Australian Capital Territory Consolidated Acts

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NATURE CONSERVATION ACT 1980 - SECT 61

Diseased native animals and plants

    (1)     Where the conservator has reasonable cause to believe—

        (a)     that a native animal or a native plant is suffering from a disease; and

        (b)     that it is necessary or desirable for treatment of a particular kind to be carried out in connection with that disease;

the conservator may, by notice in writing, direct the owner of the animal or plant, within such period as is specified in the notice, to carry out that treatment.

    (2)     The conservator shall only issue a notice under subsection (1) in accordance with the criteria determined under section 62.

    (3)     Where a notice is given to a person under subsection (1) and—

        (a)     the person does not comply with the notice; or

        (b)     the notice is complied with but the animal or plant does not, within a reasonable time, respond satisfactorily to the treatment;

the conservator may, by notice in writing, require the person, within such period as is specified in the notice, to deliver up the animal or plant to the conservator or to destroy it.

    (4)     If a person to whom a notice in respect of a native animal is given under subsection (3) fails to comply with the notice, a conservation officer may—

        (a)     enter the land or premises where the animal is kept; and

        (b)     seize the animal.

    (5)     A conservation officer may, in respect of an animal seized by the officer under subsection (4)—

        (a)     carry out such treatment, and dispose of the animal in such manner, as he or she thinks fit; or

        (b)     destroy the animal.



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