68D—Hunting and food gathering by Aboriginal persons
(1) It is not illegal
by virtue of section 47(1) or (2) for an Aboriginal person to take a
native plant in pursuance of this Division from land that is not a reserve or
a wilderness protection area or wilderness protection zone.
(2) It is not illegal
by virtue of section 51 for an Aboriginal person to take a protected
animal, or the eggs of a protected animal, in pursuance of this Division from
land that is not a reserve or a wilderness protection area or wilderness
protection zone.
(3) It is not illegal
by virtue of section 47(1) for an Aboriginal person to take a native
plant from a reserve (other than a co-managed park) or from a wilderness
protection area or a wilderness protection zone in pursuance of this Division
if the native plant is taken in accordance with a proclamation permitting the
taking of the plant from the reserve or wilderness protection area or
wilderness protection zone.
(4) It is not illegal
by virtue of section 51 for an Aboriginal person to take a protected
animal, or the eggs of a protected animal, from a reserve (other than a
co-managed park) or from a wilderness protection area or a wilderness
protection zone in pursuance of this Division if the animal or eggs are taken
in accordance with a proclamation permitting the taking of the animal or eggs
from the reserve or wilderness protection area or wilderness protection zone.
(5) The Governor may,
by proclamation, vary or revoke a proclamation referred to in
subsection (3) or (4).
(5a) It is not illegal
by virtue of section 47(1) or 51 for an Aboriginal person who is a member
of the relevant Aboriginal group to take a native plant, protected animal or
the eggs of a protected animal in pursuance of this Division from a co-managed
park if the native plant, protected animal or eggs are taken—
(a) if
there is a co-management board for the park—in accordance with a
permission granted by the board (which may be general or specific and
conditional or unconditional); or
(b) in
accordance with the provisions of the co-management agreement for the park.
(6) An animal, egg or
plant is taken in pursuance of this Division if it is taken—
(a) for
food for the person who takes it or for his or her dependants; or
(b)
solely for cultural purposes of Aboriginal origin.