Part 5Conservation of native animals

Part 5—Conservation of native animals Division 1—Application of this Part 50—Application of this Part (1) Subject to this section, this Part applies throughout the State. (2) The Governor may, by proclamation, declare that this Part or any provisions of this Part specified in the proclamation do not apply— (a) within a part of the State defined or referred to in the proclamation; or (b) to a specified species of animal; or (c) to a specified species of animal in a specified part of the State. (3) The Governor may, by proclamation, revoke or vary any proclamation under this Part. Division 2—Restrictions upon the taking of protected animals 51—Taking of protected animals etc (1) Subject to this Part, a person must not take a protected animal or the eggs of a protected animal. In the case of a marine mammal—$100 000 or imprisonment for 2 years. In the case of an animal (not being a marine mammal), or the eggs of an animal, of an endangered species—$10 000 or imprisonment for 2 years. In the case of an animal (not being a marine mammal), or the eggs of an animal, of a vulnerable species—$7 500 or imprisonment for 18 months. In the case of an animal (not being a marine mammal), or the eggs of an animal, of a rare species—$5 000 or imprisonment for 12 months. (2) In any prosecution under this section, it is a defence that the defendant did not wilfully or negligently commit the act subject to the charge. 52—Open season (1) The Minister may, by notice published in a newspaper circulating generally throughout the State, declare an open season for the taking of protected animals of a specified species. (2) A notice under this section— (a) must not relate to animals of an endangered species; and (b) does not apply in relation to animals within— (i) a reserve, other than a game reserve; or (ii) a wilderness protection area or wilderness protection zone; and (c) does not apply in relation to animals within a game reserve unless the notice expressly provides that the open season applies in relation to that reserve. (3) A notice under this section— (a) must state— (i) the period of the open season (including, if the Minister thinks fit, the hours of the day during which animals may be taken); and (ii) the parts of the State to which the open season applies; and (iii) whether eggs may be taken; and (b) may prescribe restrictions or conditions applicable to the open season; and (c) may be varied or revoked by the Minister by a subsequent notice published in a newspaper circulating generally throughout the State. (4) It is lawful to take a protected animal in accordance with a notice under this section. 53—Permits to take protected animals (1) The Minister may grant to any person a permit to take protected animals or the eggs of protected animals, if satisfied that it is desirable to grant the permit— (a) to facilitate scientific research; or (b) to enable the person to place bands, marks or tags upon such animals and then to release them; or (c) to permit the destruction or removal of animals that are causing, or are likely to cause, damage to the environment or to crops, stock or other property; or (d) for any other purpose (other than for sale) that the Minister considers proper and not inconsistent with the objectives of this Act. (2) A permit under this section remains in force for such term, not exceeding 12 months, as is specified in the permit. (3) The Minister may at any time revoke a permit granted under this section. (4) A person to whom a permit to take protected animals has been granted must, within 14 days after the expiration or revocation of the permit, deliver to the Minister a report in the prescribed form stating the number of animals of each species taken in pursuance of the permit and the number of eggs of any protected animal taken in pursuance of the permit. (5) Without limiting the conditions subject to which a permit may be granted under this section those conditions may— (a) limit the areas in which protected animals or the eggs of protected animals may be taken; and (b) limit the number of animals or eggs that may be taken in pursuance of the permit. (6) Where a permit relates to animals in respect of which a royalty is payable under this Act, the Minister may require the applicant to pay in advance an amount equal to the amount of royalty that would be payable in respect of all the animals in respect of which the permit is granted. 53A—Review by Tribunal (1) A person who has applied for a permit under section 53 may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of a decision of the Minister— (a) to refuse to grant the permit; or (b) to grant the permit subject to limitations, restrictions or conditions; or (c) as to the term of the permit; or (d) to revoke the permit. (2) Subject to subsection (4), an application must be made within 2 months after the applicant is notified by the Minister of the decision. (3) The Minister must, if required by the applicant for the review, state in writing the reasons for the decision. (4) If the reasons of the Minister are not given to the applicant for the review in writing at the time of making the decision and that person (within 2 months of the making of the decision) requires the Minister to state the reasons in writing, the time for making an application to the Tribunal runs from the time at which that person receives the written statement of those reasons. (5) For the purposes of proceedings before the Tribunal under this section, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 that consists of persons that have extensive experience in the following: (a) the conservation of animals, plants or other natural resources; (b) the conservation of ecosystems; (c) the management of natural resources; (d) primary production; (e) relevant fields of the biological sciences. (6) In any proceedings under this section, the Tribunal may, if the President so determines, sit with 1 or more assessors selected by the President from the panel referred to in subsection (5). (7) In this section— President means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. 54—Dangerous magpies and poisonous reptiles (1) It is lawful for any person without any permit or other authority under this Act, to kill any Australian magpie that has attacked or is attacking any person. (2) It is lawful for any person without any permit or other authority under this Act, to kill any poisonous reptile that— (a) has attacked, is attacking or is likely to attack, any person; or (b) is in dangerous proximity to any person; or (c) is, or has been, in such proximity to a person as to cause reasonable anxiety to that person. Division 3—Release of protected animals 55—Restriction on release of protected animals A person must not release a protected animal or an animal of a species listed in Schedule 10 from captivity unless that person is authorised to do so by a permit granted by the Minister. Expiation fee: $210. Division 4—Prohibitions and restrictions upon the keeping of protected animals and certain dealings in protected animals 58—Keeping and sale of protected animals (1) Subject to this section, a person must not— (a) keep more than one animal that is a protected animal of a prescribed species; or (b) keep a protected animal of any other species, unless authorised to do so by permit granted by the Minister. (2) Subject to this section, a person must not— (a) have possession or control of more than five eggs that are the eggs of a protected animal of a prescribed species; or (b) have possession or control of the eggs of a protected animal of any other species, unless authorised to do so by permit granted by the Minister. (3) Subject to this section, a person must not sell or give away a protected animal or the carcass or eggs of a protected animal unless authorised to do so by permit granted by the Minister. (4) Subsections (1), (2) and (3) do not apply in relation to an animal, or the carcass or eggs of an animal, of a species that is excluded from the operation of those subsections by proclamation. (4a) A proclamation under subsection (4)— (a) may operate in relation to one or two or all of subsections (1), (2) and (3); (b) may operate differently in relation to different classes of persons or in relation to different circumstances specified in the proclamation; (c) is subject to such conditions or restrictions as are specified in the proclamation. (5) The Governor may, by proclamation, vary or revoke a proclamation referred to in subsection (4). (6) A permit granted by the Minister under this section does not apply in relation to an animal, or the carcass or eggs of an animal, taken illegally or brought into this State illegally. (7) The holder of a permit under this section must provide the Minister with such information as is required by regulation. (8) A person who keeps an animal, or has possession or control of the eggs of an animal, taken in pursuance of a permit granted by the Minister to take protected animals, or the eggs of protected animals, for scientific research does not contravene subsection (1). 58A—Restriction on keeping protected animals in certain areas A person must not keep a protected animal in an area declared by regulation to be a prohibited area in relation to animals of that species unless that person is authorised to do so by a permit granted by the Minister. 59—Export and import of protected animals and native plants (1) A person must not— (a) export— (i) a protected animal or the carcass or egg of a protected animal; or (ii) a native plant of a species prescribed by regulation, from a place within the State to a place outside the State except in pursuance of a permit granted under this section; or (b) import into the State— (i) a protected animal or the carcass or egg of a protected animal; or (ii) a native plant of a species prescribed by regulation, from a place outside the State except in pursuance of a permit granted under this section. Expiation fee: $200. (2) The Minister may grant to any person a permit to export from the State or import into the State a protected animal, or the carcass or eggs of a protected animal, of a species specified in the permit or a native plant of a species specified in the permit. to export in relation to an animal, carcass, egg or plant includes to remove the animal, carcass, egg or plant from the State for any reason; to import in relation to an animal, carcass, egg or plant includes to bring the animal, carcass, egg or plant into the State for any reason. 60—Illegal possession of animals etc (1) A person must not have in his or her possession or control— (a) an animal; or (b) the carcass of an animal; or (c) an egg, that has been illegally taken or acquired. In the case of a marine mammal or the carcass of a marine mammal—$100 000 or imprisonment for 2 years. In the case of an animal, (not being a marine mammal), or the carcass or eggs of an animal, of an endangered species—$10 000 or imprisonment for 2 years. In the case of an animal (not being a marine mammal), or the carcass or eggs of an animal, of a vulnerable species—$7 500 or imprisonment for 18 months. In the case of an animal (not being a marine mammal), or the carcass or eggs of an animal, of a rare species—$5 000 or imprisonment for 12 months. (2) For the purposes of this section an animal, carcass or egg is illegally taken or acquired if taken or acquired contrary to this Act or any other Act or law of the State, or contrary to the law of another State or Territory of the Commonwealth. (3) In proceedings for an offence against this section the onus lies on the defendant to prove that the animal, carcass or egg was not taken or acquired illegally. Division 4A—Farming of protected animals 60B—Interpretation In this Division, unless the contrary intention appears— animal means— (a) a protected animal of a species named in Schedule 11; or (b) a protected animal of a species that is the subject of a declaration under section 60BA that is in force; the business of farming animals means the business of farming animals for one or both of the following purposes: (a) to produce carcasses, skins and other products upon slaughter of the animals; (b) to sell live animals or eggs to another person who carries on the business of farming animals of the same species; commercial farming of protected animals means the business of farming protected animals of a species named in Schedule 11; trial farming of protected animals means the business of farming protected animals of a species that is not named in Schedule 11 but that is the subject of a declaration under section 60BA that is in force. 60BA—Declaration of species for trial farming (1) The Governor may by regulation declare that a species of protected animal is a species for the purpose of trial farming under this Division. (2) The Minister must, by notice published in the Gazette, set out conditions to which a permit granted under this Division in relation to animals of the species referred to in a regulation under subsection (1) will be subject. (3) The notice must be published in the same issue of the Gazette as the regulation. (4) Subsection (2) does not limit the imposition of other conditions under section 60C(6). (5) A regulation under subsection (1) expires on the fourth anniversary of its commencement and cannot be remade in relation to the same species of animal. 60C—Permit for farming protected animals (1) The Minister may grant to a person a permit— (a) to take an animal or the eggs of an animal from the wild or to slaughter or destroy in any other manner an animal in captivity; or (b) to keep an animal or to have possession or control of the eggs of an animal; or (c) to sell an animal or the carcass or eggs of an animal, in the course of carrying on the business of farming animals of that species. (2) A person is not entitled to carry on the commercial farming of protected animals pursuant to a permit granted under any other provision of this Act after the expiration of 12 months following the inclusion in Schedule 11 of the species to which the animals belong. (3) The Minister must not grant a permit under subsection (1) for the commercial farming of protected animals— (a) if a code of management has not been adopted by the Minister under this Division in respect of the species of animal to which the permit will relate; or (b) if the permit would, in the Minister's opinion, be seriously at variance with the code of management referred to in paragraph (a). (4) A permit for the trial farming of protected animals of a particular species expires at the expiration of the term for which it was granted or when the declaration under section 60BA in relation to that species expires whichever occurs first. (5) The Minister must not grant a permit under subsection (1) to take an animal or the eggs of an animal from the wild unless he or she is satisfied that the removal of animals or eggs pursuant to the permit is desirable in order to reduce or control a population of animals that is causing, or is likely to cause, damage to the environment or to crops, stock or other property. (6) A permit granted under subsection (1) is subject to such limitations, restrictions or conditions as are imposed by this section or by the Minister under section 69 or by a notice under section 60BA or are prescribed from time to time by regulation. (7) An animal taken from the wild or an animal raised from an egg taken from the wild cannot be slaughtered or destroyed in any other manner pursuant to a permit granted under subsection (1) except— (a) as a last resort to terminate the animal's suffering; or (b) to prevent the spread of a disease with which the animal is infected. (8) A permit that enables the holder to take an animal or the eggs of an animal from the wild is subject to a condition requiring the holder within 14 days after taking animals or eggs pursuant to the permit to deliver to the Minister a report in the prescribed form stating the number of animals and eggs taken. (9) A permit granted under subsection (1) authorises— (a) the sale of eggs of the species to which the permit relates to a person who carries on the business of farming animals of that species; and (b) the sale of eggs of that species to any other person subject to the written approval of the Minister. (10) It is lawful to— (a) take a protected animal or the eggs of a protected animal from the wild or to slaughter or destroy in any other manner an animal in captivity; or (b) keep a protected animal or to have possession or control of the eggs of a protected animal; or (c) sell a protected animal or the carcass or eggs of a protected animal, pursuant to a permit granted under subsection (1). 60D—Code of management (1) The Minister must prepare a draft code of management in respect of each species of animal named in Schedule 11. (1a) The Minister may prepare a draft code of management in respect of a species of animal that has been declared to be a species for the purpose of trial farming under this Division. (2) A draft code must address the following matters: (a) the effect of taking individual animals or eggs from the wild on the species concerned and on the ecosystem of which they formed part; and (b) the welfare of the animals in captivity; and (c) the need for research in relation to farming the species concerned; and (d) the identification of animals and animal products; and (e) any other matters that should, in the opinion of the Minister, be addressed. (3) A draft code may incorporate the whole or part of the Australian Model Code of Practice for the time being applicable to the welfare of the species to which the draft code relates by reference to the model code or to the relevant parts of it. (4) The Minister must provide the Minister administering the Livestock Act 1997 with a copy of the draft code of management for comment. (5) The Minister must, by public notice— (a) state the place or places at which copies of the draft code can be inspected or purchased; and (b) invite interested persons to provide the Minister with written comments in relation to the draft code. (5a) A draft code must be made available for public comment for at least three months before adoption by the Minister. (6) Before adopting a draft code of management the Minister must have regard to comments (if any) made by the Minister administering the Livestock Act 1997 or by members of the public and may, if the Minister thinks fit, vary the draft code to take account of those comments. (7) A code of management adopted by the Minister must be published in the Gazette and public notice must be given stating the place or places at which copies of the code may be inspected or purchased. (8) A code of management may be replaced or varied by a further code prepared and adopted by the Minister in accordance with this section. (9) If a draft code of management has been prepared under subsection (1a) and made available to the public for comment within 12 months before the species to which the code relates is named in Schedule 11, the draft code will be taken to have been drafted and made available to the public after the species was named in Schedule 11. 60E—Royalty (1) Where royalty is payable under this Act in respect of a species to which a permit granted under this Division applies, royalty is payable— (a) in respect of an animal or the eggs of an animal of that species taken from the wild pursuant to the permit; and (b) in respect of an animal of that species slaughtered in captivity pursuant to the permit. (2) Where a permit relates to animals in respect of which a royalty is payable under this Act, the Minister may require the applicant to pay (when the permit is granted or at any later time) an amount equal to the total amount of royalty that would be payable if all the animals that could be taken or slaughtered, and all the eggs that could be taken, pursuant to the permit were taken or slaughtered. 60F—Application of fees and royalty (1) Fees paid in respect of permits granted under this Division and royalty paid under this Act in respect of animals or eggs to which those permits relate must be paid into the Wildlife Conservation Fund and must be applied from the Fund— (a) in payment of the costs of administering this Division; and (b) for the benefit of the industry of farming the species of animal to which the permits relate; and (c) for research into the impact upon the species of animal to which the permits relate of the taking of animals and eggs from the wild pursuant to those permits. (2) The fees fixed by regulation in respect of permits granted under this Division may exceed the Minister's costs in granting the permits and administering this Division in relation to the permits. Division 4B—Harvesting of protected animals 60G—Application of Division (1) The Minister may, by notice published in the Gazette, declare that this Division applies to, and in relation to, animals of one or more of the following species: (a) red kangaroo—macropus rufus; (b) western grey kangaroo—macropus fuliginosus melanops; (c) euro (wallaroo) (hill kangaroo)—macropus robustus. (2) The Minister may, by subsequent notice published in the Gazette, vary or revoke a notice under subsection (1). (3) The Governor may, by regulation made on the recommendation of the Minister, declare that this Division applies to, and in relation to, protected animals of a species (not being a species referred to in subsection (1)) named in the regulation. (4) The Minister must not make a recommendation under subsection (3) unless he or she is satisfied that there is sufficient scientific knowledge available in relation to the species concerned to enable the matters referred to in section 60I(2)(a), (b), (c) and (d) to be addressed adequately. 60H—Interpretation In this Division, unless the contrary intention appears— harvesting of a protected animal means— (a) to kill the protected animal in the wild; or (b) to capture the protected animal from the wild and then kill it, in order to sell the carcass of the animal or to use it for any other purpose. 60I—Plan of management (1) The Minister must prepare a draft plan of management in relation to the harvesting of each species of protected animal to which this Division applies. (2) The draft plan must— (a) assess the likely impact of harvesting 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 purposes of harvesting in 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 pursuant to a permit under this Division; and (f) address any other matters that should, in the opinion of the Minister, be addressed. (3) The Minister must provide the Minister administering the Livestock Act 1997 with a copy of the draft plan of management for comment. (4) The Minister must, by public notice— (a) state the place or places at which copies of the draft plan can be inspected or purchased; and (b) invite interested persons to provide the Minister with written comments in relation to the draft plan. (5) A draft plan must be made available for public comment for at least three months before adoption by the Minister. (6) Before adopting a draft plan the Minister must have regard to comments (if any) made by the Minister administering the Livestock Act 1997 or by members of the public and may, if the Minister thinks fit, vary the draft plan to take account of those comments. (7) The Minister must, by public notice, state that a plan of management has been adopted under this section. (7a) A notice under subsection (7) must state the place or places at which copies of the plan may be inspected or purchased. (8) A plan of management may be replaced or varied by a further plan prepared and adopted by the Minister in accordance with this section. 60J—Permit for harvesting protected animals (1) If a plan of management has been adopted by the Minister under this Division in relation to a species of protected animal, the Minister may grant a permit to a person to harvest animals of that species and to sell or use the carcasses of the animals that have been harvested. (2) The Minister must not grant a permit under subsection (1) to take animals on a reserve except animals of the following species— (a) red kangaroo—macropus rufus; (b) western grey kangaroo—macropus fuliginosus melanops; (c) euro (wallaroo) (hill kangaroo)—macropus robustus, and then only if— (d) the Minister has adopted a plan of management under section 38 in relation to the reserve; and (e) the plan of management provides for the culling of animals of the species to which the permit relates in order to preserve animal or plant habitats or wildlife; and (f) the permit only authorises the harvesting of animals that would otherwise be culled from the reserve pursuant to the plan of management. (3) The Minister must not grant a permit under subsection (1) unless he or she is satisfied that the taking of animals of the species concerned pursuant to the permit and all other permits granted under this section or under some other section of this Act— (a) will not adversely affect the ecosystems which animals of that species form part or the diversity of the species of animals and plants comprising those ecosystems; and (b) will not adversely affect the species as a renewable resource for harvesting in the future. (4) A permit granted under subsection (1) is subject to such limitations, restrictions or conditions as are imposed by this section or by the Minister under section 69 or are prescribed from time to time by regulation. (5) A permit granted under subsection (1) is subject to a condition requiring the holder of the permit to use the methods and observe the procedures set out in the management plan for the killing, the capture and killing and the treatment after capture, of animals of the species to which the permit relates. (6) It is lawful to— (a) harvest protected animals; and (b) sell, use or give away the carcass of a protected animal, pursuant to a permit granted under subsection (1). 60K—Royalty Where a permit under this Division relates to animals in respect of which a royalty is payable under this Act, the Minister may require the applicant to pay (when the permit is granted or at any later time) an amount equal to the total amount of royalty that would be payable if all the animals that could be harvested pursuant to the permit were harvested. 60L—Application of fees and royalty (1) Fees paid in respect of permits granted under this Division and royalty paid under this Act in respect of animals to which those permits relate must be paid into the Wildlife Conservation Fund and must be applied from the Fund— (a) in payment of the costs of administering this Division; and (b) for research into the impact on the species of animals to which the permits relate of the harvesting of animals pursuant to those permits. (2) The fees fixed by regulation in respect of permits granted under this Division may exceed the Minister's costs in granting the permits and administering this Division in relation to the permits. Division 5—Royalty 61—Royalty (1) The Governor may, by regulation, declare that royalty is payable to the Wildlife Conservation Fund— (a) on an animal specified in the regulation; or (b) on the carcass or skin of an animal specified in the regulation; or (c) on any egg of an animal specified in the regulation; or (d) on a native plant specified in the regulation, by any person by whom any such animal, carcass, skin, egg or plant is taken. (2) An animal, or the carcass, skin or egg of an animal or a native plant may be specified in a regulation under subsection (1) by reference to the species of the animal or plant or by reference to any other class to which the animal or plant belongs. (3) The amount of royalty fixed by a regulation may vary according to— (a) the species or other class to which the animal or plant belongs; or (b) the size, age, quality, standard or condition of the animal, carcass, skin, egg or plant; or (c) a combination of the factors referred to in paragraphs (a) and (b). (4) Without limiting any other provision of this section, a regulation under this section may provide that it applies only in respect of an animal, or the carcass, skin or egg of an animal, taken in a game reserve. 62—Demand for royalty (1) The Director or a warden may demand orally or in writing that any person pay to the Director all royalty for which that person is liable under this Act. (2) A person who fails to comply with a demand under subsection (1) within 48 hours of the demand is guilty of an offence. (3) In any proceedings under this section the court may order the defendant to pay to the Director any amount fixed by the court by way of royalty under this Act. (4) Where a person fails to comply with a demand under subsection (1), the Director or a warden may seize any animals, carcasses, skins, eggs or plants upon which royalty is unpaid. (5) The Minister may sell any animals, carcasses, skins, eggs or plants seized under this section and must apply any proceeds of the sale in payment of the unpaid royalty and any amount remaining to the owner of the animals, carcasses, skins, eggs or plants. 63—Recovery of royalty by civil action (1) The Minister may, by action in any court of competent jurisdiction, recover, as a debt, from any person an amount of royalty for which that person is liable under this Act. (2) This section does not derogate from any other remedy available to the Minister for the recovery of royalty. Division 6—General provisions 64—Unlawful entry on land (1) A person must not be on any land for the purpose of taking a protected animal, or the eggs of a protected animal, unless the owner of that land has given that person, not more than six months beforehand, permission in writing to be on the land for that purpose. (2) If the owner or occupier of any land, or the servant or agent of the owner of the land, suspects that a person trespassing on the land is committing, has committed, or is about to commit an offence against this Act, he or she may request the trespasser— (a) to state the trespasser's full name and usual place of residence; and (b) to leave the land. (3) A person of whom a request is made under subsection (2) must comply with it forthwith. (4) A person who has been requested to leave land under this section must not re-enter the land without the permission of the owner. (5) In proceedings for an offence against this section, proof that a person has possession or control of a dog, firearm or device capable of being used for taking a protected animal is evidence that that person was on the land for the purpose of taking a protected animal. owner means— (a) in relation to private land, the owner of the land; and (b) in relation to land held by a Minister, agent or instrumentality of the Crown, that Minister, agent or instrumentality or a person authorised by the Minister, agent or instrumentality; and (c) in relation to unalienated land of the Crown, the Minister administering the Crown Lands Act 1929 or a person authorised by that Minister. 65—Use of poison (1) A person who, without a permit granted by the Minister, uses poison for the purpose of taking a protected animal is guilty of an offence. (2) If a protected animal is taken as a result of the use of poison by a person without a permit granted by the Minister, that person is guilty of an offence. (3) It is a defence to a charge under subsection (2) that the defendant— (a) used the poison in good faith for the purpose of destroying vermin under the Landscape South Australia Act 2019; and (b) exercised such precautions as the defendant might reasonably be expected to have exercised in the circumstances to avoid endangering protected animals by the use of poison. (4) In this section— poison means any substance that might endanger the life or health of a protected animal. 66—Restriction on use of certain devices (1) The Governor may, by proclamation, restrict or prohibit the use of firearms or devices of a specified class for the taking of particular species of animals or for the taking of animals generally. (2) A person who contravenes a restriction or prohibition imposed under subsection (1) is guilty of an offence. 67—Devices for the illegal taking of animals (1) A warden may dismantle and remove any device by which animals have been taken illegally or by which animals are in the warden's opinion likely to be taken illegally. (2) Any device removed by a warden pursuant to this section is forfeited to the Crown and may be sold or otherwise disposed of by the Director. 68—Molestation etc of protected animals (1) A person must not— (a) interfere with, harass or molest, or cause or permit the interference with, harassment or molestation of, a protected animal; or (b) undertake or continue an act or activity that is, or is likely to be, detrimental to the welfare of a protected animal after being directed by a warden not to undertake, or to stop, that act or activity; or (c) undertake or continue an act or activity in relation to a protected animal that is contrary to regulations promulgated under this section, unless he or she acts in pursuance of this Act or a permit granted by the Minister under this section or another provision of this Act or in pursuance of some other Act or statutory instrument. In the case of a marine mammal—$100 000 or imprisonment for 2 years. In the case of an animal (not being a marine mammal) of an endangered species—$10 000 or imprisonment for 2 years. In the case of an animal (not being a marine mammal) of a vulnerable species—$7 500 or imprisonment for 18 months. In the case of an animal (not being a marine mammal) of a rare species—$5 000 or imprisonment for 12 months. (2) The Minister may grant a permit to a person to undertake an act or activity that would otherwise contravene paragraph (a), (b) or (c) of subsection (1). (3) It is a defence to a charge of an offence against subsection (1)(a) to prove— (a) that the defendant acted in the best interests of the animal concerned; or (b) that the defendant acted reasonably to frighten the animal in order to protect himself or herself or another person or to protect— (i) property comprising plants cultivated for commercial or other purposes or animals; or (ii) property of any other kind. 68AA—Prohibition on destroying, damaging or disturbing wombat burrow (1) Subject to subsection (3), a person must not, without a permit granted by the Minister, destroy, damage or disturb the burrow of a wombat. Maximum penalty: $5 000 or imprisonment for 12 months. (2) It is a defence to a charge of an offence against subsection (1) for the defendant to prove that the defendant exercised such precautions as the defendant might reasonably be expected to have exercised in the circumstances to avoid destroying, damaging or disturbing the burrow. (3) A person does not require a permit under subsection (1) if— (a) the burrow is outside a Wombat Burrow Protection Zone; and (b) the person is— (i) the owner of the land where the burrow is located; or (ii) authorised to destroy, damage or disturb (as the case requires) the burrow by the owner of the land where the burrow is located; and (c) the burrow is causing, or is likely to cause, damage to crops, stock, machinery or infrastructure (including tracks and built structures) or may constitute a safety risk or hazard to people. (4) Where a permit is granted for the purposes of this section, no further authorisation or permission for the destruction, damage or disturbance of the burrow is required pursuant to any other Act or law. (5) This section is in addition to, and does not derogate from, any other provision of this Act or any other Act or law relating to the taking or harming of, or interference with, animals. wombat means an animal of the species Vombatus ursinus or Lasiorhinus latifrons; Wombat Burrow Protection Zone means an area declared by the Minister by notice in the Gazette to be a Wombat Burrow Protection Zone for the purposes of this section.