New South Wales Consolidated Acts

FORESTRY ACT 2012 - SECT 68

68 Offences relating to hunting and using firearms or other weapons

(1916 Act, s 32C)

(1) A person must not--

(a) possess or discharge a firearm in a forestry area, or

(b) possess, place or use a net, trap, snare, hunting device, poison or explosive in a forestry area, or

(c) discharge a firearm into a forestry area, or

(d) take, kill, hunt, shoot, poison, net, snare, spear, capture, lure or injure an animal in a forestry area, or

(e) cause or permit any of the things referred to in paragraphs (a)-(d) to be done.

: Maximum penalty--50 penalty units or imprisonment for 6 months, or both.

(2) A person does not commit an offence under this section by reason of the person's doing any of the things referred to in subsection (1)--

(a) under and in accordance with a forest permit or forest lease, or

(b) under and in accordance with a prescribed Crown tenure, or

(c) under the authority conferred by a restricted game hunting licence under the Game and Feral Animal Control Act 2002 , or

(d) in carrying out the person's duties as an employee of the land manager of the forestry area, or

(e) with the consent of the land manager of the forestry area, or

(f) in the case where the offence involves a snake--unless it is proved that there were no grounds on which the person could reasonably have believed at any time that the snake was endangering, or was likely to endanger, any person or property.

(3) In this section--

"animal" includes a bird or reptile but does not include a fish.

"firearm" includes any weapon that is capable of propelling a projectile, whether by use of an explosive or by other means.