sec.73DRestricted items

### sec.73D Restricted items A person must not possess, have control over, or use any of the following items in a State forest or timber reserve, unless the person has a reasonable excuse— a weapon within the meaning of the Weapons Act 1990 , schedule 2 ; an axe, hoe, knife, mattock, pick, saw, shovel or other implement; a trap, snare, net or birdlime; a poison, prohibited substance, fumigant or pesticide within the meaning of the Medicines and Poisons Act 2019 ; an explosive within the meaning of the Explosives Act 1999 ; a decoy; anything else that can be used to take, or help take, wildlife or forest products. Maximum penalty—120 penalty units. However, subsection (1) does not apply to— an item that is, or will be, used only for— taking fish or other animals under the Fisheries Act 1994 ; or camping; or a domestic purpose; or an unloaded spear gun that is to be used in an area adjoining the State forest or timber reserve where the use of the gun in the adjoining area is not prohibited under an Act. Also, subsection (1) does not apply if the person— securely stores the item in a place in or on a vehicle or vessel where it is not easily accessible and is out of sight; or is authorised to possess, have control over, or use the item in the State forest or timber reserve under an authority (such as an agreement, contract, permit, licence or lease) under any of the following Acts— this Act; the Geothermal Energy Act 2010 ; the Greenhouse Gas Storage Act 2009 ; the Land Act 1994 ; the Mining Acts; or is in the course of performing duties under this Act. In this section— take , in relation to wildlife or forest products, has the meaning given in the Nature Conservation Act 1992 . s 73D ins 2014 No. 41 s 35 amd 2020 No. 28 s 68 ; 2019 No. 26 s 290 sch 2 ; 2025 No. 30 s 73 sch 1 (sec.73D-ssec.1) A person must not possess, have control over, or use any of the following items in a State forest or timber reserve, unless the person has a reasonable excuse— a weapon within the meaning of the Weapons Act 1990 , schedule 2 ; an axe, hoe, knife, mattock, pick, saw, shovel or other implement; a trap, snare, net or birdlime; a poison, prohibited substance, fumigant or pesticide within the meaning of the Medicines and Poisons Act 2019 ; an explosive within the meaning of the Explosives Act 1999 ; a decoy; anything else that can be used to take, or help take, wildlife or forest products. Maximum penalty—120 penalty units. (sec.73D-ssec.2) However, subsection (1) does not apply to— an item that is, or will be, used only for— taking fish or other animals under the Fisheries Act 1994 ; or camping; or a domestic purpose; or an unloaded spear gun that is to be used in an area adjoining the State forest or timber reserve where the use of the gun in the adjoining area is not prohibited under an Act. (sec.73D-ssec.3) Also, subsection (1) does not apply if the person— securely stores the item in a place in or on a vehicle or vessel where it is not easily accessible and is out of sight; or is authorised to possess, have control over, or use the item in the State forest or timber reserve under an authority (such as an agreement, contract, permit, licence or lease) under any of the following Acts— this Act; the Geothermal Energy Act 2010 ; the Greenhouse Gas Storage Act 2009 ; the Land Act 1994 ; the Mining Acts; or is in the course of performing duties under this Act. (sec.73D-ssec.4) In this section— take , in relation to wildlife or forest products, has the meaning given in the Nature Conservation Act 1992 . - (a) a weapon within the meaning of the Weapons Act 1990 , schedule 2 ; - (b) an axe, hoe, knife, mattock, pick, saw, shovel or other implement; - (c) a trap, snare, net or birdlime; - (d) a poison, prohibited substance, fumigant or pesticide within the meaning of the Medicines and Poisons Act 2019 ; - (e) an explosive within the meaning of the Explosives Act 1999 ; - (f) a decoy; - (g) anything else that can be used to take, or help take, wildlife or forest products. - (a) an item that is, or will be, used only for— (i) taking fish or other animals under the Fisheries Act 1994 ; or (ii) camping; or (iii) a domestic purpose; or - (i) taking fish or other animals under the Fisheries Act 1994 ; or - (ii) camping; or - (iii) a domestic purpose; or - (b) an unloaded spear gun that is to be used in an area adjoining the State forest or timber reserve where the use of the gun in the adjoining area is not prohibited under an Act. - (i) taking fish or other animals under the Fisheries Act 1994 ; or - (ii) camping; or - (iii) a domestic purpose; or - (a) securely stores the item in a place in or on a vehicle or vessel where it is not easily accessible and is out of sight; or - (b) is authorised to possess, have control over, or use the item in the State forest or timber reserve under an authority (such as an agreement, contract, permit, licence or lease) under any of the following Acts— (i) this Act; (ii) the Geothermal Energy Act 2010 ; (iii) the Greenhouse Gas Storage Act 2009 ; (iv) the Land Act 1994 ; (v) the Mining Acts; or - (i) this Act; - (ii) the Geothermal Energy Act 2010 ; - (iii) the Greenhouse Gas Storage Act 2009 ; - (iv) the Land Act 1994 ; - (v) the Mining Acts; or - (c) is in the course of performing duties under this Act. - (i) this Act; - (ii) the Geothermal Energy Act 2010 ; - (iii) the Greenhouse Gas Storage Act 2009 ; - (iv) the Land Act 1994 ; - (v) the Mining Acts; or