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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 171
Authority to harm or pick
171 Authority to harm or pick
(1) The Secretary may authorise any person-- (a) to harm-- (i) animals within
a national park, historic site, nature reserve, karst conservation reserve,
state conservation area, regional park, Aboriginal area, wildlife refuge or
conservation area, or
(ii) protected fauna outside a park, site, reserve,
area or refuge referred to in subparagraph (i), other than fauna that are not
the property of the Crown,
(b) to fell, cut, destroy, injure, remove or set
fire to any tree, timber or vegetation within a nature reserve or
karst conservation reserve, or
(c) to pick or have in the person's possession
any native plant within a nature reserve or karst conservation reserve.
(1A)
The Secretary may, in an authority given under subsection (1) or in another
instrument served on the person to whom the authority is given, limit the
kinds or numbers of animals, trees, timber, vegetation or native plants with
respect to which an authority has effect.
(1B) An authority under subsection
(1) authorising game birds to be harmed does not extend to the harming of game
birds for sporting or recreational purposes. However, an authority can
authorise a sporting or recreational shooter to harm game birds for any other
specified lawful purpose.
(2) A person shall not be convicted of an offence
against this Act if the person proves that the act constituting the offence
was done, or the state of affairs constituting the offence existed, under the
authority of the Secretary under this section.
(3) For the purposes of this
Act, the Secretary shall be deemed to be authorised under subsection (1) with
respect to all animals, and all trees, timber, vegetation and native plants,
to which that subsection relates or may relate.
(4) Except in so far as the
Secretary otherwise directs, the Secretary's authorisation of a person under
subsection (1) also authorises that person to do, in connection with the
authorised activity, any act referred to in section 45 (1) or 56 (1).
(5)
Subsection (1) (a) (i) does not apply with respect to an animal that is not
the property of the Crown unless the animal apparently has no owner and is not
under control or unless an officer of the Service believes on reasonable
grounds that the animal is endangering, or likely to endanger, any other
animals or any persons or property within the park, site, reserve, area or
refuge referred to in subsection (1) (a) (i).
(6) Nothing in this section
affects the provisions of section 155 (2) (bb).
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