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

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.

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;

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

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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.

1. 
   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.

1. 
   20 penalty units.
   

(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.

1. 
   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.

1. 
   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.

1. 
   20 penalty units.
   

(6) Subregulation (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) Subregulation (1) does not apply to a person who is—

(a) authorised to do so under the Act; or

(b) the holder of a licence granted under the Forests Act 1958 to harvest timber or other forest produce; or

(ba) undertaking timber harvesting operations that are authorised operations referred to in section 45(2)(a) and (b)(i) of the Sustainable Forests (Timber) Act 2004; or

(c) authorised to do so under any other Act.

1. 
   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.

1. 
   20 penalty units.
   

(2) If a cage or enclosure is not designed, constructed and maintained in accordance with subregulation (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) Subregulation (1) does not apply to a person who has the authority in writing of the Secretary under subregulation (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 subregulation (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 subregulation (1); and

(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.

1. 
   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.

1. 
   20 penalty units.
   

(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.

1. 
   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

(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.


* * * * *

1. 
   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.

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.

1. 
   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.

1. 
   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.

1. 
   5 penalty units.
   

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.

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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.

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 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.

(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

(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

(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.

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