Australian Capital Territory Current Acts

NATURE CONSERVATION ACT 2014 - SECT 131

    (1)     A person commits an offence if—

        (a)     the person engages in conduct; and

        (b)     the conduct causes injury to an animal; and

        (c)     the animal is a native animal.

Maximum penalty: 50 penalty units.

    (2)     A person commits an offence if—

        (a)     the person engages in conduct; and

        (b)     the conduct places an animal in danger of injury or death; and

        (c)     the animal is a native animal.

Maximum penalty: 50 penalty units.

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

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

        (b)     by an accidental collision.

    (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.

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.