Wildlife Regulations 2002

i Wildlife Regulations 2002 S.R. No. 50/2002 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provisions 1 3. Commencement 2 4. Revocation 2 5. Definitions 2 PART 2—GENERAL REGULATIONS 4 6. Prescribed poisons 4 7. Prescribed areas of public land for purposes of section 48A of the Act 4 8. Taking or harassing wildlife 4 9. Person not to damage, disturb or destroy any wildlife habitat 5 10. Housing wildlife 6 11. Transport of wildlife 7 12. Wildlife that is not self-sufficient 8 13. Inter-breeding of wildlife 10 14. Application for import and export permits 10 15. Notification of changes of name or address 10 16. Application for authorisation under section 28A 11 PART 3—EXEMPTIONS 12 17. Persons exempt from operation of sections 41, 42, 43 and 44 of the Act 12 18. Persons exempt from operation of section 43 of the Act 12 19. Persons exempt from operation of section 47 of the Act 13 20. Persons exempt from operation of sections 45, 46 and 47 of the Act 15 21. Prescribed wildlife and wildlife products to which section 50(1) of the Act does not apply 17 -- 1 of 81 -- Regulation Page ii PART 4—REGULATIONS APPLYING TO WILDLIFE LICENCES 18 22. Prescribed categories of licences 18 23. Application for the issue, renewal or variation of a wildlife licence 19 24. Specified premises 20 25. Marking of individual wildlife 21 26. Wildlife to be bought, sold or disposed of only at specified premises 21 27. Records and returns 22 28. Condition of wildlife licence to report theft 24 PART 5—PRIVATE WILDLIFE LICENCES 25 29. Entitlements of a Private Wildlife (Basic) Licence 25 30. Entitlements of a Private Wildlife (Advanced) Licence 25 31. Conditions of any Private Wildlife (Basic) Licence and any Private Wildlife (Advanced) Licence 25 32. Entitlements of a Private Wildlife (Specimen Category) Licence 26 33. Conditions of a Private Wildlife (Specimen Category) Licence 27 PART 6—COMMERCIAL WILDLIFE LICENCES 29 Division 1—Wildlife Controller Licences 29 34. Entitlements of a Wildlife Controller Licence Type 1 29 35. Entitlements of a Wildlife Controller Licence Type 2 29 36. Conditions of any Wildlife Controller Licence Type 1 and any Wildlife Controller Licence Type 2 29 37. Condition of a Wildlife Controller Licence Type 1 which authorises the taking of certain birds from the wild 31 Division 2—Wildlife Dealer Licences 31 38. Entitlements of a Wildlife Dealer Licence Type 1 31 39. Entitlements of a Wildlife Dealer Licence Type 2 31 40. Conditions of any Wildlife Dealer Licence Type 1 and any Wildlife Dealer Licence Type 2 32 Division 3—Wildlife Demonstrator Licences 34 41. Entitlements of a Wildlife Demonstrator Licence 34 42. Conditions of a Wildlife Demonstrator Licence 35 Division 4—Wildlife Displayer Licences 38 43. Entitlements of a Wildlife Displayer Licence 38 44. Conditions of a Wildlife Displayer Licence 38 -- 2 of 81 -- Regulation Page iii Division 5—Wildlife Producer Licences 41 45. Entitlements of a Wildlife Producer Licence Type 1 41 46. Entitlements of a Wildlife Producer Licence Type 2 41 47. Entitlements of a Wildlife Producer Licence Type 3 42 48. Conditions of a Wildlife Producer Licence Type 1 42 49. Conditions of a Wildlife Producer Licence Type 2 45 50. Conditions of a Wildlife Producer Licence Type 3 46 Division 6—Wildlife Taxidermist Licences 48 51. Entitlements of a Wildlife Taxidermist Licence Type 1 48 52. Entitlements of a Wildlife Taxidermist Licence Type 2 49 53. Conditions of any Wildlife Taxidermist Licence Type 1 and any Wildlife Taxidermist Licence Type 2 49 Division 7—General 51 54. Displaying of signs of condition of certain Commercial Wildlife Licences 51 PART 7—ASSISTANT'S LICENCE 53 55. Assistant's Licence 53 PART 8—FEES 54 56. Licence fees 54 PART 9—ROYALTIES 56 57. Royalties 56 PART 10—TRANSITIONAL PROVISIONS 57 58. Transitional provisions 57 __________________ SCHEDULES 58 SCHEDULE 1—Regulations revoked 58 SCHEDULE 2—Areas of public land prescribed for the purposes of section 48A of the Act 59 SCHEDULE 3—Taxa of wildlife (birds, reptiles, amphibians and mammals) that may be held by holders of the appropriate licence for private or certain commercial purposes 63 -- 3 of 81 -- Regulation Page iv SCHEDULE 4—Taxa of wildlife (birds, reptiles, amphibians and mammals) that may be held by holders of the appropriate licence for private or certain commercial purposes 69 SCHEDULE 5—Taxa of wildlife (birds, mammals, amphibians and reptiles) that may be held for private purposes without a licence or for commercial purposes by the holder of an appropriate licence 72 SCHEDULE 6—Taxa of wildlife (birds, mammals and reptiles) that are exempt from requirement to hold a licence in certain circumstances 74 SCHEDULE 7—Taxa of wildlife (birds, mammals and reptiles) that may be controlled by the holder of an appropriate wildlife controller's licence 76 SCHEDULE 8—Taxa of wildlife (birds) that may be held by the holder of a wildlife producer type 3 licence 77 ═══════════════ -- 4 of 81 -- 1 STATUTORY RULES 2002 S.R. No. 50/2002 Wildlife Act 1975 Wildlife Regulations 2002 The Governor in Council makes the following Regulations: Dated: 25 June 2002 Responsible Minister: SHERRYL GARBUTT Minister for Environment and Conservation HELEN DOYE Clerk of the Executive Council PART 1—PRELIMINARY 1. Objectives The objectives of these Regulations are— (a) to make further provision in relation to the licensing system established by section 22 of the Wildlife Act 1975; and (b) to prescribe fees, offences, royalties and various other matters for the purposes of the Wildlife Act 1975; and (c) to provide for exemptions from certain provisions of the Wildlife Act 1975. 2. Authorising provisions These Regulations are made under sections 22 and 87 of the Wildlife Act 1975. -- 5 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 2 3. Commencement These Regulations come into operation on 29 June 2002. 4. Revocation The Regulations listed in Schedule 1 are revoked. 5. Definitions In these Regulations— "Act" means the Wildlife Act 1975; "Commercial Wildlife Licence" means any one of the following licences (a) Wildlife Controller Licence Type 1; (b) Wildlife Controller Licence Type 2; (c) Wildlife Dealer Licence Type 1; (d) Wildlife Dealer Licence Type 2; (e) Wildlife Demonstrator Licence; (f) Wildlife Displayer Licence; (g) Wildlife Producer Licence Type 1; (h) Wildlife Producer Licence Type 2; (i) Wildlife Producer Licence Type 3; (j) Wildlife Taxidermist Licence Type 1; (k) Wildlife Taxidermist Licence Type 2; "exempt person" means a person who is, by the operation of regulation 19, exempt from section 47 of the Act; "registered veterinary practitioner" has the same meaning as in the Veterinary Practice Act 1997; r. 3 -- 6 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 3 "take" means to gain possession or control of wildlife by any means and also includes causing, permitting or assisting in taking wildlife; "trap" includes a trap, net, snare, pitfall or any other contrivance used for, or capable of being used for, taking wildlife. __________________ r. 5 -- 7 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 4 PART 2—GENERAL REGULATIONS 6. Prescribed poisons For the purposes of section 54 of the Act, the following substances are prescribed to be poisons— (a) any poison or controlled substance within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; or (b) any substance defined as an agricultural chemical product under the Agricultural and Veterinary Code Act 1994 of the Commonwealth. 7. Prescribed areas of public land for purposes of section 48A of the Act The areas of public land listed in Schedule 2 are prescribed for the purposes of section 48A(1)(c) of the Act. 8. Taking or harassing wildlife (1) A person must not use a bait, lure, poison, decoy, or live animal to attract wildlife for the purpose of taking that wildlife unless that person is licensed, permitted or authorised to do so under the Act. Penalty: 20 penalty units. (2) A person must not use a firearm from an aircraft, motor vehicle, boat, or any other vehicle to take wildlife unless that person is licensed, permitted or authorised to do so under the Act. Penalty: 20 penalty units. r. 6 -- 8 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 5 (3) A person must not use an aircraft, motor vehicle, boat, or any other vehicle to pursue, chase, or harass wildlife unless that person is licensed, permitted or authorised to do so under the Act. Penalty: 20 penalty units. (4) A person must not use an artificial light, electronic device, or recorded sound to hunt or take wildlife unless that person is licensed, permitted or authorised to do so under the Act. Penalty: 20 penalty units. (5) A person must not use a gun, bow or other weapon, trap, or any other equipment or substance for the purpose of taking wildlife unless that person is licensed, permitted or authorised to do so under the Act. Penalty: 20 penalty units. (6) Sub-regulation (1) does not apply to a person attempting to capture any wildlife of the taxa listed in Part A or Part C of Schedule 6 or Schedule 8 which was legally in the possession of that person and which has escaped from their possession. 9. Person not to damage, disturb or destroy any wildlife habitat (1) A person must not wilfully damage, disturb or destroy any wildlife habitat. (2) Sub-regulation (1) does not apply to a person who is— (a) authorised to do so under the Act; or r. 9 -- 9 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 6 (b) the holder of a licence granted under the Forests Act 1958 to harvest timber or other forest produce; or (c) authorised to do so under any other Act. Penalty: 50 penalty units. 10. Housing wildlife (1) A person who possesses living wildlife must keep the wildlife in secure cages or enclosures that are designed, constructed and maintained to prevent the escape of the wildlife, to protect the wildlife from predators, and to resist access by persons not authorised by the person who possesses the wildlife. Penalty: 20 penalty units. (2) If a cage or enclosure is not designed, constructed and maintained in accordance with sub-regulation (1), the Secretary may direct in writing that the person possessing the wildlife make the changes or alterations specified in the direction to the enclosure within the period specified in the direction. (3) Sub-regulation (1) does not apply to a person who has the authority in writing of the Secretary under sub-regulation (4) or (5) and who is acting in accordance with that authority. (4) The Secretary may authorise a person to keep wildlife in an enclosure which does not comply with any or all of the requirements of sub- regulation (1) for the purposes of temporary housing, display or demonstration of that wildlife. (5) The Secretary may— (a) authorise a person to keep waterfowl in an enclosure which does not comply with any or all of the requirements of sub-regulation (1); and r. 10 -- 10 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 7 (b) impose conditions on the authorisation made under paragraph (a). 11. Transport of wildlife (1) A person who consigns, conveys or transports wildlife must ensure that any container or receptacle used to consign, convey or transport the wildlife is designed, constructed and maintained to— (a) withstand transportation; and (b) prevent the escape of the wildlife contained within; and (c) protect against predators; and (d) resist interference. Penalty: 20 penalty units. (2) A person who consigns a specimen of wildlife for transport or conveyance must ensure that the container or receptacle in which the specimen is placed has securely attached to it a label clearly displaying the following information— (a) his or her 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 (as shown in the relevant Schedule to these Regulations) 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: 20 penalty units. r. 11 -- 11 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 8 (3) A person who conveys or transports a specimen of wildlife must ensure that the container or receptacle 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 (as shown in the relevant Schedule to these Regulations) 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: 20 penalty units. (4) Nothing in this regulation applies to any person who temporarily possesses sick, injured or abandoned wildlife for the purpose of transporting the wildlife to a registered veterinary practitioner or the holder of an authorisation under section 28A of the Act for the purposes of enabling the care, treatment or rehabilitation of sick, injured or orphaned wildlife. 12. Wildlife that is not self-sufficient (1) Unless specifically authorised by the Secretary a person must not— (a) buy, sell, dispose of, consign, convey or transport any wildlife that— (i) cannot feed itself; or r. 12 -- 12 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 9 (ii) if a flighted bird, is too young to fly, or if a flightless bird, is less than 4 weeks old; or (iii) if a mammal, is not fully weaned; or (iv) is obviously diseased or injured; or (v) is an egg; or (b) buy, sell, dispose of, consign, convey or transport any tortoise or turtle with a carapace length of less than 100 millimetres. Penalty: 20 penalty units. (2) Nothing in this regulation applies to any person who— (a) temporarily 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 of the Act for the purposes of enabling the care, treatment or rehabilitation of sick, injured or orphaned wildlife; or (b) is buying, selling, disposing of, consigning, conveying or transporting the eggs of any taxon of wildlife listed in Part A of Schedule 6; or (c) is buying, selling, disposing of, consigning, conveying or transporting any wildlife listed in Part C of Schedule 6 which 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 Producer Licence Type 3 who is buying, selling, disposing of, consigning, conveying or transporting the eggs of any wildlife listed in Schedule 8. r. 12 -- 13 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 10 13. Inter-breeding of wildlife (1) A person must not permit different taxa of wildlife to inter-breed unless those taxa of wildlife are known to inter-breed in the wild. Penalty: 20 penalty units. (2) A person must not sell or dispose of cross-breeds of wildlife unless those cross-breeds are known to occur in the wild. Penalty: 20 penalty units. (3) Nothing in this regulation applies to a person who inter-breeds the taxa of wildlife listed in Parts A and C of Schedule 6 with other taxa of wildlife listed in Parts A and C of Schedule 6 and who sells or disposes of the resultant cross-breeds. 14. Application for import and export permits A person applying for a permit under section 50(3) of the Act must— (a) complete the application form provided by the Secretary in respect of the purpose for which the permit is required; and (b) submit the form to the Secretary. 15. Notification of changes of name or address The holder of a wildlife licence, permit or authority issued under the Act must notify the Secretary in writing within 7 days of any change of name or address previously provided to the Secretary in relation to the licence, permit or authority. Penalty: 5 penalty units. r. 13 -- 14 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 11 16. Application for authorisation under section 28A A person applying under section 28A(4)(a) of the Act for an authorisation must— (a) complete the appropriate application form provided by the Secretary in respect of the purpose for which the authorisation is required; and (b) submit the form to the Secretary. __________________ r. 16 -- 15 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 12 PART 3—EXEMPTIONS 17. Persons exempt from operation of sections 41, 42, 43 and 44 of the Act A person who is 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, 42, 43 and 44 of the Act, to the extent that those sections relate to the destruction of wildlife. 18. Persons exempt from operation of section 43 of the Act 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 destruction of protected wildlife if that person— (a) destroys wildlife listed in Schedule 8— (i) that has been bred in captivity or is from a source approved by the Secretary; and (ii) in a licensed meat processing facility under the Meat Industry Act 1993; or (b) destroys wildlife listed in Part A or Part C of Schedule 6— (i) that has been bred in captivity or is from a source approved by the Secretary; and (ii) in a licensed meat processing facility under the Meat Industry Act 1993. r. 17 -- 16 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 13 19. Persons exempt from operation of section 47 of the Act (1) If a person keeps, possesses, buys, sells, displays or disposes of— (a) wildlife listed in Part A of Schedule 5; or (b) infertile eggs of wildlife listed in Schedule 8— the keeping, possessing, buying, selling, displaying or disposing of that wildlife by that person is exempt from the operation of section 47 of the Act, if the wildlife has been bred in captivity or is from a source approved by the Secretary, and if the keeping, possessing, buying, selling, displaying or disposing of that wildlife is not for the purposes of hunting. (2) If a person breeds— (a) wildlife listed in Part A of Schedule 5; or (b) infertile eggs of wildlife listed in Schedule 8— the breeding of that wildlife by that person is exempt from the operation of section 47 of the Act, if the wildlife is bred from specimens that have been bred in captivity or that are from a source approved by the Secretary, and if the breeding of that wildlife is not for the purposes of hunting. (3) If a person keeps or possesses wildlife listed in Part B of Schedule 5, the keeping or possessing of that wildlife by that person is exempt from the operation of section 47 of the Act, if the wildlife has been bred in captivity or is from a source approved by the Secretary. (4) If a person breeds wildlife listed in Part B of Schedule 5, the breeding of that wildlife by that person is exempt from the operation of section 47 r. 19 -- 17 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 14 of the Act, if the wildlife is bred from specimens that have been bred in captivity or that are from a source approved by the Secretary. (5) If a person buys, acquires, sells or disposes of wildlife listed in Part B of Schedule 5 and does not sell the wildlife from a shop or business premises, the buying, acquiring, selling or disposing of that wildlife by that person is exempt from the operation of section 47 of the Act, if the wildlife has been bred in captivity or is from a source approved by the Secretary. (6) If a person sells or disposes of wildlife listed in Part B of Schedule 5, the sale or disposal (as the case requires) is exempt from the operation of section 47 of the Act if (a) the wildlife is sold to the holder of a Wildlife Dealer Licence; and (b) the person selling the wildlife has had produced by the person acquiring the wildlife, proof of the acquirer's identity and of the Wildlife Dealer Licence he or she holds; and (c) the wildlife has been bred in captivity or is from a source approved by the Secretary. (7) If a person 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 6, the possessing, buying, selling, displaying, disposing of or processing (other than for the purposes of taxidermy) of that wildlife by that person is exempt from the operation of section 47 of the Act, if the wildlife has been bred in captivity or is from a source approved by the Secretary. r. 19 -- 18 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 15 (8) If a person breeds (other than for the purposes of taxidermy) wildlife listed in Part A or Part C of Schedule 6, the breeding (other than for the purposes of taxidermy) of that wildlife by that person is exempt from the operation of section 47 of the Act, if the wildlife is bred from specimens that have been bred in captivity or that are from a source approved by the Secretary. (9) If a person possesses game, the possessing of the game is exempt from the operation of section 47 of the Act, if the game has been taken, hunted and destroyed in accordance with a game licence and during the open season for that taxon of game. (10) If a person possesses, buys or sells— (a) parts of wildlife listed in Part B of Schedule 6 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, the possessing, buying or selling of that wildlife by that person is exempt from the operation of section 47 of the Act, 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. 20. Persons exempt from operation of sections 45, 46 and 47 of the Act (1) If a person temporarily possesses a specimen of sick, injured or abandoned wildlife for the purpose of transporting it to— (a) a registered veterinary practitioner; or r. 20 -- 19 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 16 (b) a person who is the holder of an authorisation under section 28A of the Act for the purposes of enabling the care, treatment or rehabilitation of sick, injured or orphaned wildlife— the possession of that wildlife for that purpose is exempt from the operation of sections 45, 46 and 47 of the Act. (2) If a person who is a registered veterinary practitioner possesses sick, injured or abandoned wildlife temporarily for the purpose of administering veterinary treatment to the wildlife, the possession of that wildlife for that purpose by that person is exempt from the operation of sections 45, 46 and 47 of the Act. (3) The Zoological Parks and Gardens Board established under the Zoological Parks and Gardens Act 1995 is exempt from the operation of sections 45, 46 and 47 of the Act. (4) If a person possesses wildlife, for the purposes of conveying and transporting it on behalf of, or at the request of, a holder of a wildlife licence and if the person has a letter of authorisation or delivery docket he or she has been given 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 (as shown in the relevant Schedule to these Regulations) of each taxon of wildlife that is being consigned; and r. 20 -- 20 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 17 (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— the possession of that wildlife for those purposes is exempt from the operation of sections 45, 46 and 47 of the Act. (5) If a person possesses cast or shed wildlife feathers, sloughed skins of reptiles or cast antlers of deer, the possession of that product by that person is exempt from the operation of section 47 of the Act. 21. Prescribed wildlife and wildlife products to which section 50(1) of the Act does not apply The following wildlife and wildlife products are prescribed for the purposes of section 50(1A) of the Act— (a) wildlife listed in Part A of Schedule 5; (b) parts of wildlife listed in Part B of Schedule 6 in any form; (c) the shells of eggs of emus (Dromaius novaehollandiae)— 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. __________________ r. 21 -- 21 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 18 PART 4—REGULATIONS APPLYING TO WILDLIFE LICENCES 22. Prescribed categories of licences For the purposes of section 22 of the Act, the prescribed categories of wildlife licences are— (a) Private Wildlife (Basic) Licence; (b) Private Wildlife (Advanced) Licence; (c) Private Wildlife (Specimen Category) Licence; (d) Commercial Wildlife (Wildlife Controller) Licence Type 1, in these Regulations referred to as Wildlife Controller Licence Type 1; (e) Commercial Wildlife (Wildlife Controller) Licence Type 2, in these Regulations referred to as Wildlife Controller Licence Type 2; (f) Commercial Wildlife (Wildlife Dealer) Licence Type 1, in these Regulations referred to as Wildlife Dealer Licence Type 1; (g) Commercial Wildlife (Wildlife Dealer) Licence Type 2, in these Regulations referred to as Wildlife Dealer Licence Type 2; (h) Commercial Wildlife (Wildlife Demonstrator) Licence, in these Regulations referred to as Wildlife Demonstrator Licence; (i) Commercial Wildlife (Wildlife Displayer) Licence, in these Regulations referred to as Wildlife Displayer Licence; r. 22 -- 22 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 19 (j) Commercial Wildlife (Wildlife Producer) Licence Type 1, in these Regulations referred to as Wildlife Producer Licence Type 1; (k) Commercial Wildlife (Wildlife Producer) Licence Type 2, in these Regulations referred to as Wildlife Producer Licence Type 2; (l) Commercial Wildlife (Wildlife Producer) Licence Type 3, in these Regulations referred to as Wildlife Producer Licence Type 3; (m) Commercial Wildlife (Wildlife Taxidermist) Licence Type 1, in these Regulations referred to as Wildlife Taxidermist Licence Type 1; (n) Commercial Wildlife (Wildlife Taxidermist) Licence Type 2, in these Regulations referred to as Wildlife Taxidermist Licence Type 2; (o) Assistant's Licence. 23. Application for the issue, renewal or variation of a wildlife licence A person applying for the issue of a wildlife licence, the renewal or variation of a wildlife licence or the re-issue of a lost or damaged wildlife licence, must supply all the information required to complete the form provided by the Secretary including, if so required by the Secretary, the following details— (a) a plan of the area applied for showing all buildings, fences, yards, shelters, watering and feeding facilities; r. 23 -- 23 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 20 (b) the 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; (c) a list of the taxa of any wildlife to be destroyed by being released for hunting; (d) in the case of a person who is less than 18 years of age and who applies for a Private Wildlife (Basic) Licence or a Private Wildlife (Advanced) Licence, the written and signed consent of that person's parent or legal guardian; (e) in the case of a person who is less than 18 years of age and who applies for a Private Wildlife (Advanced) Licence including the possession of the venomous snakes listed in Part B of Schedule 4, documentation that demonstrates that the applicant understands the handling of those venomous snakes. 24. Specified premises (1) It is a condition of a specified wildlife licence that the holder of the licence must not keep any wildlife he or she possesses at any premises that is not specified in the licence unless that person has obtained the written approval of the Secretary to keep the wildlife at premises not so specified. (2) The approval of the Secretary under sub- regulation (1) must be obtained before wildlife is kept at a premises that is not specified in the licence. (3) In sub-regulation (1), "specified wildlife licence" means a wildlife licence that is not— (a) a Wildlife Demonstrator Licence; or r. 24 -- 24 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 21 (b) a Wildlife Controller Licence Type 1 or 2; or (c) a Wildlife Displayer Licence; or (d) a Wildlife Producer Licence Type 3. 25. 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 wildlife is listed in any Schedule; or (c) 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. (2) The Secretary may specify the type of mark to be used for marking the wildlife. (3) A person who possesses wildlife which the Secretary has directed to be marked must— (a) mark the wildlife with the mark provided by the Secretary using a method approved by the Secretary; and (b) ensure the wildlife remains marked while that wildlife is in his or her possession. Penalty: 20 penalty units. 26. Wildlife to be bought, sold or disposed of only at specified premises The holder of a wildlife licence must not buy, sell or dispose of wildlife except from the premises specified on one of the licences of the parties involved in the buying, selling or disposing of the wildlife, unless the transaction is— r. 25 -- 25 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 22 (a) specifically approved by the Secretary in writing; or (b) with an exempt person. Penalty: 20 penalty units. 27. Records and returns (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 complete, accurate, legible and up-to-date entries in the record book supplied by the Secretary. Penalty: 20 penalty units. (3) The holder of a wildlife licence must make each entry in the record book as soon as practicable after any occurrence of an event that is required by the Secretary to be entered into the record book. Penalty: 20 penalty units. (4) The holder of a wildlife licence must produce the record book for inspection when requested by an authorised officer. Penalty: 20 penalty units. (5) The holder of a wildlife licence must surrender a record book or return form at the written direction of the Secretary. Penalty: 20 penalty units. (6) The holder of a wildlife licence must pay the administration fee of $10 for additional record books or return forms if the record books or return forms have been lost or damaged. Penalty: 20 penalty units. r. 27 -- 26 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 23 (7) The holder of a wildlife licence must enter clearly and legibly and in ink all the information required by the Secretary into the record book. Penalty: 20 penalty units. (8) The holder of a wildlife licence in the event of the theft of any wildlife must ensure that— (a) the theft is recorded in the record book; and (b) a copy of the police report is retained; and (c) the copy of the police report is shown to an authorised officer when requested. Penalty: 20 penalty units. (9) The holder of a wildlife licence must send all return forms to the Secretary at the times specified in the licence. Penalty: 20 penalty units. (10) The holder of a wildlife licence must ensure that— (a) return forms are completed clearly, accurately and legibly and in ink using a return form supplied by the Secretary; and (b) a legible and accurate copy of each return form is kept by the licence holder and shown to an authorised officer upon request. Penalty: 20 penalty units. (11) 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: 20 penalty units. r. 27 -- 27 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 24 (12) The holder of a wildlife licence must notify the Secretary in writing immediately upon becoming aware of the loss of or damage to any record book, return form, or copy of a return form. Penalty: 20 penalty units. (13) The holder of a wildlife licence must not remove, or permit to be removed, any page from any record book or from any collection of return forms unless authorised by the licence. Penalty: 20 penalty units. (14) The holder of a wildlife licence must not deface, erase, or obliterate, or permit any person to deface, erase, or obliterate any entry in a record book or return form or copy of a return form. Penalty: 20 penalty units. 28. Condition of wildlife licence to report theft It is a condition of every wildlife licence that the holder of the licence must report the theft of any wildlife to the Police within 48 hours of becoming aware of the theft. __________________ r. 28 -- 28 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 25 PART 5—PRIVATE WILDLIFE LICENCES 29. Entitlements of a Private Wildlife (Basic) Licence A Private Wildlife (Basic) Licence authorises the holder of that licence to possess, keep, breed, buy, sell and dispose of wildlife listed in Schedules 3 and 8 for recreational purposes. 30. Entitlements of a Private Wildlife (Advanced) Licence A Private Wildlife (Advanced) Licence authorises the holder of that licence to possess, keep, breed, buy, sell and dispose of wildlife listed in Schedules 3, 4 and 8 for recreational purposes. 31. Conditions of any Private Wildlife (Basic) Licence and any Private Wildlife (Advanced) Licence It is a condition of any Private Wildlife (Basic) Licence and of any Private 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 obtaining the prior written approval of the Secretary; or (b) sell or dispose of wildlife from a shop or business premises; or (c) buy or acquire wildlife from a person unless that person— (i) holds an appropriate 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 the approval of the Secretary; or r. 29 -- 29 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 26 (d) sell or dispose of wildlife to a person unless that person— (i) holds an appropriate wildlife licence that authorises that person to buy or acquire that wildlife; or (ii) is an exempt person for the purposes of buying or acquiring any such wildlife; or (iii) has the approval of the Secretary; or (e) in the case of wildlife listed in Schedule 8, sell or dispose of that wildlife to any person unless that person is— (i) the holder of a Private Wildlife (Basic) Licence; or (ii) the holder of a Private Wildlife (Advanced) Licence; or (iii) a person approved in writing by the Secretary; or (f) possess or keep more than 10 specimens of wildlife listed in Schedule 8, other than specimens of those wildlife that are less than four weeks old or the eggs of those wildlife. 32. Entitlements of a Private Wildlife (Specimen Category) Licence A Private Wildlife (Specimen Category) Licence authorises the licence holder to possess, keep, buy, sell and dispose of prepared or mounted specimens of dead wildlife for recreational purposes. r. 32 -- 30 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 27 33. Conditions of a Private Wildlife (Specimen Category) Licence It is a condition of a Private Wildlife (Specimen Category) Licence that the licence holder must— (a) notify the Secretary in writing of the following details within 14 days of buying, acquiring, selling or disposing of any wildlife held under the licence— (i) the taxon of the wildlife bought, sold or disposed of; and (ii) the number of specimens of wildlife of each taxon bought, sold or disposed of; and (iii) the identification number of the mark belonging to each wildlife specimen bought, sold or disposed of that is marked; and (iv) the licence number, name and address of any person to whom the wildlife being bought, sold or disposed of is being or has been transferred from or to; and (v) if not sold or disposed of to a licence holder, the means of disposal of the wildlife; and (b) not buy or acquire wildlife from a person unless that person— (i) holds an appropriate 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 the approval of the Secretary; and r. 33 -- 31 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 28 (c) not sell or dispose of wildlife to a person unless that person— (i) holds an appropriate wildlife licence that authorises that person to buy or acquire that wildlife; or (ii) is an exempt person for the purposes of buying or acquiring any such wildlife; or (iii) has the approval of the Secretary. __________________ r. 33 -- 32 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 29 PART 6—COMMERCIAL WILDLIFE LICENCES Division 1—Wildlife Controller Licences 34. Entitlements of a Wildlife Controller Licence Type 1 A Wildlife Controller Licence Type 1 authorises the licence holder to take wildlife from the wild and to destroy, dispose of or sell that wildlife in accordance with the conditions of the licence for the purpose of removing danger to persons or property from that wildlife. 35. Entitlements of a Wildlife Controller Licence Type 2 A Wildlife Controller Licence Type 2 authorises the licence holder to take reptiles listed in Schedule 7 from the wild and to dispose of or destroy those reptiles in accordance with the conditions of the licence for the purpose of removing danger to persons from reptiles. 36. Conditions of any Wildlife Controller Licence Type 1 and any Wildlife Controller Licence Type 2 (1) It is a condition of any Wildlife Controller Licence Type 1 and of any Wildlife Controller Licence Type 2 that the licence holder must— (a) not take or destroy wildlife on particular land without the consent of the owner or occupier of that land; and (b) only take or destroy those taxa listed in Schedule 7 and specified in the licence; and (c) use only the type of equipment specified in the licence for taking or destroying wildlife; and (d) only sell or dispose of wildlife to the persons or organisations specified in the licence or as approved in writing by the Secretary; and r. 34 -- 33 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 30 (e) only dispose of wildlife carcases in the manner specified in the licence; and (f) ensure that the owner or occupier of the land who employs the licence holder to take or destroy wildlife listed in Schedule 7, 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 (ii) the licence holder is only taking or destroying Common Brush-tail Possums which are causing damage or creating a nuisance to a residential or commercial building; or (iii) the licence holder is only taking or destroying reptiles; and (g) not display wildlife to the public either directly or indirectly, nor display to the public the operations undertaken in accordance with the licence; and (h) not employ any person to undertake any activities involving wildlife for which a licence is required on behalf of the licence holder unless that person is the holder of a relevant Assistant's Licence; and (i) ensure that the holder of a relevant Assistant's Licence is fully aware of the precise activities which he or she can undertake on behalf of the licence holder. (2) In this regulation "holder of a relevant Assistant's Licence", in relation to the holder of a Wildlife Controller Licence Type 1 or a Wildlife Controller Licence Type 2, means the holder of an Assistant's Licence in which the name and number r. 36 -- 34 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 31 of the holder of the Wildlife Controller Licence is specified. 37. Condition of a Wildlife Controller Licence Type 1 which authorises the taking of certain birds from the wild It is a condition of every Wildlife Controller Licence Type 1 which authorises the taking of Sulphur-crested Cockatoos, Galahs and Long- billed Corellas from the wild for sale or disposal that the licence holder must— (a) in the case of any bird taken under the licence, place a mark provided by the Secretary on the bird at the place at which the bird is taken and must not move the bird or allow the bird to be moved from that site until so marked; and (b) pay to the Secretary the appropriate royalty specified in regulation 57 for each bird taken. Division 2—Wildlife Dealer Licences 38. Entitlements of a Wildlife Dealer Licence Type 1 A Wildlife Dealer Licence Type 1 authorises the licence holder to possess, keep, breed, buy, sell and dispose of the taxa of wildlife listed in Schedules 3 and 5 for the purposes of dealing in such wildlife. 39. Entitlements of a Wildlife Dealer Licence Type 2 A Wildlife Dealer Licence Type 2 authorises the holder to possess, keep, breed, buy, sell and dispose of the taxa of wildlife listed in Schedule 3, Part A of Schedule 4 and Schedules 5 and 8 for the purposes of dealing in such wildlife. r. 37 -- 35 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 32 40. Conditions of any Wildlife Dealer Licence Type 1 and any Wildlife Dealer Licence Type 2 (1) It is a condition of any Wildlife Dealer Licence Type 1 and of any Wildlife Dealer Licence Type 2 that the licence holder must— (a) possess, keep, buy, sell and dispose of only living wildlife; and (b) display at all times on each enclosure at the premises specified in the licence which contains wildlife, 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; and (ii) the details of the category of licence that must be held by any purchaser of that wildlife; and (c) provide to each person who buys or accepts wildlife from the licence holder, printed information that has been approved by the Secretary that outlines the requirements for the proper feeding, care, housing and welfare of the taxa of wildlife bought or accepted; and (d) not charge a fee for the display of wildlife to the public; and (e) despite paragraph (a) in the case of wildlife which dies while in the possession of the licence holder only— (i) sell or dispose of the dead wildlife to the holder of a Wildlife Taxidermist Type 2; or (ii) dispose of the dead wildlife by incineration or burial; and r. 40 -- 36 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 33 (f) not employ any person to undertake any activities involving wildlife for which a licence is required on behalf of the licence holder unless that person is the holder of a relevant Assistant's Licence; and (g) ensure that the holder of a relevant Assistant's Licence is fully aware of the precise activities which he or she can undertake on behalf of the licence holder; and (h) not buy or acquire wildlife from a person unless that person— (i) holds an appropriate 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 the approval of the Secretary; and (i) not buy or acquire wildlife listed in Part B of Schedule 5 from a person unless that person produces proof of his or her identity; and (j) when buying wildlife listed in Part B of Schedule 5, enter all details of the transaction onto the form approved for that purpose by the Secretary; and (k) not sell or dispose of wildlife to a person unless that person— (i) holds an appropriate wildlife licence that authorises that person to buy or acquire that wildlife; or r. 40 -- 37 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 34 (ii) is an exempt person for the purposes of buying or acquiring any such wildlife; or (iii) has the approval of the Secretary. (2) Despite sub-regulation (1)(f), a person who cares for wildlife on behalf of the licence holder may do so without an Assistant's Licence if the person is acting under the immediate supervision of the licence holder or the holder of an Assistant's Licence. (3) The holder of a Wildlife Dealer Licence Type 1 or a Wildlife Dealer Licence Type 2 may display the wildlife referred to in regulations 38 and 39 to the public at premises other than those specified in the licence for the purpose of promoting the licence holder's business, after having obtained written approval from the Secretary. (4) In this regulation "holder of a relevant Assistant's Licence", in relation to the holder of a Wildlife Dealer Licence Type 1 or a Wildlife Dealer Licence Type 2, means the holder of an Assistant's Licence in which the name and number of the holder of the Wildlife Dealer Licence is specified. Division 3—Wildlife Demonstrator Licences 41. Entitlements of a Wildlife Demonstrator Licence A Wildlife Demonstrator Licence authorises the licence holder— (a) for the purpose of promoting an understanding of the ecology and conservation of wildlife, to display any taxon of wildlife listed in Schedule 3, 4 or 5 or specified by the Secretary in the licence— r. 41 -- 38 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 35 (i) to the public in travelling displays or demonstrations or other temporary displays or demonstrations; and (ii) at any location within Victoria; and (b) to provide wildlife of any taxon listed in Schedule 3, 4 or 5, or specified by the Secretary in the licence, for use in commercial films with, in the case of each use, the prior written approval of the Secretary; and (c) for the purposes of paragraph (a) or (b), to possess, keep, buy, sell or dispose of any such wildlife. 42. Conditions of a Wildlife Demonstrator Licence (1) It is a condition of a Wildlife Demonstrator Licence that the licence holder must— (a) in the case of a licence issued for more than three months, give at least 5 demonstrations involving wildlife to the public in each six month period ending on 31 March and 30 September in each year; and (b) not possess more than 10 self sufficient specimens and progeny of those specimens which are not self sufficient, of any one taxon of wildlife bird, wildlife mammal, wildlife reptile or adult wildlife amphibian; and (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; and r. 42 -- 39 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 36 (d) obtain prior written approval from the Secretary to accept as a gift, wildlife from any person unless that person— (i) holds an appropriate 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; and (e) in the case of wildlife which dies while in the possession of the licence holder only— (i) sell or dispose of the dead wildlife to the holder of a Wildlife Taxidermist Licence Type 2; or (ii) dispose of the dead wildlife by incineration or burial; or (iii) retain the dead wildlife; and (f) display wildlife in circumstances that minimise the chance of escape of any wildlife; and (g) display wildlife in circumstances that minimise the risk of injury to any person; and (h) not allow dangerous or venomous wildlife to be handled by persons other than the licence holder or a person who is the holder of a relevant Assistant's Licence, without obtaining the prior written approval of the Secretary; and (i) ensure that wildlife held in conjunction with this licence is under the direct supervision of the licence holder or a person who is the holder of a relevant Assistant's Licence at all times while the wildlife is being demonstrated; and r. 42 -- 40 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 37 (j) not employ any person to undertake any activities involving wildlife for which a licence is required on behalf of the licence holder unless that person is the holder of a relevant Assistant's Licence; and (k) ensure that the holder of a relevant Assistant's Licence is fully aware of the precise activities which he or she can undertake on behalf of the licence holder; and (l) not buy or acquire wildlife from a person unless that person— (i) holds an appropriate 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 the approval of the Secretary; and (m) not sell or dispose of wildlife to a person unless that person— (i) holds an appropriate wildlife licence that authorises that person to buy or acquire that wildlife; or (ii) is an exempt person for the purposes of buying or acquiring any such wildlife; or (iii) has the approval of the Secretary. (2) In this regulation "holder of a relevant Assistant's Licence", in relation to the holder of a Wildlife Demonstrator Licence, means the holder of an Assistant's Licence in which the name and number of the holder of the Wildlife Demonstrator Licence is specified. r. 42 -- 41 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 38 Division 4—Wildlife Displayer Licences 43. Entitlements of a Wildlife Displayer Licence A Wildlife Displayer Licence authorises the licence holder— (a) for the purposes of promoting conservation of or providing education about wildlife, to display 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) any 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; and (b) to provide wildlife for use in commercial films with the prior written approval of the Secretary; and (c) for the purposes of paragraph (a) or (b), to possess, keep, breed, sell, buy or dispose of wildlife. 44. Conditions of a Wildlife Displayer Licence (1) It is a condition of every Wildlife Displayer Licence that the licence holder must— (a) 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 six month period ending on 31 March and 30 September in each year; and r. 43 -- 42 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 39 (b) immediately, clearly, legibly and in ink, enter the date and time of opening and closing of public access to the display in a log book or diary kept solely for this purpose; and (c) obtain prior written approval from the Secretary to accept as a gift wildlife from any person unless that person— (i) holds an appropriate 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; and (d) in the case of wildlife which dies while in the possession of the licence holder only— (i) sell or dispose of the dead wildlife to the holder of a Wildlife Taxidermist Licence Type 2; or (ii) dispose of the dead wildlife by incineration or burial; or (iii) retain the dead wildlife; and (e) 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; and (f) display wildlife in circumstances that minimise the chance of escape of any wildlife; and (g) display wildlife in circumstances that minimise the risk of injury to any person; and r. 44 -- 43 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 40 (h) not allow dangerous or venomous wildlife to be handled by persons other than the licence holder or a person who is the holder of a relevant Assistant's Licence without obtaining the prior written approval of the Secretary; and (i) ensure that the wildlife display is under the direct supervision of the licence holder or a person who is the holder of a relevant Assistant's Licence at all times whilst the display is open to the public; and (j) not employ any person to undertake any activities involving wildlife for which a licence is required on behalf of the licence holder unless that person is the holder of a relevant Assistant's Licence; and (k) ensure that the holder of a relevant Assistant's Licence is fully aware of the precise activities which he or she can undertake on behalf of the licence holder; and (l) not buy or acquire wildlife from a person unless that person— (i) holds an appropriate 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 the approval of the Secretary; and (m) not sell or dispose of wildlife to a person unless that person— (i) holds an appropriate wildlife licence that authorises that person to buy or acquire that wildlife; or r. 44 -- 44 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 41 (ii) is an exempt person for the purposes of buying or acquiring any such wildlife; or (iii) has the approval of the Secretary; and (n) obtain the approval of the Secretary to any new enclosures or any change to an existing enclosure that might impact on the welfare of the wildlife, before commencing construction of that enclosure. (2) Despite sub-regulation (1)(j), a person who cares for wildlife on behalf of the licence holder may do so without an Assistant's Licence if the person is acting under the immediate supervision of the licence holder or the holder of an Assistant's Licence. (3) In this regulation "holder of a relevant Assistant's Licence", in relation to the holder of a Wildlife Displayer Licence, means the holder of an Assistant's Licence in which the name and number of the holder of the Wildlife Displayer Licence is specified. Division 5—Wildlife Producer Licences 45. Entitlements of a Wildlife Producer Licence Type 1 A Wildlife Producer Licence Type 1 authorises the licence holder, for the purposes of hunting, to possess, keep, breed, buy, sell, dispose of and destroy, any birds that are of a taxon of wildlife listed in Part A of Schedule 6 and that have been bred in captivity for the purpose of hunting. 46. Entitlements of a Wildlife Producer Licence Type 2 A Wildlife Producer Licence Type 2 authorises the licence holder to possess, keep, buy, sell, dispose of, and process dead wildlife, if the wildlife is— r. 45 -- 45 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 42 (a) of the taxa listed in Part B of Schedule 6 and has been obtained from a source approved in writing for the purpose by the Secretary; or (b) of the taxa listed in Schedule 8 and has been obtained from the holder of a Wildlife Producer Licence Type 3— for the purpose of providing wildlife products for sale. 47. Entitlements of a Wildlife Producer Licence Type 3 A Wildlife Producer Licence Type 3 authorises the licence holder for the purpose of farming any wildlife that is of the taxa listed in Schedule 8 to— (a) possess, keep, breed, buy, sell, dispose of, display, destroy and process any wildlife that is of the taxa listed in Schedule 8 and that is 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 8 and that is specified in the licence to any person; and (c) display any wildlife that is of the taxa listed in Schedule 8 and that is specified in the licence at sites other than the premises specified in the licence. 48. Conditions of a Wildlife Producer Licence Type 1 (1) It is a condition of a Wildlife Producer Licence Type 1 that the licence holder must— (a) not process for the purpose of preparing and mounting, or restoring, parts or complete specimens of wildlife in a manner which could be regarded as taxidermy; and r. 47 -- 46 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 43 (b) not rent, hire, or use for promotional purposes, parts or complete specimens of wildlife other than at the premises specified in the licence; and (c) ensure that any person hunting game on the premises specified in the licence is the holder of an appropriate current licence to hunt that game under the Wildlife (Game) Regulations 2001; and (d) ensure that the hunting area of the premises specified in the licence is under the direct supervision of the licence holder or the holder of a relevant Assistant's Licence at all times while any activities relating to hunting are taking place; and (e) ensure that the wildlife has been bred and raised by the licence holder or has been bred in captivity; and (f) not employ any person to undertake any activities involving wildlife for which a licence is required on behalf of the licence holder unless that person is the holder of a relevant Assistant's Licence; and (g) ensure that the holder of a relevant Assistant's Licence is fully aware of the precise activities which he or she can undertake on behalf of the licence holder; and (h) not buy or acquire wildlife from a person unless that person— (i) holds an appropriate wildlife licence that authorises that person to sell or dispose of that wildlife; or r. 48 -- 47 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 44 (ii) is an exempt person for the purposes of selling or disposing of any such wildlife; or (iii) has the approval of the Secretary; and (i) not sell or dispose of wildlife to a person unless that person— (i) holds an appropriate wildlife licence that authorises that person to buy or acquire that wildlife; or (ii) is an exempt person for the purposes of buying or acquiring any such wildlife; or (iii) has the approval of the Secretary; and (j) not hunt in an area in the premises specified in the licence that is less than 100 hectares; and (k) not release wildlife for hunting other than in accordance with regulation 45. (2) Despite sub-regulation (1)(f), a person who cares for wildlife on behalf of the licence holder may do so without an Assistant's Licence if the person is acting under the immediate supervision of that licence holder or the holder of an Assistant's Licence. (3) In this regulation "holder of a relevant Assistant's Licence", in relation to the holder of a Wildlife Producer Licence Type 1, means the holder of an Assistant's Licence in which the name and number of the holder of the Wildlife Producer Licence is specified. r. 48 -- 48 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 45 49. Conditions of a Wildlife Producer Licence Type 2 (1) It is a condition of a Wildlife Producer Licence Type 2 that the licence holder must— (a) not process for the purpose of preparing and mounting, or restoring, parts or complete specimens of wildlife in a manner which could be regarded as taxidermy; and (b) not rent, hire, or use for promotional purposes, parts or complete specimens of wildlife; and (c) ensure that the wildlife has been bred in captivity or taken in accordance with this Act or the relevant law of another State or Territory of the Commonwealth; and (d) not employ any person to undertake any activities involving wildlife for which a licence is required on behalf of the licence holder unless that person is the holder of a relevant Assistant's Licence; and (e) ensure that the holder of a relevant Assistant's Licence is fully aware of the precise activities which he or she can undertake on behalf of the licence holder; and (f) not buy or acquire wildlife from a person unless that person— (i) holds an appropriate 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 the approval of the Secretary; and r. 49 -- 49 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 46 (g) not sell or dispose of wildlife to a person unless that person— (i) holds an appropriate wildlife licence that authorises that person to buy or acquire that wildlife; or (ii) is an exempt person for the purposes of buying or acquiring any such wildlife; or (iii) has the approval of the Secretary. (2) In this regulation "holder of a relevant Assistant's Licence", in relation to the holder of a Wildlife Producer Licence Type 2, means the holder of an Assistant's Licence in which the name and number of the holder of the Wildlife Producer Licence is specified. 50. Conditions of a Wildlife Producer Licence Type 3 (1) It is a condition of a Wildlife Producer Licence Type 3 that the licence holder must— (a) not process for the purpose of preparing and mounting, or restoring, parts or complete specimens of wildlife in a manner which could be regarded as taxidermy; and (b) not rent or hire parts or complete specimens of wildlife; and (c) not buy or acquire wildlife from any person other than— (i) the holder of a Wildlife Producer Licence Type 3; or (ii) the holder of a Wildlife Dealer Licence Type 2— unless the licence holder has the prior written approval of the Secretary; and r. 50 -- 50 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 47 (d) not sell or dispose of wildlife to any person other than— (i) the holder of a Wildlife Producer Licence Type 3; or (ii) the holder of a Wildlife Dealer Licence Type 2; or (iii) the holder of a Wildlife Producer Licence Type 2 or a Wildlife Taxidermist Licence Type 2 if the wildlife is dead; or (iv) the holder of a Private Wildlife (Basic) Licence or Private Wildlife (Advanced) Licence; or (v) an exempt person for the purposes of buying or acquiring any such wildlife— unless the licence holder has the prior written approval of the Secretary; and (e) ensure that the premises specified in the licence are under the direct supervision of the licence holder or the holder of a relevant Assistant's Licence at all times while any activities relating to destroying and processing of wildlife are taking place; and (f) not employ any person to undertake any activities involving wildlife for which a licence is required on behalf of the licence holder unless that person is the holder of a relevant Assistant's Licence; and (g) ensure that the holder of a relevant Assistant's Licence is fully aware of the precise activities which he or she can undertake on behalf of the licence holder; and r. 50 -- 51 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 48 (h) ensure that wildlife are held in enclosures and at stocking densities that comply with the minimum requirements, if any, that are specified in the licence; and (i) ensure that any wildlife destroyed under the licence is destroyed humanely so as to cause sudden and painless death; and (j) 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, are not disturbed by those activities. (2) In this regulation "holder of a relevant Assistant's Licence", in relation to the holder of a Wildlife Producer Licence Type 3, means the holder of an Assistant's Licence in which the name and number of the holder of the Wildlife Producer Licence is specified. Division 6—Wildlife Taxidermist Licences 51. Entitlements of a Wildlife Taxidermist Licence Type 1 A Wildlife Taxidermist Licence Type 1 authorises the licence holder— (a) to possess, keep, buy, sell, dispose of and process for the purpose of preserving, preparing and mounting, and restoring, parts or complete specimens of the dead wildlife that are of the taxa listed in Parts A and C of Schedule 6 for the purpose of preserving specimens of those taxa of wildlife and; (b) to provide parts or complete specimens of dead wildlife that are of the taxa listed in Parts A and C of Schedule 6 for use in commercial films or theatrical productions r. 51 -- 52 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 49 with the prior written approval of the Secretary. 52. Entitlements of a Wildlife Taxidermist Licence Type 2 A Wildlife Taxidermist Licence Type 2 authorises the licence holder— (a) to possess, keep, buy, sell, dispose of and process for the purpose of preserving, preparing and mounting, and restoring, parts or complete specimens of dead wildlife— (i) that are of the taxa listed in Schedules 3, 4 and 5; or (ii) that are of the taxa listed in Schedule 8 and that are obtained from the holder of a Wildlife Producer Licence Type 3; or (iii) that are approved in writing by the Secretary— for the purposes of preserving specimens of those taxa of wildlife; and (b) to provide parts or complete specimens of dead wildlife that are of the taxa referred to in paragraph (a)(i) and (ii) or approved in writing by the Secretary for use in commercial films or theatrical productions with the prior written approval of the Secretary. 53. Conditions of any Wildlife Taxidermist Licence Type 1 and any Wildlife Taxidermist Licence Type 2 (1) It is a condition of any Wildlife Taxidermist Licence Type 1 or any Wildlife Taxidermist Licence Type 2 that the licence holder must— (a) not charge a fee for the display of wildlife to the public; and r. 52 -- 53 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 50 (b) not employ any person to undertake any activities involving wildlife for which a licence is required on behalf of the licence holder unless that person is the holder of a relevant Assistant's Licence; and (c) ensure that the holder of a relevant Assistant's Licence is fully aware of the precise activities which he or she can undertake on behalf of the licence holder; and (d) not buy or acquire wildlife from a person unless that person— (i) holds an appropriate 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 the approval of the Secretary; and (e) not sell or dispose of wildlife to a person unless that person— (i) holds an appropriate wildlife licence that authorises that person to buy or acquire that wildlife; (ii) is an exempt person for the purposes of buying or acquiring any such wildlife; or (iii) has the approval of the Secretary. (2) The holder of any Wildlife Taxidermist Licence Type 1 or any Wildlife Taxidermist Licence Type 2 may display the wildlife referred to in regulations 51 and 52 to the public at premises other than those specified in the licence for the purpose of promoting the licence holder's r. 53 -- 54 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 51 business, after having obtained written approval from the Secretary. (3) In this regulation "holder of a relevant Assistant's Licence", in relation to the holder of a Wildlife Taxidermist Licence Type 1 or Wildlife Taxidermist Licence Type 2, means the holder of an Assistant's Licence in which the name and number of the holder of the Wildlife Taxidermist Licence is specified. Division 7—General 54. Displaying of signs of condition of certain Commercial Wildlife Licences It is a condition of a Commercial Wildlife Licence, except a Wildlife Controller Licence Type 1 or a Wildlife Controller Licence Type 2, 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 (ii) "Wildlife may not be taken from the wild without a licence, permit or authority issued under the Wildlife Act 1975"; and (b) ensure that signs which are required by paragraph (a)— (i) are positioned at all entrances 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 r. 54 -- 55 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 52 (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 of a permanent nature; and (v) are maintained in good condition so that they are easily readable at all times. __________________ r. 54 -- 56 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 53 PART 7—ASSISTANT'S LICENCE 55. Assistant's Licence (1) An Assistant's Licence authorises a person who is the employee of the holder of a Commercial Wildlife Licence to undertake any activity authorised by the Commercial Wildlife Licence held by the employer, except taking wildlife from the wild, while engaging in conduct within the scope of his or her actual or apparent authority as an employee of that licence holder. (2) It is a condition of every Assistant's Licence that the licence holder must— (a) only undertake activities involving wildlife on behalf of the holder of the Commercial Wildlife Licence whose name and licence number are specified on the Assistant's Licence; and (b) notify the Secretary in writing and return the Assistant's Licence when the licence holder ceases to be an assistant to the holder of the Commercial Wildlife Licence whose name and licence number are specified on the Assistant's Licence; and (c) return the Assistant's Licence to the Secretary if the Commercial Wildlife Licence of the licence holder whose name and licence number are specified in the Assistant's Licence expires, is suspended or is cancelled under Part 3 of the Act. (3) An Assistant's Licence ceases if the Commercial Wildlife Licence of the licence holder whose name and licence number are specified in the Assistant's Licence, expires, is suspended or is cancelled under Part 3 of the Act. __________________ r. 55 -- 57 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 54 PART 8—FEES 56. Licence fees For the purposes of section 22(4) of the Act the prescribed fee for a category of wildlife licence and, where the case so requires, period of time set out in Column 1 of each of the following Tables is the fee set out opposite that category and, where the case so requires, period of time in Column 2 of those Tables— TABLE 1 Column 1 Licence Category Column 2 Annual Fee Private Wildlife (Basic) Licence $44 Private Wildlife (Advanced) Licence $120 Commercial Wildlife (Wildlife Dealer) Licence Type 1 $600 Commercial Wildlife (Wildlife Dealer) Licence Type 2 $1500 Commercial Wildlife (Wildlife Taxidermist) Licence Type 1 $200 Commercial Wildlife (Wildlife Taxidermist) Licence Type 2 $600 Commercial Wildlife (Wildlife Controller) Licence Type 1 $500 Commercial Wildlife (Wildlife Controller) Licence Type 2 $100 Commercial Wildlife (Wildlife Displayer) Licence $650 Commercial Wildlife (Wildlife Producer) Licence Type 1 $500 Commercial Wildlife (Wildlife Producer) Licence Type 2 $500 Assistant's Licence $20 r. 56 -- 58 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 55 TABLE 2 Column 1 Licence Category Column 2 Fee Private Wildlife (Specimen Category) Licence 3 year Licence $20 Commercial Wildlife (Wildlife Demonstrator) Licence— Three month Licence $100 One year Licence $300 Commercial Wildlife (Wildlife Producer) Licence Type 3— One year Licence $250 Licence for less than one year, for each month or part of a month $21 Licence Variation Fee $20 __________________ r. 56 -- 59 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 56 PART 9—ROYALTIES 57. Royalties For the purposes of regulation 37, 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 __________________ r. 57 -- 60 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 57 PART 10—TRANSITIONAL PROVISIONS 58. Transitional provisions (1) A person who immediately before the commencement of these Regulations was the holder of— (a) a Private Wildlife (Category One) Licence; or (b) a Private Wildlife (Category Two) Licence— is deemed to hold, subject to these Regulations, a Private Wildlife (Basic) Licence until the date on which the Private Wildlife (Category One) Licence or Private Wildlife (Category Two) Licence would have expired if the Wildlife Regulations 1992, as in force immediately before the commencement of these Regulations, had continued in operation. (2) A person who immediately before the commencement of these Regulations was the holder of a Private Wildlife (Category Three) Licence is deemed to hold, subject to these Regulations, a Private Wildlife (Advanced) Licence until the date on which the Private Wildlife (Category Three) Licence would have expired if the Wildlife Regulations 1992, as in force immediately before the commencement of these Regulations, had continued in operation. __________________ r. 58 -- 61 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 58 SCHEDULES SCHEDULE 1 Regulation 4 REGULATIONS REVOKED S.R. No. Title 161/1992 Wildlife Regulations 1992 337/1992 Wildlife (Amendment) Regulations 1992 30/1994 Wildlife (Amendment) Regulations 1994 58/1994 Wildlife (Emu Farming) Regulations 1994 60/1996 Wildlife (Emu Farming) Regulations 1996 134/1997 Wildlife (Amendment) Regulations 1997 22/1998 Wildlife (Amendment) Regulations 1998 1/2001 Wildlife (Amendment) Regulations 2001 __________________ Sch. 1 -- 62 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 59 SCHEDULE 2 Regulation 7 AREAS OF PUBLIC LAND PRESCRIBED FOR THE PURPOSES OF SECTION 48A OF THE ACT Phillip Island Nature Park being the land reserved or deemed to be reserved under the Crown Land (Reserves) Act 1978 more particularly described as follows (a) Crown Allotments 4C, 5A and 11B, Parish of Phillip Island, being land temporarily reserved for public purposes by Order in Council dated 3 September 1996 and published in Government Gazette G35 dated 5 September 1996; and (b) Crown Allotments 11A, 130A and 149A, Parish of Phillip Island, being land permanently reserved for public purposes by Order in Council dated 21 October 1878 and published in Government Gazette 110 dated 25 October 1878; and (c) Crown Allotment 147A, Parish of Phillip Island, being land deemed to have been temporarily reserved for conservation of an area of natural interest, beauty or ecological significance under section 5(7) of the Crown Land (Reserves) Act 1978; and (d) Crown Allotment 151A, Parish of Phillip Island, being land temporarily reserved for public purposes by Order in Council dated 3 March 1942 and published in Government Gazette 78 dated 4 March 1942; and (e) Crown Allotment 149B, Parish of Phillip Island, being land permanently reserved for public purposes by Order in Council dated 23 April 1929 and published in Government Gazette 44 dated 1 May 1929; and (f) Crown Allotment 94C, Parish of Phillip Island, being land temporarily reserved for public purposes by Order in Council dated 30 April 1957 and published in Government Gazette 160 dated 8 May 1957; and (g) Crown Allotment 15D, Section A, Parish of Phillip Island, being land temporarily reserved for water supply by Order in Council dated 31 July 1939 and published in Government Gazette 249 dated 2 August 1939; and (h) Crown Allotment 15B, Section A, Parish of Phillip Island, being land temporarily reserved for the conservation of an area of natural interest by Order in Council dated 22 June 1999 and published in Government Gazette G25 dated 24 June 1999; and Sch. 2 -- 63 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 60 (i) Crown Allotment 22, Section A, Parish of Phillip Island, being land permanently reserved for public purposes (conservation and protection of native flora and fauna) by Order in Council dated 6 August 1974 and published in Government Gazette 80 dated 14 August 1974; and (j) Crown Allotments 1L1, 1M, 1N, and 1P, Parish of Phillip Island, being land permanently reserved for recreation and amusement of people by Order in Council dated 9 March 1882 and published in Government Gazette 25 dated 10 March 1882; and (k) Crown Allotments 156A and 156B, Parish of Phillip Island, being land deemed to have been permanently reserved for conservation of areas of natural beauty and historic interest under section 3(3)(a) of the Victorian Conservation Trust Act 1972; and (l) Crown Allotment 11D, Parish of Phillip Island, being land temporarily reserved for public purposes by Order in Council dated 28 January 1997 and published in Government Gazette G4 dated 30 January 1997; and (m) Crown Allotment 15A, Section A, Parish of Phillip Island, being land temporarily reserved for conservation of an area of natural interest by Order in Council dated 24 June 1997 and published in Government Gazette G25 dated 26 June 1997; and (n) Crown Allotment 40A, Parish of Phillip Island, being land temporarily reserved for conservation of an area of natural interest by Order in Council dated 24 June 1997 and published in Government Gazette G25 dated 26 June 1997; and (o) Crown Allotments 121A and 121D, Parish of Phillip Island, being land temporarily reserved for conservation of an area of natural interest by Order in Council dated 24 June 1997 and published in Government Gazette G25 dated 26 June 1997; and (p) Crown Allotments 162 and 168, Parish of Phillip Island, being land temporarily reserved for conservation of an area of natural interest by Order in Council dated 24 June 1997 and published in Government Gazette G25 dated 26 June 1997; and (q) Crown Allotments 11B1 and 11C, Parish of Phillip Island, being land temporarily reserved for conservation of an area of natural interest by Order in Council dated 24 June 1997 and published in Government Gazette G25 dated 26 June 1997; and (r) Crown Allotments 4H and 4J, Parish of Phillip Island, being land temporarily reserved for conservation of an area of natural interest by Order in Council dated 24 June 1997 and published in Government Gazette G25 dated 26 June 1997; and Sch. 2 -- 64 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 61 (s) Crown Allotments 1K, 1L and 2A, Parish of Phillip Island, being land temporarily reserved for conservation of an area of natural interest by Order in Council dated 24 June 1997 and published in Government Gazette G25 dated 26 June 1997; and (t) Crown Allotment 43A, Parish of Phillip Island, being land temporarily reserved for conservation of an area of natural interest by Order in Council dated 5 November 1997 and published in Government Gazette G44 dated 6 November 1997; and (u) Crown Allotment 15C, section A, Parish of Phillip Island, being land temporarily reserved for conservation of an area of natural interest by Order in Council dated 5 November 1997 and published in Government Gazette G44 dated 6 November 1997; and (v) Crown Allotment 77A, Parish of Phillip Island, being land temporarily reserved for conservation of an area of natural interest by Order in Council dated 5 November 1997 and published in Government Gazette G44 dated 6 November 1997; and (w) Crown Allotments 1A, 1B, 2A, 2B, 2C, 2D, 2E, 3A, 3B, 3C, 4A, 4B, 4C, 5A, 6A, 7A, 7B, 8A, 9A, 9B, 9C, 10A, 10B, 11A, 11B, 11C, 12A, 12B, 13A, 13B, 13C, 14A, 14B, 14C, 14D, 15A, 15B, 15C, 15D, 16A, 16B, 16C, 17A, 17B, 17C, 17D, 18A, 18B, 18C, 18D, 19A, 19B, 20A, 20B, 21A, 21B, 22A, 23A, 24A, 25A, 26A and 26B, Section B, Parish of Phillip Island, being land temporarily reserved for conservation of areas of natural interest by Order in Council dated 3 February 1998 and published in Government Gazette G5 dated 5 February 1998; and (x) Crown Allotment 120B, Parish of Phillip Island, being land temporarily reserved for conservation of an area of natural interest by Order in Council dated 7 April 1999 and published in Government Gazette G14 dated 8 April 1999; and (y) Crown Allotment 1K1, Parish of Phillip Island, being land temporarily reserved for conservation of an area of natural interest by Order in Council dated 28 April 1999 and published in Government Gazette G17 dated 29 April 1999; and (z) Crown Allotment 3A, Parish of Phillip Island, being land temporarily reserved for conservation of an area of natural interest by Order in Council dated 22 June 1999 and published in Government Gazette G25 dated 24 June 1999; and (za) Crown Allotments 1T, 1S, 1R, 2H, 2M, 2N, 2L1 and 2L2, Parish of Phillip Island, being land temporarily reserved for conservation of an area of natural interest by Order in Council dated 6 July 1999 and published in Government Gazette G27 dated 8 July 1999; and Sch. 2 -- 65 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 62 (zb) Crown Allotment 19B, Section A, Parish of Phillip Island, being land temporarily reserved for conservation of an area of natural interest by Order in Council dated 16 November 1999 and published in Government Gazette G46 dated 18 November 1999; and (zc) Crown Allotment 164E, Parish of Phillip Island, being land temporarily reserved for conservation of an area of natural interest by Order in Council dated 21 August 2001 and published in Government Gazette G34 dated 23 August 2001; and (zd) Crown Allotment 110B, Parish of Phillip Island, being land temporarily reserved for conservation of an area of natural interest by Order in Council dated 7 March 2000 and published in Government Gazette G10 dated 9 March 2000; and (ze) those lots that are part of Crown Allotments 161A, 161B, 161C and 161D, Parish of Phillip Island, being land that has been purchased and that is deemed to have been temporarily reserved for conservation of areas of natural interest or beauty or of scientific, historic or archaeological interest under section 5(7) of the Crown Land (Reserves) Act 1978; and (zf) Crown Allotment 2004, Parish of Phillip Island, being land deemed to have been temporarily reserved for conservation of an area of natural beauty and historic interest under section 5(7) of the Crown Land (Reserves) Act 1978. __________________ Sch. 2 -- 66 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 63 SCHEDULE 3 Regulations 29, 30, 38, 39, 41 and 52 TAXA OF WILDLIFE (BIRDS, REPTILES, AMPHIBIANS AND MAMMALS) THAT MAY BE HELD BY HOLDERS OF THE APPROPRIATE LICENCE FOR PRIVATE OR CERTAIN COMMERCIAL PURPOSES Birds Stubble Quail Coturnix pectoralis Brown Quail Coturnix ypsilophora Little Button-quail Turnix velox Red-backed Button-quail Turnix maculosa Painted Button-quail Turnix varia Black-breasted Button-quail Turnix melanogaster Red-chested Button-quail Turnix pyrrhothorax Chestnut-backed Button-quail Turnix castanota Bar-shouldered Dove Geopelia humeralis Crested Pigeon Ocyphaps lophotes Emerald Dove Chalcophaps indica Common Bronzewing Phaps chalcoptera Flock Bronzewing Phaps histrionica White-headed Pigeon Columba leucomela Brush Bronzewing Phaps elegans Spinifex Pigeon Geophaps plumifera Squatter Pigeon Geophaps scripta Partridge Pigeon Geophaps smithii Rose-crowned Fruit-Dove Ptilinopus regina Brown Cuckoo-Dove Macropygia amboinensis Torresian Imperial-Pigeon Ducula bicolor Topknot Pigeon Lopholaimus antarcticus Wonga Pigeon Leucosarcia melanoleuca Pacific Black Duck Anas superciliosa Grey Teal Anas gracilis Chestnut Teal Anas castanea Australasian Shoveler Anas rhynchotis Maned Duck Chenonetta jubata Cape Barren Goose Cereopsis novaehollandiae Australian Shelduck Tadorna tadornoides Magpie Goose Anseranas semipalmata Hardhead Aythya australis Wandering Whistling-Duck Dendrocygna arcuata Sch. 3 -- 67 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 64 Plumed Whistling-Duck Dendrocygna eytoni Radjah Shelduck Tadorna radjah Pink-eared Duck Malacorhynchus membranaceus Black Swan Cygnus atratus Black-tailed Native-hen Gallinula ventralis Mulga Parrot Psephotus varius Hooded Parrot Psephotus dissimilis Long-billed Corella Cacatua tenuirostris Superb Parrot Polytelis swainsonii Regent Parrot Polytelis anthopeplus Red-capped Parrot Purpureicephalus spurius Rosellas— Platycercus species all kinds, except except Platycercus icterotis Western Rosella Mallee Ringneck Barnardius zonarius barnardi Cloncurry Parrot Barnardius zonarius barnardi macgillivrayi Port Lincoln Ringneck Barnardius zonarius Twenty-eight Parrot Barnardius zonarius semitorquatus Red-vented Blue Bonnet Parrot Northiella haematogaster haemotorrhous Yellow-vented Blue Bonnet Parrot Northiella haematogaster haematogaster Blue-winged Parrot Neophema chrysostoma Rock Parrot Neophema petrophila Australian King-Parrot Alisterus scapularis Red-winged Parrot Aprosmictus erythropterus Golden-shouldered Parrot Psephotus chrysopterygius Eclectus Parrot Eclectus roratus Scaly-breasted Lorikeet Trichoglossus chlorolepidotus Red-collared Lorikeet Trichoglossus rubritorquis Varied Lorikeet Psitteuteles versicolor Little Lorikeet Glossopsitta pusilla Musk Lorikeet Glossopsitta concinna Purple-crowned Lorikeet Glossopsitta porphyrocephala Masked Finch Poephila personata Black-throated Finch Poephila cincta Diamond Firetail Stagonopleura guttata Red-browed Finch Neochmia temporalis Crimson Finch Neochmia phaeton Plum-headed Finch Neochmia modesta Yellow-rumped Mannikin Lonchura flaviprymna Pictorella Mannikin Heteromunia pectoralis Sch. 3 -- 68 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 65 Red Wattlebird Anthochaera carunculata Silvereye Zosterops lateralis Banded Lapwing Vanellus tricolor Masked Lapwing Vanellus miles Australian Magpie Gymnorhina tibicen Laughing Kookaburra Dacelo novaeguineae Reptiles Broad-shelled River Turtle Chelodina expansa Oblong Turtle Chelodina oblonga Northern Snapping Turtle Elseya dentata Saw-shelled Turtle Elseya latisternum Mary River Tortoise Elusor macruros Spiny-tailed Gecko Diplodactylus ciliaris Western Stone Gecko Diplodactylus granariensis Eastern Spiny-tailed Gecko Diplodactylus intermedius Wood Gecko Diplodactylus vittatus Tessellated Gecko Diplodactylus tessellatus Bynoe's Gecko Heteronotia binoei Desert Cave Gecko Heteronotia spelea Beaded Gecko Lucasium damaeum Northern Dtella Gehyra australis Tree Dtella Gehyra variegata Smooth-flanked Gecko Nephrurus laevissimus Knob-tailed Gecko Nephrurus levis Marbled Velvet Gecko Oedura marmorata Southern Spotted Velvet Gecko Oedura tryoni Thick-tailed Gecko Underwoodisaurus milii Bearded Dragon Pogona barbata Jacky Lizard Amphibolurus muricatus Central Bearded Dragon Pogona vitticeps Eastern Water Dragon Physignathus lesueurii lesueurii Gippsland Water Dragon Physignathus lesueurii howittii Crested Dragon Ctenophorus cristatus Tawny Dragon Ctenophorus decresii Peninsula Dragon Ctenophorus fionni Western Netted Dragon Ctenophorus reticulatus Red-barred Dragon Ctenophorus vadnappa Military Dragon Ctenophorus isolepis Central Netted Dragon Ctenophorus nuchalis Mallee Dragon Ctenophorus fordi Painted Dragon Ctenophorus pictus Sch. 3 -- 69 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 66 Gilbert's Dragon Lophognathus gilberti Long-nosed Water Dragon Lophognathus longirostris Pored Earless Dragon Tympanocryptis tetraporophora Delicate Skink Lampropholis delicata Garden Skink Lampropholis guichenoti Grass Skink Pseudemoia entrecasteauxii Red-throated Skink Pseudemoia platynota Eastern Water Skink Eulamprus quoyii Cool Temperate Water Skink Eulamprus tympanum Black Rock Skink Egernia saxatilis Gidgee Skink Egernia stokesii Eastern Three-lined Skink Pseudemoia duperreyi Bougainville's Skink Lerista bougainvillii Burrowing Skink Lerista picturata Boulenger's Skink Morethia boulengeri Spencer's Skink Pseudemoia spenceri Ocellated Skink Ctenotus pantherinus Regal Striped Skink Ctenotus regius Major Skink Egernia frerei Hosmer's Skink Egernia hosmeri King's Skink Egernia kingii Land Mullet Egernia major No Common Name Egernia margaretae Tree Skink Egernia striolata Narrow-banded Sand Swimmer Eremiascincus fasciolatus Ridge-tailed Monitor Varanus acanthurus Pygmy Mulga Monitor Varanus gilleni Mangrove Monitor Varanus indicus Merten's Water Monitor Varanus mertensi Storr's Monitor Varanus storri Black-headed Monitor Varanus tristis Lace Monitor Varanus varius Sand Monitor Varanus gouldii Burton's Snake-Lizard Lialis burtonis Common Scaly-foot Pygopus lepidopodus Hooded Scaly-foot Pygopus nigriceps Pink-tongued Lizard Hemisphaeriodon gerrardii Centralian Blue-tongued Lizard Tiliqua multifasciata Western Blue-tongued Lizard Tiliqua occipitalis Shingle-Back Lizard Trachydosaurus rugosus Sch. 3 -- 70 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 67 Children's Python Antaresia childreni Spotted Python Antaresia maculosus Large Blotched Python Antaresia stimsoni Water Python Liasis fuscus Olive Python Liasis olivaceus Black-headed Python Aspidites melanocephalus Amethystine Python Morelia amethistina Carpet or Diamond Python Morelia spilota Centralian Carpet Python Morelia bredli Freshwater Snake Tropidonophis mairii Common or Green Tree Snake Dendrelaphis punctulata Slatey-grey Snake Stegonotus cucullatus Northern Tree Snake Dendrelaphis calligastra Krefft's River Turtle Emydura krefftii Southern Legless Lizard Delma australis Olive Legless Lizard Delma inornata Amphibians Water-holding Frog Cyclorana platycephala Eastern Dwarf Tree Frog Litoria fallax Dainty Green Tree Frog Litoria gracilenta Giant Tree Frog Litoria infrafrenata Whistling Tree Frog Litoria verreauxii Peron's Tree Frog Litoria peronii Green Tree Frog Litoria caerulea Leseur's Frog Litoria lesueuri Blue Mountains Tree Frog Litoria citropa Leaf Green Tree Frog Litoria phyllochroa Brown Striped Frog Limnodynastes peronii Great Barred Frog Mixophyes fasciolatus Giant Barred Frog Mixophyes iteratus Haswell's Frog Paracrinia haswelli Southern Smooth Froglet Geocrinia laevis Common Spadefoot Toad Neobatrachus sudelli Mammals Common Brushtail Possum Trichosurus vulpecula Common Ringtail Possum Pseudocheirus peregrinus Sugar Glider Petaurus breviceps Fat-tailed Dunnart Sminthopsis crassicaudata Kowari Dasyuroides byrnei Tammar Wallaby Macropus eugenii Red-necked Wallaby Macropus rufogriseus Swamp Wallaby Wallabia bicolor Sch. 3 -- 71 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 68 Red-necked Pademelon Thylogale thetis Tasmanian Pademelon Thylogale billardierii Red-legged Pademelon Thylogale stigmatica Rufous Bettong Aepyprymnus rufescens Tasmanian Bettong Bettongia gaimardi Mitchell's Hopping-mouse Notomys mitchelli Common Wombat Vombatus ursinus __________________ Sch. 3 -- 72 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 69 SCHEDULE 4 Regulations 23, 30, 39, 41 and 52 TAXA OF WILDLIFE (BIRDS, REPTILES, AMPHIBIANS AND MAMMALS) THAT MAY BE HELD BY HOLDERS OF THE APPROPRIATE LICENCE FOR PRIVATE OR CERTAIN COMMERCIAL PURPOSES PART A Birds Long-billed Black-Cockatoo Calyptorhynchus baudinii Short-billed Black-Cockatoo Calyptorhynchus latirostris Yellow-tailed Black-Cockatoo Calyptorhynchus funereus Red-tailed Black-Cockatoo Calyptorhynchus banksii banksii Gang-gang Cockatoo Callocephalon fimbriatum Pink (Major Mitchell) Cockatoo Cacatua leadbeateri Swift Parrot Lathamus discolor Naretha Blue-bonnet Parrot Northiella haematogaster narethae PART B Birds Double-eyed Fig-Parrot Cyclopsitta diophthalma Freckled Duck Stictonetta naevosa Cotton Pygmy-Goose Nettapus coromandelianus Green Pygmy-Goose Nettapus pulchellus Blue-billed Duck Oxyura australis Musk Duck Biziura lobata Superb Fruit-Dove Ptilinopus superbus Wompoo Fruit-Dove Ptilinopus magnificus Superb Fairy-wren Malurus cyaneus Splendid Fairy-wren Malurus splendens Variegated Fairy-wren Malurus lamberti White-winged Fairy-wren Malurus leucopterus Spotted Pardalote Pardalotus punctatus Beautiful Firetail Stagonopleura bella Red-eared Firetail Stagonopleura oculata Scarlet Honeyeater Myzomela sanguinolenta Crimson Chat Epthianura tricolor White-fronted Chat Epthianura albifrons Sch. 4 -- 73 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 70 White-quilled Rock Pigeon Petrophassa albipennis Chestnut-quilled Rock Pigeon Petrophassa rufipennis Reptiles Saltwater Crocodile Crocodylus porosus Freshwater Crocodile Crocodylus johnstoni Brook's Striped Skink Ctenotus brooksi Schomburgk's Skink Ctenotus schomburgkii Fat-tailed Gecko Diplodactylus conspicillatus Jewelled Gecko Diplodactylus elderi Giant Cave Gecko Pseudothecadactylus lindneri Beaked Gecko Rhynchoedura ornata Frilled Lizard Chlamydosaurus kingii Spencer's Monitor Varanus spenceri Southern Angle-headed Dragon Hypsilurus spinipes Woma Python Aspidites ramsayi Green Tree Python Chondropython viridis Common Death Adder Acanthophis antarcticus Northern Death Adder Acanthophis praelongus Desert Death Adder Acanthophis pyrrhus Copperhead Australaps superbus Stephen's Banded Snake Hoplocephalus stephensii Black Tiger Snake Notechis ater Tiger Snake Notechis scutatus Taipan Oxyuranus scutellatus Fierce Snake Oxyuranus microlepidotus Mulga Snake Pseudechis australis Collett's Snake Pseudechis colletti Spotted Black Snake Pseudechis guttatus Red-bellied Black Snake Pseudechis porphyriacus Dugite Pseudonaja affinis Speckled Brown Snake Pseudonaja guttata Western Brown Snake Pseudonaja nuchalis Eastern Brown Snake Pseudonaja textilis Yellow-faced Whip Snake Demansia psammophis Eastern Small-eyed Snake Rhinoplocephalus nigrescens Curl Snake Suta suta White-lipped Snake Drysdalia coronoides Little Whip Snake Suta flagellum Mitchell's Short-tailed Snake Suta nigriceps Brown Tree Snake Boiga irregularis Northern Snake-necked Turtle Chelodina rugosa Sch. 4 -- 74 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 71 Mammals Common Wallaroo (Euro) Macropus robustus Western Grey Kangaroo Macropus fuliginosus Kangaroo Island Kangaroo Macropus fuliginosus fuliginosus Eastern Grey Kangaroo Macropus giganteus Red Kangaroo Macropus rufus Brush-tailed Bettong Bettongia pencillata Amphibians Green and Golden Bell Frog Litoria aurea Growling Grass Frog Litoria raniformis Southern Toadlet Pseudophryne semimarmorata Giant Burrowing Frog Heleioporus australiacus Red-eyed Tree Frog Litoria chloris Orange Thighed Tree Frog Litoria xanthomera Roth's Tree Frog Litoria rothii Northern Dwarf Tree Frog Litoria bicolor __________________ Sch. 4 -- 75 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 72 SCHEDULE 5 Regulations 19, 21, 38, 39, 40, 41 and 52 TAXA OF WILDLIFE (BIRDS, MAMMALS, AMPHIBIANS AND REPTILES) THAT MAY BE HELD FOR PRIVATE PURPOSES WITHOUT A LICENCE OR FOR COMMERCIAL PURPOSES BY THE HOLDER OF AN APPROPRIATE LICENCE PART A Birds King Quail Coturnix chinensis Pheasant—all taxa Phasianus spp. Partridge—all taxa Perdix spp. Non-indigenous quail—all Alectoris spp. taxa, including Californian All taxa, including Quail and Japanese or European Callipepla californica Quail Coturnix coturnix Budgerigar Melopsittacus undulatus Zebra Finch Taeniopygia guttata Cockatiel Nymphicus hollandicus Mammals Fallow Deer Dama dama (including D.d mesopotamica) Chital Axis axis Hog Deer Axis porcinus Rusa Deer Cervus timorensis Sambar Cervus unicolor Red Deer Cervus elaphus Wapiti Deer Cervus canadensis PART B Birds Western Rosella Platycercus icterotis Scarlet-chested Parrot Neophema splendida Bourke's Parrot Neopsephotus bourkii Elegant Parrot Neophema elegans Turquoise Parrot Neophema pulchella Alexandra's (Princess) Parrot Polytelis alexandrae Gouldian Finch Erythrura gouldiae Sch. 5 -- 76 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 73 Star Finch Neochmia ruficauda Blue-faced Finch Erythrura trichroa Long-tailed Finch Poephila acuticauda Chestnut-breasted Mannikin Lonchura castaneothorax Double-barred Finch Taeniopygia bichenovii Red-rumped Parrot Psephotus haematonotus Rainbow Lorikeet Trichoglossus haematodus Painted Firetail Emblema pictum Peaceful Dove Geopelia striata Diamond Dove Geopelia cuneata Galah Eolophus roseicapilla Sulphur-crested Cockatoo Cacatua galerita Little Corella Cacatua sanguinea Amphibians Plains Froglet Crinia parinsignifera Common Eastern Froglet Crinia signifera Spotted Grass Frog Limnodynastes tasmaniensis Eastern Banjo Frog Limnodynastes dumerilii Southern Brown Tree Frog Litoria ewingii Reptiles Common Long-necked Tortoise Chelodina longicollis Murray Turtle Emydura macquarii Marbled Gecko Christinus marmoratus Cunningham's Skink Egernia cunninghami White's Skink Egernia whitii Blotched Blue-tongued Lizard Tiliqua nigrolutea Eastern Blue-tongued Lizard Tiliqua scincoides __________________ Sch. 5 -- 77 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 74 SCHEDULE 6 Regulations 8, 12, 13, 18, 19, 21, 45, 46 and 51 TAXA OF WILDLIFE (BIRDS, MAMMALS AND REPTILES) THAT ARE EXEMPT FROM REQUIREMENT TO HOLD A LICENCE IN CERTAIN CIRCUMSTANCES PART A Pheasant—all taxa Phasianus spp. Partridge—all taxa Perdix spp. Alectoris spp. European/Japanese Quail Coturnix coturnix Californian Quail Callipepla californica PART B Mammals Common Brushtail Possum Trichosurus vulpecula Western Grey Kangaroo Macropus fuliginosus melanops Eastern Grey Kangaroo Macropus giganteus Whiptail Wallaby Macropus parryi Common Wallaroo (Euro) Macropus robustus Red-necked Wallaby Macropus rufogriseus Red Kangaroo Macropus rufus Tasmanian Pademelon Thyllogale billardierii Reptiles Freshwater Crocodile Crocodylus johnstoni Saltwater Crocodile Crocodylus porosus Birds Emu Dromaius novaehollandiae PART C Mammals Fallow Deer Dama dama (including D.d mesopotamica) Chital Axis axis Hog Deer Axis porcinus Rusa Deer Cervus timorensis Sambar Cervus unicolor Sch. 6 -- 78 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 75 Red Deer Cervus elaphus Wapiti Deer Cervus canadensis __________________ Sch. 6 -- 79 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 76 SCHEDULE 7 Regulations 35 and 36 TAXA OF WILDLIFE (BIRDS, MAMMALS AND REPTILES) THAT MAY BE CONTROLLED BY THE HOLDER OF AN APPROPRIATE WILDLIFE CONTROLLER'S LICENCE Birds Sulphur-crested Cockatoo Cacatua galerita Long-billed Corella Cacatua tenuirostris Galah Eolophus roseicapilla Crimson Rosella Platycercus elegans Eastern Rosella Platycercus eximius Australian Raven Corvus coronoides Pied Currawong Strepera graculina Emu Dromaius novaehollandiae Australian Shelduck Tadorna tadornoides Maned Duck Chenonetta jubata Silver Gull Larus novaehollandiae Mammals Eastern Grey Kangaroo Macropus giganteus Western Grey Kangaroo Macropus fuliginosus melanops Swamp Wallaby Wallabia bicolor Common Brushtail Possum Trichosurus vulpecula Common Wombat Vombatus ursinus Fallow Deer Dama dama (including D.d mesopotamica) Chital Axis axis Hog Deer Axis porcinus Rusa Deer Cervus timorensis Sambar Cervus unicolor Red Deer Cervus elaphus Wapiti Deer Cervus canadensis Reptiles All reptiles __________________ Sch. 7 -- 80 of 81 -- S.R. No. 50/2002 Wildlife Regulations 2002 77 SCHEDULE 8 Regulations 8, 12, 18, 19, 29, 30, 31, 39, 46, 47 and 52 TAXA OF WILDLIFE (BIRDS) THAT MAY BE HELD BY THE HOLDER OF A WILDLIFE PRODUCER TYPE 3 LICENCE Birds Emu Dromaius novaehollandiae ═══════════════ Sch. 8 -- 81 of 81 --