58QProvisions respecting animals in karst conservation reserves

#### 58Q Provisions respecting animals in karst conservation reserves 58Q Provisions respecting animals in karst conservation reserves > > (1) A person shall not— > > > > > (a) harm any animal that is within a karst conservation reserve, or > > > > > (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 karst conservation reserve, or > > > > > (c) carry, discharge or be in possession of any prohibited weapon in a karst conservation reserve, or > > > > > (d) carry or be in possession of any explosive, net, trap or hunting device in a karst conservation reserve, or > > > > > (e) be accompanied by a dog in a karst conservation 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 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 being in possession of a net if the person proves that the net was carried or was 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 karst conservation 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 karst conservation 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 within the reserve an animal 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 58Q:** Ins 1991 No 55, Sch 1 (5). Am 1995 No 101, Sch 4 \[29\]–\[31\]; 1996 No 142, Sch 1 \[18\]; 2001 No 130, Sch 1 \[127\]; 2008 No 62, Sch 1.16 \[2\]; 2010 No 38, Sch 1 \[17\]; 2011 No 62, Sch 1.11 \[3\]; 2021 No 47, Sch 1.1\[9\].