Wildlife (General) Regulations 2010

Wildlife (General) Regulations 2010

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 Nature Conservation Act 2002 .

22 November 2010

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

D. J. O'BYRNE

Minister for Environment, Parks and Heritage

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Wildlife (General) Regulations 2010 .

2.   Commencement

These regulations take effect on 1 January 2011.

3.   Interpretation

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

Act means the Nature Conservation Act 2002 ;

adult male deer means a male deer with branching antlers;

antlerless deer means a deer that is –

(a) without antlers; and

(b) partly protected wildlife;

approved means approved by the Secretary;

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 or structure in which, or by means of which, wildlife is confined;

certified forest practices plan means a certified forest practices plan within the meaning of the Forest Practices Act 1985 ;

device, in relation to a seal deterrent permit, 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, the discharge of a projectile or the use of a chemical substance;

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;

pheasant means a pheasant of a species that is 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 wildlife of a species specified in Schedule 2 or 3 ;

public authority management agreement means a public authority management agreement within the meaning of the Threatened Species Protection Act 1995 ;

relevant fee –

(a) for a licence named in column 1 of Part 1 of Schedule 8 , means the fee specified in column 2 of that Part adjacent to the licence so named; and

(b) for a permit named in column 1 of Part 2 of Schedule 8 , means the fee specified in column 2 of that Part adjacent to the permit so named;

relevant offence means –

(a) an offence under the Act, the Animal Welfare Act 1993 , the Firearms Act 1996 , the National Parks and Reserves Management Act 2002 , or the Threatened Species Protection Act 1995 ; or

(b) regulations made under any of those Acts; or

(c) such other offence as determined by the Secretary for the purpose of this regulation;

restricted (special purpose) wildlife means wildlife of a species 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 wildlife of a species specified 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;

taxidermy means –

(a) preparing and mounting parts, or complete specimens, of dead wildlife for the purpose of preserving those parts or specimens in lifelike form; or

(b) restoring already preserved parts or specimens of dead wildlife;

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

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

wildlife exhibition licence means a licence of that name issued under the Wildlife (Exhibited Animals) Regulations 2009;

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.

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

4.   Domestic stock

For the purposes of the definition of "domestic stock" in section 3(1) of the Act, the animals specified in Schedule 7 are prescribed to be domestic stock.

5.   Partly protected wildlife

For the purposes of the definition of "partly protected wildlife" in section 3(1) of the Act, the species of wildlife specified in Schedule 4 are prescribed to be partly protected wildlife.

6.   Restricted animals

For the purposes of section 32 of the Act, the animals specified in Schedule 5 are prescribed to be restricted animals.

PART 2 - Taking and Trading in Wildlife and Wildlife Products

Division 1 - Licences

7.   Who may apply for licence

(1)  An application for a fauna dealers licence (skins) or a commercial taxidermy licence may be made by, and the licence issued to –

(a) an individual; or

(b) 2 or more individuals jointly; or

(c) a body corporate.

(2)  An application for any other licence under this Part may only be made by, and the licence issued to, an individual.

8.   Application for licence

(1)  An application for a licence under this Part is to be –

(a) in writing; and

(b) accompanied by the relevant fee, if any; and

(c) accompanied by a written notification of all relevant offences of which the applicant has been convicted within the period of 5 years immediately preceding the day on which the application is made.

(2)  If the Minister in any special case so approves, an application may be accepted and a licence issued without payment of the relevant fee or on payment of a lesser fee approved by the Minister.

(3)  A person who holds a licence under this Part must not make application for another licence of the same kind and any licence issued as a result of such an application is of no effect.

Penalty:  Fine not exceeding 100 penalty units.

9.   Grant and issue of licence

(1)  On receipt of an application for a licence made in accordance with regulation 8 , the Secretary may –

(a) grant the application; or

(b) refuse to grant the application.

(2)  Without limiting subregulation (1)(b) , the Secretary is to refuse to grant an application if the applicant, within the period of 5 years immediately preceding the day on which the application is made, has been convicted of a relevant offence.

(3)  If the Secretary grants the application, the Secretary is to issue the relevant licence to the applicant.

10.   Licence subject to conditions

(1)  A licence under this Part may be granted and issued subject to such conditions as the Secretary considers appropriate.

(2)  Without limiting subregulation (1) , a licence under this Part may be subject to conditions 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.

(3)  A person to whom a licence is issued under this Part must ensure that the conditions of the licence are complied with.

Penalty:  Fine not exceeding 100 penalty units.

11.   Authority of licences

Except as provided in these regulations, a licence under this Part does not authorise the doing of any act that is contrary to these regulations or any other regulations under the Act.

12.   Skin dealers licence

A fauna dealers licence (skins) authorises the holder during the period of 12 months ending on 31 December in any year as specified in the licence –

(a) to buy untreated skins and unmarked skins; and

(b) to sell any skins (including untreated skins) that are not unmarked skins.

13.   Wallaby licences

(1)  A commercial wallaby hunters licence authorises the holder to –

(a) take wallaby during the open season specified in the licence; and

(b) sell the skins of any wallaby taken by the holder under the licence; and

(c) sell the meat of any wallaby taken by the holder under the licence to the holder of a licence in respect of any licensed meat premises, or licensed pet food works, within the meaning of the Meat Hygiene Act 1985 , or to the person in charge of the operation of any licensed game meat processing works, or any licensed pet food works within the meaning of that Act.

(2)  A wallaby licence authorises the holder to take wallaby during the open season specified in the licence.

14.   Muttonbird licences

(1)  A commercial muttonbird catchers licence authorises the holder to –

(a) take juvenile muttonbirds on the rookeries specified in the licence during the open season specified in the licence; and

(b) sell any juvenile muttonbirds taken by the holder in pursuance of the licence to a person who is authorised under the Meat Hygiene Act 1985 to process juvenile muttonbirds or to the person in charge of any such authorised operation.

(2)  A muttonbird licence authorises the holder to take muttonbird during the open season specified in the licence.

15.   Hunting licences

(1)  A deer licence authorises the holder to take deer during the open season specified in the licence.

(2)  A duck licence authorises the holder to take wild duck during the open season specified in the licence.

(3)  A pheasant licence authorises the holder to take adult male pheasant during the open season specified in the licence.

(4)  A brown quail licence authorises the holder to take brown quail during the open season specified in the licence.

16.   Commercial taxidermy licence

A commercial taxidermy licence authorises the licence holder to keep, buy, sell, dispose of and process dead wildlife that is partly protected wildlife for the purpose of taxidermy, for the 12-month period specified in the licence.

17.   Licence holder to mark or tag wildlife if directed

(1)  The Secretary, by notice in writing, may direct the holder of a licence issued under this Part to mark or tag wildlife in that holder's possession, if –

(a) the wildlife is diseased; or

(b) the wildlife is of a species listed in Schedule 1 , Schedule 2 , Schedule 3 or Schedule 4 ; or

(c) the Secretary believes on reasonable grounds that the wildlife is or was held, or was acquired or disposed of, in contravention of the Act, regulations made under the Act or a corresponding law of another State or a Territory of the Commonwealth.

(2)  The Secretary may specify the type of mark or tag to be used for marking the wildlife.

(3)  A person who possesses wildlife which the Secretary has directed to be marked or tagged must –

(a) mark or tag the wildlife with the mark or tag provided by the Secretary using a method approved by the Secretary; and

(b) subject to subregulation (4) , ensure that wildlife remains marked or tagged in accordance with paragraph (a) while that wildlife is in the person's possession.

Penalty:  Fine not exceeding 100 penalty units.

(4)  If a mark or tag has been affixed to an animal in accordance with this regulation, a person must not remove that mark or tag unless authorised to do so by the Secretary.

Penalty:  Fine not exceeding 100 penalty units.

18.   Cancellation of licence

(1)  The Secretary, by notice in writing served on the holder of a licence issued under this Part, may cancel the licence.

(2)  A notice under subregulation (1) is to specify the grounds on which the licence is cancelled.

(3)  The cancellation of a licence takes effect on service of the notice under subregulation (1) or a later day specified in the notice.

(4)  The holder of the licence must surrender it to the Secretary as soon as practicable after it is cancelled.

Penalty:  Fine not exceeding 50 penalty units.

Division 2 - Permits

19.   Who may apply for permit

(1)  Subject to subregulation (2) , an application for a permit under this Part may be made by, and the permit issued to –

(a) an individual; or

(b) 2 or more individuals jointly; or

(c) a body corporate.

(2)  Unless otherwise authorised by the Secretary, only an individual may apply for, and be issued with, a permit to take wildlife, other than a permit to take wildlife for scientific or educational purposes.

(3)  An application for a permit to receive skins –

(a) may be made by the holder of a fauna dealers licence (skins); and

(b) is to nominate a person who the holder of the licence wishes to receive wallaby skins or brushtail possum skins on the licence holder's behalf as the licence holder's employee, agent or otherwise.

20.   Application for permit

(1)  An application for a permit under this Part is to be –

(a) in writing; and

(b) accompanied by the relevant fee, if any; and

(c) accompanied by a written notification of all relevant offences of which the applicant has been convicted within the period of 5 years immediately preceding the day on which the application is made.

(2)  If the Minister in any special case so approves, an application may be accepted and a permit issued without payment of the relevant fee or on payment of a lesser fee approved by the Minister.

(3)  A person who holds a permit must not make application for another permit of the same kind and any permit issued as a result of such an application is of no effect.

Penalty:  Fine not exceeding 100 penalty units.

21.   Grant and issue of permit

(1)  On receipt of an application for a permit made in accordance with regulation 20 , the Secretary may –

(a) grant the application; or

(b) refuse to grant the application.

(2)  The Secretary is not to grant an application for a crop protection permit referred to in regulation 26 unless satisfied that it is proper to do so to prevent the destruction of, or injury to, any stock or plants caused by the wildlife specified in the permit.

(3)  The Secretary is not to grant an application for a seal deterrent permit referred to in regulation 27 unless satisfied that –

(a) the use of a deterrent is necessary to ensure the viability of the relevant 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.

(4)  Without limiting subregulation (1)(b) , the Secretary is to refuse to grant an application if the applicant, within the period of 5 years immediately preceding the day on which the application is made, has been convicted of a relevant offence.

(5)  If the Secretary grants the application, the Secretary is to issue the relevant permit to the applicant or, in the case of a permit to receive skins, to the person nominated by the applicant to receive skins on the applicant's behalf.

22.   Permit subject to conditions

(1)  A permit under this Part may be granted and issued subject to such conditions as the Secretary considers appropriate.

(2)  Without limiting subregulation (1) , the conditions may relate to any one or more of the following matters:

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

(b) the affixing of a tag by the permit holder to an animal so taken;

(c) the time at which, the period within which or the place at which the authority granted by the permit may be exercised;

(d) the manner in which that authority may be exercised;

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

(f) 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;

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

(3)  A person to whom a permit is issued under this Part must ensure that the conditions of the permit are complied with.

Penalty:  Fine not exceeding 100 penalty units.

23.   Permit for export

A permit for export issued under this Part authorises the removal from the State of partly protected, protected or specially protected wildlife, or any product of such wildlife, specified in the permit.

24.   Permit for taking specially protected, protected or partly protected wildlife in special cases

(1)  A permit under this regulation authorises the person named in the permit or a person acting under the Secretary's direction to take, have possession of, buy or sell or otherwise dispose of such form of partly protected, protected or specially protected wildlife, or the products of such wildlife, as are specified in the permit.

(2)  The permit may only be issued if the Secretary is satisfied that it is necessary or desirable to do so.

25.   Permit to take wildlife for scientific or educational purposes

(1)  A permit under this regulation authorises the taking, for scientific or educational purposes, of such form of partly protected, protected or specially protected wildlife as is specified in the permit.

(2)  The permit may authorise persons other than the permit holder to take the wildlife if they do so at the direction, and under the close supervision, of the permit holder.

26.   Crop protection permit

(1)  A crop protection permit authorises the taking of such form of partly protected, protected or specially protected wildlife as is specified in the permit to prevent the destruction of, or injury to, any stock or plants caused by that wildlife.

(2)  A crop protection permit may also 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.

27.   Seal deterrent permit

(1)  A seal deterrent permit authorises the use of a device that deters seals from interfering with fish farming or another fishing activity.

(2)  Without limiting the conditions to which a seal deterrent permit may be made subject under regulation 22 , a seal deterrent permit may also specify that it is subject to conditions relating to one or more of the following matters:

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

(b) the time or locality in which a device may be used.

28.   Permit to receive skins

(1)  A permit to receive skins referred to in regulation 19(3) authorises the person named in the permit to receive a wallaby skin or brushtail possum skin as the employee or agent of, or otherwise on behalf of, the holder of a fauna dealers licence (skins) named in the permit.

(2)  The holder of a fauna dealers licence (skins) named in the permit, by written notice to the Secretary, may revoke the nomination, referred to in regulation 19(3)(b) , of the permit holder to receive skins on his or her behalf.

(3)  The Secretary, on receipt of a notice under subregulation (2) from the holder of a fauna dealers 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.

(4)  If the Secretary considers that there are grounds for cancelling a permit, other than the ground referred to in subregulation (3) , the Secretary may cancel the permit by serving on the holder of the permit a written notice stating that the permit is cancelled and the grounds for its cancellation.

(5)  On service of a notice under subregulation (3) or (4) cancelling a permit, the permit ceases to have effect and the holder must surrender it to the Secretary as soon as practicable.

Penalty:  Fine not exceeding 50 penalty units.

29.   Cancellation of permit

(1)  The Secretary, by notice in writing served on the holder of a permit issued under this Part, may cancel the permit.

(2)  A notice under subregulation (1) is to specify the grounds on which the permit is cancelled.

(3)  The cancellation of the permit takes effect on service of the notice under subregulation (1) or a later day specified in the notice.

(4)  The holder of the permit must surrender it to the Secretary as soon as practicable after it is cancelled.

Penalty:  Fine not exceeding 50 penalty units.

Division 3 - Returns and records

30.   Returns

(1)  The Secretary, by written notice, may require the holder of a licence or permit issued under this Part to provide the Secretary with a return, in a form approved by the Secretary, giving such particulars as the Secretary specifies in the notice.

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

(a) on or before the day specified in the notice; or

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

Penalty:  Fine not exceeding 100 penalty units.

31.   Returns by holders of commercial muttonbird operators licences

The holder of a commercial muttonbird operators licence must, within the period of 14 days immediately after the end of the open season to which the licence relates, provide the Secretary with a return, in an approved form, giving such particulars relating to juvenile muttonbirds taken under the authority of the licence as the Secretary requires.

32.   Records

(1)  The Secretary, by written notice, may require the holder of a permit issued under this Part to keep a record of such particulars as the Secretary specifies in the notice.

(2)  The holder of the permit must comply with a notice under subregulation (1) .

Penalty:  Fine not exceeding 100 penalty units.

33.   Records of dealings in skins

(1)  The holder of a commercial wallaby hunters licence or a wallaby licence who sells or otherwise disposes of any wallaby skins must, as soon as practicable –

(a) record on that licence –

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

(ii) the name, and address of the place of residence 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)  If a record is made in respect of the sale or other disposal of any skins under subregulation (1) , the person to whom those skins are sold or disposed of is to sign and date that record.

(3)  The holder of a fauna dealers licence (skins) must keep a record in an approved form of all sales and purchases by the holder of, and other dealings by the holder in, wallaby skins and brushtail possum skins.

Penalty:  Fine not exceeding 100 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 dealing 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 residence 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)  The holder of a licence specified in Part 1 of Schedule 8 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 100 penalty units.

(6)  The holder of a licence specified in Part 1 of Schedule 8 must not, in a record kept under subregulation (3) , make a statement, or record information, knowing it to be false or misleading in a material particular.

Penalty:  Fine not exceeding 100 penalty units.

Division 4 - Royalties

34.   Royalties for wallaby skins and brushtail possum skins

(1)  For each skin of a wallaby or brushtail possum, a royalty of the amount specified in Schedule 9 in respect of that animal skin is payable.

(2)  When a wallaby or brushtail possum skin is produced to a wildlife officer and the royalty payable for that skin is paid to the officer, the officer is to mark the skin in an approved manner.

(3)  The Secretary may waive the payment of the royalty for the skins of wildlife taken under a permit issued under regulation 26 .

(4)  If a wildlife officer is satisfied that a skin produced to him or her is a skin for which the payment of the royalty has been waivered under subregulation (3) , the wildlife officer is to mark the skin in an approved manner.

Division 5 - Offences

35.   Taking specially protected wildlife

(1)  Except as authorised by a permit under this Part, a person must not take, buy, sell or have possession of any specially protected wildlife or any product of specially protected wildlife.

Penalty:  Fine not exceeding 100 penalty units.

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

(3)  Also, subregulation (1) does not apply to the taking of specially protected wildlife, or the products 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 16 July 2007.

36.   Taking protected wildlife

(1)  Except as authorised by a permit under this Part, a person must not take, buy, sell or have possession of any protected wildlife or any product of protected wildlife.

Penalty:  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, or the product of protected wildlife, that is kept by the holder of a wildlife exhibition licence pursuant to that licence; or

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

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

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

(3)  Also, subregulation (1) does not apply to the taking of protected wildlife, or the products 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 16 July 2007.

37.   Taking partly protected wildlife

(1)  Except as authorised by a licence or a permit under this Part, a person must not take any partly protected wildlife, or any product of partly protected wildlife.

Penalty:  Fine not exceeding 100 penalty units.

(2)  Except as authorised by a permit under this Part, a person must not take any partly protected wildlife or any product of partly protected wildlife other than during an open season for that partly protected wildlife.

Penalty:  Fine not exceeding 100 penalty units.

(3)  Subregulations (1) and (2) do not apply to the taking of partly protected wildlife, or the products 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 16 July 2007.

(4)  Except as authorised by a licence or a permit under this Part, a person must not sell any product of partly protected wildlife.

Penalty:  Fine not exceeding 100 penalty units.

(5)  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 34 ; 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) a product of a juvenile muttonbird sold by a person authorised under the Meat Hygiene Act 1985 to process juvenile muttonbirds.

(6)  Except as authorised by a licence or a permit under this Part, a person must not take or have possession of an egg of partly protected wildlife, other than an egg of a pheasant or brown quail produced by a bird held in captivity.

Penalty:  Fine not exceeding 100 penalty units.

(7)  Subregulation (6) does not apply to the having possession of an egg of partly protected wildlife kept under a wildlife exhibition licence.

(8)  Except as authorised by a permit under this Part, a person must not buy an egg of partly protected wildlife, other than an egg of a pheasant or brown quail produced by a bird held in captivity.

Penalty:  Fine not exceeding 100 penalty units.

(9)  Except as authorised by a permit under this Part, a person must not have possession of any living partly protected wildlife, other than a wallaby, brushtail possum, pheasant, brown quail or wild duck.

Penalty:  Fine not exceeding 100 penalty units.

(10)  Subregulation (9) does not apply to the having possession of living partly protected wildlife kept under a wildlife exhibition licence.

(11)  Except as authorised by a permit under this Part, a person must not sell living partly protected wildlife.

Penalty:  Fine not exceeding 100 penalty units.

38.   Dealing with wildlife unlawfully taken

(1)  A person must not buy or sell –

(a) any wildlife taken contrary to these regulations; or

(b) any product of any wildlife taken contrary to these regulations.

Penalty:  Fine not exceeding 100 penalty units.

(2)  A person must not have possession of –

(a) any wildlife taken contrary to these regulations; or

(b) any product of wildlife taken contrary to these regulations.

Penalty:  Fine not exceeding 100 penalty units.

39.   Exporting wildlife

Except as authorised by a permit under this Part, a person must not remove, or cause or allow to be removed, from the State any partly protected, protected or specially protected wildlife or any product of any such wildlife.

Penalty:  Fine not exceeding 100 penalty units.

40.   Dealing in restricted (special purpose) wildlife

Except as authorised by a permit under this Part, a person must not buy, sell or have possession of any restricted (special purpose) wildlife or any product of such wildlife.

Penalty:  Fine not exceeding 100 penalty units.

41.   Dealing in wallaby skins and brushtail possum skins

(1)  Except as authorised by a licence or a permit under this Part, 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 100 penalty units.

(2)  Despite subregulation (1) , a single individual may buy during an open season not more than 10 untreated and unmarked skins.

(3)  A commercial wallaby hunters licence or a wallaby licence 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)  A person who buys an unmarked skin must, within 28 days after receiving the skin, produce that skin to a wildlife officer and pay the royalty payable in respect of the skin under regulation 34 .

Penalty:  Fine not exceeding 100 penalty units.

(5)  Except as authorised by a permit under this Part, a person must not, otherwise than during an open season or the period of 28 days immediately following the end of the season, be in possession of an unmarked skin.

Penalty:  Fine not exceeding 100 penalty units.

(6)  A person must not –

(a) prepare an unmarked skin for any process of treatment; or

(b) carry out any process of treatment, or any part of a process of treatment, on an unmarked skin.

Penalty:  Fine not exceeding 100 penalty units.

(7)  Except as authorised by a permit under this Part, 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 dealers licence (skins).

Penalty:  Fine not exceeding 100 penalty units.

42.   Using device to deter seals

Except as authorised by a permit under this Part, a person must not use a device to deter a seal from interfering with fish farming or another fishing activity.

Penalty:  Fine not exceeding 100 penalty units.

PART 3 - Hunting

43.   Prohibited methods of hunting wildlife

(1)  Except with the written permission of the Secretary or as authorised under this Part, a person must not take any bird that is partly protected wildlife, protected wildlife or specially protected wildlife by any method of hunting other than by shooting it with a firearm.

Penalty:  Fine not exceeding 100 penalty units.

(2)  Subregulation (1) does not apply to the taking of muttonbirds.

(3)  Except with the written 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 –

(a) use or have possession of a firearm that has a bore that is greater than the bore commonly known as No. 12; or

(b) use or have possession of a firearm that is fitted with a silencer; or

(c) use a firearm during the period commencing one hour after sunset on any day and ending one hour before sunrise on the next day.

Penalty:  Fine not exceeding 100 penalty units.

(4)  A person must not, in taking or for the purpose of taking any partly protected wildlife, protected wildlife or specially protected wildlife, use or have possession of any spear, explosive, poison, chemical or other weapon or substance, unless the use or possession is –

(a) authorised under this Part in respect of the form of wildlife taken; or

(b) permitted by the Secretary.

Penalty:  Fine not exceeding 100 penalty units.

44.   Prohibition on use of protected wildlife as bait

(1)  A person must not use the carcass, or any part of the carcass, of a bird that is a form of partly protected wildlife, protected wildlife or specially protected wildlife for the purpose of bait.

Penalty:  Fine not exceeding 100 penalty units.

(2)  Except with the written permission of the Secretary, a person must not use the carcass of an animal that is partly protected wildlife, protected wildlife or specially protected wildlife for the purpose of a drag-hunt, dog race or dog training.

Penalty:  Fine not exceeding 100 penalty units.

(3)  A person must not use any living partly protected wildlife, protected wildlife or specially protected wildlife for the purpose of taking wildlife.

Penalty:  Fine not exceeding 100 penalty units.

(4)  In this regulation –

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

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.

45.   Prohibition on discharging firearm in certain circumstances

(1)  Except with the written permission of the Secretary, a person must not discharge a firearm for the purpose of taking any 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 100 penalty units.

(2)  However, subregulation (1) 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.

(3)  For the purposes of subregulation (2) , 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.

46.   Prohibition on spotlighting

(1)  Except with the written permission of the Secretary, a person must not use, or have possession of, any light in taking, or for the purpose of taking, any partly protected wildlife, protected wildlife or specially protected wildlife.

Penalty:  Fine not exceeding 100 penalty units.

(2)  In this regulation –

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

47.   Prohibition on organised shoot without permission

(1)  Except with the written permission of the Secretary, 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 100 penalty units.

(2)  If a person, while carrying a firearm, takes part in an organised shoot held with the permission of the Secretary granted under subregulation (1) , the person must comply with any conditions relating to that permission that are applicable to the person.

Penalty:  Fine not exceeding 100 penalty units.

(3)  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.

48.   Nets and traps

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

Penalty:  Fine not exceeding 100 penalty units.

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

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

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

Penalty:  Fine not exceeding 100 penalty units.

49.   Wounded wildlife to be killed on recovery

A person who, having taken wildlife with the intention to kill under a licence or permit under Part 2 , finds that the wildlife is alive when recovered must immediately kill that wildlife.

Penalty:  Fine not exceeding 100 penalty units.

50.   Special provisions as to muttonbird

(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 100 penalty units.

(2)  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 100 penalty units.

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

Penalty:  Fine not exceeding 100 penalty units.

(4)  Except with the written 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 100 penalty units.

51.   Special provisions as to deer

(1)  A person must not take a deer by means, or with the assistance, of a dog.

Penalty:  Fine not exceeding 100 penalty units.

(2)  Except with the written permission of the Secretary, a person must not take a deer otherwise than by shooting it with a rifle –

(a) with a calibre of not less than 6 millimetres (or 0.236 inches); and

(b) which is capable of delivering a projectile having a kinetic energy of 1 350 joules (or 996 foot pounds) at a distance of 100 metres (or 109.36 yards) from the rifle.

Penalty:  Fine not exceeding 100 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 tine and the trez tine.

Penalty:  Fine not exceeding 100 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 100 penalty units.

(5)  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 100 penalty units.

(6)  Except with the written permission of the Secretary, a person must not remove a prescribed tag fixed to a deer in accordance with subregulation (3) or (4) .

Penalty:  Fine not exceeding 100 penalty units.

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

Penalty:  Fine not exceeding 100 penalty units.

(8)  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.

52.   Special provisions as to wild duck

(1)  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 100 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 100 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 100 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 100 penalty units.

(5)  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 100 penalty units.

(6)  Except with the written 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 100 penalty units.

(7)  Except with the written 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 use, or have possession of, ammunition containing lead shot for the purpose of taking wild duck.

Penalty:  Fine not exceeding 100 penalty units.

(8)  Except with the written 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 100 penalty units.

(9)  In this regulation –

lead shot means shot that is made of lead or any alloy containing lead;

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;

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.

53.   Hunting limits for deer, pheasant and brown quail

(1)  Except as authorised by a permit under Part 2 , 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 100 penalty units.

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

Penalty:  Fine not exceeding 100 penalty units.

(3)  Except as authorised by a permit under Part 2 , a person must not, in any one day during an open season, take more than 20 brown quail.

Penalty:  Fine not exceeding 100 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) with the written permission of the Secretary; or

(b) if 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 100 penalty units.

54.   Bag limits for wild duck and muttonbird

(1)  Except as authorised by a permit under Part 2 , a person must not, in any one day during an open season, take more than 10 wild duck.

Penalty:  Fine not exceeding 100 penalty units.

(2)  Except as authorised by a permit under Part 2 , 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 100 penalty units.

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

PART 4 - Taxidermy

55.   Prohibition on carrying out taxidermy without licence

(1)  A person must not carry out taxidermy for a commercial purpose unless the person is the holder of a commercial taxidermy licence issued under Part 2 .

Penalty:  Fine not exceeding 100 penalty units.

(2)  A person must not carry out taxidermy other than for a commercial purpose unless the person has the permission of the Secretary.

Penalty:  Fine not exceeding 100 penalty units.

(3)  In this regulation –

commercial purpose means the purpose of sale, processing, manufacture or any other purpose that is directed to gain or reward.

56.   Restrictions on licensed commercial taxidermist

The holder of a commercial taxidermy licence must not –

(a) charge a fee for the display of wildlife to the public; or

(b) buy or acquire wildlife from a person unless that person –

(i) holds an appropriate licence authorising that person to sell or dispose of that wildlife; or

(ii) has the written permission of the Secretary; or

(c) sell or otherwise dispose of wildlife to a person unless that person –

(i) holds an appropriate licence authorising that person to buy or acquire that wildlife; or

(ii) has the written permission of the Secretary.

Penalty:  Fine not exceeding 100 penalty units.

57.   Restrictions on receiving wildlife for taxidermy

(1)  A person must not receive any specially protected wildlife or protected wildlife for the purpose of taxidermy without the written permission of the Secretary.

Penalty:  Fine not exceeding 100 penalty units.

(2)  If any specially protected wildlife or protected wildlife is delivered to the holder of a commercial taxidermy licence for the purpose of taxidermy, but the person delivering the wildlife does not produce to the holder a permission referred to in subregulation (1) at the time of delivery, the licence holder is to place the wildlife in a freezing chamber and notify a wildlife officer of the delivery.

(3)  The Secretary may reimburse the licence holder for any expenditure incurred by the licence holder in complying with subregulation (2) .

58.   Receiving wildlife for taxidermy on behalf of licence holder

(1)  Except as authorised by a permit issued under subregulation (3) , a person must not receive an animal or animal part for the purpose of taxidermy as the employee or agent of, or otherwise on behalf of, the holder of a commercial taxidermy licence.

(2)  The holder of a commercial taxidermy licence may, by written notice to the Secretary, nominate a person as the person who the holder wishes to receive an animal or animal part for the purpose of taxidermy as an employee or agent of, or otherwise on behalf of, the holder of the licence.

(3)  If the Secretary receives a notice under subregulation (2) , the Secretary may issue a permit to the person nominated by the holder of the commercial taxidermy licence authorising that person to receive an animal or animal part for the purpose of taxidermy as the employee or agent of, or otherwise on behalf of, the holder of the licence.

(4)  The holder of a commercial taxidermy licence may, by written notice to the Secretary, revoke the nomination of a person contained in a notice under subregulation (2) .

(5)  The Secretary, on receipt of a notice under subregulation (4) from the holder of a commercial taxidermy licence, 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)  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)  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.

PART 5 - Miscellaneous

59.   Misrepresentations as to licences or permits

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

Penalty:  Fine not exceeding 100 penalty units.

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

Penalty:  Fine not exceeding 100 penalty units.

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

Penalty:  Fine not exceeding 100 penalty units.

(4)  A person must not falsely represent to a wildlife officer that –

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

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

Penalty:  Fine not exceeding 100 penalty units.

(5)  In this regulation –

licence means a licence issued under these regulations;

permit means a permit issued under these regulations.

60.   False or misleading statements

A person must not, in applying for a licence or permit or in giving any information under these regulations –

(a) make a statement knowing it to be false or misleading; or

(b) omit any matter from a statement knowing that without that matter the statement is false or misleading; or

(c) provide a document that the person knows to be false or misleading without informing the person to whom the document is provided of that knowledge.

Penalty:  Fine not exceeding 100 penalty units.

61.   Infringement notice offences and penalties

For the purposes of section 62 of the Act –

(a) an offence against a regulation specified in Schedule 10 is a prescribed offence in respect of which an infringement notice may be issued; and

(b) the penalty specified in that Schedule adjacent to that offence is the applicable penalty for that prescribed offence.

SCHEDULE 1 - Specially protected wildlife

Regulation 3(1)

PART 1 - Invertebrates

PART 2 - Amphibians

PART 3 - Reptiles

PART 4 - Birds

PART 5 - Mammals

SCHEDULE 2 - Protected wildlife

Regulation 3(1)

PART 1 - Invertebrates

PART 2 - Amphibians

PART 3 - Reptiles

PART 4 - Birds

PART 5 - Mammals

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

Regulations 3(1) and 36(2)

Birds

SCHEDULE 4 - Partly protected wildlife

Regulation 5 and regulation 37

PART 1 - Birds

PART 2 - Mammals

SCHEDULE 5 - Restricted animals

Regulation 6

PART 1 - Birds

PART 2 - Reptiles

SCHEDULE 6 - Restricted (special purpose) wildlife

Regulation 3(1)

Amphibians

SCHEDULE 7 - Domestic stock

Regulation 4

PART 1 - Birds

PART 2 - Mammals

SCHEDULE 8 - Fees

Regulation 3(1) and regulation 33(5) and (6)

PART 1 - Fees for licences

PART 2 - Fees for permits

SCHEDULE 9 - Royalties

Regulation 34

SCHEDULE 10 - Infringement notice offences and penalties

Regulation 61

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

Notified in the Gazette on 1 December 2010

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

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations, made under Part 4 of the Nature Conservation Act 2002  –

(a) establish a licensing and permit system to regulate hunting, trading, taxidermy and related uses of wildlife and the products of wildlife; and

(b) classify wildlife as protected, partly protected, specially protected and restricted (special purpose) for the purposes of the Act and these regulations; and

(c) prescribe certain animals as restricted animals and domestic stock for the purposes of the Act; and

(d) are made consequentially on the repeal of the Wildlife Regulations 1999 under section 11 of the Subordinate Legislation Act 1992 .