Biodiversity Conservation Regulations 2018

Disturbing fauna, including threatened fauna, is authorised (and does not require a licence) if —

the fauna is injured, diseased, exhausted, trapped, stranded or otherwise in need of assistance, care or treatment and the disturbance is reasonably necessary to provide such assistance, care or treatment; or

without limiting paragraph (a), the fauna is entangled in a rope, line, net or debris and the disturbance involves taking reasonable steps to release the fauna; or

the disturbance is reasonably necessary in order to determine whether the fauna is in need of assistance, care or treatment; or

the disturbance is to capture the fauna so that it may be moved and then immediately released in the immediate vicinity, and the disturbance is reasonable in the circumstances; or

the disturbance is caused by a person who is acting under the direct supervision of a wildlife officer; or

the disturbance occurs in the course of releasing the fauna back into the wild; or

the disturbance is —

authorised by an authorisation given by the CEO or a wildlife officer for the purposes of this regulation; and

in accordance with any conditions of that authorisation (including that any action must be taken under the supervision of a wildlife officer).

However, subregulations (1)(a), (b), (c) and (d) do not apply in relation to marine fauna (but action described in any of those provisions may be taken in relation to marine fauna under an authorisation under subregulation (1)(g)).