70Fauna in wildlife refuges and other areas

#### 70 Fauna in wildlife refuges and other areas 70 Fauna in wildlife refuges and other areas > > (1) A person shall not— > > > > > (a) harm any fauna, or > > > > > (b) use any animal, firearm, explosive, net, trap, hunting device or instrument or means whatever for the purpose of harming any fauna, > > > > being fauna within a wildlife refuge, conservation area, wilderness area or area subject to a wilderness protection agreement. > > > (2) A person shall not— > > > > > (a) carry, discharge or have in the person’s possession any prohibited weapon, > > > > > (b) carry or have in the person’s possession any explosive, net, trap or hunting device, or > > > > > (c) be accompanied by a dog, > > > > in a wildlife refuge, conservation area, wilderness area or area subject to a wilderness protection agreement. > > > (3) A person shall not be convicted of an offence arising under subsection (1) or (2) 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authorisation under section 171 or a licence under Part 6 of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101), or 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 (2) in respect of the carrying or having in the person’s possession of a net in a wildlife refuge, conservation area, wilderness area or area subject to a wilderness protection agreement 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 (5) (Repealed) > > > (6) A person, being an owner, lessee or occupier of any lands within a wildlife refuge, conservation area, wilderness area or area subject to a wilderness protection agreement, or a person authorised by such an owner, lessee or occupier in that behalf, shall not be convicted of— > > > > > (a) an offence arising under subsection (1) in respect of the harming of any fauna within those lands, being fauna that is not native to Australia and that is either— > > > > > > > (i) not protected fauna, or > > > > > > > (ii) locally unprotected fauna under section 96, or > > > > > (b) an offence arising under subsection (2) in relation to those lands. > > > (6AA) Subsections (5) and (6) do not apply to the harming for sporting or recreational purposes of game birds that are locally unprotected fauna. > > > (6A) Subject to subsection (6B), a person shall not be convicted of an offence arising under this section if— > > > > > (a) the offence occurred with respect to a conservation area or area subject to a wilderness protection agreement, and > > > > > (b) the act or the state of affairs constituting the offence did not contravene the conservation agreement or wilderness protection agreement relating to the area. > > > (6B) Subsection (6A) does not extend to the damaging of critical habitat or the harming of threatened species, populations or ecological communities. > > > (7) 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) or (2) or both. > > **s 70:** Am 1983 No 183, Sch 3 (21); 1987 No 158, Sch 1 (7); 1987 No 197, Sch 1 (11); 1995 No 60, Sch 1 \[2\]; 1995 No 101, Sch 4 \[40\]–\[46\]; 2001 No 130, Sch 1 \[127\] \[139\]–\[141\]; 2002 No 78, Sch 2.5 \[5\]; 2008 No 62, Sch 1.16 \[2\]; 2021 No 47, Sch 1.1\[11\].