Tasmanian Consolidated Regulations Tasmanian Consolidated Regulations
(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) . . . . . . . .