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reg 147

Exclusion of operation of s. 182(2) and (3) of Act: fauna on CALM Act land or near relevant area

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Part 8Taking or disturbance by Aboriginal people

147 Exclusion of operation of s. 182(2) and (3) of Act: fauna on CALM Act land or near relevant area

(1)

In this regulation —

CALM Act land has the meaning given in section 181 of the Act;

relevant area means any of the following —

(a)

a car park, including any area where signs direct vehicles to be parked or that is predominantly used for parking vehicles;

(b)

a sealed road;

(c)

a camping area as defined in the Conservation and Land Management Regulations 2002 regulation 2;

(d)

a visitor area;

visitor area means any of the following —

(a)

an area of cultivated lawn;

(b)

an area signposted as a picnic area;

(c)

an area signposted as an historical, natural or cultural point of interest;

(d)

an area where any of the following have been provided for visitors —

(i)

tables and seating;

(ii)

a lookout or platform;

(iii)

a toilet facility;

(iv)

a rubbish bin;

(v)

interpretive information;

(vi)

a building, facility or other erected or constructed thing (excluding a walk trail or unsealed road).

(2)

The operation of section 182(2) and (3) of the Act is excluded in relation to the taking or disturbance of fauna (other than threatened fauna) if the fauna is taken or disturbed —

(a)

without the written permission of the CEO; and

(b)

with a category A firearm or a category B firearm; and

(c)

on CALM Act land that is a relevant area or —

(i)

if the fauna is taken with a category A firearm — within 1.5 km of a relevant area; or

(ii)

if the fauna is taken with a category B firearm — within 3 km of a relevant area.

(3)

The operation of section 182(2) and (3) of the Act is excluded in relation to the taking or disturbance of fauna (other than threatened fauna) if the fauna is taken or disturbed —

(a)

without the written permission of the CEO; and

(b)

by means other than a firearm; and

(c)

on CALM Act land that is a relevant area or within 1 km of a relevant area.

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