220ZWLicence to harm threatened species, population or ecological community or damage habitat

220ZW Licence to harm threatened species, population or ecological community or damage habitat

220ZW Licence to harm threatened species, population or ecological community or damage habitat

(1) The Secretary may grant a licence authorising a person to take action that is likely to result in one or more of the following—

(a) harm to a threatened species, population or ecological community,

(b) damage to a critical habitat,

(c) damage to a habitat of a threatened species, population or ecological community.

(2) An approval under section 37 may only be issued for a purpose referred to in subsection (1)—

(a) for scientific purposes, or

(b) for the welfare of fish or marine vegetation, or

(c) if there is a threat to life or property.

Note.

Section 220ZF provides a defence for offences under Division 4 if the accused proves that the action constituting the alleged offence was a routine fishing, agricultural or aquacultural activity or was authorised by a property management plan approved by the Secretary or by the Chief Executive of the Office of Environment and Heritage.

(3) A permit under section 37A may not be issued for a purpose referred to in subsection (1).

s 220ZW: Ins 1997 No 153, Sch 1 [9]. Am 2006 No 18, Sch 1 [28]; 2015 No 59, Sch 1 [111] [112].