NATURE CONSERVATION ACT 1992 - SECT 97 97 Restriction on taking etc. of native wildlife in areas of major interest and critical habitats

Queensland Consolidated Acts

97 Restriction on taking etc. of native wildlife in areas of major interest and critical habitats

(1) This section applies to native wildlife (other than protected wildlife) in an area that is identified under a conservation plan as, or including—

(a) a critical habitat; or

(b) an area of major interest.

(2) A person, other than an authorised person, must not take, use, keep or interfere with the wildlife, other than under—

(a) the conservation plan; or

(b) a licence, permit or other authority issued or given under a regulation.

Maximum penalty—3000 penalty units or 2 years imprisonment.

(3) It is a defence to a charge of taking or interfering with wildlife in contravention of subsection (2) to prove that—

(a) the taking or interference happened in the course of a lawful activity that was not directed towards the taking or interference; and

(b) the taking or interference could not have been reasonably avoided.

(4) Subsection (3) does not allow a person to use or keep the wildlife.