Exhibited Animals Protection Act 1986 Exhibited Animals Protection Amendment (Miscellaneous) Regulation 1996 (1996-454) [GG No 104 of 13.9.1996] (NSW)
1996 No 454
New South Wales
Exhibited Animals Protection
Amendment (Miscellaneous)
Regulation 1996
under the
Exhibited Animals Protection Act 1986
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Exhibited Animals Protection Act
1986.
RICHARD AMERY, M.P.,
Minister for Agriculture
Explanatory note
The object of this Regulation is to amend the Exhibited Animals ProtectionRegulation 1995 in the four ways described below.
Definition of “exhibit”
The Exhibited Animals Protection Act 1986 regulates the “exhibition” of display, or the keeping for display, of an animal solely in circumstances declared by the regulations not to constitute an exhibition of the animal for
certain animals.
Section 12 of the Act requires each occupier of premises used as an animal
display establishment of a prescribed class to have a licence. (An animal
display establishment is defined in section 5 (1) to mean premises used for
the exhibition of animals.) Section 22 prevents the unauthorised exhibit of
animals on certain other premises. Section 24 of the Act prohibits a person
from exhibiting an animal of a prescribed species unless the person is the
holder, or is supervised by the holder, of a permit authorising the holder toexhibit an animal.
Published in Gazette No 104 of 13 September 1996, page 6328 Page 1
1996 No 454
Exhibited Animals Protection Amendment (Miscellaneous) Regulation 1996
Explanatory note
the purposes of the Act. Clause 5 of the Exhibited Animals Protection of 10 or less animals of a type described in Schedule 4 for the purpose of the promotion of an agricultural product is one of the circumstances that does not constitute an exhibition of the animals for the purposes of the Act. Therefore, if an animal is displayed or kept for display in such circumstances, the keeping of the animal will not be an “exhibition” for the purposes of the Act, and will not require a permit or approval. Also, the premises used for the keeping or display of the animal will not be an “animal display establishment” and will not be required to be licensed. Item [7] makes a consequential amendment.
Regulation 1995 declares certain circumstances for this purpose.
Standard for exhibiting circus animals
Section 22 of the Act applies to those in charge of certain species of animals who exhibit the animals on premises occupied by temporary or moveable structures used for the purpose of a circus. Such persons are required to obtain an approval authorising the holder to exhibit animals of that species. Item [5] provides that it is a condition of every such approval that the animal will be kept and exhibited in accordance with the “Standard for Exhibiting Circus Animals in New South Wales”.
Fees for minor exhibitors
The Table to clause 12 of the Exhibited Animals Protection Regulation 1995 sets out the fees payable for the issue and renewal of licences, approvals and permits under the Act. Item [4] substitutes the Table of fees so as to impose fees for the issue of a permit for the display of animals (under section 24 of the Act). Items [l] and [3] update the definitions of minor establishment and minor exhibitor.
Exemptions from record-keeping obligations
Clause 34 of the Exhibited Animals Protection Regulation 1995 requires the holder of an authority to keep animal records. Clauses 35 and 36 require certain other records to be kept by an exhibitor of animals. Item [6] inserts a new clause that allows the Director-General to grant exemptions from the relevant record keeping obligations.
This Regulation is made under the Exhibited Animals Protection Act 1986, including section 5 (1) (definition of exhibit), section 14 (standards), section 25 (issue of permits) and section 53 (the general regulation making power).
1996 No 454
Exhibited Animals Protection Amendment (Miscellaneous) Regulation 1996 Clause 1 Exhibited Animals Protection Amendment
(Miscellaneous) Regulation 19961 Name of Regulation This Regulation is the Exhibited Animals Protection Amendment
(Miscellaneous) Regulation 1996.
2 Commencement
This Regulation commences on 16 Sepember 1996.
3 Amendment of Exhibited Animals Protection Regulation 1995
The Exhibited Animals Protection Regulation 1995 is amended as set out in Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
1996 No 454
Exhibited Animals Protection Amendment (Miscellaneous) Regulation 1996
| Schedule 1 | Amendments |
| Schedule 1 | Amendments |
(Clause 3 )
[1] Clause 3 Definitions
Omit the definition of minor establishment.
Insert instead:minor establishment means premises, not being a temporary establishment, at which no more than 30 animals are exhibited.
[2] Clause 5 Exhibitions exempted from the operation of the Act
Insert after clause 5 (l):
(m) that the animal, being an animal of a species listed in Schedule 4, and not being an animal kept pursuant to an approval or permit or at a licensed animal display establishment, is displayed, or kept for display, for the purposes of promoting an agricultural product derived from that species of animal and:
(i) the animal is one of no more than 10 animals displayed, or kept for display, for this purpose at any one time, and (ii) any display lasts for no more than 2 days at a time and is conducted at least 5 days after any previous display of the animal, and (iii) the animal is displayed near a display of the relevant agricultural product or shortly before or after such a display, and (iv) the person who normally cares for the animal attends the animal for the duration of any display.
[3] Clause 12 Fees
Omit clause 12 (4). Insert instead:
(4) In this clause:
minor exhibitor means a person who exhibits no more
than 30 animals.
1996 No 454
Exhibited Animals Protection Amendment (Miscellaneous) Regulation 1996
Amendments Schedule 1 [4] Clause 12
Omit the Table to clause 12. Insert instead:
Table
Application for Lodgment fee Issue fee Licence under section $200 $250 for minor
18 of the Act
establishments, otherwise $900
$100
Renewal of licence $250 for minor under section 18 of the establishments, Act otherwise $900
Approval under section $200 $250 for minor 22 of the Act exhibitors, otherwise
$900Renewal of approval $100 $250 for minor under section 22 of the exhibitors, otherwise Act $900 Permit under section 24 $20 per species nil if applicant holds of the Act current licence or
approval, $250 if the
applicant is a minor
exhibitor, otherwise
$900Renewal of permit nil if applicant holds nil if applicant holds under section 24 of the current licence or current licence or Act approval, otherwise approval, $250 if the $20 per species
applicant is a minor exhibitor, otherwise $900
Approval under section $40 nil 19 of the Act Transfer of licence $200 $250 for minor under section 27 of the establishments, Act otherwise $900 Variation of authority $20 nil under section 27 of the
Act
1996 No 454
Exhibited Animals Protection Amendment (Miscellaneous) Regulation 1996
| Schedule 1 | Amendments |
[5] Clause 17A
Insert after clause 17:
17A Exhibition of animals at circuses etc
It is a condition of every approval under Division 2 of Part 3 of the Act authorising the exhibition of an animal at a circus that the animal will be kept and exhibited in accordance with the Standard for Exhibiting Circus Animals in New South Wales approved and published by the Director-General.
[6] Clause 36A
Insert after clause 36:
36A Variation of record keeping obligations
The Director-General may, at the request of the holder of an authority or an exhibitor, exempt the holder or exhibitor from any obligation to keep records otherwise applicable to that holder or exhibitor under clause 34, 35 or 36.
[ 7 ] Schedule 4 Exemptions—animals displayed for certain agricultural and promotional purposes
Omit “(Cl. 5 (1))”. Insert instead “(Clause 5 (1) and (m))”.
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