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WILDLIFE ACT 1975 - SECT 28A

Authorisation to take etc. wildlife

S. 28A(1) amended by No. 24/2014 s. 41(1).

    (1)     Subject to subsection (1AA), the Secretary may give written authorisation to a person to do all or any of the following—

        (a)     hunt, take or destroy wildlife;

S. 28A(1)(b) amended by No. 45/2008 s. 4(1)(a).

        (b)     buy, sell, acquire, receive, dispose of, keep, possess, control, breed, process, display, take samples from or experiment on wildlife;

S. 28A(1)(ba) inserted by No. 45/2008 s. 4(1)(b).

        (ba)     mark wildlife, handle wildlife for the purpose of marking it and interfere with the markings on wildlife—

if he or she is satisfied that the authorisation is necessary—

        (c)     because wildlife is damaging any building, vineyard, orchard, crop, tree, pasture, habitat or other property owned, occupied or administered by the person to whom the authorisation is to be issued or property adjacent to or in proximity to such property; or

        (d)     for the purposes of the management, conservation, protection or control of wildlife or for the purposes of education about wildlife, research into wildlife or scientific or other study of wildlife; or

        (e)     for aboriginal cultural purposes; or

        (f)     for the purposes of enabling the care, treatment or rehabilitation of sick, injured or orphaned wildlife; or

        (g)     for the purposes of ensuring the health or safety of any person or class of persons; or

        (h)     to support a recognised wildlife management plan; or

              (i)     to make provision for the custody, care and management of wildlife, held under another authorisation or a licence which has been suspended, during the period of that suspension.

S. 28(1AA) inserted by No. 24/2014 s. 41(2).

    (1AA)     The Secretary must consult with the Game Management Authority before giving written authorisation to a person under subsection (1)(a) to hunt, take or destroy specified birds or game.

S. 28(1AB) inserted by No. 24/2014 s. 41(2).

    (1AB)     The Game Management Authority may give written authorisation to a person to do all or any of the following—

        (a)     hunt, take or destroy game;

        (b)     buy, sell, acquire, receive, dispose of, keep, possess, control, breed, process, display, take samples from or experiment on game;

        (c)     mark game, handle game for the purpose of marking it and interfere with the markings on game

if the Authority is satisfied that the authorisation is necessary—

        (d)     for the purposes of the management, conservation, protection or control of game or for the purposes of education about game, research into game or scientific or other study of game; or

        (e)     for aboriginal cultural purposes; or

        (f)     for the purposes of ensuring the health or safety of any person or class of persons; or

        (g)     to support a recognised wildlife management plan; or

        (h)     to make provision for the custody, care and management of game, held under another authorisation or a licence which has been suspended, during the period of that suspension.

S. 28A(1A) inserted by No. 45/2008 s. 4(2).

    (1A)     The Secretary may give written authorisation to a person to disturb wildlife or cause wildlife to be disturbed if the Secretary is satisfied that the authorisation is necessary—

        (a)     because the wildlife is damaging any building, vineyard, orchard, crop, tree, pasture, habitat or other property, owned, occupied or administered by the person to whom the authorisation is to be issued or property adjacent to or in proximity to such property; or

        (b)     to support a recognised wildlife management plan.

    (2)     An authorisation is subject to any conditions, limitations or restrictions placed on that authorisation or that category of authorisation—

        (a)     by the Secretary; or

S. 28A(2)(ab) inserted by No. 24/2014 s. 41(3).

        (ab)     by the Game Management Authority; or

        (b)     by the regulations.

    (3)     An authorisation is subject to the condition that the holder of the authorisation must allow inspection by an authorised officer, at any reasonable time, of any dwelling house specified in the authorisation for the purpose of monitoring compliance with this Act, the regulations or the conditions of the authorisation.

    (4)     A person seeking the issue of an authorisation must—

S. 28A(4)(a) amended by No. 24/2014 s, 41(4).

        (a)     apply to the Secretary or the Game Management Authority (as appropriate) for the authorisation in the prescribed manner; and

S. 28A(4)(b) amended by No. 24/2014 s, 41(4).

        (b)     provide any information required by the Secretary or the Game Management Authority (as appropriate) to accompany the application; and

        (c)     pay the prescribed fee (if any) for the authorisation.

S. 28B inserted by No. 87/1997
s. 13.



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