Nature Conservation Amendment Act 2023 (ACT)

Nature Conservation Amendment Act 2023

A2023-56

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Definitions—div 6.1.2Section 127, new definition of prohibited fruit netting  2

5            New sections 138A and 138B  2

Schedule 1Magistrates Court (Nature Conservation Infringement Notices) Regulation 2015—Consequential amendment 5

Nature Conservation Amendment Act 2023

A2023-56

An Act to amend the Nature Conservation Act 2014, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Nature Conservation Amendment Act 2023.

2. Commencement

   This Act commences on a day fixed by the Minister by written notice.

   Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

   Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

3. Legislation amended

   This Act amends the Nature Conservation Act 2014.

   NoteThis Act also amends the Magistrates Court (Nature Conservation Infringement Notices) Regulation 2015 (see sch 1).

4. Definitions—div 6.1.2
   Section 127, new definition of prohibited fruit netting

   insert

   prohibited fruit netting means netting that has a mesh hole size greater than 5mm x 5mm when fully stretched.

5. New sections 138A and 138B

   in division 6.1.2, insert

138AOffence—use prohibited fruit netting

(1)A person commits an offence if—

(a)the person places netting on a plant; and

(b)the plant is on residential premises; and

(c)the netting is prohibited fruit netting.

Maximum penalty:  5 penalty units.

(2)A person commits an offence if—

(a)netting is on a plant; and

(b)the plant is on residential premises; and

(c)the person is the occupier of the premises; and

(d)the netting is prohibited fruit netting.

Maximum penalty:  5 penalty units.

(3)An offence against this section is a strict liability offence.

138BOffence—prohibited fruit netting retail display

(1)A person commits an offence if—

(a)the person displays netting for sale by retail; and

(b)the netting is prohibited fruit netting; and

(c)the person does not display the netting in accordance with the display requirements for prohibited fruit netting.

Maximum penalty:  10 penalty units.

(2)An offence against this section is a strict liability offence.

(3)For this section, the display requirements for prohibited fruit netting are as follows:

(a)the display must have a sign containing the following statement:

‘Use of this netting on residential properties is restricted in the ACT as it can lead to wildlife injury or death. Penalties may apply (Nature Conservation Act 2014, section 138A)’;

(b)the sign must be placed prominently so that it can be seen and read easily by a person at or near the display;

(c)the statement on the sign must be printed in—

(i)a colour that contrasts with the background colour of the sign; and

(ii)Arial bold typeface in not less than 50 point.

Schedule 1Magistrates Court (Nature Conservation Infringement Notices) Regulation 2015—Consequential amendment

(see s 3)

[1.1]Schedule 1, new items 2A to 2C

insert

2A	138A (1)	5	150
2B	138A (2)	5	150
2C	138B (1)	10	250

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 19 September 2023.

2. Notification

   Notified under the Legislation Act on 11 December 2023.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Nature Conservation Amendment Bill 2023, which was passed by the Legislative Assembly on 29 November 2023.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2023