Document ID: chunk:federal_register_of_legislation:C2024C00551:section:10:p2
Version: federal_register_of_legislation:C2024C00551
Segment Type: section
Provision Reference: s 10 (pt 2/4)
Character Range: 32963–35830

is to be dealt with in the manner that involves the least degree of pain and suffering practicable.

Permits for taking native invertebrates
 (1AA) A permit must not authorise a person to take native invertebrates unless:
 (a) the Minister is satisfied that the variety of species, the habitats essential to their existence and the balance of the natural ecological systems existing within the Antarctic will be maintained; and
 (b) the permit is so expressed as to ensure, as far as possible, that the taking authorised by the permit will be carried on to the extent only that it is necessary for:
 (i) the construction and operation of scientific support facilities; or
 (ii) providing specimens for scientific research, public education (including display in museums or other educational institutions) or such other educational purposes as the Minister thinks fit; or
 (iii) providing specimens for zoological gardens; or
 (iv) monitoring or conserving the environment or an historic site or monument; or
 (v) providing for unavoidable consequences of scientific activities not authorised under subparagraph (ii) or (iii); and
 (c) in the case of a permit relating to a specially protected species:
 (i) the permit is granted for a compelling scientific purpose; and
 (ii) the Minister is satisfied that the activities authorised by the permit will not jeopardise the existing ecological system or the survival or recovery of that species or of the local population of that species; and
 (iii) if the permit is to kill native invertebrates of that species—there is no suitable alternative technique to achieve the purpose for which the permit is granted.

Permits for gathering etc. native plants
 (1B) A permit must not authorise a person to gather, collect, endanger or otherwise interfere with a native plant unless:
 (a) the Minister is satisfied, after taking into account the number of native plants of any species that may be affected because of that permit and all other permits granted under section 9 or under corresponding laws, that the variety of species of native plants, the habitats essential to the existence of native seals, native birds, native invertebrates and native plants, and the balance of the natural ecological systems, existing within the Antarctic will be maintained; and
 (b) the permit is so expressed as to ensure, as far as possible, that the activities authorised by the permit will be carried on to the extent only that they are necessary for:
 (i) the construction and operation of scientific support facilities; or
 (ii) providing specimens for scientific research, public education (including display in museums, herbaria, botanical gardens or other educational institutions) or such other educational purposes as the Minister thinks fit; or
 (iii) monitoring or conserving the environment or an historic site or monument; or