Wildlife Regulations 1999

I, the Governor in and over the State of Tasmania and its Dependencies

in the Commonwealth of Australia, acting with the advice of the

Executive Council, make the following regulations under the _National

Parks and Wildlife Act 1970_.

13 December 1999

G. S. M. GREEN

Governor

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

_PART 1 - Preliminary_

_1. Short title_

These regulations may be cited as the _Wildlife Regulations 1999_.

_2. Commencement_

These regulations take effect on 1 January 2000.

_3. Interpretation_

_(1)_ In these regulations, unless the contrary intention

appears -

_"Act"_ means the _Nature Conservation Act 2002_;

_"adult male deer"_ means an adult male deer with branching

antlers;

_(a)_ without antlers; and

_(b)_ a form of partly protected wildlife;

_"approved deer farm fence"_ means a fence that is approved by the

Secretary under regulation 34B(1);

_"Bass Strait islands"_ means the islands in Bass Strait that are

within the jurisdiction of the State;

_"brow tine"_ means the tine closest to a deer's brow;

_"buy"_ includes acquire for any consideration;

_"cage"_ includes any pen, aviary, enclosure and structure in, or

by means of, which wildlife is confined;

_"certified forest practices plan"_ means a certified forest

practices plan within the meaning of the _Forest Practices Act

1985_;

purpose of farming or public display;

_"deer farmer"_ means a person who owns, operates, manages or is in

day-to-day control of a deer farm;

_"display"_, in relation to wildlife, means the display, for

viewing by the public, of any wildlife held in captivity, other

than wildlife kept under -

_(a)_ a wildlife exhibition licence; or

_(b)_ a travelling wildlife exhibition permit;

_"farm deer"_ means an animal of the species European Fallow Deer

_(Dama dama dama)_ that -

_(a)_ is subject to the confines of a deer farm; or

_(b)_ is kept as a pet or part of a hobby herd; or

_(c)_ is taken from the wild under the authority of a permit for

the purpose of forming deer farm stock; or

_(d)_ was farmed under the _Animal Farming (Registration) Act 1994_

immediately before the day on which the _Wildlife Amendment (Deer

Farming) Regulations 2005_ took effect;

_"fee unit"_ means a fee unit within the meaning of the _Fee Units

Act 1997_;

_"female deer"_ means a female of any kind of deer which is partly

protected wildlife;

_"inspector"_ means a person appointed by the Secretary to exercise

the functions of an inspector under these regulations;

_"lead shot"_ means shot that is made of lead or any alloy

containing lead;

_"licence"_ means a licence issued under Part 2;

_"light"_ means any lamp or lantern or other device for providing

illumination;

_"open season"_, in relation to a form of partly protected

wildlife, means the season during which the taking of the form of

partly protected wildlife is permitted by order under section 30 of

the Act;

_"partly protected wildlife"_ means those forms of wildlife

described in Schedule 4;

_"permit"_ means a permit issued under Part 2;

_"pheasant"_ means a pheasant that is a form of partly protected

wildlife;

_"process of treatment"_, when used in relation to a skin, means

any process for tanning or otherwise preserving a skin;

_"protected wildlife"_ means those forms of wildlife described in

Schedules 2 and 3;

_"public authority management agreement"_ means a public authority

management agreement within the meaning of the _Threatened Species

Protection Act 1995_;

_"public land"_ means -

_(a)_ any land that is managed by a statutory authority if members

of the public have lawful access to the land; and

_(b)_ any Crown land that is subject to a lease if members of the

public have lawful access to the land;

_"restricted wildlife"_ means the forms of wildlife specified in

Schedule 6;

_"sell"_ means sell by wholesale or retail and includes -

_(a)_ offer, display or expose for sale; and

_(b)_ keep or have in possession for sale; and

_(c)_ barter or exchange; and

_(d)_ deal in or agree to sell; and

_(e)_ supply, send, forward or deliver for sale or for, or in

expectation of receiving, any payment or other consideration; and

_(f)_ authorise, cause, attempt or allow any act referred to in

paragraph (a), (b), (c), (d) or (e);

_"specially protected wildlife"_ means those forms of wildlife

described in Schedule 1;

_"stock"_ means -

_(a)_ goats, horses, oxen, sheep, swine, cervids and camelids; and

_(b)_ poultry of any kind; and

_(c)_ oysters, mussels, abalone, scallops and clams; and

_(d)_ fish of the family Salmonidae and goldfish;

_"travelling wildlife exhibition"_ means a travelling show in which

wildlife from a wildlife exhibition perform or are exhibited;

_"trez tine"_ means the first major tine after the brow tine;

_"wetland"_ means a marsh, mudflat or other expanse of land that

is, permanently, intermittently or cyclically, inundated with

water, whether -

_(a)_ the water is static or flowing; or

_(b)_ the water is fresh, brackish or salt; or

_(c)_ the inundation occurs as a result of a natural or artificial

process.

Family Anatidae that is a form of partly protected wildlife;

_"wildlife display permit"_ means a permit issued under regulation

47;

kept -

circus or similar show held in that place or elsewhere in the

State; or

_(b)_ in a wildlife park, fauna park, zoo or similar place, for the

purpose of public viewing, public entertainment or public

amusement, on payment of a fee or otherwise;

_"wildlife exhibition licence"_ means a licence issued and in force

under Part 4;

_"wildlife officer"_ means -

_(a)_ the Secretary; or

_(b)_ an inspector as defined in the _Animal Health Act 1995_; or

_(c)_ an authorised officer as defined in the _Nature Conservation

Act 2002_; or

_(d)_ a person employed in the Department who is appointed by the

Secretary to be a wildlife officer;

_"wildlife products"_ means the products from any wildlife.

_(2)_ For the purposes of these regulations, any products of

wildlife that have been canned or tinned or otherwise processed at

licensed game meat processing works, or licensed pet food works,

within the meaning of the _Meat Hygiene Act 1985_, are taken not to be

products of wildlife.

_(3)_ The animals specified in Schedule 5 are prescribed to be

restricted animals for the purposes of section 32 of the Act.

_(4)_ The animals specified in Schedule 7 are prescribed to be

domestic stock.

_(5)_ . . . . . . . .

_PART 2 - Regulation of taking and trading in wildlife and wildlife

products_

_Division 1 - Licences and permits_

_4. Effect of licences and permits_

A licence or permit may be issued for the purposes of this Part in

accordance with its provisions, but, except as is specifically

provided in these regulations, no such licence or permit authorises

the doing of any act contrary to the provisions of these regulations

or any other regulations under the Act.

_5. Persons to whom licences may be issued under this Part_

_(1)_ A licence to take wildlife specified in the first column

of Part 2, 3 or 4 of Schedule 9 may only be issued to an individual.

_(2)_ Except as provided by subregulation (1), a licence may be

issued to an individual, to 2 or more individuals jointly or to a body

corporate.

_5A. Persons to whom permits may be issued under this Part_

_(1)_ Subject to subregulation (2), a permit may be issued to an

individual, to 2 or more individuals jointly or to a body corporate.

_(2)_ A permit to take wildlife may not be issued to 2 or more

individuals jointly or to a body corporate, except for scientific or

educational purposes.

_(3)_ A permit to take wildlife for scientific or educational

purposes may authorise persons other than the permit holder to take

wildlife for those purposes if they do so at the direction and under

the close supervision of the permit holder.

_6. Licences and permits_

_(1)_ A licence specified in the first column of any Part of

Schedule 9 may be issued in accordance with this regulation,

authorising the holder to do such acts as are specified in the second

column of that Part in respect of that licence.

_(2)_ A licence may be issued by the Secretary or by some person

authorised by the Secretary to issue that licence.

_(3)_ Nothing in this regulation is to be construed as requiring

the Secretary to issue a licence or a permit.

_(4)_ A licence or permit issued under this Division may be

issued subject to conditions or restrictions relating to -

_(a)_ the manner in which an animal taken by the licence holder may

be identified; and

_(b)_ the affixing of a tag by the licence holder to an animal so

taken.

to comply with a condition or restriction to which the licence is

subject.

Penalty:

_(6)_ A licence is not to be issued contrary to any instructions

given by the Secretary and a licence issued contrary to any such

instructions is of no effect.

_(7)_ An application for a licence or an application for a

permit is to be accompanied by a written notification of all relevant

offences of which the applicant has been convicted within the period

of 5 years preceding the date on which the application is made.

_(8)_ If an applicant for a licence or a permit, within 5 years

before the date of the making of the application, has been convicted

of a relevant offence, the licence or permit is not to be issued

except with the approval of the Secretary.

_(9)_ A person who holds a licence or a permit must not make

application for another licence or permit of the same kind and any

licence or permit issued in pursuance of such an application is of no

effect.

Fine not exceeding 50 penalty units.

_(10)_ Any person issued with a licence or a permit that is of

no effect must surrender that licence or permit to the Secretary or an

authorised officer.

Penalty:

_(11)_ For the purposes of this regulation,

_"relevant offence"_ means an offence under the Act or these

regulations.

_7. Tag not to be removed_

_(1)_ Where a tag has been affixed to an animal in accordance

with this regulation, a person must not remove that tag unless

authorised to do so by the Secretary.

Penalty:

Fine not exceeding 50 penalty units.

_(2)_ A person must not interfere with, damage or deface a tag

affixed to an animal in accordance with this regulation.

Penalty:

Fine not exceeding 50 penalty units.

_8. Holder of licence or permit to provide return_

_(1)_ The secretary may direct the holder of a licence or permit

to provide the Secretary with a return, in a form approved by the

Secretary, giving such particulars as the Secretary specifies.

_(2)_ The holder of a licence or permit must comply with a

direction under subregulation (1) -

_(a)_ on or before the date specified in the direction; or

_(b)_ where no date is specified in the direction, within 28 days

after the end of the period for which the licence or permit is

issued.

Fine not exceeding 50 penalty units.

_9. Fee for licence_

_(1)_ Subject to subregulation (2), a licence is not to be

issued unless the fee set out for that licence in the third column of

Schedule 9 is paid to the Secretary or to the person by whom the

licence is issued.

_(2)_ Where the Minister in any special case so approves, a

licence may be issued without payment of the fee or on payment of a

lesser fee than that required by subregulation (1).

_10. Cancellation of licence_

The Secretary may, at any time, cancel a licence by serving a notice

in writing on the holder stating that the licence is cancelled and the

grounds on which it has been so cancelled, and on the service of that

notice the licence ceases to be of any effect and the holder must

surrender it to the Secretary.

_11. Permits for export_

_(1)_ The Secretary or a person authorised by the Secretary in

that behalf may issue a permit authorising the removal from the State

of any form of partly protected, protected or specially protected

wildlife, or the products of any such wildlife, specified in the

permit.

unless the following fee is paid to the Secretary or person issuing

the permit:

_(a)_ in the case of a permit that relates to living creatures -

_(i)_ 10 fee units; or

_(ii)_ 2 fee units for each creature -

whichever is the greater;

_(b)_ in any other case, 10 fee units.

_(3)_ Where the Secretary is satisfied that the removal from the

State of any partly protected, protected or specially protected

wildlife or the products of any such wildlife is required for some

scientific or educational purpose, the Secretary may issue a permit

under this regulation without payment of the fee referred to in

subregulation (2).

_12. Permits for taking specially protected, protected or partly

protected wildlife in special cases_

_(1)_ Where the Secretary is satisfied that it is necessary or

desirable so to do, the Secretary may issue a permit authorising the

person named in the permit or some person acting under the Secretary's

direction to take, have possession of, buy or sell or otherwise

dispose of, as may be specified in the permit, such specially

protected wildlife, protected wildlife or partly protected wildlife or

the products of such wildlife as may be specified in the permit.

_(2)_ The Secretary may require the payment of a fee for the

issue of a permit under subregulation (1).

_13. Permits for taking of wildlife to prevent injury to crops_

_(1)_ The Secretary or a person authorised by the Secretary in

that behalf may issue a permit authorising the taking of wildlife as

may be specified in the permit if satisfied that it is proper to do so

to prevent the destruction of, or injury to, any stock or plants

caused by that wildlife.

_(2)_ A permit issued under this regulation may authorise the

possession or selling or other disposal of the wildlife taken under

the authority of the permit or the products of any such wildlife.

_(3)_ The Secretary may require the payment of a fee approved by

the Minister for the issue of a permit under subregulation (1).

_13A. Permits to use devices to deter seals_

_(1)_ A person must not use a device to deter a seal from

interfering with fish farming or another fishing activity unless the

person is authorised to do so by a permit.

Penalty:

Fine not exceeding 50 penalty units.

_(2)_ The Secretary may issue a permit authorising the use of a

device that deters seals from interfering with fish farming or another

fishing activity if the Secretary is satisfied that -

_(a)_ the use of the device is necessary to ensure the viability of

that fish farming or other fishing activity; and

_(b)_ the applicant has a sufficient commercial connection with the

fish farming or other fishing activity; and

_(c)_ the user of the device has had adequate instructions and

training in the safe and effective use of the device.

_(3)_ The Secretary may require the payment of a fee approved by

the Minister for the issue of a permit under subregulation (2).

_(4)_ Without prejudice to the generality of regulation 14(1), a

permit issued under this regulation may do either or both of the

following:

_(a)_ specify the circumstances or ways in which a device may be

used;

_(5)_ In this regulation -

_"device"_ means a device that -

_(a)_ is designed to, or has the capability to, deter seals from

entering or remaining in a particular area of water; and

_(b)_ involves the use of explosives or the discharge of a

projectile or the use of a chemical substance.

_14. General effect of permits_

_(1)_ A permit may specify the circumstances in which or the

conditions subject to which the authority granted by the permit may be

exercised.

_(2)_ Without prejudice to the generality of subregulation (1),

the circumstances and conditions may relate to all or any of the

following matters:

_(a)_ the time at which, the period within which or the place at

which the authority may be exercised;

_(b)_ the manner in which it may or may not be exercised;

_(c)_ the precautions to be observed in the exercise of the

authority;

_(d)_ the person by whom any act authorised by the permit is to be

done, or the supervision or control under which any such act is to

be done;

wildlife products taken under the authority of the permit;

_(f)_ the records to be kept or notifications to be given in

relation to the exercise of the authority.

_(3)_ A person to whom a permit is issued under this Part must

ensure that the conditions under which the authority granted by the

permit may be exercised are complied with.

Penalty:

_Division 2 - Taking, and trading in, wildlife and wildlife products_

_15. Prohibition on taking specially protected wildlife_

_(1)_ Except as may be authorised by a permit, a person must not

take, buy, sell or have possession of any form of specially protected

wildlife or the products of such wildlife.

Penalty:

Fine not exceeding 100 penalty units.

_(2)_ Subregulation (1) does not apply to the having possession

of specially protected wildlife that is kept by the holder of a

wildlife exhibition licence pursuant to that licence.

_(3)_ Also, subregulation (1) does not apply to the taking of

specially protected wildlife by -

_(a)_ a person undertaking the clearance of native vegetation or

the harvesting of trees in accordance with a certified forest

practices plan or a public authority management agreement, unless

the Secretary, by notice in writing, requires the person to obtain

a permit; or

_(b)_ a person undertaking dam works in accordance with a dam

permit granted under the _Water Management Act 1999_ after the

commencement of Part 3 of the _Dam Works Legislation (Miscellaneous

Amendments) Act 2007_.

_16. Taking protected wildlife_

_(1)_ Except as may be authorised by a permit, a person must not

take, buy, sell or have possession of any form of protected wildlife

or the products of such wildlife.

Penalty:

Fine not exceeding 100 penalty units.

_(2)_ Subregulation (1) does not apply to -

_(a)_ the buying, selling or having possession of a form of

wildlife described in Schedule 3 or a product of that form of

wildlife; or

_(b)_ the having possession of protected wildlife that is kept by

the holder of a wildlife exhibition licence pursuant to that

licence; or

_(c)_ the having possession of a product of a form of wildlife

referred to in paragraph (b) that is kept as provided in that

paragraph; or

_(d)_ the taking of a snake which a person reasonably believes may

threaten the life of a person or a domestic animal; or

_(e)_ the taking of, or having possession of, amphibian eggs or

tadpoles; or

_(f)_ the taking of, or having possession of, up to 6 adult

specimens each of metallic skink, spotted skink, common froglet and

brown tree frog.

_(3)_ Also, subregulation (1) does not apply to the taking of

protected wildlife by -

_(a)_ a person undertaking the clearance of native vegetation or

the harvesting of trees in accordance with a certified forest

practices plan or a public authority management agreement, unless

the Secretary, by notice in writing, requires the person to obtain

a permit; or

_(b)_ a person undertaking dam works in accordance with a dam

permit granted under the _Water Management Act 1999_ after the

commencement of Part 3 of the _Dam Works Legislation (Miscellaneous

Amendments) Act 2007_.

_17. Partly protected wildlife_

_(1)_ A person must not take any form of partly protected

wildlife described in Schedule 4 or any product of such wildlife

unless that person is authorised to do so by a licence or permit.

Penalty:

Fine not exceeding 50 penalty units.

_(2)_ A person must not take a form of partly protected wildlife

or any product of that form of partly protected wildlife other than

during an open season for that form of partly protected wildlife

unless that person is authorised to do so by a permit.

Penalty:

Fine not exceeding 50 penalty units.

_(2A)_ Subregulations (1) and (2) do not apply to the taking of

partly protected wildlife by -

_(a)_ a person undertaking the clearance of native vegetation or

the harvesting of trees in accordance with a certified forest

practices plan or a public authority management agreement, unless

the Secretary, by notice in writing, requires the person to obtain

a permit; or

_(b)_ a person undertaking dam works in accordance with a dam

permit granted under the _Water Management Act 1999_ after the

commencement of Part 3 of the _Dam Works Legislation (Miscellaneous

Amendments) Act 2007_.

_(3)_ A person must not sell any product of any form of partly

protected wildlife unless that person is authorised to do so by a

licence or permit.

Penalty:

Fine not exceeding 100 penalty units.