sec.323Accidental taking of marine mammal or marine turtle

sec.323 Accidental taking of marine mammal or marine turtle

This section applies if— a person takes a marine mammal or a marine turtle in the course of an activity that is— carried out lawfully; and not directed towards taking the animal; and causing a marine mammal to become aground on a shore the taking could not reasonably have been avoided. If the animal is a marine mammal, the person must, unless the person has a reasonable excuse— immediately notify a conservation officer about the animal and the circumstances in which the animal was taken; and if the officer directs the person to deal with the animal in a particular way—deal with the animal in the way directed. Maximum penalty—165 penalty units. See also chapter 6 about marine mammals. If the animal is a marine turtle, the person must— if the turtle is sick, injured, trapped, entangled or dead, or has been struck by a boat— immediately notify a conservation officer about the turtle and the circumstances in which the turtle was taken; and if the officer directs the person to deal with the animal in a particular way—deal with the turtle in the way directed; or otherwise—return the turtle to the waters from which it was taken. Maximum penalty—120 penalty units. A conservation officer may give a direction under subsection (2) (b) or (3) (a) (ii) only if the direction is reasonable in the circumstances. (sec.323-ssec.1) This section applies if— a person takes a marine mammal or a marine turtle in the course of an activity that is— carried out lawfully; and not directed towards taking the animal; and causing a marine mammal to become aground on a shore the taking could not reasonably have been avoided. (sec.323-ssec.2) If the animal is a marine mammal, the person must, unless the person has a reasonable excuse— immediately notify a conservation officer about the animal and the circumstances in which the animal was taken; and if the officer directs the person to deal with the animal in a particular way—deal with the animal in the way directed. Maximum penalty—165 penalty units. See also chapter 6 about marine mammals. (sec.323-ssec.3) If the animal is a marine turtle, the person must— if the turtle is sick, injured, trapped, entangled or dead, or has been struck by a boat— immediately notify a conservation officer about the turtle and the circumstances in which the turtle was taken; and if the officer directs the person to deal with the animal in a particular way—deal with the turtle in the way directed; or otherwise—return the turtle to the waters from which it was taken. Maximum penalty—120 penalty units. (sec.323-ssec.4) A conservation officer may give a direction under subsection (2) (b) or (3) (a) (ii) only if the direction is reasonable in the circumstances.

• (a) a person takes a marine mammal or a marine turtle in the course of an activity that is— (i) carried out lawfully; and (ii) not directed towards taking the animal; and Example of taking of marine mammal in the course of an activity— causing a marine mammal to become aground on a shore