Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 93

93 Aborigines’ and Torres Strait Islanders’ rights to take etc. protected wildlife

(1) Despite any other Act, but subject to the Animal Care and Protection Act 2001 , an Aborigine or Torres Strait Islander may take, use or keep protected wildlife under Aboriginal tradition or Island custom.

(2) Subsection (1) applies subject to any provision of a conservation plan that expressly applies to the taking, using or keeping of protected wildlife under Aboriginal tradition or Island custom.

(3) An Aborigine or Torres Strait Islander who takes, uses or keeps protected wildlife in contravention of a provision of a conservation plan that expressly prohibits the taking, using or keeping of protected wildlife under Aboriginal tradition or Island custom commits an offence against this Act.

Penalty—

Maximum penalty—3,000 penalty units or imprisonment for 2 years.

(4) Subsection (1) does not apply to the taking, using or keeping of protected wildlife in a protected area.