sec.335Tampering with animal breeding place

sec.335 Tampering with animal breeding place

A person must not, without a reasonable excuse, remove, or tamper with, an animal breeding place that is being used by a protected animal to incubate or rear the animal’s offspring. Maximum penalty—165 penalty units. See also section 88C of the Act for offences relating to flying-fox roosts. For subsection (1) , an animal breeding place is being used by a protected animal to incubate or rear the animal’s offspring if— the animal is preparing, or has prepared, the place for incubating or rearing the animal’s offspring; or the animal is breeding, or is about to breed, and is physically occupying the place; or the animal and the animal’s offspring are physically occupying the place, even if the occupation is only periodical; or the animal has used the place to incubate or rear the animal’s offspring and is of a species generally known to return to the same place to incubate or rear offspring in each breeding season for the animal. Subsection (1) does not apply if— the person is an authorised person; or the removal or tampering by the person is— authorised under the Act ; or reasonably necessary for the person to carry out an activity authorised under the Act ; or the removal or tampering is part of an approved species management program for the animal. In this section— approved species management program , for an animal, means a program about managing the population and habitat of the species of animal that is approved by the chief executive. tamper , with an animal breeding place, means damage, destroy, mark, move or dig up the breeding place. (sec.335-ssec.1) A person must not, without a reasonable excuse, remove, or tamper with, an animal breeding place that is being used by a protected animal to incubate or rear the animal’s offspring. Maximum penalty—165 penalty units. See also section 88C of the Act for offences relating to flying-fox roosts. (sec.335-ssec.2) For subsection (1) , an animal breeding place is being used by a protected animal to incubate or rear the animal’s offspring if— the animal is preparing, or has prepared, the place for incubating or rearing the animal’s offspring; or the animal is breeding, or is about to breed, and is physically occupying the place; or the animal and the animal’s offspring are physically occupying the place, even if the occupation is only periodical; or the animal has used the place to incubate or rear the animal’s offspring and is of a species generally known to return to the same place to incubate or rear offspring in each breeding season for the animal. (sec.335-ssec.3) Subsection (1) does not apply if— the person is an authorised person; or the removal or tampering by the person is— authorised under the Act ; or reasonably necessary for the person to carry out an activity authorised under the Act ; or the removal or tampering is part of an approved species management program for the animal. (sec.335-ssec.4) In this section— approved species management program , for an animal, means a program about managing the population and habitat of the species of animal that is approved by the chief executive. tamper , with an animal breeding place, means damage, destroy, mark, move or dig up the breeding place.