Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (3), a person who infringes the protection conferred by
subsection (1) or declared pursuant to section 14(2), by taking
fauna while protected, otherwise than by —
the authority of a
licence issued pursuant to the provisions of section 15; or
the authority of the
provisions of section 17(2)(c), or of section 23,
commits an offence
against this Act.
(1a) In the case of
fauna other than fauna in respect of which a declaration under
section 14(2)(ba) is in operation, subsection (1) does not apply to
the taking of fauna incidental to clearing referred to in section 51C(a),
(b) or (c) of the Environmental Protection Act 1986 .
(2) Subject to
subsection (3), a person who fails to observe any of the restrictions
placed on the taking or disposal or the taking and disposal of fauna pursuant
to section 14(2) commits an offence against this Act.
(3) Despite
subsections (1) and (2) an inspector under the Animal
Welfare Act 2002 , or a person assisting an inspector under that Act,
may —
(a)
destroy fauna if that is permitted under section 41 of that Act; and
(b) be
in possession of fauna that has been seized under that Act for such period as
is reasonably necessary for the person to comply with section 45 of that
Act.
[Section 16 amended by No. 45 of 1967
s. 16; No. 53 of 1970 s. 4; No. 57 of 1997
s. 132(23); No. 33 of 2002 s. 97(3); No. 54 of 2003 s. 120(2).]