153IOffence for harm to environmental or cultural value of declared land

#### 153I Offence for harm to environmental or cultural value of declared land 153I Offence for harm to environmental or cultural value of declared land > > (1) A person must not interfere with, damage, harm or disturb an environmental or cultural value of land that is declared land. > > > > Maximum penalty— > > > > > (a) for a corporation—10,000 penalty units, or > > > > > (b) for an individual—5,000 penalty units or imprisonment for 2 years, or both. > > > > Note— > > > > An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 175B. > > > (2) It is a defence to a prosecution for an offence under subsection (1) if— > > > > > (a) the person proves that the person did not know, because the declared land or environmental or cultural value of the declared land was not published by operation of section 153G(3), that the person was interfering with, damaging, harming or disturbing an environmental or cultural value of declared land, or > > > > > (b) action taken by the person was— > > > > > > > (i) carried out under a conservation action plan, or > > > > > > > (ii) an action that may be taken for the management of the declared land prescribed by the regulations under section 153G(4), or > > > > > (c) action taken by the person was carried out for, or as part of, an Aboriginal cultural practice, or > > > > > (d) action taken by the person was necessary for the carrying out of development in accordance with a development consent within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or > > > > > (e) action taken by the person was in accordance with an activity authorised by an approval granted by a determining authority within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Part 5 after compliance with that Part, or > > > > > (f) action taken by the person is authorised or required to be carried out under the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065). > > **pt 12A (ss 153F–153I):** Ins 2021 No 47, Sch 1.1\[22\].