Wildlife Amendment Regulations 2004

Wildlife Amendment Regulations 2004

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Nature Conservation Act 2002 .

23 August 2004

W. J. E. COX

Lieutenant-Governor

By His Excellency's Command,

STEVEN KONS

Minister for Primary Industries and Water acting for and on behalf of the Minister for Environment and Planning

1.   Short title

These regulations may be cited as the Wildlife Amendment Regulations 2004 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Wildlife Regulations 1999 are referred to as the Principal Regulations.

4.    Regulation 5 substituted

Regulation 5 of the Principal Regulations is rescinded and the following regulations are substituted:

5.   Persons to whom licences may be issued under this Part

(1)  A licence to take wildlife specified in the first column of Part 2, 3 or 4 of Schedule 9 may only be issued to an individual.

(2)  Except as provided by subregulation (1) , a licence may be issued to an individual, to 2 or more individuals jointly or to a body corporate.

5A.   Persons to whom permits may be issued under this Part

(1)  Subject to subregulation (2) , a permit may be issued to an individual, to 2 or more individuals jointly or to a body corporate.

(2)  A permit to take wildlife may not be issued to 2 or more individuals jointly or to a body corporate, except for scientific or educational purposes.

(3)  A permit to take wildlife for scientific or educational purposes may authorise persons other than the permit holder to take wildlife for those purposes if they do so at the direction and under the close supervision of the permit holder.

5.    Regulation 8 substituted

Regulation 8 of the Principal Regulations is rescinded and the following regulation is substituted:

8.   Licence or permit to be completed and returned

A person who is issued with a licence or permit must, if the licence or permit requires the person to do so, complete the licence or permit and return it to the Secretary –

(a) on or before the return date specified in the licence or permit; or

(b) within 14 days after the end of the season  for which the licence or permit is issued –

whichever is the earlier.

Penalty:  Fine not exceeding 50 penalty units.

6.    Regulation 13A inserted

After regulation 13 of the Principal Regulations , the following regulation is inserted in Division 1:

13A.   Permits to use devices to deter seals

(1)  A person must not use a device to deter a seal from interfering with fish farming or another fishing activity unless the person is authorised to do so by a permit.

Penalty:  Fine not exceeding 50 penalty units.

(2)  The Secretary may issue a permit authorising the use of a device that deters seals from interfering with fish farming or another fishing activity if the Secretary is satisfied that –

(a) the use of the device is necessary to ensure the viability of that fish farming or other fishing activity; and

(b) the applicant has a sufficient commercial connection with the fish farming or other fishing activity; and

(c) the user of the device has had adequate instructions and training in the safe and effective use of the device.

(3)  The Secretary may require the payment of a fee approved by the Minister for the issue of a permit under subregulation (2) .

(4)  Without prejudice to the generality of regulation 14(1) , a permit issued under this regulation may do either or both of the following:

(a) specify the circumstances or ways in which a device may be used;

(b) limit the use of a device to a specified time or locality.

(5)  In this regulation –

device means a device that –

(a) is designed to, or has the capability to, deter seals from entering or remaining in a particular area of water; and 

(b) involves the use of explosives or the discharge of a projectile or the use of a chemical substance.

7.    Regulation 17 amended (Partly protected wildlife)

Regulation 17(8) of the Principal Regulations is amended by omitting "wombat,".

8.    Regulation 32 amended (Special provisions as to muttonbirds)

Regulation 32(2) of the Principal Regulations is amended by inserting ", hook-shaped" after "barbed".

9.    Schedule 1 amended (Specially protected wildlife)

Schedule 1 to the Principal Regulations is amended as follows:

(a) by omitting the following item:

Cacatuidae

Western Long-billed Corella (southern ssp.)

Cacatua pastinator pastinator

(b) by omitting the following items:

	Alexandra's Parrot	Polytelis alexandrae
	Regent Parrot (eastern ssp.)	Polytelis anthopeplus anthopeplus
	Superb Parrot	Polytelis swainsonii
	Golden-shouldered Parrot	Psephotus chrysopterygius
	Hooded Parrot	Psephotus dissimilis

(c) by omitting the following item:

Fringillidae

Gouldian Finch

Erythrura gouldiae

10.    Schedule 2 amended (Protected wildlife)

Schedule 2 to the Principal Regulations is amended as follows:

(a) by omitting the following item:

Little Lorikeet

Glossopsitta pusilla

(b) by inserting after

Phocidae

Weddell Seal

Leptonychotes weddellii

the following item:

Cetacea

All whales and dolphins of the order Cetacea, excluding those listed in Schedule 1

All species of Cetacea excluding those listed in Schedule 1

11.    Schedule 3 amended (Protected wildlife which may be bought, sold or held without a permit)

Schedule 3 to the Principal Regulations is amended as follows:

(a) by inserting after

Galah

Cacatua roseicapilla

the following items:

	Western Long-billed Corella (southern ssp.)	Cacatua pastinator pastinator
Fringillidae	Gouldian Finch	Erythrura gouldiae

(b) by inserting after

Psittacidae

Rainbow Lorikeet

Trichoglossus haematodus

the following items:

	Little Lorikeet	Glossopsitta pusilla
	Alexandra's Parrot	Polytelis alexandrae
	Regent Parrot (eastern ssp.)	Polytelis anthopeplus anthopeplus
	Superb Parrot	Polytelis swainsonii
	Golden-shouldered Parrot	Psephotus chrysopterygius
	Hooded Parrot	Psephotus dissimilis

12.    Schedule 7 amended (Domestic stock)

Schedule 7 to the Principal Regulations is amended by inserting after

Domestic (Chinese) Goose

Anser cygnoides

the following item:

Mandarin Duck

Aix galericulata

13.    Schedule 11 amended (Prescribed offences in relation to which an infringement notice may be issued)

Schedule 11 to the Principal Regulations is amended as follows:

(a) by omitting

Item No.

Regulation

Penalty (penalty points)

and substituting the following:

Item No.

Regulation

Penalty (penalty units)

(b) by inserting after item 3 the following:

3A.

8

2

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 1 September 2004

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Wildlife Regulations 1999 by –

(a) making special provision in relation to permits to take wildlife for educational or scientific purposes; and

(b) restricting the use of devices to deter seals from interfering with fish farming or other fishing activities; and

(c) prohibiting the possession of wombats without a permit; and

(d) prohibiting the use or possession of hooks to remove muttonbirds from burrows; and

(e) revoking the requirement for persons to obtain a permit when buying, selling or possessing certain species of bird that are relatively common in aviculture in Tasmania; and

(f) prescribing that certain species of whale and dolphin are protected wildlife; and

(g) prescribing Mandarin Duck to be domestic stock; and

(h) prescribing a failure to complete and return a licence or permit as an infringement notice offence.