r. 42 the person is licensed or authorised to do so under the Act. Penalty: 50 penalty units. (6) A person does not commit an offence under subregulation (1) in circumstances where the person is attempting to capture any wildlife of the taxa listed in Part A or Part C of Schedule 5 or Schedule 7 which was legally in the possession of the person and which has escaped. (7) In this regulation, does not include game. wildlife 42 Person not to damage, disturb or destroy any wildlife habitat (1) A person other than a person referred to in subregulation (2) must not damage, disturb or destroy any wildlife habitat. Penalty: 50 penalty units. (2) A person does not commit an offence under subregulation (1) if the person is— (a) authorised to damage, disturb or destroy wildlife habitat under any Act; or (b) the holder of a licence granted under the to harvest timber or other Forests Act 1958 forest produce; or (c) undertaking timber harvesting operations that are authorised operations referred to in section 45(2)(a) and (b)(i) of the Sustainable Forests (Timber) Act 2004. (3) In this regulation, in relation to wildlife disturb habitat includes but is not limited to the removal or relocation of wildlife habitat or a part of wildlife habitat. 43 Housing wildlife
the person is licensed or authorised to do so under the Act. Penalty: 50 penalty units. (6) A person does not commit an offence under subregulation (1) in circumstances where the person is attempting to capture any wildlife of the taxa listed in Part A or Part C of Schedule 5 or Schedule 7 which was legally in the possession of the person and which has escaped. (7) In this regulation, wildlife does not include game. 42 Person not to damage, disturb or destroy any wildlife habitat r. 42 (1) A person other than a person referred to in subregulation (2) must not damage, disturb or destroy any wildlife habitat. Penalty: 50 penalty units. (2) A person does not commit an offence under subregulation (1) if the person is— (a) authorised to damage, disturb or destroy wildlife habitat under any Act; or (b) the holder of a licence granted under the Forests Act 1958 to harvest timber or other forest produce; or (c) undertaking timber harvesting operations that are authorised operations referred to in section 45(2)(a) and (b)(i) of the Sustainable Forests (Timber) Act 2004. (3) In this regulation, disturb in relation to wildlife habitat includes but is not limited to the removal or relocation of wildlife habitat or a part of wildlife habitat. 43 Housing wildlife
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