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reg 121

Exclusion of operation of section 103A(3) of Act: protected thing

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Part 10Exclusion of operation of section 103A(3)

121 Exclusion of operation of section 103A(3) of Act: protected thing

(1)

In this regulation —

category A firearm means a firearm of category A under the regulations referred to in the Firearms Act 2024 section 8(1);

category B firearm means a firearm of category B under the regulations referred to in the Firearms Act 2024 section 8(1);

fish has the meaning given in the Fish Resources Management Act 1994 section 4(1);

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;

(d)

a visitor area.

(2)

Subject to subregulation (3), the operation of section 103A(3) of the Act is excluded in relation to —

(a)

taking fauna that is fish contrary to section 101C of the Act; and

(b)

taking flora or fauna other than fish contrary to section 101C of the Act if the flora or fauna is taken in a marine nature reserve or any land or water in a marine park classified as a sanctuary area.

(3)

Subregulation (2)(a) does not apply in relation to fish taken in accordance with the Fish Resources Management Act 1994.

(4)

The operation of section 103A(3) of the Act is excluded in relation to removing firewood contrary to section 103(1) of the Act if the firewood is removed without the written permission of the CEO.

(5A)

The operation of section 103A(3) of the Act is excluded in relation to taking fauna contrary to regulation 8(1) if the fauna is taken with a firearm other than a category A firearm or a category B firearm.

(5)

The operation of section 103A(3) of the Act is excluded in relation to taking fauna contrary to regulation 8(1) if the fauna is taken —

(a)

without the written permission of the CEO; and

(b)

on urban land or in a townsite.

(6A)

The operation of section 103A(3) of the Act is excluded in relation to taking fauna contrary to regulation 8(1) if the fauna is taken —

(a)

without the written permission of the CEO; and

(b)

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

(c)

on CALM 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.

(6B)

The operation of section 103A(3) of the Act is excluded in relation to taking fauna contrary to regulation 8(1) if the fauna is taken —

(a)

without the written permission of the CEO; and

(b)

by means other than a firearm; and

(c)

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

(6)

The operation of section 103A(3) of the Act is excluded in relation to taking flora contrary to regulation 8(1) if the flora is taken —

(a)

without the written permission of the CEO; and

(b)

on recreational land, urban land or in a townsite.

(7A)

The operation of section 103A(3) of the Act is excluded in relation to taking a non‑indigenous animal contrary to regulation 18 if the animal is taken with a firearm other than a category A firearm or a category B firearm.

(7)

The operation of section 103A(3) of the Act is excluded in relation to taking a non‑indigenous animal contrary to regulation 18 if the animal is taken —

(a)

without the written permission of the CEO; and

(b)

on urban land or in a townsite.

(8)

The operation of section 103A(3) of the Act is excluded in relation to taking a non‑indigenous animal contrary to regulation 18 if the animal is taken —

(a)

without the written permission of the CEO; and

(b)

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

(c)

on CALM land that is a relevant area or —

(i)

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

(ii)

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

(9)

The operation of section 103A(3) of the Act is excluded in relation to taking a non‑indigenous animal contrary to regulation 18 if the animal is taken —

(a)

without the written permission of the CEO; and

(b)

by means other than a firearm; and

(c)

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

[Regulation 121 inserted: Gazette 7 Dec 2012 p. 5970-1; amended: Gazette 19 Sep 2014 p. 3331‑3; SL 2024/298 r. 9.]

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