Nature Conservation (Animals) Regulation 2020 (Qld)

Nature Conservation (Animals) Regulation 2020

Chapter 1    Introduction

Part 1    Preliminary

1   Short title

This regulation may be cited as the Nature Conservation (Animals) Regulation 2020.

2   Commencement

This regulation commences on 22 August 2020.

Part 2    Interpretation

3   Definitions

The dictionary in schedule 7 defines particular words used in this regulation.

4   Meaning of commercial purpose

(1)A person acts for a commercial purpose if the person acts for gain or reward.

(2)Without limiting subsection (1), a person acts for a commercial purpose if—

(a)the person takes, keeps or uses an animal—

(i)as part of a business; or

(ii)for a home-based business, home occupation, or similar business, under a local law or a planning scheme; or

(b)the person buys or sells an animal and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the animal; or

(c)the person takes or uses an animal while carrying on a business that involves buying or selling animals of the same species; or

(d)the person brings an animal, or has an animal brought, into the State for the main purpose of selling the animal; or

(e)the person displays an animal—

(i)in a public place in a way that another person may reasonably believe it is for sale; or

(ii)in a way that promotes a particular product or service or a business.

5   Meaning of relevant person

(1)Subject to subsections (2) and (3), a relevant person, for the holder of an animal authority, is—

(a)if the holder is an individual—an employee or agent of the individual acting under the direction of the individual; or

(b)if the holder is a corporation, other than an incorporated association—

(i)the person in charge for the authority; or

(ii)an executive officer, employee or agent of the corporation acting under the direction of the person mentioned in subparagraph (i).

(2)A relevant person, for the holder of a rehabilitation permit, if the holder is an incorporated association, is—

(a)the person in charge for the authority; or

(b)an officer, member, employee or agent of the holder acting under the direction of the person mentioned in paragraph (a).

(3)A relevant person, for an entity other than the holder of an animal authority, is—

(a)the person in charge of the entity; or

(b)an executive officer, employee or agent of the entity acting under the direction of the entity or the person mentioned in paragraph (a).

6   References to categories of animals and classes of wildlife

(1)In this regulation, a reference to a type of animal in which a particular category appears before the type of animal is a reference to an animal that—

(a)is of that type; and

(b)is of that category.

Example—

A reference to a class 1 bird is a reference to a bird that is a class 1 animal.

(2)In this regulation, a reference to a type of animal in which a particular class of wildlife appears before the type of animal is a reference to an animal that—

(a)is of that type; and

(b)is prescribed as wildlife of that class by chapter 2.

Examples—

1A reference to a near threatened amphibian is a reference to an amphibian that is prescribed as near threatened wildlife by chapter 2.

2A reference to a near threatened class 1 amphibian is a reference to an amphibian that is a class 1 animal and prescribed as near threatened wildlife by chapter 2.

(3)In this regulation, a reference to a type of animal in which the word ‘protected’ appears before the type of animal is a reference to an animal that is a protected animal of that type.

Example—

A reference to a protected bird is a reference to a bird that is a protected animal.

(4)In this section—

category means a category of animal mentioned in chapter 2, part 4.

7   Scientific names

(1)Subject to subsection (2), the scientific names used for animals mentioned in this regulation follow—

(a)the names used in a recognised database; or

(b)the names used by the Queensland Museum.

(2)However, if a provision of this regulation about an animal includes a scientific reference, the scientific name for the animal follows the scientific reference.

(3)In this section—

Queensland Museum means the board under the Queensland Museum Act 1970.

recognised database means a database containing species information about animals that is maintained by or for the State, another State or the Commonwealth.

Examples—

1the Australian Faunal Directory maintained by the Commonwealth department with responsibility for matters relating to the environment

2the WildNet database maintained by the department

8   Species includes subspecies

Unless otherwise stated, a species of animal mentioned in this regulation includes all subspecies of the species.

9   References relating to animal authorities

(1)A reference in this regulation to a licence, permit or other authority of a type mentioned in chapter 4, parts 3 to 18 is a reference to a licence, permit or authority of that type granted, or automatically issued, under chapter 5.

Example—

A reference to a standard licence is a reference to a standard licence granted, or automatically issued, under chapter 5.

(2)A reference in this regulation to an animal authority for an animal is a reference to an animal authority that applies to the animal whether or not the authority applies to—

(a)more than 1 animal; or

(b)animals of different types or species.

(3)A reference in this regulation to an activity being carried out under an animal authority is a reference to an activity being carried out under a provision of this regulation that applies as a result of the grant, or automatic issue, of the authority.

Example—

A reference to the taking of a macropod under a harvesting licence is a reference to the taking of the macropod under section 129(a).

9A   Rounding of amounts expressed as numbers of fee units

(1)This section applies for working out the amount of a fee or other matter expressed in this regulation as a number of fee units.

(2)For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—

(a)if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or

(b)if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or

(c)if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or

(d)if the result is more than $500—to the nearest dollar (rounding one-half upwards).

Part 3    Application of regulation

10   Protected areas

(1)The following provisions of this regulation apply in relation to an animal in a protected area—

(a)chapter 2;

(b)section 316;

(c)schedules 1 and 2.

(2)This regulation does not otherwise apply in relation to an animal in a protected area.

11   Use of particular substances

(1)Nothing in this regulation authorises a person to take an animal using a substance if the use of the substance on the animal is prohibited under another Act or law, including, for example, a law of the Commonwealth.

(2)Also, nothing in this regulation authorises a person to take an animal using a substance if—

(a)another Act or law, including, for example, a law of the Commonwealth, requires a person using the substance on the animal to hold a particular authority; and

(b)the person does not hold the authority.

Chapter 2    Classification and categorisation of animals, declared management intent and conservation values

Part 1    Preliminary

12   Purpose of chapter

This chapter—

(a)prescribes classes of animals for part 5, division 2 of the Act; and

(b)provides for the declared management intent applying to each class of animal for section 72(2) of the Act; and

(c)provides for the categorisation of animals for applying provisions of this regulation; and

(d)prescribes the conservation value for particular animals for section 95 of the Act.

Part 2    Protected wildlife

13   Extinct wildlife

(1)For section 76 of the Act, an animal mentioned in schedule 1, part 2, division 1, subdivision 1 is prescribed as extinct wildlife.

(2)The declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1, part 2, division 1, subdivision 2.

Note—

See schedule 1, section 4(g) for circumstances in which an animal that is extinct wildlife is to be managed as if it were critically endangered wildlife.

14   Extinct in the wild wildlife

(1)For section 77 of the Act, an animal mentioned in schedule 1, part 2, division 2, subdivision 1 is prescribed as extinct in the wild wildlife.

(2)The declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1, part 2, division 2, subdivision 2.

Note—

See schedule 1, section 10(g) for circumstances in which an animal that is extinct in the wild wildlife is to be managed as if it were critically endangered wildlife.

15   Critically endangered wildlife

(1)For section 78 of the Act, an animal mentioned in schedule 1, part 2, division 3, subdivision 1 is prescribed as critically endangered wildlife.

(2)The declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1, part 2, division 3, subdivision 2.

16   Endangered wildlife

(1)For section 78A of the Act, an animal mentioned in schedule 1, part 2, division 4, subdivision 1 is prescribed as endangered wildlife.

(2)The declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1, part 2, division 4, subdivision 2.

17   Vulnerable wildlife

(1)For section 78B of the Act, an animal mentioned in schedule 1, part 2, division 5, subdivision 1 is prescribed as vulnerable wildlife.

(2)The declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1, part 2, division 5, subdivision 2.

18   Near threatened wildlife

(1)For section 79 of the Act, an animal mentioned in schedule 1, part 2, division 6, subdivision 1 is prescribed as near threatened wildlife.

(2)The declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1, part 2, division 6, subdivision 2.

Note—

See schedule 1, section 43(h) for circumstances in which an animal that is near threatened wildlife is to be managed as if it were another class of wildlife.

19   Least concern wildlife

(1)For section 80 of the Act, an animal mentioned in schedule 1, part 2, division 7, subdivision 1 is prescribed as least concern wildlife.

(2)The declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1, part 2, division 7, subdivision 2.

Part 3    International wildlife

20   International wildlife

(1)For section 81 of the Act, an animal mentioned in schedule 1, part 3, division 1 is prescribed as international wildlife.

(2)The declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1, part 3, division 2.

Part 4    Categorisation of animals

21   Categories of animals

(1)An exempt animal is a protected animal stated in schedule 3, part 1.

(2)A class 1 animal is a protected or international animal stated in schedule 3, part 2.

(3)A class 2 animal is a protected or international animal stated in schedule 3, part 3.

(4)A dangerous animal is a class 2 animal stated to be a dangerous animal in schedule 3, part 3.

(5)A farm animal is a protected animal stated in schedule 3, part 4.

Part 5    Conservation values for protected animals

22   Conservation value for classes of protected animals—Act, s 95

(1)For section 95(1) of the Act, an amount mentioned in schedule 2, part 1, column 2 is prescribed as the conservation value for a protected animal in the class mentioned in schedule 2, part 1, column 1 opposite the value.

(2)However, if a provision of a conservation plan prescribing a conservation value for a protected animal is inconsistent with an amount prescribed by subsection (1), the provision of the conservation plan prevails to the extent of the inconsistency.

Notes—

1See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018, section 31 in relation to the conservation value payable for a problem crocodile.

2See the Nature Conservation (Macropod) Conservation Plan 2017, section 85 in relation to the conservation value payable for a harvest macropod.

23   Persons exempt from payment of conservation value—Act, s 95

For section 95(8)(a) of the Act, a person mentioned in schedule 2, part 2, column 1 is exempt from the payment of the conservation value for a protected animal mentioned in schedule 2, part 2, column 2 opposite the person.

Chapter 3    Dealing with animals generally

Part 1    Preliminary

24   Purpose of chapter

This chapter—

(a)authorises particular persons to carry out particular activities in relation to particular animals regardless of whether those persons hold animal authorities; and

(b)states requirements related to the carrying out of the activities mentioned in paragraph (a).

Notes—

1Part 5, division 4 of the Actcontains offences prohibiting persons from carrying out particular activities in relation to protected animals unless the persons or activities are authorised under the Act.

2See chapter 4 for activities authorised under animal authorities.

3See part 8 about moving particular animals.

4Also, see chapter 4, part 16 and chapter 5, part 2 about movement permits authorising movement of animals.

Part 2    Particular entities

25   Authorised keeper in another State

(1)This section applies to a person who is an authorised keeper in another State for a species of protected, international or prohibited animal.

(2)The person may—

(a)buy, accept or receive an animal of the species from a person authorised to sell or give away the animal under the Act; and

(b)keep the animal—

(i)in the other State; or

(ii)in the State temporarily until it is moved to the other State.

(3)In this section—

authorised keeper in another State, for a species of animal, means a person who is either—

(a)authorised to keep an animal of the species in the other State under a law of the other State; or

(b)not prohibited from keeping an animal of the species in the other State under the laws of the other State.

26   Authorised keeper in another country

(1)This section applies to a person who is an authorised keeper in another country for a species of protected, international or prohibited animal.

(2)The person may—

(a)buy, accept or receive an animal of the species from a person authorised to sell or give away the animal under the Act; and

(b)keep the animal—

(i)in the other country; or

(ii)in the State temporarily until it is moved to the other country.

(3)In this section—

authorised keeper in another country, for a species of animal, means a person who is either—

(a)authorised to keep an animal of the species in the other country under a law of the other country; or

(b)not prohibited from keeping an animal of the species in the other country under the laws of the other country.

27   Public service employees and contractors dealing with dead protected animals

(1)This section applies to a person who is—

(a)a public service employee; or

(b)a contractor of a department.

(2)The person may take a dead protected animal from a public place if it is necessary or desirable to do so.

Examples of when it may be necessary or desirable to take a dead protected animal from a public place—

•to perform a function or exercise a power under an Act

•to ensure the free and safe movement of traffic on a road

•to maintain public safety or the health or wellbeing of persons

(3)The person may carry out any of the following activities in relation to an animal taken under subsection (2)—

(a)keep a part of the animal, including, for example, a biological sample, if it is necessary or desirable to do so;

(b)use, other than move, process or use for a commercial purpose, a part of the animal, including, for example, a biological sample, if it is necessary or desirable to do so;

(c)bury or incinerate the animal;

(d)move the animal to—

(i)the place in the State where the part will be kept or used under paragraph (a) or (b); or

(ii)the place in the State where the animal is to be buried or incinerated under paragraph (c); or

(iii)another place where the animal is not likely to pose a risk to public safety or the health or wellbeing of persons;

(e)otherwise deal with the animal in the way directed by the chief executive.

Examples of when it may be necessary or desirable to keep or use part of a dead protected animal—

•to perform research

•to perform a function or exercise a power under an Act

•to maintain public safety or the health or wellbeing of persons

(4)In this section—

public place includes a State-controlled road under the Transport Infrastructure Act 1994, whether or not it is open to, or used by, members of the public.

28   Local government officers, rail government entity employees and contractors dealing with dead protected animals

(1)This section applies to a person who is—

(a)an officer or employee of a local government; or

(b)an officer or employee of a rail government entity; or

(c)a contractor of a local government or rail government entity.

(2)The person may take a dead protected animal from a public place if it is necessary or desirable to do so.

Examples of when it may be necessary or desirable to take a dead protected animal from a public place—

•to perform a function or exercise a power under an Act

•to ensure the free and safe movement of traffic on a road

•to maintain public safety or the health or wellbeing of persons

(3)The person may carry out any of the following activities in relation to an animal taken under subsection (2)—

(a)bury or incinerate the animal;

(b)move the animal to—

(i)the place in the State where the animal is to be buried or incinerated; or

(ii)if the chief executive has asked the person to move the animal to another place—the other place; or

(iii)another place where the animal is not likely to pose a risk to public safety or the health or wellbeing of persons;

(c)otherwise deal with the animal in the way directed by the chief executive.

(4)In this section—

public place includes each of the following places, whether or not each place is open to, or used by, members of the public—

(a)a railway managed by a rail government entity;

(b)the following land if the trustee for the land is a local government—

(i)land contained in a reserve under the Land Act 1994 for a purpose mentioned in section 31(1)(a) to (c) of that Act;

(ii)land dedicated as a reserve under the Land Act 1994, section 31(1)(d);

(c)a road controlled by a local government.

29   Railway officers dealing with dead protected animals

(1)A railway officer employed by a railway manager may carry out any of the following activities in relation to a dead protected animal—

(a)take the animal at a railway managed by the railway manager;

(b)move the animal to another place.

(2)However, when taking or moving the animal the railway officer must comply with any conditions—

(a)imposed under subsection (3); and

(b)notified by the chief executive to the railway manager.

(3)The chief executive may impose conditions on the taking or moving of a dead protected animal under this section, including, for example, a condition stating—

(a)the way in which the animal is to be dealt with after being taken or moved; or

(b)the records to be kept for activities carried out under subsection (1); or

(c)the way in which the records mentioned in paragraph (b) are kept and accessed.

(4)This section does not apply to a railway officer employed by a rail government entity.

(5)In this section—

railway manager see the Transport Infrastructure Act 1994, schedule 6.

railway officer, employed by a railway manager, means—

(a)an employee or contractor of the railway manager; or

(b)an employee or contractor of a related body corporate of the railway manager; or

(c)another person approved by the chief executive by notice to the railway manager.

related body corporate, of a railway manager, means a body corporate that is a related body corporate of the railway manager within the meaning of the Corporations Act, section 50.

30   Emergency service officers dealing with dead protected animals

(1)An officer of an emergency service may carry out any of the following activities in relation to a dead protected animal for training members of the emergency service—

(a)buy, accept or receive the animal from a person authorised to sell or give away the animal under the Act;

(b)keep the animal;

(c)otherwise use the animal, other than—

(i)process the animal; or

(ii)use the animal for a commercial purpose.

(2)In this section—

emergency service means each of the following services—

(a)Marine Rescue Queensland under the Marine Rescue Queensland Act 2024;

(b)Queensland Fire and Rescue;

(c)Rural Fire Service Queensland;

(d)the Queensland Ambulance Service;

(e)the Queensland Police Service;

(f)the State Emergency Service.

30A   Persons dealing with dead protected animals at request of authorised person

A person requested by an authorised person to deal with a dead protected animal may—

(a)move the animal to a place identified by the authorised person; or

(b)otherwise deal with the animal in the way directed by the authorised person.

31   Australian Defence Force members dealing with animals

(1)A member of a unit of the Australian Defence Force may carry out any of the following activities in relation to a least concern animal for training members of the unit of the Australian Defence Force about survival in the wild—

(a)take the animal;

(b)keep the animal;

(c)use the animal, other than—

(i)process the animal; or

(ii)use the animal for a commercial purpose; or

(iii)use the animal in a way that is inconsistent with a military standing order prepared for the unit of the Australian Defence Force.

(2)In this section—

military standing order means a standing order that—

(a)is a general order under the Defence Force Discipline Act 1982 (Cwlth); and

(b)includes provisions relating to training members of a unit of the Australian Defence Force about survival in the wild.

Note—

A copy of a military standing order to which this section applies may be inspected at the department’s head office.

Part 3    Aboriginal tradition and Ailan Kastom

32   Marine turtle or dugong taken under Aboriginal tradition or Ailan Kastom

(1)A person may take an animal that is a protected marine turtle or dugong if—

(a)the person holds a permit or other authority granted under the Marine Parks Act 2004 or the Great Barrier Reef Marine Park Act 1975 (Cwlth) that permits the person to take the animal for Aboriginal tradition or Ailan Kastom; or

(b)the person takes the animal under a traditional use of marine resources agreement allowing the person to take the animal.

(2)The person may carry out any of the following activities in relation to an animal taken under subsection (1)—

(a)keep the animal;

(b)use, other than move or process, the animal;

(c)move the animal from the place where the animal is taken to the place in the State, or in another State, where the person intends to keep or use the animal.

(3)In this section—

traditional use of marine resources agreement means—

(a)a traditional use of marine resources agreement accredited under—

(i)the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004, part 5, division 1; or

(ii)the Marine Parks (Great Sandy) Zoning Plan 2017, part 5, division 1; or

(iii)the Marine Parks (Moreton Bay) Zoning Plan 2019, part 6; or

(b)a traditional use of marine resources agreement accredited, or taken to be accredited, under the Great Barrier Reef Marine Park Regulations 2019 (Cwlth), part 4.

33   Keeping and using dead marine mammals

(1)This section applies if the chief executive gives an animal that is a dead marine mammal to—

(a)a Traditional Owner for the land or waters from which the animal was taken or on or in which the animal was found; or

(b)a person nominated to the chief executive by a person mentioned in paragraph (a).

(2)A person given an animal under subsection (1), may carry out any of the following activities for the personal, domestic or non-commercial communal needs of a community or group of Aboriginal peoples or Torres Strait Islander peoples—

(a)keep the animal;

(b)use, other than move or process, the animal.

(3)In this section—

representative Aboriginal/Torres Strait Islander body see the Native Title Act 1993 (Cwlth).

Traditional Owner, for land or waters, means a person of Aboriginal descent or Torres Strait Islander descent who is recognised in the Aboriginal community or Torres Strait Islander community generally, or by a representative Aboriginal/Torres Strait Islander body for an area that includes the land or waters—

(a)as having spiritual or cultural affiliations with the land or waters; or

(b)as holding native title in relation to the land or waters.

Part 4    Education and research

Notes—

1See also chapter 4, part 12 and chapter 5, part 2 about the grant of educational purposes permits.

2See also chapter 4, part 15 and chapter 5, part 2 about the grant of research permits.

34   Keeping and using animals for education and research

(1)This section applies in relation to a dead protected animal, or a biological sample taken from a live protected animal, if the animal—

(a)was taken, or is kept, under the Act, the Exhibited Animals Act 2015 or a law of another State; and

(b)is located in the State.

(2)A qualified person may carry out any of the following activities for an educational or research purpose—

(a)buy, accept or receive the animal or sample from a person authorised to sell or give away the animal or sample under the Act;

(b)keep the animal or sample;

(c)otherwise use, other than process, the animal or sample.

(3)In this section—

qualified person, in relation to a dead protected animal, or a biological sample taken from a live protected animal, means a person to whom—

(a)an educational purposes permit for the animal could be granted under chapter 4, part 12 and chapter 5, part 2; or

(b)a research permit for the animal could be granted under chapter 4, part 15 and chapter 5, part 2.

Part 5    State museums

Division 1 Authorised activities

35   Taking, keeping and using protected or international animals

A State museum, or a relevant person for the museum, may carry out any of the following activities for a scientific or educational purpose, other than biodiscovery—

(a)take a protected animal if the taking of the animal is not likely to adversely affect the survival of the animal in the wild;

(b)buy, accept or receive a protected or international animal from a person authorised to sell or give away the animal under the Act;

(c)keep a protected or international animal at the museum;

(d)otherwise use, other than display, a protected or international animal at the museum.

Note—

See also the Biodiscovery Act 2004 for collection authorities for animals in or on State land under that Act.

36   Displaying animals at State museums

A State museum, or a relevant person for the museum, who keeps a live protected animal bred in captivity, or a live international animal, under section 35(c), may display the animal at the museum if the animal is displayed—

(a)in accordance with section 38; and

(b)for an authorised display purpose; and

(c)if the animal is displayed in a temporary enclosure—for a period of no longer than 1 month.

Note—

See also the Exhibited Animals Act 2015 for authorities for exhibiting and dealing with particular animals.

37   Moving animals to State museums

(1)A State museum, or a relevant person for the museum, who takes a protected animal under section 35(a), may move the animal from the place where the animal is taken to the museum.

(2)A State museum, or a relevant person for the museum, who keeps a protected animal under section 35(c), may move the animal from the museum to another State museum.

(3)However, subsections (1) and (2) do not apply in relation to the movement of a prescribed protected animal out of the State.

Division 2 Restrictions on authority

38   Ways animals must be displayed

(1)This section applies in relation to the display of a live protected animal at a State museum under section 36.

(2)The animal must be displayed—

(a)in an enclosure that forms an integral part of the display; and

(b)in a way that ensures all of the following risks are minimised—

(i)the likelihood of the animal’s escape;

(ii)the risk of injury to a person;

(iii)the risk of injury or ill-health to the animal.

(3)The animal must be supervised by a relevant person for the museum at all times while it is being displayed.

(4)The animal must not, without the chief executive’s written approval—

(a)be displayed if it has visible signs of illness or injury; or

(b)be forced to do an act it would not normally do in the wild.

(5)A State museum, or a relevant person for the museum, is taken to comply with subsection (2)(b) if the animal is displayed in accordance with the exhibition code, to the extent the code states the way in which the animal should be displayed.

(6)Subsection (5) does not limit the ways in which a person may otherwise comply with subsection (2)(b).

39   Handling dangerous or venomous animals

A live dangerous or venomous animal kept under section 35(c) may be handled by a person only if the person—

(a)is a relevant person for the State museum who has appropriate training for handling the animal; or

(b)handles the animal as part of training being conducted by the museum.

Division 3 Record requirements

40   Record keeping

(1)A State museum must, unless the State museum has a reasonable excuse, keep a record for an animal kept under section 35(c).

Note—

For the requirements for records, see chapter 8.

(2)The museum complies with subsection (1) if a relevant person, or an approved person, for the museum keeps the record for the museum.

(3)This section is subject to a provision of a conservation plan about the keeping of a record by a State museum for an animal to which the plan relates.

Part 6    Airports

Division 1 Preliminary

41   Definitions for part

In this part—

airport means a strategic airport under a State planning policy.

State planning policy see the Planning Act 2016.

Division 2 Authorised activities

42   Taking animals

(1)This section applies in relation to a protected animal if—

(a)either or both of the following circumstances apply—

(i)the animal is causing, or may cause, damage to the aviation infrastructure of an airport;

(ii)the presence of the animal at an airport is, or may be, a threat to the safety of aircraft, or persons on or around aircraft, operating at an airport; and

(b)the owner of the airport has made a reasonable attempt to prevent or minimise the damage or threat and the action taken has not prevented or minimised the damage or threat.

Examples of reasonable attempts to prevent or minimise damage or threats—

•installing a fence or other enclosure to prevent an animal from accessing an airport

•using an audio or visual device or other thing to deter an animal from accessing an airport

(2)The owner of the airport, or a relevant person for the owner, may—

(a)take the animal at the airport if—

(i)the taking of the animal will not adversely affect the survival of the animal in the wild; and

(ii)the proposed way of taking the animal is humane; and

(b)remove or otherwise deal with an animal breeding place used by the animal.

(3)Also, the owner or relevant person may—

(a)keep an animal taken under subsection (2)(a) for releasing the animal under paragraph (b); and

(b)release the animal into a prescribed natural habitat for the animal.

(4)In this section—

aviation infrastructure, of an airport, means infrastructure directly connected with the operation of aircraft at the airport.

Division 3 Record requirements

43   Record keeping

(1)The owner of an airport must, unless the owner has a reasonable excuse, keep a record for an animal taken under section 42(2).

Note—

For the requirements for records, see chapter 8.

(2)The owner complies with subsection (1) if a relevant person, or an approved person, for the owner keeps the record for the owner.

(3)This section is subject to a provision of a conservation plan about the keeping of a record by the owner of an airport for an animal to which the plan relates.

Part 7    Interactions with animals in the wild

Division 1 Tin Can Bay dolphin feeding program

44   Definition for division

In this division—

Tin Can Bay dolphin feeding program means the program, approved by the chief executive, for feeding dolphins in the waters adjacent to lot 80 shown on plan MCH5383.

Note—

A copy of plan MCH5383 is available on the department’s website.

45   Commercial interactions with dolphins

A person may engage in a commercial interaction with a live dolphin in the wild if the interaction—

(a)is part of the Tin Can Bay dolphin feeding program; and

(b)is authorised under the conditions of operation imposed by the chief executive on the approval for the program.

46   Requirements relating to sick, injured or dead dolphins

(1)If the operator of the Tin Can Bay dolphin feeding program knows, or ought reasonably to know, a dolphin the subject of the program is sick or injured or has died, the operator must, unless the operator has a reasonable excuse—

(a)immediately notify a conservation officer of the matter; and

(b)if the officer directs the operator to deal with the dolphin in a particular way—deal with the dolphin in the way directed.

Maximum penalty—100 penalty units.

(2)A conservation officer may give a direction under subsection (1)(b) only if the direction is reasonable in the circumstances.

47   Requirement to give report about activities

The operator of the Tin Can Bay dolphin feeding program must, unless the operator has a reasonable excuse, give the chief executive a written report, in the approved form, about the activities carried out as part of the program—

(a)for each month; and

(b)within 10 business days after the month ends.

Maximum penalty—120 penalty units.

Division 2 Other commercial interactions

48   Commercial interactions for marine parks generally

Subject to division 1, a person may engage in a commercial interaction with a live protected animal in the wild if the person’s interaction with the animal is permitted under—

(a)the Marine Parks Act 2004; or

(b)the Great Barrier Reef Marine Park Act 1975 (Cwlth).

Part 8    Movement of animals

Note—

See also the Nature Conservation (Macropod) Conservation Plan 2017, section 9A in relation to the movement of dead macropods.

49   Moving dead protected animals into State

(1)This section applies to a dead protected animal, other than a crocodile or emu, lawfully taken, kept and used in another State.

(2)A person in the State may move the skin, carcass or meat of the animal into the State if—

(a)the person buys the skin, carcass or meat by wholesale from a person in the other State; and

(b)the way in which the skin, carcass or meat is packed complies with the requirements of any applicable law of the other State; and

(c)the movement of the skin, carcass or meat from the other State is authorised by any applicable law of the other State.

Note—

See also the following provisions—

(a)the Nature Conservation (Macropod) Conservation Plan 2017, sections 9A to 9C and 83 and schedule 1;

(b)section 367 and schedule 5.

50   Moving protected animals for private reasons

(1)This section applies to a person who lawfully keeps a protected animal, other than under an animal authority.

(2)The person may move the animal—

(a)on the person’s land; or

(b)if the person keeps the animal at the person’s place of residence and is moving to a new place of residence within the State—to the new place of residence.

51   Moving protected animals to and from display

(1)This section applies to a person who lawfully keeps a protected animal, other than a dangerous animal, in the State, other than under an animal authority.

(2)The person may move the animal to or from an authorised display.

(3)However, the person may move the animal to an authorised display under subsection (2) only if the person ensures the animal is moved back to the place where the person keeps the animal as soon as practicable after the animal stops being displayed.

52   Moving dead protected animals to particular authorised buyers

(1)This section applies if—

(a)either—

(i)a person lawfully keeps a live protected animal other than under an animal authority, and the animal dies; or

(ii)a person lawfully keeps a dead protected animal other than under an animal authority; and

(b)under the Act, the person is authorised to sell or give away the dead animal; and

(c)the person sells or gives the dead animal to an authorised buyer for the animal.

(2)The person may move the animal from the place where the person keeps the animal to the place where the authorised buyer intends to keep the animal.

(3)This section does not apply in relation to an exempt animal.

Part 9    Exempt animals

53   Keeping and using exempt animals

(1)This section applies in relation to an exempt animal if—

(a)the animal has, at all times, been lawfully taken, kept and used; or

(b)for an exempt animal bred in captivity—the parents of the animal have, at all times, been lawfully taken, kept and used.

(2)A person may carry out any of out the following activities—

(a)keep the animal;

(b)use the animal, other than—

(i)buy, accept or receive the animal from a person who is not authorised to sell or give away the animal under the Act or a law of another State; or

(ii)sell or give the animal to a person who is not authorised to buy, accept or receive the animal under the Act or a law of another State; or

(iii)process the animal.

54   Breeding mutation of exempt animals

A person who keeps and uses an exempt animal under section 53 may breed a mutation of the animal.

Note—

Under section 92(1) of the Act, it is an offence for a person to knowingly breed a hybrid or mutation of a protected animal other than under a regulation or an exemption under a regulation.

Part 10    Sick, injured, orphaned or dead animals

Division 1 Sick, injured or orphaned animals generally

55   Dealing with sick, injured and orphaned protected animals

(1)This section applies in relation to a protected animal that is—

(a)if the animal is a marine mammal or a marine turtle—sick or injured; or

(b)otherwise—sick, injured or orphaned.

(2)A person may carry out any of the following activities to treat or care for the animal—

(a)take the animal;

(b)keep the animal;

(c)move the animal from the place where the person takes possession of the animal to—

(i)a place in the State where the person intends to care for the animal; or

(ii)a place in the State where the holder of a rehabilitation permit, or a relevant person for the holder, intends to keep the animal; or

(iii)the veterinary premises of a veterinary surgeon in the State for treatment or care for the animal; or

(iv)if a conservation officer directs, under section 57, the person to move the animal to another place—the other place.

(3)Subsection (2) does not apply to—

(a)the holder of a rehabilitation permit for the animal, or a relevant person for the holder; or

(b)a person who—

(i)advertises that the person provides animal rescue or rehabilitation services to members of the public but does not hold a rehabilitation permit; or

(ii)is employed by, or volunteers for, an entity that advertises it provides animal rescue or rehabilitation services to members of the public but does not hold a rehabilitation permit.

Example of advertising animal rescue or rehabilitation services—

publishing a phone number or email address, on a website or social media platform, for the purpose of allowing members of the public to report sick, injured or orphaned protected animals

56   Requirement to notify chief executive or give animal away

(1)A person must as soon as practicable after taking possession of an animal mentioned in section 55(1)(a), notify a conservation officer that the person has taken possession of the animal, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)Within 72 hours after a person takes possession of an animal mentioned in section 55(1)(b), the person must, unless the person has a reasonable excuse, either—

(a)give the animal to the holder of a rehabilitation permit for the animal, or a relevant person for the holder; or

(b)give the animal to a veterinary surgeon; or

(c)notify a conservation officer that the person has taken possession of the animal.

Maximum penalty—20 penalty units.

57   Requirement to comply with directions of conservation officer

If a person notifies a conservation officer under section 56 and the officer directs the person to deal with the animal in a particular way, the person must deal with the animal in the way directed, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

Division 2 Authorisations for veterinary treatment

58   Veterinary surgeons treating animals

(1)A veterinary surgeon may carry out any of the following activities in relation to a protected, international or prohibited animal (the treated animal) to treat or care for the animal—

(a)take the animal;

(b)keep the animal;

(c)use, other than move or process, the animal;

(d)if the animal dies during the treatment or care—move the animal from the place where the surgeon keeps the animal to—

(i)the place where the animal is to be buried or incinerated; or

(ii)if the chief executive has asked the surgeon to move the animal to another place—the other place.

Note—

See also section 59 for authority to move particular animals.

(2)The veterinary surgeon may euthanase a treated animal if the surgeon believes the animal is unable or unlikely to—

(a)recover from sickness or injury; or

(b)for a protected animal—survive in the wild because the animal is orphaned.

58A   Veterinary surgeons giving away biological samples

(1)This section applies if a veterinary surgeon treats or cares for a live protected animal at the veterinary premises of the veterinary surgeon.

(2)The veterinary surgeon may give away a biological sample taken from the animal if—

(a)the sample was taken from the animal while the animal was being treated or cared for; and

(b)the person to whom the sample is given intends to keep and use the sample under section 34.

59   Moving animals to and from veterinary surgeon

(1)This section applies to a person who lawfully keeps a live protected animal in the State, other than under an animal authority.

(2)The person may move the animal—

(a)from the place where the animal is being kept (the place of keeping) to the veterinary premises of a veterinary surgeon for treatment or care for the animal; or

(b)from the veterinary premises of a veterinary surgeon who treated or cared for the animal to the place of keeping.

(3)However, if the premises of the veterinary surgeon is outside the State, the person may move the animal under subsection (2)(a) only if the person ensures the animal is moved back under subsection (2)(b) as soon as practicable after the treatment or care is given.

(4)Subsection (3) does not apply to the person if the animal dies.

Division 3 Dead animals

59A   Dealing with dead exhibited animals

(1)This section applies if—

(a)a person lawfully keeps a protected animal under an exhibited animal authority; and

(b)the animal dies.

(2)The person may carry out any of the following activities—

(a)keep the dead animal;

Note—

See also section 320 in relation to dealing with a dead sampled or implanted animal.

(b)sell or give away the dead animal to a person who is authorised to buy, accept or receive the animal under the Act or a law of another State.

60   Moving dead sampled or implanted animals

(1)A person may move a dead sampled or implanted animal from the place where the animal died, or was kept, to—

(a)the premises of a veterinary surgeon for the purpose of performing an autopsy on the animal; or

(b)if the animal is frozen—the chief executive.

Note—

See also sections 87(2) and 320(2) for requirements to perform an autopsy on a dead sampled or implanted animal or to give the animal to the chief executive.

(2)A person may move a biological sample taken from a dead sampled or implanted animal during the autopsy from the premises of the veterinary surgeon that performed the autopsy to the chief executive.

Note—

See also sections 87(3)(a) and 320(3)(a) for requirements to give a biological sample taken from a dead sampled or implanted animal during the autopsy to the chief executive.

60AA    Veterinary surgeons performing or supervising autopsies

(1)This section applies in relation to a dead protected, international or prohibited animal.

(2)A veterinary surgeon, or a person being supervised by a veterinary surgeon, may use the animal to perform an autopsy, regardless of whether the animal died before or after the surgeon received it.

60A   Veterinary surgeons giving away dead animals

(1)This section applies if a veterinary surgeon—

(a)treats or cares for a protected animal that dies at the veterinary premises of the veterinary surgeon; or

(b)performs an autopsy on a dead protected animal.

(2)The veterinary surgeon, with the consent of the owner or custodian of the animal, may give away the animal to a person who intends to keep and use the animal under section 34.

Part 11    Flying-foxes

Note—

See chapter 10, part 4 about the urban flying-fox management area map.

61   Local governments dealing with flying-foxes

(1)This section applies to a local government if—

(a)a flying-fox roost is located in an urban flying-fox management area in the local government’s local government area; and

(b)the local government has not been granted a flying-fox roost management permit.

(2)The local government, or a relevant person for the local government, may—

(a)destroy the flying-fox roost; or

(b)drive away, or attempt to drive away, a flying-fox from the roost; or

(c)disturb a flying fox in the roost.

(3)However, the local government or relevant person may act under subsection (2) only in a way that complies with the flying-fox roost management code.

62   Low impact activities affecting a flying-fox roost

(1)A person may carry out any of the following activities in relation to a tree that is a flying-fox roost—

(a)cut the branches of the tree;

(b)put mulch near the tree;

(c)mow grass near the tree;

(d)cut, remove or destroy vegetation near the tree;

(e)use a hose or water sprinkler near the tree;

(f)build, maintain or remove infrastructure near the tree.

Note—

The clearing of vegetation is regulated by the Vegetation Management Act 1999.

(2)However, the person may act under subsection (1) only in a way that complies with the flying-fox roost low impact activities code.

(3)In this section—

infrastructure includes a building, or other structure, built or used for any purpose, including, for example, a fence, pipeline or road.

Part 12    Amphibians

63   Dealing with amphibians

(1)This section applies in relation to an educational institution that does not hold an animal authority for taking, keeping or using amphibians.

(2)The educational institution, or a relevant person for the educational institution, may carry out any of the following activities—

(a)catch a tadpole that is a least concern amphibian on land owned by or for the educational institution;

(b)keep the amphibian on the land, for educational purposes, until the amphibian undergoes metamorphosis;

(c)use, other than sell, give away or process, the amphibian on the land, for educational purposes, until the amphibian undergoes metamorphosis;

(d)release the amphibian into the wild—

(i)at the place where the amphibian was taken; and

(ii)in the way stated in a departmental code of practice for the amphibian.

Part 13    Reptiles

64   Dealing with reptiles

(1)This section applies if, immediately before the commencement, a person was permitted to keep a permitted reptile under the Act, other than under a licence, permit or other authority under the Act.

(2)The person may keep the reptile.

(3)In this section—

permitted reptile means a least concern reptile, other than—

(a)a freshwater crocodile (Crocodylus johnstoni); or

(b)a reptile of the family Elapidae that is a dangerous animal.

65   Requirement to notify chief executive and comply with directions

(1)This section applies if—

(a)a person keeps a reptile under section 64; and

(b)the reptile produces an offspring (a breeding event).

(2)The person must, unless the person has a reasonable excuse—

(a)notify the chief executive of the breeding event within 24 hours of the event; and

(b)if the chief executive, or a conservation officer, directs the person to deal with the offspring in a particular way—deal with the offspring in the way directed.

Maximum penalty—80 penalty units.

Part 14    Fish

66   Dealing with particular fish for non-commercial purposes

(1)This section applies in relation to a fish of a relevant species that has, at all times, been lawfully obtained and kept, other than under an animal authority.

(2)A person may carry out any of the following activities in relation to the fish for a purpose other than a commercial purpose—

(a)keep the fish;

(b)buy, accept or receive the fish;

(c)sell or give away the fish;

(d)if the fish is sold or given away—move the fish from the place where the fish was kept before the fish was sold or given away to the place where the person who bought, accepted or received the fish intends to keep it.

(3)In this section—

relevant species means each of the following species of fish—

(a)Daintree rainbowfish (Cairnsichthys bitaeniatus);

(b)Elizabeth Springs goby (Chlamydogobius micropterus);

(c)Flinders Ranges mogurnda (Mogurnda clivicola);

(d)Oxleyan pygmy perch (Nannoperca oxleyana).

66A   Dealing with particular fish regulated under Fisheries Act 1994

(1)A person may carry out any of the following activities in relation to a fish of a regulated species to the extent the person is authorised under the Fisheries Act 1994 to carry out the activity—

(a)take the fish;

(b)keep the fish;

(c)use the fish;

(d)release the fish into the wild.

(2)In this section—

regulated species means each of the following species of fish—

(a)Australian lungfish (Neoceratodus forsteri);

(b)largetooth sawfish (Pristis pristis);

(c)Mary River cod (Maccullochella mariensis);

(d)redfish (Centroberyx affinis);

(e)scalloped hammerhead (Sphyrna lewini);

(f)silver perch (Bidyanus bidyanus).

Part 15    Natural products

67   Taking and keeping natural products for non-commercial purposes

A person may carry out any of the following activities in relation to a natural product derived from a protected animal for a purpose other than a commercial purpose—

(a)take the product;

(b)keep the product;

(c)use the product.

Chapter 4    Dealing with animals under animal authorities

Part 1    Preliminary

68   Purpose of chapter

This chapter—

(a)authorises particular persons to carry out particular activities in relation to particular animals if those persons have been granted, or automatically issued, animal authorities; and

(b)imposes restrictions on the grant, or automatic issue, of animal authorities; and

(c)imposes conditions on animal authorities.

Notes—

1Part 5, division 4 of the Actcontains offences prohibiting particular persons from carrying out particular activities in relation to protected animals unless the persons or activities are authorised under the Act.

2See chapter 3 for activities authorised without holding animal authorities.

3See part 2, division 3 about moving particular animals under authorities.

4See part 16 and chapter 5, part 2 about movement permits authorising the movement of animals.

69   Inconsistency between regulation and conservation plan

(1)This section applies if—

(a)a provision of this regulation (the regulation provision) states what a holder of an animal authority, or a relevant person for the holder—

(i)may do under the authority; or

(ii)must or must not do under the authority; or

(iii)may do, or must do, on conditions under the authority; and

(b)a provision of a conservation plan (the conservation plan provision) applying to an authorised animal for the authority is inconsistent with the regulation provision.

(2)Unless otherwise stated in the conservation plan provision, the conservation plan provision prevails to the extent of the inconsistency.

Note—

See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018, part 4, division 1 for limitations on activities authorised under particular wildlife authorities.

70   Relationship between different authorisations under animal authorities

(1)This section applies if—

(a)a provision of parts 3 to 18 authorises (the general authorisation) a person to carry out an activity under an animal authority; and

(b)another provision of parts 3 to 18 authorises (the specific authorisation) the person to carry out the activity under the authority in particular circumstances.

(2)To the extent practicable—

(a)the general authorisation and the specific authorisation are to be read together; and

(b)the specific authorisation limits the general authorisation.

Examples—

1Section 91 authorises the holder of a standard licence, or a relevant person for the holder, to use an authorised animal under the licence, including, for example, to move an authorised animal. Section 93 authorises the holder or relevant person to move an authorised animal under the licence in particular circumstances. The holder or relevant person is only authorised, under section 91, to move an authorised animal under the licence to the extent the movement is permitted under section 93.

2Section 151 authorises the holder of a farming licence, or a relevant person for the holder, to use an authorised animal under the licence, including, for example, display an authorised animal. Section 152 authorises the holder or relevant person to display an authorised animal under the licence in particular circumstances. The holder or relevant person is only authorised, under section 151, to display an authorised animal under the licence to the extent the display is permitted under section 152.

Part 2    Provisions applying to all animal authorities

Division 1 General limitations on authorities

71   Animals must be lawfully obtained or introduced

Nothing in this chapter authorises the holder of an animal authority, or a relevant person for the holder, to keep or use an animal—

(a)not lawfully obtained by the holder or relevant person; or

(b)for an international or prohibited animal—not lawfully introduced into the State.

Notes—

1See sections 88(5), 90A and 91(1)(c) of the Actfor offences in relation to animals not lawfully taken or introduced.

2Part 5, divisions 4 to 6 of the Act contains other restrictions about keeping, using or moving wildlife.

72   Animal authorities limited to live or dead animals

(1)If an animal authority applies to a live animal of a particular species, nothing in this chapter authorises the holder of the authority, or a relevant person for the holder, to take, keep or use a dead animal of the species.

(2)If an animal authority applies to a dead animal of a particular species, nothing in this chapter authorises the holder of the authority, or a relevant person for the holder, to take, keep or use a live animal of the species.

Division 2 Taking animals

73   Taking animals by killing

(1)This section applies if a provision of this chapter authorises the holder of an animal authority, or a relevant person for the holder, to—

(a)take an authorised animal by killing the animal; and

(b)keep or use the animal.

(2)The provision does not authorise the holder or relevant person to take, keep or use an authorised animal that was not killed by the holder or relevant person.

Examples of animals not killed by the holder or relevant person—

•an authorised animal found already dead by the holder or relevant person

•an authorised animal killed by someone other than the holder or relevant person

•a live authorised animal

Division 3 Movement of animals

Note—

See also the Nature Conservation (Macropod) Conservation Plan 2017, section 9A in relation to the movement of dead macropods.

74   Moving animals to particular authorised buyers

(1)This section applies if, under an animal authority, the holder of the authority, or a relevant person for the holder, sells or gives an authorised animal to an authorised buyer for the animal.

(2)The holder, relevant person or authorised buyer may move the animal from the place where the holder or relevant person keeps the animal to the place where the authorised buyer intends to keep the animal.

(3)Subsection (2) does not authorise the holder, relevant person or authorised buyer to move—

(a)a live special native animal; or

(b)a prescribed protected animal—

(i)to another country; or

(ii)into another State if the movement is, whether directly or indirectly, associated with—

(A)moving the animal to another country; or

(B)selling, giving or moving the animal to a person in another country.

75   Moving animals from interstate sellers

(1)This section applies if, under an animal authority, the holder of the authority, or a relevant person for the holder, buys, accepts or receives an authorised animal from an authorised interstate seller for the animal.

(2)The holder, relevant person or authorised interstate seller may move the animal from the place where the authorised interstate seller keeps the animal to—

(a)the licensed premises for the animal authority; or

(b)another authorised premises for the animal.

(3)This section does not authorise the holder, relevant person or authorised interstate seller to move—

(a)a live special native animal; or

(b)a dead crocodile or emu; or

(c)a prescribed protected animal—

(i)to another country; or

(ii)into another State if the movement is, whether directly or indirectly, associated with—

(A)moving the animal to another country; or

(B)selling, giving or moving the animal to a person in another country.

76   Moving animals for private reasons

(1)This section applies if the holder of an animal authority, or a relevant person for the holder, keeps an authorised animal under the authority.

(2)The holder or relevant person may move the animal—

(a)on the authorised premises for the animal; or

(b)if the animal is kept at the holder’s or relevant person’s place of business and the holder or relevant person moves to a new place of business within the State—to the new place of business; or

(c)if the animal is kept at the holder’s or relevant person’s place of residence and the holder or relevant person moves to a new place of residence within the State—to the new place of residence.

Note—

See section 80 for the requirement to notify the chief executive of particular changes, including a change of address stated in an animal authority.

77   Moving live animals to and from veterinary surgeon

(1)This section applies if the holder of an animal authority, or a relevant person for the holder, keeps a live authorised animal in the State under the authority.

(2)The holder or relevant person may move the animal—

(a)from the place where the animal is being kept (the place of keeping) to the veterinary premises of a veterinary surgeon for treatment or care for the animal; or

(b)from the veterinary premises of a veterinary surgeon who treated or cared for the animal to the place of keeping.

(3)However, if the premises of the veterinary surgeon is outside the State, the holder or relevant person may move the animal under subsection (2)(a) only if the holder or relevant person ensures the animal is moved back under subsection (2)(b) as soon as practicable after the treatment or care is given.

(4)Subsection (3) does not apply to the holder or relevant person if the animal dies.

77A   Moving dead animals to and from veterinary surgeon for autopsy

(1)This section applies if an authorised animal kept under an animal authority dies.

(2)The holder of the animal authority, or relevant person for the holder, may move the animal—

(a)from the place where the animal is being kept (the place of keeping) to the veterinary premises of a veterinary surgeon for performing an autopsy on the animal; or

(b)from the veterinary premises of a veterinary surgeon who performed or supervised an autopsy on the animal to the place of keeping.

Division 4 General conditions

Subdivision 1 Preliminary

78   Purpose of division

(1)This division states conditions that apply to all animal authorities.

Notes—

1Failure to comply with a condition of an animal authority is an offence under section 318.

2Also, under chapter 5, part 6, failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.

(2)This division does not limit any other condition the chief executive may impose on an animal authority.

Note—

For the power of the chief executive to impose conditions on an animal authority, see sections 244, 246, 247 and 260.

Subdivision 2 Inspection of authorities and identification

79   Animal authority or identification must be available for inspection

The holder of an animal authority must ensure a person carrying out an activity under the authority, while carrying out the activity, has the following documents available for inspection—

(a)if the person is the holder of the authority—the authority or a copy of the authority;

(b)if the person is not the holder of the authority—a copy of the authority endorsed by the holder of the authority with the person’s name and residential address.

Subdivision 3 Notification of changes

80   Notification of particular changes in authority management system

(1)This section applies if the holder of an animal authority changes, or proposes to change—

(a)the postal, residential or business address of the holder; or

(b)if the animal authority was automatically issued—the licensed premises for the authority to another premises in the State.

(2)However, this section does not apply if the holder is a child.

(3)Before or immediately after the change happens, the holder must notify the chief executive of the change by updating the holder’s information in the authority management system to reflect the change.

80A   Notification of particular changes by application for amendment

(1)This section applies if the holder of an animal authority changes, or proposes to change—

(a)the postal, residential or business address of the holder; or

(b)the licensed premises for the authority; or

(c)the place where an authorised animal is kept under the authority; or

(d)the name of the holder; or

(e)if the holder is a corporation—the person in charge for the authority.

(2)However, this section does not apply if, under section 80, the holder has updated the holder’s information in the authority management system to reflect the change.

(3)Before or immediately after the change happens, the holder must notify the chief executive of the change by applying for an amendment of the animal authority to reflect the change.

Note—

For amending an animal authority by application, see chapter 5, part 6, division 2.

Subdivision 4 Buying, accepting, receiving, selling and giving away animals

81   Buying, accepting and receiving animals

The holder of an animal authority, or a relevant person for the holder, must not buy, accept or receive an authorised animal from a person who is not authorised to sell or give away the animal under—

(a)the Act; or

(b)the Exhibited Animals Act 2015; or

(c)a law of another State or the Commonwealth.

Note—

See the Nature Conservation (Macropod) Conservation Plan 2017 for other restrictions applying to the buying or accepting of dead macropods under a dealer licence for dead macropods.

82   Selling and giving away animals generally

The holder of an animal authority, or a relevant person for the holder, must not sell or give away an authorised animal to a person who is not authorised to buy, accept or receive the animal under—

(a)the Act; or

(b)the Exhibited Animals Act 2015; or

(c)a law of another State or the Commonwealth.

83   Selling, giving away and moving dependent animals

(1)This section applies if the holder of an animal authority, or a relevant person for the holder, keeps an authorised animal that is a dependent animal under the authority.

(2)The holder or relevant person must not sell, give away or move the animal unless—

(a)the chief executive has given the holder or relevant person written approval to carry out the activity; or

(b)for the movement of the animal—

(i)the animal is sick, injured or orphaned and the movement is to or from a veterinary surgeon for treatment or care; or

(ii)the animal is a captive bred bird and the movement is to another person, who holds an animal authority for the bird, for hand raising the bird; or

(iii)the animal is a bird egg and the movement is to another person, who holds an animal authority for the egg, for artificial incubation or foster parent incubation of the egg; or

(iv)the movement is to another person, who holds an animal authority for the animal’s mother, for keeping the animal with its mother.

(3)In this section—

dependent animal means any of the following animals—

(a)a bird egg or a bird that is too young to fly;

(b)a mammal that has not been weaned;

(c)an animal that can not feed itself or has visible signs of illness or injury.

Subdivision 5 Keeping animals

84   Display of animal authority if animal displayed at particular places

(1)The holder of an animal authority must ensure a person displaying an animal under the authority, at a place other than the licensed premises for the authority, displays the authority or a copy of the authority at the place.

(2)However, if the address of a person’s place of residence is stated in the authority or copy, the address may be covered while the authority or copy is being displayed.

(3)In this section—

display, an animal, includes demonstrate the animal.

85   Housing and caring for live protected animals

The holder of an animal authority must ensure a person who keeps a live protected animal under the authority—

(a)keeps the animal in a secure cage or enclosure that prevents the animal’s escape and protects it from predators; and

(b)supplies the animal with shelter, ventilation and enough water and food to maintain the animal’s health or wellbeing.

Note—

See also section 327 about animal enclosures.

86   Sampling or implanting animals

(1)This section applies if—

(a)the holder of an animal authority, or a relevant person for the holder, keeps a live authorised animal under the authority; and

(b)the chief executive gives the holder a notice, mentioned in section 366(2) or (3), in relation to the animal.

(2)The holder must comply with the notice within the stated period for the notice.

87   Dealing with kept animals after death—sampled or implanted animals

(1)This section applies if—

(a)the holder of an animal authority, or a relevant person for the holder, keeps a live sampled or implanted animal under the authority; and

(b)the animal dies.

(2)The holder must ensure—

(a)an autopsy is performed on the animal by a veterinary surgeon within 14 days after the animal dies; or

(b)the animal is frozen immediately after it dies and the frozen animal is given to the chief executive within 14 days after the animal dies.

Note—

See section 60(1) in relation to the movement of a dead sampled or implanted animal.

(3)If an autopsy is performed on the animal by a veterinary surgeon, the holder must also ensure the following things are given to the chief executive within 14 days after the animal dies—

(a)a biological sample taken from the animal during the autopsy;

(b)if the veterinary surgeon finds the animal has a working electromagnetic implant—the implant;

(c)if the veterinary surgeon finds the animal has a electromagnetic implant that is not working—a written report prepared by the veterinary surgeon stating the reason why the implant is not working.

Note—

See section 60(2) in relation to the movement of a biological sample taken from a dead sampled or implanted animal.

88   Dealing with kept animals after death—other animals

(1)This section applies if—

(a)the holder of an animal authority, or a relevant person for the holder, keeps a live authorised animal, other than a sampled or implanted animal, under the authority; and

(b)the animal dies; and

(c)no other provision of the Act authorises the holder or relevant person to sell or give away the dead animal.

(2)The holder must ensure the animal is dealt with in 1 of the following ways—

(a)by incinerating or burying the animal;

(b)if the animal authority is not a rehabilitation permit—by selling or giving the animal to—

(i)the holder of a dealer licence for the dead animal, or a relevant person for the holder of a dealer licence for the dead animal; or

(ii)the holder of a dead animal collection authority for the dead animal; or

(iii)a State museum.

(3)The holder or relevant person must—

(a)if subsection (2)(a) applies—only move the animal to the place where the animal is to be buried or incinerated; or

(b)if subsection (2)(b) applies—only move the animal to—

(i)the licensed premises for the dealer licence or the dead animal collection authority; or

(ii)the State museum.

Part 3    Standard licences

Division 1 Authorisation for automatic dealing with licence

88A   Standard licence prescribed for automatic issue, amendment and renewal—Act, s 143B

(1)For section 143B(1)(a) of the Act, a standard licence is prescribed as a type of relevant authority that may be automatically issued to a person by the operation of the authority management system.

Note—

See also chapter 5, part 1.

(2)For section 143B(1)(b) of the Act, a standard licence is prescribed as a type of relevant authority that may be automatically amended or renewed by the operation of the authority management system.

Note—

See also chapter 5, part 5, division 2 and chapter 5, part 6, division 2, subdivision 2.

Division 1A Grant or automatic issue and restrictions on grant or automatic issue

89   Grant or automatic issue of licence

(1)A standard licence may be granted by the chief executive, or automatically issued, for a captive, live class 1 animal.

(2)This section is subject to section 90 and chapter 5, parts 1 and 2.

90   Restrictions on grant or automatic issue of licence

A standard licence must not be granted by the chief executive, or automatically issued, to a person if—

(a)the licence would, if granted or issued, authorise the person to keep or use more than 10 animals under the licence; or

(b)the person holds another standard licence, a specialised licence or an advanced licence.

Division 2 Activities authorised under licence

91   Keeping and using animals

The holder of a standard licence, or a relevant person for the holder, may carry out any of the following activities—

(a)buy, accept or receive a live authorised animal;

(b)keep a live authorised animal at the licensed premises for the licence;

(c)otherwise use a live authorised animal at the licensed premises for the licence, other than—

(i)process the animal; or

(ii)use the animal for a commercial purpose.

92   Taking and keeping food reptiles to feed kept reptiles

The holder of a standard licence, or a relevant person for the holder, may carry out any of the following activities to ensure the wellbeing or maintenance of an authorised animal that is a reptile kept under the licence—

(a)take a food reptile;

(b)keep a food reptile;

(c)use a food reptile.

93   Moving animals to and from authorised display

The holder of a standard licence, or a relevant person for the holder, may move an authorised animal to or from an authorised display if—

(a)the holder has written approval from the chief executive for the movement; and

(b)the holder or relevant person ensures the animal is moved back to the place where the holder or relevant person keeps the animal as soon as practicable after the animal stops being displayed.

Note—

See part 2, division 3 about moving particular animals under authorities.

Division 3 Conditions

94   Purpose of division

(1)This division states conditions that apply to all standard licences.

Notes—

1Failure to comply with a condition of an animal authority is an offence under section 318.

2Also, under chapter 5, part 6, failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.

(2)This division does not limit any other condition the chief executive may impose on a standard licence.

Note—

For the power of the chief executive to impose conditions on an animal authority, see sections 244, 246, 247 and 260.

95   Way animal must be kept and used

(1)The holder of a standard licence, or a relevant person for the holder, must keep and use an authorised animal in a way that ensures the likelihood of escape, injury or ill-health of the animal is minimised.

(2)A person complies with subsection (1) if the person complies with a departmental code of practice for the animal, to the extent the code of practice states how the likelihood of escape, injury or ill-health of the animal may be minimised.

(3)Subsection (2) does not limit the ways in which a person may otherwise comply with subsection (1).

96   Breeding animals

(1)The holder of a standard licence, or a relevant person for the holder, must not, without the chief executive’s approval, allow an authorised animal kept or used under the licence to breed.

(2)Despite subsection (1), subsections (3) to (6) apply to the holder or relevant person if an authorised animal (the parent) kept or used under the licence produces an egg or live offspring (a breeding event).

(3)Within 24 hours of the breeding event, the holder or relevant person must—

(a)if the holder keeps an online record for the parent—include the particulars for the event in the record; or

Note—

For the requirements for records relating to animals, see chapter 8.

(b)otherwise—notify the chief executive of the event.

(4)Subject to subsection (5), the holder or relevant person may—

(a)keep the surviving offspring of the breeding event for 3 months after the event (the retention period); or

Note—

See also section 83 about selling, giving away and moving dependent animals.

(b)kill the surviving offspring of the breeding event in a humane way.

(5)Subsection (6) applies if, before or after the retention period ends, the chief executive or a conservation officer directs the holder or relevant person to deal with the egg or offspring in a particular way.

(6)The holder or relevant person must deal with the egg or offspring in the way directed.

97   Particular animals must be kept for minimum period

The holder of a standard licence, or a relevant person for the holder, must keep a live animal, bought or accepted under the licence, for at least 6 months (the retention period) after receiving the animal unless—

(a)the holder has written approval from the chief executive to sell or give away the animal within the retention period; or

(b)the animal dies or escapes; or

(c)if the animal is a bird—the bird was bought or accepted for rearing and fledges within the retention period.

98   Record keeping

(1)The holder of a standard licence must keep a record for the licence.

Note—

For the requirements for records, see chapter 8.

(2)The holder complies with subsection (1) if a relevant person, or an approved person, for the holder keeps the record for the holder.

99   Return of operations

(1)This section applies if the chief executive gives the holder of a standard licence written approval to keep a record in a record book under section 342(1)(a)(ii).

(2)The holder must give the chief executive a return of operations for the standard licence.

Note—

For the requirements for returns of operations, see chapter 8.

(3)The holder complies with subsection (2) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.

Part 4    Specialised licences

Division 1 Authorisation for automatic dealing with licence

99A   Specialised licence prescribed for automatic issue, amendment and renewal—Act, s 143B

(1)For section 143B(1)(a) of the Act, a specialised licence is prescribed as a type of relevant authority that may be automatically issued to a person by the operation of the authority management system.

Note—

See also chapter 5, part 1.

(2)For section 143B(1)(b) of the Act, a specialised licence is prescribed as a type of relevant authority that may be automatically amended or renewed by the operation of the authority management system.

Note—

See also chapter 5, part 5, division 2 and chapter 5, part 6, division 2, subdivision 2.

Division 1A Grant or automatic issue and restrictions on grant or automatic issue

100   Grant or automatic issue of licence

(1)A specialised licence may be granted by the chief executive, or automatically issued, for—

(a)a captive, live class 1 animal; or

(b)a captive, live class 2 animal.

(2)This section is subject to sections 101 to 101B and chapter 5, parts 1 and 2.

101    Restrictions on grant or automatic issue of licence

A specialised licence must not be granted by the chief executive, or automatically issued, to a person if—

(a)the licence would, if granted or issued, authorise the person to keep or use more than a total of 50 live birds, reptiles or amphibians under the licence; or

(b)the person holds another specialised licence, a standard licence or an advanced licence.

101A    Additional restrictions on grant by chief executive

The chief executive must not grant a specialised licence to a person for a dangerous animal unless—

(a)the person is an adult; and

(b)the chief executive is satisfied the person has the knowledge, experience and facilities necessary to keep the animal in the way required under a departmental code of practice for the animal.

101B    Additional restrictions on automatic issue

A specialised licence must not be automatically issued to a person if the licence is for a dangerous animal.

Division 2 Activities authorised under licence

102   Keeping and using animals

(1)The holder of a specialised licence, or a relevant person for the holder, may carry out any of the following activities—

(a)buy, accept or receive a live authorised animal;

(b)keep a live authorised animal at the licensed premises for the licence;

(c)otherwise use a live authorised animal at the licensed premises for the licence, other than—

(i)process the animal; or

(ii)use the animal for a commercial purpose.

(2)Subsection (3) applies if—

(a)the holder or relevant person is a member of a recreational bird or herpetological society; and

(b)the animal—

(i)is a bird, reptile or amphibian; and

(ii)is not a dangerous animal.

(3)The holder or relevant person may also, for a continuous period of not more than 2 days, keep or use the animal for a purpose of the society at any premises used by the society.

103   Taking and keeping food reptiles to feed kept reptiles

The holder of a specialised licence, or a relevant person for the holder, may carry out any of the following activities to ensure the wellbeing or maintenance of an authorised animal that is a reptile kept under the licence—

(a)take a food reptile;

(b)keep a food reptile;

(c)use a food reptile.

104   Moving animals to and from authorised display

The holder of a specialised licence, or a relevant person for the holder, may move an authorised animal, other than a dangerous animal, to or from an authorised display if—

(a)the holder has written approval from the chief executive for the movement; and

(b)the holder or relevant person ensures the animal is moved back to the place where the holder or relevant person keeps the animal as soon as practicable after the animal stops being displayed.

Note—

See part 2, division 3 about moving particular animals under authorities.

105   Moving animals to and from recreational bird or herpetological society

The holder of a specialised licence, or a relevant person for the holder, may, for keeping or using an authorised animal under section 102(2), move the animal—

(a)from the licensed premises for the licence to a premises used by a recreational bird or herpetological society; or

(b)from a premises used by a recreational bird or herpetological society to the licensed premises for the licence.

Note—

See part 2, division 3 about moving particular animals under authorities.

106   Breeding mutation of protected amphibian, bird or reptile

The holder of a specialised licence for a protected amphibian, bird or reptile, or a relevant person for the holder, may breed a mutation of the amphibian, bird or reptile.

Note—

Under section 92(1) of the Act, it is an offence for a person to knowingly breed a hybrid or mutation of a protected animal other than under a regulation or an exemption under a regulation.

Division 3 Conditions

(b)the carcass or meat is lawfully moved from the holder to the person.

2The skinned carcass or meat of a relevant protected animal lawfully obtained by the person from a person in another State if—

(a)the animal was lawfully taken, kept and used in the other State; and

(b)the way the carcass or meat is packed complies with any applicable law of the other State; and

(c)the carcass or meat is lawfully moved into the State.

3The skin of a relevant protected animal if the animal was lawfully taken, kept and used and—

(a)the skin was fully tanned by the holder of a dealer licence or a harvesting licence for the animal; or

(b)the skin was lawfully obtained by a person from a place outside the State and the skin—

(i)was fully tanned by a person who is authorised, under a law of the place, to tan the animal; and

(ii)is lawfully moved into the State.

4A relevant protected animal if the animal—

(a)was lawfully taken, kept and used; and

(b)has an approved tag lawfully attached to it.

5The dehydrated and crystallised venom of a snake if the snake—

(a)is a relevant protected animal that is a farm animal kept under a farming licence; and

(b)was lawfully taken, kept and used.

6A natural product of a relevant protected animal if—

(a)the animal is a least concern animal; and

(b)the animal has been lawfully taken and is being lawfully kept; and

(c)the product is not used for wholesale sale.

Part 7    Processed products registered by State museums

1A product made or derived from a dead protected animal if—

(a)the animal was lawfully taken, kept and used by a State museum; and

(b)the product was catalogued and registered by a State museum under the museum’s registration process.

Schedule 6 Fees

section 357

Part 1    Fees for animal authorities

Division 1 Licences

Fee units
1	Application for grant, automatic issue, renewal or automatic renewal of a standard licence (ss 235(2)(c), 239(2)(c), 257C(2)(d) and 258(2)(d))	60.20
2	Application for grant, automatic issue, renewal or automatic renewal of a specialised licence (ss 235(2)(c), 239(2)(c), 257C(2)(d) and 258(2)(d))	322.20
3	Application for grant, automatic issue, renewal or automatic renewal of an advanced licence (ss 235(2)(c), 239(2)(c), 257C(2)(d) and 258(2)(d))	694.00
4	Application for grant of a harvesting licence (s 239(2)(c))—
(a)  for macropods—
(i)  if the term of the licence is not more than 1 year	81.30
(ii)  if the term of the licence is more than 1 year	242.40
(b)  for scorpions or spiders	352.60
(c)  for other animals	365.30
5	Application for grant of a dealer licence (s 239(2)(c))—
(a)  for macropods—
(i)  if the term of the licence is not more than 1 year	736.00
(ii)  if the term of the licence is more than 1 year	2,097.00
(b)  for other animals—
(i)  if the term of the licence is not more than 1 month	146.10
(ii)  if the term of the licence is more than 1 month but not more than 1 year	727.00
(iii)  if the term of the licence is more than 1 year	2,082.00
6	Application for grant of an interaction licence (s 239(2)(c))	173.80
7	Application for grant of a farming licence (s 239(2)(c))—
(a)  for birds—
(i)  if the term of the licence is not more than 1 year	565.00
(ii)  if the term of the licence is more than 1 year	1,614.00
(b)  for invertebrates—
(i)  if the term of the licence is not more than 1 year	192.30
(ii)  if the term of the licence is more than 1 year	547.00
(c)  for reptiles of the family Crocodylidae—
(i)  if the term of the licence is not more than 1 year	1,505.00
(ii)  if the term of the licence is more than 1 year	4,308.00
(d)  for reptiles of the family Elapidae—
(i)  if the term of the licence is not more than 1 year	383.00
(ii)  if the term of the licence is more than 1 year	1,089.00

Division 2 Permits

Fee units
1	Application for grant of a permit to keep wildlife (s 239(2)(c))	86.00
2	Application for grant of a movement permit (s 239(2)(c))	17.80

Division 3 Collection authorities

Fee units
1	Application for grant of a least concern animal collection authority (s 239(2)(c))	109.80
2	Application for grant of a dead animal collection authority (s 239(2)(c))	86.00

Division 4 Fees for amendments

Fee units
1	Application for a licence type amendment (ss 264C(2)(c) and 265(2)(b))	the difference between—
(a)  the fee that would apply for the grant, automatic issue, renewal or automatic renewal of the authority before the amendment; and
(b)  the fee that would apply for the grant, automatic issue, renewal or automatic renewal of the authority after the amendment
2	Application for another amendment of an animal authority for which a fee is payable, other than to change an address, for each amendment (ss 264C(2)(c) and 265(2)(b))	18.95

Division 5 Fee for replacements

Fee units
1	Application for the replacement of an animal authority (s 279(3)(b))	nil

Part 2    Fees for approved tags

Fee units
1	Supply of a tag for a skin of a crocodile that is a farm animal kept under a farming licence (s 350(1))	2.22
2	Supply of a tag for a skin of an emu that is a farm animal kept under a farming licence (s 350(1))	1.59
3	Supply of a tag for a macropod skin or carcass, for each lot of 50 tags supplied (s 350(1))	50.30
4	Application for approval of a tag (s 350(2)(b))	8.90

Part 3    Fees for sampling or implanting animals

Fee units
1	Supply of sampling consumables and storage of the sample by an approved scientific institution (ss 366(2)(c) and 374)	nil
2	Supply of approved electromagnetic implant (s 374)	nil

Part 4    Fees for record books

Fee units
1	Supply of record book for holder of a dealer licence for macropods purchased (s 343(3))	36.00
2	Supply of a record book for holder of harvesting licence for macropods purchased (s 343(3))	8.65
3	Supply of a record book for another animal authority (s 343(3))—
(a)  for a book with 20 pages	8.90
(b)  for a book with 50 pages	22.45

Part 5    Fees for movement of animals

Fee units
1	Supply of a hard copy of a movement advice (s 375)	3.90

Schedule 7 Dictionary

section 3

accept, an animal, does not include a transfer of possession of the animal between the holder of an animal authority for the animal and a relevant person for the holder.

affected person ...

aircraft ...

airport, for chapter 3, part 6, see section 41.

animal authority means a licence, permit or authority mentioned in chapter 4, parts 3 to 18.

animal breeding place, of an animal, means a bower, burrow, cave, hollow, nest or other thing that is commonly used by the animal to incubate or rear the animal’s offspring.

animal record particulars, for an animal, for chapter 8, see section 337.

applicant particulars, in relation to an applicant applying for the grant, renewal or amendment of an animal authority, means the following particulars—

(a)the name of the applicant;

(b)the address of the applicant;

(c)the address of the proposed premises;

(d)if the applicant is a corporation—

(i)the applicant’s ABN or ACN; and

(ii)the name of the person proposed to be the person in charge for the authority.

approved captive breeding program, for an animal or species of animal, means a program for the captive breeding of the animal or species that has been approved by the chief executive.

approved electromagnetic implant means an electromagnetic implant approved by the Minister for use on animals for identification purposes.

approved electronic record system, for chapter 8, see section 337.

approved form ...

approved interaction plan, for an animal, means a plan that is—

(a)about interacting with the animal or animals of the same species; and

(b)approved by the chief executive.

approved label, for schedule 5, see schedule 5, part 1.

approved mark, for schedule 5, see schedule 5, part 1.

approved person, for a person mentioned in section 341(1), means a person approved, under section 341(2), to keep a record, or give a return of operations, for the person.

approved scientific institution, for an animal, means a scientific institution approved by the Minister for accepting biological samples of the animal.

approved tag—

(a)for schedule 5—see schedule 5, part 1; or

(b)otherwise—see section 350(5).

associate, of a person who holds, or has applied for, an animal authority, means—

(a)if the person is a corporation—each executive officer of the corporation; or

(b)if the person is an individual—another person who—

(i)is, or is intended to be, regularly or usually in charge of the individual’s activity or business, or proposed activity or business, that relates, or is intended to relate, to the authority; or

(ii)regularly directs staff for the activity or business in their duties; or

(iii)is, or is intended to be, in a position to control or substantially influence the activity or business, or proposed activity or business.

authorised animal, in relation to an animal authority, means an animal—

(a)identified on the authority under section 249(1)(g) or 250; and

(b)if section 251 applies to the animal—to which the authority applies under section 251(2).

authorised buyer, for an animal, means a person who is authorised to keep the animal under the Act, including, for example, a person authorised, under the Act, to keep the animal in another State or country.

authorised display means a show or display that—

(a)is not conducted for a commercial purpose; and

(b)lasts for no longer than 11 days.

authorised display purpose, for a display of an animal, means any of the following purposes—

(a)giving public information about the ecological role of the animal;

(b)promoting education about, and the conservation of, the animal;

(c)promoting an understanding of ecology and the conservation of the animal.

authorised interstate seller, for an animal, means a person who—

(a)is authorised to sell or give away the animal under a law of another State; and

(b)does not hold an animal authority authorising the person to sell or give away the animal.

authorised premises, for an animal, means premises where the animal is authorised to be kept under the Act.

authority management system means—

(a)in relation to the issuing of an animal authority prescribed for section 143B(1)(a) of the Act—the electronic system approved under section 143BA(1) of the Act by the chief executive for that purpose; or

(b)in relation to the renewal or amendment of an animal authority prescribed for section 143B(1)(b) of the Act—the electronic system approved under section 143BA(1) of the Act by the chief executive for that purpose; or

(c)otherwise in relation to an animal authority—the electronic system maintained by the department, and made accessible on the department’s website, for generating, sending, receiving, storing or processing electronic communications relating to the authority.

aviculture code ...

caution zone, for a marine mammal, see section 282.

claim period ...

class 1 animal see section 21(2).

class 2 animal see section 21(3).

commercial interaction, in relation to an animal, see section 331.

commercial purpose see section 4.

contractor includes an employee of a contractor or a subcontractor.

corporation see the Corporations Act, section 57A.

corresponding authority means an authority, however described, that—

(a)was issued, given or granted to a person under the law of another jurisdiction; and

(b)authorises or authorised the taking, keeping or use of an animal that is or was protected under the law of the other jurisdiction.

dangerous animal see section 21(4).

dangerous seized thing ...

departmental code of practice, for an animal, means a code of practice that—

(a)has been approved or made by the chief executive under section 174A of the Act; and

(b)relates to animals of the same species as the animal, to the extent the code of practice states the way in which—

(i)the animals may be taken, kept or used; or

(ii)a person may interact with the animals.

dingo means an animal of the species Canis familiaris (dingo).

disturb, an animal, includes—

(a)approach, harass, harm, lure, pursue, tease or touch the animal; and

(b)attempt to do an act mentioned in paragraph (a).

dolphin means a member of the family Delphinidae or the family Phocoenidae.

drive away, a flying-fox from a flying-fox roost, see section 88C(6) of the Act.

drone means a device capable of flight—

(a)that is able to be remotely piloted or programmed to autonomously fly a particular route; but

(b)that is not capable of transporting a person.

dugong means an animal of the species Dugong dugon.

ecosystem process, for schedule 1, see schedule 1, section 1.

educational institution means—

(a)an approved education and care service under the Education and Care Services National Law (Queensland); or

(b)a QEC approved service under the Education and Care Services Act 2013; or

(c)a State educational institution or non-State school under the Education (General Provisions) Act 2006; or

(d)a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth); or

(e)a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth).

educational or research purpose means—

(a)scientific research at an institution administered by—

(i)the Commonwealth or a State; or

(ii)an entity that is involved in scientific research; or

(b)teaching at an educational institution.

emu means an animal of the species Dromaius novaehollandiae.

emu code, for schedule 5, see schedule 5, part 1.

estuarine crocodile means an animal of the species Crocodylus porosus.

excess animal, in relation to an animal authority, means an animal taken, kept or used by the holder of the authority, or a relevant person for the holder if—

(a)the same species of animal is stated in the authority within the meaning of section 249(1)(g) or 250; but

(b)the taking, keeping or using of the animal means the holder or person has more than the stated number of animals for the authority, within the meaning of section 251(2).

exempt animal see section 21(1).

exhibited animal authority see the Exhibited Animals Act 2015, section 29.

exhibition code means the document called ‘Code of practice of the Australasian Regional Association of Zoological Parks and Aquaria—minimum standards for exhibiting wildlife in Queensland’, approved by the chief executive under section 174A of the Act.

existing activities, for chapter 5, part 5, see section 256.

existing licence, for chapter 5, part 5, see section 256.

export permit means a permit to export issued under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth).

farm animal see section 21(5).

farm crocodile ...

farm emu ...

feed, in relation to an animal, includes—

(a)using food to tease or lure the animal; and

(b)discarding or leaving edible rubbish or scraps near the animal; and

(c)attempting—

(i)an act mentioned in paragraph (a) or (b); or

(ii)to otherwise feed the animal.

flying-fox means an animal of the genus Pteropus.

flying-fox damage mitigation code means the document called ‘Code of practice—ecologically sustainable lethal take of flying-foxes for crop protection’, approved by the chief executive under section 174A of the Act.

flying-fox roost see section 88C(6) of the Act.

flying-fox roost low impact activities code means the document called ‘Code of practice—low impact activities affecting flying-fox roosts’, approved by the chief executive under section 174A of the Act.

flying-fox roost management code means the document called ‘Code of practice—ecologically sustainable management of flying-fox roosts’, approved by the chief executive under section 174A of the Act.

food reptile means a reptile of the following species—

(a)Carlia decora;

(b)Carlia pectoralis;

(c)Carlia rubigo;

(d)Carlia vivax;

(e)Cryptoblepharus adamsi;

(f)Cryptoblepharus australis;

(g)Cryptoblepharus metallicus;

(h)Cryptoblepharus pannosus;

(i)Cryptoblepharus pulcher;

(j)Cryptoblepharus virgatus;

(k)Ctenotus robustus;

(l)Lampropholis delicata;

(m)Morethia boulengeri.

freshwater crocodile means an animal of the species Crocodylus johnstoni.

harvest macropod see the Nature Conservation (Macropod) Conservation Plan 2017, schedule 2.

harvest period, for an animal, means a period during which a person may take the animal under a harvest period notice.

harvest period notice means a notice declaring a harvest period under a conservation plan.

helicopter includes a gyrocopter.

holder, of an animal authority—

(a)means the person to whom the authority was granted; and

(b)includes the person who held the authority immediately before it ended.

humane means—

(a)in relation to the taking of an animal—taking the animal in a way that complies with the Animal Care and Protection Act 2001; or

(b)in relation to interacting with an animal—interacting with the animal in a way that complies with the Animal Care and Protection Act 2001.

identification code means—

(a)for an electromagnetic implant—a sequence of letters and numbers produced by the implant to identify the implant; or

(b)for a tag—a sequence of letters and numbers that identify the tag.

imprinted bird means a bird that suffers from the behavioural disorder known as human imprinting.

incorporated association means an association incorporated under the Associations Incorporation Act 1981.

information, for schedule 1, see schedule 1, section 1.

information notice ...

intended activities, for chapter 5, part 5, see section 256.

internal review ...

internal review decision...

international animal means an animal that is international wildlife.

koala means an animal of the species Phascolarctos cinereus.

koala rehabilitation code means the document called ‘Code of practice—rehabilitation of sick, injured or orphaned koalas in Queensland’, approved by the chief executive under section 174A of the Act.

land manager includes—

(a)a landholder; or

(b)the State, an entity representing the State, or a local government, to the extent the State, entity or local government—

(i)has in interest in public land under its management; or

(ii)is otherwise responsible for the management or development of public land.

lawfully, in relation to an act, means acting in a way that is not prohibited under an Act or another law applying to the act.

licence type amendment, for chapter 5, part 6, see section 262.

licensed premises, for an animal authority, means the premises stated in the authority as the licensed premises for the authority.

local government, for chapter 10, part 4, see section 368.

macropod means a member of the family Macropodidae.

management principles, for schedule 1, see schedule 1, section 1.

marine mammal means a dolphin, dugong or whale.

marine mammal special management area means an area declared to be a marine mammal special management area under a marine mammal special management declaration.

marine mammal special management declaration means—

(a)for a marine mammal special management area—

(i)a permanent marine mammal special management area declaration; or

(ii)a temporary marine mammal special management area declaration; or

(b)for a special marine mammal—

(i)a permanent special marine mammal declaration; or

(ii)a temporary special marine mammal declaration.

marine turtle means a member of the family Cheloniidae or the family Dermochelyidae.

meat, of an animal, includes the flesh and offal of the animal.

member, of the Australian Defence Force or a unit of the Australian Defence Force, means a Member under the Defence Act 1903 (Cwlth), section 4.

motorised diving aid means a vessel that has a motor and is used to aid diving.

Examples—

a diver propulsion vehicle, an underwater scooter

movement, of an animal, means a continuous journey between 2 places that is broken only for a stop that is necessary or incidental for the journey.

Examples of stops necessary or incidental for a journey—

•a stop ordinarily made by persons in transit for food, rest, bathing or using toilet facilities

•a stop for feeding, cleaning or resting an animal being transported

•a stop for placing an animal to be moved to another country in quarantine

•a stop for placing a live animal to be moved to another country in facilities to acclimatise the animal for the other country’s conditions

movement advice means a movement advice in the approved form.

native animal means any taxon or species of animal indigenous to Australia, including, for example, a dingo.

natural product means a product that is shed, lost or excreted by an animal without any human inducement or other human intervention.

Examples of natural products—

1feathers of a bird that the bird naturally sheds or loses

2skin of a snake that is naturally shed by the snake

3teeth of a snake that are naturally excreted in the faeces of the snake

no approach zone, for a marine mammal, see section 281.

notice means written notice.

online record see section 337.

original decision ...

owner ...

parent, of a child, includes—

(a)a person who exercises parental responsibility for the child, other than a person standing in the place of a parent of the child on a temporary basis; and

(b)for an Aboriginal child—a person who, under Aboriginal tradition, is regarded as a parent of the child; and

(c)for a Torres Strait Islander child—a person who, under Ailan Kastom, is regarded as a parent of the child.

particulars, of an animal, for chapter 8, see section 337.

permanent marine mammal special management area declaration means a declaration under section 286.

permanent special marine mammal declaration means a declaration under section 293.

permitted boat means a boat other than a prohibited vessel.

person in charge, for an animal authority held by a corporation, means the individual in charge of—

(a)the activity to be carried out under the authority; or

(b)the licensed premises for the authority.

person in control, of a permitted boat, prohibited vessel, or aircraft, includes—

(a)the person in command of the boat, vessel, or aircraft; or

(b)the person who appears to be in control or command of the boat, vessel, or aircraft.

planning scheme means a planning scheme under the Planning Act 2016.

prescribed authority—

(a)for chapter 5, part 1, see section 234(1); and

(b)for chapter 5, part 6, division 2, subdivision 2, see section 264B(1).

prescribed distance, in relation to a marine mammal, means—

(a)for a prohibited vessel or aircraft—see section 283; or

(b)for a person entering or in water—see section 284.

prescribed fee means a fee prescribed by chapter 9 to be payable under the Act.

prescribed natural habitat, for an animal, means—

(a)if a conservation plan includes a definition of a ‘prescribed natural habitat’ for the animal—a habitat within the meaning of the definition; or

Note—

For koalas, see the Nature Conservation (Koala) Conservation Plan 2017, schedule 2.

(b)if paragraph (a) does not apply—a natural habitat that is appropriate for the animal.

prescribed protected animal means—

(a)a protected animal that is a live mammal; or

(b)a protected animal that is a fertilised egg of a mammal.

prescribed renewable licence, for chapter 5, part 5, division 2, see section 257B(1).

problem crocodile see the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018, section 5.

prohibited animal means an animal that is prohibited wildlife.

prohibited vessel means a hovercraft, hydrofoil, jet ski, motorised diving aid, parasail or wing in ground effect craft.

proposed premises, in relation to an application for an animal authority, means the place proposed to be the licensed premises for the authority if the application is granted.

public place means—

(a)a place, or part of a place, that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or

(b)a place, or part of a place, other than a place of residence or part of a place of residence, the occupier of which allows members of the public to enter, whether or not on payment of money.

QCAT information notice ...

racing lizard means—

(a)Tiliqua rugosa (shingle back); or

(b)Pogona vitticeps (central bearded dragon).

rail government entity see the Transport Infrastructure Act 1994, schedule 6.

record, for chapter 8, see section 337.

record and return book means a record and return book supplied by the chief executive.

record book means—

(a)a record book supplied by the chief executive; and

(b)includes a record and return book.

recovery plan, for an animal—

(a)means a document stating what research and management is necessary to—

(i)stop the decline of the animal in the wild; or

(ii)support the recovery of the animal in the wild; or

(iii)enhance the chance of long-term survival of the animal in the wild; and

(b)includes a recovery plan made or adopted under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), section 269A.

recreational bird or herpetological society, for a species of bird, reptile or amphibian, means a society that—

(a)is an incorporated association; and

(b)has, as its main function, the keeping and breeding of the same species of birds, reptiles or amphibians.

relevant amendment, for chapter 5, part 6, division 2, subdivision 2, see section 264A.

relevant day—

(a)in relation to an application for an animal authority—means the day the application was made under chapter 5, part 1 or 2; or

(b)for determining whether or not the holder of an animal authority is not, or is no longer, a suitable person to hold the authority—means the day the determination is made.

relevant group of marine mammals, for chapter 6, part 2, division 3, see section 292.

relevant person, in relation to an animal authority, see section 5.

relevant protected animal, for schedule 5, see schedule 5, part 1.

relevant protected bird, for schedule 5, see schedule 5, part 1.

relevant protected butterfly, for schedule 5, see schedule 5, part 1.

relevant protected crocodile, for schedule 5, see schedule 5, part 1.

relevant protected emu, for schedule 5, see schedule 5, part 1.

relevant purpose, for chapter 6, part 2, see section 285.

relevant record particulars, for a record, for chapter 8, see section 337.

remotely piloted aircraft ...

renewable licence see section 257.

reptile and amphibian code ...

required declaration, for an application relating to an animal authority made using the authority management system, means a declaration that—

(a)relates to obligations or conditions that apply to the authority under this regulation; and

(b)the applicant is required to make in the authority management system to complete the application.

required period, for chapter 8, see section 337.

return of operations, for chapter 8, see section 337.

sampled or implanted animal means a protected, international or prohibited animal in relation to which—

(a)a biological sample has been taken or given in compliance with a notice mentioned in section 366(2); or

(b)an approved electromagnetic implant has been inserted in compliance with a notice mentioned in section 366(3); or

(c)an identification code for an approved electromagnetic implant has been given in compliance with a notice mentioned in section 366(3).

sampling consumable means a consumable used to obtain a biological sample of an animal.

scientific purpose includes an archaeological, anthropological or sociological purpose.

seal means a member of the family Otariidae or the family Phocidae.

seized thing ...

seizure notice ...

shark means a cartilaginous fish of the superorder Euselachii.

skinned carcass, of an animal, means the carcass of the animal with the skin removed.

special marine mammal means a marine mammal declared to be a special marine mammal under a marine mammal special management declaration.

special native animal means the following native animals—

(a)an echidna (Tachyglossus aculeatus);

(b)a koala (Phascolarctos cinereus);

(c)a platypus (Ornithorhynchus anatinus);

(d)a wombat (Family Vombatidae).

State museum means a non-profit institution that—

(a)is owned or administered by the State; and

(b)has, as a function, the preservation of information in any branch of the natural sciences about animals.

State planning policy, for chapter 3, part 6, see section 41.

stranded, in relation to a marine mammal—

(a)means the mammal is—

(i)aground on a shore; or

(ii)in a helpless state; or

Examples of a marine mammal in a helpless state—

•an entangled marine mammal

•an incapacitated marine mammal

(iii)sick, injured or dead; and

(b)includes a marine mammal at risk of becoming a marine mammal mentioned in paragraph (a).

surviving offspring, of a breeding event, includes a live animal that hatches from an egg produced at the event.

tag includes a band, ring, implant, label or other thing that may be attached to an animal to identify the animal.

temporary marine mammal special management area declaration means a declaration under section 287(2).

temporary special marine mammal declaration means a declaration under section 294(2).

term, of an animal authority, means the term of the authority under chapter 5, part 4.

Tin Can Bay dolphin feeding program, for chapter 3, part 7, division 1, see section 44.

urban flying-fox management area, for chapter 10, part 4, see section 368.

urban flying-fox management area map, for chapter 10, part 4, see section 368.

venomous animal—

(a)means an animal capable of producing venom; but

Example—

A reptile of the family Elapidae

(b)does not include an animal—

(i)that is not capable of introducing the venom it produces into an individual; or

Examples—

•an animal with its fangs or sting removed

•an animal that is not capable of biting an individual because of the animal’s small jaw size

(ii)an animal whose venom would not, in usual quantities, be lethal to, or seriously injure, an individual who is not particularly susceptible to the venom.

Example—

a spider of the family Theraphosidae

veterinary premises means—

(a)veterinary premises under the Veterinary Surgeons Act 1936; or

(b)premises in another State lawfully used by a veterinary surgeon to practise as a veterinary surgeon.

veterinary surgeon means a person registered as a veterinary surgeon under—

(a)the Veterinary Surgeons Act 1936; or

(b)a corresponding law of another State.

voluntary wildlife care association means a corporation with objects that include—

(a)the voluntary rehabilitation of sick, injured or orphaned protected animals and, if possible, the return of the animals to the wild; and

(b)the conservation of native animals.

wake ...

weapon see the Weapons Act 1990, schedule 2.

whale means a cetacean of the family Balaenidae, Balaenopteridae, Kogiidae, Physeteridae or Ziphiidae.

wing in ground effect craft means a vessel constructed to move above the surface of the water using ground effect to lift off, land and maintain a limited altitude.

year means a period of 12 months—

(a)starting at the beginning of any day; and

(b)ending—

(i)immediately before the beginning of the corresponding day of the following 12-month period; or

(ii)if the period started on 29 February—at the end of 28 February of the following 12-month period.