171Authority to harm or pick

171 Authority to harm or pick

171 Authority to harm or pick

(1) The Secretary may authorise any person—

(a) to harm—

(i) animals within a national park, historic site, nature reserve, karst conservation reserve, state conservation area, regional park, Aboriginal area, wildlife refuge or conservation area, or

(ii) protected fauna outside a park, site, reserve, area or refuge referred to in subparagraph (i), other than fauna that are not the property of the Crown,

(b) to fell, cut, destroy, injure, remove or set fire to any tree, timber or vegetation within a nature reserve or karst conservation reserve, or

(c) to pick or have in the person’s possession any native plant within a nature reserve or karst conservation reserve.

(1A) The Secretary may, in an authority given under subsection (1) or in another instrument served on the person to whom the authority is given, limit the kinds or numbers of animals, trees, timber, vegetation or native plants with respect to which an authority has effect.

(1B) An authority under subsection (1) authorising game birds to be harmed does not extend to the harming of game birds for sporting or recreational purposes. However, an authority can authorise a sporting or recreational shooter to harm game birds for any other specified lawful purpose.

(2) A person shall not be convicted of an offence against this Act if the person proves that the act constituting the offence was done, or the state of affairs constituting the offence existed, under the authority of the Secretary under this section.

(3) For the purposes of this Act, the Secretary shall be deemed to be authorised under subsection (1) with respect to all animals, and all trees, timber, vegetation and native plants, to which that subsection relates or may relate.

(4) Except in so far as the Secretary otherwise directs, the Secretary’s authorisation of a person under subsection (1) also authorises that person to do, in connection with the authorised activity, any act referred to in section 45 (1) or 56 (1).

(5) Subsection (1) (a) (i) does not apply with respect to an animal that is not the property of the Crown unless the animal apparently has no owner and is not under control or unless an officer of the Service believes on reasonable grounds that the animal is endangering, or likely to endanger, any other animals or any persons or property within the park, site, reserve, area or refuge referred to in subsection (1) (a) (i).