Non-Indigenous Animals Amendment (Miscellaneous) Regulation 2006 (NSW)

2006 No 203

New South Wales

Non-Indigenous Animals Amendment

(Miscellaneous) Regulation 2006

under the

Non-Indigenous Animals Act 1987

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Non-Indigenous Animals Act 1987.

IAN MICHAEL MACDONALD, M.L.C.,

Minister for Primary Industries

Explanatory note
The objects of this Regulation are:

(a)	to classify certain animals, in addition to the animals currently classified by the Non-Indigenous Animals Regulation 1997 (the Regulation), for the purposes of the Non-Indigenous Animals Act 1987 (the Act), and
(b)	to extend the operation of the provisions of the Regulation that provide exemptions from the provisions of the Act that create the offences of keeping and moving certain categories of non-indigenous animals, and
(c)	to provide for the issue of penalty notices in relation to certain offences created by the Act.

This Regulation is made under the Non-Indigenous Animals Act 1987, including section 29

(the general regulation-making power).

Published in Gazette No 55 of 21 April 2006, page 2344	Page 1
2006 No 203
Clause 1	Non-Indigenous Animals Amendment (Miscellaneous) Regulation 2006

Non-Indigenous Animals Amendment (Miscellaneous)

Regulation 2006

under the

Non-Indigenous Animals Act 1987

1 Name of Regulation

This Regulation is the Non-Indigenous Animals Amendment
(Miscellaneous) Regulation 2006.

2 Amendment of Non-Indigenous Animals Regulation 1997

The Non-Indigenous Animals Regulation 1997 is amended as set out in
Schedule 1.

2006 No 203

Non-Indigenous Animals Amendment (Miscellaneous) Regulation 2006

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 2)

[1]      Clause 11 Keeping of animals

Omit “category 2 or category 3a animal (except Funambulus pennanti, commonly known as the Northern Palm Squirrel)” from clause 11 (a).

Insert instead “category 2 animal, a category 3a animal (except Funambulus pennanti, commonly known as the Northern Palm Squirrel) or a category 3b animal”.

[2]      Clause 12 Movement of animals

Omit clause 12 (c). Insert instead:

(c)

in the case of the movement or transportation of a category 3b animal:

(i)	a person who owns the animal, and
(ii)	a person who holds an authority under the Exhibited Animals Protection Act 1986 that enables the person to exhibit the animal.

[3]      Part 6A

Insert after clause 28:

Part 6A Penalty notices

28A Penalty notices

For the purposes of section 27A of the Act:

(a)	each offence arising under a provision specified in Column 1 of Schedule 3 is prescribed as a penalty notice offence, and
(b)	the prescribed penalty for such an offence is the amount specified in relation to the offence in Column 2 of Schedule 3.

[4]      Schedule 1 Classification of non-indigenous animals

Insert in appropriate order in Columns 1, 2 and 3 in Part 1 (Amphibians) under the heading “ORDER ANURA” and subheading “Family Dendrobatidae”:

Dendrobates azureus Blue Poison-arrow Frog 2

2006 No 203

Non-Indigenous Animals Amendment (Miscellaneous) Regulation 2006

Schedule 1 Amendments

[5]      Schedule 1, Part 2 (Reptiles)

Insert in appropriate order in Columns 1, 2 and 3 under the heading “ORDER SQUAMATA” and the subheadings “[SUB-ORDER LACERTILIA: lizards]” and “Family Chamaeleonidae”:

Chameleo calyptratus Veiled Chameleon 2

[6]      Schedule 1, Part 2

Insert in appropriate order in Columns 1, 2 and 3 under the heading “ORDER
SQUAMATA”:

[SUB-ORDER SAURIA: lizards]
Family Teiidae

Tupinambis teguixin  Black and White Tegu 2

[7]      Schedule 1, Part 2

Insert in appropriate order in Columns 1, 2 and 3 under the heading “ORDER SQUAMATA” and the subheadings “[SUB-ORDER SERPENTES: snakes]”, “Family Boidae” and “[Sub-family Pythoninae]”:

Morelia boeleni Boelen’s Python 2

[8]      Schedule 1, Part 2

Insert in appropriate order in Columns 1, 2 and 3 under the heading “ORDER SQUAMATA” and the subheadings “[SUB-ORDER SERPENTES: snakes]” and “Family Elapidae”:

Ophiophagus hannah King Cobra 2

[9]      Schedule 1, Part 3 (Mammals)

Insert in appropriate order in Columns 1, 2 and 3 under the heading “ORDER
PERISSODACTYLA” and the subheading “Family Rhinocerotidae”:

Rhinoceros unicornis  Indian Rhinoceros 2

2006 No 203

Non-Indigenous Animals Amendment (Miscellaneous) Regulation 2006

Amendments Schedule 1

[10]      Schedule 3

Insert after Schedule 2:

Schedule 3 Penalty notice offences

(Clause 28A)

Column 1	Column 2
Offence	Penalty
Offences under the Act
Section 10 (1)	$550
Section 10 (2)	$220
Section 11 (1)	$550
Section 11 (2)	$220
Section 12 (1)	$550
Section 12 (2)	$220
Section 13 (1)	$550
Section 13 (2)	$220
Section 13 (3)	$220
Section 21 (2)	$220

BY AUTHORITY