Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 88C

88C Restrictions relating to flying-foxes and flying-fox roosts

(1) A person must not destroy a flying-fox roost unless the person is an authorised person or the destruction is authorised under this Act.

Penalty—

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

(2) A person must not drive away, or attempt to drive away, a flying-fox from a flying-fox roost unless the person is an authorised person or the driving away is authorised under this Act.

Penalty—

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

(3) A person must not disturb a flying fox in a flying-fox roost unless the person is an authorised person or the disturbance is authorised under this Act.

Penalty—

Maximum penalty—100 penalty units.

(4) This section does not apply if the flying-fox roost is in a protected area.

Note—

For interfering with natural resources in protected areas, see section 62 (Restriction on taking etc. of cultural and natural resources of protected areas).

(5) Also, this section does not apply for an Aboriginal or Torres Strait Islander person taking, using or keeping a flying-fox under section 93 .

(6) In this section—

"breeding" includes gestating.

"drive away" , a flying-fox from a flying-fox roost, means—

(a) cause the flying-fox to move away from the roost; or

(b) if the flying-fox has moved away from the roost, deter the flying-fox from returning to the roost.

Examples of ways of driving away a flying-fox—

using sound, light, smoke, electric current or chemicals

"flying-fox" means a protected animal of the genus Pteropus.

"flying-fox roost" means a tree or other place where flying-foxes congregate from time to time for breeding or rearing their young.