Wildlife Amendment (Deer Farming) Regulations 2005

Wildlife Amendment (Deer Farming) Regulations 2005

I, the Administrator 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 .

E. C. CRAWFORD

Administrator

By His Excellency's Command,

JUDY JACKSON

Minister for Environment and Planning

1.   Short title

These regulations may be cited as the Wildlife Amendment (Deer Farming) Regulations 2005 .

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 3 amended (Interpretation)

Regulation 3(1) of the Principal Regulations is amended as follows:

(a) by inserting the following definition after the definition of antlerless deer :

approved deer farm fence means a fence that is approved by the Secretary under regulation 34B(1) ;

(b) by inserting the following definitions after the definition of cage :

deer farm means an area of land where deer are stocked for the purpose of farming or public display;

deer farmer means a person who owns, operates, manages or is in day-to-day control of a deer farm;

(c) by inserting the following definition after the definition of display :

farm deer means an animal of the species European Fallow Deer (Dama dama dama) that –

(a) is subject to the confines of a deer farm; or

(b) is kept as a pet or part of a hobby herd; or

(c) is taken from the wild under the authority of a permit for the purpose of forming deer farm stock; or

(d) was farmed under the Animal Farming (Registration) Act 1994 immediately before the day on which the Wildlife Amendment (Deer Farming) Regulations 2005 took effect;

(d) by inserting the following definition after the definition of wildlife exhibition licence :

wildlife officer means –

(a) the Secretary; or

(b) an inspector as defined in the Animal Health Act 1995 ; or

(c) an authorised officer as defined in the Nature Conservation Act 2002 ; or

(d) a person employed in the Department who is appointed by the Secretary to be a wildlife officer;

5.    Part 3A inserted

After regulation 34 of the Principal Regulations , the following Part is inserted:

PART 3A - Regulation of deer farming

34A.   Notice of intention to operate deer farm

(1)  Before a person operates a deer farm he or she, by notice in writing given to the Secretary, must notify the Secretary –

(a) of his or her intention to operate the deer farm; and

(b) of the proposed site of the deer farm; and

(c) of the full details of the fence to be used for the purpose of fully enclosing farm deer on the proposed site of the deer farm.

Penalty:  Fine not exceeding 20 penalty units.

(2)  On notification under subregulation (1) , the Secretary, by notice in writing given to the person intending to operate the deer farm, must –

(a) if the Secretary is satisfied that the fence to be used is effective for the purpose referred to in subregulation (1)(c) , advise that the fence is an approved deer farm fence; or

(b) if the Secretary is not satisfied that the fence is effective for that purpose, advise that the fence is not an approved deer farm fence.

(3)  A person must not operate a deer farm unless he or she has received notice under subregulation (2)(a) .

Penalty:  Fine not exceeding 50 penalty units.

34B.   Approval of, and inspection of, deer farm fences

(1)  The Secretary may approve a fence to be used for the purpose of fully enclosing farm deer on a deer farm.

(2)  A wildlife officer may, at any time, inspect a deer farm to ensure that it is fully enclosed by an approved deer farm fence.

(3)  If a wildlife officer who inspects a deer farm finds that the deer farm is not fully enclosed by an approved deer farm fence or that the fence is in such condition that it can no longer be effective for the purpose referred to in subregulation (1) , the wildlife officer may require, by notice in writing, the deer farmer to carry out any repairs, modifications or additions specified in the notice so that the deer farm will be fully enclosed by an approved deer farm fence.

(4)  A deer farmer must comply with a requirement made by a wildlife officer under subregulation (3) .

Penalty:  Fine not exceeding 100 penalty units.

(5)  A person must not interfere with an approved deer farm fence so as to cause, or to be likely to cause, any farm deer to escape.

Penalty:  Fine not exceeding 100 penalty units.

34C.   Deer farmer to keep records and give receipts

(1)  A deer farmer may –

(a) keep all records, or copies of records, necessary to establish ownership of each farm deer on his or her deer farm; and

(b) mark, brand or tag each farm deer on his or her deer farm to establish ownership of that farm deer.

(2)  Before a deer farmer disposes of any farm deer or product of farm deer to any other person, the deer farmer must give that other person a receipt describing –

(a) the date of disposal; and

(b) the farm deer or product of farm deer being disposed of; and

(c) the deer farm of origin.

Penalty:  Fine not exceeding 100 penalty units.

(3)  Subregulation (2) does not apply to any product of farm deer that is packaged for commercial sale or export.

(4)  A person, other than a deer farmer, must not possess any farm deer or product of farm deer unless that person is in possession of a receipt in accordance with subregulation (2) in respect of that farm deer or product of farm deer.

Penalty:  Fine not exceeding 100 penalty units.

(5)  A wildlife officer may seize and detain any farm deer or product of farm deer in respect of which ownership cannot be established in accordance with this regulation.

34D.   Escape or release of farm deer into the wild

(1)  A person must not –

(a) cause or permit, or do any act, matter or thing which is likely to cause or permit, any farm deer to escape into the wild; or

(b) cause or permit, or do any act, matter or thing likely to cause or permit, any farm deer to be released into the wild.

Penalty:  Fine not exceeding 100 penalty units.

(2)  As soon as practicable after a deer farmer becomes aware that any farm deer has escaped or has been released into the wild, he or she must –

(a) notify the Secretary of that escape or that release; and

(b) take all reasonable steps to –

(i) recover the escaped or released farm deer; or

(ii) if it is necessary to prevent an immediate risk to the public or environment, destroy the escaped or released farm deer.

Penalty:  Fine not exceeding 100 penalty units.

(3)  Any farm deer, having escaped or having been released into the wild, that is not recovered within a period of 48 hours after a deer farmer became aware of the escape or release is forfeited to the Crown.

(4)  A deer farmer may apply in writing to the Secretary for an extension of the period referred to in subregulation (3) .

(5)  On receipt of an application under subregulation (4) , the Secretary may –

(a) grant the extension for any period that he or she considers appropriate in the circumstances; or

(b) refuse to grant the extension.

34E.   Recovery or destruction of escaped or released farm deer

(1)  As soon as a wildlife officer is aware that any farm deer has escaped or has been released into the wild, he or she is to –

(a) take any steps he or she considers necessary to facilitate the recovery of the escaped or released farm deer; or

(b) destroy the escaped or released farm deer, if –

(i) he or she is of the opinion that it is necessary to prevent an immediate risk to the public or environment; or

(ii) the deer farmer consents to the destruction of the escaped or released farm deer.

(2)  A wildlife officer may require a deer farmer, by notice in writing, to take any action that the wildlife officer considers necessary to facilitate any one or more of the following:

(a) the destruction of any escaped or released farm deer;

(b) the recovery of any escaped or released farm deer;

(c) the prevention of the escape or release of any recovered farm deer;

(d) the prevention of the escape or release of any farm deer.

(3)  A deer farmer must comply with a requirement given by a wildlife officer under subregulation (2) .

Penalty:  Fine not exceeding 100 penalty units.

(4)  A deer farmer is liable to pay to the Crown the full amount of any costs, charges and expenses reasonably incurred by a wildlife officer in the destruction of, the recovery of, or an attempt to destroy or recover, any escaped or released farm deer.

(5)  The Crown is not liable to pay compensation in respect of any escaped or released farm deer that has been destroyed under this regulation.

Penalty:  Fine not exceeding 100 penalty units.

34F.   Entry on land to recover or destroy escaped or released farm deer

(1)  A wildlife officer must not enter any land for the purpose of recovering or destroying any escaped or released farm deer unless the wildlife officer has the permission of the owner or occupier of that land or the authority of the Secretary.

(2)  The Secretary may grant another wildlife officer authority to enter any land for the purpose of recovering or destroying any escaped or released farm deer if the Secretary has first consulted with the owner or occupier of that land.

34G.   Application of regulation 34D(4) and (5)

Regulation 34D(4) and (5) does not apply to –

(a) any farm deer that has escaped into the wild in respect of which ownership cannot be established in accordance with regulation 34C(1) ; or

(b) any farm deer that has been released into the wild in respect of which ownership cannot be established in accordance with regulation 34C(1) .

6.    Schedule 4 amended (Partly protected wildlife)

Schedule 4 to the Principal Regulations is amended by omitting

Cervidae

European Fallow Deer

Dama dama dama

and substituting:

Cervidae

European Fallow Deer that are not farm deer

Dama dama dama

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

Notified in the Gazette on 29 June 2005

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

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) to regulate the operation of deer farms; and

(b) to provide for matters relating to the operation of deer farms, including –

(i) the approval of, and inspection of, deer farm fences; and

(ii) the records to be kept by deer farmers; and

(iii) the receipts to be given by deer farmers; and

(iv) the obligations on deer farmers to prevent the escape or release of farm deer into the wild; and

(v) the powers of wildlife officers to enter on land to recover or destroy escaped or released farm deer; and

(c) by omitting farm deer from the definition of partly protected wildlife.