Document ID: chunk:federal_register_of_legislation:C2024C00551:section:10:p1
Version: federal_register_of_legislation:C2024C00551
Segment Type: section
Provision Reference: s 10 (pt 1/4)
Character Range: 30431–33205

10  Restrictions applicable to permits

Permits for taking etc. native birds and native seals
 (1) A permit shall not authorize a person to kill, take, injure or otherwise interfere with a native bird or native seal unless:
 (a) the Minister is satisfied that:
 (i) the number of birds or seals of any species that may be killed or taken from local populations in that year by virtue of that permit and all other permits granted under section 9 and by virtue of corresponding laws will be replaced in the immediately succeeding breeding season by natural reproduction; and
 (ii) 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 activities authorized by the permit will be carried on to the extent only that they are necessary for:
 (i) if the permit relates to native birds—the construction and operation of scientific support facilities; or
 (ii) if the permit relates to native birds or native seals—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
 (iia) if the permit relates to native birds or native seals—providing specimens for zoological gardens in cases where such specimens cannot be obtained from existing captive collections elsewhere or where there is a compelling conservation need; or
 (iii) if the permit relates to native birds—monitoring or conserving the environment or an historic site or monument; or
 (iv) if the permit relates to native birds—providing for unavoidable consequences of scientific activities not authorised under subparagraph (ii) or (iia); 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 authorized by the permit will not jeopardize 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 a native bird or native seal of that species—there is no suitable alternative technique to achieve the purpose for which the permit is granted.
 (1A) A permit authorising a person to kill, take, injure or otherwise interfere with a native bird or seal must specify as a condition of the permit that the bird or seal 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