Licence to harm threatened species, population or ecological community or damage habitat
220ZW Licence to harm threatened species, population or ecological community or damage habitat
The Secretary may grant a licence authorising a person to take action that is likely to result in one or more of the following—
harm to a threatened species, population or ecological community,
damage to a critical habitat,
damage to a habitat of a threatened species, population or ecological community.
An approval under section 37 may only be issued for a purpose referred to in subsection (1)—
for scientific purposes, or
for the welfare of fish or marine vegetation, or
if there is a threat to life or property.
Note.
Section 220ZF provides a defence for offences under Division 4 if the accused proves that the action constituting the alleged offence was a routine fishing, agricultural or aquacultural activity or was authorised by a property management plan approved by the Secretary or by the Chief Executive of the Office of Environment and Heritage.
A permit under section 37A may not be issued for a purpose referred to in subsection (1).
This Act’s bill:Explanatory memorandum
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