Wildlife Regulations 1999

of the Secretary in respect of which the appeal is brought during

the period between the giving of that decision and the

determination of the appeal.

_(6)_ The decision of the Supreme Court on the hearing of an

appeal under this regulation is final.

_44. Power of authorised officers to seize wildlife_

An authorised officer may seize -

_(a)_ any wildlife that the authorised officer considers to be

distressed and that the authorised officer finds in a place in

which wildlife is kept pursuant to a wildlife exhibition licence;

or

_(b)_ any wildlife that the authorised officer finds in such a

infected with disease or is liable to disseminate disease.

_45. Offences_

_(1)_ A person other than the holder of a wildlife exhibition

licence must not -

_(a)_ cause or permit any wildlife to escape from the place in

which it is kept under such a licence; or

_(b)_ release or cause or permit any wildlife to be released from

that place, unless the person does so with the written approval of

the Secretary given to the holder of the licence.

Penalty:

Fine not exceeding 50 penalty units.

_(2)_ A person must not interfere with a fence, gate, cage,

building or other structure or with any equipment so as to cause or

permit any wildlife to escape -

_(a)_ from confinement in a place in which it is kept under a

wildlife exhibition licence; or

_(b)_ from such a place.

_(3)_ A person must not take any wildlife in a place in which

it is kept under a wildlife exhibition licence.

Penalty:

Fine not exceeding 50 penalty units.

_(4)_ Notwithstanding subregulation (3), the holder of a

wildlife exhibition licence may, for the purposes of good

husbandry, take or cause or permit to be taken any wildlife in a

place in which it is kept under the licence.

_46. Permits for travelling wildlife exhibitions_

_(1)_ A person must not conduct a travelling wildlife

exhibition unless the person holds a permit authorising the person

to conduct that exhibition.

Penalty:

Fine not exceeding 50 penalty units.

_(2)_ The Secretary may, on receipt of an application in

writing by a body corporate, by an individual or by 2 or more

individuals jointly, issue a travelling wildlife exhibition permit

to the applicant or applicants.

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

requiring the Secretary to issue a travelling wildlife exhibition

permit.

_(4)_ A travelling wildlife exhibition permit -

wildlife exhibition with the wildlife specified in the permit; and

_(b)_ is subject to any terms that the Secretary determines and as

are specified in the permit.

_(5)_ Without limiting the generality of

subregulation (4)(b), the terms to which a travelling wildlife

exhibition permit may be subject include terms relating to -

_(a)_ the provision of food and water for the wildlife kept in

connection with the conduct of the travelling wildlife exhibition

to which the permit applies; and

_(b)_ the amount of space to be provided for the species or type of

wildlife so kept, or for individual members of that species or

type; and

_(c)_ the kind of shelter to be provided for the species or type of

wildlife so kept, or for individual members of that species or

type; and

_(d)_ the separation of differing species or types of wildlife so

kept or of the individual members of those differing species or

types; and

_(e)_ the sale or other disposal of any wildlife so kept.

_(6)_ The holder of a travelling wildlife exhibition permit

must ensure that any terms to which the permit is subject are

complied with or, as the case requires, are not contravened.

_(7)_ A person must not -

_(a)_ cause or permit any wildlife kept in connection with the

conduct of a travelling wildlife exhibition to escape from the

place where the exhibition is being held; or

_(b)_ interfere with a fence, gate, cage, building or other

structure or with any equipment so as to cause or permit any

wildlife to escape -

_(i)_ from confinement in a place where the exhibition is being

held; or

Penalty:

_(8)_ Where the holder of a travelling wildlife exhibition

permit -

_(a)_ contravenes or fails to comply with a term to which the

permit is subject; or

_(b)_ is convicted of an offence under the Act -

the Secretary may cancel the permit by serving a written notice on

the holder stating that the permit is cancelled and specifying the

grounds on which it is cancelled.

_(9)_ On the service of a notice under subregulation (8) on

the holder of a travelling wildlife exhibition permit, the permit

ceases to have effect and the holder of the permit is to surrender

it to the Secretary.

_47. Permit for display of wildlife_

_(1)_ A person, unless authorised to do so by a permit, must

not -

_(b)_ have in possession any wildlife for the purpose of display.

Penalty:

Fine not exceeding 50 penalty units.

_(2)_ A person may apply to the Secretary for a wildlife

display permit.

_(3)_ An application for a permit is to be -

_(a)_ in writing; and

_(b)_ accompanied by a fee of 20 fee units.

_(4)_ The Secretary may -

_(a)_ grant the application; or

_(b)_ refuse to grant the application.

_(5)_ If the Secretary grants the application, the Secretary

is to issue a permit.

_48. Terms of wildlife display permit_

_(1)_ A wildlife display permit may be granted subject to all

or any of the following terms as specified in the permit:

_(a)_ that secure enclosures for the confinement of wildlife are

provided;

_(b)_ that wildlife is not released or allowed to escape from an

enclosure;

_(c)_ that any wildlife that is diseased or suffering from any

wound is not displayed;

_(d)_ that wildlife is not handled by the public;

_(e)_ that wildlife is not subject to stress;

_(f)_ that wildlife is provided with food and water;

_(g)_ that, during the transporting of wildlife, wildlife -

_(i)_ in not subjected to excessive noise, exhaust fumes, heat or

cold; and

_(ii)_ is provided with adequate ventilation;

_(h)_ that while wildlife is not on display, it is kept in

appropriate enclosures that allow sufficient space for exercise;

_(i)_ that any directions given by an authorised officer are

complied with.

_(2)_ The holder of a wildlife display permit must not fail

to comply with any term specified in the permit.

Penalty:

Fine not exceeding 50 penalty units.

_49. Duration and renewal of wildlife display permit_

_(1)_ A wildlife display permit is in force for the period,

not exceeding 12 months, specified in the permit.

_(2)_ The holder of a wildlife display permit, at any time

within the period of one month before the permit ceases to be in

force, may apply to the Secretary to renew the permit.

_(3)_ An application to renew a permit is to be -

_(a)_ in writing; and

_(b)_ accompanied by a fee of 20 fee units.

_(4)_ The Secretary may -

_(a)_ grant the application; or

_(b)_ refuse to grant the application.

_(5)_ The Secretary must grant the application unless the

Secretary is satisfied that grounds exist for the cancellation or

suspension of the permit.

_(6)_ If the Secretary refuses to grant the application, the

Secretary, by notice in writing served on the holder of the permit,

is to notify the holder of that refusal.

_(7)_ A notice is to specify the grounds on which the

Secretary refuses to grant the application.

_50. Cancellation of wildlife display permit_

_(1)_ The Secretary, by notice in writing served on the

holder of a wildlife display permit, may cancel the permit on any

of the following grounds:

_(a)_ that the holder of the permit has contravened or failed to

comply with any term specified in the permit;

_(b)_ that the holder of the permit has been convicted of an

offence under the Act or these regulations.

_(2)_ A notice is to specify the grounds on which the permit

is cancelled.

_(3)_ On the service of a notice -

_(a)_ the permit ceases to have effect; and

_(b)_ the holder of the permit must surrender the permit to the

Secretary.

_51. Suspension of wildlife display permit_

_(1)_ The Secretary, by notice in writing served on the

holder of a wildlife display permit, may suspend the permit on any

grounds specified in regulation 50 if satisfied that -

_(a)_ those grounds are not so serious as to warrant cancellation

of the permit; or

_(b)_ the holder of the permit is able to comply with any term

specified in the permit within a reasonable time.

_(2)_ A notice is to specify the grounds on which a permit is

suspended.

_(3)_ The Secretary may suspend a permit -

_(a)_ for the period specified in the notice; and

_(b)_ subject to any conditions specified in the notice.

_(4)_ If a permit is suspended subject to any conditions, the

holder of the permit must not contravene or fail to comply with any

of those conditions.

Penalty:

Fine not exceeding 50 penalty units.

_52. Surrender of wildlife display permit_

_(1)_ The holder of a wildlife display permit, by notice in

writing to the Secretary, may surrender the permit.

_(2)_ A permit ceases to have effect -

_(a)_ on the date specified in the notice; or

_(b)_ if a date is not specified, on the date of receipt of the

notice.

_53. Appeals in respect of wildlife display permit_

the Supreme Court against -

_(a)_ the refusal of the Secretary to grant an application to renew

the permit; or

_(b)_ the cancellation or suspension of the permit.

_(2)_ An appeal is to be brought within one month after the

holder of the permit is served with a relevant notice.

_(3)_ The Supreme Court may -

_(a)_ dismiss the appeal; or

_(b)_ quash the decision of the Secretary and order the Secretary

to -

_(i)_ grant the application to renew the permit; or

_(4)_ The Secretary must give effect to any order given under

subregulation (3).

_(5)_ The decision of the Supreme Court on the hearing of an

appeal does not prejudice or affect the operation of the decision

of the Secretary in respect of which the appeal is brought during

the period between the giving of that decision and the

determination of the appeal.

_(6)_ The decision of the Supreme Court on the hearing of the

appeal is final.

_PART 5 - Miscellaneous_

_54. Interpretation of Part 5_

In this Part,

_"permit"_ includes a permit under regulations 46 and 47.

_55. Misrepresentations as to licences_

_(1)_ A person must not produce to an authorised officer any

document that is, or purports to be, a licence with the intention

of falsely representing to that officer that the person or a body

corporate is the holder of that licence.

Penalty:

_(2)_ A person must not, with intention to deceive, produce

to an authorised officer any licence that has been altered in a

material respect or any document that resembles a licence.

Penalty:

Fine not exceeding 50 penalty units.

_(3)_ A person must not issue a licence containing a false

statement of the day on which or the period for which it is issued.

Penalty:

Fine not exceeding 50 penalty units.

_(4)_ The holder of a licence must not lend the licence to

another person, or cause or permit that licence to be used in a

manner calculated to deceive an authorised officer.

Penalty:

_(5)_ A person must not produce the licence of another person

to an authorised officer.

Penalty:

_(6)_ A person must not falsely represent to an authorised

officer that -

_(a)_ the first-mentioned person is the holder of a licence in the

first-mentioned person's own right or jointly with another person

or other persons; or

_(b)_ a body corporate is the holder of a licence.

Penalty:

_(7)_ In this regulation,

_"licence"_ includes a wildlife exhibition licence and a permit.

_56. False or misleading statements in applications_

A person must not, in an application for a licence, wildlife

exhibition licence or permit, state anything which the person knows

to be false or misleading in a material particular.

Penalty:

_57. Prescribed offences_

For the purposes of Part 7 of the Act -

_(a)_ an offence against a regulation specified in Column 2 of

Schedule 11 is a prescribed offence; and

_(b)_ the penalty specified in Column 3 of that Schedule opposite

the regulation is the penalty applicable to that offence.

_SCHEDULE 1 - Specially protected wildlife_

Regulation 3(1)

_Invertebrates_

_Order_

_Common Name_

Cyclophyllidea

tapeworm

_Dasyurotaenia robusta_

Oligochaeta

Lake Pedder Earthworm

_Diporochaeta pedderensis_

Giant Gippsland Earthworm

_Megascolides australis_

Onychophora

Northwest Peripatus

_Ooperipatellus_ 'cryptus'

Blind Velvet Worm

_Tasmanipatus anophthalmus_

Onychophora

Giant Velvet Worm

_Tasmanipatus barretti_

Opiliones

cave harvestman

_Hickmanoxyomma cavaticum_

Ida Bay Cave Harvestman

_Hickmanoxyomma gibbergunyar_

Pseudoscorpionida

pseudoscorpion

_Pseudotyrannochthonius typhlus_

Araneae

_Migas plomleyi_

Little Six-eyed Spider

_Olgania excavata_

Nectiopodia

remepide crustacean

_Lasionectes exleyi_

Syncarida

Hickman's Pigmy Mountain Shrimp

_Allanaspides hickmani_

Isopoda

Flinders Island Cave Slater

isopod

isopod

isopod

isopod

isopod

isopod

Amphipoda

amphipod

_Tasniphargus tyleri_

Decapoda

Giant Freshwater Crayfish

_Astacopsis gouldi_

Mt. Arthur Burrowing Crayfish

_Engaeus orramakunna_

Scottsdale Burrowing Crayfish

_Engaeus spinicaudatus_

Burnie Burrowing Crayfish

_Engaeus yabbimunna_

Orthoptera

Kiernan's Cave Cricket

_Micropathus kiernani_

Ranga Cave Cricket

_Parvotettix rangaensis_

Schayer's Grasshopper

_Schayera baiulus_

Coleoptera

carab beetle

_Catadromus lacordairei_

cave beetles

_Goedetrechus _spp.

Bornemissza's Stag Beetle

_Hoplogonus bornemisszai_

Simson's Stag Beetle

_Hoplogonus simsoni_

Vanderschoor's Stag Beetle

_Hoplogonus vanderschoori_

cave beetles

_Idacarabus_ spp.

Broad-toothed Stag Beetle

_Lissotes latidens_

Mt. Mangana Stag Beetle

_Lissotes menalcas_

Cockerill's Cave Beetle

_Tasmanotrechus cockerilli_

Lepidoptera

Chevron Looper Moth

_Amelora acontistica_

Chaostola Skipper

_Antipodia chaostola_

Saltmarsh Looper Moth

_Dasybela achroa_

Pencil Pine Moth

_Dirce aesiodora_

Broad-striped Ghost Moth

_Fraus latistria_

Ptunarra Brown Butterfly

_Oreixenica ptunarra_

Bathurst Copper Butterfly

_Paralucia spinifera_

Trichoptera

caddis-fly

_Diplectrona lyella_

caddis-fly

_Ecnomina vega_

caddis-fly

_Hydrobiosella armata_

caddis-fly

_Hydrobiosella saggita_

caddis-fly

_Hydroptila scamandra_

caddis-fly

_Leptocerus souta_

caddis-fly

_Oecetis gilva_

Spotted Microcaddis-fly

_Orphninotrichia maculata_

caddis-fly

_Orthotrichia adornata_

Miena Microcaddis-fly

_Oxyethira mienica_

caddis-fly

_Ramiheithrus kocinus_

caddis-fly

_Stenopsychodes lineata_

caddis-fly

_Tasimia drepana_

McCubbins Caddis Fly

_Taskiria mccubbini_

Lake Pedder Caddis Fly

_Taskiropsyche lacustris_

Mesogastropoda

freshwater snails

_Beddomeia _spp.

freshwater snails

_Phrantela _spp.

Basommatophora

Great Lake Snail

_Glacidorbis pawpela_

Stylommatophora

Southern Hairy Red Snail

_Austrochloritis victoriae_

Skemps Snail

_Charopidae _"Skemps"

Burgundy Snail

_Helicarion rubicundus_

snail

_Miselaoma weldii_

_Pasmaditta jungermanniae_

snail

_Roblinella agnewi_

_Tasmaphena lamproides_

_Amphibians_

_Family_

_Species_

Myobatrachidae (Leptodactylidae)

White-bellied Frog

_Geocrinia alba_

Orange-bellied Frog

_Geocrinia vitellina_

Giant Burrowing Frog

_Heleioporus australiacus_

Stuttering Frog

_Mixophyes balbus_

Fleay's Frog

_Mixophyes fleayi_

Southern Barred Frog

_Mixophyes iteratus_

Baw Baw Frog

_Philoria frosti_

Southern Corroboree Frog

_Pseudophryne corroboree_

Magnificent Brood Frog

_Pseudophryne covacevichae_

Northern Corroboree Frog

_Pseudophryne pengilleyi_

Sunset Frog

_Spicospina flammocaerulea_

Eungella Day Frog

_Taudactylus eungellensis_

Kroombit Tinker Frog

_Taudactylus pleione_

Tinkling Frog

_Taudactylus rheophilus_

Hylidae

_Litoria aurea_

Yellow-spotted Tree Frog

_Litoria castanea_

Littlejohn's Tree Frog

_Litoria littlejohni_

Armoured Mistfrog

_Litoria lorica_

Waterfall Frog

_Litoria nannotis_

Mountain Mistfrog

_Litoria nyakalensis_

Wallum Sedge Frog

_Litoria olongburensis_

Peppered Tree Frog

_Litoria piperata_

Green and Gold Frog

_Litoria raniformis_

Common Mistfrog

_Litoria rheocola_

Spotted Tree Frog

_Litoria spenceri_

Alpine Tree Frog

_Litoria verreauxii alpina_

Lace-eyed Tree Frog

_Nyctimystes dayi_

_Reptiles_

_Family_

_Species_

Chelidae

Namoi River Elseya (Namoi R., NSW)

_Elseya _nov. sp.

Gulf Snapping Turtle

_Elusor lavarackorum_

Mary River Tortoise

_Elusor macrurus_

Bellinger River Emydura

_Emydura signata_

Western Swamp Tortoise

_Pseudemydura umbrina_

Fitzroy Tortoise

_Rheodytes leukops_

Cheloniidae

Loggerhead Turtle

_Caretta caretta_

Green Turtle

_Chelonia mydas_

Hawksbill Turtle

_Eretmochelys imbricata_

Pacific Ridley

_Lepidochelys olivacea_

Flatback Turtle

_Natator depressus_

Dermochelyidae

Leathery (or Luth) Turtle

_Dermochelys coriacea_

Gekkonidae

Lord Howe Island Gecko

_Christinus guentheri_

Christmas Island Gecko

_Lepidodactylus listeri_

Pernatty Knob-tail

_Nephrurus deleani_

Border Thick-tailed Gecko

_Underwoodisaurus sphyrurus_

Pygopodidae

Pink-tailed Legless Lizard

_Aprasia parapulchella_

Flinders Ranges Worm-lizard

_Aprasia pseudopulchella_

Hermite Island Worm-lizard

_Aprasia rostrata rostrata_

Striped Legless Lizard

_Delma impar_

Striped-tailed Delma

_Delma labialis_

Legless Lizard

_Delma mitella_

Collared Delma

_Delma torquata_

Bronzeback Snake-lizard

_Ophidiocephalus taeniatus_

Brigalow Scaly-foot

_Paradelma orientalis_

Agamidae

_Ctenophorus yinnietharra_

Grassland Earless Dragon

_Tympanocryptis lineata pinguicolla_

Scincidae

Long-legged Worm-skink

_Anomalopus mackayi_

Three-toed Snake-tooth Skink

_Coeranoscincus reticulatus_

Airlie Island Ctenotus

_Ctenotus angusticeps_

Lancelin Island Skink

_Ctenotus lancelini_

Hamelin Ctenotus

_Ctenotus zastictus_

Great Desert Skink

_Egernia kintorei_

Yakka Skink

_Egernia rugosa_

Baudin Island Spiny-tailed Skink

_Egernia stokesii aethiops_

Western Spiny-tailed Skink

_Egernia stokesii badia_

Blue Mountains Water Skink

_Eulamprus leuraensis_

Corangamite Water Skink

_Eulamprus tympanum marnieae_

Allan's Lerista

_Lerista allanae_

Mount Cooper Striped Lerista

_Lerista vittata_

Pedra Branca Skink

_Niveoscincus palfreymani_

Lord Howe Island Skink

_Pseudemoia lichenigera_

Adelaide Blue-tongued Lizard

_Tiliqua adelaidensis_

Typhlopidae

Christmas Island Blind Snake

_Ramphotyphlops exocoeti_

Boidae

Olive Python (Pilbara ssp.)

Elapidae

_Denisonia maculata_

Dunmall's Snake

_Furina dunmalli_

Broad-headed Snake

_Hoplocephalus bungaroides_

Krefft's Tiger Snake (Flinders Ranges ssp.)

_Notechis ater ater_

Chappell Island Tiger Snake

_Notechis ater serventyi_

_Birds_

_Family_

_Species_

Casuariidae

Southern Cassowary

_Casuarius casuarius_

Megapodiidae

Malleefowl

_Leipoa ocellata_

Anatidae

Recherche Cape Barren Goose

_Cereopsis novaehollandiae grisea_

Procellariidae

Blue Petrel

_Halobaena caerulea_