Part 5Protected animals

Part 5—Protected animals 64—Regulated acts or activities (1) For the purposes of this Part, the following acts or activities are regulated acts or activities: (a) taking a protected animal or a protected egg; (b) interfering with a protected animal; (c) releasing a protected animal from captivity; (d) keeping a protected animal or a protected egg; (e) dealing with a protected animal or a protected egg; (f) farming a protected animal; (g) harvesting a protected animal; (h) dealing with an animal product of a protected animal that has been harvested; (i) destroying, damaging or disturbing a protected habitat; (j) an act or activity prescribed by the regulations for the purposes of this subsection that relates to a protected animal, protected animal product, protected egg or protected habitat; (k) attempting, assisting in, or taking part in the process of an act or activity referred to in a preceding paragraph. (2) Despite subsection (1), for the purposes of this Part, the acts or activities specified in Schedule 4 as amended from time to time by regulation are not regulated acts or activities if carried out or undertaken in accordance with any requirements, and subject to any restrictions, set out in that Schedule. 65—Offence to carry out or undertake regulated act or activity without permit Subject to this Act, a person must not carry out or undertake a regulated act or activity unless the person holds a permit granted by the Minister under Part 9 authorising the person to carry out or undertake the act or activity. 66—Taking of animals and eggs by Aboriginal persons (a) an animal, or an egg of an animal, of a prescribed species; or (b) an animal or egg by a prescribed means or in prescribed circumstances. (2) Nothing in this Part prevents an Aboriginal person from taking a protected animal or protected egg for the purposes of using the animal or egg for a non‑commercial cultural or spiritual practice (which may include using the animal or egg as food in the course of that practice). In taking an animal or egg in accordance with this section, an Aboriginal person is subject to laws of general application. 67—Illegal possession of protected animals etc A person must not have in their possession or control a protected animal, protected animal product or egg of a protected animal that has been illegally taken or acquired. 68—Management plan in relation to harvesting relevant protected animals (1) The Minister must prepare a draft management plan in relation to the harvesting of each relevant protected animal. (2) The draft plan must— (a) assess the likely impact of taking animals of that species— (i) on the species concerned; and (ii) on the ecosystems which animals of that species form part; and (iii) on the diversity of the species of animals and plants comprising those ecosystems; and (iv) on the ability of the species to maintain natural genetic diversity throughout its population; and (b) identify factors that are likely to reduce or increase the number of animals of the species to be harvested; and (c) identify any other factors that will affect the species as a renewable resource for the future; and (d) assess whether there is a need to reduce the number of animals of the species to protect the environment, crops, stock or other property; and (e) specify humane methods and procedures for the killing, capturing and killing and treatment after capture of animals in accordance with a permit under this Act; and (f) address any other matters that should, in the opinion of the Minister, be addressed. (3) The Minister must, by notice published on a website determined by the Minister— (a) state the website at which the draft plan is available; and (b) invite interested persons to provide the Minister with written comments in relation to the draft plan. (4) A draft plan must be made available on a website specified in the notice under subsection (3) for public comment for at least 30 days before adoption by the Minister. (5) Before adopting the draft plan, the Minister must have regard to any comments received in relation to the draft plan during the period referred to in subsection (4) and may, if the Minister thinks fit, vary the plan to take account of those comments. (6) The Minister must, by notice in the Gazette— (a) state that a management plan has been adopted under this section; and (b) state the website at which the plan is available. (7) A management plan may be replaced or varied by a further plan prepared and adopted by the Minister in accordance with this section. relevant protected animal means an animal of the following species: (a) red kangaroo—Osphranter rufus; (b) western grey kangaroo—Macropus fuliginosus melanops; (c) euro (wallaroo) (hill kangaroo)—Osphranter robustus; (d) eastern grey kangaroo—Macropus giganteus; (e) tammar wallaby—Notamacropus eugenii; (f) western grey kangaroo—Macropus fuliginosus fuliginosus; (g) a species prescribed by regulation for the purposes of this definition. 69—Declaration to take certain protected animals (1) The Minister may, by notice in the Gazette, declare that 1 or both of the following may be taken: (a) protected animals of a specified species; (b) protected eggs of a specified species of protected animal. (2) A notice under this section— (a) must not relate to animals or eggs of a threatened species; and (b) may only be made if the Minister is satisfied that the taking of the species at levels that could reasonably be expected as a result of the declaration would not reasonably cause the species to be considered for assessment as a threatened species in accordance with Part 6; and (c) does not apply in relation to animals or eggs within— (i) a reserve, other than a game reserve; or (ii) a wilderness protection area or wilderness protection zone; or (iii) a sanctuary; or (iv) a game reserve unless the notice expressly provides that the declaration applies in relation to that reserve. (3) A notice under this section— (a) must state— (i) the period during which the animals or eggs may be taken (including, if the Minister thinks fit, the hours of the day during which animals or eggs may be taken); and (ii) the parts of the State to which the declaration applies; and (b) may specify that a permit granted by the Minister under section 153 is required to take the species; and (c) may prescribe restrictions or conditions applicable to the declaration. (4) The Minister must publish a statement of reasons for a declaration under this section on the Biodiversity Register within 30 days after the notice making the declaration is published in the Gazette. (5) It is lawful to take a protected animal or protected egg in accordance with a notice under this section.