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s 164

Regulations: stranded or distressed fauna

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

164 Regulations: stranded or distressed fauna

(1)

In this section —

closed area means an area of land that is closed in accordance with the regulations;

responsible authority means a public authority that has the care, control and management of land within a closed area.

(2)

The regulations may —

(a)

provide for the protection of fauna that is, or appears to be, stranded or distressed; and

(b)

regulate, control or prohibit the carrying out of any activity in relation to such fauna; and

(c)

provide for the closure of areas of land where such fauna is, or is likely to be, located.

(3)

Regulations made for the purposes of subsection (2)(c) —

(a)

may, in the case of an area of land that is or includes private land, require the consent of an owner or occupier of the land to be obtained before the area is closed; and

(b)

must provide for notification of the closure of an area of land to be given to any relevant responsible authority as soon as is practicable after the closure.

(4)

Regulations made for the purposes of subsection (2)(c) may —

(a)

confer power on the CEO to authorise the closure of areas of land; and

(b)

provide for the designation of closed areas by means of notices, signs, barriers or other prescribed devices; and

(c)

confer power on CALM Act officers to direct persons to leave, or not to enter, a closed area; and

(d)

prohibit persons from being in a closed area except with the permission of a CALM Act officer.

(5)

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

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