Nature Conservation (Wildlife Management) Regulation 2006 (QLD)
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Nature Conservation (Wildlife Management) Regulation 2006
Chapter 1 Preliminary
1 Short title
This regulation may be cited as the Nature Conservation (Wildlife Management) Regulation 2006.
2 Commencement
This regulation commences on 21 August 2006.
3 Relationship with Administration Regulation
(1)This regulation must be read together with the Administration Regulation.(2)In overview only, the Administration Regulation—(a)provides for the administrative matters relating to the grant, amendment, suspension, cancellation, surrender and replacement of relevant authorities, including restrictions on the grant of wildlife authorities in addition to restrictions stated in this regulation; and(b)states requirements applying to carrying out activities under a relevant authority, including requirements applying to wildlife authorities in addition to requirements stated in this regulation; and(c)provides for the review of, and appeal against, particular decisions, including decisions of the chief executive, or a conservation officer, under this regulation; and(d)states the procedures applying after a thing is seized under section 346 of this regulation; and(e)states the requirements for records required to be kept under the Act, including records required to be kept by the holder of a wildlife authority under this regulation or a conservation plan; and(f)states the requirements for returns of operations required to be given to the chief executive under the Act, including returns of operations required to be given by the holder of a wildlife authority under this regulation or a conservation plan; and(g)provides for the fees that are payable under the Act; and(h)includes additional general provisions for the Act, including—(i)how demerit points are accumulated; and(ii)the period for which particular documents must be kept under the Act.
4 Application
This regulation applies only to wildlife that is not in a protected area.
5 Interpretation generally
(1)The dictionary in schedule 5 defines particular terms used in this regulation.(2)Subject to subsection (1), and unless this regulation provides otherwise, terms used in this regulation have the same meaning they have in the Administration Regulation.(3)Subsection (2) is not limited to a term defined in the Administration Regulation but also applies to a provision of that regulation aiding the interpretation of a term used in it.Note—
For provisions that aid the interpretation of terms used in the Administration Regulation, see sections 5 to 7 of that regulation.
6 Meaning of commercial purpose
(1)A person does an act for a commercial purpose if the person does the act for gain or reward.(2)Without limiting subsection (1), a person takes, keeps or uses wildlife for a commercial purpose if—(a)the activity for which the wildlife is, or is to be, used—(i)is part of a business; or(ii)is for a business, home occupation or home industry under a local law or a planning scheme; or(b)the person buys or sells, or intends to buy or sell, the wildlife and the proceeds from the sale are, or will be, subject to income tax under a law of the Commonwealth; or(c)the person operates under a business or trading name and the business or trade involves buying or selling wildlife of the same species; or(d)the wildlife is brought into the State for the main purpose of selling the wildlife.(3)Also, without limiting subsection (1), a person displays an animal for a commercial purpose if—(a)the animal is displayed in a public place in a way that another person may reasonably believe it is for sale; or(b)the animal is displayed in a way that promotes a particular product or service or a business name.
6A Meaning of trade for protected plants
(1)A person keeps or uses a protected plant or protected plant part for trade if the person—(a)uses or keeps the plant or plant part for a commercial purpose or a related purpose; orExamples for paragraph (a)—
•a landscape contractor using a protected plant in a landscaping job•a nursery owner using a whole protected plant to produce other whole plants for potential sale•a plant hobbyist selling at a flea market the progeny of a whole protected plant the hobbyist has propagated at their home•a person using seed to propagate a whole protected plant for sale(b)otherwise sells, gives away, buys, obtains or exchanges the plant or plant part for gain, benefit or reward.(2)A person does not use or keep a protected plant or a protected plant part for trade if the person uses or keeps the plant or plant part for the person’s own personal use.
7 Meaning of unauthorised interaction
Each of the following is an unauthorised interaction for a protected animal in the wild—(a)an interaction with the animal, other than photographing or filming the animal in a way that does not disturb or interfere with the animal, for which a person gains a financial benefit;(b)handling or touching the animal;(c)interacting with the animal in a way that will, or may, disturb or interfere with the animal;(d)physically restraining, or placing a physical restraint on, the animal.
7A When whole plant is taken
(1)For this regulation, a whole plant is taken if—(a)for a protected plant other than sandalwood—no part of the plant that may naturally and readily regrow is left behind; or(b)for sandalwood—the trunk or main stem of the plant is taken even if a part of the plant that may naturally and readily regrow is left behind.(2)However, if a person divides a plant into 2 or more viable sections, a whole plant is taken if any of the resulting plants are taken, even if a viable section of the original plant is left behind.(3)Also, if a person takes a plant that propagates by creeping rhizomes, a whole plant is taken if any of the following parts of the plant are taken—(a)a continuous piece of rhizome bearing living fronds;(b)any removed section of joined rhizomes bearing living fronds.
8 Scientific names
The scientific names used for wildlife mentioned in this regulation follow the scientific reference stated for the wildlife in the Wildlife Regulation, section 5.
Chapter 2 Provisions applying to all wildlife authorities
Part 1 Restrictions on grant for all wildlife authorities
9 Purpose of pt 1
The purpose of this part is to state restrictions that apply to the grant of all wildlife authorities.Notes—
1The Administration Regulation, section 32, contains other restrictions on grant applying to all wildlife authorities.2The Nature Conservation (Koala) Conservation Plan 2017, sections 13 and 14 contain other restrictions on grant applying to most wildlife authorities.
10 Who may obtain wildlife authority
(1)The chief executive may grant a wildlife authority to a person.(2)However, the chief executive can not grant a wildlife authority for an animal to an individual younger than—(a)for a recreational wildlife licence, commercial wildlife harvesting licence, recreational wildlife harvesting licence, or a permit for an animal—13 years; or(b)for another wildlife authority for an animal—18 years.(3)Also, the chief executive may grant a wildlife authority, other than a wildlife movement permit, to a corporation only if the corporation has an office in the State.(4)In this section—wildlife authority includes a commercial wildlife licence (wildlife interaction) and a wildlife movement permit.
11 General restriction on grant of wildlife authorities
(1)The chief executive may grant a wildlife authority only if the chief executive is satisfied—(a)the activities to be carried out under the authority are not likely to adversely affect the ecological sustainability of any wildlife; and(b)if the authority is for wildlife that has been taken, kept or used before the authority is granted—the wildlife has been lawfully taken, kept or used.Note—
See also section 137 of the Act.(2)In this section—wildlife authority includes a commercial wildlife licence (wildlife interaction) and a wildlife movement permit.
11A General restriction on grant of wildlife authorities in dugong protection areas
(1)The chief executive may grant a wildlife authority authorising a person to take, keep or use protected wildlife in a dugong protection area only if the chief executive is satisfied the taking, keeping or using of the protected wildlife is not likely to significantly reduce the local dugong population or significantly harm dugong habitat.(2)In this section—dugong protection area means regulated waters, described in the Fisheries Declaration 2019, schedule 1, that have a name that includes either of the following terms—(a)greater dugong protection area;(b)dugong protection area.
12 Wildlife authority must not authorise taking protected animal by using regulated substance
(1)The chief executive can not grant a wildlife authority authorising a person to take a protected animal by using a regulated substance if—(a)the use of the substance on the animal is prohibited under an Act; or(b)an Act requires a person using the regulated substance on the animal to hold a particular authority and the person does not hold the authority.(2)In this section—regulated substance means a substance, including, for example, a poison or other toxic substance the use of which is regulated under an Act.
13 Restriction on grant about places where animals to be kept
The chief executive can not grant a wildlife authority for an animal if the chief executive reasonably believes the place where the animal is to be kept, under the authority, is not appropriate, or does not have the appropriate facilities, for keeping the animal, including, for example—(a)because the place does not have facilities that will enable a person keeping the animal at the place to keep the animal in a way that complies with requirements about housing the animal, under this regulation or a relevant code of practice for the animal; orNote—
Section 331 contains requirements about housing and care of live protected animals.(b)because the place does not comply with requirements, under this regulation, for places where activities under wildlife authorities of the same type are to be carried out.
14 Wildlife authority must be for only 1 licensed premises
The chief executive may grant a wildlife authority for an animal for only 1 licensed premises.
Part 2 Activities authorised by all or most relevant authorities
15 Conservation plan may limit or extend activities authorised by wildlife authority
(1)A provision of this regulation stating what the holder of a wildlife authority, or a relevant person for the holder, may or may not do under the authority is subject to any provision of a conservation plan for the wildlife about what the holder or relevant person may or may not do under the authority.Note—
The Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 includes limitations on activities authorised under particular wildlife authorities. See part 4, division 2, of that plan.(2)This section does not apply to a provision of this regulation, or a conservation plan, that creates an offence.
16 Wildlife authority only authorises keeping, using and moving of lawfully obtained wildlife
(1)The holder of a wildlife authority, or a relevant person for the holder, may only keep, use or move wildlife under the authority if the wildlife was lawfully obtained by the holder or a relevant person for the holder.Notes—
1Under section 88(5) of the Act, it is an offence for a person, other than an authorised person, to keep or use a protected animal, or a descendant of a protected animal, that has not been lawfully taken unless the keeping or use is authorised under the Act.2Under section 90A of the Act, it is an offence for a person, other than an authorised person, to keep or use native wildlife that the person ought to have reasonably suspected was not lawfully taken unless the State has, under the Act, disposed of the native wildlife to the person.3Under section 89(4) of the Act, it is an offence for a person to keep or use a protected plant that has been taken in contravention of section 89(1) of the Act.4Part 5, divisions 4 to 6 of the Act contain other restrictions about keeping, using or moving wildlife.(2)In this section—wildlife authority includes a commercial wildlife licence (wildlife interaction) and a wildlife movement permit.
17 Particular wildlife authorities for animals limited to only live or dead species
(1)This section applies if—(a)a wildlife authority is for—(i)only a live animal of a particular species; or(ii)only a dead animal of a particular species; and(b)the authority authorises the holder of the authority, or a relevant person for the holder, to take, keep, use, process or move an animal of the species identified on the authority.(2)The holder or relevant person may only take, keep, use, process or move—(a)for a wildlife authority for only a live animal of a particular species—a live animal of the species identified on the authority; and(b)for a wildlife authority for only a dead animal of a particular species—a dead animal of the species identified on the authority.(3)In this section—wildlife authority includes a commercial wildlife licence (wildlife interaction) and a wildlife movement permit.
18 Limitation for wildlife authorities for taking animal by killing the animal
(1)This section applies if—(a)a wildlife authority authorises the holder of the authority, or a relevant person for the holder, to—(i)take an animal of a species identified on the authority only by killing the animal; and(ii)keep, use, process or move an animal of a species identified on the authority; and(b)the authority does not state whether it is for a live or dead animal of the species.(2)The holder or relevant person may—(a)take only a live animal of the species identified on the authority by killing the animal; and(b)keep, use, process or move only a dead animal of the species identified on the authority.
19 Wildlife authorities for protected plants limited to species identified on authority
(1)This section applies if—(a)a wildlife authority authorises the holder of the authority, or a relevant person for the holder, to take or use protected plants; and(b)states—(i)the particular species of protected plants to which it applies; or(ii)that the authority applies only to whole protected plants of a species identified on the licence; or(iii)that the authority applies only to protected plant parts of a species identified on the licence.(2)The holder or relevant person may take or use only—(a)if the authority states the species of protected plants to which it applies—protected plants of a species identified on the authority; and(b)if the authority states the authority applies only to whole protected plants of a species identified on the licence—whole protected plants of the species identified on the authority; and(c)if the authority states the authority applies only to protected plant parts of a species identified on the licence—protected plant parts of the species identified on the authority.
20 Meaning of number on wildlife authority
(1)This section applies if—(a)a wildlife authority authorises a person to take, keep, use, process or move wildlife; and(b)the authority has a number written opposite the species of wildlife for which the authority is granted.(2)Unless otherwise stated on the authority, a person may take, keep, use, process or move, for the duration of the authority, no more than the number of wildlife of the species stated opposite the species.Examples—
1A commercial wildlife harvesting licence authorises a person to take, keep or use particular animals and the licence has the following written on it without any explanation about the meaning of the numbers—•carpet python—5•spotted python—2.The person may take, keep or use, under the licence, not more than 5 carpet pythons and not more than 2 spotted pythons for the whole duration of the licence.
2A rehabilitation permit authorises a person to take, keep or use particular animals and the licence has the following written on it and states that the number indicates the number of animals that may be taken, kept or used at any given time—•bar-shouldered dove—3•emerald dove—5.The person may take, keep or use, under the permit, not more than 3 bar-shouldered doves, and not more than 5 emerald doves, at any given time while the permit is in force.
(3)In this section—wildlife authority includes a commercial wildlife licence (wildlife interaction) and a wildlife movement permit.
21 Particular wildlife authorities authorise engaging in unauthorised interaction
(1)This section applies to a wildlife authority that authorises the holder of the authority, or a relevant person for the holder, to take an animal of the species identified on the authority.(2)The holder or relevant person may, without a commercial wildlife licence (wildlife interaction), engage in an unauthorised interaction for an animal of the species in the wild, if the interaction is part of an activity carried out under the authority.
22 Animals may be moved from place of taking to place of keeping
(1)This section applies to a wildlife authority authorising the holder of the authority, or a relevant person for the holder, to take an animal under the authority, if the licensed premises for the authority is in the State or another State.(2)The holder or relevant person may, without a wildlife movement permit, move the animal from the place where the animal was taken to—(a)the licensed premises; or(b)another authorised premises for the animal that is in the State or another State.(3)Also, if the authority is a commercial wildlife harvesting licence or a recreational wildlife harvesting licence, the holder or relevant person may, without a wildlife movement permit, move the animal—(a)from the place where the animal was taken to another place where the holder intends to take other animals under the licence; and(b)from the place, mentioned in paragraph (a), where the holder intends to take other animals under the licence to—(i)the licensed premises; or(ii)another authorised premises for the animal that is in the State or another State.(4)However, subsection (2) authorises the holder of a rehabilitation permit, or a relevant person for the holder, to move an animal into the State only if the chief executive has written on the permit that the holder or relevant person may bring an animal taken in another State into the State for keeping it in the State.(5)Also, for subsections (2) and (3), if the licensed premises or other authorised premises is in another State, the holder or relevant person must fill in a movement advice for the movement before the movement happens.Maximum penalty—50 penalty units.
(6)Further, this section does not authorise the movement of a prescribed protected animal 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.
23 Animals may be moved to particular authorised buyers
(1)This section applies if the holder of a wildlife authority, or a relevant person for the holder, sells or gives, under the authority, an animal to an authorised buyer for the animal.(2)The holder, relevant person or buyer may, without a wildlife movement permit, move the animal from the place where the holder or relevant person keeps the animal to the place where the buyer intends to keep the animal.(3)However, the holder or relevant person must fill in a movement advice for the movement before the movement happens.Maximum penalty—50 penalty units.
(4)Subsection (3) does not apply to—(a)the movement of a controlled animal to a person intending to keep the animal under section 46; or(b)the movement of a protected fish to a person intending to keep the fish under section 51; or(c)the movement of a protected scorpion or spider to a person intending to keep the scorpion or spider under section 54.(5)This section does not apply to a live special native animal.(6)Also, this section does not authorise the movement of a prescribed protected animal—
(a)to another country; or(b)into another State if the movement is, whether directly or indirectly, associated with—(i)moving the animal to another country; or(ii)selling, giving or moving the animal to a person in another country.
24 Animals may be moved from interstate sellers
(1)This section applies if—(a)the holder of a wildlife authority, or a relevant person for the holder, buys or accepts, under the authority, an animal from an authorised interstate seller for the animal; and(b)the licensed premises for the authority is in the State or another State.(2)The holder, relevant person or seller may, without a wildlife movement permit, move the animal from the place where the seller keeps the animal to—(a)the licensed premises for the wildlife authority; or(b)another authorised premises for the animal that is in the State or another State.(3)However, the holder or relevant person must fill in a movement advice for the movement before the movement happens.Maximum penalty—50 penalty units.
(4)This section does not apply to—(a)a live special native animal; or(b)a dead crocodile or emu.(5)Also, this section does not authorise the movement of a prescribed protected animal 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.
25 Animals may be moved for private reasons
The holder of a wildlife authority, or a relevant person for the holder, who keeps an animal under the authority may, without a wildlife movement permit, move the animal—(a)on the land on which the authorised premises for the animal are located; 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 the Administration Regulation, section 79, for the requirement to notify the chief executive of a change of an address stated on a wildlife authority.
26 Live animals may be moved to and from veterinary surgeon
(1)The holder of a wildlife authority, or a relevant person for the holder, who keeps a live animal in the State under the authority may, without a wildlife movement permit, move the animal—(a)from the place where the animal is being kept (the place of keeping) to the premises of a veterinary surgeon for treatment or care for the animal; or(b)from the premises of a veterinary surgeon who treated or cared for the animal to the place of keeping.(2)However, if the premises of the veterinary surgeon is outside the State, subsection (1)(a) applies only if the holder or relevant person ensures the animal is moved back to the place of keeping as soon as practicable after the treatment or care is given.(3)Subsection (2) does not apply if the animal dies.
27 Live animals may be moved to and from display
(1)This section applies to the holder of any of the following licences, or a relevant person for the holder, who keeps a live protected, international or prohibited animal in the State under the licence—(c)wildlife farming licence;(d)museum licence.(2)The holder or relevant person may, without a wildlife movement permit, move the animal—(a)from the licensed premises for the licence to a place in the State or another State where the animal is to be displayed under the licence; or(b)from a place in the State or another State where the animal was displayed under the licence to another place in the State or another State where the animal is to be displayed under the licence; or(c)from a place in the State or another State where the animal was displayed under the licence to the licensed premises for the licence.(3)However, subsection (2) applies only if the holder or relevant person ensures the animal is moved back to the licensed premises for the licence as soon as practicable after the animal stops being displayed under the licence.(4)Also, if the movement is into or out of the State, the holder or relevant person must fill in a movement advice for the movement before the movement happens.Maximum penalty for subsection (4)—50 penalty units.
28 [Repealed]
29 [Repealed]
Part 3 Carrying out activities under wildlife authority
30 Persons to whom holders may sell or give wildlife
(1)This section applies if—(a)a person keeps wildlife under a wildlife authority; and(b)the authority authorises the holder of the authority, or a relevant person for the holder, to sell or give away the wildlife.(2)The holder or relevant person must not sell or give the wildlife to a person other than—(a)for a commercial wildlife harvesting licence—(i)if a conservation plan states the holder of the licence may sell or give the wildlife only to a particular person—the particular person; or(ii)otherwise—the holder of a commercial wildlife licence for the wildlife, or another person if the chief executive has given the holder of the commercial wildlife harvesting licence written approval to sell or give the wildlife to the other person; or(b)for another licence—a person who is authorised to buy or accept the wildlife under the Act, the Exhibited Animals Act 2015 or a law of another State.Maximum penalty—120 penalty units.
31 Persons from whom holders may buy or accept wildlife
(1)This section applies if a wildlife authority authorises the holder of the authority, or a relevant person for the holder, to—(a)buy or accept wildlife; and(b)keep wildlife.(2)The holder or relevant person must not buy or accept the wildlife from a person other than a person who is authorised to sell or give away the wildlife under the Act, the Exhibited Animals Act 2015 or a law of another State.Note—
The Nature Conservation (Macropod) Conservation Plan 2017 includes other restrictions applying to the buying or accepting of dead macropods under a commercial wildlife licence for dead macropods.Maximum penalty—120 penalty units.
32 Compliance with chief executive’s directions about sampling or implanting
(1)The chief executive may give the holder of a wildlife authority, or a relevant person for the holder, who keeps a live protected, international or prohibited animal under the authority, a notice requiring the holder or relevant person to—(a)take a biological tissue sample of the animal and give the sample to an approved scientific institution; or(b)insert an approved electromagnetic implant into the animal and give the chief executive a notice stating the identification code for the implant.(2)The notice must state the period, of at least 28 days, within which the holder or relevant person must comply with the notice.(3)The holder or relevant person must comply with the notice within the stated period.Maximum penalty for subsection (3)—165 penalty units.
33 Dealing with animals after death—sampled or implanted animals
(1)This section applies if—(a)the holder of a wildlife authority, or a relevant person for the holder, keeps a live animal under the authority; and(b)either—(i)a biological tissue sample was taken from the animal and given to an approved scientific institution; or(ii)an approved electromagnetic implant was inserted into the animal and the chief executive was given a notice stating the identification code for the implant; and(c)the animal dies.(2)The holder or relevant person must ensure either—(a)within 14 days after the animal dies, an autopsy is performed on the animal by a veterinary surgeon and the chief executive is given the following—(i)a biological tissue sample taken from the animal under the autopsy;(ii)if an electromagnetic implant was inserted into the animal—the implant;(iii)if an electromagnetic implant was inserted into the animal and the veterinary surgeon finds the implant was not working—a written report prepared by the veterinary surgeon stating the reason why the implant was not working; 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.Maximum penalty—120 penalty units.
(3)A holder or relevant person dealing with an animal under this section may, without a wildlife movement permit, move the animal—(a)if the holder or relevant person intends to have a veterinary surgeon perform an autopsy on the animal—from the place where the holder or relevant person kept the animal to the premises of the veterinary surgeon; and(b)if the holder or relevant person intends to give the frozen animal to the chief executive—from the place where the holder or relevant person kept the animal to the chief executive.(4)This section does not apply if a conservation plan states the way an animal to which the plan applies must be dealt with if it dies while being kept under a wildlife authority.
34 Dealing with animals after death—other animals
(1)This section applies if—(a)the holder of a wildlife authority, or a relevant person for the holder, keeps a live animal under the authority; and(b)the animal dies; and(c)the authority does not authorise the holder or relevant person to sell or give away a dead animal of the same species; and(d)section 33 does not apply.(2)The holder or relevant person may deal with the animal only in 1 of the following ways—(a)by selling or giving the animal to—(i)the holder of a commercial wildlife licence for the dead animal, or a relevant person for the holder of a commercial wildlife licence; or(ii)the holder of a museum licence for the dead animal, or a relevant person for the holder of a museum licence;(b)by giving the animal to the holder of a commercial wildlife licence for the dead animal, or a relevant person for the holder of a commercial wildlife licence, for processing and reclaiming the animal after it is processed;(c)by incinerating or burying the animal.(3)A holder or relevant person dealing with an animal under this section may, without a wildlife movement permit, move the animal—(a)if the animal is sold or given to the holder of a commercial wildlife licence or a museum licence for the dead animal—to the licensed premises for the commercial wildlife licence or museum licence; or(b)if the animal is to be buried or incinerated—to the place where the animal is to be buried or incinerated.(4)However, if the holder or relevant person sells or gives the animal to a person acting under a commercial wildlife licence or museum licence, the holder or relevant person must fill in movement advice for the movement before the movement happens.Maximum penalty—50 penalty units.
(5)To remove any doubt, it is declared that the wildlife authority authorises the holder of the authority, or a relevant person for the holder, to deal with the animal in the way stated in subsection (2).(6)This section does not apply if a conservation plan states the way an animal to which the plan applies must be dealt with if it dies while being kept under a wildlife authority.(7)In this section—wildlife authority means a wildlife authority other than a rehabilitation permit.
35 Assistance to conservation officers
(1)The holder of a wildlife authority, or a relevant person for the holder, must—(a)allow a conservation officer to access and inspect the wildlife at any reasonable time; and(b)if asked by the conservation officer—give the officer all necessary help to enable the officer to do any of the following—(i)photograph the wildlife;(ii)if the wildlife is a live animal—(A)obtain or check the animal’s biological tissue sample; or(B)if an electromagnetic implant has been inserted into the animal—identify the identification code for the implant; or(C)insert an electromagnetic implant into the animal.Maximum penalty—165 penalty units.
(2)In this section—wildlife authority includes a commercial wildlife licence (wildlife interaction) and a wildlife movement permit.
Chapter 3 Taking, keeping, using, moving or dealing with animals
Part 1 Taking, keeping, using, moving or dealing with protected animals other than under wildlife authority
36 Purpose of pt 1
The purpose of this part is to state the circumstances in which the taking, keeping, using or moving of, or dealing with, protected animals is authorised under the Act, other than under a wildlife authority.
37 Authorised keeper in another State
A person who is an authorised keeper in another State for an animal of a species that is a protected animal may, without a wildlife authority—(a)buy or accept an animal of the species from a person authorised to sell or give away the animal under the Act; and(b)keep the animal in the other State.
38 Authorised keeper in another country
A person who is an authorised keeper in another country for an animal of a species that is a protected animal may, without a wildlife authority—(a)buy or accept an animal of the species from a person authorised to sell or give away the animal under the Act; and(b)keep the animal in the other country.
39 Veterinary surgeons
(1)A veterinary surgeon may take, keep and use a live protected animal, without a wildlife authority for taking, keeping or using the animal, if the animal is taken, kept or used for providing treatment or care for the animal.(2)Also, the surgeon may euthanase the animal if the surgeon reasonably believes the animal—(a)is sick or injured to the extent that the animal is unable or unlikely to recover from the sickness or injury; or(b)is unable or unlikely to survive in the wild because the animal is orphaned.(3)If the animal dies or the surgeon has euthanased the animal under subsection (2), the surgeon may, without a wildlife movement permit, move the animal from the place where the surgeon keeps the animal to—(a)the place where the animal is to be buried or incinerated; or(b)if the chief executive has asked the surgeon to move the animal to another place—the other place.
40 Particular government officers or employees
(1)This section applies to an officer or employee of—(a)a local government; or(b)a rail government entity; or(c)the department in which the Transport Operations (Road Use Management) Act 1995 is administered.(2)The officer or employee may take a dead protected animal from public land, without a wildlife authority for taking the animal, if—(a)it is necessary or desirable for the officer or employee to take the animal, including, for example, for the performance of a function or the exercise of a power under an Act; and(b)the animal is to be—(i)buried or incinerated; or(ii)moved to another place where the animal will not pose a risk to the officer or employee or to public safety; or(iii)if the chief executive has directed the officer or employee to deal with the animal in a particular way—dealt with in the way directed.Examples of when it may be necessary or desirable to take a dead protected animal——
1to remove the animal from a road to ensure the free and safe movement of traffic on the road2to remove the animal from a public place to maintain health and wellbeing of persons attending the place(3)Also, the officer or employee may, without a wildlife movement permit, move the dead animal from the place where the animal is taken to—(a)the place where the animal is to be buried or incinerated; or(b)if subsection (2)(b)(ii) applies—the other place; or(c)if the chief executive has asked the person to move the animal to another place—the other place.(4)In this section—officer or employee, of an entity mentioned in subsection (1)(a), (b) or (c), includes a contractor, employee of a contractor, and subcontractor of the entity.public land means—(a)a State-controlled road under the Transport Infrastructure Act 1994; or(b)a road controlled by a local government; or(c)land dedicated as a reserve for community purposes under the Land Act 1994 for which a local government is trustee; or(d)a railway managed by a rail government entity.
40A Exemptions for railway managers
(1)A railway officer of a railway manager may, without a wildlife authority for taking the animal or a wildlife movement permit, and on the conditions the chief executive decides and notifies to the railway manager—(a)take a dead protected animal from a railway managed by the railway manager to a place; and(b)move the dead animal from the place to which the animal is taken to another place.(2)The conditions may include—(a)the manner in which the animal is to be dealt with following its taking or movement; and(b)the records the railway manager must keep for things done under subsection (1), the manner in which the records are kept and access to the records.(3)This section does not apply to a rail government entity.(4)In this section—railway manager see the Transport Infrastructure Act 1994, schedule 6.railway officer, of 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 a railway manager; or(c)an employee of a contractor mentioned in paragraph (a) or (b); or(d)another person approved by the chief executive by written notice to the railway manager.related body corporate has the meaning given in the Corporations Act.
41 Australian Defence Force
A member of the Australian Defence Force may take and keep a least concern animal from land owned by the Commonwealth if—(a)the animal is to be used for training members of a part of the defence force about survival in the wild; and(b)the use of the animal is, or will be, consistent with the military standing order prepared for the part of the defence force.
41A Local government dealing with flying-fox roost in urban flying-fox management area
(1)This section applies to a local government dealing with a flying-fox roost located in an urban flying-fox management area in the local government area.(2)However, this section does not apply to an area for which the local government has been granted a flying-fox roost management permit.(3)The local government may, without a wildlife authority, do any of the following—(a)destroy a flying-fox roost;(b)drive away, or attempt to drive away, a flying-fox from a flying-fox roost;(c)disturb a flying fox in a flying-fox roost.(4)The local government may take action under subsection (3) only in a way that complies with the flying-fox roost management code.(5)In this section—local government includes a person acting under the authority of a local government.
41B Low impact activities affecting a flying-fox roost
(1)A person may, without a wildlife authority, do any of the following to or near 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;Note—
The clearing of vegetation is regulated by the Vegetation Management Act 1999.(e)use a hose or water sprinkler near the tree;(f)build, maintain or remove infrastructure near the tree.(2)A person may take action 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.
42 Animals taken under Aboriginal tradition or Island custom authority for protected area
(1)This section applies if—(a)a relevant person for the holder of an Aboriginal tradition authority takes an animal from a protected area under the authority; or(b)a relevant person for the holder of an Island custom authority takes an animal from a protected area under the authority.(2)The relevant person may—(a)without a wildlife movement permit, move the animal from the protected area from which the animal was taken to the place where the person intends to keep or use the animal under paragraph (b) or (c); and(b)keep the animal; and(c)use the animal if the use is for the personal, domestic or non-commercial communal needs of the members of the corporation to whom the authority is granted.
(3)However, subsection (2)(a) does not authorise the movement of a prescribed protected animal, whether from the State or another State, to another country.
43 Marine turtle or dugong taken under Aboriginal tradition or Island custom
(1)A person may take, keep and use a protected marine turtle or dugong, without a wildlife authority for taking, keeping and using the turtle or dugong, if—(a)the person—(i)takes the turtle or dugong under Aboriginal tradition or Island custom; and(ii)holds a permit or other authority granted under the Marine Parks Act 2004 or the Great Barrier Reef Marine Park Act 1975 (Cwlth) that authorises the person to take the turtle or dugong; or(b)the person takes the turtle or dugong under a traditional use of marine resources agreement allowing the person to take the turtle or dugong.(2)Also, the person may, without a wildlife movement permit, move the turtle or dugong from the place from where the turtle or dugong is taken to the place where the person intends to keep or use the turtle or dugong.(3)However, subsection (2) does not authorise the movement of a prescribed protected animal, whether from the State or another State, to another country.(4)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 2008, part 6, division 1; 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.
43A Keeping and use of dead marine mammals
(1)The chief executive may give a dead marine mammal to—(a)a traditional owner for the land or waters from which the mammal was taken or on or in which the mammal was found; or(b)a person nominated by a person mentioned in paragraph (a).(2)If a person is given a dead marine mammal under subsection (1), the person may keep or use the mammal if the keeping or use is for the personal, domestic or non-commercial communal needs of a community or group of Aboriginal people or Torres Strait Islanders.(3)In this section—representative Aboriginal/Torres Strait Islander body has the meaning given by the Native Title Act 1993 (Cwlth).traditional owner, for land or waters, means a person of Aboriginal or Torres Strait Islander descent who—(a)is recognised in the Aboriginal or Torres Strait Islander community generally, or by a representative Aboriginal/Torres Strait Islander body for an area that includes the land or waters—(i)as having spiritual or cultural affiliations with the land or waters; or(ii)as holding native title in relation to the land or waters; and(b)is entitled to undertake activities under Aboriginal tradition or Island custom on the land or in the waters.
44 Keeping and using exempt animals
(1)A person may buy or accept, keep and use an exempt animal, without a wildlife authority for keeping and using the animal, if before the person bought or accepted the animal—(a)it was taken, kept and used lawfully; or(b)the parents of the animal were taken, kept and used lawfully.(2)However, the person must not—(a)buy or accept 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(b)sell or give the animal to a person who is not authorised to buy or accept the animal under the Act or a law of another State.Maximum penalty—20 penalty units.
(3)Also, if the person keeps a prescribed exempt bird at a place used for a commercial purpose, the person must, as soon as practicable after the person bought or accepted the bird—(a)apply, to the chief executive, for—(i)a record book for keeping a record for the bird; or(ii)an approval of an electronic record system for keeping a record for the bird; and(b)pay the prescribed fee for the book or approval.Maximum penalty—10 penalty units.
(4)Further, after the chief executive supplies the book or approves the system, the person must keep a record for the bird.Note—
For the requirements for records required to be kept under the Act, see the Administration Regulation, part 6.Maximum penalty—120 penalty units.
(5)In this section—prescribed exempt bird means any of the following—(a)a galah (Cacatua roseicapilla);(b)a little corella (Cacatua sanguinea);(c)a long-billed corella (Cacatua tenuirostris);(d)a princess parrot (Polytelis alexandrae);(e)a rainbow lorikeet (Trichoglossus haematodus haematodus);(f)a scarlet-chested parrot (Neophema splendida);(g)a sulphur-crested cockatoo (Cacatua galerita);(h)a twenty-eight parrot (Barnardius zonarius semitorquatus);(i)a western corella (Cacatua pastinator).
44A Breeding mutation of exempt birds authorised
A person who keeps and uses an exempt bird under section 44 may breed a mutation of the bird.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.
45 Moving exempt animals
(1)This section applies to a person (the exempt person) who keeps, or intends to keep, an exempt animal under section 44.(2)The person may, without a wildlife movement permit, move the animal to or from any place in or outside of the State.(3)However, subsection (2) does not authorise the movement of a prescribed protected animal—(a)to another country; or(b)into another State if the movement is, whether directly or indirectly, associated with—(i)moving the animal to another country; or(ii)selling, giving or moving the animal to a person in another country.
46 Keeping or using controlled animals
(1)A person, other than the holder of a wildlife authority for keeping controlled animals, (the exempt person) may buy or accept and keep a live controlled animal without a wildlife authority for keeping and using the animal if—(a)before the person bought or accepted the animal, it was taken, kept and used lawfully; and(b)the animal is kept for the person’s private enjoyment.(2)Also, the exempt person may—(a)sell or give away the animal, without a wildlife authority for using the animal, to—(i)the holder of a wildlife authority, or a relevant person for the holder of a wildlife authority, who is authorised to buy or accept the animal; or(ii)another person if the chief executive has given the exempt person written approval to sell or give the animal to the other person; and(b)if the animal dies—sell or give the dead animal, without a wildlife authority for using the dead animal, to the holder of a commercial wildlife licence for the dead animal, or a relevant person for the holder of a commercial wildlife licence for the dead animal.Note—
See section 337 for requirements about records of identification details of the person from whom a person buys or accepts protected, international or prohibited wildlife.(3)However, the person must keep an animal bought or accepted by the person for at least 6 months after the person receives the animal unless—(a)the person has written approval from the chief executive to sell or give away the animal within 6 months after the person received the animal; or(b)the animal dies or escapes; or(c)if the animal is a bird—the person bought or accepted the bird for rearing the bird and the bird fledges within 6 months after the person received the bird.Maximum penalty—20 penalty units.
(4)Further, the person must not—(a)buy or accept 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(b)deal with more than 10 live animals of the same class in any period of 12 months; or(c)display the animal for a commercial purpose.Maximum penalty—20 penalty units.
(5)In this section—deal with means—(a)buy or accept; or(b)sell or give away.
46A Breeding mutation of controlled birds authorised
A person who keeps a controlled bird under section 46 may breed a mutation of the bird.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.
47 Moving controlled animals from seller to exempt person
(1)This section applies to a person (the exempt person) who buys or accepts a controlled animal, from another person, for keeping the animal under section 46.(2)The exempt person or other person may, without a wildlife movement permit, move the animal from the place where the other person kept the animal to the place where the exempt person intends to keep the animal.(3)However, before the movement happens a movement advice for the movement must be filled in by—(a)if the exempt person buys or accepts the animal from an authorised interstate seller—the exempt person; or(b)otherwise—the other person.Note—
See section 337 for requirements about records of identification details of the person from whom a person buys or accepts protected, international or prohibited wildlife.Maximum penalty for subsection (3)—50 penalty units.
48 Moving controlled animals from exempt person to buyer
(1)This section applies to a person (the exempt person) who keeps an animal under section 46 and sells or gives the animal to another person.(2)The exempt person or the other person may, without a wildlife movement permit, move the animal from the place where the exempt person keeps the animal to the place where the other person intends to keep the animal.(3)However, the exempt person must fill in a movement advice for the movement before the movement happens.Maximum penalty—50 penalty units.
Note—
See section 338 for requirements about records of identification details of the person to whom a person sells or gives protected, international or prohibited wildlife.(4)Subsection (2) does not authorise the movement of a prescribed protected animal—(a)to another country; or(b)into another State if the movement is, whether directly or indirectly, associated with—(i)moving the animal to another country; or(ii)selling, giving or moving the animal to a person in another country.
49 Particular reptiles
(1)This section applies to a person who on 1 March 2004 lawfully kept, other than under a wildlife authority, a commercial or recreational reptile that was lawfully taken from the wild other than under a wildlife authority.(2)The person may—(a)keep the reptile without a wildlife authority for keeping the reptile; or(b)release the reptile into the wild at the place from where the person took the reptile.(3)However, if the reptile produces offspring, the person must release the offspring into the wild in the way stated in the reptile and amphibian code within 14 days after—(a)for a reptile that produces offspring by giving birth to the offspring—the day the offspring is born; or(b)for a reptile that produces offspring by laying an egg—the day the egg hatches.Maximum penalty—80 penalty units.
(4)In this section—lawfully, in relation to taking or keeping a reptile, means to take or keep the reptile in a way that is authorised under the Act.
50 Least concern amphibians
(1)This section applies only to a person who does not hold a wildlife authority for taking, keeping or using amphibians.(2)The person may catch and keep a least concern amphibian from the person’s land, without a wildlife authority for taking and keeping the amphibian.(3)However, the person—(a)must keep the amphibian—(i)on the person’s land; and(ii)only for the person’s private enjoyment; and(b)must not keep—(i)more than 8 least concern amphibians; or(ii)more than 2 least concern amphibians of the same species.Maximum penalty—20 penalty units.
(4)Also, if the amphibian produces offspring, the person must, within 7 days after the offspring’s metamorphosis, release the offspring into the wild in the way stated in the reptile and amphibian code.Maximum penalty—80 penalty units.
(5)For subsection (3)(b), tadpoles are not counted in the number of amphibians kept by a person or the number of species of amphibians kept by a person.
51 Keeping or using particular protected fish for recreational purpose
(1)A person may buy or accept, keep and use a protected fish of the following species, without a wildlife authority for keeping and using the fish, if the fish is not kept or used for a commercial purpose—(a)Elizabeth Springs goby (Chlamydogobius sp. A);(b)Edgbaston goby (Chlamydogobius sp. B);(c)red-finned blue-eye (Scaturinginichthys vermeilipinnis);(d)oxleyan pygmy perch (Nannoperca oxleyana);(e)honey blue-eye (Pseudomugil mellis).(2)However, the person must not—(a)buy or accept the fish from a person who is not authorised to sell or give away the fish under the Act or a law of another State; or(b)sell or give the fish to a person who is not authorised to buy or accept the fish under the Act or a law of another State.Maximum penalty for subsection (2)—20 penalty units.
52 Moving protected fish kept for recreational purpose from seller to exempt person
(1)This section applies if a person (the exempt person) buys or accepts protected fish, from another person, for keeping the fish under section 51.(2)The exempt person or other person may, without a wildlife movement permit, move the fish from the place where the other person kept the fish to the place where the exempt person intends to keep the fish.Note—
See section 337 for requirements about records of identification details of the person from whom a person buys or accepts protected, international or prohibited wildlife.
53 Moving protected fish kept for recreational purpose from exempt person to buyer
(1)This section applies if a person (the exempt person) keeps protected fish under section 51 and sells or gives the fish to another person.(2)The exempt person or the other person may, without a wildlife movement permit, move the fish from the place where the exempt person keeps the fish to the place where the other person intends to keep the fish.Note—
See section 338 for requirements about records of identification details of the person to whom a person sells or gives protected, international or prohibited wildlife.
54 Taking, keeping and using protected scorpions or spiders for recreational purpose
(1)A person may take, keep and use a protected scorpion or spider, without a wildlife authority for taking, keeping and using the scorpion or spider, if the scorpion or spider is not taken, kept or used for a commercial purpose.(2)However, the person must not—(a)buy or accept the scorpion or spider from a person who is not authorised to sell or give away the scorpion or spider under the Act or a law of another State; or(b)sell or give the scorpion or spider to a person who is not authorised to buy or accept the scorpion or spider under the Act or a law of another State.Maximum penalty for subsection (2)—20 penalty units.
55 Moving protected scorpion or spider kept for recreational purpose from seller to exempt person
(1)This section applies if a person (the exempt person) buys or accepts a protected scorpion or spider, from another person, for keeping the scorpion or spider under section 54.(2)The exempt person or other person may, without a wildlife movement permit, move the scorpion or spider from the place where the other person kept the scorpion or spider to the place where the exempt person intends to keep the scorpion or spider.Note—
See section 337 for requirements about records of identification details of the person from whom a person buys or accepts protected, international or prohibited wildlife.
56 Moving protected scorpion or spider kept for recreational purpose from exempt person to seller
(1)This section applies if a person (the exempt person) keeps a protected scorpion or spider under section 54 and sells or gives the scorpion or spider to another person.(2)The exempt person or the other person may, without a wildlife movement permit, move the scorpion or spider from the place where the exempt person keeps the scorpion or spider to the place where the other person intends to keep the scorpion or spider.Note—
See section 338 for requirements about records of identification details of the person to whom a person sells or gives protected, international or prohibited wildlife.
57 Educational or scientific purposes
(1)This section applies to a protected animal that—(a)was taken or kept under a licence, permit or other authority under the Act or a law of another State; and(b)is in the State.(2)A person may, without a wildlife authority for using the animal, use part of the animal if—(a)the person is a person to whom an educational purposes permit or scientific purposes permit for using the part of the animal may be granted; and(b)the part of the animal is used for—(i)scientific research at a tertiary or other institution administered by the Commonwealth or a State or an entity that is involved in scientific research; or(ii)teaching at an educational institution or organisation.Notes—
1Section 190 includes a restriction about persons to whom an educational purposes permit for an animal may be granted.2Section 218 includes a restriction about persons to whom a scientific purposes permit may be granted.
58 Sick or injured protected marine mammals and turtles
(1)This section applies to a sick or injured protected marine mammal or marine turtle.(2)A person may take and keep the mammal or turtle, without a wildlife authority for taking and keeping the mammal or turtle.(3)Also, the person may, without a wildlife movement permit, move the animal—(a)from the place where the person takes possession of the animal to a place in the State where the person intends to care for the animal; or(b)to 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(c)if a conservation officer directs, under subsection (4)(b), the person to move the animal to another place—to the other place.(4)However, the person must—(a)notify, as soon as practicable, a conservation officer that the person has taken possession of the mammal or turtle; and(b)if the conservation officer directs the person to deal with the mammal or turtle in a particular way—deal with the mammal or turtle in the way directed.Maximum penalty for subsection (4)—20 penalty units.
59 Other sick, injured or orphaned protected animals
(1)This section applies to a sick, injured or orphaned protected animal other than a marine mammal or marine turtle.(2)A person may take and keep the animal without a wildlife authority for taking and keeping the animal.(3)Also, the person may, without a wildlife movement permit, move the animal—(a)from the place where the person takes possession of the animal to a place in the State where the person intends to care for the animal; or(b)to 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(c)if a conservation officer directs, under subsection (5), the person to move the animal to another place—to the other place.(4)However, the person must, within 72 hours after the person takes possession of the animal, either—(a)give the animal to the holder of a rehabilitation permit for the animal, or a relevant person for the holder; or(b)notify a conservation officer that the person has taken possession of the animal.Maximum penalty—20 penalty units.
(5)If the person notifies a conservation officer under subsection (4)(b) 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.Maximum penalty for subsection (5)—20 penalty units.
60 Interacting with animals in the wild
(1)A person may, without a commercial wildlife licence (wildlife interaction), interact with a protected animal in the wild if the interaction is not an unauthorised interaction for the animal.(2)Also, a person who is authorised to watch, observe, interact with or feed a protected animal in the wild under either of the following Acts may, without a commercial wildlife licence (wildlife interaction), engage in an unauthorised interaction for the animal—
(a)the Marine Parks Act 2004;(b)the Great Barrier Reef Marine Park Act 1975 (Cwlth).
60A Interacting with dolphins as part of Tin Can Bay dolphin feeding program
(1)A person may, without a commercial wildlife licence (wildlife interaction), engage in an unauthorised interaction for a dolphin 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.(2)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—(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.
(3)A conservation officer may give a direction under subsection (2)(b) only if the direction is reasonable in the circumstances.(4)The operator of the Tin Can Bay dolphin feeding program must 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.
(5)In this section—Tin Can Bay dolphin feeding program means the program for feeding dolphins in the waters adjacent to lot 80 shown on plan MCH5383 approved by the chief executive (subject to stated conditions of operation).Note—
A copy of plan MCH5383 is available on the department’s website.
61 Wholesalers may move dead protected animals
(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 wholesaler in the State may, without a wildlife movement permit, move the skin, carcass or meat of the animal into the State if—(a)the wholesaler 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 place is authorised by any applicable law of the other State; and(d)the movement is for a lawful purpose.Note—
See also section 317 and schedule 1 and, for macropods, the Nature Conservation (Macropod) Conservation Plan 2017, section 83 and schedule 1, for the skin, carcass and meat of animals that are a processed product.(3)However, the wholesaler must fill in a movement advice for the movement before the movement happens.Maximum penalty for subsection (3)—50 penalty units.
62 Protected animals may be moved for private reasons
A person who lawfully keeps, other than under a wildlife authority, a protected animal may, without a wildlife movement permit, 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.
63 Animals may be moved to and from veterinary surgeon
(1)A person who lawfully keeps, other than under a wildlife authority, a live protected animal in the State may, without a wildlife movement permit, move the animal—(a)from the place where the animal is being kept (the place of keeping) to the premises of a veterinary surgeon for treatment or care for the animal; or(b)from the premises of a veterinary surgeon who treated or cared for the animal to the place of keeping.(2)However, if the premises of the veterinary surgeon is outside the State, subsection (1) applies only if the person ensures the animal is moved back to the place of keeping as soon as practicable after the treatment or care is given.(3)Subsection (2) does not apply if the animal dies.
64 Animals may be moved to and from display
(1)This section applies to a person who lawfully keeps a protected animal in the State, other than under a wildlife authority.(2)The person may, without a wildlife movement permit, move the animal to or from an authorised display.(3)However, subsection (2) applies only if the person ensures the animal is moved back to the place the person keeps the animal as soon as practicable after the animal stops being displayed in the display.(4)This section does not apply to a restricted animal.
65 Dead protected animals may be moved to particular holders
(1)This section applies if—(a)either—(i)a person lawfully keeps a live protected animal other than under a wildlife authority, and the animal dies; or(ii)a person lawfully keeps a dead protected animal other than under a wildlife authority; and(b)under the Act, the person is authorised to sell or give away the animal; and(c)the person sells or gives the dead animal to the holder of a commercial wildlife licence for the dead animal, or a relevant person for the holder.(2)The person may, without a wildlife movement permit, move the animal from the place where the person keeps the animal to the place where the holder of the commercial wildlife licence, or a relevant person for the holder, intends to keep the animal.(3)However, the person must fill in a movement advice for the movement before the movement happens.Maximum penalty—50 penalty units.
(4)This section does not apply to an exempt animal.
Part 2 Keeping, using or moving international or prohibited animals, other than under wildlife authority
66 Purpose of pt 2
The purpose of this part is to state the circumstances in which the keeping, using or moving of international or prohibited animals is authorised under the Act, other than under a wildlife authority.
67 Authorised keepers in another State
A person who is an authorised keeper in another State for an animal of a species that is an international or prohibited animal may, without a wildlife authority—(a)buy or accept an animal of the species from a person authorised to sell or give away the animal under the Act; and(b)keep the animal in the other State.
68 Authorised keepers in another country
A person who is an authorised keeper in another country for an animal of a species that is an international or prohibited animal may, without a wildlife authority—(a)buy or accept an animal of the species from a person authorised to sell or give away the animal under the Act; and(b)keep the animal in the other country.
69 Veterinary surgeons
(1)A veterinary surgeon may—(a)keep and use an international or prohibited animal for providing treatment or care for the animal; and(b)euthanase the animal if the surgeon reasonably believes the animal is sick or injured to the extent that the animal is unable or unlikely to recover from the sickness or injury.(2)Also, if an animal kept under subsection (1) dies or has been euthanased by the surgeon, the surgeon may, without a wildlife movement permit, move the animal from the place where the surgeon keeps the animal to—(a)the place where the animal is to be buried or incinerated; or(b)if the chief executive has asked the surgeon to move the animal to another place—the other place.
Part 3 Licences for taking, keeping or using animals
Division 1 Commercial wildlife licence (wildlife interaction)
Subdivision 1 Purposes
70 Purpose of licence and div 1
(1)The purpose of a commercial wildlife licence (wildlife interaction) for an animal is to allow a person to engage in particular interactions with protected animals in a way that is not otherwise authorised under a provision of this regulation, or most other licences, permits or other authorities granted under the Act.(2)The purpose of this division is to control and monitor the interactions for which a commercial wildlife licence (wildlife interaction) is granted, to ensure the safety, health and wellbeing of humans and animals is maintained.(3)The purpose mentioned in subsection (2) is achieved by—(a)allowing the chief executive to grant a commercial wildlife licence (wildlife interaction) only in limited circumstances; and(b)requiring holders of a commercial wildlife licence (wildlife interaction) to give reports about the activities carried out under the licence.
Subdivision 2 Restrictions on grant of licence
71 Restriction about persons to whom licence may be granted
The chief executive can not grant a commercial wildlife licence (wildlife interaction) for a protected animal of a species to a person unless the person has an approved interaction plan for the species.
72 Restriction about activities for which licence may be granted
The chief executive can not grant a commercial wildlife licence (wildlife interaction) for a protected animal to a person if the chief executive reasonably believes the activity for which the application for the licence is made is an activity for which another wildlife authority or an exhibited animal authority would be more appropriate.Examples—
1A person applies for a commercial wildlife licence (wildlife interaction) for an activity for a scientific purpose and the chief executive believes, in the circumstances, it would be more appropriate for the person to carry out the activity under a scientific purposes permit.2A person applies for a commercial wildlife licence (wildlife interaction) to exhibit and deal with a protected animal and the chief executive believes, in the circumstances, it would be more appropriate for the person to apply for an exhibited animal authority.
Subdivision 3 Activities authorised by licence
73 Engaging in unauthorised interaction authorised for particular animals
(1)The holder of a commercial wildlife licence (wildlife interaction), or a relevant person for the holder, may engage in an unauthorised interaction for a protected animal in the wild of a species identified on the licence.Notes—
1For the unauthorised interactions authorised under a commercial wildlife licence (wildlife interaction) for estuarine crocodiles, see the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018, section 48.2Section 340 contains an offence for feeding native animals in the wild that applies to the holder of a commercial wildlife licence (wildlife interaction), and relevant persons for the holder.(2)However, subsection (1) does not authorise a person to engage in an unauthorised interaction in either of the following—(a)an area declared as a marine park under the Marine Parks Act 2004;(b)the Great Barrier Reef Marine Park.
74 Using animals for training authorised for particular animals
(1)The holder of a commercial wildlife licence (wildlife interaction), or a relevant person for the holder, may use a protected animal under the licence if—(a)the animal is lawfully kept by the holder or relevant person under another wildlife authority held by the holder; and(b)the use is for training a person about handling the animal safely.(2)To remove any doubt, it is declared that subsection (1) does not authorise the use of an animal in a way that contravenes the applicable requirements about workplace health and safety under the Work Health and Safety Act 2011.(3)Also, subsection (1) does not authorise the display of a reptile in a permanent or temporary enclosure.
Subdivision 4 Carrying out activities under licence
75 Compliance with approved interaction plan
The holder of a commercial wildlife licence (wildlife interaction) for a protected animal of a species, or a relevant person for the holder, must comply with the holder’s approved interaction plan for the species while carrying out activities under the licence.Maximum penalty—20 penalty units.
76 Keeping report about activities under licence
(1)The holder of a commercial wildlife licence (wildlife interaction) for a protected animal, or a relevant person for the holder, must keep a written report, complying with subsection (2), about the activities carried out under the licence.Maximum penalty—20 penalty units.
(2)The report must include the following information about the activities—(a)any identified problems or concerns relating to the activities, including, for example—(i)any increase in illness or injury in the animals the subject of the activities; and(ii)any incidence of aggression by animals the subject of the activities against the holder’s clients participating in the activities; and(iii)any complaint by a member of the public about the impact of the activities on the member’s lifestyle or interests;(b)how the problems or concerns mentioned in paragraph (a) were identified and resolved.(3)The holder must—(a)keep the report in a secure place at the licensed premises for the licence, for the record-keeping period; and(b)if asked by a conservation officer, make the report available for inspection by the officer.Maximum penalty for subsection (3)—20 penalty units.
Division 2 Commercial wildlife licences
Subdivision 1 Purposes
77 Purpose of licence and div 2
(1)The purpose of a commercial wildlife licence for an animal is to allow a person to keep and use protected or international animals for a commercial purpose.(2)The purpose of this division is to ensure the grant of commercial wildlife licences for animals does not adversely affect the conservation of the animals.(3)The purpose mentioned in subsection (2) is achieved by—(a)allowing the chief executive to grant a commercial wildlife licence for an animal only in limited circumstances; and(b)limiting the activities that a person is authorised to do under a commercial wildlife licence for an animal; and(c)regulating activities of persons acting under a commercial wildlife licence for an animal.
Subdivision 2 Restrictions on grant of licence
78 Restriction about animals for which licence may be granted
The chief executive may grant a commercial wildlife licence only for—(a)a live controlled or commercial animal; or(b)a dead protected or international animal; or(c)a live farm animal.
79 General restriction on grant of licence for birds or reptiles
(1)The chief executive can not grant a commercial wildlife licence for birds for a place for which a recreational wildlife licence for birds has been granted under the Act.(2)The chief executive can not grant a commercial wildlife licence for reptiles for a place for which a recreational wildlife licence for reptiles has been granted under the Act.
80 Additional restriction for licence for live birds or reptiles
(1)The chief executive can not grant a commercial wildlife licence for a live bird or reptile for a place unless the chief executive is satisfied the place is used, or is intended to be used, to keep live birds or reptiles of the same species on more than a temporary basis.Examples of when chief executive may be satisfied—
1the place has appropriate housing structures for birds or reptiles of the same species fixed to it2all or part of the place is permanently roofed3the place is usually open for the conduct of a business for most days in a year(2)However, subsection (1) does not apply if the licence is granted to a recreational bird or reptile society for a term of not more than 2 days.(3)In this section—recreational bird or reptile society, for an animal, means a society that—(a)is an incorporated association; and(b)has, as its main function, the keeping and breeding of native animals of the same species.
81 Additional restriction for licence for reptiles
The chief executive can not grant a commercial wildlife licence for reptiles to a person (the applicant) unless the chief executive is satisfied the applicant, or a person who would be a relevant person for the applicant if the applicant were granted the licence (the relevant person), has passed a course approved by the chief executive that—(a)includes matters about maintaining the health, safety and wellbeing of reptiles; and(b)provides training about how the applicant or relevant person may teach another person about the matters mentioned in paragraph (a).
Subdivision 3 Activities authorised by licence
82 Keeping and using animals authorised
(1)The holder of a commercial wildlife licence for an animal, or a relevant person for the holder, may—(a)buy or accept an animal of a species identified on the licence; and(b)keep and use an animal of a species identified on the licence at the licensed premises for the licence.(2)Also, the holder or a relevant person for the holder may keep a live animal of a species identified on the licence at the holder’s or person’s place of residence for a period of time if—(a)the licensed premises for the licence—(i)are not the holder’s place of residence; and(ii)are unattended for the period; and(b)the animal is kept at the place of residence for providing care to the animal.Note—
The Nature Conservation (Macropod) Conservation Plan 2017 includes provisions limiting and extending the activities authorised under a commercial wildlife licence for dead macropods.
83 Processing animals authorised
The holder of a commercial wildlife licence for a dead animal, or a relevant person for the holder, may process a dead animal of a species identified on the licence.
84 Moving live protected animal to and from residence to provide care authorised
(1)This section applies if the licensed premises for a commercial wildlife licence for a live protected animal is not the place of residence of the holder of the licence.(2)The holder, or a relevant person for the holder, may, without a wildlife movement permit, move the animal—(a)from the licensed premises for the licence to the holder’s or person’s place of residence if—(i)the movement is necessary to care for the animal; and(ii)the licensed premises will be unattended for the period for which the animal is to be kept at the place of residence; and(b)from the holder’s or person’s place of residence to the licensed premises for the licence.
85 Moving protected animals to display authorised with approval
(1)The holder of a commercial wildlife licence for a protected animal, or a relevant person for the holder, may, without a wildlife movement permit, move the animal to or from an authorised display if the holder has written approval from the chief executive for the movement.(2)However, subsection (1) applies only if the holder or person ensures the animal is moved back to the place the holder or person keeps the animal as soon as practicable after the animal stops being displayed in the display.(3)This section does not apply to a restricted animal.
86 Moving international animals to display authorised with approval
(1)The holder of a commercial wildlife licence for an international animal, or a relevant person for the holder, may, without a wildlife movement permit, move the animal to or from an authorised display if the holder has written approval from the chief executive for the movement.(2)However, subsection (1) applies only if the holder or person ensures the animal is moved back to the place the holder or person keeps the animal as soon as practicable after the animal stops being displayed in the display.
87 Breeding mutation of protected birds authorised
The holder of a commercial wildlife licence for a protected bird, or a relevant person for the holder, may breed a mutation of the bird.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.
Subdivision 4 Carrying out activities under licence
88 Way animal must be kept and used
(1)A person who keeps or uses a live protected animal under a commercial wildlife licence must keep and use the animal in a way that ensures the likelihood of escape, injury or ill-health of the animal is minimised.Maximum penalty—80 penalty units.
(2)A person complies with subsection (1) if the person complies with a relevant code of practice for the animal to the extent the code of practice provides for 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 comply with subsection (1).
89 Identifying dead animals kept under licence
A person who keeps a dead animal under a commercial wildlife licence must identify the animal in the way approved by the chief executive.
11 Reptiles
The following reptiles are restricted animals—(a)a threatened or near threatened reptile other than the following—(i)a reptile of the family Cheloniidae;(ii)a reptile of the family Dermochelydiae;(iii)an estuarine crocodile (Crocodylus porosus);(b)a reptile of the family Hydrophiidae;(c)a reptile of the family Laticaudidae;(d)the following reptiles of the family Elapidae—
Common name
Scientific name
black snakes
Pseudechis spp.
broad-headed snakes
Hoplocephalus spp.
brown snakes
Pseudonaja spp.
Collett’s snake
Pseudechis colletti
copperheads
Austrelaps spp.
death adders
Acanthopis spp.
eastern small-eyed snake
Rhinoplocephalus nigriscens
rough scaled snake
Tropidechis carinatus
taipans
Oxyuranus spp.
tiger snakes
Notechis spp.
Schedule 5 Dictionary
section 5(1)
Aboriginal people particularly concerned with the land means Aborigines particularly concerned with land within the meaning given by the Aboriginal Land Act 1991, section 3.
accept, wildlife, does not include—
(a)take the wildlife; and
(b)for the holder of a wildlife authority—accept the wildlife from a relevant person for the holder who has taken the wildlife under the authority.
Administration Regulation means the Nature Conservation (Administration) Regulation 2017.
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.
approved display purpose, for a display of an animal, means any of the following—
(a)to give public information about the ecological role of the animal;
(b)to promote education about, and the conservation of, the animal;
(c)to promote an understanding of ecology and the conservation of the animal.
approved interaction plan, for a species of protected animal, means a plan that is—
(a)about interacting with animals of the species; and
(b)approved by the chief executive.
approved method, for taking an animal under a commercial wildlife harvesting licence or recreational wildlife harvesting licence, means—
(a)if the chief executive has written the way the animal may be taken on the licence—the method written on the licence; or
(b)otherwise—(i)a method that is mentioned in a relevant code of practice for the animal as a method by which the animal may be taken; or(ii)another method consistent with the Animal Care and Protection Act 2001.
approved tag, for schedule 1, see schedule 1, section 1.
approved trade label ...
approved way ...
authorised buyer, for wildlife, means a person who is authorised to keep the wildlife under the Act, including a person authorised, under the Act, to keep the wildlife in another State or country.
authorised cultivator ...
authorised display means a show or display that—
(a)is not conducted for a commercial purpose; and
(b)lasts for not longer than 11 days.
authorised interstate seller, for wildlife, means a person who—
(a)is authorised to sell or give away the wildlife under a law of another State; and
(b)does not hold a wildlife authority authorising the person to sell or give away the wildlife.
authorised keeper in another country, for an animal of a species, means—
(a)a person who is specifically authorised to keep an animal of the species in the other country under a law of that country; and
(b)a person who is not prohibited from keeping an animal of the species in the other country under the laws of that country.
authorised keeper in another State, for an animal of a species, means—
(a)a person who is specifically authorised to keep an animal of the species in the other State under a law of that State; and
(b)a person who is not prohibited from keeping an animal of the species in the other State under the laws of that State.
authorised premises, for an animal, means premises where the animal is authorised to be kept under the Act.
authorised propagator ...
biodiscovery see the Biodiscovery Act 2004, schedule.
boat does not include a prohibited vessel.
caution zone—
1The caution zone for a marine mammal is—(a)for a special management marine mammal, if the special management declaration for the mammal includes a stated distance for the caution zone for the mammal—an area outside the no approach zone for the mammal but within the stated distance from the mammal; or(b)for a marine mammal in a special management area, if the special management declaration for the area includes a stated distance for the caution zone for the mammal—an area outside the no approach zone for the mammal but within the stated distance from the mammal; or(c)for a whale other than a whale to which paragraph (a) or (b) applies—an area outside the no approach zone for the whale but within a distance of 300m from the whale; or(d)for a dolphin other than a dolphin to which paragraph (a) or (b) applies—an area outside the no approach zone for the dolphin but within a distance of 150m from the dolphin.
2However, there is no caution zone for a marine mammal mentioned in paragraph 1 if, because of a special management declaration, there is no area that is outside the no approach zone and within the distance mentioned in paragraph 1 for the mammal.
clearing impact area see section 249.
code requirements, for an exhibit for an animal, means the requirements under the exhibition code for the facilities associated with an exhibit for the animal, to the extent the requirements are not inconsistent with the prescribed criteria for the exhibit.
commercial animal means a protected animal mentioned in schedule 4, part 3.
commercial purpose see section 6.
conservation purpose, for a protected plant—
1A protected plant is used for a conservation purpose when it is used for an activity, other than an activity for a commercial purpose or landscaping, that supports the conservation of the plant or its natural habitat.Example—
a protected plant used in rehabilitation or revegetation activities
2A protected plant is also used for a conservation purpose if the plant is given away to—(a)a voluntary conservation organisation; or(b)a volunteer community organisation.
contingent salvage, of a whole restricted plant, means the harvesting of the plant by the holder of a protected plant harvesting licence, or a relevant person for the holder, if—
(a)the land from which the plant is harvested is lawfully cleared—(i)under a protected plant clearing permit; or(ii)in the course of an activity under a mining lease or petroleum lease to which section 385 applies; or(iii)for a government infrastructure project; or(iv)to harvest a timber plantation; or(v)under a development approval under the Planning Act; and
(b)the plant—(i)would otherwise be destroyed by the clearing; or(ii)is not the subject of a condition of a clearing permit allowing the use of plants for an impact management measure; and
(c)the use of the plant is not the primary reason for the clearing.
controlled animal means a protected animal mentioned in schedule 4, part 2.
controlled conditions means—
(a)for cultivating a protected plant, conditions under which the plant’s reproduction and growth are actively manipulated which are achieved by, for example, irrigation, weed and disease control, tillage and fertilising; or
(b)for propagating a protected plant, conditions under which the plant’s reproduction and growth are actively manipulated which are achieved by nursery operations, including, for example, potting, bedding, watering and protection from the weather.
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.
domestic animal means an animal mentioned in schedule 3.
drive away, a flying-fox from a flying-fox roost, see section 88C(6) of the Act.
dugong means the mammal Dugong dugon.
Dugong Conservation Plan ...
estuarine crocodile means an animal of the species Crocodylus porosus.
Estuarine Crocodile Conservation Plan ...
exempt animal means a protected animal mentioned in schedule 4, part 1.
exhibited animal authority means an exhibited animal authority under the Exhibited Animals Act 2015.
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.
Note—
A copy of the code is open for public inspection, during office hours on business days, at the department’s head office and each regional office of the department. See section 174A(3) of the Act.
exhibit notice ...
export agreement ...
export permit means a permit to export issued under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth).
farm animal—
1An animal of a species mentioned in paragraph 2 is a farm animal if the animal—(a)is wild by nature and is lawfully taken from the wild under the Act; or(b)is farmed; or(c)has been, or is being, lawfully moved into the State for use for farming.
2For paragraph 1, the species are as follows—(a)a reptile of the family Elapidae;(b)birdwing butterfly (Ornithoptera sp.);(c)emu (Dromaius novaehollandiae);(d)estuarine crocodile (Crocodylus porosus);(e)freshwater crocodile (Crocodylus johnstoni);(f)Ulysses butterfly (Papilio ulysses);(g)water buffalo (Bubalus bubalis).
feed, in relation to an animal, includes—
(a)use food to tease or lure the animal; and
(b)attempt to feed the animal.
flora survey see section 250(1).
flora survey guidelines see section 253(1).
flora survey report see section 250(2).
flora survey trigger map see section 247.
flying-fox means a protected 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.
Note—
A copy of the code is open for public inspection, during office hours on business days, at the department’s head office and each regional office of the department. See section 174A(3) 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.
Great Barrier Reef Marine Park means the Great Barrier Reef Marine Park established under the Great Barrier Reef Marine Park Act 1975 (Cwlth).
harvest, for a whole protected plant or protected plant part—
(a)means taking the plant or plant part in the wild to be used; but
(b)does not include taking, by clearing, the plant or plant part in the wild for the use of the land from which the plant or plant part is taken.
harvest macropod has the meaning given by the Nature Conservation (Macropod) Conservation Plan 2017, schedule 2.
helicopter includes a gyrocopter.
high risk area see section 248.
impact management measure means a work or activity undertaken to ensure the survival of a protected plant that is endangered, vulnerable or near threatened wildlife.
Examples of impact management measures—
transplanting or propagating an endangered, vulnerable or near threatened plant species
interact, with an animal, includes the following—
(a)approach, pursue or lure an animal for interacting with or feeding the animal;
(b)gain a benefit from interacting with or feeding the animal;
(c)attempt to do an act mentioned in paragraph (a) or (b).
Koala Conservation Plan ...
local government, for chapter 8, part 7, see section 376.
marine mammal means a dolphin, dugong or whale.
marine turtle means a turtle of the family Chelondiidae or Dermochelyidae.
meat, of an animal, includes the flesh and offal of the animal.
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 part of the Australian Defence Force about survival in the wild.
Note—
A copy of the relevant military standing orders may be inspected at the department’s head office.
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 wildlife, 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—
1a stop ordinarily made by persons in transit for food, rest, bathing or using toilet facilities2a stop for feeding, cleaning or resting an animal being transported3a stop for placing wildlife to be moved to another country in quarantine4a 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 under the Administration Regulation, section 174.
native animal means any taxon or species of animal indigenous to Australia, including, for example, a dingo (Canis familiaris dingo).
natural product, of an animal, means a product that is shed, lost or excreted by the animal without any human inducement or other human intervention.
Examples of natural products—
•feathers of a bird that the bird naturally sheds or loses•skin of a snake that is naturally shed by the snake•teeth of a snake that are naturally passed in the faeces of the snake
no approach zone means—
(a)for a special management marine mammal, if the special management declaration for the mammal includes a stated distance for the no approach zone for the mammal—the stated distance; or
(b)for a marine mammal in a special management area, if the special management declaration for the area includes a stated distance for the no approach zone for the mammal—the stated distance; or
(c)for a whale other than a whale to which paragraph (a) or (b) applies—(i)100m from the whale; or(ii)300m from any point within an arc of 30 degrees from either side of the front or rear of the whale; or
(d)for a dolphin other than a dolphin to which paragraph (a) or (b) applies—(i)50m from the dolphin; or(ii)150m from any point within an arc of 30 degrees from either side of the front or rear of the dolphin.
official tag, for a protected plant, means—
(a)a tag supplied by the chief executive, under chapter 8, part 2, for attaching to the plant; or
(b)for a tag used for attaching to the plant under a law of another State—a tag that complies with the requirements, for the tag, of any applicable law of the other State.
operational salvage, of a protected plant part, means the harvesting of the plant part if—
(a)the land from which the plant part is harvested is cleared or disturbed by repetitive, routine weed control activities, including, for example, slashing, ploughing or poisoning; and
(b)the activities are carried out to allow the land to be used for—(i)forest management; or(ii)road safety; or(iii)maintaining electricity, water, gas, telecommunication or another service facility; and
(c)the plant part—(i)is taken in carrying out the activities; and(ii)would otherwise be destroyed by carrying out the activities; and
(d)the type of plant from which the part is taken will normally regenerate even if a significant proportion of the parts of the plant that are above ground are taken or die; and
(e)the use of the plant part is not the primary reason for carrying out the activities.
personal use, of a protected plant—
(a)means a use of the plant for a purpose other than for trade; and
(b)includes the taking of a protected plant part for use in a local government’s botanic garden or park.
person in control, of a 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 Act means the Planning Act 2016.
planning scheme means a planning scheme under the Planning Act.
prescribed criteria, for an exhibit for an animal, means each of the following—
(a)the exhibit is, or will be, used to display the animal only for an approved display purpose for the animal;
(b)the exhibit is, or will be, located at a place that is appropriate for the approved display purpose;
(c)the exhibit is, or will be, of a size and design that will allow the animal to behave in a way reasonably similar to which the animal would behave in the wild in normal environmental conditions;
(d)the exhibit is, or will be, located in a place, and is, or will be, built in a way, that—(i)will allow the animal to experience environmental conditions similar to the conditions the animal would experience in the wild; and(ii)will not expose the animal to excessive noise or vibration or otherwise cause the animal to experience unreasonable stress levels;
(e)the exhibit will be at an appropriate temperature and humidity level to ensure the health and wellbeing of the animal is maintained;
(f)the exhibit has, or will have, a part that may be used to house the animal for long periods away from the part of the exhibit used to display animals.
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; orNote—
For koalas, see the Nature Conservation (Koala) Conservation Plan 2017, schedule 2.
(b)if paragraph (a) does not apply—an appropriate natural habitat for the animal.
prescribed protected animal means—
(a)a live mammal that is a protected animal; and
(b)a fertilised egg of a mammal that is a protected animal.
private land means—
(a)freehold land; or
(b)land the subject of a lease under any Act containing an entitlement to a deed of grant in fee simple.
problem crocodile see the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018, section 5.
prohibited vessel means a hovercraft, hydrofoil, jet ski, motorised diving aid, parasail or wing in ground effect craft.
propagator’s tag ...
protected plant licence means a protected plant growing licence or protected plant harvesting licence.
protected plants assessment guidelines means the assessment guidelines for considering applications for wildlife authorities for protected plants approved or made by the chief executive under section 174B of the Act.
Note—
A copy of the guidelines as in force from time to time is available for inspection on the department’s website. See section 174B(3) of the Act.
protected plant trade exemption see section 261ZH.
protected plant trade label see section 261ZK(2).
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.
rail GOC ...
rail government entity see the Transport Infrastructure Act 1994, schedule 6.
record means a record in a form complying with the Administration Regulation, section 133.
record-keeping period, for a record or other document, means the period for which the record or document is required to be kept under the Administration Regulation, section 171.
recreational animal means a protected animal mentioned in schedule 4, part 4.
relevant code of practice, for an animal, means a code of practice that—
(a)relates to animals of the same species as the animal, to the extent the code of practice provides for the way in which the animals must be kept or used; and
(b)has been approved or made by the chief executive under section 174A of the Act.
relevant protected animal means an animal mentioned in schedule 4.
reptile and amphibian code means the document called ‘Code of Practice—Captive Reptile and Amphibian Husbandry’, approved by the chief executive under section 174A of the Act.
Note—
A copy of the code is open for public inspection, during office hours on business days, at the department’s head office and each regional office of the department. See section 174A(3) of the Act.
restricted animal means a protected animal mentioned in schedule 4, part 5.
restricted plant means a protected plant that is any of the following—
(a)endangered wildlife;
(b)vulnerable wildlife;
(c)near threatened wildlife;
(d)a special least concern plant.
Note—
1See the Wildlife Regulation, schedule 2, part 2 about plants that are endangered wildlife.2See the Wildlife Regulation, schedule 3, part 2 about plants that are vulnerable wildlife.3See the Wildlife Regulation, schedule 5, part 2 about plants that are near threatened wildlife.
return of operations means a return of operations in a form complying with the Administration Regulation, section 142.
salvage means contingent salvage or operational salvage.
sandalwood means a plant of the species Santalum lanceolatum.
scientific purpose includes an archaeological, anthropological or sociological purpose.
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 management area means—
(a)an area declared to be a special management area under section 360(1); or
(b)an area declared to be a temporary special management area under section 361.
special management declaration means—
(a)for a special management area—a declaration under section 360(1) or 361; or
(b)for a special management marine mammal—a declaration under section 366(1) or 367.
special management marine mammal means—
(a)a marine mammal declared to be a special management marine mammal under section 366(1); or
(b)a marine mammal declared to be a temporary special management marine mammal under section 367.
special native animal means—
(a)echidna (Tachyglossus aculeatus); and
(b)koala (Phascolarctos cinereus); and
(c)platypus (Ornithorhynchus anatinus); and
(d)wombat (Family Vombatidae).
State land means—
(a)unallocated State land under the Land Act 1994; or
(b)a reserve for community purposes under the Land Act 1994; or
(c)a State forest or timber reserve under the Forestry Act 1959; or
(d)a forest reserve; or
(e)land subject to a lease or licence under the Land Act 1994; or
(f)a State-controlled road or local government road under the Transport Infrastructure Act 1994.
State museum means a non-profit institution that—
(a)is owned or administered by the Commonwealth or a State; and
(b)has, as a function, the preservation of information in any branch of the natural sciences about animals.
stock plant means a plant taken in the wild—
(a)under a protected plant growing licence; and
(b)for providing propagative material by—(i)dividing the plant; or(ii)removing the seed, cuttings or propagative material from the plant.
stranded, for a marine mammal, means the mammal is—
(a)aground on a shore; or
(b)in a helpless state; orExamples of a marine mammal in a helpless state—
•an entangled marine mammal•an incapacitated marine mammal
(c)sick, injured or dead.
supporting habitat, for a protected plant, means the components, including other plants, of the habitat of a protected plant necessary for the plant’s survival at any stage of its life cycle located within 100m of the protected plant.
sustainable harvest plan, for a protected plant licence, means a plan about the harvesting of protected plants that may be taken under the licence and the ecological sustainability or benefits of the proposed harvest.
temporary display means a display that lasts for not more than 14 days.
Torres Strait Islanders particularly concerned with land means Torres Strait Islanders particularly concerned with land within the meaning given by the Torres Strait Islander Land Act 1991, section 3.
trade, for restricted plants, see section 6A.
unauthorised interaction see section 7.
unpack, in relation to a product, does not include removing a mark, label, tag or other thing that has been directly placed on, or attached to, the product.
urban flying-fox management area see section 376.
urban flying-fox management area map see section 376.
use—
(a)for an animal—does not include the following—(i)process the animal;(ii)move the animal;(iii)for a protected animal in the wild—engage in an unauthorised interaction for the animal; and
(b)for a protected plant—does not include move the plant.
veterinary surgeon means a person registered as a veterinary surgeon under the Veterinary Surgeons Act 1936.
voluntary wildlife care association means a corporation whose objects 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 means a breaking wave created in water by a moving boat or prohibited vessel.
weapon see the Weapons Act 1990, schedule 2.
whale means a cetacean of the family Balaenidae, Balaenopteridae, Kogiidae, Physeteridae or Ziphiidae.
Whale and Dolphin Conservation Plan ...
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.
wildlife authority does not include—
(a)a commercial wildlife licence (wildlife interaction); and
(b)a wildlife movement permit.
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