Fauna Conservation Amendment Regulation (No. 2) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 379 Fauna Conservation Act 1974 FAUNA CONSERVATION AMENDMENT REGULATION (No. 2) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new Parts 8 to 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 8—DECLARATION OF PROCESSED PRODUCTS 49 Declaration of processed products as fauna . . . . . . . . . . . . . . . . . . . . 2 PART 9—MOVEMENT UNDER SECTION 63A OF THE ACT 50 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 51 Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 52 Persons who move protected fauna . . . . . . . . . . . . . . . . . . . . . . . . . . 3 53 Macropods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 54 Crocodiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 55 Emus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 56 Other protected fauna . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Insertion of new Schedule 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 SCHEDULE 8 PROCESSED PRODUCTS DECLARED TO BE FAUNA 5 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2 Fauna Conservation Amendment (No.2) No. 379, 1993 ˙ Short title 1. This regulation may be cited as the Fauna Conservation Amendment Regulation (No. 2) 1993 1 . ˙ Amended regulation 2. The Fauna Conservation Regulation 1989 is amended as set out in this regulation. ˙ Insertion of new Parts 8 and 9 3. After Part 7— insert— ‘PART 8—DECLARATION OF PROCESSED PRODUCTS ˙ ‘Declaration of processed products as fauna ‘49.(1) Processed products that are specified in Column B of Schedule 8 and are made or derived from a carcass or skin of fauna specified in Column A of Schedule 8, are fauna. ‘(2) In Schedule 8— “fauna authority” for a place outside Queensland means the body that is responsible for the administration of legislation for the conservation of fauna in the place; “stuffer” , in relation to a crocodile, means the whole skin prepared or mounted by a taxidermist; “tagged” , in relation to a skin, means tagged under section 40. 1 See s.20A of the Statutory Instruments Act 1992.

3 Fauna Conservation Amendment (No.2) No. 379, 1993 ‘PART 9—MOVEMENT UNDER SECTION 63A OF THE ACT ˙ ‘Definitions ‘50. In this Part— “fauna authority” for a place outside Queensland means the body that is responsible for the administration of legislation for the conservation of fauna in the place; “tagged” , in relation to a skin, means tagged under section 40. ˙ ‘Objective ‘51. The objective of this Part is— (a) to declare, for the purposes of section 63A of the Act, the protected fauna that may be moved— (i) from a place in Queensland to another place in Queensland; and (ii) from a place in Queensland to a place outside Queensland; and (iii) from a place outside Queensland to a place in Queensland; and (b) to specify the persons who, in accordance with a movement authority issued under section 63A of the Act, may move the protected fauna. ˙ ‘Persons who move protected fauna ‘52. For the purposes of this Part, a person does not cease to be a person who moves protected fauna merely because the person engages a carrier. ˙ ‘Macropods ‘53.(1) This section applies to the following macropods—

4 Fauna Conservation Amendment (No.2) No. 379, 1993 (a) eastern grey kangaroos ( Macropus giganteus ); (b) red kangaroos ( Macropus rufus ); (c) wallaroos ( Macropus robustus ); (d) whiptail wallabies ( Macropus parryi ). ‘(2) The holder of a Fauna Dealer’s Licence Class A may move protected fauna consisting of the carcass with the skin removed, flesh or offal of a macropod if the holder acquired the protected fauna either— (a) from a place outside Queensland and— (i) it was packed in accordance with the requirements of the fauna authority in the place outside Queensland; and (ii) its movement from the place outside Queensland was authorised by the fauna authority in the place; or (b) from another holder of a Fauna Dealer’s Licence Class A and it was packed in a way approved by the Director under section 56 of the Act. ‘(3) The holder of a Fauna Dealer’s Licence Class A may move protected fauna consisting of the carcass with the tagged skin attached or the tagged skin of a macropod. ‘(4) The holder of an Open Season Fauna Permit (taking for sale) may move protected fauna consisting of the carcass with the tagged skin attached or the tagged skin of a macropod, but only if the protected fauna is moved from the usual place of residence of the holder, or from another place of storage authorised by the Director under section 30(4)(d) of the Act, to the registered premises of a holder of a Fauna Dealer’s Licence Class A. ˙ ‘Crocodiles ‘54.(1) This section applies to the following crocodiles— (a) saltwater crocodiles ( Crocodylus porosus ); (b) freshwater crocodiles ( Crocodylus johnstoni ). ‘(2) The holder of a Fauna Dealer’s Licence Class A may move protected fauna consisting of the carcass with the skin removed, flesh or offal of a crocodile if the holder acquired the protected fauna either—

5 Fauna Conservation Amendment (No.2) No. 379, 1993 (a) from a place outside Queensland and— (i) it was packed in accordance with the requirements of the fauna authority in the place outside Queensland; and (ii) its movement from the place outside Queensland was authorised by the fauna authority in the place; or (b) from another holder of a Fauna Dealer’s Licence Class A and it was packed in a way approved by the Director under section 56 of the Act. ‘(3) The holder of a Fauna Dealer’s Licence Class A may move protected fauna consisting of the carcass with the tagged skin attached or a tagged skin of a crocodile. ˙ ‘Emus ‘55.(1) This section applies to emus ( Dromaius novaehollandiae ). ‘(2) The holder of a Fauna Dealer’s Licence Class A may move protected fauna consisting of the carcass with the skin removed, flesh or offal of an emu if the holder acquired the protected fauna either— (a) from a place outside Queensland and— (i) it was packed in accordance with the requirements of the fauna authority in the place outside Queensland; and (ii) its movement from the place outside Queensland was authorised by the fauna authority in the place; or (b) from another holder of a Fauna Dealer’s Licence Class A and it was packed in a way approved by the Director under section 56 of the Act. ‘(3) The holder of a Fauna Dealer’s Licence Class A may move protected fauna consisting of the carcass with the tagged skin attached or the tagged skin of an emu. ˙ ‘Other protected fauna ‘56.(1) This section applies to animals that are birds or mammals, but that are not animals to which sections 53 to 55 apply.

6 Fauna Conservation Amendment (No.2) No. 379, 1993 ‘(2) The holder of a Fauna Dealer’s Licence Class A may move protected fauna consisting of the carcass with the tagged skin attached, the tagged skin, the carcass with the skin removed, flesh or offal of an animal to which this section applies if— (a) the holder acquired the protected fauna from a place outside Queensland; and (b) in the case of the carcass with the skin removed, flesh or offal—the protected fauna was packed in accordance with the requirements of the fauna authority in the place outside Queensland; and (c) the movement of the protected fauna from the place outside Queensland was authorised by the fauna authority in the place. ’. ˙ Insertion of new Schedule 8 4. After Schedule 7— insert— ‘SCHEDULE 8 ‘PROCESSED PRODUCTS DECLARED TO BE FAUNA section 49 Column A Fauna Column B Processed products that are fauna Crocodiles 1. A processed product consisting of a carcass with the skin removed, flesh or offal, other than a carcass, flesh or offal that was acquired by a wholesaler either— (a) from a place outside Queensland, if—

7 Fauna Conservation Amendment (No.2) No. 379, 1993 (i) it was packed in accordance with the requirements of the fauna authority in the place; and (ii) its movement from the place outside Queensland was authorised by the fauna authority in the place; and (iii) its movement into Queensland was authorised under section 63A of the Act; and (iv) the wholesaler is the holder of a Fauna Dealer’s Licence Class A; or (b) from the holder of a Fauna Dealer’s Licence Class A, if— (i) it was packed in a way approved by the Director under section 56 of the Act; and (ii) its movement from the premises of the Fauna Dealer’s Licence Class A to the premises of the wholesaler was authorised under section 63A of the Act. 2. The whole or substantially the whole of a fully tanned skin. 3. An egg with the contents removed, unless it bears a mark applied to it under section 40. 4. A carcass, stuffer or skull prepared or mounted by a taxidermist, other than a carcass, stuffer or skull that has been labelled under section 40. Macropods, other than macropods th at a r e p er ma ne nt ly protected fauna 1. A processed product consisting of a carcass with the skin removed, flesh or offal, other than a carcass, flesh or offal that has been processed at—

8 Fauna Conservation Amendment (No.2) No. 379, 1993 (a) the registered premises of a Fauna Dealer Class A if the premises— (i) are licensed under the Act to deal in macropod carcasses; and (ii) may, under the Meat Industry Act 1965 , be used to process macropods; or (b) the place of taking by the holder of an Open Season Fauna Permit (Personal Use) if it is intended for personal use and not for use for commercial purposes; or (c) a place approved by the Director for a purpose specified by the Director under section 30(4)(d) of the Act. 2. Skin while it is being tanned (but not a fully tanned skin). Deer A processed product consisting of a skin or an antler, other than a skin or an antler tagged under section 40. Butterflies, other than butterflies th at a r e p er ma ne nt ly protected fauna A processed product other than a fully mounted butterfly or part of a butterfly that was— (a) mounted by the holder of a Fauna Dealer’s Licence Class D; or (b) lawfully brought into Queensland. Emus 1. A processed product consisting of a carcass with the skin removed, flesh or offal, other than a carcass, flesh or offal that was acquired by a wholesaler either— (a) from a place outside Queensland, if—

9 Fauna Conservation Amendment (No.2) No. 379, 1993 (i) it was packed in accordance with the requirements of the fauna authority in the place; and (ii) its movement from the place outside Queensland was authorised by the fauna authority in the place; and (iii) its movement into Queensland was authorised under section 63A of the Act; and (iv) the wholesaler is the holder of a Fauna Dealer’s Licence Class A; or (b) from the holder of a Fauna Dealer’s Licence Class A, if— (i) it was packed in a way approved by the Director under section 56 of the Act; and (ii) its movement from the premises of the holder of a Fauna Dealer’s Licence Class A to the premises of the wholesaler was authorised under the Act. 2. The whole or substantially the whole of a fully tanned skin. 3. An egg with the contents removed unless it bears a mark applied to it under section 40. 4. A feather plucked or cut by a person from an emu, other than from an emu bred in captivity. 5. Oil or fat, other than oil or fat derived from an emu bred in captivity. Birds, than— other A dried (including freeze dried), skinned or chemically treated bird other than a bird that—

10 Fauna Conservation Amendment (No.2) No. 379, 1993 (a) emus; and (b) birds that are permanently protected fauna (a) has been mounted by the holder of a Fauna Dealer’s Licence Class F and has been tagged under section 40; or (b) has been lawfully moved into Queensland. Pe r m ane nt ly All processed products, however derived. protected fauna Animals that— (a) areprotected fauna; but (b) are not otherwise included in this column A processed product consisting of the whole or substantially the whole of a fully tanned skin, a carcass with the skin removed, flesh or offal, other than a fully tanned skin, carcass, flesh or offal that was acquired by a wholesaler from a place outside Queensland, if— (a) in the case of a carcass with the skin removed, flesh or offal—it was packed in accordance with the requirements of the fauna authority in the place; and (b) its movement from the place outside Queensland was authorised by the fauna authority in the place; and (c) its movement into Queensland was authorised under section 63A of the Act; and (d) the wholesaler is the holder of a Fauna Dealer’s Licence Class A. ’. ˙ Repeals 5. The following orders in council, made under the Act, are repealed— (a) the order published in the Gazette on 1 July 1989 at pages 2228–9;

11 Fauna Conservation Amendment (No.2) No. 379, 1993 (b) the order published in the Gazette on 25 August 1990 at pages 2729–30. ENDNOTES 1. Made by the Governor in Council on 14 October 1993. 2. Notified in the Gazette on 15 October 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Environment and Heritage. The State of Queensland 1993