Exhibited Animals Protection Regulation 1995 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation may be cited as the Exhibited Animals Protection Regulation 1995.

2Commencement

This Regulation commences on 1 September 1995.

3Definitions

In this Regulation:

authorised premises means premises to which an authority relates, including any land occupied by the holder of the authority for, or in connection with, the exhibition of animals in accordance with the authority.

authority means a licence, an approval under section 22 of the Act or a permit.

cetacea display establishment has the meaning it has in section 34 of the Act.

drive-through area means any part of an animal display establishment in which there is exhibited an animal and through which the public may be permitted to drive motor vehicles without being separated from the animal by a fence, moat or cage forming part of the establishment.

enclosure includes a cage or other structure in which an exhibited animal is kept or is treated for illness or injury.

fence includes a wall or other barrier.

licensed premises means premises to which a licence relates.

minor establishment means premises, not being a temporary establishment, at which no more than 30 animals are exhibited.

permit animal means an animal of a species set out in Schedule 2.

pet shop means premises in which animals are kept primarily for sale as pets in the course of a trade, business or profession.

temporary establishment means premises occupied by temporary or movable structures used for one or more of the purposes referred to in section 22 (2) of the Act.

the Act means the Exhibited Animals Protection Act 1986.

Part 2Animal display establishments4Exemptions from licensing requirements

For the purposes of section 4 (1) of the Act, an animal display establishment is exempt from the requirement to be licensed if the only animals exhibited at the establishment are freshwater fish that are kept:

• (a)

  in a decorative or landscaped pond or ponds of any size, or

• (b)

  in an aquarium that has a capacity of less than 2,000 litres or aquaria that have a total capacity of less than 2,000 litres.

5Exhibitions exempted from the operation of the Act

For the purposes of paragraph (c) of the definition of exhibit in section 5 (1) of the Act, it is declared that the display, or keeping for display, of an animal in the following circumstances does not constitute an exhibition of the animal for the purposes of the Act:

• (a)

  that the animal is a free-living animal in its natural habitat,

• (b)

  if the animal is in an enclosed area—that it is in a wild state and does not depend on human interaction for its welfare or upkeep,

• (c)

  that the animal is a lawful captive and is part of a competitive display of household pets,

• (d)

  that the animal is part of a competitive display of domestic farm animals,

• (e)

  that the animal is a domestic farm animal being used to demonstrate the acquisition of wool, milk or other produce of a living animal,

• (f)

  that the animal is of domestic hoof-stock and is performing, or is to perform, in an event at a rodeo,

• (g)

  that the animal is a lawful captive that is not displayed or kept for display, to the public,

• (h)

  that the animal is displayed, or kept for display, in accordance with the authority conferred by a licence in force under the National Parks and Wildlife Act 1974,

• (i)

  that the animal is displayed, or kept for display, in the course of carrying on the business of animal research, or in the course of carrying out animal research, without contravening the Animal Research Act 1985,

• (j)

  that the animal, being an animal of a species listed in Schedule 3 and not being an animal kept pursuant to a permit or at a licensed animal display establishment, is an animal used only for riding or racing,

• (k)

  that the animal is kept in a pet shop for display and not for sale,

• (l)

  that the animal, being an animal of a species listed in Schedule 4 and not being an animal kept pursuant to a permit or at a licensed animal display establishment, is displayed:

  • (i)

    at an agricultural show or show parade conducted by the Royal Agricultural Society or a society that is a member of the Agricultural Societies Council, or

  • (ii)

    at an agricultural field day conducted on a farm or showground, or

  • (iii)

    on the farm on which the animal is kept,

• (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,

• (n)

  that the animal is a fish that is kept (otherwise than in a habitat display) at:

  • (i)

    a fish hatchery, or

  • (ii)

    a fish farm,

  for the purpose of:

  • (iii)

    commercial food production, or

  • (iv)

    re-stocking of lakes, dams or waterways.

6Zoological parks

For the purposes of the definition of zoological park in section 5 (1) of the Act, an educational, cultural, scientific or recreational purpose is a prescribed purpose.

7Classes of animal display establishments(1)

For the purposes of section 12 of the Act, the prescribed classes of animal display establishments are:

• (a)

  cetacea display establishments, and

• (b)

  animal display establishments other than temporary establishments, and

• (c)

  minor establishments.

(2)

For the purposes of section 13 of the Act, the classes of animal display establishments are:

• (a)

  those prescribed by subclause (1), and

• (b)

  temporary establishments, and

• (c)

  zoological parks established, maintained or controlled by the board.

8Standards for animal display establishments(1)

For the purposes of section 14 of the Act, the requirements in any general standards for exhibiting animals approved and published by the Director-General from time to time apply as standards prescribed for animal display establishments of the classes prescribed by clause 7 (2).

(2)

For the purposes of sections 14 and 25 of the Act, the standards set out in the following publications approved and published by the Director-General from time to time apply as standards prescribed for the purposes of sections 14 and 25 of the Act:

• •

  Standards for Exhibiting Koalas (Phascolarctos cinereus) in New South Wales

• •

  Standards for Exhibiting Bottle-nosed Dolphins (Tursiops truncatus) in New South Wales

• •

  Standards for Exhibiting Captive Raptors in New South Wales

• •

  Standards for Exhibiting Captive Macropods (Kangaroos, Wallabies and Allies) in New South Wales

• •

  Standards for Exhibiting Carnivores in New South Wales.

(3)

The Director-General may, at the request of a person who is the applicant for or holder of an authority that relates to:

• (a)

  an animal display establishment that was in existence before 9 June 1989, or

• (b)

  the exhibition of an animal that was exhibited by the person before that time,

vary any standard otherwise applicable under this clause to the establishment or the exhibition of the animal by the person.

(4)

If a standard is varied under this clause, the standard applicable to the establishment or exhibition of the animal concerned is the standard as so varied.

(5)

It is a condition of an authority that the exhibition of animals to which it relates must be in accordance with such of the standards referred to in this clause as are applicable in relation to the authority.

9Conservation education by animal display establishments

For the purposes of sections 14 and 25 of the Act, an animal display establishment is to provide education to the public concerning the conservation of animals to a standard approved by the Director-General.

10Exhibitions of species of animals that require permits

The species of animals prescribed for the purposes of sections 24 and 25 of the Act are those set out in Schedule 2.

Part 3AuthoritiesDivision 1General11Application for issue, renewal or variation of authority(1)

An application for the issue, renewal or variation of an authority (other than a licence to be issued under section 18 of the Act following an approval under that section) or for the transfer of a licence:

• (a)

  must be made in writing in the form approved by the Director-General for the purposes of the application, and

• (b)

  must be accompanied by any supporting documents referred to in the approved form and by the relevant fee or fees, and

• (c)

  in the case of an application for renewal—must be lodged with the Director-General during the month of May that last precedes expiration of the authority.

(2)

An application for a renewal of an authority that complies with subclause (1) operates to renew the authority unless:

• (a)

  the Director-General notifies the holder of the authority that renewal of the authority has been refused, or

• (b)

  the application has been deemed to be refused by operation of section 27 (4) of the Act.

(3)

An application for renewal of an authority is not required and subclause (2) has effect as if such an application had been made in compliance with subclause (1) if:

• (a)

  the authority first takes effect during May or June, and

• (b)

  the fee or fees for renewal of the authority is or are paid before the next succeeding 1 July.

(4)

If the Director-General considers that an application for an authority is based principally on scientific grounds, the Director-General must, before making his or her decision on the application, seek the views of persons who, in the opinion of the Director-General, are qualified to assist in reaching that decision.

(5)

If investigation of an application for an authority discloses that the authority, if issued, would authorise the keeping in captivity of an animal that, in the opinion of the Director-General, could be successfully kept only with difficulty, the Director-General must not issue the authority unless the applicant provides the Director-General with a certificate by a person approved by the Director-General to the effect that all the requirements for commencing the proper keeping of the animal have been complied with.

(6)

The Director-General must not issue a licence unless:

• (a)

  the applicant has, to the satisfaction of the Director-General, completed a course of study of a kind approved by the Director-General concerning the requirements of the Act and this Regulation, and

• (b)

  the applicant understands, to the satisfaction of the Director-General, the requirements of the Act and this Regulation.

(7)

An application is not required for a licence to be issued under section 18 (4) of the Act.

12Fees(1)

The fee for the lodgment of an application of a class specified in the Table to this clause is the lodgment fee specified opposite that class of application.

(2)

The fee for the issue of an authority following an application of a class specified in the Table to this clause is the issue fee specified opposite that class of application.

(3)

Despite subclause (2), if an authority issued by the Director-General is to take effect during a named month other than July, the applicant is to pay the same proportion of the full fee payable under subclause (2) for that authority as is borne to 12 by the number of named months that will elapse before the next succeeding July.

(4)

In this clause:

minor exhibitor means a person who exhibits no more than 30 animals.

Table

Application for	Lodgment fee	Issue fee
Licence under section 18 of the Act	$200	$250 for minor establishments, otherwise $900
Renewal of licence under section 18 of the Act	$100	$250 for minor establishments, otherwise $900
Approval under section 22 of the Act	$200	$250 for minor exhibitors, otherwise $900
Renewal of approval under section 22 of the Act	$100	$250 for minor exhibitors, otherwise $900
Permit under section 24 of the Act	$20 per species	nil if applicant holds current licence or approval, $250 if the applicant is a minor exhibitor, otherwise $900
Renewal of permit under section 24 of the Act	nil if applicant holds current licence or approval, otherwise $20 per species	nil if applicant holds current licence or approval, $250 if the applicant is a minor exhibitor, otherwise $900
Approval under section 19 of the Act	$40	nil
Transfer of licence under section 27 of the Act	$200	$250 for minor establishments, otherwise $900
Variation of authority under section 27 of the Act	$20	nil

13Duration of authority

For the purposes of section 29, an authority remains in force (unless it is earlier cancelled and except during any period of suspension) until:

• (a)

  in the case of an authority other than a renewed authority—1 July following the date on which the authority commences, or

• (b)

  in the case of a renewed authority—1 July following the date on which the renewed authority commences.

14Appeals(1)

An aggrieved person may appeal to the Minister under section 32 of the Act by lodging with the Minister, within 28 days after service on the person of written notice of the decision appealed against, a notice of appeal that complies with subclause (2).

(2)

To comply with this subclause, a notice of appeal must:

• (a)

  be signed by or on behalf of the appellant, and

• (b)

  identify the decision appealed against, and

• (c)

  state the grounds of the appeal, and

• (d)

  state any directions the appellant desires the Minister to give if the appeal is upheld.

(3)

The Minister must do the following before making a decision on an appeal:

• (a)

  give the Director-General an opportunity to make submissions in relation to the appeal, and

• (b)

  take any such submissions into account.

(4)

The time within which an aggrieved person may appeal under section 33 of the Act to a Local Court is 28 days after service on the person of written notice of the decision appealed against.

Division 2Conditions15Australasian Species Management Program

A permit authorising the exhibition of an animal of a species referred to in Schedule 2 may include a condition requiring the holder to participate in the Australasian Species Management Program of the Species Management Co-ordinating Council.

16Controlled breeding from stock

A licence or permit is subject to a condition requiring the holder to engage in a program of controlled breeding from the animals to which the licence or permit relates unless such a program:

• (a)

  would adversely affect the welfare of the progeny because of budgetary or space constraints, or

• (b)

  would add to an existing surplus of the species, or

• (c)

  would not be in accordance with the Australasian Species Management Program referred to in clause 15, or

• (d)

  in the opinion of the Director-General, would not, for any other reason, be in the best interests of the species or an individual animal.

17Insurance

An authority is subject to a condition requiring the holder to maintain a policy of insurance, providing cover of an amount approved by the Director-General, against any liability of the holder, or of a servant or agent of the holder, for death, injury or damage that arises out of or in connection with an activity authorised by the authority.

17AExhibition 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.

18Imposition of terms and conditions by the Director-General(1)

Terms or conditions of an authority may be imposed by the Director-General under section 28 (1) (c) of the Act after the issue of the authority:

• (a)

  at the request of the holder of the authority, or

• (b)

  otherwise than at the request of the holder of the authority if subclause (3) has been complied with by the Director-General before imposition of the term or condition.

(2)

A term or condition of an authority that is specified under section 28 (1) (b) of the Act in the authority when it is issued, or that is imposed by the Director-General under section 28 (1) (c) of the Act after it is issued, may be varied by the Director-General if the decision to make the variation is made after subclause (3) has been complied with.

(3)

This subclause is complied with if:

• (a)

  the Director-General gives the holder of the authority written notice that the Director-General is considering the imposition or variation of terms or conditions specified in the notice, and

• (b)

  the notice states that the holder of the authority may, within a specified time, make written representations to the Director-General or arrange with the Director-General for the making of oral representations, and

• (c)

  before making any decision in relation to a term, or condition or variation under consideration, the Director-General takes into account any such representations.

Part 4Offences19Display of authority

The holder of an authority must cause the authority to be at all times publicly displayed in a prominent position on the authorised premises.

Maximum penalty: 5 penalty units.

20Veterinary drugs(1)

The holder of an authority must ensure that veterinary drugs, vaccines and like products kept on the authorised premises are so kept in a manner that allows access to them only by a registered veterinarian or a person authorised by a registered veterinarian.

Maximum penalty: 10 penalty units.

(2)

A person other than a registered veterinarian must not, except as directed by a registered veterinarian, administer a drug or vaccine to an animal that is exhibited on authorised premises.

Maximum penalty: 5 penalty units.

21Notification of outbreak of disease

The holder of an authority must notify the Director-General of any widespread outbreak of a debilitating or fatal disease among the animals on the authorised premises and must do so not later than 24 hours after discovery of the outbreak.

Maximum penalty: 5 penalty units.

22Disposal of unwanted veterinary equipment

A person disposing of unwanted or contaminated veterinary equipment from authorised premises must do so in such a way that the equipment does not become a danger to any person.

Maximum penalty: 10 penalty units.

23Tethering of animals(1)

A person must not chain or tether an exhibited animal to an anchorage except for the purposes of veterinary treatment or grooming.

Maximum penalty: 5 penalty units.

(2)

Subclause (1) does not apply:

• (a)

  to elephants or domesticated hoof-stock that are not on display, or

• (b)

  to raptors if the applicable standards are observed.

24Dangerous or unsuitable housing(1)

If the Director-General (or an inspector) considers that an exhibited animal is caged or otherwise housed in conditions that threaten human safety or are unsuitable for the animal, the Director-General (or the inspector) may direct the exhibitor of the animal:

• (a)

  to remove the animal to a cage or other housing approved by the Director-General (or the inspector), or

• (b)

  to modify the cage or housing in a specified way within a specified time, or

• (c)

  to demolish the cage or housing within a specified time.

(2)

An exhibitor of an animal who is given a direction under subclause (1) must comply with the direction.

Maximum penalty—subclause (2): 10 penalty units.

25Exhibition of unconfined animal

The exhibitor of an animal in contact with the public must so supervise and control it as to prevent injury to the public or to the animal.

Maximum penalty: 10 penalty units.

26Safety in drive-through area(1)

The exhibitor of a dangerous animal kept in a drive-through area must cause admission of a motor vehicle to the area to be refused unless the persons in the vehicle are enclosed within a solid structure forming part of the vehicle.

(2)

While a person is inside a drive-through area, the exhibitor of a dangerous animal in the area must cause:

• (a)

  a suitable vehicle to be immediately available to rescue an endangered person, whether or not by towing or lifting a vehicle containing the endangered person, and

• (b)

  continuous observation to be maintained over the entire area, and

• (c)

  a suitably trained and armed member of the staff of the animal display establishment that includes the area, to be immediately available to kill or sedate an animal in order to save human life or prevent injury.

Maximum penalty: 10 penalty units.

(3)

In this clause:

dangerous animal means:

• (a)

  an animal of a species (such as tigers, lions and bears) whose members ordinarily pose a significant risk of death or injury to the public, or

• (b)

  an animal that, because of its particular disposition, health or other condition, poses a significant risk of death or injury to the public.

27Escape of animal(1)

An exhibitor of a permit animal must immediately notify the Director-General if the animal escapes from the authorised premises.

(2)

If a permit animal escapes from an enclosure within authorised premises but not from the premises, the permit holder must notify the Director-General of the escape immediately and on recapture of the animal.

(3)

If an animal other than a permit animal escapes from authorised premises, or from an enclosure within authorised premises but not from the premises, the holder of the authority must notify the Director-General of the escape within 48 hours of the escape.

(4)

The holder of an authority must make all reasonable efforts to recover, alive or dead, an exhibited animal that escapes.

Maximum penalty: 10 penalty units.

28Venomous animals

An exhibitor of an animal that is venomous to human beings must:

• (a)

  if a suitable antiserum exists, at all times have an appropriate supply of the antiserum available at the place of exhibition of the animal or at the nearest hospital, and

• (b)

  maintain an emergency plan for the treatment of a person poisoned by the animal.

Maximum penalty: 5 penalty units.

29Reporting of injuries to people

The holder of an authority must immediately report to the Director-General any incident involving:

• (a)

  the death of a person, or

• (b)

  injury to a person that requires medical treatment,

caused by an animal to which the authority relates.

Maximum penalty: 10 penalty units.

30Noisy construction and maintenance work

An exhibitor of animals must take such steps as are necessary to alleviate any undue distress or disturbance of the animals resulting from the noise of construction or maintenance work being carried on by or on behalf of the exhibitor.

Maximum penalty: 5 penalty units.

31Acquisition and disposal of animals

The holder of an authority must not:

• (a)

  acquire an animal for exhibition knowing that the transaction is with a person who, by acquiring the animal, committed an offence under the National Parks and Wildlife Act 1974 or the Non-Indigenous Animals Act 1987, or

• (b)

  dispose of an exhibited animal to a person who, by acquiring the animal, would commit an offence under either of those Acts, or

• (c)

  except in the case of an animal listed in Schedule 1—without the consent of the Director-General, acquire an animal for exhibition or dispose of an exhibited animal.

Maximum penalty: 10 penalty units.

32Removal of exhibited animal(1)

The holder of a licence for an animal display establishment must not, without the written consent of the Director-General, keep an exhibited animal, or permit such an animal to be kept, outside the animal display establishment in which it is ordinarily exhibited.

Maximum penalty: 5 penalty units.

(2)

The holder of an authority must not remove an animal from the authorised premises unless an appropriate application for the consent of the Director-General to the removal of the animal was made:

• (a)

  at least 7 days before the proposed removal, or

• (b)

  by agreement with the Director-General, at a later time,

and the Director-General has given his or her written consent to the removal of the animal.

Maximum penalty: 10 penalty units.

(3)

Subclauses (1) and (2) do not apply in relation to an animal if:

• (a)

  it is being taken to, or returned from, the premises of a registered veterinarian, or

• (b)

  it is being kept on the premises of a registered veterinarian for treatment or observation, or

• (c)

  it is being transported to give effect to its lawful disposition or acquisition.

(4)

In this clause:

appropriate application means a written application stating, in relation to the animal to which it relates:

• (a)

  the kind of animal, and

• (b)

  its destination, and

• (c)

  the method of transporting it, and

• (d)

  in the case of a temporary removal (such as for advertising)—the arrangements for the safety of the public in its vicinity, and

• (e)

  in the case of a temporary removal—the way in which the animal will be used and the duration of that use, and

• (f)

  the number and qualifications of the staff responsible for the animal while it is being transported and, in the case of a temporary removal, during its absence.

33Exemption from requirements concerning acquisition, disposal and removal of animals(1)

The holder of an authority is exempt from the requirements of clause 31 (c) and 32 (2) if the holder of the authority:

• (a)

  has, to the satisfaction of the Director-General, completed an animal exhibitor’s accreditation course of a kind specified by the Director-General, and

• (b)

  holds a current certificate of exemption issued by the Director-General for the purposes of this subclause, and

• (c)

  complies with any conditions to which the certificate of exemption is subject.

(2)

The Director-General may, by notice in writing, cancel a certificate of exemption issued under this clause if the person to whom the certificate is issued fails to comply with the requirements of the Act, this Regulation or the conditions to which the certificate is subject.

34Animal records(1)

In this clause:

relevant period, in relation to an authority, means:

• (a)

  the period that begins when the authority first takes effect and ends on the next succeeding 30 April, and

• (b)

  each period of 12 months that commences on 1 May and succeeds the period referred to in paragraph (a).

(2)

The holder of an authority must, at all times during each relevant period while the authority is in force, keep on the authorised premises animal records in a form approved by the Director-General.

Maximum penalty: 10 penalty units.

(3)

As soon as practicable after information required to keep the animal records up-to-date becomes available to the holder of an authority, the holder must cause the information to be entered in the animal records.

Maximum penalty: 10 penalty units.

(4)

The holder of an authority must not:

• (a)

  fail to notify the Director-General within 7 days after the loss of, or after any damage to, the animal records, or

• (b)

  make an entry, or allow an entry to be made, in the animal records:

  • (i)

    if the records are in a written or printed form—otherwise than in ink, or

  • (ii)

    if the records are stored in electronic form—otherwise than in a manner approved by the Director-General, or

• (c)

  delete an erroneous entry in the animal records, or allow such an erroneous entry to be deleted:

  • (i)

    if the records are in written or printed form—otherwise than by drawing a single line through the entry, or

  • (ii)

    if the records are stored in electronic form—otherwise than in a manner approved by the Director-General.

Maximum penalty: 5 penalty units.

(5)

A person must not, in any way, knowingly cause the animal records to be false or misleading in a material particular.

Maximum penalty: 10 penalty units.

(6)

The holder of an authority making application for its renewal must lodge with the application the animal records required to be kept during the relevant period for the authority that last preceded the application.

Maximum penalty: 10 penalty units.

(7)

The former holder of the authority must, not later than 14 days after expiration of an authority, lodge with the Director-General the animal records the former holder was required to keep:

• (a)

  during the relevant period for the authority that expired on the last preceding 30 April, and

• (b)

  during the relevant period for the authority that commenced on the last preceding 1 May.

Maximum penalty: 10 penalty units.

(8)

If an authority is suspended, surrendered or cancelled, the holder, or former holder, of the authority must:

• (a)

  within 14 days after the surrender, or

• (b)

  within 14 days after being notified of the suspension or cancellation,

lodge with the Director-General the animal records the holder, or former holder, was required to keep during the relevant period for the authority that commenced on 1 May last preceding the surrender, suspension or cancellation.

Maximum penalty: 10 penalty units.

35Other records(1)

An exhibitor of animals must maintain, in a manner approved by the Director-General, an up-to-date record of:

• (a)

  any illness, disease, injury or other poor health of animals, and

• (b)

  the day-to-day progress or regress of the animals, and

• (c)

  the treatment, medicinal and otherwise, administered to the animals.

(2)

An exhibitor of animals must maintain, in a manner approved by the Director-General, an up-to-date record of routine checks made on the health of the animals.

(3)

An exhibitor of animals must maintain, in a manner approved by the Director-General, an up-to-date record of each veterinary inspection of the animals and of any veterinary care given to the animals.

(4)

An exhibitor of animals must retain, for at least 2 years after it is made, a record made under this clause.

Maximum penalty: 5 penalty units.

36Species identification(1)

An exhibitor of animals must make, and retain for at least 2 years after it is made, a record of the name and qualifications of a person who identifies a species of animals for the exhibitor.

(2)

If the Director-General so directs, an exhibitor of animals must have the species of the animals identified by a person nominated by the Director-General.

Maximum penalty: 5 penalty units.

36AVariation 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.

37Attendants and other staff

An exhibitor of animals must:

• (a)

  employ such number of adequately trained and competent staff as is necessary to maintain daily the level of animal husbandry prescribed by this Regulation, and

• (b)

  employ such number of qualified or experienced animal attendants as are necessary to maintain the level of care of the exhibited animals prescribed by this Regulation, and

• (c)

  make such arrangements as are necessary to ensure that there will at all times be a person authorised to call for veterinary advice in relation to the animals.

Maximum penalty: 10 penalty units.

38Compliance with conditions

The holder of an authority must comply with any conditions to which the authority or a certificate of exemption issued to the holder under clause 33 is subject.

Maximum penalty: 10 penalty units.

Part 5Miscellaneous39Keeping of records by the Director-General

The register required to be kept under section 20 of the Act, and any other records required to be kept by the Director-General or in accordance with a standard referred to in clause 8, must be kept:

• (a)

  in writing that is in the English language and is decipherable on sight, or

• (b)

  in such a form that the particulars in the register or other records may be readily reproduced in writing that is in the English language and is decipherable on sight.

40Organisations that may nominate persons to be members of advisory committee(1)

For the purposes of section 6 (4) (e) of the Act, the following are prescribed animal welfare organisations:

• •

  Animal Welfare League

• •

  Project Jonah

• •

  Royal Society for the Prevention of Cruelty to Animals

• •

  World Wide Fund for Nature Australia.

(2)

For the purposes of section 6 (4) (f) of the Act, the following are prescribed organisations representing exhibitors of animals:

• •

  Associated Birdkeepers and Traders Inc.

• •

  Circus Proprietors Association

• •

  NSW Association of Fauna and Marine Parks.

41Bonds paid as condition of cetacea display licence(1)

For the purposes of section 37 of the Act:

• (a)

  the prescribed amount is $20,000, and

• (b)

  an arrangement for a financial institution to guarantee the payment of an amount to the Director-General (not exceeding $20,000) is a prescribed arrangement.

(2)

The Director-General must invest any money:

• (a)

  deposited with the Director-General under section 37 of the Act by a licensee and that has not, for the time being, been expended under that section, and

• (b)

  paid to the Director-General under an arrangement referred to in subclause (1) and that has not, for the time being, been expended under that section.

(3)

The money must be invested:

• (a)

  in a manner authorised by the Trustee Act 1925 for the investment of trust funds, and

• (b)

  so that not more than one month’s notice is required for its repayment,

and the Director-General must arrange for the income to be paid directly to, or as authorised by, the licensee.

(4)

In subclause (1):

financial institution means:

• (a)

  the State Bank of New South Wales or a bank within the meaning of the Banking Act 1959 of the Commonwealth, or

• (b)

  a financial institution approved by the Director-General.

42Period of time for return of seized animal

For the purposes of section 41 of the Act, a period of 3 months after seizure of an animal under section 40 of the Act is the prescribed period after which the animal must be returned unless earlier dealt with under the Act.

43Registered particulars relating to licences

The prescribed fee for a certificate containing a copy of the registered particulars relating to an animal display establishment given under section 21 of the Act is $50.

44Repeals(1)

The Exhibited Animals Protection Regulation 1987 and the Exhibited Animals Protection Regulation 1989 are repealed.

(2)

Any act, matter or thing that, immediately before the repeal of a Regulation referred to in subclause (1), had effect under that Regulation is taken to have effect under this Regulation.

Schedule 1Unrestricted transfers

(Clauses 3, 31)

Part 1Reptiles (Reptilia)

Tortoises

Testudines

Chelodina longicollis

Common Long-necked Tortoise

Lizards

Sauria

Physignathus lesueurii

Eastern Water Dragon

Tiliqua scincoides

Blue-tongued Lizard

Snakes

Serpentes

Morelia spilota

Carpet or Diamond Python

Part 2Birds (Aves)Division 1Native birds

Emu

Casuariiformes

Dromaius novaehollandiae

Emu

Egret and ibis

Ciconiiformes

Ardeola ibis

Cattle Egret

Threskiornis aethiopica

Sacred Ibis

Ducks

Anseriformes

Dendrocygna eytoni

Plumed Whistling-duck

Chenonetta jubata

Maned Duck

Anas castanea

Chestnut Teal

Anas superciliosa

Black Duck

Anas gibberifrons

Grey Teal

Quail

Galliformes

Coturnix australis

Brown Quail

Coturnix chinensis

King Quail

Coturnix noturnix

Stubble Quail

Rails

Gruiformes

Gallinula tenebrosa

Dusky Moorhen

Porphyrio porphyrio

Purple Swamphen

Fulica atra

Eurasian Coot

Pigeons and doves

Columbiformes

Geopelia cuneata

Diamond Dove

Geopelia placida

Peaceful Dove

Parrots and cockatoos

Psittaciformes

Trichoglossus chlorolepidotus

Scaly-breasted Lorikeet

Cacatua roseicapilla

Galah

Cacatua galerita

Sulphur-crested Cockatoo

Cacatua sanguinea

Little Corella

Cacatua tenuirostris

Long-billed Corella

Nymphicus hollandicus

Cockatiel

Platycercus elegans

Crimson Rosella

Platycercus eximius

Eastern Rosella

Melopsittacus undulatus

Budgerigar

Frogmouths

Caprimulgiformes

Podargus strigoides

Tawny Frogmouth

Kingfishers

Coraciiformes

Dacelo novaeguineae

Kookaburra

Perching birds

Passeriformes

Gymnorhina tibicen

Australian Magpie

Taeniopygia guttata

Zebra Finch

Division 2Non-indigenous birds

Ducks and geese

Anseriformes

Anas platyrhynchos

Domestic Duck other than Mallard

Anser spp

Domestic Goose

Pheasants and allies

Galliformes

Coturnix coturnix

Japanese Quail

Gallus gallus

Domestic Chicken

Phasianus colchicus

Ring-necked Pheasant

Pavo cristatus

Blue (Indian) Peafowl

Meleagris gallopavo

Domestic Turkey

Alectoris chukar

Chukar Partridge

Numida meleagris

Helmeted Guineafowl

Pigeons and doves

Columbiformes

Columba livia

Domestic Pigeon

Streptopelia decaocto

Ring-necked Turtle Dove

Streptopelia “risoria”

Barbary Dove

Perching birds

Passeriformes

Serinus canaria

Domestic Canary

Part 3Mammals (Mammalia)Division 1Native mammals

Possums and kangaroos

Diprotodonta

Trichosurus vulpecula

Common Brushtail Possum

Pseudocheirus peregrinus

Common Ringtail Possum

Thylogale billardierii

Red-bellied Pademelon

Thylogale stigmatica

Red-legged Pademelon

Thylogale thetis

Red-necked Pademelon

Macropus eugenii

Tammar Wallaby

Macropus fuliginosis

Western Grey Kangaroo

Macropus giganteus

Eastern Grey Kangaroo

Macropus rufogriseus

Red-necked Wallaby

Macropus rufus

Red Kangaroo

Macropus robustus

Common Wallaroo

Wallabia bicolor

Swamp Wallaby

Division 2Non-indigenous mammals

Carnivores (placental)

Carnivora

Canis familiaris

Domestic Dog except C.f. dingo (Dingo) and C.f. hallstromi (New Guinea Wild Dog)

Felis catus

Domestic Cat

Hoofed mammals—odd-toed

Perrissodactyla

Equus asinus

Domestic Donkey

Equus caballus

Domestic Horse except E.c. przewalski (Przewalski’s Horse)

Hoofed mammals—even-toed

Artiodactyla

Sus scrofa

Domestic Pig

Bos taurus

Domestic Cattle

Bos indicus

Domestic Cattle

Ovis aries

Domestic Sheep

Capra hircus

Domestic Goat

Rabbits

Lagomorpha

Oryctolagus cuniculus

Domestic Rabbit

Rodents

Rodentia

Mus musculus

House Mouse

Rattus rattus

Black Rat

Rattus norvegicus

Norwegian Rat

Cavia porcellus

Guinea Pig

Schedule 2Animals for which a section 24 permit is required

(Clauses 3, 10, 15)

Part 1Amphibians (Amphibia)

Frogs and toads

Anura

Bufo marinus

Cane Toad

All species of the Family:

• •

  Dendrobatidae

Poison Arrow Frogs

• •

  Litoria aurea

Green and Gold Bell Frog

• •

  Philautus romeri

Romer’s Tree Frog

Part 2Reptiles (Reptilia)

Crocodiles, alligators and allies

Crocodilia

All species

Tortoises and turtles

Testudines

All species of the Family:

Carettochelydidae

Pitted-shelled Turtles

Cheloniidae

Sea Turtles

Dermochelyidae

Leathery Turtles

Pseudemydura umbrina

Western Swamp Tortoise

Geochelone elephantopus

Galapagos Tortoise

Geochelone gigantea

Aldabra Giant Tortoise

Tuatara

Rhynchocephalia

All species of the Family:

Sphenodontidae

Tuataras

Lizards

Sauria

Heloderma suspectum

Gils Monster

Brachylophus fasciatus

Fijian Banded Iguana

Brachylophus vitiensis

Fijian Crested Iguana

Delma impar

Striped Legless Lizard

Leiolopisma grande

Giant Otago Skink

Varanus komodoensis

Komodo Dragon

Snakes

Serpentes

Boa constrictor

Boa constrictor

Eunectes murinus

Anaconda

Python reticulatus

Reticulated Python

Liasis amethystina

Scrub Python

All species of the Genus:

Acanthophis

Death Adder

Austrelaps

Copperhead Snake

Cryptophis

Small-eyed Snake

Haemachatus

Spitting Cobra

Naja

Cobra

Notechis

Tiger Snake

Ophiophagus

King Cobra

Oxyuranus

Taipan

Parademansia

Fierce Snake

Pseudechis

Black Snake

Pseudonaja

Brown Snake

Tropidechis

Rough-scaled Snake

Vermicella

Bandy-Bandy

All species of the Family:

Crotalidae

Rattlesnakes

Hydrophiidae

Sea Snakes

Laticaudidae

Sea Kraits

Viperidae

Vipers

Part 3Birds (Aves)

Ostrich

Struthioniformes

Struthio camelus

Ostrich

Rheas

Rheiformes

Rhea americana

Common Rhea

Cassowaries

Casuariiformes

Casuarius casuarius

Southern Cassowary

Kiwis

Apterygiformes

Apteryx haastii

Great Spotted Kiwi

Albatrosses, petrels and allies

Procellariiformes

All species

Storks and flamingos

Ciconiiformes

Xenorhynchus asiaticus

Black-necked Stork

Phoenicopterus chilensis

Chilean Flamingo

Phoenicopterus ruber

Greater Flamingo

New world vultures

Cathartiformes

All species

Hawks, osprey and secretary-bird

Accipitriformes

All species

Falcons

Falconiformes

All species

Ducks

Anseriformes

Stictonetta naevosa

Freckled Duck

Anas aucklandica aucklandica

Auckland Island Teal

Anas aucklandica nesiotis

Campbell Island Teal

Megapodes

Galliformes

Leipoa ocellata

Malleefowl

Button-quails, rails, cranes, bustards and allies

Gruiformes

Turnix melanogaster

Black-breasted Button-quail

Grus rubicundus

Brolga

Balearica regulorum

East African Crowned Crane

Gallirallus sylvestris

Lord Howe Island Woodhen

Ardeotis australis

Australian Bustard

Plovers, waders, gulls and auks

Charadriiformes

All species except Larus novaehollandiae

Silver Gull

Parrots and cockatoos

Psittaciformes

All species of Genus:

Probosciger

Palm Cockatoo

Calyptorhynchus

Black Cockatoo

Callocephalon

Gang Gang Cockatoo

Cacatua pastinator

Western Long-billed Corella

Nestor notabilis

Kea

Nestor meridionalis meridionalis

South Island Kaka

Nestor meridionalis septentrionalis

North Island Kaka

Eclectus roratus

Eclectus Parrot

Cyanoramphus unicolor

Antipodes Island Green Kakariki

Lathamus discolor

Swift Parrot

Ara ararauna

Blue and Yellow Macaw

Ara macao

Scarlet Macaw

Ara chloroptera

Green-winged Macaw

Anodorhynchus hyacinthinus

Hyacinth Macaw

Strigops habroptilus

Kakapo

Cyclopsitta diophthalma

Double-eyed Fig-parrot

Psephotus chrysopterygius

Golden-shouldered Parrot

Neophema petrophila

Rock Parrot

Neophema chrysogaster

Orange-bellied Parrot

Cuckoos, touracos and hoatzins

Cuculiformes

All species

Owls

Strigiformes

All species

Frogmouths and nightjars

Caprimulgiformes

All species except Podargus strigoides

Tawny Frogmouth

Perching birds

Passeriformes

All species of the Family:

Pittidae

Pittas

Menuridae

Lyrebirds

Lichenostomus melanops cassidix

Helmeted Honeyeater

Notiomystis cincta

Stitchbird

Zanthomyza phrygia

Regent Honeyeater

Dasyornis brachypterus

Eastern Honeyeater

Callaeas cinerea wilsoni

North Island Kokako

Creadion carunculatus carunculatus

South Island Saddleback

Creadion carunculatus rufusater

North Island Saddleback

Stagonopleura oculata

Red-eared Firetail

Emblema bella

Beautiful Firetail

All species of the Family:

Paradisaeidae

Birds-of-Paradise

Part 4Mammals (Mammalia)Subclass 1Egg-laying mammals (Prototheria)

Platypus and echidnas

Monotremata

Zaglossus bruijni

Long-beaked Echidna

Ornithorhynchus anatinus

Platypus

Subclass 2Marsupials (Metatheria)

Carnivorous marsupials

Polyprotondonta

Phascogale tapoatafa

Brush-tailed Phascogale

Dasycercus cristicauda

Mulgara

Dasyurus geoffroii

Western Quoll or Chuditch

Dasyurus maculatus

Tiger Quoll

Sarcophilus harrisii

Tasmanian Devil

Myrmecobius fasciatus

Numbat

Perameles gunnii

Eastern Barred Bandicoot

Macrotis lagotis

Greater Bilby

Herbivorous marsupials

Diprotodonta

Spilocuscus maculatus

Common Spotted Cuscus

Burramys parvus

Mountain Pygmy-possum

Gymnobelideus leadbeateri

Leadbeater’s Possum

Petaurus australis

Yellow-bellied Glider

Petaurus norfolcensis

Squirrel Glider

Potorous longipes

Long-footed Potoroo

Petrogale penicillata

Brush-tailed Rock-wallaby

Petrogale xanthopus

Yellow-footed Rock-wallaby

Lagorchestes hirsutus

Mala

Dendrolagus goodfellowi

Goodfellow’s Tree Kangaroo

Dendrolagus matschiei

Matschie’s Tree Kangaroo

Phascolarctos cinereus

Koala

Subclass 3Placental mammals (Eutheria)

Anteaters and sloths

Edentata

Myrmecophaga tridactyla

Giant Anteater

Choloepus hoffmanni

Hoffman’s Sloth

Bats

Chiroptera

All species except Family Pteropodidae (Fruit Bats)

Monkeys, apes and allies

Primates

All species

Carnivores

Carnivora

All species except those listed in Schedule 1 and Mustela putorius (Domestic Ferret)

Seals, walrus and allies

Pinnipedia

All species

Elephants

Proboscidea

All species

Hoofed mammals—odd-toed

Perissodactyla

All species except those listed in Schedule 1

Hoofed mammals—even-toed

Artiodactyla

All species except those listed in Schedule 1, Lama pacos (Alpaca) and Lama glama (Llama)

Rodents

Rodentia

All species except those listed in Schedule 1

Part 5Hybrids

A hybrid of which one parent is, or both parents are, of a species listed in Parts 1 to 4.

Schedule 3Exemptions—animals used for riding or racing

(Clause 5 (j))

Bos taurus and Bos indicus	Domestic cattle
Camelus dromedarius	Arabian Camel
Canis familiaris	(Domestic Dog), except Canis familiaris dingo (Dingo) and Canis familiaris hallstromi (New Guinea Wild Dog)
Capra hircus	Domestic Goat
Equus caballus and Equus asinus	Domestic Horse, except Equus caballus przewalski (Przewalski’s Horse)
Equus equus x asinus	Domestic Mule

Schedule 4Exemptions—animals displayed at certain agricultural shows and rural areas

(Clause 5 (l) and (m))

Ovis aries	Domestic Sheep
Capra hircus	Domestic Goat
Bos taurus and Bos indicus	Domestic Cattle
Equus caballus	Domestic Horse
Equus asinus	Domestic Donkey
Sus scrofa	Domestic Pig
Canis familiaris	Domestic Dog, but limited to Working Breeds (Farm (Working) Dog)
Lama pacos	Alpaca
Lama glama	Llama
Anas platyrhynchos	Domestic Duck
Anser spp	Domestic Goose
Columba livia	Domestic Pigeon
Gallus gallus	Domestic Chicken
Meleagris gallopavo	Domestic Turkey
Coturnix coturnix	Japanese Quail
Numida meleagris	Helmeted Guineafowl
Phasianus colchicus	Ring-necked Pheasant
Alectoris chukar	Chukar Partridge
Struthio camelus	Ostrich
Cervus dama	Fallow Deer
Cervus timorensis	Rusa Deer
Cervus unicolor	Sambar Deer
Cervus elaphus	Red Deer (Wapiti)
Dromaius novaehollandiae	Emu
Oryctolagus cuniculus	Domestic Rabbit