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NATURE CONSERVATION (AMENDMENT) ACT - SCHEDULE 2

    SCHEDULE 2     Section 28

FURTHER AMENDMENTS
PART I—AMENDMENT OF THE
NATURE CONSERVATION ACT 1980

Long title—

Omit “wildlife”, substitute “native animals and native plants”.

Subsections 24 (1) and (2)—

Omit “permit, interfere with a nest of an animal that is wildlife”, substitute “licence, interfere with a nest of a native animal”.

Subsection 24 (5) (definition of “nest”)—

Omit “an animal that is wildlife”, substitute “a native animal”.

Subsection 25 (1)—

Omit “permit, kill an animal that is wildlife”, substitute “licence, kill a native animal”.

Subsection 26 (1)—

Omit “permit or licence, take an animal that is wildlife”, substitute “licence, take a native animal”.

Subsections 27 (1), 28 (1), 29 (1) and 30 (1)—

Omit “permit or”.

Section 40—

Omit “an animal, being an animal that is wildlife, in the possession of a person escapes”, substitute “a native animal escapes from custody”.

Paragraph 40 (b)—

Omit “permit or”.

Subsection 45 (1)—

Omit “plant that is restricted plant wildlife, or” and substituting “protected native plant, or a plant”.

Heading to Part V—

Omit the heading, substitute the following heading:

PART V—CONSERVATION DIRECTIONS ”.

Section 45A (definition of “wildlife”)—

Omit the definition.

Section 45A—

Insert the following definition:

“ ‘native animal' includes any live fish.”.

Subsection 46 (1)—

    (a)     Omit “wildlife” (first occurring), substitute “native animals or native plants”.

    (b)     Omit “that wildlife” (last occurring), substitute “those animals or plants”.

Paragraph 46 (2) (b)—

Omit the paragraph, substitute the following paragraph:

    “(b)     he or she has, not less than 24 hours before entering the land, given the occupier written notice of intention to enter the land.”.

Paragraph 57 (1) (a)—

Omit “that is not wildlife”, substitute “other than a native animal”.

Paragraph 58 (1) (b)—

Omit all the words after “hold”, substitute “an authority under this Act to produce the authority or evidence of the authority”.

Subsection 58 (4)—

Omit all the words from and including “a licence” to and including “permit” (last occurring), substitute “an authority or evidence of an authority for the doing of an act if the authority”.

Section 58—

Add at the end the following subsection:

“(5) In this section—

‘authority' includes a licence.”.

Paragraph 59 (a)—

Omit “permit”, substitute “licence”.

Subsection 60A (1)—

Omit “permit”, substitute “licence”.

Heading to Part VII—

Omit “ PERMITS AND ”.

Section 67—

Omit “permit or licence does not authorize the holder of the permit or licence”, substitute “licence does not authorise the licensee”.

Section 70—

    (a)     Omit “The holder of a permit or licence”, substitute “A licensee”.

    (b)     Omit “permit or licence, as the case requires,”, substitute “licence”.

Section 70 (penalty provision, paragraph (a))—

Omit “permit or”.

Section 71—

Repeal the section.

Subsection 72 (3)—

Omit “plants that are wildlife”, substitute “native plants”.

Section 73—

Omit “71 or”.

Subsection 74A (1)—

Omit “subsection 74 (1) or (2), as the case requires”, substitute “section 74”.

Subsections 75 (1) and (2)—

Omit the subsections, substitute the following subsection:

“(1) A licensee shall pay to the Territory royalty at the prescribed rate in relation to the sale or disposal of—

        (a)     native animals;

        (b)     native plants; or

        (c)     native timber;

taken or removed in accordance with the licence.”.

Paragraph 75 (3) (b)—

Omit all the words after “received by the”, substitute “licensee for the sale or disposal”.

Subsection 75 (4)—

Omit all the words from and including “In relation” to and including “depending on”, substitute “Different rates of royalty may be prescribed in relation to native timber depending on”.

Paragraph 75 (4) (a)—

Omit “to which the licence applies”.

Paragraph 75 (4) (b)—

Omit “to which the licence applies”, substitute “from which the timber was taken”.

Subparagraph 75 (4) (b) (i)—

Omit “land”.

Subparagraph 75 (4) (b) (ii)—

Omit “land that is”.

Subsection 75 (5)—

Omit “wildlife or timber” (first occurring), substitute “animals, plants or timber”.

Paragraph 75 (5) (a)—

Omit “of wildlife or timber”.

Section 76—

Insert “45AB, 45AC,” after “43,”.

Subsection 77 (1) (definition of “animal”, paragraph (a))—

Omit “and”, substitute “or”.

Subsection 77 (1) (definition of “plant”)—

Omit “plant that is wildlife”, substitute “native plant”.

Subsection 77 (2)—

Omit “permit or”.

Paragraph 78A (1) (a)—

Omit “wildlife”, substitute “a native animal”.

Paragraph 78A (1) (c)—

Omit “permit or licence indicating that”, substitute “licence in accordance with which”.

Paragraphs 81 (1) (a) and (b)—

Omit “permit or”.

Section 82—

Repeal the section.

PART II—AMENDMENT OF THE
NATURE CONSERVATION REGULATIONS

Subregulation 3 (1)—

Omit all the words from and including “section 71” to and including “kept by him are”, substitute “subsection 72 (1) of the Act, the holder of a licence relating to animals who keeps an animal, other than an exempt animal, shall keep the following records in respect of the animals kept by him or her”.

Subparagraph 3 (c) (ii)—

Omit “and”.

Regulation 4—

After “him” (first occurring) insert “or her”.

Paragraph 4 (c)—

Omit “authorizing him to sell”, substitute “authorising the sale of”.

Regulation 5—

Omit “authorizing him to sell or export from the Territory plants that are wildlife”, substitute “authorising the sale or export from the Territory of native plants”.

PART III—AMENDMENT OF OTHER ACTS

Animal Welfare Act 1992

Section 4 (definition of “feral animal”)—

Omit “wildlife”, substitute “a native animal”.

Section 4 (definition of “pest”)—

Omit “, or wildlife”, substitute “or a native animal”.

Section 4 (definition of “wildlife”)—

Omit the definition.

Section 4—

Insert the following definition:

“ ‘native animal' has the same meaning as in the Nature Conservation Act 1980 ;”.

Paragraph 12 (a)—

Omit “, or to wildlife”, substitute “or to a native animal”.

Paragraph 17 (3) (a)—

Omit “wildlife”, substitute “native animals”.

Subparagraph 19 (2) (b) (iii)—

Omit “wildlife”, substitute “native animals”.

Paragraph 21 (n)—

Omit “wildlife”, substitute “native animals”.

Dog Control Act 1975

Subsection 5 (1) (definition of “wildlife”)—

Omit the definition.

Subsection 5 (1)—

Insert the following definition:

“ ‘native animal' has the same meaning as in the Nature Conservation Act 1980 ;”.

Paragraph 40 (1) (c)—

Omit “an animal that is”.

Further amendments—

The following provisions are amended by omitting “wildlife” and substituting “a native animal”:

Paragraph 25 (1) (d), subsections 28 (2) and (5) and 34 (2) and paragraph 40 (1) (c).

   



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