18Taking or possessing partly protected wildlife

18 Taking or possessing partly protected wildlife

(1)  A person must not take partly protected wildlife, or a product of partly protected wildlife, unless the person is authorised to do so by a licence or permit.

Penalty:  Fine not exceeding 100 penalty units.

(2)  A person must not take partly protected wildlife, or a product of partly protected wildlife, other than during the open season for the wildlife unless the person is authorised to do so by a licence or permit.

Penalty:  Fine not exceeding 100 penalty units.

(3)  Subregulations (1) and (2) do not apply to the taking of partly protected wildlife, or a product of partly protected wildlife –

(a) if the product of wildlife is an egg that was laid by a pheasant, or brown quail, that was in captivity at the time at which the egg was so laid; or

(b) by a person in the course of –

(i) undertaking the clearance of native vegetation, or the harvesting of trees, in accordance with a certified forest practices plan or a public authority management agreement; or

(ii) undertaking dam works in accordance with a permit issued under Part 8 of the Water Management Act 1999 ; or

(iii) undertaking an activity in accordance with a public authority management agreement, within the meaning of the Threatened Species Protection Act 1995 .

(4)  A person must not possess partly protected wildlife, or a product of partly protected wildlife, to which this regulation applies, unless –

(a) the person is authorised to do so by a licence or permit; or

(b) the wildlife is a wallaby, brushtail possum, pheasant, brown quail or wild duck; or

(c) the product of wildlife is an egg that was laid by a pheasant, or brown quail, that was in captivity at the time at which the egg was so laid; or

(d) the partly protected wildlife, or product of partly protected wildlife, is a juvenile muttonbird that has been taken as part of an Aboriginal cultural activity within the meaning of section 73 of the Act.