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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 527A

Specimens

  (1)   For the purposes of this Act, a specimen is:

  (a)   an animal; or

  (b)   animal reproductive material; or

  (c)   the skin, feathers, horns, shell or any other part of an animal; or

  (d)   any article wholly produced by or from, or otherwise wholly derived from, a single animal; or

  (e)   a plant; or

  (f)   plant reproductive material; or

  (g)   any part of a plant; or

  (h)   any article wholly produced by or from, or otherwise wholly derived from, a single plant.

  (2)   However, a fossil, or a mineralised deposit, is not a specimen for the purposes of this Act.

  (3)   In any provision of this Act, references to a specimen are to be read as including references to an article that consists of, or is derived from:

  (a)   a specimen and material other than a specimen; or

  (b)   2 or more specimens; or

  (c)   2 or more specimens and material other than a specimen.

  (4)   If an article consists of, or is derived from, 2 or more specimens, either with or without any material other than a specimen, then this Act applies to and in relation to that article separately in so far as it consists of, or is derived from, each of those specimens.

  (5)   For the purposes of this Act:

  (a)   if a live animal (other than animal reproductive material) that was bred in captivity dies, the dead animal and specimens derived from the dead animal are taken to be specimens derived from that live animal; and

  (b)   if a live plant (other than plant reproductive material) that was artificially propagated dies, the dead plant and specimens derived from the dead plant are taken to be specimens derived from that live plant; and

  (c)   a specimen covered by paragraph   (1)(b), (c) or (d) is taken to be derived from the animal concerned; and

  (d)   a specimen covered by paragraph   (1)(f), (g) or (h) is taken to be derived from the plant concerned; and

  (e)   if a specimen is derived from an animal that belongs to a particular species or taxon, the specimen is taken to belong to that species or taxon; and

  (f)   if a specimen is derived from a plant that belongs to a particular species or taxon, the specimen is taken to belong to that species or taxon.

  (6)   In this section:

"this Act" does not include sections   356 and 390E.


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