56Provisions respecting animals in nature reserves

#### 56 Provisions respecting animals in nature reserves 56 Provisions respecting animals in nature reserves > > (1) A person shall not— > > > > > (a) harm any animal that is within a nature reserve, > > > > > (b) use any animal, firearm, explosive, net, trap, hunting device or instrument or means whatever for the purpose of harming any animal that is within a nature reserve, > > > > > (c) carry, discharge or have in the person’s possession any prohibited weapon in a nature reserve, > > > > > (d) carry or have in the person’s possession any explosive, net, trap or hunting device in a nature reserve, or > > > > > (e) be accompanied by a dog in a nature reserve. > > > (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, or that the state of affairs constituting the offence existed— > > > > > (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 shall not be convicted of an offence arising under subsection (1) in respect of the carrying or having in the person’s possession of a net if the person proves that the net was carried or in the person’s possession for the purpose only of taking, or attempting to take, fish from any waters. > > > (5) A person, being a lessee or occupier of any lands within a nature reserve, 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 an animal that is within those lands (other than fauna or an animal of a threatened species). > > > (6) 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). > > > (7) Without limiting subsection (6), this section does not prevent— > > > > > (a) an Aboriginal owner on whose behalf the lands of a nature reserve 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 reserve 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 reserve). > > **s 56:** Am 1983 No 183, Sch 6 (6); 1995 No 101, Sch 4 \[19\]–\[21\]; 1996 No 142, Sch 1 \[10\]; 2002 No 78, Sch 2.5 \[4\]; 2008 No 62, Sch 1.16 \[2\]; 2010 No 38, Sch 1 \[17\]; 2021 No 47, Sch 1.1\[9\].