Wildlife (Amendment) Regulations 1998

i Wildlife (Amendment) Regulations 1998 S.R. No. 22/1998 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Commencement 2 4. Principal Regulations 2 5. Amendment to definition 2 6. Amendment of regulation 6 2 7. Revocation of regulation 7 2 8. Amendment of references to "species" 2 9. Insertion of new regulation 15A 3 15A. Application for authorisation under section 28A 3 10. Substitution of regulation 16 3 16. Persons exempt from operation of sections 41, 42, 43 and 44 of the Act 3 16A. Persons exempt from operation of section 43 of the Act 3 16B. Persons exempt from operation of section 47 of the Act 4 16C. Persons exempt from operation of sections 45, 46 and 47 of the Act 6 16D. Prescribed products for purposes of section 50 of the Act 7 11. Amendments to regulation 22 8 12. Amendments to regulation 24 8 13. Amendments to regulation 25 8 14. Amendments to regulation 26 9 15. Amendments to regulation 27 9 16. Amendments to regulation 28 10 17. Amendments to regulation 30 10 18. Amendments to regulation 31 11 19. Amendments to regulation 32 11 20. Amendments to regulation 33 12 21. Amendments to regulation 34 13 22. Amendments to regulation 35 14 23. Amendment of regulation 38 15 24. Amendment to Schedule 1 15 25. Amendment to Schedule 2 15 -- 1 of 19 -- Regulation Page ii 26. Amendment to Schedule 4 16 27. Amendment to Schedule 5 16 ═══════════════ NOTES 17 -- 2 of 19 -- 1 STATUTORY RULES 1998 S.R. No. 22/1998 Wildlife Act 1975 Wildlife (Amendment) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 17 March 1998 Responsible Minister: MARIE TEHAN Minister for Conservation and Land Management SHARNE BRYAN Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to give effect to amendments to the Wildlife Act 1975 by— (a) prescribing the manner of making an application for an authorisation under section 28A of the Act; (b) prescribing persons exempt from the operation of sections 41, 42, 43, 44, 45, 46 or 47 of the Act; (c) prescribing products for the purposes of section 50 of the Act; (d) making other consequential amendments. 2. Authorising provisions These Regulations are made under sections 22, 28A, 47A, 50 and 87 of the Wildlife Act 1975. -- 3 of 19 -- S.R. No. 22/1998 Wildlife (Amendment) Regulations 1998 2 3. Commencement These Regulations come into operation on 21 March 1998. 4. Principal Regulations In these Regulations, the Wildlife Regulations 19921 are called the Principal Regulations. 5. Amendment to definition In regulation 5 of the Principal Regulations the definition of "Secretary" is revoked. 6. Amendment of regulation 6 For regulation 6(b) of the Principal Regulations substitute— "(b) any substance defined as an agricultural chemical under the Agricultural and Veterinary Code Act 1994 of the Commonwealth.". 7. Revocation of regulation 7 Regulation 7 of the Principal Regulations is revoked. 8. Amendment of references to "species" (1) In regulation 8(2) of the Principal Regulations for "species" substitute "taxa". (2) In regulation 11(2) of the Principal Regulations for "species"(wherever occurring) substitute "taxa". (3) In regulation 12(2)(b) of the Principal Regulations, for "species" substitute "taxon". (4) In regulation 13 of the Principal Regulations, for "species" (wherever occurring) substitute "taxa". r. 3 -- 4 of 19 -- S.R. No. 22/1998 Wildlife (Amendment) Regulations 1998 3 9. Insertion of new regulation 15A After regulation 15 of the Principal Regulations insert— "15A. Application for authorisation under section 28A A person applying for an authorisation under section 28A of the Act 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.". 10. Substitution of regulation 16 For regulation 16 of the Principal Regulations substitute— "16. Persons exempt from operation of sections 41, 42, 43 and 44 of the Act A person who is a registered veterinary surgeon under the Veterinary Surgeons Act 1958 who destroys wildlife in accordance with section 21(c)(ii) of 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. 16A. 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— r. 9 -- 5 of 19 -- S.R. No. 22/1998 Wildlife (Amendment) Regulations 1998 4 (a) destroys wildlife listed in Schedule 7— (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; and (b) is acting on behalf of the holder of a current Commercial Wildlife (Wildlife Producer) Licence Type 3. 16B. Persons exempt from operation of section 47 of the Act (1) A person who keeps, possesses, breeds, buys, sells, displays or disposes of— (a) wildlife listed in Schedule 4 (Part A); or (b) infertile eggs of wildlife listed in Schedule 7— is exempt from the operation of section 47 of the Act, to the extent that section 47 relates to the keeping, possession, breeding, buying, selling display or disposal of that wildlife, if the wildlife have been bred in captivity or are from a source approved by the Secretary. (2) A person who keeps, possesses or breeds wildlife listed in Schedule 4 (Part B) is exempt from the operation of section 47 of the Act, to the extent that section 47 relates to the keeping, possession or breeding of that wildlife, if the wildlife have been bred in captivity or are from a source approved by the Secretary. (3) A person who buys or acquires wildlife listed in Schedule 4 (Part B) and— r. 10 -- 6 of 19 -- S.R. No. 22/1998 Wildlife (Amendment) Regulations 1998 5 (a) possesses the wildlife for at least 6 months prior to selling or disposing of the wildlife; and (b) does not sell the wildlife from a shop or business premises— is exempt from the operation of section 47 of the Act, to the extent that section 47 relates to the buying or acquisition of that wildlife, if the wildlife have been bred in captivity or are from a source approved by the Secretary. (4) A person who sells or disposes of reptiles listed in Schedule 4 (Part B) and, when selling those reptiles to a holder of a Commercial Wildlife (Wildlife Dealer) Licence, produces proof of his or her identity to that licence holder is exempt from the operation of section 47 of the Act, to the extent that section 47 relates to the selling or disposal of those reptiles, if the reptiles have been bred in captivity or are from a source approved by the Secretary. (5) A person who possesses, breeds, buys, sells, displays, disposes of or processes (other than for the purposes of taxidermy) wildlife listed in Schedule 5 (Parts A or C) is exempt from the operation of section 47 of the Act, to the extent that section 47 relates to the possession, breeding, buying, selling, display, disposal or processing (other than for the purposes of taxidermy) of that wildlife, if the wildlife have been bred in captivity or are from a source approved by the Secretary. (6) A person who possesses game that has been taken, hunted or destroyed under and in accordance with a game licence during the r. 10 -- 7 of 19 -- S.R. No. 22/1998 Wildlife (Amendment) Regulations 1998 6 open season for that taxon of game is exempt from the operation of section 47 of the Act, to the extent that section 47 relates to the possession of protected wildlife declared to be game. (7) A person who possesses, buys or sells parts of wildlife listed in Schedule 5 (Part B) in any form or 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, is exempt from the operation of section 47, if the wildlife or the shells of those eggs have been bred in captivity or are from a source approved by the Secretary. 16C. Persons exempt from operation of sections 45, 46 and 47 of the Act (1) A person who temporarily possesses sick, injured or abandoned wildlife for the purpose of transporting the wildlife to a registered veterinary surgeon under the Veterinary Surgeons Act 1958 or 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, is exempt from the operation of sections 45, 46 and 47 of the Act, to the extent that those sections relate to the possession of that wildlife. (2) A person who is a registered veterinary surgeon under the Veterinary Surgeons Act 1958, who possesses sick, injured or abandoned wildlife temporarily for the purpose of administering veterinary treatment to the wildlife, is exempt from the operation of sections 45, 46 and 47 of the r. 10 -- 8 of 19 -- S.R. No. 22/1998 Wildlife (Amendment) Regulations 1998 7 Act, to the extent that those sections relate to the possession of that wildlife. (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) A person who possesses wildlife, for the purposes of transporting it on behalf of, or at the request of, a holder of a wildlife licence who has a letter of authorisation or delivery docket stating— (a) the name and address and licence number (if any) of the person sending the wildlife; and (b) the name and address and licence number (if any) of the person receiving the wildlife; and (c) the common name (as shown in Schedule 1, 2, 3, 4, 5, 6 or 7) of each of the taxa of wildlife being transported; and (d) the number of each taxon of wildlife being transported; and (e) the date on which the wildlife is being transported— is exempt from the operation of sections 45, 46 and 47 of the Act, to the extent that those sections relate to the possession of the taxa of wildlife being transported. 16D. Prescribed products for purposes of section 50 of the Act The following products are prescribed for the purposes of section 50 of the Act— r. 10 -- 9 of 19 -- S.R. No. 22/1998 Wildlife (Amendment) Regulations 1998 8 (a) parts of wildlife listed in Schedule 5 (Part B) in any form; (b) 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.". 11. Amendments to regulation 22 In regulation 22 of the Principal Regulations, for paragraph (b) substitute— "(b) with a person referred to in regulation 16A or 16B.". 12. Amendments to regulation 24 In regulation 24(2) of the Principal Regulations, for paragraphs (c) and (d) substitute— "(c) buy or acquire wildlife from a person unless that person— (i) holds an appropriate licence; or (ii) is a person referred to in regulation 16B; or (iii) has the approval of the Secretary; or (d) sell or dispose of wildlife to a person unless that person— (i) holds an appropriate licence; or (ii) is a person referred to in regulation 16B; or (iii) has the approval of the Secretary.". 13. Amendments to regulation 25 r. 11 r. 13 -- 10 of 19 -- S.R. No. 22/1998 Wildlife (Amendment) Regulations 1998 9 In regulation 25(2) of the Principal Regulations, for paragraphs (c) and (d) substitute— "(c) not buy or acquire wildlife from a person unless that person— (i) holds an appropriate licence; or (ii) is a person referred to in regulation 16B; or (iii) has the approval of the Secretary; or (d) not sell or dispose of wildlife to a person unless that person— (i) holds an appropriate licence; or (ii) is a person referred to in regulation 16B; or (iii) has the approval of the Secretary; or". 14. Amendments to regulation 26 In regulation 26(2) of the Principal Regulations, for paragraphs (c) and (d) substitute— "(c) buy or acquire wildlife from a person unless that person— (i) holds an appropriate licence; or (ii) is a person referred to in regulation 16B; or (iii) has the approval of the Secretary; or (d) sell or dispose of wildlife to a person unless that person— (i) holds an appropriate licence; or (ii) is a person referred to in regulation 16B; or (iii) has the approval of the Secretary; or". 15. Amendments to regulation 27 r. 15 -- 11 of 19 -- S.R. No. 22/1998 Wildlife (Amendment) Regulations 1998 10 In regulation 27(2) of the Principal Regulations, for paragraph (b) substitute— "(b) sell or dispose of wildlife to a person unless that person— (i) holds an appropriate licence; or (ii) is a person referred to in regulation 16B; or (iii) has the approval of the Secretary.". 16. Amendments to regulation 28 In regulation 28(2) of the Principal Regulations— (a) in paragraph (a)(i) and (ii), for "species" substitute "taxon"; and (b) for paragraphs (b) and (c) substitute— "(b) not buy or acquire wildlife from a person unless that person— (i) holds an appropriate licence; or (ii) is a person referred to in regulation 16B; or (iii) has the approval of the Secretary; and (c) not sell or dispose of wildlife to a person unless that person— (i) holds an appropriate licence; or (ii) is a person referred to in regulation 16B; or (iii) has the approval of the Secretary.". 17. Amendments to regulation 30 r. 17 -- 12 of 19 -- S.R. No. 22/1998 Wildlife (Amendment) Regulations 1998 11 In regulation 30(2) of the Principal Regulations— (a) in paragraph (a), for "species" substitute "taxa"; and (b) in paragraph (e), for "Authority to Control Wildlife issued under section 5 or 7 of the Act" substitute "authorisation issued under Part IIIA of the Act". 18. Amendments to regulation 31 (1) In regulation 31 of the Principal Regulations, for "species"(wherever occurring) substitute "taxa". (2) In regulation 31(3) of the Principal Regulations— (a) for paragraph (h) substitute— "(h) not buy or acquire wildlife from a person unless that person— (i) holds an appropriate licence; or (ii) is a person referred to in regulation 16B; or (iii) has the approval of the Secretary; and"; (b) in paragraph (ha) for "accept" substitute "acquire"; (c) for paragraph (i) substitute— "(i) not sell or dispose of wildlife to a person unless that person— (i) holds an appropriate licence; or (ii) is a person referred to in regulation 16B; or (iii) has the approval of the Secretary.". 19. Amendments to regulation 32 In regulation 32 of the Principal Regulations— r. 19 -- 13 of 19 -- S.R. No. 22/1998 Wildlife (Amendment) Regulations 1998 12 (a) for "species" (wherever occurring) substitute "taxa"; and (b) in sub-regulation (2)(d) for sub-paragraph (ii) substitute— "(ii) is a person referred to in regulation 16B; and"; and (c) in sub-regulation (2) for paragraphs (l) and (m) substitute— "(l) not buy or acquire wildlife from a person unless that person— (i) holds an appropriate licence; or (ii) is a person referred to in regulation 16B; 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 licence; or (ii) is a person referred to in regulation 16B; or (iii) has the approval of the Secretary.". 20. Amendments to regulation 33 In regulation 33(3) of the Principal Regulations— (a) in paragraph (c) for sub-paragraph (ii) substitute— "(ii) is a person referred to in regulation 16B; and"; and (b) for paragraphs (l) and (m) substitute— r. 20 -- 14 of 19 -- S.R. No. 22/1998 Wildlife (Amendment) Regulations 1998 13 "(l) not buy or acquire wildlife from a person unless that person— (i) holds an appropriate licence; or (ii) is a person referred to in regulation 16B; 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 licence; or (ii) is a person referred to in regulation 16B; or (iii) has the approval of the Secretary; and". 21. Amendments to regulation 34 In regulation 34 of the Principal Regulations— (a) for "species" (wherever occurring) substitute "taxa"; and (b) in sub-regulation (5), for paragraphs (h) and (i) substitute— "(h) not buy or acquire wildlife from a person unless that person— (i) holds an appropriate licence; or (ii) is a person referred to in regulation 16B; 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 licence; or -- 15 of 19 -- S.R. No. 22/1998 Wildlife (Amendment) Regulations 1998 14 (ii) is a person referred to in regulation 16B; or (iii) has the approval of the Secretary."; and (c) in sub-regulation (6), for paragraphs (f) and (g) substitute— "(f) not buy or acquire wildlife from a person unless that person— (i) holds an appropriate licence; or (ii) is a person referred to in regulation 16B; or (iii) has the approval of the Secretary; and (g) not sell or dispose of wildlife to a person unless that person— (i) holds an appropriate licence; or (ii) is a person referred to in regulation 16B; or (iii) has the approval of the Secretary."; and (d) in sub-regulation (7)(d), for sub-paragraph (v) substitute— "(v) a person referred to in regulation 16B—". 22. Amendments to regulation 35 In regulation 35 of the Principal Regulations— (a) for "species" (wherever occurring) substitute "taxa"; and (b) in sub-regulation (3), for paragraphs (d) and (e) substitute— r. 21 r. 22 -- 16 of 19 -- S.R. No. 22/1998 Wildlife (Amendment) Regulations 1998 15 "(d) not buy or acquire wildlife from a person unless that person— (i) holds an appropriate licence; or (ii) is a person referred to in regulation 16B; 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 licence; or (ii) is a person referred to in regulation 16B; or (iii) has the approval of the Secretary.". 23. Amendment of regulation 38 In the Table in regulation 38 of the Principal Regulations, omit items 004 and 005. 24. Amendment to Schedule 1 In Schedule 1 to the Principal Regulations, under the heading "Birds", omit— (a) "Bourke's Parrot Neophema bourkii"; and (b) "Double-barred Finch Poephila bichenovii"; and (c) "Painted Firetail Emblema picta". 25. Amendment to Schedule 2 In Schedule 2 to the Principal Regulations, under the heading "Reptiles", omit— (a) "Eastern Small-eyed Cryptophis Snake nigrescens"; and r. 25 -- 17 of 19 -- S.R. No. 22/1998 Wildlife (Amendment) Regulations 1998 16 (b) "Little Whip Snake Unechis flagellum"; and (c) "Mitchell's Short-tailed Unechis Snake nigriceps". 26. Amendment to Schedule 4 In Schedule 4 (Part A) to the Principal Regulations, for "species" (wherever occurring) substitute "taxa". 27. Amendment to Schedule 5 In Schedule 5 (Part A) to the Principal Regulations, for "species" (wherever occurring) substitute "taxa". ═══════════════ -- 18 of 19 -- S.R. No. 22/1998 Wildlife (Amendment) Regulations 1998 17 NOTES 1 S.R. No. 161/1992. Reprinted to S.R. No. 58/1994 and subsequently amended by S.R. Nos 60/1996 and 134/1997. Notes -- 19 of 19 --