Australian Capital Territory Numbered Acts

NATURE CONSERVATION (AMENDMENT) ACT (NO. 110 OF 1994) - SECT 9

9. Section 39 of the Principal Act is amended—

    (a)     by omitting from subsection (1) “permit” and substituting “licence”;

    (b)     by omitting from subsection (1) all the words from and including “an animal” to and including “captivity” (last occurring) and substituting:

“a native animal from captivity if the release—

        (a)     places the animal in greater danger of injury or death than if it had been kept in captivity; or

        (b)     threatens the survival, abundance or evolution of any species of native animals.”;

    (c)     by omitting from subsection (1A) “permit” and substituting “licence”;

    (d)     by omitting from subsection (1A) all the words from and including “wildlife” (first occurring) to and including “death” and substituting:

“a native animal from captivity if the release—

        (a)     places any native animal in danger of injury or death; or

        (b)     threatens the survival, abundance or evolution of any species of native animals.”;

    (e)     by omitting from subsection (1B) “permit” and substituting “licence”;

    (f)     by inserting after subsection (1B) the following subsection:

“(1BA) A person shall not release a live fish into waters in the Territory, except—

        (a)     in accordance with a licence; or

        (b)     if the fish was initially taken from the part of the waters into which it is released.

Penalty: $1,000.”;

    (g)     by omitting from subsection (1C) all the words after “release” and substituting:

“of the animal—

        (a)     did not place the animal in greater danger of injury or death than if it had been kept in captivity; and

        (b)     did not threaten the survival, abundance or evolution of any species of native animals.”;

    (h)     by omitting from subsection (1D) all the words after “release” and substituting:

“of the animal—

        (a)     did not place any native animal in danger of injury or death; and

        (b)     did not threaten the survival, abundance or evolution of any species of native animals.”;

    (i)     by omitting from subsection (2) “and (1B)” and substituting
“, (1B) and (1BA)”; and

    (j)     by omitting from paragraph (2) (a) “an animal that is wildlife, being an animal” and substituting “a native animal”.