You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Contents (2016 - 63)
Skip to content
Biodiversity Conservation Act 2016 No 63
Current version for 1 July 2019 to date (accessed 20 September 2019 at 15:12)
Part 2 Division 1
Division 1 Offences
Notes.
 
1   
Division 2 provides defences in any proceedings for an offence under this Division.
2   
For civil enforcement—see Part 13.
2.1   Harming animals
(1)  A person who harms or attempts to harm:
(a)  an animal that is of a threatened species, or
(b)  an animal that is part of a threatened ecological community, or
(c)  a protected animal,
is guilty of an offence.
Maximum penalty (includes additional penalty for each animal):
(a)  in the case of an animal that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or community)—Tier 1 monetary penalty or imprisonment for 2 years, or both, or
(b)  in the case of an animal that is (or is part of) a vulnerable species or vulnerable ecological community—Tier 3 monetary penalty, or
(c)  in any other case—Tier 4 monetary penalty.
(2)  If the act that harms an animal is the clearing of native vegetation by or on behalf of a landholder on category 1-exempt land under Part 5A of the Local Land Services Act 2013, the person does not commit an offence under this section unless it is established that the person knew that the act would be likely to harm the animal.
2.2   Picking plants
(1)  A person who picks:
(a)  a plant that is of a threatened species, or
(b)  a plant that is part of a threatened ecological community, or
(c)  a protected plant,
is guilty of an offence.
Maximum penalty (includes additional penalty for each plant):
(a)  in the case of a plant that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or community)—Tier 1 monetary penalty or imprisonment for 2 years, or both, or
(b)  in the case of a plant that is (or is part of) a vulnerable species or vulnerable ecological community—Tier 3 monetary penalty, or
(c)  in any other case—Tier 4 monetary penalty.
(2)  In any prosecution for an offence under this section, proof that a plant was found in the possession of the person charged is prima facie evidence that the person picked the plant.
2.3   Damaging declared areas of outstanding biodiversity value
A person who damages a declared area of outstanding biodiversity value is guilty of an offence.
Maximum penalty: Tier 1 monetary penalty or imprisonment for 2 years, or both.
2.4   Damaging habitat of threatened species or ecological community
(1)  A person:
(a)  who damages any habitat of a threatened species or threatened ecological community, and
(b)  who knows that it is the habitat of any such species or community,
is guilty of an offence.
Maximum penalty: Tier 1 monetary penalty or imprisonment for 2 years, or both.
(2)  A person who damages habitat of a threatened species or threatened ecological community in the course of carrying out any unlawful activity is taken to know that it was habitat of that kind unless the person establishes that the person did not know that it was habitat of that kind.
2.5   Dealing in animals or plants
(1)  A person who deals in or attempts to deal in:
(a)  an animal or plant that is of a threatened species, or
(b)  an animal or plant that is part of a threatened ecological community, or
(c)  a protected animal or protected plant,
is guilty of an offence.
Maximum penalty (includes additional penalty for each animal or plant):
(a)  in the case of an animal or plant that is (or is part of) a threatened species or threatened ecological community (other than a vulnerable species or community)—Tier 1 monetary penalty or imprisonment for 2 years, or both, or
(b)  in the case of an animal or plant that is (or is part of) a vulnerable species or vulnerable ecological community—Tier 3 monetary penalty, or
(c)  in any other case—Tier 4 monetary penalty.
(2)  For the purposes of this section, a person deals in animals or plants if the person:
(a)  buys or sells the animals or plants, or
(b)  trades in animals or plants, or
(c)  imports into, or exports from, New South Wales the animals or plants, or
(d)  possesses the animals or plants.
(3)  This section applies to an animal or plant, whether or not it is a living animal or plant, and extends to a part of an animal or plant.
(4)  The regulations may exclude a dealing of a kind described in the regulations from the application of this section.
(5)  In this section:
buy, sell, trade, import or export includes:
(a)  advertise or hold out as being prepared to buy, sell, trade, import or export animals or plants, and
(b)  deliver or receive animals or plants for the purpose of their purchase, sale, trade, import or export.
possess has the same meaning as in section 7 of the Crimes Act 1900.
2.6   Liberating animals
(1)  A person who, without authority, liberates in New South Wales any animal (other than a captured protected animal) is guilty of an offence.
(2)  A person who, without authority, liberates a captured protected animal in a place other than the place of its capture is guilty of an offence.
(3)  In this section, without authority means without the authority conferred by a biodiversity conservation licence under Division 3 or by the regulations.
Maximum penalty: Tier 3 monetary penalty.
2.7   Protection of marine mammals
(1)  In this section:
marine mammal means an animal of the order of Cetacea, Sirenia or Pinnipedia.
(2)  The regulations may make provision for or with respect to the protection, care or preservation of marine mammals, including prohibiting or regulating:
(a)  approaching a marine mammal any closer than the distance prescribed by the regulations, or
(b)  interfering with or doing any other thing in relation to a marine mammal.
(3)  Any such regulation may impose a Tier 2 monetary penalty for an offence against any such regulation, and may impose a Tier 1 monetary penalty or imprisonment for 2 years, or both, for any such offence if the offence is committed in the course of commercial operations relating to the killing of marine mammals.
(4)  Any such regulation may provide that any action prohibited by the regulation in relation to marine mammals constitutes harming a marine mammal for the purposes of this Act.
(5)  A biodiversity conservation licence is not to be issued under Division 3 to authorise a person to harm or obtain a marine mammal for exhibition or other purposes unless the person issuing the licence is satisfied that it is necessary for genuine scientific or educational purposes or any other purpose connected with the conservation or protection of marine mammals.