Biodiversity Conservation Regulations 2018

Taking fauna, including threatened fauna, of the class Reptilia is authorised (and does not require a licence) if —

the fauna is located in, or in the immediate vicinity of, residential premises or any other building or structure; and

the fauna —

is venomous; or

is, or is perceived to be, dangerous to persons at or in the residential premises or other building or structure, or to any pet or stock; or

is likely to suffer harm if it is not removed.

Subregulation (1) does not authorise the killing of the fauna.

Subregulation (1) does not apply in relation to fauna in the genus Crocodylus.

A person who takes fauna under subregulation (1) must release the fauna, and is authorised to release the fauna, within 6 hours from the time that the fauna is taken —

in a place where such fauna is ordinarily found in the wild; or

in a place approved by a wildlife officer.

It is a defence to a charge of an offence under subregulation (4) to prove that —

releasing the fauna was impracticable —

because the fauna was ill or injured to such an extent that its survival in the wild would be jeopardised without immediate veterinary treatment; or

because a suitable release site was not reasonably available; or

for some other reasonable cause;

the person —

delivered the fauna to a wildlife officer at the earliest reasonable opportunity; or

with the approval of the CEO obtained at the earliest reasonable opportunity, delivered the fauna to a person who held an appropriate licence to possess the fauna.