sec.42Taking animals

sec.42 Taking animals

This section applies in relation to a protected animal if— either or both of the following circumstances apply— the animal is causing, or may cause, damage to the aviation infrastructure of an airport; the presence of the animal at an airport is, or may be, a threat to the safety of aircraft, or persons on or around aircraft, operating at an airport; and the owner of the airport has made a reasonable attempt to prevent or minimise the damage or threat and the action taken has not prevented or minimised the damage or threat. installing a fence or other enclosure to prevent an animal from accessing an airport using an audio or visual device or other thing to deter an animal from accessing an airport The owner of the airport, or a relevant person for the owner, may— take the animal at the airport if— the taking of the animal will not adversely affect the survival of the animal in the wild; and the proposed way of taking the animal is humane; and remove or otherwise deal with an animal breeding place used by the animal. Also, the owner or relevant person may— keep an animal taken under subsection (2) (a) for releasing the animal under paragraph (b) ; and release the animal into a prescribed natural habitat for the animal. In this section— aviation infrastructure , of an airport, means infrastructure directly connected with the operation of aircraft at the airport. s 42 amd 2023 SL No. 77 s 5 (sec.42-ssec.1) This section applies in relation to a protected animal if— either or both of the following circumstances apply— the animal is causing, or may cause, damage to the aviation infrastructure of an airport; the presence of the animal at an airport is, or may be, a threat to the safety of aircraft, or persons on or around aircraft, operating at an airport; and the owner of the airport has made a reasonable attempt to prevent or minimise the damage or threat and the action taken has not prevented or minimised the damage or threat. installing a fence or other enclosure to prevent an animal from accessing an airport using an audio or visual device or other thing to deter an animal from accessing an airport (sec.42-ssec.2) The owner of the airport, or a relevant person for the owner, may— take the animal at the airport if— the taking of the animal will not adversely affect the survival of the animal in the wild; and the proposed way of taking the animal is humane; and remove or otherwise deal with an animal breeding place used by the animal. (sec.42-ssec.3) Also, the owner or relevant person may— keep an animal taken under subsection (2) (a) for releasing the animal under paragraph (b) ; and release the animal into a prescribed natural habitat for the animal. (sec.42-ssec.4) In this section— aviation infrastructure , of an airport, means infrastructure directly connected with the operation of aircraft at the airport.

• (a) either or both of the following circumstances apply— (i) the animal is causing, or may cause, damage to the aviation infrastructure of an airport; (ii) the presence of the animal at an airport is, or may be, a threat to the safety of aircraft, or persons on or around aircraft, operating at an airport; and