of an individual—$500,000.

(1A) The defences under subsection (1) (a)–(c) do not apply if the clearing was the carrying out of a forestry operation in a State forest or other Crown-timber land to which an integrated forestry operations approval under Part 5B of the Forestry Act 2012 applies.

(2) The higher maximum penalty under this section does not apply unless—

(a) the prosecution establishes (to the criminal standard of proof) that the offence was committed intentionally and caused or was likely to cause significant harm to the environment, and

(b) the court attendance notice or application commencing the proceedings alleged that those factors applied to the commission of the offence.

If any such allegation in the notice or application is not established by the prosecution, the lower maximum penalty under this section applies (whether or not the notice or application is amended).