Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_354a:p1
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 354A (pt 1/4)
Character Range: 392834–395497

354A  Offences relating to activities that may only be carried on under management plan

Causing death etc to native species or damage to heritage

 (1) A person commits an offence if:
 (a) the person takes an action; and
 (b) the action is taken in a Commonwealth reserve; and
 (c) the action:
 (i) results in the death, injury, taking, trade, keeping or moving of a member of a native species in the reserve; or
 (ii) results in damage to heritage in the reserve.

Penalty: Imprisonment for 2 years or 1,000 penalty units, or both.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

 (2) Strict liability applies:
 (a) to paragraph (1)(b); and
 (b) to the physical element of circumstance in paragraph (1)(c), that the member of the native species or the heritage is in the reserve.

Note: For strict liability, see section 6.1 of the Criminal Code.

Erection of buildings etc.

 (3) A person commits an offence if:
 (a) the person takes any of the following actions:
 (i) erecting a building or structure;
 (ii) carrying on an excavation;
 (iii) carrying out works; and
 (b) the action is taken in a Commonwealth reserve.

Penalty: Imprisonment for 2 years or 1,000 penalty units, or both.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

 (4) Strict liability applies to paragraph (3)(b).

Note: For strict liability, see section 6.1 of the Criminal Code.

Actions taken for commercial purposes

 (5) A person commits an offence if:
 (a) the person takes an action; and
 (b) the person takes the action for a commercial purpose; and
 (c) the action is taken in a Commonwealth reserve.

Penalty: Imprisonment for 2 years or 1,000 penalty units, or both.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

 (6) Paragraph (5)(b) states the fault element for paragraph (5)(a).

 (7) Strict liability applies to paragraph (5)(c).

Note: For strict liability, see section 6.1 of the Criminal Code.

Exception for actions in accordance with a management plan

 (8) Subsections (1), (3) and (5) do not