(1)  Subject to subsections (2) and (3) , a person must not knowingly, without a permit –

(a) take, keep, trade in or process any specimen of a listed taxon of flora or fauna; or

(b) disturb any specimen of a listed taxon of flora or fauna found on land subject to an interim protection order; or

(c) disturb any specimen of a listed taxon of flora or fauna contrary to a land management agreement; or

(d) disturb any specimen of a listed taxon of flora or fauna that is subject to a conservation covenant entered into under Part 5 of the Nature Conservation Act 2002 ; or

(e) abandon or release any specimen of a listed taxon of flora or fauna into the wild.

Penalty:  Fine not exceeding 629 penalty units or imprisonment for a term not exceeding 12 months, or both, and a further fine not exceeding 126 penalty units for each day during which the offence continues after conviction.

(2)  A person may take, keep or process, without a permit, a specimen of a listed taxon of flora in a domestic garden.

(3)  A person acting in accordance with a certified forest practices plan or a public authority management agreement may take, without a permit, a specimen of a listed taxon of flora or fauna, unless the Secretary, by notice in writing, requires the person to obtain a permit.

(4)  A person undertaking dam works in accordance with a Division 3 permit issued under the Water Management Act 1999 may take, without a permit, a specimen of a listed taxon of flora or fauna.