The National Parks and Wildlife Act 1974, Threatened Species Conservation Act 1995 (the TSC Act) and the Protection of the Environment Operations Act 1997 (PEO Act) vest protection and management of threatened species, populations and ecological communities and their habitat in the Director General of the NSW Department of Environment and Conservation (DEC).DEC fulfils this role through various means including advice, education, research, landscape planning, consultation and recovery planning. There are also occasions when DEC will use the enforcement tools available in the legislation to ensure threatened species are protected.
The decision to prosecute alleged offenders is discretionary. Factors that influence the decision to prosecute include the value of the prosecution as a deterrent to other offenders, the availability of evidence and the level of impact on the species, population or ecological community. In making this decision DEC will consider alternatives to prosecutions such as penalty notices, stop work orders, interim protection orders, warning letters or any combination of these other tools (see section below).
Who enforces compliance with threatened species legislation?
Threatened species legislation is enforced by DEC officers authorised by the Director General. Authorised DEC officers include, Operations Officers from the Environment Protection and Regulation Division, Regional Specialist Investigators, Rangers from the Parks Service Division and the centralised Specialist Investigation Unit. Police officers are also authorised to enforce threatened species legislation.
Authorised officers have extensive legal powers to identify, locate, obtain, or secure evidence relating to suspected offences under the National Parks and Wildlife Act 1974 (the NP&W Act). Chapter 7 of the Protection of the Environment Operations Act 1997also provides these officers with powers of entry, search, seizure, the power to compel persons to answer questions and provide assistance. Under this legislation, authorised officers also have the power to perform an arrest.
Threatened species compliance - Enforcement tools and penalties.
Prosecution penalties
If a person is convicted of a threatened species offence under the National Parks and Wildlife Act 1974 Part 8A they face criminal penalties of up to $220,000 and or two years in prison. In addition, if the case involves harming or picking threatened species, endangered populations or endangered ecological communities additional penalties of up to $11000 apply to each whole plant that was harmed or picked.
Rehabilitation order
If a person is convicted of a threatened species offence the Court may order a person to rehabilitate or mitigate the damage caused to habitat as a result of the commission of the offence. The Court may also order the offender to provide security to ensure the rehabilitation or mitigation order is carried out.
Injunction
The court may order an injunction to stop an activity that is causing harm or imminent harm to a threatened species, population, ecological community or their habitat. The injunction remains in place until the matter is resolved. Any breach of the injunction can result in the offender being held in contempt of court.
Interim Protection order
The Minister for the Environment may make an interim protection order for a period of up to two years over an area of land that has natural, scientific or cultural significance. The Minister may also make an interim protection order on land where the DEC Director-General intends to exercise functions relating to threatened species, critical habitat, or declared critical habitat under the NP&W or TSC Acts.
Stop Work Order
The Director-General of DEC may make a stop work order for a period of 40 days if an action is being, or is about to be carried out that would harm a threatened species, population or ecological community or it’s habitat. These orders can be renewed for 40-day periods as required.
Penalty Notice
A penalty infringement notice is a means of dealing with comparatively minor offences of the legislation or minor breaches of licences issued under the legislation. They are not issued for serious offences or offences which have caused significant harm. Penalty notices give an offender the option of paying a penalty and not having the matter heard in the Courts. Penalty notices of $500 for an individual and $1000 for a corporation may be issued for offences relating to vulnerable species and $1500 for an individual and $3000 for a corporation for all other threatened species offences.
Warning letter
A warning letter provides written feedback to licence holders or others when licence breaches or minor offences have been identified by DEC. The letter is a warning that environmental performance and compliance must be improved. The letter is also evidence of the compliance history of the offender and can be used as a basis for a higher-level enforcement response should offences be identified in the future.
Reporting Threatened Species Offences
If you believe you have any information of suspected offences being carried out in relation to a threatened species, populations and ecological communities or their habitat you can call the NSW State-wide ENVIRONMENT LINE on (toll free) 131555 (24 hours)
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