New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 2.18

2.18 Protected animals (unless excluded) to be property of the Crown

(1) In this section--

"excluded protected animal" means--

(a) a protected animal that is, at the time of birth, in the lawful possession of any person other than the Crown, or

(b) a protected animal imported into New South Wales, or

(c) a protected animal that was, before the commencement of the National Parks and Wildlife Act 1974 on 1 January 1975, lawfully taken or in the lawful possession of any person other than the Crown and that had not been liberated before 1 January 1975, or

(d) a protected animal of a class prescribed by the regulations for the purposes of this definition.

"protected animal" includes an animal of (or part of) a threatened species or threatened ecological community.

(2) A protected animal (other than an excluded protected animal) is, until lawfully captured or killed, deemed to be the property of the Crown.

(3) A protected animal is, when liberated in New South Wales, deemed to be the property of the Crown.

(4) A protected animal that is deemed by this section to be the property of the Crown does not cease to be the property of the Crown merely because a person other than the Crown--

(a) takes possession of it because it is incapable of fending for itself in its natural habitat, or

(b) takes or obtains it under and in accordance with a biodiversity conservation licence that declares that any animal so taken or obtained remains the property of the Crown.

(5) The progeny of any protected animal that was born at a time when the protected animal was in the possession of a person in the circumstances referred to in subsection (4) is, at the time of birth, deemed to be in the lawful possession of the Crown instead of that person.