Phil,
Under Qld's NATURE CONSERVATION (PROTECTED AREAS MANAGEMENT)
REGULATION 2006 - SECT 139, says:
"Disturbance by radio, tape recorder or sound system
A person must not use a radio, tape recorder or other sound or
amplifier system in a way that may cause unreasonable disturbance to a
person or animal in a protected area.
Maximum penalty--50 penalty units." Qld's penalty units are worth $100
at the moment.
I don't know if anyone has been charged under Sect 139, but it would
be interesting to see the legal arguments pro and con. The argument
hinges on "in a way that may cause unreasonable disturbance to a
person or animal". It would be hard to prove that an animal had not
been "unreasonably disturbed" by a play-back, but then again it would
be hard to prove it had.
I think most Magistrates would not look on using play-back as a
serious breach and may very well dismiss the matter or only hit the
defendant with a couple of hundred dollars plus costs.
I would contact the relevant department's (National Parks?) regulatory
section and sound them out on the current enforcement policy on using
play-back under Sect 139, they may very well decide to use their
powers of discretion and turn a deaf ear to play-back.
Cheers,
Carl Clifford
On 04/06/2009, at 4:03 PM, Phil & Sue Gregory wrote:
Dear all,
My mate Bret Whitney is compiling a paper about the potential negative
effects of overuse of tapes on birds, a growing issue as the use of
digital recordings is becoming so widespread.
Here is his request:
Thanks for this info. I wonder if you could possibly find the
official number of the law and date it went into effect in
Queensland? Has anyone ever actually been arrested or cited to pay a
fine or other penalty? It seems that we’re all fearing fines and
penalties from heresay or sign-postings about playback — but is it
actually a law anywhere? Would a park actually have legal grounds in
a court of law for leveling a fine on someone? Perhaps so, but it’s
not at all clear to me, at least. Not that I want to fight any fine I
or others might ever receive — I just want to know if there is
actually any written, formal legislation on the subject anywhere in
the world. I’m having trouble finding anything here in the US.
If anyone can help that'd be great. Thanks
Phil Gregory
www.cassowary-house.com.au==============================www.birding-aus.org
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