sec.83Property in protected animals

### sec.83 Property in protected animals Subject to subsections (2) to (5) , sections 85 and 86 and the provisions of any captive breeding agreement, all protected animals are the property of the State. A protected animal ceases to be the property of the State if— the animal is taken under a licence, permit or other authority issued or given under a regulation; and under a conservation plan property in the animal passes from the State on that taking of the animal. A protected animal to which subsection (2) applies becomes the property of the holder of the authority, subject to the rights in the animal of any other person (other than the rights of the State under subsection (1) ). A protected animal that is the progeny of an animal to which subsection (2) applies is the property of the owner of the progeny’s female parent, subject to the rights in the animal of any other person (other than the rights of the State under subsection (1) ). If— a person is keeping an animal that is not a protected animal; and the animal becomes a protected animal because of the making of a regulation under this Act; the animal and its progeny do not become the property of the State merely because of the making of the regulation. s 83 amd 1994 No. 42 s 2 sch ; 2000 No. 44 s 39 ; 2004 No. 48 s 170 (sec.83-ssec.1) Subject to subsections (2) to (5) , sections 85 and 86 and the provisions of any captive breeding agreement, all protected animals are the property of the State. (sec.83-ssec.2) A protected animal ceases to be the property of the State if— the animal is taken under a licence, permit or other authority issued or given under a regulation; and under a conservation plan property in the animal passes from the State on that taking of the animal. (sec.83-ssec.3) A protected animal to which subsection (2) applies becomes the property of the holder of the authority, subject to the rights in the animal of any other person (other than the rights of the State under subsection (1) ). (sec.83-ssec.4) A protected animal that is the progeny of an animal to which subsection (2) applies is the property of the owner of the progeny’s female parent, subject to the rights in the animal of any other person (other than the rights of the State under subsection (1) ). (sec.83-ssec.5) If— a person is keeping an animal that is not a protected animal; and the animal becomes a protected animal because of the making of a regulation under this Act; the animal and its progeny do not become the property of the State merely because of the making of the regulation. - (a) the animal is taken under a licence, permit or other authority issued or given under a regulation; and - (b) under a conservation plan property in the animal passes from the State on that taking of the animal. - (a) a person is keeping an animal that is not a protected animal; and - (b) the animal becomes a protected animal because of the making of a regulation under this Act;