Wildlife Amendment Regulations 2018 (Vic)

Wildlife Amendment Regulations 2018

S.R. No. 21/2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Exemptions from offences in the Act relating to protected wildlife

5Exemptions from offences relating to possessing threatened and protected wildlife for the purposes of conveying and transporting the wildlife

6New regulation 52A inserted

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Endnotes

STATUTORY RULES 2018

S.R. No. 21/2018

Wildlife Act 1975

Wildlife Amendment Regulations 2018

The Lieutenant-Governor with the advice of the Executive Council makes the following Regulations:

Dated: 27 February 2018

Responsible Minister:

LILY D'AMBROSIO
Minister for Energy, Environment and Climate Change

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Wildlife Regulations 2013 to provide for further exemptions from the offence under section 47 of the Wildlife Act 1975.

2Authorising provision

These Regulations are made under section 87 of the Wildlife Act 1975.

3Commencement

These Regulations come into operation on 1 March 2018.

4Exemptions from offences in the Act relating to protected wildlife

For regulation 49(9) of the Wildlife Regulations 2013[1] substitute—

"(9)A person who acquires, receives, possesses, buys, sells, displays, disposes of or processes specified birds or wildlife listed in Part C of Schedule 5 is exempt from the operation of section 47 of the Act, to the extent that section 47 relates to the acquiring, receiving, possessing, buying, selling, displaying, disposing of or processing (other than for the purposes of taxidermy) of that wildlife by the person, if—

(a)the wildlife has been bred in captivity or is from a source approved by the relevant body; or

(b)the person is the operator of a meat processing facility licensed under the Meat Industry Act 1993 and the wildlife has been obtained legally from—

(i)the holder of a licence under section 22 or 22A of the Act or an authority under section 28A of the Act who is acting in accordance with that licence or authority; or

(ii)a person acting in accordance with an authorisation order made under section 28G of the Act.

(9A)A person who acquires, receives, possesses or disposes of wildlife listed in Part C of Schedule 5 and who is the operator of a landfill licensed under the Environment Protection Act 1970 is exempt from the operation of section 47 of the Act, to the extent that section 47 relates to the acquiring, receiving, possessing or disposing of that wildlife by that person, if the dead wildlife has been obtained legally from—

(a)a person acting in accordance with an Order made under section 7A of the Act; or

(b)the holder of a licence under section 22 or 22A of the Act or an authority under section 28A of the Act who is acting in accordance with that licence or authority; or

(c)a person acting in accordance with an authorisation order made under section 28G of the Act.

(9B)A person who acquires, receives, possesses or processes wildlife listed in Part C of Schedule 5 is exempt from the operation of section 47 of the Act, to the extent that section 47 relates to the acquiring, receiving, possessing or processing of that wildlife by that person, if that person processes that wildlife on behalf of and for personal consumption by—

(a)a person acting in accordance with an Order made under section 7A of the Act; or

(b)the holder of a licence under section 22 or 22A of the Act or an authority under section 28A of the Act who is acting in accordance with that licence or authority; or

(c)a person acting in accordance with an authorisation order made under section 28G of the Act.

(9C)A person who is—

(a)acting in accordance with an Order made under section 7A of the Act; or

(b)the holder of a licence under section 22 or 22A of the Act or an authority under section 28A of the Act who is acting in accordance with that licence or authority; or

(c)acting in accordance with an authorisation order made under section 28G of the Act—

is exempt from the operation of section 47 of the Act, to the extent that section 47 relates to the disposing of wildlife listed in Part C of Schedule 5, if that person disposes of the wildlife to a person operating under subregulation (9), (9A) or (9B), as the case applies.".

5Exemptions from offences relating to possessing threatened and protected wildlife for the purposes of conveying and transporting the wildlife

In regulation 52(1) of the Wildlife Regulations 2013, after "possesses wildlife" insert "(except wildlife listed in Part C of Schedule 5)".

6New regulation 52A inserted

After regulation 52 of the Wildlife Regulations 2013 insert—

"52A   Exemptions from offences relating to possessing deer for the purposes of transporting the deer

(1)A person acting in accordance with an Order made under section 7A of the Act who possesses wildlife listed in Part C of Schedule 5 and is transporting the wildlife on Crown land is exempt from the operation of section 47 of the Act, to the extent that section 47 relates to the possession of wildlife.

(2)A person who possesses wildlife listed in Part C of Schedule 5 for the purposes of transporting it on behalf of, or at the request of—

(a)a person acting in accordance with an Order made under section 7A of the Act (where the wildlife is being transported on Crown land); or

(b)the holder of a licence under section 22 or 22A of the Act or an authority under section 28A of the Act who is acting in accordance with that licence or authority; or

(c)a person acting in accordance with an authorisation order made under section 28G of the Act—

is exempt from the operation of section 47 of the Act, to the extent that section 47 relates to the possession of wildlife, in the circumstances set out in subregulation (3).

(3)For the purposes of subregulation (2), the circumstances are that the person has a letter of authorisation or delivery docket that has been provided by the licence or authority holder which the person reasonably believes states—

(a)the name and address of the licence or authority holder from whom the wildlife was sourced; and

(b)the address of the property or location from which the wildlife was sourced; and

(c)the name and address of the person to whom the wildlife is being consigned; and

(d)the date on which the wildlife is being transported.".

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Endnotes

[1] Reg. 4: S.R. No. 64/2013 as amended by S.R. Nos 75/2014 and 155/2014.