(2) A person who
commits an offence arising under subsection (1) is liable to the penalty
prescribed by section 175 for an offence against this Act or to imprisonment
for a term not exceeding 6 months, or both.
(3) A person shall not be
convicted of an offence arising under subsection (1) if the person proves that
the act constituting the offence was done, or that the state of affairs
constituting the offence existed--
(a) under and in accordance with or by
virtue of the authority conferred by an authorisation under section 171, or
(b) in pursuance of a duty imposed by or under any Act.
(4) A person shall
not be convicted of an offence arising under subsection (1) in respect of the
carrying or being in possession of a net if the person proves that the net was
carried or was in the person's possession for the purpose only of taking, or
attempting to take, fish from any waters.
(5) A person, being a lessee or
occupier of any lands within a karst conservation reserve, or a person
authorised by such a lessee or occupier in that behalf, shall not be convicted
of an offence arising under subsection (1) in respect of the harming of an
animal that is within those lands (other than fauna or an animal of a
threatened species).
(6) The regulations may make provision for or with
respect to exempting, subject to the prescribed conditions and restrictions
(if any), any person or class or description of persons from the provisions of
subsection (1).
(7) Without limiting subsection (6), this section does not
prevent--