NATURE CONSERVATION (WILDLIFE MANAGEMENT) REGULATION 2006

Queensland Consolidated Regulations

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NATURE CONSERVATION (WILDLIFE MANAGEMENT) REGULATION 2006

TABLE OF PROVISIONS

Contents

CHAPTER 1--PRELIMINARY

1. Short title
2. Commencement
3. Relationship with Administration Regulation
4. Application
5. Interpretation generally
6. Meaning of commercial purpose
7. Meaning of unauthorised interaction
8. Scientific names

CHAPTER 2--PROVISIONS APPLYING TO ALL WILDLIFE AUTHORITIES

Part 1--Restrictions on grant for all wildlife authorities

9. Purpose of pt 1
10. Who may obtain wildlife authority
11. General restriction on grant of wildlife authorities
12. Wildlife authority must not authorise taking protected animal by using regulated substance
13. Restriction on grant about places where animals to be kept
14. Wildlife authority must be for only 1 licensed premises or mobile facility

Part 2--Activities authorised by all or most relevant authorities

15. Conservation plan may limit or extend activities authorised by wildlife authority
16. Wildlife authority only authorises keeping, using and moving of lawfully obtained wildlife
17. Particular wildlife authorities for animals limited to only live or dead species
18. Limitation for wildlife authorities for taking animal by killing the animal
19. Wildlife authorities for protected plants limited to species identified on authority
20. Meaning of number on wildlife authority
21. Particular wildlife authorities authorise engaging in unauthorised interaction
22. Animals may be moved from place of taking to place of keeping
23. Animals may be moved to particular authorised buyers
24. Animals may be moved from interstate sellers
25. Animals may be moved for private reasons
26. Live animals may be moved to and from veterinary surgeon
27. Live animals may be moved to and from display
28. Whole protected plants may be moved under particular wildlife authorities
29. Protected plant parts may be moved under particular wildlife authorities

Part 3--Carrying out activities under wildlife authority

30. Persons to whom holders may sell or give wildlife
31. Persons from whom holders may buy or accept wildlife
32. Compliance with chief executive's directions about sampling or implanting
33. Dealing with animals after death—sampled or implanted animals
34. Dealing with animals after death—other animals
35. Assistance to conservation officers

CHAPTER 3--TAKING, KEEPING, USING OR MOVING ANIMALS

Part 1--Taking, keeping, using or moving protected animals other than under wildlife authority

36. Purpose of pt 1
37. Authorised keeper in another State
38. Authorised keeper in another country
39. Veterinary surgeons
40. Particular government officers or employees
40A. Exemptions for railway managers
41. Australian Defence Force
42. Animals taken under Aboriginal tradition or Island custom authority for protected area
43. Marine turtle or dugong taken under Aboriginal tradition or Island custom
44. Keeping and using exempt animals
45. Moving exempt animals
46. Keeping or using controlled animals
47. Moving controlled animals from seller to exempt person
48. Moving controlled animals from exempt person to buyer
49. Particular reptiles
50. Least concern amphibians
51. Keeping or using particular protected fish for recreational purpose
52. Moving protected fish kept for recreational purpose from seller to exempt person
53. Moving protected fish kept for recreational purpose from exempt person to buyer
54. Taking, keeping and using protected scorpions or spiders for recreational purpose
55. Moving protected scorpion or spider kept for recreational purpose from seller to exempt person
56. Moving protected scorpion or spider kept for recreational purpose from exempt person to seller
57. Educational or scientific purposes
58. Sick or injured protected marine mammals and turtles
59. Other sick, injured or orphaned protected animals
60. Interacting with animals in the wild
61. Wholesalers may move dead protected animals
62. Protected animals may be moved for private reasons
63. Animals may be moved to and from veterinary surgeon
64. Animals may be moved to and from display
65. Dead protected animals may be moved to particular holders

Part 2--Keeping, using or moving international or prohibited animals, other than under wildlife authority

66. Purpose of pt 2
67. Authorised keepers in another State
68. Authorised keepers in another country
69. Veterinary surgeons

Part 3--Licences for taking, keeping or using animals

Division 1--Commercial wildlife licence (wildlife interaction)
Subdivision 1--Purposes

70. Purpose of licence and division 1
Subdivision 2--Restrictions on grant of licence
71. Restriction about persons to whom licence may be granted
72. Restriction about activities for which licence may be granted
Subdivision 3--Activities authorised by licence
73. Engaging in unauthorised interaction authorised for particular animals
74. Using animals for training authorised for particular animals
Subdivision 4--Carrying out activities under licence
75. Compliance with approved interaction plan
76. Keeping report about activities under licence

Division 2--Commercial wildlife licences
Subdivision 1--Purposes

77. Purpose of licence and division 2
Subdivision 2--Restrictions on grant of licence
78. Restriction about animals for which licence may be granted
79. General restriction on grant of licence for birds or reptiles
80. Additional restriction for licence for live birds or reptiles
81. Additional restriction for licence for reptiles
Subdivision 3--Activities authorised by licence
82. Keeping and using animals authorised
83. Processing animals authorised
84. Moving live protected animal to and from residence to provide care authorised
85. Moving protected animals to display authorised with approval
86. Moving international animals to display authorised with approval
87. Breeding mutation of protected birds authorised
Subdivision 4--Carrying out activities under licence
88. Way animal must be kept and used
89. Identifying dead animals kept under licence
90. Keeping record
91. Giving return of operations

Division 3--Commercial wildlife licence (mobile)
Subdivision 1--Purposes

92. Purpose of licence and division 3
Subdivision 2--Restrictions on grant of licence
93. Restriction about animals for which licence may be granted
Subdivision 3--Activities authorised by licence
94. Keeping and moving particular animals authorised
Subdivision 4--Carrying out activities under licence
95. Keeping record
96. Giving return of operations

Division 4--Recreational wildlife licences
Subdivision 1--Purposes

97. Purpose of licence and division 4
Subdivision 2--Restrictions on grant of licence
98. Restriction about animals for which licence may be granted
99. Restriction on grant of licence to children
100. Restriction on grant of licence for restricted birds
101. General restriction on grant of licence for birds and reptiles
Subdivision 3--Activities authorised by licence
102. Keeping and using animals authorised
103. Taking particular reptiles to feed other reptiles authorised
104. Moving protected animals to display authorised with approval
105. Moving international animals to display authorised with approval
106. Breeding mutation of protected birds authorised
Subdivision 4--Carrying out activities under licence
107. Way animal must be kept and used
108. Particular animals must be kept for minimum period
109. Keeping record

Division 5--Commercial wildlife harvesting licences
Subdivision 1--Purposes

110. Purpose of licence and division 5
Subdivision 2--Restrictions on grant of licence
111. Restriction about animals for which licence may be granted
112. Restriction on grant of licence to children if weapons involved
113. Restriction on grant of licence for whales or dolphins
Subdivision 3--Activities authorised by licence
114. Taking, keeping and using particular animals authorised
Subdivision 4--Carrying out activities under licence
115. Way animal may be taken
116. Dealing with carcass of animal taken under licence
117. Keeping record
118. Giving return of operations

Division 6--Recreational wildlife harvesting licences
Subdivision 1--Purposes

119. Purpose of licence and division 6
Subdivision 2--Restriction on grant of licence
120. Restriction about animals for which licence may be granted
121. Restriction on grant of licence to children if weapons involved
Subdivision 3--Activities authorised by licence
122. Taking, keeping, processing and using particular animals authorised
Subdivision 4--Carrying out activities under licence
123. Way animal may be taken
124. Dealing with carcass of animal taken under licence
125. Giving return of operations

Division 7--Wildlife demonstrator licences
Subdivision 1--Purposes

126. Purpose of licence and division 7
Subdivision 2--Activities authorised by licence
127. Keeping and using particular animals authorised
Subdivision 3--Carrying out activities under licence
128. Number of live animals that may be kept under licence
129. Minimum number of displays
130. Way animal may be displayed
131. Animal being displayed must be supervised
132. Acts animal being displayed may be required to do
133. Handling dangerous animals
134. Keeping record
135. Giving return of operations

Division 8--Wildlife exhibitor licences
Subdivision 1--Purposes

136. Purpose of licence and division 8
Subdivision 2--Additional application requirement
137. Additional information requirement
Subdivision 3--Restriction on grant of licence
138. Exhibit must meet particular criteria
Subdivision 4--Activities authorised by licence
139. Keeping and using particular animals authorised
140. Obtaining and keeping particular animals authorised
141. Engaging in unauthorised interaction authorised in particular circumstances
142. Moving animals to or from other licensed premises authorised
Subdivision 5--Carrying out activities under licence
143. Way animal may be displayed
144. Animal being displayed must be supervised
145. Acts animal being displayed may be required to do
146. Handling dangerous animals
147. Dealing with sick, injured and orphaned animals
148. Particular holders must comply with approved interaction plan
149. Particular holders must keep report about particular activities
150. Keeping record
151. Giving return of operations

Division 9--Wildlife farming licence
Subdivision 1--Purposes

152. Purpose of licence and division 9
Subdivision 2--Restrictions on grant of licence
153. Restriction about animals for which licence may be granted
154. Restriction on grant of licence for particular reptiles
Subdivision 3--Activities authorised by licence
155. Keeping, using and processing particular animals authorised
156. Moving animals to or from other licensed premises authorised
Subdivision 4--Carrying out activities under licence
157. Identifying animal taken from the wild
158. Sampling particular reptiles
159. Implanting particular reptiles
160. Way animal may be displayed
161. Animal being displayed must be supervised
162. Acts animal being displayed may be required to do
163. Handling dangerous animals
164. Keeping record
165. Giving return of operations

Division 10--Museum licences
Subdivision 1--Purposes

166. Purpose of licence and division 10
Subdivision 2--Restrictions on grant of licence
167. Restriction about persons to whom licence may be granted
168. Restriction about animals for which licence may be granted
169. Restriction on grant of licence authorising display
Subdivision 3--Activities authorised by licence
170. Taking, keeping, using and processing particular animals authorised
171. Moving animals to or from other licensed premises authorised
Subdivision 4--Carrying out activities under licence
172. Where animals may be displayed
173. Way animal may be displayed
174. Animal being displayed must be supervised
175. Acts animal being displayed may be required to do
176. Handling dangerous animals
177. Keeping record
178. Giving return of operations

Part 4--Permits for taking, keeping or using animals

Division 1--General restrictions on grant for all permits

179. General restriction on grant of permits to children
180. Restriction on grant of particular permits to children if weapon involved

Division 2--Damage mitigation permits
Subdivision 1--Purpose

181. Purpose of permit
Subdivision 2--Restrictions on grant of permit
182. General restriction about animals for which permit may be granted
184. Restriction about purposes for which permit may be granted
185. Restriction on grant of permit for damage or loss
186. Restriction on grant of permit for threat to human health and wellbeing
Subdivision 3--Activities authorised by permit
187. Taking particular animals authorised
187A. Particular activities affecting flying-foxes authorised
Subdivision 4--Carrying out activities under permit
188. Giving return of operations

Division 3--Educational purposes permits
Subdivision 1--Purpose

189. Purpose of permit
Subdivision 2--Restriction on grant of permit
190. Restriction about persons to whom permit may be granted
191. Restriction about purposes for which permit may be granted
Subdivision 3--Activities authorised by permit
192. Taking, keeping and using particular animals authorised
Subdivision 4--Carrying out activities under permit
193. Giving return of operations

Division 4--Permits to keep protected wildlife
Subdivision 1--Purpose

194. Purpose of permit
Subdivision 2--Restrictions on grant of permit
195. Restriction about purposes for which permit may be granted
196. Restriction on grant of permit for animal taken under rehabilitation permit
197. Restriction on grant of permit for animal from another State
198. Restriction on grant of permit for animal kept under expired authority
199. Restriction on grant of permit to holders of particular authorities
Subdivision 3--Activities authorised by permit
200. Keeping particular animals authorised
201. Moving animal to another holder authorised in particular circumstances
202. Moving animal to an institution authorised in particular circumstances
203. Moving particular birds authorised
Subdivision 4--Carrying out activities under permit
204. Breeding animals
205. Keeping record
206. Giving return of operations

Division 5--Rehabilitation permits
Subdivision 1--Purpose

207. Purpose of permit
Subdivision 2--Restrictions on grant of permit
208. Restriction about persons to whom permit may be granted
209. Restriction on grant of permit to voluntary wildlife care associations
210. Restriction about animals for which permit may be granted
Subdivision 3--Activities authorised by permit
211. Obtaining and keeping particular animals authorised
212. Taking particular dead animals for feeding particular animals authorised
213. Displaying particular animals authorised with approval
214. Moving particular animals authorised in particular circumstances
Subdivision 4--Carrying out activities under permit
215. Way animal must be kept
216. Returning animal to natural habitat

Division 6--Scientific purposes permit
Subdivision 1--Purposes

217. Purpose of permit
Subdivision 2--Restrictions on grant of permit
218. Restriction about persons to whom permit may be granted
219. Restriction on grant of permit authorising animal to be taken
220. Restriction on grant of permit for particular mammals
Subdivision 3--Activities authorised by permit
221. Taking, keeping, using and processing particular animals authorised
Subdivision 4--Carrying out activities under permit
222. Giving return of operations

Part 5--Authorities for taking, keeping or using animals

Division 1--Aboriginal tradition authorities
Subdivision 1--Preliminary

223. Application of div 1
Subdivision 2--Considering application
224. Additional matter to be considered
Subdivision 3--Restrictions on grant of authority
225. Restriction about persons to whom authority may be granted
226. Restriction about purpose for which authority may be granted
227. Restriction on grant of authority for particular marine animals
Subdivision 4--Activities authorised by authority
228. Taking, keeping and use of particular animals authorised

Division 2--Island custom authorities
Subdivision 1--Preliminary

229. Application of div 2
Subdivision 2--Considering application
230. Additional matter to be considered
Subdivision 3--Restrictions on grant of authority
231. Restriction about persons to whom authority may be granted
232. Restriction about purpose for which authority may be granted
233. Restriction on grant of authority for particular marine animals
Subdivision 4--Activities authorised by authority
234. Taking, keeping and use of particular animals authorised

Division 3--Collection authorities
Subdivision 1--Restrictions on grant

235. Purposes for which collection authorities may be granted
236. Additional restrictions for collection authority to take and keep least concern animals
Subdivision 2--Activities authorised by authority
237. Collection authority to keep a collection of dead animals
238. Collection authority to take and keep least concern animals
239. Moving animals for survival training authorised
Subdivision 3--Carrying out activities under authority
240. Giving return of operations

CHAPTER 4--USING OR MOVING PROTECTED PLANTS

Part 1--Preliminary

241. Purpose of ch 4

Part 2--Restrictions about using protected plants

242. Purpose of pt 2
244. Restriction on using or moving whole protected plants for commercial purpose
245. Restriction on using or moving protected plant parts for commercial purpose

Part 3--Using protected plants other than under wildlife authority

Division 1--Purpose of part

246. Purpose of pt 3

Division 2--Exemptions for using or moving protected plants generally

247. Using protected plants registered under Plant Breeder's Rights Act 1994 (Cwlth)
248. Landholders may gain benefit
249. Using protected plants taken under conservation plan
249A. Use or movement of protected plants authorised under conservation plan
250. Retailers may move protected plants
251. Moving protected plants being used under exemption

Division 3--Exemptions for using whole protected plants

252. Definitions for div 3
253. Whole protected plants propagated by authorised propagator
254. Selling whole protected plants by retail—type A restricted plants
255. Selling whole protected plants by retail—other protected plants
256. Selling particular whole protected plants propagated for recreational purposes

Division 4--Exemptions for using protected plant parts

257. Definitions for div 4
258. Using protected plant parts cultivated by authorised cultivator
259. Selling protected plant parts by retail
260. Particular authority or permit holders using protected plant parts
261. Using protected plant parts for educational or scientific research purposes

Part 4--Licences, permits and other authorities for taking or using protected plants

Division 1--Preliminary

262. Relationship with conservation plan

Division 2--Licences
Subdivision 1--Commercial wildlife licences

263. Using protected plants for commercial purpose authorised
264. Limitation on selling or giving away protected plants generally
265. Additional requirement about selling whole type A restricted plants
266. Keeping record
267. Giving return of operations
Subdivision 2--Recreational wildlife licences
268. Restriction about persons to whom licence may be granted
269. Using protected plants for recreational purpose authorised
270. Using particular protected plants for commercial purpose authorised in particular circumstances
271. Restriction on selling particular plants
Subdivision 3--Commercial wildlife harvesting licence
272. Taking and using protected plants authorised
Subdivision 4--Recreational wildlife harvesting licence
273. Taking and using protected plants authorised
Subdivision 5--Herbarium licences
274. Restriction about persons to whom licence may be granted
275. Taking or using protected plants authorised in particular circumstances

Division 3--Permits for taking or using protected plants
Subdivision 1--Clearing permits

276. Taking protected plants authorised
Subdivision 2--Damage mitigation permits
277. Restriction about plants for which permit may be granted
278. Restriction about purposes for which permit may be granted
279. Restriction on grant of permit for damage or loss
280. Restriction on grant of permit for threat to human health and wellbeing
281. Taking protected plants authorised
282. Giving return of operations
Subdivision 3--Educational purposes permits
283. Restriction about persons to whom permit may be granted
284. Restriction about purpose for which permit may be granted
285. Taking and using protected plants authorised
286. Giving return of operations
Subdivision 4--Scientific purposes permit
287. Restriction about persons to whom permit may be granted
288. Restriction about purposes for which permit may be granted
289. Taking and using protected plants authorised
290. Giving return of operations

Division 4--Authorities for taking or using protected plants
Subdivision 1--Aboriginal tradition authorities

291. Additional matter to be considered
292. Restriction about persons to whom authority may be granted
293. Restriction about purpose for which authority may be granted
294. Taking and using protected plants authorised
Subdivision 2--Island custom authorities
295. Additional matter to be considered
296. Restriction about persons to whom authority may be granted
297. Restriction about purpose for which authority may be granted
298. Taking and using protected plants authorised

Part 5--Provisions about authorised cultivators and propagators

Division 1--Approval of authorised cultivators and propagators

299. Approval of persons as authorised cultivator or propagator
300. Restriction about persons who may be approved
301. Notice of approval

Division 2--Carrying out activities under approval

302. Keeping records
303. Assistance to conservation officers
304. Notifying chief executive of new address

CHAPTER 5--PERMIT FOR MOVING WILDLIFE

Part 1--General provisions

Division 1--Purpose of permit

305. Purpose of permit

Division 2--Export agreements

306. Minister may enter into agreement
307. Only suitable persons may be party to agreement
308. Content of agreement

Division 3--Conditions of permit

309. Conditions for permits for interstate movements

Part 2--Restrictions on grant of permit

310. General restrictions about movements for which permit may be granted
311. Additional general restriction for movements out of the State
312. Additional general restriction for movements into the State
313. Additional restriction for movement of prescribed protected animal to another State
314. Additional restriction for movement of prescribed protected animal within the State for export

Part 3--Activities authorised by permit

315. Moving particular wildlife authorised

CHAPTER 6--PROCESSED PRODUCTS

316. Purpose of ch 6
317. Processed products made or derived from protected animals
318. Processed products made or derived from protected plants
319. Conservation officer may ask for evidence of source used

CHAPTER 7--OTHER OFFENCES RELATING TO WILDLIFE

Part 1--Taking, keeping or using animals generally

320. Use of animals to take protected animals
321. Using live protected animals that are not self-sufficient
322. Procedure for accidental taking of marine mammal or turtle
323. Procedure for accidental taking of protected shark

Part 2--Moving wildlife

Division 1--Moving wildlife generally

324. Moving live protected animals in containers
325. Labels for containers used to send protected animals
326. Sending or moving wildlife other than protected, international or prohibited wildlife into the State

Division 2--Movement advices

327. Only 1 movement under movement advice
328. Dealing with parts of movement advice
329. Keeping and producing movement advice
330. Tampering with movement advice

Part 3--Housing for animals

331. Housing and care of live protected animals
332. Tampering with animal breeding place
333. Housing wildlife other than protected wildlife

Part 4--Tags

334. Using tags generally
335. Tags not to be used by unauthorised person
336. Tampering with tags

Part 5--Identification and information requirement

337. Record of identification of person selling or giving away protected, international or prohibited wildlife
338. Record of identification of person buying or accepting protected, international or prohibited wildlife

Part 6--Other offences

339. Using poison or adhesive substance in a way that may take protected animals
340. Feeding native animals in the wild generally
341. Feeding dangerous native animals in the wild
342. Disturbing dangerous native animals in the wild
343. Release of animals into the wild
344. Spreading or releasing particular parts of non-native plants
345. Procedure if wildlife stolen

CHAPTER 8--MISCELLANEOUS PROVISIONS

Part 1--Seizure of property

346. Seizure of particular things for the protection of native wildlife

Part 2--Provisions about tags

347. Chief executive may supply tags for use by person
348. Chief executive may approve tags for use by person
349. Nature of tags supplied by the chief executive
350. Chief executive may recall tags

Part 3--Conservation value for wildlife

351. Conservation value for protected wildlife
352. No conservation value payable for protected wildlife taken under particular authorities
353. No conservation value payable for protected scorpions or spiders
354. No conservation value payable for particular reptiles
355. No conservation value payable for particular lizards

Part 4--Amendments of Protected Plants Conservation Plan

356. Particular amendments of the Protected Plants Conservation Plan—Act, s 124(2)(c)
SCHEDULE 1 -- PROCESSED PRODUCTS

Part 1--Definitions
1. Definitions for sch 1

Part 2--Processed products made or derived from protected animals
2. Processed products made or derived from particular protected birds
3. Processed products made or derived from particular protected butterflies
4. Processed products made or derived from particular protected crocodiles
5. Processed products made of or derived from particular protected emus
6. Processed products made or derived from other protected animals

Part 3--Processed products made or derived from protected plants
7. Processed products made or derived from protected plants
SCHEDULE 2 -- DOMESTIC ANIMAL
SCHEDULE 3 -- RELEVANT PROTECTED ANIMALS

Part 1--Exempt animals
1. Birds

Part 2--Controlled animals
2. Birds

Part 3--Commercial animals
3. Birds
4. Invertebrates
5. Reptiles

Part 4--Recreational animals
6. Amphibians
7. Birds
8. Reptiles

Part 5--Restricted animals
9. Amphibians
10. Birds
11. Reptiles
SCHEDULE 4 -- DICTIONARY
Endnotes

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