Tasmanian Consolidated Regulations

WILDLIFE REGULATIONS 1999 - REG 36

      (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 –

(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.