44IRegulatory measure

#### 44I Regulatory measure 44I Regulatory measure > > (1) An owner or occupier of land in the cane toad biosecurity zone on which there is the pest *Rhinella marina* (Cane toad) must— > > > > > (a) if the pest is part of a new infestation of the pest on the land, notify an authorised officer as soon as practicable in accordance with Part 6, and > > > > > (b) to the extent it is reasonably practicable, humanely destroy the pest on the land by any lawful method, and > > > > > (c) to the extent it is reasonably practicable, prevent the spread of the pest from the land. > > > (2) A person must not engage in any of the following dealings with the pest *Rhinella marina* (Cane toad) in the cane toad biosecurity zone— > > > > > (a) have possession of the pest animal, > > > > > (b) move the pest animal, > > > > > (c) release the pest animal from captivity. > > > (3) However— > > > > > (a) subclause (2)(a) or (b) does not apply if— > > > > > > > (i) the dealing is for permitted exhibition purposes within the meaning of clause 1 of Schedule 3 to the Act, or > > > > > > > (ii) the dealing is for permitted research purposes, or is ancillary to permitted research purposes, within the meaning of clause 1 of Schedule 3 to the Act, or > > > > > > > (iii) the dealing is for permitted pest animal incursion program purposes within the meaning of clause 1 of Schedule 3 to the Act, and > > > > > > > (iv) the dealing is or forms part of a lawful measure taken by the person to control a pest, including, but to limited to, a measure taken for the purposes of complying with subclause (1), and > > > > > (b) subclause (2)(c) does not apply if— > > > > > > > (i) the dealing is for permitted research purposes, or is ancillary to permitted research purposes, within the meaning of clause 1 of Schedule 3 to the Act, or > > > > > > > (ii) the dealing is for permitted pest animal incursion program purposes within the meaning of clause 1 of Schedule 3 to the Act. > > > (4) An occupier of land is taken not to be engaging in a dealing for the purposes of subclause (2)(a) in relation to animals on the land unless the occupier has actual (rather than deemed) possession of the animal. > > > > Note. > > > > Section 12(2) of the Act deems an occupier of land to have possession of any biosecurity matter or carrier (including animals) on that land in certain circumstances. > > **cl 44I:** Ins 2019 (604), Sch 2\[22\].