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].