ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 87 Taking etc. listed native species

ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 87

87.(1) Subject to subsection (4), a person must not knowingly or recklessly
take, trade, keep, or move any member of a listed native species that is in or
on a Commonwealth area. Penalty: $50,000.

(2) Subject to subsection (4), a person must not knowingly or recklessly
trade, keep or move any member of a listed native species that has been taken
in or on a Commonwealth area. Penalty: $50,000.

(3) If a person carries out an activity that results, directly or indirectly,
in the taking (otherwise than knowingly or recklessly) of one or more members
of a listed native species in or on a Commonwealth area, the person must, as
soon as practicable after becoming aware of the taking, give the Director a
written notice that:

   (a)  informs the Director that the activity resulted in the taking; and

   (b)  contains such other particulars relating to the taking (for example,
        the time and place of the taking) as are specified in the regulations.
        Penalty: $10,000.

(4) This section does not apply to an act:

   (a)  that is done in accordance with a permit issued by the Director under
        section 89; or

   (b)  that is provided for in a recovery plan or threat abatement plan for
        the purposes of its implementation; or

   (c)  that is done in accordance with a governmental approval given or made
        under:

        (i)    the Great Barrier Reef Marine Park Act 1975; or

        (ii)   the National Parks and Wildlife Conservation Act 1975; or

        (iii)  the Wildlife Protection (Regulation of Exports and Imports) 
               Act 1982 ; or

        (iv)   the Whale Protection Act 1980; or

   (d)  that is done by a Commonwealth agency or State agency and is
        reasonably necessary for the purposes of law enforcement.

(5) In this section:

"keep", in relation to a member of a listed native species, means:

   (a)  in the case of a species of fauna-have charge or possession of the
        member of the species either in captivity or in a domesticated state;
        or

   (b)  in the case of a species of flora-have possession of the member of the
        species;

"member of a listed native species" includes, in the case of a species of
fauna, the whole or part of the dead body of a member of the species;

"take" includes kill, destroy, damage or collect;

"trade" includes:

   (a)  buy, agree to receive under an agreement to buy, agree to accept under
        such an agreement or acquire by barter; or

   (b)  sell, offer for sale, agree to sell, have in one's possession for the
        purpose of sale, deliver for the purpose of sale, receive for the
        purpose of sale or dispose of by barter for the purpose of gain or
        advancement; or

   (c)  export from Australia or import into Australia; or

   (d)  cause or allow any of the acts referred to in paragraph (a), (b) or
        (c) to be done.