Australian Capital Territory Current Acts

NATURE CONSERVATION ACT 2014 - SECT 130

    (1)     A person commits an offence if—

        (a)     the person engages in conduct; and

        (b)     the conduct causes the death of an animal; and

        (c)     the animal is a native animal.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (2)     A person commits an offence if—

        (a)     the person engages in conduct; and

        (b)     the conduct causes the death of an animal; and

        (c)     the animal—

              (i)     is a native animal; and

              (ii)     has special protection status.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

Note     Special protection status —see s 109.

    (3)     This section does not apply to a person if the death of the animal was caused—

        (a)     in circumstances in which the animal was a danger to the person; or

        (b)     by an accidental collision with a motor vehicle.

    (4)     This section does not apply to a person if—

        (a)     the animal is a fish that—

              (i)     has special protection status; or

              (ii)     is a protected native species; and

        (b)     the conduct constituting the offence is consistent with a native species conservation plan for the animal.

Example

The Murray cod is a nationally threatened species that is stocked in Canberra's lakes. Fishing for Murray cod in areas and at times identified in the native species conservation plan for Murray cod would not be an offence.

Note 1     Native species conservation plan , for a native species—see s 115.

Note 2     The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code

, s 58).

    (5)     A person also has the benefit of the chapter 6 exceptions for an offence against this section.

Note     The chapter 6 exceptions are set out in s 153.