Wildlife Conservation Amendment Regulations 2003 (WA)

4 February 2003	GOVERNMENT GAZETTE, WA	323
- PART 1 -

CONSERVATION

(0301*

Wildlife Conservation Act 1950

Wildlife Conservation Amendment

Regulations 2003

Made by the Governor in Executive Council.

I.           Citation

These regulations may be cited as the Wildlife Conservation
Amendment Regulations 2003.

2.            The regulations amended

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

[* Reprinted as at 7 June 2002.

For amendments to 10 December 2002 see Gazette
24 September 2002.]

3.             Regulation 3 amended

Herpetofauna Regulations to be pet herpetofauna

Regulation 3 is amended by deleting the definition of "Pet definition instead —

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"Pet Herpetofauna Regulations" means the Wildlife

Conservation (Reptiles and Amphibians)
Regulations 2002;

4.            Regulation 12A amended

Regulation 12A(1) is amended by deleting "and excluding fauna
that is declared under the Pet Herpetofauna Regulations to be
pet herpetofauna" and inserting instead

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and excluding fauna that is declared under the Pet

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5.            Regulation 14 amended

Regulation 14(laa) is repealed and the following subregulation is inserted instead -

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

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

6.           Regulation 18 amended

(1)	Regulation 18(la) is repealed and the following subregulation is inserted instead -
(la) 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 deleting "or the Pet Herpetofauna Regulations" and inserting instead -
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or the Pet Herpetofauna Regulations

7.            Regulation 19 amended

Regulation 19(2a) is repealed and the following subregulation is inserted instead -

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(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

8.            Regulations 28 and 28A replaced

Regulations 28 and 28A are repealed and the following

regulations are inserted instead -

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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 pet herpetofauna under the Pet Herpetofauna Regulations;
(b)	it is avian fauna listed in regulation 3A;
(c)	it is kept in accordance with a licence issued under these regulations or the Pet Herpetofauna Regulations; or
(d)	it is temporarily kept in accordance with regulation 28A.

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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 authorised 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.

9.            References to Pet Herpetofauna Regulations inserted

(1) Each provision referred to in the Table to this regulation is

amended by deleting "or the Pet Herpetofauna Regulations" and

inserting instead -

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or the Pet Herpetofauna Regulations ".

Table

r.

326	GOVERNMENT GAZETTE, WA	4	February 2003
r. 50(4) r. 57 r. 60(1), (2)

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

amended by deleting ", these regulations or the Pet inserting instead —

these regulations or the Pet Herpetofauna Regulations ".

By Command of the Governor,

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