46Protection of fauna and habitat

46 Protection of fauna and habitat

(1) A person must not disturb, remove or cause any harm to fauna in a recreational area unless permitted to do so under subregulation (5).

Penalty: 20 penalty units.

(2) A person must not disturb, remove or cause any harm to the habitat of fauna in a recreational area unless permitted to do so under subregulation (5).

Penalty: 20 penalty units.

(3) A person must not offer food or any object as food to fauna in a recreational area unless permitted to do so under subregulation (5).

Penalty: 20 penalty units.

(4) For the purposes of subregulation (1) or (2), to cause any harm to fauna or the habitat of fauna includes doing any of the following—

(a) harassing, hunting, capturing, killing or injuring fauna;

(b) causing physical injury to fauna;

(c) tampering with fauna or the habitat of fauna;

(d) setting fauna or the habitat of fauna alight;

(e) causing any other damage to fauna or the habitat of fauna.

(5) A person may do any thing referred to in subregulation (1), (2) or (3) if the person—

(a) is acting under and in accordance with a permit, licence or authority issued or granted under any of the following—

(i) the Firearms Act 1996;

(ii) the Fisheries Act 1995;

(iii) the Flora and Fauna Guarantee Act 1988;

(iv) the Wildlife Act 1975; or

(b) has express permission to do that thing in the recreational area.