97   Certain protected fauna to be property of the Crown

(1)  In this section, prescribed fauna means:

(a)  an animal that is protected fauna and that is, at the time of birth, in the lawful possession of any person other than the Crown,

(b)  protected fauna, being fauna imported into New South Wales,

(b1)  (Repealed)

(c)  protected fauna that was, before the commencement day, lawfully taken or in the lawful possession of any person other than the Crown and that had not been liberated before that day, or

(d)  any protected fauna of a class or description prescribed for the purposes of this paragraph.

(2)  Any protected fauna, other than prescribed fauna, shall, until captured or killed in accordance with this Act, be deemed to be the property of the Crown.

(3)  Any prescribed fauna shall, when liberated in New South Wales, be deemed to be the property of the Crown.

(4)  Protected fauna which is deemed by this section to be the property of the Crown does not cease to be the property of the Crown merely because a person other than the Crown:

(a)  takes possession of it because it is incapable of fending for itself in its natural habitat, or

(b)  takes or obtains it under and in accordance with or by virtue of the authority conferred by a general licence under section 120 (being a general licence which declares that any animal so taken or obtained remains the property of the Crown).

(5)  The progeny of any protected fauna which was born at a time when the protected fauna was in the possession of a person in the circumstances referred to in subsection 4 (a) or (b) shall, at the time of birth, be deemed to be in the lawful possession of the Crown instead of that person.