[printicon.gif] Print Page [searchicon.gif] Find Component [searchicon.gif] Find Legislation [historyoff.gif] History ON _Wildlife Regulations 1999 (S.R. 1999, No. 168)_ _Requested:_ 12 Oct 2009 _Consolidated as at:_ 12 Oct 2009 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 By His Excellency's Command, 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; _"antlerless deer"_ means a deer that is - _(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_; _"deer farm"_ means an area of land where deer are stocked for the 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. _"wild duck"_ means any bird of a species which is a member of the Family Anatidae that is a form of partly protected wildlife; _"wildlife display permit"_ means a permit issued under regulation 47; _"wildlife exhibition"_ means a collection of wildlife that is kept - _(a)_ ordinarily in a place in connection with the conduct of a 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. _(5)_ The holder of a licence under this Division must not fail to comply with a condition or restriction to which the licence is subject. Penalty: Fine not exceeding 50 penalty units. _(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. Penalty: 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: Fine not exceeding 50 penalty units. _(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. Penalty: 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. _(2)_ Subject to subregulation (3), a permit is not to be issued 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; _(b)_ limit the use of a device to a specified time or locality. _(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; _(e)_ the disposal of, or other dealings with, any wildlife or 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: Fine not exceeding 50 penalty units. _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. _(4)_ Subregulation (3) does not apply to the sale of - _(a)_ a skin of a wallaby or brushtail possum which has been - _(i)_ marked in accordance with regulation 22; or _(ii)_ subjected to a process of treatment; or _(b)_ an egg of a pheasant or brown quail produced by a bird held in captivity; or _(c)_ a product of a juvenile muttonbird sold by a person authorised under the _Meat Hygiene Act 1985_ to process juvenile muttonbirds. _(5)_ A person must not take or possess an egg of any form of partly protected wildlife, other than an egg of a pheasant or brown quail produced by a bird held in captivity, unless that person is authorised to do so by a permit. Penalty: Fine not exceeding 50 penalty units. _(6)_ Subregulation (5) does not apply to the possession of an egg of any form of partly protected wildlife under a wildlife exhibition licence. _(7)_ A person must not buy an egg of any form of partly protected wildlife, other than an egg of a pheasant or brown quail produced by a bird held in captivity, unless that person is authorised to do so by a permit. Penalty: Fine not exceeding 50 penalty units. _(8)_ A person must not possess a live creature which is a form of partly protected wildlife, other than a wallaby, brushtail possum, pheasant, brown quail or wild duck, unless that person is authorised to do so by a permit. Penalty: Fine not exceeding 50 penalty units. _(9)_ Subregulation (8) does not apply to the possession of a live creature which is a form of partly protected wildlife held under a wildlife exhibition licence. _(10)_ A person must not sell a live creature which is a form of partly protected wildlife unless that person is authorised to do so by a permit. Penalty: Fine not exceeding 50 penalty units. _18. Restricted wildlife_ A person must not buy, sell or have possession of any form of restricted wildlife described in Schedule 6 or any product of such wildlife unless that person is authorised to do so by a permit. Penalty: Fine not exceeding 50 penalty units. _19. Dealing with wildlife unlawfully taken_ _(1)_ A person must not buy or sell any wildlife that has been taken contrary to these regulations or any product of any wildlife so taken. Penalty: Fine not exceeding 50 penalty units. _(2)_ A person must not possess any wildlife that has been taken contrary to these regulations or any product of any wildlife so taken. Penalty: Fine not exceeding 50 penalty units. _20. Export of wildlife_ Except as may be authorised by a permit, a person must not remove, or cause or allow to be removed, from the State any form of partly protected, protected or specially protected wildlife or the products of any such wildlife. Penalty: Fine not exceeding 100 penalty units. _21. Dealings in wallaby skins and brushtail possum skins_ _(1)_ Except as may be authorised by a licence or permit, a person must not buy or sell an untreated wallaby skin or brushtail possum skin or an unmarked wallaby skin or brushtail possum skin. Penalty: Fine not exceeding 50 penalty units. _(2)_ Subregulation (1) does not prevent a single individual from buying during an open season not more than 10 untreated and unmarked skins. _(3)_ For the purposes of this regulation, a licence referred to in Part 2 of Schedule 9 that authorises the selling of a skin, or the products, of a wallaby, is taken to authorise the selling of any such skin, or any such product, that is an untreated skin or an unmarked skin. _(4)_ Any person who buys an unmarked skin must, within 28 days of receiving the skin, produce that skin to an inspector and pay the royalty payable in respect of the skin under regulation 22. Penalty: Fine not exceeding 50 penalty units. _(5)_ Except as may be authorised by a permit, a person must not, otherwise than during an open season or the period of 14 days immediately following the end of the season, be in possession of an unmarked skin. Penalty: Fine not exceeding 50 penalty units. _(6)_ A person must not prepare an unmarked skin for any process of treatment or carry out any process of treatment, or any part of such a process, on an unmarked skin. Penalty: Fine not exceeding 50 penalty units. _22. Royalties in respect of wallaby skins and brushtail possum skins_ _(1)_ In respect of each skin of a kind specified in the first column of Schedule 10, a royalty of an amount specified in the second column of that schedule is payable. _(2)_ When a skin referred to in subregulation (1) is produced to an inspector and the royalty payable in respect of that skin is paid to the inspector, the inspector is to mark the skin in a manner approved by the Secretary. _(3)_ The Secretary may waive the payment of the royalty in respect of the skins of creatures taken in pursuance of a permit issued under regulation 13 and where such a skin is produced to an inspector the inspector, if satisfied that the skin is a skin in respect of which the payment of the royalty has been so waived, is to mark the skin in a manner approved by the Secretary. _23. Records of dealings in skins_ _(1)_ The holder of a licence specified in Part 2 of Schedule 9 who sells or otherwise disposes of any wallaby skins must, as soon as practicable - _(a)_ record on that licence - _(i)_ the number of skins so sold or disposed of; and _(ii)_ the name and address of the place of abode or business of the person to whom they were sold or disposed of; and _(iii)_ the date on which they were sold or disposed of; and _(b)_ sign and date that record. _(2)_ Where under subregulation (1) a record is required to be made with respect to the sale or other disposal of any skins, the person to whom those skins are sold or disposed of is to sign and date that record. _(3)_ The holder of a fauna dealer's licence (skins) must keep and maintain a record in a form approved by the Secretary of all sales and purchases by the holder of, and other dealings in, wallaby skins and brushtail possum skins. Penalty: Fine not exceeding 50 penalty units. _(4)_ A record required to be kept under subregulation (3) is to show in relation to each sale or purchase of, or other dealings in, any skins - _(a)_ the date of that sale, purchase or other dealing; and _(b)_ the number of those skins; and _(c)_ the name and address of the place of abode or business of the person to whom the skins were sold, or from whom they were purchased or with whom the other dealing took place, as the case may be. _(5)_ The holder of a fauna dealer's licence (skins) must, not later than the fourteenth day of each month provide the Secretary with a copy of the record kept under subregulation (3) in respect of the sales and purchases of, and other dealings in, skins during the preceding calendar month. Penalty: Fine not exceeding 50 penalty units. _(6)_ The holder of a fauna dealer's licence (skins) must not - _(a)_ in a record kept under subregulation (3), make a statement, or supply information, knowing it to be false or misleading in a material particular; or _(b)_ fail to furnish to the Secretary a copy of such a record on or before the appropriate day specified by that subregulation. Penalty: Fine not exceeding 50 penalty units. _24. Restrictions on receiving wallaby skins and brushtail possum skins_ _(1)_ Except as authorised by a permit issued under subregulation (3) by the Secretary, a person must not receive a wallaby skin or brushtail possum skin as the employee or agent of, or otherwise on behalf of, the holder of a fauna dealer's licence (skins). Penalty: Fine not exceeding 50 penalty units. _(2)_ The holder of a fauna dealer's licence (skins) may, by written notice to the Secretary, nominate a person as the person whom the holder wishes to receive a wallaby skin or brushtail possum skin as an employee or agent of, or otherwise on behalf of, the holder of the licence. _(3)_ Where the Secretary receives a notice under subregulation (2), the Secretary may issue a permit to the person nominated by the holder of the licence authorising that person to receive a wallaby skin or brushtail possum skin as the employee or agent of, or otherwise on behalf of, the holder of the licence. _(4)_ The holder of a fauna dealer's licence (skins) may, by written notice to the Secretary, revoke the nomination of a person contained in a notice under subregulation (2) given by the holder of the licence. _(5)_ The Secretary, on receipt of a notice under subregulation (4) from the holder of a fauna dealer's licence (skins), is to cancel the permit to which the notice relates by serving on the holder of the permit a written notice stating that - _(a)_ the permit is cancelled; and _(b)_ it has been cancelled on the ground that the nomination of that person has been revoked by the holder of the licence. _(6)_ If at any time the Secretary considers that there are grounds for cancelling a permit, other than the ground referred to in subregulation (5), the Secretary may cancel the permit by serving on the holder a written notice stating that the permit is cancelled and the grounds for its cancellation. _(7)_ Where a notice under subregulation (5) or (6) cancelling a permit is served on a person, the permit ceases to have effect and the person must surrender it to the Secretary as soon as practicable. Penalty: Fine not exceeding 50 penalty units. _25. Deer, pheasant and brown quail_ _(1)_ Except as authorised by a permit, a person must not take more than 2 deer during an open season, that total being made up of - _(a)_ one adult male deer and one antlerless deer; or _(b)_ 2 antlerless deer. Penalty: Fine not exceeding 50 penalty units. _(2)_ Except as may be authorised by a permit, a person must not during an open season take more than 3 adult male pheasant in any one day. Penalty: Fine not exceeding 50 penalty units. _(3)_ Except as may be authorised by a permit, a person must not during an open season take more than 20 brown quail in any one day. Penalty: Fine not exceeding 50 penalty units. _(4)_ A person must not remove the head or sever the body of any deer at a place other than the usual residence of the holder of the licence under which the deer was taken except - _(a)_ with the permission of the Secretary; or _(b)_ where all products of the deer have been labelled with the name and address of the licence holder and the numbers of the relevant licence and tag. Penalty: Fine not exceeding 50 penalty units. _(5)_ A reference in this regulation to a creature of any kind includes a reference to the products of that creature. _26. Bag limits in respect of certain birds_ _(1)_ Except as may be authorised by a permit, a person must not in any one day during an open season take more than 10 wild duck, of which - _(a)_ no more than 6 may be Australian Shelduck (Mountain Duck), if taken on Flinders Island; or _(b)_ no more than 4 may be Australian Shelduck (Mountain Duck), if taken elsewhere. Penalty: Fine not exceeding 50 penalty units. _(2)_ Except as may be authorised by a permit, a person must not in any one day during an open season take more than the following number of juvenile muttonbirds: _(a)_ in the Bass Strait islands, 25; _(b)_ elsewhere, 15. Penalty: Fine not exceeding 50 penalty units. _(3)_ A reference in this regulation to a bird of any kind includes a reference to the products of that bird. _27. Holder of commercial muttonbird operator's licence to provide return_ The holder of a commercial muttonbird operator's licence must, within 14 days following the end of the open season to which the licence relates, provide the Secretary with a return, in a form approved by the Secretary, giving such particulars relating to juvenile muttonbirds taken under the authority of the licence as the Secretary requires. _PART 3 - Regulation of hunting_ _28. Illegal forms of hunting generally_ _(1)_ A person must not take any wildlife by the process or method commonly known as smoking-out. Penalty: Fine not exceeding 50 penalty units. _(2)_ Except with the permission of the Secretary, a person must not take any bird (other than a muttonbird) that is a form of partly protected wildlife, protected wildlife or specially protected wildlife by any means other than by shooting with a firearm. Penalty: Fine not exceeding 50 penalty units. _(3)_ A person must not, in taking, or for the purpose of taking, any form of partly protected wildlife, protected wildlife or specially protected wildlife, use or have possession of - _(a)_ a firearm having a bore greater than the bore commonly known as No. 12; or _(b)_ a firearm that is fitted with a silencer. Penalty: Fine not exceeding 50 penalty units. _(4)_ For the purposes of subregulation (3)(b), a silencer means any device, instrument or thing by means of which the sound caused by the discharge of a firearm is made less audible, whether such device, instrument or thing forms part of the firearm or is or can be affixed or attached to the firearm. _(5)_ Except with the permission of the Secretary, a person must not use, during the period commencing one hour after sunset on any day and ending one hour before sunrise on the next day, a firearm for the purpose of taking any form of partly protected wildlife, protected wildlife or specially protected wildlife. Penalty: Fine not exceeding 50 penalty units. _(6)_ Except with the permission of the Secretary, a person must not, in taking, or for the purpose of taking, any form of partly protected wildlife, protected wildlife or specially protected wildlife, use or have possession of - _(a)_ a spear or bow or arrow; or _(b)_ an explosive substance; or _(c)_ a poison or a poisonous or stupefying substance; or _(d)_ birdlime or any viscid or adhesive substance; or _(e)_ a chemical compound; or _(f)_ a solid-jacketed military bullet of any calibre. Penalty: Fine not exceeding 50 penalty units. _(7)_ Except with the permission of the Secretary, a person must not use, apply or expose birdlime, or any viscid or adhesive substance in such manner, or in such circumstances, that it may catch or ensnare any bird. Penalty: Fine not exceeding 50 penalty units. _29. Use of bait_ _(1)_ A person must not use for the purpose of bait the carcass, or any part of the carcass, of any bird that is a form of partly protected wildlife, protected wildlife or specially protected wildlife. Penalty: Fine not exceeding 50 penalty units. _(2)_ Except with the permission of the Secretary, a person must not use the carcass of an animal that is a form of partly protected wildlife, protected wildlife or specially protected wildlife for any drag-hunt, dog race or dog training purpose. Penalty: Fine not exceeding 50 penalty units. _(3)_ For the purpose of subregulation (2) - _"drag-hunt"_ means a hunt in which dogs are encouraged to follow a scent trail made by dragging the carcass of an animal over the ground; _"dog race"_ means a race involving the pursuit by dogs of a lure which may be the carcass of an animal. _(4)_ A person must not use any live creature that is a form of partly protected wildlife, protected wildlife or specially protected wildlife for the purpose of taking wildlife. Penalty: Fine not exceeding 50 penalty units. _(5)_ Except with the permission of the Secretary, a person must not discharge a firearm for the purpose of taking any form of partly protected wildlife, protected wildlife or specially protected wildlife if the person is - _(a)_ in a conveyance; or _(b)_ within 10 metres of a conveyance that the person has left for the purpose of taking wildlife. Penalty: Fine not exceeding 50 penalty units. _(5A)_ However, subregulation (5) does not apply to a person taking wild duck if the person - _(a)_ is in a vessel that is not underway; and _(b)_ takes the wild duck in accordance with a licence or permit. _(5B)_ For the purposes of subregulation (5A), a vessel is taken to be underway if it is being propelled directly or indirectly by one or more of the following: _(a)_ an engine; _(b)_ a sail; _(c)_ an oar, paddle or pole. _(6)_ Except with the permission of the Secretary, a person must not use, or have possession of, any light in taking, or for the purpose of taking, any form of partly protected wildlife, protected wildlife or specially protected wildlife. Penalty: Fine not exceeding 50 penalty units. _30. Organised shoot not to be held without permit_ _(1)_ Except as may be authorised by a permit, a person must not - _(a)_ arrange or provide facilities for an organised shoot; or _(b)_ while carrying a firearm, take part in an organised shoot. Penalty: Fine not exceeding 50 penalty units. _(2)_ The Secretary may issue a permit, subject to such terms and conditions as may be specified in the permit, authorising the holding of an organised shoot. _(3)_ Where a person while carrying a firearm takes part in an organised shoot held under a permit issued under subregulation (2), the person must comply with the terms and conditions specified in the permit that are applicable to the person. Penalty: Fine not exceeding 50 penalty units. _(4)_ For the purposes of this regulation, an organised shoot is a gathering of persons, at least 15 of whom are carrying firearms, who - _(a)_ are assembled for the purpose of; or _(b)_ are engaged in; or _(c)_ are intending to engage in - the taking of any wildlife. _31. Nets, snares and traps_ _(1)_ A person who uses, sets, lays or places in position any net, snare or trap of any kind for the purpose of taking any wildlife must remove, destroy or render harmless any net, snare or trap that is no longer in use. Penalty: Fine not exceeding 50 penalty units. _(2)_ A person who uses, sets, lays or places in position any net, snare or trap for the purpose of taking any wildlife must - _(a)_ inspect that net, snare or trap at intervals not exceeding 24 hours; and _(b)_ immediately remove or release from the net, snare or trap any wildlife the person finds to be caught in the net, snare or trap. Penalty: Fine not exceeding 50 penalty units. _32. Special provisions as to muttonbirds_ _(1)_ A person must not take any muttonbird during the period commencing one hour after sunset on any day and ending one hour before sunrise on the following day. Penalty: Fine not exceeding 50 penalty units. _(2)_ A person must not use, or have possession of, any pointed, barbed, hook-shaped or sharpened implement for the purpose of taking any muttonbird from a burrow. Penalty: Fine not exceeding 50 penalty units. _(3)_ A person must not take any muttonbirds by means, or with the assistance, of a dog. Penalty: Fine not exceeding 50 penalty units. _(4)_ Except with the permission of the Secretary, a person must not - _(a)_ dig out, destroy, damage or in any way render useless any muttonbird burrow; or _(b)_ wilfully interfere with any muttonbird or muttonbird burrow on or in the vicinity of a muttonbird rookery; or _(c)_ take any adult muttonbird. Penalty: Fine not exceeding 50 penalty units. _(5)_ Nothing in subregulation (4)(b) prevents the doing of any act reasonably necessary for the taking of a muttonbird under the authority of a licence or permit. _33. Special provisions as to deer_ _(1)_ A person must not use a dog to take a deer. Penalty: Fine not exceeding 50 penalty units. _(2)_ A person must not, except with the permission of the Secretary, take a deer otherwise than by shooting with a rifle - _(a)_ with a calibre of not less than 6 millimetres; and _(b)_ which is capable of delivering a projectile having a kinetic energy of 1350 joules at a distance of 100 metres from the rifle. Penalty: Fine not exceeding 50 penalty units. _(3)_ A person who has taken an adult male deer must immediately fix and lock a prescribed tag to the antler of the deer around the beam between the brow and the trez tine. Penalty: Fine not exceeding 50 penalty units. _(4)_ A person who has taken an antlerless deer must immediately fix and lock a prescribed tag through the lower jaw of the deer. Penalty: Fine not exceeding 50 penalty units. _(4A)_ A person must not affix a prescribed tag to a deer if it is a tag that has been issued to another person. Penalty: Fine not exceeding 50 penalty units. _(5)_ A person must not, except with the permission of the Secretary, remove a prescribed tag fixed to a deer in accordance with subregulation (3) or (4). Penalty: Fine not exceeding 50 penalty units. _(6)_ A person must not interfere with, damage or deface a prescribed tag. Penalty: Fine not exceeding 50 penalty units. _(7)_ In this regulation, _"prescribed tag"_ means a tag issued to the holder of a deer licence at the time of the issue of the licence. _34. Special provisions as to wild duck_ _(1)_ A person who is in a vessel that is being driven or propelled by an engine or other mechanical means must not take or wilfully rouse or disturb any wild duck. Penalty: Fine not exceeding 50 penalty units. _(2)_ A person must not use, or assist in the use of, any aircraft for the purpose of rousing or disturbing any wild duck. Penalty: Fine not exceeding 50 penalty units. _(3)_ A person must not use any bait, live bird, tape recorder or electronic device to attract wild duck for the purpose of taking wild duck. Penalty: Fine not exceeding 50 penalty units. _(4)_ A person must not use any weapon other than a shotgun with a smooth bore for the purpose of taking, rousing or wilfully disturbing any wild duck. Penalty: Fine not exceeding 50 penalty units. _(5)_ A person must not - _(a)_ remove the head from a wild duck that has had its wings removed; or _(b)_ remove the wings from a wild duck that has had its head removed - unless the person is at the residence, camp or shack of the holder of the licence under which the wild duck was taken. Penalty: Fine not exceeding 50 penalty units. _(6)_ Except with the permission of the Secretary, a person who is on any public land during the open season for the taking of wild duck must not use, or have possession of, any ammunition containing lead shot for the purpose of taking wild duck on that public land. Penalty: Fine not exceeding 50 penalty units. _(7)_ Except with the permission of the Secretary, a person who, during the open season for the taking of wild duck, is on any - _(a)_ wetland; or _(b)_ lake, dam, harbour, estuary or lagoon; or _(c)_ river, creek, canal or other watercourse; must not have possession of, or use, ammunition containing lead shot for the purpose of taking wild duck. Penalty: Fine not exceeding 50 penalty units. _(8)_ Except with the permission of the Secretary, a person must not, during the open season for the taking of wild duck, discharge lead shot from a firearm onto or across any - _(a)_ wetland; or _(b)_ lake, dam, harbour, estuary or lagoon; or _(c)_ river, creek, canal or other watercourse. Penalty: Fine not exceeding 50 penalty units. _PART 3A - Regulation of deer farming_ _34A. Notice of intention to operate deer farm_ _(1)_ Before a person operates a deer farm he or she, by notice in writing given to the Secretary, must notify the Secretary - _(a)_ of his or her intention to operate the deer farm; and _(b)_ of the proposed site of the deer farm; and _(c)_ of the full details of the fence to be used for the purpose of fully enclosing farm deer on the proposed site of the deer farm. Penalty: Fine not exceeding 20 penalty units. _(2)_ On notification under subregulation (1), the Secretary, by notice in writing given to the person intending to operate the deer farm, must - _(a)_ if the Secretary is satisfied that the fence to be used is effective for the purpose referred to in subregulation (1)(c), advise that the fence is an approved deer farm fence; or _(b)_ if the Secretary is not satisfied that the fence is effective for that purpose, advise that the fence is not an approved deer farm fence. _(3)_ A person must not operate a deer farm unless he or she has received notice under subregulation (2)(a). Penalty: Fine not exceeding 50 penalty units. _34B. Approval of, and inspection of, deer farm fences_ _(1)_ The Secretary may approve a fence to be used for the purpose of fully enclosing farm deer on a deer farm. _(2)_ A wildlife officer may, at any time, inspect a deer farm to ensure that it is fully enclosed by an approved deer farm fence. _(3)_ If a wildlife officer who inspects a deer farm finds that the deer farm is not fully enclosed by an approved deer farm fence or that the fence is in such condition that it can no longer be effective for the purpose referred to in subregulation (1), the wildlife officer may require, by notice in writing, the deer farmer to carry out any repairs, modifications or additions specified in the notice so that the deer farm will be fully enclosed by an approved deer farm fence. _(4)_ A deer farmer must comply with a requirement made by a wildlife officer under subregulation (3). Penalty: Fine not exceeding 100 penalty units. _(5)_ A person must not interfere with an approved deer farm fence so as to cause, or to be likely to cause, any farm deer to escape. Penalty: Fine not exceeding 100 penalty units. _34C. Deer farmer to keep records and give receipts_ _(1)_ A deer farmer may - _(a)_ keep all records, or copies of records, necessary to establish ownership of each farm deer on his or her deer farm; and _(b)_ mark, brand or tag each farm deer on his or her deer farm to establish ownership of that farm deer. _(2)_ Before a deer farmer disposes of any farm deer or product of farm deer to any other person, the deer farmer must give that other person a receipt describing - _(a)_ the date of disposal; and _(b)_ the farm deer or product of farm deer being disposed of; and _(c)_ the deer farm of origin. Penalty: Fine not exceeding 100 penalty units. _(3)_ Subregulation (2) does not apply to any product of farm deer that is packaged for commercial sale or export. _(4)_ A person, other than a deer farmer, must not possess any farm deer or product of farm deer unless that person is in possession of a receipt in accordance with subregulation (2) in respect of that farm deer or product of farm deer. Penalty: Fine not exceeding 100 penalty units. _(5)_ A wildlife officer may seize and detain any farm deer or product of farm deer in respect of which ownership cannot be established in accordance with this regulation. _34D. Escape or release of farm deer into the wild_ _(1)_ A person must not - _(a)_ cause or permit, or do any act, matter or thing which is likely to cause or permit, any farm deer to escape into the wild; or _(b)_ cause or permit, or do any act, matter or thing likely to cause or permit, any farm deer to be released into the wild. Penalty: Fine not exceeding 100 penalty units. _(2)_ As soon as practicable after a deer farmer becomes aware that any farm deer has escaped or has been released into the wild, he or she must - _(a)_ notify the Secretary of that escape or that release; and _(b)_ take all reasonable steps to - _(i)_ recover the escaped or released farm deer; or _(ii)_ if it is necessary to prevent an immediate risk to the public or environment, destroy the escaped or released farm deer. Penalty: Fine not exceeding 100 penalty units. _(3)_ Any farm deer, having escaped or having been released into the wild, that is not recovered within a period of 48 hours after a deer farmer became aware of the escape or release is forfeited to the Crown. _(4)_ A deer farmer may apply in writing to the Secretary for an extension of the period referred to in subregulation (3). _(5)_ On receipt of an application under subregulation (4), the Secretary may - _(a)_ grant the extension for any period that he or she considers appropriate in the circumstances; or _(b)_ refuse to grant the extension. _34E. Recovery or destruction of escaped or released farm deer_ _(1)_ As soon as a wildlife officer is aware that any farm deer has escaped or has been released into the wild, he or she is to - _(a)_ take any steps he or she considers necessary to facilitate the recovery of the escaped or released farm deer; or _(b)_ destroy the escaped or released farm deer, if - _(i)_ he or she is of the opinion that it is necessary to prevent an immediate risk to the public or environment; or _(ii)_ the deer farmer consents to the destruction of the escaped or released farm deer. _(2)_ A wildlife officer may require a deer farmer, by notice in writing, to take any action that the wildlife officer considers necessary to facilitate any one or more of the following: _(a)_ the destruction of any escaped or released farm deer; _(b)_ the recovery of any escaped or released farm deer; _(c)_ the prevention of the escape or release of any recovered farm deer; _(d)_ the prevention of the escape or release of any farm deer. _(3)_ A deer farmer must comply with a requirement given by a wildlife officer under subregulation (2). Penalty: Fine not exceeding 100 penalty units. _(4)_ A deer farmer is liable to pay to the Crown the full amount of any costs, charges and expenses reasonably incurred by a wildlife officer in the destruction of, the recovery of, or an attempt to destroy or recover, any escaped or released farm deer. _(5)_ The Crown is not liable to pay compensation in respect of any escaped or released farm deer that has been destroyed under this regulation. Penalty: Fine not exceeding 100 penalty units. _34F. Entry on land to recover or destroy escaped or released farm deer_ _(1)_ A wildlife officer must not enter any land for the purpose of recovering or destroying any escaped or released farm deer unless the wildlife officer has the permission of the owner or occupier of that land or the authority of the Secretary. _(2)_ The Secretary may grant another wildlife officer authority to enter any land for the purpose of recovering or destroying any escaped or released farm deer if the Secretary has first consulted with the owner or occupier of that land. _34G. Application of regulation 34D(4) and (5)_ Regulation 34D(4) and (5) does not apply to - _(a)_ any farm deer that has escaped into the wild in respect of which ownership cannot be established in accordance with regulation 34C(1); or _(b)_ any farm deer that has been released into the wild in respect of which ownership cannot be established in accordance with regulation 34C(1). _PART 4 - Control of wildlife exhibitions, travelling wildlife exhibitions and wildlife displays_ _35. Prohibition against keeping wildlife exhibition in unlicensed places_ A person must not keep a wildlife exhibition in any place unless the person holds a wildlife exhibition licence authorising the person to keep that exhibition in that place. Penalty: Fine not exceeding 50 penalty units. _36. Issue of wildlife exhibition licences_ _(1)_ Subject to this regulation, the Secretary may - _(a)_ on receipt of an application in writing by a body corporate, by an individual or by 2 or more individuals jointly; and _(b)_ on payment of a fee of 50 fee units - issue a wildlife exhibition licence to the applicant or applicants if the Secretary is satisfied that - _(c)_ the place where the exhibition will be kept pursuant to the licence is suitable for the purpose; and _(d)_ the facilities and services that will be available for the care and treatment of the wildlife to be kept in that place are satisfactory; and _(e)_ the nature and construction of any buildings and cages erected in that place that will be used for the confinement of any of that wildlife are suitable for that purpose; and _(f)_ it is unlikely that any of that wildlife will escape from that place or from confinement in that place; and _(g)_ in the case of an application for the licence by - _(i)_ a body corporate, every director of the body corporate is a fit and proper person to be a director of a body corporate that keeps a wildlife exhibition and is otherwise of good character; or _(ii)_ an individual, the individual is a fit and proper person to keep a wildlife exhibition and is otherwise of good character; or _(iii)_ 2 or more individuals jointly, each of those individuals is a fit and proper person to keep a wildlife exhibition and is otherwise of good character. _(2)_ The Minister may, if the Minister considers that it is a special case, approve of the issue by the Secretary of a wildlife exhibition licence without payment of the fee described by subregulation (1)(b) or on payment of a lesser fee than that so prescribed. _(3)_ Nothing in this regulation is to be construed as requiring the Secretary to issue a wildlife exhibition licence. _(4)_ A wildlife exhibition licence is subject to the following terms which are to be specified in the licence: _(a)_ that the holder of the licence must not, without the prior written approval of the Secretary or a person authorised by the Secretary in that behalf - _(i)_ erect or cause or permit to be erected in the place to which the licence relates any building or cage for the confinement of any wildlife; or _(ii)_ alter or cause or permit to be altered any building or cage erected for the confinement of wildlife in that place; or _(iii)_ keep any wildlife, or cause or permit any wildlife to be kept, in that place; or _(iv)_ release any wildlife, or cause or permit any wildlife to be released, from that place; or _(v)_ sell or otherwise dispose of, or cause or permit to be sold or otherwise disposed of, any wildlife kept in that place; _(b)_ that the holder of the licence must not cause or permit any wildlife to escape from that place; _(c)_ that the holder of the licence must comply with such directions as are given to the holder by the Secretary or a person authorised by the Secretary in that behalf with respect to all or any of the following matters: _(i)_ the provision of food and water for the wildlife kept pursuant to the licence; _(ii)_ 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 to which the directions apply; _(iii)_ 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 to which the directions apply; _(iv)_ the separation of different species or types of wildlife so kept or of individual members of those differing species or types; _(d)_ any other terms the Secretary determines. _(5)_ The holder of a wildlife exhibition licence must ensure that the terms to which the licence is subject are complied with or, as the case requires, are not contravened. Penalty: Fine not exceeding 50 penalty units. _(6)_ Subject to this Part, a wildlife exhibition licence is in force for a period of 12 months from the date of the licence. _37. Authority of wildlife exhibition licences_ A wildlife exhibition licence while it is in force authorises the holder of the licence to keep wildlife in the place authorised by the licence, subject to and in accordance with the provisions of these regulations and the terms to which the licence is subject. _38. Renewal of wildlife exhibition licences_ _(1)_ The holder of a wildlife exhibition licence may, at any time within the period of one month before the licence ceases to be in force, apply to the Secretary for renewal of the licence. _(2)_ An application for the renewal of a wildlife exhibition licence is to be in writing and be accompanied by a fee of 50 fee units. _(3)_ On receipt of an application made in accordance with subregulations (1) and (2), the Secretary must, unless the application is withdrawn, grant to the applicant the renewal of the wildlife exhibition licence applied for unless the Secretary is satisfied that grounds exist on which the Secretary should cancel the licence. _(4)_ Subject to this Part, where an application for renewal of a wildlife exhibition licence is made before the date on which the licence would, but for this subregulation, have ceased to be in force (in this subregulation, referred to as "the date of expiry") and - _(a)_ the renewal is granted before the date of expiry, on the grant of the renewal, the licence is to be in force for a further period of 12 months commencing on the date of expiry; or _(b)_ the renewal is not granted before the date of expiry and the application is not withdrawn before the date of expiry - _(i)_ the licence is taken to continue in force on and from the date of expiry until the renewal is granted or the application is withdrawn, or the result of an appeal under regulation 43 has been determined, whichever first occurs; and _(ii)_ on the grant of the renewal, the licence is to be in force for the remaining portion of the period of 12 months commencing on the date of expiry, and the renewal is to be expressed to have taken effect on and from that date. _39. Records to be kept by holders of wildlife exhibition licences_ _(1)_ The Secretary may require the holder of a wildlife exhibition licence to keep a record in a form approved by the Secretary. _(2)_ Without limiting subregulation (1), the Secretary may direct that the record is to contain particulars of any or all of the following matters: _(a)_ the natural increase in the exhibition of wildlife kept pursuant to the relevant licence; _(b)_ deaths of the wildlife in that exhibition; _(c)_ acquisitions to that exhibition, other than by natural increase; _(d)_ losses of wildlife in that exhibition, other than by death; _(e)_ the names and addresses of persons from whom or to whom wildlife in that exhibition was obtained or disposed of; _(f)_ the ages, sexes and identifying marks (if any) of wildlife to which the record refers. _(3)_ A person authorised by the Secretary may, at any reasonable time, require the holder of a wildlife exhibition licence to produce to the person a record kept by the holder of the licence in accordance with a requirement under subregulation (1). _(4)_ The holder of a wildlife exhibition licence must not fail to produce to a person authorised by the Secretary a record required to be produced under subregulation (3). Penalty: Fine not exceeding 50 penalty units. _40. Notifications to be given by holders of wildlife exhibition licences_ _(1)_ The holder of a wildlife exhibition licence who knows, or has reason to suspect, that any of the wildlife kept pursuant to the licence is infected with disease or is liable to disseminate disease must as soon as practicable notify the Secretary in such manner as may from time to time be determined by the Secretary. Penalty: Fine not exceeding 50 penalty units. _(2)_ A person must not make a statement, or supply information, in a notification under subregulation (1), knowing the statement or information to be false or misleading in a material particular. Penalty: Fine not exceeding 50 penalty units. _41. Cancellation or suspension of wildlife exhibition licences_ _(1)_ Where the holder of a wildlife exhibition licence - _(a)_ contravenes or fails to comply with a term to which the licence is subject; or _(b)_ is convicted of an offence under the Act or these regulations - the Secretary may cancel the licence by serving a written notice on the holder stating that the licence is cancelled. _(2)_ A notice under subregulation (1) cancelling a wildlife exhibition licence - _(a)_ is to specify the grounds on which the licence is cancelled; and _(b)_ if the Secretary has, under regulation 42, given any directions to the holder of the licence regarding the disposal of the wildlife to which the licence related, is to specify the date by which the holder of the licence is to comply with those directions. _(3)_ On the service of a notice under subregulation (1) on the holder of a wildlife exhibition licence, the licence ceases to have effect and the holder of the licence must surrender it to the Secretary. Penalty: Fine not exceeding 50 penalty units. _(4)_ If, in a case to which subregulation (1) applies, the Secretary considers it desirable to do so, the Secretary may, instead of cancelling the wildlife exhibition licence, serve a written notice on the holder suspending the licence for such period as is specified in the notice. _(5)_ The suspension of a licence may be subject to the observance by the holder of such conditions as may be specified in the notice served under subregulation (4). _(6)_ The notice is to state the grounds on which the wildlife exhibition licence is suspended. _(7)_ Where the suspension of a wildlife exhibition licence is made subject to the observance of conditions by the holder of the licence, the holder must not contravene or fail to comply with any of those conditions. Penalty: Fine not exceeding 50 penalty units. _42. Disposal of wildlife when licence cancelled_ A person whose wildlife exhibition licence is cancelled under regulation 41 must not dispose of the wildlife kept under the licence - _(a)_ without first obtaining the approval of the Secretary; or _(b)_ contrary to any directions given to the person by the Secretary regarding the disposal of that wildlife. Penalty: Fine not exceeding 50 penalty units. _43. Appeals in respect of wildlife exhibition licences_ _(1)_ A person who is aggrieved by - _(a)_ the refusal of the Secretary to renew a wildlife exhibition licence held by the person; or _(b)_ the cancellation or suspension of a wildlife exhibition licence held by the person - may appeal to the Supreme Court. _(2)_ An appeal under this regulation is to be brought within one month of the notification to the appellant of the decision of the Secretary to which the appeal relates. _(3)_ Where an appeal is brought under this regulation against a decision of the Secretary, the Supreme Court, unless it dismisses the appeal, may quash the decision and direct the Secretary to renew the relevant wildlife exhibition licence or to remove the cancellation or suspension in respect of the relevant wildlife exhibition licence, as the case requires. _(4)_ The Secretary is to give effect to any direction 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 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 place that the authorised officer knows or has reason to suspect is 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 - _(a)_ authorises the holder of the permit to conduct a travelling 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 _(ii)_ from such a place. Penalty: Fine not exceeding 50 penalty units. _(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 - _(a)_ display any wildlife; or _(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_ _(1)_ The holder of a wildlife display permit may appeal to 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 _(ii)_ remove the cancellation or suspension of the permit. _(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: Fine not exceeding 50 penalty units. _(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: Fine not exceeding 50 penalty units. _(5)_ A person must not produce the licence of another person to an authorised officer. Penalty: Fine not exceeding 50 penalty units. _(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: Fine not exceeding 50 penalty units. _(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: Fine not exceeding 50 penalty units. _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_ _Species_ 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 spider _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 _Echinodillo cavaticus_ isopod _Haloniscus searlei_ isopod _Mesacanthotelson setosus_ isopod _Mesacanthotelson tasmaniae_ isopod _Onchotelson brevicaudatus_ isopod _Onchotelson spatulatus_ isopod _Uramphisopus pearsoni_ 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 _Oreixenicaptunarra_ 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_ snail _Pasmaditta jungermanniae_ snail _Roblinella agnewi_ Keeled Snail _Tasmaphena lamproides_ _Amphibians_ _Family_ _Common Name_ _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 Green and Golden Bell Frog _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_ _Common Name_ _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 Yinnietharra Rock-dragon _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.) _Morelia olivacea barroni_ Elapidae Ornamental Snake _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_ _Common Name_ _Species_ Casuariidae Southern Cassowary _Casuariuscasuarius_ Megapodiidae Malleefowl _Leipoa ocellata_ Anatidae Recherche Cape Barren Goose _Cereopsis novaehollandiae grisea_ Procellariidae Blue Petrel _Halobaena caerulea_ Fairy Prion (southern ssp.) _Pachyptila turtur subantarctica_ White-headed Petrel _Pterodroma lessoni_ Gould's Petrel _Pterodroma leucoptera leucoptera_ Soft-plumaged Petrel _Pterodroma mollis_ Kermadec Petrel (western ssp.) _Pterodroma neglecta neglecta_ Diomedeidae Amsterdam Albatross _Diomedea amsterdamensis_ Antipodean Albatross _Diomedea antipodensis_ Tristan Albatross _Diomedea dabbenena_ Southern Royal Albatross _Diomedea epomophora_ Wandering Albatross _Diomedea exulans_ Gibson's Albatross _Diomedea gibsoni_ Northern Royal Albatross _Diomedea sanfordi_ Sooty Albatross _Phoebetria fusca_ Light-mantled Albatross _Phoebetria palpebrata_ Buller's Albatross _Thalassarche bulleri_ Indian Yellow-nosed Albatross _Thalassarche carteri_ Shy Albatross _Thalassarche cauta_ Atlantic Yellow-nosed Albatross _Thalassarche chlororhynchos_ Grey-headed Albatross _Thalassarche chrysostoma_ Chatham Albatross _Thalassarche eremita_ Campbell Albatross _Thalassarche impavida_ Black-browed Albatross _Thalassarche melanophrys_ Pacific Albatross _Thalassarche _nov.__sp. Salvin's Albatross _Thalassarche salvini_ White-capped Albatross _Thalassarche steadi_ Hydrobatidae White-bellied Storm-Petrel (A'asian ssp.) _Fregetta grallaria grallaria_ Wilson's Storm-petrel _Oceanites oceanicus_ Sulidae Abbott's Booby _Sula abbotti_ Phalacrocoracidae Heard Island Shag _Leucocarbo atriceps nivalis_ Macquarie Island Shag _Leucocarbo atriceps purpurascens_ Fregatidae Christmas Island Frigatebird _Fregata andrewsi_ Accipitridae Collared Sparrowhawk _Accipiter cirrhocephalus_ Brown Goshawk _Accipiter fasciatus_ Christmas Island Goshawk _Accipiter fasciatus natalis_ Grey Goshawk _Accipiter novaehollandiae_ Wedge-tailed Eagle (Tasmanian ssp.) _Aquila audax fleayi_ Swamp Harrier _Circus approximans_ Spotted Harrier _Circus assimilis_ Red Goshawk _Erythrotriorchis radiatus_ White-bellied Sea-Eagle _Haliaetus leucogaster_ Brahaminy Kite _Haliastur indus_ Whistling Kite _Haliastur sphenurus_ Black Kite _Milvus migrans_ Osprey _Pandion haliaetus_ Falconidae Brown Falcon _Falco bengora_ Nankeen Kestrel _Falco cenchroides_ Australian Hobby (or Little Falcon) _Falco longipennis_ Peregrine Falcon _Falco peregrinus_ Rallidae Buff-banded Rail (Cocos I. ssp.) _Gallirallus phillipensis andrewsi_ Lord Howe Island Woodhen _Tricholimnas sylvestris_ Turnicidae Black-breasted Button-quail _Turnix melanogaster_ Buff-breasted Button-quail _Turnix olivei_ Abrolhos Painted Button-quail _Turnix varia scintillans_ Pedionomidae Plains-wanderer _Pedionomus torquatus_ Laridae Lesser Noddy _Anous tenuirostris melanops_ Little Tern _Sterna albifrons sinensis_ Fairy Tern _Sterna nereis_ White-fronted Tern _Sterna striata_ Antarctic Tern (New Zealand ssp.) _Sterna vittatabethunei_ Antarctic Tern (Indian & Atlantic Ocean ssp.) _Sterna vittata vittata_ Columbidae Squatter Pigeon (southern ssp.) _Geophaps scripta scripta_ Partridge Pigeon (western ssp.) _Geophaps smithii blaauwi_ Partridge Pigeon (eastern ssp.) _Geophaps smithii smithii_ South-eastern Red-tailed Black Cockatoo _Calyptorhynchus banksii graptogyne_ Baudin's Black Cockatoo _Calyptorhynchus baudinii_ Glossy Black Cockatoo (Kangaroo I. ssp.) _Calyptorhynchus lathami halmaturinus_ Carnaby's Black Cockatoo _Calyptorhynchus latirostris_ Psittacidae Norfolk Island Green Parrot _Cyanoramphus novaezelandiae cookii_ Coxen's Fig-parrot _Cyclopsitta diophthalma coxeni_ Swift Parrot _Lathamus discolor_ Orange-bellied Parrot _Neophema chrysogaster_ Night Parrot _Pezoporus occidentalis_ Ground Parrot _Pezoporus wallicus_ Western Ground Parrot _Pezoporus wallicus flaviventris_ Paradise Parrot _Psephotus pulcherrimus_ Strigidae Christmas Island Hawk-owl _Ninox natalis_ Southern Boobook _Ninox novaeseelandiae_ Norfolk Island Boobook Owl _Ninox novaeseelandiae undulata_ Tytonidae Barn Owl _Tyto alba_ Masked Owl _Tyto novaehollandiae_ Sooty Owl _Tyto tenebricosa_ Podargidae Tawny Frogmouth _Podargus strigoides_ Aegothelidae Australian Owlet-nightjar _Aegotheles cristatus_ Atrichornithidae Noisy Scrub-bird _Atrichornis clamosus_ Maluridae Thick-billed Grasswren (eastern ssp.) _Amytornis textilis modestus_ Thick-billed Grasswren (Gawler Ra. ssp.) _Amytornis textilis myall_ Western Grasswren (western ssp.) _Amytornis textilis textilis_ Purple-crowned Fairy-wren (western ssp.) _Malurus coronatus coronatus_ Barrow Island Black-and-white Fairy-wren _Malurus leucopterus edouardi_ Dirk Hartog Black-and-white Fairy-wren _Malurus leucopterus leucopterus_ Mount Lofty Southern Emu-wren _Stipiturus malachurus intermedius_ Eyre Peninsula Southern Emu-wren _Stipiturus malachurus parimeda_ Mallee Emu-wren _Stipiturus mallee_ Pardalotidae Slender-billed Thornbill (western ssp.) _Acanthiza iredalei iredalei_ Brown Thornbill (King Island ssp.) _Acanthiza pusilla archibaldi_ Eastern Bristlebird _Dasyornis brachypterus_ Western Bristlebird _Dasyornis longirostris_ Forty-spotted Pardalote _Pardalotus quadragintus_ Meliphagidae HelmetedHoneyeater _Lichenostomus melanops cassidix_ Black-eared Miner _Manorina melanotis_ Regent Honeyeater _Xanthomyza phrygia_ Petroicidae Scarlet Robin (Norfolk Island ssp.) _Petroica multicolor multicolor_ Cinclosmatidae Western Whipbird (eastern ssp.) _Psophodes nigrogularis leucogaster_ Western Whipbird (western heath ssp.) _Psophodes nigrogularis nigrogularis_ Western Whipbird (western mallee ssp.) _Psophodes nigrogularis oberon_ Pachycephalidae Crested Shrike-tit (northern ssp.) _Falcunculus frontatus whitei_ Golden Whistler (Norfolk Is. ssp.) _Pachycephala pectoralis xanthoprocta_ Red-lored Whistler _Pachycephala rufogularis_ Artamidae Lord Howe Island Currawong _Strepera graculina crissalis_ Passeridae Crimson Finch (white-bellied ssp.) _Neochmia phaeton evangelinae_ Star Finch (eastern ssp) _Neochmia ruficauda ruficauda_ Black-throated Finch (southern ssp.) _Poephila cincta cincta_ _Mammals_ _Order or Family_ _Common Name_ _Species_ Myrmecobiidae Numbat _Myrmecobius fasciatus_ Dasyuridae Kowari _Dasycercus byrnei_ Mulgara _Dasycercus cristicauda_ Ampurta _Dasycercus hillieri_ Chuditch _Dasyurus geoffroii_ Spotted-tailed Quoll or Yarri (N. Qld. ssp.) _Dasyurus maculatus gracilis_ Spotted-tailed Quoll (SE mainland & Tas. ssp.) _Dasyurus maculatus maculatus_ Dibbler _Parantechinus apicalis_ Red-tailed Phascogale _Phascogale calura_ Carpentarian Antechinus _Pseudantechinus mimulus_ Kangaroo Island Dunnart _Sminthopsis aitkeni_ Butler's Dunnart _Sminthopsis butleri_ Julia Creek Dunnart _Sminthopsis douglasi_ Boullanger Island Dunnart _Sminthopsis griseoventerboullangerensis_ Sandhill Dunnart _Sminthopsis psammophila_ Peramelidae Golden Bandicoot (mainland) _Isoodon auratus auratus_ Golden Bandicoot (Barrow Island) _Isoodon auratus barrowensis_ Southern Brown Bandicoot (Nuyts Archipelago) _Isoodon obesulus nauticus_ Western Barred Bandicoot (Shark Bay) _Perameles bougainville bougainville_ Eastern Barred Bandicoot (Tasmania) _Perameles gunnii gunnii_ Eastern Barred Bandicoot (mainland) _Perameles gunnii _unnamed ssp. Thylacomyidae Greater Bilby _Macrotis lagotis_ Notoryctidae Karkarratul (Northern Marsupial Mole) _Notoryctes caurinus_ Yitjarritjarri (Southern Marsupial Mole) _Notoryctes typhlops_ Vombatidae Northern Hairy-nosed Wombat _Lasiorhinus krefftii_ Common Wombat (Bass Strait) _Vombatus ursinus ursinus_ Potoroidae Boodie or Burrowing Bettong (Shark Bay) _Bettongia lesueur lesueur_ Boodie or Burrowing Bettong (Barrow & Boodie Islands) _Bettongia lesueur _unnamed ssp. Northern Bettong _Bettongia tropica_ Gilbert's Potoroo _Potorous gilberti_ Long-footed Potoroo _Potorous longipes_ Long-nosed Potoroo (south-east mainland) _Potorous tridactylus tridactylus_ Macropodidae Spectacled Hare-wallaby (Barrow Island) _Lagorchestes conspicillatus conspicillatus_ Rufous Hare-wallaby (Bernier Island) _Lagorchestes hirsutus bernieri_ Rufous Hare-wallaby (Dorre Island) _Lagorchestes hirsutus dorreae_ Mala or Rufous Hare-wallaby _Lagorchestes hirsutus _unnamed ssp. Banded Hare-wallaby or Marnine or Munning _Lagostrophus fasciatus fasciatus_ Barrow Island Euro _Macropus robustus isabellinus_ Bridled Nailtail Wallaby _Onychogalea fraenata_ Recherche Rock-wallaby _Petrogale lateralis hackettii_ Black-flanked Rock-wallaby _Petrogale lateralis lateralis_ Warru or Black-footed Rock-wallaby (MacDonnell Ranges race) _Petrogale lateralis _MacDonnell Ranges race Pearson Island Rock-wallaby _Petrogale lateralis pearsoni_ Black-footed Rock-wallaby (West Kimberley race) _Petrogale lateralis _West Kimberley race Brush-tailed Rock-wallaby _Petrogale penicillata_ Proserpine Rock-wallaby _Petrogale persephone_ Yellow-footed Rock-wallaby (S. Aust. & NSW) _Petrogale xanthopus xanthopus_ Quokka _Setonix brachyurus_ Burramyidae Mountain Pygmy-possum _Burramys parvus_ Petauridae Leadbeater's Possum _Gymnobelideus leadbeateri_ Fluffy or Yellow-bellied Glider (Wet Tropics) _Petaurus australis _unnamed ssp. Mahogany Glider _Petaurus gracilis_ Western Ringtail _Pseudocheirus occidentalis_ Microchiroptera Ghost Bat _Macroderma gigas_ Otariidae New Zealand Fur Seal _Arctocephalus forsteri_ Australian Fur Seal _Arctocephalus pusillus_ Leopard Seal _Hydrurga leptonyx_ Crab-eater Seal _Lobodon carcinophagus_ Australian Sea-lion _Neophoca cinerea_ Phocidae Southern Elephant Seal _Mirounga leonina_ Cetacea Sei Whale _Balaenoptera borealis_ Blue Whale _Balaenoptera musculus_ Fin Whale _Balaenoptera physalus_ Southern Right Whale _Eubalaena australis_ Humpback Whale _Megaptera novaeangliae_ Muridae Christmas Island Shrew _Crocidura attenuata trichura_ Wopilkara or Greater Stick-nest Rat _Leporillus conditor_ Bramble Cay Melomys _Melomys rubicola_ Golden-backed Tree-rat _Mesembriomys macrurus_ Northern Hopping-mouse _Notomys aquilo_ Wilkinti or Dusky Hopping-mouse _Notomys fuscus_ Plains Rat _Pseudomys australis_ Djoongari _Pseudomys fieldi_ Konoom or Smoky Mouse _Pseudomys fumeus_ New Holland Mouse _Pseudomys novaehollandiae_ Hastings River Mouse _Pseudomys oralis_ Pilliga Mouse _Pseudomys pillagaensis_ Dayang or Heath Rat _Pseudomys shortridgei_ False Water-rat _Xeromys myoides_ Carpentarian Rock-rat _Zyzomys palatalis_ Central Rock-rat _Zyzomys pedunculatus_ _SCHEDULE 2 - Protected wildlife_ Regulation 3(1) _Invertebrates_ _Order_ _Common Name_ _Species_ Opiliones cave harvestman _Lomanella _spp. cave harvestman _Monoxyomma _spp. Pseudoscorpionida pseudoscorpion _Pseudotyrannochthonius tasmanicus_ Orthoptera cave crickets _Cavernotettix _spp. Cave crickets _Micropathus _spp. __except_ kiernani_ cave crickets _Parvotettix _spp. __except_ rangaensis_ Diptera Tasmanian Glow-worm _Arachnocampa tasmaniensis_ _Amphibians_ _Family_ _Common Name_ _Species_ Myobatrachidae (Leptodactylidae) Moss Froglet _Bryobatrachus nimbus_ Common Froglet _Crinia signifera_ Tasmanian Froglet _Crinia tasmaniensis_ Smooth Froglet _Geocrinia laevis_ Eastern Banjo Frog _Limnodynastes dumerilii_ Striped Marsh Frog _Limnodynastes peronii_ Spotted Marsh Frog _Limnodynastes tasmaniensis_ Southern Toadlet _Pseudophryne semimarmorata_ Hylidae Tasmanian Tree Frog _Litoria burrowsae_ Brown Tree Frog _Litoria ewingii_ _Reptiles_ _Order or Family_ _Common Name_ _Species_ Agamidae Mountain Dragon _Tympanocryptis diemensis_ Scincidae Three-lined Skink _Bassiana duperreyi_ She-oak Skink _Cyclodomorphus casuarinae_ Whites Skink _Egernia whitii_ Delicate Skink _Lampropholis delicata_ Bougainvilles Skink _Lerista bougainvillii_ Northern Snow Skink _Niveoscincus greeni_ Metallic Skink _Niveoscincus metallicus_ Southern Snow Skink _Niveoscincus microlepidotus_ Spotted Skink _Niveoscincus ocellatus_ Mountain Skink _Niveoscincus orocryptus_ Tasmanian Tree Skink _Niveoscincus pretiosus_ Southern Grass Skink _Pseudemoia entrecasteauxii_ Tussock Skink _Pseudemoia pagenstecheri_ Glossy Grass Skink _Pseudemoia rawlinsoni_ Blotched Blue-tongue Skink _Tiliqua nigrolutea_ Elapidae Copperhead Snake _Austrelaps superbus_ White-lipped (Whip) Snake _Drysdalia coronoides_ Tiger Snake _Notechis ater_ Hydrophiidae Spotted Sea Snake _Hydrophis ornatus_ Yellow-bellied Sea Snake _Pelamis platurus_ Laticaudidae Black-banded Sea Snake _Laticauda laticaudata_ _Birds_ _Family_ _Common Name_ _Species_ Anatidae Australasian (or Blue-winged) Shoveler _Anas rhynchotis_ Hardhead (or White-eyed Duck) _Aythya australis_ Musk Duck _Biziura lobata_ Cape Barren Goose _Cereopsis novaehollandiae_ Black Swan _Cygnus atratus_ Pink-eared Duck _Malacorhynchus membranaceus_ Blue-billed Duck _Oxyura australis_ Freckled Duck _Stictonetta naevosa_ Podicipedidae Great Crested Grebe _Podiceps cristatus_ Hoary-headed Grebe _Poliocephalus poliocephalus_ Australasian Grebe _Tachybaptus novaehollandiae_ Spheniscidae Emperor Penguin _Aptenodytes forsteri_ King Penguin _Aptenodytes patagonicus_ Rockhopper Penguin _Eudyptes chrysocome_ Macaroni Penguin _Eudyptes chrysolophus_ Fiordland Penguin _Eudyptes pachyrhynchus_ Snares Penguin _Eudyptes robustus_ Royal Penguin _Eudyptes schlegeli_ Erect-crested Penguin _Eudyptes sclateri_ Little Penguin _Eudyptula minor_ Adelie Penguin _Pygoscelis adeliae_ Chinstrap Penguin _Pygoscelis antarctica_ Gentoo Penguin _Pygoscelis papua_ Procellariidae Cape Petrel _Daption capense_ Antarctic (or Southern) Fulmar _Fulmarus glacialoides_ Southern Giant-Petrel _Macronectes giganteus_ Northern Giant-Petrel _Macronectes halli_ Slender-billed Prion _Pachyptila belcheri_ Antarctic Prion _Pachyptila desolata_ Salvin's Prion _Pachyptila salvini_ Fairy Prion _Pachyptila turtur_ Broad-billed Prion _Pachyptila vittata_ Common Diving-Petrel _Pelecanoides urinatrix_ White-chinned Petrel _Procellaria aequinoctialis_ Grey Petrel _Procellaria cinerea_ Westland Petrel _Procellaria westlandica_ Barau's Petrel _Pterodroma baraui_ Mottled Petrel _Pterodroma inexpectata_ Great-winged Petrel _Pterodroma macroptera_ Black-winged Petrel _Pterodroma nigripennis_ Little Shearwater _Puffinus assimilis_ Buller's Shearwater _Puffinus bulleri_ Fluttering Shearwater _Puffinus gavia_ Sooty Shearwater _Puffinus griseus_ Hutton's Shearwater _Puffinus huttoni_ Antarctic Petrel _Thalassoica antarctica_ Hydrobatidae White-bellied Storm-Petrel _Fregetta grallaria_ Black-bellied Storm-Petrel _Fregetta tropica_ Grey-backed Storm-Petrel _Garrodia nereis_ White-faced Storm-Petrel _Pelagodroma marina_ Sulidae Australasian Gannet _Morus serrator_ Phalacrocoracidae Black-faced Cormorant _Phalacrocorax fuscescens_ Little Black Cormorant _Phalacrocorax sulcirostris_ Pied Cormorant _Phalacrocorax varius_ Pelecanidae Australian Pelican _Pelecanus conspicillatus_ Ardeidae Great Egret _Ardea alba_ Cattle Egret _Ardea ibis_ White-necked Heron _Ardea pacifica_ Australasian Bittern _Botaurus poiciloptilus_ Little Egret _Egretta garzetta_ White-faced Heron _Egretta novaehollandiae_ Eastern Reef Egret _Egretta sacra_ Nankeen Night Heron _Nycticorax caledonicus_ Threskiornithidae Royal Spoonbill _Platelea regia_ Glossy Ibis _Plegadis falcinellus_ Australian White Ibis _Threskiornis molucca_ Straw-necked Ibis _Threskiornis spinicollis_ Rallidae Eurasian Coot _Fulica atra_ Tasmanian Native Hen _Gallinula mortierii_ Buff-banded Rail _Gallirallus philippensis_ Purple Swamphen _Porphyrio porphyrio_ Australian Spotted Crake _Porzana fluminea_ Baillon's Crake _Porzana pusilla_ Spotless Crake _Porzana tabuensis_ Lewin's Rail _Rallus pectoralis_ Turnicidae Painted Button-quail _Turnix varia_ Scolopacidae Ruddy Turnstone _Arenaria interpres_ Sharp-tailed Sandpiper _Calidris acuminata_ Sanderling _Calidris alba_ Baird's Sandpiper _Calidris bairdii_ Red Knot _Calidris canutus_ Curlew Sandpiper _Calidris ferruginea_ Pectoral Sandpiper _Calidris melanotos_ Red-necked Stint _Calidris ruficollis_ Great Knot _Calidris tenuirostris_ Latham's Snipe _Gallinago hardwickii_ Grey-tailed Tattler _Heteroscelus brevipes_ Bar-tailed Godwit _Limosa lapponica_ Black-tailed Godwit _Limosa limosa_ Eastern Curlew _Numenius madagascariensis_ Little Curlew (or Little Whimbrel) _Numenius minutus_ Whimbrel _Numenius phaeopus_ Red-necked phalarope _Phalaropus lobatus_ Wood Sandpiper _Tringa glareola_ Common Greenshank _Tringa nebularia_ Marsh Sandpiper (or Little Greenshank) _Tringa stagnatilis_ Terek Sandpiper _Xenus cinereus_ Rostratulidae Painted Snipe _Rostratula benghalensis_ Burhinidae Bush Stone-curlew _Burhinus grallarius_ Haematopodidae Sooty Oystercatcher _Haematopus fuliginosus_ Pied Oystercatcher _Haematopus longirostris_ Recurvirostridae Banded Stilt _Cladorhynchus leucocephalus_ Black-winged Stilt _Himantopus himantopus_ Red-necked Avocet _Recurvirostra novaehollandiae_ Charadriidae Double-banded Plover _Charadrius bicinctus_ Greater Sand Plover _Charadrius leschenaultii_ Lesser Sand Plover _Charadrius mongolus_ Red-capped Plover _Charadrius ruficapillus_ Oriental Plover _Charadrius veredus_ Black-fronted Dotterel _Elseyornis melanops_ Red-kneed Dotterel _Erythrogonys cinctus_ Pacific Golden Plover _Pluvialis fulva_ Grey Plover _Pluvialis squatarola_ Hooded Plover _Thinornis rubricollis_ Masked Lapwing _Vanellus miles_ Banded Lapwing _Vanellus tricolor_ Laridae Great Skua _Catharacta skua_ Whiskered Tern _Chlidonias hybridus_ White-winged Black Tern _Chlidonias leucopterus_ Kelp (or SouthernBlack-backed) Gull _Larus dominicanus_ Silver Gull _Larus novaehollandiae_ Pacific Gull _Larus pacificus_ Topknot Pigeon _Lopholaimus antarcticus_ Arctic Jaeger _Stercorarius parasiticus_ Crested Tern _Sterna bergii_ Caspian Tern _Sterna caspia_ Columbidae Common Bronzewing _Phaps chalcoptera_ Brush Bronzewing _Phaps elegans_ Superb Fruit-Dove _Ptilinopus superbus_ Arctic Tern _Sterna paradisaea_ Cacatuidae Major Mitchell Cockatoo _Cacatua leadbeateri_ Gang-gang Cockatoo _Callocephalon fimbriatum_ Red-tailed Black Cockatoo _Calyptorhynchus banksii_ Yellow-tailed Black Cockatoo _Calyptorhynchus funereus_ Glossy Black Cockatoo _Calyptorhynchus lathami_ Psittacidae Musk Lorikeet _Glossopsitta concinna_ Blue-winged Parrot _Neophema chrysostoma_ Green Rosella _Platycercus caledonicus_ Eastern Rosella _Platycercus eximius_ Cuculidae Fan-tailed Cuckoo _Cacomantis flabelliformis_ Horsfield's Bronze-Cuckoo _Chrysococcyx basalis_ Shining Bronze-Cuckoo _Chrysococcyx lucidus_ Pallid Cuckoo _Cuculus pallidus_ Apodidae Fork-tailed Swift _Apus pacificus_ White-throated Needletail _Hirundapus caudacutus_ Alcedinidae Azure Kingfisher _Alcedo azurea_ Halcyonidae Sacred Kingfisher _Todiramphus sanctus_ Coraciidae Dollarbird _Eurystomus orientalis_ Menuridae Superb Lyrebird _Menuranovaehollandiae_ Climacteridae White-throated Treecreeper _Cormobates leucophaeus_ Maluridae Superb Fairy-wren _Malurus cyaneus_ Southern Emu-wren _Stipiturus malachurus_ Pardalotidae Yellow-rumped Thornbill _Acanthiza chrysorrhoa_ Tasmanian Thornbill _Acanthiza ewingii_ Brown Thornbill _Acanthiza pusilla_ Scrubtit _Acanthornis magnus_ Striated Fieldwren _Calamanthus fuliginosus_ Spotted Pardalote _Pardalotus punctatus_ Striated Pardalote _Pardalotus striatus_ Tasmanian Scrubwren _Sericornis humilis_ Meliphagidae Eastern Spinebill _Acanthorhynchus tenuirostris_ Little Wattlebird _Anthochaera chrysoptera_ Yellow Wattlebird _Anthochaera paradoxa_ White-fronted Chat _Ephthianura albifrons_ Yellow-throated Honeyeater _Lichenostomus flavicollis_ Noisy Miner _Manorina melanocephala_ Black-headed Honeyeater _Melithreptus affinis_ Strong-billed Honeyeater _Melithreptus validirostris_ Tawny-crowned Honeyeater _Phylidonyris melanops_ New Holland Honeyeater _Phylidonyris novaehollandiae_ Crescent Honeyeater _Phylidonyris pyrrhoptera_ Petroicidae Dusky Robin _Melanodryas vittata_ Scarlet Robin _Petroica multicolor_ Flame Robin _Petroica phoenicea_ Pink Robin _Petroica rodinogaster_ Pachycephalidae Grey Shrike-thrush _Colluricincla harmonica_ Olive Whistler _Pachycephala olivacea_ Golden Whistler _Pachycephala pectoralis_ Dicruridae Satin Flycatcher _Myiagra cyanoleuca_ Leaden Flycatcher _Myiagra rubecula_ Grey Fantail _Rhipidura fuliginosa_ Campephagidae Black-faced Cuckoo-shrike _Coracina novaehollandiae_ White-winged Triller _Lalage sueurii_ Artamidae Dusky Woodswallow _Artamus cyanopterus_ White-browed Woodswallow _Artamus superciliosus_ Grey Butcherbird _Cracticus torquatus_ Australian Magpie _Gymnorhina tibicen_ Black Currawong _Strepera fuliginosa_ Grey Currawong _Strepera versicolor_ Corvidae Little Raven _Corvus mellori_ Motacillidae Richard's (or Australian) Pipit _Anthus novaeseelandiae_ Passeridae Beautiful Firetail _Stagonopleura bella_ Hirundinidae Fairy Martin _Hirundo ariel_ Welcome Swallow _Hirundo neoxena_ Tree Martin _Hirundo nigricans_ Sylviidae Clamorous Reed-Warbler _Acrocephalus stentoreus_ Golden-headed Cisticola _Cisticola exilis_ Little Grassbird _Megalurus gramineus_ Zosteropidae Silvereye _Zosterops lateralis_ Muscicapidae Bassian Thrush _Zoothera lunulata_ _Mammals_ _Order or Family_ _Common Name_ _Species_ Monotremata Platypus _Ornithorhynchus anatinus_ Echidna _Tachyglossus aculeatus_ Dasyuridae Swamp Antechinus _Antechinus minimus_ Dusky Antechinus _Antechinus swainsonii_ Eastern Quoll _Dasyurus viverrinus_ Tasmanian Devil _Sarcophilus harrisii_ White-footed Dunnart _Sminthopsis leucopus_ Peramelidae Southern Brown Bandicoot _Isoodon obesulus_ Potoroidae Tasmanian Bettong _Bettongia gaimardi_ Long-nosed Potoroo _Potorous tridactylus_ Macropodidae Forester Kangaroo _Macropus giganteus_ Burramyidae Little (Tasmanian) Pygmy Possum _Cercartetus lepidus_ Eastern Pygmy Possum _Cercartetus nanus_ Petauridae Sugar Glider _Petaurus breviceps_ Ringtail Possum _Pseudocheirus peregrinus_ Megachiroptera fruit bats _Pteropus _spp. Microchiroptera Gould's Wattled Bat _Chalinolobus gouldi_ Chocolate Wattled Bat _Chalinolobus morio_ Great Pipistrelle Bat _Falsistrellus tasmaniensis_ Lesser Long-eared Bat _Nyctophilus geoffroyi_ Greater Long-eared Bat _Nyctophilus timoriensis_ Large Forest Bat _Vespadelus darlingtoni_ Southern Forest Bat _Vespadelus regulus_ Little Forest Bat _Vespadelus vulturnus_ Otariidae Antarctic Fur Seal _Arctocephalus gazella_ Subantarctic Fur Seal _Arctocephalus tropicalis_ New Zealand Sea-lion _Phocaratos hookeri_ Phocidae Weddell Seal _Leptonychotes weddellii_ Cetacea All whales and dolphins of the order Cetacea, excluding those listed in Schedule 1 All species of _Cetacea _excluding those listed in Schedule 1 Muridae Water Rat _Hydromys chrysogaster_ Broad-toothed Rat _Mastacomys fuscus_ Long-tailed Mouse _Pseudomys higginsi_ Velvet-furred (Eastern Swamp) Rat _Rattus lutreolus_ _SCHEDULE 3 - Protected wildlife which may be bought, sold or held without a permit_ Regulations 3(1) and 16(2) _Birds_ _Family_ _Common Name_ _Species_ Phasianidae Stubble Quail _Coturnix pectoralis_ Cacatuidae Sulphur-crested Cockatoo _Cacatua galerita_ Galah _Cacatua roseicapilla_ Western Long-billed Corella (southern ssp.) _Cacatua pastinator pastinator_ Fringillidae Gouldian Finch _Erythrura gouldiae_ Psittacidae Rainbow Lorikeet _Trichoglossus haematodus_ Little Lorikeet _Glossopsitta pusilla_ Alexandra's Parrot _Polytelis alexandrae_ Regent Parrot (eastern ssp.) _Polytelis anthopeplus anthopeplus_ Superb Parrot _Polytelis swainsonii_ Golden-shouldered Parrot _Psephotus chrysopterygius_ Hooded Parrot _Psephotus dissimilis_ _SCHEDULE 4 - Partly protected wildlife_ Regulations 3(1) and 17 _Birds_ _Family_ _Common Name_ _Species_ Phasianidae Brown Quail _Coturnix ypsilophora_ Common Pheasant _Phasianus colchicus_ Anatidae Chestnut Teal _Anas castanea_ Grey Teal _Anas gracilis_ Pacific Black Duck _Anas superciliosa_ Australian Shelduck (Mountain Duck) _Tadorna tadornoides_ Australian Wood Duck _Chenonetta jubata_ Procellariidae Short-tailed Shearwater (Muttonbird) _Puffinus tenuirostris_ _Mammals_ _Family_ _Common Name_ _Species_ Vombatidae Wombat _Vombatus ursinus tasmaniensis_ Phalangeridae Brushtail Possum _Trichosurus vulpecula_ Macropodidae Bennett's (or Red-necked) Wallaby _Macropus rufogriseus_ Tasmanian Pademelon (or Rufous Wallaby) _Thylogale billardierii_ Cervidae European Fallow Deer that are not farm deer _Dama dama dama_ _SCHEDULE 5 - Prohibited animals_ Regulation 3(3) _Birds_ _Family_ _Common Name_ _Species_ Rallidae Weka _Gallirallus australis_ Columbidae Ringneck Dove _Streptopelia capicola_ Collared Dove _Streptopelia decaocto_ Passeridae White-winged Whydah (or Widowbird) _Euplectes albonotatus_ Spice Finch (Nutmeg Mannikin) _Lonchura punctulata_ Eurasian Tree Sparrow _Passer montanus_ Red-billed Quelea _Quelea quelea_ Fringillidae Mexican Rose Finch (House Finch) _Carpodacus mexicanus_ Yellowhammer _Emberiza citrinella_ Chaffinch _Fringilla coelebs_ Bullfinch _Pyrrhula pyrrhula_ Pycnonotidae Red-vented Bulbul _Pycnonotus cafer_ Red-whiskered Bulbul _Pycnonotus jocosus_ Muscicapidae Song Thrush _Turdus philomelos_ Sturnidae Indian Mynah _Acridotheres tristis_ _Reptiles_ _Family_ _Common Name_ _Species_ Carettochelydidae Freshwater turtle All members of family _Carettochelydidae_ Chelidae Freshwater turtle All members of family _Chelidae_ Emydidae Red-eared slider turtle _Trachemys scripta_ _SCHEDULE 6 - Restricted wildlife_ Regulations 3(1) and 18 _Amphibians_ _Order or Family_ _Common Name_ _Species_ Bufonidae Marine (or Cane) Toad _Bufo marinus_ Caudata Caudates (Newts, salamanders, etc.) all kinds Mexican Axolotl _Ambystoma mexicanum_ Fire-bellied Newt _Cynops pyrrogaster_ Warty (Crested) Newt _Triturus cristatus_ Common Newt _Triturus vulgaris_ _SCHEDULE 7 - Domestic stock_ Regulation 3(4) Birds _Family_ _Common Name_ _Species_ Struthionidae Ostrich Ostriches, all kinds Phasianidae Japanese Quail _Coturnix japonica_ Domestic Fowl _Gallus gallus_ Domestic Turkey _Meleagris gallopavo_ Anatidae Mallard Duck _Anas platyrhynchos_ Domestic Goose _Anser anser_ Domestic (Chinese) Goose _Anser cygnoides_ Mandarin Duck _Aix galericulata_ Muscovy Duck _Cairina moschata_ Columbidae Domestic Pigeon _Columbia livia_ Mammals _Family_ _Common Name_ _Species_ Equidae Donkey _Equus asinus_ Horse _Equus caballus_ Suidae Pig _Sus scrofa_ Camelidae Camels, Alpacas, Llamas, Vicunas Camelids, all kinds Bovidae Indian cattle _Bos indicus_ European cattle _Bos taurus_ Goat _Capra hircus_ Sheep _Ovis aries_ Caviidae Guinea Pig _Cavia procellus_ Leporidae European rabbit _Oryctolagus cuniculus_ _SCHEDULE 8_ _SCHEDULE 9 - Licences_ Regulations 5, 6 and 9 _PART 1 - Skin dealer's licences_ Name of licence Authority given by licence Fee (Fee Units) Fauna dealer's licence (skins) A licence authorising the holder, during a period of 12 months ending on 31 December in any year - 50 (a) to buy untreated skins and unmarked skins; and (b) to sell any skins (including untreated skins) that are not unmarked skins. _PART 2 - Wallaby licences_ Name of licence Authority given by licence Fee (Fee Units) Commercial wallaby hunter's licence A licence authorising the holder - 40 (a) to take wallaby during the open season specified in the licence; and (b) to sell the skins of any wallaby taken by the holder under the licence; and (c) to sell the meat of any wallaby taken by the holder under the licence to the holder of a licence in respect of any licensed game meat processing works or licensed pet food works, within the meaning of the _Meat Hygiene Act 1985_, or to the person in charge of the operation of any licensed game meat processing works or licensed pet food works, within the meaning of that Act. Wallaby licence A licence authorising the holder to take wallaby during the open season specified in the licence. 20 _PART 3 - Muttonbird licences_ Name of licence Authority given by licence Fee (Fee Units) Commercial muttonbird catcher's licence A licence authorising the holder - 0 (a) to take juvenile muttonbirds on the rookeries specified in the licence during the open season specified in the licence; and (b) to sell any juvenile muttonbirds taken by the holder in pursuance of the licence to a person who is authorised under the _Meat Hygiene Act 1985_ to process juvenile muttonbirds or to the person in charge of any such authorised operation. Muttonbird licence A licence authorising the holder to take during the open season specified in the licence, in any one day, the following number of juvenile muttonbirds: 20 (a) in the Bass Strait Islands - 25; and (b) elsewhere - 15. _PART 4 - Other licences_ Name of licence Authority given by licence Fee (Fee Units) Deer licence A licence authorising the holder to take deer during the open season specified in the licence. 45 Duck licence A licence authorising the holder to take wild duck during the open season specified in the licence. 20 Pheasant licence A licence authorising the holder to take adult male pheasant during the open season specified in the licence. 10 Brown quail A licence authorising the holder to take brown quail during the open season specified in the licence. 20 _SCHEDULE 10 - Royalties_ Regulation 22 In respect of each skin of - (a) a wallaby; and 20 cents (b) a brushtail possum. 30 cents _SCHEDULE 11 - Prescribed offences in relation to which an infringement notice may be issued_ Regulation 57 Column 1 Column 2 Column 3 Item No. Regulation Penalty (penalty units) 1. 6(9) 1.5 2. 7(1) 2 3. 7(2) 2 3A. 8 2 4. 14(3) 1.5 5. 21(6) 1 6. 24(1) 1 7. 25(4) 2 7A. 26(2) 2 8. 30(1) 1 9. 30(3) 1 10. 32(4)(b) 1 11. 33(3) 2 12. 33(4) 2 13. 33(5) 2 14. 33(6) 2 15. 34(5) 2 16. 55(1) 1 17. 55(2) 1 18. 55(5) 2 19. 55(6)(a) 2 20. 55(6)(b) 2 Displayed and numbered in accordance with the _Rules Publication Act 1953_. Notified in the _Gazette_ on 22 December 1999. These regulations are administered in the Department of Primary Industries, Water and Environment. _Table Of Amendments_ Citation Serial Number Date of commencement 1Wildlife Regulations 1999 S.R. 1999, No. 168 1.1.2000 Wildlife Amendment Regulations 2000 S.R. 2000, No. 44 31.5.2000 Wildlife Amendment (Open Season) Regulations 2000 S.R. 2000, No. 230 27.12.2000 Wildlife Amendment Regulations 2001 S.R. 2001, No. 29 4.4.2001 Wildlife Amendment (Open Season) Regulations 2001 S.R. 2001, No. 162 1.1.2002 National Parks and Wildlife Separation (Consequential Amendments) Act 2002 No. 64 of 2002 31.12.2002 Wildlife Amendment (Open Season) Regulations 2003 S.R. 2003, No. 169 1.1.2004 Wildlife Amendment Regulations 2004 S.R. 2004, No. 72 1.9.2004 Wildlife Amendment Regulations 2005 S.R. 2005, No. 12 5.3.2005 Wildlife Amendment (Deer Farming) Regulations 2005 S.R. 2005, No. 67 29.6.2005 Wildlife Amendment Regulations 2006 S.R. 2006, No. 15 1.3.2006 Wildlife Amendment Regulations 2007 S.R. 2007, No. 5 28.2.2007 Wildlife Amendment Regulations (No. 2) 2007 S.R. 2007, No. 49 16.7.2007 Wildlife Amendment Regulations (No. 3) 2007 S.R. 2007, No. 70 15.8.2007 Wildlife Amendment Regulations 2008 S.R. 2008, No. 123 22.10.2008 1The {\i Wildlife Regulations 1999} expired on 22 December 2009. ______________________________________________________________________ CURRENT VIEW: _22 Oct 2008 - 22 Dec 2009_ ______________________________________________________________________ VIEW THE SESSIONAL VERSION ______________________________________________________________________