Wildlife Protection (Regulation of Exports and Imports) Regulations (Amendment) (Cth)

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Statutory Rules 1996

No. 332 1

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Wildlife Protection (Regulation of Exports and Imports) Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Wildlife Protection (Regulation of Exports and Imports) Act 1982.

Dated 20 December 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

ROBERT HILL

Minister for the Environment

____________

1.   Amendment

1.1   The Wildlife Protection (Regulation of Exports and Imports) Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 5 (Approved management programs)

2.1   Omit the regulation, substitute:

Approved management programs

 “5. (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.”.

3.   New regulation 5A

3.1   After regulation 5, insert:

Declarations about controlled specimens

 “5A. (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.”.

4.   New regulation 7A

4.1   After regulation 7, insert:

Specified breeding programs

 “7A. (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.”.

5.   New regulations 10A and 10B

5.1   After regulation 10, insert:

Specimens that must be marked for identification

 “10A. 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.

Possession of exotic birds

 “10B. (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.”.

6.   Regulation 16 (Fees)

6.1   Subregulation 16 (1):

Omit “the Schedule”, substitute “Schedule 3”.

6.2   After subregulation 16 (1), insert:

 “(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.”.

7.   Schedule 3 (Fees)

7.1   After item 4, insert:

“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”.

7.2   Item 5:

Paragraph (c):

Omit “40 or 43A”, substitute “40, 43A, 57D or 69D”.

_____________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 December 1996.

2. Statutory Rules 1984 No. 56 as amended by 1993 No. 226.

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