Wildlife Variation Regulations 2003 (SA)
South Australia
Wildlife Variation Regulations 2003
under the National Parks and Wildlife Act 1972
Contents
Part 1—Preliminary
Short title
Commencement
Variation provisions
Part 2—Variation of Wildlife Regulations 2001 (Gazette 23.8.2001 p 3329) as varied
Substitution of regulation 1
1Short title
Variation of regulation 4—Interpretation
Variation of regulation 9—Records and returns in relation to sections 58 and 60C permits
Insertion of regulations 9A and 9B
9ADirector to supply record books, returns etc
9BElectronic form of record books, returns etc
Variation of regulation 13—Purchase etc only from permit holder
Variation of regulation 17—Exporting protected animals, carcasses and eggs
Variation of regulation 20—Conditions of emu farming permits
Revocation of regulation 26
Substitution of Schedule 1
Substitution of Schedule 3
Variation of Schedule 4—Information required in returns provided under regulation 9(2)
Variation of Schedule 5—Times for provision of returns in relation to sections 58 and 60C permits
Variation of Schedule 6
Substitution of Schedule 9
Schedule 1—Substitution of Schedule 1 of Wildlife Regulations 2001
Schedule 1—Fees
Schedule 2—Substitution of Schedule 3 of Wildlife Regulations 2001
Schedule 3—Classes of permits
1Reference to classes of permits
2Classes of permits
Schedule 3—Substitution of Schedule 9 of Wildlife Regulations 2001
Schedule 9—Royalty
Part 1—Preliminary
1—Short title
These regulations may be cited as the Wildlife Variation Regulations 2003.
2—Commencement
These regulations will come into operation on 1 July 2003.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Wildlife Regulations 2001 (Gazette 23.8.2001 p 3329) as varied
4—Substitution of regulation 1
Regulation 1—delete the regulation and substitute:
1—Short title
These regulations may be cited as the National Parks and Wildlife (Wildlife) Regulations 2001.
5—Variation of regulation 4—Interpretation
Regulation 4(1)—after the definition of the Act insert:
commercial harvesting authority has the same meaning as in the National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003;
kangaroo field processor, kangaroo meat processor and kangaroo skin tanner have the same meaning as in the National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003;
personal use of a kangaroo that has been taken has the same meaning as in the National Parks and Wildlife (Kangaroo Harvesting) Regulations 2003;
Regulation 4(1)—after the definition of "section 60C permit" insert:
section 60J permit means a permit granted under section 60J of the Act;
Regulation 4(2)—delete subregulation (2) and substitute:
(2)A reference in these regulations to a class of permit is a reference to a permit of that class described in Schedule 3.
6—Variation of regulation 9—Records and returns in relation to sections 58 and 60C permits
Regulation 9(1)—delete "class 1, 2, 3" and substitute:
class 1, 1A, 2, 3, 3A
Regulation 9(7)(a)—delete "class 1, 3" and substitute:
class 1, 1A, 3, 3A
Regulation 9(7)(b)—delete "4, 5 or"
Regulation 9(11)—delete "the record book or books and the return book or copies of individual returns that are" and substitute:
any record book, return book or individual return under his or her custody or control that is
Regulation 9(12)—delete subregulation (12)
7—Insertion of regulations 9A and 9B
After regulation 9 insert:
9A—Director to supply record books, returns etc
(1)Where a person, as a consequence of the grant of a permit, is required by or under the Act to record information in a record book, return book or return supplied by the Director, the Director must supply the necessary book or individual return forms (as appropriate) to that person on the grant of the permit.
(2)If further books are required by the permit holder as the result of the loss of those provided or because animals are required to be kept in more than one place, the Director may require the payment of the fee in Schedule 1 for the supply of each additional book.
9B—Electronic form of record books, returns etc
Where a person is required by these regulations to record information in a record book, return book or return, and the Director authorises the book or return to be kept in electronic form or provided to the Director by means of an electronic communication—
(a)a reference in these regulations to a record book, return book or return includes a reference to the book or return in that electronic form; and
(b)a reference in these regulations to the provision or submission of a record book, return book or return to the Director includes a reference to provision or submission by means of that authorised electronic communication; and
(c)a reference in these regulations to the supply by the Director of a record book, return book or return includes a reference to the supply by the Director of a template or other structure for that electronic form of the book or return; and
(d)a reference in these regulations to the production of a record book, return book or return at the request of a warder, or to a court at the request of the Director or a warder, means production in the form (electronic or printed) requested.
8—Variation of regulation 13—Purchase etc only from permit holder
Regulation 13(1)—delete "if that person does not hold the required permit" and substitute:
if that person—
(a)does not hold the required permit; or
(b)does not hold any additional written authorisation from the Director for the sale or gift that he or she is required to hold as a condition of the permit.
Regulation 13(2)—after "produce the permit" insert:
(and any other document that he or she is required to hold under subregulation (1))
9—Variation of regulation 17—Exporting protected animals, carcasses and eggs
Regulation 17(2)—delete "class 1, 2, 3" and substitute:
class 1, 1A, 2, 3, 3A
10—Variation of regulation 20—Conditions of emu farming permits
Regulation 20(3)—delete subregulation (3)
11—Revocation of regulation 26
Regulation 26—delete the regulation
12—Substitution of Schedule 1
Schedule 1—delete the Schedule and substitute the Schedule in Schedule 1 of these regulations
13—Substitution of Schedule 3
Schedule 3—delete the Schedule and substitute the Schedule in Schedule 2 of these regulations
14—Variation of Schedule 4—Information required in returns provided under regulation 9(2)
Schedule 4—delete the item relating to permit classes 4 and 5 and substitute:
1A and 3A
Period of return
Name and address
Permit number
Date of return
Common name of species
Species code
Stock at beginning of period
Breeding results
Imports
Receipts (including gifts and other sources)
Escapes and deaths
Exports
Other disposals
Stock on hand
Schedule 4—delete the item relating to permit class 7 and substitute:
7
(Kangaroo meat processor)
Month and year to which return relates
Kangaroo meat processor's permit number
Name of meat processor
Address of processing works
Date of purchases
Kangaroo field processor's/supplier's permit number
Name of field processor/supplier
Property where kangaroos taken
Commercial harvesting authority number
Number of red kangaroo carcasses
Number of western grey kangaroo carcasses
Number of euro carcasses
Total weight (kg) for kangaroos received
Date received for any imports
Import permit number
Name of supplier
Description of imported goods
Quantity imported (kg)
Date any exports dispatched
Export permit number
Name of recipient
Quantity exported (kg)
Date dispatched for local sales (skins, carcasses)
Recipient's name
Recipient's permit number
Description of goods (skins, carcasses) sold locally
Quantity sold (kg).
Schedule 4—delete the item relating to permit class 8 and substitute:
8
(Kangaroo skin tanner)
Month and year to which return relates
Kangaroo skin tanner's permit number
Name of tanner
Address of tannery
Date of purchases
Supplier's name
Supplier's permit number
Number of kangaroo skins
Date received for any imports
Import permit number
Date of sales
Recipient's name and address
Export permit number.
15—Variation of Schedule 5—Times for provision of returns in relation to sections 58 and 60C permits
Schedule 5, table, item relating to Class 1 permit—delete "Class 1" and substitute:
Classes 1 and 1A
Schedule 5, table, item relating to Class 3 permit—delete "Class 3" and substitute:
Classes 3 and 3A
Schedule 5, table, item relating to permit classes 4 and 5—delete the item
16—Variation of Schedule 6
Schedule 6—delete the heading "Schedule 6" and substitute:
Schedule 6—Prescribed species: section 58(1)(a) and definition of Class 1 permit
17—Substitution of Schedule 9
Schedule 9—delete the Schedule and substitute the Schedule in Schedule 3 of these regulations
Schedule 1—Substitution of Schedule 1 of Wildlife Regulations 2001
Schedule 1—Fees
1.
On application for a take permit under section 53(1)(d)
$35.25
2.
On application for the following permits under section 58, section 60C or section 60J of the Act:
Permits
Fee for a period of 1, 3 or 5 years (a period of less than 1 year but more than 6 months will be taken to be 1 year) ending on 30 June
Fee for a period of 6 months or less ending 30 June
Keep and sell permits under section 58
Class 1
$51.50 per year
$28.25
Class 1A
Nil
Nil
Class 2 (Schedule 6 animals only)
$779.00 per year
$429.00
Class 2 (Schedule 6 and specialist animals)
$1 115.00 per year
$611.00
Class 3
$90.00 per year
$49.25
Class 3A
Nil
Nil
Class 7
$1 442.00 per year
$793.00
Class 8
$721.00 per year
$396.00
Class 10
Nil
Nil
Class 11
$26.50 per year
$14.40
Conversion of keep and sell permits
conversion from class 1 to class 3
$33.50
$18.20
conversion from class 2 (Schedule 6 animals only) to class 2 (Schedule 6 and specialist animals)
$335.00
$183.00
Farming permits under section 60C
Class 12 (Emus)
$308.00
$169.00
plus, for each additional property to which permit applies
$124.00
$68.00
Harvesting permits under section 60J
Class 13 (Kangaroos)
$361.00 per year
$198.00
Class 14 (Kangaroos)
$720.00 per year
$396.00
3.
On application for an additional record or return book under regulation 9A(2)
$8.30
4.
On application for approval of premises under regulation 10 or 11
$153.00
5.
Additional fee payable on application for a permit if the permit is to be issued in the form of a plastic card
$7.60
Schedule 2—Substitution of Schedule 3 of Wildlife Regulations 2001
Schedule 3—Classes of permits
1—Reference to classes of permits
Permits described in the left hand column of the table in clause 2 will be referred to as permits of the class specified in the right hand column opposite that description.
2—Classes of permits
Permits issued under section 58, 60C or 60J of the Act:
Description
Class
A section 58 permit that entitles the holder (being a person who does not carry on the business of dealing in protected animals) to keep two or more of the animals of the species listed in Schedule 6 or to sell or give one or more of the animals of the species listed in Schedule 6
Class 1
A section 58 permit that entitles the holder (being a person who does not carry on the business of dealing in protected animals) to keep two or more of the animals of the species listed in Schedule 6 that have been rescued as sick, injured or orphaned animals and, if authorised in writing by the Director, to give one or more of the animals
Class 1A
A section 58 permit that entitles the holder in the course of carrying on the business of dealing in protected animals to keep and sell—
(a) animals of the species listed in Schedule 6; and
(b) specialist animals identified in the permit by reference to the species or other class to which they belong
Class 2
A section 58 permit that entitles the holder (being a person who does not carry on the business of dealing in protected animals) to keep, sell or give specialist animals identified in the permit by reference to the species or other class to which they belong
Class 3
A section 58 permit that entitles the holder (being a person who does not carry on the business of dealing in protected animals) to keep specialist animals identified in the permit by reference to the species or other class to which they belong that have been rescued as sick, injured or orphaned animals and, if authorised in writing by the Director, to give the animals
Class 3A
A section 58 permit that entitles the holder to sell carcasses and parts of carcasses of kangaroos after processing
Class 7
A section 58 permit that entitles the holder to sell skins of kangaroos or any other protected animal after tanning
Class 8
A section 58 permit that entitles the holder to have possession or control of eggs of a protected animal
Class 10
A section 58 permit that entitles the holder to have possession or control of, and to sell or give, eggs of a protected animal
Class 11
A section 60C permit that entitles the holder (subject to any limitations, restrictions or conditions)—
(a) to take an emu, or the eggs of an emu, from the wild or to slaughter or destroy in any other manner an emu in captivity; or
(b) to keep an emu or to have possession or control of the eggs of an emu; or
(c) to sell an emu or the carcass or eggs of an emu,
in the course of carrying on the business of farming emus
Class 12
A section 60J permit that entitles the holder (subject to any limitations, restrictions or conditions) to harvest kangaroos on land owned by the holder, or by a member of the family or the employer of the holder, and to sell or use the carcasses of the kangaroos that have been harvested
Class 13
A section 60J permit that entitles the holder (subject to any limitations, restrictions or conditions) to harvest kangaroos on land other than (or in addition to) land owned by the holder, or by a member of the family or the employer of the holder, and to sell or use the carcasses of the kangaroos that have been harvested
Class 14
Schedule 3—Substitution of Schedule 9 of Wildlife Regulations 2001
Schedule 9—Royalty
Amount of royalty
1.
An animal taken in accordance with a notice under section 52 of the Act or pursuant to a permit granted under section 53(1)(a), (b) or (d) of the Act, being—
(a) an animal of an endangered species
$216.00
(b) an animal of a vulnerable species
$108.00
(c) an animal of a rare species
$54.00
(d) an animal of any other species of protected animal
$27.00
2.
A kangaroo taken for personal use pursuant to a permit granted under section 53(1)(c) of the Act
$1.10
3.
An animal taken pursuant to a permit granted under section 60J of the Act
$1.10
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 29 May 2003
No 113 of 2003
EC 03/0033 CS EC 03/0045 CS EC 03/0021 CS
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