New South Wales Consolidated Acts

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 99

99 Harming threatened interstate fauna

(1) A person shall not:

(a) harm any threatened interstate fauna, or

(b) use any substance, animal, firearm, explosive, net, trap, hunting device or instrument or means whatever for the purpose of harming any such fauna, or

Maximum penalty:

(a) 1000 penalty units and, in a case where threatened interstate fauna is harmed, an additional 100 penalty units in respect of each animal that is harmed, or

(b) imprisonment for 1 year,

or both.

(2) 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 under and in accordance with or by virtue of the authority conferred by a general licence under section 120 or a scientific licence under section 132C.

(3) Where the provisions of any other Act or instrument under any other Act authorise or require anything to be done that would constitute an offence arising under subsection (1):

(a) the provisions of this section prevail, except where the other Act is the Rural Fires Act 1997 , and

(b) a person shall not be convicted of an offence against that other Act or instrument by reason of the person’s failure to comply therewith in so far as compliance therewith would constitute an offence arising under subsection (1).