Nature Conservation Regulation 1982 (ACT)

Nature Conservation Regulation 1982 (repealed)   

SL1982-11

made under the

Nature Conservation Act 1980

Republication No 5

Effective:  12 June 2015

Republication date: 12 June 2015

As repealed by A2014‑59 s 372 (1)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Nature Conservation Regulation 1982 (repealed), made under the Nature Conservation Act 1980, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting this republished law to 12 June 2015. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Nature Conservation Regulation 1982 (repealed)

made under the

Nature Conservation Act 1980

Contents

Page

1            Name of regulation  2

3            Records to be kept for animals  2

4            Records to be kept for live fish  3

5            Records to be kept for plants that are wildlife  4

Endnotes

1            About the endnotes  5

2            Abbreviation key  5

3            Legislation history  6

4            Amendment history  7

5            Earlier republications  8

Nature Conservation Regulation 1982 (repealed)

made under the

Nature Conservation Act 1980

1. Name of regulation

   This regulation is the Nature Conservation Regulation 1982.

2. Records to be kept for animals

   (1)For the Act, section 112 (1), a person who is the holder of a licence relating to animals who keeps an animal, other than an exempt animal, must keep the following records in relation to the animals kept by the person:

   (a)a record of the number, species and sex of the animals;

   (b)for an animal acquired from another person—

   (i)a record of the species and sex of the animal;

   (ii)a record of the date of receipt of the animal;

   (iii)a record of the name and address of that other person;

   (c)for an animal that dies or escapes from captivity—

   (i)a record of the species and sex of the animal;

   (ii)a record of the date when the animal died or escaped;

   (d)for an animal that is transferred, whether because of a sale or otherwise, to another person—

   (i)a record of the species and sex of the animal;

   (ii)a record of the date of transfer;

   (iii)a record of the name and address of the person receiving the animal.

   (2)However, a person is required to keep a record of the sex of an animal only where it is possible to ascertain, without handling the animal, the sex of that animal.

3. Records to be kept for live fish

   For the Act, section 112 (2), the records to be kept by a person who is the holder of a licence in relation to live fish kept by the person are—

   (a)a record of the species of the fish; and

   (b)for live fish acquired from another person—

   (i)a record of the species of the fish; and

   (ii)a record of the date of receipt of the fish; and

   (iii)a record of the name and address of that other person; and

   (c)for live fish that are transferred, whether because of a sale or otherwise, to a person who is the holder of a licence authorising the sale of live fish—

   (i)a record of the species of the fish; and

   (ii)a record of the date of transfer; and

   (iii)a record of the name and address of the person receiving the fish; and

   (d)for live fish that are exported from the ACT by the person—

   (i)a record of the species of the fish; and

   (ii)a record of the date of export; and

   (iii)a record of the name and address of the person receiving the fish.

4. Records to be kept for plants that are wildlife

   For the Act, section 112 (3), the records to be kept by a person who is the holder of a licence authorising the sale or export from the ACT of native plants are—

   (a)a record of the number and species of plants sold or exported from the ACT; and

   (b)a record of the date when the plants were sold or exported from the ACT; and

   (c)a record of the name and address of the person receiving the plants.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   This regulation was originally called the Nature Conservation Regulations and was originally made under a Commonwealth ordinance—the Nature Conservation Ordinance 1980 No 20 (Cwlth).

   The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT, and the regulations made under them, into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. The Nature Conservation Ordinance 1980 A1980-20 and the Nature Conservation Regulations were converted into ACT enactments on 11 May 1989 (self-government day).

   As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on 11 May 1989 (self-government day).

   This regulation was renamed under the Legislation Act 2001.

   Before 12 September 2001, regulations commenced on their notification day unless otherwise stated (see Interpretation Act 1967 s 50).

   Nature Conservation Regulation 1982 SL1982‑11

   notified 22 June 1982
   commenced 22 June 1982

   as amended by

   Nature Conservation Regulations (Amendment) SL1983‑20

   notified 30 September 1983
   commenced 1 October 1983

   Nature Conservation (Amendment) Act (No 2) 1994 A1994-110 sch 2 pt 2

   notified 22 December 1994 (Gaz 1994 No S289)
   s 1, s 2 commenced 22 December 1994 (s 2 (1))
   sch 2 pt 2 commenced 8 February 1995 (s 2 (2) and Gaz 1995 No S41)

   Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 259

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)

   pt 259 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   as repealed by

   Nature Conservation Act 2014 A2014‑59 s 372

   notified LR 11 December 2014
   s 1, s 2 commenced 11 December 2014 (LA s 75 (1))
   s 372 commenced 11 June 2015 (s 2 (1) and LA s 79)

2. Amendment history

   Name of regulation

   s 1am R3 LA; R4 LA

   Interpretation

   s 2om A2001‑44 amdt 1.2958

   Records to be kept for animals

   s 3am A1994‑110

   Records to be kept for live fish

   s 4am A1994‑110

   Records to be kept for plants that are wildlife

   s 5am A1994‑110

   Licence to take animals—fee

   s 6om SL1983‑20

   Licence to sell animals—fee

   s 7om SL1983‑20

   Licence to import or export—fees

   s 8om SL1983‑20

   Licence to sell fish—fee

   s 9om SL1983‑20

   Licences to pick plants that are wildlife—fees

   s 10om SL1983‑20

   Licence to fell or remove timber—fee

   s 11om SL1983‑20

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	SL1983‑20	30 April 1991
2	SL1983‑20	8 February 1995
3	A2001‑44	30 November 2001
4	A2001‑44	1 November 2004