AustLII Tasmanian Consolidated Regulations

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WILDLIFE REGULATIONS 1999 - REG 17

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.



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