wildlife amendment regulations 2014file/14-075sr.docx · web viewwildlife amendment regulations...

Wildlife Amendment Regulations 2014S.R. No. 75/2014

TABLE OF PROVISIONS

Regulation Page

1 Objectives 12 Authorising provision 13 Commencement 14 Principal Regulations 25 Definitions 26 Dingo Licence 27 Wildlife Dealer Licence 28 Wildlife Demonstrator Licence 29 Game Bird Farmer Licence 310 Wildlife Processor Licence 311 Licence fees 312 Application for a wildlife licence 313 Notification of change of natural person responsible for

managing premises specified in licence 414 Employees of Commercial Wildlife Licence holders 415 New regulation 24 substituted 4

24 Application for authorisation under section 28A 416 New regulation 26 substituted 5

26 Location of forms 517 Record books 518 Return forms 519 Return of record books and return forms 620 Theft, loss and damage 621 Electronic recording of information 622 Approvals by the relevant body 623 Notification of change of name or address 724 Marking of individual wildlife 725 Wildlife to be bought, sold or disposed of only at specified

premises 826 Taking of wildlife 827 Housing wildlife 828 New regulation 43A inserted 8

43A Housing specified birds 829 Wildlife that is not self-sufficient 1030 Inter-breeding of wildlife 10

1

31 Exemptions from offences in the Act relating to the destruction of protected wildlife 10

32 Exemptions from offences in the Act relating to protected wildlife 10

33 Exemptions from import and export permit requirements in the Act 11

34 Conditions of any Dingo Licence 1135 Conditions applying to all Commercial Wildlife Licences 1136 Specified premises 1237 Conditions of any Wildlife Controller Licence 1238 Conditions of any Game Bird Farmer Licence 1239 Schedule 1 amended 1240 Schedule 2 amended 1241 Schedule 3 amended 1342 Schedule 4 amended 1343 Schedule 5 amended 1344 Schedule 7 amended 13

═══════════════ENDNOTES 14

STATUTORY RULES 2014

S.R. No. 75/2014

Wildlife Act 1975

Wildlife Amendment Regulations 2014

The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:

Dated: 24 June 2014

Responsible Minister:

RYAN SMITHMinister for Environment and Climate Change

YVETTE CARISBROOKEClerk of the Executive Council

1 Objectives

The objectives of these Regulations are to amend the Wildlife Regulations 2013—

(a) to make consequential amendments to the those Regulations as a result of the commencement of the Game Management Authority Act 2014;

(b) to make miscellaneous amendments to improve the operation of those Regulations.

2 Authorising provision

These Regulations are made under section 87 of the Wildlife Act 1975.

3 Commencement

These Regulations come into operation on 1 July 2014.

1

4 Principal Regulations

In these Regulations, the Wildlife Regulations 20131 are called the Principal Regulations.

5 Definitions

In regulation 5 of the Principal Regulations insert the following definition—

"relevant body means—

(a) in the case of a Game Bird Farmer Licence or specified birds, the Game Management Authority;

(b) in the case of any other licence, permit or authority issued under the Act, or wildlife other than specified birds, the Secretary;".

6 Dingo Licence

In regulation 10(a) of the Principal Regulations, omit "specified in the licence".

7 Wildlife Dealer Licence

(1) In regulation 12(a) of the Principal Regulations, for "and Schedules 4 and 7" substitute ", Part B of Schedule 4 and Schedule 7".

(2) In regulation 12(b) of the Principal Regulations, for "and Schedules 4 and 7" substitute ", Part B of Schedule 4 and Schedule 7".

8 Wildlife Demonstrator Licence

In regulation 13(d) of the Principal Regulations for ", except that listed" substitute "that is not listed".

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9 Game Bird Farmer Licence

In regulation 15 of the Principal Regulations, for "birds that are of a taxon of wildlife listed in Part A of Schedule 5 and specified in the licence and" substitute "specified birds".

10 Wildlife Processor Licence

In regulation 16(b) of the Principal Regulations, for "Processor" substitute "Farmer".

11 Licence fees

In regulation 19(6) of the Principal Regulations—

(a) for "eligible recipient" substitute "eligible person"; and

(b) for "wildlife licence" substitute "Private Wildlife Licence".

12 Application for a wildlife licence

(1) In regulation 20(1)(a) of the Principal Regulations for "the Secretary" substitute "the relevant body".

(2) In regulation 20(1)(b) of the Principal Regulations for "the Secretary" substitute "the relevant body".

(3) In regulation 20(1)(b)(vi) of the Principal Regulations, after "that licence relates" insert "and who is engaging in conduct on behalf of the licence holder under that licence".

(4) After regulation 20(2) of the Principal Regulations insert—

"(3) For the purposes of subregulation (1)(b), the Game Management Authority may require the following information in relation to an application regarding a Game Bird Farmer Licence—

(a) a plan of the area applied for showing all buildings, fences, yards, shelters, watering and feeding facilities;

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(b) enclosure design and specifications, materials to be used in construction of facilities, enclosure layout, holding pens, shelters, watering and feeding facilities and any other relevant matter.".

13 Notification of change of natural person responsible for managing premises specified in licence

In regulation 21(1) of the Principal Regulations, for "the Secretary" substitute "the relevant body".

14 Employees of Commercial Wildlife Licence holders

(1) In regulation 23(1) of the Principal Regulations—

(a) for "work at the premises to which that licence relates" substitute "engage in conduct on behalf of the licence holder under that licence"; and

(b) for "the Secretary" substitute "the relevant body".


(a) after "If a person" insert "who is employed to engage in conduct on behalf of the licence holder under that licence";


15 New regulation 24 substituted

For regulation 24 of the Principal Regulations substitute—

"24 Application for authorisation under section 28A

For the purposes of section 28A of the Act, an application for an authorisation must be in a form approved by—

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(a) in the case of specified birds, the Game Management Authority;

(b) in the case of any other wildlife, the Secretary.".

16 New regulation 26 substituted

For regulation 26 of the Principal Regulations substitute—

"26 Location of forms

(1) If the Secretary approves a form under these Regulations, the Secretary must cause a copy of that form to be available on the Department's website.

(2) If the Game Management Authority approves a form under these Regulations, the Game Management Authority must cause a copy of that form to be available on its website.".

17 Record books

(1) In regulation 27(1) of the Principal Regulations, for "the Secretary" (where twice occurring) substitute "the relevant body".


(a) after "maintain" insert "complete,"; and


(3) In regulation 27(3) of the Principal Regulations, for "the Secretary" substitute "the relevant body".

18 Return forms


(a) after "completed" insert "fully,"; and


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19 Return of record books and return forms



20 Theft, loss and damage



21 Electronic recording of information




22 Approvals by the relevant body

(1) In the heading to regulation 35 of the Principal Regulations, for "the Secretary" substitute "the relevant body".

(2) In regulation 35(1) of the Principal Regulations, for "The Secretary" substitute "The relevant body".

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(3) In regulation 35(2) and (3) of the Principal Regulations, for "the Secretary" substitute "the relevant body".

(4) In regulation 35(4) of the Principal Regulations for "The Secretary" substitute "The relevant body".

23 Notification of change of name or address

In regulation 36 of the Principal Regulations, for "the Secretary" (where twice occurring) substitute "the relevant body".

24 Marking of individual wildlife

(1) In regulation 37(1) of the Principal Regulations, after "wildlife licence" insert ", other than a Game Bird Farmer Licence,".

(2) After regulation 37(1) of the Principal Regulations insert—

"(1A) The Game Management Authority may direct, in writing, the holder of a Game Bird Farmer Licence to mark any specified birds in the holder's possession—

(a) if the specified birds are diseased; or

(b) if the Game Management Authority believes, on reasonable grounds, that the specified birds are held, acquired or disposed of in contravention of the Act or a corresponding law of another State or of a Territory of the Commonwealth with respect to the specified birds; or

(c) for any other reason as determined by the Game Management Authority.".

(3) In regulation 37(2) of the Principal Regulations, for "subregulation (1)" substitute "subregulation (1) or (1A)".

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25 Wildlife to be bought, sold or disposed of only at specified premises

In regulation 39(b) of the Principal Regulations, for "the Secretary" substitute "the relevant body".

26 Taking of wildlife

In regulation 41(6) of the Principal Regulations, for "wildlife of the taxa listed in Part A or" substitute "specified birds or any wildlife of the taxa listed in".

27 Housing wildlife

(1) In the heading to regulation 43 of the Principal Regulations, after "wildlife" insert "other than specified birds".

(2) In regulation 43(1) of the Principal Regulations, after "living wildlife" insert ", other than specified birds,".

28 New regulation 43A inserted

After regulation 43 of the Principal Regulations insert—

"43A Housing specified birds

(1) A holder of a Game Bird Farmer Licence other than a person referred to in subregulation (3) who possesses living specified birds must keep those birds in cages or enclosures that—

(a) are designed, constructed and maintained to provide for the adequate shelter for the specified birds; and

(b) prevent the escape or injury of the specified birds; and

(c) protect the specified birds from predators; and

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(d) resist access by persons not authorised by the person who possesses the specified birds; and

(e) provide for the good health and welfare of the animal in accordance with any applicable code of practice made under the Prevention of Cruelty to Animals Act 1986 or the Domestic Animals Act 1994.

Penalty: 50 penalty units.

(2) If a cage or enclosure is not designed, constructed and maintained to comply with subregulation (1), the Game Management Authority may direct in writing that the holder of a Game Bird Farmer Licence possessing the specified birds make specific changes or alterations to the enclosure within the period specified in the direction.

(3) A holder of a Game Bird Farmer Licence does not commit an offence under subregulation (1) if the person has obtained prior written approval of the Game Management Authority under subregulation (4) and is acting in accordance with that approval.

(4) The Game Management Authority may—

(a) give written approval for a holder of a Game Bird Farmer Licence to keep specified birds in an enclosure which does not comply with any or all of the requirements of subregulation (1); and

(b) impose conditions on an approval given under paragraph (a).".

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29 Wildlife that is not self-sufficient


(2) In regulation 45(2)(b) of the Principal Regulations, for "taxon of wildlife listed in Part A of Schedule 5" substitute "specified birds".

30 Inter-breeding of wildlife

In regulation 46(2) of the Principal Regulations, for "wildlife listed in Parts A and C of Schedule 5 with other taxa of wildlife listed in Parts A and C" substitute "specified bird or of wildlife listed in Part C of Schedule 5 with any other taxa of specified bird or any other wildlife listed in Part C".

31 Exemptions from offences in the Act relating to the destruction of protected wildlife

In regulation 48(2) of the Principal Regulations—

(a) for "is listed in Part A or" substitute "is a specified bird or is wildlife listed in"; and


32 Exemptions from offences in the Act relating to protected wildlife

(1) After regulation 49(1)(a) of the Principal Regulations insert—

"(ab) specified birds; or".

(2) In regulation 49(2)(b) of the Principal Regulations, for "the Secretary" substitute "the relevant body".

(3) After regulation 49(3)(a) of the Principal Regulations insert—

"(ab) specified birds; or ".

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(4) In regulation 49(4)(b) of the Principal Regulations, for "the Secretary" substitute "the relevant body".


(a) for "(other than for the purposes of taxidermy) wildlife listed in Part A or" substitute "specified birds or wildlife listed in"; and



(a) for "(other than for the purposes of taxidermy) wildlife listed in Part A or" substitute "specified birds or wildlife listed in"; and


33 Exemptions from import and export permit requirements in the Act

After regulation 54(a) of the Principal Regulations insert—

"(ab) any taxon of specified birds; and".

34 Conditions of any Dingo Licence

In regulation 57(2)(a)(iv) of the Principal Regulations after "as approved" insert "in writing".

35 Conditions applying to all Commercial Wildlife Licences

In regulation 58(a) of the Principal Regulations, after "employees of the licence holder" insert "who are employed to engage in conduct on behalf of the licence holder under that licence".

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36 Specified premises

In regulation 62 of the Principal Regulations, for "the Secretary" substitute "the relevant body".

37 Conditions of any Wildlife Controller Licence

In regulation 63(1)(f) of the Principal Regulations, omit ", either directly or indirectly,".

38 Conditions of any Game Bird Farmer Licence

(1) In regulation 70(1)(c) of the Principal Regulations, for "the Domestic Animals Act 1994;" substitute "the Domestic Animals Act 1994.".

(2) Regulation 70(1)(d) of the Principal Regulations is revoked.

39 Schedule 1 amended

(1) In Schedule 1 to the Principal Regulations, omit ", and 37(1)(b)".

(2) In Schedule 1 to the Principal Regulations, in Column 3 of item 3, for "0·8 fee units" substitute "1·0 fee unit".


In Schedule 2 to the Principal Regulations—

(a) in Column 2 of item 67, for "oblonga" substitute "colliei";

(b) in Column 2 of item 89, for "Physignathus" substitute "Intellagama";

(c) in Column 2 of item 90, for "Physignathus" substitute "Intellagama";

(d) in Column 2 of item 109, for "platynota" substitute "platynotus";

(e) in Column 2 of item 141, for "rugosus" substitute "rugosa";

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(f) in Column 2 of item 149, omit—"Centralian Carpet Python M. s. bredli";

(g) after item 149, insert—"149A Centralian Carpet Python Morelia bredli";

(h) in Column 2 of item 174, for "sudelli" substitute "sudellae".


In Part B of Schedule 3 to the Principal Regulations, item 53 is revoked.


In Part A of Schedule 4 to the Principal Regulations, items 2, 3 and 4 are revoked.


Part A of Schedule 5 to the Principal Regulations is revoked.


In Schedule 7 to the Principal Regulations, for "and (b)(i)" substitute "and (b)(ii)".

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ENDNOTES

Endnotes S.R. No. 75/2014


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1 Reg. 4: S.R. No. 64/2013.

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