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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 246

Vesting of whales in Commonwealth

  (1)   If:

  (a)   a cetacean is:

  (i)   in the Australian Whale Sanctuary, other than the coastal waters, or a part of the coastal waters, of a State or the Northern Territory for which a declaration under section   228 is in force; or

  (ii)   in waters beyond the outer limits of the Australian Whale Sanctuary; and

  (a)   a person kills, injures or takes the cetacean, whether or not in contravention of this Division;

the cetacean vests, by force of this section, in the Commonwealth.

  (2)   The Commonwealth is not liable in any action, suit or proceedings in respect of any matter relating to a cetacean at any time before the taking of possession of the cetacean by the Commonwealth.


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