Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A person shall not, except in accordance with a licence, interfere with a nest of a native animal, or with anything in the immediate environment of such a nest, if the interference—
(a) places the animal or its progeny in danger of death; or
(b) places the animal in danger of not being able to breed—
(i) if the interference occurs during the animal's breeding season—during that season; or
(ii) in any other case—during the animal's next breeding season.
Maximum penalty:
(a) if the animal has special protection status—100 penalty units, imprisonment for 1 year or both; or
(b) in any other case—50 penalty units, imprisonment for 6 months or both.
(2) A person shall not, except in accordance with a licence, interfere with a nest of a native animal, or with anything in the immediate environment of such a nest.
Maximum penalty:
(a) if the animal has special protection status—30 penalty units; or
(b) in any other case—20 penalty units.
(3) It is a defence to a prosecution for an offence against subsection (1) if it is established that the defendant believed on reasonable grounds that the alleged danger did not exist.
(4) It is a defence to a prosecution for an offence against subsection (1) or (2) if it is established that the defendant believed on reasonable grounds that the place, structure or object alleged to have been interfered with—
(a) was not a nest; or
(b) was not in the immediate environment of a nest;
as the case may be.
(5) In this section:
"interfere with" includes damage or destroy.
"nest", in relation to a native animal, includes—
(a) a particular place, structure or object that is being, or has been within the previous 2 years, used as a nesting place by the animal; or
(b) a partially constructed nest that has not been used as a nesting place by the animal.