“Activity includes a business, trade, or occupation”.

“Concession means a concession granted under section 22 in the form of a licence or permit that does not create an interest in land or that does create an interest in land that is non-exclusive”.

• “(e) Engaging in a wild animal recovery operation:”.

“Wild animal recovery operation means the use of an aircraft (whether or not for hire or reward) to carry out one or more of the following activities

• “(a) The searching for, shooting, or immobilising of wild animals:

• “(b) The recovering of wild animals (whether dead or alive) or of any part of those wild animals:

• “(c) The carriage of persons, supplies, equipment, firearms, ammunition, poisons, or other things that may be used for the purpose of paragraph (a) or paragraph (b):”

• “(1A) The Minister must not delegate the power to grant concessions under Part II other than to the Director-General or to any other officer or employee of the Department.”

“Part II
“Concessions for wild animal recovery operations on certain Crown-owned and other land

“21 Purpose of this Part

• The purpose of this Part is to—

  • “(a) Provide for the granting of concessions to authorise wild animal recovery operations on certain land; and

  • “(b) Apply the provisions of Part IIIB of the Conservation Act 1987 for the purpose of granting those concessions; and

  • “(c) In applying Part IIIB of the Conservation Act 1987, require the Minister to have regard to—

    • “(i) The provisions of the Act under which the land concerned is held; and

    • “(ii) The purposes for which that land is held; and

    • “(iii) The purposes of this Act.

“22 Power to grant concessions for wild animal recovery operations on certain Crown-owned and other land

• “(1) Despite any other Act, the Minister has exclusive authority to grant, in accordance with Part IIIB of the Conservation Act 1987, concessions authorising the holder of the concession to enter any land described in subsection (2) and engage in wild animal recovery operations.

  “(2) The land is—

  • “(a) Crown-owned land that is—

    • “(i) A conservation area, or deemed to be a conservation area, under the Conservation Act 1987:

    • “(ii) A national park under the National Parks Act 1980:

    • “(iii) A reserve under the Reserves Act 1977,—

      • “(A) Including a reserve that is controlled or managed by an administering body under any of sections 28, 29, 30, 35, and 36 of that Act; but

      • “(B) Excluding a reserve vested in an administering body under that Act or another Act:

    • “(iv) A wildlife sanctuary or wildlife refuge or wildlife management reserve under the Wildlife Act 1953:

  • “(b) Other land to which the National Parks Act 1980 is applied as if the land were a national park.

  “(3) For the purposes of subsection (1), Part IIIB of the Conservation Act 1987 (except for sections 17O(4) and 17U(3)) applies as if references in that Part to a conservation area were references to—

  • “(a) A national park in the case of land described in subsection (2)(a)(ii):

  • “(b) A reserve in the case of land described in subsection (2)(a)(iii):

  • “(c) A wildlife sanctuary or wildlife refuge or wildlife management reserve, as appropriate, in the case of land described in subsection (2)(a)(iv):

  • “(d) Land administered as if it were a national park in the case of land described in subsection (2)(b),—

  “and in each case with any other necessary modifications.

  “(4) Nothing in this section limits or affects the powers of the Director-General under section 27.

“23 Matters to which Minister to have regard in considering application for concession

• In considering an application for a concession under section 22, the Minister must have regard not only to the matters specified in section 17U (other than subsection (3)) of the Conservation Act 1987 (as applied by section 22), but also to—

  • “(a) The provisions of the Act under which the land concerned is held and the purposes for which that land is held; and

  • “(b) The purposes of this Act; and

  • “(c) The role of persons engaged in hunting for recreation in achieving the purposes of this Act.”

• “(3) Every person commits an offence who engages in a wild animal recovery operation on land described in section 22(2) and who does not hold a concession under section 22 authorising wild animal recovery operations.”

• “(2) Every person who, in carrying out a wild animal recovery operation, commits an offence under section 8(2) is liable on conviction,—

  • “(a) In the case of an individual, to a fine not exceeding $10,000:

  • “(b) In the case of a body corporate, to a fine not exceeding $80,000.

• “(2A) Every person who commits an offence under section 36(3) is liable on conviction,—

  • “(a) In the case of an individual, to a fine not exceeding $10,000:

  • “(b) In the case of a body corporate, to a fine not exceeding $80,000.”