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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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