(1)

A person must not kill, injure or take a member of a protected species.

Penalty:
50 penalty units.

(2)

An offence against subregulation (1) is a strict liability offence.

(3)

A person must not damage or destroy a nest or dwelling place of a member of a protected species.

Penalty:
50 penalty units.

(4)

However, this regulation does not apply to an action that:

(a)

is authorised by a permit in force under Part 17; or

(b)

is provided for by, and taken in accordance with, a declaration by the Director to which regulation 20.03 applies; or

(c)

is provided for by, and taken in accordance with, a management plan that is approved by the Minister in accordance with the criterion mentioned in regulation 9.04; or

(d)

is approved under Part 9 of the Act for subsection 23 (1) or (2), 24A (1), (2), (3) or (4), 26 (1) or (2) or 27A (1), (2), (3) or

(4)

of the Act; or

(e)

is:

(i)

in a class of actions declared by the Minister under section 33 of the Act not to require approval under Part 9 of the Act for subsection 23 (1) or (2), 24A (1), (2), (3) or (4), 26 (1) or (2) or 27A (1), (2),

(3)

or (4) of the Act; and

(ii)

is taken in accordance with a management plan that is an accredited management plan for the purposes of the declaration; or

(f)

is taken in a humane manner and is reasonably necessary to relieve or prevent suffering; or

(g)

is reasonably necessary to prevent a risk to human health; or

(h)

is taken by a Commonwealth agency, or an agency of a State or of a self-governing Territory and is reasonably necessary for law enforcement; or

(i)

is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or

(j)

occurs because of an unavoidable accident, other than an accident caused by negligent or reckless behaviour.