Wildlife Regulations 2024 (Vic)
Version No. 001
Wildlife Regulations 2024
S.R. No. 45/2024
Version as at
15 June 2024
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Revocations
5Definitions
6Application of these Regulations to traditional owner groups
Part 2—Licences
Division 1—Licence categories
7Prescribed categories of wildlife licences for the purposes of section 22
8Wildlife basic licence
9Wildlife advanced licence
10Wildlife specimen licence
11Dingo licence
12Wildlife controller licence
13Wildlife dealer licence
14Wildlife demonstrator licence
15Wildlife displayer licence
16Game bird farmer licence
17Wildlife processor licence
18Wildlife farmer licence
19Wildlife taxidermist licence
Division 2—Licence applications and fees
20Application for issue of wildlife licence
21Application for variation of wildlife licence
22Application for the renewal of a wildlife licence
23Application fees for issue of wildlife licence
24Application fees for a variation of wildlife licence
25Application fee for lost or damaged licence document
26Application fees for renewal of wildlife licence
Division 3—Record keeping, reporting and notification requirements
27Record books
28Return forms
29Inspections of record books and return forms
30Fees for lost or damaged record book
31Storage of record books and return forms
32Return of record books and return forms
33Theft, loss or damage
34Additional records required for wildlife displayer licence
35Additional records required for wildlife demonstrator licence
36Change of name, address and telephone number related to the licence
37Employees of commercial wildlife licence holders
Division 4—Licence conditions
38Wildlife to be bought, sold, acquired, received or disposed of only at specified premises
39Participation in approved wildlife events
40Wildlife basic and wildlife advanced licences—persons with whom a wildlife transaction may occur
41Wildlife basic and wildlife advanced licences—wildlife not to be sold or disposed of for 6 months
42Wildlife basic and wildlife advanced licences—conditions relating to the display of wildlife
43Wildlife basic and wildlife advanced licences—conditions relating to the keeping of wildlife
44Wildlife basic and wildlife advanced licences—Secretary may approve certain matters
45Wildlife specimen licences—persons with whom a wildlife transaction may occur
46Wildlife specimen licences—conditions relating to the display of wildlife
47Wildlife specimen licences—condition relating to the keeping of wildlife
48Wildlife specimen licences—Secretary may approve certain matters
49Dingo licences—persons with whom a wildlife transaction may occur
50Dingo licences—transaction restrictions for dingo pups
51Dingo licences—condition relating to premises at which dingoes may be kept
52Dingo licences—conditions relating to safety
53Dingo licences—conditions relating to age
54Dingo licences—marking and identification
55Dingo licences—escape of dingoes
56Dingo licences—conditions applying to the display of dingoes
57Dingo licences—Secretary may approve certain matters
58Commercial wildlife licences—conditions relating to employees
59Commercial wildlife licences—display of signs
60Wildlife controller licences—approvals required before wildlife can be controlled
61Wildlife controller licences—conditions relating to equipment
62Wildlife controller licences—persons to whom wildlife may be disposed of
63Wildlife controller licences—condition relating to display
64Wildlife controller licences—Secretary may approve certain matters
65Wildlife dealer licences—applicable code of practice
66Wildlife dealer licences—condition relating to the keeping of wildlife
67Wildlife dealer licences—conditions relating to the display of wildlife
68Wildlife dealer licences—persons with whom a wildlife transaction may occur
69Wildlife dealer licences—information on wildlife care requirements
70Wildlife dealer licences—condition relating to the death of wildlife
71Wildlife dealer licences—Secretary may approve certain matters
72Wildlife demonstrator licences—approval required for commercial filming of wildlife
73Wildlife demonstrator licences—regular demonstrations required
74Wildlife demonstrator licences—restriction on the sale and disposal of wildlife
75Wildlife demonstrator licences—conditions relating to the safety and escape of wildlife
76Wildlife demonstrator licences—applicable code of practice
77Wildlife demonstrator licences—condition relating to the keeping of wildlife
78Wildlife demonstrator licences—condition relating to the death of wildlife
79Wildlife demonstrator licences—persons with whom a wildlife transaction may occur
80Wildlife demonstrator licences—Secretary may approve certain matters
81Wildlife displayer licences—approval required for commercial filming of wildlife
82Wildlife displayer licences—conditions relating to the facilities for display
83Wildlife displayer licences—conditions relating to the safety of wildlife
84Wildlife displayer licences—applicable code of practice
85Wildlife displayer licences—condition relating to changes to enclosures
86Wildlife displayer licences—condition relating to the keeping of wildlife
87Wildlife displayer licences—condition relating to the death of wildlife
88Wildlife displayer licences—persons with whom a wildlife transaction may occur
89Wildlife displayer licences—condition relating to travelling demonstrations involving dangerous wildlife
90Wildlife displayer licences—Secretary may approve certain matters
91Condition relating to processing wildlife
92Game bird farmer licences—condition relating to the keeping of wildlife
93Game bird farmer licences—wildlife must be captive-bred
94Game bird farmer licences—condition relating to the size of area in which birds may be released
95Game bird farmer licences—applicable codes of practice
96Game bird farmer licences—Game Management Authority may approve certain matters
97Wildlife processor licences—wildlife must be captive-bred
98Wildlife processor licences—persons with whom a wildlife transaction may occur
99Wildlife processor licences—condition relating to the keeping of wildlife
100Wildlife processor licences—Secretary may approve certain matters
101Wildlife farmer licences—wildlife must be captive‑bred
102Wildlife farmer licences—condition relating to supervision
103Wildlife farmer licences—conditions relating to animal welfare
104Wildlife farmer licences—persons with whom a wildlife transaction may occur
105Wildlife farmer licences—Secretary may approve certain matters
106Wildlife taxidermist licences—condition relating to the keeping of wildlife
107Wildlife taxidermist licences—conditions relating to the display of wildlife
108Wildlife taxidermist licences—persons with whom a wildlife transaction may occur
109Wildlife taxidermist licences—Secretary may approve certain matters
Division 5—Other matters relating to licences
110Advertisement to include licence number
111Employees of certain commercial wildlife licence holders must carry copy of licence
112Marking of individual wildlife
113Approval of wildlife events
Part 3—Authorisations and permits
114Application for authorisation under section 28A
115Application for import and export permits
116Expiry of import and export permits
117Notification of change of name, address or telephone number
Part 4—Protection of wildlife
118Offences to use certain devices or other things to take wildlife other than game
119Person not to damage, disturb or destroy any wildlife habitat
120Housing of wildlife other than specified birds
121Housing of specified birds
122Transport of wildlife
123Wildlife that is not self-sufficient
124Inter breeding of wildlife
Part 5—Exemptions
125Exemption for registered veterinary practitioners from offences in the Act relating to the destruction of wildlife
126Exemption for meat industry workers from offence in the Act relating to the destruction of protected wildlife
127Exemptions from offences in the Act relating to protected wildlife listed in Part A of Schedule 4 or infertile emu eggs
128Exemptions from offence in the Act relating to protected wildlife that is a specified bird
129Exemptions from offence in the Act relating to protected wildlife listed in Part B of Schedule 4
130Exemption from offence in the Act relating to parts of protected wildlife listed in Part A of Schedule 5 or emu egg shells
131Exemptions from offence in the Act relating to protected wildlife listed in Part B of Schedule 5
132Exemptions from offences in the Act for the purpose of treating sick, injured or abandoned wildlife
133Exemption from offences in the Act relating to threatened and protected wildlife for the Zoological Parks and Gardens Board
134Exemption from offence in the Act relating to participation in an approved wildlife event
135Exemption from offences in the Act relating to possessing threatened and protected wildlife for the purposes of transporting the wildlife
136Exemptions from offences relating to possessing deer for the purposes of transporting the deer
137Exemptions from offences relating to possessing threatened and protected wildlife for persons possessing cast, shed or sloughed products of wildlife
138Exemptions from import and export permit requirements in the Act
139Exemptions for volunteers under the supervision of a certain commercial wildlife licence holder
Part 6—Miscellaneous
140Prescribed poisons under section 54
141Prescribed area of public land
142Location of forms
Schedule 1—Fees
Schedule 2—Taxa of wildlife that may be the subject of wildlife basic licences, wildlife advanced licences or certain commercial wildlife licences
Schedule 3—Taxa of wildlife that may be the subject of wildlife advanced licences or certain commercial wildlife licences
Schedule 4—Taxa of wildlife that may be the subject of certain commercial wildlife licences or subject to exemptions in certain circumstances
Schedule 5—Taxa of wildlife that may be the subject of wildlife processor licences or subject to exemptions in certain circumstances
Schedule 6—Taxa of wildlife that may be the subject of wildlife controller licences
Schedule 7—Taxa of wildlife that may be the subject of wildlife farmer licences and certain other wildlife licences, or subject to exemptions in certain circumstances
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 001
Wildlife Regulations 2024
S.R. No. 45/2024
Version as at
15 June 2024
PART 1—PRELIMINARY
1Objectives
The objectives of these Regulations are—
(a)to provide for the management and conservation of wildlife and wildlife habitat; and
(b)to provide for humane use of and access to wildlife; and
(c)to make further provision in relation to wildlife licences established by section 22 of the Wildlife Act 1975; and
(d)to prescribe fees, offences and various other matters for the purposes of the Wildlife Act 1975; and
(e)to provide for exemptions from certain provisions of the Wildlife Act 1975.
2Authorising provision
These Regulations are made under section 87 of the Wildlife Act 1975.
3Commencement
These Regulations come into operation on 15 June 2024.
4Revocations
The following Regulations are revoked—
(a)the Wildlife Regulations 2013[1];
(b)the Wildlife Amendment Regulations 2014[2];
(c)the Wildlife Further Amendment Regulations 2014[3];
(d)the Wildlife Amendment Regulations 2018[4];
(e)the Wildlife Further Amendment Regulations 2018[5];
(f)the Wildlife Amendment (Noisy Pitta) Regulations 2021[6].
5Definitions
In these Regulations—
agreed activity has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010;
Agvet Code of Victoria has the same meaning as in the Agricultural and Veterinary Chemicals (Victoria) Act 1994;
approved wildlife event means an event approved by the Secretary under regulation 113;
commercial film includes, but is not limited to, commercial films, theatrical productions, television productions and advertisements;
commercial wildlife licencemeans any one of the following licences¾
(a)wildlife controller licence;
(b)wildlife dealer licence;
(c)wildlife demonstrator licence;
(d)wildlife displayer licence;
(e)game bird farmer licence;
(f)wildlife processor licence;
(g)wildlife farmer licence;
(h)wildlife taxidermist licence;
dangerous or venomous wildlife includes, but is not limited to, elapid snakes whether or not the individual specimen is capable of a venomous bite;
dingomeans Canis lupus dingo;
emu means Dromaius novaehollandiae;
exempt person means—
(a)a person who is exempted from the operation of section 47 of the Act by the operation of regulation 127, 128, 129, 130 or 131; or
(b)a person who is exempted from the operation of section 45 of the Act by the operation of regulation 127; or
(c)the Zoological Parks and Gardens Board;
Phillip Island Nature Park means the Park within the meaning of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021, made under section 13 of the Crown Land (Reserves) Act 1978;
private wildlife licence means any one of the following licences—
(a)wildlife basic licence;
(b)wildlife advanced licence;
(c)wildlife specimen licence;
(d)dingo licence;
record book means the book in which the holder of a wildlife licence is required by regulation 27(2) to record the information specified in that regulation and includes any records in the book;
registered veterinary practitioner has the same meaning as in the Veterinary Practice Act 1997;
relevant body means—
(a)in the case of a game bird farmer licence or specified birds, the Game Management Authority; or
(b)in the case of any other licence, permit or authority issued under the Act, or wildlife other than specified birds, the Secretary;
return form means the form in which the holder of a wildlife licence is required by regulation 28(2) to record the information specified in that regulation and includes any records in the form;
the Act means the Wildlife Act 1975;
traditional owner group agreement means an agreement under Part 6 of the Traditional Owner Settlement Act 2010;
traditional owner group entity has the same meaning as in the Traditional Owner Settlement Act 2010;
transaction, in relation to wildlife, means a transaction in which wildlife is bought, sold, acquired, received or disposed of;
trap includes a trap, net, snare, pitfall or any other device used for, or capable of being used for, taking wildlife;
Zoological Parks and Gardens Board means the Board established under Part 2 of the Zoological Parks and Gardens Act 1995.
6Application of these Regulations to traditional owner groups
(1)If a traditional owner group entity has entered into a traditional owner group agreement, any provision of these Regulations (other than a provision specified in the Table in subregulation (2)) that provides for an offence to carry out an agreed activity under that agreement does not apply to a member of the traditional owner group—
(a)who is bound by the agreement; and
(b)who carries out the agreed activity to which the offence relates in accordance with the agreement and on land to which the agreement applies.
(2)For the purposes of subregulation (1), the following Table sets out the specified provisions and the extent to which each provision applies to a member of the traditional owner group.
Table
| Column 1
| Column 2 Extent to which specified provision applies to a member of the traditional owner group |
| Regulation 118(1) | If the member uses poison to attract wildlife for the purpose of taking that wildlife |
| Regulation 120(1) | The whole |
| Regulation 122(1), (2) and (3) | The whole |
| Regulation 123(1) | The whole, except if the member transports any wildlife that is an egg |
PART 2—LICENCES
Division 1—Licence categories
7Prescribed categories of wildlife licences for the purposes of section 22
For the purposes of section 22 of the Act, the prescribed categories of wildlife licences are the following—
(a)wildlife basic licence;
(b)wildlife advanced licence;
(c)wildlife specimen licence;
(d)dingo licence;
(e)wildlife controller licence;
(f)wildlife dealer licence;
(g)wildlife demonstrator licence;
(h)wildlife displayer licence;
(i)game bird farmer licence;
(j)wildlife processor licence;
(k)wildlife farmer licence;
(l)wildlife taxidermist licence.
8Wildlife basic licence
A wildlife basic licence authorises the licence holder, for non-commercial purposes, to buy, sell, acquire, receive, dispose of, keep, possess, breed and display—
(a)a taxon of wildlife that is listed in Schedule 2 or 7 and specified in the licence; or
(b)if no taxon of wildlife is specified in the licence, any wildlife listed in Schedule 2 or 7.
9Wildlife advanced licence
A wildlife advanced licence authorises the licence holder, for non-commercial purposes, to buy, sell, acquire, receive, dispose of, keep, possess, breed and display—
(a)a taxon of wildlife that is listed in Schedule 2, 3 or 7 and specified in the licence; or
(b)if no taxon of wildlife is specified in the licence, any wildlife listed in Schedule 2, 3 or 7.
10Wildlife specimen licence
A wildlife specimen licence authorises the licence holder to buy, sell, acquire, receive, dispose of, keep, possess and display prepared or mounted specimens of any dead wildlife specified in the licence for non-commercial purposes.
11Dingo licence
A dingo licence authorises the licence holder to—
(a)buy, sell, acquire, receive, dispose of, keep, possess and breed any dingo for non‑commercial purposes; and
(b)display any dingo at shows conducted by a canine association; and
(c)display any dingo for educational, but not commercial, purposes.
12Wildlife controller licence
A wildlife controller licence authorises the licence holder to take from the wild and to destroy or dispose of, but not sell, wildlife that is damaging property or is a danger to persons if—
(a)the wildlife is a taxon of wildlife that is listed in Schedule 6 and specified in the licence; or
(b)if no taxon of wildlife is specified in the licence, the wildlife is listed in Schedule 6.
13Wildlife dealer licence
A wildlife dealer licence authorises the licence holder to—
(a)buy, sell, acquire, receive, dispose of, keep, possess, breed and display, for the commercial purposes of dealing in wildlife—
(i)a taxon of living wildlife that is listed in Schedule 2, Part A of Schedule 3, Part B of Schedule 4 or Schedule 7 and specified in the licence; or
(ii)if no taxon of wildlife is specified in the licence, any living wildlife listed in Schedule 2, Part A of Schedule 3, Part B of Schedule 4 or Schedule 7; and
(b)dispose of but not sell—
(i)a taxon of dead wildlife that is listed in Schedule 2, Part A of Schedule 3, Part B of Schedule 4 or Schedule 7 and specified in the licence; or
(ii)if no taxon of dead wildlife is specified in the licence, any dead wildlife listed in Schedule 2, Part A of Schedule 3, Part B of Schedule 4 or Schedule 7.
14Wildlife demonstrator licence
(1)A wildlife demonstrator licence authorises the licence holder to buy, sell, acquire, receive, dispose of, keep, possess, breed and display—
(a)any wildlife specified in subregulation (2) for the purpose of promoting an understanding of the ecology and conservation of wildlife; and
(b)any wildlife specified in subregulation (2) for the purpose of displaying the wildlife in commercial films; and
(c)any wildlife specified in the licence that is not listed in Schedule 2, 3 or 4.
(2)For the purposes of subregulation (1)(a) and (b), the following wildlife are specified—
(a)a taxon of wildlife that is listed in Schedule 2, 3 or 4 and specified in the licence;
(b)if no taxon of wildlife is specified in the licence, any wildlife listed in Schedule 2, 3 or 4.
15Wildlife displayer licence
A wildlife displayer licence authorises the licence holder to buy, sell, acquire, receive, dispose of, keep, possess, breed and display any wildlife specified in the licence for any of the following purposes—
(a)displaying the wildlife in commercial films;
(b)promoting the conservation of or providing education about wildlife.
16Game bird farmer licence
A game bird farmer licence authorises the licence holder to—
(a)buy, sell, acquire, receive, dispose of, keep, possess, breed, process and destroy any specified birds that have been bred in captivity for the purpose of hunting; and
(b)possess and display prepared or mounted specimens of any dead specified birds.
17Wildlife processor licence
(1)A wildlife processor licence authorises the licence holder, for the purpose of providing wildlife products for sale, to buy, acquire or receive from a source approved by the Secretary—
(a)a taxon of dead wildlife that is listed in Part A of Schedule 5 and specified in the licence; or
(b)if no taxon of dead wildlife is specified in the licence, any dead wildlife listed in Part A of Schedule 5.
(2)A wildlife processor licence authorises the licence holder, for the purpose of providing wildlife products for sale, to buy, acquire or receive from the holder of a wildlife farmer licence any dead wildlife listed in Schedule 7.
(3)A wildlife processor licence authorises the licence holder, for the purpose of providing wildlife products for sale, to sell, dispose of, keep, possess and process any dead wildlife bought, acquired or received by the licence holder under the licence.
(4)For the purposes of subregulation (1), the Secretary, by written notice given to the licence holder, may—
(a)approve a source from which the licence holder may buy, acquire or receive wildlife; and
(b)impose any conditions on the approval.
(5)A holder of a wildlife processor licence may apply for an approval under subregulation (4) in the form and manner specified by the Secretary.
18Wildlife farmer licence
A wildlife farmer licence authorises the licence holder, for the purpose of farming wildlife, to—
(a)buy, sell, acquire, receive, dispose of, keep, possess, breed, process, display and destroy any wildlife listed in Schedule 7; and
(b)dispose of infertile eggs of any wildlife that is listed in Schedule 7.
19Wildlife taxidermist licence
(1)A wildlife taxidermist licence authorises the licence holder, for the purposes of preserving, preparing and mounting, and restoring parts or complete specimens of dead wildlife, to buy, acquire or receive—
(a)a taxon of dead wildlife that is listed in Schedule 2, 3 or 4 and specified in the licence; or
(b)if no taxon of dead wildlife is specified in the licence, any dead wildlife listed in Schedule 2, 3 or 4.
(2)A wildlife taxidermist licence authorises the licence holder, for the purposes of preserving, preparing and mounting, and restoring parts or complete specimens of dead wildlife, to buy, acquire or receive—
(a)any dead wildlife listed in Schedule 7 from the holder of a wildlife farmer licence; and
(b)any dead wildlife from a source approved by the Secretary.
(3)A wildlife taxidermist licence authorises the licence holder, for the purposes of preserving, preparing and mounting, and restoring parts or complete specimens of dead wildlife, to sell, dispose of, keep, possess, process and display dead wildlife bought, acquired or received by the licence holder under the licence.
(4)A wildlife taxidermist licence authorises the licence holder, for the purpose of providing parts or complete specimens of dead wildlife for use in commercial films—
(a)to keep and possess dead wildlife bought, acquired or received by the licence holder under the licence; and
(b)to dispose of, but not sell, dead wildlife bought, acquired or received by the licence holder under the licence.
(5)For the purposes of subregulation (2)(b), the Secretary, by written notice given to the licence holder, may—
(a)approve a source from which the licence holder may buy, acquire or receive dead wildlife; and
(b)impose any conditions on the approval.
(6)The holder of a wildlife taxidermist licence may apply for an approval under subregulation (5) in the form and manner specified by the Secretary.
Division 2—Licence applications and fees
20Application for issue of wildlife licence
(1)For the purposes of section 22(4) of the Act, the prescribed manner for an application for the issue of a wildlife licence is that the application must be in a form approved by the relevant body and contain the following information and any additional information required under subregulation (2)—
(a)in the case of an applicant who is a natural person, the name, date of birth, telephone number and residential address of the applicant;
(b)in the case of an applicant who is not a natural person, the name, date of birth, telephone number and residential address of the natural person who will be responsible for managing the activities authorised under the licence;
(c)if wildlife will be kept under the licence, the address of the premises where that wildlife will be kept;
(d)if no wildlife is to be kept under the licence, the address of the applicant's business premises for which the licence is sought;
(e)in the case of an applicant who is under 18 years of age and who applies for a wildlife basic licence or wildlife advanced licence, the written and signed consent of the applicant's parent or legal guardian;
(f)in the case of an applicant who is under 18 years of age and who applies for a wildlife advanced licence to possess any venomous snakes listed in Part B of Schedule 3, documentation that demonstrates that the applicant understands the handling of those venomous snakes;
(g)in the case of an applicant for a dingo licence—
(i)evidence that the applicant is 18 years of age or over; and
(ii)evidence of the construction of dingo enclosures to keep any dingos which the applicant plans to acquire under the licence;
(h)details of any finding of guilt within the 10 years before making the application for an offence under the Act or the Prevention of Cruelty to Animals Act 1986 or a corresponding law of another State or a Territory or of the Commonwealth with respect to wildlife;
(i)the following details of any person who is currently employed by the applicant to engage in conduct on behalf of the applicant under the licence being sought—
(i)the name, date of birth, telephone number and residential address of the person employed;
(ii)the capacity in which the person is employed;
(iii)the date on which the person commenced employment with the applicant.
(2)For the purposes of subregulation (1), the relevant body may require the following additional information to be included in an application for the issue of a wildlife licence—
(a)a plan of the parts of the premises specified in the application in which activities authorised by the licence are to take place, showing all buildings, fences, yards, shelters and watering and feeding facilities;
(b)the design and specifications for any enclosure in which wildlife is to be held, including the layout and dimensions of the enclosure;
(c)materials to be used in the construction of wildlife facilities;
(d)in the case of an application for a wildlife demonstrator licence or wildlife displayer licence, if dangerous or venomous wildlife is to be part of any travelling display or demonstration under the licence, the design, specifications and materials to be used in the construction of the enclosure for that display or demonstration;
(e)any other relevant information.
(3)For the purposes of subregulation (1)(c) or (d), the premises specified in an application for the issue of a wildlife licence must be a single area of land or adjacent areas of land.
21Application for variation of wildlife licence
An application for the variation of a wildlife licence under section 23(2) or (3) of the Act must be in a form approved by the relevant body and contain the following information—
(a)details of the variation being sought;
(b)details of any changes to the information that was provided in the application for the issue of the wildlife licence;
(c)any other information required by the relevant body.
22Application for the renewal of a wildlife licence
For the purposes of section 25(2)(a) of the Act, the prescribed manner for an application for the renewal of a wildlife licence is that the application must be in a form approved by the relevant body and contain the following information—
(a)details of any changes to the information that was provided in the application for the issue of the wildlife licence;
(b)any other information required by the relevant body.
23Application fees for issue of wildlife licence
(1)For the purposes of section 22(4) of the Act, the prescribed fee to be paid with an application for the issue of a category of wildlife licence listed in Column 2 of Schedule 1 is—
(a)if the application is for the licence to be issued for less than 18 months, the fee listed opposite that category of licence in Column 3 of Schedule 1 divided by 12 and multiplied by the number of months for which the licence is to be issued; or
(b)if the application is for the licence to be issued for 18 months or more, the fee listed opposite that category of licence in Column 3 of Schedule 1 divided by 15 and multiplied by the number of months for which the licence is to be issued.
(2)If the Secretary is satisfied that an applicant for the issue of a private wildlife licence is an eligible person within the meaning of the State Concessions Act 2004, the prescribed fee to be paid with the application is half the amount referred to in subregulation (1).
24Application fees for a variation of wildlife licence
(1)For the purposes of section 23(2) of the Act, the prescribed fee to be paid with an application for the variation of any wildlife licence, other than a licence in respect of specified birds, is 2 fee units.
(2)For the purposes of section 23(3) of the Act, the prescribed fee to be paid with an application for the variation of a wildlife licence in respect of specified birds is 2 fee units.
25Application fee for lost or damaged licence document
An application to replace a lost or damaged licence document must be accompanied by a fee of 1 fee unit.
26Application fees for renewal of wildlife licence
(1)An application for the renewal of a category of wildlife licence listed in Column 2 of Schedule 1 must be accompanied by the following fee—
(a)if the application is for the licence to be renewed for less than 18 months, the fee listed opposite that category of licence in Column 3 of Schedule 1 divided by 12 and multiplied by the number of months for which the licence is to be renewed;
(b)if the application is for the licence to be renewed for 18 months or more, the fee listed opposite that category of licence in Column 3 of Schedule 1 divided by 15 and multiplied by the number of months for which the licence is to be renewed.
(2)If the Secretary is satisfied that an applicant for the renewal of a private wildlife licence is an eligible person within the meaning of the State Concessions Act 2004, the fee to accompany the application is half the amount referred to in subregulation (1).
Division 3—Record keeping, reporting and notification requirements
27Record books
(1)All record books supplied by the relevant body remain the property of the relevant body.
(2)It is a condition of any wildlife licence that the licence holder must record the following information relating to the licence or wildlife held under the licence in a book supplied by the relevant body—
(a)all transactions made under the licence;
(b)any theft of the wildlife;
(c)the occurrence of any incident that the relevant body requires the licence holder to record;
(d)any other information relating to a transaction or incident that the relevant body requires the licence holder to record.
(3)It is a condition of any wildlife licence that the licence holder must complete all records required to be in the record book fully, accurately, legibly, and permanently.
(4)It is a condition of any wildlife licence, except a game bird farmer licence, that the licence holder must make each entry in the record book required under subregulation (2) by the close of business on the day of the transaction or incident.
(5)It is a condition of a game bird farmer licence that the licence holder must make an entry in the record book no later than 48 hours after any transaction or incident that must be recorded in the record book under subregulation (2).
(6)A record book may be in either written or electronic form.
28Return forms
(1)All return forms supplied by the relevant body remain the property of the relevant body.
(2)It is a condition of any wildlife licence that the licence holder must record in a form supplied by the relevant body the following information for the period specified in the licence—
(a)a summary of all transactions made under the licence during the period;
(b)a summary of incidents that the relevant body requires the licence holder to record that occurred during the period.
(3)It is a condition of any wildlife licence that the licence holder must complete all records required to be in the return form fully, accurately, legibly, and permanently.
(4)It is a condition of any wildlife licence that the licence holder must keep a legible copy of each return form the licence holder is required to complete—
(a)for the period during which the licence remains in force; and
(b)if the licence is renewed, for the period during which the renewed licence remains in force.
(5)It is a condition of any wildlife licence that the licence holder must provide the relevant body with a return form at the time specified in the licence.
(6)A return form may be in either written or electronic form.
29Inspections of record books and return forms
It is a condition of any wildlife licence that the licence holder must produce the record book or copies of return forms for inspection when requested to do so by an authorised officer.
30Fees for lost or damaged record book
(1)The holder of a wildlife licence may request the relevant body to replace a record book that has been lost or damaged.
(2)A request under subregulation (1) must be accompanied by a fee of 1 fee unit.
31Storage of record books and return forms
It is a condition of any wildlife licence that the licence holder 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, except when undertaking a transaction in circumstances set out in regulation 38(1).
32Return of record books and return forms
(1)Within 10 business days of a person ceasing to hold a wildlife licence, the person must return all record books and copies of return forms to the relevant body.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 30 penalty units.
(2)The relevant body, in writing, may direct the holder of a wildlife licence to surrender all record books or return forms in the licence holder's possession to the relevant body within a time period specified in the direction.
(3)The holder of a wildlife licence must comply with a direction given to the licence holder under subregulation (2) within the time period specified in the direction.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 30 penalty units.
33Theft, loss or damage
(1)It is a condition of any wildlife licence that the licence holder must report any theft of wildlife relating to the licence to a police officer within 2 business days of the licence holder becoming aware of the theft.
(2)It is a condition of any wildlife licence that the licence holder must retain a copy of the police report relating to the theft described in subregulation (1).
(3)It is a condition of any wildlife licence that the licence holder must provide a copy of the police report described in subregulation (2) to an authorised officer upon request.
(4)It is a condition of any wildlife licence that the licence holder must—
(a)notify the relevant body of any theft, misplacement or escape of any wildlife under the licence in a form approved by the relevant body within 2 business days of becoming aware of the theft, misplacement or escape; and
(b)in the case of the theft, misplacement or escape of any dingo, notify the relevant body of the microchip of each escaped dingo within 2 business days of becoming aware of the theft, misplacement or escape.
(5)It is a condition of any wildlife licence that the licence holder, in a form approved by the relevant body, must notify the relevant body of any theft or loss of, or damage to, any of the following within 2 business days of becoming aware of the theft, loss or damage—
(a)a record book;
(b)a return form;
(c)a copy of a return form;
(d)any additional records required to be kept under regulation 34;
(e)any additional records required to be kept under regulation 35.
(6)It is a condition of any wildlife licence that the licence holder must not—
(a)tamper with, or permit to be tampered with, any entry in a record book or return form; or
(b)be in possession or control of a record book, return form or copy of a return form that has been tampered with.
(7)In this regulation—
tamper with includes damage, destroy, deface, erase, delete or remove.
34Additional records required for wildlife displayer licence
(1)It is a condition of a wildlife displayer licence that the licence holder, in a logbook or diary kept solely for the purposes of this regulation, must record—
(a)within 24 hours of opening a display at the premises specified in the licence for public access, the time and date of that opening; and
(b)within 24 hours of closing the display referred to in paragraph (a) for public access, the time and date of that closing.
(2)It is a condition of a wildlife displayer licence that the licence holder must enter a record referred to in subregulation (1) accurately, legibly and permanently in the logbook or diary.
(3)It is a condition of a wildlife displayer licence that the licence holder must produce the logbook or diary referred to in subregulation (1) for inspection when requested by an authorised officer.
35Additional records required for wildlife demonstrator licence
(1)It is a condition of a wildlife demonstrator licence that the licence holder must record the date, time and venue of all demonstrations conducted under the licence in a form and manner approved by the Secretary.
(2)It is a condition of a wildlife demonstrator licence that the licence holder must complete a record referred to in subregulation (1) accurately, legibly and permanently.
(3)It is a condition of a wildlife demonstrator licence that the licence holder must produce their records of demonstrations referred to in subregulation (1) for inspection when requested by an authorised officer.
36Change of name, address and telephone number related to the licence
(1)It is a condition of any wildlife licence that the licence holder must notify the relevant body within 10 business days of any change of name, address or telephone number of any of the following persons—
(a)the licence holder;
(b)any employee of the licence holder;
(c)in the case of a licence holder that is not a natural person, the natural person responsible for managing the activities authorised under the licence.
Note
Regulation 20 requires an applicant for the issue of a wildlife licence to include those details in the application.
(2)It is a condition of any wildlife licence held by a person who is not a natural person that the licence holder must notify the relevant body in writing within 10 business days of any change of the natural person who is responsible for managing the activities authorised under the licence.
(3)A notification under subregulation (2) must include the name, residential address, telephone number and date of birth of the natural person who is responsible for managing the activities authorised under the licence.
37Employees of commercial wildlife licence holders
(1)It is a condition of any commercial wildlife licence that, within 10 business days of employing any person to engage in conduct under that licence on the licence holder's behalf, the licence holder must notify the relevant body in writing of the following details—
(a)the name, date of birth, telephone number and residential address of the person employed;
(b)the capacity in which the person is employed;
(c)the date on which the person commenced employment with the licence holder.
(2)It is a condition of any commercial wildlife licence that the licence holder must notify the relevant body in writing within 10 business days after a person who is employed to engage in conduct on behalf of the licence holder under that licence ceases to be an employee of the licence holder.
Division 4—Licence conditions
Note
There are also conditions on wildlife licences in Division 3.
38Wildlife to be bought, sold, acquired, received or disposed of only at specified premises
(1)It is a condition of any wildlife licence that, if the licence holder is conducting a transaction for any wildlife with a person who is not an exempt person, the licence holder must conduct the transaction—
(a)at the premises specified in the wildlife licence of a party to the transaction; or
(b)at a place approved in writing by the relevant body for the transaction; or
(c)at an approved wildlife event.
(2)It is a condition of any wildlife basic licence, wildlife advanced licence and dingo licence that the licence holder must not sell or dispose of wildlife at a shop or business premises operated by that licence holder.
(3)For the purposes of subregulation (1)(b), the relevant body, by written notice given to the licence holder, may—
(a)approve a transaction and the place of the transaction; and
(b)impose any conditions on the approval.
(4)A holder of a wildlife licence may apply for an approval under subregulation (3) in the form and manner specified by the relevant body.
39Participation in approved wildlife events
It is a condition of the following licences that the licence holder must comply with any conditions imposed under regulation 113(3)(c) while participating in an approved wildlife event—
(a)wildlife basic licence;
(b)wildlife advanced licence;
(c)wildlife specimen licence;
(d)wildlife dealer licence;
(e)wildlife demonstrator licence;
(f)wildlife displayer licence;
(g)wildlife taxidermist licence.
40Wildlife basic and wildlife advanced licences—persons with whom a wildlife transaction may occur
(1)It is a condition of any wildlife basic licence and any wildlife advanced licence that the licence holder must not buy, acquire or receive wildlife from a person unless—
(a)that person—
(i)holds a wildlife licence that authorises that person to sell or dispose of that wildlife; or
(ii)is an exempt person for the purposes of selling or disposing of that wildlife; or
(b)the licence holder has obtained the prior written approval of the Secretary to buy, acquire or receive that wildlife from that person.
(2)It is a condition of any wildlife basic licence and any wildlife advanced licence that the licence holder must not sell or dispose of wildlife that is not listed in Schedule 7 to a person unless—
(a)that person—
(i)holds a wildlife licence that authorises that person to buy, acquire or receive that wildlife; or
(ii)is an exempt person for the purposes of buying, acquiring or receiving that wildlife; or
(b)the licence holder has obtained the prior written approval of the Secretary to sell or dispose of that wildlife to that person.
(3)It is a condition of any wildlife basic licence and any wildlife advanced licence that the licence holder must not sell or dispose of wildlife that is listed in Schedule 7 to a person unless—
(a)that person holds a wildlife basic licence or a wildlife advanced licence; or
(b)the licence holder has obtained the prior written approval of the Secretary to sell or dispose of that wildlife to that person.
41Wildlife basic and wildlife advanced licences—wildlife not to be sold or disposed of for 6 months
It is a condition of any wildlife basic licence and any wildlife advanced licence that the licence holder must not sell or dispose of wildlife within 6 months of the holder buying, acquiring or receiving the wildlife unless the holder has first obtained the written approval of the Secretary to do so.
42Wildlife basic and wildlife advanced licences—conditions relating to the display of wildlife
(1)It is a condition of any wildlife basic licence and any wildlife advanced licence that the licence holder must not display wildlife, other than at an approved wildlife event.
(2)It is a condition of any wildlife basic licence and any wildlife advanced licence that the licence holder must not charge a fee for the display of wildlife at an approved wildlife event.
43Wildlife basic and wildlife advanced licences—conditions relating to the keeping of wildlife
(1)It is a condition of any wildlife basic licence and any wildlife advanced licence that the licence holder must not possess or keep more than 10 specimens of wildlife listed in Schedule 7, other than specimens of that wildlife that are less than 4 weeks old or the eggs of that wildlife.
(2)It is a condition of any wildlife basic licence and any wildlife advanced licence that the licence holder must keep the wildlife at the premises specified in the licence unless—
(a)the licence holder has obtained the prior written approval of the Secretary to keep the wildlife at a different premises; or
(b)the licence holder is participating in an approved wildlife event; or
(c)the licence holder is undertaking a transaction in accordance with regulation 38.
44Wildlife basic and wildlife advanced licences—Secretary may approve certain matters
(1)The Secretary may give written approval to the holder of a wildlife basic licence or wildlife advanced licence to do any of the following—
(a)for the purposes of regulation 40(1)(b), buy, acquire or receive wildlife from the person specified in the approval;
(b)for the purposes of regulation 40(2)(b) and (3)(b), sell or dispose of wildlife to the person specified in the approval;
(c)for the purposes of regulation 41, sell or dispose of any wildlife—
(i)that the licence holder has bought, acquired or received; and
(ii)that has been in the possession of the licence holder for less than 6 months;
(d)for the purposes of regulation 43(2)(a), keep the wildlife at a different premises from the premises specified in the licence.
(2) The Secretary may impose conditions on an approval given under subregulation (1).
(3)The holder of a wildlife basic or wildlife advanced licence may apply for an approval under subregulation (1) in the manner specified by the Secretary.
45Wildlife specimen licences—persons with whom a wildlife transaction may occur
(1)It is a condition of any wildlife specimen licence that the licence holder must not buy, acquire or receive wildlife from a person unless—
(a)that person—
(i)holds a wildlife licence that authorises that person to sell or dispose of that wildlife; or
(ii)is an exempt person for the purposes of selling or disposing of that wildlife; or
(b)the licence holder has obtained the prior written approval of the Secretary to buy, acquire or receive that wildlife from that person.
(2)It is a condition of any wildlife specimen licence that the licence holder must not sell or dispose of wildlife to a person unless—
(a)that person—
(i)holds a wildlife licence that authorises that person to buy, acquire or receive that wildlife; or
(ii)is an exempt person for the purposes of buying, acquiring or receiving that wildlife; or
(b)the licence holder has obtained the prior written approval of the Secretary to sell or dispose of that wildlife to that person.
46Wildlife specimen licences—conditions relating to the display of wildlife
(1)It is a condition of any wildlife specimen licence that the licence holder must not display wildlife, other than at an approved wildlife event.
(2)It is a condition of any wildlife specimen licence that the licence holder must not charge a fee for the display of wildlife at an approved wildlife event.
47Wildlife specimen licences—condition relating to the keeping of wildlife
It is a condition of any wildlife specimen licence that the licence holder must keep the wildlife at the premises specified in the licence unless—
(a)the licence holder has obtained the prior written approval of the Secretary to keep the wildlife at a different premises; or
(b)the licence holder is participating in an approved wildlife event; or
(c)the licence holder is undertaking a transaction in accordance with regulation 38.
48Wildlife specimen licences—Secretary may approve certain matters
(1)The Secretary may give written approval to the holder of a wildlife specimen licence to do any of the following—
(a)for the purposes of regulation 45(1)(b), buy, acquire or receive wildlife from the person specified in the approval;
(b)for the purposes of regulation 45(2)(b), sell or dispose of wildlife to the person specified in the approval;
(c)for the purposes of regulation 47(a), keep the wildlife at a different premises from the premises specified in the licence.
(2)The Secretary may impose conditions on an approval given under subregulation (1).
(3)The holder of a wildlife specimen licence may apply for an approval under subregulation (1) in the manner specified by the Secretary.
49Dingo licences—persons with whom a wildlife transaction may occur
(1)It is a condition of any dingo licence that the licence holder must not buy, acquire or receive any dingo from a person unless—
(a)that person holds a dingo licence or wildlife displayer licence; or
(b)the licence holder has obtained the prior written approval of the Secretary to buy, acquire or receive that dingo from that person.
(2)It is a condition of any dingo licence that the licence holder must not sell or dispose of any dingo to a person unless—
(a)that person holds a dingo licence or wildlife displayer licence; or
(b)the licence holder has obtained the prior written approval of the Secretary to sell or dispose of that dingo to that person.
50Dingo licences—transaction restrictions for dingo pups
It is a condition of any dingo licence that the licence holder must not buy, sell, acquire, receive or dispose of any dingo pups that are less than 7 weeks of age unless the licence holder has obtained the prior written approval of the Secretary to do so.
51Dingo licences—condition relating to premises at which dingoes may be kept
It is a condition of any dingo licence that the licence holder must keep the dingoes at a premises specified in the licence, except—
(a)for the purposes of exercising or obedience training; or
(b)for educational purposes; or
(c)for the purpose of displaying the dingoes at a show conducted by a canine association; or
(d)when undertaking a transaction in accordance with regulation 38; or
(e)for any other purpose approved in writing by the Secretary.
52Dingo licences—conditions relating to safety
(1)It is a condition of any dingo licence that the licence holder must keep the dingoes in permanent and fixed enclosures that are—
(a)child-proof; and
(b)designed and constructed to—
(i)be sufficiently secure; and
(ii)prevent the escape of the dingoes; and
(iii)prevent unauthorised access to the dingoes.
(2)It is a condition of any dingo licence that, if a person other than the licence holder interacts with a dingo held under the licence, the licence holder must ensure that the interaction is done in a manner which minimises the risk of injury to any person or the dingo.
(3)It is a condition of any dingo licence that the licence holder must ensure that either—
(a)the dingoes are effectively confined to an enclosure; or
(b)when the dingoes are outside an enclosure, they are effectively controlled at all times by a physical means of restraint, including through use of a chain, cord, leash or harness even within a designated "off‑lead" area.
53Dingo licences—conditions relating to age
(1)It is a condition of any dingo licence that the licence holder must be 18 years of age or over.
(2)It is a condition of any dingo licence that the licence holder must ensure that any person under 16 years of age is not allowed unsupervised access to the dingoes at any time.
54Dingo licences—marking and identification
(1)It is a condition of any dingo licence that the licence holder must ensure that all dingoes 7 weeks of age or older are marked for identification purposes with a microchip or any other permanent identification device by an authorised implanter in accordance with the Domestic Animals Act 1994.
(2)It is a condition of any dingo licence that the licence holder must ensure that, when any dingo held under the licence is outside the premises specified in the licence, the dingo must wear a collar around its neck with an identification disc attached to the collar which clearly states the name and phone number of the licence holder and the licence number.
55Dingo licences—escape of dingoes
It is a condition of any dingo licence that, if any dingo held under the licence escapes, the licence holder must make all reasonable efforts to recapture, humanely destroy or otherwise determine the fate of the escaped dingo.
Note
There are also reporting requirements that apply in these circumstances—see regulation 33(4).
56Dingo licences—conditions applying to the display of dingoes
(1)Subregulations (2) to (5) are conditions that apply to a dingo licence when a dingo is being displayed under the licence for educational purposes or at a show conducted by a canine association.
(2)The licence holder must ensure that the licence holder, or a person permitted by the licence holder, is always in attendance to protect the dingo from abuse or harassment by any person.
(3)The licence holder must ensure that the licence holder, or a person permitted by the licence holder, has direct control of the dingo at all times.
(4)The licence holder must ensure that every precaution is taken to prevent the risk of injury to any person and to ensure the health and wellbeing of the dingo.
(5)The licence holder must ensure that the dingo is fully conditioned to handling.
57Dingo licences—Secretary may approve certain matters
(1)The Secretary may give written approval to the holder of a dingo licence to do any of the following—
(a)for the purposes of regulation 49(1)(b), buy, acquire or receive a dingo from the person specified in the approval;
(b)for the purposes of regulation 49(2)(b), sell or dispose of a dingo to the person specified in the approval;
(c)for the purposes of regulation 50, buy, sell, acquire, receive or dispose of any dingo pup that is less than 7 weeks of age;
(d)for the purposes of regulation 51(e), keep dingoes at an address that is different from the address specified in the licence for the purpose specified in the approval.
(2)The Secretary may impose conditions on an approval given under subregulation (1).
(3)The holder of a dingo licence may apply for an approval under subregulation (1) in the manner specified by the Secretary.
58Commercial wildlife licences—conditions relating to employees
(1)It is a condition of any commercial wildlife licence that the licence holder must ensure that all employees of the licence holder who are employed to engage in conduct on behalf of the licence holder under that licence are aware of, and competent in, the scope of activities which may be undertaken on behalf of the licence holder under the wildlife licence.
(2)It is a condition of any commercial wildlife licence that the licence holder must provide a copy of the wildlife licence to an employee before that employee undertakes any activity on behalf of the licence holder under that licence.
(3)It is a condition of any commercial wildlife licence that the licence holder must take reasonable steps to ensure that the employee carries a legible copy of the licence when undertaking any activity under the licence.
(4)It is a condition of any wildlife controller licence that—
(a)in the case of a licence holder that is a natural person, the licence holder is present when an employee of the licence holder takes wildlife from the wild; or
(b)in the case of a licence holder that is not a natural person, the natural person responsible for managing the activities authorised under the licence is present when an employee of the licence holder takes wildlife from the wild.
59Commercial wildlife licences—display of signs
(1)It is a condition of any commercial wildlife licence, except a wildlife controller licence, that the licence holder at all times must display a sign stating the following words—
(a)"The wildlife on these premises are possessed under a licence issued under the Wildlife Act 1975"; and
(b)"Wildlife must not be taken from the wild without a licence, permit or authority issued under the Wildlife Act 1975".
(2)It is a condition of any commercial wildlife licence, except a wildlife controller licence, that the licence holder must ensure that any sign which is required to be displayed by subregulation (1)—
(a)is positioned at the main entrance to the premises specified in the licence; and
(b)is in a position that is obvious and easily readable for all visitors to the premises or wildlife display or wildlife demonstration; and
(c)has a white background, with lettering in black block type of not less than 30 millimetres in height; and
(d)is maintained in good condition so that it is easily readable at all times.
60Wildlife controller licences—approvals required before wildlife can be controlled
(1)It is a condition of any wildlife controller licence that the licence holder must not take or destroy wildlife on any land (whether it is private land or Crown land) without the prior written approval of the owner, occupier or manager of that land.
(2)It is a condition of any wildlife controller licence that if the licence holder is employed by an owner, occupier or manager of land to take or destroy wildlife listed in Schedule 6, the licence holder must ensure that the owner, occupier or manager of the land holds an authorisation issued under Part IIIA of the Act unless—
(a)the wildlife is declared by the Governor in Council to be unprotected in that area; or
(b)the licence holder is taking or destroying reptiles.
61Wildlife controller licences—conditions relating to equipment
(1)It is a condition of any wildlife controller licence that the licence holder must only use equipment that is specified in the licence for taking or destroying wildlife.
(2)It is a condition of any wildlife controller licence that the licence holder must attach a clear label specifying the wildlife licence number to all equipment specified in the licence that is to be used in connection with the licence.
62Wildlife controller licences—persons to whom wildlife may be disposed of
It is a condition of any wildlife controller licence that the licence holder must not dispose of wildlife to any person or organisation, unless the disposal is—
(a)to a person or an organisation specified in the licence; or
(b)in accordance with the prior written approval of the Secretary.
63Wildlife controller licences—condition relating to display
It is a condition of any wildlife controller licence that the licence holder must not display to the public the wildlife or any operations undertaken in accordance with the licence.
64Wildlife controller licences—Secretary may approve certain matters
(1)For the purposes of regulation 62, the Secretary may give written approval to the holder of a wildlife controller licence to dispose of, but not sell, wildlife to a person or an organisation that is not specified in the licence.
(2)The Secretary may impose conditions on an approval given under subregulation (1).
(3)The holder of a wildlife controller licence may apply for an approval under this regulation in the manner specified by the Secretary.
65Wildlife dealer licences—applicable code of practice
It is a condition of any wildlife dealer licence that the licence holder must comply with the Code of Practice for the Operation of Pet Shops, made under Division 4 of Part 4 of the Domestic Animals Act 1994, as published from time to time.
66Wildlife dealer licences—condition relating to the keeping of wildlife
It is a condition of any wildlife dealer licence that the licence holder must keep the wildlife at the premises specified in the licence unless—
(a)the licence holder has obtained the prior written approval of the Secretary to keep the wildlife at a different premises; or
(b)the licence holder is participating in an approved wildlife event; or
(c)the licence holder is undertaking a transaction in accordance with regulation 38.
67Wildlife dealer licences—conditions relating to the display of wildlife
(1)It is a condition of any wildlife dealer licence that the licence holder must only display the wildlife to the public at the premises specified in the licence unless—
(a)the licence holder has obtained the prior written approval of the Secretary to display the wildlife at a different premises for the purpose of promoting the licence holder's business; or
(b)the licence holder is participating in an approved wildlife event.
(2)It is a condition of any wildlife dealer licence that the licence holder must display, at all times on each enclosure which contains wildlife at the premises specified in the licence, a sign which includes the following details—
(a)the common name, as specified in the relevant Schedule to these Regulations, of all taxa of wildlife contained in that enclosure;
(b)the details of the category of licence that must be held by any purchaser of that wildlife.
(3)It is a condition of any wildlife dealer licence that the licence holder must not charge a fee for the display of wildlife to the public.
68Wildlife dealer licences—persons with whom a wildlife transaction may occur
(1)It is a condition of any wildlife dealer licence that the licence holder must not buy, acquire or receive wildlife listed in Part B of Schedule 4 from a person unless the person produces evidence of the person's identity.
(2)It is a condition of any wildlife dealer licence that the licence holder must not buy, acquire or receive wildlife from a person unless—
(a)that person—
(i)holds a wildlife licence that authorises that person to sell or dispose of that wildlife; or
(ii)is an exempt person for the purposes of selling or disposing of that wildlife; or
(b)the licence holder has obtained the prior written approval of the Secretary to buy, acquire or receive that wildlife from that person.
(3)It is a condition of any wildlife dealer licence that the licence holder must not sell or dispose of wildlife to a person unless—
(a)that person—
(i)holds a wildlife licence that authorises that person to buy, acquire or receive that wildlife; or
(ii)is an exempt person for the purposes of buying, acquiring or receiving that wildlife; or
(b)the licence holder has obtained the prior written approval of the Secretary to sell or dispose of that wildlife to that person.
69Wildlife dealer licences—information on wildlife care requirements
(1)It is a condition of any wildlife dealer licence that the licence holder must provide information to each person who buys, acquires or receives wildlife from the licence holder that outlines the requirements for the proper feeding, care, housing and welfare of that taxon of wildlife.
(2)It is a condition of any wildlife dealer licence that the licence holder must provide the information described in subregulation (1) to an authorised officer upon request and, if the authorised officer requests any changes to the information, make those changes within 5 business days of the request.
70Wildlife dealer licences—condition relating to the death of wildlife
It is a condition of any wildlife dealer licence that the licence holder must, if wildlife dies while in the possession of the licence holder—
(a)sell or dispose of the dead wildlife to the holder of a wildlife taxidermist licence; or
(b)dispose of the dead wildlife by incineration or burial.
71Wildlife dealer licences—Secretary may approve certain matters
(1)The Secretary may give written approval to the holder of a wildlife dealer licence to do any of the following—
(a)for the purposes of regulation 66(a), keep the wildlife at a different premises from the premises specified in the licence;
(b)for the purposes of regulation 67(1)(a), display the wildlife at a different premises from the premises specified in the licence;
(c)for the purposes of regulation 68(2)(b), buy, acquire or receive wildlife from the person specified in the approval;
(d)for the purposes of regulation 68(3)(b), sell or dispose of wildlife to the person specified in the approval.
(2)The Secretary may impose conditions on an approval given under subregulation (1).
(3)The holder of a wildlife dealer licence may apply for an approval under subregulation (1) in the manner specified by the Secretary.
72Wildlife demonstrator licences—approval required for commercial filming of wildlife
It is a condition of any wildlife demonstrator licence that the licence holder must obtain the written approval of the Secretary before allowing the wildlife to be used in a commercial film.
73Wildlife demonstrator licences—regular demonstrations required
It is a condition of any wildlife demonstrator licence issued for more than 3 months that the licence holder must give at least 5 demonstrations involving wildlife to the public in every 6 month period that the licence is in force.
74Wildlife demonstrator licences—restriction on the sale and disposal of wildlife
It is a condition of any wildlife demonstrator licence that the licence holder must not sell or dispose of any wildlife within 6 months of the holder buying, acquiring or receiving the wildlife unless the holder has obtained the prior written approval of the Secretary to do so.
75Wildlife demonstrator licences—conditions relating to the safety and escape of wildlife
(1)It is a condition of any wildlife demonstrator licence that the licence holder must ensure that the chance of escape of any wildlife is minimised when the wildlife is displayed.
(2)It is a condition of any wildlife demonstrator licence that the licence holder must display wildlife in circumstances that minimise the risk of injury to any person or to the wildlife.
(3)It is a condition of any wildlife demonstrator licence that the licence holder must not allow dangerous or venomous wildlife to be handled by persons other than the licence holder, unless the licence holder has obtained the prior written approval of the Secretary to allow other persons to handle that wildlife.
(4)It is a condition of any wildlife demonstrator licence that the licence holder must ensure that wildlife being demonstrated is under the direct supervision of the licence holder or an employee of the licence holder at all times while the wildlife is being demonstrated.
(5)It is a condition of any wildlife demonstrator licence that, if dangerous or venomous wildlife is to be part of any travelling demonstration under the licence, the licence holder must ensure that—
(a)the enclosure for that demonstration is an open topped enclosure that is designed, constructed and maintained to—
(i)allow the safe demonstration of any wildlife within the enclosure; and
(ii)prevent the escape of any wildlife within the enclosure; and
(b)the walls of the enclosure are a minimum height of 1.1 metres; and
(c)the walls of the enclosure are constructed from solid and sturdy materials with no gaps or holes that may allow a person outside the enclosure to protrude any part of their body through the walls.
76Wildlife demonstrator licences—applicable code of practice
It is a condition of any wildlife demonstrator licence that the licence holder must ensure that the wildlife is displayed in a manner that provides for the good health and welfare of that wildlife in accordance with the Code of Practice for the Public Display and Exhibition of Animals, made under section 7(1) of the Prevention of Cruelty to Animals Act 1986, as published from time to time.
77Wildlife demonstrator licences—condition relating to the keeping of wildlife
It is a condition of any wildlife demonstrator licence that the licence holder must keep the wildlife at the premises specified in the licence unless—
(a)the licence holder has obtained the prior written approval of the Secretary to keep the wildlife at a different premises; or
(b)the licence holder is participating in an approved wildlife event; or
(c)the licence holder is displaying wildlife to the public in a travelling display or demonstration or another temporary display or demonstration in Victoria; or
(d)the wildlife is being used in the making of a commercial film in accordance with the prior written approval of the Secretary at the location specified in the approval; or
(e)the licence holder is undertaking a transaction in accordance with regulation 38.
78Wildlife demonstrator licences—condition relating to the death of wildlife
It is a condition of any wildlife demonstrator licence that the licence holder must, if wildlife dies while in the possession of the licence holder—
(a)sell or dispose of the dead wildlife to the holder of a wildlife taxidermist licence; or
(b)dispose of the dead wildlife by incineration or burial; or
(c)keep the dead wildlife.
79Wildlife demonstrator licences—persons with whom a wildlife transaction may occur
(1)It is a condition of any wildlife demonstrator licence that the licence holder must not buy, acquire or receive wildlife from a person unless—
(a)the person—
(i)holds a wildlife licence that authorises that person to sell or dispose of that wildlife; or
(ii)is an exempt person for the purposes of selling or disposing of that wildlife; or
(b)the licence holder has obtained the prior written approval of the Secretary to buy, acquire or receive that wildlife from that person.
(2)It is a condition of any wildlife demonstrator licence that the licence holder must not sell or dispose of wildlife to a person unless—
(a)that person—
(i)holds a wildlife licence that authorises that person to buy, acquire or receive that wildlife; or
(ii)is an exempt person for the purposes of buying, acquiring or receiving that wildlife; or
(b)the licence holder has obtained the prior written approval of the Secretary to sell or dispose of that wildlife to that person.
80Wildlife demonstrator licences—Secretary may approve certain matters
(1)The Secretary may give written approval to the holder of a wildlife demonstrator licence to do any of the following—
(a)for the purposes of regulation 72, allow the wildlife to be used in a commercial film;
(b)for the purposes of regulation 74, sell or dispose of any wildlife that—
(i)the licence holder has bought, acquired or received; and
(ii)has been in the possession of the licence holder for less than 6 months;
(c)for the purposes of regulation 75(3), allow dangerous or venomous wildlife to be handled by persons other than the licence holder;
(d)for the purposes of regulation 77(a), keep the wildlife at a different premises from the premises specified in the licence;
(e)for the purposes of regulation 79(1)(b), buy, acquire or receive wildlife from the person specified in the approval;
(f)for the purposes of regulation 79(2)(b), sell or dispose of wildlife to the person specified in the approval.
(2)The Secretary may impose conditions on an approval given under subregulation (1).
(3)The holder of a wildlife demonstrator licence may apply for an approval under subregulation (1) in the manner specified by the Secretary.
81Wildlife displayer licences—approval required for commercial filming of wildlife
It is a condition of any wildlife displayer licence that the licence holder must obtain the written approval of the Secretary before allowing wildlife to be used in a commercial film.
82Wildlife displayer licences—conditions relating to the facilities for display
(1)It is a condition of any wildlife displayer licence that when the wildlife is being displayed at the premises specified in the licence, the wildlife is displayed in permanent and fixed facilities where—
(a)the enclosure is an integral part of the display; and
(b)the display of wildlife has a clear conservation theme and is designed to present information on the ecological role of the wildlife being displayed.
(2)It is a condition of any wildlife displayer licence that the licence holder must open the display at the premises specified in the licence to the public for at least 6 hours per day during the daylight hours, on at least 50 days in each of the following 6 month periods over a 12 month period—
(a)1 October to 31 March;
(b)1 April to 30 September.
83Wildlife displayer licences—conditions relating to the safety of wildlife
(1)It is a condition of any wildlife displayer licence that, for any area within the premises specified in the licence in which an enclosure containing wildlife is situated, the licence holder must ensure that the entire perimeter of the area is enclosed by a fence that is of a sufficient height, strength and design that will prevent—
(a)the escape of any wildlife from that area; and
(b)entry of persons not authorised by the licence holder.
(2)It is a condition of any wildlife displayer licence that when wildlife is displayed, the licence holder must ensure that—
(a)the risk of injury to any person is minimised; and
(b)the chance of escape of the wildlife is minimised.
(3)It is a condition of any wildlife displayer licence that the licence holder must not allow dangerous or venomous wildlife to be handled by persons other than the licence holder, unless the licence holder has obtained the prior written approval of the Secretary to allow other persons to handle that wildlife.
(4)It is a condition of any wildlife displayer licence that the licence holder must ensure that wildlife being displayed is under the direct supervision of the licence holder or an employee of the licence holder at all times while the display is open to the public.
84Wildlife displayer licences—applicable code of practice
It is a condition of any wildlife displayer licence that the licence holder must ensure that the wildlife is displayed in a manner that provides for the good health and welfare of that wildlife in accordance with the Code of Practice for the Public Display and Exhibition of Animals, made under section 7(1) of the Prevention of Cruelty to Animals Act 1986, as published from time to time.
85Wildlife displayer licences—condition relating to changes to enclosures
It is a condition of any wildlife displayer licence that the licence holder must not commence construction of a new enclosure or make alterations to an existing enclosure that might impact on the welfare of wildlife without the prior written approval of the Secretary.
Regulations 8, 9, 13, 14 and 19(1)
| Column 1 Item number | Column 2
| Column 3
| |
| Birds | |||
| 1 | Brown Quail | Coturnix ypsilophora | |
| 2 | Little Button-quail | Turnix velox | |
| 3 | Red-backed Button-quail | Turnix maculosa | |
| 4 | Painted Button-quail | Turnix varia | |
| 5 | Black-breasted Button-quail | Turnix melanogaster | |
| 6 | Red-chested Button-quail | Turnix pyrrhothorax | |
| 7 | Chestnut-backed Button-quail | Turnix castanota | |
| 8 | Bar-shouldered Dove | Geopelia humeralis | |
| 9 | Flock Bronzewing | Phaps histrionica | |
| 10 | White-headed Pigeon | Columba leucomela | |
| 11 | Brush Bronzewing | Phaps elegans | |
| 12 | Spinifex Pigeon | Geophaps plumifera | |
| 13 | Squatter Pigeon | Geophaps scripta | |
| 14 | Partridge Pigeon | Geophaps smithii | |
| 15 | Rose-crowned Fruit-Dove | Ptilinopus regina | |
| 16 | Brown Cuckoo-Dove | Macropygia amboinensis | |
| 17 | Pied Imperial-Pigeon | Ducula bicolor | |
| 18 | Topknot Pigeon | Lopholaimus antarcticus | |
| 19 | Wonga Pigeon | Leucosarcia melanoleuca | |
| 20 | Pacific Black Duck | Anas superciliosa | |
| 21 | Grey Teal | Anas gracilis | |
| 22 | Chestnut Teal | Anas castanea | |
| 23 | Australasian Shoveler | Anas rhynchotis | |
| 24 | Maned Duck | Chenonetta jubata | |
| 25 | Cape Barren Goose | Cereopsis novaehollandiae | |
| 26 | Australian Shelduck | Tadorna tadornoides | |
| 27 | Magpie Goose | Anseranas semipalmata | |
| 28 | Hardhead | Aythya australis | |
| 29 | Wandering Whistling-Duck | Dendrocygna arcuata | |
| 30 | Plumed Whistling-Duck | Dendrocygna eytoni | |
| 31 | Radjah Shelduck | Tadorna radjah | |
| 32 | Pink-eared Duck | Malacorhynchus | |
| 33 | Black Swan | Cygnus atratus | |
| 34 | Black-tailed Native-hen | Gallinula ventralis | |
| 35 | Mulga Parrot | Psephotus varius | |
| 36 | Superb Parrot | Polytelis swainsonii | |
| 37 | Regent Parrot | Polytelis anthopeplus | |
| 38 | Regent Parrot | Polytelis anthopeplus | |
| 39 | Red-capped Parrot | Purpureicephalus spurius | |
| 40 | Rosellas— | Platycercus species | |
| 41 | Australian Ringneck | Barnardius zonarius All species | |
| 42 | Blue Bonnet | Northiella haematogaster | |
| 43 | Blue-winged Parrot | Neophema chrysostoma | |
| 44 | Rock Parrot | Neophema petrophila | |
| 45 | Australian King-Parrot | Alisterus scapularis | |
| 46 | Red-winged Parrot | Aprosmictus erythropterus | |
| 47 | Golden-shouldered Parrot | Psephotus chrysopterygius | |
| 48 | Eclectus Parrot | Eclectus roratus macgillivrayi | |
| 49 | Red-collared Lorikeet | Trichoglossus haematodus | |
| 50 | Varied Lorikeet | Psitteuteles versicolor | |
| 51 | Little Lorikeet | Glossopsitta pusilla | |
| 52 | Purple-crowned Lorikeet | Glossopsitta | |
| 53 | Masked Finch | Poephila personata | |
| 54 | Black-throated Finch | Poephila cincta | |
| 55 | Diamond Firetail | Stagonopleura guttata | |
| 56 | Red-browed Finch | Neochmia temporalis | |
| 57 | Crimson Finch | Neochmia phaeton | |
| 58 | Yellow-rumped Mannikin | Lonchura flaviprymna | |
| 59 | Pictorella Mannikin | Heteromunia pectoralis | |
| 60 | Red Wattlebird | Anthochaera carunculata | |
| 61 | Silvereye | Zosterops lateralis | |
| 62 | Banded Lapwing | Vanellus tricolor | |
| 63 | Masked Lapwing | Vanellus miles | |
| 64 | Australian Magpie | Craticus tibicen | |
| 65 | Laughing Kookaburra | Dacelo novaeguineae | |
| Reptiles | |||
| 66 | Broad-shelled River Turtle | Chelodina expansa | |
| 67 | Oblong Turtle | Chelodina colliei | |
| 68 | Northern Snapping Turtle | Elseya dentata | |
| 69 | Saw-shelled Turtle | Wollumbinia latisternum | |
| 70 | Mary River Tortoise | Elusor macrurus | |
| 71 | Northern Spiny-tailed Gecko | Strophurus ciliaris | |
| 72 | Western Stone Gecko | Diplodactylus granariensis | |
| 73 | Eastern Stone Gecko | Diplodactylus vittatus | |
| 74 | Tessellated Gecko | Diplodactylus tessellatus | |
| 75 | Bynoe's Gecko | Heteronotia binoei | |
| 76 | Desert Cave Gecko | Heteronotia spelea | |
| 77 | Beaded Gecko | Lucasium damaeum | |
| 78 | Northern Dtella | Gehyra australis | |
| 79 | Tree Dtella | Gehyra variegata | |
| 80 | Pale Knob-tailed Gecko | Nephrurus laevissimus | |
| 81 | Smooth Knob-tailed Gecko | Nephrurus levis | |
| 82 | Marbled Velvet Gecko | Oedura marmorata | |
| 83 | Southern Spotted Velvet Gecko | Oedura tryoni | |
| 84 | Southern Spiny-tailed Gecko | Strophurus intermedius | |
| 85 | Thick-tailed Gecko | Underwoodisaurus milii | |
| 86 | Bearded Dragon | Pogona barbata | |
| 87 | Jacky Lizard | Amphibolurus muricatus | |
| 88 | Central Bearded Dragon | Pogona vitticeps | |
| 89 | Eastern Water Dragon | Intellagama lesueurii | |
| 90 | Gippsland Water Dragon | Intellagama lesueurii howittii | |
| 91 | Crested Dragon | Ctenophorus cristatus | |
| 92 | Tawny Dragon | Ctenophorus decresii | |
| 93 | Peninsula Dragon | Ctenophorus fionni | |
| 94 | Western Netted Dragon | Ctenophorus reticulatus | |
| 95 | Red-barred Dragon | Ctenophorus vadnappa | |
| 96 | Central Military Dragon | Ctenophorus isolepis | |
| 97 | Central Netted Dragon | Ctenophorus nuchalis | |
| 98 | Mallee Military Dragon | Ctenophorus fordi | |
| 99 | Painted Dragon | Ctenophorus pictus | |
| 100 | Gilbert's Dragon | Amphibolurus gilberti | |
| 101 | Long-nosed Water Dragon | Amphibolurus longirostris | |
| 102 | Eyrean Earless Dragon | Tympanocryptis tetraporophora | |
| 103 | Southern Angle-headed Dragon | Hypsilurus spinipes | |
| 104 | Eastern Three-lined Skink | Acritoscincus duperreyi | |
| 105 | Land Mullet | Bellatorias major | |
| 106 | Garden Skink | Lampropholis delicata | |
| 107 | Grass Skink | Lampropholis guichenoti | |
| 108 | Southern Grass Skink | Pseudemoia entrecasteauxii | |
| 109 | Red-throated Skink | Acritoscincus platynotus | |
| 110 | Eastern Water Skink | Eulamprus quoyii | |
| 111 | Southern Water Skink subspecies only | Eulamprus tympanum subspecies only | |
| 112 | Black Rock Skink | Egernia saxatilis | |
| 113 | Gidgee Skink | Egernia stokesii | |
| 114 | Bougainville's Skink | Lerista bougainvillii | |
| 115 | Burrowing Skink | Lerista picturata | |
| 116 | Boulenger's Skink | Morethia boulengeri | |
| 117 | Spencer's Skink | Pseudemoia spenceri | |
| 118 | Ocellated Skink | Ctenotus pantherinus | |
| 119 | Regal Striped Skink | Ctenotus regius | |
| 120 | Major Skink | Bellatorias frerei | |
| 121 | Hosmer's Skink | Egernia hosmeri | |
| 122 | King's Skink | Egernia kingii | |
| 123 | Centralian Ranges Rock-skink | Liopholis margaretae | |
| 124 | Tree Skink | Egernia striolata | |
| 125 | Narrow-banded Sand Swimmer | Eremiascincus fasciolatus | |
| 126 | Ridge-tailed Monitor | Varanus acanthurus | |
| 127 | Pygmy Mulga Monitor | Varanus gilleni | |
| 128 | Mangrove Monitor | Varanus indicus | |
| 129 | Merten's Water Monitor | Varanus mertensi | |
| 130 | Storr's Monitor | Varanus storri | |
| 131 | Black-headed Monitor | Varanus tristis | |
| 132 | Lace Monitor | Varanus varius | |
| 133 | Sand Monitor | Varanus gouldii | |
| 134 | Burton's Snake-Lizard | Lialis burtonis | |
| 135 | Common Scaly-foot | Pygopus lepidopodus | |
| 136 | Eastern Hooded Scaly-foot | Pygopus schraderi | |
| 137 | Western Hooded Scaly-foot | Pygopus nigriceps | |
| 138 | Pink-tongued Lizard | Cyclodomorphus gerrardii | |
| 139 | Centralian Blue-tongued Lizard | Tiliqua multifasciata | |
| 140 | Western Blue-tongued Lizard | Tiliqua occipitalis | |
| 141 | Shingle-Back Lizard | Tiliqua rugosa | |
| 142 | Children's Python | Antaresia childreni | |
| 143 | Spotted Python | Antaresia maculosus | |
| 144 | Stimson's Python | Antaresia stimsoni | |
| 145 | Water Python | Liasis mackloti | |
| 146 | Olive Python | Liasis olivaceus | |
| 147 | Black-headed Python | Aspidites melanocephalus | |
| 148 | Australian Scrub Python | Morelia kinghorni | |
| 149 | Carpet or Diamond Python including Diamond Python Top End Carpet Python Eastern Carpet Python Jungle Carpet Python Murray/Darling Carpet Python Western Carpet Python | Morelia spilota M. s. spilota M. s. variegate M. s. mcdowelli M. s. cheynei M. s.metcalfei M. s. imbricata | |
| 150 | Centralian Carpet Python | Morelia bredli | |
| 151 | Keelback | Tropidonophis mairii | |
| 152 | Common or Green Tree Snake | Dendrelaphis punctulata | |
| 153 | Slatey-grey Snake | Stegonotus cucullatus | |
| 154 | Northern Tree Snake | Dendrelaphis calligastra | |
| 155 | Woma Python | Aspidites ramsayi | |
| 156 | Krefft's River Turtle | Emydura krefftii | |
| 157 | Southern Legless Lizard | Delma australis | |
| 158 | Olive Legless Lizard | Delma inornata | |
| Amphibians | |||
| 159 | Water-holding Frog | Cyclorana platycephala | |
| 160 | Eastern Dwarf Tree Frog | Litoria fallax | |
| 161 | Dainty Green Tree Frog | Litoria gracilenta | |
| 162 | Giant Tree Frog | Litoria infrafrenata | |
| 163 | Whistling Tree Frog | Litoria verreauxii | |
| 164 | Peron's Tree Frog | Litoria peronii | |
| 165 | Green Tree Frog | Litoria caerulea | |
| 166 | Leseur's Frog | Litoria lesueuri | |
| 167 | Blue Mountains Tree Frog | Litoria citropa | |
| 168 | Leaf Green Tree Frog | Litoria phyllochroa | |
| 169 | Leaf Green Tree Frog | Litoria nudidigita | |
| 170 | Brown Striped Frog | Limnodynastes peronii | |
| 171 | Great Barred Frog | Mixophyes fasciolatus | |
| 172 | Giant Barred Frog | Mixophyes iteratus | |
| 173 | Haswell's Frog | Paracrinia haswelli | |
| 174 | Southern Smooth Froglet | Geocrinia laevis | |
| 175 | Common Spadefoot Toad | Neobatrachus sudellae | |
| Mammals | |||
| 176 | Common Brushtail Possum | Trichosurus vulpecula | |
| 177 | Common Ringtail Possum | Pseudocheirus peregrinus | |
| 178 | Sugar Glider | Petaurus breviceps | |
| 179 | Fat-tailed Dunnart | Sminthopsis crassicaudata | |
| 180 | Kowari | Dasyuroides byrnei | |
| 181 | Tammar Wallaby | Macropus eugenii | |
| 182 | Red-necked Wallaby | Macropus rufogriseus | |
| 183 | Black Wallaby | Wallabia bicolor | |
| 184 | Red-necked Pademelon | Thylogale thetis | |
| 185 | Rufous-bellied Pademelon | Thylogale billardierii | |
| 186 | Red-legged Pademelon | Thylogale stigmatica | |
| 187 | Rufous Bettong | Aepyprymnus rufescens | |
| 188 | Southern Bettong | Bettongia gaimardi | |
| 189 | Common Wombat | Vombatus ursinus | |
| 190 | Plains Rat | Pseudomys australis | |
SCHEDULE 3—TAXA OF WILDLIFE THAT MAY BE THE SUBJECT OF WILDLIFE ADVANCED LICENCES OR CERTAIN COMMERCIAL WILDLIFE LICENCES
Regulations 9, 13, 14, 19(1) and 20(1)(f)
Part A
| Column 1 Item number | Column 2
| Column 3
|
| Birds | ||
| 1 | Baudin's Black-Cockatoo | Calyptorhynchus baudinii |
| 2 | Carnaby's Black-Cockatoo | Calyptorhynchus latirostris |
| 3 | Yellow-tailed Black-Cockatoo (all taxa) | Calyptorhynchus funereus (all taxa) |
| 4 | Red-tailed Black-Cockatoo (all taxa except South-eastern) | Calyptorhynchus banksia (all taxa except graptogyne) |
| 5 | Gang-gang Cockatoo | Callocephalon fimbriatum |
| 6 | Major Mitchell Cockatoo (all taxa) | Lophochroa leadbeateri (all taxa) |
| 7 | Glossy Black Cockatoo | Calyptorhynchus lathami |
| 8 | Swift Parrot | Lathamus discolor |
| 9 | Blue Bonnet (southern Western Australian form narethae) | Northiella haematogaster narethae |
Part B
| Column 1 Item number | Column 2
| Column 3
|
| Birds | ||
| 1 | Double-eyed Fig-Parrot | Cyclopsitta diophthalma |
| 2 | Freckled Duck | Stictonetta naevosa |
| 3 | Cotton Pygmy-Goose | Nettapus coromandelianus |
| 4 | Green Pygmy-Goose | Nettapus pulchellus |
| 5 | Blue-billed Duck | Oxyura australis |
| 6 | Musk Duck | Biziura lobata |
| 7 | Superb Fruit-Dove | Ptilinopus superbus |
| 8 | Wompoo Fruit-Dove | Ptilinopus magnificus |
| 9 | Superb Fairy-wren | Malurus cyaneus |
| 10 | Splendid Fairy-wren | Malurus splendens |
| 11 | Variegated Fairy-wren | Malurus lamberti |
| 12 | White-winged Fairy-wren | Malurus leucopterus |
| 13 | Spotted Pardalote | Pardalotus punctatus |
| 14 | Beautiful Firetail | Stagonopleura bella |
| 15 | Red-eared Firetail | Stagonopleura oculata |
| 16 | Scarlet Honeyeater | Myzomela sanguinolenta |
| 17 | Crimson Chat | Epthianura tricolor |
| 18 | White-fronted Chat | Epthianura albifrons |
| 19 | White-quilled Rock-Pigeon | Petrophassa albipennis |
| 20 | Chestnut-quilled Rock Pigeon | Petrophassa rufipennis |
| 21 | White-browed Woodswallow | Artamus superciliosus |
| 22 | Inland Dotterel | Charadrius australis |
| 23 | Sacred Kingfisher | Todiramphus sanctus |
| 24 | Noisy Pitta | Pitta versicolor |
| Reptiles | ||
| 25 | Saltwater Crocodile | Crocodylus porosus |
| 26 | Freshwater Crocodile | Crocodylus johnstoni |
| 27 | Brook's Striped Skink | Ctenotus brooksi |
| 28 | Schomburgk's Skink | Ctenotus schomburgkii |
| 29 | Fat-tailed Gecko | Diplodactylus conspicillatus |
| 30 | Jewelled Gecko | Strophurus elderi |
| 31 | Giant Cave Gecko | Pseudothecadactylus lindneri |
| 32 | Beaked Gecko | Rhynchoedura ornata |
| 33 | Centralian Knob-tailed Gecko | Nephrurus amyae |
| 34 | Prickly Knob-tailed Gecko | Nephrurus asper |
| 35 | Golden-tailed Gecko | Strophurus taenicauda |
| 36 | Rough-throated Leaf-tail Gecko | Saltuarius salebrosus |
| 37 | Southern Leaf-tailed Gecko | Saltuarius swaini |
| 38 | Frilled Lizard | Chlamydosaurus kingii |
| 39 | Boyd's Forest Dragon | Hypsilurus boydii |
| 40 | Downs Bearded Dragon | Pogona henrylawsoni |
| 41 | Short-tailed Pygmy Monitor | Varanus brevicauda |
| 42 | Stripe-tailed Monitor | Varanus caudolineatus |
| 43 | Spotted Tree Monitor | Varanus scalaris |
| 44 | Spencer's Monitor | Varanus spenceri |
| 45 | Mitchell's Water Monitor | Varanus mitchelli |
| 46 | Green Python | Morelia viridis |
| 47 | Pygmy Python | Antaresia perthensis |
| 48 | Rough-scaled Python | Morelia carinata |
| 49 | Common Death Adder | Acanthophis antarcticus |
| 50 | Northern Death Adder | Acanthophis praelongus |
| 51 | Desert Death Adder | Acanthophis pyrrhus |
| 52 | Lowland Copperhead | Austrelaps superbus |
| 53 | Stephen's Banded Snake | Hoplocephalus stephensii |
| 54 | Tiger Snake (all taxa) | Notechis scutatus (all taxa) |
| 55 | Taipan | Oxyuranus scutellatus |
| 56 | Fierce Snake | Oxyuranus microlepidotus |
| 57 | Mulga Snake | Pseudechis australis |
| 58 | Collett's Snake | Pseudechis colletti |
| 59 | Spotted Black Snake | Pseudechis guttatus |
| 60 | Red-bellied Black Snake | Pseudechis porphyriacus |
| 61 | Dugite | Pseudonaja affinis |
| 62 | Speckled Brown Snake | Pseudonaja guttata |
| 63 | Western Brown Snake (Gwardar) including southern central Australia variety and tropical northern Australia variety | Pseudonaja mengdeni Pseudonaja aspidorhyncha Pseudonaja nuchalis |
| 64 | Eastern Brown Snake | Pseudonaja textilis |
| 65 | Yellow-faced Whip Snake | Demansia psammophis |
| 66 | Eastern Small-eyed Snake | Cryptophis nigrescens |
| 67 | Curl Snake | Suta suta |
| 68 | White-lipped Snake | Drysdalia coronoides |
| 69 | Little Whip Snake | Parasuta flagellum |
| 70 | Mitchell's Short-tailed Snake | Parasuta nigriceps |
| 71 | Brown Tree Snake | Boiga irregularis |
| 72 | Arafura File Snake | Acrochordus arafurae |
| 73 | Northern Snake-necked Turtle | Chelodina rugosa |
| 74 | Steindachner's Turtle | Chelodina steindachneri |
| 75 | Pig-nosed Turtle | Carettochelys insulpta |
| 76 | Painted Turtle Jardine River Turtle only | Emydura subglobosa subglobosa |
| Mammals | ||
| 77 | Common Wallaroo (Euro) | Macropus robustus |
| 78 | Western Grey Kangaroo | Macropus fuliginosus |
| 79 | Kangaroo Island Kangaroo | Macropus fuliginosus fuliginosus |
| 80 | Eastern Grey Kangaroo | Macropus giganteus |
| 81 | Red Kangaroo | Macropus rufus |
| 82 | Agile Wallaby | Macropus agilis |
| 83 | Parma Wallaby | Macropus parma |
| 84 | Black-striped Wallaby | Macropus dorsalis |
| 85 | Quokka | Setonix brachyurus |
| 86 | Long-nosed Potoroo | Potorous tridactylus |
| 87 | Brush-tailed Bettong | Bettongia pencillata |
| 88 | Feathertail Glider | Acrobates pygmaeus |
| 89 | Squirrel Glider | Petaurus norfolcensis |
| 90 | Southern Brown Bandicoot | Isoodon obesulus |
| 91 | Eastern Quoll | Dasyurus viverrinus |
| 92 | Spot-tailed Quoll | Dasyurus maculatus |
| Amphibians | ||
| 93 | Green and Golden Bell Frog | Litoria aurea |
| 94 | Growling Grass Frog | Litoria raniformis |
| 95 | Southern Toadlet | Pseudophryne semimarmorata |
| 96 | Giant Burrowing Frog | Heleioporus australiacus |
| 97 | Red-eyed Tree Frog | Litoria chloris |
| 98 | Orange-Thighed Frog | Litoria xanthomera |
| 99 | Roth's Tree Frog | Litoria rothii |
| 100 | Northern Dwarf Tree Frog | Litoria bicolor |
| 101 | Magnificent Tree Frog | Litoria splendida |
SCHEDULE 4—TAXA OF WILDLIFE THAT MAY BE THE SUBJECT OF CERTAIN COMMERCIAL WILDLIFE LICENCES OR SUBJECT TO EXEMPTIONS IN CERTAIN CIRCUMSTANCES
Regulations 13, 14, 19(1), 68(1), 127, 129 and 138(a)
Part A
| Column 1 Item number | Column 2 Common name | Column 3 Scientific name |
| Birds | ||
| 1 | King Quail | Excalfactoria chinensis |
| 2 | Budgerigar | Melopsittacus undulatus |
| 3 | Zebra Finch | Taeniopygia guttata |
| 4 | Cockatiel | Nymphicus hollandicus |
| 5 | Bourke's Parrot | Neopsephotus bourkii |
| Mammals | ||
| 6 | Fallow Deer | Dama dama (including D.d mesopotamica) |
| 7 | Chital | Axis axis |
| 8 | Hog Deer | Axis porcinus |
| 9 | Rusa Deer | Cervus timorensis |
| 10 | Sambar | Cervus unicolor |
| 11 | Red Deer | Cervus elaphus |
| 12 | Wapiti Deer | Cervus canadensis |
Part B
| Column 1 Item number | Column 2 Common name | Column 3 Scientific name |
| Birds | ||
| 1 | Eastern Rosella | Platycercus eximius |
| 2 | Western Rosella | Platycercus icterotis |
| 3 | Scarlet-chested Parrot | Neophema splendida |
| 4 | Elegant Parrot | Neophema elegans |
| 5 | Turquoise Parrot | Neophema pulchella |
| 6 | Alexandra's (Princess) Parrot | Polytelis alexandrae |
| 7 | Hooded Parrot | Psephotus dissimilis |
| 8 | Australian Ringneck | Barnardius zonarius semitorquatus |
| 9 | Gouldian Finch | Erythrura gouldiae |
| 10 | Star Finch | Neochmia ruficauda |
| 11 | Blue-faced Finch | Erythrura trichroa |
| 12 | Long-tailed Finch | Poephila acuticauda |
| 13 | Chestnut-breasted Mannikin | Lonchura castaneothorax |
| 14 | Plum-headed Finch | Neochmia modesta |
| 15 | Double-barred Finch | Taeniopygia bichenovii |
| 16 | Stubble Quail | Coturnix pectoralis |
| 17 | Red-rumped Parrot | Psephotus haematonotus |
| 18 | Rainbow Lorikeet—excluding subspecies | Trichoglossus haematodus |
| 19 | Scaly-breasted Lorikeet | Trichoglossus chlorolepidotus |
| 20 | Musk Lorikeet | Glossopsitta concinna |
| 21 | Eclectus Parrot | Eclectus roratus polychloros |
| 22 | Painted Firetail | Emblema pictum |
| 23 | Peaceful Dove | Geopelia striata |
| 24 | Common Bronzewing | Phaps chalcoptera |
| 25 | Crested Pigeon | Ocyphaps lophotes |
| 26 | Emerald Dove | Chalcophaps indica |
| 27 | Diamond Dove | Geopelia cuneata |
| 28 | Galah | Eolophus roseicapilla |
| 29 | Sulphur-crested Cockatoo | Cacatua galerita |
| 30 | Little Corella | Cacatua sanguinea |
| 31 | Long-billed Corella | Cacatua tenuirostris |
| Amphibians | ||
| 32 | Plains Froglet | Crinia parinsignifera |
| 33 | Common Eastern Froglet | Crinia signifera |
| 34 | Spotted Grass Frog | Limnodynastes tasmaniensis |
| 35 | Eastern Banjo Frog | Limnodynastes dumerilii |
| 36 | Southern Brown Tree Frog | Litoria ewingii |
| Reptiles | ||
| 37 | Common Long-necked Tortoise | Chelodina longicollis |
| 38 | Murray Turtle | Emydura macquarii |
| 39 | Marbled Gecko | Christinus marmoratus |
| 40 | Cunningham's Skink | Egernia cunninghami |
| 41 | White's Skink | Liopholis whitii |
| 42 | Blotched Blue-tongued Lizard | Tiliqua nigrolutea |
| 43 | Eastern Blue-tongued Lizard | Tiliqua scincoides |
| Mammals | ||
| 44 | Mitchell's Hopping Mouse | Notomys mitchelli |
| 45 | Spinifex Hopping Mouse | Notomys alexis |
SCHEDULE 5—TAXA OF WILDLIFE THAT MAY BE THE SUBJECT OF WILDLIFE PROCESSOR LICENCES OR SUBJECT TO EXEMPTIONS IN CERTAIN CIRCUMSTANCES
Regulations 17(1), 118(1)(b), 123(2)(c), 124(1)(c), 126(1)(b),
130, 131, 135(1), 136 and 138(e)
Part A
| Column 1 Item number | Column 2 Common name | Column 3 Scientific name |
| Mammals | ||
| 1 | Common Brushtail Possum | Trichosurus vulpecula |
| 2 | Western Grey Kangaroo | Macropus fuliginosus melanops |
| 3 | Eastern Grey Kangaroo | Macropus giganteus |
| 4 | Whiptail Wallaby | Macropus parryi |
| 5 | Common Wallaroo (Euro) | Macropus robustus |
| 6 | Red-necked Wallaby | Macropus rufogriseus |
| 7 | Red Kangaroo | Macropus rufus |
| 8 | Rufous-bellied Pademelon | Thyllogale billardierii |
| Reptiles | ||
| 9 | Freshwater Crocodile | Crocodylus johnstoni |
| 10 | Saltwater Crocodile | Crocodylus porosus |
| Birds | ||
| 11 | Emu | Dromaius novaehollandiae |
Part B
| Column 1 Item number | Column 2 Common name | Column 3 Scientific name |
| Mammals | ||
| 1 | Fallow Deer | Dama dama (including D.d mesopotamica) |
| 2 | Chital | Axis axis |
| 3 | Hog Deer | Axis porcinus |
| 4 | Rusa Deer | Cervus timorensis |
| 5 | Sambar | Cervus unicolor |
| 6 | Red Deer | Cervus elaphus |
| 7 | Wapiti Deer | Cervus canadensis |
SCHEDULE 6—TAXA OF WILDLIFE THAT MAY BE THE SUBJECT OF WILDLIFE CONTROLLER LICENCES
Regulations 12 and 60(2)
| Column 1 Item number | Column 2 Common name | Column 3 Scientific name |
| Birds | ||
| 1 | Sulphur-crested Cockatoo | Cacatua galerita |
| 2 | Long-billed Corella | Cacatua tenuirostris |
| 3 | Galah | Eolophus roseicapilla |
| 4 | Crimson Rosella | Platycercus elegans |
| 5 | Eastern Rosella | Platycercus eximius |
| 6 | Australian Raven | Corvus coronoides |
| 7 | Pied Currawong | Strepera graculina |
| 8 | Emu | Dromaius novaehollandiae |
| 9 | Australian Shelduck | Tadorna tadornoides |
| 10 | Maned Duck | Chenonetta jubata |
| 11 | Silver Gull | Larus novaehollandiae |
| Mammals | ||
| 12 | Eastern Grey Kangaroo | Macropus giganteus |
| 13 | Western Grey Kangaroo | Macropus fuliginosus melanops |
| 14 | Black Wallaby | Wallabia bicolor |
| 15 | Common Brushtail Possum | Trichosurus vulpecula |
| 16 | Common Wombat | Vombatus ursinus |
| 17 | Fallow Deer | Dama dama (including D.d mesopotamica) |
| 18 | Chital | Axis axis |
| 19 | Hog Deer | Axis porcinus |
| 20 | Rusa Deer | Cervus timorensis |
| 21 | Sambar | Cervus unicolour |
| 22 | Red Deer | Cervus elaphus |
| 23 | Wapiti Deer | Cervus canadensis |
| Reptiles | ||
| 24 | All reptiles |
SCHEDULE 7—TAXA OF WILDLIFE THAT MAY BE THE SUBJECT OF WILDLIFE FARMER LICENCES AND CERTAIN OTHER WILDLIFE LICENCES, OR SUBJECT TO EXEMPTIONS IN CERTAIN CIRCUMSTANCES
Regulations 8, 9, 13, 17(2), 18, 19(2)(a), 40(2) and (3), 43(1),
118(1)(b), 123(2)(d), 126(1)(b) and 127
| Column 1 Item number | Column 2 Common name | Column 3 Scientific name |
| 1 | Emu | Dromaius novaehollandiae |
═════════════
ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Wildlife Regulations 2024, S.R. No. 45/2024 were made on 12 June 2024 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 87 of the Wildlife Act 1975, No. 8699/1975 and came into operation on 15 June 2024: regulation 3.
The Wildlife Regulations 2024 will sunset 10 years after the day of making on 12 June 2034 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Wildlife Regulations 2024 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
[1] Reg. 4(a): S.R. No. 64/2013 as amended by S.R. Nos 75/2014, 155/2014, 21/2018, 164/2018 and 172/2021.
[2] Reg. 4(b): S.R. No. 75/2014.
[3] Reg. 4(c): S.R. No. 155/2014.
[4] Reg. 4(d): S.R. No. 21/2018.
[5] Reg. 4(e): S.R. No. 164/2018.
[6] Reg. 4(f): S.R. No. 172/2021.
——
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2023 is $15.90 and for the financial year commencing 1 July 2024 is $16.33. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31 and for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 45/2024 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 65 | Code of Practice for the Operation of Pet Shops, made under section 62 of the Domestic (Feral) and Nuisance Animals Act 1994 (as in force before the repeal of that section) and published in the Government Gazette on 4 April 1996, as amended under section 59 of the Domestic Animals Act 1994 and published in the Government Gazette on 19 July 2018 | The whole |
| Regulations 76 and 84 | Code of Practice for the Public Display and Exhibition of Animals, made under section 7(1) of the Prevention of Cruelty to Animals Act 1986 and published in the Government Gazette on 15 December 1994 | The whole |
| Regulations 95(a) and 122(1)(e)(iv) | Code of Practice for the Welfare of Animals on Private Game Reserves licensed to hunt game birds, made under section 7(1) of the Prevention of Cruelty to Animals Act 1986 and published in the Government Gazette on 9 June 2005 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 95(b) | Code of Practice for the Welfare of Animals in Hunting (Revision Number 1), made under section 7(1) of the Prevention of Cruelty to Animals Act 1986 and published in the Government Gazette on 17 March 2005 | The whole |
| Regulations 120(2)(e)(i) and 122(1)(e)(i) | Code of Practice for the Welfare of Amphibians in Captivity, made under section 7(1) of the Prevention of Cruelty to Animals Act 1986 and published in the Government Gazette on 7 September 2006 | The whole |
| Regulations 120(2)(e)(ii) and 122(1)(e)(ii) | Code of Practice for the Housing of Caged Birds (Revision Number 1), made under section 7(1) of the Prevention of Cruelty to Animals Act 1986 and published in the Government Gazette on 6 May 1999 | The whole |
| Regulations 120(2)(e)(iii) and 122(1)(e)(iii) | Code of Practice for the Husbandry of Captive Emus (Victoria) (Revision 1), made under section 7(1) of the Prevention of Cruelty to Animals Act 1986 and published in the Government Gazette on 19 July 2007 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulations 120(2)(e)(iv) and 122(1)(e)(v) | Code of Practice for the Welfare of Animals—Private Keeping of Reptiles, made under section 7(1) of the Prevention of Cruelty to Animals Act 1986 and published in the Government Gazette on 30 October 2003 | The whole |
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