Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Except to the
extent which the Minister declares by notice published in the Government
Gazette pursuant to the provisions of this section all fauna is wholly
protected throughout the whole of the State at all times.
(2)(a) Subject to
section 15A, the Minister may from time to time
declare —
that any of the fauna
is not protected or is protected to such extent for such period of time
throughout the whole or such part or parts of the State as he shall think fit,
and for these purposes
may from time to time by notice published in the Government Gazette
declare —
a close season or an
open season in respect of any of the fauna and place such restrictions on
either the taking or disposal or the taking and disposal of the fauna as he
considers advisable.
(b) The
Minister may from time to time, by notice published in the Government Gazette
, vary the provisions and operation of a notice promulgated pursuant to the
power conferred upon him by this section by cancelling those provisions and
that operation wholly or in part absolutely, or by cancelling those provisions
and that operation wholly or in part, and substituting other provisions and
their operation for those so cancelled.
(ba) The
Minister may, from time to time by notice published in the Government Gazette
, declare that any fauna specified in the notice is for the purposes of this
Act fauna which is likely to become extinct, or is rare, or otherwise in need
of special protection and while such declaration is in
operation —
(i)
such fauna is wholly protected throughout the whole of
the State at all times; and
(ii)
a person who commits an offence under section 16 or
section 16A with respect to or in relation to such fauna is liable,
notwithstanding any other provision of this Act, to a penalty of $10 000.
(c) A
declaration promulgated by a notice pursuant to the provisions of this section
shall, by virtue of this section, have the force of law while in operation.
[Section 14 amended by No. 38 of 1954
s. 6; No. 99 of 1969 s. 7; No. 53 of 1970 s. 3;
No. 67 of 1975 s. 16; No. 58 of 1985 s. 2; No. 18 of
1992 s. 4.]