Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 95

95 Payment of conservation value

(1) Subject to subsections (8) and (9) , there is payable to the State for protected wildlife taken under a licence, permit or other authority issued or given under a regulation, the conservation value (if any) prescribed under this Act for the wildlife.

(2) The conservation value of protected wildlife is an expression in monetary terms of the State’s conservation concern for the wildlife.

(3) Despite any Act or law, payment of the conservation value does not, of itself, transfer property in protected wildlife from the State.

(4) A person who lawfully takes protected wildlife must pay the conservation value for the wildlife within 30 days after the wildlife is taken.

Penalty—

Maximum penalty—50 penalty units.

(5) A person who lawfully takes protected wildlife must not give up or surrender possession of the wildlife unless the conservation value for the wildlife has been paid.

Penalty—

Maximum penalty—50 penalty units.

(6) A person must not keep protected wildlife knowing that the conservation value for the wildlife has not been paid.

Penalty—

Maximum penalty—50 penalty units.

(7) If a person lawfully takes wildlife, subsection (6) does not apply to the keeping of the wildlife by the person during the period allowed under subsection (4) for the payment of the conservation value for the wildlife.

(8) The conservation value of wildlife is not payable by a person if the person—

(a) is exempt from the payment under a regulation; or

(b) takes the wildlife for an authorised purpose under a conservation plan applicable to the wildlife; or

(c) takes the wildlife under a captive breeding agreement and pays the amount that the agreement provides must be paid for the taking of the wildlife.

(9) Also, the conservation value of a protected plant is not payable by a person if the person takes a protected plant under an authority and pays, within 30 days after the plant is taken, the amount, if any, that the authority states must be paid for the taking of the plant.

(10) For subsection (9) , the amount stated on the authority must not be more than the conservation value for the protected plant.

(11) In this section—

"authority" means a licence, permit or other authority issued or given under a regulation or conservation plan.