(c) at the time of commencing the activity, the person knew the activity required a cultural heritage management plan. S. 46(3) (3) A person who is guilty of an offence under inserted by subsection (2) is liable to a penalty not No. 11/2016 s. 40(3). exceeding— (a) in the case of a natural person, 240 penalty units; (b) in the case of a body corporate, 1200 penalty units. (4) A person is guilty of an offence if— S. 46(4) inserted by No. 11/2016 (a) the person commences an activity for which s. 40(3). a cultural heritage management plan is required under this Part; and (b) a cultural heritage management plan for the activity has not been approved under Division 5; and (c) at the time of commencing the activity, the person was reckless as to whether the activity required a cultural heritage management plan. S. 46(5) (5) A person who is guilty of an offence under inserted by subsection (4) is liable to a penalty not No. 11/2016 s. 40(3). exceeding— (a) in the case of a natural person, 120 penalty units; (b) in the case of a body corporate, 600 penalty units. (6) A person is guilty of an offence if— S. 46(6) inserted by No. 11/2016 (a) the person commences an activity for which s. 40(3). a cultural heritage management plan is required under this Part; and
(c) at the time of commencing the activity, the person knew the activity required a cultural heritage management plan. S. 46(3) inserted by No. 11/2016 s. 40(3). (3) A person who is guilty of an offence under subsection (2) is liable to a penalty not exceeding— (a) in the case of a natural person, 240 penalty units; (b) in the case of a body corporate, 1200 penalty units. S. 46(4) inserted by No. 11/2016 s. 40(3). (4) A person is guilty of an offence if— (a) the person commences an activity for which a cultural heritage management plan is required under this Part; and (b) a cultural heritage management plan for the activity has not been approved under Division 5; and (c) at the time of commencing the activity, the person was reckless as to whether the activity required a cultural heritage management plan. S. 46(5) inserted by No. 11/2016 s. 40(3). (5) A person who is guilty of an offence under subsection (4) is liable to a penalty not exceeding— (a) in the case of a natural person, 120 penalty units; (b) in the case of a body corporate, 600 penalty units. S. 46(6) inserted by No. 11/2016 s. 40(3). (6) A person is guilty of an offence if— (a) the person commences an activity for which a cultural heritage management plan is required under this Part; and
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