National Parks and Wildlife (Kangaroo Harvesting) (Additional Species) Variation Regulations 2019 (SA)

South Australia

National Parks and Wildlife (Kangaroo Harvesting) (Additional Species) 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 (Kangaroo Harvesting) Regulations 2018

4            Variation of regulation 3—Interpretation

5            Insertion of regulation 4A

4A          Additional species to which Part 5 Division 4B of Act applies

6            Variation of regulation 9—Sealed tag colours and numbers

7           Substitution of regulation 19

19          Permit holder may only take from land within commercial harvest sub-region

8            Variation of regulation 37—Requirement to attach sealed tag, and record permit number, after taking kangaroo for personal use

Part 1—Preliminary

1—Short title

These regulations may be cited as the National Parks and Wildlife (Kangaroo Harvesting) (Additional Species) Variation Regulations 2019.

2—Commencement

These regulations come into operation on 1 January 2020.

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 (Kangaroo Harvesting) Regulations 2018

4—Variation of regulation 3—Interpretation

1. Regulation 3(1), definition of commercial harvest management region—delete the definition and substitute:

   commercial harvest management region means an area of the State—

   (a)designated by the kangaroo plan of management as a commercial harvest management region for the taking of kangaroos of a common species; and

   (b)divided into commercial harvest sub-regions for which commercial harvest quotas for the taking of such kangaroos may be set under the plan from time to time;

   commercial harvest sub-region means an area of the State (forming part of a commercial harvest management region)—

   (a)that is designated by the kangaroo plan of management as a commercial harvest sub-region; and

   (b)for which a commercial harvest quota for the taking of kangaroos of a common species is currently in force under the plan;

2. Regulation 3(1), definition of common—delete the definition and substitute:

   common, in relation to species of kangaroo, means the following species of kangaroo:

   (a)eastern grey kangaroo—Macropus giganteus;

   (b)euro (wallaroo) (hill kangaroo)—Macropus robustus;

   (c)red kangaroo—Macropus rufus;

   (d)tammar wallaby—Macropus eugenii;

   (e)western grey kangaroo—Macropus fuliginosus;

3. Regulation 3(1)—after the definition of "rendered unusable" insert:

   reserve, in relation to species of kangaroo, means the following species of kangaroo:

   (a)euro (wallaroo) (hill kangaroo)—Macropus robustus;

   (b)red kangaroo—Macropus rufus;

   (c)western grey kangaroo—Macropus fuliginosus melanops;

5—Insertion of regulation 4A

After regulation 4 insert:

4A—Additional species to which Part 5 Division 4B of Act applies

Pursuant to section 60G(3) of the Act, Part 5 Division 4B of the Act is declared to apply to, and in relation to, protected animals of the following species:

(a)eastern grey kangaroo—Macropus giganteus;

(b)tammar wallaby—Macropus eugenii;

(c)western grey kangaroo—Macropus fuliginosus fuliginosus.

6—Variation of regulation 9—Sealed tag colours and numbers

Regulation 9(1)—delete subregulation (1) and substitute:

(1)A commercial use sealed tag—

(a)must be marked with a number; and

(b)must be of the following colour—

(i)if it is to be attached to a red kangaroo—orange;

(ii)if it is to be attached to a western grey kangaroo—white;

(iii)if it is to be attached to a euro—blue;

(iv)if it is to be attached to a kangaroo of a common species other than a species specified above—a colour determined by the Director and notified in the Gazette for that species (not being yellow or a colour specified in, or determined under, this subregulation for kangaroos of another common species).

7—Substitution of regulation 19

Regulation 19—delete the regulation and substitute:

19—Permit holder may only take from land within commercial harvest sub-region

(1)The permit holder may only take a kangaroo pursuant to the permit from land that is within a commercial harvest sub-region for which a commercial harvest quota for that species of kangaroo is currently in force under the kangaroo plan of management.

(2)If land referred to in subregulation (1) is a reserve under the Act, the permit holder may only take a kangaroo from the reserve pursuant to the permit if—

(a)the kangaroo is a kangaroo of a reserve species; and

(b)the plan of management adopted by the Minister for the reserve under section 38 of the Act (the reserve plan of management) provides for the culling of kangaroos of that species from the reserve; and

(c)the kangaroo may be taken without exceeding the number of kangaroos of that species permitted to be culled under the reserve plan of management; and

(d)the kangaroo is taken in accordance with any requirements under the reserve plan of management for the taking of such a kangaroo from the reserve.

8—Variation of regulation 37—Requirement to attach sealed tag, and record permit number, after taking kangaroo for personal use

Regulation 37(1)(b)—delete "property on which" and substitute:

number of the section 53(1)(c) permit pursuant to which

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

on the recommendation of the Minister for Environment and Water and with the advice and consent of the Executive Council

on 7 November 2019

No 240 of 2019