Wildlife (Amendment) Regulations 1997

i Wildlife (Amendment) Regulations 1997 S.R. No. 134/1997 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Principal Regulations 1 4. Persons exempted from requiring a licence 2 5. Amendments to requirements relating to marking of wildlife 2 6. Amendments to entitlements of Private Wildlife (Category Three) Licences 3 7. Amendments to sign requirements for commercial wildlife licences 3 8. Amendments to conditions of Commercial Wildlife (Wildlife Controller) Licences 4 9. Amendments to conditions of Commercial Wildlife (Wildlife Dealer) Licence 4 10. Amendments to conditions of Commercial Wildlife (Wildlife Displayer) Licence 4 11. Amendments to conditions of Commercial Wildlife (Wildlife Producer) Licence 4 12. Amendments to Schedule 1 5 13. Amendments to Schedule 2 6 14. Amendments to Schedule 3 6 15. Amendments to Schedule 4 8 ═══════════════ NOTES 9 -- 1 of 11 -- Regulation Page ii THIS PAGE IS TO BE MASKED -- 2 of 11 -- 1 STATUTORY RULES 1997 S.R. No. 134/1997 Wildlife Act 1975 Wildlife (Amendment) Regulations 1997 The Governor in Council makes the following Regulations: Dated: 25 November 1997 Responsible Minister: MARIE TEHAN Minister for Conservation and Land Management SHARNE BRYAN Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Wildlife Regulations 19921 to— (a) make further provision with respect to the exemptions from the requirement to hold a licence; and (b) make changes to the authority conferred by and the conditions and entitlements of certain wildlife licences; and (c) make other related provisions. 2. Authorising provisions These Regulations are made under sections 22 and 87 of the Wildlife Act 1975. 3. Principal Regulations In these Regulations, the Wildlife Regulations 1992 are called the Principal Regulations. -- 3 of 11 -- S.R. No. 134/1997 Wildlife (Amendment) Regulations 1997 2 4. Persons exempted from requiring a licence (1) In regulation 16(1) of the Principal Regulations— (a) for paragraph (c) substitute— "(c) buys or acquires any wildlife listed in Schedule 4 (Part B) and— (i) possesses that wildlife for at least 6 months prior to selling or disposing of the wildlife; and (ii) does not sell the wildlife from a shop or business premises; or (ca) 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; or". (b) after paragraph (f), insert— "(g) 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—". (2) In regulation 16 of the Principal Regulations, after sub-regulation (3) insert— "(4) The Zoological Parks and Gardens Board established under the Zoological Parks and Gardens Act 1995 is exempt from the requirement to hold a licence under section 22". 5. Amendments to requirements relating to marking of wildlife r. 4 r. 5 -- 4 of 11 -- S.R. No. 134/1997 Wildlife (Amendment) Regulations 1997 3 In regulation 21(1) of the Principal Regulations, after paragraph (b), insert— "; 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.". 6. Amendments to entitlements of Private Wildlife (Category Three) Licences In regulation 26 of the Principal Regulations— (a) in sub-regulation (1), after "7" insert ", subject to sub-regulation (1A)"; and (b) after sub-regulation (1) insert— "(1A) If the holder of a Private Wildlife (Category Three) Licence is under the age of 18 years, the licence may authorise the possession, keeping, breeding, buying, selling or disposing of venomous snakes listed in Schedule 3 (Part B) if the Secretary so determines.". 7. Amendments to sign requirements for commercial wildlife licences In regulation 29(a) of the Principal Regulations— (a) in paragraph (i), for "issued by the Secretary to the Department of Conservation and Natural Resources" substitute "issued under the Wildlife Act 1975"; and (b) in paragraph (ii), after "the wild" insert "without a licence, permit or authority issued under the Wildlife Act 1975". -- 5 of 11 -- S.R. No. 134/1997 Wildlife (Amendment) Regulations 1997 4 8. Amendments to conditions of Commercial Wildlife (Wildlife Controller) Licences In regulation 30(3) of the Principal Regulations, for paragraph (a), substitute— "(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". 9. Amendments to conditions of Commercial Wildlife (Wildlife Dealer) Licence In regulation 31(3) of the Principal Regulations, after paragraph (h) insert— "(ha) not buy or accept reptiles listed in Schedule 4 (Part B) from a person unless that person produces proof of his or her identity; and (hb) when buying reptiles listed in Schedule 4 (Part B), enter all details of the transaction onto the form approved for that purpose by the Secretary; and". 10. Amendments to conditions of Commercial Wildlife (Wildlife Displayer) Licence In regulation 33(3) of the Principal Regulations, after paragraph (m), insert— "; 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.". 11. Amendments to conditions of Commercial Wildlife (Wildlife Producer) Licence r. 8 r. 11 -- 6 of 11 -- S.R. No. 134/1997 Wildlife (Amendment) Regulations 1997 5 (1) In regulation 34(2A) of the Principal Regulations, omit paragraphs (b) and (c). (2) In regulation 34(7) of the Principal Regulations— (a) in paragraph (d), after sub-paragraph (iii) insert— "(iv) the holder of a Private Wildlife (Category Two) Licence or Private Wildlife (Category Three) Licence; or (v) a person who is exempted from the requirement to hold such a licence—"; and (b) omit paragraph (m). 12. Amendments to Schedule 1 (1) In Schedule 1 to the Principal Regulations, under the heading "Birds", omit— (a) "Red-rumped Parrot Psephotus haematonotus"; and (b) "Bourke's Parrot Neopsephotus bourkii"; and (c) "Scarlet-chested Parrot Neophema splendida"; and (d) "Alexandra's (Princess) Parrot Polytelis alexandrae"; and (e) "Elegant Parrot Neophema elegans"; and (f) "Turquoise Parrot Neophema pulchella"; and (g) "Rainbow Lorikeet Trichoglossus haematodus"; and (h) "Painted Firetail Emblema pictum"; and (i) "Star Finch Neochmia ruficauda"; and (j) "Long-tailed Finch Double-barred Finch Poephila acuticauda Taeniopygia bichenovii"; and (k) "Chestnut-breasted Mannikin Lonchura castaneothorax"; and -- 7 of 11 -- S.R. No. 134/1997 Wildlife (Amendment) Regulations 1997 6 (l) "Gouldian Finch Blue-faced Finch Erythrura gouldiae Erythrura trichroa". (2) In Schedule 1 to the Principal Regulations, under the heading "Birds", for— "Rosellas— all kinds, except Green Rosella Platycercus species except Platycercus caledonicus " substitute— "Rosellas— all kinds, except Western Rosella Platycercus species except Platycercus icterotis". (3) In Schedule 1 to the Principal Regulations, under the heading "Reptiles", for— 'Unnamed species Elseya "petshoppi" ', substitute— "Mary River Tortoise Elusor macruros". (4) In Schedule 1 to the Principal Regulations, under the heading "Reptiles", after— "Children's Python Bothrochilus childreni", insert— "Spotted Python Bothrochilus maculosa Large Blotched Python Bothrochilus stimsoni". 13. Amendments to Schedule 2 In Schedule 2 to the Principal Regulations, under the heading "Reptiles", omit— (a) "Yellow-faced Whip Snake Demansia psammophis”; and (b) "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". 14. Amendments to Schedule 3 r. 13 r. 14 -- 8 of 11 -- S.R. No. 134/1997 Wildlife (Amendment) Regulations 1997 7 (1) In Part B of Schedule 3 to the Principal Regulations— (a) under the heading "Birds", omit— "Green Rosella Platycercus caledonicus"; and (b) under the heading "Birds", for— "Crimson Chat Ephthianura tricolor White-fronted Chat substitute— Ephthianura albifrons", "Crimson Chat Epthianura tricolor White-fronted Chat Epthianura albifrons White-quilled Rock Pigeon Petrophassa albipennis Chestnut-quilled Rock Pigeon Petrophassa rufipennis"; and (c) under the heading "Reptiles", after— "Frilled Lizard Chlamydosaurus kingii" insert— "Spencer's Monitor Varanus spenceri"; and (d) under the heading "Reptiles", after— "Eastern Brown Snake insert— Pseudonaja textilis" "Yellow-faced Whip Snake Demansia psammophis Eastern Small-eyed Snake Rhinoplocephalus nigrescens Curl Snake Suta suta White-lipped Snake Drysadalia coronoides Little Whip Snake Suta flagellum Mitchell's Short-tailed Snake Suta nigriceps Brown Tree Snake Boiga irregularis"; and (e) under the heading "Amphibians" after— "Giant Burrowing Frog Heleioporus australiacus" insert— -- 9 of 11 -- S.R. No. 134/1997 Wildlife (Amendment) Regulations 1997 8 "Red-eyed Tree Frog Litoria chloris Orange Thighed Tree Frog Litoria xanthomera Roth's Tree Frog Litoria rothii Northern Dwarf Tree Frog Litoria bicolor". 15. Amendments to Schedule 4 In Part B of Schedule 4 to the Principal Regulations, under the heading "Birds", insert— "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 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". ═══════════════ r. 15 -- 10 of 11 -- S.R. No. 134/1997 Wildlife (Amendment) Regulations 1997 9 NOTES 1 S.R. No. 161/1992. Reprinted to S.R. No. 58/1994 and subsequently amended by S.R. No. 60/1996. Notes -- 11 of 11 --