National Parks and Wildlife (Wildlife) Regulations 2016 (SA)

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South Australia

National Parks and Wildlife (Wildlife) Regulations 2016

under the National Parks and Wildlife Act 1972

1Short title

These regulations may be cited as the National Parks and Wildlife (Wildlife) Regulations 2016.

4Interpretation
  1. (1)

    In these regulations, unless the contrary intention appears—

the Act means the National Parks and Wildlife Act 1972;

commercial harvesting authority has the same meaning as in the National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003;

kangaroo field processor, kangaroo meat processor and kangaroo skin tanner have the same meaning as in the National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003;

personal use of a kangaroo that has been taken has the same meaning as in the National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003;

prescribed fee means the fee prescribed by regulation under the Act;

the record book—see regulation 9(1);

the return book—see regulation 9(3);

section 58 permit means a permit granted under section 58 of the Act;

section 59 permit means a permit granted under section 59 of the Act;

section 60C permit means a permit granted under section 60C of the Act;

section 60J permit means a permit granted under section 60J of the Act;

specialist animal means an animal of a specialist species;

specialist species means a species of protected animal that—

  1. (a)

    is not excluded by proclamation under section 58(4) of the Act; and

  2. (b)

    is not listed in Schedule 6.

  1. (2)

    A reference in these regulations to a class of permit is a reference to a permit of that class described in Schedule 3.

5Application

A warden is not subject to these regulations in relation to the performance of his or her functions or the exercise of his or her powers as a warden and an employee of the Department is not subject to these regulations in relation to the performance of the duties of his or her employment.

6Taking of native plants

A person must, within 14 days after the expiration or revocation of a permit granted to him or her under section 49 of the Act, provide the Director with the following information in writing:

  1. (a)

    the species and number of native plants taken pursuant to the permit; and

  2. (b)

    the date on which they were taken; and

  3. (c)

    the location at which they were taken.

7Release of animals
  1. (1)

    A person must, within 14 days after releasing an animal pursuant to a permit granted under section 55 of the Act, provide the Director with the following information in writing:

    1. (a)

      the species of the animal released; and

    2. (b)

      the date and time of release; and

    3. (c)

      if more than one animal was released at that time—the number of animals of each species released; and

    4. (d)

      the exact location at which each animal was released.

  2. (2)

    The person referred to in subregulation (1) must provide the Director with such further information in writing in relation to the release as the Director requires.

8Information to be provided on application for section 58 or 60C permit

A person must, when applying for a section 58 or section 60C permit, provide the Director with—

  1. (a)

    a written statement setting out—

    1. (i)

      the species of protected animals (if any) and the number of individuals of each species in the applicant's possession; and

    2. (ii)

      the number of carcasses, eggs or skins (if any) of protected animals in the applicant's possession and the species to which those animals belong; and

  2. (b)

    such other information as the Director may require.

9Records and returns in relation to sections 58 and 60C permits
  1. (1)

    The holder of a class 1, 1A, 2, 3, 3A or 12 permit must keep a record of the following information in a book (the record book) supplied by the Director for that purpose:

    1. (a)

      the species of animals, and the number of individuals of each species, acquired or disposed of pursuant to the permit; and

    2. (b)

      the date of acquisition or disposal; and

    3. (c)

      the name and address of, and the number of the permit held by, the person from whom the animals were acquired or to whom the animals were disposed; and

    4. (d)

      the species of animals, and the number of individuals of each species, born to animals kept pursuant to the permit; and

    5. (e)

      the species of animals, and the number of individuals of each species, that have died or escaped while being kept pursuant to the permit; and

    6. (f)

      all other information that must be included in a return by virtue of subregulation (2).

  2. (2)

    The holder of a section 58 permit (other than a class 2 or class 10 permit) or a section 60C permit must at the times indicated in Schedule 5 provide the Director with a return that has been signed by the holder of the permit and that sets out the information required by Schedule 4.

  3. (3)

    The permit holder must use a return supplied by the Director for that purpose (whether supplied individually or bound in the form of a book (the return book)) and a copy of each return must be kept by the permit holder.

  4. (4)

    The holder of a class 2 permit must submit the record book, or a copy of the record book, to the Director within 14 days after 30 September, 31 December, 31 March and 30 June in each year.

  5. (5)

    The record book must be kept in a safe and secure place at the place at which the animals to which the records relate are kept and, if the permit holder keeps animals at more than 1 place, separate records must be kept at each place at which animals are kept.

  6. (6)

    Submission of a record book to the Director by the holder of a class 2 permit under subregulation (4) will not be taken to be in breach of subregulation (5).

  7. (7)

    Copies of returns must be kept in a safe and secure place—

    1. (a)

      in the case of a class 1, 1A, 3, 3A or 12 permit—at the principal place at which animals to which the returns relate are kept; and

    2. (b)

      in the case of a class 11 permit—at the permit holder's principal place of residence; and

    3. (c)

      in the case of a class 7 or 8 permit—at the principal place at which the permit holder carries on the business of processing or tanning.

  8. (8)

    Where a transaction or event occurs in respect of which an entry must be made in the record book or in a return, the entry must be made within 48 hours after the occurrence of that transaction or event.

  9. (9)

    A permit holder must notify the Director of any loss of, or damage to, the record book or copies of returns within 7 days after becoming aware of that loss or damage.

  10. (10)

    A person who has the custody or control of the record book or copies of returns (including a person who has custody or control as agent or employee of the permit holder) must, if requested by a warden, produce the book or copies for inspection by the warden.

  11. (11)

    A permit holder who is charged with an offence against the Act or these regulations must, at the request of the Director or a warden, produce to the court that hears the charge any record book, return book or individual return under his or her custody or control that is, in the opinion of the Director or warden, relevant to the charge.

  12. (13)

    Subject to this regulation, a person must not sell or give an animal pursuant to a class 1 or 3 permit unless—

    1. (a)

      the animal was bred by the permit holder; or

    2. (b)

      the animal has been in the possession of the permit holder for at least 6 months.

  13. (14)

    Subject to this regulation, a person must not sell an animal pursuant to a class 2 permit unless the animal has been in the possession of the permit holder for at least 7 days.

  14. (15)

    An animal may be sold or given in contravention of subregulation (13) or sold in contravention of subregulation (14) with the approval of the Director or a warden.

  15. (16)

    A reference in this regulation to a warden does not include a warden who is a member of the police force.

  16. (17)

    The Director may, on such conditions as the Director thinks fit, exempt a person from compliance with any provision of this regulation.

9ADirector to supply record books, returns etc
  1. (1)

    Where a person, as a consequence of the grant of a permit, is required by or under the Act to record information in a record book, return book or return supplied by the Director, the Director must supply the necessary book or individual return forms (as appropriate) to that person on the grant of the permit.

  2. (2)

    If further books are required by the permit holder as the result of the loss of those provided or because animals are required to be kept in more than 1 place, the Director may require the payment of the prescribed fee for the supply of each additional book.

9BElectronic form of record books, returns etc

Where a person is required by these regulations to record information in a record book, return book or return, and the Director authorises the book or return to be kept in electronic form or provided to the Director by means of an electronic communication—

  1. (a)

    a reference in these regulations to a record book, return book or return includes a reference to the book or return in that electronic form; and

  2. (b)

    a reference in these regulations to the provision or submission of a record book, return book or return to the Director includes a reference to provision or submission by means of that authorised electronic communication; and

  3. (c)

    a reference in these regulations to the supply by the Director of a record book, return book or return includes a reference to the supply by the Director of a template or other structure for that electronic form of the book or return; and

  4. (d)

    a reference in these regulations to the production of a record book, return book or return at the request of a warden, or to a court at the request of the Director or a warden, means production in the form (electronic or printed) requested.

10Class 2 permits
  1. (1)

    A person must not carry on the business of a dealer in protected animals or the carcasses or eggs of protected animals except at premises approved by the Director.

  2. (2)

    An application for the Director's approval—

    1. (a)

      must be in a form approved by the Director; and

    2. (b)

      must be accompanied by such information as the Director requires; and

    3. (c)

      must be accompanied by the prescribed fee.

  3. (3)

    The holder of a class 2 permit must display at all premises at which he or she carries on the business of a dealer in protected animals a certificate signed by or on behalf of the Director to the effect that the dealer is the holder of a class 2 permit.

  4. (4)

    The certificate may include such further information as the Director thinks fit.

11Premises from which animals are sold
  1. (1)

    A person must not sell an animal pursuant to a section 58 permit unless—

    1. (a)

      in the case of a class 2 permit—the premises from which the animal is sold have been approved by the Director pursuant to these regulations;

    2. (b)

      in any other case—the premises from which the animal is sold—

      1. (i)

        are the premises at which the animal was kept pursuant to the permit or any other permit; or

      2. (ii)

        are premises approved by the Director for the purposes of sale.

  2. (2)

    The premises from which a protected animal is sold (whether pursuant to a permit or not) must afford protection to the animal from weather conditions that would be likely to cause distress to the animal.

12Advertisement to include permit number

Where section 58 of the Act requires that the sale of a protected animal be authorised by a permit granted under that section, a person who advertises the animal for sale must state in the advertisement the number of the permit that authorises the sale.

13Purchase etc only from permit holder
  1. (1)

    A person must not purchase a protected animal or the carcass or eggs of a protected animal or receive a protected animal or the carcass or eggs of a protected animal as a gift from a person who is required by the Act to hold a permit authorising the sale or gift if that person—

    1. (a)

      does not hold the required permit; or

    2. (b)

      does not hold any additional written authorisation from the Director for the sale or gift that he or she is required to hold as a condition of the permit.

  2. (2)

    A person who sells or gives a protected animal or the carcass or eggs of a protected animal pursuant to a section 58 permit must, if requested by the prospective purchaser or donee, produce the permit (and any other document that he or she is required to hold under subregulation (1)) for inspection.

14Labelling containers of protected animals, carcasses or eggs
  1. (1)

    Where a protected animal or the carcass or egg of a protected animal is consigned or conveyed from the premises at which the animal is or was kept pursuant to a section 58 permit, the holder of the permit must ensure that the receptacle or container containing the animal, carcass or egg has securely attached to it a label clearly displaying the following information:

    1. (a)

      the permit holder's name and residential or business address; and

    2. (b)

      the number of the permit; and

    3. (c)

      the name and address of the person to whom the animal, carcass or egg is being consigned or conveyed and, if that person also holds a section 58 permit, the number of that permit.

  2. (2)

    A person must not knowingly transport a protected animal or the carcass or egg of a protected animal from premises at which the animal is or has been kept pursuant to a section 58 permit unless a label is attached to the receptacle or package containing the animal, carcass or egg in accordance with this regulation.

15Dealing in juvenile birds or mammals
  1. (1)

    Subject to this regulation, a person must not sell a bird or mammal that is a protected animal or is of a species listed in Schedule 10 of the Act if—

    1. (a)

      in the case of a bird—the bird is too young to fly or to feed itself; or

    2. (b)

      in the case of a mammal—the mammal is unweaned.

  2. (2)

    Subregulation (1) does not apply—

    1. (a)

      to the sale of an emu pursuant to a section 60C permit; or

    2. (b)

      if the sale is made pursuant to a permit granted under the Act that expressly authorises the sale of such a young bird or unweaned mammal.

16Importing protected animals, carcasses and eggs
  1. (1)

    A person who intends importing a protected animal or the carcass or egg of a protected animal must—

    1. (a)

      at least 48 hours before importation give the Director notice in writing stating—

      1. (i)

        the species of the animal which is, or the carcass or egg of which is, to be imported; and

      2. (ii)

        the name and address of the person who had possession of the animal, carcass or egg before importation and the name and address of the person who will have possession of the animal, carcass or egg after importation; and

      3. (iii)

        the manner of importation; and

      4. (iv)

        the time and place of importation; and

    2. (b)

      if the proposed importation does not proceed—inform the Director of that fact within 48 hours after he or she first becomes aware that it will not proceed; and

    3. (c)

      if the importation does proceed but 1 or more of the particulars of the importation differ from those stated under paragraph (a)—inform the Director of the variation within 48 hours after the importation takes place.

  2. (2)

    A person who imports a protected animal or the carcass or egg of a protected animal pursuant to a section 59 permit must not dispose of the animal, carcass or egg for 7 days after importation without the written authority of the Director or a warden.

  3. (3)

    The reference in subregulation (2) to a warden does not include a warden who is a member of the police force.

17Exporting protected animals, carcasses and eggs
  1. (1)

    A person who exports an animal or the carcass or egg of an animal pursuant to a section 59 permit must ensure that—

    1. (a)

      the original permit; or

    2. (b)

      in the case of a class 2 permit—a photocopy of the original permit; or

    3. (c)

      in the circumstances prescribed by subregulation (2)—a facsimile of the original permit transmitted to the person by the Minister,

is securely attached in a conspicuous position to the receptacle or package containing the protected animal, carcass or egg.

  1. (2)

    If a facsimile referred to in subregulation (1) can be read without difficulty, it may be used instead of the original permit by a person who is the holder of a class 1, 1A, 2, 3, 3A, 7, 8 or 12 permit in relation to the animal, carcass or egg being exported.

  2. (3)

    A person must not knowingly transport for export a protected animal or the carcass or egg of a protected animal unless a permit to export, or a facsimile of such a permit, is attached to the receptacle or package containing the animal, carcass or egg in accordance with this regulation.

18Standards for keeping protected animals
  1. (1)

    A person who keeps a protected animal must—

    1. (a)

      keep the animal in a cage or enclosure that is adequate in size and is constructed and maintained so as to—

      1. (i)

        provide adequate shelter in all circumstances; and

      2. (ii)

        prevent the animal from escaping; and

      3. (iii)

        protect the animal against predators; and

      4. (iv)

        enable the cage or enclosure to be locked or otherwise secured against intruders; and

      5. (v)

        as far as is practicable, facilitate the inspection of the animal by a warden under the Act; and

    2. (b)

      ensure that the cage or enclosure in which the animal is kept—

      1. (i)

        is maintained in a clean and sanitary condition; and

      2. (ii)

        except when the person is present—is securely locked or otherwise secured against intruders; and

    3. (c)

      keep an adequate supply of clean water in the cage or enclosure; and

    4. (d)

      provide sufficient and appropriate food in the cage or enclosure; and

    5. (e)

      not keep the animal with another animal that is likely to injure or kill it; and

    6. (f)

      protect the animal from weather conditions that would be likely to cause it distress; and

    7. (fa)

      provide the animal with adequate heat or ultra-violet light from an artificial source if the animal is of a species that requires such heat or light for its well-being; and

    8. (g)

      not permit the animal to suffer distress from any other cause that can reasonably be avoided; and

    9. (h)

      produce the animal for inspection at the request of a warden.

  2. (2)

    If, in the opinion of a warden, a person is contravening or is failing to comply with a requirement of subregulation (1) in relation to an animal, the warden may remove the animal from that person's possession or control.

  3. (3)

    A warden is not bound to return an animal removed under subregulation (2) unless the warden is satisfied that there will not be a further contravention of, or non-compliance with, subregulation (1) in relation to that animal.

19Cross-breeding

A person must not, without the approval of the Director, permit a protected animal to mate with an animal of another species or sub-species if conception and a live birth may result from the union.

20Conditions of emu farming permits
  1. (1)

    A class 12 permit is subject to the following conditions in addition to any conditions imposed by the Act or the Minister:

    1. (a)

      that the holder of the permit must not acquire an emu, or the egg of an emu, in the course of carrying on the business of farming emus, from a person who does not hold a class 12 permit; and

    2. (b)

      that the holder of the permit must not sell a live emu to a person who does not hold a class 12 permit; and

    3. (c)

      that the holder of the permit must comply with the requirements of the emu code of management (see subregulation (4)) relating to fencing, gates and emu handling facilities and must maintain fences, gates and handling facilities in accordance with those requirements in a proper state of repair; and

    4. (d)

      that the holder of the permit must not send an emu for slaughter to an abattoir or slaughterhouse unless—

      1. (i)

        the abattoir or slaughterhouse has been approved for that purpose by the Director; and

      2. (ii)

        the holder of the permit has been issued with a sealed tag in relation to the emu by the Director; and

      3. (iii)

        the permit holder has taken all reasonable steps to ensure that the tag is delivered to the person in charge of the abattoir or slaughterhouse when the emu is delivered; and

    5. (e)

      that the holder of the permit must not slaughter an emu, or cause an emu to be slaughtered, on his or her property without the written approval of the Director; and

    6. (f)

      that the holder of the permit must, if an emu is slaughtered or dies in any other manner on his or her property, attach a sealed tag (issued to the permit holder by the Director) to the skin of the emu in the manner provided by these regulations before the skin leaves the property; and

    7. (g)

      that the holder of the permit must comply with regulation 21 insofar as that regulation is applicable to him or her.

  2. (2)

    The Director may, by written notice given to a permit holder, waive compliance by the permit holder with a condition referred to in subregulation (1).

  1. (4)

    In subregulation (1)—

emu code of management means the code of management for the time being adopted under section 60D of the Act in relation to emu farming.

21Sealed tags for emus
  1. (1)

    The Director may issue sealed tags for attachment to the skins of emus in accordance with these regulations.

  2. (2)

    A person must not sell or supply a sealed tag to another person except in accordance with these regulations or, in the case of a tag attached to an emu skin, when selling or supplying the skin to another person.

  3. (3)

    The person in charge of an abattoir or slaughterhouse at which an emu is slaughtered must ensure that a sealed tag issued by the Director for that purpose is attached to the skin of the emu in the manner provided by these regulations.

  4. (4)

    A person must not remove, or attempt to remove, a sealed tag from the skin of an emu unless—

    1. (a)

      the person carries on the business of tanning or dealing in skins pursuant to a class 8 permit and removes, or attempts to remove, the tag in the course of carrying on that business; or

    2. (b)

      the person is authorised in writing to do so by the Director.

  5. (5)

    When a sealed tag is removed from an emu skin, it must be removed with sufficient care to ensure that letters, numbers or other identifying marks on, or forming part of, the tag are preserved.

  6. (6)

    Tags must be kept for at least 12 months after removal unless the Director authorises their earlier destruction or disposal and must be produced for inspection by a warden on request.

  7. (7)

    A person who has possession of a sealed tag that has not yet been attached to the skin of an emu or that has been removed from an emu skin and is being kept in accordance with subregulation (6) must keep it in a place that is secure against theft, loss and damage but if the tag is stolen, lost or damaged the person must inform the Director in writing of the identity of the tag as soon as practicable.

  8. (8)

    A sealed tag must be attached to the skin of an emu by enclosing at least 2 centimetres of skin in the tag and pulling the strap of the tag so that the tag is secured by the last notch in the strap.

  9. (9)

    A person must not alter or damage a sealed tag—

    1. (a)

      that has not been attached to a skin; or

    2. (b)

      that has been attached to a skin but has not been removed from the skin; or

    3. (c)

      that has been removed from a skin but which must be kept in accordance with these regulations.

23Notification of change of address

A person to whom a permit has been granted under the Act and who changes his or her address during the period that the permit remains in force must, within 14 days after changing his or her address, notify the Director of the new address.

24Permit not to be used by another

A person to whom a permit has been granted under the Act must not allow or permit that permit to be used by any other person.

25General offence

A person who contravenes or fails to comply with a provision of these regulations is guilty of an offence.

Maximum penalty: $1 000.

Expiation fee: $150.

Schedule 2—Form of section 53(4) report

A person to whom a permit to take protected animals or the eggs of protected animals has been granted under section 53 of the Act must, within 14 days after the expiration or revocation of the permit, deliver to the Minister a report in the following form:

 

Report on taking protected animals or eggs

The Director,

National Parks and Wildlife,

GPO Box 1047, Adelaide,

SA 5001

Permit number:

Name of permit holder:

Address:

Summary of animals taken

Species

Number (indicate sex)

Date taken

Property from which taken

Date:

Signature:

If the permit authorises the taking of protected animals and no protected animal was taken pursuant to the permit, the report must state that fact.

Summary of eggs taken

Species

Number

Date taken

Property from which taken

Date:

Signature:

If the permit authorises the taking of eggs of protected animals and no eggs were taken pursuant to the permit, the report must state that fact.

Schedule 3—Classes of permits

1—Reference to classes of permits

Permits described in the left hand column of the table in clause 2 will be referred to as permits of the class specified in the right hand column opposite that description.

2—Classes of permits

Permits issued under section 58, 60C or 60J of the Act:

 

Description

Class

A section 58 permit that entitles the holder (being a person who does not carry on the business of dealing in protected animals) to keep 2 or more of the animals of the species listed in Schedule 6 or to sell or give 1 or more of the animals of the species listed in Schedule 6

Class 1

A section 58 permit that entitles the holder (being a person who does not carry on the business of dealing in protected animals) to keep 2 or more of the animals of the species listed in Schedule 6 that have been rescued as sick, injured or orphaned animals and, if authorised in writing by the Director, to give 1 or more of the animals

Class 1A

A section 58 permit that entitles the holder in the course of carrying on the business of dealing in protected animals to keep and sell—

  1. (a)

    animals of the species listed in Schedule 6; and

  2. (b)

    specialist animals identified in the permit by reference to the species or other class to which they belong

Class 2

A section 58 permit that entitles the holder (being a person who does not carry on the business of dealing in protected animals) to keep, sell or give specialist animals identified in the permit by reference to the species or other class to which they belong

Class 3

A section 58 permit that entitles the holder (being a person who does not carry on the business of dealing in protected animals) to keep specialist animals identified in the permit by reference to the species or other class to which they belong that have been rescued as sick, injured or orphaned animals and, if authorised in writing by the Director, to give the animals

Class 3A

A section 58 permit that entitles the holder to sell carcasses and parts of carcasses of kangaroos after processing

Class 7

A section 58 permit that entitles the holder to sell skins of kangaroos or any other protected animal after tanning

Class 8

A section 58 permit that entitles the holder to have possession or control of eggs of a protected animal

Class 10

A section 58 permit that entitles the holder to have possession or control of, and to sell or give, eggs of a protected animal

Class 11

A section 60C permit that entitles the holder (subject to any limitations, restrictions or conditions)—

  1. (a)

    to take an emu, or the eggs of an emu, from the wild or to slaughter or destroy in any other manner an emu in captivity; or

  2. (b)

    to keep an emu or to have possession or control of the eggs of an emu; or

  3. (c)

    to sell an emu or the carcass or eggs of an emu,

in the course of carrying on the business of farming emus

Class 12

A section 60J permit that entitles the holder (subject to any limitations, restrictions or conditions) to harvest kangaroos on land owned by the holder, or by a member of the family or the employer of the holder, and to sell or use the carcasses of the kangaroos that have been harvested

Class 13

A section 60J permit that entitles the holder (subject to any limitations, restrictions or conditions) to harvest kangaroos on land other than (or in addition to) land owned by the holder, or by a member of the family or the employer of the holder, and to sell or use the carcasses of the kangaroos that have been harvested

Class 14

Schedule 4—Information required in returns provided under regulation 9(2)

 

Class of permit

Information required

1 and 3

Period of return

Name and address

Permit number

Date of return

Common name of species

Species code

Stock at beginning of period

Breeding results

Imports

Purchases (including gifts and other sources)

Escapes and deaths

Sales

Exports

Other disposals

Stock on hand

1A and 3A

Period of return

Name and address

Permit number

Date of return

Common name of species

Species code

Stock at beginning of period

Breeding results

Imports

Receipts (including gifts and other sources)

Escapes and deaths

Exports

Other disposals

Stock on hand

7

(Kangaroo meat processor)

Month and year to which return relates

Kangaroo meat processor's permit number

Name of meat processor

Address of processing works

Date of purchases

Kangaroo field processor's/supplier's permit number

Name of field processor/supplier

Property where kangaroos taken

Commercial harvesting authority number

Number of red kangaroo carcasses

Number of western grey kangaroo carcasses

Number of euro carcasses

Total weight (kg) for kangaroos received

Date received for any imports

Import permit number

Name of supplier

Description of imported goods

Quantity imported (kg)

Date any exports dispatched

Export permit number

Name of recipient

Quantity exported (kg)

Date dispatched for local sales (skins, carcasses)

Recipient's name

Recipient's permit number

Description of goods (skins, carcasses) sold locally

Quantity sold (kg)

8

(Kangaroo skin tanner)

Month and year to which return relates

Kangaroo skin tanner's permit number

Name of tanner

Address of tannery

Date of purchases

Supplier's name

Supplier's permit number

Number of kangaroo skins

Date received for any imports

Import permit number

Date of sales

Recipient's name and address

Export permit number

12

Permit number

Name of the permit holder

Address of the permit holder

Location of farming property

Date of the return

Stock at the beginning of the period

Escapes and deaths

Sales for slaughter or live trade

Stock on hand

Schedule 5—Times for provision of returns in relation to sections 58 and 60C permits

Returns must be provided to the Director under regulation 9(2) within 14 days after the days set out below:

 

Class of permit

Day

Classes 1 and 1A

30 June

Classes 3 and 3A

28 February, 30 June

Classes 7 and 8

the last day of each month

Class 11

30 June

Class 12

30 June

Schedule 6—Prescribed species for purposes of section 58(1)(a) of the Act

This Schedule is a list of species prescribed for the purposes of section 58(1)(a) of the Act.

 

Species code

Common name

Zoological name

Mammals

M1262

Agile Wallaby

Macropus agilis

U1274

Antilopine Wallaroo

Macropus antilopinus

Y1260

Black-striped Wallaby

Macropus dorsalis

K1181

Brush-tailed Bettong

Bettongia penicillata

C1129

Common Ringtail Possum

Pseudocheirus peregrinus

U1266

Common Wallaroo

Macropus robustus

M1246

Dama Wallaby

Macropus eugenii

S1265

Eastern Grey Kangaroo

Macropus giganteus

A1072

Fat-tailed Dunnart

Smithopsis crassicaudata

Z1263

Kangaroo Island Kangaroo

Macropus fuliginosus fuliginosus

Z1175

Long-nosed Potoroo

Potorous tridactylus

Y1480

Mitchell's Hopping Mouse

Notomys mitchelli

K1245

Parma Wallaby

Macropus parma

W1275

Red Kangaroo

Macropus rufus

G1235

Red-bellied Pademelon

Thylogale billardierii

E1234

Red-legged Pademelon

Thylogale stigmatica

Y1236

Red-necked Pademelon

Thylogale thetis

K1261

Red-necked Wallaby

Macropus rufogriseus

W1187

Rufus Bettong

Aepyrymnus rufescens

C1137

Squirrel Glider

Petaurus norfolcensis

E1138

Sugar Glider

Petaurus breviceps

E1242

Swamp Wallaby

Wallabia bicolor

M1182

Tasmanian Bettong

Bettongia gaimardi

Z1467

Western Chestnut Mouse

Pseudomys nanus

Z1263

Western Grey Kangaroo

Macropus fuliginosus

Birds

G0283

Adelaide Rosella

Platycerus elegans adelaidae

C0281

Australian King Parrot

Alisterus scapularis

G0291

Australian Ringneck

Barnardius zonarius barnardi

G0207

Australian Shelduck

Tadorna tadornoides

G0135

Banded Plover

Vanellus tricolor

Y0208

Black Duck

Anas superciliosa

A0424

Black Faced Cuckoo-shrike

Coracina novaehollandiae

W0203

Black Swan

Cygnus atratus

S0017

Black-breasted Button Quail

Turnix melanogaster

G0055

Black-tailed Native Hen

Gallinula ventralis

Z0667

Black-throated Finch (Diggles)

Poephila cincta atropgialis

Z0667

Black-throated Finch (Parsons)

Poephila cincta cincta

M8010

Blue-cheeked Rosella

Platycercus adscitus amathusia

M0306

Blue-winged Parrot

Neophema chrysostoma

M0242

Boobook Owl

Ninox novaeseelandiae

C0029

Brown Cuckoo-dove

Macropygia amboinensis

G0011

Brown Quail

Coturnix australis

W0035

Brush Bronzewing

Phaps elegans

E0206

Burdekin Duck

Tadorna radjah

M0198

Cape Barren Goose

Cereopsis novaehollandiae

U0210

Chestnut Teal

Anas castanea

Y0292

Cloncurry Parrot

Barnardius barnardi macgillivrayi

Y0664

Crimson Finch

Neochmia phaeton

E0282

Crimson Rosella

Platycercus elegans

A0652

Diamond Firetail

Stagonopleura guttata

Q0288

Eastern Rosella

Platycercus eximius

K8029

Eclectus Parrot

Eclectus roratus macgilivrayi

C0001

Emu

Dromaius novaehollandiae

A0036

Flock Pigeon

Phaps histrionica

A0300

Golden-shouldered Parrot

Psephotus chrysopterygius

K0285

Green Rosella

Platycercus caledonicus

W0211

Grey Teal

Anas gracilis

G0215

Hard head Duck

Aythya australis

C0301

Hooded Parrot

Psephotus dissimilis

M0322

Laughing Kookaburra

Dacelo novaeguineae

U0018

Little Button Quail

Turnix velox

Q0260

Little Lorikeet

Glossopsitta pusilla

Z0199

Magpie Goose

Anseranas semipalmata

U0270

Major Mitchell's Cockatoo

Cacatua leadbeateri

S0669

Masked Finch

Poephila personata

C0133

Masked Lapwing

Vanellus miles

Q0296

Mulga Parrot

Psephotus varius

Z0287

Northern Rosella

Platycercus venustus

M0014

Painted Button-quail

Turnix varia

M0286

Pale-headed Rosella

Platycercus adscitus

Q0040

Partridge Pigeon

Geophaps smithii

Z0659

Pictorella Mannikin

Heteromunia pectoralis

C0205

Plumed Whistling-Duck

Dendrocygna eytoni

C0661

Plum-headed Finch

Neochmia modesta

M0294

Port Lincoln Parrot

Barnardius zonarius myrtae

G0259

Purple-crowned Lorikeet

Glossopsitta porphyrocephala

K0013

Red-backed Button-quail

Turnix maculosa

E0662

Red-browed Finch

Neochmia temporalis

E0290

Red-capped Parrot

Purpureicephalus spurius

W0019

Red-chested Button-quail

Turnix pyrrhothorax

M8002

Red-vented Blue Bonnet

Northiella haematogaster haematorrhous

A0280

Red-winged Parrot

Aprosmictus erythropterus

M0278

Regent Parrot

Polytelis anthopeplus

Q0308

Rock Parrot

Neophema petrophila

U0042

Spinifex Pigeon

Geophaps plumifera

C0133

Spur-winged Plover

Vanellus miles novaehollandiae

G0039

Squatter Pigeon

Geophaps scripta

S0529

Superb Blue Wren

Malurus cyaneus cyaneus

K0277

Superb Parrot

Polytelis swainsonii

K0313

Tawny Frogmouth

Podargus strigoides

U0026

Torres Strait Pigeon

Ducula bicolor

C0257

Varied Lorikeet

Psitteuteles versicolor

A0204

Wandering Whistling-Duck

Dendrocygna arcuata

S0289

Western Rosella

Platycercus icterotis

S0669

White eared Masked Finch

Poephila personata leucotis

A0028

White-headed Pigeon

Columba leucomela

A0044

Wonga Pigeon

Leucosarcia melanoleuca

U0202

Wood Duck

Chenonetta jubata

Y0284

Yellow Rosella

Platycercus elegans flaveolus

M0658

Yellow-rumped Mannikin

Lonchura flaviprymna

S0297

Yellow-vented Blue Bonnet

Northiella haematogaster haematogaster

Reptiles

S2161

Adelaide Snake-lizard

Delma molleri

Y2028

Australian Snapping Turtle

Elseya dentata

K2109

Beaded Gecko

Diplodactylus damaeus

S2137

Beaked Gecko

Rhynchoedura ornata

K2425

Black Rock Skink

Egernia saxatilis

G2775

Black soil bearded Dragon

Pogona brevis

Q2612

Black-headed Python

Aspidites melanocephalus

M2283

Black-tailed Monitor

Varanus tristis

U2578

Blotched Blue-tongued Lizard

Tiliqua nigrolutea

S2129

Broad tailed Gecko

Phyllurus platurus

U2438

Broad-banded Sand Swimmer

Eremiascincus richardsonii

A2016

Broad-shelled River Turtle

Chelodina expansa

U2630

Brown Tree Snake

Boiga irregularis

U2170

Burton's Legless Lizard

Lialis burtonis

Q04212

Western Australian Carpet Python

Morelia spilota imbricata

C2625

Carpet Python

Morelia spilota

Q2196

Central Netted Dragon

Ctenophorus nuchalis

S2577

Centralian Blue-tongued Lizard

Tiliqua multifasciata

W2623

Centralian Python

Morelia bredli

G2619

Children's Python

Antaresia childreni

E2174

Common Scaly-foot

Pygopus lepidopodus

C2633

Common Tree Snake

Dendrelaphis punctualata

A2180

Crested Dragon

Ctenophorus cristatus

Y2408

Cunningham's Skink

Egernia cunninghamii

C2413

Desert Skink

Egernia inornata

S04213

Diamond Python

Morelia spilota spilota

K2177

Eastern Bearded Dragon

Pogona barbata

U2374

Eastern Desert Ctenotus

Ctenotus regius

W2375

Eastern Striped Skink

Ctenotus robustus

A2252

Eastern Water Dragon

Physignathus lesueurii

K2257

Eyrean Earless Dragon

Tympanocryptis tetraporophora

M2054

Fat-tailed Gecko

Diplodactylus conspicillatus

Z2135

Giant Cave Gecko

Pseudothecadactylus lindneri

Z2427

Gidgee Skink

Egernia stokesii

E2246

Gilbert's Dragon

Amphibolurus gilberti

W2287

Heath Goanna

Varanus rosenbergi

G2175

Hooded Scaly-foot

Pygopus nigriceps

A2412

Hosmer's Skink

Egernia hosmeri

Y2204

Inland Bearded Dragon

Pogona vitticeps

M2194

Jacky Dragon

Amphibolurus muricatus

Z2055

Jewelled Gecko

Strophurus elderi

E2414

King's Skink

Egernia kingii

C2033

Krefft's River Turtle

Emydura krefftii

K2417

Land Mullet

Egernia major

G2255

Lined Earless Dragon

Tympanocryptis lineata

G2247

Long-nosed Water Dragon

Amphibolurus longirostris

W2411

Major Skink

Egernia frerei

K2185

Mallee Dragon

Ctenphorus fordi

Z2267

Marbled velvet Gecko

Oedura marmorata

M2418

Masked Rock Skink

Egernia margaretae

U2666

Masters' Snake

Drysdalia masterii

G2273

Merten's Water Monitor

Varanus mertensi

K2187

Military Dragon

Ctenphorus isolepis

S2437

Narrow-banded Sand Swimmer

Eremiascincus fasciolatus

K2053

North Spiny-tailed Gecko

Strophurus ciliaris

C2085

Northern Dtella

Gehyra australis

Q2128

Northern Leaf tailed Gecko

Saltuarius cornutus

Q2020

Northern Snake-necked Turtle

Chelodina rugosa

G2019

Oblong River Turtle

Chelodina oblonga

W2463

Ocellated Skink

Niveoscincus ocellatus

S2621

Olive Python

Liasis olivaceus

W2199

Painted Dragon

Ctenphorus pictus

W2111

Pale Knob Tailed Gecko

Nephrurus laevissimus

Y2184

Peninsula Dragon

Ctenophorus fionni

Y2052

Pink-blotched Gecko

Diplodactylus byrnei

Z2575

Pink-tongued Skink

Cyclodomorphus gerrardii

Q2268

Pygmy Mulga Monitor

Varanus gilleni

G2203

Red-barred Dragon

Ctenophorus vadnappa

G2263

Ridge-tailed Monitor

Varanus acanthurus

G2271

Sand Goanna

Varanus gouldii

G2343

Sandhill Ctenotus

Ctenotus brooksi

K2029

Saw-shell Turtle

Elseya latisternum

M2638

Slaty-grey Snake

Stegonotus cucullatus

A2112

Smooth Knob-tailed Gecko

Nephrurus levis

C2245

Southern Rainforest Dragon

Hypsilurus spinipes

W2059

Southern Spiny-tailed Gecko

Strophurus intermedius

Y2124

Southern Velvet Gecko

Oedura tryoni

C2561

Southern Water Skink

Eulamprus tympanum

W2279

Spencer's Monitor

Varanus spenceri

U2110

Spiny Knob-tail Gecko

Nephrurus asper

K2281

Spotted tree Monitor

Varanus timorensis

C2113

Starred Knob-tailed Gecko

Nephrurus stellatus

C2077

Stone Gecko

Diplodactylus vittatus

Y2280

Storr's Monitor

Varanus storri

C2181

Tawny Dragon

Ctenophorus decresii

A2076

Tessellated Gecko

Diplodactylus tessellatus

Q2620

Water Python

Liasis fuscus

W2579

Western Blue-tongued Skink

Tiliqua occipitalis

A2200

Western Netted Dragon

Ctenophorus reticulatus

U2058

Western Stone Gecko

Diplodactylus granariensis

S2613

Woma Python

Aspidites ramsayi

S2285

Yellow-spotted Monitor

Varanus panoptes

Schedule 7—Species excluded by proclamation under section 58(4) of the Act

Note—

This Schedule records the species excluded by proclamation under section 58(4) of the Act and is included for information purposes only. The proclamation under section 58(4) may be revoked or varied from time to time in which event this Schedule will no longer be accurate.

 

Species code

Common name

Zoological name

Mammals

K1113

Common Brushtail Possum

Trichosurus vulpecula

S1469

Plains Mouse Plains Rat

Pseudomys australis

K1481

Spinifex Hopping Mouse

Notomys alexis

Reptiles

S2525

Adelaide Snake-eye Skink

Morethia adelaidensis

U2138

Barking Gecko

Nephrurus milii

G2475

Bougainville's Skink

Lerista bougainvilli

C2105

Bynoe's Gecko

Heteronotia binoei

W2519

Dwarf Skink

Menetia greyii

Y2580

Eastern Blue-tongued Lizard

Tiliqua scincoides

K2557

Eastern Water Skink

Eulamprus quoyii

U2446

Four-toed Earless Skink

Hemiergis peronii

Z2451

Garden Skink

Lampropholis guichenoti

C2017

Long-necked Turtle

Chelodina longicollis

M2126

Marbled Gecko

Christinus marmoratus

E2034

Murray River Turtle

Emydura macquarii

G2379

Sandplain Ctenotus

Ctenotus schomburgkii

Z2583

Sleepy Lizard

Tiliqua rugosa

K2441

Three toed Earless Skink

Hemiergis decresiensis

A2092

Tree Dtella

Gehyra variegata

S2429

Tree Skink

Egernia striolata

E2430

White's Skink

Egernia whitii

Birds

Q0032

Bar-shouldered Dove

Geopelia humeralis

S0705

Black-backed Magpie

Gymnorhina tibicen tibicen

Y0304

Bourke's Parrot

Neopsephotus bourkii

K0657

Chestnut-breasted Mannikin

Lonchura castaneothorax

E00274

Cockatiel

Nymphicus hollandicus

U0034

Common Bronze-wing

Phaps chalcoptera

W0043

Crested Pigeon

Ocyphaps lophotes

Z00031

Diamond Dove

Geopelia cuneata

G0655

Double Bar (Black rump)

Taeniopygia bichenovii annulosa

G0655

Double Bar (White rump)

Taeniopygia bichenovii

Z0307

Elegant Parrot

Neophema elegans

E0670

Gouldian Finch

Erythrura gouldiae

S0033

Green winged Pigeon

Chalcophaps indica

Y00012

King Quail

Coturnix chinesis

C0637

Little Wattlebird

Anthochaera chrysoptera

A0272

Long-billed Corella

Cacatua tenuirostris

M0666

Long-tailed Finch (Hecks)

Poephila acuticauda

M0666

Long-tailed Finch (Longtail)

Poephila acuticauda

W0415

Murray Magpie

Grallina cyanoleuca

E0258

Musk Lorikeet

Glossopsitta concinna

Z0631

New Holland Honeyeater

Phylidonyris novaehollandiae

U0634

Noisy Miner

Manorina melanocephala

E0654

Painted Finch

Emblema pictum

Q04168

Peaceful Dove

Geopelia striata

Z0279

Princess Parrot

Polytelis alexandrae

U0254

Rainbow Lorikeet

Trichoglossus haematodus

W0255

Red-collared Lorikeet

Trichoglossus rubritorquis

Z0295

Red-rumped Parrot

Psephotus haematonotus

A0256

Scaly-breasted Lorikeet

Trichoglossus chlorolepidotus

G0303

Scarlet-chested Parrot

Neophema splendida

C0125

Silver Gull

Larus novaehollandiae

G0663

Star Finch

Neochmia ruficauda

S0009

Stubble Quail

Coturnix pectoralis

Q04176

Sulphur-crested Cockatoo

Cacatua galerita

E0054

Tasmanian Native Hen

Gallinula mortierii

E0302

Turquoise Parrot

Neophema pulchella

K0293

Twenty-eight Parrot

Barnardius zonarius

A0272

Western Corella

Cacatua pastinator

S0625

White plumed honeyeater

Meliphreptus pencillata

S0705

White-backed Magpie

Gymnorhina tibicen leuconota

Amphibians

G3207

Southern Bell Frog

Litoria raniformis

C3029

Smooth Frog

Geocrinia laevis

Schedule 8—Prescribed species: section 58(2)(a)

The species Emu (Dromaius Novaehollandiae) is prescribed for the purposes of section 58(2)(a) of the Act.

Schedule 10—Revocation and transitional provisions

Part 1—Preliminary

1—Interpretation

In this Schedule—

the revoked regulations means the National Parks and Wildlife (Wildlife) Regulations 2001.

Part 3—Transitional provisions

3—Permits granted before the commencement of these regulations

A reference in these regulations to a permit granted under a provision of the Act includes a reference to such a permit whether granted before or after the commencement of these regulations.

4—Required period for provision of information or other actions

  1. (1)

    A requirement under a provision of the revoked regulations that a return, report or other information be provided, or other action be taken, within a specified period, will, where that period has commenced but not expired before the commencement of these regulations, be taken to be a requirement under the corresponding provision of these regulations that the relevant action be taken within the portion of that period that remains after the commencement of these regulations.

  2. (2)

    If an action referred to in subclause (1) is required to be taken under the revoked regulations within a period that may extend beyond the expiry or revocation of a permit to which the action relates, subclause (1) applies despite the expiry or revocation of such a permit before the commencement of these regulations.

5—Applications, requests etc made under revoked regulations

Subject to clause 4, an application or a request, or the provision of a return, report or other information, made or undertaken before the commencement of these regulations pursuant to and in accordance with a provision of the revoked regulations will be taken to have been made or undertaken pursuant to and in accordance with the corresponding provision of these regulations.

6—Approvals, authorisations, exemptions etc granted before the commencement of these regulations

Subject to these regulations, an approval, authorisation, exemption, waiver, certificate, notification or requirement by the Director or a warden given or made for the purposes of the revoked regulations that remains in effect immediately before the commencement of these regulations, will be taken to have been given or made by the Director or a warden for the purposes of the corresponding provision of these regulations.

Legislative history

Notes

  • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

  • Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

  • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

    The National Parks and Wildlife (Wildlife) Regulations 2016 were revoked by Sch 8 cl 2 of the National Parks and Wildlife (Wildlife) Regulations 2019 on 1.7.2019.

    Legislation revoked by principal regulations

    The National Parks and Wildlife (Wildlife) Regulations 2016 revoked the following:

    National Parks and Wildlife (Wildlife) Regulations 2001

    Principal regulations and variations

    Year

    No

    Reference

    Commencement

    2016

    195

    Gazette 18.8.2016 p3255

    18.8.2016: r 2

    2017

    173

    Gazette 22.6.2017 p2462

    1.7.2017: r 2

    2018

    124

    Gazette 21.6.2018 p2337

    Sch 2 (cll 7 to 11)—1.7.2018: r 2

    Provisions varied

    Entries that relate to provisions that have been deleted appear in italics.

    Provision

    How varied

    Commencement

    r 2

    omitted under Legislation Revision and Publication Act 2002

    1.7.2017

    r 4

    r 4(1)

    prescribed fee

    inserted by 124/2018 Sch 2 cl 7

    1.7.2018

    r 9A

    r 9A(2)

    varied by 124/2018 Sch 2 cl 8

    1.7.2018

    r 22

    deleted by 124/2018 Sch 2 cl 9

    1.7.2018

    Sch 1

    substituted by 173/2017 r 4

    1.7.2017

    deleted by 124/2018 Sch 2 cl 10

    1.7.2018

    Sch 9

    substituted by 173/2017 r 5

    1.7.2017

    deleted by 124/2018 Sch 2 cl 11

    1.7.2018

    Sch 10

    Pt 2

    omitted under Legislation Revision and Publication Act 2002

    1.7.2017

    Historical versions

    1.7.2017

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