Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_496b
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 496B
Character Range: 489399–490345

496B  Civil penalties for landholders

 (1) If:
 (a) a person (the actor) takes an action on an area of land that is a contravention of:
 (i) a provision of Part 3 that is a civil penalty provision; or
 (ii) section 142; and
 (b) a landholder in relation to the area of land knew that, or was reckless or negligent as to whether, the contravention would occur; and
 (c) the landholder was in a position to influence the conduct of the actor in relation to the contravention; and
 (d) the landholder failed to take all reasonable steps to prevent the contravention;
the landholder contravenes this subsection.

 (2) Subsection (1) is a civil penalty provision. Under section 481, the Federal Court may order a landholder contravening subsection (1) to pay a pecuniary penalty not more than the pecuniary penalty the Court could order the landholder to pay, if the landholder had contravened the civil penalty provision contravened by the actor.