Wildlife Conservation Amendment Regulations 2002 (WA)

24 September 2002 GOVERNMENT GAZETTE, WA 4763

C0301*

Wildlife Conservation Act 1950

Wildlife Conservation Amendment

Regulations 2002

Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.

1.           Citation

These regulations may be cited as the Wildlife Conservation
Amendment Regulations 2002.

2.             Commencement

These regulations come into operation on the day on which the
Wildlife Conservation (Reptiles and Amphibians)
Regulations 2002 come into operation.

3.            The regulations amended

,,

The amendments in these regulations are to the Wildlife
Conservation Regulations 1970*.

r Reprinted 30 January 1992.

For amendments to 5 March 2002 see 2000 Index to
Legislation of Western Australia, Table 4, p. 412 and Gazette
14 August 20011

4.            Regulation 3 amended

Regulation 3 is amended by inserting the following definition in the appropriate alphabetical position -

44

"Pet Herpetofau n a Regulations" means the Wildlife

Conservation (Reptiles and Amphibians)

Regulations 2002;

4764 GOVERNMENT GAZETTE, WA 24 September 2002

5.            Regulation 12A amended

Regulation 12A(l) is amended by inserting after "avian

fauna"-

"

and excluding fauna that is declared under the Pet Herpetofauna Regulations to be pet herpetofauna

6.            Regulation 14 amended

After regulation 14(1) the following subregulation is inserted -

(I aa) A fauna farm licence shall not be issued in relation to

fauna that is declared under the Pet Herpetofauna
Regulations to be pet herpetofauna.

7.            Regulation 18 amended

(1) After regulation 18(1) the following subregulation is inserted -

"

(1 a) A licence referred to in subregulation (1) shall not be

issued in relation to fauna that is declared under the Pet

Herpetofauna Regulations to be pet herpetofauna.

(2)	Regulation 18(6) is amended by inserting after "this regulation" -
44

or the Pet Herpetofauna Regulations ".

8.            Regulation 19 amended

After regulation 19(2) the following subregulation is inserted -

33

(2a) A licence referred to in subregulation (2) shall not be

issued in relation to fauna that is declared under the Pet
Herpetofauna Regulations to be pet herpetofauna

9.           Regulation 28 replaced and regulation 28A inserted

Regulation 28 is repealed and the following regulations are inserted instead -

33  

28.          Certain fauna not to be kept without a licence

A person must not keep fauna in captivity or confinement unless -

(a)	it is category 1 herpetofauna under the Herpetofauna Regulations;
(b)	it is avian fauna listed in regulation 3A;

24 September 2002 GOVERNMENT GAZETTE, WA 4765

(c)	it is kept in accordance with a licence issued under these regulations or the Herpetofauna Regulations; or
(d)	it is temporarily kept in accordance with regulation 28A.

28A. Caring for sick or injured fauna

(1) A person may temporarily keep in captivity or

confinement fauna that is sick, diseased or injured or
that is abandoned juvenile fauna, for the purpose of
caring for it until it recovers or becomes capable of

fending for itself.

(2) A person who takes into captivity or confinement

under subregulation (1) fauna that has been declared by
the Minister, by notice in the Gazette, to be notifiable,
must notify the Minister within the period specified in

the notice that the person is keeping the fauna.

(3) A person who keeps fauna under subregulation (1)

must, as soon as practicable after it recovers or
becomes capable of fending for itself, release it in a

place where such fauna is ordinarily found in the wild.

(4) If a person keeping fauna under subregulation (1) -

(a)	is directed to do so by a wildlife officer; or
(b)	is unable to release the fauna in accordance with subregulation (3),

the person must -

(c)	give the fauna to a wildlife officer;
(d)	with the approval of the Minister, give it to a person who is authorized under a licence to keep it; or

(e)	if it is unlikely to recover or become able to
fend for itself, have it humanely destroyed.

(5) In subregulation (1) -
"abandoned juvenile fauna" means fauna -

(a)	of a species the juveniles of which are normally cared for by a parent;
(b)	that is of an age at which it would normally still be being cared for by a parent; and
(c)	that has been abandoned by its parents.

10. References to Pet Herpetofauna Regulations inserted

(1) The provisions set out in the Table to this regulation are

amended by inserting after "these regulations" -

44

or the Pet Herpetofauna Regulations ".

4766 GOVERNMENT GAZETTE, WA 24 September 2002

Table of amendments

reg. 7(11)(b)
reg. 10(5)
reg. 16(1)
reg. 50(4)
reg. 57

reg. 60(1), (2)

(2) Regulation 54(1)(b), (3), (4)(i), (9)(b) and (11)(c) are amended

by deleting "or these regulations" and inserting instead —

these regulations or the Pet Herpetofauna Regulations ".

By Command of the Lieutenant-Governor and deputy of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.