Queensland Consolidated Regulations

NATURE CONSERVATION (ANIMALS) REGULATION 2020 - REG 323

323 Accidental taking of marine mammal or marine turtle

(1) This section applies if—

(a) a person takes a marine mammal or a marine turtle in the course of an activity that is—

(i) carried out lawfully; and

(ii) not directed towards taking the animal; and

Example of taking of marine mammal in the course of an activity—

causing a marine mammal to become aground on a shore

(b) the taking could not reasonably have been avoided.

(2) If the animal is a marine mammal, the person must, unless the person has a reasonable excuse—

(a) immediately notify a conservation officer about the animal and the circumstances in which the animal was taken; and

(b) if the officer directs the person to deal with the animal in a particular way—deal with the animal in the way directed.

Penalty—

Maximum penalty—165 penalty units.

Note—

See also chapter 6 about marine mammals.

(3) If the animal is a marine turtle, the person must—

(a) if the turtle is sick, injured, trapped, entangled or dead, or has been struck by a boat—

(i) immediately notify a conservation officer about the turtle and the circumstances in which the turtle was taken; and

(ii) if the officer directs the person to deal with the animal in a particular way—deal with the turtle in the way directed; or

(b) otherwise—return the turtle to the waters from which it was taken.

Penalty—

Maximum penalty—120 penalty units.

(4) A conservation officer may give a direction under subsection (2) (b) or (3) (a) (ii) only if the direction is reasonable in the circumstances.