Wildlife Regulations 1999

Wildlife Regulations 1999

I, the 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 National Parks and Wildlife Act 1970 .

G. S. M. GREEN

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Wildlife Regulations 1999 .

2.   Commencement

These regulations take effect on 1 January 2000.

3.   Interpretation

(1)  In these regulations, unless the contrary intention appears –

[Regulation 3 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] Act means the Nature Conservation Act 2002 ;

adult male deer means an adult male deer with branching antlers;

antlerless deer means a deer that is –

(a) without antlers; and

(b) a form of partly protected wildlife;

[Regulation 3 Subregulation (1) amended by S.R. 2005, No. 67, Applied:29 Jun 2005] approved deer farm fence means a fence that is approved by the Secretary under regulation 34B(1) ;

Bass Strait islands means the islands in Bass Strait that are within the jurisdiction of the State;

brow tine means the tine closest to a deer's brow;

buy includes acquire for any consideration;

cage includes any pen, aviary, enclosure and structure in, or by means of, which wildlife is confined;

[Regulation 3 Subregulation (1) amended by S.R. 2007, No. 49, Applied:16 Jul 2007] certified forest practices plan means a certified forest practices plan within the meaning of the Forest Practices Act 1985 ;

[Regulation 3 Subregulation (1) amended by S.R. 2005, No. 67, Applied:29 Jun 2005] deer farm means an area of land where deer are stocked for the purpose of farming or public display;

[Regulation 3 Subregulation (1) amended by S.R. 2005, No. 67, Applied:29 Jun 2005] deer farmer means a person who owns, operates, manages or is in day-to-day control of a deer farm;

display, in relation to wildlife, means the display, for viewing by the public, of any wildlife held in captivity, other than wildlife kept under –

(a) a wildlife exhibition licence; or

(b) a travelling wildlife exhibition permit;

[Regulation 3 Subregulation (1) amended by S.R. 2005, No. 67, Applied:29 Jun 2005] 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;

fee unit means a fee unit within the meaning of the Fee Units Act 1997 ;

female deer means a female of any kind of deer which is partly protected wildlife;

[Regulation 3 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] inspector means a person appointed by the Secretary to exercise the functions of an inspector under these regulations;

[Regulation 3 Subregulation (1) amended by S.R. 2005, No. 12, Applied:05 Mar 2005] lead shot means shot that is made of lead or any alloy containing lead;

licence means a licence issued under Part 2;

light means any lamp or lantern or other device for providing illumination;

[Regulation 3 Subregulation (1) amended by S.R. 2001, No. 162, Applied:01 Jan 2002]

[Regulation 3 Subregulation (1) amended by S.R. 2001, No. 162, Applied:01 Jan 2002] [Regulation 3 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] open season, in relation to a form of partly protected wildlife, means the season during which the taking of the form of partly protected wildlife is permitted by order under section 30 of the Act;

partly protected wildlife means those forms of wildlife described in Schedule 4 ;

permit means a permit issued under Part 2 ;

pheasant means a pheasant that is a form of partly protected wildlife;

process of treatment, when used in relation to a skin, means any process for tanning or otherwise preserving a skin;

protected wildlife means those forms of wildlife described in Schedules 2 and 3 ;

[Regulation 3 Subregulation (1) amended by S.R. 2007, No. 49, Applied:16 Jul 2007] public authority management agreement means a public authority management agreement within the meaning of the Threatened Species Protection Act 1995 ;

[Regulation 3 Subregulation (1) amended by S.R. 2005, No. 12, Applied:05 Mar 2005] public land means –

(a) any land that is managed by a statutory authority if members of the public have lawful access to the land; and

(b) any Crown land that is subject to a lease if members of the public have lawful access to the land;

restricted wildlife means the forms of wildlife specified in Schedule 6 ;

sell means sell by wholesale or retail and includes –

(a) offer, display or expose for sale; and

(b) keep or have in possession for sale; and

(c) barter or exchange; and

(d) deal in or agree to sell; and

(e) supply, send, forward or deliver for sale or for, or in expectation of receiving, any payment or other consideration; and

(f) authorise, cause, attempt or allow any act referred to in paragraph (a) , (b) , (c) , (d) or (e) ;

specially protected wildlife means those forms of wildlife described in Schedule 1 ;

stock means –

(a) goats, horses, oxen, sheep, swine, cervids and camelids; and

(b) poultry of any kind; and

(c) oysters, mussels, abalone, scallops and clams; and

(d) fish of the family Salmonidae and goldfish;

[Regulation 3 Subregulation (1) amended by S.R. 2001, No. 29, Applied:04 Apr 2001]

travelling wildlife exhibition means a travelling show in which wildlife from a wildlife exhibition perform or are exhibited;

trez tine means the first major tine after the brow tine;

[Regulation 3 Subregulation (1) amended by S.R. 2006, No. 15, Applied:01 Mar 2006] wetland means a marsh, mudflat or other expanse of land that is, permanently, intermittently or cyclically, inundated with water, whether –

(a) the water is static or flowing; or

(b) the water is fresh, brackish or salt; or

(c) the inundation occurs as a result of a natural or artificial process.

wild duck means any bird of a species which is a member of the Family Anatidae that is a form of partly protected wildlife;

wildlife display permit means a permit issued under regulation 47;

wildlife exhibition means a collection of wildlife that is kept –

(a) ordinarily in a place in connection with the conduct of a circus or similar show held in that place or elsewhere in the State; or

(b) in a wildlife park, fauna park, zoo or similar place, for the purpose of public viewing, public entertainment or public amusement, on payment of a fee or otherwise;

wildlife exhibition licence means a licence issued and in force under Part 4 ;

[Regulation 3 Subregulation (1) amended by S.R. 2005, No. 67, Applied:29 Jun 2005] 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;

wildlife products means the products from any wildlife.

(2)  For the purposes of these regulations, any products of wildlife that have been canned or tinned or otherwise processed at licensed game meat processing works, or licensed pet food works, within the meaning of the Meat Hygiene Act 1985 , are taken not to be products of wildlife.

(3)  [Regulation 3 Subregulation (3) substituted by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The animals specified in Schedule 5 are prescribed to be restricted animals for the purposes of section 32 of the Act.

(4)  [Regulation 3 Subregulation (4) substituted by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The animals specified in Schedule 7 are prescribed to be domestic stock.

(5)  [Regulation 3 Subregulation (5) substituted by S.R. 2000, No. 230, Applied:27 Dec 2000] [Regulation 3 Subregulation (5) omitted by S.R. 2001, No. 162, Applied:01 Jan 2002] .  .  .  .  .  .  .  .  

PART 2 - Regulation of taking and trading in wildlife and wildlife products

Division 1 - Licences and permits

4.   Effect of licences and permits

A licence or permit may be issued for the purposes of this Part in accordance with its provisions, but, except as is specifically provided in these regulations, no such licence or permit authorises the doing of any act contrary to the provisions of these regulations or any other regulations under the Act.

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

[Regulation 5 Substituted by S.R. 2004, No. 72, Applied:01 Sep 2004]

(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

[Regulation 5A Inserted by S.R. 2004, No. 72, Applied:01 Sep 2004]

(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.

6.   Licences and permits

(1)  A licence specified in the first column of any Part of Schedule 9 may be issued in accordance with this regulation, authorising the holder to do such acts as are specified in the second column of that Part in respect of that licence.

(2)  [Regulation 6 Subregulation (2) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] A licence may be issued by the Secretary or by some person authorised by the Secretary to issue that licence.

(3)  [Regulation 6 Subregulation (3) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] [Regulation 6 Subregulation (3) amended by S.R. 2001, No. 29, Applied:04 Apr 2001] Nothing in this regulation is to be construed as requiring the Secretary to issue a licence or a permit.

(4)  A licence or permit issued under this Division may be issued subject to conditions or restrictions relating to –

(a) the manner in which an animal taken by the licence holder may be identified; and

(b) the affixing of a tag by the licence holder to an animal so taken.

(5)  The holder of a licence under this Division must not fail to comply with a condition or restriction to which the licence is subject.

Penalty:  Fine not exceeding 50 penalty units.

(6)  [Regulation 6 Subregulation (6) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] A licence is not to be issued contrary to any instructions given by the Secretary and a licence issued contrary to any such instructions is of no effect.

(7)  [Regulation 6 Subregulation (7) amended by S.R. 2001, No. 29, Applied:04 Apr 2001] An application for a licence or an application for a permit is to be accompanied by a written notification of all relevant offences of which the applicant has been convicted within the period of 5 years preceding the date on which the application is made.

(8)  [Regulation 6 Subregulation (8) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] [Regulation 6 Subregulation (8) substituted by S.R. 2001, No. 29, Applied:04 Apr 2001] If an applicant for a licence or a permit, within 5 years before the date of the making of the application, has been convicted of a relevant offence, the licence or permit is not to be issued except with the approval of the Secretary.

(9)  [Regulation 6 Subregulation (9) substituted by S.R. 2001, No. 29, Applied:04 Apr 2001] A person who holds a licence or a permit must not make application for another licence or permit of the same kind and any licence or permit issued in pursuance of such an application is of no effect.

Penalty:  Fine not exceeding 50 penalty units.

(10)  [Regulation 6 Subregulation (10) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] [Regulation 6 Subregulation (10) substituted by S.R. 2001, No. 29, Applied:04 Apr 2001] Any person issued with a licence or a permit that is of no effect must surrender that licence or permit to the Secretary or an authorised officer.

Penalty:  Fine not exceeding 50 penalty units.

(11)  For the purposes of this regulation,

relevant offence means an offence under the Act or these regulations.

7.   Tag not to be removed

(1)  [Regulation 7 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] Where a tag has been affixed to an animal in accordance with this regulation, a person must not remove that tag unless authorised to do so by the Secretary.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person must not interfere with, damage or deface a tag affixed to an animal in accordance with this regulation.

Penalty:  Fine not exceeding 50 penalty units.

8.   Holder of licence or permit to provide return

[Regulation 8 Amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] [Regulation 8 Substituted by S.R. 2004, No. 72, Applied:01 Sep 2004] [Regulation 8 Substituted by S.R. 2006, No. 15, Applied:01 Mar 2006]

(1)  The secretary may direct the holder of a licence or permit to provide the Secretary with a return, in a form approved by the Secretary, giving such particulars as the Secretary specifies.

(2)  The holder of a licence or permit must comply with a direction under subregulation (1)  –

(a) on or before the date specified in the direction; or

(b) where no date is specified in the direction, within 28 days after the end of the period for which the licence or permit is issued.

Penalty:  Fine not exceeding 50 penalty units.

9.   Fee for licence

(1)  [Regulation 9 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] Subject to subregulation (2) , a licence is not to be issued unless the fee set out for that licence in the third column of Schedule 9 is paid to the Secretary or to the person by whom the licence is issued.

(2)  Where the Minister in any special case so approves, a licence may be issued without payment of the fee or on payment of a lesser fee than that required by subregulation (1) .

10.   Cancellation of licence

[Regulation 10 Amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary may, at any time, cancel a licence by serving a notice in writing on the holder stating that the licence is cancelled and the grounds on which it has been so cancelled, and on the service of that notice the licence ceases to be of any effect and the holder must surrender it to the Secretary.

11.   Permits for export

(1)  [Regulation 11 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] [Regulation 11 Subregulation (1) substituted by S.R. 2000, No. 44, Applied:31 May 2000] The Secretary or a person authorised by the Secretary in that behalf may issue a permit authorising the removal from the State of any form of partly protected, protected or specially protected wildlife, or the products of any such wildlife, specified in the permit.

(2)  [Regulation 11 Subregulation (2) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] Subject to subregulation (3) , a permit is not to be issued unless the following fee is paid to the Secretary or person issuing the permit:

(a) in the case of a permit that relates to living creatures –

(i) 10 fee units; or

(ii) 2 fee units for each creature –

whichever is the greater;

(b) in any other case, 10 fee units.

(3)  [Regulation 11 Subregulation (3) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] [Regulation 11 Subregulation (3) amended by S.R. 2000, No. 44, Applied:31 May 2000] Where the Secretary is satisfied that the removal from the State of any partly protected, protected or specially protected wildlife or the products of any such wildlife is required for some scientific or educational purpose, the Secretary may issue a permit under this regulation without payment of the fee referred to in subregulation (2) .

12.   Permits for taking specially protected, protected or partly protected wildlife in special cases

(1)  [Regulation 12 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] Where the Secretary is satisfied that it is necessary or desirable so to do, the Secretary may issue a permit authorising the person named in the permit or some person acting under the Secretary's direction to take, have possession of, buy or sell or otherwise dispose of, as may be specified in the permit, such specially protected wildlife, protected wildlife or partly protected wildlife or the products of such wildlife as may be specified in the permit.

(2)  [Regulation 12 Subregulation (2) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary may require the payment of a fee for the issue of a permit under subregulation (1) .

13.   Permits for taking of wildlife to prevent injury to crops

(1)  [Regulation 13 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary or a person authorised by the Secretary in that behalf may issue a permit authorising the taking of wildlife as may be specified in the permit if satisfied that it is proper to do so to prevent the destruction of, or injury to, any stock or plants caused by that wildlife.

(2)  A permit issued under this regulation may authorise the possession or selling or other disposal of the wildlife taken under the authority of the permit or the products of any such wildlife.

(3)  [Regulation 13 Subregulation (3) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary may require the payment of a fee approved by the Minister for the issue of a permit under subregulation (1) .

13A.   Permits to use devices to deter seals

[Regulation 13A Inserted by S.R. 2004, No. 72, Applied:01 Sep 2004]

(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.

14.   General effect of permits

(1)  A permit may specify the circumstances in which or the conditions subject to which the authority granted by the permit may be exercised.

(2)  Without prejudice to the generality of subregulation (1) , the circumstances and conditions may relate to all or any of the following matters:

(a) the time at which, the period within which or the place at which the authority may be exercised;

(b) the manner in which it may or may not be exercised;

(c) the precautions to be observed in the exercise of the authority;

(d) the person by whom any act authorised by the permit is to be done, or the supervision or control under which any such act is to be done;

(e) the disposal of, or other dealings with, any wildlife or wildlife products taken under the authority of the permit;

(f) the records to be kept or notifications to be given in relation to the exercise of the authority.

(3)  A person to whom a permit is issued under this Part must ensure that the conditions under which the authority granted by the permit may be exercised are complied with.

Penalty:  Fine not exceeding 50 penalty units.

Division 2 - Taking, and trading in, wildlife and wildlife products

15.   Prohibition on taking specially protected wildlife

(1)  Except as may be authorised by a permit, a person must not take, buy, sell or have possession of any form of specially protected wildlife or the products of such wildlife.

Penalty:  Fine not exceeding 100 penalty units.

(2)  Subregulation (1) does not apply to the having possession of specially protected wildlife that is kept by the holder of a wildlife exhibition licence pursuant to that licence.

(3)  [Regulation 15 Subregulation (3) inserted by S.R. 2007, No. 49, Applied:16 Jul 2007] Also, subregulation (1) does not apply to the taking of specially protected wildlife by –

(a) a person undertaking the clearance of native vegetation or the harvesting of trees in accordance with a certified forest practices plan or a public authority management agreement, unless the Secretary, by notice in writing, requires the person to obtain a permit; or

(b) a person undertaking dam works in accordance with a dam permit granted under the Water Management Act 1999 after the commencement of Part 3 of the Dam Works Legislation (Miscellaneous Amendments) Act 2007 .

16.   Taking protected wildlife

(1)  Except as may be authorised by a permit, a person must not take, buy, sell or have possession of any form of protected wildlife or the products of such wildlife.

Penalty:  [Regulation 16 Subregulation (1) amended by S.R. 2000, No. 44, Applied:31 May 2000] Fine not exceeding 100 penalty units.

(2)  Subregulation (1) does not apply to –

(a) the buying, selling or having possession of a form of wildlife described in Schedule 3 or a product of that form of wildlife; or

(b) the having possession of protected wildlife that is kept by the holder of a wildlife exhibition licence pursuant to that licence; or

(c) the having possession of a product of a form of wildlife referred to in paragraph (b) that is kept as provided in that paragraph; or

(d) the taking of a snake which a person reasonably believes may threaten the life of a person or a domestic animal; or

(e) the taking of, or having possession of, amphibian eggs or tadpoles; or

(f) the taking of, or having possession of, up to 6 adult specimens each of metallic skink, spotted skink, common froglet and brown tree frog.

(3)  [Regulation 16 Subregulation (3) inserted by S.R. 2007, No. 49, Applied:16 Jul 2007] Also, subregulation (1) does not apply to the taking of protected wildlife by –

(a) a person undertaking the clearance of native vegetation or the harvesting of trees in accordance with a certified forest practices plan or a public authority management agreement, unless the Secretary, by notice in writing, requires the person to obtain a permit; or

(b) a person undertaking dam works in accordance with a dam permit granted under the Water Management Act 1999 after the commencement of Part 3 of the Dam Works Legislation (Miscellaneous Amendments) Act 2007 .

17.   Partly protected wildlife

(1)  A person must not take any form of partly protected wildlife described in Schedule 4 or any product of such wildlife unless that person is authorised to do so by a licence or permit.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person must not take a form of partly protected wildlife or any product of that form of partly protected wildlife other than during an open season for that form of partly protected wildlife unless that person is authorised to do so by a permit.

Penalty:  Fine not exceeding 50 penalty units.

(2A)  [Regulation 17 Subregulation (2A) inserted by S.R. 2007, No. 49, Applied:16 Jul 2007] Subregulations (1) and (2) do not apply to the taking of partly protected wildlife by –

(a) a person undertaking the clearance of native vegetation or the harvesting of trees in accordance with a certified forest practices plan or a public authority management agreement, unless the Secretary, by notice in writing, requires the person to obtain a permit; or

(b) a person undertaking dam works in accordance with a dam permit granted under the Water Management Act 1999 after the commencement of Part 3 of the Dam Works Legislation (Miscellaneous Amendments) Act 2007 .

(3)  A person must not sell any product of any form of partly protected wildlife unless that person is authorised to do so by a licence or permit.

Penalty:  Fine not exceeding 100 penalty units.

(4)  Subregulation (3) does not apply to the sale of –

(a) a skin of a wallaby or brushtail possum which has been –

(i) marked in accordance with regulation 22 ; or

(ii) subjected to a process of treatment; or

(b) an egg of a pheasant or brown quail produced by a bird held in captivity; or

(c) [Regulation 17 Subregulation (4) amended by S.R. 2006, No. 15, Applied:01 Mar 2006] a product of a juvenile muttonbird sold by a person authorised under the Meat Hygiene Act 1985 to process juvenile muttonbirds.

(5)  A person must not take or possess an egg of any form of partly protected wildlife, other than an egg of a pheasant or brown quail produced by a bird held in captivity, unless that person is authorised to do so by a permit.

Penalty:  Fine not exceeding 50 penalty units.

(6)  Subregulation (5) does not apply to the possession of an egg of any form of partly protected wildlife under a wildlife exhibition licence.

(7)  A person must not buy an egg of any form of partly protected wildlife, other than an egg of a pheasant or brown quail produced by a bird held in captivity, unless that person is authorised to do so by a permit.

Penalty:  Fine not exceeding 50 penalty units.

(8)  [Regulation 17 Subregulation (8) amended by S.R. 2004, No. 72, Applied:01 Sep 2004] A person must not possess a live creature which is a form of partly protected wildlife, other than a wallaby, brushtail possum, pheasant, brown quail or wild duck, unless that person is authorised to do so by a permit.

Penalty:  Fine not exceeding 50 penalty units.

(9)  Subregulation (8) does not apply to the possession of a live creature which is a form of partly protected wildlife held under a wildlife exhibition licence.

(10)  A person must not sell a live creature which is a form of partly protected wildlife unless that person is authorised to do so by a permit.

Penalty:  Fine not exceeding 50 penalty units.

18.   Restricted wildlife

A person must not buy, sell or have possession of any form of restricted wildlife described in Schedule 6 or any product of such wildlife unless that person is authorised to do so by a permit.

Penalty:  Fine not exceeding 50 penalty units.

19.   Dealing with wildlife unlawfully taken

(1)  A person must not buy or sell any wildlife that has been taken contrary to these regulations or any product of any wildlife so taken.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person must not possess any wildlife that has been taken contrary to these regulations or any product of any wildlife so taken.

Penalty:  Fine not exceeding 50 penalty units.

20.   Export of wildlife

[Regulation 20 Substituted by S.R. 2000, No. 44, Applied:31 May 2000] Except as may be authorised by a permit, a person must not remove, or cause or allow to be removed, from the State any form of partly protected, protected or specially protected wildlife or the products of any such wildlife.

Penalty:  Fine not exceeding 100 penalty units.

21.   Dealings in wallaby skins and brushtail possum skins

(1)  Except as may be authorised by a licence or permit, a person must not buy or sell an untreated wallaby skin or brushtail possum skin or an unmarked wallaby skin or brushtail possum skin.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Subregulation (1) does not prevent a single individual from buying during an open season not more than 10 untreated and unmarked skins.

(3)  For the purposes of this regulation, a licence referred to in Part 2 of Schedule 9 that authorises the selling of a skin, or the products, of a wallaby, is taken to authorise the selling of any such skin, or any such product, that is an untreated skin or an unmarked skin.

(4)  Any person who buys an unmarked skin must, within 28 days of receiving the skin, produce that skin to an inspector and pay the royalty payable in respect of the skin under regulation 22 .

Penalty:  Fine not exceeding 50 penalty units.

(5)  Except as may be authorised by a permit, a person must not, otherwise than during an open season or the period of 14 days immediately following the end of the season, be in possession of an unmarked skin.

Penalty:  Fine not exceeding 50 penalty units.

(6)  A person must not prepare an unmarked skin for any process of treatment or carry out any process of treatment, or any part of such a process, on an unmarked skin.

Penalty:  Fine not exceeding 50 penalty units.

22.   Royalties in respect of wallaby skins and brushtail possum skins

(1)  In respect of each skin of a kind specified in the first column of Schedule 10 , a royalty of an amount specified in the second column of that schedule is payable.

(2)  [Regulation 22 Subregulation (2) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] When a skin referred to in subregulation (1) is produced to an inspector and the royalty payable in respect of that skin is paid to the inspector, the inspector is to mark the skin in a manner approved by the Secretary.

(3)  [Regulation 22 Subregulation (3) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary may waive the payment of the royalty in respect of the skins of creatures taken in pursuance of a permit issued under regulation 13 and where such a skin is produced to an inspector the inspector, if satisfied that the skin is a skin in respect of which the payment of the royalty has been so waived, is to mark the skin in a manner approved by the Secretary.

23.   Records of dealings in skins

(1)  The holder of a licence specified in Part 2 of Schedule 9 who sells or otherwise disposes of any wallaby skins must, as soon as practicable –

(a) record on that licence –

(i) the number of skins so sold or disposed of; and

(ii) the name and address of the place of abode or business of the person to whom they were sold or disposed of; and

(iii) the date on which they were sold or disposed of; and

(b) sign and date that record.

(2)  Where under subregulation (1) a record is required to be made with respect to the sale or other disposal of any skins, the person to whom those skins are sold or disposed of is to sign and date that record.

(3)  [Regulation 23 Subregulation (3) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The holder of a fauna dealer’s licence (skins) must keep and maintain a record in a form approved by the Secretary of all sales and purchases by the holder of, and other dealings in, wallaby skins and brushtail possum skins.

Penalty:  Fine not exceeding 50 penalty units.

(4)  A record required to be kept under subregulation (3) is to show in relation to each sale or purchase of, or other dealings in, any skins –

(a) the date of that sale, purchase or other dealing; and

(b) the number of those skins; and

(c) the name and address of the place of abode or business of the person to whom the skins were sold, or from whom they were purchased or with whom the other dealing took place, as the case may be.

(5)  [Regulation 23 Subregulation (5) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The holder of a fauna dealer’s licence (skins) must, not later than the fourteenth day of each month provide the Secretary with a copy of the record kept under subregulation (3) in respect of the sales and purchases of, and other dealings in, skins during the preceding calendar month.

Penalty:  Fine not exceeding 50 penalty units.

(6)  The holder of a fauna dealer’s licence (skins) must not –

(a) in a record kept under subregulation (3) , make a statement, or supply information, knowing it to be false or misleading in a material particular; or

(b) [Regulation 23 Subregulation (6) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] fail to furnish to the Secretary a copy of such a record on or before the appropriate day specified by that subregulation.

Penalty:  Fine not exceeding 50 penalty units.

24.   Restrictions on receiving wallaby skins and brushtail possum skins

(1)  [Regulation 24 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] Except as authorised by a permit issued under subregulation (3) by the Secretary, a person must not receive a wallaby skin or brushtail possum skin as the employee or agent of, or otherwise on behalf of, the holder of a fauna dealer’s licence (skins).

Penalty:  Fine not exceeding 50 penalty units.

(2)  [Regulation 24 Subregulation (2) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The holder of a fauna dealer’s licence (skins) may, by written notice to the Secretary, nominate a person as the person whom the holder wishes to receive a wallaby skin or brushtail possum skin as an employee or agent of, or otherwise on behalf of, the holder of the licence.

(3)  [Regulation 24 Subregulation (3) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] Where the Secretary receives a notice under subregulation (2) , the Secretary may issue a permit to the person nominated by the holder of the licence authorising that person to receive a wallaby skin or brushtail possum skin as the employee or agent of, or otherwise on behalf of, the holder of the licence.

(4)  [Regulation 24 Subregulation (4) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The holder of a fauna dealer’s licence (skins) may, by written notice to the Secretary, revoke the nomination of a person contained in a notice under subregulation (2) given by the holder of the licence.

(5)  [Regulation 24 Subregulation (5) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary, on receipt of a notice under subregulation (4) from the holder of a fauna dealer’s licence (skins), is to cancel the permit to which the notice relates by serving on the holder of the permit a written notice stating that –

(a) the permit is cancelled; and

(b) it has been cancelled on the ground that the nomination of that person has been revoked by the holder of the licence.

(6)  [Regulation 24 Subregulation (6) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] If at any time the Secretary considers that there are grounds for cancelling a permit, other than the ground referred to in subregulation (5) , the Secretary may cancel the permit by serving on the holder a written notice stating that the permit is cancelled and the grounds for its cancellation.

(7)  [Regulation 24 Subregulation (7) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] Where a notice under subregulation (5) or (6) cancelling a permit is served on a person, the permit ceases to have effect and the person must surrender it to the Secretary as soon as practicable.

Penalty:  Fine not exceeding 50 penalty units.

25.   Deer, pheasant and brown quail

(1)  [Regulation 25 Subregulation (1) substituted by S.R. 2001, No. 162, Applied:01 Jan 2002] Except as authorised by a permit, a person must not take more than 2 deer during an open season, that total being made up of –

(a) one adult male deer and one antlerless deer; or

(b) 2 antlerless deer.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Except as may be authorised by a permit, a person must not during an open season take more than 3 adult male pheasant in any one day.

Penalty:  Fine not exceeding 50 penalty units.

(3)  Except as may be authorised by a permit, a person must not during an open season take more than 20 brown quail in any one day.

Penalty:  Fine not exceeding 50 penalty units.

(4)  A person must not remove the head or sever the body of any deer at a place other than the usual residence of the holder of the licence under which the deer was taken except –

(a) [Regulation 25 Subregulation (4) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] with the permission of the Secretary; or

(b) where all products of the deer have been labelled with the name and address of the licence holder and the numbers of the relevant licence and tag.

Penalty:  Fine not exceeding 50 penalty units.

(5)  A reference in this regulation to a creature of any kind includes a reference to the products of that creature.

26.   Bag limits in respect of certain birds

(1)  Except as may be authorised by a permit, a person must not in any one day during an open season take more than 10 wild duck, of which –

(a) no more than 6 may be Australian Shelduck (Mountain Duck), if taken on Flinders Island; or

(b) no more than 4 may be Australian Shelduck (Mountain Duck), if taken elsewhere.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Except as may be authorised by a permit, a person must not in any one day during an open season take more than the following number of juvenile muttonbirds:

(a) in the Bass Strait islands, 25;

(b) elsewhere, 15.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A reference in this regulation to a bird of any kind includes a reference to the products of that bird.

27.   Holder of commercial muttonbird operator's licence to provide return

[Regulation 27 Amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The holder of a commercial muttonbird operator’s licence must, within 14 days following the end of the open season to which the licence relates, provide the Secretary with a return, in a form approved by the Secretary, giving such particulars relating to juvenile muttonbirds taken under the authority of the licence as the Secretary requires.

PART 3 - Regulation of hunting

28.   Illegal forms of hunting generally

(1)  A person must not take any wildlife by the process or method commonly known as smoking-out.

Penalty:  Fine not exceeding 50 penalty units.

(2)  [Regulation 28 Subregulation (2) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] [Regulation 28 Subregulation (2) amended by S.R. 2000, No. 44, Applied:31 May 2000] Except with the permission of the Secretary, a person must not take any bird (other than a muttonbird) that is a form of partly protected wildlife, protected wildlife or specially protected wildlife by any means other than by shooting with a firearm.

Penalty:  Fine not exceeding 50 penalty units.

(3)  [Regulation 28 Subregulation (3) amended by S.R. 2000, No. 44, Applied:31 May 2000] A person must not, in taking, or for the purpose of taking, any form of partly protected wildlife, protected wildlife or specially protected wildlife, use or have possession of –

(a) a firearm having a bore greater than the bore commonly known as No. 12; or

(b) a firearm that is fitted with a silencer.

Penalty:  Fine not exceeding 50 penalty units.

(4)  For the purposes of subregulation (3)(b) , a silencer means any device, instrument or thing by means of which the sound caused by the discharge of a firearm is made less audible, whether such device, instrument or thing forms part of the firearm or is or can be affixed or attached to the firearm.

(5)  [Regulation 28 Subregulation (5) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] [Regulation 28 Subregulation (5) amended by S.R. 2000, No. 44, Applied:31 May 2000] Except with the permission of the Secretary, a person must not use, during the period commencing one hour after sunset on any day and ending one hour before sunrise on the next day, a firearm for the purpose of taking any form of partly protected wildlife, protected wildlife or specially protected wildlife.

Penalty:  Fine not exceeding 50 penalty units.

(6)  [Regulation 28 Subregulation (6) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] [Regulation 28 Subregulation (6) amended by S.R. 2000, No. 44, Applied:31 May 2000] Except with the permission of the Secretary, a person must not, in taking, or for the purpose of taking, any form of partly protected wildlife, protected wildlife or specially protected wildlife, use or have possession of –

(a) a spear or bow or arrow; or

(b) an explosive substance; or

(c) a poison or a poisonous or stupefying substance; or

(d) birdlime or any viscid or adhesive substance; or

(e) a chemical compound; or

(f) a solid-jacketed military bullet of any calibre.

Penalty:  Fine not exceeding 50 penalty units.

(7)  [Regulation 28 Subregulation (7) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] Except with the permission of the Secretary, a person must not use, apply or expose birdlime, or any viscid or adhesive substance in such manner, or in such circumstances, that it may catch or ensnare any bird.

Penalty:  Fine not exceeding 50 penalty units.

29.   Use of bait

(1)  [Regulation 29 Subregulation (1) amended by S.R. 2000, No. 44, Applied:31 May 2000] A person must not use for the purpose of bait the carcass, or any part of the carcass, of any bird that is a form of partly protected wildlife, protected wildlife or specially protected wildlife.

Penalty:  Fine not exceeding 50 penalty units.

(2)  [Regulation 29 Subregulation (2) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] [Regulation 29 Subregulation (2) amended by S.R. 2000, No. 44, Applied:31 May 2000] Except with the permission of the Secretary, a person must not use the carcass of an animal that is a form of partly protected wildlife, protected wildlife or specially protected wildlife for any drag-hunt, dog race or dog training purpose.

Penalty:  Fine not exceeding 50 penalty units.

(3)  For the purpose of subregulation (2)  –

drag-hunt means a hunt in which dogs are encouraged to follow a scent trail made by dragging the carcass of an animal over the ground;

dog race means a race involving the pursuit by dogs of a lure which may be the carcass of an animal.

(4)  [Regulation 29 Subregulation (4) amended by S.R. 2000, No. 44, Applied:31 May 2000] A person must not use any live creature that is a form of partly protected wildlife, protected wildlife or specially protected wildlife for the purpose of taking wildlife.

Penalty:  Fine not exceeding 50 penalty units.

(5)  [Regulation 29 Subregulation (5) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] [Regulation 29 Subregulation (5) amended by S.R. 2000, No. 44, Applied:31 May 2000] [Regulation 29 Subregulation (5) substituted by S.R. 2007, No. 5, Applied:28 Feb 2007] Except with the permission of the Secretary, a person must not discharge a firearm for the purpose of taking any form of partly protected wildlife, protected wildlife or specially protected wildlife if the person is –

(a) in a conveyance; or

(b) within 10 metres of a conveyance that the person has left for the purpose of taking wildlife.

Penalty:  Fine not exceeding 50 penalty units.

(5A)  [Regulation 29 Subregulation (5A) inserted by S.R. 2007, No. 5, Applied:28 Feb 2007] However, subregulation (5) does not apply to a person taking wild duck if the person –

(a) is in a vessel that is not underway; and

(b) takes the wild duck in accordance with a licence or permit.

(5B)  [Regulation 29 Subregulation (5B) inserted by S.R. 2007, No. 5, Applied:28 Feb 2007] For the purposes of subregulation (5A) , a vessel is taken to be underway if it is being propelled directly or indirectly by one or more of the following:

(a) an engine;

(b) a sail;

(c) an oar, paddle or pole.

(6)  [Regulation 29 Subregulation (6) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] [Regulation 29 Subregulation (6) amended by S.R. 2000, No. 44, Applied:31 May 2000] Except with the permission of the Secretary, a person must not use, or have possession of, any light in taking, or for the purpose of taking, any form of partly protected wildlife, protected wildlife or specially protected wildlife.

Penalty:  Fine not exceeding 50 penalty units.

30.   Organised shoot not to be held without permit

(1)  Except as may be authorised by a permit, a person must not –

(a) arrange or provide facilities for an organised shoot; or

(b) while carrying a firearm, take part in an organised shoot.

Penalty:  Fine not exceeding 50 penalty units.

(2)  [Regulation 30 Subregulation (2) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary may issue a permit, subject to such terms and conditions as may be specified in the permit, authorising the holding of an organised shoot.

(3)  Where a person while carrying a firearm takes part in an organised shoot held under a permit issued under subregulation (2) , the person must comply with the terms and conditions specified in the permit that are applicable to the person.

Penalty:  Fine not exceeding 50 penalty units.

(4)  For the purposes of this regulation, an organised shoot is a gathering of persons, at least 15 of whom are carrying firearms, who –

(a) are assembled for the purpose of; or

(b) are engaged in; or

(c) are intending to engage in –

the taking of any wildlife.

31.   Nets, snares and traps

(1)  A person who uses, sets, lays or places in position any net, snare or trap of any kind for the purpose of taking any wildlife must remove, destroy or render harmless any net, snare or trap that is no longer in use.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person who uses, sets, lays or places in position any net, snare or trap for the purpose of taking any wildlife must –

(a) inspect that net, snare or trap at intervals not exceeding 24 hours; and

(b) immediately remove or release from the net, snare or trap any wildlife the person finds to be caught in the net, snare or trap.

Penalty:  Fine not exceeding 50 penalty units.

32.   Special provisions as to muttonbirds

(1)  A person must not take any muttonbird during the period commencing one hour after sunset on any day and ending one hour before sunrise on the following day.

Penalty:  Fine not exceeding 50 penalty units.

(2)  [Regulation 32 Subregulation (2) amended by S.R. 2004, No. 72, Applied:01 Sep 2004] A person must not use, or have possession of, any pointed, barbed, hook-shaped or sharpened implement for the purpose of taking any muttonbird from a burrow.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A person must not take any muttonbirds by means, or with the assistance, of a dog.

Penalty:  Fine not exceeding 50 penalty units.

(4)  [Regulation 32 Subregulation (4) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] Except with the permission of the Secretary, a person must not –

(a) dig out, destroy, damage or in any way render useless any muttonbird burrow; or

(b) wilfully interfere with any muttonbird or muttonbird burrow on or in the vicinity of a muttonbird rookery; or

(c) take any adult muttonbird.

Penalty:  Fine not exceeding 50 penalty units.

(5)  Nothing in subregulation (4)(b) prevents the doing of any act reasonably necessary for the taking of a muttonbird under the authority of a licence or permit.

33.   Special provisions as to deer

(1)  A person must not use a dog to take a deer.

Penalty:  Fine not exceeding 50 penalty units.

(2)  [Regulation 33 Subregulation (2) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] A person must not, except with the permission of the Secretary, take a deer otherwise than by shooting with a rifle –

(a) with a calibre of not less than 6 millimetres; and

(b) which is capable of delivering a projectile having a kinetic energy of 1350 joules at a distance of 100 metres from the rifle.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A person who has taken an adult male deer must immediately fix and lock a prescribed tag to the antler of the deer around the beam between the brow and the trez tine.

Penalty:  Fine not exceeding 50 penalty units.

(4)  A person who has taken an antlerless deer must immediately fix and lock a prescribed tag through the lower jaw of the deer.

Penalty:  Fine not exceeding 50 penalty units.

(4A)  [Regulation 33 Subregulation (4A) inserted by S.R. 2007, No. 5, Applied:28 Feb 2007] A person must not affix a prescribed tag to a deer if it is a tag that has been issued to another person.

Penalty:  Fine not exceeding 50 penalty units.

(5)  [Regulation 33 Subregulation (5) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] A person must not, except with the permission of the Secretary, remove a prescribed tag fixed to a deer in accordance with subregulation (3) or (4) .

Penalty:  Fine not exceeding 50 penalty units.

(6)  A person must not interfere with, damage or deface a prescribed tag.

Penalty:  Fine not exceeding 50 penalty units.

(7)  In this regulation,

prescribed tag means a tag issued to the holder of a deer licence at the time of the issue of the licence.

34.   Special provisions as to wild duck

(1)  [Regulation 34 Subregulation (1) amended by S.R. 2000, No. 44, Applied:31 May 2000] A person who is in a vessel that is being driven or propelled by an engine or other mechanical means must not take or wilfully rouse or disturb any wild duck.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person must not use, or assist in the use of, any aircraft for the purpose of rousing or disturbing any wild duck.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A person must not use any bait, live bird, tape recorder or electronic device to attract wild duck for the purpose of taking wild duck.

Penalty:  Fine not exceeding 50 penalty units.

(4)  A person must not use any weapon other than a shotgun with a smooth bore for the purpose of taking, rousing or wilfully disturbing any wild duck.

Penalty:  Fine not exceeding 50 penalty units.

(5)  [Regulation 34 Subregulation (5) substituted by S.R. 2007, No. 5, Applied:28 Feb 2007] A person must not –

(a) remove the head from a wild duck that has had its wings removed; or

(b) remove the wings from a wild duck that has had its head removed –

unless the person is at the residence, camp or shack of the holder of the licence under which the wild duck was taken.

Penalty:  Fine not exceeding 50 penalty units.

(6)  [Regulation 34 Subregulation (6) inserted by S.R. 2005, No. 12, Applied:05 Mar 2005] Except with the permission of the Secretary, a person who is on any public land during the open season for the taking of wild duck must not use, or have possession of, any ammunition containing lead shot for the purpose of taking wild duck on that public land.

Penalty:  Fine not exceeding 50 penalty units.

(7)  [Regulation 34 Subregulation (7) inserted by S.R. 2006, No. 15, Applied:01 Mar 2006] Except with the permission of the Secretary, a person who, during the open season for the taking of wild duck, is on any –

(a) wetland; or

(b) lake, dam, harbour, estuary or lagoon; or

(c) river, creek, canal or other watercourse;

must not have possession of, or use, ammunition containing lead shot for the purpose of taking wild duck.

Penalty:  Fine not exceeding 50 penalty units.

(8)  [Regulation 34 Subregulation (8) inserted by S.R. 2006, No. 15, Applied:01 Mar 2006] Except with the permission of the Secretary, a person must not, during the open season for the taking of wild duck, discharge lead shot from a firearm onto or across any –

(a) wetland; or

(b) lake, dam, harbour, estuary or lagoon; or

(c) river, creek, canal or other watercourse.

Penalty:  Fine not exceeding 50 penalty units.

PART 3A - Regulation of deer farming

34A.   Notice of intention to operate deer farm

[Regulation 34A Inserted by S.R. 2005, No. 67, Applied:29 Jun 2005]

(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

[Regulation 34B Inserted by S.R. 2005, No. 67, Applied:29 Jun 2005]

(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

[Regulation 34C Inserted by S.R. 2005, No. 67, Applied:29 Jun 2005]

(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

[Regulation 34D Inserted by S.R. 2005, No. 67, Applied:29 Jun 2005]

(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

[Regulation 34E Inserted by S.R. 2005, No. 67, Applied:29 Jun 2005]

(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

[Regulation 34F Inserted by S.R. 2005, No. 67, Applied:29 Jun 2005]

(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 34G Inserted by S.R. 2005, No. 67, Applied:29 Jun 2005] 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) .

PART 4 - Control of wildlife exhibitions, travelling wildlife exhibitions and wildlife displays

35.   Prohibition against keeping wildlife exhibition in unlicensed places

A person must not keep a wildlife exhibition in any place unless the person holds a wildlife exhibition licence authorising the person to keep that exhibition in that place.

Penalty:  Fine not exceeding 50 penalty units.

36.   Issue of wildlife exhibition licences

(1)  [Regulation 36 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] Subject to this regulation, the Secretary may –

(a) on receipt of an application in writing by a body corporate, by an individual or by 2 or more individuals jointly; and

(b) on payment of a fee of 50 fee units –

issue a wildlife exhibition licence to the applicant or applicants if the Secretary is satisfied that –

(c) the place where the exhibition will be kept pursuant to the licence is suitable for the purpose; and

(d) the facilities and services that will be available for the care and treatment of the wildlife to be kept in that place are satisfactory; and

(e) the nature and construction of any buildings and cages erected in that place that will be used for the confinement of any of that wildlife are suitable for that purpose; and

(f) it is unlikely that any of that wildlife will escape from that place or from confinement in that place; and

(g) in the case of an application for the licence by –

(i) a body corporate, every director of the body corporate is a fit and proper person to be a director of a body corporate that keeps a wildlife exhibition and is otherwise of good character; or

(ii) an individual, the individual is a fit and proper person to keep a wildlife exhibition and is otherwise of good character; or

(iii) 2 or more individuals jointly, each of those individuals is a fit and proper person to keep a wildlife exhibition and is otherwise of good character.

(2)  [Regulation 36 Subregulation (2) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Minister may, if the Minister considers that it is a special case, approve of the issue by the Secretary of a wildlife exhibition licence without payment of the fee described by subregulation (1)(b) or on payment of a lesser fee than that so prescribed.

(3)  [Regulation 36 Subregulation (3) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] Nothing in this regulation is to be construed as requiring the Secretary to issue a wildlife exhibition licence.

(4)  A wildlife exhibition licence is subject to the following terms which are to be specified in the licence:

(a) [Regulation 36 Subregulation (4) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] that the holder of the licence must not, without the prior written approval of the Secretary or a person authorised by the Secretary in that behalf –

(i) erect or cause or permit to be erected in the place to which the licence relates any building or cage for the confinement of any wildlife; or

(ii) alter or cause or permit to be altered any building or cage erected for the confinement of wildlife in that place; or

(iii) keep any wildlife, or cause or permit any wildlife to be kept, in that place; or

(iv) release any wildlife, or cause or permit any wildlife to be released, from that place; or

(v) sell or otherwise dispose of, or cause or permit to be sold or otherwise disposed of, any wildlife kept in that place;

(b) that the holder of the licence must not cause or permit any wildlife to escape from that place;

(c) [Regulation 36 Subregulation (4) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] that the holder of the licence must comply with such directions as are given to the holder by the Secretary or a person authorised by the Secretary in that behalf with respect to all or any of the following matters:

(i) the provision of food and water for the wildlife kept pursuant to the licence;

(ii) the amount of space to be provided for the species or type of wildlife so kept, or for individual members of that species or type and to which the directions apply;

(iii) the kind of shelter to be provided for the species or type of wildlife so kept, or for individual members of that species or type, and to which the directions apply;

(iv) the separation of different species or types of wildlife so kept or of individual members of those differing species or types;

(d) [Regulation 36 Subregulation (4) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] any other terms the Secretary determines.

(5)  The holder of a wildlife exhibition licence must ensure that the terms to which the licence is subject are complied with or, as the case requires, are not contravened.

Penalty:  Fine not exceeding 50 penalty units.

(6)  Subject to this Part, a wildlife exhibition licence is in force for a period of 12 months from the date of the licence.

37.   Authority of wildlife exhibition licences

A wildlife exhibition licence while it is in force authorises the holder of the licence to keep wildlife in the place authorised by the licence, subject to and in accordance with the provisions of these regulations and the terms to which the licence is subject.

38.   Renewal of wildlife exhibition licences

(1)  [Regulation 38 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The holder of a wildlife exhibition licence may, at any time within the period of one month before the licence ceases to be in force, apply to the Secretary for renewal of the licence.

(2)  An application for the renewal of a wildlife exhibition licence is to be in writing and be accompanied by a fee of 50 fee units.

(3)  [Regulation 38 Subregulation (3) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] On receipt of an application made in accordance with subregulations (1) and (2) , the Secretary must, unless the application is withdrawn, grant to the applicant the renewal of the wildlife exhibition licence applied for unless the Secretary is satisfied that grounds exist on which the Secretary should cancel the licence.

(4)  Subject to this Part, where an application for renewal of a wildlife exhibition licence is made before the date on which the licence would, but for this subregulation, have ceased to be in force (in this subregulation, referred to as "the date of expiry") and –

(a) the renewal is granted before the date of expiry, on the grant of the renewal, the licence is to be in force for a further period of 12 months commencing on the date of expiry; or

(b) the renewal is not granted before the date of expiry and the application is not withdrawn before the date of expiry –

(i) the licence is taken to continue in force on and from the date of expiry until the renewal is granted or the application is withdrawn, or the result of an appeal under regulation 43 has been determined, whichever first occurs; and

(ii) on the grant of the renewal, the licence is to be in force for the remaining portion of the period of 12 months commencing on the date of expiry, and the renewal is to be expressed to have taken effect on and from that date.

39.   Records to be kept by holders of wildlife exhibition licences

(1)  [Regulation 39 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary may require the holder of a wildlife exhibition licence to keep a record in a form approved by the Secretary.

(2)  [Regulation 39 Subregulation (2) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] Without limiting subregulation (1) , the Secretary may direct that the record is to contain particulars of any or all of the following matters:

(a) the natural increase in the exhibition of wildlife kept pursuant to the relevant licence;

(b) deaths of the wildlife in that exhibition;

(c) acquisitions to that exhibition, other than by natural increase;

(d) losses of wildlife in that exhibition, other than by death;

(e) the names and addresses of persons from whom or to whom wildlife in that exhibition was obtained or disposed of;

(f) the ages, sexes and identifying marks (if any) of wildlife to which the record refers.

(3)  [Regulation 39 Subregulation (3) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] A person authorised by the Secretary may, at any reasonable time, require the holder of a wildlife exhibition licence to produce to the person a record kept by the holder of the licence in accordance with a requirement under subregulation (1) .

(4)  [Regulation 39 Subregulation (4) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The holder of a wildlife exhibition licence must not fail to produce to a person authorised by the Secretary a record required to be produced under subregulation (3) .

Penalty:  Fine not exceeding 50 penalty units.

40.   Notifications to be given by holders of wildlife exhibition licences

(1)  [Regulation 40 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The holder of a wildlife exhibition licence who knows, or has reason to suspect, that any of the wildlife kept pursuant to the licence is infected with disease or is liable to disseminate disease must as soon as practicable notify the Secretary in such manner as may from time to time be determined by the Secretary.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person must not make a statement, or supply information, in a notification under subregulation (1) , knowing the statement or information to be false or misleading in a material particular.

Penalty:  Fine not exceeding 50 penalty units.

41.   Cancellation or suspension of wildlife exhibition licences

(1)  [Regulation 41 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] Where the holder of a wildlife exhibition licence –

(a) contravenes or fails to comply with a term to which the licence is subject; or

(b) is convicted of an offence under the Act or these regulations –

the Secretary may cancel the licence by serving a written notice on the holder stating that the licence is cancelled.

(2)  A notice under subregulation (1) cancelling a wildlife exhibition licence –

(a) is to specify the grounds on which the licence is cancelled; and

(b) [Regulation 41 Subregulation (2) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] if the Secretary has, under regulation 42 , given any directions to the holder of the licence regarding the disposal of the wildlife to which the licence related, is to specify the date by which the holder of the licence is to comply with those directions.

(3)  [Regulation 41 Subregulation (3) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] On the service of a notice under subregulation (1) on the holder of a wildlife exhibition licence, the licence ceases to have effect and the holder of the licence must surrender it to the Secretary.

Penalty:  Fine not exceeding 50 penalty units.

(4)  [Regulation 41 Subregulation (4) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] If, in a case to which subregulation (1) applies, the Secretary considers it desirable to do so, the Secretary may, instead of cancelling the wildlife exhibition licence, serve a written notice on the holder suspending the licence for such period as is specified in the notice.

(5)  The suspension of a licence may be subject to the observance by the holder of such conditions as may be specified in the notice served under subregulation (4) .

(6)  The notice is to state the grounds on which the wildlife exhibition licence is suspended.

(7)  Where the suspension of a wildlife exhibition licence is made subject to the observance of conditions by the holder of the licence, the holder must not contravene or fail to comply with any of those conditions.

Penalty:  Fine not exceeding 50 penalty units.

42.   Disposal of wildlife when licence cancelled

A person whose wildlife exhibition licence is cancelled under regulation 41 must not dispose of the wildlife kept under the licence –

(a) [Regulation 42 Amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] without first obtaining the approval of the Secretary; or

(b) [Regulation 42 Amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] contrary to any directions given to the person by the Secretary regarding the disposal of that wildlife.

Penalty:  Fine not exceeding 50 penalty units.

43.   Appeals in respect of wildlife exhibition licences

(1)  A person who is aggrieved by –

(a) [Regulation 43 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] the refusal of the Secretary to renew a wildlife exhibition licence held by the person; or

(b) the cancellation or suspension of a wildlife exhibition licence held by the person –

may appeal to the Supreme Court.

(2)  [Regulation 43 Subregulation (2) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] An appeal under this regulation is to be brought within one month of the notification to the appellant of the decision of the Secretary to which the appeal relates.

(3)  [Regulation 43 Subregulation (3) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] Where an appeal is brought under this regulation against a decision of the Secretary, the Supreme Court, unless it dismisses the appeal, may quash the decision and direct the Secretary to renew the relevant wildlife exhibition licence or to remove the cancellation or suspension in respect of the relevant wildlife exhibition licence, as the case requires.

(4)  [Regulation 43 Subregulation (4) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary is to give effect to any direction given under subregulation (3) .

(5)  [Regulation 43 Subregulation (5) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The decision of the Supreme Court on the hearing of an appeal does not prejudice or affect the operation of the decision of the Secretary in respect of which the appeal is brought during the period between the giving of that decision and the determination of the appeal.

(6)  The decision of the Supreme Court on the hearing of an appeal under this regulation is final.

44.   Power of authorised officers to seize wildlife

An authorised officer may seize –

(a) any wildlife that the authorised officer considers to be distressed and that the authorised officer finds in a place in which wildlife is kept pursuant to a wildlife exhibition licence; or

(b) any wildlife that the authorised officer finds in such a place that the authorised officer knows or has reason to suspect is infected with disease or is liable to disseminate disease.

45.   Offences

(1)  A person other than the holder of a wildlife exhibition licence must not –

(a) cause or permit any wildlife to escape from the place in which it is kept under such a licence; or

(b) [Regulation 45 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] release or cause or permit any wildlife to be released from that place, unless the person does so with the written approval of the Secretary given to the holder of the licence.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person must not interfere with a fence, gate, cage, building or other structure or with any equipment so as to cause or permit any wildlife to escape –

(a) from confinement in a place in which it is kept under a wildlife exhibition licence; or

(b) from such a place.

(3)  A person must not take any wildlife in a place in which it is kept under a wildlife exhibition licence.

Penalty:  Fine not exceeding 50 penalty units.

(4)  Notwithstanding subregulation (3) , the holder of a wildlife exhibition licence may, for the purposes of good husbandry, take or cause or permit to be taken any wildlife in a place in which it is kept under the licence.

46.   Permits for travelling wildlife exhibitions

(1)  A person must not conduct a travelling wildlife exhibition unless the person holds a permit authorising the person to conduct that exhibition.

Penalty:  Fine not exceeding 50 penalty units.

(2)  [Regulation 46 Subregulation (2) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary may, on receipt of an application in writing by a body corporate, by an individual or by 2 or more individuals jointly, issue a travelling wildlife exhibition permit to the applicant or applicants.

(3)  [Regulation 46 Subregulation (3) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] Nothing in this regulation is to be construed as requiring the Secretary to issue a travelling wildlife exhibition permit.

(4)  A travelling wildlife exhibition permit –

(a) authorises the holder of the permit to conduct a travelling wildlife exhibition with the wildlife specified in the permit; and

(b) [Regulation 46 Subregulation (4) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] is subject to any terms that the Secretary determines and as are specified in the permit.

(5)  Without limiting the generality of subregulation (4)(b) , the terms to which a travelling wildlife exhibition permit may be subject include terms relating to –

(a) the provision of food and water for the wildlife kept in connection with the conduct of the travelling wildlife exhibition to which the permit applies; and

(b) the amount of space to be provided for the species or type of wildlife so kept, or for individual members of that species or type; and

(c) the kind of shelter to be provided for the species or type of wildlife so kept, or for individual members of that species or type; and

(d) the separation of differing species or types of wildlife so kept or of the individual members of those differing species or types; and

(e) the sale or other disposal of any wildlife so kept.

(6)  The holder of a travelling wildlife exhibition permit must ensure that any terms to which the permit is subject are complied with or, as the case requires, are not contravened.

(7)  A person must not –

(a) cause or permit any wildlife kept in connection with the conduct of a travelling wildlife exhibition to escape from the place where the exhibition is being held; or

(b) interfere with a fence, gate, cage, building or other structure or with any equipment so as to cause or permit any wildlife to escape –

(i) from confinement in a place where the exhibition is being held; or

(ii) from such a place.

Penalty:  Fine not exceeding 50 penalty units.

(8)  [Regulation 46 Subregulation (8) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] Where the holder of a travelling wildlife exhibition permit –

(a) contravenes or fails to comply with a term to which the permit is subject; or

(b) is convicted of an offence under the Act –

the Secretary may cancel the permit by serving a written notice on the holder stating that the permit is cancelled and specifying the grounds on which it is cancelled.

(9)  [Regulation 46 Subregulation (9) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] On the service of a notice under subregulation (8) on the holder of a travelling wildlife exhibition permit, the permit ceases to have effect and the holder of the permit is to surrender it to the Secretary.

47.   Permit for display of wildlife

(1)  A person, unless authorised to do so by a permit, must not –

(a) display any wildlife; or

(b) have in possession any wildlife for the purpose of display.

Penalty:  Fine not exceeding 50 penalty units.

(2)  [Regulation 47 Subregulation (2) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] A person may apply to the Secretary for a wildlife display permit.

(3)  An application for a permit is to be –

(a) in writing; and

(b) accompanied by a fee of 20 fee units.

(4)  [Regulation 47 Subregulation (4) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary may –

(a) grant the application; or

(b) refuse to grant the application.

(5)  [Regulation 47 Subregulation (5) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] If the Secretary grants the application, the Secretary is to issue a permit.

48.   Terms of wildlife display permit

(1)  A wildlife display permit may be granted subject to all or any of the following terms as specified in the permit:

(a) that secure enclosures for the confinement of wildlife are provided;

(b) that wildlife is not released or allowed to escape from an enclosure;

(c) that any wildlife that is diseased or suffering from any wound is not displayed;

(d) that wildlife is not handled by the public;

(e) that wildlife is not subject to stress;

(f) that wildlife is provided with food and water;

(g) that, during the transporting of wildlife, wildlife –

(i) in not subjected to excessive noise, exhaust fumes, heat or cold; and

(ii) is provided with adequate ventilation;

(h) that while wildlife is not on display, it is kept in appropriate enclosures that allow sufficient space for exercise;

(i) that any directions given by an authorised officer are complied with.

(2)  The holder of a wildlife display permit must not fail to comply with any term specified in the permit.

Penalty:  Fine not exceeding 50 penalty units.

49.   Duration and renewal of wildlife display permit

(1)  A wildlife display permit is in force for the period, not exceeding 12 months, specified in the permit.

(2)  [Regulation 49 Subregulation (2) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The holder of a wildlife display permit, at any time within the period of one month before the permit ceases to be in force, may apply to the Secretary to renew the permit.

(3)  An application to renew a permit is to be –

(a) in writing; and

(b) accompanied by a fee of 20 fee units.

(4)  [Regulation 49 Subregulation (4) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary may –

(a) grant the application; or

(b) refuse to grant the application.

(5)  [Regulation 49 Subregulation (5) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary must grant the application unless the Secretary is satisfied that grounds exist for the cancellation or suspension of the permit.

(6)  [Regulation 49 Subregulation (6) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] If the Secretary refuses to grant the application, the Secretary, by notice in writing served on the holder of the permit, is to notify the holder of that refusal.

(7)  [Regulation 49 Subregulation (7) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] A notice is to specify the grounds on which the Secretary refuses to grant the application.

50.   Cancellation of wildlife display permit

(1)  [Regulation 50 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary, by notice in writing served on the holder of a wildlife display permit, may cancel the permit on any of the following grounds:

(a) that the holder of the permit has contravened or failed to comply with any term specified in the permit;

(b) that the holder of the permit has been convicted of an offence under the Act or these regulations.

(2)  A notice is to specify the grounds on which the permit is cancelled.

(3)  On the service of a notice –

(a) the permit ceases to have effect; and

(b) [Regulation 50 Subregulation (3) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] the holder of the permit must surrender the permit to the Secretary.

51.   Suspension of wildlife display permit

(1)  [Regulation 51 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary, by notice in writing served on the holder of a wildlife display permit, may suspend the permit on any grounds specified in regulation 50 if satisfied that –

(a) those grounds are not so serious as to warrant cancellation of the permit; or

(b) the holder of the permit is able to comply with any term specified in the permit within a reasonable time.

(2)  A notice is to specify the grounds on which a permit is suspended.

(3)  [Regulation 51 Subregulation (3) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary may suspend a permit –

(a) for the period specified in the notice; and

(b) subject to any conditions specified in the notice.

(4)  If a permit is suspended subject to any conditions, the holder of the permit must not contravene or fail to comply with any of those conditions.

Penalty:  Fine not exceeding 50 penalty units.

52.   Surrender of wildlife display permit

(1)  [Regulation 52 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The holder of a wildlife display permit, by notice in writing to the Secretary, may surrender the permit.

(2)  A permit ceases to have effect –

(a) on the date specified in the notice; or

(b) if a date is not specified, on the date of receipt of the notice.

53.   Appeals in respect of wildlife display permit

(1)  The holder of a wildlife display permit may appeal to the Supreme Court against –

(a) [Regulation 53 Subregulation (1) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] the refusal of the Secretary to grant an application to renew the permit; or

(b) the cancellation or suspension of the permit.

(2)  An appeal is to be brought within one month after the holder of the permit is served with a relevant notice.

(3)  The Supreme Court may –

(a) dismiss the appeal; or

(b) [Regulation 53 Subregulation (3) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] quash the decision of the Secretary and order the Secretary to –

(i) grant the application to renew the permit; or

(ii) remove the cancellation or suspension of the permit.

(4)  [Regulation 53 Subregulation (4) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The Secretary must give effect to any order given under subregulation (3) .

(5)  [Regulation 53 Subregulation (5) amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] The decision of the Supreme Court on the hearing of an appeal does not prejudice or affect the operation of the decision of the Secretary in respect of which the appeal is brought during the period between the giving of that decision and the determination of the appeal.

(6)  The decision of the Supreme Court on the hearing of the appeal is final.

PART 5 - Miscellaneous

54.   Interpretation of Part 5

In this Part,

permit includes a permit under regulations 46 and 47 .

55.   Misrepresentations as to licences

(1)  A person must not produce to an authorised officer any document that is, or purports to be, a licence with the intention of falsely representing to that officer that the person or a body corporate is the holder of that licence.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person must not, with intention to deceive, produce to an authorised officer any licence that has been altered in a material respect or any document that resembles a licence.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A person must not issue a licence containing a false statement of the day on which or the period for which it is issued.

Penalty:  Fine not exceeding 50 penalty units.

(4)  The holder of a licence must not lend the licence to another person, or cause or permit that licence to be used in a manner calculated to deceive an authorised officer.

Penalty:  Fine not exceeding 50 penalty units.

(5)  A person must not produce the licence of another person to an authorised officer.

Penalty:  Fine not exceeding 50 penalty units.

(6)  A person must not falsely represent to an authorised officer that –

(a) the first-mentioned person is the holder of a licence in the first-mentioned person’s own right or jointly with another person or other persons; or

(b) a body corporate is the holder of a licence.

Penalty:  Fine not exceeding 50 penalty units.

(7)  In this regulation,

licence includes a wildlife exhibition licence and a permit.

56.   False or misleading statements in applications

[Regulation 56 Amended by S.R. 2007, No. 5, Applied:28 Feb 2007] A person must not, in an application for a licence, wildlife exhibition licence or permit, state anything which the person knows to be false or misleading in a material particular.

Penalty:  Fine not exceeding 50 penalty units.

57.   Prescribed offences

[Regulation 57 Amended by No. 64 of 2002, Sched. 2, Applied:31 Dec 2002] For the purposes of Part 7 of the Act –

(a) an offence against a regulation specified in Column 2 of Schedule 11 is a prescribed offence; and

(b) the penalty specified in Column 3 of that Schedule opposite the regulation is the penalty applicable to that offence.

SCHEDULE 1 - Specially protected wildlife

Regulation 3(1)

Invertebrates

Amphibians

Reptiles

Birds

Mammals

SCHEDULE 2 - Protected wildlife

Regulation 3(1)

Invertebrates

Amphibians

Reptiles

Birds

Mammals

SCHEDULE 3 - Protected wildlife which may be bought, sold or held without a permit

Regulations 3(1) and 16(2)

Birds

SCHEDULE 4 - Partly protected wildlife

Regulations 3(1) and 17

Birds

Mammals

SCHEDULE 5 - Prohibited animals

Regulation 3(3)

Birds

SCHEDULE 6 - Restricted wildlife

Regulations 3(1) and 18

Amphibians

SCHEDULE 7 - Domestic stock

Regulation 3(4)

Birds

Mammals

SCHEDULE 8

SCHEDULE 9 - Licences

Regulations 5 , 6 and 9

PART 1 - Skin dealer's licences

PART 2 - Wallaby licences

PART 3 - Muttonbird licences

PART 4 - Other licences

SCHEDULE 10 - Royalties

Regulation 22

SCHEDULE 11 - Prescribed offences in relation to which an infringement notice may be issued

Regulation 57