Wildlife Protection (Regulation of Exports and Imports) Regulations 1984 (Cth)
made under the
Consolidated as in force on 7 July 1999
(includes amendments up to SR 1999 No. 28)
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
made under the
Page
• • • • • • • • • • • • • • • • • • •
These regulations are the
Wildlife Protection (Regulation of Exports and Imports) Regulations 1984 .
(1) In these Regulations, unless the contrary intention appears:
research or investigation means research or investigation in connection with scientific research.
the Act means theWildlife Protection (Regulation of Exports and Imports) Act 1982 .
(2) For the purposes of these regulations, an animal or a plant shall be deemed to have been taken in the wild:
(a) in the case of an animal — if it was not bred in captivity as defined in regulation 8; and
(b) in the case of a plant — if it was not artificially propagated as defined in regulation 9.
(3) For the purposes of these regulations:
(a) where a live animal (other than animal reproductive material) that was taken in the wild dies, the dead animal and specimens derived from the dead animal shall be taken to be specimens derived from that live animal; and
(b) where a live plant (other than plant reproductive material) that was taken in the wild dies, the dead plant and specimens derived from the dead plant shall be taken to be specimens derived from that live plant.
For the purposes of the definition of
prescribed scientific organization in subsection 4 (1) of the Act, the following class of scientific organizations is declared to be a prescribed class of scientific organizations, namely scientific organizations that:
(a) have research or investigation into or involving specimens as their major function;
(b) are non-profit making and primarily non-commercial;
(c) where situated in Australia or an external Territory — engage in commercial transactions in specimens only where those specimens are, or are derived from animals and plants that are:
(i) bred in captivity or artificially propagated;
(ii) native Australian animals or native Australian plants;
(iii) specimens specified in Part I of Schedule 2 to the Act that have been taken in accordance with an approved management program; or
(iv) specimens not specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3, to the Act;
(d) where situated outside Australia or an external Territory — do not engage in commercial transactions in:
(i) specimens that are, or are derived from, native Australian animals or native Australian plants; or
(ii) specimens specified in Part I of Schedule 1 to the Act, unless they have been, or are derived from animals or plants that have been, bred in captivity or artificially propagated and are not native Australian animals or native Australian plants;
(e) use specimens, the export or import of which is regulated under the Act, for no purpose other than undertaking research or investigation or carrying out public education programs;
(f) possess resources and qualifications that enable the undertaking of research or investigation;
(g) publish or otherwise make available to the public or the government of the country in which they are situated the results of their research or investigation into or involving specimens;
(h) during, and upon completion of, research or investigation or a public education program:
(i) involving a specimen that has been imported under the Act — will not allow that specimen to become an object of trade unless it is:
(A) a specimen specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3, to the Act, that has been, or is derived from an animal or plant that has been, bred in captivity or artificially propagated;
(B) a specimen specified in Part I of Schedule 2 to the Act that has been taken in accordance with an approved management program or is derived from an animal or plant that has been so taken; or
(C) a specimen not specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3 to the Act; or
(ii) involving a specimen that has been exported under the Act — will not allow that specimen to become an object of trade unless:
(A) it is a specimen specified in Part I of Schedule 1, Part I of Schedule 2 or Part I of Schedule 3, to the Act, that has been, or is derived from an animal or plant that has been, bred in captivity or artificially propagated; and
(B) it is not a specimen that is, or is derived from, a native Australian animal; and
(j) import or export a specimen that has been taken in the wild only if a specimen that has been bred in captivity or artificially propagated cannot be used for the purposes of the research or investigation, or public education program, for which that specimen is required.
For the purposes of subsection 8 (4) of the Act, the Director of Quarantine under the
Quarantine Act 1908 is a prescribed person.
(1) For the purposes of subsection 10 (2) of the Act, the Minister must not declare a management program to be an approved management program unless he or she is satisfied:
(a) that there is available to the Designated Authority sufficient information concerning the biology and ecology of each species intended to be subject to the management program to enable the Designated Authority to evaluate a management program for that species; and
(b) in the case of a management program that is proposed to be carried out, is being carried out, or has been carried out in another country — that the Designated Authority has received and considered information relating to the management program; and
(c) in the case of a management program that is proposed to be carried out, is being carried out, or has been carried out in Australia or in an external Territory —that the Designated Authority has held discussions with all relevant bodies; and
(d) after receiving and considering advice from the Designated Authority — that the management program contains measures to ensure that the taking in the wild, under the management program, of an affected specimen will be carried out so as to maintain the species or sub-species in a manner that is not likely to cause irreversible changes to, or long-term deleterious effects on, the species or sub-species, or its habitat; and
(e) after receiving and considering advice from the Designated Authority — that the management program provides for adequate periodic monitoring and assessment of the effects of taking specimens, under the management program, on the species or sub-species to which those specimens belong, their habitat and any other species or sub-species specified in writing by the Designated Authority as likely to be affected by that taking; and
(f) after receiving and considering advice from the Designated Authority — that the management program provides for a response to changes in:
(i) the populations and habitats of the species subject to the program; and
(ii) knowledge and understanding of the biology and ecology of that or those species; and
(g) after receiving and considering advice from the Designated Authority — that the management program is consistent with the object of the Act.
(2) In paragraph (1) (c):
relevant body , in relation to a management program, means a body having, under any law of the Commonwealth or a State or Territory, powers or duties for the protection, conservation or management of animals or plants subject to the management program.
(1) For the purposes of subsection 10A (5) of the Act, matters that the Minister must take into account are:
(a) the distribution of the species from which the specimens that would be taken would be derived, and its national regional status and abundance; and
(b) the likely effect of the taking of specimens on the population from which the specimens would be derived; and
(c) any existing management provisions under laws relating to the species, or the population, from which the specimens would be derived; and
(d) in the case of an ordinary specimen — advice from the Designated Authority following his or her consideration of information relating to the management of the animals or plants from which the specimen would be derived; and
(e) in the case of an ordinary Australian specimen — advice from the Designated Authority following his or her discussions with any relevant body; and
(f) advice from the Designated Authority as to:
(i) the nature and extent of controls over the taking, possession and disposal of the specimens; and
(ii) the nature and extent of any proposed or potential trade in the specimens for commercial purposes; and
(iii) any management and monitoring procedures necessary to ensure that the population from which the specimens would be derived will not be adversely affected by the proposed level of exploitation.
(2) In paragraph (1) (e):
relevant body , in relation to a specimen, means a body having powers or duties under the law of the Commonwealth or a State or Territory for the protection, conservation or management of the plants or animals from which the specimen would be derived.
For the purposes of subsection 11 (2) of the Act, the Designated Authority shall not declare an organization to be an approved institution in relation to a class or classes of specimens unless he is satisfied that the organization is suitably equipped to, and will:
(a) manage, confine and care for; and
(b) where appropriate, house;
live animals or live plants belonging to that class, or those classes, of specimens and will:
(c) maintain adequate records relating to the matters referred to in paragraphs (a) and (b) and to the breeding, mortality, and disposal, of such live animals or live plants; and
(d) produce those records when required to do so by the Designated Authority.
For the purposes of subsection 12 (2) of the Act, the Designated Authority shall not declare a zoological organization, other than a wildlife authority administered by the Commonwealth or by a State or Territory, to be an approved zoological organization in relation to a class, or classes, of specimens, unless he is satisfied:
(a) that the zoological organization is owned by the Commonwealth, a State or a Territory, or by a government in another country;
(b) that the zoological organization is administered by:
(i) the Commonwealth, a State or a Territory;
(ii) an instrumentality of the Commonwealth, a State or a Territory; or
(iii) a government in, or an instrumentality of a government in, another country; or
(c) that a learned zoological society owns the zoological organization, administers it or controls its administration;
and that:
(d) the breeding or public exhibition of specimens is the major function of the zoological organization;
(e) the zoological organization is a non-profit making and primarily non-commercial organization;
(f) in the case of a zoological organization that is situated in Australia or an external Territory — the zoological organization does not engage in commercial trade in specimens, unless the specimens are:
(i) bred in captivity;
(ii) native Australian animals;
(iii) specimens specified in Part I of Schedule 2 to the Act that have been taken in accordance with an approved management program; or
(iv) specimens not specified in Part I of Schedule 1, Part I of Schedule 2, or Part I of Schedule 3, to the Act;
(g) in the case of a zoological organization that is not situated in Australia or an external Territory — the organization does not engage in commercial trade in specimens that are:
(i) native Australian animals; or
(ii) specified in Part I of Schedule 1 to the Act, other than specimens that have been bred in captivity; and
(h) the zoological organization will only import or export a specimen that has been taken in the wild if a specimen that has been bred in captivity cannot be used for breeding or public exhibition.
(1) For the purposes of subparagraph 13 (1) (e) (ii) of the Act, a breeding program of the following kind is specified, that is, a program that:
(a) involves at least 1 approved zoological organisation; and
(b) ensures that any progeny may be taken to have been bred in captivity, within the meaning of regulation 8; and
(c) the Designated Authority is satisfied:
(i) is operated with the intention of conserving the species (whether in the wild, or in captivity, or both); and
(ii) is operated in a way that is not detrimental to the survival of the species in the wild; and
(d) is operated for the purpose of ensuring a healthy and viable captive population; and
(e) does not allow animals used in the breeding program, or any progeny, to be used for primarily commercial gain.
(2) For the purposes of subparagraph 13 (1) (f) (ii) of the Act, a breeding program of the following kind is specified, that is, a program:
(a) that involves at least 1 approved zoological organisation; and
(b) that ensures that any progeny may be taken to have been bred in captivity, within the meaning of regulation 8; and
(c) that the Designated Authority is satisfied:
(i) is operated with the intention of conserving the species (whether in the wild, or in captivity, or both); and
(ii) is operated in a way that is not detrimental to the survival of the species in the wild; and
(d) that is operated for the purpose of ensuring a healthy and viable captive population; and
(e) that does not allow animals used in the breeding program, or any progeny, to be used for primarily commercial gain; and
(f) that the wildlife authorities in the range States or countries (that is, the States or countries where the species occurs naturally) are given an opportunity to comment on; and
(g) in respect of which the Designated Authority is satisfied that the person or organisation operating the breeding program will take those authorities’ views into account.
(1) For the purposes of section 14 of the Act, any live animal shall be taken to have been bred in captivity if that live animal was born or otherwise produced:
(a) where reproduction is sexual — of parents that mated, or otherwise transferred gametes, in a controlled environment as defined in subregulation (2); or
(b) where reproduction is asexual — from an animal that was in a controlled environment as defined in subregulation (2) when development of the progeny began;
as part of a program for breeding live animals in captivity that:
(c) has been established in a manner not detrimental to the survival in the wild of the kind of animal to which that animal belongs;
(d) is maintained without augmentation from the wild, except for the addition, from time to time, of animals, eggs or gametes of that kind of animal in order to prevent deleterious inbreeding, with the magnitude of such additions being determined by the need for new genetic material and for no other reason; and
(e) is managed in a manner that has been demonstrated to be capable of reliably producing second generation offspring in a controlled environment as defined in subregulation (2).
(2) In this regulation,
controlled environment means an environment that:
(a) is intensively manipulated by humans for the purpose of producing the kind of animal to which the animal born, or otherwise produced, in that environment belongs;
(b) has boundaries designed to prevent the unintended entry, departure, introduction or removal of animals, eggs or gametes of the kind of animal to which the animal born, or otherwise produced, in that environment belongs; and
(c) includes facilities such as artificial housing, waste removal, health care, protection from predators and artificially supplied food.
(1) For the purposes of section 15 of the Act, the following circumstances are declared to be circumstances the propagation in which of any live plant would constitute artificial propagation, namely:
(a) that the plant was grown by humans from seeds, cuttings, callus tissue, spores or other propagules under controlled conditions as defined in subregulation (2); and
(b) the seeds, cuttings, callus tissue, spores or other propagules from which that plant is grown are:
(i) established and maintained in a manner not detrimental to the survival in the wild of the kind of plant to which that plant belongs; and
(ii) managed in a manner designed to maintain the breeding stock indefinitely.
(2) In subregulation (1),
controlled conditions means the growing of a live plant in an environment that:
(a) is intensively manipulated by humans for the purpose of producing the kind of plant to which that plant belongs; and
(b) includes characteristics such as weed control, irrigation, tillage, fertilization and nursery operations such as potting, bedding and protection from the weather.
(1) For the purposes of subsection 40 (4) of the Act, the Designated Authority shall not enter in the register maintained under subsection 40 (1) the name of a scientific organization situated in a State or Territory unless he is satisfied:
(a) that the acquisition and possession of specimens by the scientific organization is in accordance with the laws of the Commonwealth, or that State or Territory;
(b) in relation to the acquisition or possession of those specimens by the scientific organization, that:
(i) the specimens are acquired by the scientific organization primarily for research purposes;
(ii) the preparation of specimens and arrangement of collections by the scientific organization are carried out so as to ensure their utility;
(iii) the collections of specimens of the scientific organization and the records relating to such collections are permanently housed and professionally curated by the scientific organization;
(iv) all specimens specified in Part I of Schedule 1 to the Act are centrally housed under the direct control of the scientific organization and are managed so as to prevent their use as decoration or trophies or for other purposes incompatible with the purposes of the Convention;
(v) all specimens under the control of the scientific organization are accessible to all qualified users, including those from other scientific organizations registered for the purposes of section 41 of the Act;
(vi) all accessions are recorded by the scientific organization in a catalogue maintained for that purpose;
(vii) the data on specimen labels and in catalogues and other records are accurate;
(viii) the results of research carried out by the scientific organization on its specimens are published in recognized scientific publications; and
(ix) records of loans and donations to, or exchanges with, other institutions are maintained by the scientific organization;
or, in relation to plant specimens not specified in Part I of Schedule 1 or Part I of Schedule 2, to the Act, that the organization is listed in the most recent edition of the book called the “Index Herbariorum”, as compiled under the auspices of the International Bureau for Plant Taxonomy and Nomenclature; and
(c) in relation to the non-commercial loan, donation or exchange of specimens carried out in accordance with an authority given under subsection 41 (3) of the Act — the scientific organization will take whatever steps are scientifically appropriate to secure the return, in accordance with subregulation (3), of any specimen exported by it and subsequently designated as a holotype of a native Australian animal or native Australian plant, not being a specimen that, immediately before its export, was on loan to the organization from outside Australia or an external Territory.
(2) For the purposes of subsection 40 (4) of the Act, the Designated Authority shall not enter in the register maintained under subsection 40 (1) of the Act the name of a scientific organization that is not situated in Australia or an external Territory unless he is satisfied that:
(a) the acquisition and possession of specimens by the scientific organization is in accordance with the laws of the country in which the organization is situated;
(b) the scientific organization will not export from Australia or an external Territory specimens that are, or are derived from, native Australian animals or native Australian plants, other than those specified in Part I of Schedule 4 to the Act;
(c) where the scientific organization is situated in a country that is a party to the Convention — the organization is registered with a relevant authority;
(d) where the scientific organization is situated in a country that is not a party to the Convention — the organization complies, where applicable, with the requirements set out in paragraph (1) (b); and
(e) in relation to the non-commercial loan, donation or exchange of specimens carried out in accordance with an authority given under subsection 41 (3) of the Act — the scientific organization will, where scientifically appropriate, return, in accordance with subregulation (3), any specimen obtained by it from Australia, if that specimen is subsequently designated as a holotype of a native Australian animal or a native Australian plant, unless the specimen was obtained from another scientific organization to which it was on loan from outside Australia or an external Territory.
(3) A specimen the return of which is secured in accordance with paragraph (1) (c) or which is returned in accordance with paragraph (2) (e) shall be returned:
(a) to the scientific organization from which it was obtained; or
(b) to a museum owned or controlled by the government of the Commonwealth, a State or a Territory.
For the purposes of section 51B of the Act:
(a) all species of animal are specified other than a species that is listed in Schedule 5 or 6 of the Act; and
(b) all species of plant are specified other than a species that is listed in Schedule 5 or 6 of the Act.
(1) For the purposes of paragraph 57B (3) (b) of the Act, possession of the following kind is specified, that is:
(a) the possessor does not have whole or partial ownership; and
(b) the nature of the possession is custodial, for the purpose only of treatment (including special feeding or special care) or temporary housing.
(2) For the purposes of subsection 57B (5) of the Act, possession of the following kind is specified, that is:
(a) the possessor has possession solely for the purpose of transporting the bird to or from a veterinary practitioner; or
(b) the possessor is an inspector, or a person authorised by an inspector, and the possession is for the purposes of administration of the Act; or
(c) the possessor has possession by written authority of the Designated Authority.
For the purposes of the definition of
Commonwealth aircraft in subsection 62 (10):
(a) the Royal Australian Air Force Ensign; and
(b) the insignia, being the roundels and flashes described in Schedule 1;
are prescribed.
For the purposes of the definition of
Commonwealth ship in subsection 62 (10), the Australian White Ensign is prescribed.
For the purposes of subsection 74 (1) of the Act, a record substantially in accordance with Form 1 in Schedule 2 shall be kept of any change in possession of a specimen or item seized under the Act.
For the purposes of paragraph 81 (c) of the Act, a notice under the Act may be served on a person by:
(a) delivering the notice to him personally; or
(b) sending the notice by prepaid post addressed to him at his usual or last-known place of residence or business.
(1) A person arriving in Australia or an external Territory shall complete a form substantially in accordance with Form 2 in Schedule 2 or an approved translation of that Form.
(2) For the purposes of subregulation (1) an approved translation is a translation made by a person approved by the Minister.
(3) A person shall be taken to have complied with subregulation (1) where:
(a) the substance of Form 2 is contained in a form containing other material; and
(b) the person is required to complete, and completes, that form.
(1) Subject to subregulation (2), the fee payable for granting a permit, giving an authority, or processing an application, that is specified in column 2 of an item in Schedule 3 is the amount specified in column 3 of the item.
(1AA) Despite subregulation (1), no fee is payable for processing an application under section 9, 10 or 10A of the Act if the applicant is the Commonwealth or a State or Territory, or an authority of the Commonwealth or of a State or Territory.
(1A) The fee is payable to the Commonwealth by the person to whom the permit is granted or the authority is given, or by whom the application is made, as the case may be.
(2) Where:
(a) an application under section 23 of the Act is made to the Minister for the grant of a permit in relation to a specimen included in a consignment;
(b) more than one permit is required to permit the exportation or importation of that consignment; and
(c) the permits so required are granted under section 24 of the Act by the Minister;
the total fee payable in respect of the granting of all of those permits is an amount equal to the greatest of the individual fees that would otherwise be payable in respect of a permit granted in respect of that consignment.
(3) If a zoological organisation makes:
(a) an application under subsection 11 (3) to be declared to be an approved institution in relation to a class, or classes, of specimens specified in the application; and
(b) an application under subsection 12 (3) to be declared to be an approved zoological organisation in relation to a class, or classes, of specimens specified in the application;
the total fee payable for the 2 applications is $150.00.
(4) The fee payable for giving an authority under section 42A of the Act for a person to export non-living specimens of species of either
Macropus orThylogale is the amount worked out using the formula:where:
expected number of exports is the number of consignments of the specimens that the person expects to export under the authority, not including consignments containing samples only.
(regulation 11)
1 Roundels consist of a red kangaroo in motion silhouette, imposed on a white inner circle, surrounded by a blue circle. The outside diameter of the white circle is two thirds of the outside diameter of the blue circle. The relative position of the kangaroo silhouette in aircraft roundels is —
(a) in the case of fuselage roundels — the kangaroo faces towards the front of the aircraft;
(b) in the case of wing roundels — the kangaroo faces forward with feet pointing inboard; and
(c) in the case of rotary wing aircraft — the kangaroo silhouette in the roundel on the underneath surface of the fuselage faces forward with the feet pointing to port.
2 Flashes consist of rectangles or rhomboids divided into three vertical sections, coloured red, white and blue respectively, which are applied to both sides of the fin or vertical stabilizer of an aircraft. In all cases, the red portion is to the front with the blue to the rear.
(regulation 13)
1. | Description of specimen(s) / other item(s): | |||||
2. | Date of seizure: | |||||
3. | Place of seizure: | |||||
4. | Possession of the above specimen(s) / item(s) is transferred from: | |||||
Name | Rank/title | Department and address | ||||
to: | ||||||
Name | Rank/title | Department and address | ||||
for the following purpose: | ||||||
Signature....................................... | ||||||
Date............................................... | ||||||
5. The above specimen(s) / item(s) were despatched by: | ||||||
Name | Rank/title | Department and address | ||||
Signature....................................... | ||||||
Date............................................... | ||||||
I have received the above specimen(s) / item(s) from.................... on..................... | ||||||
................................................... Signature | ............................................................. (Print name) | |||||
(regulation 15)
Wildlife Protection (Regulation of Exports and Imports) Regulations 1984
WARNING | |
· | |
· | |
· | |
· | |
Ship/Aircraft Flight No ..................................................................................
Date
Family name (
Number of persons covered by this statement:
............. Wife/husband
............. Person making statement
............. Children under the age of 18 years
Total..........
Please indicate by (Ö) in the appropriate box whether you have in your possession or in the baggage accompanying you—
plants or parts of plants, live or dead, including fruits, nuts, seeds, bulbs, flowers, mushrooms, straw, bamboo, wooden articles or articles made of plant material Yeso No o
animals or parts of animals (mammals, reptiles, fish, birds or insects, alive or dead, stuffed or mounted) Yeso No o
animal products such as semen, feathers, skins, shells and hatching eggs, and including articles manufactured from wildlife such as turtles, lizards, crocodiles, snakes, elephants, rhinoceri and members of the cat family Yeso No o
biological specimens, including vaccines, cultures and blood Yeso No o
Signature ................................................................ Dated ............... 19 ........
(regulation 16)
1. | Permit to export or re-export a manufactured product derived from a species listed in Schedule 2 of the Act in accordance with sections 29, 31 or 32 if:
| $1.00 |
2. | Permit to export a household pet in accordance with section 16 of the Act | $150.00 |
3. | Permit to import or export a specimen (except a permit referred to in item 1 or 2) | $30.00 |
4. | Authority, except:
| $150.00 |
| ||
4A | Application under section 57D of the Act (for a certificate of registration to possess birds of a classified exotic species) | $30.00 |
4B | Application under section 69D (for the delivery of a seized specimen) | $100.00 |
5 | Application, except:
| $150.00 |
The
1984 No. 56 | 11 Apr 1984 | 1 May 1984 ( | |
1993 No. 226 | 26 Aug 1993 | 26 Aug 1993 | — |
1996 No. 332 | 24 Dec 1996 | 24 Dec 1996 | — |
1999 No. 28 | 2 Mar 1999 | 2 Mar 1999 | — |
am. = amended rep. = repealed rs. = repealed and substituted | ||
R. 1 ......................................... | rs. 1999 No. 28 | |
R. 5.......................................... | rs. 1996 No. 332 | |
R. 5A....................................... | ad. 1996 No. 332 | |
R. 7A....................................... | ad. 1996 No. 332 | |
Rr. 10A, 10B.......................... | ad. 1996 No. 332 | |
R. 16........................................ | am. 1993 No. 226; 1996 No. 332; 1999 No. 28 | |
Schedule 2 ............................ | am. 1999 No. 28 | |
Form 1.................................. | 1984 No. 56 | |
Form 2.................................. | 1984 No. 56 | |
am. 1999 No. 28 | ||
Schedule 3............................. | rs. 1993 No. 226 | |
am. 1996 No. 332; 1999 No. 28 | ||
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