What happens if I damage a protected plant or animal species without knowing it?

In Plain English

If you accidentally harm a protected plant or animal, you might still face consequences under the law. The Environment Protection and Biodiversity Conservation Act 1999 aims to protect threatened species and ecological communities. There are certain actions that are prohibited without approval, and if you take such an action that has or will have a significant impact on a listed threatened species or ecological community, you could face a civil penalty. Additionally, there are offences for actions that result or will result in a significant impact on a listed threatened species or ecological community. For some of these offences, "strict liability" applies, meaning you can be found guilty even if you didn't intend to cause harm or weren't aware that your actions would do so. Ignorance of the law or the presence of protected species doesn't automatically excuse you.

Detailed Explanation

The Environment Protection and Biodiversity Conservation Act 1999 outlines several scenarios where actions impacting threatened species or ecological communities are prohibited.

  • Civil Penalties:

    • Section 18 of the Environment Protection and Biodiversity Conservation Act 1999 states that a person must not take an action that has or will have a significant impact on a listed threatened species or ecological community. This applies to species listed as extinct in the wild, critically endangered, endangered, or vulnerable, as well as critically endangered or endangered ecological communities.
    • The penalties for contravening these provisions are civil penalties: 5,000 penalty units for an individual and 50,000 penalty units for a body corporate.

  • Offences:

    • Section 18A of the Environment Protection and Biodiversity Conservation Act 1999 outlines offences relating to threatened species and ecological communities.
    • A person commits an offence if they take an action that results or will result in a significant impact on a listed threatened species or ecological community.
    • A person also commits an offence if they take an action that is likely to have a significant impact on a listed threatened species or ecological community.
    • Importantly, strict liability applies to the element of the offence that the species is a listed threatened species or the community is a listed threatened ecological community. This means that the prosecution does not need to prove that the person knew the species was listed or that the community was a listed ecological community.
    • The punishment for these offences can be imprisonment for up to 7 years, a fine of up to 420 penalty units, or both.

The concept of "strict liability" is crucial here. As noted in the Environment Protection and Biodiversity Conservation Act 1999, strict liability applies to certain elements of the offences related to threatened species. This means that you can be found guilty even if you were unaware that the species was a listed threatened species or the community was a listed threatened ecological community.

It's important to note that the Environment Protection and Biodiversity Conservation Regulations 2025 outlines some exceptions, such as actions that are reasonably necessary to prevent a risk to human health or that occur because of an unavoidable accident (provided it wasn't due to negligence or recklessness).