45Provisions respecting animals in parks and sites

#### 45 Provisions respecting animals in parks and sites 45 Provisions respecting animals in parks and sites > > (1) A person shall not— > > > > > (a) harm any animal that is within a national park or historic site, or > > > > > (b) discharge a prohibited weapon in a national park or historic site. > > > (2) A person who commits an offence arising under subsection (1) is liable to the penalty prescribed by section 175 for an offence against this Act or to imprisonment for a term not exceeding 6 months or both. > > > (3) A person shall not be convicted of an offence arising under subsection (1) if the person proves that the act constituting the offence was done— > > > > > (a) under and in accordance with or by virtue of the authority conferred by an authorisation under section 171, or > > > > > (b) in pursuance of a duty imposed on the person by or under any Act. > > > (4) A person, being a lessee or occupier of any lands within a national park or historic site, or a person authorised by such a lessee or occupier in that behalf, shall not be convicted of an offence arising under subsection (1) in respect of the harming of any animal (other than fauna or an animal of a threatened species) that is within those lands, other than fauna. > > > (5) The regulations may make provision for or with respect to exempting, subject to the prescribed conditions and restrictions (if any), any person or class or description of persons from the provisions of subsection (1). > > > (6) This section does not prevent— > > > > > (a) an Aboriginal owner on whose behalf the lands of a national park or historic site are held by one or more Aboriginal Land Councils in accordance with Part 4A, or > > > > > (b) any other Aboriginal person who has the consent of the Aboriginal owner board members, > > > > from harming an animal within the park or site for domestic purposes or for ceremonial or cultural purposes (other than an animal of a threatened species or an animal protected by the plan of management for the park or site). > > **s 45:** Am 1983 No 183, Sch 6 (6); 1995 No 101, Sch 4 \[17\] \[18\]; 1996 No 142, Sch 1 \[6\]; 2002 No 78, Sch 2.5 \[3\]; 2008 No 62, Sch 1.16 \[2\]; 2010 No 38, Sch 1 \[17\]; 2021 No 47, Sch 1.1\[9\].