Biodiversity Conservation Regulations 2018

This regulation does not apply in relation to a person who possesses injured fauna or abandoned fauna under a licence.

This regulation does not apply in relation to injured fauna or abandoned fauna that is a declared pest.

A person who possesses injured fauna or abandoned fauna (including fauna to which regulation 124 applies) must, within 72 hours after taking possession of the fauna —

if the fauna is capable of fending for itself — release the fauna at the place from where the fauna was originally taken, or at a place approved by the CEO; or

give the fauna to a wildlife officer or to another person specified by a wildlife officer; or

give the fauna to a person who is authorised under a licence, or who is approved by the CEO, to take possession of fauna for the purposes of rehabilitation; or

give the fauna to a veterinarian; or

apply for an appropriate licence to retain possession of the fauna.

It is a defence to a charge of an offence under subregulation (3) to prove that the person charged had a reasonable excuse.

If a person’s application for a licence under subregulation (3)(e) is unsuccessful, the person must immediately give the fauna to a wildlife officer, or to another person specified by the CEO, within a period specified by the CEO.

A person is not required to comply with subregulation (3) if the person, on application to a wildlife officer, is authorised by the wildlife officer to retain the fauna.

A wildlife officer may, when giving an authorisation under subregulation (6), impose any condition the wildlife officer thinks fit (including a condition that the fauna be released or given to the wildlife officer or another person at a later time).

A person must not contravene a condition imposed under subregulation (7).