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s 163

Managed fauna

In force
Part 10Fauna and flora
Division 1Protection of fauna
Subdivision 2Protection provisions

163 Managed fauna

(1)

The regulations may provide that prescribed fauna or fauna of a prescribed class is managed fauna for the purposes of any one or more of sections 149, 152 and 153.

(2)

Regulations made for the purposes of subsection (1) may —

(a)

provide that prescribed fauna or fauna of a prescribed class is managed fauna throughout the State or in a prescribed part of the State; and

(b)

prohibit, impose requirements or conditions in relation to, or otherwise control or regulate, the taking, disturbance, possession or disposal of managed fauna; and

(c)

confer power on wildlife officers to give directions, in prescribed circumstances, prohibiting the taking, disturbance, possession or disposal of managed fauna.

(3)

Without limiting subsection (2)(b), regulations relating to the disturbance of managed fauna may regulate the conduct of people in the vicinity of managed fauna including the distance to be kept between those people and managed fauna.

(4)

This section does not authorise the making of regulations that would allow the taking or disturbance of any native species of duck, goose or quail for the purposes of sport or recreation.

(5)

In subsection (4) —

purposes of sport or recreation includes either or both of those purposes whether or not combined with the objective of taking ducks, geese or quail for food.

(6)

This section does not limit or otherwise affect the operation of section 255(2) or (4).

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Section 163 — Managed fauna — Biodiversity Conservation Act 2016 (Western Australia) — Barrister AI