Wildlife (Amendment) Regulations 1998 (Vic)
Wildlife (Amendment) Regulations 1998
S.R. No. 22/1998
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1 2. Authorising provisions 1 3. Commencement 2 4. Principal Regulations 2 5. Amendment to definition 2 6. Amendment of regulation 6 2 7. Revocation of regulation 7 2 8. Amendment of references to "species" 2 9. Insertion of new regulation 15A 3 15A. Application for authorisation under section 28A 3 10. Substitution of regulation 16 3 16. Persons exempt from operation of sections 41, 42, 43 and
44 of the Act 3
16A. Persons exempt from operation of section 43 of the Act 3 16B. Persons exempt from operation of section 47 of the Act 4 16C. Persons exempt from operation of sections 45, 46 and 47 of the Act 6 16D. Prescribed products for purposes of section 50 of the Act 7
11. Amendments to regulation 22 8 12. Amendments to regulation 24 8 13. Amendments to regulation 25 8 14. Amendments to regulation 26 9 15. Amendments to regulation 27 9 16. Amendments to regulation 28 10 17. Amendments to regulation 30 10 18. Amendments to regulation 31 11 19. Amendments to regulation 32 11 20. Amendments to regulation 33 12 21. Amendments to regulation 34 13 22. Amendments to regulation 35 14 23. Amendment of regulation 38 15 24. Amendment to Schedule 1 15 25. Amendment to Schedule 2 15
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Regulation Page
26. Amendment to Schedule 4 16 27. Amendment to Schedule 5 16
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NOTES 17
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STATUTORY RULES 1998
S.R. No. 22/1998
Wildlife Act 1975
Wildlife (Amendment) Regulations 1998
The Governor in Council makes the following Regulations:
Dated: 17 March 1998Responsible Minister:
MARIE TEHAN
Minister for Conservation and Land Management
SHARNE BRYAN
Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are to give effect to amendments to the Wildlife Act 1975 by—
(a)
prescribing the manner of making an application for an authorisation under section 28A of the Act;
(b)
prescribing persons exempt from the operation of sections 41, 42, 43, 44, 45, 46 or 47 of the Act;
(c)
prescribing products for the purposes of section 50 of the Act;
(d) making other consequential amendments.
2. Authorising provisions
These Regulations are made under sections 22, 28A, 47A, 50 and 87 of the Wildlife Act 1975.
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3. Commencement
These Regulations come into operation on
21 March 1998.
4. Principal Regulations
In these Regulations, the Wildlife Regulations
19921 are called the Principal Regulations.
5. Amendment to definition
In regulation 5 of the Principal Regulations the definition of "Secretary" is revoked.
6. Amendment of regulation 6
For regulation 6(b) of the Principal Regulations
substitute—"(b) any substance defined as an agricultural
chemical under the Agricultural and
Veterinary Code Act 1994 of theCommonwealth.".
7. Revocation of regulation 7
Regulation 7 of the Principal Regulations is revoked.
8. Amendment of references to "species"
(1) In regulation 8(2) of the Principal Regulations for "species" substitute "taxa".
(2) In regulation 11(2) of the Principal Regulations
for "species"(wherever occurring) substitute
"taxa".
(3) In regulation 12(2)(b) of the Principal
Regulations, for "species" substitute "taxon".
(4) In regulation 13 of the Principal Regulations, for
"species" (wherever occurring) substitute "taxa".
Wildlife (Amendment) Regulations 1998
S.R. No. 22/1998 r. 9
9. Insertion of new regulation 15A
After regulation 15 of the Principal Regulations insert—
"15A. Application for authorisation under section
28A
A person applying for an authorisation under section 28A of the Act must—
(a) complete the appropriate application respect of the purpose for which the authorisation is required; and
(b) submit the form to the Secretary.".
10. Substitution of regulation 16
For regulation 16 of the Principal Regulations
substitute—"16. Persons exempt from operation of sections
41, 42, 43 and 44 of the Act
A person who is a registered veterinary
surgeon under the Veterinary Surgeons Act from the operation of sections 41, 42, 43 and 44 of the Act, to the extent that those sections relate to the destruction of wildlife.
1958 who destroys wildlife in accordance
with section 21(c)(ii) of the Prevention of
16A. Persons exempt from operation of section
43 of the Act
A person who is a licensee, manager or operator of, or is employed in a licensed meat processing facility under the Meat Industry Act 1993 is exempt from the
operation of section 43 of the Act to the
extent that section 43 relates to destruction
of protected wildlife if that person—
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(a) destroys wildlife listed in Schedule 7—
(i) that has been bred in captivity or is from a source approved by the Secretary; and
(ii) in a licensed meat processing Act 1993; and
(b)
is acting on behalf of the holder of a current Commercial Wildlife (Wildlife Producer) Licence Type 3.
16B. Persons exempt from operation of section
47 of the Act
(1) A person who keeps, possesses, breeds, buys, sells, displays or disposes of—
(a)
wildlife listed in Schedule 4 (Part A); or
(b)
infertile eggs of wildlife listed in Schedule 7—
is exempt from the operation of section 47 of
the Act, to the extent that section 47 relates
to the keeping, possession, breeding, buying,
selling display or disposal of that wildlife, if
the wildlife have been bred in captivity or
are from a source approved by the Secretary.(2) A person who keeps, possesses or breeds
wildlife listed in Schedule 4 (Part B) is
exempt from the operation of section 47 of
the Act, to the extent that section 47 relates
to the keeping, possession or breeding of that
wildlife, if the wildlife have been bred in
captivity or are from a source approved by
the Secretary.
(3) A person who buys or acquires wildlife listed in Schedule 4 (Part B) and—
Wildlife (Amendment) Regulations 1998
S.R. No. 22/1998 r. 10
(a) possesses the wildlife for at least of the wildlife; and
(b)
does not sell the wildlife from a shop or business premises—
is exempt from the operation of section 47 of
the Act, to the extent that section 47 relates
to the buying or acquisition of that wildlife,
if the wildlife have been bred in captivity orare from a source approved by the Secretary.
(4) A person who sells or disposes of reptiles
selling those reptiles to a holder of a
listed in Schedule 4 (Part B) and, when Licence, produces proof of his or her identity to that licence holder is exempt from the operation of section 47 of the Act, to the extent that section 47 relates to the selling or disposal of those reptiles, if the reptiles have been bred in captivity or are from a source approved by the Secretary. (5) A person who possesses, breeds, buys, sells, displays, disposes of or processes (other than for the purposes of taxidermy) wildlife listed in Schedule 5 (Parts A or C) is exempt from the operation of section 47 of the Act, to the extent that section 47 relates to the
possession, breeding, buying, selling,
display, disposal or processing (other than
for the purposes of taxidermy) of that
wildlife, if the wildlife have been bred in
captivity or are from a source approved by
the Secretary.(6) A person who possesses game that has been
taken, hunted or destroyed under and in
accordance with a game licence during the
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open season for that taxon of game is exempt
from the operation of section 47 of the Act,
to the extent that section 47 relates to the
possession of protected wildlife declared tobe game.
(7) A person who possesses, buys or sells parts
of wildlife listed in Schedule 5 (Part B) in any form or the shells of the eggs of emus (Dromaius novaehollandiae), that have been
processed (but not taxidermied) in section 47, if the wildlife or the shells of those eggs have been bred in captivity or are from a source approved by the Secretary.
accordance with the Act or the
corresponding law of another State or a16C. Persons exempt from operation of sections 45, 46 and 47 of the Act
(1) A person who temporarily possesses sick,
of transporting the wildlife to a registered
veterinary surgeon under the Veterinaryinjured or abandoned wildlife for the purpose holder of an authorisation under section 28A of the Act for the purposes of enabling the care, treatment or rehabilitation of sick, injured or orphaned wildlife, is exempt from the operation of sections 45, 46 and 47 of the Act, to the extent that those sections relate to the possession of that wildlife. (2) A person who is a registered veterinary
surgeon under the Veterinary Surgeons Act
1958, who possesses sick, injured or
abandoned wildlife temporarily for the
purpose of administering veterinary
treatment to the wildlife, is exempt from the
operation of sections 45, 46 and 47 of the
Wildlife (Amendment) Regulations 1998
S.R. No. 22/1998 r. 10 Act, to the extent that those sections relate to the possession of that wildlife.
(3) The Zoological Parks and Gardens Board
established under the Zoological Parks and
Gardens Act 1995 is exempt from the
operation of sections 45, 46 and 47 of the
Act.
(4) A person who possesses wildlife, for the
purposes of transporting it on behalf of, or at
the request of, a holder of a wildlife licence
who has a letter of authorisation or delivery
docket stating—
(a) the name and address and licence
number (if any) of the person sending the wildlife; and
(b) the name and address and licence number (if any) of the person receiving the wildlife; and (c) the common name (as shown in Schedule 1, 2, 3, 4, 5, 6 or 7) of each of the taxa of wildlife being transported; and (d) the number of each taxon of wildlife being transported; and (e) the date on which the wildlife is being transported— is exempt from the operation of sections 45, 46 and 47 of the Act, to the extent that those sections relate to the possession of the taxa
of wildlife being transported.
16D. Prescribed products for purposes of section
50 of the Act
The following products are prescribed for the purposes of section 50 of the Act—
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(a)
parts of wildlife listed in Schedule 5 (Part B) in any form;
(b)
the shells of eggs of emus (Dromaius novaehollandiae)—
that have been processed (but not
taxidermied) in accordance with the Act or
with a corresponding law of another State orof a Territory.".
11. Amendments to regulation 22
In regulation 22 of the Principal Regulations, for
paragraph (b) substitute—"(b) with a person referred to in regulation 16A
or 16B.".
12. Amendments to regulation 24
In regulation 24(2) of the Principal Regulations,
for paragraphs (c) and (d) substitute—"(c) buy or acquire wildlife from a person unless
that person—
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary; or
(d)
sell or dispose of wildlife to a person unless that person—
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary.".
13. Amendments to regulation 25
Wildlife (Amendment) Regulations 1998
S.R. No. 22/1998 r. 15 In regulation 25(2) of the Principal Regulations,
for paragraphs (c) and (d) substitute—"(c) not buy or acquire wildlife from a person
unless that person—
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary; or
(d)
not sell or dispose of wildlife to a person unless that person—
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary; or".
14. Amendments to regulation 26
In regulation 26(2) of the Principal Regulations,
for paragraphs (c) and (d) substitute—"(c) buy or acquire wildlife from a person unless
that person—
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary; or
(d)
sell or dispose of wildlife to a person unless that person—
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary; or".
15. Amendments to regulation 27
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In regulation 27(2) of the Principal Regulations,
for paragraph (b) substitute—"(b) sell or dispose of wildlife to a person unless
that person—
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary.".
16. Amendments to regulation 28
In regulation 28(2) of the Principal Regulations—
(a)
in paragraph (a)(i) and (ii), for "species" substitute "taxon"; and
(b)
for paragraphs (b) and (c) substitute— "(b) not buy or acquire wildlife from a
person unless that person—
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary; and
(c)
not sell or dispose of wildlife to a person unless that person—
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary.".
17. Amendments to regulation 30
Wildlife (Amendment) Regulations 1998
S.R. No. 22/1998 r. 19 In regulation 30(2) of the Principal Regulations—
(a) in paragraph (a), for "species" substitute "taxa"; and (b) in paragraph (e), for "Authority to Control Wildlife issued under section 5 or 7 of the Act" substitute "authorisation issued under Part IIIA of the Act".
18. Amendments to regulation 31
(1) In regulation 31 of the Principal Regulations, for
"species"(wherever occurring) substitute "taxa".
(2) In regulation 31(3) of the Principal Regulations—
(a)
for paragraph (h) substitute— "(h) not buy or acquire wildlife from a
person unless that person—
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary; and";
(b)
in paragraph (ha) for "accept" substitute "acquire";
(c)
for paragraph (i) substitute— "(i) not sell or dispose of wildlife to a
person unless that person—
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary.".
19. Amendments to regulation 32
In regulation 32 of the Principal Regulations—
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(a) for "species" (wherever occurring)
substitute "taxa"; and(b) in sub-regulation (2)(d) for sub-paragraph "(ii) is a person referred to in regulation
16B; and"; and
(c) person unless that person— in sub-regulation (2) for paragraphs (l) "(l) not buy or acquire wildlife from a
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary; and
(m)
not sell or dispose of wildlife to a person unless that person—
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary.".
20. Amendments to regulation 33
In regulation 33(3) of the Principal Regulations—
(a) in paragraph (c) for sub-paragraph (ii) "(ii) is a person referred to in regulation
16B; and"; and
(b) for paragraphs (l) and (m) substitute—
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S.R. No. 22/1998
"(l) not buy or acquire wildlife from a person unless that person—
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary; and
(m)
not sell or dispose of wildlife to a person unless that person—
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary; and".
21. Amendments to regulation 34
In regulation 34 of the Principal Regulations—
(a) for "species" (wherever occurring)
substitute "taxa"; and(b) person unless that person— in sub-regulation (5), for paragraphs (h) and "(h) not buy or acquire wildlife from a
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary; and
(i) not sell or dispose of wildlife to a person unless that person—
(i) holds an appropriate licence; or
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(c) in sub-regulation (6), for paragraphs (f) and "(f) not buy or acquire wildlife from a
person unless that person—
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary; and
(g)
not sell or dispose of wildlife to a person unless that person—
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary."; and
(d) in sub-regulation (7)(d), for sub-paragraph "(v) a person referred to in regulation
16B—".
22. Amendments to regulation 35
In regulation 35 of the Principal Regulations—
(a) for "species" (wherever occurring)
substitute "taxa"; and(b)
in sub-regulation (3), for paragraphs (d) and (e) substitute—
Wildlife (Amendment) Regulations 1998
S.R. No. 22/1998 r. 25 "(d) not buy or acquire wildlife from a person unless that person—
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary; and
(e)
not sell or dispose of wildlife to a person unless that person—
(i) holds an appropriate licence; or
(ii) is a person referred to in regulation 16B; or
(iii) has the approval of the Secretary.".
23. Amendment of regulation 38
In the Table in regulation 38 of the Principal
Regulations, omit items 004 and 005.
24. Amendment to Schedule 1
In Schedule 1 to the Principal Regulations, under the heading "Birds", omit—
(a) "Bourke's Parrot Neophema bourkii"; and (b) "Double-barred Finch Poephila
bichenovii"; and
(c) "Painted Firetail Emblema picta".
25. Amendment to Schedule 2
In Schedule 2 to the Principal Regulations, under the heading "Reptiles", omit—
(a) "Eastern Small-eyed Cryptophis Snake nigrescens"; and
Wildlife (Amendment) Regulations 1998
S.R. No. 22/1998
(b) "Little Whip Snake Unechis flagellum"; and (c) "Mitchell's Short-tailed Unechis Snake nigriceps".
26. Amendment to Schedule 4
In Schedule 4 (Part A) to the Principal
Regulations, for "species" (wherever occurring)substitute "taxa".
27. Amendment to Schedule 5
In Schedule 5 (Part A) to the Principal
Regulations, for "species" (wherever occurring)substitute "taxa".
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Wildlife (Amendment) Regulations 1998
S.R. No. 22/1998 Notes
NOTES
1 S.R. No. 161/1992. Reprinted to S.R. No. 58/1994 and subsequently
amended by S.R. Nos 60/1996 and 134/1997.
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