sec.62Restriction on taking etc. of cultural and natural resources of protected areas

### sec.62 Restriction on taking etc. of cultural and natural resources of protected areas A person, other than an authorised person, must not take, use, keep or interfere with a cultural or natural resource of a protected area, other than under— the interim or declared management intent for the area; or an Indigenous management agreement in relation to the area or any conservation agreement, conservation covenant or management program applicable to the area; or a lease, agreement, licence, permit or other authority granted, made, issued or given— by the chief executive under a prescribed provision; or under the Forestry Act 1959 or Mineral Resources Act 1989 ; or under another Act by the Governor in Council, or someone else with the consent of the Minister or chief executive; or a licence, permit or other authority issued or given under a regulation; or if the area is a conservation park, resources reserve, nature refuge or a coordinated conservation area—an exemption under a regulation. Maximum penalty—3,000 penalty units or 2 years imprisonment. It is a defence to a charge of taking or interfering with a cultural or natural resource in contravention of subsection (1) to prove that— the taking or interference happened in the course of a lawful activity that was not directed towards the taking or interference; and the taking or interference could not have been reasonably avoided. Subsection (2) does not allow a person to use or keep the resource. Despite subsection (1) and section 15 , but subject to the conditions prescribed under a regulation, a person may take— a fish in a prescribed place; or an invertebrate animal in a prescribed place for use as bait to take fish under paragraph (a) ; or a mud crab ( Scylla serrata ) in a prescribed place. However, subsection (4) does not authorise a person to take— an animal for a commercial purpose; or an animal prescribed under this Act as threatened or near threatened wildlife; or an animal prescribed under a regulation for this paragraph. Also, subsection (4) does not, in itself, authorise a person to enter a prescribed place. In this section— national park includes a national park (Aboriginal land), national park (Torres Strait Islander land) and national park (Cape York Peninsula Aboriginal land). prescribed place means a national park, or part of a national park, prescribed under a regulation for subsection (4) (a) , (b) or (c) . prescribed provision means section 34 , 35 , 35A , 36 , 37 , 38 , 42AD , 42AE , 42AEA , 42AN , 42AO , 42AOA , 42AP , 43F , 43G or 43H . s 62 amd 1994 No. 42 s 12 ; 1997 No. 8 s 4 ; 2000 No. 44 s 24 ; 2004 No. 14 s 4 ; 2005 No. 53 s 133 ; 2007 No. 48 s 49A ; 2013 No. 55 ss 142 , 175 sch 1 pt 1 ; 2016 No. 22 s 21 ; 2019 No. 8 s 16 ; 2022 No. 21 s 10 ; 2024 No. 17 s 192 sch 1 pt 3 (sec.62-ssec.1) A person, other than an authorised person, must not take, use, keep or interfere with a cultural or natural resource of a protected area, other than under— the interim or declared management intent for the area; or an Indigenous management agreement in relation to the area or any conservation agreement, conservation covenant or management program applicable to the area; or a lease, agreement, licence, permit or other authority granted, made, issued or given— by the chief executive under a prescribed provision; or under the Forestry Act 1959 or Mineral Resources Act 1989 ; or under another Act by the Governor in Council, or someone else with the consent of the Minister or chief executive; or a licence, permit or other authority issued or given under a regulation; or if the area is a conservation park, resources reserve, nature refuge or a coordinated conservation area—an exemption under a regulation. Maximum penalty—3,000 penalty units or 2 years imprisonment. (sec.62-ssec.2) It is a defence to a charge of taking or interfering with a cultural or natural resource in contravention of subsection (1) to prove that— the taking or interference happened in the course of a lawful activity that was not directed towards the taking or interference; and the taking or interference could not have been reasonably avoided. (sec.62-ssec.3) Subsection (2) does not allow a person to use or keep the resource. (sec.62-ssec.4) Despite subsection (1) and section 15 , but subject to the conditions prescribed under a regulation, a person may take— a fish in a prescribed place; or an invertebrate animal in a prescribed place for use as bait to take fish under paragraph (a) ; or a mud crab ( Scylla serrata ) in a prescribed place. (sec.62-ssec.5) However, subsection (4) does not authorise a person to take— an animal for a commercial purpose; or an animal prescribed under this Act as threatened or near threatened wildlife; or an animal prescribed under a regulation for this paragraph. (sec.62-ssec.6) Also, subsection (4) does not, in itself, authorise a person to enter a prescribed place. (sec.62-ssec.7) In this section— national park includes a national park (Aboriginal land), national park (Torres Strait Islander land) and national park (Cape York Peninsula Aboriginal land). prescribed place means a national park, or part of a national park, prescribed under a regulation for subsection (4) (a) , (b) or (c) . prescribed provision means section 34 , 35 , 35A , 36 , 37 , 38 , 42AD , 42AE , 42AEA , 42AN , 42AO , 42AOA , 42AP , 43F , 43G or 43H . - (a) the interim or declared management intent for the area; or - (b) an Indigenous management agreement in relation to the area or any conservation agreement, conservation covenant or management program applicable to the area; or - (c) a lease, agreement, licence, permit or other authority granted, made, issued or given— (i) by the chief executive under a prescribed provision; or (ii) under the Forestry Act 1959 or Mineral Resources Act 1989 ; or (iii) under another Act by the Governor in Council, or someone else with the consent of the Minister or chief executive; or - (i) by the chief executive under a prescribed provision; or - (ii) under the Forestry Act 1959 or Mineral Resources Act 1989 ; or - (iii) under another Act by the Governor in Council, or someone else with the consent of the Minister or chief executive; or - (d) a licence, permit or other authority issued or given under a regulation; or - (e) if the area is a conservation park, resources reserve, nature refuge or a coordinated conservation area—an exemption under a regulation. - (i) by the chief executive under a prescribed provision; or - (ii) under the Forestry Act 1959 or Mineral Resources Act 1989 ; or - (iii) under another Act by the Governor in Council, or someone else with the consent of the Minister or chief executive; or - (a) the taking or interference happened in the course of a lawful activity that was not directed towards the taking or interference; and - (b) the taking or interference could not have been reasonably avoided. - (a) a fish in a prescribed place; or - (b) an invertebrate animal in a prescribed place for use as bait to take fish under paragraph (a) ; or - (c) a mud crab ( Scylla serrata ) in a prescribed place. - (a) an animal for a commercial purpose; or - (b) an animal prescribed under this Act as threatened or near threatened wildlife; or - (c) an animal prescribed under a regulation for this paragraph.