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Contents (2016 - 63)
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Biodiversity Conservation Act 2016 No 63
Current version for 1 July 2019 to date (accessed 17 September 2019 at 23:12)
Part 11 Division 5 Section 11.27
11.27   Offence—contravention of biodiversity offsets enforcement order
(1)  A person who is given a biodiversity offsets enforcement order must not contravene the order.
Maximum penalty (includes additional daily penalty): Tier 2 monetary penalty.
Note.
 If the owner of a biodiversity stewardship site fails to comply with the order, that failure is also grounds for the cancellation or suspension of registration of the biodiversity stewardship agreement.
(2)  It is not an excuse for a failure to comply with a biodiversity offsets enforcement order that the person who is the subject of the order does not, at the time the order is made, hold a sufficient number of biodiversity credits to comply with the order.
Note.
 Division 6 of Part 6 enables a person who is required under this section to retire biodiversity credits to make a payment instead to the Biodiversity Conservation Fund of the value of the credits in accordance with the offsets payment calculator.
(3)  A court that finds a person guilty of an offence under this section may, in addition to or in substitution for any monetary penalty for the offence, by order direct the person to retire, in accordance with this Part, biodiversity credits of a specified number and class (if applicable) within a time specified in the order.