New South Wales Consolidated Acts
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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 70
Fauna in wildlife refuges and other areas
(1) A person shall not-- (a) harm any fauna, or
(b) use any animal, firearm,
explosive, net, trap, hunting device or instrument or means whatever for the
purpose of harming any fauna,
being fauna within a wildlife refuge,
conservation area, wilderness area or area subject to a
wilderness protection agreement.
(2) A person shall not-- (a) carry,
discharge or have in the person's possession any prohibited weapon,
(b) carry
or have in the person's possession any explosive, net, trap or hunting device,
or
(c) be accompanied by a dog,
in a wildlife refuge, conservation area,
wilderness area or area subject to a wilderness protection agreement.
(3) A
person shall not be convicted of an offence arising under subsection (1) or
(2) 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 a licence under Part 6 of the
Threatened Species Conservation Act 1995 , or
(b) in pursuance of a duty
imposed on the person by or under any Act.
(4) A person shall not be
convicted of an offence arising under subsection (2) in respect of the
carrying or having in the person's possession of a net in a wildlife refuge,
conservation area, wilderness area or area subject to a
wilderness protection agreement if the person proves that the net was carried
or in the person's possession for the purpose only of taking, or attempting to
take, fish from any waters.
(6) A person, being an owner, lessee or occupier
of any lands within a wildlife refuge, conservation area, wilderness area or
area subject to a wilderness protection agreement, or a person authorised by
such an owner, lessee or occupier in that behalf, shall not be convicted of--
(a) an offence arising under subsection (1) in respect of the harming of any
fauna within those lands, being fauna that is not native to Australia and that
is either-- (i) not protected fauna, or
(ii) locally unprotected fauna under
section 96, or
(b) an offence arising under subsection (2) in relation to
those lands.
(6AA) Subsections (5) and (6) do not apply to the harming for
sporting or recreational purposes of game birds that are locally unprotected
fauna.
(6A) Subject to subsection (6B), a person shall not be convicted of an
offence arising under this section if-- (a) the offence occurred with respect
to a conservation area or area subject to a wilderness protection agreement,
and
(b) the act or the state of affairs constituting the offence did not
contravene the conservation agreement or wilderness protection agreement
relating to the area.
(6B) Subsection (6A) does not extend to the damaging of
critical habitat or the harming of threatened species, populations or
ecological communities.
(7) 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) or (2) or both.
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