51Offences relating to listed taxa

51 Offences relating to listed taxa

[Section 51 Substituted by No. 107 of 2001, s. 6, Applied:17 Dec 2001]

(1)  Subject to subsections (2) and (3) , a person must not knowingly, without a permit –

(a) take, keep, trade in or process any specimen of a listed taxon of flora or fauna; or

(b) disturb any specimen of a listed taxon of flora or fauna found on land subject to an interim protection order; or

(c) disturb any specimen of a listed taxon of flora or fauna contrary to a land management agreement; or

(d) [Section 51 Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] disturb any specimen of a listed taxon of flora or fauna that is subject to a conservation covenant entered into under Part 5 of the Nature Conservation Act 2002 ; or

(e) abandon or release any specimen of a listed taxon of flora or fauna into the wild.

Penalty:  [Section 51 Subsection (1) amended by No. 10 of 2018, s. 4, Applied:10 Sep 2018] Fine not exceeding 629 penalty units or imprisonment for a term not exceeding 12 months, or both, and a further fine not exceeding 126 penalty units for each day during which the offence continues after conviction.

(2)  A person may take, keep or process, without a permit, a specimen of a listed taxon of flora in a domestic garden.

(3)  [Section 51 Subsection (3) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] A person acting in accordance with a certified forest practices plan or a public authority management agreement may take, without a permit, a specimen of a listed taxon of flora or fauna, unless the Secretary, by notice in writing, requires the person to obtain a permit.

(4)  [Section 51 Subsection (4) amended by No. 34 of 2015, s. 19, Applied:01 Jan 2016] A person undertaking dam works in accordance with a Division 3 permit issued under the may take, without a permit, a specimen of a listed taxon of flora or fauna.