139Offence of contravening certain requirements of approvals, certificates or codes

#### 139 Offence of contravening certain requirements of approvals, certificates or codes 139 Offence of contravening certain requirements of approvals, certificates or codes > > (1) This clause applies to a requirement imposed on a person by a relevant instrument (whether or not described as a condition of the instrument) in connection with the clearing of native vegetation to which the relevant instrument applies (whether that requirement arises before, during or after the clearing). > > > (2) A person to whom a relevant instrument applies and who contravenes any such requirement of the instrument is guilty of an offence. > > > > Maximum penalty—100 penalty units. > > > (3) It is a defence to a prosecution for an offence against this clause if the person charged is not a landholder of the land to which the clearing relates and establishes that the person was not aware of the relevant instrument. > > > (4) If an act or omission constitutes an offence against this clause and an offence against section 60N of the Act, the person may not be convicted of both offences. > > > (5) In this clause— > > > > relevant instrument means— > > > > > (a) an approval to clear native vegetation granted by the Native Vegetation Panel, or > > > > > (b) a certificate issued by Local Land Services under section 60Y of the Act, or > > > > > (c) a provision of a land management (native vegetation) code. > > **pt 14, div 5 (cll 131–140):** Ins 2017 (445), Sch 2 \[2\].