National Parks and Wildlife (Fees) (Wildlife) Variation Regulations 2019 (SA)

Case

South Australia

National Parks and Wildlife (Fees) (Wildlife) Variation Regulations 2019

under the National Parks and Wildlife Act 1972

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of National Parks and Wildlife (Fees) Regulations 2018

4Variation of Schedule 1—Fees under National Parks and Wildlife Act 1972

Part 4—Fees relating to National Parks and Wildlife (Wildlife) Regulations 2019

4            Interpretation

5Fees relating to National Parks and Wildlife (Wildlife) Regulations 2019

6            Fees for permits

7           Other fees

Part 5—Royalties declared under Act

8            Declaration of royalties

Part 3—Transitional provision

5            Transitional provision

Part 1—Preliminary

1—Short title

These regulations may be cited as the National Parks and Wildlife (Fees) (Wildlife) Variation Regulations 2019.

2—Commencement

These regulations come into operation on 3 May 2019.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of National Parks and Wildlife (Fees) Regulations 2018

4—Variation of Schedule 1—Fees under National Parks and Wildlife Act 1972

Schedule 1, Part 4—delete Part 4 and substitute:

Part 4—Fees relating to National Parks and Wildlife (Wildlife) Regulations 2019

4—Interpretation

In this Part, unless the contrary intention appears—

additional, in relation to premises, means—

(a)premises in addition to single premises; or

(b)premises referred to in regulation 31(1)(b)(ii) or (1)(c)(ii) of the Wildlife Regulations;

endorsement, in relation to a permit, means an endorsement on the permit relating (whether as a limitation, restriction or condition) to the animals, carcasses, eggs, plants or other matters to which the permit applies, or the activities authorised under the permit, but does not include an endorsement that relates to the premises to which the permit applies;

Schedule 6, in relation to an animal, means an animal specified in Schedule 6 of the Wildlife Regulations;

the Wildlife Regulations means the National Parks and Wildlife (Wildlife) Regulations 2019.

5—Fees relating to National Parks and Wildlife (Wildlife) Regulations 2019

The fees specified in clauses 6 and 7 are payable for the purposes of the Act and the National Parks and Wildlife (Wildlife) Regulations 2019.

6—Fees for permits

The following permit fees are payable on application for the permits specified:

Permits

Fees

Fees

(a)

Permits to take native plants under section 49 of the Act

Fee for a period of 1 year

Class A

$100.00

Class B

$100.00

Class C

Nil

Class D

$100.00

(b)

Permits to take, take and release or take, keep and release protected animals under section 53, 53 and 55 or 53, 55 and 58 of the Act

Fee for a period not exceeding 1 year

Permit to Destroy Wildlife (s 53)

Nil

Take Protected Animals from the Wild permit (s 53)

$50.00

plus $150.00 application fee

Trap and Release Protected Animals permit (s 53 and 55)

Nil

Protected Animals Rescue permit (s 53 and 55)

Nil

Fee for a period of 1 year (a period of less than 1 year but more than 6 months will be taken to be 1 year) ending on 30 June

Fee for a period of 6 months or less ending on 30 June

Wildlife Management (Controller) permit (s 53 and 55)

$80.00

$40.00

Wildlife Rehabilitation Facility permit (s 53, 55 and 58)

Nil

Nil

Wildlife Carer permit (s 53, 55 and 58)

Nil

Nil

(c)

Permits to keep, sell or keep and sell protected animals, carcasses or eggs under section 58 of the Act

Fee for a period of 1 year (a period of less than 1 year but more than 6 months will be taken to be 1 year) ending on 30 June

Fee for a period of 6 months or less ending on 30 June

(i) Permits to keep and sell

Class 1 permit

$80.00 per year

$40.00

Class 2 permit (Schedule 6 animals only)

$750.00 per year

$375.00

plus $226.00 per year for each additional premises to which the permit applies

Class 2 permit (Schedule 6 and specialist animals)

$1 200.00 per year

$600.00

plus $226.00 per year for each additional premises to which the permit applies

Class 3 permit

$129.00 per year

$70.00

Class 4 permit

$500.00 per year

$250.00

plus $226.00 per year for each additional premises at which animals to which the permit applies are kept or displayed

Class 5 permit

$300.00 per year

$150.00

plus $226.00 per year for each additional premises at which animals to which the permit applies are normally kept when not temporarily relocated for display

Class 6 permit

$300.00 per year

$150.00

plus $226.00 per year for each additional premises to which the permit applies

Class 7 permit

$2 181.00 per year

$1 197.00

Class 8 permit

$1 088.00 per year

$600.00

Class 11 permit

$37.50 per year

$20.40

(ii) Permits to keep

Class 10 permit

Nil

Nil

Retain Protected Animals Unfit for Release permit

Nil

Nil

(iii) Permits to sell

Class 9 permit

$20.00 per year

$20.00

(d)

Permits to farm protected animals under section 60C of the Act (emus)

Fee for a period of 1 year (a period of less than 1 year but more than 6 months will be taken to be 1 year) ending on 30 June

Fee for a period of 6 months or less ending on 30 June

Class 12 permit

$484.00 per year

$265.00

plus $195.00 per year for each additional premises to which the permit applies

(e)

Permits to harvest protected animals under section 60J of the Act (kangaroos)

Fee for a period of 1 year (a period of less than 1 year but more than 6 months will be taken to be 1 year) ending on 30 June

Fee for a period of 6 months or less ending on 30 June

Class 13 permit

$548.00 per year

$299.00

Class 14 permit

$1 088.00 per year

$599.00

If a fee is payable in respect of additional premises under this clause, only 1 such fee is payable in respect of the premises even if the premises concerned are additional premises for more than 1 purpose under the Wildlife Regulations or a permit.

7—Other fees

(a)

On application for additional record book or return book

$12.00

(b)

On application for additional premises for selling, keeping, displaying, using or farming protected animals, or carrying on a business of dealing in protected animals, pursuant to a permit (not being additional premises already approved or authorised as additional premises under the Wildlife Regulations or a permit) (per additional premises)—

     (i)     in the case of a section 58 permit that is a class 2 or 4 permit

$270.00

    (ii)     in the case of a section 58 permit that is a class 5 or 6 permit

$230.00

    (iii)    in the case of a section 60C permit that is a class 12 permit

$230.00

(unless the additional premises are, in the opinion of the person to whom the application is made, required on a temporary basis only).

If the application is for additional premises for which a yearly fee is payable under clause 6 and is made at the time of application for the permit, this fee is payable instead of the fee that would be payable for the additional premises for the first year of the permit under clause 6.

If a fee is payable in respect of additional premises under this paragraph, only 1 such fee is payable in respect of the premises even if the premises concerned are additional premises for more than 1 purpose under the Wildlife Regulations or a permit.

(c)

On application for a further endorsement on a permit (not being an endorsement currently included on such a permit held by the applicant) (per application)

$20.00

(d)

On application for such a further endorsement on a permit where the permit relates to animal rescue and rehabilitation

Nil

Part 5—Royalties declared under Act

8—Declaration of royalties

For the purposes of the Act royalty in the following amounts is declared to be payable to the Wildlife Conservation Fund on animals of the classes specified:

Animal

Royalty

1.

A protected animal taken in accordance with a notice under section 52 of the Act or pursuant to a permit granted under section 53(1)(a), (b) or (d) of the Act, being—

(a) an animal of an endangered species (Schedule 7 of the Act)

$600.00

(b) an animal of a vulnerable species (Schedule 8 of the Act)

$300.00

(c) an animal of a rare species (Schedule 9 of the Act)

$150.00

(d) an animal of any other species of protected animal

$75.00

2.

A kangaroo taken for personal use pursuant to a permit granted under section 53(1)(c) of the Act

$1.60

3.

A protected animal taken pursuant to a permit granted under section 60C of the Act

Nil

4.

A protected animal taken pursuant to a permit granted under section 60J of the Act

$1.60

Part 3—Transitional provision

5—Transitional provision

  1. The fees prescribed in respect of an application for a permit by Schedule 1 Part 4 of the National Parks and Wildlife (Fees) Regulations 2018, as in force on the commencement of these regulations, apply where the permit is to take effect on or after 1 July 2019.

  2. The fees prescribed in respect of an application for additional premises or a further endorsement on a permit by Schedule 1 Part 4 of the National Parks and Wildlife (Fees) Regulations 2018, as in force on the commencement of these regulations, apply—

    (a)where the permit in respect of which the application is made is to take effect on or after 1 July 2019; or

    (b)the application is made on or after 1 July 2019.

  3. All other fees prescribed by Schedule 1 Part 4 of the National Parks and Wildlife (Fees) Regulations 2018, as in force on the commencement of these regulations, apply from 1 July 2019.

  4. All royalties declared by Schedule 1 Part 5 of the National Parks and Wildlife (Fees) Regulations 2018, as in force on the commencement of these regulations, apply from 1 July 2019.

  5. Despite regulation 4 of these regulations—

    (a)the fees prescribed in respect of an application for a permit by Schedule 1 Part 4 of the National Parks and Wildlife (Fees) Regulations 2018, as in force immediately before the commencement of these regulations, continue to apply where the permit is to take effect before 1 July 2019; and

    (b)the fees prescribed in respect of an application for an approval of premises by Schedule 1 Part 4 of the National Parks and Wildlife (Fees) Regulations 2018, as in force immediately before the commencement of these regulations, continue to apply where the approval is to take effect before 1 July 2019; and

    (c)all other fees prescribed by Schedule 1 Part 4 of the National Parks and Wildlife (Fees) Regulations 2018, as in force immediately before the commencement of these regulations, continue to apply until 1 July 2019; and

    (d)all royalties declared by Schedule 1 Part 4 of the National Parks and Wildlife (Fees) Regulations 2018, as in force immediately before the commencement of these regulations, continue to apply until 1 July 2019.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 2 May 2019

No 37 of 2019

19EWDEWCS0033

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