Fauna Protection Act 1948 (NSW)

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An Act to make provisions for the protection and preservation of fauna; to repeal the Birds and Animals Protection Act, 1918-1930, and to amend certain other Acts ; and for purposes connected therewith. [Assented to, 24th December, 1948.] BE
FAUNA PROTECTION ACT.
Act No. 47, 1948.

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis	Wales in Parliament assembled, and by the authority of
the same, as follows :—

PART I .
PRELIMINARY.

1 . (1) This Act may be cited as the "Fauna Protec tion Act, 1948."

(2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

2 . This Act is divided into Par ts as follows:—

PART I.—PEELIMIXAEY.
PART I I .—FAUNA PROTECTION PANEL.

PART I I I . — F A U N A L RESERVES.

PART I V . — F A U N A PROTECTION.
DIVISIOX" 1.—Scheduled Fauna.
DIVISION 2.—Protected Fauna.
DIVISION 3.—Districts.
DIVISION 4.—Rangers.
PART V.—LICENSES AND ROYALTIES.
PART VI.—GENERAL.
S C H E D U L E S .

3 . (1) The Birds and Animals Protection Act, 1918,

and the Birds and Animals Protection (Amendment)

Act, 1930, are hereby repealed.

(2) All proclamations, notices and licenses

published, given or issued under any Act repealed by this section and in force immediately before the commence ment of this Act shall continue in force in all respects as if the same were published, given or issued under this Act.

(3) All regulations made under any Act repealed by this section and in force immediately before the commencement of this Act shall continue in force in all respects as if the same were made under this Act.

4 . In this Act, unless the context or subject-matter otherwise indicates or requires—
" B i r d " means any bird, whether native, introduced or imported, and includes the eggs and young of a bird or the skin or the feathers or any part of any such bird, but does not include any domestic bird.
"Chief Guardian" means the Chief Guardian of Fauna appointed under this Act.
"Collector" means a collector of royalty appointed under this Act.
" C o u r t " means any stipendiary magistrate or any
two justices of the peace sitting in petty sessions.
"Dis t r ic t " means district constituted or proclaimed
under this Act.
" F a u n a " means any mammal or bird.
" L a n d " includes any land covered by water or any
waters within the territorial jurisdiction of New
South Wales.
"License" means a license issued in pursuance of
this Act.
"Mammal" means any mammal, whether native, introduced or imported, and includes an aquatic mammal and also the eggs and young of a mammal or the skin or any part of any such mammal, but does not include any domestic mammal or any rats (other than water rats) or mice.

" P a n e l " means the Fauna Protection Panel

constituted under this Act.
"Prescr ibed" means prescribed by this Act or by the
regulations.
"Proclamat ion" means proclamation published in
the Gazette.
"Protected fauna" means any fauna not mentioned in the First Schedule to this Act.
" Regulations " means any regulations made under or in force by virtue of this Act.
' 'Scheduled fauna" means any fauna mentioned in. the First Schedule to this Act.

"Take

"Take or kil l" moans the hunting, shooting, killing, poisoning, netting, snaring, spearing, pursuing, taking, disturbing or injuring of any protected fauna.

PART II .

FAUNA PROTECTION PANEL.

5. (1) There shall be a Fauna Protection Panel. (2) The person for the time being holding the office

of Chief Guardian shall be a member of the panel and shall be the chairman. The remaining members of the panel shall be appointed by the Governor.

(3) Of the members so appointed—

(a) one member shall be appointed on the nomina tion of the Minister for Agriculture and shall be an officer of the Department of Agriculture;
(b) two members, one of whom shall be an officer of the Forestry Commission of New South Wales and the other an officer of the Department of Conservation, shall be appointed on the nomination of the Minister for Conservation;
(c) one member shall be appointed on the nomina tion of the Colonial Secretary and shall be an officer of the Chief Secretary's Department;
(d) two members, one of whom shall be an officer of the Australian Museum and the other an officer
of the Department of Education, shall be

Education; appointed on the nomination of the Minister for
(e) one member shall be appointed on the nomina tion of the Secretary for Lands and shall be an officer of the Department of Lands;
(f) one member shall be appointed on the nomina tion of the Minister for Tourist Activities and Immigration and shall be an officer of the Ministry of Tourist Activities and Immigration;
(g) one member shall be appointed on the nomina tion of the Senate of the University of Sydney;
(h)

(h)

one member shall he appointed on the nomina tion of the Minister and shall be a person engaged in grazing or agricultural pursuits in New South Wales;
(i) three members shall be appointed on the nomina tion of the Minister and shall be persons nomi nated by organisations the constitutions of which include specific or general objects in relation to the preservation, conservation, protection or scientific investigation of fauna.

(4) The panel shall annually elect one of its members to be deputy-chairman.
(5) A member of the panel other than the chairman shall be deemed to have vacated his office if he—

(a)

resigns his office by writing under his hand addressed to the Governor;
(b) ceases to reside in the State;

(c)

becomes bankrupt, compounds with his creditors or makes an assignment of his salary or estate for their benefit;

(d)

becomes an insane person or patient or an incapable person within the meaning of the Lunacy Act, 1898-1947;

(e)

ceases to hold the qualification in respect of which he was appointed; or

(f)

absents himself from three consecutive ordinary meetings of the panel except on leave granted by the panel.

(fi) No person of or above the age of seventy years
shall be eligible for appointment by the Governor

pursuant to a nomination under paragraph (g), (h) or (i) of subsection three of this section and any person

appointed by the Governor pursuant to a nomination under any such paragraph shall cease to hold office upon the day upon which he attains the age of seventy years.

(7) All meetings of the panel shall be called by direction of the chairman or in his absence by direction of the deputy-chairman.

(8) At any meeting of the panel the chairman or deputy-chairman and four other members shall form a quorum and any meeting at which a quorum is present shall have all the powers and authorities conferred upon

the panel by this Act. (9)

(9) The chairman shall preside at any meeting of "the panel at which he is present. In the absence of the chairman the deputy-chairman shall preside.
(10) The chairman or the deputy-chairman (when presiding at any meeting) shall have an original vote on .any question before the panel and in the case of an equality of votes shall have a second or casting vote.
(11) No act or proceeding of the panel shall be invalidated or prejudiced by reason only of the fact that at the time when such act or proceeding was done, taken or commenced, there was a vacancy or vacancies in the office or offices of any member or members.
(12) The procedure for the calling of meetings of the panel and for the conduct of business at such meetings shall, subject to any regulation in relation thereto, be as .determined by the panel.
(13) (a) In the case of illness or absence of any member of the panel other than the chairman, the Governor may appoint a deputy to act in the place of such member during his illness or absence.
(b) Any deputy appointed under this subsec tion while he acts as such deputy may exercise all the powers and authorities of the member in whose place he acts.
(14) (a) Each member, other than the chairman, shall be entitled to receive such remuneration for his services as may be prescribed.
Each member shall be entitled to receive travelling expenses at such rate as may be prescribed.

Service shall, notwithstanding the provisions of any Act (b) A member who is an officer of the Public or rule or regulation made under any Act, be entitled

to receive remuneration under this subsection in addition to any remuneration to which he is entitled as an officer of the Public Service.

(15) The provisions of the Public Service Act, 1902, as amended by subsequent Acts, shall not apply to or in respect of the appointment by the Governor of any member of the panel, and any member so appointed shall not, in his capacity as such member, be subject to the provisions of such Act during his term of office.
6 . (1) The panel shall be the authority for the protec tion and care of fauna.
(2) The panel shall—

(a) advise the Minister on matters relating to the administration of this Act;
(b) engage in such educational activities as it considers necessary to awaken and maintain an appreciation of the value of bird and animal life
(c) have the care and control and management of faunal reserves;
(d) co-operate with the trustees of any land reserved by the Secretary for Lands for the preservation of fauna or the promotion of the study of fauna and generally co-operate with any other persons or bodies in the care and development of reserves for fauna;
(e) form or approve the formation of local faunal societies;
(f) conduct scientific and biological research in connection with the protection and care of fauna either separately or in conjunction with other scientific organisations; and
(g) exercise and discharge the powers, authorities, duties and functions conferred and imposed upon it by or under this Act.

(3) In the exercise and discharge of the powers,, authorities, duties and functions conferred and imposed upon it by or under this Act, the panel shall be subject in all respects to the control and direction of the Minister.

7. (1) (a) The Governor shall appoint a Chief Guardian of Fauna.

(b) The salary of the Chief Guardian shall be
fixed by the Governor.
(2) The provisions of the Public Service Act, 1902, as amended by subsequent Acts, shall not apply to or in respect of the appointment of the Chief Guardian, and the Chief Guardian shall not be subject to the provisions of such Act during his term of office.
(3) The Chief Guardian shall subject to this Act be appointed for a term of five years, and shall be eligible for reappointment from time to time.

(4)

(4) A person who is of or above the age of sixty- five years shall not be appointed as Chief Guardian.
(5) The Chief Guardian shall be deemed to have vacated his office if he—

(a)

engages (whether in New South Wales or elsewhere) during his term of office in any paid employment outside the duties of his office;

(b)

becomes bankrupt, compounds with his creditors or makes an assignment of his salary or estate for their benefit;

(c)

absents himself from duty for a period of more than fourteen consecutive days, except on leave granted by the Minister;

(d)

becomes an insane person or patient or an incapable person within the meaning of the Lunacy Act, 1898-1947;

(e)

resigns his office by writing under his hand addressed to the Governor;
(f) is removed from office by the Governor.
(6) The Governor may, for any cause which seems to him sufficient, remove the Chief Guardian from his office.
(7) The Chief Guardian shall be deemed to have vacated his office on the day upon which he attains the age of sixty-five years.
(8) (a) A Chief Guardian who at the date of his appointment is an officer of the Public Service, shall, if he ceases to be Chief Guardian from any cause what soever otherwise than in pursuance of subsection five or seven of this section, be entitled to be appointed upon

the recommendation of the Public Service Board to some office in the Public Service not lower in classification and
salary than that which he held immediately before his
appointment as Chief Guardian.

(b) Nothing in this Act shall affect the rights accrued or accruing under the Public Service Act, 1902, or under the Superannuation Act, 1916, or any Acts amending such Acts, to any person appointed as Chief Guardian who is at the time of his appointment or has been at any time previous thereto an officer of the Public Service or an employee within the meaning of the Super annuation Act, 1916, or any amendment thereof.
(c)

(c) Any officer of the Public Service or person who is an employee within the meaning of the Super annuation Act, 1916, or any amendment thereof, appointed as Chief Guardian shall continue to contribute to any fund or account and be entitled to receive any deferred or extended leave and any payment, pension or gratuity as if he were an officer or employee within the meaning of the Public Service Act, 1902, or the Super annuation Act, 1916, as the case may be, or any Acts- amending such Acts, and for such purpose his service as Chief Guardian shall be deemed to be service for the purpose of such Acts.
8 . The Governor may under and subject to the provi sions of the Public Service Act, 1902, as amended by subsequent Acts, appoint and employ such collectors of royalty and other officers and employees as may be necessary for the execution of this Act.

P A R T I I I .
FAUNAL RESERVES.

9 . (1) The Governor may, on the recommendation of the panel, dedicate any Crown lands as faunal reserves for the purpose of the protection and care of fauna, the propagation of fauna and the promotion of the study of fauna.

In this subsection "Crown lands" has the meaning Lands Consolidation Act, 1913, as amended by subsequent

ascribed to that expression in section five of the Crown
Acts.

(2) Crown lands shall not be dedicated under this section except with the concurrence of the Secretary for Lands.

(3) Of the areas dedicated under subsection one of this section, two shall be primitive or natural areas, that is to say, areas intended for the protection and care of fauna, the propagation of fauna and the promotion of the study of fauna in its natural state.

(4)

(4) Any dedication under this section shall not be revoked either wholly or in part otherwise than by Act of Parliament.

(5) (a) The panel shall in respect of each faunal reserve cause to be drawn up a detailed written scheme of the operations which it is proposed to undertake on or in relation to such reserve.

(b) The object of the scheme shall be the protection and care of fauna, the propagation of fauna and the promotion of the study of fauna on the faunal reserve.

(c) Such scheme shall be submitted to the Minister for his approval and if approved by him, shall become the working plan for such faunal reserve.

(d) No operations shall be undertaken on or in relation to a faunal reserve unless such operations are in accordance with the working plan for the reserve.

(e) The working plan for a faunal reserve may, with the approval of the Minister, be amended or altered from time to time.

(f) The working plan may contain provisions for the panel to carry out any work in connection with the improvement, development and maintenance of any faunal reserve, including the opening of roads, tracks and paths, the erection of buildings and other structures, and the prevention and control of fires.
(6) The panel may arrange with the Minister of
any Government Department or with any statutory

corporation for the carrying out by such Department or

by or under this Act to be carried out by the panel.	statutory corporation of any work required or authorised	In this subsection "statutory corporation" includes the Commissioner for Railways, the Commissioner for Main Roads, the Water Conservation and Irrigation Commis sion, the Forestry Commission of New South Wales and any county, municipal or shire council.
1 0 . (1) The land within any faunal reserve is hereby exempted from occupation under any miner's right or business license issued under the provisions of the Mining Act, 1906-1946.

(2)
(2) No lease under the Mining Act, 1906-1946, of any land within a faunal reserve shall be granted, except with the concurrence of the panel, and subject to such conditions and restrictions as it may impose.
1 1 . (1) Notwithstanding any provision in any Act or any condition annexed to any lease or permissive occupancy of land within any faunal reserve, no person shall fell, cut, destroy, injure or remove any tree or timber on land within such reserve except under and in accordance with the regulations.
(2) Any person who contravenes the provisions of subsection one of this section shall be guilty of an offence and shall be liable to a penalty not exceeding two hundred pounds.
1 2 . (1) No person other than an officer or employee

authorised by the panel in that behalf shall take or kill
any fauna within any faunal reserve.

(2) Any person who contravenes the provisions of subsection one of this section shall be guilty of an offence and shall be liable to a penalty not exceeding one hundred pounds or to imprisonment for a period not exceeding twelve months or to both such penalty and imprisonment.
1 3 . (1) No land within any faunal reserve shall be sold or leased or otherwise dealt with except as provided in this Act.
(2) No permit to graze over any part of a travel
ling stock reserve or camping reserve under the control

within the boundaries of any faunal reserve shall be of a Pastures Protection Board which reserve is situated granted except with the concurrence of the panel and
subject to such special conditions as may be determined
by the panel.

(3) The Secretary for Lands may with the concurrence of the panel grant permissive occupancies or extend the terms of any permissive occupancy within the boundaries of any faunal reserve whether granted before or after the commencement of this Act, subject to such special conditions as may be determined by the panel.

1 4 . The Soil Conservation Act, 1938, shall apply to and in respect of any land within any faunal reserve but any experimental or research work conducted pursuant to section six of the said Act, upon land within the boundaries of such reserve, shall be undertaken only with the concurrence of the panel and subject to such special conditions and restrictions as may be determined by the panel.

PART IV.
FAUNA PROTECTION.
DIVISION 1.—Scheduled Fauna.

1 5 . (1) The fauna specified in the first column of the First Schedule to this Act shall in respect of the locality set opposite thereto in the second column of such Schedule be unprotected fauna.

(2) The Minister may by notice in the Gazette add the names of any fauna to the First Schedule to this Act for any particular locality described in such notice, or for the whole State, and may remove the names of any fauna therefrom in any particular locality described in such notice or for the whole State.

The production of the Gazette containing such notice

shall be conclusive evidence of such addition or removal.

fauna. Such notice may refer to the whole State or to	declare a close season for the protection of any scheduled 1 6 . (1) The Minister may by notice in the Gazette
any specified locality.
(2) Notwithstanding anything contained in the Pastures Protection Act, 1934, or in any other Act, any person who during such close season and in the State or in such locality, as the case may be, wilfully takes, kills, captures or injures or attempts to use any means what ever to take, kill, capture or injure any fauna to which any such notice relates shall for every such offence be liable to a penalty not exceeding fifty pounds.

DIVISION
DIVISION 2.—Protected Fauna.

1 7 . All protected fauna, until taken or killed in accordance with the provisions of this Act, shall be deemed to be the property of the Crown.
1 8 . (1) The Minister may by notice in the Gazette declare an open season for such protected fauna as may be specified in such notice.
Any such notice may refer to the whole State or to any specified locality and may prescribe conditions or restrictions relating to the taking or killing of any fauna specified in such notice or to the use of any gun, explosive, dog, net or instrument or means whatsoever for the purpose of taking or killing any such fauna.
(2) Any person who takes or kills any protected fauna or uses any gun, explosive, dog, net or instrument or means whatsoever for the purpose of taking or killing any protected fauna shall be guilty of an offence and shall be liable to a penalty not exceeding fifty pounds.
This subsection shall not apply to any person who during an open season declared under subsection one of this section and in the State or locality referred to in the notice declaring such open season takes or kills or uses any gun, explosive, dog, net or instrument or means whatsoever for the purpose of taking or killing any protected fauna to which such open season relates in accordance with the conditions or restrictions, if any, prescribed in any such notice.
1 9 . (1) Any person who knowingly buys, sells, offers
or consigns for sale, or has in his possession, house, or
control, any protected fauna at any time shall be liable
to a penalty not exceeding five pounds for each of such
fauna in respect of which such offence has been
committed.
The provisions of this subsection shall apply whether such fauna was killed, taken, or bought in or received from any State or territory of the Commonwealth, or the Dominion of New Zealand, or elsewhere: Provided that the Minister may by license, under conditions therein specified, permit the importation of any such fauna: Provided also that the Governor may by proclamation exempt under conditions specified in such proclamation

any fauna from such provisions. (2)

(2) A person shall not be convicted of an offence against this section if lie proves—

(a) that such fauna was taken, killed, bought or received either during an open season in accord ance with the provisions of this Act, or in pursuance of a license; or
(b) that he had such fauna in his possession legally before the commencement of this Act or that he purchased the same legally within six months after such commencement from some person who possessed the same before such commencement:
Provided that the provisions of paragraph (b) of this subsection shall not apply to the buying, selling or offer ing or consigning for sale of any platypus or the skin or eggs thereof.
(3) Any such fauna shall, upon the conviction of any person under this section for an offence in relation thereto, be liable to forfeiture, and shall be disposed of in such manner as the court may direct.
(4) In this section "possession" includes having any protected fauna in any building, lodging, apartment, field, or other place whether belonging to or occupied by the person charged or not, and whether such fauna is then had or placed for his own use or the use of another.
(5) This section shall be read and construed subject to the Commonwealth of Australia Constitution Act, and so as not to exceed the legislative power of the State to the intent that where any provision of this section, or the application thereof to any person or circumstance is held invalid the remainder of this section,

or circumstances shall not be affected.

and the application of such provision to other persons

2 0 . (1) The Governor may from time to time by proclamation declare any protected fauna to be rare fauna.

(2) The provisions of section eighteen of this Act shall not apply to any fauna declared under this section to be rare fauna.
(3) If any person otherwise than under and in
accordance with a license issued under section twenty-five
or twenty-six of this Act takes or kills any rare fauna or

uses

uses any gun, explosive, dog, net or instrument or means whatsoever for the purpose of taking or killing any rare fauna, he shall be guilty of an offence and shall be liable to a penalty not exceeding fifty pounds or to imprison ment for a term not exceeding six months, or to both such penalty and imprisonment.
2 1 . Nothing in this Act shall prevent any person from keeping in confinement or in a domesticated state other wise than for the purpose of sale, any protected fauna which has been taken in accordance with the provisions of this Act.

DIVISION 3.—Districts.

2 2 . (1) The land described in the Second Schedule to this Act is hereby constituted a district.
(2) The land within a radius of one mile from any school is hereby constituted a district.
(3) The Governor may from time to time by proclamation declare any other land to be a district and may in like manner vary, amend or revoke any such proclamation.
(4) The Governor may by proclamation declare
what species of fauna may be taken or killed within a
district and either generally or within specified periods.
(5) Any person who in any district takes or kills
or attempts to take or kill any fauna other than those
species which may be taken or killed therein, by virtue of
a proclamation issued under subsection four of this
section, or which he is expressly authorised to take or kill
by virtue of a license issued under section twenty-five or
twenty-six of this Act shall be guilty of an offence and
shall be liable to a penalty not exceeding fifty pounds.
2 3 . If any person otherwise than under and in accordance with a license issued under section twenty- five or twenty-six of this Act is found in any district in search or pursuit of or for the purpose of taking or killing any fauna not proclaimed under the provisions of section twenty-two of this Act, he shall be guilty of an offence and be liable to a penalty not exceeding fifty pounds, and having in his possession when so found any implements or means for taking or killing fauna or being accom panied by dogs, shall be prima facie evidence of such

purpose. DIVISION
DIVISION 4.—Rangers.

24. (1) Members of the police force, public school teachers , conditional purchase inspectors , officers and employees of the F o r e s t r y Commission of New South Wales on Sta te forests , stock inspectors , field officers of the Depar tmen t of Agr icul ture , inspectors of fisheries, a n d r ange r s appointed under the Metropol i tan Wate r , Sewerage, and Dra inage Act, 1924-1945, shall, by v i r tue of their office, be r ange r s .
(2) The Minister may, by notice in the Gazette,
appo in t honora ry rangers , who shall have the powers and

per form the duties of r ange r s .

P A R T V.
LICENSES AND ROYALTIES.

25. The Minis ter may, by license, author ise any pe r son a t any time to kill any fauna found on his land which may be des t roying or in jur ing or be likely to become injurious to his p r o p e r t y and m a y also author ise t ha t any such fauna may be taken under such author i ty . T h e Minister may in such license inser t such conditions a s he thinks proper .
26. The Minister may, by license, author ise any pe r son to take or kill any protected fauna as specimens of n a t u r a l h is tory for any scientific inst i tut ion or museum o r for the purpose of ca r ry ing on any scientific investiga t ion or for any purpose specified in such license. The

Minis ter may in such license inser t such conditions as he

th inks proper .
27. (1) (a) Any person who takes or kills for the purpose of sale any fauna shall, unless he is in possession of a license under this section author is ing him to take or kill such fauna, be guil ty of an offence aga ins t this Act.
(b) Any person who engages in the business of dealing in fauna, whether by sale or by auction and whether on his own behalf or on behalf of any other person shall, unless he is in possession of a license under th i s section, be guil ty of an offence agains t this Act.
(c).

(c) Any person who engages in the business of deal ing in skins of any fauna, whether by sale or by auction and whether on his own behalf or on behalf of any other person, shall, unless he is in possession of a license under this section, be gui l ty of an offence agains t this Act.
(d) The-provis ions of this subsection shall

not app ly to—

(i) any person who not in contravention of this Act takes for the purposes of sale or sells any dingo, ferret , fox, ha re , rabbit , kangaroo, wallaroo, wallaby or opossum, or any other fauna in respect of which the Governor by proclamation declares this section shall not app ly ;
(ii) any skin dealer carrying on the business of a skin dealer only in the skins of mammals ment ioned in the F i r s t Schedule to this Act.

(2) The panel may, in the prescr ibed form, issue

licenses—

(a) to persons to take or kill the fauna specified therein for the purpose of selling the same ;
(b) to any person to carry on the business of a fauna dea le r ;
(c) to any person to carry on the business of a skin dealer.

(3) Such licenses may be issued subject to such conditions as may be prescr ibed and in the case of l icenses issued under p a r a g r a p h (a) of subsection two of th is section may contain l imitat ions as to locality and any

other conditions the panel may think proper .
(4) (a) A n y person licensed under this section as a fauna dealer or skin dealer shall regis ter each of the premises a t or upon which he carr ies on business as such fauna dealer or skin dealer.
(b) The panel m a y in the prescr ibed form issue reg i s t ra t ion certificates in respect of each of such premises .

(5) Any license or r eg is t ra t ion certificate m a y

be cancelled by the panel for any good cause.

(6)

(6) Any person whose applicat ion for a license or reg is t ra t ion certificate under this section has been refused, or whose license or reg is t ra t ion certificate has been cancelled, may appeal to the Minis ter against such refusal or cancellation and the de te rmina t ion of the Minis ter on such appeal shall be final.
Royal ty a t the ra tes prescr ibed shall be payable

to the Crown upon such species of fauna and the skins
of such species of fauna as m a y be prescribed.

28 .
The regulat ions may make provision with respect to the method of collecting such royal ty, the manne r of payment thereof, the b rand ing of skins to indicate the payment of royal ty thereon and the persons by whom such roya l ty is payable.
Notwi ths tanding the provisions of section eight of

this Act, all members of the police force shall be collectors
of royal ty under and for the purposes of this Act.

29.
30. The amount of any royal ty due and payable under

this Act and unpaid may be recovered as a debt due to H i s Majesty from the person liable to pay the same by action in any court of competent jur isdict ion in the name of the panel or of any person author ised by the panel.
P A R T VI .
GENERAL.

31 . Notwi ths tanding anyth ing contained in this Act

panel author ised by the panel in tha t behalf may take any to the cont rary , the Chief Guard ian or any officer of the
protec ted or r a r e fauna for a n y purpose connected with the protect ion and care of fauna, the p ropaga t ion of fauna and the promot ion of the s tudy of fauna.
32 . (1) Any person who uses or carr ies for other than

nava l or mi l i ta ry purposes a firearm hav ing a g rea te r length of bar re l t h a n thi r ty-s ix inches, or having a bore exceeding ten gauge, or having more than two barre ls , o r being of a weight exceeding sixteen pounds avoir dupois , shall be guil ty of an offence and be liable to a pena l ty not exceeding twenty pounds.
(2)

(2) Any person who, for the purpose of shooting

any protected fauna—

(a) affixes to any vessel of any kind a firearm of

any descr ip t ion; or

(b)

loads with a charge exceeding four drachms of black gunpowder , or i ts equivalent in smokeless powder, or two ounces of shot, a firearm of any

descr ip t ion; or

(c)

uses any gun or fowling-piece of a kind other than the kind which are habi tual ly raised a t a r m s ' length and fired from the shoulder without

other support ,

shall be guil ty of an offence and be liable to a penal ty not
exceeding twenty pounds .
(3) Any firearm used in contravent ion of this section shall, on the conviction of the person so using it, he liable to be forfeited by the court, and to be disposed of as such court may direct.
33. Any person who l iberates any fauna imported into New South Wales , except under and in accordance with a pe rmi t g ran ted by the Minister , shall be guil ty of an offence and be liable to a penal ty not exceeding

fifty pounds .
34. (1) The Chief Guardian , any officer or employee of the panel author ised by the panel, any ranger and any collector—

(a)

may, on production of the prescribed evidence of his author i ty , if he has reason to suspect tha t a broach of any of the provisions of this Act or the regulat ions has been committed and tha t any

fauna or poison in respect of which such breach
has been committed is likely to be in or upon any

building, store, shop, hut, tent, camping place or other premises or place or any vehicle or vessel, enter and search and subject to his giving a receipt in the prescr ibed form, seize any such fauna or poison found the re in ;

(b)

is empowered for the enforcement of the provi sions of this Act to exercise the powers and au thor i ty of a constable and may a t all t imes and seasons, on product ion of the prescr ibed evidence of his au thor i ty , enter any land or

p remises

premises and examine any nets , t r a p s or other ins t ruments which are being used or could be used in contravent ion of this Act, and do all such other acts and things as he is required to do by this Act or the regulat ions.

(2) Nothing in this section shall au thor ise any person to enter in or upon tha t por t ion of any premises which is used for res ident ia l purposes except under wr i t ten au thor i ty given by the Minister . A n y such au tho r i t y may be genera l in i ts applicat ion or may be

limited to a pa r t i cu la r case.
35. (1) The Chief Guardian, any officer or employee of the panel author ised by the panel e i ther general ly or specially for the purpose , any r a n g e r and any collector may require any person reasonably suspected to be offending agains t any of the provisions of this Act or of the regulat ions, to give his name in full and place of abode and to deliver up any fauna, ins t rument , weapon, net, gun or other means of dest ruct ion or cap ture in his possession.
(2) If any such person af ter being so required and on product ion of the prescr ibed evidence of au thor i ty refuses to give his real name or place of abode, or gives a false or fictitious name or place of abode, or fails to del iver up any fauna, ins t rument , weapon, net, gun or o the r means of destruct ion or cap ture to the Chief Guard ian or any such officer, employee, r anger or collector requi r ing him so to do, he shall be guil ty of an offence aga ins t this Act.

36. Any person who assaul ts , res is ts , obstructs or or obstruct the Chief Guardian , any officer or employee incites or encourages any other person to assault , resis t
of the panel , any r ange r or any collector, or who uses abusive language to any such person in the execution of his duty or au thor i ty under this Act or the regulat ions shall be guil ty of an offence and be liable to a penal ty not exceeding ten pounds.
37. (1) Any person who uses, or has in his possession

wi th intent to use, po tass ium cyanide or sodium cyanide, or a mixture of potass ium and sodium cyanide for the des t ruct ion or a t t empted destruct ion of any fauna, whether protected or unprotected, shall, unless he is
exempted

exempted by the regulat ions , and complies wi th duly prescr ibed conditions a t tached to such exemption, be gui l ty of an offence.
(2) A n y person who uses, or has in his possession with intent to use, any poison other than potass ium cyanide or sodium cyanide, or a mix ture of potass ium and sodium cyanide for the destruct ion or a t t empted destruc tion of any protected fauna, shall be guilty of an offence.
(3) Any person who is guil ty of an offence aga ins t this section shall be liable to a penal ty not exceeding fifty pounds, and shall in addit ion to such penal ty be liable at the discretion of the court before which he is convicted to imprisonment for a t e r m not exceeding six months .
(4) Any potass ium cyanide or sodium cyanide, or a mixture of po tass ium and sodium cyanide or o ther poison found in the possession of a person offending agains t this section shall on his conviction be liable to be forfeited by the court and to be disposed of as the court may direct .
(5) In any prosecut ion for an offence agains t th i s section proof tha t potass ium cyanide or sodium cyanide or a mixture of potass ium and sodium cyanide or other poison was in the possession of the person charged, shall be p r ima facie evidence t ha t he had it in his possession in contravent ion of this section.
38. (1) Any person who uses or has in his possession with in tent to use any bird-lime or other s imilar mix tu re or p r epa ra t i on of any kind for the tak ing or killing of any bird, whether protec ted or unprotected, shall be guil ty of an offence and be liable to a penal ty not

exceeding twenty pounds .
(2) I n any prosecut ion under this section proof t ha t such bird-lime or other s imilar mixture or p r e p a r a tion was in the possession of the person charged shall be p r ima facie evidence t ha t he had it in his possession in contravent ion of this section.
39. W h e r e any person has been convicted of an offence

under section thir ty- two, thir ty-seven or th i r ty-e ight of th is Act, any protected fauna found in the possession o r unde r the control of such person shall be liable to' forfei ture, and shall be disposed of in such manner a s

the cour t may direct. 40 .

40. If any person is convicted of an offence agains t a n y of the provis ions of this Act, or of any regulat ion made thereunder , any firearms, ne ts , t r a p s , or other ins t rument s , or any dogs found in the possession of such person when such offence was committed shall be liable to forfei ture, and shall be disposed of in such manne r as the court m a y direct.

4 1 . If any person contravenes or fails or neglects to comply with any of the provisions of this Act, he shall for eve ry such offence, if no other penal ty is provided there for, be liable to a penal ty not exceeding twenty pounds.

42 . All prosecut ions and proceedings under this Act or the regula t ions may be hea rd and determined in a summary way before any court.

4 3 . (1) The Governor may make regulat ions not inconsistent with this Act prescr ib ing all ma t t e r s which by th is Act a re required or permi t ted to be prescr ibed or which a re necessary or convenient to be prescr ibed for ca r ry ing out or giving effect to this Act.

(2) Wi thout prejudice to the general i ty of the

power conferred by subsection one of this section the

Governor m a y make

regula t ions :—

(a)

for the issue of licenses and registration certi ficates, the fees to be paid for such licenses and certificates, and the conditions subject to which they are i ssued;

(b)

prescribing records to be kept and returns to be furnished by persons holding licenses under th is Act and the inspection of such records by officers of the panel and collectors;

(c)

prescribing the procedure for the calling of meet ings of the panel and the conduct of the business at such mee t ings ;

(d)

for the management and control of fauna! reserves and the prohibi t ion or control of a n y person or class of persons enter ing such r e se rves ;
(e)

for the protect ion, care, p reserva t ion and p r o p a

gat ion of any f auna ;

(f)

(f)

p rescr ib ing the max imum number of any specified protected fauna which any person m a y dur ing an open season declared in respect of such fauna take or kill or have in possession on any one day or within any specified per iod ;

(g)

prescribing the method of laying poison and sa feguards in connection therewi th in order to p reven t the dest ruct ion of fauna protected by or unde r the provis ions of this A c t ;

(h)

prescribing the conditions under which any fauna, whether protected or unprotected, m a y be consigned or offered for sale or t r anspor ted , and for the p rope r caging of such f auna ;
(i) prescribing the method of taking or killing protected fauna dur ing the per iod of an open season or under the au thor i ty of a l icense;

(j) p rovid ing for the inspection of premises regis tered under section twenty-seven of this Act and the inspection of aviar ies in which fauna is housed :
(k) defining the duties of the Chief Guardian and officers of the panel , collectors and r ange r s who may be appointed under this Ac t ;
(1) defining the powers , duties and privileges of local faunal societies approved under this Act.
(3) The regula t ions may impose a penal ty not exceeding twenty pounds for any breach thereof, and may provide tha t any protec ted fauna in relat ion to which an offence agains t the regula t ions has been

committed shall be liable to forfei ture and disposed of in. such manne r as the court may direct.

(4) The regula t ions may also provide for the s ignature and issue of licenses by officers of the police force or of the Public Service for the time being holding the rank or office prescr ibed in the regulat ions for and on behalf of the Minis ter or of the panel .

Any regulat ion so providing may be f ramed general ly as to all licenses and localities or officers holding specified rank or office, or may specify or except cer tain licenses, localities or officers.

The

The regulat ions m a y also provide tha t any license p u r p o r t i n g to he issued under the au thor i ty of the regula t ions and signed for and on behalf of the Minis ter or the panel shall be as effective for all purposes as a license signed and issued by the Minis ter or the panel .

(5) Regulat ions may be made to apply or to have operat ion throughout the whole or any p a r t of the Sta te , m a y be of general or specially limited applicat ion accord ing to t ime, place or circumstances, and may be general or res t r ic ted to any specified class or subject-matter .

(6) Such regulat ions shall—
(a) be published in the Gazet te ;

(b) take effect from the date of publication, or from a la ter date to be specified in such regu la t ions ; and
(c) be laid before both Houses of Parliament within fourteen s i t t ing days after publication if Pa r l i a ment is in session, and if not, then within four teen s i t t ing days after the commencement of the next session.

If ei ther House of Pa r l i amen t passes a resolut ion of which notice has been given at any time within fifteen s i t t ing days after such regulat ions have been laid before such House disallowing any regulat ion or p a r t thereof, such regulat ion or p a r t shall thereupon cease to have effect.

S C H E D U L E S .

F I R S T SCHEDULE.
BIRDS.

Common and Scientific Name. Locality.

Goldfinch—Uarduehs carduehs.

State of New South Wales.

Greenfinch—Ligurinus

chloris.

„

Grey Butcher Bird—Cracticus torquatus.

„

Sparrow—Passer

domesticus.

„

Silver Eye—Zosterops lateralis.	„
Black Cormorant or Shag—Phalacrocorax carbo.	„
F I R S T

F I R S T SCHEDULE—continued.
BIRDS—continued.

Common and Scientific Name. Locality.

White-breasted Cormorant—Phalacrocorax fusee- State of Kew

sens. South Wales.

Pied Cormorant—Phalacrocorax varius. „
Little Black Cormorant—Phalacrocorax ater. „
Little Cormorant—Microcarbo melanoleucus. „
Crow—Corvus Cecilae. ,
Raven—Corvus coronoidee. „
Black Magpie or Currawong—Strepera graculina. „
Friar-bird or Lcatberhead—Philemon corniculatus. „
Yellow-throated Friar-bird—Philemon citreigularis. „

Sulphur-crested or White Cockatoo—Kakatoe

galerita. „
Rose-breasted Cockatoo or Galah—Kakatoe rosei-

capilla. „

Lory or Crimson Rosella—Platycercus elegans. „
Rose Hill or Rosella Parrot—Platycercus eximius. „
Wedge-tailed Eagle or Eagle Hawk—tTroaetus

audax. „

Common Starling—Sturnis vulgaris. „
Red-whiskered Bui Bui—Otocompsa emeria. „
Little Falcon—Falco longipennis. „
Black Falcon—Falco subniger. „
Grey Falcon—Falco hypoleucus. „
Peregrine or Black-cheeked Falcon—Falco peregri

nes. „

Grey Goshawk ~)

White Goshawk—Albino > Astur novae-hollandiae. „
Form of Grey Goshawk J
Australian Goshawk—Astur fasciatus. „
(For the parishes of Bondi, Eden,

Hebdon, Tenin-
gerie, Tuckerbil, Yenda, Bringan,

Bald Coot—Porphyrio melanotus.

Coot—Fulica atra. Dallas and Wil-
Dusky Moorhen—Gallinula tenebrosa. limbong, within

the Shires of

Black-tailed Water Hen—Tribonyx ventralis.

Will i m b o n g, Wade and Carra- thool, Police Dis trict of Narran- ,dera.
MAMMALS.

State of New

Dingo—Canis dingo. South Wales.

Ferret—Mustela putorius. »»
Fox—Vulpes alopex.
F I R S T

FIRST SCHEDULE—continued.
MAMMALS—continued.

Common and Scientific Name. Locality.

Frui t Bat or Flying Fox—Pteropus polioceplialus State of New

and Pteropus scapulatus. South Wales.

Hare—Lepus europaeus. „

Rabbit—Oryctolagus cuniculus. „
In B a t h u r s t , Bombala, Braid-

wood, Cooma,
Eden, Goulburn, Gundagai, Moss

Vale, Mudgee,

Tamworth, Up
per Hunter and

Wombat—Vombatus hirsutus. Y a s s Pastures

Protection Dis

tricts ; parishes
of Coolah, Dal-

gleish, Mumbe-
dah, c o u n t y

N a p i e r i n Coonabarab r a n Pastures Protec tion District.
SECOND SCHEDULE.

Embracing part of the county of Cumberland: Commencing on the South Pacific Ocean at the eastern extremity of Barrenjoey Head; and thence bounded by the shores of that Head, a line westerly to West Head; by the waters of the Hawkesbury River and lines westerly from Flint and Steel Point to June Head, and from that Head to Green Point, and by a line northerly to Flat Rock Point; again by the waters of the aforesaid river to the right bank of Berowra Creek; by that creek and Tunk's Creek upwards and the boundary of the parish of South Colah generally westerly and southerly to the northern boundary of the parish of Castle Hill ;

Windsor Road; by that road south-easterly, the northern boundary by that boundary generally westerly and southerly to the Old

of the parish of Prospect westerly, Eastern Creek upwards, by part of the southern boundary of the last-mentioned parish easterly, by the western boundary of the parish of St. Luke, the Old Cowpasture Road and the western boundary of the municipality of Campbelltown generally southerly; by the southern boundary of that municipality generally easterly to Woronora River; by that river downwards to the southern boundary of the Sutherland Shire; by that boundary partly forming the southern boundary of National Park generally •easterly to the South Pacific Ocean; and by the South Pacific Ocean generally northerly to the point of commencement.

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Citations

Fauna Protection Act 1948 (NSW)

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PART	I I I . — F A U N A L	RESERVES.
PART	I V . — F A U N A	PROTECTION.

(a)	one member shall be appointed on the nomina tion of the Minister for Agriculture and shall be an officer of the Department of Agriculture;
(b)	two members, one of whom shall be an officer of the Forestry Commission of New South Wales and the other an officer of the Department of Conservation, shall be appointed on the nomination of the Minister for Conservation;
(c)	one member shall be appointed on the nomina tion of the Colonial Secretary and shall be an officer of the Chief Secretary's Department;
(d)	two members, one of whom shall be an officer of the Australian Museum and the other an officer

(c)	becomes bankrupt, compounds with his creditors or makes an assignment of his salary or estate for their benefit;
(d)	becomes an insane person or patient or an incapable person within the meaning of the Lunacy Act, 1898-1947;
(e)	ceases to hold the qualification in respect of which he was appointed; or
(f)	absents himself from three consecutive ordinary meetings of the panel except on leave granted by the panel.

Service shall, notwithstanding the provisions of any Act (b) A member who is an officer of the Public	or rule or regulation made under any Act, be entitled
to receive remuneration under this subsection in addition to any remuneration to which he is entitled as an officer of the Public Service.
(15) The provisions of the Public Service Act, 1902, as amended by subsequent Acts, shall not apply to or in respect of the appointment by the Governor of any member of the panel, and any member so appointed shall not, in his capacity as such member, be subject to the provisions of such Act during his term of office.

(a)	advise the Minister on matters relating to the administration of this Act;
(b)	engage in such educational activities as it considers necessary to awaken and maintain an appreciation of the value of bird and animal life
(c)	have the care and control and management of faunal reserves;
(d)	co-operate with the trustees of any land reserved by the Secretary for Lands for the preservation of fauna or the promotion of the study of fauna and generally co-operate with any other persons or bodies in the care and development of reserves for fauna;
(e)	form or approve the formation of local faunal societies;
(f)	conduct scientific and biological research in connection with the protection and care of fauna either separately or in conjunction with other scientific organisations; and
(g)	exercise and discharge the powers, authorities, duties and functions conferred and imposed upon it by or under this Act.

(a)	engages (whether in New South Wales or elsewhere) during his term of office in any paid employment outside the duties of his office;
(b)	becomes bankrupt, compounds with his creditors or makes an assignment of his salary or estate for their benefit;
(c)	absents himself from duty for a period of more than fourteen consecutive days, except on leave granted by the Minister;
(d)	becomes an insane person or patient or an incapable person within the meaning of the Lunacy Act, 1898-1947;
(e)	resigns his office by writing under his hand addressed to the Governor;

the recommendation of the Public Service Board to some	office in the Public Service not lower in classification and
salary than that which he held immediately before his appointment as Chief Guardian.
(b) Nothing in this Act shall affect the rights accrued or accruing under the Public Service Act, 1902, or under the Superannuation Act, 1916, or any Acts amending such Acts, to any person appointed as Chief Guardian who is at the time of his appointment or has been at any time previous thereto an officer of the Public Service or an employee within the meaning of the Super annuation Act, 1916, or any amendment thereof.

In this subsection "Crown lands" has the meaning Lands Consolidation Act, 1913, as amended by subsequent	ascribed to that expression in section five of the Crown
Acts.
(2) Crown lands shall not be dedicated under this section except with the concurrence of the Secretary for Lands.
(3) Of the areas dedicated under subsection one of this section, two shall be primitive or natural areas, that is to say, areas intended for the protection and care of fauna, the propagation of fauna and the promotion of the study of fauna in its natural state.

within the boundaries of any faunal reserve shall be of a Pastures Protection Board which reserve is situated	granted except with the concurrence of the panel and
subject to such special conditions as may be determined by the panel.
(3) The Secretary for Lands may with the concurrence of the panel grant permissive occupancies or extend the terms of any permissive occupancy within the boundaries of any faunal reserve whether granted before or after the commencement of this Act, subject to such special conditions as may be determined by the panel.

(a)	that such fauna was taken, killed, bought or received either during an open season in accord ance with the provisions of this Act, or in pursuance of a license; or
(b)	that he had such fauna in his possession legally before the commencement of this Act or that he purchased the same legally within six months after such commencement from some person who possessed the same before such commencement:

or circumstances shall not be affected.	and the application of such provision to other persons	2 0 . (1) The Governor may from time to time by proclamation declare any protected fauna to be rare fauna.
(2) The provisions of section eighteen of this Act shall not apply to any fauna declared under this section to be rare fauna.
(3) If any person otherwise than under and in accordance with a license issued under section twenty-five or twenty-six of this Act takes or kills any rare fauna or

Minis ter may in such license inser t such conditions as he
th inks	proper .

(a)	to persons to take or kill the fauna specified therein for the purpose of selling the same ;
(b)	to any person to carry on the business of a fauna dea le r ;
(c)	to any person to carry on the business of a skin dealer.

panel author ised by the panel in tha t behalf may take any	to the cont rary , the Chief Guard ian or any officer of the
protec ted or r a r e fauna for a n y purpose connected with the protect ion and care of fauna, the p ropaga t ion of fauna and the promot ion of the s tudy of fauna.

(a)	may, on production of the prescribed evidence of his author i ty , if he has reason to suspect tha t a broach of any of the provisions of this Act or the regulat ions has been committed and tha t any	fauna or poison in respect of which such breach
has been committed is likely to be in or upon any
building, store, shop, hut, tent, camping place or other premises or place or any vehicle or vessel, enter and search and subject to his giving a receipt in the prescr ibed form, seize any such fauna or poison found the re in ;
(b)	is empowered for the enforcement of the provi sions of this Act to exercise the powers and au thor i ty of a constable and may a t all t imes and seasons, on product ion of the prescr ibed evidence of his au thor i ty , enter any land or

36. Any person who assaul ts , res is ts , obstructs or or obstruct the Chief Guardian , any officer or employee	incites or encourages any other person to assault , resis t
of the panel , any r ange r or any collector, or who uses abusive language to any such person in the execution of his duty or au thor i ty under this Act or the regulat ions shall be guil ty of an offence and be liable to a penal ty not exceeding ten pounds.

(f)	p rescr ib ing the max imum number of any specified protected fauna which any person m a y dur ing an open season declared in respect of such fauna take or kill or have in possession on any one day or within any specified per iod ;
(g)	prescribing the method of laying poison and sa feguards in connection therewi th in order to p reven t the dest ruct ion of fauna protected by or unde r the provis ions of this A c t ;
(h)	prescribing the conditions under which any fauna, whether protected or unprotected, m a y be consigned or offered for sale or t r anspor ted , and for the p rope r caging of such f auna ;

(j)	p rovid ing for the inspection of premises regis tered under section twenty-seven of this Act and the inspection of aviar ies in which fauna is housed :
(k)	defining the duties of the Chief Guardian and officers of the panel , collectors and r ange r s who may be appointed under this Ac t ;

committed shall be liable to forfei ture and disposed of	in. such manne r as the court may direct.
(4) The regula t ions may also provide for the s ignature and issue of licenses by officers of the police force or of the Public Service for the time being holding the rank or office prescr ibed in the regulat ions for and on behalf of the Minis ter or of the panel .
Any regulat ion so providing may be f ramed general ly as to all licenses and localities or officers holding specified rank or office, or may specify or except cer tain licenses, localities or officers.

(b)	take effect from the date of publication, or from a la ter date to be specified in such regu la t ions ; and
(c)	be laid before both Houses of Parliament within fourteen s i t t ing days after publication if Pa r l i a ment is in session, and if not, then within four teen s i t t ing days after the commencement of the next session.

sens.	South Wales.
Pied Cormorant—Phalacrocorax varius.	„
Little Black Cormorant—Phalacrocorax ater.	„
Little Cormorant—Microcarbo melanoleucus.	„
Crow—Corvus Cecilae.	,
Raven—Corvus coronoidee.	„
Black Magpie or Currawong—Strepera graculina.	„
Friar-bird or Lcatberhead—Philemon corniculatus.	„
Yellow-throated Friar-bird—Philemon citreigularis.	„

capilla.	„
Lory or Crimson Rosella—Platycercus elegans.	„
Rose Hill or Rosella Parrot—Platycercus eximius.	„
Wedge-tailed Eagle or Eagle Hawk—tTroaetus
audax.	„
Common Starling—Sturnis vulgaris.	„
Red-whiskered Bui Bui—Otocompsa emeria.	„
Little Falcon—Falco longipennis.	„
Black Falcon—Falco subniger.	„
Grey Falcon—Falco hypoleucus.	„
Peregrine or Black-cheeked Falcon—Falco peregri
nes.	„
Grey Goshawk	~)
White Goshawk—Albino > Astur novae-hollandiae.	„
Form of Grey Goshawk J
Australian Goshawk—Astur fasciatus.	„

Dingo—Canis dingo.	South Wales.
Ferret—Mustela putorius.	»»
Fox—Vulpes alopex.
F I R S T

Frui t Bat or Flying Fox—Pteropus polioceplialus	State of New
and Pteropus scapulatus.	South Wales.
Hare—Lepus europaeus.	„

Windsor Road; by that road south-easterly, the northern boundary	by that boundary generally westerly and southerly to the Old
of the parish of Prospect westerly, Eastern Creek upwards, by part of the southern boundary of the last-mentioned parish easterly, by the western boundary of the parish of St. Luke, the Old Cowpasture Road and the western boundary of the municipality of Campbelltown generally southerly; by the southern boundary of that municipality generally easterly to Woronora River; by that river downwards to the southern boundary of the Sutherland Shire; by that boundary partly forming the southern boundary of National Park generally •easterly to the South Pacific Ocean; and by the South Pacific Ocean generally northerly to the point of commencement.
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