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Contents (2016 - 63)
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Biodiversity Conservation Act 2016 No 63
Current version for 1 July 2019 to date (accessed 20 September 2019 at 15:43)
Part 2 Division 4
Division 4 Miscellaneous provisions
2.18   Protected animals (unless excluded) to be property of the Crown
(1)  In this section:
excluded protected animal means:
(a)  a protected animal that is, at the time of birth, in the lawful possession of any person other than the Crown, or
(b)  a protected animal imported into New South Wales, or
(c)  a protected animal that was, before the commencement of the National Parks and Wildlife Act 1974 on 1 January 1975, lawfully taken or in the lawful possession of any person other than the Crown and that had not been liberated before 1 January 1975, or
(d)  a protected animal of a class prescribed by the regulations for the purposes of this definition.
protected animal includes an animal of (or part of) a threatened species or threatened ecological community.
(2)  A protected animal (other than an excluded protected animal) is, until lawfully captured or killed, deemed to be the property of the Crown.
(3)  A protected animal is, when liberated in New South Wales, deemed to be the property of the Crown.
(4)  A protected animal that 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 a biodiversity conservation licence that declares that any animal so taken or obtained remains the property of the Crown.
(5)  The progeny of any protected animal that was born at a time when the protected animal was in the possession of a person in the circumstances referred to in subsection (4) is, at the time of birth, deemed to be in the lawful possession of the Crown instead of that person.
2.19   Regulations for the purposes of this Part
(1)  The regulations may amend or substitute Schedule 5 (Protected animals) or Schedule 6 (Protected plants).
(2)  The regulations may make provision for or with respect to the regulation or welfare of protected animals and the regulation of protected plants. In particular, the regulations may:
(a)  regulate the breeding of protected animals, and
(b)  make provision for or with respect to the registration of persons who deal in protected animals or protected plants and of premises used by those persons, and
(c)  require the keeping of records by persons who deal in protected animals or protected plants, and
(d)  make provision for or with respect to the preparation of management plans in relation to any commercial activity that may adversely affect protected animals or protected plants (including provision with respect to tagging of animals or plants that are sold).
(3)  In this section, protected animal includes an animal of (or part of) a threatened species or threatened ecological community, and protected plant includes a plant of (or part of) a threatened species or threatened ecological community.