Wildlife Regulations 2013
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Wildlife Regulations 2013
S.R. No. 64/2013
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1 Objectives 1
2 Authorising provision 2
3 Commencement 2
4 Revocation 2
5 Definitions 2
PART 2—GENERAL 4
Division 1—Licences 4
6 Prescribed categories of wildlife licences for the purposes of
section 22 4
7 Wildlife Basic Licence 4
8 Wildlife Advanced Licence 5
9 Wildlife Specimen Licence 5
10 Dingo Licence 5
11 Wildlife Controller Licence 5
12 Wildlife Dealer Licence 6
13 Wildlife Demonstrator Licence 6
14 Wildlife Displayer Licence 7
15 Game Bird Farmer Licence 8
16 Wildlife Processor Licence 8
17 Wildlife Farmer Licence 8
18 Wildlife Taxidermist Licence 9
19 Licence fees 10
20 Application for a wildlife licence 11
21 Notification of change of natural person responsible for
managing premises specified in licence 13
22 Advertisement to include licence number 14
23 Employees of Commercial Wildlife Licence holders 14
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Division 2—Forms, Permits and Authorisations 15
24 Application for authorisation under section 28A 15
25 Application for import and export permits 15
26 Location of forms 15
Division 3—Record keeping requirements 16
27 Record books 16
28 Return forms 17
29 Inspections of record books and return forms 17
30 Fees for lost or damaged record book 18
31 Storage of record books and return forms 18
32 Return of record books and return forms 18
33 Theft, loss and damage 19
34 Electronic recording of information 21
35 Approvals by the Secretary 21
Division 4—Miscellaneous 22
36 Notification of change of name or address 22
37 Marking of individual wildlife 22
38 Prescribed poisons under section 54 23
39 Wildlife to be bought, sold or disposed of only at specified
premises 23
40 Prescribed area of public land 24
PART 3—PROTECTION OF WILDLIFE 25
41 Taking of wildlife 25
42 Person not to damage, disturb or destroy any wildlife habitat 26
43 Housing wildlife 26
44 Transport of wildlife 28
45 Wildlife that is not self-sufficient 30
46 Inter-breeding of wildlife 31
PART 4—EXEMPTIONS 32
47 Exemptions for registered veterinary practitioners from
offences in the Act relating to the destruction of wildlife 32
48 Exemptions from offences in the Act relating to the destruction
of protected wildlife 32
49 Exemptions from offences in the Act relating to protected
wildlife 33
50 Exemptions from offences in the Act for the purpose of
treating sick, injured or abandoned wildlife 36
51 Exemptions from offences relating to threatened and protected
wildlife for the Zoological Parks and Gardens Board 36
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52 Exemptions from offences relating to possessing threatened
and protected wildlife for the purposes of conveying and
transporting the wildlife 37
53 Exemptions from offences relating to possessing threatened
and protected wildlife for persons possessing cast, shed or
sloughed products of wildlife 38
54 Exemptions from import and export permit requirements in
the Act 38
PART 5—PRIVATE WILDLIFE LICENCES 39
55 Conditions of any Wildlife Basic Licence and any Wildlife
Advanced Licence 39
56 Conditions of any Wildlife Specimen Licence 40
57 Conditions of any Dingo Licence 41
PART 6—COMMERCIAL WILDLIFE LICENCES 44
Division 1—General 44
58 Conditions applying to all Commercial Wildlife Licences 44
59 Commercial Wildlife Licence to apply to single premises 44
60 Display of signs for certain Commercial Wildlife Licences 44
61 Employees of certain Commercial Wildlife Licence holders
must carry copy of licence 45
62 Specified premises 45
Division 2—Conditions of Wildlife Controller Licences 46
63 Conditions of any Wildlife Controller Licence 46
64 Conditions of a Wildlife Controller Licence which authorises
the taking of certain birds from the wild 47
Division 3—Conditions of Wildlife Dealer Licences 48
65 Conditions of any Wildlife Dealer Licence 48
Division 4—Conditions of Wildlife Demonstrator Licences 50
66 Conditions of any Wildlife Demonstrator Licence 50
Division 5—Conditions of Wildlife Displayer Licences 52
67 Conditions of any Wildlife Displayer Licence 52
Division 6—Conditions of Game Bird Farmer Licences, Wildlife
Processor Licences and Wildlife Farmer Licences 54
68 Condition of any Game Bird Farmer Licence, Wildlife
Processor Licence and Wildlife Farmer Licence 54
69 Conditions of any Game Bird Farmer Licence and Wildlife
Processor Licence 55
70 Conditions of any Game Bird Farmer Licence 55
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71 Conditions of any Wildlife Processor Licence 56
72 Conditions of any Wildlife Farmer Licence 56
Division 7—Conditions of Wildlife Taxidermist Licences 58
73 Conditions of any Wildlife Taxidermist Licence 58
PART 7—ROYALTIES 60
74 Royalties 60
__________________
SCHEDULES 61
SCHEDULE 1—Fees 61
SCHEDULE 2—Taxa of Wildlife that may be Held by Holders of
the Appropriate Licence for Private or Certain
Commercial Purposes 62
SCHEDULE 3—Taxa of Wildlife that may be Held by Holders of
the Appropriate Licence for Private or Certain
Commercial Purposes 69
SCHEDULE 4—Taxa of Wildlife that may be Held for Private
Purposes Without a Licence or for Commercial
Purposes by the Holder of an Appropriate Licence 73
SCHEDULE 5—Taxa of Wildlife that are Exempt from Requirement
to Hold a Licence in Certain Circumstances 76
SCHEDULE 6—Taxa of Wildlife that may be Controlled by the
Holder of an Appropriate Wildlife Controller's
Licence 78
SCHEDULE 7—Taxa of Wildlife that may be Held by the Holder of
a Wildlife Farmer Licence 79
═══════════════
ENDNOTES 80
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Authorised Version
1
STATUTORY RULES 2013
S.R. No. 64/2013
Wildlife Act 1975
Wildlife Regulations 2013
The Governor in Council makes the following Regulations:
Dated: 18 June 2013
Responsible Minister:
RYAN SMITH
Minister for Environment and Climate Change
MATTHEW McBEATH
Acting Clerk of the Executive Council
PART 1—PRELIMINARY
1 Objectives
The objectives of these Regulations are—
(a) to provide for the management and
conservation of wildlife and wildlife habitat;
and
(b) to provide for humane use of and access to
wildlife; and
(c) to make further provision in relation to the
licensing system established by section 22 of
the Wildlife Act 1975; and
(d) to prescribe fees, offences, royalties and
various other matters for the purposes of the
Wildlife Act 1975; and
(e) to provide for exemptions from certain
provisions of the Wildlife Act 1975.
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2 Authorising provision
These Regulations are made under section 87 of
the Wildlife Act 1975.
3 Commencement
These Regulations come into operation on 23 June
2013.
4 Revocation
The following Regulations are revoked—
(a) the Wildlife Regulations 2002 1 ;
(b) the Wildlife (Amendment) Regulations
20042 ;
(c) the Wildlife Amendment Regulations 20093 .
5 Definitions
In these Regulations—
commercial film includes, but is not limited to,
commercial films, theatrical productions,
television productions, and advertisements;
Commercial Wildlife Licence means any one of
the following licences⎯
(a) Wildlife Controller Licence;
(b) Wildlife Dealer Licence;
(c) Wildlife Demonstrator Licence;
(d) Wildlife Displayer Licence;
(e) Game Bird Farmer Licence;
(f) Wildlife Processor Licence;
(g) Wildlife Farmer Licence;
(h) Wildlife Taxidermist Licence;
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dangerous or venomous wildlife includes, but is
not limited to, elapid snakes whether or not
the individual specimen is capable of a
venomous bite;
dingo means Canis lupus dingo;
exempt person means a person who is, by the
operation of regulation 49, exempted from
section 47 of the Act;
Phillip Island Nature Park has the same meaning
as in the Crown Land (Reserves) (Phillip
Island Nature Park) Regulations 2010, made
under section 13 of the Crown Land
(Reserves) Act 1978;
Private Wildlife Licence means any one of the
following licences—
(a) Wildlife Basic Licence;
(b) Wildlife Advanced Licence;
(c) Wildlife Specimen Licence;
(d) Dingo Licence;
registered veterinary practitioner has the same
meaning as in the Veterinary Practice Act
1997;
take includes to gain possession or control of
wildlife by any means and also includes
causing, permitting or assisting in taking
wildlife;
the Act means the Wildlife Act 1975;
trap includes a trap, net, snare, pitfall or any other
device used for, or capable of being used for,
taking wildlife.
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PART 2—GENERAL
Division 1—Licences
6 Prescribed categories of wildlife licences for the
purposes of section 22
For the purposes of section 22 of the Act, the
prescribed categories of wildlife licences are—
(a) Wildlife Basic Licence;
(b) Wildlife Advanced Licence;
(c) Wildlife Specimen Licence;
(d) Dingo Licence;
(e) Wildlife Controller Licence;
(f) Wildlife Dealer Licence;
(g) Wildlife Demonstrator Licence;
(h) Wildlife Displayer Licence;
(i) Game Bird Farmer Licence;
(j) Wildlife Processor Licence;
(k) Wildlife Farmer Licence;
(l) Wildlife Taxidermist Licence.
7 Wildlife Basic Licence
A Wildlife Basic Licence authorises the licence
holder to possess, keep, breed, buy, sell and
dispose of any wildlife listed in Schedules 2 and 7
and specified in the licence for non-commercial
purposes.
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8 Wildlife Advanced Licence
A Wildlife Advanced Licence authorises the
licence holder to possess, keep, breed, buy, sell
and dispose of any wildlife listed in Schedules 2,
3 and 7 and specified in the licence for non-
commercial purposes.
9 Wildlife Specimen Licence
A Wildlife Specimen Licence authorises the
licence holder to possess, keep, buy, sell and
dispose of prepared or mounted specimens of any
dead wildlife specified in the licence for non-
commercial purposes.
10 Dingo Licence
A Dingo Licence authorises the licence holder
to—
(a) possess, keep, breed, buy, sell and dispose of
any dingo specified in the licence for non-
commercial purposes; and
(b) possess any dingo at other sites for the
non-commercial purposes of exercising,
obedience training, education, or display at
shows conducted by a canine association.
11 Wildlife Controller Licence
A Wildlife Controller Licence authorises the
licence holder to take any wildlife listed in
Schedule 6 and specified in the licence from the
wild and to destroy, dispose of or sell the wildlife,
in circumstances where the wildlife is damaging
property or is a danger to persons.
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12 Wildlife Dealer Licence
A Wildlife Dealer Licence authorises the licence
holder to—
(a) possess, keep, breed, buy, sell and dispose of
any living wildlife listed in Schedule 2,
Part A of Schedule 3 and Schedules 4 and 7
and specified in the licence, for the
commercial purpose of dealing in wildlife;
and
(b) dispose of dead wildlife listed in
Schedules 2, Part A of Schedule 3 and
Schedules 4 and 7 and specified in the
licence.
13 Wildlife Demonstrator Licence
A Wildlife Demonstrator Licence authorises the
licence holder to—
(a) possess and display any taxon of wildlife
listed in Schedule 2, 3 or 4 and specified in
the licence to the public in travelling displays
or demonstrations or other temporary
displays or demonstrations at any location
within Victoria, for the purpose of promoting
an understanding of the ecology and
conservation of wildlife;
(b) possess, keep, breed, buy, sell or dispose of
wildlife listed in Schedule 2, 3 or 4 and
specified in the licence at the premises
specified in the licence for the purpose of
promoting an understanding of the ecology
and conservation of wildlife;
(c) possess, keep, breed, buy, sell or dispose of
any taxon of wildlife listed in Schedule 2, 3
or 4 and specified in the licence at the
premises specified in the licence, for the
purpose of providing the wildlife for use in
commercial films;
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(d) possess, keep, breed, buy, sell, display or
dispose of any taxon of wildlife, except that
listed in Schedule 2, 3 or 4 and specified in
the licence.
14 Wildlife Displayer Licence
A Wildlife Displayer Licence authorises the
licence holder to—
(a) possess and display any taxon of wildlife
specified in the licence for the purpose of
promoting the conservation of or providing
education about wildlife—
(i) in permanent and fixed facilities at the
premises specified in the licence
where—
(A) the enclosure is an integral part of
the display; and
(B) the display of wildlife has a clear
conservation theme and is
designed to present information on
the ecological role of the wildlife
being displayed; and
(ii) at other sites in Victoria not specified in
the licence; and
(b) possess, keep, breed, sell, buy or dispose of
any taxon of wildlife specified in the licence
for the purpose of providing wildlife for use
in commercial films; and
(c) possess, keep, breed, sell, buy or dispose of
any taxon of wildlife specified in the licence
on the premises specified in the licence for
the purpose of promoting the conservation of
or providing education about wildlife.
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15 Game Bird Farmer Licence
A Game Bird Farmer Licence authorises the
licence holder to possess, keep, breed, buy, sell,
destroy and dispose of any birds that are of a
taxon of wildlife listed in Part A of Schedule 5
and specified in the licence and that have been
bred in captivity for the purpose of hunting.
16 Wildlife Processor Licence
A Wildlife Processor Licence authorises the
licence holder to possess, keep, buy, sell, process
and dispose of dead wildlife for the purpose of
providing wildlife products for sale, if the wildlife
is of—
(a) any taxa listed in Part B of Schedule 5 and
specified in the licence that has been
obtained from a source approved in writing
for the purpose by the Secretary; or
(b) any taxa listed in Schedule 7 and specified in
the licence that has been obtained from the
holder of a Wildlife Processor Licence.
17 Wildlife Farmer Licence
A Wildlife Farmer Licence authorises the licence
holder, for the purpose of farming wildlife to—
(a) possess, keep, breed, buy, sell, display,
destroy, process and dispose of any wildlife
that is of the taxa listed in Schedule 7 and
specified in the licence and that has been
bred in captivity or obtained from a source
approved in writing by the Secretary; and
(b) dispose of infertile eggs of any wildlife that
is of the taxa listed in Schedule 7 and
specified in the licence to any person; and
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(c) possess and display any wildlife that is of the
taxa listed in Schedule 7 and specified in the
licence at sites other than the premises
specified in the licence.
18 Wildlife Taxidermist Licence
A Wildlife Taxidermist Licence authorises the
licence holder to—
(a) possess, keep, buy, sell, process and dispose
of wildlife—
(i) that is of the taxa listed in Schedules 2,
3 and 4, or of the taxa listed in
Schedule 7 and specified in the licence
that are obtained from the holder of a
Wildlife Farmer Licence for the
purpose of preserving, preparing and
mounting, and restoring, parts or
complete specimens of dead wildlife; or
(ii) approved in writing by the Secretary for
the purpose of preserving, preparing
and mounting, and restoring, parts or
complete specimens of dead wildlife;
and
(b) keep, possess or dispose of wildlife—
(i) that is of the taxa listed in Schedules 2,
3 and 4 and specified in the licence for
the purpose of providing parts or
complete specimens of dead wildlife
for use in commercial films; or
(ii) of the taxa listed in Schedule 7 and
specified in the licence that are
obtained from the holder of a Wildlife
Farmer Licence or approved in writing
by the Secretary for the purpose of
providing parts or complete specimens
of dead wildlife for use in commercial
films.
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19 Licence fees
(1) For the purposes of section 22(4) of the Act, the
prescribed annual fee for a category of wildlife
licence listed in Column 2 of Schedule 1 is the fee
listed opposite the category of licence in
Column 3 of Schedule 1.
(2) If a licence is issued for less than 12 months, the
prescribed fee for a category of wildlife licence
listed in Column 2 of Schedule 1 is the fee listed
opposite the category of licence in Column 3 of
Schedule 1 divided by 12 and multiplied by the
number of months for which the licence is issued.
(3) If a licence is issued for—
(a) more than 12 months, but less than
18 months, the prescribed fee for a category
of wildlife licence listed in Column 2 of
Schedule 1 is the fee listed opposite the
category of licence in Column 3 of
Schedule 1 divided by 12 and multiplied by
the number of months for which the licence
is issued; or
(b) more than 18 months, the prescribed fee for a
category of wildlife licence set out in
Column 2 in Schedule 1 is the fee set out in
Column 3 in Schedule 1 divided by 15 and
multiplied by the number of months the
licence will remain valid.
(4) The prescribed fee for an application for the
replacement of a lost or damaged licence is 1 fee
unit.
(5) The prescribed fee for an application for the
variation of a licence is 2 fee units.
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(6) If the Secretary is satisfied that an applicant for a
licence is an eligible recipient within the meaning
of the State Concessions Act 2004, the prescribed
fee to be paid for a wildlife licence is half the
amount payable under this regulation.
20 Application for a wildlife licence
(1) An application for the issue or variation of a
wildlife licence must—
(a) be in a form approved by the Secretary; and
(b) contain the following information together
with any other information required by the
Secretary—
(i) in the case of a person who is less than
18 years of age and who applies for a
Wildlife Basic Licence or a Wildlife
Advanced Licence, the written and
signed consent of that person's parent or
legal guardian;
(ii) in the case of a person who is less than
18 years of age and who applies for a
Wildlife Advanced Licence in respect
to the possession of the venomous
snakes listed in Part B of Schedule 3,
documentation that demonstrates that
the applicant understands the handling
of those venomous snakes;
(iii) in the case of a person who applies for
a Dingo Licence, evidence that the
person is over 18 years of age;
(iv) details of any findings of guilt for
offences under the Act or the
Prevention of Cruelty to Animals
Act 1986 or a corresponding law of
another State or Territory or of the
Commonwealth with respect to wildlife
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during the 10 years preceding the
application;
(v) in the case of a person who is not a
natural person, the name, residential
address, telephone number and date of
birth of the natural person who will be
responsible for managing the premises
to which the licence application relates;
(vi) the following details of any person who
is currently employed by the holder of a
Commercial Wildlife Licence to work
at the premises to which that licence
relates—
(A) the name, sex, date of birth,
contact telephone number and
residential address of the person
employed; and
(B) the capacity in which the person is
employed; and
(C) the date on which the person
commenced employment with the
licence holder.
(2) For the purposes of subregulation (1)(b), the
Secretary may require the following
information—
(a) a plan of the area applied for showing all
buildings, fences, yards, shelters, watering
and feeding facilities;
(b) enclosure design and specifications,
materials to be used in construction of
facilities, enclosure layout, holding pens,
shelters, watering and feeding facilities and
any other relevant matter;
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(c) in the case of the holder of a Wildlife
Demonstrator Licence or Wildlife Displayer
Licence, the design, specifications and
materials to be used in the construction of a
pit for displaying or demonstrating
dangerous or venomous wildlife during
travelling displays or demonstrations that it
is an open topped enclosure designed,
constructed and maintained to—
(i) allow the safe display or demonstration
of dangerous or venomous wildlife
from within the enclosure by the holder
of that licence; and
(ii) prevent the escape of any dangerous or
venomous wildlife from within the
enclosure; and
(iii) ensure the walls of the enclosure are a
minimum height of 1⋅1 metres; and
(iv) ensure the walls of the enclosure are
constructed from solid and sturdy
materials with no gaps or holes that
may allow a person outside the
enclosure to protrude any part of their
body through the walls.
21 Notification of change of natural person responsible
for managing premises specified in licence
(1) A licence holder that is not a natural person must
notify the Secretary in writing within 10 business
days of a change of the natural person responsible
for managing the premises specified in the
licence.
Penalty: 10 penalty units.
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(2) A notification under subregulation (1) must
include the name, residential address, telephone
number and date of birth of the natural person
who is responsible for managing the premises
specified in the licence.
22 Advertisement to include licence number
The holder of a wildlife licence must not advertise
wildlife for sale unless the advertisement states
the wildlife licence number that authorises the
sale.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
23 Employees of Commercial Wildlife Licence holders
(1) Within 10 business days of the holder of a
Commercial Wildlife Licence employing any
person to work at the premises to which that
licence relates, the holder of the Commercial
Wildlife Licence must notify the Secretary in
writing of the following detail—
(a) the name, sex, date of birth, contact
telephone number and residential address of
the person employed; and
(b) the capacity in which the person is
employed; and
(c) the date on which the person commenced
employment with the licence holder.
Penalty: In the case of a natural person,
5 penalty units;
In the case of a body corporate,
10 penalty units.
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(2) If a person ceases to be an employee of the holder
of a Commercial Wildlife Licence, the licence
holder must notify the Secretary in writing within
10 business days after the person so ceases.
Penalty: In the case of a natural person,
5 penalty units;
In the case of a body corporate,
10 penalty units.
Division 2—Forms, Permits and Authorisations
24 Application for authorisation under section 28A
For the purposes of section 28A of the Act, an
application for an authorisation must be in a form
approved by the Secretary.
25 Application for import and export permits
(1) For the purposes of section 50(3) of the Act, an
application for a permit under section 50 of the
Act must be in a form approved by the Secretary.
(2) Within 10 business days of the day of expiry of a
permit issued under section 50 of the Act, the
holder of the permit must notify the Secretary of
the outcome of the transaction to import or export
wildlife to which the permit relates in a form
approved by the Secretary.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
26 Location of forms
If the Secretary approves a form under these
Regulations, the Secretary must cause a copy of
that form to be available on the Department's
website.
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Division 3—Record keeping requirements
27 Record books
(1) All record books and return forms supplied by the
Secretary remain the property of the Secretary.
(2) The holder of a wildlife licence must maintain
permanent and legible entries of all transactions
made by the holder of a wildlife licence in the
record book supplied by the Secretary.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
(3) The holder of a wildlife licence must make each
entry in the record book by the close of the same
business day after any occurrence of an event that
is required by the Secretary to be entered in the
record book.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
(4) The holder of a Wildlife Demonstrator Licence
must maintain a bound book which records the
date, time and venue of all demonstrations
conducted by the holder of the Wildlife
Demonstrator Licence.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
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28 Return forms
(1) The holder of a wildlife licence must ensure that
return forms are completed legibly and
permanently using a return form supplied by the
Secretary.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
(2) The holder of a wildlife licence must provide the
Secretary with a return form at the time specified
in the licence.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
(3) The holder of a wildlife licence must ensure that a
legible copy of each return form is kept by the
licence holder.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
29 Inspections of record books and return forms
The holder of a wildlife licence must produce all
or any record books or copies of return forms for
inspection when requested by an authorised
officer.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
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30 Fees for lost or damaged record book
If a record book has been lost or damaged, the
holder of a wildlife licence must pay a maximum
fee of 1 fee unit for each replacement record book.
31 Storage of record books and return forms
The holder of a wildlife licence must ensure that
the record book and copies of return forms are
kept in a safe and secure place at the premises
specified in the licence.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
32 Return of record books and return forms
(1) Within 10 business days of a person ceasing to
hold a wildlife licence, the person must return all
record books and copies of return forms to the
Secretary.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
(2) The holder of a wildlife licence must surrender to
the Secretary all record books or return forms at
the written direction of the Secretary within the
time specified in that direction.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
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33 Theft, loss and damage
(1) The holder of a wildlife licence must—
(a) report any theft of wildlife relating to the
licence to a member of the police force
within 2 business days of the licence holder
becoming aware of the theft; and
(b) record the theft in the record book; and
(c) retain a copy of the police report.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
(2) The holder of a wildlife licence must notify the
Secretary of the theft or loss of any wildlife in a
form approved by the Secretary within 2 business
days of becoming aware of the theft or loss.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
(3) The holder of a wildlife licence must produce a
copy of the police report referred to in
subregulation (1) upon request by an authorised
officer.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
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(4) The holder of a wildlife licence must notify the
Secretary of the theft, loss of or damage to any
record book or return form, or copy of a return
form in a form approved by the Secretary within
2 business days upon becoming aware of the theft,
loss or damage.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
(5) The holder of a wildlife licence must not tamper
with, or permit to be tampered with, any entry in a
record book or return form.
Penalty: 50 penalty units.
(6) The holder of a wildlife licence must not be in
possession or control of a record book, return
form or copy of a return form that has been
tampered with.
Penalty: 50 penalty units.
(7) For the purpose of subregulations (5) and (6),
tamper includes to damage, destroy, deface, erase,
delete or remove.
(8) The holder of a Dingo Licence must, in the event
of the escape of any dingoes, notify the Secretary
of the escape and the micro-chip of each escaped
dingo, within 2 business days of becoming aware
of the escape.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
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34 Electronic recording of information
(1) Where these Regulations require a person to
record or keep information for any purpose, the
Secretary may require the information to be
recorded or kept in an electronic form.
(2) Where these Regulations require a person to
provide or submit information for any purpose,
the Secretary may require the information to be
provided or submitted to the Secretary by means
of an electronic communication.
(3) Where the Secretary has issued a requirement
under this regulation, a reference in these
Regulations to a record book, return form,
notification or application includes a reference to
the record book, return form, notification or
application in that electronic form.
35 Approvals by the Secretary
(1) The Secretary may approve any form for the
purposes of these Regulations.
(2) A form approved by the Secretary may require or
permit the form to be given on a specified kind of
data processing device or by specified electronic
transmission, in accordance with specified
software or other requirements.
(3) A form approved by the Secretary may include a
form of record book, return form, application or
notification.
(4) The Secretary may approve a source of wildlife
for the purposes of these Regulations.
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Division 4—Miscellaneous
36 Notification of change of name or address
The holder of a wildlife licence, permit or
authority issued under the Act must notify the
Secretary within 10 business days of any change
of name or address provided to the Secretary in
relation to the licence, permit or authority.
Penalty: In the case of a natural person,
5 penalty units;
In the case of a body corporate,
10 penalty units.
37 Marking of individual wildlife
(1) The Secretary may direct, in writing, the holder of
a wildlife licence to mark wildlife in that licence
holder's possession—
(a) if the wildlife is diseased; or
(b) if the Secretary believes, on reasonable
grounds, that the wildlife is held or was held,
acquired or disposed of in contravention of
the Act or a corresponding law of another
State or of a Territory of the Commonwealth
with respect to wildlife; or
(c) for any other reason as determined by the
Secretary.
(2) A direction under subregulation (1) may specify—
(a) the type of mark to be used;
(b) method of marking to be used;
(c) whether the mark is to be permanent or the
duration of time for which the wildlife must
remain marked.
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(3) A person who has been directed to mark wildlife
under this regulation must comply with the
direction.
Penalty: 50 penalty units.
38 Prescribed poisons under section 54
For the purposes of section 54 of the Act, the
following substances are prescribed—
(a) any poison or controlled substance within the
meaning of the Drugs, Poisons and
Controlled Substances Act 1981; or
(b) any agricultural chemical product within the
meaning of the Agricultural and Veterinary
Chemicals Code Act 1994 of the
Commonwealth.
39 Wildlife to be bought, sold or disposed of only at
specified premises
The holder of a wildlife licence must not buy, sell
or enter into a transaction to dispose of wildlife
unless—
(a) the transaction occurs at the premises
specified in the wildlife licence of one of the
parties to the transaction; or
(b) the transaction and the place of the
transaction have been specifically approved
in writing by the Secretary; or
(c) the transaction is with an exempt person.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
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40 Prescribed area of public land
For the purposes of section 48A(1)(c) of the Act,
Phillip Island Nature Park is a prescribed area of
public land.
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PART 3—PROTECTION OF WILDLIFE
41 Taking of wildlife
(1) A person other than a person referred to in
subregulation (6) must not use a trap, bait, lure,
poison, decoy, or live animal to attract wildlife for
the purpose of taking that wildlife unless the
person is licensed or authorised to do so under the
Act.
Penalty: 50 penalty units.
(2) A person must not use a firearm from an aircraft,
motor vehicle, boat or any other vehicle to take
wildlife unless the person is licensed or authorised
to do so under the Act.
Penalty: 50 penalty units.
(3) A person must not use an aircraft, motor vehicle,
boat, or any other vehicle to pursue, chase, or
harass wildlife unless the person is licensed or
authorised to do so under the Act.
Penalty: 50 penalty units.
(4) A person must not use an artificial light, electronic
device, or recorded sound to hunt or take wildlife,
unless the person is licensed or authorised to do so
under the Act.
Penalty: 50 penalty units.
(5) A person must not use a gun, bow or other
weapon, for the purpose of taking wildlife, unless
the person is licensed or authorised to do so under
the Act.
Penalty: 50 penalty units.
(6) A person does not commit an offence under
subregulation (1) in circumstances where the
person is attempting to capture any wildlife of the
taxa listed in Part A or Part C of Schedule 5 or
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Schedule 7 which was legally in the possession of
the person and which has escaped.
(7) In this regulation, wildlife does not include game.
42 Person not to damage, disturb or destroy any
wildlife habitat
(1) A person other than a person referred to in
subregulation (2) must not damage, disturb or
destroy any wildlife habitat.
Penalty: 50 penalty units.
(2) A person does not commit an offence under
subregulation (1) if the person is—
(a) authorised to damage, disturb or destroy
wildlife habitat under any Act; or
(b) the holder of a licence granted under the
Forests Act 1958 to harvest timber or other
forest produce; or
(c) undertaking timber harvesting operations
that are authorised operations referred to in
section 45(2)(a) and (b)(i) of the Sustainable
Forests (Timber) Act 2004.
(3) In this regulation, disturb in relation to wildlife
habitat includes but is not limited to the removal
or relocation of wildlife habitat or a part of
wildlife habitat.
43 Housing wildlife
(1) A person other than a person referred to in
subregulation (3) who possesses living wildlife
must keep the wildlife in cages or enclosures
that—
(a) are designed, constructed and maintained to
provide for the adequate shelter for the
wildlife; and
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(b) prevent the escape or injury of the wildlife;
and
(c) protect the wildlife from predators; and
(d) resist access by persons not authorised by the
person who possesses the wildlife; and
(e) provide for the good health and welfare of
the animal in accordance with any applicable
code of practice made under the Prevention
of Cruelty to Animals Act 1986 or the
Domestic Animals Act 1994.
Penalty: 50 penalty units.
(2) If a cage or enclosure is not designed, constructed
and maintained to comply with subregulation (1),
the Secretary may direct in writing that the person
possessing the wildlife make specific changes or
alterations to the enclosure within the period
specified in the direction.
(3) A person does not commit an offence under
subregulation (1) if the person has obtained prior
written approval of the Secretary under
subregulation (4) and is acting in accordance with
that approval.
(4) The Secretary may—
(a) give written approval for a person to keep
wildlife in an enclosure which does not
comply with any or all of the requirements of
subregulation (1); and
(b) impose conditions on an approval given
under paragraph (a).
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44 Transport of wildlife
(1) A person other than a person referred to in
subregulation (4) who consigns or transports
wildlife must ensure that any container used to
consign or transport the wildlife is designed,
constructed and maintained to—
(a) withstand transportation; and
(b) prevent the escape or injury of the wildlife
contained within; and
(c) protect against predators; and
(d) resist interference; and
(e) provide for the good health and welfare of
the animal during transport in accordance
with any applicable code of practice made
under the Prevention of Cruelty to Animals
Act 1986 or the Domestic Animals Act
1994.
Penalty: 50 penalty units.
(2) A person other than a person referred to in
subregulation (4) who consigns a specimen of
wildlife for transport must ensure that the
container in which the specimen is placed has
securely attached to it a label clearly displaying
the following information—
(a) the person's name and address and wildlife
licence number (if any); and
(b) the name and address and wildlife licence
number (if any) of the person to whom the
specimen is being consigned; and
(c) the common name (where provided in the
relevant Schedule to these Regulations, if
any) of the taxon of the specimen that is
being consigned; and
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(d) the number of specimens of each taxon of
wildlife in the container in which the
specimen is placed.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
(3) A person other than a person referred to in
subregulation (4) who transports a specimen of
wildlife must ensure that the container in which
the specimen is placed has securely attached to it a
label clearly displaying information that the
person reasonably believes is the following
information⎯
(a) the name and address and wildlife licence
number (if any) of the owner of the
specimen; and
(b) the name and address and wildlife licence
number (if any) of the person to whom the
specimen is being consigned; and
(c) the common name (where provided in the
relevant Schedule to these Regulations, if
any) of the taxon of the specimen that is
being consigned; and
(d) the number of specimens of each taxon of
wildlife in the container or receptacle in
which the specimen is placed.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
30 penalty units.
(4) A person does not commit an offence under this
regulation if the person possesses sick, injured or
abandoned wildlife for the purpose of transporting
the wildlife to a registered veterinary practitioner
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or the holder of an authorisation under section
28A(1)(f) of the Act.
45 Wildlife that is not self-sufficient
(1) A person other than a person referred to in
subregulation (2) must not, without the prior
written approval of the Secretary buy, sell, dispose
of, consign, or transport any wildlife that—
(a) if a flighted bird, is too young to fly, or if a
flightless bird, is less than 4 weeks old; or
(b) if a mammal, is not fully weaned; or
(c) is obviously diseased, sick or injured; or
(d) is an egg.
Penalty: 50 penalty units.
(2) A person does not commit an offence under
subregulation (1) if the person—
(a) possesses sick, injured or abandoned wildlife
for the purpose of transporting the wildlife to
a registered veterinary practitioner or to the
holder of an authorisation under section
28A(1)(f) of the Act; or
(b) is buying, selling, disposing of, consigning,
conveying or transporting the eggs of any
taxon of wildlife listed in Part A of
Schedule 5; or
(c) is buying, selling, disposing of, consigning,
conveying or transporting any wildlife listed
in Part C of Schedule 5 that is not fully
weaned if that wildlife is being bought, sold,
disposed of, consigned or transported with
its mother; or
(d) is the holder of a Wildlife Farmer Licence
who is buying, selling, disposing of,
consigning, conveying or transporting the
eggs of any wildlife listed in Schedule 7.
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46 Inter-breeding of wildlife
(1) A person must not, without the prior written
approval of the Secretary—
(a) permit different taxa of wildlife to inter-
breed unless those taxa of wildlife are known
to inter-breed in the wild;
(b) permit taxa of wildlife to inter-breed with
another taxa of animal that is not wildlife;
Example
A dingo may not be bred with a dog (Canis lupis
familiaris) or dingo-dog hybrid.
(c) sell or dispose of cross-breeds of wildlife
unless those cross-breeds are known to occur
in the wild.
Penalty: 50 penalty units.
(2) Subregulation (1) does not apply to a person who
inter-breeds the taxa of wildlife listed in Parts A
and C of Schedule 5 with other taxa of wildlife
listed in Parts A and C of Schedule 5 and who
sells or disposes of the resultant cross-breeds.
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PART 4—EXEMPTIONS
47 Exemptions for registered veterinary practitioners
from offences in the Act relating to the destruction
of wildlife
A registered veterinary practitioner who destroys
wildlife in accordance with the Prevention of
Cruelty to Animals Act 1986 is exempt from the
operation of sections 41, 43 and 44 of the Act, to
the extent that those sections relate to the
destruction of wildlife.
48 Exemptions from offences in the Act relating to the
destruction of protected wildlife
(1) A person who is a licensee, manager or operator
of, or is employed in a licensed meat processing
facility under the Meat Industry Act 1993 is
exempt from the operation of section 43 of the Act
to the extent that section 43 relates to the
destruction of protected wildlife in the
circumstances set out in subregulation (2).
(2) For the purposes of subregulation (1), the
circumstances are that the wildlife is listed in Part
A or Part C of Schedule 5 or in Schedule 7 and—
(a) the person destroys wildlife in a licensed
meat processing facility under the Meat
Industry Act 1993; and
(b) the wildlife has been bred in captivity; or
(c) is from a source approved by the Secretary.
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49 Exemptions from offences in the Act relating to
protected wildlife
(1) A person who keeps, possesses, buys, sells,
acquires, receives, displays or disposes of—
(a) wildlife listed in Part A of Schedule 4; or
(b) infertile eggs of wildlife listed in
Schedule 7—
is exempt from the operation of sections 45 and 47
of the Act, to the extent that sections 45 and 47
relate to the keeping, possessing, buying, selling,
acquiring, receiving, displaying or disposing of
that wildlife by the person in the circumstances set
out in subregulation (2).
(2) For the purposes of subregulation (1), the
circumstances are that the keeping, possessing,
buying, selling, acquiring, receiving, displaying or
disposing of that wildlife is not for the purposes of
hunting and the wildlife—
(a) has been bred in captivity; or
(b) is from a source approved by the Secretary.
(3) A person who breeds—
(a) wildlife listed in Part A of Schedule 4; or
(b) infertile eggs of wildlife listed in
Schedule 7—
is exempt from the operation of sections 45 and 47
of the Act, to the extent that sections 45 and 47
relate to the breeding of that wildlife by the person
in the circumstances set out in subregulation (4).
(4) For the purposes of subregulation (3), the
circumstances are that the breeding of the wildlife
is not for the purposes of hunting, and the wildlife
is bred from specimens that—
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(a) have been bred in captivity; or
(b) are from a source approved by the Secretary.
(5) A person who keeps or possesses wildlife listed in
Part B of Schedule 4 is exempt from the operation
of section 47 of the Act, to the extent that
section 47 relates to the keeping or possessing of
that wildlife by the person, if the wildlife has been
bred in captivity or is from a source approved by
the Secretary.
(6) A person who breeds wildlife listed in Part B of
Schedule 4 is exempt from the operation of
section 47 of the Act, to the extent that section 47
relates to the breeding of that wildlife by the
person, if the wildlife is bred from specimens that
have been bred in captivity or that are from a
source approved by the Secretary.
(7) A person who buys, acquires, sells or disposes of
wildlife listed in Part B of Schedule 4 for non-
commercial purposes and does not sell the wildlife
from a shop or business premises is exempt from
the operation of section 47 of the Act, to the
extent that section 47 relates to the buying,
acquiring, selling or disposing of that wildlife by
the person, if the wildlife has been bred in
captivity or is from a source approved by the
Secretary.
(8) A person who sells or disposes of wildlife listed in
Part B of Schedule 4 is exempt from the operation
of section 47 of the Act, to the extent that
section 47 relates to the sale or disposal of that
wildlife if⎯
(a) the wildlife is sold to the holder of a Wildlife
Dealer Licence; and
(b) the person selling the wildlife has been
provided by the person acquiring the wildlife
with evidence of the acquirer's identity and
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of the acquirer's Wildlife Dealer Licence;
and
(c) the wildlife has been bred in captivity; or
(d) is from a source approved by the Secretary.
(9) A person who acquires, receives, possesses, buys,
sells, displays, disposes of or processes (other than
for the purposes of taxidermy) wildlife listed in
Part A or Part C of Schedule 5 is exempt from the
operation of section 47 of the Act, to the extent
that section 47 relates to the acquiring, receiving,
possessing, buying, selling, displaying, disposing
of or processing (other than for the purposes of
taxidermy) of that wildlife by the person, if the
wildlife has been bred in captivity or is from a
source approved by the Secretary.
(10) A person who breeds (other than for the purposes
of taxidermy) wildlife listed in Part A or Part C of
Schedule 5 is exempt from the operation of
section 47 of the Act, to the extent that section 47
relates to the breeding (other than for the purposes
of taxidermy) of that wildlife by the person, if the
wildlife is bred from specimens that have been
bred in captivity or that are from a source
approved by the Secretary.
(11) A person who possesses, buys or sells—
(a) parts of wildlife listed in Part B of
Schedule 5 in any form; or
(b) the shells of the eggs of emus (Dromaius
novaehollandiae)⎯
that have been processed (but not taxidermied) in
accordance with the Act or the corresponding law
of another State or a Territory of the
Commonwealth is exempt from the operation of
section 47 of the Act, to the extent that section 47
relates to the possessing, buying or selling of that
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wildlife by the person if that wildlife has, or the
shells of the eggs are from emus that have, been
bred in captivity or are from a source approved by
the Secretary.
50 Exemptions from offences in the Act for the purpose
of treating sick, injured or abandoned wildlife
(1) A person who temporarily possesses a specimen
of sick, injured or abandoned wildlife for the
purpose of transporting it to—
(a) a registered veterinary practitioner; or
(b) a person who is the holder of an
authorisation under section 28A(1)(f) of the
Act—
is exempt from the operation of sections 45 and 47
of the Act to the extent that sections 45 and 47
relate to the possession of that wildlife for that
purpose.
(2) A registered veterinary practitioner who
temporarily possesses sick, injured or abandoned
wildlife for the purpose of administering
veterinary treatment to the wildlife is exempt from
the operation of sections 45 and 47 of the Act, to
the extent that sections 45 and 47 relate to the
possession of that wildlife for that purpose by the
practitioner.
51 Exemptions from offences relating to threatened
and protected wildlife for the Zoological Parks and
Gardens Board
The Zoological Parks and Gardens Board
established under the Zoological Parks and
Gardens Act 1995 is exempt from the operation
of sections 45 and 47 of the Act.
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52 Exemptions from offences relating to possessing
threatened and protected wildlife for the purposes
of conveying and transporting the wildlife
(1) A person who possesses wildlife for the purposes
of transporting it on behalf of, or at the request of,
a holder of a wildlife licence is exempt from the
operation of sections 45 and 47, to the extent that
sections 45 and 47 relate to the possession of
wildlife, in the circumstances set out in
subregulation (2).
(2) For the purposes of subregulation (1), the
circumstances are that the person has a letter of
authorisation or delivery docket that has been
provided by the licence holder which the person
reasonably believes states—
(a) the name and address and wildlife licence
number (if any) of the owner of the wildlife;
and
(b) the name and address and wildlife licence
number (if any) of the person to whom the
wildlife is being consigned; and
(c) the common name (where provided in the
relevant Schedule to these Regulations, if
any) of each taxon of wildlife that is being
consigned; and
(d) the number of specimens of each taxon of
wildlife being conveyed or transported; and
(e) the date on which the wildlife is being
conveyed or transported.
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53 Exemptions from offences relating to possessing
threatened and protected wildlife for persons
possessing cast, shed or sloughed products of
wildlife
A person who possesses cast or shed wildlife
feathers, sloughed skins of reptiles or cast antlers
of deer is exempt from the operation of
sections 45 and 47 of the Act to the extent that
sections 45 and 47 relate to the possession of that
product by the person.
54 Exemptions from import and export permit
requirements in the Act
For the purposes of section 50(1A) of the Act, the
following wildlife and wildlife products are
prescribed—
(a) wildlife listed in Part A of Schedule 4; and
(b) cast or shed wildlife feathers, sloughed skins
of reptiles or cast antlers of deer; and
(c) any of the following that have been
processed (but not taxidermied) in
accordance with the Act or with a
corresponding law of another State or of a
Territory of the Commonwealth—
(i) parts of wildlife listed in Part B of
Schedule 5 in any form;
(ii) the shells of eggs of emus (Dromaius
novaehollandiae);
(iii) dead game that has been obtained in a
legal manner from a legal source.
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PART 5—PRIVATE WILDLIFE LICENCES
55 Conditions of any Wildlife Basic Licence and any
Wildlife Advanced Licence
It is a condition of any Wildlife Basic Licence and
of any Wildlife Advanced Licence that the licence
holder must not—
(a) sell or dispose of any wildlife which the
licence holder bought or acquired that has
not been in the possession of the licence
holder for at least six months, without the
prior written approval of the Secretary; or
(b) sell or dispose of wildlife from a shop or
business premises; or
(c) sell or dispose of wildlife for commercial
purposes from the premises specified on the
licence; or
(d) buy or acquire wildlife from a person unless
that person—
(i) holds a wildlife licence that authorises
that person to sell or dispose of that
wildlife; or
(ii) is an exempt person for the purposes of
selling or disposing of any such
wildlife; or
(iii) has obtained the prior written approval
of the Secretary; or
(e) sell or dispose of wildlife to a person unless
that person—
(i) holds a wildlife licence that authorises
that person to buy or acquire that
wildlife; or
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(ii) is an exempt person for the purposes of
selling or disposing of any such
wildlife; or
(iii) has obtained the prior written approval
of the Secretary; or
(f) in the case of wildlife listed in Schedule 7,
sell or dispose of that wildlife to any person
unless that person—
(i) is the holder of a Wildlife Basic
Licence; or
(ii) is the holder of a Wildlife Advanced
Licence; or
(iii) has obtained the prior written approval
of the Secretary; or
(g) possess or keep more than 10 specimens of
wildlife listed in Schedule 7, other than
specimens of those wildlife that are less than
four weeks old or the eggs of those wildlife.
56 Conditions of any Wildlife Specimen Licence
It is a condition of any Wildlife Specimen Licence
that the licence holder must not enter into a
transaction with a person to buy, acquire, sell or
dispose of wildlife unless the person—
(a) holds a wildlife licence that authorises that
person to buy, acquire, sell or dispose of that
wildlife; or
(b) is an exempt person for the purposes of
buying, acquiring, selling or disposing of
such wildlife; or
(c) has obtained the prior written approval of the
Secretary.
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57 Conditions of any Dingo Licence
(1) It is a condition of any Dingo Licence that the
licence holder must not—
(a) sell or dispose of any dingo from a shop or
business premises; or
(b) sell or dispose of any dingo for commercial
purposes from the premises specified on the
licence; or
(c) buy, acquire, sell or dispose of any dingo
from a person unless that person—
(i) is the holder of a Dingo Licence that
authorises that person to buy, acquire,
sell or dispose of that dingo; or
(ii) is the holder of a Wildlife Displayer
Licence; or
(iii) has obtained the prior written approval
of the Secretary; or
(d) sell, lend, trade, consign or dispose of any
dingo pups less than seven weeks of age.
(2) It is a condition of any Dingo Licence that the
licence holder must—
(a) not keep dingoes at an address not specified
in the licence, other than—
(i) for the purposes of exercising or
obedience training; or
(ii) for educational purposes; or
(iii) for the purposes of displaying dingoes
at a show conducted by a canine
association; or
(iv) for any other purpose as approved by
the Secretary;
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(b) only keep dingoes in permanent and fixed
enclosures that are—
(i) child-proof; and
(ii) of sufficiently secure design and
construction to prevent escape of
dingoes and prevent unauthorised
access to dingoes;
(c) ensure the dingo enclosures are constructed
prior to application for the Dingo Licence
and the acquiring of dingoes under the
licence;
(d) if a person other than the licence holder
interacts with a dingo, ensure the interaction
is done in a manner which minimises the risk
of injury to any person or the dingo;
(e) ensure that all dingoes 7 weeks of age or
older are durably marked for identification
purposes with a microchip or any other
permanent identification device by an
authorised implanter in accordance with the
Domestic Animals Act 1994;
(f) ensure that, when outside the premises
specified in the licence, any dingo must wear
a collar around its neck with an identification
disc attached to the collar which clearly
states the name and phone number of the
licence holder and the licence number;
(g) ensure that dingoes are effectively confined
to an enclosure, or when outside an
enclosure, are effectively controlled at all
times by a physical means of restraint
including through use of a chain, cord, leash
or harness, even within a designated
"off-lead" area;
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(h) ensure that persons under 16 years of age are
not allowed unsupervised access to dingoes
at any time;
(i) in the event of the escape of any dingoes,
make all reasonable efforts to recapture,
humanely destroy or otherwise determine the
fate of the escaped dingo.
(3) If a dingo is being displayed for educational
purposes or at a show conducted by a canine
organisation, it is a condition of any Dingo
Licence that the licence holder must—
(a) ensure that the licence holder, or a person
permitted by the licence holder, is always in
attendance to protect the dingo from abuse or
harassment by any person;
(b) ensure that the licence holder, or a person
permitted by the licence holder, has direct
control of the dingo at all times;
(c) ensure that every precaution is taken to
prevent the risk of injury to any person and
to ensure the health and well being of the
dingo;
(f) ensure that only dingoes that are fully
conditioned to handling are used for these
purposes.
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PART 6—COMMERCIAL WILDLIFE LICENCES
Division 1—General
58 Conditions applying to all Commercial Wildlife
Licences
It is a condition of all Commercial Wildlife
Licences that the licence holder must—
(a) ensure that all employees of the licence
holder are aware of, and competent in, the
scope of activities which may be undertaken
on behalf of the licence holder under the
wildlife licence;
(b) provide a copy of the wildlife licence to an
employee before that employee can
undertake any activity on behalf of the
licence holder under that licence.
59 Commercial Wildlife Licence to apply to single
premises
A Commercial Wildlife Licence only applies to a
single premises listed on that licence.
60 Display of signs for certain Commercial Wildlife
Licences
It is a condition of any Commercial Wildlife
Licence, except a Wildlife Controller Licence,
that the licence holder must—
(a) at all times display a sign or signs stating the
following words—
(i) "The wildlife on these premises are
possessed under a licence issued under
the Wildlife Act 1975"; and
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(ii) "Wildlife must not be taken from the
wild without a licence, permit or
authority issued under the Wildlife Act
1975";
(b) ensure that signs which are required by
paragraph (a)—
(i) are positioned at the main entrance to
the premises specified in the licence;
and
(ii) are in a position that is obvious and
easily readable for all visitors to the
premises or wildlife display or wildlife
demonstration; and
(iii) have a white background, with the
lettering on such signs in black block
type of not less than 30 millimetres in
height; and
(iv) are maintained in good condition so
that they are easily readable at all times.
61 Employees of certain Commercial Wildlife Licence
holders must carry copy of licence
An employee of a holder of any Wildlife
Demonstrator Licence or of any Wildlife
Controller Licence must carry a legible copy of
his or her employer's licence when undertaking
any activity under that licence.
Penalty: 5 penalty units.
62 Specified premises
(1) It is a condition of a specified wildlife licence that
the holder of the licence must not keep any
wildlife at any premises that is not specified in the
licence without the prior written approval of the
Secretary.
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(2) For the purposes of subregulation (1), specified
wildlife licence means a wildlife licence that is
not—
(a) a Wildlife Demonstrator Licence; or
(b) a Wildlife Controller Licence; or
(c) a Wildlife Displayer Licence; or
(d) a Wildlife Farmer Licence.
Division 2—Conditions of Wildlife Controller Licences
63 Conditions of any Wildlife Controller Licence
(1) It is a condition of any Wildlife Controller
Licence that the licence holder must—
(a) not take or destroy wildlife on land without
the prior written approval of the owner or
occupier of that land;
(b) not use equipment that is not specified in the
licence for taking or destroying wildlife;
(c) attach a clear label to all equipment specified
in the licence to be used in connection with
the licence, specifying the appropriate
wildlife licence number;
(d) not sell or dispose of wildlife to persons or
organisations not specified in the licence
unless with the prior written approval of the
Secretary;
(e) ensure that the owner or occupier of the land
who employs the licence holder to take or
destroy wildlife listed in Schedule 6 holds an
authorisation issued under Part IIIA of the
Act unless—
(i) the wildlife is declared by the Governor
in Council to be unprotected in that
area; or
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(ii) the licence holder is taking or
destroying reptiles;
(f) not display to the public, either directly or
indirectly, the wildlife or the operations
undertaken in accordance with the licence.
(2) It is a condition of any Wildlife Controller
Licence that—
(a) in the case of a licence holder that is a
natural person, the licence holder is present
when an employee of the licence holder
takes wildlife from the wild; or
(b) in the case of a licence holder that is not a
natural person, the natural person referred to
under regulation 20(1)(b)(v) or regulation
21(2) is present when an employee of the
licence holder takes wildlife from the wild.
64 Conditions of a Wildlife Controller Licence which
authorises the taking of certain birds from the wild
(1) In the case of a Wildlife Controller Licence that
authorises the taking of birds from the wild for
sale or disposal, it is a condition of the licence that
the licence holder must—
(a) place a mark, in a form approved by the
Secretary, on any bird taken from the wild
before the bird is moved from the place at
which it was taken;
(b) pay to the Secretary the appropriate royalty
specified in regulation 74 for each bird
taken.
(2) In this regulation, bird means Sulphur-crested
Cockatoos, Galahs or Long-billed Corellas.
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Division 3—Conditions of Wildlife Dealer Licences
65 Conditions of any Wildlife Dealer Licence
(1) It is a condition of any Wildlife Dealer Licence
that the licence holder must—
(a) display at all times on each enclosure which
contains wildlife at the premises specified in
the licence, a sign which gives the following
details—
(i) the common name as used in the
Schedules of all the taxa of wildlife
contained in that enclosure;
(ii) the details of the category of licence
that must be held by any purchaser of
that wildlife;
(b) provide, to each person who buys or accepts
wildlife from the licence holder, printed
information in a form approved by the
Secretary that outlines the requirements for
the proper feeding, care, housing and welfare
of the taxa of wildlife bought or accepted;
(c) not charge a fee for the display of wildlife to
the public;
(d) not buy or acquire wildlife listed in Part B of
Schedule 4 from a person unless the person
produces evidence of the person's identity;
(e) if buying or acquiring wildlife listed in
Part B of Schedule 4, enter all details of the
transaction in the record book supplied by
the Secretary;
(f) comply with any applicable code of practice
made under the Prevention of Cruelty to
Animals Act 1986 or the Domestic Animals
Act 1994.
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(2) It is a condition of any Wildlife Dealer Licence
that the licence holder must not enter into a
transaction with a person to buy, acquire, sell or
dispose of wildlife unless the person—
(a) holds a wildlife licence that authorises that
person to buy, acquire, sell or dispose of that
wildlife; or
(b) is an exempt person for the purposes of
buying, acquiring, selling or disposing of any
such wildlife; or
(c) has obtained the prior written approval of the
Secretary.
(3) It is a condition of any Wildlife Dealer Licence
that the licence holder must, in the case of wildlife
which dies while in the possession of the licence
holder—
(a) sell or dispose of the dead wildlife to the
holder of a Wildlife Taxidermist Licence; or
(b) dispose of the dead wildlife by incineration
or burial.
(4) A person who is not an employee of the holder of
a wildlife licence but who cares for wildlife on
behalf of the licence holder does not commit an
offence under the Act or these Regulations if the
person is acting under the immediate supervision
of the licence holder or an employee of the licence
holder.
(5) The holder of a Wildlife Dealer Licence may, with
the prior written approval of the Secretary, display
the wildlife referred to in the licence to the public
at premises other than those specified in the
licence for the purpose of promoting the licence
holder's business.
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Division 4—Conditions of Wildlife Demonstrator Licences
66 Conditions of any Wildlife Demonstrator Licence
(1) It is a condition of any Wildlife Demonstrator
Licence that the licence holder must—
(a) obtain the prior written approval of the
Secretary before allowing the wildlife to be
used in a commercial film;
(b) in the case of a licence issued for more than
three months, give at least 5 demonstrations
involving wildlife to the public in every
6 month period of the licence;
(c) not sell or dispose of any wildlife which the
licence holder bought or acquired that has
been in the possession of the licence holder
for less than 6 months, without the prior
written approval of the Secretary;
(d) display wildlife in circumstances that
minimise the chance of escape of any
wildlife;
(e) display wildlife in circumstances that
provide for the good health and welfare of
the wildlife in accordance with any
applicable code of practice made under the
Prevention of Cruelty to Animals Act 1986
or the Domestic Animals Act 1994;
(f) display wildlife in circumstances that
minimise the risk of injury to any person or
to the wildlife;
(g) not allow dangerous or venomous wildlife to
be handled by persons other than the licence
holder without the prior written approval of
the Secretary;
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(h) ensure that wildlife being demonstrated is
under the direct supervision of the licence
holder or an employee of the licence holder
at all times while the wildlife is being
demonstrated.
(2) It is a condition of any Wildlife Demonstrator
Licence that the licence holder must not accept
wildlife from any person as a gift without the prior
written approval of the Secretary, unless the
person offering the gift—
(a) holds a wildlife licence that authorises that
person to sell or dispose of that wildlife; or
(b) is an exempt person for the purposes of
selling or disposing of any such wildlife.
(3) It is a condition of any Wildlife Demonstrator
Licence that the licence holder must, in the case of
wildlife which dies while in the possession of the
licence holder—
(a) sell or dispose of the dead wildlife to the
holder of a Wildlife Taxidermist Licence; or
(b) dispose of the dead wildlife by incineration
or burial; or
(c) retain the dead wildlife.
(4) It is a condition of any Wildlife Demonstrator
Licence that the licence holder must not enter into
a transaction with a person to buy, acquire, sell or
dispose of wildlife unless the person—
(a) holds a wildlife licence that authorises that
person to buy, acquire, sell or dispose of that
wildlife; or
(b) is an exempt person for the purposes of
buying, acquiring, selling or disposing of any
such wildlife; or
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(c) has obtained the prior written approval of the
Secretary.
Division 5—Conditions of Wildlife Displayer Licences
67 Conditions of any Wildlife Displayer Licence
(1) It is a condition of any Wildlife Displayer Licence
that the licence holder must—
(a) obtain the prior written approval of the
Secretary before allowing wildlife to be used
in a commercial film;
(b) open the display at the premises specified in
the licence to the public for at least six hours
per day during the daylight hours of at least
50 days in each of the following 6 month
periods over a 12 month period—
(i) 1 October–31 March; and
(ii) 1 April–30 September;
(c) within 24 hours of opening and closing the
display for public access, enter accurately,
legibly and permanently the date and time of
opening and closing in a log book or diary
kept solely for this purpose;
(d) ensure that the entire perimeter of the
premises specified in the licence is enclosed
by a fence that is of a sufficient height,
strength and design that will prevent the
escape of any wildlife held on the premises
and prevent entry of persons not authorised
by the licence holder;
(e) display wildlife in circumstances that
minimise the chance of escape of any
wildlife;
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(f) display wildlife in circumstances that
provide for the good health and welfare of
the wildlife in accordance with any
applicable code of practice made under the
Prevention of Cruelty to Animals Act 1986
or the Domestic Animals Act 1994;
(g) display wildlife in circumstances that
minimise the risk of injury to any person;
(h) not allow dangerous or venomous wildlife to
be handled by persons other than the licence
holder without the prior written approval of
the Secretary;
(i) ensure that wildlife being displayed is under
the direct supervision of the licence holder or
an employee of the licence holder at all times
while the display is open to the public;
(j) not commence construction of a new
enclosure or alterations to an existing
enclosure that might impact on the welfare of
wildlife without the prior written approval of
the Secretary.
(2) It is a condition of any Wildlife Displayer Licence
that the licence holder must not accept wildlife
from any person as a gift without the prior written
approval of the Secretary, unless the person
offering the gift—
(a) holds a wildlife licence that authorises that
person to sell or dispose of that wildlife; or
(b) is an exempt person for the purposes of
selling or disposing of any such wildlife.
(3) It is a condition of any Wildlife Displayer Licence
that the licence holder must, in the case of wildlife
which dies while in the possession of the licence
holder—
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(a) sell or dispose of the dead wildlife to the
holder of a Wildlife Taxidermist Licence; or
(b) dispose of the dead wildlife by incineration
or burial; or
(c) retain the dead wildlife.
(4) It is a condition of any Wildlife Displayer Licence
that the licence holder must not enter into a
transaction with a person to buy, acquire, sell or
dispose of wildlife unless the person—
(a) holds a wildlife licence that authorises that
person to buy, acquire, sell or dispose of that
wildlife; or
(b) is an exempt person for the purposes of
buying, acquiring, selling or disposing of any
such wildlife; or
(c) has obtained the prior written approval of the
Secretary.
(5) A person who is not an employee of the holder of
a wildlife licence but who cares for wildlife on
behalf of the licence holder does not commit an
offence under the Act or these Regulations if the
person is acting under the immediate supervision
of the licence holder or an employee of the licence
holder.
Division 6—Conditions of Game Bird Farmer Licences,
Wildlife Processor Licences and Wildlife Farmer Licences
68 Condition of any Game Bird Farmer Licence,
Wildlife Processor Licence and Wildlife Farmer
Licence
It is a condition of a Game Bird Farmer Licence,
Wildlife Processor Licence and Wildlife Farmer
Licence that the licence holder must not process
for the purpose of preparing and mounting, or
restoring, parts or complete specimens of wildlife
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in a manner which could be regarded as
taxidermy.
69 Conditions of any Game Bird Farmer Licence and
Wildlife Processor Licence
It is a condition of a Game Bird Farmer Licence
and Wildlife Processor Licence that the licence
holder must not rent, hire, or use for promotional
purposes parts or complete specimens of wildlife
at places other than at the premises specified in
the licence.
70 Conditions of any Game Bird Farmer Licence
(1) It is a condition of any Game Bird Farmer Licence
that the licence holder must—
(a) ensure that the wildlife has been bred and
raised by the licence holder or have been
bred in captivity;
(b) not release wildlife in an area on the
premises specified in the licence that is less
than 100 hectares;
(c) comply with any applicable code of practice
made under the Prevention of Cruelty to
Animals Act 1986 or the Domestic Animals
Act 1994;
(d) not enter into a transaction with a person to
buy, acquire, sell or dispose of wildlife
unless the person—
(i) holds a wildlife licence that authorises
that person to buy, acquire, sell or
dispose of that wildlife; or
(ii) is an exempt person for the purposes of
buying, acquiring, selling or disposing
of any such wildlife; or
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(iii) has obtained the prior written approval
of the Secretary.
(2) A person who is not an employee of the holder of
a wildlife licence but who cares for wildlife on
behalf of the licence holder does not commit an
offence under the Act or these Regulations if the
person is acting under the immediate supervision
of the licence holder or an employee of the licence
holder.
71 Conditions of any Wildlife Processor Licence
(1) It is a condition of any Wildlife Processor Licence
that the licence holder must ensure that the
wildlife has been bred in captivity or taken in
accordance with the Act or a relevant law of
another State or Territory of the Commonwealth.
(2) It is a condition of any Wildlife Processor Licence
that the licence holder must not enter into a
transaction with a person to buy, acquire, sell or
dispose of wildlife unless the person—
(a) holds a wildlife licence that authorises that
person to buy, acquire, sell or dispose of that
wildlife; or
(b) is an exempt person for the purposes of
buying, acquiring, selling or disposing of any
such wildlife; or
(c) has obtained the prior written approval of the
Secretary.
72 Conditions of any Wildlife Farmer Licence
(1) It is a condition of any Wildlife Farmer Licence
that the licence holder must—
(a) not rent or hire parts or complete specimens
of wildlife;
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(b) in the case of a licence holder who is a
natural person, ensure that the premises
specified in the licence are under the direct
supervision of the licence holder or an
employee of the licence holder at all times
while any activities relating to destroying
and processing of wildlife are taking place;
(c) in the case of a licence holder who is not a
natural person, the natural person referred to
under regulation 20(1)(b)(v) or regulation
21(2), as the case applies, is present while
any activities relating to destroying and
processing of wildlife are taking place;
(d) ensure that any wildlife destroyed under the
licence is destroyed humanely so as to cause
sudden and painless death;
(e) ensure that any facilities for destroying or
processing wildlife are situated on the
premises specified in the licence in such a
place and manner that wildlife held under the
licence elsewhere on those premises is not
disturbed by those activities;
(f) comply with any applicable code of practice
made under the Prevention of Cruelty to
Animals Act 1986 or the Domestic Animals
Act 1994.
(2) It is a condition of any Wildlife Farmer Licence
that the licence holder must not, without the prior
written approval of the Secretary, buy or acquire
wildlife from any person other than—
(a) the holder of a Wildlife Farmer Licence; or
(b) the holder of a Wildlife Dealer Licence.
(3) It is a condition of any Wildlife Farmer Licence
that the licence holder must not, without the prior
written approval of the Secretary, sell or dispose
of wildlife to any person other than—
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(a) the holder of a Wildlife Farmer Licence; or
(b) the holder of a Wildlife Dealer Licence; or
(c) the holder of a Wildlife Processor Licence or
a Wildlife Taxidermist Licence if the
wildlife is dead; or
(d) the holder of a Wildlife Basic Licence or
Wildlife Advanced Licence; or
(e) an exempt person for the purposes of buying
or acquiring any such wildlife.
Division 7—Conditions of Wildlife Taxidermist Licences
73 Conditions of any Wildlife Taxidermist Licence
(1) It is a condition of any Wildlife Taxidermist
Licence that the licence holder must—
(a) obtain the prior written approval of the
Secretary before allowing wildlife to be used
in a commercial film;
(b) not charge a fee for the display of wildlife to
the public;
(c) not display the wildlife specified in the
licence to the public at premises other than
those specified in the licence for the purpose
of promoting the licence holder's business
without the prior written approval of the
Secretary.
(2) It is a condition of any Wildlife Taxidermist
Licence that the licence holder must not enter into
a transaction with a person to buy, acquire, sell or
dispose of wildlife unless the person—
(a) holds a wildlife licence that authorises that
person to buy, acquire, sell or dispose of that
wildlife; or
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(b) is an exempt person for the purposes of
buying, acquiring, selling or disposing of any
such wildlife; or
(c) has obtained the prior written approval of the
Secretary.
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PART 7—ROYALTIES
74 Royalties
For the purposes of regulation 64, the appropriate
royalty payable in respect of the taking from the
wild of the classes of wildlife specified in
column 1 of the following table is set out opposite
each particular class of wildlife in column 2 of the
Table—
TABLE
Column 1
Wildlife specimen
Column 2
Royalty payable
Sulphur-crested Cockatoo $5
Galah $5
Long-billed Corella $5
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SCHEDULES
SCHEDULE 1
Regulations 19(1), (2) and (3), and 37(1)(b)
FEES
Column 1
Item Number
Column 2
Licence Category
Column 3
Annual Fee
1 Wildlife Basic Licence 6·7 fee units
2 Wildlife Advanced Licence 12·4 fee units
3 Wildlife Specimen Licence 0·8 fee units
4 Dingo Licence 9·6 fee units
5 Wildlife Controller Licence 20 fee units
6 Wildlife Dealer Licence 57·2 fee units
7 Wildlife Demonstrator Licence 37·3 fee units
8 Wildlife Displayer Licence 51·3 fee units
9 Game Bird Farmer Licence 49·2 fee units
10 Wildlife Processor Licence 49·2 fee units
11 Wildlife Farmer Licence 49·2 fee units
12 Wildlife Taxidermist Licence 40·7 fee units
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SCHEDULE 2
Regulations 7, 8, 12, 13, 18(a)(i) and (b)(i), and 37(1)(b)
TAXA OF WILDLIFE THAT MAY BE HELD BY HOLDERS
OF THE APPROPRIATE LICENCE FOR PRIVATE OR
CERTAIN COMMERCIAL PURPOSES
Column 1
Item
Number
Column 2
Birds
1 Brown Quail Coturnix ypsilophora
2 Little Button-quail Turnix velox
3 Red-backed Button-quail Turnix maculosa
4 Painted Button-quail Turnix varia
5 Black-breasted Button-quail Turnix melanogaster
6 Red-chested Button-quail Turnix pyrrhothorax
7 Chestnut-backed Button-quail Turnix castanota
8 Bar-shouldered Dove Geopelia humeralis
9 Flock Bronzewing Phaps histrionica
10 White-headed Pigeon Columba leucomela
11 Brush Bronzewing Phaps elegans
12 Spinifex Pigeon Geophaps plumifera
13 Squatter Pigeon Geophaps scripta
14 Partridge Pigeon Geophaps smithii
15 Rose-crowned Fruit-Dove Ptilinopus regina
16 Brown Cuckoo-Dove Macropygia amboinensis
17 Pied Imperial-Pigeon Ducula bicolor
18 Topknot Pigeon Lopholaimus antarcticus
19 Wonga Pigeon Leucosarcia melanoleuca
20 Pacific Black Duck Anas superciliosa
21 Grey Teal Anas gracilis
22 Chestnut Teal Anas castanea
23 Australasian Shoveler Anas rhynchotis
24 Maned Duck Chenonetta jubata
25 Cape Barren Goose Cereopsis novaehollandiae
26 Australian Shelduck Tadorna tadornoides
27 Magpie Goose Anseranas semipalmata
28 Hardhead Aythya australis
29 Wandering Whistling-Duck Dendrocygna arcuata
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Column 1
Item
Number
Column 2
Birds
30 Plumed Whistling-Duck Dendrocygna eytoni
31 Radjah Shelduck Tadorna radjah
32 Pink-eared Duck Malacorhynchus
membranaceus
33 Black Swan Cygnus atratus
34 Black-tailed Native-hen Gallinula ventralis
35 Mulga Parrot Psephotus varius
36 Superb Parrot Polytelis swainsonii
37 Regent Parrot
South East subspecies Polytelis anthopeplus
monarchoides
38 Regent Parrot
Western Australian subspecies Polytelis anthopeplus
anthopeplus
39 Red-capped Parrot Purpureicephalus spurius
40 Rosellas— Platycercus species
all kinds, except except Platycercus icterotis
Western Rosella and Platycercus eximus
and Eastern Rosella
41 Australian Ringneck Barnardius zonarius
All species
except Barnardius zonarius
semitorquatus
42 Blue Bonnet Northiella haematogaster
all kinds, except except Northiella
southern Western haematogaster narethae
Australian form narethae
43 Blue-winged Parrot Neophema chrysostoma
44 Rock Parrot Neophema petrophila
45 Australian King-Parrot Alisterus scapularis
46 Red-winged Parrot Aprosmictus erythropterus
47 Golden-shouldered Parrot Psephotus chrysopterygius
48 Eclectus Parrot Eclectus roratus macgillivrayi
(red-sided) Australian
subspecies only
49 Red-collared Lorikeet Trichoglossus haematodus
rubritorquis
50 Varied Lorikeet Psitteuteles versicolor
51 Little Lorikeet Glossopsitta pusilla
52 Purple-crowned Lorikeet Glossopsitta
porphyrocephala
Sch. 2
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Column 1
Item
Number
Column 2
Birds
53 Masked Finch Poephila personata
54 Black-throated Finch Poephila cincta
55 Diamond Firetail Stagonopleura guttata
56 Red-browed Finch Neochmia temporalis
57 Crimson Finch Neochmia phaeton
58 Yellow-rumped Mannikin Lonchura flaviprymna
59 Pictorella Mannikin Heteromunia pectoralis
60 Red Wattlebird Anthochaera carunculata
61 Silvereye Zosterops lateralis
62 Banded Lapwing Vanellus tricolor
63 Masked Lapwing Vanellus miles
64 Australian Magpie Craticus tibicen
65 Laughing Kookaburra Dacelo novaeguineae
Reptiles
66 Broad-shelled River Turtle Chelodina expansa
67 Oblong Turtle Chelodina oblonga
68 Northern Snapping Turtle Elseya dentata
69 Saw-shelled Turtle Wollumbinia latisternum
70 Mary River Tortoise Elusor macrurus
71 Northern Spiny-tailed Gecko Strophurus ciliaris
72 Western Stone Gecko Diplodactylus granariensis
73 Eastern Stone Gecko Diplodactylus vittatus
74 Tessellated Gecko Diplodactylus tessellatus
75 Bynoe's Gecko Heteronotia binoei
76 Desert Cave Gecko Heteronotia spelea
77 Beaded Gecko Lucasium damaeum
78 Northern Dtella Gehyra australis
79 Tree Dtella Gehyra variegata
80 Pale Knob-tailed Gecko Nephrurus laevissimus
81 Smooth Knob-tailed Gecko Nephrurus levis
82 Marbled Velvet Gecko Oedura marmorata
83 Southern Spotted Velvet Gecko Oedura tryoni
84 Southern Spiny-tailed Gecko Strophurus intermedius
85 Thick-tailed Gecko Underwoodisaurus milii
86 Bearded Dragon Pogona barbata
Sch. 2
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Column 1
Item
Number
Column 2
Reptiles
87 Jacky Lizard Amphibolurus muricatus
88 Central Bearded Dragon Pogona vitticeps
89 Eastern Water Dragon Physignathus lesueurii lesueurii
90 Gippsland Water Dragon Physignathus lesueurii howittii
91 Crested Dragon Ctenophorus cristatus
92 Tawny Dragon Ctenophorus decresii
93 Peninsula Dragon Ctenophorus fionni
94 Western Netted Dragon Ctenophorus reticulatus
95 Red-barred Dragon Ctenophorus vadnappa
96 Central Military Dragon Ctenophorus isolepis
97 Central Netted Dragon Ctenophorus nuchalis
98 Mallee Military Dragon Ctenophorus fordi
99 Painted Dragon Ctenophorus pictus
100 Gilbert's Dragon Amphibolurus gilberti
101 Long-nosed Water Dragon Amphibolurus longirostris
102 Eyrean Earless Dragon Tympanocryptis
tetraporophora
103 Southern Angle-headed Dragon Hypsilurus spinipes
104 Eastern Three-lined Skink Acritoscincus duperreyi
105 Land Mullet Bellatorias major
106 Garden Skink Lampropholis delicata
107 Grass Skink Lampropholis guichenoti
108 Southern Grass Skink Pseudemoia entrecasteauxii
109 Red-throated Skink Acritoscincus platynota
110 Eastern Water Skink Eulamprus quoyii
111 Southern Water Skink Eulamprus tympanum tympanum
subspecies only subspecies only
112 Black Rock Skink Egernia saxatilis
113 Gidgee Skink Egernia stokesii
114 Bougainville's Skink Lerista bougainvillii
115 Burrowing Skink Lerista picturata
116 Boulenger's Skink Morethia boulengeri
117 Spencer's Skink Pseudemoia spenceri
118 Ocellated Skink Ctenotus pantherinus
119 Regal Striped Skink Ctenotus regius
120 Major Skink Bellatorias frerei
121 Hosmer's Skink Egernia hosmeri
Sch. 2
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Column 1
Item
Number
Column 2
Reptiles
122 King's Skink Egernia kingii
123 Centralian Ranges Rock-skink Liopholis margaretae
124 Tree Skink Egernia striolata
125 Narrow-banded Sand Swimmer Eremiascincus fasciolatus
126 Ridge-tailed Monitor Varanus acanthurus
127 Pygmy Mulga Monitor Varanus gilleni
128 Mangrove Monitor Varanus indicus
129 Merten's Water Monitor Varanus mertensi
130 Storr's Monitor Varanus storri
131 Black-headed Monitor Varanus tristis
132 Lace Monitor Varanus varius
133 Sand Monitor Varanus gouldii
134 Burton's Snake-Lizard Lialis burtonis
135 Common Scaly-foot Pygopus lepidopodus
136 Eastern Hooded Scaly-foot Pygopus schraderi
137 Western Hooded Scaly-foot Pygopus nigriceps
138 Pink-tongued Lizard Cyclodomorphus gerrardii
139 Centralian Blue-tongued Lizard Tiliqua multifasciata
140 Western Blue-tongued Lizard Tiliqua occipitalis
141 Shingle-Back Lizard Tiliqua rugosus
142 Children's Python Antaresia childreni
143 Spotted Python Antaresia maculosus
144 Stimson's Python Antaresia stimsoni
145 Water Python Liasis mackloti
146 Olive Python Liasis olivaceus
147 Black-headed Python Aspidites melanocephalus
148 Australian Scrub Python Morelia kinghorni
149 Carpet or Diamond Python Morelia spilota
including
Diamond Python M. s. spilota
Centralian Carpet Python M. s. bredli
Top End Carpet Python M. s. variegata
Eastern Carpet Python M. s. mcdowelli
Jungle Carpet Python M. s. cheynei
Murray/Darling Carpet Python M. s.metcalfei
Western Carpet Python M. s. imbricata
150 Keelback Tropidonophis mairii
151 Common or Green Tree Snake Dendrelaphis punctulata
Sch. 2
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Column 1
Item
Number
Column 2
Reptiles
152 Slatey-grey Snake Stegonotus cucullatus
153 Northern Tree Snake Dendrelaphis calligastra
154 Woma Python Aspidites ramsayi
155 Krefft's River Turtle Emydura krefftii
156 Southern Legless Lizard Delma australis
157 Olive Legless Lizard Delma inornata
Amphibians
158 Water-holding Frog Cyclorana platycephala
159 Eastern Dwarf Tree Frog Litoria fallax
160 Dainty Green Tree Frog Litoria gracilenta
161 Giant Tree Frog Litoria infrafrenata
162 Whistling Tree Frog Litoria verreauxii
163 Peron's Tree Frog Litoria peronii
164 Green Tree Frog Litoria caerulea
165 Leseur's Frog Litoria lesueuri
166 Blue Mountains Tree Frog Litoria citropa
167 Leaf Green Tree Frog Litoria phyllochroa
168 Leaf Green Tree Frog Litoria nudidigita
169 Brown Striped Frog Limnodynastes peronii
170 Great Barred Frog Mixophyes fasciolatus
171 Giant Barred Frog Mixophyes iteratus
172 Haswell's Frog Paracrinia haswelli
173 Southern Smooth Froglet Geocrinia laevis
174 Common Spadefoot Toad Neobatrachus sudelli
Mammals
175 Common Brushtail Possum Trichosurus vulpecula
176 Common Ringtail Possum Pseudocheirus peregrinus
177 Sugar Glider Petaurus breviceps
178 Fat-tailed Dunnart Sminthopsis crassicaudata
179 Kowari Dasyuroides byrnei
180 Tammar Wallaby Macropus eugenii
181 Red-necked Wallaby Macropus rufogriseus
182 Black Wallaby Wallabia bicolor
183 Red-necked Pademelon Thylogale thetis
184 Rufous-bellied Pademelon Thylogale billardierii
Sch. 2
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Column 1
Item
Number
Column 2
Mammals
185 Red-legged Pademelon Thylogale stigmatica
186 Rufous Bettong Aepyprymnus rufescens
187 Southern Bettong Bettongia gaimardi
188 Common Wombat Vombatus ursinus
189 Plains Rat Pseudomys australis
__________________
Sch. 2
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SCHEDULE 3
Regulations 8, 12, 13, 18(a)(i) and (b)(i), 20(1)(b)(ii) and 37(1)(b)
TAXA OF WILDLIFE THAT MAY BE HELD BY HOLDERS
OF THE APPROPRIATE LICENCE FOR PRIVATE OR
CERTAIN COMMERCIAL PURPOSES
PART A
Column 1
Item
Number
Column 2
Birds
1 Baudin's Black-Cockatoo Calyptorhynchus baudinii
2 Carnaby's Black-Cockatoo Calyptorhynchus latirostris
3 Yellow-tailed Black-Cockatoo Calyptorhynchus funereus
(all taxa) (all taxa)
4 Red-tailed Black-Cockatoo Calyptorhynchus banksii
(all taxa except South-eastern) (all taxa except graptogyne)
5 Gang-gang Cockatoo Callocephalon fimbriatum
6 Major Mitchell Cockatoo Lophochroa leadbeateri
(all taxa) (all taxa)
7 Glossy Black Cockatoo Calyptorhynchus lathami
8 Swift Parrot Lathamus discolor
9 Blue Bonnet Northiella haematogaster
(southern Western Australian narethae
form narethae)
PART B
Column 1
Item
Number
Column 2
Birds
1 Double-eyed Fig-Parrot Cyclopsitta diophthalma
2 Freckled Duck Stictonetta naevosa
3 Cotton Pygmy-Goose Nettapus coromandelianus
4 Green Pygmy-Goose Nettapus pulchellus
5 Blue-billed Duck Oxyura australis
6 Musk Duck Biziura lobata
7 Superb Fruit-Dove Ptilinopus superbus
8 Wompoo Fruit-Dove Ptilinopus magnificus
9 Superb Fairy-wren Malurus cyaneus
Sch. 3
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Column 1
Item
Number
Column 2
Birds
10 Splendid Fairy-wren Malurus splendens
11 Variegated Fairy-wren Malurus lamberti
12 White-winged Fairy-wren Malurus leucopterus
13 Spotted Pardalote Pardalotus punctatus
14 Beautiful Firetail Stagonopleura bella
15 Red-eared Firetail Stagonopleura oculata
16 Scarlet Honeyeater Myzomela sanguinolenta
17 Crimson Chat Epthianura tricolor
18 White-fronted Chat Epthianura albifrons
19 White-quilled Rock-Pigeon Petrophassa albipennis
20 Chestnut-quilled Rock Pigeon Petrophassa rufipennis
21 White-browed Woodswallow Artamus superciliosus
22 Inland Dotterel Charadrius australis
23 Sacred Kingfisher Todiramphus sanctus
Reptiles
24 Saltwater Crocodile Crocodylus porosus
25 Freshwater Crocodile Crocodylus johnstoni
26 Brook's Striped Skink Ctenotus brooksi
27 Schomburgk's Skink Ctenotus schomburgkii
28 Fat-tailed Gecko Diplodactylus conspicillatus
29 Jewelled Gecko Strophurus elderi
30 Giant Cave Gecko Pseudothecadactylus
lindneri
31 Beaked Gecko Rhynchoedura ornata
32 Centralian Knob-tailed Gecko Nephrurus amyae
33 Prickly Knob-tailed Gecko Nephrurus asper
34 Golden-tailed Gecko Strophurus taenicauda
35 Rough-throated Leaf- Saltuarius salebrosus
tail Gecko
36 Southern Leaf-tailed Gecko Saltuarius swaini
37 Frilled Lizard Chlamydosaurus kingii
38 Boyd's Forest Dragon Hypsilurus boydii
39 Downs Bearded Dragon Pogona henrylawsoni
40 Short-tailed Pygmy Monitor Varanus brevicauda
41 Stripe-tailed Monitor Varanus caudolineatus
42 Spotted Tree Monitor Varanus scalaris
43 Spencer's Monitor Varanus spenceri
Sch. 3
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Column 1
Item
Number
Column 2
Reptiles
44 Mitchell's Water Monitor Varanus mitchelli
45 Green Python Morelia viridis
46 Pygmy Python Antaresia perthensis
47 Rough-scaled Python Morelia carinata
48 Common Death Adder Acanthophis antarcticus
49 Northern Death Adder Acanthophis praelongus
50 Desert Death Adder Acanthophis pyrrhus
51 Lowland Copperhead Austrelaps superbus
52 Stephen's Banded Snake Hoplocephalus stephensii
53 Black Tiger Snake Notechis ater
54 Tiger Snake (all taxa) Notechis scutatus (all taxa)
55 Taipan Oxyuranus scutellatus
56 Fierce Snake Oxyuranus microlepidotus
57 Mulga Snake Pseudechis australis
58 Collett's Snake Pseudechis colletti
59 Spotted Black Snake Pseudechis guttatus
60 Red-bellied Black Snake Pseudechis porphyriacus
61 Dugite Pseudonaja affinis
62 Speckled Brown Snake Pseudonaja guttata
63 Western Brown Snake Pseudonaja mengdeni
(Gwardar) Pseudonaja aspidorhyncha
including southern central Pseudonaja nuchalis
Australia variety and tropical
northern Australia variety
64 Eastern Brown Snake Pseudonaja textilis
65 Yellow-faced Whip Snake Demansia psammophis
66 Eastern Small-eyed Snake Cryptophis nigrescens
67 Curl Snake Suta suta
68 White-lipped Snake Drysdalia coronoides
69 Little Whip Snake Parasuta flagellum
70 Mitchell's Short-tailed Snake Parasuta nigriceps
71 Brown Tree Snake Boiga irregularis
72 Arafura File Snake Acrochordus arafurae
73 Northern Snake-necked Turtle Chelodina rugosa
74 Steindachner's Turtle Chelodina steindachneri
75 Pig-nosed Turtle Carettochelys insulpta
76 Painted Turtle Emydura subglobosa
Jardine River Turtle only subglobosa
Sch. 3
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Column 1
Item
Number
Column 2
Mammals
77 Common Wallaroo (Euro) Macropus robustus
78 Western Grey Kangaroo Macropus fuliginosus
79 Kangaroo Island Kangaroo Macropus fuliginosus
fuliginosus
80 Eastern Grey Kangaroo Macropus giganteus
81 Red Kangaroo Macropus rufus
82 Agile Wallaby Macropus agilis
83 Parma Wallaby Macropus parma
84 Black-striped Wallaby Macropus dorsalis
85 Quokka Setonix brachyurus
86 Long-nosed Potoroo Potorous tridactylus
87 Brush-tailed Bettong Bettongia pencillata
88 Feathertail Glider Acrobates pygmaeus
89 Squirrel Glider Petaurus norfolcensis
90 Southern Brown Bandicoot Isoodon obesulus
91 Eastern Quoll Dasyurus viverrinus
92 Spot-tailed Quoll Dasyurus maculatus
Amphibians
93 Green and Golden Bell Frog Litoria aurea
94 Growling Grass Frog Litoria raniformis
95 Southern Toadlet Pseudophryne
semimarmorata
96 Giant Burrowing Frog Heleioporus australiacus
97 Red-eyed Tree Frog Litoria chloris
98 Orange-Thighed Frog Litoria xanthomera
99 Roth's Tree Frog Litoria rothii
100 Northern Dwarf Tree Frog Litoria bicolor
101 Magnificent Tree Frog Litoria splendida
__________________
Sch. 3 Sch. 3
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SCHEDULE 4
Regulations 12, 13, 18(a)(i) and (b)(i),
37(1)(b), 49(1)(a), (3)(a), (5), (6), (7)
and (8), 54(a), and 65(1)(d) and (e)
TAXA OF WILDLIFE THAT MAY BE HELD FOR PRIVATE
PURPOSES WITHOUT A LICENCE OR FOR COMMERCIAL
PURPOSES BY THE HOLDER OF AN APPROPRIATE
LICENCE
PART A
Column 1
Item
Number
Column 2
Birds
1 King Quail Excalfactoria chinensis
2 Pheasant—all taxa Phasianus spp.
3 Partridge—all taxa Perdix spp.
4 Non-indigenous quail—all Alectoris spp.
all taxa, including all taxa, including
Californian Quail and, Callipepla californica
Japanese/European Quail Coturnix coturnix
5 Budgerigar Melopsittacus undulatus
6 Zebra Finch Taeniopygia guttata
7 Cockatiel Nymphicus hollandicus
8 Bourke's Parrot Neopsephotus bourkii
Mammals
9 Fallow Deer Dama dama (including D.d
mesopotamica)
10 Chital Axis axis
11 Hog Deer Axis porcinus
12 Rusa Deer Cervus timorensis
13 Sambar Cervus unicolor
14 Red Deer Cervus elaphus
15 Wapiti Deer Cervus canadensis
Sch. 4
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PART B
Column 1
Item
Number
Column 2
Birds
1 Eastern Rosella Platycercus eximius
2 Western Rosella Platycercus icterotis
3 Scarlet-chested Parrot Neophema splendida
4 Elegant Parrot Neophema elegans
5 Turquoise Parrot Neophema pulchella
6 Alexandra's (Princess) Parrot Polytelis alexandrae
7 Hooded Parrot Psephotus dissimilis
8 Australian Ringneck Barnardius zonarius
semitorquatus
9 Gouldian Finch Erythrura gouldiae
10 Star Finch Neochmia ruficauda
11 Blue-faced Finch Erythrura trichroa
12 Long-tailed Finch Poephila acuticauda
13 Chestnut-breasted Mannikin Lonchura castaneothorax
14 Plum-headed Finch Neochmia modesta
15 Double-barred Finch Taeniopygia bichenovii
16 Stubble Quail Coturnix pectoralis
17 Red-rumped Parrot Psephotus haematonotus
18 Rainbow Lorikeet—excluding Trichoglossus haematodus
subspecies
19 Scaly-breasted Lorikeet Trichoglossus chlorolepidotus
20 Musk Lorikeet Glossopsitta concinna
21 Eclectus Parrot Eclectus roratus polychloros
22 Painted Firetail Emblema pictum
23 Peaceful Dove Geopelia striata
24 Common Bronzewing Phaps chalcoptera
25 Crested Pigeon Ocyphaps lophotes
26 Emerald Dove Chalcophaps indica
27 Diamond Dove Geopelia cuneata
28 Galah Eolophus roseicapilla
29 Sulphur-crested Cockatoo Cacatua galerita
30 Little Corella Cacatua sanguinea
31 Long-billed Corella Cacatua tenuirostris
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Column 1
Item
Number
Column 2
Amphibians
32 Plains Froglet Crinia parinsignifera
33 Common Eastern Froglet Crinia signifera
34 Spotted Grass Frog Limnodynastes tasmaniensis
35 Eastern Banjo Frog Limnodynastes dumerilii
36 Southern Brown Tree Frog Litoria ewingii
Reptiles
37 Common Long-necked Chelodina longicollis
Tortoise
38 Murray Turtle Emydura macquarii
39 Marbled Gecko Christinus marmoratus
40 Cunningham's Skink Egernia cunninghami
41 White's Skink Liopholis whitii
42 Blotched Blue-tongued Lizard Tiliqua nigrolutea
43 Eastern Blue-tongued Lizard Tiliqua scincoides
Mammals
44 Mitchell's Hopping Mouse Notomys mitchelli
45 Spinifex Hopping Mouse Notomys alexis
__________________
Sch. 4 Sch. 4
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SCHEDULE 5
Regulations 15, 16(a), 41(6), 45(2)(b)
and (c), 46(2), 48(2), 49(9), (10)
and (11) and 54(c)(i)
TAXA OF WILDLIFE THAT ARE EXEMPT FROM
REQUIREMENT TO HOLD A LICENCE IN CERTAIN
CIRCUMSTANCES
PART A
Column 1
Item
Number
Column 2
Birds
1 Pheasant—all taxa Phasianus spp
2 Partridge—all taxa Perdix spp.
Alectoris spp.
3 European/Japanese Quail Coturnix coturnix
4 Californian Quail Callipepla californica
PART B
Column 1
Item
Number
Column 2
Mammals
1 Common Brushtail Possum Trichosurus vulpecula
2 Western Grey Kangaroo Macropus fuliginosus
melanops
3 Eastern Grey Kangaroo Macropus giganteus
4 Whiptail Wallaby Macropus parryi
5 Common Wallaroo (Euro) Macropus robustus
6 Red-necked Wallaby Macropus rufogriseus
7 Red Kangaroo Macropus rufus
8 Rufous-bellied Pademelon Thyllogale billardierii
Reptiles
9 Freshwater Crocodile Crocodylus johnstoni
10 Saltwater Crocodile Crocodylus porosus
Birds
11 Emu Dromaius novaehollandiae
Sch. 5
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PART C
Column 1
Item
Number
Column 2
Mammals
1 Fallow Deer Dama dama (including D.d
mesopotamica)
2 Chital Axis axis
3 Hog Deer Axis porcinus
4 Rusa Deer Cervus timorensis
5 Sambar Cervus unicolor
6 Red Deer Cervus elaphus
7 Wapiti Deer Cervus canadensis
__________________
Sch. 5
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SCHEDULE 6
Regulations 11, 37(1)(b) and 63(1)(e)
TAXA OF WILDLIFE THAT MAY BE CONTROLLED BY
THE HOLDER OF AN APPROPRIATE WILDLIFE
CONTROLLER'S LICENCE
Column 1
Item
Number
Column 2
Birds
1 Sulphur-crested Cockatoo Cacatua galerita
2 Long-billed Corella Cacatua tenuirostris
3 Galah Eolophus roseicapilla
4 Crimson Rosella Platycercus elegans
5 Eastern Rosella Platycercus eximius
6 Australian Raven Corvus coronoides
7 Pied Currawong Strepera graculina
8 Emu Dromaius novaehollandiae
9 Australian Shelduck Tadorna tadornoides
10 Maned Duck Chenonetta jubata
11 Silver Gull Larus novaehollandiae
Mammals
12 Eastern Grey Kangaroo Macropus giganteus
13 Western Grey Kangaroo Macropus fuliginosus
melanops
14 Black Wallaby Wallabia bicolor
15 Common Brushtail Possum Trichosurus vulpecula
16 Common Wombat Vombatus ursinus
17 Fallow Deer Dama dama (including D.d
mesopotamica)
18 Chital Axis axis
19 Hog Deer Axis porcinus
20 Rusa Deer Cervus timorensis
21 Sambar Cervus unicolour
22 Red Deer Cervus elaphus
23 Wapiti Deer Cervus canadensis
Reptiles
24 All reptiles
__________________
Sch. 6
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SCHEDULE 7
Regulations 7, 8, 12, 16(b), 17, 18(a)(i) and (b)(i),
37(1)(b), 41(6), 45(2)(d), 48(2), 49(1)(b)
and (3)(b), 55(f) and (g)
TAXA OF WILDLIFE THAT MAY BE HELD BY THE
HOLDER OF A WILDLIFE FARMER LICENCE
Column 1
Item
Number
Column 2
Birds
1 Emu Dromaius novaehollandiae
═══════════════
Sch. 7
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ENDNOTES
1 Reg. 4(a): S.R. No. 50/2002. Reprint No. 1 as at 21 August 2008.
Reprinted to S.R. No. 139/2004. Subsequently amended by
S.R. No. 103/2009 and extended in operation by S.R. No. 53/2012.
2 Reg. 4(b): S.R. No. 139/2004.
3 Reg. 4(c): S.R. No. 103/2009.
——
Fee Units
These Regulations provide for fees by reference to fee units within the
meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that
Act, by multiplying the number of fee units applicable by the value of a fee
unit.
The value of a fee unit for the financial year commencing 1 July 2012 is
$12.53. The amount of the calculated fee may be rounded to the nearest
10 cents.
The value of a fee unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
fee unit for a financial year must be published in the Government Gazette and
a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within
the meaning of section 110 of the Sentencing Act 1991. The amount of the
penalty is to be calculated, in accordance with section 7 of the Monetary
Units Act 2004, by multiplying the number of penalty units applicable by the
value of a penalty unit.
In accordance with section 11 of the Monetary Units Act 2004, the value of
a penalty unit for the financial year commencing 1 July 2012 is $140.84.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
penalty unit for a financial year must be published in the Government Gazette
and a Victorian newspaper before 1 June in the preceding financial year.
——
Endnotes
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Authorised by the Chief Parliamentary Counsel
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in
accordance with the requirements of regulation 5 of the Subordinate Legislation
Regulations 2004.
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulations 43(1)(e)
and 44(1)(e)
Code of practice for the
keeping of amphibians in
captivity published on
7 September 2006, as
amended from time to time.
The whole
Regulations 43(1)(e)
and 44(1)(e)
Code of practice for the
housing of caged birds
published on 6 May 1999, as
amended from time to time.
The whole
Regulations 43(1)(e),
44(1)(e) and 72(1)(f)
Code of Practice for the
Husbandry of Captive Emus
(Revision 1) published on
19 July 2007, as amended
from time to time.
The whole
Regulations 43(1)(e),
44(1)(e) and 70(1)(c)
Code of practice for the
welfare of animals on private
game reserves licensed to
hunt game birds, published on
9 June 2005, as amended from
time to time.
The whole
Regulations 43(1)(e)
and 44(1)(e)
Code of practice for the
welfare of animals: Private
keeping of reptiles published
on 30 October 2003, as
amended from time to time.
The whole
Regulation 65(1)(f) Code of practice for the
operation of pet shops
published on 24 August 1995,
as amended from time to time.
The whole
-- 85 of 86 --
Wildlife Regulations 2013
S.R. No. 64/2013
82
Authorised by the Chief Parliamentary Counsel
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 66(1)(e)
and 67(1)(f)
Code of practice for the public
display and exhibition of
animals published on
15 December 1994, as
amended from time to time.
The whole
Regulation 70(1)(c) Code of practice for the
welfare of animals in hunting
(revision 1) published on
17 March 2005, as amended
from time to time.
The whole
-- 86 of 86 --