Wildlife Conservation Amendment Regulations 1990 (WA)

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1 June 1990] GOVERNMENT GAZE 1 1 h, WA 2477

WILDLIFE CONSERVATION ACT 1950

WILDLIFE CONSERVATION AMENDMENT REGULATIONS 1990

Made by His Excellency the Lieutenant-Governor and Administrator in Execu- tive Council.

Citation

1.These regulations may be cited as the Wildlife Conservation Amendment

Regulations 1990.

Principal regulations

2.In these regulations the Wildlife Conservation Regulations* are referred to

as the principal regulations.

(*Reprinted in the Gazette of 8 March 1982 at pp. 747-800. For amendments to 15 December 1989 see page 413 of 1988 Index to Legislation of Western Australia and Gazette of 18 August 1989.1

Regulation I amended

3. Regulation 1 of the principal regulations is amended by deleting "Wildlife

avian fauna, ".

Conservation Regulations" and substituting the following—

Wildlife Conservation Regulations 1970 ".

Regulation 2 repealed

4.Regulation 2 of the principal regulations is repealed.

Regulation 3 amended

5.Regulation 3 of the principal regulations is amended by—

(a) inserting before the definition of "affix" the following definition—

"advanced avicultural licence" means advanced avicultural licence

referred to in regulation 12 (3a); ";

(b) deleting the definition of "Appendix";
(c) deleting the definition of "aviculturist's licence" and substituting the

following definition—

"avicultural licence" means avicultural licence referred to in regula-

tion 12 (3); ";

(d) deleting the definitions of "regulation", "Schedule" and "the Act"; and
(e) deleting "other than avian fauna" in the definition of "wildlife licence"
and substituting the following—
" , including Emus Dromaius novaehollandiae but excluding all other
2478 GOVERNMENT GAZE 1 1 E„ WA [1 June 1990

Regulation 3A repealed and substituted
6. Regulation 3A of the principal regulations is repealed and the following

regulation is substituted—

Exempt species of avian fauna

"3A. Regulations 12, 13, 14, 16, 18 and 19 do not apply to—

(a) King Quail Coturnix chinensis;
(b) peaceful Dove Geopelia placida;
(c) Diamond Dove Geopelia cuneata;
(d) Cockatiel or Weero Nymphicus hollandicus;
(e) Budgerygah Melopsittacus undulatus;
(f) Chestnut-breasted Mannikin Lonchura castaneothorax;
(g) Star Finch Neochmia ruficauda;
(h) Long-tailed (Blackheart) Finch Poephila acuticauda;

(i) Banded (Double-bar) Finch Poephila bichenovii;

(j) Zebra Finch Poephila guttata.

Regulation 11 amended
7. Regulation 11 of the principal regulations is amended in subregulation (6) (a)

by deleting "or wildlife sanctuary".

Regulation 12 amended

8. Regulation 12 of the principal regulations is amended—

(a) in subregulation (1) by deleting—

(i)"a licence to be known as an avian fauna licence authorizing a person" and substituting the following—

avicultural licences and advanced avicultural licences author-

izing persons "; and

(ii) "in captivity" and substituting the following—

specified in Appendix C in captivity for hobby purposes ";

(b)

in subregulation (2) by deleting— (i) "A person" and substituting the following—

Subject to regulations 13, 14 and 16, a person "; and

(ii) "such a licence" and substituting the following—

an avicultural licence or an advanced avicultural licence,

whichever is appropriate ";

(c)

by repealing subregulation (3) and substituting the following subregu- (3) An avicultural licence is a licence entitling its holder to breed and

keep the avian fauna or species or classes of avian fauna specified

in Part A of Appendix C.

(3a) An advanced avicultural licence is a licence entitling its holder to
breed and keep the avian fauna or species or classes of avian fauna
specified in Part A of Appendix C and such individual birds of the
species or classes of avian fauna specified in Parts B, C and D of

that Appendix as are listed in the advanced avicultural licence. "; in subregulation (4) (b) by deleting "birds" in both places where it occurs and substituting in each place the following—

(d)

avian fauna ";

(e) by repealing subregulation (6) and substituting the following—

(6) The fees payable with respect to the issue of a licence under this

regulation or the renewal thereof are as follows—

(a) avicultural licence—$10;
(b) advanced avicultural licence—$20. ";
(f) in subregulation (7) by—
(i) inserting after "to his licence" in paragraph (b) the following— . , other than avian fauna—

(i) bred from avian fauna lawfully kept; or

(ii) lawfully acquired,

by that holder "

(ii)inserting before "fauna" in both places where it occurs in para- graph (c) the following—

avian ";
1 June 1990] GOVERNMENT GAZE 2479

i lb, WA

(iii) deleting paragraph (e) and substituting the following paragraph—

(e) without the the issue to him before, or within one working day after, the sale or other disposal concerned of a serially numbered authority in writing, endorsed by a wildlife officer or an officer authorized in writing by the Executive Director to make such an endorsement, sell or otherwise dispose of any avian fauna of a species or class specified in Part B, C or D of Appendix C; ";

(iv) inserting after "those avian fauna" in paragraph (f) the following—

" unli ' t person is exempted in respect of those avian fauna

by suuregulation (8) (b) ";

and

(g) by repealing subregulations (7a) and (8) and substituting the following subregulations-

44

(8) Nothing in this regulation applies to—

(a) the breeding or keeping of Emus Dromaius novaehollandiae;

or

(b) a person who keeps any number of avian fauna that are of the
species or classes specified in Part A of Appendix C so long as
the number so kept does not—
(i) in the case of the avian fauna listed in item 1 of that Part,

exceed 9; and

(ii) in the case of the avian fauna listed in item 2 of that Part,

exceed 3,

and so long as that person does not sell any avian fauna.

(9) After the expiry of a period of 12 months commencing on the day on which the Wildlife Conservation Amendment Regulations 1990 come into operation, the holder of an avicultural licence or advanced avicultural licence shall keep a book of record and shall record therein all variations of his avian fauna stock including acquisitions, pur- chases, disposals, sales, exchanges, gifts, hatchings, deaths and escapes and, if he is the holder of an advanced avicultural licence and that avian fauna stock includes avian fauna specified in Part B, C or D of Appendix C—

(a) the serial number of the authority issued under subregulation
(7) (e) in respect of any sale or other disposal, or purchase or
other acquisition, of avian fauna so specified; or
(b) if he purchases or otherwise acquires any avian fauna so

specified from the holder of a bird dealer's licence which is a Special Licence, particulars of the advice of sale document issued to that holder under regulation 13 (1) in respect of that purchase or other acquisition.

(10) A licence under this regulation shall not be renewed until a copy of the record book referred to in subregulation (9) and relating to the licensing period just passed has been furnished to the Executive Director.

(11) In subregulation (7) (e)—

"working day" means day which is not an excluded day within the meaning of section 61 (2) of the Interpretation Act 1984. ".

Regulation 12A amended

9. Regulation 12A of the principal regulations is amended—

(a) avian fauna, ";

in subregulation (1) by deleting ", other than avian fauna," and " , including Emus Dromaius novaehollandiae but excluding all other

(b) by repealing subregulation (2);

(c) in subregulation (3) by deleting "or endorsed";

(d) in subregulation (4) by deleting—
(i) "or an endorsement made";
(ii) "or endorsement" in paragraph (b); and
(iii) "or endorsement" in paragraph (e);

(e) in subregulation (5) by deleting "or an endorsement made";

2480 GOVERNMENT GAZE 1 11,, WA [1 June 1990

(I) by repealing subregulation (6) and substituting the following subregu-

lation—

(6) The fee payable for the issue of a licence under this regulation

or for the renewal thereof is $10.00. ";

(g) in subregulation (7) by—

(i) deleting "or endorsed" where it first occurs;

(ii) inserting in paragraph (a) before "have in his possession" the

following—

subject to paragraph (b), ";

(iii) deleting "or endorsed on" in paragraphs (a), (b) and (d);

(iv) inserting after "to his licence" in paragraph (b) the following—

other than fauna—

(i) bred from fauna lawfully kept; or

(ii) lawfully acquired,

by that holder and

(v) deleting paragraph (e) and substituting the following paragraph—

(e) sell any fauna. ";

and

(h) by inserting after subregulation (7) the following subregulation—

(8) The holder of a licence issued under this regulation may, with
the authority in writing of the Executive Director, dispose of
(otherwise than by sale) the fauna specified in that licence. ".

Regulation 13 amended

10. Regulation 13 of the principal regulations is amended— (a) in subregulation (1) by inserting after "avian fauna" the following—

and shall cause to be issued to holders of bird dealers' licences serially numbered advice of sale documents for recording sales or other disposals of avian fauna specified in Part B, C or D of Appendix C by those holders ";
(b) in subregulation (la) by deleting—

(i)

"deal in the species or classes of birds specified in Part A of Appendix C." and substituting the following—

deal in—
(a) the species or classes of avian fauna specified in items 1 and

2 of Part A of Appendix C; or

(b) Emus Dromaius novaehollandiae. ";

(ii) "birds specified in Part A and Part B of Appendix C" and substituting the following—

avian fauna specified in items 1, 2 and 3 of Part A of Appendix

C"; and

(iii) "birds specified in Part A and Part B and such species of birds

specified in Parts C and D of Appendix C" and substituting the

following—

• avian fauna specified in Parts A and B of Appendix C and such

species of avian fauna specified in Parts C and D of that
Appendix ";

(c)

in subregulation (lb) by deleting— (i) 125.00" and substituting the following—

$50 ";

(ii) "$40.00" and substituting the following—

$100 "; and

(iii) "$65.00" and substituting the following—

$200 ";

(d) in subregulation (3b) by deleting paragraph (a);

(e) in subregulation (4) by—

(i)

deleting "immediately fauna" in paragraph (a) and substituting the following—

subject to subregulation (4a), immediately avian fauna ";

(ii)inserting before "fauna" where it occurs for the second time in paragraph (a) the following—

avian ";
1 June 1990] GOVERNMENT GAZE 1 1h, WA 2481

(iii) deleting "those birds" in paragraph (a) and substituting the

following—

that avian fauna ";

(iv) deleting "birds" where it occurs for the second time in paragraph

(a) and substituting the following—

"avian fauna "; and

(v) deleting paragraph (b) and substituting the following paragraph—

(b) immediately avian fauna is—

(0 sold, he shall record the name, address and, if the person to whom the avian fauna is sold is the holder of a licence issued under these regulations, the number of that licence; or

(ii) consigned for export from the State, the number of the

relevant export licence,

together with the number of each species of avian fauna sold or

exported, as the case requires. ";

(f) by inserting after subregulation (4) the following subregulation—

(4a) If an authority issued under regulation 12 (7) (e) authorizes a person to sell or otherwise dispose of avian fauna to the holder of a bird dealer's licence, that holder may comply with subregula- tion (4) (a) by recording the serial number of that authority in lieu of recording the number of a licence authorizing that sale or disposal.

(4b) The holder of a bird dealers' licence which is a Special Licence shall, in relation to each sale or other disposal of any avian fauna specified in Part B, C or D of Appendix C made by him to the holder of an advanced avicultural licence—

(a) complete an advice of sale document issued to him under
subregulation (1) (in this subregulation called "the sale docu-
ment";
(b) forward the original of the sale document to the Executive

Director within one working day of that sale or other disposal;

(c) forward a duplicate of the sale document to the Executive

Director with the original record furnished under subregula- tion (5) in respect of the month in which that sale or other disposal took place; and

(d) retain a duplicate of the sale document at the place of business

shown on that bird dealer's licence. ";

(g) in subregulation (5) by deleting—

(i)

"when each sheet is fully used or at the end of each month, whichever is the earlier," and substituting the following—

at the end of each month "; and

(ii) "fifteen days thereof" and substituting the following-

15 days thereof, ";
(h) in subregulation (6) by inserting—
(i) before "fauna" wherever it occurs the following—
avian "; and

(ii) after "from a person licensed" the following— " , or authorized by an authority issued under regulation

12 (7) (e), ";

and

(i)in subregulation (7) by inserting after "the circumstances in question" the following—

or that avian fauna is avian fauna referred to in regulation 3A

or 12 (8) (a) ".

Regulation 14 amended

11. Regulation 14 of the principal regulations is amended in subregulation (5)

by deleting "Acclimatization Committee appointed" and substituting the follow-
ing—

" Zoological Gardens Board established ".

Regulation 15 amended

12. Regulation 15 of the principal regulations is amended in subregulation (4) (b) by deleting "wildlife sanctuary or other".

2482 GOVERNMENT GAZETTE, WA [1 June 1990

Regulation 17 amended
13. Regulation 17 of the principal regulations is amended in subregulation (6)

by deleting "and on the formal recommendation of the Authority,".

Regulation 18 amended

14. Regulation 18 of the principal regulations is amended—

(a) in subregulation (2) by deleting—

(i)"Conservator of Wildlife the appropriate licence fee, if any, com- puted in accordance with the provisions of" in paragraph (a) and substituting the following.—

Executive Director the appropriate fee (if any) referred to

in "; and

(ii) "Acclimatization Committee appointed" in paragraph (b) (i) and

substituting the following—

Zoological Gardens Board established";
(b)

in subregulation (4) by deleting "parcel" and substituting the follow- " consignment "; and

(c) cause shown by the holder of the licence allow in writing ".

in subregulation (7) by inserting after "specified therein" the follow- " or for such longer period as the Executive Director may on good

Regulation 19 amended

15. Regulation 19 of the principal regulations is amended—

(a) in subregulation (3) by deleting—

(i)"Conservator of Wildlife a sum of money sufficient to meet the appropriate licence fee computed in accordance with the provisions of the Second Schedule to these regulations." in paragraph (a) and substituting the following—

Executive Director the administration fee (if applicable) re- ferred to in the Second Schedule. "; and

(ii) "Acclimatization Committee appointed" in paragraph (b) (i) and

substituting the following—

Zoological Gardens Board established ";
and

(b) by inserting after subregulation (3) the following subregulation—

(4) If a consignment of live fauna consists of both fauna imported into the State under a licence issued under this regulation and animals brought into the State under a licence issued under regulation 20, no administration fee is payable under regulation 20 in respect of that consignment. ".

Regulation 20 amended

16. Regulation 20 of the principal regulations is amended in subregulation (4)
by—

(a)

inserting before "paragraph (b) of this subregulation" in paragraph (a) the following—

regulation 19 (4) and ";

(b)

deleting "Conservator of Wildlife a sum of money sufficient to meet the appropriate licence fee computed in accordance with the provisions of the Second Schedule to these regulations." in paragraph (a) and substituting the following—

Executive Director the administration fee (if applicable) referred to

in the Second Schedule. "; and

(c)

deleting "Acclimatization Committee appointed" in paragraph (b) (i) and substituting the following—

Zoological Gardens Board established ".

Regulation 40A amended

17. Regulation 40A of the principal regulations is amended—

(a) in subregulation (1) by inserting after "eggs" the following—
for the sole purpose of—
(a) carving or otherwise decorating the shells, or parts of the shells, of those eggs; or
1 June 1990] GOVERNMENT GAZETTE, WA 2483

(b)

producing blown shells, or parts of blown shells, of those eggs for sale. "; and

(b)

in subregulation (3) by inserting after paragraph (a) the following " (aa) subject to section 23 of the Act, take emu eggs for a purpose

other than a purpose referred to in subregulation (1); ".

Regulation 51 amended
18. Regulation 51 of the principal regulations is amended in subregulation (2)

by deleting "and in at least one issue of a newspaper with a wide circulation

Regulation 53 amended

19. Regulation 53 of the principal regulations is amended by deleting "Public".

Regulation 56H repealed and
regulation 56H substituted
20. Regulation 56H of the principal regulations is repealed and the following

regulation is substituted—

Flora licence fees

" 56H. The fee payable in relation to a licence referred to in—

(a) section 23C (1) (a) of the Act is $100.00;
(b) section 23C (1) (b) of the Act is $10.00; or
(c) section 23D (3) of the Act is $25.00. ".

First Schedule amended
21. The First Schedule to the principal regulations is amended by repealing
paragraph 2 and substituting the following paragraph-

2. Subject to paragraph 1, the administration fee for a licence to export live fauna is $20 per consignment. ".

Second Schedule amended

22. The Second Schedule to the principal regulations is amended by repealing
paragraph 2 and substituting the following paragraph-

2. Subject to paragraph 1, the administration fee for a licence to import live fauna is $20 per consignment. ".

Appendix A amended

23. Appendix A to the principal regulations is amended—

(a) in Form 2A by deleting—

Address all returns to the—

Director of Fisheries and Wildlife,
Department of Fisheries and Wildlife,

108 Adelaide Thrrace, Perth 6000 ";

(b) by deleting Form 6 and substituting the following Form—

Form 6

WILDLIFE CONSERVATION ACT 1950

(Regulation 11)

RETURN OF AVIAN FAUNA TAKEN FOR SALE

Licensee Licence No.
Address

Trapping Details for Month of

Date Species Number Male Female Imma- Location Where Trapped

ture (incl. Land District

and Property Loc. No.)

2484 GOVERNMENT GAZE rib, WA [1 June 1990

DETAILS OF BIRDS SOLD/DIED DURING MONTH

Date Species Number Male Female Imma- To Whom Sold (Name and

ture Address) or Cause of Death

DETAILS OF BIRDS ON HAND AT END OF MONTH

Species Number Male Female Imma- Species Number Male Female Imma-

ture ture

Address all returns to District Wildlife Officer

Signature of Licence Holder

(c) in Form 7 by deleting—

Address all returns to the—

Director of Fisheries and Wildlife
Department of Fisheries and Wildlife,

108 Adelaide Tbrrace Perth 6000; ";

(d) in Form 11 by deleting `Wildlife Conservation Act regulations" and

substituting the following—

Wildlife Conservation Regulations 1970 "; and

(e) in Form 12 by deleting "Wildlife Conservation Act Regulations" and

substituting th. following—

" Wildlife Conservation Regulations 1970 ".

Appendix C amended

24.

Appendix C to the principal regulations is amended— (a) by deleting Parts A and B and substituting the following Parts—

It

Part A

1. Bourke's Parrot Neophema bourkii
Turquoise Parrot Neophema pulchella
Scarlet-Chested Parrot Neophema splendida
Pictorella Mannikin Lonchura pectoralis
Masked Finch Poephila personata
2. Sulphur-Crested Cockatoo Ca,catua galerita
Galah Ca,catua roseicapilla
Little Corella Ca,catua sanguinea
Long-Billed Corella (Central-West) Cacatua pastinator butleri
Long-Billed Corella (Eastern) Ca,catua tenuirostris
Port Lincoln Ringneck Barnardius zonarius
Western Rosella Platycercus icterotis
Red-Capped (WA King) Parrot Purpureicephalus spurius
3. Stubble Quail Coturnix novaezealandiae
Brown Quail Coturnix australis
Red-Backed Button-Quail Turnix ma,culosa
Red-Chested Button-Quail Turnix pyrrhothorax
Little Button-Quail Turnix velox
Bar-Shouldered Dove Geopelia humeralis
Green-Winged Pigeon Chalcophaps indica
Crested Pigeon Ocyphaps lophotes
1 June 1990] GOVERNMENT GAZETTE, WA 2485
Squatter Pigeon Petrophassa scripta
Partridge Pigeon Petrophassa smithii
Scaly-Breasted Lorikeet Trichoglossus chlorolepidotus
Rainbow Lorikeet Trichoglossus haematodus
Red-Collared Lorikeet Trichoglossus rubritorquis
Alexandra's (Princess) Parrot Polytelis alexandrae
Superb Parrot Polytelis swainsonii
Red-Winged Parrot Aprosmictus erythropterus
Australian (Eastern) King Parrot Alisterus scapularis
Mallee Ringneck Barnardius barnardi barnardi
Blue-Winged Parrot Neophema chrysostoma
Elegant Parrot Neophema elegans
Adelaide Rosella Platycercus elegans adelaidae
Pale-Headed Rosella Platycercus adscitus
Crimson Rosella Platycercus elegans elegans
Eastern Rosella Platycercus eximius
Yellow Rosella Platycercus elegans flaveolus
Hooded Parrot Psephotus dissimilis
Mulga Parrot Psephotus varius
Red-Rumped Parrot Psephotus haematonotus
Red-Vented Blue Bonnet Northiella haematogaster haema-
torrhous
Yellow-Vented Blue Bonnet Northiella haematogaster haema-
togaster
Plum-Headed Finch Aidemosyne modesta
Diamond Firetail Emblema guttata
Painted Firetail Emblema pieta
Red-Brown Firetail Eblema temporalis
Gouldian Finch Erythrura gouldiae
Blue-Faced Finch Erythrura trichroa
Yellow-Rumped Mannikin Lonchura flaviprymna
Crimson Finch Neochmia phaeton
Black-Throated Finch Poephila cincta

Part B

Painted Button-Quail Turnix varia
Spinifex (Red-Plumed) Pigeon Petrophassa plumifera
Common Bronzewing Phaps chalcoptera
Brush Bronzewing Phaps elegans
Major Mitchell (Pink) Cockatoo Cacatua leadbeateri
Gang-Gang Cockatoo Callocephalon fimbriatum
Baudin's Black Cockatoo Calyptorhynchus baudinii
Carnaby's Black Cockatoo Calyptorhynchus funereus latiros-
tris
Yellow-Tailed Black Cockatoo Calyptorhynchus funereus
Red-Tailed Black Cockatoo Calyptorhynchus magnificus
Eclectus Parrot Eclectus roratus
Musk Lorikeet Glossopsitta concinna
Purple-Crowned Lorikeet Glossopsitta porphyrocephala
Little Lorikeet Glossopsitta pusilla
Varied Lorikeet Psitteuteles versicolor
Swift Parrot Lathamus discolor
Regent (Smoker) Parrot Polytelis anthopeplus
Green Rosella Platycercus caledonicus
Northern Rosella Platycercus venustus
Cloncurry Parrot Barnardius barnardi macgil-
livrayi
Naretha (Little) Blue Bonnet Northiella haematogaster nare-
thae
Golden-Shouldered Parrot Psephotus chrysopterygius
Rock Parrot Neophema petrophila ";
(b) in Part C by deleting "schedule" and substituting the following—

Appendix ";

(c) in Part D by deleting—
(i) "special protection" and substituting the following—

" some form of special protection ";

(ii) ". (Excluding Alexandra (Princess) Parrot, Scarlet-chested Parrot

and Black throated (Diggles and Parsons) Finch." and substituting
the following—

and not listed in Parts A and B. ";

and

(iii) items 1, 2, 3, 4, 5, 6, 7 and 8.

[1 June 1990

2486                 GOVERNMENT GAZE 1 1 h, WA

and "Conservator" replaced
25. (1) The principal regulations are amended by deleting "Conservator of

References to "Conservator of Wildlife" subregulation and substituting in each case the following-

Executive Director ".

Table

Regulations 3 (definitions of "registered" and "tag"), 6 (7) and (8), 7 (6) and (9b) (c), 8 (3a) (c), 8A (1), (4), (6) and (7), 9 (2) and (6), 10 (1) (definition of "registered agent"), (6) (a) and (7) (a), 11(5) (b), 12 (4) (a), 12A (4) (a), 12B (4), 13 (5), 14 (3), 15 (2), (3) (e) and (5), 16 (2) (b) and (3), 17 (3), (5) and (6), 18 (2) (b) (ii), (3) and (5), 19 (3) (b) (ii), 20 (3) (a) and (4) (b) (ii), 21 (6), 22 (6), 23 (2), (3), (4) and (5), 24 (1), 25 (1) and (2), 26 (6), 29 (a), 35 (1), (2) and (5), 37 (1), (2) and (3), 39, 40 (1) and (2), 40A (4), 50 (2) (e), (6) (b),

(7), (8), (9) and (13), 51(1) and (2), 53, 54 (10), 56C, 56E (2), 56G (1), 58,

59 (1) and 61(3), First Schedule (paragraph 1) and Appendix A (Forms 13,

16 and 17).

(2) The principal regulations are amended in regulations 15 (4) (a) and 40A

(4) by deleting "Conservator" and substituting in each case the following-

Executive Director ".

Dated this 24 April 1990.

By His Excellency's Command,

G. PEARCE, Clerk of the Council.

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