Exclusion of operation of s. 182(2) and (3) of Act: fauna in marine park or marine nature reserve
144 Exclusion of operation of s. 182(2) and (3) of Act: fauna in marine park or marine nature reserve
The operation of section 182(2) and (3) of the Act is, subject to subregulation (2), excluded in relation to the taking or disturbance of fauna —
in an area of a marine park classified under the CALM Act section 62(1a) to be a sanctuary area; or
in a marine nature reserve as defined in the CALM Act section 3.
Subregulation (1) does not apply in relation to —
fauna referred to in regulation 143 that is threatened fauna taken or disturbed in accordance with an authorisation under section 40 of the Act; or
fauna referred to in regulation 143 that is specially protected fauna taken or disturbed with the written permission of the CEO; or
fauna taken in accordance with the Fish Resources Management Act 1994.
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