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Version No. 011 Wildlife Regulations 2002 S. R. No. 50/2002


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Part 4—Regulations Applying to Wildlife Licences

22 Prescribed categories of licences



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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;

(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


r. 23

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;

(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


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(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 subregulation (1) must be obtained before wildlife is kept at a premises that is not specified in the licence.

(3) In subregulation (1), specified wildlife licence means a wildlife licence that is not—

(a) a Wildlife Demonstrator Licence; or

(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



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(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.



  1. 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—


(a) specifically approved by the Secretary in writing; or

(b) with an exempt person.



  1. 20 penalty units.

27 Records and returns

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(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.



  1. 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.

  1. 20 penalty units.

(4) The holder of a wildlife licence must produce the record book for inspection when requested by an authorised officer.

  1. 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.

  1. 20 penalty units.

Reg. 27(6) amended by S.R. No. 88/2004 reg. 4(Sch. 1 item 53.1).

(6) The holder of a wildlife licence must pay the administration fee of 1 fee unit for additional record books or return forms if the record books or return forms have been lost or damaged.

  1. 20 penalty units.

(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.

  1. 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.



  1. 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.

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  1. 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.


  1. 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.

  1. 20 penalty units.

(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.



  1. 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.

  1. 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.

  1. 20 penalty units.

28 Condition of wildlife licence to report theft

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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.

__________________

Part 5—Private Wildlife Licences

29 Entitlements of a Private Wildlife (Basic) Licence



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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

(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


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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.

33 Conditions of a Private Wildlife (Specimen Category) Licence



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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

(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.


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__________________

Part 6—Commercial Wildlife Licences

Division 1—Wildlife Controller Licences

34 Entitlements of a Wildlife Controller Licence Type 1



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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

(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


r. 36

(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 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



r. 37

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.


40 Conditions of any Wildlife Dealer Licence Type 1 and any Wildlife Dealer Licence Type 2

r. 40

(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

(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


r. 40

(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

(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 subregulation (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



r. 41

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—

(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


r. 42

(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


(d) obtain prior written approval from the Secretary to accept as a gift, wildlife from any person unless that person—

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(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

(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


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(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.

Division 4—Wildlife Displayer Licences

43 Entitlements of a Wildlife Displayer Licence



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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

(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


r. 44

(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

(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


r. 44

(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; 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 subregulation (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


r. 45

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—

(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


r. 47

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

(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


r. 48

(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 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 subregulation (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.


r. 48

(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.

49 Conditions of a Wildlife Producer Licence Type 2



r. 49

(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

(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



r. 50

(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

(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


r. 50

(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


(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



r. 51

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 with the prior written approval of the Secretary.

52 Entitlements of a Wildlife Taxidermist Licence Type 2



r. 52

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

(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—


r. 53

(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 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



r. 54

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

(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.


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