Barrister AI
All legislation
WAAct
In force
This is the latest official compilation.Check the official source →
s 188

Regulations: charges for fauna and flora

In force
Part 10Fauna and flora
Division 4Other matters

188 Regulations: charges for fauna and flora

(1)

The regulations may impose charges in respect of —

(a)

prescribed fauna taken for a commercial purpose on any land; and

(b)

prescribed flora taken for a commercial purpose on Crown land.

(2)

Regulations made for the purposes of subsection (1) are to —

(a)

prescribe the amount of the charges or the method to be used to calculate them; and

(b)

prescribe the persons liable to pay the charges; and

(c)

make provision for the collection of the charges.

(3)

Regulations made for the purposes of subsection (1) may provide that charges are payable irrespective of whether or not there was lawful authority for the taking of the fauna or flora to which the charges relate.

(4)

Without limiting the Interpretation Act 1984 section 43(8)(d) or 45, regulations made for the purposes of subsection (1) may —

(a)

impose different charges for different fauna or flora or different categories or classes of fauna or flora; and

(b)

specify circumstances in which charges are not payable; and

(c)

provide for the issue by the CEO of identifiers for application to fauna or flora to indicate that charges have been paid or are not payable; and

(d)

provide for the circumstances in which, and by whom, identifiers mentioned in paragraph (c) are to be applied to fauna or flora; and

(e)

provide for the recovery of unpaid charges and prohibit conduct by which the payment of charges might be evaded; and

(f)

confer powers on wildlife officers to seize and sell, dispose of or otherwise deal with fauna or flora in circumstances where a charge payable in respect of the fauna or flora has not been paid.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.