Queensland Consolidated Regulations

NATURE CONSERVATION (ANIMALS) REGULATION 2020 - REG 163

163 Restrictions on grant of permit to prevent damage or loss

(1) This section applies in relation to a damage mitigation permit for a purpose mentioned in section 162 (1) (a) for an animal.

(1A) However, this section does not apply in relation to a damage mitigation permit for a purpose mentioned in section 162 (1) (a) for a flying-fox.

(2) The chief executive must not grant the permit unless the chief executive is satisfied—

(a) the animal is causing, or may cause, damage; and

(b) the landholder of the land on which the animal is causing, or may cause, damage has made a reasonable attempt to prevent or minimise the damage and the action taken has not prevented or minimised the damage; and

Examples of reasonable attempts to prevent or minimise damage—

• installing a fence or other enclosure, to prevent an animal from accessing land, or property on land, on which the animal is causing or may cause damage

• using an audio or visual device or other thing to deter an animal from accessing land, or property on land, on which the animal is causing or may cause damage

(c) if the damage is not prevented or controlled—

(i) persons may suffer significant economic loss; or

(ii) the ecological sustainability of nature is likely to be harmed; and

(d) action under the permit would not adversely affect the survival of the animal in the wild; and

(e) the proposed way of taking the animal is humane.

(3) This subsection and subsection (1A) expire on 30 June 2026.