Fauna Conservation Amendment Regulation (No. 3) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 429 Fauna Conservation Act 1974 FAUNA CONSERVATION AMENDMENT REGULATION (No. 3) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amended Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new Parts 6C and 6D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 6C—OPEN SEASON (DEER) 36I Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 36J Open season declared . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 36K Where open season applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 36L Terms, conditions and restrictions for taking, moving and keeping fauna (taking for sale) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 36M Terms, conditions and restrictions for taking, moving and keeping fauna (personal use) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 36N Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 6D—OPEN SEASON (MACROPODS) 36O Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 36P Open season declared . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 36Q Where Eastern Grey Kangaroo open season applies . . . . . . . . . . . . . 7 36R Where Wallaroo open season applies . . . . . . . . . . . . . . . . . . . . . . . . 7 36S Where Whiptail Wallaby open season applies . . . . . . . . . . . . . . . . . 7 36T Where Red Kangaroo open season applies . . . . . . . . . . . . . . . . . . . . 8

2 Fauna Conservation Amendment Regulation (No. 3) No. 429, 1993 36U Terms, conditions and restrictions for taking, moving and keeping fauna . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 36V Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

3 Fauna Conservation Amendment Regulation (No. 3) No. 429, 1993 ˙ Short title 1. This regulation may be cited as the Fauna Conservation Amendment Regulation (No. 3) 1993 . ˙ Commencement 2. This regulation commences on 1 January 1994. ˙ Amended Regulation 3. The Fauna Conservation Regulation 1989 is amended as set out in this regulation. ˙ Insertion of new Parts 6C and 6D 4. After Part 6B— insert— ‘PART 6C—OPEN SEASON (DEER) ˙ ‘Application ‘36I. This Part applies to the following fauna— (a) Red Deer ( Cervus elaphus ); (b) Fallow Deer ( Cervus dama ); (c) Chital Deer ( Cervus axis ). ˙ ‘Open season declared ‘36J. Open seasons are declared under section 29 of the Act— (a) for Red Deer—for the period starting on 12 March 1994 and ending on 25 September 1994; and (b) for Fallow Deer—for the period starting on 12 March 1994 and ending on 25 September 1994; and

4 Fauna Conservation Amendment Regulation (No. 3) No. 429, 1993 (c) for Chital Deer—for the period starting on 1 January 1994 and ending on 31 December 1994. ˙ ‘Where open season applies ‘36K. The open season— (a) for Red Deer applies in the Esk, Crows Nest, Rosalie, Nanango, Kilkivan, Murgon, Kilcoy, Caboolture, Landsborough, Woocoo and Tiaro Fauna Districts; and (b) for Fallow Deer applies in the Stanthorpe Fauna District; and (c) for Chital Deer applies in the Dalrymple Fauna District. ˙ ‘Terms, conditions and restrictions for taking, moving and keeping fauna (taking for sale) ‘36L.(1) The following terms, conditions and restrictions are specified for the taking, moving and keeping of fauna, during an open season declared under this Part, by the holder of an open season fauna permit (taking for sale) (the “holder” )—. (a) to take fauna, the holder must use a ground trap; (b) the holder must not take— (i) if the fauna taken is Red Deer or Fallow Deer—more than 30 specimens; or (ii) if the fauna taken is Chital Deer—more than 100 specimens. ‘(2) The holder must, within 14 days after the end of each month, give the Director a return in a form approved by the Director that includes details of numbers and species of fauna taken during the month. ˙ ‘Terms, conditions and restrictions for taking, moving and keeping fauna (personal use) ‘36M.(1) The following terms, conditions and restrictions are specified for the taking, moving and keeping of fauna, during an open season declared under this Part, by the holder of an open season fauna permit

5 Fauna Conservation Amendment Regulation (No. 3) No. 429, 1993 (personal use) (the “holder” )— (a) to take fauna, the holder must shoot it in a humane way using— (i) a centre-fire rifle with a minimum calibre of 6 mm (0.243 in); or (ii) a muzzle loading rifle with a minimum calibre of 11.45 mm (0.45 in), together with a projectile of a type known as a Minie’ with a minimum weight of 14.91 g (230 grains); or (iii) a long bow having a pull weight of at least 22.5 kg and a minimum draw of 70 cm (or an equivalent compound bow), together with a broad-head arrow having a minimum of 2 sharpened cutting blades; or (iv) a crossbow having a pull weight of 36.5 kg, together with a broad-head arrow having a minimum of 2 sharpened cutting blades; (b) the holder must attach to the skin of the fauna a plastic tag supplied to the holder by the Director by— (i) threading the band of the tag through a strip of skin of the fauna; and (ii) inserting the spearpoint of the tag into the locking head until the tag snaps closed and is securely locked into the skin of the fauna; (c) a tag supplied to the holder— (i) remains the property of the State; and (ii) is not transferable without the written permission of the Director; and (iii may be recalled by the Director at any time; and (iv) if recalled must be delivered to the person named in the notice recalling the tag on or before the time, and at the place, specified by the Director; and (v) must not be attached to fauna by a person other than the holder without the written permission of the Director; and (vi) must not be removed from fauna to which it is attached

6 Fauna Conservation Amendment Regulation (No. 3) No. 429, 1993 without the written permission of the Director; (d) the holder must not, without the written permission of the Director, attach to fauna a tag that has not been given to the holder for the purpose of the permit mentioned in subsection (1); (e) fauna must be taken for the personal use of the holder and not for a commercial purpose; (f) the holder must not take more than 2 specimens of each species of fauna. ‘(2) The holder must, within 14 days after the expiration of the permit, give a return to the Director in the form of the record card attached to the permit. ˙ ‘Repeal ‘36N. The Fauna Conservation (Open Season—Deer) Order 1992 is repealed. ‘PART 6D—OPEN SEASON (MACROPODS) ˙ ‘Application ‘36O. This Part applies to the following fauna— (a) Eastern Grey Kangaroo ( Macropus giganteus ); (b) Wallaroo ( Macropus robustus ); (c) Whiptail Wallaby ( Macropus parryi ); (d) Red Kangaroo ( Macropus rufus ). ˙ ‘Open season declared ‘36P. Open seasons are declared under section 29 of the Act— (a) for Eastern Grey Kangaroo—for the period starting on 1 January

7 Fauna Conservation Amendment Regulation (No. 3) No. 429, 1993 1994 and ending on 31 December 1994; and (b) for Wallaroo—for the period starting on 1 January 1994 and ending on 31 December 1994; and (c) for Whiptail Wallaby—for the period starting on 1 January 1994 and ending on 31 December 1994; and (d) for Red Kangaroo—for the period starting on 1 March 1994 and ending on 31 December 1994. ˙ ‘Where Eastern Grey Kangaroo open season applies ‘36Q. The open season for Eastern Grey Kangaroo applies in all districts other than the Albert, Atherton, Aurukun, Brisbane, Cairns, Caloundra, Charters Towers, Cook, Dalby, Douglas, Eacham, Gladstone, Gold Coast, Goondiwindi, Gympie, Herberton, Hervey Bay, Hinchinbrook, Ipswich, Johnstone, Landsborough, Logan, Mackay, Mareeba, Maroochy, Maryborough, Mornington, Mulgrave, Nebo, Noosa, Pine Rivers, Redcliffe, Redland, Rockhampton, Roma, Thuringowa, Toowoomba, Torres, Townsville, Warwick, Whitsunday, Widgee and Woongarra Fauna Districts. ˙ ‘Where Wallaroo open season applies ‘36R. The open season for Wallaroo applies in all districts other than the Albert, Atherton, Aurukun, Brisbane, Bundaberg, Cairns, Caloundra, Charters Towers, Cook, Dalby, Douglas, Eacham, Gladstone, Gold Coast, Goondiwindi, Gympie, Herberton, Hervey Bay, Ipswich, Johnstone, Landsborough, Logan, Mackay, Mareeba, Maroochy, Maryborough, Mornington, Mulgrave, Noosa, Pine Rivers, Redcliffe, Redland, Rockhampton, Roma, Thuringowa, Toowoomba, Torres, Townsville, Warwick, Whitsunday, Widgee and Woongarra Fauna Districts. ˙ ‘Where Whiptail Wallaby open season applies ‘36S. The open season for Whiptail Wallaby applies in all districts other than the Albert, Atherton, Aurukun, Balonne, Barcaldine, Barcoo, Boulia, Brisbane, Bulloo, Bundaberg, Burdekin, Burke, Cairns, Caloundra,

8 Fauna Conservation Amendment Regulation (No. 3) No. 429, 1993 Cardwell, Carpentaria, Charters Towers, Cloncurry, Cook, Croydon, Dalby, Dalrymple, Diamantina, Douglas, Eacham, Etheridge, Flinders, Gold Coast, Goondiwindi, Gympie, Herberton, Hervey Bay, Hinchinbrook, Ilfracombe, Ipswich, Isisford, Johnstone, Landsborough, Logan, Longreach, Mackay, Mareeba, Maroochy, Maryborough, McKinlay, Mirani, Mornington, Mount Isa, Mulgrave, Noosa, Paroo, Pine Rivers, Pioneer, Quilpie, Redcliffe, Redland, Richmond, Rockhampton, Roma, Sarina, Thuringowa, Toowoomba, Torres, Townsville, Warwick, Whitsunday, Widgee, Winton and Woongarra Fauna Districts. ˙ ‘Where Red Kangaroo open season applies ‘36T. The open season for Red Kangaroo applies in all districts other than the Albert, Allora, Atherton, Aurukun, Banana, Beaudesert, Biggenden, Boonah, Bowen, Brisbane, Broadsound, Bundaberg, Burdekin, Caboolture, Cairns, Calliope, Caloundra, Cambooya, Cardwell, Charters Towers, Clifton, Cook, Crows Nest, Dalby, Douglas, Duaringa, Eacham, Eidsvold, Esk, Fitzroy, Gatton, Gayndah, Gladstone, Glengallan, Gold Coast, Gooburrum, Goondiwindi, Gympie, Herberton, Hervey Bay, Hinchinbrook, Ipswich, Isis, Johnstone, Jondaryan, Kilcoy, Kilkivan, Kingaroy, Kolan, Laidley, Landsborough, Livingstone, Logan, Mackay, Mareeba, Maroochy, Maryborough, Mirani, Miriam Vale, Monto, Moreton, Mornington, Mount Morgan, Mulgrave, Mundubbera, Murgon, Nanango, Nebo, Noosa, Perry, Pine Rivers, Pioneer, Pittsworth, Redcliffe, Redland, Rockhampton, Roma, Rosalie, Sarina, Stanthorpe, Thuringowa, Tiaro, Toowoomba, Torres, Townsville, Wambo, Warwick, Whitsunday, Widgee, Wondai, Woocoo and Woongarra Fauna Districts. ˙ ‘Terms, conditions and restrictions for taking, moving and keeping fauna ‘36U. The following terms, conditions and restrictions are specified for the taking, moving and keeping of fauna, during an open season declared under this Part, by the holder of an open season fauna permit (the “holder” )— (a) the taking of fauna must be carried out as required by the Code of Practice for the Humane Shooting of Kangaroos, as approved by

9 Fauna Conservation Amendment Regulation (No. 3) No. 429, 1993 the Council of Nature Conservation Ministers; (b) the holder must attach tags supplied by the Director to fauna taken; (c) a tag supplied by the Director— (i) remains the property of the State; and (ii) is not transferable without the written permission of the Director; and (iii) may be recalled by the Director at any time; and (iv) if recalled, must be given to the person named in the notice recalling the tag on or before the time, and at the place, specified by the Director; and (v) must not be attached to fauna by a person other than the holder without the written permission of the Director; and (vi) must not be removed from fauna to which it is attached without the written permission of the Director; (d) the holder must not, without the written permission of the Director, attach to fauna a tag that has not been given to the holder for the purpose of the open season fauna permit; (e) on the completion of each night’s shooting or, as appropriate, before leaving the holding on which fauna has been taken, the holder must attach a tag to the fauna by— (i) threading the arrow-tip of the tag through a strip of the skin of the fauna; and (ii) inserting the arrow-tip of the tag into the socket at the other end of the tag and pressing the arrow-tip into the socket until it is securely locked and the tag is securely locked into the skin of the fauna; (f) tags attached under paragraph (e) must be attached in ascending numerical order, with all the fauna of each sex of each species being tagged with consecutive numbers; (g) a tag must be attached— (i) for male fauna—either beside the animal’s penile sheath or

10 Fauna Conservation Amendment Regulation (No. 3) No. 429, 1993 through the animal’s scrotal stalk; or (ii) for female fauna—in the animal’s neck; (h) a holder who takes fauna for sale must ensure that enough of— (i) for male fauna—the penile sheath or scrotal stalk; and (ii) for female fauna—the urogenital opening; to enable the fauna to be sexed, remains securely attached to the tagged skin or carcass of the fauna; (i) a holder who takes fauna for sale may move the fauna only to— (i) the holder’s usual place of residence; or (ii) the registered premises of the holder of a fauna dealer’s licence Class A, for the purpose of sale; or (iii) the depot of— (A) the holder of a permit under the State Transport Act1960 to carry goods; or (B) Queensland Railways; for consignment to the registered premises of the holder of a fauna dealer’s licence Class A; or (iv) a place approved for storage by the Director under paragraph (j); (j) a holder who takes fauna for sale must not store tagged fauna at a place other than the holder’s usual place of residence without the written permission of the Director; (k) all fauna taken by a holder for sale must be sold or otherwise disposed of before 31 December 1994; (l) all fauna taken by a holder for sale must be sold in sequentially tagged lots to a licensed fauna dealer Class A, and must not be dealt with in another way without the written permission of the Director; (m) all fauna taken by a holder for personal use must be used by the holder for personal use and not for a commercial purpose.

11 Fauna Conservation Amendment Regulation (No. 3) No. 429, 1993 ˙ ‘Repeal ‘36V. The Fauna Conservation (Open Season—Macropods) Order 1992 is repealed. ’. ENDNOTES 1. Made by the Governor in Council on 25 November 1993. 2. Notified in the Gazette on 26 November 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Environment and Heritage. The State of Queensland 1993