Wildlife Amendment Regulations (No. 2) 2007 (TAS)

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Wildlife Amendment Regulations (No. 2) 2007

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Nature Conservation Act 2002 .25 June 2007

W. J. E. COX

Governor

By His Excellency’s Command,

D. E. LLEWELLYN

Minister for Primary Industries and Water

1Short titleThese regulations may be cited as the Wildlife Amendment Regulations (No. 2) 2007 . 2CommencementThese regulations take effect on 16 July 2007. 3Principal RegulationsIn these regulations, the Wildlife Regulations 1999 are referred to as the Principal Regulations. 4Regulation 3 amended (Interpretation) Regulation 3(1) of the Principal Regulations is amended as follows: (a) by inserting the following definition after the definition of cage : certified forest practices plan means a certified forest practices plan within the meaning of the Forest Practices Act 1985 ; (b) by inserting the following definition after the definition of protected wildlife : public authority management agreement means a public authority management agreement within the meaning of the Threatened Species Protection Act 1995 ; 5Regulation 15 amended (Prohibition on taking specially protected wildlife) Regulation 15 of the Principal Regulations is amended by inserting after subregulation (2) the following subregulation: (3)  Also, subregulation (1) does not apply to the taking of specially protected wildlife by – (a) a person undertaking the clearance of native vegetation or the harvesting of trees in accordance with a certified forest practices plan or a public authority management agreement, unless the Secretary, by notice in writing, requires the person to obtain a permit; or (b) a person undertaking dam works in accordance with a dam permit granted under the Water Management Act 1999 after the commencement of Part 3 of the Dam Works Legislation (Miscellaneous Amendments) Act 2007 . 6Regulation 16 amended (Taking protected wildlife) Regulation 16 of the Principal Regulations is amended by inserting after subregulation (2) the following subregulation: (3)  Also, subregulation (1) does not apply to the taking of protected wildlife by – (a) a person undertaking the clearance of native vegetation or the harvesting of trees in accordance with a certified forest practices plan or a public authority management agreement, unless the Secretary, by notice in writing, requires the person to obtain a permit; or (b) a person undertaking dam works in accordance with a dam permit granted under the Water Management Act 1999 after the commencement of Part 3 of the Dam Works Legislation (Miscellaneous Amendments) Act 2007 . 7Regulation 17 amended (Partly protected wildlife) Regulation 17 of the Principal Regulations is amended by inserting after subregulation (2) the following subregulation: (2A)  Subregulations (1) and (2) do not apply to the taking of partly protected wildlife by – (a) a person undertaking the clearance of native vegetation or the harvesting of trees in accordance with a certified forest practices plan or a public authority management agreement, unless the Secretary, by notice in writing, requires the person to obtain a permit; or (b) a person undertaking dam works in accordance with a dam permit granted under the Water Management Act 1999 after the commencement of Part 3 of the Dam Works Legislation (Miscellaneous Amendments) Act 2007 .

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 4 July 2007

These regulations are administered in the Department of Primary Industries and Water.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations amend the

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