Wildlife Amendment Regulations 2014 (Vic)
Wildlife Amendment Regulations 2014
S.R. No. 75/2014
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
6Dingo Licence
7Wildlife Dealer Licence
8Wildlife Demonstrator Licence
9Game Bird Farmer Licence
10Wildlife Processor Licence
11Licence fees
12Application for a wildlife licence
13Notification of change of natural person responsible for managing premises specified in licence
14Employees of Commercial Wildlife Licence holders
15New regulation 24 substituted
24Application for authorisation under section 28A
16New regulation 26 substituted
26Location of forms
17Record books
18Return forms
19Return of record books and return forms
20Theft, loss and damage
21Electronic recording of information
22Approvals by the relevant body
23Notification of change of name or address
24Marking of individual wildlife
25Wildlife to be bought, sold or disposed of only at specified premises
26Taking of wildlife
27Housing wildlife
28New regulation 43A inserted
43AHousing specified birds
29Wildlife that is not self-sufficient
30Inter-breeding of wildlife
31Exemptions from offences in the Act relating to the
destruction of protected wildlife32Exemptions from offences in the Act relating to protected wildlife
33Exemptions from import and export permit requirements in
the Act34Conditions of any Dingo Licence
35Conditions applying to all Commercial Wildlife Licences
36Specified premises
37Conditions of any Wildlife Controller Licence
38Conditions of any Game Bird Farmer Licence
39Schedule 1 amended
40Schedule 2 amended
41Schedule 3 amended
42Schedule 4 amended
43Schedule 5 amended
44Schedule 7 amended
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ENDNOTES
STATUTORY RULES 2014
S.R. No. 75/2014
Wildlife Act 1975
Wildlife Amendment Regulations 2014
The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:
Dated: 24 June 2014
Responsible Minister:
RYAN SMITH
Minister for Environment and Climate ChangeYVETTE CARISBROOKE
Clerk of the Executive Council
1Objectives
The objectives of these Regulations are to amend the Wildlife Regulations 2013—
(a)to make consequential amendments to the those Regulations as a result of the commencement of the Game Management Authority Act 2014;
(b)to make miscellaneous amendments to improve the operation of those Regulations.
2Authorising provision
These Regulations are made under section 87 of the Wildlife Act 1975.
3Commencement
These Regulations come into operation on 1 July 2014.
4Principal Regulations
In these Regulations, the Wildlife Regulations 2013[1] are called the Principal Regulations.
5Definitions
In regulation 5 of the Principal Regulations insert the following definition—
"relevant body means—
(a)in the case of a Game Bird Farmer Licence or specified birds, the Game Management Authority;
(b)in the case of any other licence, permit or authority issued under the Act, or wildlife other than specified birds, the Secretary;".
6Dingo Licence
In regulation 10(a) of the Principal Regulations, omit "specified in the licence".
7Wildlife Dealer Licence
(1)In regulation 12(a) of the Principal Regulations, for "and Schedules 4 and 7" substitute ", Part B of Schedule 4 and Schedule 7".
(2)In regulation 12(b) of the Principal Regulations, for "and Schedules 4 and 7" substitute ", Part B of Schedule 4 and Schedule 7".
8Wildlife Demonstrator Licence
In regulation 13(d) of the Principal Regulations for ", except that listed" substitute "that is not listed".
9Game Bird Farmer Licence
In regulation 15 of the Principal Regulations, for "birds that are of a taxon of wildlife listed in Part A of Schedule 5 and specified in the licence and" substitute "specified birds".
10Wildlife Processor Licence
In regulation 16(b) of the Principal Regulations, for "Processor" substitute "Farmer".
11Licence fees
In regulation 19(6) of the Principal Regulations—
(a)for "eligible recipient" substitute "eligible person"; and
(b)for "wildlife licence" substitute "Private Wildlife Licence".
12Application for a wildlife licence
(1)In regulation 20(1)(a) of the Principal Regulations for "the Secretary" substitute "the relevant body".
(2)In regulation 20(1)(b) of the Principal Regulations for "the Secretary" substitute "the relevant body".
(3)In regulation 20(1)(b)(vi) of the Principal Regulations, after "that licence relates" insert "and who is engaging in conduct on behalf of the licence holder under that licence".
(4)After regulation 20(2) of the Principal Regulations insert—
"(3)For the purposes of subregulation (1)(b), the Game Management Authority may require the following information in relation to an application regarding a Game Bird Farmer Licence—
(a)a plan of the area applied for showing all buildings, fences, yards, shelters, watering and feeding facilities;
(b)enclosure design and specifications, materials to be used in construction of facilities, enclosure layout, holding pens, shelters, watering and feeding facilities and any other relevant matter.".
13Notification of change of natural person responsible for managing premises specified in licence
In regulation 21(1) of the Principal Regulations, for "the Secretary" substitute "the relevant body".
14Employees of Commercial Wildlife Licence holders
(1)In regulation 23(1) of the Principal Regulations—
(a)for "work at the premises to which that licence relates" substitute "engage in conduct on behalf of the licence holder under that licence"; and
(b)for "the Secretary" substitute "the relevant body".
(2)In regulation 23(2) of the Principal Regulations—
(a)after "If a person" insert "who is employed to engage in conduct on behalf of the licence holder under that licence";
(b)for "the Secretary" substitute "the relevant body".
15New regulation 24 substituted
For regulation 24 of the Principal Regulations substitute—
"24 Application for authorisation under section 28A
For the purposes of section 28A of the Act, an application for an authorisation must be in a form approved by—
(a)in the case of specified birds, the Game Management Authority;
(b)in the case of any other wildlife, the Secretary.".
16New regulation 26 substituted
For regulation 26 of the Principal Regulations substitute—
"26 Location of forms
(1)If the Secretary approves a form under these Regulations, the Secretary must cause a copy of that form to be available on the Department's website.
(2)If the Game Management Authority approves a form under these Regulations, the Game Management Authority must cause a copy of that form to be available on its website.".
17Record books
(1)In regulation 27(1) of the Principal Regulations, for "the Secretary" (where twice occurring) substitute "the relevant body".
(2)In regulation 27(2) of the Principal Regulations—
(a)after "maintain" insert "complete,"; and
(b)for "the Secretary" substitute "the relevant body".
(3)In regulation 27(3) of the Principal Regulations, for "the Secretary" substitute "the relevant body".
18Return forms
(1)In regulation 28(1) of the Principal Regulations—
(a)after "completed" insert "fully,"; and
(b)for "the Secretary" substitute "the relevant body".
(2)In regulation 28(2) of the Principal Regulations, for "the Secretary" substitute "the relevant body".
19Return of record books and return forms
(1)In regulation 32(1) of the Principal Regulations, for "the Secretary" substitute "the relevant body".
(2)In regulation 32(2) of the Principal Regulations, for "the Secretary" (where twice occurring) substitute "the relevant body".
20Theft, loss and damage
(1)In regulation 33(2) of the Principal Regulations, for "the Secretary" (where twice occurring) substitute "the relevant body".
(2)In regulation 33(4) of the Principal Regulations, for "the Secretary" (where twice occurring) substitute "the relevant body".
21Electronic recording of information
(1)In regulation 34(1) of the Principal Regulations, for "the Secretary" substitute "the relevant body".
(2)In regulation 34(2) of the Principal Regulations, for "the Secretary" (where twice occurring) substitute "the relevant body".
(3)In regulation 34(3) of the Principal Regulations, for "the Secretary" substitute "the relevant body".
22Approvals by the relevant body
(1)In the heading to regulation 35 of the Principal Regulations, for "the Secretary" substitute "the relevant body".
(2)In regulation 35(1) of the Principal Regulations, for "The Secretary" substitute "The relevant body".
(3)In regulation 35(2) and (3) of the Principal Regulations, for "the Secretary" substitute "the relevant body".
(4)In regulation 35(4) of the Principal Regulations for "The Secretary" substitute "The relevant body".
23Notification of change of name or address
In regulation 36 of the Principal Regulations, for "the Secretary" (where twice occurring) substitute "the relevant body".
24Marking of individual wildlife
(1)In regulation 37(1) of the Principal Regulations, after "wildlife licence" insert ", other than a Game Bird Farmer Licence,".
(2)After regulation 37(1) of the Principal Regulations insert—
"(1A)The Game Management Authority may direct, in writing, the holder of a Game Bird Farmer Licence to mark any specified birds in the holder's possession—
(a)if the specified birds are diseased; or
(b)if the Game Management Authority believes, on reasonable grounds, that the specified birds are held, acquired or disposed of in contravention of the Act or a corresponding law of another State or of a Territory of the Commonwealth with respect to the specified birds; or
(c)for any other reason as determined by the Game Management Authority.".
(3)In regulation 37(2) of the Principal Regulations, for "subregulation (1)" substitute "subregulation (1) or (1A)".
25Wildlife to be bought, sold or disposed of only at specified premises
In regulation 39(b) of the Principal Regulations, for "the Secretary" substitute "the relevant body".
26Taking of wildlife
In regulation 41(6) of the Principal Regulations, for "wildlife of the taxa listed in Part A or" substitute "specified birds or any wildlife of the taxa listed in".
27Housing wildlife
(1)In the heading to regulation 43 of the Principal Regulations, after "wildlife" insert "other than specified birds".
(2)In regulation 43(1) of the Principal Regulations, after "living wildlife" insert ", other than specified birds,".
28New regulation 43A inserted
After regulation 43 of the Principal Regulations insert—
"43A Housing specified birds
(1)A holder of a Game Bird Farmer Licence other than a person referred to in subregulation (3) who possesses living specified birds must keep those birds in cages or enclosures that—
(a)are designed, constructed and maintained to provide for the adequate shelter for the specified birds; and
(b)prevent the escape or injury of the specified birds; and
(c)protect the specified birds from predators; and
(d)resist access by persons not authorised by the person who possesses the specified birds; and
(e)provide for the good health and welfare of the animal in accordance with any applicable code of practice made under the Prevention of Cruelty to Animals Act 1986 or the Domestic Animals Act 1994.
Penalty:50 penalty units.
(2)If a cage or enclosure is not designed, constructed and maintained to comply with subregulation (1), the Game Management Authority may direct in writing that the holder of a Game Bird Farmer Licence possessing the specified birds make specific changes or alterations to the enclosure within the period specified in the direction.
(3)A holder of a Game Bird Farmer Licence does not commit an offence under subregulation (1) if the person has obtained prior written approval of the Game Management Authority under subregulation (4) and is acting in accordance with that approval.
(4)The Game Management Authority may—
(a)give written approval for a holder of a Game Bird Farmer Licence to keep specified birds in an enclosure which does not comply with any or all of the requirements of subregulation (1); and
(b)impose conditions on an approval given under paragraph (a).".
29Wildlife that is not self-sufficient
(1)In regulation 45(1) of the Principal Regulations, for "the Secretary" substitute "the relevant body".
(2)In regulation 45(2)(b) of the Principal Regulations, for "taxon of wildlife listed in Part A of Schedule 5" substitute "specified birds".
30Inter-breeding of wildlife
In regulation 46(2) of the Principal Regulations, for "wildlife listed in Parts A and C of Schedule 5 with other taxa of wildlife listed in Parts A and C" substitute "specified bird or of wildlife listed in Part C of Schedule 5 with any other taxa of specified bird or any other wildlife listed in Part C".
31Exemptions from offences in the Act relating to the destruction of protected wildlife
In regulation 48(2) of the Principal Regulations—
(a)for "is listed in Part A or" substitute "is a specified bird or is wildlife listed in"; and
(b)for "the Secretary" substitute "the relevant body".
32Exemptions from offences in the Act relating to protected wildlife
(1)After regulation 49(1)(a) of the Principal Regulations insert—
"(ab)specified birds; or".
(2)In regulation 49(2)(b) of the Principal Regulations, for "the Secretary" substitute "the relevant body".
(3)After regulation 49(3)(a) of the Principal Regulations insert—
"(ab)specified birds; or ".
(4)In regulation 49(4)(b) of the Principal Regulations, for "the Secretary" substitute "the relevant body".
(5)In regulation 49(9) of the Principal Regulations—
(a)for "(other than for the purposes of taxidermy) wildlife listed in Part A or" substitute "specified birds or wildlife listed in"; and
(b)for "the Secretary" substitute "the relevant body".
(6)In regulation 49(10) of the Principal Regulations—
(a)for "(other than for the purposes of taxidermy) wildlife listed in Part A or" substitute "specified birds or wildlife listed in"; and
(b)for "the Secretary" substitute "the relevant body".
33Exemptions from import and export permit requirements in the Act
After regulation 54(a) of the Principal Regulations insert—
"(ab)any taxon of specified birds; and".
34Conditions of any Dingo Licence
In regulation 57(2)(a)(iv) of the Principal Regulations after "as approved" insert "in writing".
35Conditions applying to all Commercial Wildlife Licences
In regulation 58(a) of the Principal Regulations, after "employees of the licence holder" insert "who are employed to engage in conduct on behalf of the licence holder under that licence".
36Specified premises
In regulation 62 of the Principal Regulations, for "the Secretary" substitute "the relevant body".
37Conditions of any Wildlife Controller Licence
In regulation 63(1)(f) of the Principal Regulations, omit ", either directly or indirectly,".
38Conditions of any Game Bird Farmer Licence
(1)In regulation 70(1)(c) of the Principal Regulations, for "the Domestic Animals Act 1994;" substitute "the Domestic Animals Act 1994.".
(2)Regulation 70(1)(d) of the Principal Regulations is revoked.
39Schedule 1 amended
(1)In Schedule 1 to the Principal Regulations, omit ", and 37(1)(b)".
(2)In Schedule 1 to the Principal Regulations, in Column 3 of item 3, for "0·8 fee units" substitute "1·0 fee unit".
40Schedule 2 amended
In Schedule 2 to the Principal Regulations—
(a)in Column 2 of item 67, for "oblonga" substitute "colliei";
(b)in Column 2 of item 89, for "Physignathus" substitute "Intellagama";
(c)in Column 2 of item 90, for "Physignathus" substitute "Intellagama";
(d)in Column 2 of item 109, for "platynota" substitute "platynotus";
(e)in Column 2 of item 141, for "rugosus" substitute "rugosa";
(f)in Column 2 of item 149, omit—
"Centralian Carpet Python M. s. bredli";
(g)after item 149, insert—
"149A Centralian Carpet Python Morelia bredli";
(h)in Column 2 of item 174, for "sudelli" substitute "sudellae".
41Schedule 3 amended
In Part B of Schedule 3 to the Principal Regulations, item 53 is revoked.
42Schedule 4 amended
In Part A of Schedule 4 to the Principal Regulations, items 2, 3 and 4 are revoked.
43Schedule 5 amended
Part A of Schedule 5 to the Principal Regulations is revoked.
44Schedule 7 amended
In Schedule 7 to the Principal Regulations, for "and (b)(i)" substitute "and (b)(ii)".
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ENDNOTES
[1] Reg. 4: S.R. No. 64/2013.
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