Queensland Consolidated Regulations

NATURE CONSERVATION (ANIMALS) REGULATION 2020 - REG 322

322 Use of poison or adhesive substance in way that may take protected animals

(1) A person must not use, or direct another person to use, a poison or adhesive substance in a way that may cause the taking of a protected animal, unless the person has a reasonable excuse.

Penalty—

Maximum penalty—165 penalty units.

(2) Subsection (1) does not apply to the holder of an animal authority for an animal, or a relevant person for the holder, using a poison or adhesive substance to take the animal if—

(a) the authority authorises the holder to use the poison or substance to take the animal; and

(b) the holder or person complies with the conditions of the authority.

Notes—

1 Failure to comply with a condition of an animal authority is an offence under section 318 .

2 See section 133 for additional requirements about taking an animal under a harvesting licence.

(3) Also, subsection (1) does not apply if the use of the poison or adhesive substance is—

(a) in the course of a lawful activity that was not directed towards the taking of a protected animal; and

(b) could not reasonably have been avoided.

(4) In this section—

"adhesive substance" includes birdlime or a viscid substance.