Fauna Conservation Act and Another Act Amendment Act 1984 (Qld)

577 ELIZ.A A NN O TRICESIMO TERTIO A '` EC A,' REGINAE ®53 o f 1984 An Act to a m end the Fauna Co nse rv ati on Act 1974-1979 and the National Parks andWildlife Act 1975®1982 each in certain particulars and f o r related pu rp oses [ASSENTED TO 15TH MAY, 19841

578 Fauna Conservation Act and Another Act Amendment Act 1984, No. 53 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Par]' ament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Fauna Conservation Act and Another Act Amendment Act 1984. 2. Arrangement of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-AMENDMENTS OF FAUNA CONSERVATION ACT 1974-1979; PART 111-AMENDMENT OF NATIONAL PARKS AND WILDLIFE ACT 1975-1982. PART II-AMENDMENT OF FAUNA CONSERVATION ACT 1974-1979 3. Citation . (1) In this Part the Fauna Conservation Act1974-1979 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Fauna Conservation Act1974-1984. 4. Amendment of s. 5. Interpretation . Section 5 of the Principal Act is amended by- (a) omitting the definition " bird " and substituting the following definition:- bird " means- (a) a bird wild by nature whether native to a State or Territory of the Commonwealth, migratory or introduced, in captivity, bred in captivity or tamed; (b) in relation to any bird to which provision (a) refers- (i) any species or any individual member of a species; (ii) any one or more of the young; (iii) any one or more of the eggs or any part of an egg; (iv) the whole or any part of the carcass, skin, feathers or nest, of that bird; "; (b) omitting the definition " fauna " and substituting the following definition " " fauna " means- (a) a bird or mammal; (b) any animal or member of a group of animals wild by nature that is declared by Order in Council to be fauna; (c) in relation to any animal or member of a group of animals to which provision (b) refers- (i) any one or more of the young; (ii) any one or more of the eggs or any part of an egg;

Fauna Conservation Act and Another Act Amendment Act 1984, No. 53 579 (iii) the whole or any part of the carcass, skin or nest, of that animal or member; "; (c) omitting the definition " mammal " and substituting the following definition:- " " mammal " means- (a) a mammal wild by nature whether native to a State or Territory of the Commonwealth, migratory or introduced, in captivity, bred in captivity or tamed; (b) in relation to a mammal to which provision (a) refers- (i) any species or any individual member of a species; (ii) any one or more of the young; (iii) any one or more of the eggs or any part of an egg; (iv) the whole or any part of the carcass, skin or nest, of that animal: the term does not include marine animals, save such as are declared by Order in Council to be mammals; ". 5. Amendment of s. 7. Property i n fauna . Section 7 of the Principal Act is amended by- (a) inserting in subsection (1) after the words " taken or kept " the words " otherwise than in contravention of this Act "; (b) inserting after subsection (1) the following subsection: "(1A) Notwithstanding the provisions of this Act, and subject to the provisions of any Act dealing with the farming of deer, the Conservator may, with the consent in writing of the Minister, transfer the property in fauna that is obtained by an authorized person from the breeding of fauna for gain or reward in accordance with the provisions of section 66 from the Crown to that authorized person and no royalty shall be payable on that fauna or any farm-bred progeny therefrom.". 6. Amendment of s. 12. Appointment of officers and honorary protectors . Section 12 of the Principal Act is amended by inserting after subsection (3) the following subsection:- " (3A) (a) The Minister may by writing under his hand from time to time appoint such and so many persons as to him seems necessary to act as fauna officers and every such appointment may be limited as the Minister thinks fit with respect to time, place, powers, functions and duties of a fauna officer or other circumstances. (b) An appointment made pursuant to this subsection shall be at the pleasure of the Minister and the appointee may resign his appointment by writing addressed to the Minister. (c) All limitations, if any, imposed in respect of any appointment pursuant to this subsection shall be specified in the writing by which that appointment is made.".

580 Fauna Conservation Act and Another Act Amendment Act 1984, No. 53 7. Amendment of s. 17. Offences with respect to officers and honorary protectors . Section 17 of the Principal Act is amended by in subparagraph (g) omitting the word " license " and inserting the word " licence ". 8. New s. 24A. The Principal Act is amended by inserting after section 24 the following section:- " 24A. Exemption from liability in certain circumstances. Notwithstanding this Act, a person who kills fauna (being a snake or an estuarine crocodile) when he believes on reasonable grounds that the snake or estuarine crocodile, as the case may be, has caused, is causing or is likely to cause injury to a person is not guilty of an offence against this Act.". 9. Amendment of s. 30. O pen season fauna permits . Section 30 of the Principal Act is amended by in subsection (1) omitting the words " not attempt " and substituting the words " nor attempt ". 10. Amendment of s. 53. Power to permit taking or keeping of fauna for particular purposes . Section 53 of the Principal Act is amended by inserting in subsection (1), in provision (d), after the words " educational purposes ", the following expression and words:- '' (e) a person to whom a permit has been granted and issued pursuant to section 66 (2) ". 11. Amendment of s. 54. Offences . Section 54 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting in provision (i) of paragraph (b) after the words " keeps protected fauna " the words " which fauna was "; (ii) omitting from provision (iv) of paragraph (b) the expression "," and substituting the expression ";"; (iii) inserting after provision (iv) of paragraph (b) the following provision:- ( ( vv) ) keeps not more than five in total of birds of prescribed species, "; (iv) adding after paragraph (b) the following paragraph:- " (c) The exemption granted by provision (i) of paragraph (b) shall not apply to the keeping of live protected fauna by any person.". (b) omitting from subsection (2) after the words " in addition to a penalty " the word " of " and substituting the words " not exceeding ". 12. Amendment of s. 59 . Prohibition of dealings in fauna other than permanently protected fauna . Section 59 of the Principal Act is amended by inserting in the penalty provision set out at the foot of subsection (1) after the words "and in addition" the words "to a penalty not exceeding ".

Fauna Conservation Act and Another Act Amendment Act 1984, No. 53 581 13. Repeal of and new s. 62 . The Principal Act is amended by repealing section 62 and substituting the following section: " 62. Moving fauna within the State. (1) Except as otherwise provided in this Act, save in accordance with a permit under this section, a person shall not at any time move, attempt to move, permit to be moved or in any way be concerned in moving any fauna as defined in this section from one place to another place within the State whether those places are within the same locality or different localities. (2) Subsection (1) does not apply to a movement of fauna within the holding of one person or group of persons. (3) An officer may, upon application and upon being satisfied that an offence against this Act has not been committed with respect to the fauna in question, grant and issue a permit in writing to any person, authorizing him to move such fauna from one place to another place within the State. (4) A permit granted and issued under subsection (3) shall contain such particulars and be subject to such terms, conditions or restrictions as are prescribed or so far as not prescribed as the officer thinks fit. (5) The Governor in Council may for the purposes of this section by Order in Council specify an area or areas within which and circumstances under which prescribed species of fauna may be moved without a permit under this section. (6) The Governor in Council by Order in Council may exempt any person or class of persons from the operation of subsection (1) and for so long as an Order made under this subsection remains in force, the person specified therein shall be exempted from the operation of that subsection. (7) In this section- " " fauna " means- (a) permanently protected fauna; (b) protected fauna; (c) non-protected fauna other than such non-protected fauna as is being taken for meat or skins; and (d) prohibited fauna; " holding " means land held upon any tenure or tenancy pursuant to one instrument of title or agreement; " person " includes a fauna dealer or a person receiving fauna from a fauna dealer.". 14. Amendment of s. 87. Penalties enacted by way of notice to offender. Section 87 of the Principal Act is amended by in the note appearing in and at the beginning of the section omitting the word 66 enacted." and substituting the word " exacted ".

582 Fauna Conservation Act and Another Act Amendment Act 1984, No. 53 PART III-AMENDMENT OF NATIONAL PARKS AND WILDLIFE ACT 1975-1982 15. Citation . (1) In this Part the NationalParks and WildlifeAct1975-1982 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the National Parks and Wildlife Act1975-1984. 16, Amendment of s. 2B. Savings. Section 2B of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection " (1) Any land or waters existing as a National Park under the Forestry Act1959-1981 immediately prior to the commencement of Part 11 of the National Parks and Wildlife Act and AnotherAct Amendment Act1982 shall be deemed to have been set apart and declared as a National Park under this Act under the name (if any) assigned to it under The Forestry Act of 1959."; (b) in subsection (2), omitting the expression " the Forestry Act1959-1981 " and substituting the expression " The Forestry Act 1959-1968 or that Act as subsequently amended "; (c) in subsection (3)- (i) omitting the expression " or done under the ForestryAct1959-1981 " and substituting the expression ", done or continued in force under The Forestry Act of 1959 "; (ii) omitting the words " or done " (secondly occurring) and substituting the words ", done or continued in force ".