Disturbing fauna
153 Disturbing fauna
A person must not disturb fauna unless the person has lawful authority to disturb it.
Penalty for this subsection:
if the offence involves a cetacean — a fine of $500 000;
if the offence involves a critically endangered species that is not a cetacean — a fine of $500 000;
if the offence involves an endangered species that is not a cetacean — a fine of $400 000;
if the offence involves a vulnerable species that is not a cetacean — a fine of $300 000;
if the offence involves specially protected fauna that is not a cetacean — a fine of $200 000;
in any other case — a fine of $50 000.
Subsection (1) does not apply if the fauna is managed fauna.
It is a defence to a charge of an offence under subsection (1) involving fauna that is not a specially protected species or a threatened species to prove that the disturbance —
occurred in the course of a lawful activity the sole or dominant purpose of which was not to disturb fauna (other than fish or pearl oyster); and
could not reasonably have been avoided.
It is a defence to a charge of an offence under subsection (1) involving a specially protected species or a threatened species to prove that —
the disturbance —
occurred in the course of a lawful activity the sole or dominant purpose of which was not to disturb fauna (other than fish or pearl oyster); and
could not reasonably have been avoided;
and
the person charged did not know, and could not reasonably have known, that the species was present.
This Act’s bill:Explanatory memorandumSecond reading speech
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