60ZZAOffence of contravening requirements of plan or code of practice

#### 60ZZA Offence of contravening requirements of plan or code of practice 60ZZA Offence of contravening requirements of plan or code of practice > > (1) A person who contravenes a requirement imposed by a private native forestry plan or by an applicable private native forestry code of practice is guilty of an offence. > > > > 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. > > > (2) This section applies to requirements (however described) imposed on relevant landholders or on persons carrying out forestry operations and whether arising before, during or after the carrying out of forestry operations. > > > (3) 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). > > > (4) This section does not operate to preclude the commission of an offence under Part 5A, the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) or Part 7A of the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038) in relation to the carrying out of forestry operations. > > Note. > > Section 122 (2) of the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156) provides a defence to the offence of polluting waters under that Act if the act was the carrying out of a forestry operation authorised by a private native forestry plan and was carried out in accordance with that plan and the applicable private native forestry code of practice. A similar defence applies to an offence relating to the protection of animals and plants under Part 2 of the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) (section 2.8 (1) (h)) and of fish under Part 7A of the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038) (section 220ZF (1) (b3) and (b4)). > > **pt 5B, divs 1–4 (ss 60ZQ–60ZZC):** Ins 2018 No 40, Sch 1 \[8\].