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Contents (1995 - 101)
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Threatened Species Conservation Act 1995 No 101
Current version for 14 July 2017 to date (accessed 22 July 2017 at 20:35)
Part 7 Division 1 Section 114
114   Chief Executive may make stop work order
(1)  If the Chief Executive is of the opinion that any action is being, or is about to be, carried out that is likely to result in one or more of the following:
(a)  harm to a threatened species, population or ecological community (so far as animals are concerned),
(b)  picking of a threatened species, population or ecological community (so far as plants are concerned),
(c)  damage to critical habitat,
(d)  damage to habitats of threatened species, populations or ecological communities,
the Chief Executive may order that the action is to cease and that no action, other than such action as may be specified in the order, is to be carried out in or in the vicinity of the critical habitat or the habitat of the threatened species, population or ecological community within a period of 40 days after the date of the order.
(2)  An order takes effect on and from the date on which:
(a)  a copy of the order is affixed in a conspicuous place in the critical habitat or other habitat the subject of the order, or
(b)  the person performing or about to perform the action is notified that the order has been made,
whichever is the sooner.
(3)  This section does not apply in relation to anything authorised to be done by or under:
(a)  a licence granted under this Act or the National Parks and Wildlife Act 1974, or
(b)  the State Emergency and Rescue Management Act 1989 that is reasonably necessary in order to avoid a threat to life or property.
(3A)  This section does not apply in relation to any thing authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.
(4)  This section does not apply in relation to anything that is essential for the carrying out of:
(a)  development in accordance with a development consent within the meaning of the Planning Act, or
(a1)  clearing of native vegetation as authorised by a property vegetation plan approved under the Native Vegetation Act 2003, being clearing that had the benefit of biodiversity certification of the native vegetation reform package under Division 4 of Part 7 when the plan was approved, or
(a2)  State significant infrastructure approved under Part 5.1 of the Planning Act, or
(b)  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.
(5)  In this Division, a reference to action being, or about to be, carried out includes a reference to action that should be, but is not being, carried out and the Chief Executive may make an order, in accordance with this Division, that any such action is to be carried out.
(6)  A person must not contravene an order under this section.
Maximum penalty (subsection (6)):
(a)  in the case of a corporation—10,000 penalty units and, in the case of a continuing offence, a further penalty of 1,000 penalty units for each day the offence continues, or
(b)  in the case of an individual—1,000 penalty units and, in the case of a continuing offence, a further penalty of 100 penalty units for each day the offence continues.
Note.
 An offence against subsection (6) 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 152.