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s 185

Permission given by exclusive native title holder to take or disturb fauna

In force
Part 10Fauna and flora
Division 3Taking or disturbance by Aboriginal people

185 Permission given by exclusive native title holder to take or disturb fauna

(1)

In this section —

disturbance means the doing of anything referred to in paragraph (a)(i), (ii) or (iii) of the definition of disturb in section 5(1);

taking means the doing of anything referred to in paragraph (a)(i) of the definition of take in section 5(1).

(2)

If the exclusive native title holder for an area in relation to which exclusive native title exists permits the taking or disturbance of fauna in the area, the exclusive native title holder does not commit an offence under this Act by reason of giving the permission.

(3)

Subsection (2) applies despite any other provision of this Act.

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Section 185 — Permission given by exclusive native title holder to take or disturb fauna — Biodiversity Conservation Act 2016 (Western Australia) — Barrister AI