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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 156A
Offence of damaging reserved land
156A Offence of damaging reserved land
(1) A person must not, on or in land reserved under this Act or acquired under
Part 11-- (a) remove any water other than for purposes authorised by or under
any Act or for the purposes of personal use on the land, or
(b) damage or
remove any vegetation, rock, soil, sand, stone or similar substance, or
(c)
damage any object or place of cultural value, or
(d) cause or permit any
removal or damage referred to in paragraph (a), (b) or (c).
: Maximum
penalty-- (a) in the case of a corporation--10,000 penalty units, or
(b) in
the case of an individual--1,000 penalty units or 6 months imprisonment, 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 the accused proves that the removal or damage concerned--
(a) was done in accordance with the consent of the Secretary or of a person or
body that has the care, control and management of the land concerned under
this Act, or
(b) was authorised to be done, and was done in accordance with,
a licence under this Act or a licence granted under the
Threatened Species Conservation Act 1995 , or
(c) was essential for the
carrying out of-- (i) development in accordance with a development consent
within the meaning of the Environmental Planning and Assessment Act 1979 , or
(ii) an activity, whether by a determining authority or pursuant to an
approval of a determining authority within the meaning of Part 5 of that Act
if the determining authority has complied with that Part, or
(iii) a project
approved under Part 3A of the Environmental Planning and Assessment Act 1979
, or
(iv) State significant infrastructure approved under Part 5.1 of the
Environmental Planning and Assessment Act 1979 , or
(d) was authorised to be
done by or under Part 2 of the Rural Fires Act 1997 , the State Emergency and
Rescue Management Act 1989 or the State Emergency Service Act 1989 and was
reasonably necessary in order to avoid a threat to life or property.
(3) It
is a defence to a prosecution for an offence under subsection (1) if the
offence relates to the damage of an object or place of cultural value and the
accused proves that he or she did not know, and could not reasonably have
known, that the object or place concerned had cultural value.
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