Wildlife Further Amendment Regulations 2018 (Vic)
Wildlife Further Amendment Regulations 2018
S.R. No. 164/2018
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Principal Regulations
4Definitions
5Wildlife Basic Licence
6Wildlife Advanced Licence
7Wildlife Specimen Licence
8Wildlife Dealer Licence
9Wildlife Taxidermist Licence
10Regulation 31 substituted
11Wildlife to be bought, sold or disposed of only at specified premises
12New regulation 39A inserted
13New regulation 51A inserted
14Conditions of any Wildlife Basic Licence and any Wildlife Advanced Licence
15Conditions of any Wildlife Specimen Licence
16Regulation 62 substituted
17Conditions of any Wildlife Dealer Licence
18Conditions of any Wildlife Demonstrator Licence
19Conditions of any Wildlife Displayer Licence
20Conditions of any Wildlife Taxidermist Licence
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Endnotes
STATUTORY RULES 2018
S.R. No. 164/2018
Wildlife Act 1975
Wildlife Further Amendment Regulations 2018
The Governor in Council makes the following Regulations:
Dated: 16 October 2018
Responsible Minister:
LILY D'AMBROSIO
Minister for Energy, Environment and Climate ChangeANDREW ROBINSON
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Wildlife Regulations 2013—
(a) to provide for the approval of wildlife events at which the holders of certain wildlife licences may conduct certain transactions; and
(b)to provide for the use of record books at approved wildlife events; and
(c)to prescribe additional conditions to which wildlife licences are subject with respect to approved wildlife events; and
(d)to provide an exemption for holders of certain wildlife licences participating in approved wildlife events; and
(e)to make other miscellaneous amendments.
2Authorising provision
These Regulations are made under section 87 of the Wildlife Act 1975.
3Principal Regulations
In these Regulations, the Wildlife Regulations 2013[1] are called the Principal Regulations.
4Definitions
(1)In regulation 5 of the Principal Regulations insert the following definition—
"wildlife event means an event approved by the Secretary in accordance with regulation 39A.".
(2)In regulation 5 of the Principal Regulations, in the definition of trap, for "wildlife." substitute "wildlife;".
5Wildlife Basic Licence
In regulation 7 of the Principal Regulations, after "breed," insert "display,".
6Wildlife Advanced Licence
In regulation 8 of the Principal Regulations, after "breed," insert "display,".
7Wildlife Specimen Licence
In regulation 9 of the Principal Regulations, after "keep," insert "display,".
8Wildlife Dealer Licence
In regulation 12(a) of the Principal Regulations, after "breed," insert "display,".
9Wildlife Taxidermist Licence
In regulation 18(a) of the Principal Regulations, after "keep," insert "display,".
10Regulation 31 substituted
For regulation 31 of the Principal Regulations substitute—
"31 Storage of record books and return forms
(1)Subject to subregulation (2), the holder of a wildlife licence must ensure that the record book and copies of return forms are kept in a safe and secure place at the premises specified in the licence.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 30 penalty units.
(2)The holder of a wildlife licence may remove the record book from the premises specified in the licence for the purposes of undertaking a transaction in circumstances set out in regulation 39(a), (b) or (ba).".
11Wildlife to be bought, sold or disposed of only at specified premises
After regulation 39(b) of the Principal Regulations insert—
"(ba)the transaction occurs at a wildlife event and is in accordance with any conditions imposed under regulation 39A(2)(c); or".
12New regulation 39A inserted
After regulation 39 of the Principal Regulations insert—
"39A Approval of wildlife events
(1)The Secretary, by notice published in the Government Gazette, may approve a wildlife event at which the holder of any class of wildlife licence specified in the notice may display, buy, sell, acquire, receive, keep or possess wildlife in accordance with that licence.
(2)A notice under subregulation (1)—
(a)must specify the date and place of the wildlife event; and
(b)must specify the categories of wildlife licence to which the event applies, being one or more of the following—
(i)Wildlife Basic Licence;
(ii)Wildlife Advanced Licence;
(iii)Wildlife Specimen Licence;
(iv)Wildlife Dealer Licence;
(v)Wildlife Demonstrator Licence;
(vi)Wildlife Displayer Licence;
(vii)Wildlife Taxidermist Licence; and
(c)may specify any conditions that apply to the displaying, buying, selling, acquiring, receiving, keeping or possessing of wildlife at the wildlife event.".
13New regulation 51A inserted
After regulation 51 of the Principal Regulations insert—
"51A Exemptions from offence in the Act relating to the sale etc. of wildlife
(1)A person who displays, buys, sells, acquires, receives, keeps or possesses wildlife at a wildlife event is exempt from the operation of section 47 of the Act to the extent that section 47 relates to the displaying, buying, selling, acquiring, receiving, keeping or possessing of that wildlife by the person, in the circumstances set out in subregulation (2).
(2)For the purposes of subregulation (1), the circumstances are that—
(a)the person holds a wildlife licence specified in the notice under regulation 39A(2)(b) in relation to the wildlife event; and
(b)the person complies with any conditions imposed under regulation 39A(2)(c) in relation to the wildlife event.".
14Conditions of any Wildlife Basic Licence and any Wildlife Advanced Licence
(1)For regulation 55(b) of the Principal Regulations substitute—
"(b) sell or dispose of wildlife from a shop or business premises, other than at a wildlife event; or
(ba)display wildlife, other than at a wildlife event; or
(bb)charge a fee for the display of wildlife at a wildlife event; or".
(2)At the end of regulation 55 of the Principal Regulations insert—
"(2)It is a condition of any Wildlife Basic Licence and of any Wildlife Advanced Licence that the licence holder must act in accordance with any conditions imposed under regulation 39A(2)(c) while participating in a wildlife event.".
15Conditions of any Wildlife Specimen Licence
At the end of regulation 56 of the Principal Regulations insert—
"(2)It is a condition of any Wildlife Specimen Licence that the licence holder must not—
(a)display wildlife, other than at a wildlife event; or
(b)charge a fee for the display of wildlife at a wildlife event.
(3)It is a condition of any Wildlife Specimen Licence that the licence holder must act in accordance with any conditions imposed under regulation 39A(2)(c) while participating in a wildlife event.".
16Regulation 62 substituted
For regulation 62 of the Principal Regulations substitute—
"62 Specified premises
(1)It is a condition of each category of wildlife licence specified in subregulation (2) that the holder of the licence must keep the wildlife at premises specified in the licence unless—
(a)the holder of the licence has the prior written approval of the relevant body to keep the wildlife at a different premises; or
(b)if applicable, the holder of the licence is participating in a wildlife event.
(2)The following wildlife licences are specified for the purposes of subregulation (1)—
(a)Wildlife Basic Licence;
(b)Wildlife Advanced Licence;
(c)Wildlife Specimen Licence;
(d)Dingo Licence;
(e)Wildlife Dealer Licence;
(f)Wildlife Taxidermist Licence;
(g)Game Bird Farmer Licence;
(h)Wildlife Processor Licence.".
17Conditions of any Wildlife Dealer Licence
After regulation 65(1)(d) of the Principal Regulations insert—
"(da)act in accordance with any conditions imposed under regulation 39A(2)(c) while participating in a wildlife event;".
18Conditions of any Wildlife Demonstrator Licence
After regulation 66(1)(c) of the Principal Regulations insert—
"(ca)act in accordance with any conditions imposed under regulation 39A(2)(c) while participating in a wildlife event;".
19Conditions of any Wildlife Displayer Licence
After regulation 67(1)(i) of the Principal Regulations insert—
"(ia)act in accordance with any conditions imposed under regulation 39A(2)(c) while participating in a wildlife event;".
20Conditions of any Wildlife Taxidermist Licence
For regulation 73(1)(c) of the Principal Regulations substitute—
"(c)not display the wildlife specified in the licence to the public at premises other than those specified in the licence for the purpose of promoting the licence holder's business unless—
(i)the licence holder has obtained the written approval of the Secretary; or
(ii)the display occurs at a wildlife event;
(d)act in accordance with any conditions imposed under regulation 39A(2)(c) while participating in a wildlife event.".
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Endnotes
[1] Reg. 3: S.R. No. 64/2013 as amended by S.R. Nos 75/2014, 155/2014 and 21/2018.
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