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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 58Q
Provisions respecting animals in karst conservation reserves
(1) A person shall not-- (a) harm any animal that is within a
karst conservation reserve, or
(b) use any animal, firearm, explosive, net,
trap, hunting device or instrument or means whatever for the purpose of
harming any animal that is within a karst conservation reserve, or
(c) carry,
discharge or be in possession of any prohibited weapon in a
karst conservation reserve, or
(d) carry or be in possession of any
explosive, net, trap or hunting device in a karst conservation reserve, or
(e) be accompanied by a dog in a karst conservation reserve.
(2) A person who
commits an offence arising under subsection (1) is liable to the penalty
prescribed by section 175 for an offence against this Act or to imprisonment
for a term not exceeding 6 months, or both.
(3) A person shall not be
convicted of an offence arising under subsection (1) if the person proves that
the act constituting the offence was done, or that the state of affairs
constituting the offence existed-- (a) under and in accordance with or by
virtue of the authority conferred by an authorisation under section 171, or
(b) in pursuance of a duty imposed by or under any Act.
(4) A person shall
not be convicted of an offence arising under subsection (1) in respect of the
carrying or being in possession of a net if the person proves that the net was
carried or was in the person's possession for the purpose only of taking, or
attempting to take, fish from any waters.
(5) A person, being a lessee or
occupier of any lands within a karst conservation reserve, or a person
authorised by such a lessee or occupier in that behalf, shall not be convicted
of an offence arising under subsection (1) in respect of the harming of an
animal that is within those lands (other than fauna or an animal of a
threatened species).
(6) The regulations may make provision for or with
respect to exempting, subject to the prescribed conditions and restrictions
(if any), any person or class or description of persons from the provisions of
subsection (1).
(7) Without limiting subsection (6), this section does not
prevent-- (a) an Aboriginal owner on whose behalf the lands of a
karst conservation reserve are held by one or more Aboriginal Land Councils in
accordance with Part 4A, or
(b) any other Aboriginal person who has the
consent of the Aboriginal owner board members,
from harming within the reserve
an animal for domestic purposes or for ceremonial or cultural purposes (other
than an animal of a threatened species or an animal protected by the
plan of management for the reserve).
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