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.