sec.163Restrictions on grant of permit to prevent damage or loss by animals other than flying-foxes

sec.163 Restrictions on grant of permit to prevent damage or loss by animals other than flying-foxes

This section applies in relation to a damage mitigation permit for a purpose mentioned in section 162 (1) (a) for an animal other than a flying-fox. The chief executive must not grant the permit unless the chief executive is satisfied— the animal is causing, or may cause, damage; and the landholder of the land on which the animal is causing, or may cause, damage has made a reasonable attempt to prevent or minimise the damage and the action taken has not prevented or minimised the damage; and installing a fence or other enclosure, to prevent an animal from accessing land, or property on land, on which the animal is causing or may cause damage using an audio or visual device or other thing to deter an animal from accessing land, or property on land, on which the animal is causing or may cause damage if the damage is not prevented or controlled— persons may suffer significant economic loss; or the ecological sustainability of nature is likely to be harmed; and action under the permit would not adversely affect the survival of the animal in the wild; and the proposed way of taking the animal is humane. s 163 amd 2023 SL No. 77 s 8 ; 2025 SL No. 154 s 3 (sec.163-ssec.1) This section applies in relation to a damage mitigation permit for a purpose mentioned in section 162 (1) (a) for an animal other than a flying-fox. (sec.163-ssec.2) The chief executive must not grant the permit unless the chief executive is satisfied— the animal is causing, or may cause, damage; and the landholder of the land on which the animal is causing, or may cause, damage has made a reasonable attempt to prevent or minimise the damage and the action taken has not prevented or minimised the damage; and installing a fence or other enclosure, to prevent an animal from accessing land, or property on land, on which the animal is causing or may cause damage using an audio or visual device or other thing to deter an animal from accessing land, or property on land, on which the animal is causing or may cause damage if the damage is not prevented or controlled— persons may suffer significant economic loss; or the ecological sustainability of nature is likely to be harmed; and action under the permit would not adversely affect the survival of the animal in the wild; and the proposed way of taking the animal is humane.

• (a) the animal is causing, or may cause, damage; and
• (b) the landholder of the land on which the animal is causing, or may cause, damage has made a reasonable attempt to prevent or minimise the damage and the action taken has not prevented or minimised the damage; and Examples of reasonable attempts to prevent or minimise damage— • installing a fence or other enclosure, to prevent an animal from accessing land, or property on land, on which the animal is causing or may cause damage • using an audio or visual device or other thing to deter an animal from accessing land, or property on land, on which the animal is causing or may cause damage