{"id":"qld:sl-2020-0136","name":"Nature Conservation (Animals) Regulation 2020","slug":"nature-conservation-animals-regulation-2020","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"136 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173981,"registerId":"qld-sl-2020-0136-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Nature Conservation (Animals) Regulation 2020 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 22 August 2020.","sortOrder":2},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 7 defines particular words used in this regulation.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of commercial purpose","content":"### sec.4 Meaning of commercial purpose\n\nA person acts for a commercial purpose if the person acts for gain or reward.\nWithout limiting subsection (1) , a person acts for a commercial purpose if—\nthe person takes, keeps or uses an animal—\nas part of a business; or\nfor a home-based business, home occupation, or similar business, under a local law or a planning scheme; or\nthe person buys or sells an animal and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the animal; or\nthe person takes or uses an animal while carrying on a business that involves buying or selling animals of the same species; or\nthe person brings an animal, or has an animal brought, into the State for the main purpose of selling the animal; or\nthe person displays an animal—\nin a public place in a way that another person may reasonably believe it is for sale; or\nin a way that promotes a particular product or service or a business.\n(sec.4-ssec.1) A person acts for a commercial purpose if the person acts for gain or reward.\n(sec.4-ssec.2) Without limiting subsection (1) , a person acts for a commercial purpose if— the person takes, keeps or uses an animal— as part of a business; or for a home-based business, home occupation, or similar business, under a local law or a planning scheme; or the person buys or sells an animal and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the animal; or the person takes or uses an animal while carrying on a business that involves buying or selling animals of the same species; or the person brings an animal, or has an animal brought, into the State for the main purpose of selling the animal; or the person displays an animal— in a public place in a way that another person may reasonably believe it is for sale; or in a way that promotes a particular product or service or a business.\n- (a) the person takes, keeps or uses an animal— (i) as part of a business; or (ii) for a home-based business, home occupation, or similar business, under a local law or a planning scheme; or\n- (i) as part of a business; or\n- (ii) for a home-based business, home occupation, or similar business, under a local law or a planning scheme; or\n- (b) the person buys or sells an animal and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the animal; or\n- (c) the person takes or uses an animal while carrying on a business that involves buying or selling animals of the same species; or\n- (d) the person brings an animal, or has an animal brought, into the State for the main purpose of selling the animal; or\n- (e) the person displays an animal— (i) in a public place in a way that another person may reasonably believe it is for sale; or (ii) in a way that promotes a particular product or service or a business.\n- (i) in a public place in a way that another person may reasonably believe it is for sale; or\n- (ii) in a way that promotes a particular product or service or a business.\n- (i) as part of a business; or\n- (ii) for a home-based business, home occupation, or similar business, under a local law or a planning scheme; or\n- (i) in a public place in a way that another person may reasonably believe it is for sale; or\n- (ii) in a way that promotes a particular product or service or a business.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of relevant person","content":"### sec.5 Meaning of relevant person\n\nSubject to subsections (2) and (3) , a relevant person , for the holder of an animal authority, is—\nif the holder is an individual—an employee or agent of the individual acting under the direction of the individual; or\nif the holder is a corporation, other than an incorporated association—\nthe person in charge for the authority; or\nan executive officer, employee or agent of the corporation acting under the direction of the person mentioned in subparagraph (i) .\nA relevant person , for the holder of a rehabilitation permit, if the holder is an incorporated association, is—\nthe person in charge for the authority; or\nan officer, member, employee or agent of the holder acting under the direction of the person mentioned in paragraph (a) .\nA relevant person , for an entity other than the holder of an animal authority, is—\nthe person in charge of the entity; or\nan executive officer, employee or agent of the entity acting under the direction of the entity or the person mentioned in paragraph (a) .\ns 5 amd 2025 SL No. 125 s 4\n(sec.5-ssec.1) Subject to subsections (2) and (3) , a relevant person , for the holder of an animal authority, is— if the holder is an individual—an employee or agent of the individual acting under the direction of the individual; or if the holder is a corporation, other than an incorporated association— the person in charge for the authority; or an executive officer, employee or agent of the corporation acting under the direction of the person mentioned in subparagraph (i) .\n(sec.5-ssec.2) A relevant person , for the holder of a rehabilitation permit, if the holder is an incorporated association, is— the person in charge for the authority; or an officer, member, employee or agent of the holder acting under the direction of the person mentioned in paragraph (a) .\n(sec.5-ssec.3) A relevant person , for an entity other than the holder of an animal authority, is— the person in charge of the entity; or an executive officer, employee or agent of the entity acting under the direction of the entity or the person mentioned in paragraph (a) .\n- (a) if the holder is an individual—an employee or agent of the individual acting under the direction of the individual; or\n- (b) if the holder is a corporation, other than an incorporated association— (i) the person in charge for the authority; or (ii) an executive officer, employee or agent of the corporation acting under the direction of the person mentioned in subparagraph (i) .\n- (i) the person in charge for the authority; or\n- (ii) an executive officer, employee or agent of the corporation acting under the direction of the person mentioned in subparagraph (i) .\n- (i) the person in charge for the authority; or\n- (ii) an executive officer, employee or agent of the corporation acting under the direction of the person mentioned in subparagraph (i) .\n- (a) the person in charge for the authority; or\n- (b) an officer, member, employee or agent of the holder acting under the direction of the person mentioned in paragraph (a) .\n- (a) the person in charge of the entity; or\n- (b) an executive officer, employee or agent of the entity acting under the direction of the entity or the person mentioned in paragraph (a) .","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"References to categories of animals and classes of wildlife","content":"### sec.6 References to categories of animals and classes of wildlife\n\nIn this regulation, a reference to a type of animal in which a particular category appears before the type of animal is a reference to an animal that—\nis of that type; and\nis of that category.\nA reference to a class 1 bird is a reference to a bird that is a class 1 animal.\nIn this regulation, a reference to a type of animal in which a particular class of wildlife appears before the type of animal is a reference to an animal that—\nis of that type; and\nis prescribed as wildlife of that class by chapter 2 .\nA reference to a near threatened amphibian is a reference to an amphibian that is prescribed as near threatened wildlife by chapter 2 .\nA reference to a near threatened class 1 amphibian is a reference to an amphibian that is a class 1 animal and prescribed as near threatened wildlife by chapter 2 .\nIn this regulation, a reference to a type of animal in which the word ‘protected’ appears before the type of animal is a reference to an animal that is a protected animal of that type.\nA reference to a protected bird is a reference to a bird that is a protected animal.\nIn this section—\ncategory means a category of animal mentioned in chapter 2 , part 4 .\n(sec.6-ssec.1) In this regulation, a reference to a type of animal in which a particular category appears before the type of animal is a reference to an animal that— is of that type; and is of that category. A reference to a class 1 bird is a reference to a bird that is a class 1 animal.\n(sec.6-ssec.2) In this regulation, a reference to a type of animal in which a particular class of wildlife appears before the type of animal is a reference to an animal that— is of that type; and is prescribed as wildlife of that class by chapter 2 . A reference to a near threatened amphibian is a reference to an amphibian that is prescribed as near threatened wildlife by chapter 2 . A reference to a near threatened class 1 amphibian is a reference to an amphibian that is a class 1 animal and prescribed as near threatened wildlife by chapter 2 .\n(sec.6-ssec.3) In this regulation, a reference to a type of animal in which the word ‘protected’ appears before the type of animal is a reference to an animal that is a protected animal of that type. A reference to a protected bird is a reference to a bird that is a protected animal.\n(sec.6-ssec.4) In this section— category means a category of animal mentioned in chapter 2 , part 4 .\n- (a) is of that type; and\n- (b) is of that category.\n- (a) is of that type; and\n- (b) is prescribed as wildlife of that class by chapter 2 .\n- 1 A reference to a near threatened amphibian is a reference to an amphibian that is prescribed as near threatened wildlife by chapter 2 .\n- 2 A reference to a near threatened class 1 amphibian is a reference to an amphibian that is a class 1 animal and prescribed as near threatened wildlife by chapter 2 .","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Scientific names","content":"### sec.7 Scientific names\n\nSubject to subsection (2) , the scientific names used for animals mentioned in this regulation follow—\nthe names used in a recognised database; or\nthe names used by the Queensland Museum.\nHowever, if a provision of this regulation about an animal includes a scientific reference, the scientific name for the animal follows the scientific reference.\nIn this section—\nQueensland Museum means the board under the Queensland Museum Act 1970 .\nrecognised database means a database containing species information about animals that is maintained by or for the State, another State or the Commonwealth.\nthe Australian Faunal Directory maintained by the Commonwealth department with responsibility for matters relating to the environment\nthe WildNet database maintained by the department\n(sec.7-ssec.1) Subject to subsection (2) , the scientific names used for animals mentioned in this regulation follow— the names used in a recognised database; or the names used by the Queensland Museum.\n(sec.7-ssec.2) However, if a provision of this regulation about an animal includes a scientific reference, the scientific name for the animal follows the scientific reference.\n(sec.7-ssec.3) In this section— Queensland Museum means the board under the Queensland Museum Act 1970 . recognised database means a database containing species information about animals that is maintained by or for the State, another State or the Commonwealth. the Australian Faunal Directory maintained by the Commonwealth department with responsibility for matters relating to the environment the WildNet database maintained by the department\n- (a) the names used in a recognised database; or\n- (b) the names used by the Queensland Museum.\n- 1 the Australian Faunal Directory maintained by the Commonwealth department with responsibility for matters relating to the environment\n- 2 the WildNet database maintained by the department","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Species includes subspecies","content":"### sec.8 Species includes subspecies\n\nUnless otherwise stated, a species of animal mentioned in this regulation includes all subspecies of the species.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"References relating to animal authorities","content":"### sec.9 References relating to animal authorities\n\nA reference in this regulation to a licence, permit or other authority of a type mentioned in chapter 4 , parts 3 to 18 is a reference to a licence, permit or authority of that type granted, or automatically issued, under chapter 5 .\nA reference to a standard licence is a reference to a standard licence granted, or automatically issued, under chapter 5 .\nA reference in this regulation to an animal authority for an animal is a reference to an animal authority that applies to the animal whether or not the authority applies to—\nmore than 1 animal; or\nanimals of different types or species.\nA reference in this regulation to an activity being carried out under an animal authority is a reference to an activity being carried out under a provision of this regulation that applies as a result of the grant, or automatic issue, of the authority.\nA reference to the taking of a macropod under a harvesting licence is a reference to the taking of the macropod under section 129 (a) .\ns 9 amd 2025 SL No. 125 s 34 s ch 1 pt 1\n(sec.9-ssec.1) A reference in this regulation to a licence, permit or other authority of a type mentioned in chapter 4 , parts 3 to 18 is a reference to a licence, permit or authority of that type granted, or automatically issued, under chapter 5 . A reference to a standard licence is a reference to a standard licence granted, or automatically issued, under chapter 5 .\n(sec.9-ssec.2) A reference in this regulation to an animal authority for an animal is a reference to an animal authority that applies to the animal whether or not the authority applies to— more than 1 animal; or animals of different types or species.\n(sec.9-ssec.3) A reference in this regulation to an activity being carried out under an animal authority is a reference to an activity being carried out under a provision of this regulation that applies as a result of the grant, or automatic issue, of the authority. A reference to the taking of a macropod under a harvesting licence is a reference to the taking of the macropod under section 129 (a) .\n- (a) more than 1 animal; or\n- (b) animals of different types or species.","sortOrder":10},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.9A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee or other matter expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—\nif the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or\nif the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or\nif the result is more than $500—to the nearest dollar (rounding one-half upwards).\ns 9A ins 2022 SL No. 17 s 19\n(sec.9A-ssec.1) This section applies for working out the amount of a fee or other matter expressed in this regulation as a number of fee units.\n(sec.9A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $500—to the nearest dollar (rounding one-half upwards).\n- (a) if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or\n- (b) if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (c) if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or\n- (d) if the result is more than $500—to the nearest dollar (rounding one-half upwards).","sortOrder":11},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Application of regulation","content":"# Application of regulation","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Protected areas","content":"### sec.10 Protected areas\n\nThe following provisions of this regulation apply in relation to an animal in a protected area—\nchapter 2 ;\nsection 316 ;\nschedules 1 and 2 .\nThis regulation does not otherwise apply in relation to an animal in a protected area.\n(sec.10-ssec.1) The following provisions of this regulation apply in relation to an animal in a protected area— chapter 2 ; section 316 ; schedules 1 and 2 .\n(sec.10-ssec.2) This regulation does not otherwise apply in relation to an animal in a protected area.\n- (a) chapter 2 ;\n- (b) section 316 ;\n- (c) schedules 1 and 2 .","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Use of particular substances","content":"### sec.11 Use of particular substances\n\nNothing in this regulation authorises a person to take an animal using a substance if the use of the substance on the animal is prohibited under another Act or law, including, for example, a law of the Commonwealth.\nAlso, nothing in this regulation authorises a person to take an animal using a substance if—\nanother Act or law, including, for example, a law of the Commonwealth, requires a person using the substance on the animal to hold a particular authority; and\nthe person does not hold the authority.\n(sec.11-ssec.1) Nothing in this regulation authorises a person to take an animal using a substance if the use of the substance on the animal is prohibited under another Act or law, including, for example, a law of the Commonwealth.\n(sec.11-ssec.2) Also, nothing in this regulation authorises a person to take an animal using a substance if— another Act or law, including, for example, a law of the Commonwealth, requires a person using the substance on the animal to hold a particular authority; and the person does not hold the authority.\n- (a) another Act or law, including, for example, a law of the Commonwealth, requires a person using the substance on the animal to hold a particular authority; and\n- (b) the person does not hold the authority.","sortOrder":14},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Purpose of chapter","content":"### sec.12 Purpose of chapter\n\nThis chapter—\nprescribes classes of animals for part 5 , division 2 of the Act ; and\nprovides for the declared management intent applying to each class of animal for section 72 (2) of the Act ; and\nprovides for the categorisation of animals for applying provisions of this regulation; and\nprescribes the conservation value for particular animals for section 95 of the Act .\n- (a) prescribes classes of animals for part 5 , division 2 of the Act ; and\n- (b) provides for the declared management intent applying to each class of animal for section 72 (2) of the Act ; and\n- (c) provides for the categorisation of animals for applying provisions of this regulation; and\n- (d) prescribes the conservation value for particular animals for section 95 of the Act .","sortOrder":16},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Protected wildlife","content":"# Protected wildlife","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Extinct wildlife","content":"### sec.13 Extinct wildlife\n\nFor section 76 of the Act , an animal mentioned in schedule 1 , part 2 , division 1 , subdivision 1 is prescribed as extinct wildlife.\nThe declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1 , part 2 , division 1 , subdivision 2 .\nSee schedule 1 , section 4 (g) for circumstances in which an animal that is extinct wildlife is to be managed as if it were critically endangered wildlife.\n(sec.13-ssec.1) For section 76 of the Act , an animal mentioned in schedule 1 , part 2 , division 1 , subdivision 1 is prescribed as extinct wildlife.\n(sec.13-ssec.2) The declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1 , part 2 , division 1 , subdivision 2 . See schedule 1 , section 4 (g) for circumstances in which an animal that is extinct wildlife is to be managed as if it were critically endangered wildlife.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Extinct in the wild wildlife","content":"### sec.14 Extinct in the wild wildlife\n\nFor section 77 of the Act , an animal mentioned in schedule 1 , part 2 , division 2 , subdivision 1 is prescribed as extinct in the wild wildlife.\nThe declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1 , part 2 , division 2 , subdivision 2 .\nSee schedule 1 , section 10 (g) for circumstances in which an animal that is extinct in the wild wildlife is to be managed as if it were critically endangered wildlife.\n(sec.14-ssec.1) For section 77 of the Act , an animal mentioned in schedule 1 , part 2 , division 2 , subdivision 1 is prescribed as extinct in the wild wildlife.\n(sec.14-ssec.2) The declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1 , part 2 , division 2 , subdivision 2 . See schedule 1 , section 10 (g) for circumstances in which an animal that is extinct in the wild wildlife is to be managed as if it were critically endangered wildlife.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Critically endangered wildlife","content":"### sec.15 Critically endangered wildlife\n\nFor section 78 of the Act , an animal mentioned in schedule 1 , part 2 , division 3 , subdivision 1 is prescribed as critically endangered wildlife.\nThe declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1 , part 2 , division 3 , subdivision 2 .\n(sec.15-ssec.1) For section 78 of the Act , an animal mentioned in schedule 1 , part 2 , division 3 , subdivision 1 is prescribed as critically endangered wildlife.\n(sec.15-ssec.2) The declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1 , part 2 , division 3 , subdivision 2 .","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Endangered wildlife","content":"### sec.16 Endangered wildlife\n\nFor section 78A of the Act , an animal mentioned in schedule 1 , part 2 , division 4 , subdivision 1 is prescribed as endangered wildlife.\nThe declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1 , part 2 , division 4 , subdivision 2 .\n(sec.16-ssec.1) For section 78A of the Act , an animal mentioned in schedule 1 , part 2 , division 4 , subdivision 1 is prescribed as endangered wildlife.\n(sec.16-ssec.2) The declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1 , part 2 , division 4 , subdivision 2 .","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Vulnerable wildlife","content":"### sec.17 Vulnerable wildlife\n\nFor section 78B of the Act , an animal mentioned in schedule 1 , part 2 , division 5 , subdivision 1 is prescribed as vulnerable wildlife.\nThe declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1 , part 2 , division 5 , subdivision 2 .\n(sec.17-ssec.1) For section 78B of the Act , an animal mentioned in schedule 1 , part 2 , division 5 , subdivision 1 is prescribed as vulnerable wildlife.\n(sec.17-ssec.2) The declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1 , part 2 , division 5 , subdivision 2 .","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Near threatened wildlife","content":"### sec.18 Near threatened wildlife\n\nFor section 79 of the Act , an animal mentioned in schedule 1 , part 2 , division 6 , subdivision 1 is prescribed as near threatened wildlife.\nThe declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1 , part 2 , division 6 , subdivision 2 .\nSee schedule 1 , section 43 (h) for circumstances in which an animal that is near threatened wildlife is to be managed as if it were another class of wildlife.\n(sec.18-ssec.1) For section 79 of the Act , an animal mentioned in schedule 1 , part 2 , division 6 , subdivision 1 is prescribed as near threatened wildlife.\n(sec.18-ssec.2) The declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1 , part 2 , division 6 , subdivision 2 . See schedule 1 , section 43 (h) for circumstances in which an animal that is near threatened wildlife is to be managed as if it were another class of wildlife.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Least concern wildlife","content":"### sec.19 Least concern wildlife\n\nFor section 80 of the Act , an animal mentioned in schedule 1 , part 2 , division 7 , subdivision 1 is prescribed as least concern wildlife.\nThe declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1 , part 2 , division 7 , subdivision 2 .\n(sec.19-ssec.1) For section 80 of the Act , an animal mentioned in schedule 1 , part 2 , division 7 , subdivision 1 is prescribed as least concern wildlife.\n(sec.19-ssec.2) The declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1 , part 2 , division 7 , subdivision 2 .","sortOrder":24},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"International wildlife","content":"# International wildlife","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"International wildlife","content":"### sec.20 International wildlife\n\nFor section 81 of the Act , an animal mentioned in schedule 1 , part 3 , division 1 is prescribed as international wildlife.\nThe declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1 , part 3 , division 2 .\n(sec.20-ssec.1) For section 81 of the Act , an animal mentioned in schedule 1 , part 3 , division 1 is prescribed as international wildlife.\n(sec.20-ssec.2) The declared management intent applicable to an animal mentioned in subsection (1) is to manage the animal having regard to the matters mentioned in schedule 1 , part 3 , division 2 .","sortOrder":26},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Categorisation of animals","content":"# Categorisation of animals","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Categories of animals","content":"### sec.21 Categories of animals\n\nAn exempt animal is a protected animal stated in schedule 3 , part 1 .\nA class 1 animal is a protected or international animal stated in schedule 3 , part 2 .\nA class 2 animal is a protected or international animal stated in schedule 3 , part 3 .\nA dangerous animal is a class 2 animal stated to be a dangerous animal in schedule 3 , part 3 .\nA farm animal is a protected animal stated in schedule 3 , part 4 .\ns 21 amd 2023 SL No. 186 s 5\n(sec.21-ssec.1) An exempt animal is a protected animal stated in schedule 3 , part 1 .\n(sec.21-ssec.2) A class 1 animal is a protected or international animal stated in schedule 3 , part 2 .\n(sec.21-ssec.3) A class 2 animal is a protected or international animal stated in schedule 3 , part 3 .\n(sec.21-ssec.4) A dangerous animal is a class 2 animal stated to be a dangerous animal in schedule 3 , part 3 .\n(sec.21-ssec.5) A farm animal is a protected animal stated in schedule 3 , part 4 .","sortOrder":28},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Conservation values for protected animals","content":"# Conservation values for protected animals","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Conservation value for classes of protected animals— Act , s 95","content":"### sec.22 Conservation value for classes of protected animals— Act , s 95\n\nFor section 95 (1) of the Act , an amount mentioned in schedule 2 , part 1 , column 2 is prescribed as the conservation value for a protected animal in the class mentioned in schedule 2 , part 1 , column 1 opposite the value.\nHowever, if a provision of a conservation plan prescribing a conservation value for a protected animal is inconsistent with an amount prescribed by subsection (1) , the provision of the conservation plan prevails to the extent of the inconsistency.\nSee the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , section 31 in relation to the conservation value payable for a problem crocodile.\nSee the Nature Conservation (Macropod) Conservation Plan 2017 , section 85 in relation to the conservation value payable for a harvest macropod.\n(sec.22-ssec.1) For section 95 (1) of the Act , an amount mentioned in schedule 2 , part 1 , column 2 is prescribed as the conservation value for a protected animal in the class mentioned in schedule 2 , part 1 , column 1 opposite the value.\n(sec.22-ssec.2) However, if a provision of a conservation plan prescribing a conservation value for a protected animal is inconsistent with an amount prescribed by subsection (1) , the provision of the conservation plan prevails to the extent of the inconsistency. See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , section 31 in relation to the conservation value payable for a problem crocodile. See the Nature Conservation (Macropod) Conservation Plan 2017 , section 85 in relation to the conservation value payable for a harvest macropod.\n- 1 See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , section 31 in relation to the conservation value payable for a problem crocodile.\n- 2 See the Nature Conservation (Macropod) Conservation Plan 2017 , section 85 in relation to the conservation value payable for a harvest macropod.","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Persons exempt from payment of conservation value— Act , s 95","content":"### sec.23 Persons exempt from payment of conservation value— Act , s 95\n\nFor section 95 (8) (a) of the Act , a person mentioned in schedule 2 , part 2 , column 1 is exempt from the payment of the conservation value for a protected animal mentioned in schedule 2 , part 2 , column 2 opposite the person.","sortOrder":31},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Purpose of chapter","content":"### sec.24 Purpose of chapter\n\nThis chapter—\nauthorises particular persons to carry out particular activities in relation to particular animals regardless of whether those persons hold animal authorities; and\nstates requirements related to the carrying out of the activities mentioned in paragraph (a) .\nPart 5 , division 4 of the Act contains offences prohibiting persons from carrying out particular activities in relation to protected animals unless the persons or activities are authorised under the Act .\nSee chapter 4 for activities authorised under animal authorities.\nSee part 8 about moving particular animals.\nAlso, see chapter 4 , part 16 and chapter 5 , part 2 about movement permits authorising movement of animals.\n- (a) authorises particular persons to carry out particular activities in relation to particular animals regardless of whether those persons hold animal authorities; and\n- (b) states requirements related to the carrying out of the activities mentioned in paragraph (a) .\n- 1 Part 5 , division 4 of the Act contains offences prohibiting persons from carrying out particular activities in relation to protected animals unless the persons or activities are authorised under the Act .\n- 2 See chapter 4 for activities authorised under animal authorities.\n- 3 See part 8 about moving particular animals.\n- 4 Also, see chapter 4 , part 16 and chapter 5 , part 2 about movement permits authorising movement of animals.","sortOrder":33},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Particular entities","content":"# Particular entities","sortOrder":34},{"sectionNumber":"sec.25","sectionType":"section","heading":"Authorised keeper in another State","content":"### sec.25 Authorised keeper in another State\n\nThis section applies to a person who is an authorised keeper in another State for a species of protected, international or prohibited animal.\nThe person may—\nbuy, accept or receive an animal of the species from a person authorised to sell or give away the animal under the Act ; and\nkeep the animal—\nin the other State; or\nin the State temporarily until it is moved to the other State.\nIn this section—\nauthorised keeper in another State , for a species of animal, means a person who is either—\nauthorised to keep an animal of the species in the other State under a law of the other State; or\nnot prohibited from keeping an animal of the species in the other State under the laws of the other State.\ns 25 amd 2023 SL No. 186 s 6\n(sec.25-ssec.1) This section applies to a person who is an authorised keeper in another State for a species of protected, international or prohibited animal.\n(sec.25-ssec.2) The person may— buy, accept or receive an animal of the species from a person authorised to sell or give away the animal under the Act ; and keep the animal— in the other State; or in the State temporarily until it is moved to the other State.\n(sec.25-ssec.3) In this section— authorised keeper in another State , for a species of animal, means a person who is either— authorised to keep an animal of the species in the other State under a law of the other State; or not prohibited from keeping an animal of the species in the other State under the laws of the other State.\n- (a) buy, accept or receive an animal of the species from a person authorised to sell or give away the animal under the Act ; and\n- (b) keep the animal— (i) in the other State; or (ii) in the State temporarily until it is moved to the other State.\n- (i) in the other State; or\n- (ii) in the State temporarily until it is moved to the other State.\n- (i) in the other State; or\n- (ii) in the State temporarily until it is moved to the other State.\n- (a) authorised to keep an animal of the species in the other State under a law of the other State; or\n- (b) not prohibited from keeping an animal of the species in the other State under the laws of the other State.","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":"Authorised keeper in another country","content":"### sec.26 Authorised keeper in another country\n\nThis section applies to a person who is an authorised keeper in another country for a species of protected, international or prohibited animal.\nThe person may—\nbuy, accept or receive an animal of the species from a person authorised to sell or give away the animal under the Act ; and\nkeep the animal—\nin the other country; or\nin the State temporarily until it is moved to the other country.\nIn this section—\nauthorised keeper in another country , for a species of animal, means a person who is either—\nauthorised to keep an animal of the species in the other country under a law of the other country; or\nnot prohibited from keeping an animal of the species in the other country under the laws of the other country.\ns 26 amd 2023 SL No. 186 s 7\n(sec.26-ssec.1) This section applies to a person who is an authorised keeper in another country for a species of protected, international or prohibited animal.\n(sec.26-ssec.2) The person may— buy, accept or receive an animal of the species from a person authorised to sell or give away the animal under the Act ; and keep the animal— in the other country; or in the State temporarily until it is moved to the other country.\n(sec.26-ssec.3) In this section— authorised keeper in another country , for a species of animal, means a person who is either— authorised to keep an animal of the species in the other country under a law of the other country; or not prohibited from keeping an animal of the species in the other country under the laws of the other country.\n- (a) buy, accept or receive an animal of the species from a person authorised to sell or give away the animal under the Act ; and\n- (b) keep the animal— (i) in the other country; or (ii) in the State temporarily until it is moved to the other country.\n- (i) in the other country; or\n- (ii) in the State temporarily until it is moved to the other country.\n- (i) in the other country; or\n- (ii) in the State temporarily until it is moved to the other country.\n- (a) authorised to keep an animal of the species in the other country under a law of the other country; or\n- (b) not prohibited from keeping an animal of the species in the other country under the laws of the other country.","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"Public service employees and contractors dealing with dead protected animals","content":"### sec.27 Public service employees and contractors dealing with dead protected animals\n\nThis section applies to a person who is—\na public service employee; or\na contractor of a department.\nThe person may take a dead protected animal from a public place if it is necessary or desirable to do so.\nto perform a function or exercise a power under an Act\nto ensure the free and safe movement of traffic on a road\nto maintain public safety or the health or wellbeing of persons\nThe person may carry out any of the following activities in relation to an animal taken under subsection (2) —\nkeep a part of the animal, including, for example, a biological sample, if it is necessary or desirable to do so;\nuse, other than move, process or use for a commercial purpose, a part of the animal, including, for example, a biological sample, if it is necessary or desirable to do so;\nbury or incinerate the animal;\nmove the animal to—\nthe place in the State where the part will be kept or used under paragraph (a) or (b) ; or\nthe place in the State where the animal is to be buried or incinerated under paragraph (c) ; or\nanother place where the animal is not likely to pose a risk to public safety or the health or wellbeing of persons;\notherwise deal with the animal in the way directed by the chief executive.\nto perform research\nto perform a function or exercise a power under an Act\nto maintain public safety or the health or wellbeing of persons\nIn this section—\npublic place includes a State-controlled road under the Transport Infrastructure Act 1994 , whether or not it is open to, or used by, members of the public.\ns 27 amd 2021 SL No. 36 s 5\n(sec.27-ssec.1) This section applies to a person who is— a public service employee; or a contractor of a department.\n(sec.27-ssec.2) The person may take a dead protected animal from a public place if it is necessary or desirable to do so. to perform a function or exercise a power under an Act to ensure the free and safe movement of traffic on a road to maintain public safety or the health or wellbeing of persons\n(sec.27-ssec.3) The person may carry out any of the following activities in relation to an animal taken under subsection (2) — keep a part of the animal, including, for example, a biological sample, if it is necessary or desirable to do so; use, other than move, process or use for a commercial purpose, a part of the animal, including, for example, a biological sample, if it is necessary or desirable to do so; bury or incinerate the animal; move the animal to— the place in the State where the part will be kept or used under paragraph (a) or (b) ; or the place in the State where the animal is to be buried or incinerated under paragraph (c) ; or another place where the animal is not likely to pose a risk to public safety or the health or wellbeing of persons; otherwise deal with the animal in the way directed by the chief executive. to perform research to perform a function or exercise a power under an Act to maintain public safety or the health or wellbeing of persons\n(sec.27-ssec.4) In this section— public place includes a State-controlled road under the Transport Infrastructure Act 1994 , whether or not it is open to, or used by, members of the public.\n- (a) a public service employee; or\n- (b) a contractor of a department.\n- • to perform a function or exercise a power under an Act\n- • to ensure the free and safe movement of traffic on a road\n- • to maintain public safety or the health or wellbeing of persons\n- (a) keep a part of the animal, including, for example, a biological sample, if it is necessary or desirable to do so;\n- (b) use, other than move, process or use for a commercial purpose, a part of the animal, including, for example, a biological sample, if it is necessary or desirable to do so;\n- (c) bury or incinerate the animal;\n- (d) move the animal to— (i) the place in the State where the part will be kept or used under paragraph (a) or (b) ; or (ii) the place in the State where the animal is to be buried or incinerated under paragraph (c) ; or (iii) another place where the animal is not likely to pose a risk to public safety or the health or wellbeing of persons;\n- (i) the place in the State where the part will be kept or used under paragraph (a) or (b) ; or\n- (ii) the place in the State where the animal is to be buried or incinerated under paragraph (c) ; or\n- (iii) another place where the animal is not likely to pose a risk to public safety or the health or wellbeing of persons;\n- (e) otherwise deal with the animal in the way directed by the chief executive.\n- (i) the place in the State where the part will be kept or used under paragraph (a) or (b) ; or\n- (ii) the place in the State where the animal is to be buried or incinerated under paragraph (c) ; or\n- (iii) another place where the animal is not likely to pose a risk to public safety or the health or wellbeing of persons;\n- • to perform research\n- • to perform a function or exercise a power under an Act\n- • to maintain public safety or the health or wellbeing of persons","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"Local government officers, rail government entity employees and contractors dealing with dead protected animals","content":"### sec.28 Local government officers, rail government entity employees and contractors dealing with dead protected animals\n\nThis section applies to a person who is—\nan officer or employee of a local government; or\nan officer or employee of a rail government entity; or\na contractor of a local government or rail government entity.\nThe person may take a dead protected animal from a public place if it is necessary or desirable to do so.\nto perform a function or exercise a power under an Act\nto ensure the free and safe movement of traffic on a road\nto maintain public safety or the health or wellbeing of persons\nThe person may carry out any of the following activities in relation to an animal taken under subsection (2) —\nbury or incinerate the animal;\nmove the animal to—\nthe place in the State where the animal is to be buried or incinerated; or\nif the chief executive has asked the person to move the animal to another place—the other place; or\nanother place where the animal is not likely to pose a risk to public safety or the health or wellbeing of persons;\notherwise deal with the animal in the way directed by the chief executive.\nIn this section—\npublic place includes each of the following places, whether or not each place is open to, or used by, members of the public—\na railway managed by a rail government entity;\nthe following land if the trustee for the land is a local government—\nland contained in a reserve under the Land Act 1994 for a purpose mentioned in section 31 (1) (a) to (c) of that Act;\nland dedicated as a reserve under the Land Act 1994 , section 31 (1) (d) ;\na road controlled by a local government.\ns 28 amd 2024 Act No. 12 s 131 s ch 1 pt 1\n(sec.28-ssec.1) This section applies to a person who is— an officer or employee of a local government; or an officer or employee of a rail government entity; or a contractor of a local government or rail government entity.\n(sec.28-ssec.2) The person may take a dead protected animal from a public place if it is necessary or desirable to do so. to perform a function or exercise a power under an Act to ensure the free and safe movement of traffic on a road to maintain public safety or the health or wellbeing of persons\n(sec.28-ssec.3) The person may carry out any of the following activities in relation to an animal taken under subsection (2) — bury or incinerate the animal; move the animal to— the place in the State where the animal is to be buried or incinerated; or if the chief executive has asked the person to move the animal to another place—the other place; or another place where the animal is not likely to pose a risk to public safety or the health or wellbeing of persons; otherwise deal with the animal in the way directed by the chief executive.\n(sec.28-ssec.4) In this section— public place includes each of the following places, whether or not each place is open to, or used by, members of the public— a railway managed by a rail government entity; the following land if the trustee for the land is a local government— land contained in a reserve under the Land Act 1994 for a purpose mentioned in section 31 (1) (a) to (c) of that Act; land dedicated as a reserve under the Land Act 1994 , section 31 (1) (d) ; a road controlled by a local government.\n- (a) an officer or employee of a local government; or\n- (b) an officer or employee of a rail government entity; or\n- (c) a contractor of a local government or rail government entity.\n- • to perform a function or exercise a power under an Act\n- • to ensure the free and safe movement of traffic on a road\n- • to maintain public safety or the health or wellbeing of persons\n- (a) bury or incinerate the animal;\n- (b) move the animal to— (i) the place in the State where the animal is to be buried or incinerated; or (ii) if the chief executive has asked the person to move the animal to another place—the other place; or (iii) another place where the animal is not likely to pose a risk to public safety or the health or wellbeing of persons;\n- (i) the place in the State where the animal is to be buried or incinerated; or\n- (ii) if the chief executive has asked the person to move the animal to another place—the other place; or\n- (iii) another place where the animal is not likely to pose a risk to public safety or the health or wellbeing of persons;\n- (c) otherwise deal with the animal in the way directed by the chief executive.\n- (i) the place in the State where the animal is to be buried or incinerated; or\n- (ii) if the chief executive has asked the person to move the animal to another place—the other place; or\n- (iii) another place where the animal is not likely to pose a risk to public safety or the health or wellbeing of persons;\n- (a) a railway managed by a rail government entity;\n- (b) the following land if the trustee for the land is a local government— (i) land contained in a reserve under the Land Act 1994 for a purpose mentioned in section 31 (1) (a) to (c) of that Act; (ii) land dedicated as a reserve under the Land Act 1994 , section 31 (1) (d) ;\n- (i) land contained in a reserve under the Land Act 1994 for a purpose mentioned in section 31 (1) (a) to (c) of that Act;\n- (ii) land dedicated as a reserve under the Land Act 1994 , section 31 (1) (d) ;\n- (c) a road controlled by a local government.\n- (i) land contained in a reserve under the Land Act 1994 for a purpose mentioned in section 31 (1) (a) to (c) of that Act;\n- (ii) land dedicated as a reserve under the Land Act 1994 , section 31 (1) (d) ;","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Railway officers dealing with dead protected animals","content":"### sec.29 Railway officers dealing with dead protected animals\n\nA railway officer employed by a railway manager may carry out any of the following activities in relation to a dead protected animal—\ntake the animal at a railway managed by the railway manager;\nmove the animal to another place.\nHowever, when taking or moving the animal the railway officer must comply with any conditions—\nimposed under subsection (3) ; and\nnotified by the chief executive to the railway manager.\nThe chief executive may impose conditions on the taking or moving of a dead protected animal under this section, including, for example, a condition stating—\nthe way in which the animal is to be dealt with after being taken or moved; or\nthe records to be kept for activities carried out under subsection (1) ; or\nthe way in which the records mentioned in paragraph (b) are kept and accessed.\nThis section does not apply to a railway officer employed by a rail government entity.\nIn this section—\nrailway manager see the Transport Infrastructure Act 1994 , schedule 6 .\nrailway officer , employed by a railway manager, means—\nan employee or contractor of the railway manager; or\nan employee or contractor of a related body corporate of the railway manager; or\nanother person approved by the chief executive by notice to the railway manager.\nrelated body corporate , of a railway manager, means a body corporate that is a related body corporate of the railway manager within the meaning of the Corporations Act , section 50 .\n(sec.29-ssec.1) A railway officer employed by a railway manager may carry out any of the following activities in relation to a dead protected animal— take the animal at a railway managed by the railway manager; move the animal to another place.\n(sec.29-ssec.2) However, when taking or moving the animal the railway officer must comply with any conditions— imposed under subsection (3) ; and notified by the chief executive to the railway manager.\n(sec.29-ssec.3) The chief executive may impose conditions on the taking or moving of a dead protected animal under this section, including, for example, a condition stating— the way in which the animal is to be dealt with after being taken or moved; or the records to be kept for activities carried out under subsection (1) ; or the way in which the records mentioned in paragraph (b) are kept and accessed.\n(sec.29-ssec.4) This section does not apply to a railway officer employed by a rail government entity.\n(sec.29-ssec.5) In this section— railway manager see the Transport Infrastructure Act 1994 , schedule 6 . railway officer , employed by a railway manager, means— an employee or contractor of the railway manager; or an employee or contractor of a related body corporate of the railway manager; or another person approved by the chief executive by notice to the railway manager. related body corporate , of a railway manager, means a body corporate that is a related body corporate of the railway manager within the meaning of the Corporations Act , section 50 .\n- (a) take the animal at a railway managed by the railway manager;\n- (b) move the animal to another place.\n- (a) imposed under subsection (3) ; and\n- (b) notified by the chief executive to the railway manager.\n- (a) the way in which the animal is to be dealt with after being taken or moved; or\n- (b) the records to be kept for activities carried out under subsection (1) ; or\n- (c) the way in which the records mentioned in paragraph (b) are kept and accessed.\n- (a) an employee or contractor of the railway manager; or\n- (b) an employee or contractor of a related body corporate of the railway manager; or\n- (c) another person approved by the chief executive by notice to the railway manager.","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"Emergency service officers dealing with dead protected animals","content":"### sec.30 Emergency service officers dealing with dead protected animals\n\nAn officer of an emergency service may carry out any of the following activities in relation to a dead protected animal for training members of the emergency service—\nbuy, accept or receive the animal from a person authorised to sell or give away the animal under the Act ;\nkeep the animal;\notherwise use the animal, other than—\nprocess the animal; or\nuse the animal for a commercial purpose.\nIn this section—\nemergency service means each of the following services—\nMarine Rescue Queensland under the Marine Rescue Queensland Act 2024 ;\nQueensland Fire and Rescue;\nRural Fire Service Queensland;\nthe Queensland Ambulance Service;\nthe Queensland Police Service;\nthe State Emergency Service.\ns 30 amd 2024 Act No. 18 s 39 sch 1 ; 2024 Act No. 22 s 92 sch 1 ; 2024 SL No. 196 s 17\n(sec.30-ssec.1) An officer of an emergency service may carry out any of the following activities in relation to a dead protected animal for training members of the emergency service— buy, accept or receive the animal from a person authorised to sell or give away the animal under the Act ; keep the animal; otherwise use the animal, other than— process the animal; or use the animal for a commercial purpose.\n(sec.30-ssec.2) In this section— emergency service means each of the following services— Marine Rescue Queensland under the Marine Rescue Queensland Act 2024 ; Queensland Fire and Rescue; Rural Fire Service Queensland; the Queensland Ambulance Service; the Queensland Police Service; the State Emergency Service.\n- (a) buy, accept or receive the animal from a person authorised to sell or give away the animal under the Act ;\n- (b) keep the animal;\n- (c) otherwise use the animal, other than— (i) process the animal; or (ii) use the animal for a commercial purpose.\n- (i) process the animal; or\n- (ii) use the animal for a commercial purpose.\n- (i) process the animal; or\n- (ii) use the animal for a commercial purpose.\n- (a) Marine Rescue Queensland under the Marine Rescue Queensland Act 2024 ;\n- (b) Queensland Fire and Rescue;\n- (c) Rural Fire Service Queensland;\n- (d) the Queensland Ambulance Service;\n- (e) the Queensland Police Service;\n- (f) the State Emergency Service.","sortOrder":40},{"sectionNumber":"sec.30A","sectionType":"section","heading":"Persons dealing with dead protected animals at request of authorised person","content":"### sec.30A Persons dealing with dead protected animals at request of authorised person\n\nA person requested by an authorised person to deal with a dead protected animal may—\nmove the animal to a place identified by the authorised person; or\notherwise deal with the animal in the way directed by the authorised person.\ns 30A ins 2023 SL No. 186 s 8\n- (a) move the animal to a place identified by the authorised person; or\n- (b) otherwise deal with the animal in the way directed by the authorised person.","sortOrder":41},{"sectionNumber":"sec.31","sectionType":"section","heading":"Australian Defence Force members dealing with animals","content":"### sec.31 Australian Defence Force members dealing with animals\n\nA member of a unit of the Australian Defence Force may carry out any of the following activities in relation to a least concern animal for training members of the unit of the Australian Defence Force about survival in the wild—\ntake the animal;\nkeep the animal;\nuse the animal, other than—\nprocess the animal; or\nuse the animal for a commercial purpose; or\nuse the animal in a way that is inconsistent with a military standing order prepared for the unit of the Australian Defence Force.\nIn this section—\nmilitary standing order means a standing order that—\nis a general order under the Defence Force Discipline Act 1982 (Cwlth) ; and\nincludes provisions relating to training members of a unit of the Australian Defence Force about survival in the wild.\nA copy of a military standing order to which this section applies may be inspected at the department’s head office.\n(sec.31-ssec.1) A member of a unit of the Australian Defence Force may carry out any of the following activities in relation to a least concern animal for training members of the unit of the Australian Defence Force about survival in the wild— take the animal; keep the animal; use the animal, other than— process the animal; or use the animal for a commercial purpose; or use the animal in a way that is inconsistent with a military standing order prepared for the unit of the Australian Defence Force.\n(sec.31-ssec.2) In this section— military standing order means a standing order that— is a general order under the Defence Force Discipline Act 1982 (Cwlth) ; and includes provisions relating to training members of a unit of the Australian Defence Force about survival in the wild. A copy of a military standing order to which this section applies may be inspected at the department’s head office.\n- (a) take the animal;\n- (b) keep the animal;\n- (c) use the animal, other than— (i) process the animal; or (ii) use the animal for a commercial purpose; or (iii) use the animal in a way that is inconsistent with a military standing order prepared for the unit of the Australian Defence Force.\n- (i) process the animal; or\n- (ii) use the animal for a commercial purpose; or\n- (iii) use the animal in a way that is inconsistent with a military standing order prepared for the unit of the Australian Defence Force.\n- (i) process the animal; or\n- (ii) use the animal for a commercial purpose; or\n- (iii) use the animal in a way that is inconsistent with a military standing order prepared for the unit of the Australian Defence Force.\n- (a) is a general order under the Defence Force Discipline Act 1982 (Cwlth) ; and\n- (b) includes provisions relating to training members of a unit of the Australian Defence Force about survival in the wild.","sortOrder":42},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Aboriginal tradition and Ailan Kastom","content":"# Aboriginal tradition and Ailan Kastom","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Marine turtle or dugong taken under Aboriginal tradition or Ailan Kastom","content":"### sec.32 Marine turtle or dugong taken under Aboriginal tradition or Ailan Kastom\n\nA person may take an animal that is a protected marine turtle or dugong if—\nthe person holds a permit or other authority granted under the Marine Parks Act 2004 or the Great Barrier Reef Marine Park Act 1975 (Cwlth) that permits the person to take the animal for Aboriginal tradition or Ailan Kastom; or\nthe person takes the animal under a traditional use of marine resources agreement allowing the person to take the animal.\nThe person may carry out any of the following activities in relation to an animal taken under subsection (1) —\nkeep the animal;\nuse, other than move or process, the animal;\nmove the animal from the place where the animal is taken to the place in the State, or in another State, where the person intends to keep or use the animal.\nIn this section—\ntraditional use of marine resources agreement means—\na traditional use of marine resources agreement accredited under—\nthe Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004 , part 5 , division 1 ; or\nthe Marine Parks (Great Sandy) Zoning Plan 2017 , part 5 , division 1 ; or\nthe Marine Parks (Moreton Bay) Zoning Plan 2019 , part 6 ; or\na traditional use of marine resources agreement accredited, or taken to be accredited, under the Great Barrier Reef Marine Park Regulations 2019 (Cwlth) , part 4 .\ns 32 amd 2024 SL No. 196 s 63 sch 1\n(sec.32-ssec.1) A person may take an animal that is a protected marine turtle or dugong if— the person holds a permit or other authority granted under the Marine Parks Act 2004 or the Great Barrier Reef Marine Park Act 1975 (Cwlth) that permits the person to take the animal for Aboriginal tradition or Ailan Kastom; or the person takes the animal under a traditional use of marine resources agreement allowing the person to take the animal.\n(sec.32-ssec.2) The person may carry out any of the following activities in relation to an animal taken under subsection (1) — keep the animal; use, other than move or process, the animal; move the animal from the place where the animal is taken to the place in the State, or in another State, where the person intends to keep or use the animal.\n(sec.32-ssec.3) In this section— traditional use of marine resources agreement means— a traditional use of marine resources agreement accredited under— the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004 , part 5 , division 1 ; or the Marine Parks (Great Sandy) Zoning Plan 2017 , part 5 , division 1 ; or the Marine Parks (Moreton Bay) Zoning Plan 2019 , part 6 ; or a traditional use of marine resources agreement accredited, or taken to be accredited, under the Great Barrier Reef Marine Park Regulations 2019 (Cwlth) , part 4 .\n- (a) the person holds a permit or other authority granted under the Marine Parks Act 2004 or the Great Barrier Reef Marine Park Act 1975 (Cwlth) that permits the person to take the animal for Aboriginal tradition or Ailan Kastom; or\n- (b) the person takes the animal under a traditional use of marine resources agreement allowing the person to take the animal.\n- (a) keep the animal;\n- (b) use, other than move or process, the animal;\n- (c) move the animal from the place where the animal is taken to the place in the State, or in another State, where the person intends to keep or use the animal.\n- (a) a traditional use of marine resources agreement accredited under— (i) the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004 , part 5 , division 1 ; or (ii) the Marine Parks (Great Sandy) Zoning Plan 2017 , part 5 , division 1 ; or (iii) the Marine Parks (Moreton Bay) Zoning Plan 2019 , part 6 ; or\n- (i) the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004 , part 5 , division 1 ; or\n- (ii) the Marine Parks (Great Sandy) Zoning Plan 2017 , part 5 , division 1 ; or\n- (iii) the Marine Parks (Moreton Bay) Zoning Plan 2019 , part 6 ; or\n- (b) a traditional use of marine resources agreement accredited, or taken to be accredited, under the Great Barrier Reef Marine Park Regulations 2019 (Cwlth) , part 4 .\n- (i) the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004 , part 5 , division 1 ; or\n- (ii) the Marine Parks (Great Sandy) Zoning Plan 2017 , part 5 , division 1 ; or\n- (iii) the Marine Parks (Moreton Bay) Zoning Plan 2019 , part 6 ; or","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Keeping and using dead marine mammals","content":"### sec.33 Keeping and using dead marine mammals\n\nThis section applies if the chief executive gives an animal that is a dead marine mammal to—\na Traditional Owner for the land or waters from which the animal was taken or on or in which the animal was found; or\na person nominated to the chief executive by a person mentioned in paragraph (a) .\nA person given an animal under subsection (1) , may carry out any of the following activities for the personal, domestic or non-commercial communal needs of a community or group of Aboriginal peoples or Torres Strait Islander peoples—\nkeep the animal;\nuse, other than move or process, the animal.\nIn this section—\nrepresentative Aboriginal/Torres Strait Islander body see the Native Title Act 1993 (Cwlth) .\nTraditional Owner , for land or waters, means a person of Aboriginal descent or Torres Strait Islander descent who is recognised in the Aboriginal community or Torres Strait Islander community generally, or by a representative Aboriginal/Torres Strait Islander body for an area that includes the land or waters—\nas having spiritual or cultural affiliations with the land or waters; or\nas holding native title in relation to the land or waters.\ns 33 amd 2024 SL No. 196 s 63 sch 1\n(sec.33-ssec.1) This section applies if the chief executive gives an animal that is a dead marine mammal to— a Traditional Owner for the land or waters from which the animal was taken or on or in which the animal was found; or a person nominated to the chief executive by a person mentioned in paragraph (a) .\n(sec.33-ssec.2) A person given an animal under subsection (1) , may carry out any of the following activities for the personal, domestic or non-commercial communal needs of a community or group of Aboriginal peoples or Torres Strait Islander peoples— keep the animal; use, other than move or process, the animal.\n(sec.33-ssec.3) In this section— representative Aboriginal/Torres Strait Islander body see the Native Title Act 1993 (Cwlth) . Traditional Owner , for land or waters, means a person of Aboriginal descent or Torres Strait Islander descent who is recognised in the Aboriginal community or Torres Strait Islander community generally, or by a representative Aboriginal/Torres Strait Islander body for an area that includes the land or waters— as having spiritual or cultural affiliations with the land or waters; or as holding native title in relation to the land or waters.\n- (a) a Traditional Owner for the land or waters from which the animal was taken or on or in which the animal was found; or\n- (b) a person nominated to the chief executive by a person mentioned in paragraph (a) .\n- (a) keep the animal;\n- (b) use, other than move or process, the animal.\n- (a) as having spiritual or cultural affiliations with the land or waters; or\n- (b) as holding native title in relation to the land or waters.","sortOrder":45},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Education and research","content":"# Education and research","sortOrder":46},{"sectionNumber":"sec.34","sectionType":"section","heading":"Keeping and using animals for education and research","content":"### sec.34 Keeping and using animals for education and research\n\nThis section applies in relation to a dead protected animal, or a biological sample taken from a live protected animal, if the animal—\nwas taken, or is kept, under the Act , the Exhibited Animals Act 2015 or a law of another State; and\nis located in the State.\nA qualified person may carry out any of the following activities for an educational or research purpose—\nbuy, accept or receive the animal or sample from a person authorised to sell or give away the animal or sample under the Act ;\nkeep the animal or sample;\notherwise use, other than process, the animal or sample.\nIn this section—\nqualified person , in relation to a dead protected animal, or a biological sample taken from a live protected animal, means a person to whom—\nan educational purposes permit for the animal could be granted under chapter 4 , part 12 and chapter 5 , part 2 ; or\na research permit for the animal could be granted under chapter 4 , part 15 and chapter 5 , part 2 .\ns 34 sub 2021 SL No. 36 s 6\n(sec.34-ssec.1) This section applies in relation to a dead protected animal, or a biological sample taken from a live protected animal, if the animal— was taken, or is kept, under the Act , the Exhibited Animals Act 2015 or a law of another State; and is located in the State.\n(sec.34-ssec.2) A qualified person may carry out any of the following activities for an educational or research purpose— buy, accept or receive the animal or sample from a person authorised to sell or give away the animal or sample under the Act ; keep the animal or sample; otherwise use, other than process, the animal or sample.\n(sec.34-ssec.3) In this section— qualified person , in relation to a dead protected animal, or a biological sample taken from a live protected animal, means a person to whom— an educational purposes permit for the animal could be granted under chapter 4 , part 12 and chapter 5 , part 2 ; or a research permit for the animal could be granted under chapter 4 , part 15 and chapter 5 , part 2 .\n- (a) was taken, or is kept, under the Act , the Exhibited Animals Act 2015 or a law of another State; and\n- (b) is located in the State.\n- (a) buy, accept or receive the animal or sample from a person authorised to sell or give away the animal or sample under the Act ;\n- (b) keep the animal or sample;\n- (c) otherwise use, other than process, the animal or sample.\n- (a) an educational purposes permit for the animal could be granted under chapter 4 , part 12 and chapter 5 , part 2 ; or\n- (b) a research permit for the animal could be granted under chapter 4 , part 15 and chapter 5 , part 2 .","sortOrder":47},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"State museums","content":"# State museums","sortOrder":48},{"sectionNumber":"ch.3-pt.5-div.1","sectionType":"division","heading":"Authorised activities","content":"## Authorised activities","sortOrder":49},{"sectionNumber":"sec.35","sectionType":"section","heading":"Taking, keeping and using protected or international animals","content":"### sec.35 Taking, keeping and using protected or international animals\n\nA State museum, or a relevant person for the museum, may carry out any of the following activities for a scientific or educational purpose, other than biodiscovery—\ntake a protected animal if the taking of the animal is not likely to adversely affect the survival of the animal in the wild;\nbuy, accept or receive a protected or international animal from a person authorised to sell or give away the animal under the Act ;\nkeep a protected or international animal at the museum;\notherwise use, other than display, a protected or international animal at the museum.\nSee also the Biodiscovery Act 2004 for collection authorities for animals in or on State land under that Act .\n- (a) take a protected animal if the taking of the animal is not likely to adversely affect the survival of the animal in the wild;\n- (b) buy, accept or receive a protected or international animal from a person authorised to sell or give away the animal under the Act ;\n- (c) keep a protected or international animal at the museum;\n- (d) otherwise use, other than display, a protected or international animal at the museum.","sortOrder":50},{"sectionNumber":"sec.36","sectionType":"section","heading":"Displaying animals at State museums","content":"### sec.36 Displaying animals at State museums\n\nA State museum, or a relevant person for the museum, who keeps a live protected animal bred in captivity, or a live international animal, under section 35 (c) , may display the animal at the museum if the animal is displayed—\nin accordance with section 38 ; and\nfor an authorised display purpose; and\nif the animal is displayed in a temporary enclosure—for a period of no longer than 1 month.\nSee also the Exhibited Animals Act 2015 for authorities for exhibiting and dealing with particular animals.\n- (a) in accordance with section 38 ; and\n- (b) for an authorised display purpose; and\n- (c) if the animal is displayed in a temporary enclosure—for a period of no longer than 1 month.","sortOrder":51},{"sectionNumber":"sec.37","sectionType":"section","heading":"Moving animals to State museums","content":"### sec.37 Moving animals to State museums\n\nA State museum, or a relevant person for the museum, who takes a protected animal under section 35 (a) , may move the animal from the place where the animal is taken to the museum.\nA State museum, or a relevant person for the museum, who keeps a protected animal under section 35 (c) , may move the animal from the museum to another State museum.\nHowever, subsections (1) and (2) do not apply in relation to the movement of a prescribed protected animal out of the State.\n(sec.37-ssec.1) A State museum, or a relevant person for the museum, who takes a protected animal under section 35 (a) , may move the animal from the place where the animal is taken to the museum.\n(sec.37-ssec.2) A State museum, or a relevant person for the museum, who keeps a protected animal under section 35 (c) , may move the animal from the museum to another State museum.\n(sec.37-ssec.3) However, subsections (1) and (2) do not apply in relation to the movement of a prescribed protected animal out of the State.","sortOrder":52},{"sectionNumber":"ch.3-pt.5-div.2","sectionType":"division","heading":"Restrictions on authority","content":"## Restrictions on authority","sortOrder":53},{"sectionNumber":"sec.38","sectionType":"section","heading":"Ways animals must be displayed","content":"### sec.38 Ways animals must be displayed\n\nThis section applies in relation to the display of a live protected animal at a State museum under section 36 .\nThe animal must be displayed—\nin an enclosure that forms an integral part of the display; and\nin a way that ensures all of the following risks are minimised—\nthe likelihood of the animal’s escape;\nthe risk of injury to a person;\nthe risk of injury or ill-health to the animal.\nThe animal must be supervised by a relevant person for the museum at all times while it is being displayed.\nThe animal must not, without the chief executive’s written approval—\nbe displayed if it has visible signs of illness or injury; or\nbe forced to do an act it would not normally do in the wild.\nA State museum, or a relevant person for the museum, is taken to comply with subsection (2) (b) if the animal is displayed in accordance with the exhibition code, to the extent the code states the way in which the animal should be displayed.\nSubsection (5) does not limit the ways in which a person may otherwise comply with subsection (2) (b) .\n(sec.38-ssec.1) This section applies in relation to the display of a live protected animal at a State museum under section 36 .\n(sec.38-ssec.2) The animal must be displayed— in an enclosure that forms an integral part of the display; and in a way that ensures all of the following risks are minimised— the likelihood of the animal’s escape; the risk of injury to a person; the risk of injury or ill-health to the animal.\n(sec.38-ssec.3) The animal must be supervised by a relevant person for the museum at all times while it is being displayed.\n(sec.38-ssec.4) The animal must not, without the chief executive’s written approval— be displayed if it has visible signs of illness or injury; or be forced to do an act it would not normally do in the wild.\n(sec.38-ssec.5) A State museum, or a relevant person for the museum, is taken to comply with subsection (2) (b) if the animal is displayed in accordance with the exhibition code, to the extent the code states the way in which the animal should be displayed.\n(sec.38-ssec.6) Subsection (5) does not limit the ways in which a person may otherwise comply with subsection (2) (b) .\n- (a) in an enclosure that forms an integral part of the display; and\n- (b) in a way that ensures all of the following risks are minimised— (i) the likelihood of the animal’s escape; (ii) the risk of injury to a person; (iii) the risk of injury or ill-health to the animal.\n- (i) the likelihood of the animal’s escape;\n- (ii) the risk of injury to a person;\n- (iii) the risk of injury or ill-health to the animal.\n- (i) the likelihood of the animal’s escape;\n- (ii) the risk of injury to a person;\n- (iii) the risk of injury or ill-health to the animal.\n- (a) be displayed if it has visible signs of illness or injury; or\n- (b) be forced to do an act it would not normally do in the wild.","sortOrder":54},{"sectionNumber":"sec.39","sectionType":"section","heading":"Handling dangerous or venomous animals","content":"### sec.39 Handling dangerous or venomous animals\n\nA live dangerous or venomous animal kept under section 35 (c) may be handled by a person only if the person—\nis a relevant person for the State museum who has appropriate training for handling the animal; or\nhandles the animal as part of training being conducted by the museum.\n- (a) is a relevant person for the State museum who has appropriate training for handling the animal; or\n- (b) handles the animal as part of training being conducted by the museum.","sortOrder":55},{"sectionNumber":"ch.3-pt.5-div.3","sectionType":"division","heading":"Record requirements","content":"## Record requirements","sortOrder":56},{"sectionNumber":"sec.40","sectionType":"section","heading":"Record keeping","content":"### sec.40 Record keeping\n\nA State museum must, unless the State museum has a reasonable excuse, keep a record for an animal kept under section 35 (c) .\nFor the requirements for records, see chapter 8 .\nThe museum complies with subsection (1) if a relevant person, or an approved person, for the museum keeps the record for the museum.\nThis section is subject to a provision of a conservation plan about the keeping of a record by a State museum for an animal to which the plan relates.\n(sec.40-ssec.1) A State museum must, unless the State museum has a reasonable excuse, keep a record for an animal kept under section 35 (c) . For the requirements for records, see chapter 8 .\n(sec.40-ssec.2) The museum complies with subsection (1) if a relevant person, or an approved person, for the museum keeps the record for the museum.\n(sec.40-ssec.3) This section is subject to a provision of a conservation plan about the keeping of a record by a State museum for an animal to which the plan relates.","sortOrder":57},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Airports","content":"# Airports","sortOrder":58},{"sectionNumber":"ch.3-pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":59},{"sectionNumber":"sec.41","sectionType":"section","heading":"Definitions for part","content":"### sec.41 Definitions for part\n\nIn this part—\nairport means a strategic airport under a State planning policy.\nState planning policy see the Planning Act 2016 .","sortOrder":60},{"sectionNumber":"ch.3-pt.6-div.2","sectionType":"division","heading":"Authorised activities","content":"## Authorised activities","sortOrder":61},{"sectionNumber":"sec.42","sectionType":"section","heading":"Taking animals","content":"### sec.42 Taking animals\n\nThis section applies in relation to a protected animal if—\neither or both of the following circumstances apply—\nthe animal is causing, or may cause, damage to the aviation infrastructure of an airport;\nthe presence of the animal at an airport is, or may be, a threat to the safety of aircraft, or persons on or around aircraft, operating at an airport; and\nthe owner of the airport has made a reasonable attempt to prevent or minimise the damage or threat and the action taken has not prevented or minimised the damage or threat.\ninstalling a fence or other enclosure to prevent an animal from accessing an airport\nusing an audio or visual device or other thing to deter an animal from accessing an airport\nThe owner of the airport, or a relevant person for the owner, may—\ntake the animal at the airport if—\nthe taking of the animal will not adversely affect the survival of the animal in the wild; and\nthe proposed way of taking the animal is humane; and\nremove or otherwise deal with an animal breeding place used by the animal.\nAlso, the owner or relevant person may—\nkeep an animal taken under subsection (2) (a) for releasing the animal under paragraph (b) ; and\nrelease the animal into a prescribed natural habitat for the animal.\nIn this section—\naviation infrastructure , of an airport, means infrastructure directly connected with the operation of aircraft at the airport.\ns 42 amd 2023 SL No. 77 s 5\n(sec.42-ssec.1) This section applies in relation to a protected animal if— either or both of the following circumstances apply— the animal is causing, or may cause, damage to the aviation infrastructure of an airport; the presence of the animal at an airport is, or may be, a threat to the safety of aircraft, or persons on or around aircraft, operating at an airport; and the owner of the airport has made a reasonable attempt to prevent or minimise the damage or threat and the action taken has not prevented or minimised the damage or threat. installing a fence or other enclosure to prevent an animal from accessing an airport using an audio or visual device or other thing to deter an animal from accessing an airport\n(sec.42-ssec.2) The owner of the airport, or a relevant person for the owner, may— take the animal at the airport if— the taking of the animal will not adversely affect the survival of the animal in the wild; and the proposed way of taking the animal is humane; and remove or otherwise deal with an animal breeding place used by the animal.\n(sec.42-ssec.3) Also, the owner or relevant person may— keep an animal taken under subsection (2) (a) for releasing the animal under paragraph (b) ; and release the animal into a prescribed natural habitat for the animal.\n(sec.42-ssec.4) In this section— aviation infrastructure , of an airport, means infrastructure directly connected with the operation of aircraft at the airport.\n- (a) either or both of the following circumstances apply— (i) the animal is causing, or may cause, damage to the aviation infrastructure of an airport; (ii) the presence of the animal at an airport is, or may be, a threat to the safety of aircraft, or persons on or around aircraft, operating at an airport; and\n- (i) the animal is causing, or may cause, damage to the aviation infrastructure of an airport;\n- (ii) the presence of the animal at an airport is, or may be, a threat to the safety of aircraft, or persons on or around aircraft, operating at an airport; and\n- (b) the owner of the airport has made a reasonable attempt to prevent or minimise the damage or threat and the action taken has not prevented or minimised the damage or threat. Examples of reasonable attempts to prevent or minimise damage or threats— • installing a fence or other enclosure to prevent an animal from accessing an airport • using an audio or visual device or other thing to deter an animal from accessing an airport\n- • installing a fence or other enclosure to prevent an animal from accessing an airport\n- • using an audio or visual device or other thing to deter an animal from accessing an airport\n- (i) the animal is causing, or may cause, damage to the aviation infrastructure of an airport;\n- (ii) the presence of the animal at an airport is, or may be, a threat to the safety of aircraft, or persons on or around aircraft, operating at an airport; and\n- • installing a fence or other enclosure to prevent an animal from accessing an airport\n- • using an audio or visual device or other thing to deter an animal from accessing an airport\n- (a) take the animal at the airport if— (i) the taking of the animal will not adversely affect the survival of the animal in the wild; and (ii) the proposed way of taking the animal is humane; and\n- (i) the taking of the animal will not adversely affect the survival of the animal in the wild; and\n- (ii) the proposed way of taking the animal is humane; and\n- (b) remove or otherwise deal with an animal breeding place used by the animal.\n- (i) the taking of the animal will not adversely affect the survival of the animal in the wild; and\n- (ii) the proposed way of taking the animal is humane; and\n- (a) keep an animal taken under subsection (2) (a) for releasing the animal under paragraph (b) ; and\n- (b) release the animal into a prescribed natural habitat for the animal.","sortOrder":62},{"sectionNumber":"ch.3-pt.6-div.3","sectionType":"division","heading":"Record requirements","content":"## Record requirements","sortOrder":63},{"sectionNumber":"sec.43","sectionType":"section","heading":"Record keeping","content":"### sec.43 Record keeping\n\nThe owner of an airport must, unless the owner has a reasonable excuse, keep a record for an animal taken under section 42 (2) .\nFor the requirements for records, see chapter 8 .\nThe owner complies with subsection (1) if a relevant person, or an approved person, for the owner keeps the record for the owner.\nThis section is subject to a provision of a conservation plan about the keeping of a record by the owner of an airport for an animal to which the plan relates.\n(sec.43-ssec.1) The owner of an airport must, unless the owner has a reasonable excuse, keep a record for an animal taken under section 42 (2) . For the requirements for records, see chapter 8 .\n(sec.43-ssec.2) The owner complies with subsection (1) if a relevant person, or an approved person, for the owner keeps the record for the owner.\n(sec.43-ssec.3) This section is subject to a provision of a conservation plan about the keeping of a record by the owner of an airport for an animal to which the plan relates.","sortOrder":64},{"sectionNumber":"ch.3-pt.7","sectionType":"part","heading":"Interactions with animals in the wild","content":"# Interactions with animals in the wild","sortOrder":65},{"sectionNumber":"ch.3-pt.7-div.1","sectionType":"division","heading":"Tin Can Bay dolphin feeding program","content":"## Tin Can Bay dolphin feeding program","sortOrder":66},{"sectionNumber":"sec.44","sectionType":"section","heading":"Definition for division","content":"### sec.44 Definition for division\n\nIn this division—\nTin Can Bay dolphin feeding program means the program, approved by the chief executive, for feeding dolphins in the waters adjacent to lot 80 shown on plan MCH5383.\nA copy of plan MCH5383 is available on the department’s website.","sortOrder":67},{"sectionNumber":"sec.45","sectionType":"section","heading":"Commercial interactions with dolphins","content":"### sec.45 Commercial interactions with dolphins\n\nA person may engage in a commercial interaction with a live dolphin in the wild if the interaction—\nis part of the Tin Can Bay dolphin feeding program; and\nis authorised under the conditions of operation imposed by the chief executive on the approval for the program.\n- (a) is part of the Tin Can Bay dolphin feeding program; and\n- (b) is authorised under the conditions of operation imposed by the chief executive on the approval for the program.","sortOrder":68},{"sectionNumber":"sec.46","sectionType":"section","heading":"Requirements relating to sick, injured or dead dolphins","content":"### sec.46 Requirements relating to sick, injured or dead dolphins\n\nIf the operator of the Tin Can Bay dolphin feeding program knows, or ought reasonably to know, a dolphin the subject of the program is sick or injured or has died, the operator must, unless the operator has a reasonable excuse—\nimmediately notify a conservation officer of the matter; and\nif the officer directs the operator to deal with the dolphin in a particular way—deal with the dolphin in the way directed.\nMaximum penalty—100 penalty units.\nA conservation officer may give a direction under subsection (1) (b) only if the direction is reasonable in the circumstances.\n(sec.46-ssec.1) If the operator of the Tin Can Bay dolphin feeding program knows, or ought reasonably to know, a dolphin the subject of the program is sick or injured or has died, the operator must, unless the operator has a reasonable excuse— immediately notify a conservation officer of the matter; and if the officer directs the operator to deal with the dolphin in a particular way—deal with the dolphin in the way directed. Maximum penalty—100 penalty units.\n(sec.46-ssec.2) A conservation officer may give a direction under subsection (1) (b) only if the direction is reasonable in the circumstances.\n- (a) immediately notify a conservation officer of the matter; and\n- (b) if the officer directs the operator to deal with the dolphin in a particular way—deal with the dolphin in the way directed.","sortOrder":69},{"sectionNumber":"sec.47","sectionType":"section","heading":"Requirement to give report about activities","content":"### sec.47 Requirement to give report about activities\n\nThe operator of the Tin Can Bay dolphin feeding program must, unless the operator has a reasonable excuse, give the chief executive a written report, in the approved form, about the activities carried out as part of the program—\nfor each month; and\nwithin 10 business days after the month ends.\nMaximum penalty—120 penalty units.\n- (a) for each month; and\n- (b) within 10 business days after the month ends.","sortOrder":70},{"sectionNumber":"ch.3-pt.7-div.2","sectionType":"division","heading":"Other commercial interactions","content":"## Other commercial interactions","sortOrder":71},{"sectionNumber":"sec.48","sectionType":"section","heading":"Commercial interactions for marine parks generally","content":"### sec.48 Commercial interactions for marine parks generally\n\nSubject to division 1 , a person may engage in a commercial interaction with a live protected animal in the wild if the person’s interaction with the animal is permitted under—\nthe Marine Parks Act 2004 ; or\nthe Great Barrier Reef Marine Park Act 1975 (Cwlth) .\n- (a) the Marine Parks Act 2004 ; or\n- (b) the Great Barrier Reef Marine Park Act 1975 (Cwlth) .","sortOrder":72},{"sectionNumber":"ch.3-pt.8","sectionType":"part","heading":"Movement of animals","content":"# Movement of animals","sortOrder":73},{"sectionNumber":"sec.49","sectionType":"section","heading":"Moving dead protected animals into State","content":"### sec.49 Moving dead protected animals into State\n\nThis section applies to a dead protected animal, other than a crocodile or emu, lawfully taken, kept and used in another State.\nA person in the State may move the skin, carcass or meat of the animal into the State if—\nthe person buys the skin, carcass or meat by wholesale from a person in the other State; and\nthe way in which the skin, carcass or meat is packed complies with the requirements of any applicable law of the other State; and\nthe movement of the skin, carcass or meat from the other State is authorised by any applicable law of the other State.\nSee also the following provisions—\nthe Nature Conservation (Macropod) Conservation Plan 2017 , sections 9A to 9C and 83 and schedule 1 ;\nsection 367 and schedule 5 .\ns 49 amd 2025 SL No. 42 s 14\n(sec.49-ssec.1) This section applies to a dead protected animal, other than a crocodile or emu, lawfully taken, kept and used in another State.\n(sec.49-ssec.2) A person in the State may move the skin, carcass or meat of the animal into the State if— the person buys the skin, carcass or meat by wholesale from a person in the other State; and the way in which the skin, carcass or meat is packed complies with the requirements of any applicable law of the other State; and the movement of the skin, carcass or meat from the other State is authorised by any applicable law of the other State. See also the following provisions— the Nature Conservation (Macropod) Conservation Plan 2017 , sections 9A to 9C and 83 and schedule 1 ; section 367 and schedule 5 .\n- (a) the person buys the skin, carcass or meat by wholesale from a person in the other State; and\n- (b) the way in which the skin, carcass or meat is packed complies with the requirements of any applicable law of the other State; and\n- (c) the movement of the skin, carcass or meat from the other State is authorised by any applicable law of the other State.\n- (a) the Nature Conservation (Macropod) Conservation Plan 2017 , sections 9A to 9C and 83 and schedule 1 ;\n- (b) section 367 and schedule 5 .","sortOrder":74},{"sectionNumber":"sec.50","sectionType":"section","heading":"Moving protected animals for private reasons","content":"### sec.50 Moving protected animals for private reasons\n\nThis section applies to a person who lawfully keeps a protected animal, other than under an animal authority.\nThe person may move the animal—\non the person’s land; or\nif the person keeps the animal at the person’s place of residence and is moving to a new place of residence within the State—to the new place of residence.\n(sec.50-ssec.1) This section applies to a person who lawfully keeps a protected animal, other than under an animal authority.\n(sec.50-ssec.2) The person may move the animal— on the person’s land; or if the person keeps the animal at the person’s place of residence and is moving to a new place of residence within the State—to the new place of residence.\n- (a) on the person’s land; or\n- (b) if the person keeps the animal at the person’s place of residence and is moving to a new place of residence within the State—to the new place of residence.","sortOrder":75},{"sectionNumber":"sec.51","sectionType":"section","heading":"Moving protected animals to and from display","content":"### sec.51 Moving protected animals to and from display\n\nThis section applies to a person who lawfully keeps a protected animal, other than a dangerous animal, in the State, other than under an animal authority.\nThe person may move the animal to or from an authorised display.\nHowever, the person may move the animal to an authorised display under subsection (2) only if the person ensures the animal is moved back to the place where the person keeps the animal as soon as practicable after the animal stops being displayed.\n(sec.51-ssec.1) This section applies to a person who lawfully keeps a protected animal, other than a dangerous animal, in the State, other than under an animal authority.\n(sec.51-ssec.2) The person may move the animal to or from an authorised display.\n(sec.51-ssec.3) However, the person may move the animal to an authorised display under subsection (2) only if the person ensures the animal is moved back to the place where the person keeps the animal as soon as practicable after the animal stops being displayed.","sortOrder":76},{"sectionNumber":"sec.52","sectionType":"section","heading":"Moving dead protected animals to particular authorised buyers","content":"### sec.52 Moving dead protected animals to particular authorised buyers\n\nThis section applies if—\neither—\na person lawfully keeps a live protected animal other than under an animal authority, and the animal dies; or\na person lawfully keeps a dead protected animal other than under an animal authority; and\nunder the Act , the person is authorised to sell or give away the dead animal; and\nthe person sells or gives the dead animal to an authorised buyer for the animal.\nThe person may move the animal from the place where the person keeps the animal to the place where the authorised buyer intends to keep the animal.\nThis section does not apply in relation to an exempt animal.\ns 52 amd 2025 SL No. 42 s 15\n(sec.52-ssec.1) This section applies if— either— a person lawfully keeps a live protected animal other than under an animal authority, and the animal dies; or a person lawfully keeps a dead protected animal other than under an animal authority; and under the Act , the person is authorised to sell or give away the dead animal; and the person sells or gives the dead animal to an authorised buyer for the animal.\n(sec.52-ssec.2) The person may move the animal from the place where the person keeps the animal to the place where the authorised buyer intends to keep the animal.\n(sec.52-ssec.3) This section does not apply in relation to an exempt animal.\n- (a) either— (i) a person lawfully keeps a live protected animal other than under an animal authority, and the animal dies; or (ii) a person lawfully keeps a dead protected animal other than under an animal authority; and\n- (i) a person lawfully keeps a live protected animal other than under an animal authority, and the animal dies; or\n- (ii) a person lawfully keeps a dead protected animal other than under an animal authority; and\n- (b) under the Act , the person is authorised to sell or give away the dead animal; and\n- (c) the person sells or gives the dead animal to an authorised buyer for the animal.\n- (i) a person lawfully keeps a live protected animal other than under an animal authority, and the animal dies; or\n- (ii) a person lawfully keeps a dead protected animal other than under an animal authority; and","sortOrder":77},{"sectionNumber":"ch.3-pt.9","sectionType":"part","heading":"Exempt animals","content":"# Exempt animals","sortOrder":78},{"sectionNumber":"sec.53","sectionType":"section","heading":"Keeping and using exempt animals","content":"### sec.53 Keeping and using exempt animals\n\nThis section applies in relation to an exempt animal if—\nthe animal has, at all times, been lawfully taken, kept and used; or\nfor an exempt animal bred in captivity—the parents of the animal have, at all times, been lawfully taken, kept and used.\nA person may carry out any of out the following activities—\nkeep the animal;\nuse the animal, other than—\nbuy, accept or receive the animal from a person who is not authorised to sell or give away the animal under the Act or a law of another State; or\nsell or give the animal to a person who is not authorised to buy, accept or receive the animal under the Act or a law of another State; or\nprocess the animal.\n(sec.53-ssec.1) This section applies in relation to an exempt animal if— the animal has, at all times, been lawfully taken, kept and used; or for an exempt animal bred in captivity—the parents of the animal have, at all times, been lawfully taken, kept and used.\n(sec.53-ssec.2) A person may carry out any of out the following activities— keep the animal; use the animal, other than— buy, accept or receive the animal from a person who is not authorised to sell or give away the animal under the Act or a law of another State; or sell or give the animal to a person who is not authorised to buy, accept or receive the animal under the Act or a law of another State; or process the animal.\n- (a) the animal has, at all times, been lawfully taken, kept and used; or\n- (b) for an exempt animal bred in captivity—the parents of the animal have, at all times, been lawfully taken, kept and used.\n- (a) keep the animal;\n- (b) use the animal, other than— (i) buy, accept or receive the animal from a person who is not authorised to sell or give away the animal under the Act or a law of another State; or (ii) sell or give the animal to a person who is not authorised to buy, accept or receive the animal under the Act or a law of another State; or (iii) process the animal.\n- (i) buy, accept or receive the animal from a person who is not authorised to sell or give away the animal under the Act or a law of another State; or\n- (ii) sell or give the animal to a person who is not authorised to buy, accept or receive the animal under the Act or a law of another State; or\n- (iii) process the animal.\n- (i) buy, accept or receive the animal from a person who is not authorised to sell or give away the animal under the Act or a law of another State; or\n- (ii) sell or give the animal to a person who is not authorised to buy, accept or receive the animal under the Act or a law of another State; or\n- (iii) process the animal.","sortOrder":79},{"sectionNumber":"sec.54","sectionType":"section","heading":"Breeding mutation of exempt animals","content":"### sec.54 Breeding mutation of exempt animals\n\nA person who keeps and uses an exempt animal under section 53 may breed a mutation of the animal.\nUnder section 92 (1) of the Act , it is an offence for a person to knowingly breed a hybrid or mutation of a protected animal other than under a regulation or an exemption under a regulation.","sortOrder":80},{"sectionNumber":"ch.3-pt.10","sectionType":"part","heading":"Sick, injured, orphaned or dead animals","content":"# Sick, injured, orphaned or dead animals","sortOrder":81},{"sectionNumber":"ch.3-pt.10-div.1","sectionType":"division","heading":"Sick, injured or orphaned animals generally","content":"## Sick, injured or orphaned animals generally","sortOrder":82},{"sectionNumber":"sec.55","sectionType":"section","heading":"Dealing with sick, injured and orphaned protected animals","content":"### sec.55 Dealing with sick, injured and orphaned protected animals\n\nThis section applies in relation to a protected animal that is—\nif the animal is a marine mammal or a marine turtle—sick or injured; or\notherwise—sick, injured or orphaned.\nA person may carry out any of the following activities to treat or care for the animal—\ntake the animal;\nkeep the animal;\nmove the animal from the place where the person takes possession of the animal to—\na place in the State where the person intends to care for the animal; or\na place in the State where the holder of a rehabilitation permit, or a relevant person for the holder, intends to keep the animal; or\nthe veterinary premises of a veterinary surgeon in the State for treatment or care for the animal; or\nif a conservation officer directs, under section 57 , the person to move the animal to another place—the other place.\nSubsection (2) does not apply to—\nthe holder of a rehabilitation permit for the animal, or a relevant person for the holder; or\na person who—\nadvertises that the person provides animal rescue or rehabilitation services to members of the public but does not hold a rehabilitation permit; or\nis employed by, or volunteers for, an entity that advertises it provides animal rescue or rehabilitation services to members of the public but does not hold a rehabilitation permit.\npublishing a phone number or email address, on a website or social media platform, for the purpose of allowing members of the public to report sick, injured or orphaned protected animals\ns 55 amd 2023 SL No. 186 s 9 ; 2025 SL No. 42 s 16\n(sec.55-ssec.1) This section applies in relation to a protected animal that is— if the animal is a marine mammal or a marine turtle—sick or injured; or otherwise—sick, injured or orphaned.\n(sec.55-ssec.2) A person may carry out any of the following activities to treat or care for the animal— take the animal; keep the animal; move the animal from the place where the person takes possession of the animal to— a place in the State where the person intends to care for the animal; or a place in the State where the holder of a rehabilitation permit, or a relevant person for the holder, intends to keep the animal; or the veterinary premises of a veterinary surgeon in the State for treatment or care for the animal; or if a conservation officer directs, under section 57 , the person to move the animal to another place—the other place.\n(sec.55-ssec.3) Subsection (2) does not apply to— the holder of a rehabilitation permit for the animal, or a relevant person for the holder; or a person who— advertises that the person provides animal rescue or rehabilitation services to members of the public but does not hold a rehabilitation permit; or is employed by, or volunteers for, an entity that advertises it provides animal rescue or rehabilitation services to members of the public but does not hold a rehabilitation permit. publishing a phone number or email address, on a website or social media platform, for the purpose of allowing members of the public to report sick, injured or orphaned protected animals\n- (a) if the animal is a marine mammal or a marine turtle—sick or injured; or\n- (b) otherwise—sick, injured or orphaned.\n- (a) take the animal;\n- (b) keep the animal;\n- (c) move the animal from the place where the person takes possession of the animal to— (i) a place in the State where the person intends to care for the animal; or (ii) a place in the State where the holder of a rehabilitation permit, or a relevant person for the holder, intends to keep the animal; or (iii) the veterinary premises of a veterinary surgeon in the State for treatment or care for the animal; or (iv) if a conservation officer directs, under section 57 , the person to move the animal to another place—the other place.\n- (i) a place in the State where the person intends to care for the animal; or\n- (ii) a place in the State where the holder of a rehabilitation permit, or a relevant person for the holder, intends to keep the animal; or\n- (iii) the veterinary premises of a veterinary surgeon in the State for treatment or care for the animal; or\n- (iv) if a conservation officer directs, under section 57 , the person to move the animal to another place—the other place.\n- (i) a place in the State where the person intends to care for the animal; or\n- (ii) a place in the State where the holder of a rehabilitation permit, or a relevant person for the holder, intends to keep the animal; or\n- (iii) the veterinary premises of a veterinary surgeon in the State for treatment or care for the animal; or\n- (iv) if a conservation officer directs, under section 57 , the person to move the animal to another place—the other place.\n- (a) the holder of a rehabilitation permit for the animal, or a relevant person for the holder; or\n- (b) a person who— (i) advertises that the person provides animal rescue or rehabilitation services to members of the public but does not hold a rehabilitation permit; or (ii) is employed by, or volunteers for, an entity that advertises it provides animal rescue or rehabilitation services to members of the public but does not hold a rehabilitation permit. Example of advertising animal rescue or rehabilitation services— publishing a phone number or email address, on a website or social media platform, for the purpose of allowing members of the public to report sick, injured or orphaned protected animals\n- (i) advertises that the person provides animal rescue or rehabilitation services to members of the public but does not hold a rehabilitation permit; or\n- (ii) is employed by, or volunteers for, an entity that advertises it provides animal rescue or rehabilitation services to members of the public but does not hold a rehabilitation permit.\n- (i) advertises that the person provides animal rescue or rehabilitation services to members of the public but does not hold a rehabilitation permit; or\n- (ii) is employed by, or volunteers for, an entity that advertises it provides animal rescue or rehabilitation services to members of the public but does not hold a rehabilitation permit.","sortOrder":83},{"sectionNumber":"sec.56","sectionType":"section","heading":"Requirement to notify chief executive or give animal away","content":"### sec.56 Requirement to notify chief executive or give animal away\n\nA person must as soon as practicable after taking possession of an animal mentioned in section 55 (1) (a) , notify a conservation officer that the person has taken possession of the animal, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nWithin 72 hours after a person takes possession of an animal mentioned in section 55 (1) (b) , the person must, unless the person has a reasonable excuse, either—\ngive the animal to the holder of a rehabilitation permit for the animal, or a relevant person for the holder; or\ngive the animal to a veterinary surgeon; or\nnotify a conservation officer that the person has taken possession of the animal.\nMaximum penalty—20 penalty units.\ns 56 amd 2023 SL No. 186 s 10\n(sec.56-ssec.1) A person must as soon as practicable after taking possession of an animal mentioned in section 55 (1) (a) , notify a conservation officer that the person has taken possession of the animal, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.56-ssec.2) Within 72 hours after a person takes possession of an animal mentioned in section 55 (1) (b) , the person must, unless the person has a reasonable excuse, either— give the animal to the holder of a rehabilitation permit for the animal, or a relevant person for the holder; or give the animal to a veterinary surgeon; or notify a conservation officer that the person has taken possession of the animal. Maximum penalty—20 penalty units.\n- (a) give the animal to the holder of a rehabilitation permit for the animal, or a relevant person for the holder; or\n- (b) give the animal to a veterinary surgeon; or\n- (c) notify a conservation officer that the person has taken possession of the animal.","sortOrder":84},{"sectionNumber":"sec.57","sectionType":"section","heading":"Requirement to comply with directions of conservation officer","content":"### sec.57 Requirement to comply with directions of conservation officer\n\nIf a person notifies a conservation officer under section 56 and the officer directs the person to deal with the animal in a particular way, the person must deal with the animal in the way directed, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.","sortOrder":85},{"sectionNumber":"ch.3-pt.10-div.2","sectionType":"division","heading":"Authorisations for veterinary treatment","content":"## Authorisations for veterinary treatment","sortOrder":86},{"sectionNumber":"sec.58","sectionType":"section","heading":"Veterinary surgeons treating animals","content":"### sec.58 Veterinary surgeons treating animals\n\nA veterinary surgeon may carry out any of the following activities in relation to a protected, international or prohibited animal (the treated animal ) to treat or care for the animal—\ntake the animal;\nkeep the animal;\nuse, other than move or process, the animal;\nif the animal dies during the treatment or care—move the animal from the place where the surgeon keeps the animal to—\nthe place where the animal is to be buried or incinerated; or\nif the chief executive has asked the surgeon to move the animal to another place—the other place.\nSee also section 59 for authority to move particular animals.\nThe veterinary surgeon may euthanase a treated animal if the surgeon believes the animal is unable or unlikely to—\nrecover from sickness or injury; or\nfor a protected animal—survive in the wild because the animal is orphaned.\ns 58 amd 2021 SL No. 36 s 7\n(sec.58-ssec.1) A veterinary surgeon may carry out any of the following activities in relation to a protected, international or prohibited animal (the treated animal ) to treat or care for the animal— take the animal; keep the animal; use, other than move or process, the animal; if the animal dies during the treatment or care—move the animal from the place where the surgeon keeps the animal to— the place where the animal is to be buried or incinerated; or if the chief executive has asked the surgeon to move the animal to another place—the other place. See also section 59 for authority to move particular animals.\n(sec.58-ssec.2) The veterinary surgeon may euthanase a treated animal if the surgeon believes the animal is unable or unlikely to— recover from sickness or injury; or for a protected animal—survive in the wild because the animal is orphaned.\n- (a) take the animal;\n- (b) keep the animal;\n- (c) use, other than move or process, the animal;\n- (d) if the animal dies during the treatment or care—move the animal from the place where the surgeon keeps the animal to— (i) the place where the animal is to be buried or incinerated; or (ii) if the chief executive has asked the surgeon to move the animal to another place—the other place. Note— See also section 59 for authority to move particular animals.\n- (i) the place where the animal is to be buried or incinerated; or\n- (ii) if the chief executive has asked the surgeon to move the animal to another place—the other place.\n- (i) the place where the animal is to be buried or incinerated; or\n- (ii) if the chief executive has asked the surgeon to move the animal to another place—the other place.\n- (a) recover from sickness or injury; or\n- (b) for a protected animal—survive in the wild because the animal is orphaned.","sortOrder":87},{"sectionNumber":"sec.58A","sectionType":"section","heading":"Veterinary surgeons giving away biological samples","content":"### sec.58A Veterinary surgeons giving away biological samples\n\nThis section applies if a veterinary surgeon treats or cares for a live protected animal at the veterinary premises of the veterinary surgeon.\nThe veterinary surgeon may give away a biological sample taken from the animal if—\nthe sample was taken from the animal while the animal was being treated or cared for; and\nthe person to whom the sample is given intends to keep and use the sample under section 34 .\ns 58A ins 2021 SL No. 36 s 8\n(sec.58A-ssec.1) This section applies if a veterinary surgeon treats or cares for a live protected animal at the veterinary premises of the veterinary surgeon.\n(sec.58A-ssec.2) The veterinary surgeon may give away a biological sample taken from the animal if— the sample was taken from the animal while the animal was being treated or cared for; and the person to whom the sample is given intends to keep and use the sample under section 34 .\n- (a) the sample was taken from the animal while the animal was being treated or cared for; and\n- (b) the person to whom the sample is given intends to keep and use the sample under section 34 .","sortOrder":88},{"sectionNumber":"sec.59","sectionType":"section","heading":"Moving animals to and from veterinary surgeon","content":"### sec.59 Moving animals to and from veterinary surgeon\n\nThis section applies to a person who lawfully keeps a live protected animal in the State, other than under an animal authority.\nThe person may move the animal—\nfrom the place where the animal is being kept (the place of keeping ) to the veterinary premises of a veterinary surgeon for treatment or care for the animal; or\nfrom the veterinary premises of a veterinary surgeon who treated or cared for the animal to the place of keeping.\nHowever, if the premises of the veterinary surgeon is outside the State, the person may move the animal under subsection (2) (a) only if the person ensures the animal is moved back under subsection (2) (b) as soon as practicable after the treatment or care is given.\nSubsection (3) does not apply to the person if the animal dies.\ns 59 amd 2025 SL No. 42 s 17\n(sec.59-ssec.1) This section applies to a person who lawfully keeps a live protected animal in the State, other than under an animal authority.\n(sec.59-ssec.2) The person may move the animal— from the place where the animal is being kept (the place of keeping ) to the veterinary premises of a veterinary surgeon for treatment or care for the animal; or from the veterinary premises of a veterinary surgeon who treated or cared for the animal to the place of keeping.\n(sec.59-ssec.3) However, if the premises of the veterinary surgeon is outside the State, the person may move the animal under subsection (2) (a) only if the person ensures the animal is moved back under subsection (2) (b) as soon as practicable after the treatment or care is given.\n(sec.59-ssec.4) Subsection (3) does not apply to the person if the animal dies.\n- (a) from the place where the animal is being kept (the place of keeping ) to the veterinary premises of a veterinary surgeon for treatment or care for the animal; or\n- (b) from the veterinary premises of a veterinary surgeon who treated or cared for the animal to the place of keeping.","sortOrder":89},{"sectionNumber":"ch.3-pt.10-div.3","sectionType":"division","heading":"Dead animals","content":"## Dead animals","sortOrder":90},{"sectionNumber":"sec.59A","sectionType":"section","heading":"Dealing with dead exhibited animals","content":"### sec.59A Dealing with dead exhibited animals\n\nThis section applies if—\na person lawfully keeps a protected animal under an exhibited animal authority; and\nthe animal dies.\nThe person may carry out any of the following activities—\nkeep the dead animal;\nSee also section 320 in relation to dealing with a dead sampled or implanted animal.\nsell or give away the dead animal to a person who is authorised to buy, accept or receive the animal under the Act or a law of another State.\ns 59A ins 2025 SL No. 42 s 18\n(sec.59A-ssec.1) This section applies if— a person lawfully keeps a protected animal under an exhibited animal authority; and the animal dies.\n(sec.59A-ssec.2) The person may carry out any of the following activities— keep the dead animal; See also section 320 in relation to dealing with a dead sampled or implanted animal. sell or give away the dead animal to a person who is authorised to buy, accept or receive the animal under the Act or a law of another State.\n- (a) a person lawfully keeps a protected animal under an exhibited animal authority; and\n- (b) the animal dies.\n- (a) keep the dead animal; Note— See also section 320 in relation to dealing with a dead sampled or implanted animal.\n- (b) sell or give away the dead animal to a person who is authorised to buy, accept or receive the animal under the Act or a law of another State.","sortOrder":91},{"sectionNumber":"sec.60","sectionType":"section","heading":"Moving dead sampled or implanted animals","content":"### sec.60 Moving dead sampled or implanted animals\n\nA person may move a dead sampled or implanted animal from the place where the animal died, or was kept, to—\nthe premises of a veterinary surgeon for the purpose of performing an autopsy on the animal; or\nif the animal is frozen—the chief executive.\nSee also sections 87 (2) and 320 (2) for requirements to perform an autopsy on a dead sampled or implanted animal or to give the animal to the chief executive.\nA person may move a biological sample taken from a dead sampled or implanted animal during the autopsy from the premises of the veterinary surgeon that performed the autopsy to the chief executive.\nSee also sections 87 (3) (a) and 320 (3) (a) for requirements to give a biological sample taken from a dead sampled or implanted animal during the autopsy to the chief executive.\ns 60 amd 2021 SL No. 36 s 9\n(sec.60-ssec.1) A person may move a dead sampled or implanted animal from the place where the animal died, or was kept, to— the premises of a veterinary surgeon for the purpose of performing an autopsy on the animal; or if the animal is frozen—the chief executive. See also sections 87 (2) and 320 (2) for requirements to perform an autopsy on a dead sampled or implanted animal or to give the animal to the chief executive.\n(sec.60-ssec.2) A person may move a biological sample taken from a dead sampled or implanted animal during the autopsy from the premises of the veterinary surgeon that performed the autopsy to the chief executive. See also sections 87 (3) (a) and 320 (3) (a) for requirements to give a biological sample taken from a dead sampled or implanted animal during the autopsy to the chief executive.\n- (a) the premises of a veterinary surgeon for the purpose of performing an autopsy on the animal; or\n- (b) if the animal is frozen—the chief executive.","sortOrder":92},{"sectionNumber":"sec.60AA","sectionType":"section","heading":"Veterinary surgeons performing or supervising autopsies","content":"### sec.60AA Veterinary surgeons performing or supervising autopsies\n\nThis section applies in relation to a dead protected, international or prohibited animal.\nA veterinary surgeon, or a person being supervised by a veterinary surgeon, may use the animal to perform an autopsy, regardless of whether the animal died before or after the surgeon received it.\ns 60AA ins 2023 SL No. 186 s 11\n(sec.60AA-ssec.1) This section applies in relation to a dead protected, international or prohibited animal.\n(sec.60AA-ssec.2) A veterinary surgeon, or a person being supervised by a veterinary surgeon, may use the animal to perform an autopsy, regardless of whether the animal died before or after the surgeon received it.","sortOrder":93},{"sectionNumber":"sec.60A","sectionType":"section","heading":"Veterinary surgeons giving away dead animals","content":"### sec.60A Veterinary surgeons giving away dead animals\n\nThis section applies if a veterinary surgeon—\ntreats or cares for a protected animal that dies at the veterinary premises of the veterinary surgeon; or\nperforms an autopsy on a dead protected animal.\nThe veterinary surgeon, with the consent of the owner or custodian of the animal, may give away the animal to a person who intends to keep and use the animal under section 34 .\ns 60A ins 2021 SL No. 36 s 10\n(sec.60A-ssec.1) This section applies if a veterinary surgeon— treats or cares for a protected animal that dies at the veterinary premises of the veterinary surgeon; or performs an autopsy on a dead protected animal.\n(sec.60A-ssec.2) The veterinary surgeon, with the consent of the owner or custodian of the animal, may give away the animal to a person who intends to keep and use the animal under section 34 .\n- (a) treats or cares for a protected animal that dies at the veterinary premises of the veterinary surgeon; or\n- (b) performs an autopsy on a dead protected animal.","sortOrder":94},{"sectionNumber":"ch.3-pt.11","sectionType":"part","heading":"Flying-foxes","content":"# Flying-foxes","sortOrder":95},{"sectionNumber":"sec.61","sectionType":"section","heading":"Local governments dealing with flying-foxes","content":"### sec.61 Local governments dealing with flying-foxes\n\nThis section applies to a local government if—\na flying-fox roost is located in an urban flying-fox management area in the local government’s local government area; and\nthe local government has not been granted a flying-fox roost management permit.\nThe local government, or a relevant person for the local government, may—\ndestroy the flying-fox roost; or\ndrive away, or attempt to drive away, a flying-fox from the roost; or\ndisturb a flying fox in the roost.\nHowever, the local government or relevant person may act under subsection (2) only in a way that complies with the flying-fox roost management code.\n(sec.61-ssec.1) This section applies to a local government if— a flying-fox roost is located in an urban flying-fox management area in the local government’s local government area; and the local government has not been granted a flying-fox roost management permit.\n(sec.61-ssec.2) The local government, or a relevant person for the local government, may— destroy the flying-fox roost; or drive away, or attempt to drive away, a flying-fox from the roost; or disturb a flying fox in the roost.\n(sec.61-ssec.3) However, the local government or relevant person may act under subsection (2) only in a way that complies with the flying-fox roost management code.\n- (a) a flying-fox roost is located in an urban flying-fox management area in the local government’s local government area; and\n- (b) the local government has not been granted a flying-fox roost management permit.\n- (a) destroy the flying-fox roost; or\n- (b) drive away, or attempt to drive away, a flying-fox from the roost; or\n- (c) disturb a flying fox in the roost.","sortOrder":96},{"sectionNumber":"sec.62","sectionType":"section","heading":"Low impact activities affecting a flying-fox roost","content":"### sec.62 Low impact activities affecting a flying-fox roost\n\nA person may carry out any of the following activities in relation to a tree that is a flying-fox roost—\ncut the branches of the tree;\nput mulch near the tree;\nmow grass near the tree;\ncut, remove or destroy vegetation near the tree;\nuse a hose or water sprinkler near the tree;\nbuild, maintain or remove infrastructure near the tree.\nThe clearing of vegetation is regulated by the Vegetation Management Act 1999 .\nHowever, the person may act under subsection (1) only in a way that complies with the flying-fox roost low impact activities code.\nIn this section—\ninfrastructure includes a building, or other structure, built or used for any purpose, including, for example, a fence, pipeline or road.\n(sec.62-ssec.1) A person may carry out any of the following activities in relation to a tree that is a flying-fox roost— cut the branches of the tree; put mulch near the tree; mow grass near the tree; cut, remove or destroy vegetation near the tree; use a hose or water sprinkler near the tree; build, maintain or remove infrastructure near the tree. The clearing of vegetation is regulated by the Vegetation Management Act 1999 .\n(sec.62-ssec.2) However, the person may act under subsection (1) only in a way that complies with the flying-fox roost low impact activities code.\n(sec.62-ssec.3) In this section— infrastructure includes a building, or other structure, built or used for any purpose, including, for example, a fence, pipeline or road.\n- (a) cut the branches of the tree;\n- (b) put mulch near the tree;\n- (c) mow grass near the tree;\n- (d) cut, remove or destroy vegetation near the tree;\n- (e) use a hose or water sprinkler near the tree;\n- (f) build, maintain or remove infrastructure near the tree.","sortOrder":97},{"sectionNumber":"ch.3-pt.12","sectionType":"part","heading":"Amphibians","content":"# Amphibians","sortOrder":98},{"sectionNumber":"sec.63","sectionType":"section","heading":"Dealing with amphibians","content":"### sec.63 Dealing with amphibians\n\nThis section applies in relation to an educational institution that does not hold an animal authority for taking, keeping or using amphibians.\nThe educational institution, or a relevant person for the educational institution, may carry out any of the following activities—\ncatch a tadpole that is a least concern amphibian on land owned by or for the educational institution;\nkeep the amphibian on the land, for educational purposes, until the amphibian undergoes metamorphosis;\nuse, other than sell, give away or process, the amphibian on the land, for educational purposes, until the amphibian undergoes metamorphosis;\nrelease the amphibian into the wild—\nat the place where the amphibian was taken; and\nin the way stated in a departmental code of practice for the amphibian.\ns 63 amd 2025 SL No. 125 s 5\n(sec.63-ssec.1) This section applies in relation to an educational institution that does not hold an animal authority for taking, keeping or using amphibians.\n(sec.63-ssec.2) The educational institution, or a relevant person for the educational institution, may carry out any of the following activities— catch a tadpole that is a least concern amphibian on land owned by or for the educational institution; keep the amphibian on the land, for educational purposes, until the amphibian undergoes metamorphosis; use, other than sell, give away or process, the amphibian on the land, for educational purposes, until the amphibian undergoes metamorphosis; release the amphibian into the wild— at the place where the amphibian was taken; and in the way stated in a departmental code of practice for the amphibian.\n- (a) catch a tadpole that is a least concern amphibian on land owned by or for the educational institution;\n- (b) keep the amphibian on the land, for educational purposes, until the amphibian undergoes metamorphosis;\n- (c) use, other than sell, give away or process, the amphibian on the land, for educational purposes, until the amphibian undergoes metamorphosis;\n- (d) release the amphibian into the wild— (i) at the place where the amphibian was taken; and (ii) in the way stated in a departmental code of practice for the amphibian.\n- (i) at the place where the amphibian was taken; and\n- (ii) in the way stated in a departmental code of practice for the amphibian.\n- (i) at the place where the amphibian was taken; and\n- (ii) in the way stated in a departmental code of practice for the amphibian.","sortOrder":99},{"sectionNumber":"ch.3-pt.13","sectionType":"part","heading":"Reptiles","content":"# Reptiles","sortOrder":100},{"sectionNumber":"sec.64","sectionType":"section","heading":"Dealing with reptiles","content":"### sec.64 Dealing with reptiles\n\nThis section applies if, immediately before the commencement, a person was permitted to keep a permitted reptile under the Act , other than under a licence, permit or other authority under the Act .\nThe person may keep the reptile.\nIn this section—\npermitted reptile means a least concern reptile, other than—\na freshwater crocodile ( Crocodylus johnstoni ); or\na reptile of the family Elapidae that is a dangerous animal.\n(sec.64-ssec.1) This section applies if, immediately before the commencement, a person was permitted to keep a permitted reptile under the Act , other than under a licence, permit or other authority under the Act .\n(sec.64-ssec.2) The person may keep the reptile.\n(sec.64-ssec.3) In this section— permitted reptile means a least concern reptile, other than— a freshwater crocodile ( Crocodylus johnstoni ); or a reptile of the family Elapidae that is a dangerous animal.\n- (a) a freshwater crocodile ( Crocodylus johnstoni ); or\n- (b) a reptile of the family Elapidae that is a dangerous animal.","sortOrder":101},{"sectionNumber":"sec.65","sectionType":"section","heading":"Requirement to notify chief executive and comply with directions","content":"### sec.65 Requirement to notify chief executive and comply with directions\n\nThis section applies if—\na person keeps a reptile under section 64 ; and\nthe reptile produces an offspring (a breeding event ).\nThe person must, unless the person has a reasonable excuse—\nnotify the chief executive of the breeding event within 24 hours of the event; and\nif the chief executive, or a conservation officer, directs the person to deal with the offspring in a particular way—deal with the offspring in the way directed.\nMaximum penalty—80 penalty units.\n(sec.65-ssec.1) This section applies if— a person keeps a reptile under section 64 ; and the reptile produces an offspring (a breeding event ).\n(sec.65-ssec.2) The person must, unless the person has a reasonable excuse— notify the chief executive of the breeding event within 24 hours of the event; and if the chief executive, or a conservation officer, directs the person to deal with the offspring in a particular way—deal with the offspring in the way directed. Maximum penalty—80 penalty units.\n- (a) a person keeps a reptile under section 64 ; and\n- (b) the reptile produces an offspring (a breeding event ).\n- (a) notify the chief executive of the breeding event within 24 hours of the event; and\n- (b) if the chief executive, or a conservation officer, directs the person to deal with the offspring in a particular way—deal with the offspring in the way directed.","sortOrder":102},{"sectionNumber":"ch.3-pt.14","sectionType":"part","heading":"Fish","content":"# Fish","sortOrder":103},{"sectionNumber":"sec.66","sectionType":"section","heading":"Dealing with particular fish for non-commercial purposes","content":"### sec.66 Dealing with particular fish for non-commercial purposes\n\nThis section applies in relation to a fish of a relevant species that has, at all times, been lawfully obtained and kept, other than under an animal authority.\nA person may carry out any of the following activities in relation to the fish for a purpose other than a commercial purpose—\nkeep the fish;\nbuy, accept or receive the fish;\nsell or give away the fish;\nif the fish is sold or given away—move the fish from the place where the fish was kept before the fish was sold or given away to the place where the person who bought, accepted or received the fish intends to keep it.\nIn this section—\nrelevant species means each of the following species of fish—\nDaintree rainbowfish ( Cairnsichthys bitaeniatus );\nElizabeth Springs goby ( Chlamydogobius micropterus );\nFlinders Ranges mogurnda ( Mogurnda clivicola );\nOxleyan pygmy perch ( Nannoperca oxleyana ).\ns 66 amd 2021 SL No. 165 s 6\nsub 2023 SL No. 77 s 6 ; 2024 SL No. 196 s 18\n(sec.66-ssec.1) This section applies in relation to a fish of a relevant species that has, at all times, been lawfully obtained and kept, other than under an animal authority.\n(sec.66-ssec.2) A person may carry out any of the following activities in relation to the fish for a purpose other than a commercial purpose— keep the fish; buy, accept or receive the fish; sell or give away the fish; if the fish is sold or given away—move the fish from the place where the fish was kept before the fish was sold or given away to the place where the person who bought, accepted or received the fish intends to keep it.\n(sec.66-ssec.3) In this section— relevant species means each of the following species of fish— Daintree rainbowfish ( Cairnsichthys bitaeniatus ); Elizabeth Springs goby ( Chlamydogobius micropterus ); Flinders Ranges mogurnda ( Mogurnda clivicola ); Oxleyan pygmy perch ( Nannoperca oxleyana ).\n- (a) keep the fish;\n- (b) buy, accept or receive the fish;\n- (c) sell or give away the fish;\n- (d) if the fish is sold or given away—move the fish from the place where the fish was kept before the fish was sold or given away to the place where the person who bought, accepted or received the fish intends to keep it.\n- (a) Daintree rainbowfish ( Cairnsichthys bitaeniatus );\n- (b) Elizabeth Springs goby ( Chlamydogobius micropterus );\n- (c) Flinders Ranges mogurnda ( Mogurnda clivicola );\n- (d) Oxleyan pygmy perch ( Nannoperca oxleyana ).","sortOrder":104},{"sectionNumber":"sec.66A","sectionType":"section","heading":"Dealing with particular fish regulated under Fisheries Act 1994","content":"### sec.66A Dealing with particular fish regulated under Fisheries Act 1994\n\nA person may carry out any of the following activities in relation to a fish of a regulated species to the extent the person is authorised under the Fisheries Act 1994 to carry out the activity—\ntake the fish;\nkeep the fish;\nuse the fish;\nrelease the fish into the wild.\nIn this section—\nregulated species means each of the following species of fish—\nAustralian lungfish ( Neoceratodus forsteri );\nlargetooth sawfish ( Pristis pristis );\nMary River cod ( Maccullochella mariensis );\nredfish ( Centroberyx affinis );\nscalloped hammerhead ( Sphyrna lewini );\nsilver perch ( Bidyanus bidyanus ).\ns 66A ins 2024 SL No. 196 s 18\namd 2025 SL No. 42 s 19\n(sec.66A-ssec.1) A person may carry out any of the following activities in relation to a fish of a regulated species to the extent the person is authorised under the Fisheries Act 1994 to carry out the activity— take the fish; keep the fish; use the fish; release the fish into the wild.\n(sec.66A-ssec.2) In this section— regulated species means each of the following species of fish— Australian lungfish ( Neoceratodus forsteri ); largetooth sawfish ( Pristis pristis ); Mary River cod ( Maccullochella mariensis ); redfish ( Centroberyx affinis ); scalloped hammerhead ( Sphyrna lewini ); silver perch ( Bidyanus bidyanus ).\n- (a) take the fish;\n- (b) keep the fish;\n- (c) use the fish;\n- (d) release the fish into the wild.\n- (a) Australian lungfish ( Neoceratodus forsteri );\n- (b) largetooth sawfish ( Pristis pristis );\n- (c) Mary River cod ( Maccullochella mariensis );\n- (d) redfish ( Centroberyx affinis );\n- (e) scalloped hammerhead ( Sphyrna lewini );\n- (f) silver perch ( Bidyanus bidyanus ).","sortOrder":105},{"sectionNumber":"ch.3-pt.15","sectionType":"part","heading":"Natural products","content":"# Natural products","sortOrder":106},{"sectionNumber":"sec.67","sectionType":"section","heading":"Taking and keeping natural products for non-commercial purposes","content":"### sec.67 Taking and keeping natural products for non-commercial purposes\n\nA person may carry out any of the following activities in relation to a natural product derived from a protected animal for a purpose other than a commercial purpose—\ntake the product;\nkeep the product;\nuse the product.\n- (a) take the product;\n- (b) keep the product;\n- (c) use the product.","sortOrder":107},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":108},{"sectionNumber":"sec.68","sectionType":"section","heading":"Purpose of chapter","content":"### sec.68 Purpose of chapter\n\nThis chapter—\nauthorises particular persons to carry out particular activities in relation to particular animals if those persons have been granted, or automatically issued, animal authorities; and\nimposes restrictions on the grant, or automatic issue, of animal authorities; and\nimposes conditions on animal authorities.\nPart 5 , division 4 of the Act contains offences prohibiting particular persons from carrying out particular activities in relation to protected animals unless the persons or activities are authorised under the Act .\nSee chapter 3 for activities authorised without holding animal authorities.\nSee part 2 , division 3 about moving particular animals under authorities.\nSee part 16 and chapter 5 , part 2 about movement permits authorising the movement of animals.\ns 68 amd 2025 SL No. 125 s 34 s ch 1 pt 1\n- (a) authorises particular persons to carry out particular activities in relation to particular animals if those persons have been granted, or automatically issued, animal authorities; and\n- (b) imposes restrictions on the grant, or automatic issue, of animal authorities; and\n- (c) imposes conditions on animal authorities.\n- 1 Part 5 , division 4 of the Act contains offences prohibiting particular persons from carrying out particular activities in relation to protected animals unless the persons or activities are authorised under the Act .\n- 2 See chapter 3 for activities authorised without holding animal authorities.\n- 3 See part 2 , division 3 about moving particular animals under authorities.\n- 4 See part 16 and chapter 5 , part 2 about movement permits authorising the movement of animals.","sortOrder":109},{"sectionNumber":"sec.69","sectionType":"section","heading":"Inconsistency between regulation and conservation plan","content":"### sec.69 Inconsistency between regulation and conservation plan\n\nThis section applies if—\na provision of this regulation (the regulation provision ) states what a holder of an animal authority, or a relevant person for the holder—\nmay do under the authority; or\nmust or must not do under the authority; or\nmay do, or must do, on conditions under the authority; and\na provision of a conservation plan (the conservation plan provision ) applying to an authorised animal for the authority is inconsistent with the regulation provision.\nUnless otherwise stated in the conservation plan provision, the conservation plan provision prevails to the extent of the inconsistency.\nSee the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , part 4 , division 1 for limitations on activities authorised under particular wildlife authorities.\n(sec.69-ssec.1) This section applies if— a provision of this regulation (the regulation provision ) states what a holder of an animal authority, or a relevant person for the holder— may do under the authority; or must or must not do under the authority; or may do, or must do, on conditions under the authority; and a provision of a conservation plan (the conservation plan provision ) applying to an authorised animal for the authority is inconsistent with the regulation provision.\n(sec.69-ssec.2) Unless otherwise stated in the conservation plan provision, the conservation plan provision prevails to the extent of the inconsistency. See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , part 4 , division 1 for limitations on activities authorised under particular wildlife authorities.\n- (a) a provision of this regulation (the regulation provision ) states what a holder of an animal authority, or a relevant person for the holder— (i) may do under the authority; or (ii) must or must not do under the authority; or (iii) may do, or must do, on conditions under the authority; and\n- (i) may do under the authority; or\n- (ii) must or must not do under the authority; or\n- (iii) may do, or must do, on conditions under the authority; and\n- (b) a provision of a conservation plan (the conservation plan provision ) applying to an authorised animal for the authority is inconsistent with the regulation provision.\n- (i) may do under the authority; or\n- (ii) must or must not do under the authority; or\n- (iii) may do, or must do, on conditions under the authority; and","sortOrder":110},{"sectionNumber":"sec.70","sectionType":"section","heading":"Relationship between different authorisations under animal authorities","content":"### sec.70 Relationship between different authorisations under animal authorities\n\nThis section applies if—\na provision of parts 3 to 18 authorises (the general authorisation ) a person to carry out an activity under an animal authority; and\nanother provision of parts 3 to 18 authorises (the specific authorisation ) the person to carry out the activity under the authority in particular circumstances.\nTo the extent practicable—\nthe general authorisation and the specific authorisation are to be read together; and\nthe specific authorisation limits the general authorisation.\nSection 91 authorises the holder of a standard licence, or a relevant person for the holder, to use an authorised animal under the licence, including, for example, to move an authorised animal. Section 93 authorises the holder or relevant person to move an authorised animal under the licence in particular circumstances. The holder or relevant person is only authorised, under section 91 , to move an authorised animal under the licence to the extent the movement is permitted under section 93 .\nSection 151 authorises the holder of a farming licence, or a relevant person for the holder, to use an authorised animal under the licence, including, for example, display an authorised animal. Section 152 authorises the holder or relevant person to display an authorised animal under the licence in particular circumstances. The holder or relevant person is only authorised, under section 151 , to display an authorised animal under the licence to the extent the display is permitted under section 152 .\n(sec.70-ssec.1) This section applies if— a provision of parts 3 to 18 authorises (the general authorisation ) a person to carry out an activity under an animal authority; and another provision of parts 3 to 18 authorises (the specific authorisation ) the person to carry out the activity under the authority in particular circumstances.\n(sec.70-ssec.2) To the extent practicable— the general authorisation and the specific authorisation are to be read together; and the specific authorisation limits the general authorisation. Section 91 authorises the holder of a standard licence, or a relevant person for the holder, to use an authorised animal under the licence, including, for example, to move an authorised animal. Section 93 authorises the holder or relevant person to move an authorised animal under the licence in particular circumstances. The holder or relevant person is only authorised, under section 91 , to move an authorised animal under the licence to the extent the movement is permitted under section 93 . Section 151 authorises the holder of a farming licence, or a relevant person for the holder, to use an authorised animal under the licence, including, for example, display an authorised animal. Section 152 authorises the holder or relevant person to display an authorised animal under the licence in particular circumstances. The holder or relevant person is only authorised, under section 151 , to display an authorised animal under the licence to the extent the display is permitted under section 152 .\n- (a) a provision of parts 3 to 18 authorises (the general authorisation ) a person to carry out an activity under an animal authority; and\n- (b) another provision of parts 3 to 18 authorises (the specific authorisation ) the person to carry out the activity under the authority in particular circumstances.\n- (a) the general authorisation and the specific authorisation are to be read together; and\n- (b) the specific authorisation limits the general authorisation.\n- 1 Section 91 authorises the holder of a standard licence, or a relevant person for the holder, to use an authorised animal under the licence, including, for example, to move an authorised animal. Section 93 authorises the holder or relevant person to move an authorised animal under the licence in particular circumstances. The holder or relevant person is only authorised, under section 91 , to move an authorised animal under the licence to the extent the movement is permitted under section 93 .\n- 2 Section 151 authorises the holder of a farming licence, or a relevant person for the holder, to use an authorised animal under the licence, including, for example, display an authorised animal. Section 152 authorises the holder or relevant person to display an authorised animal under the licence in particular circumstances. The holder or relevant person is only authorised, under section 151 , to display an authorised animal under the licence to the extent the display is permitted under section 152 .","sortOrder":111},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Provisions applying to all animal authorities","content":"# Provisions applying to all animal authorities","sortOrder":112},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"General limitations on authorities","content":"## General limitations on authorities","sortOrder":113},{"sectionNumber":"sec.71","sectionType":"section","heading":"Animals must be lawfully obtained or introduced","content":"### sec.71 Animals must be lawfully obtained or introduced\n\nNothing in this chapter authorises the holder of an animal authority, or a relevant person for the holder, to keep or use an animal—\nnot lawfully obtained by the holder or relevant person; or\nfor an international or prohibited animal—not lawfully introduced into the State.\nSee sections 88 (5) , 90A and 91 (1) (c) of the Act for offences in relation to animals not lawfully taken or introduced.\nPart 5 , divisions 4 to 6 of the Act contains other restrictions about keeping, using or moving wildlife.\n- (a) not lawfully obtained by the holder or relevant person; or\n- (b) for an international or prohibited animal—not lawfully introduced into the State.\n- 1 See sections 88 (5) , 90A and 91 (1) (c) of the Act for offences in relation to animals not lawfully taken or introduced.\n- 2 Part 5 , divisions 4 to 6 of the Act contains other restrictions about keeping, using or moving wildlife.","sortOrder":114},{"sectionNumber":"sec.72","sectionType":"section","heading":"Animal authorities limited to live or dead animals","content":"### sec.72 Animal authorities limited to live or dead animals\n\nIf an animal authority applies to a live animal of a particular species, nothing in this chapter authorises the holder of the authority, or a relevant person for the holder, to take, keep or use a dead animal of the species.\nIf an animal authority applies to a dead animal of a particular species, nothing in this chapter authorises the holder of the authority, or a relevant person for the holder, to take, keep or use a live animal of the species.\n(sec.72-ssec.1) If an animal authority applies to a live animal of a particular species, nothing in this chapter authorises the holder of the authority, or a relevant person for the holder, to take, keep or use a dead animal of the species.\n(sec.72-ssec.2) If an animal authority applies to a dead animal of a particular species, nothing in this chapter authorises the holder of the authority, or a relevant person for the holder, to take, keep or use a live animal of the species.","sortOrder":115},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"Taking animals","content":"## Taking animals","sortOrder":116},{"sectionNumber":"sec.73","sectionType":"section","heading":"Taking animals by killing","content":"### sec.73 Taking animals by killing\n\nThis section applies if a provision of this chapter authorises the holder of an animal authority, or a relevant person for the holder, to—\ntake an authorised animal by killing the animal; and\nkeep or use the animal.\nThe provision does not authorise the holder or relevant person to take, keep or use an authorised animal that was not killed by the holder or relevant person.\nan authorised animal found already dead by the holder or relevant person\nan authorised animal killed by someone other than the holder or relevant person\na live authorised animal\n(sec.73-ssec.1) This section applies if a provision of this chapter authorises the holder of an animal authority, or a relevant person for the holder, to— take an authorised animal by killing the animal; and keep or use the animal.\n(sec.73-ssec.2) The provision does not authorise the holder or relevant person to take, keep or use an authorised animal that was not killed by the holder or relevant person. an authorised animal found already dead by the holder or relevant person an authorised animal killed by someone other than the holder or relevant person a live authorised animal\n- (a) take an authorised animal by killing the animal; and\n- (b) keep or use the animal.\n- • an authorised animal found already dead by the holder or relevant person\n- • an authorised animal killed by someone other than the holder or relevant person\n- • a live authorised animal","sortOrder":117},{"sectionNumber":"ch.4-pt.2-div.3","sectionType":"division","heading":"Movement of animals","content":"## Movement of animals","sortOrder":118},{"sectionNumber":"sec.74","sectionType":"section","heading":"Moving animals to particular authorised buyers","content":"### sec.74 Moving animals to particular authorised buyers\n\nThis section applies if, under an animal authority, the holder of the authority, or a relevant person for the holder, sells or gives an authorised animal to an authorised buyer for the animal.\nThe holder, relevant person or authorised buyer may move the animal from the place where the holder or relevant person keeps the animal to the place where the authorised buyer intends to keep the animal.\nSubsection (2) does not authorise the holder, relevant person or authorised buyer to move—\na live special native animal; or\na prescribed protected animal—\nto another country; or\ninto another State if the movement is, whether directly or indirectly, associated with—\nmoving the animal to another country; or\nselling, giving or moving the animal to a person in another country.\n(sec.74-ssec.1) This section applies if, under an animal authority, the holder of the authority, or a relevant person for the holder, sells or gives an authorised animal to an authorised buyer for the animal.\n(sec.74-ssec.2) The holder, relevant person or authorised buyer may move the animal from the place where the holder or relevant person keeps the animal to the place where the authorised buyer intends to keep the animal.\n(sec.74-ssec.3) Subsection (2) does not authorise the holder, relevant person or authorised buyer to move— a live special native animal; or a prescribed protected animal— to another country; or into another State if the movement is, whether directly or indirectly, associated with— moving the animal to another country; or selling, giving or moving the animal to a person in another country.\n- (a) a live special native animal; or\n- (b) a prescribed protected animal— (i) to another country; or (ii) into another State if the movement is, whether directly or indirectly, associated with— (A) moving the animal to another country; or (B) selling, giving or moving the animal to a person in another country.\n- (i) to another country; or\n- (ii) into another State if the movement is, whether directly or indirectly, associated with— (A) moving the animal to another country; or (B) selling, giving or moving the animal to a person in another country.\n- (A) moving the animal to another country; or\n- (B) selling, giving or moving the animal to a person in another country.\n- (i) to another country; or\n- (ii) into another State if the movement is, whether directly or indirectly, associated with— (A) moving the animal to another country; or (B) selling, giving or moving the animal to a person in another country.\n- (A) moving the animal to another country; or\n- (B) selling, giving or moving the animal to a person in another country.\n- (A) moving the animal to another country; or\n- (B) selling, giving or moving the animal to a person in another country.","sortOrder":119},{"sectionNumber":"sec.75","sectionType":"section","heading":"Moving animals from interstate sellers","content":"### sec.75 Moving animals from interstate sellers\n\nThis section applies if, under an animal authority, the holder of the authority, or a relevant person for the holder, buys, accepts or receives an authorised animal from an authorised interstate seller for the animal.\nThe holder, relevant person or authorised interstate seller may move the animal from the place where the authorised interstate seller keeps the animal to—\nthe licensed premises for the animal authority; or\nanother authorised premises for the animal.\nThis section does not authorise the holder, relevant person or authorised interstate seller to move—\na live special native animal; or\na dead crocodile or emu; or\na prescribed protected animal—\nto another country; or\ninto another State if the movement is, whether directly or indirectly, associated with—\nmoving the animal to another country; or\nselling, giving or moving the animal to a person in another country.\n(sec.75-ssec.1) This section applies if, under an animal authority, the holder of the authority, or a relevant person for the holder, buys, accepts or receives an authorised animal from an authorised interstate seller for the animal.\n(sec.75-ssec.2) The holder, relevant person or authorised interstate seller may move the animal from the place where the authorised interstate seller keeps the animal to— the licensed premises for the animal authority; or another authorised premises for the animal.\n(sec.75-ssec.3) This section does not authorise the holder, relevant person or authorised interstate seller to move— a live special native animal; or a dead crocodile or emu; or a prescribed protected animal— to another country; or into another State if the movement is, whether directly or indirectly, associated with— moving the animal to another country; or selling, giving or moving the animal to a person in another country.\n- (a) the licensed premises for the animal authority; or\n- (b) another authorised premises for the animal.\n- (a) a live special native animal; or\n- (b) a dead crocodile or emu; or\n- (c) a prescribed protected animal— (i) to another country; or (ii) into another State if the movement is, whether directly or indirectly, associated with— (A) moving the animal to another country; or (B) selling, giving or moving the animal to a person in another country.\n- (i) to another country; or\n- (ii) into another State if the movement is, whether directly or indirectly, associated with— (A) moving the animal to another country; or (B) selling, giving or moving the animal to a person in another country.\n- (A) moving the animal to another country; or\n- (B) selling, giving or moving the animal to a person in another country.\n- (i) to another country; or\n- (ii) into another State if the movement is, whether directly or indirectly, associated with— (A) moving the animal to another country; or (B) selling, giving or moving the animal to a person in another country.\n- (A) moving the animal to another country; or\n- (B) selling, giving or moving the animal to a person in another country.\n- (A) moving the animal to another country; or\n- (B) selling, giving or moving the animal to a person in another country.","sortOrder":120},{"sectionNumber":"sec.76","sectionType":"section","heading":"Moving animals for private reasons","content":"### sec.76 Moving animals for private reasons\n\nThis section applies if the holder of an animal authority, or a relevant person for the holder, keeps an authorised animal under the authority.\nThe holder or relevant person may move the animal—\non the authorised premises for the animal; or\nif the animal is kept at the holder’s or relevant person’s place of business and the holder or relevant person moves to a new place of business within the State—to the new place of business; or\nif the animal is kept at the holder’s or relevant person’s place of residence and the holder or relevant person moves to a new place of residence within the State—to the new place of residence.\nSee section 80 for the requirement to notify the chief executive of particular changes, including a change of address stated in an animal authority.\n(sec.76-ssec.1) This section applies if the holder of an animal authority, or a relevant person for the holder, keeps an authorised animal under the authority.\n(sec.76-ssec.2) The holder or relevant person may move the animal— on the authorised premises for the animal; or if the animal is kept at the holder’s or relevant person’s place of business and the holder or relevant person moves to a new place of business within the State—to the new place of business; or if the animal is kept at the holder’s or relevant person’s place of residence and the holder or relevant person moves to a new place of residence within the State—to the new place of residence. See section 80 for the requirement to notify the chief executive of particular changes, including a change of address stated in an animal authority.\n- (a) on the authorised premises for the animal; or\n- (b) if the animal is kept at the holder’s or relevant person’s place of business and the holder or relevant person moves to a new place of business within the State—to the new place of business; or\n- (c) if the animal is kept at the holder’s or relevant person’s place of residence and the holder or relevant person moves to a new place of residence within the State—to the new place of residence.","sortOrder":121},{"sectionNumber":"sec.77","sectionType":"section","heading":"Moving live animals to and from veterinary surgeon","content":"### sec.77 Moving live animals to and from veterinary surgeon\n\nThis section applies if the holder of an animal authority, or a relevant person for the holder, keeps a live authorised animal in the State under the authority.\nThe holder or relevant person may move the animal—\nfrom the place where the animal is being kept (the place of keeping ) to the veterinary premises of a veterinary surgeon for treatment or care for the animal; or\nfrom the veterinary premises of a veterinary surgeon who treated or cared for the animal to the place of keeping.\nHowever, if the premises of the veterinary surgeon is outside the State, the holder or relevant person may move the animal under subsection (2) (a) only if the holder or relevant person ensures the animal is moved back under subsection (2) (b) as soon as practicable after the treatment or care is given.\nSubsection (3) does not apply to the holder or relevant person if the animal dies.\n(sec.77-ssec.1) This section applies if the holder of an animal authority, or a relevant person for the holder, keeps a live authorised animal in the State under the authority.\n(sec.77-ssec.2) The holder or relevant person may move the animal— from the place where the animal is being kept (the place of keeping ) to the veterinary premises of a veterinary surgeon for treatment or care for the animal; or from the veterinary premises of a veterinary surgeon who treated or cared for the animal to the place of keeping.\n(sec.77-ssec.3) However, if the premises of the veterinary surgeon is outside the State, the holder or relevant person may move the animal under subsection (2) (a) only if the holder or relevant person ensures the animal is moved back under subsection (2) (b) as soon as practicable after the treatment or care is given.\n(sec.77-ssec.4) Subsection (3) does not apply to the holder or relevant person if the animal dies.\n- (a) from the place where the animal is being kept (the place of keeping ) to the veterinary premises of a veterinary surgeon for treatment or care for the animal; or\n- (b) from the veterinary premises of a veterinary surgeon who treated or cared for the animal to the place of keeping.","sortOrder":122},{"sectionNumber":"sec.77A","sectionType":"section","heading":"Moving dead animals to and from veterinary surgeon for autopsy","content":"### sec.77A Moving dead animals to and from veterinary surgeon for autopsy\n\nThis section applies if an authorised animal kept under an animal authority dies.\nThe holder of the animal authority, or relevant person for the holder, may move the animal—\nfrom the place where the animal is being kept (the place of keeping ) to the veterinary premises of a veterinary surgeon for performing an autopsy on the animal; or\nfrom the veterinary premises of a veterinary surgeon who performed or supervised an autopsy on the animal to the place of keeping.\ns 77A ins 2023 SL No. 186 s 12\n(sec.77A-ssec.1) This section applies if an authorised animal kept under an animal authority dies.\n(sec.77A-ssec.2) The holder of the animal authority, or relevant person for the holder, may move the animal— from the place where the animal is being kept (the place of keeping ) to the veterinary premises of a veterinary surgeon for performing an autopsy on the animal; or from the veterinary premises of a veterinary surgeon who performed or supervised an autopsy on the animal to the place of keeping.\n- (a) from the place where the animal is being kept (the place of keeping ) to the veterinary premises of a veterinary surgeon for performing an autopsy on the animal; or\n- (b) from the veterinary premises of a veterinary surgeon who performed or supervised an autopsy on the animal to the place of keeping.","sortOrder":123},{"sectionNumber":"ch.4-pt.2-div.4","sectionType":"division","heading":"General conditions","content":"## General conditions","sortOrder":124},{"sectionNumber":"sec.78","sectionType":"section","heading":"Purpose of division","content":"### sec.78 Purpose of division\n\nThis division states conditions that apply to all animal authorities.\nFailure to comply with a condition of an animal authority is an offence under section 318 .\nAlso, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\nThis division does not limit any other condition the chief executive may impose on an animal authority.\nFor the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n(sec.78-ssec.1) This division states conditions that apply to all animal authorities. Failure to comply with a condition of an animal authority is an offence under section 318 . Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\n(sec.78-ssec.2) This division does not limit any other condition the chief executive may impose on an animal authority. For the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n- 1 Failure to comply with a condition of an animal authority is an offence under section 318 .\n- 2 Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.","sortOrder":125},{"sectionNumber":"sec.79","sectionType":"section","heading":"Animal authority or identification must be available for inspection","content":"### sec.79 Animal authority or identification must be available for inspection\n\nThe holder of an animal authority must ensure a person carrying out an activity under the authority, while carrying out the activity, has the following documents available for inspection—\nif the person is the holder of the authority—the authority or a copy of the authority;\nif the person is not the holder of the authority—a copy of the authority endorsed by the holder of the authority with the person’s name and residential address.\n- (a) if the person is the holder of the authority—the authority or a copy of the authority;\n- (b) if the person is not the holder of the authority—a copy of the authority endorsed by the holder of the authority with the person’s name and residential address.","sortOrder":126},{"sectionNumber":"sec.80","sectionType":"section","heading":"Notification of particular changes in authority management system","content":"### sec.80 Notification of particular changes in authority management system\n\nThis section applies if the holder of an animal authority changes, or proposes to change—\nthe postal, residential or business address of the holder; or\nif the animal authority was automatically issued—the licensed premises for the authority to another premises in the State.\nHowever, this section does not apply if the holder is a child.\nBefore or immediately after the change happens, the holder must notify the chief executive of the change by updating the holder’s information in the authority management system to reflect the change.\ns 80 sub 2025 SL No. 125 s 6\n(sec.80-ssec.1) This section applies if the holder of an animal authority changes, or proposes to change— the postal, residential or business address of the holder; or if the animal authority was automatically issued—the licensed premises for the authority to another premises in the State.\n(sec.80-ssec.2) However, this section does not apply if the holder is a child.\n(sec.80-ssec.3) Before or immediately after the change happens, the holder must notify the chief executive of the change by updating the holder’s information in the authority management system to reflect the change.\n- (a) the postal, residential or business address of the holder; or\n- (b) if the animal authority was automatically issued—the licensed premises for the authority to another premises in the State.","sortOrder":127},{"sectionNumber":"sec.80A","sectionType":"section","heading":"Notification of particular changes by application for amendment","content":"### sec.80A Notification of particular changes by application for amendment\n\nThis section applies if the holder of an animal authority changes, or proposes to change—\nthe postal, residential or business address of the holder; or\nthe licensed premises for the authority; or\nthe place where an authorised animal is kept under the authority; or\nthe name of the holder; or\nif the holder is a corporation—the person in charge for the authority.\nHowever, this section does not apply if, under section 80 , the holder has updated the holder’s information in the authority management system to reflect the change.\nBefore or immediately after the change happens, the holder must notify the chief executive of the change by applying for an amendment of the animal authority to reflect the change.\nFor amending an animal authority by application, see chapter 5 , part 6 , division 2 .\ns 80A ins 2025 SL No. 125 s 6\n(sec.80A-ssec.1) This section applies if the holder of an animal authority changes, or proposes to change— the postal, residential or business address of the holder; or the licensed premises for the authority; or the place where an authorised animal is kept under the authority; or the name of the holder; or if the holder is a corporation—the person in charge for the authority.\n(sec.80A-ssec.2) However, this section does not apply if, under section 80 , the holder has updated the holder’s information in the authority management system to reflect the change.\n(sec.80A-ssec.3) Before or immediately after the change happens, the holder must notify the chief executive of the change by applying for an amendment of the animal authority to reflect the change. For amending an animal authority by application, see chapter 5 , part 6 , division 2 .\n- (a) the postal, residential or business address of the holder; or\n- (b) the licensed premises for the authority; or\n- (c) the place where an authorised animal is kept under the authority; or\n- (d) the name of the holder; or\n- (e) if the holder is a corporation—the person in charge for the authority.","sortOrder":128},{"sectionNumber":"sec.81","sectionType":"section","heading":"Buying, accepting and receiving animals","content":"### sec.81 Buying, accepting and receiving animals\n\nThe holder of an animal authority, or a relevant person for the holder, must not buy, accept or receive an authorised animal from a person who is not authorised to sell or give away the animal under—\nthe Act ; or\nthe Exhibited Animals Act 2015 ; or\na law of another State or the Commonwealth.\nSee the Nature Conservation (Macropod) Conservation Plan 2017 for other restrictions applying to the buying or accepting of dead macropods under a dealer licence for dead macropods.\n- (a) the Act ; or\n- (b) the Exhibited Animals Act 2015 ; or\n- (c) a law of another State or the Commonwealth.","sortOrder":129},{"sectionNumber":"sec.82","sectionType":"section","heading":"Selling and giving away animals generally","content":"### sec.82 Selling and giving away animals generally\n\nThe holder of an animal authority, or a relevant person for the holder, must not sell or give away an authorised animal to a person who is not authorised to buy, accept or receive the animal under—\nthe Act ; or\nthe Exhibited Animals Act 2015 ; or\na law of another State or the Commonwealth.\n- (a) the Act ; or\n- (b) the Exhibited Animals Act 2015 ; or\n- (c) a law of another State or the Commonwealth.","sortOrder":130},{"sectionNumber":"sec.83","sectionType":"section","heading":"Selling, giving away and moving dependent animals","content":"### sec.83 Selling, giving away and moving dependent animals\n\nThis section applies if the holder of an animal authority, or a relevant person for the holder, keeps an authorised animal that is a dependent animal under the authority.\nThe holder or relevant person must not sell, give away or move the animal unless—\nthe chief executive has given the holder or relevant person written approval to carry out the activity; or\nfor the movement of the animal—\nthe animal is sick, injured or orphaned and the movement is to or from a veterinary surgeon for treatment or care; or\nthe animal is a captive bred bird and the movement is to another person, who holds an animal authority for the bird, for hand raising the bird; or\nthe animal is a bird egg and the movement is to another person, who holds an animal authority for the egg, for artificial incubation or foster parent incubation of the egg; or\nthe movement is to another person, who holds an animal authority for the animal’s mother, for keeping the animal with its mother.\nIn this section—\ndependent animal means any of the following animals—\na bird egg or a bird that is too young to fly;\na mammal that has not been weaned;\nan animal that can not feed itself or has visible signs of illness or injury.\ns 83 amd 2022 SL No. 166 s 5\n(sec.83-ssec.1) This section applies if the holder of an animal authority, or a relevant person for the holder, keeps an authorised animal that is a dependent animal under the authority.\n(sec.83-ssec.2) The holder or relevant person must not sell, give away or move the animal unless— the chief executive has given the holder or relevant person written approval to carry out the activity; or for the movement of the animal— the animal is sick, injured or orphaned and the movement is to or from a veterinary surgeon for treatment or care; or the animal is a captive bred bird and the movement is to another person, who holds an animal authority for the bird, for hand raising the bird; or the animal is a bird egg and the movement is to another person, who holds an animal authority for the egg, for artificial incubation or foster parent incubation of the egg; or the movement is to another person, who holds an animal authority for the animal’s mother, for keeping the animal with its mother.\n(sec.83-ssec.3) In this section— dependent animal means any of the following animals— a bird egg or a bird that is too young to fly; a mammal that has not been weaned; an animal that can not feed itself or has visible signs of illness or injury.\n- (a) the chief executive has given the holder or relevant person written approval to carry out the activity; or\n- (b) for the movement of the animal— (i) the animal is sick, injured or orphaned and the movement is to or from a veterinary surgeon for treatment or care; or (ii) the animal is a captive bred bird and the movement is to another person, who holds an animal authority for the bird, for hand raising the bird; or (iii) the animal is a bird egg and the movement is to another person, who holds an animal authority for the egg, for artificial incubation or foster parent incubation of the egg; or (iv) the movement is to another person, who holds an animal authority for the animal’s mother, for keeping the animal with its mother.\n- (i) the animal is sick, injured or orphaned and the movement is to or from a veterinary surgeon for treatment or care; or\n- (ii) the animal is a captive bred bird and the movement is to another person, who holds an animal authority for the bird, for hand raising the bird; or\n- (iii) the animal is a bird egg and the movement is to another person, who holds an animal authority for the egg, for artificial incubation or foster parent incubation of the egg; or\n- (iv) the movement is to another person, who holds an animal authority for the animal’s mother, for keeping the animal with its mother.\n- (i) the animal is sick, injured or orphaned and the movement is to or from a veterinary surgeon for treatment or care; or\n- (ii) the animal is a captive bred bird and the movement is to another person, who holds an animal authority for the bird, for hand raising the bird; or\n- (iii) the animal is a bird egg and the movement is to another person, who holds an animal authority for the egg, for artificial incubation or foster parent incubation of the egg; or\n- (iv) the movement is to another person, who holds an animal authority for the animal’s mother, for keeping the animal with its mother.\n- (a) a bird egg or a bird that is too young to fly;\n- (b) a mammal that has not been weaned;\n- (c) an animal that can not feed itself or has visible signs of illness or injury.","sortOrder":131},{"sectionNumber":"sec.84","sectionType":"section","heading":"Display of animal authority if animal displayed at particular places","content":"### sec.84 Display of animal authority if animal displayed at particular places\n\nThe holder of an animal authority must ensure a person displaying an animal under the authority, at a place other than the licensed premises for the authority, displays the authority or a copy of the authority at the place.\nHowever, if the address of a person’s place of residence is stated in the authority or copy, the address may be covered while the authority or copy is being displayed.\nIn this section—\ndisplay , an animal, includes demonstrate the animal.\n(sec.84-ssec.1) The holder of an animal authority must ensure a person displaying an animal under the authority, at a place other than the licensed premises for the authority, displays the authority or a copy of the authority at the place.\n(sec.84-ssec.2) However, if the address of a person’s place of residence is stated in the authority or copy, the address may be covered while the authority or copy is being displayed.\n(sec.84-ssec.3) In this section— display , an animal, includes demonstrate the animal.","sortOrder":132},{"sectionNumber":"sec.85","sectionType":"section","heading":"Housing and caring for live protected animals","content":"### sec.85 Housing and caring for live protected animals\n\nThe holder of an animal authority must ensure a person who keeps a live protected animal under the authority—\nkeeps the animal in a secure cage or enclosure that prevents the animal’s escape and protects it from predators; and\nsupplies the animal with shelter, ventilation and enough water and food to maintain the animal’s health or wellbeing.\nSee also section 327 about animal enclosures.\n- (a) keeps the animal in a secure cage or enclosure that prevents the animal’s escape and protects it from predators; and\n- (b) supplies the animal with shelter, ventilation and enough water and food to maintain the animal’s health or wellbeing.","sortOrder":133},{"sectionNumber":"sec.86","sectionType":"section","heading":"Sampling or implanting animals","content":"### sec.86 Sampling or implanting animals\n\nThis section applies if—\nthe holder of an animal authority, or a relevant person for the holder, keeps a live authorised animal under the authority; and\nthe chief executive gives the holder a notice, mentioned in section 366 (2) or (3) , in relation to the animal.\nThe holder must comply with the notice within the stated period for the notice.\n(sec.86-ssec.1) This section applies if— the holder of an animal authority, or a relevant person for the holder, keeps a live authorised animal under the authority; and the chief executive gives the holder a notice, mentioned in section 366 (2) or (3) , in relation to the animal.\n(sec.86-ssec.2) The holder must comply with the notice within the stated period for the notice.\n- (a) the holder of an animal authority, or a relevant person for the holder, keeps a live authorised animal under the authority; and\n- (b) the chief executive gives the holder a notice, mentioned in section 366 (2) or (3) , in relation to the animal.","sortOrder":134},{"sectionNumber":"sec.87","sectionType":"section","heading":"Dealing with kept animals after death—sampled or implanted animals","content":"### sec.87 Dealing with kept animals after death—sampled or implanted animals\n\nThis section applies if—\nthe holder of an animal authority, or a relevant person for the holder, keeps a live sampled or implanted animal under the authority; and\nthe animal dies.\nThe holder must ensure—\nan autopsy is performed on the animal by a veterinary surgeon within 14 days after the animal dies; or\nthe animal is frozen immediately after it dies and the frozen animal is given to the chief executive within 14 days after the animal dies.\nSee section 60 (1) in relation to the movement of a dead sampled or implanted animal.\nIf an autopsy is performed on the animal by a veterinary surgeon, the holder must also ensure the following things are given to the chief executive within 14 days after the animal dies—\na biological sample taken from the animal during the autopsy;\nif the veterinary surgeon finds the animal has a working electromagnetic implant—the implant;\nif the veterinary surgeon finds the animal has a electromagnetic implant that is not working—a written report prepared by the veterinary surgeon stating the reason why the implant is not working.\nSee section 60 (2) in relation to the movement of a biological sample taken from a dead sampled or implanted animal.\ns 87 amd 2021 SL No. 36 s 11\n(sec.87-ssec.1) This section applies if— the holder of an animal authority, or a relevant person for the holder, keeps a live sampled or implanted animal under the authority; and the animal dies.\n(sec.87-ssec.2) The holder must ensure— an autopsy is performed on the animal by a veterinary surgeon within 14 days after the animal dies; or the animal is frozen immediately after it dies and the frozen animal is given to the chief executive within 14 days after the animal dies. See section 60 (1) in relation to the movement of a dead sampled or implanted animal.\n(sec.87-ssec.3) If an autopsy is performed on the animal by a veterinary surgeon, the holder must also ensure the following things are given to the chief executive within 14 days after the animal dies— a biological sample taken from the animal during the autopsy; if the veterinary surgeon finds the animal has a working electromagnetic implant—the implant; if the veterinary surgeon finds the animal has a electromagnetic implant that is not working—a written report prepared by the veterinary surgeon stating the reason why the implant is not working. See section 60 (2) in relation to the movement of a biological sample taken from a dead sampled or implanted animal.\n- (a) the holder of an animal authority, or a relevant person for the holder, keeps a live sampled or implanted animal under the authority; and\n- (b) the animal dies.\n- (a) an autopsy is performed on the animal by a veterinary surgeon within 14 days after the animal dies; or\n- (b) the animal is frozen immediately after it dies and the frozen animal is given to the chief executive within 14 days after the animal dies.\n- (a) a biological sample taken from the animal during the autopsy;\n- (b) if the veterinary surgeon finds the animal has a working electromagnetic implant—the implant;\n- (c) if the veterinary surgeon finds the animal has a electromagnetic implant that is not working—a written report prepared by the veterinary surgeon stating the reason why the implant is not working.","sortOrder":135},{"sectionNumber":"sec.88","sectionType":"section","heading":"Dealing with kept animals after death—other animals","content":"### sec.88 Dealing with kept animals after death—other animals\n\nThis section applies if—\nthe holder of an animal authority, or a relevant person for the holder, keeps a live authorised animal, other than a sampled or implanted animal, under the authority; and\nthe animal dies; and\nno other provision of the Act authorises the holder or relevant person to sell or give away the dead animal.\nThe holder must ensure the animal is dealt with in 1 of the following ways—\nby incinerating or burying the animal;\nif the animal authority is not a rehabilitation permit—by selling or giving the animal to—\nthe holder of a dealer licence for the dead animal, or a relevant person for the holder of a dealer licence for the dead animal; or\nthe holder of a dead animal collection authority for the dead animal; or\na State museum.\nThe holder or relevant person must—\nif subsection (2) (a) applies—only move the animal to the place where the animal is to be buried or incinerated; or\nif subsection (2) (b) applies—only move the animal to—\nthe licensed premises for the dealer licence or the dead animal collection authority; or\nthe State museum.\ns 88 amd 2021 SL No. 36 s 12 ; 2023 SL No. 77 s 7\n(sec.88-ssec.1) This section applies if— the holder of an animal authority, or a relevant person for the holder, keeps a live authorised animal, other than a sampled or implanted animal, under the authority; and the animal dies; and no other provision of the Act authorises the holder or relevant person to sell or give away the dead animal.\n(sec.88-ssec.2) The holder must ensure the animal is dealt with in 1 of the following ways— by incinerating or burying the animal; if the animal authority is not a rehabilitation permit—by selling or giving the animal to— the holder of a dealer licence for the dead animal, or a relevant person for the holder of a dealer licence for the dead animal; or the holder of a dead animal collection authority for the dead animal; or a State museum.\n(sec.88-ssec.3) The holder or relevant person must— if subsection (2) (a) applies—only move the animal to the place where the animal is to be buried or incinerated; or if subsection (2) (b) applies—only move the animal to— the licensed premises for the dealer licence or the dead animal collection authority; or the State museum.\n- (a) the holder of an animal authority, or a relevant person for the holder, keeps a live authorised animal, other than a sampled or implanted animal, under the authority; and\n- (b) the animal dies; and\n- (c) no other provision of the Act authorises the holder or relevant person to sell or give away the dead animal.\n- (a) by incinerating or burying the animal;\n- (b) if the animal authority is not a rehabilitation permit—by selling or giving the animal to— (i) the holder of a dealer licence for the dead animal, or a relevant person for the holder of a dealer licence for the dead animal; or (ii) the holder of a dead animal collection authority for the dead animal; or (iii) a State museum.\n- (i) the holder of a dealer licence for the dead animal, or a relevant person for the holder of a dealer licence for the dead animal; or\n- (ii) the holder of a dead animal collection authority for the dead animal; or\n- (iii) a State museum.\n- (i) the holder of a dealer licence for the dead animal, or a relevant person for the holder of a dealer licence for the dead animal; or\n- (ii) the holder of a dead animal collection authority for the dead animal; or\n- (iii) a State museum.\n- (a) if subsection (2) (a) applies—only move the animal to the place where the animal is to be buried or incinerated; or\n- (b) if subsection (2) (b) applies—only move the animal to— (i) the licensed premises for the dealer licence or the dead animal collection authority; or (ii) the State museum.\n- (i) the licensed premises for the dealer licence or the dead animal collection authority; or\n- (ii) the State museum.\n- (i) the licensed premises for the dealer licence or the dead animal collection authority; or\n- (ii) the State museum.","sortOrder":136},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Standard licences","content":"# Standard licences","sortOrder":137},{"sectionNumber":"ch.4-pt.3-div.1","sectionType":"division","heading":"Authorisation for automatic dealing with licence","content":"## Authorisation for automatic dealing with licence","sortOrder":138},{"sectionNumber":"sec.88A","sectionType":"section","heading":"Standard licence prescribed for automatic issue, amendment and renewal— Act , s 143B","content":"### sec.88A Standard licence prescribed for automatic issue, amendment and renewal— Act , s 143B\n\nFor section 143B (1) (a) of the Act , a standard licence is prescribed as a type of relevant authority that may be automatically issued to a person by the operation of the authority management system.\nSee also chapter 5 , part 1 .\nFor section 143B (1) (b) of the Act , a standard licence is prescribed as a type of relevant authority that may be automatically amended or renewed by the operation of the authority management system.\nSee also chapter 5 , part 5 , division 2 and chapter 5 , part 6 , division 2 , subdivision 2 .\ns 88A ins 2025 SL No. 125 s 7\n(sec.88A-ssec.1) For section 143B (1) (a) of the Act , a standard licence is prescribed as a type of relevant authority that may be automatically issued to a person by the operation of the authority management system. See also chapter 5 , part 1 .\n(sec.88A-ssec.2) For section 143B (1) (b) of the Act , a standard licence is prescribed as a type of relevant authority that may be automatically amended or renewed by the operation of the authority management system. See also chapter 5 , part 5 , division 2 and chapter 5 , part 6 , division 2 , subdivision 2 .","sortOrder":139},{"sectionNumber":"ch.4-pt.3-div.1A","sectionType":"division","heading":"Grant or automatic issue and restrictions on grant or automatic issue","content":"## Grant or automatic issue and restrictions on grant or automatic issue","sortOrder":140},{"sectionNumber":"sec.89","sectionType":"section","heading":"Grant or automatic issue of licence","content":"### sec.89 Grant or automatic issue of licence\n\nA standard licence may be granted by the chief executive, or automatically issued, for a captive, live class 1 animal.\nThis section is subject to section 90 and chapter 5 , parts 1 and 2 .\ns 89 sub 2025 SL No. 125 s 7\n(sec.89-ssec.1) A standard licence may be granted by the chief executive, or automatically issued, for a captive, live class 1 animal.\n(sec.89-ssec.2) This section is subject to section 90 and chapter 5 , parts 1 and 2 .","sortOrder":141},{"sectionNumber":"sec.90","sectionType":"section","heading":"Restrictions on grant or automatic issue of licence","content":"### sec.90 Restrictions on grant or automatic issue of licence\n\nA standard licence must not be granted by the chief executive, or automatically issued, to a person if—\nthe licence would, if granted or issued, authorise the person to keep or use more than 10 animals under the licence; or\nthe person holds another standard licence, a specialised licence or an advanced licence.\ns 90 sub 2025 SL No. 125 s 7\n- (a) the licence would, if granted or issued, authorise the person to keep or use more than 10 animals under the licence; or\n- (b) the person holds another standard licence, a specialised licence or an advanced licence.","sortOrder":142},{"sectionNumber":"ch.4-pt.3-div.2","sectionType":"division","heading":"Activities authorised under licence","content":"## Activities authorised under licence","sortOrder":143},{"sectionNumber":"sec.91","sectionType":"section","heading":"Keeping and using animals","content":"### sec.91 Keeping and using animals\n\nThe holder of a standard licence, or a relevant person for the holder, may carry out any of the following activities—\nbuy, accept or receive a live authorised animal;\nkeep a live authorised animal at the licensed premises for the licence;\notherwise use a live authorised animal at the licensed premises for the licence, other than—\nprocess the animal; or\nuse the animal for a commercial purpose.\n- (a) buy, accept or receive a live authorised animal;\n- (b) keep a live authorised animal at the licensed premises for the licence;\n- (c) otherwise use a live authorised animal at the licensed premises for the licence, other than— (i) process the animal; or (ii) use the animal for a commercial purpose.\n- (i) process the animal; or\n- (ii) use the animal for a commercial purpose.\n- (i) process the animal; or\n- (ii) use the animal for a commercial purpose.","sortOrder":144},{"sectionNumber":"sec.92","sectionType":"section","heading":"Taking and keeping food reptiles to feed kept reptiles","content":"### sec.92 Taking and keeping food reptiles to feed kept reptiles\n\nThe holder of a standard licence, or a relevant person for the holder, may carry out any of the following activities to ensure the wellbeing or maintenance of an authorised animal that is a reptile kept under the licence—\ntake a food reptile;\nkeep a food reptile;\nuse a food reptile.\n- (a) take a food reptile;\n- (b) keep a food reptile;\n- (c) use a food reptile.","sortOrder":145},{"sectionNumber":"sec.93","sectionType":"section","heading":"Moving animals to and from authorised display","content":"### sec.93 Moving animals to and from authorised display\n\nThe holder of a standard licence, or a relevant person for the holder, may move an authorised animal to or from an authorised display if—\nthe holder has written approval from the chief executive for the movement; and\nthe holder or relevant person ensures the animal is moved back to the place where the holder or relevant person keeps the animal as soon as practicable after the animal stops being displayed.\nSee part 2 , division 3 about moving particular animals under authorities.\n- (a) the holder has written approval from the chief executive for the movement; and\n- (b) the holder or relevant person ensures the animal is moved back to the place where the holder or relevant person keeps the animal as soon as practicable after the animal stops being displayed.","sortOrder":146},{"sectionNumber":"ch.4-pt.3-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":147},{"sectionNumber":"sec.94","sectionType":"section","heading":"Purpose of division","content":"### sec.94 Purpose of division\n\nThis division states conditions that apply to all standard licences.\nFailure to comply with a condition of an animal authority is an offence under section 318 .\nAlso, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\nThis division does not limit any other condition the chief executive may impose on a standard licence.\nFor the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n(sec.94-ssec.1) This division states conditions that apply to all standard licences. Failure to comply with a condition of an animal authority is an offence under section 318 . Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\n(sec.94-ssec.2) This division does not limit any other condition the chief executive may impose on a standard licence. For the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n- 1 Failure to comply with a condition of an animal authority is an offence under section 318 .\n- 2 Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.","sortOrder":148},{"sectionNumber":"sec.95","sectionType":"section","heading":"Way animal must be kept and used","content":"### sec.95 Way animal must be kept and used\n\nThe holder of a standard licence, or a relevant person for the holder, must keep and use an authorised animal in a way that ensures the likelihood of escape, injury or ill-health of the animal is minimised.\nA person complies with subsection (1) if the person complies with a departmental code of practice for the animal, to the extent the code of practice states how the likelihood of escape, injury or ill-health of the animal may be minimised.\nSubsection (2) does not limit the ways in which a person may otherwise comply with subsection (1) .\n(sec.95-ssec.1) The holder of a standard licence, or a relevant person for the holder, must keep and use an authorised animal in a way that ensures the likelihood of escape, injury or ill-health of the animal is minimised.\n(sec.95-ssec.2) A person complies with subsection (1) if the person complies with a departmental code of practice for the animal, to the extent the code of practice states how the likelihood of escape, injury or ill-health of the animal may be minimised.\n(sec.95-ssec.3) Subsection (2) does not limit the ways in which a person may otherwise comply with subsection (1) .","sortOrder":149},{"sectionNumber":"sec.96","sectionType":"section","heading":"Breeding animals","content":"### sec.96 Breeding animals\n\nThe holder of a standard licence, or a relevant person for the holder, must not, without the chief executive’s approval, allow an authorised animal kept or used under the licence to breed.\nDespite subsection (1) , subsections (3) to (6) apply to the holder or relevant person if an authorised animal (the parent ) kept or used under the licence produces an egg or live offspring (a breeding event ).\nWithin 24 hours of the breeding event, the holder or relevant person must—\nif the holder keeps an online record for the parent—include the particulars for the event in the record; or\nFor the requirements for records relating to animals, see chapter 8 .\notherwise—notify the chief executive of the event.\nSubject to subsection (5) , the holder or relevant person may—\nkeep the surviving offspring of the breeding event for 3 months after the event (the retention period ); or\nSee also section 83 about selling, giving away and moving dependent animals.\nkill the surviving offspring of the breeding event in a humane way.\nSubsection (6) applies if, before or after the retention period ends, the chief executive or a conservation officer directs the holder or relevant person to deal with the egg or offspring in a particular way.\nThe holder or relevant person must deal with the egg or offspring in the way directed.\n(sec.96-ssec.1) The holder of a standard licence, or a relevant person for the holder, must not, without the chief executive’s approval, allow an authorised animal kept or used under the licence to breed.\n(sec.96-ssec.2) Despite subsection (1) , subsections (3) to (6) apply to the holder or relevant person if an authorised animal (the parent ) kept or used under the licence produces an egg or live offspring (a breeding event ).\n(sec.96-ssec.3) Within 24 hours of the breeding event, the holder or relevant person must— if the holder keeps an online record for the parent—include the particulars for the event in the record; or For the requirements for records relating to animals, see chapter 8 . otherwise—notify the chief executive of the event.\n(sec.96-ssec.4) Subject to subsection (5) , the holder or relevant person may— keep the surviving offspring of the breeding event for 3 months after the event (the retention period ); or See also section 83 about selling, giving away and moving dependent animals. kill the surviving offspring of the breeding event in a humane way.\n(sec.96-ssec.5) Subsection (6) applies if, before or after the retention period ends, the chief executive or a conservation officer directs the holder or relevant person to deal with the egg or offspring in a particular way.\n(sec.96-ssec.6) The holder or relevant person must deal with the egg or offspring in the way directed.\n- (a) if the holder keeps an online record for the parent—include the particulars for the event in the record; or Note— For the requirements for records relating to animals, see chapter 8 .\n- (b) otherwise—notify the chief executive of the event.\n- (a) keep the surviving offspring of the breeding event for 3 months after the event (the retention period ); or Note— See also section 83 about selling, giving away and moving dependent animals.\n- (b) kill the surviving offspring of the breeding event in a humane way.","sortOrder":150},{"sectionNumber":"sec.97","sectionType":"section","heading":"Particular animals must be kept for minimum period","content":"### sec.97 Particular animals must be kept for minimum period\n\nThe holder of a standard licence, or a relevant person for the holder, must keep a live animal, bought or accepted under the licence, for at least 6 months (the retention period ) after receiving the animal unless—\nthe holder has written approval from the chief executive to sell or give away the animal within the retention period; or\nthe animal dies or escapes; or\nif the animal is a bird—the bird was bought or accepted for rearing and fledges within the retention period.\n- (a) the holder has written approval from the chief executive to sell or give away the animal within the retention period; or\n- (b) the animal dies or escapes; or\n- (c) if the animal is a bird—the bird was bought or accepted for rearing and fledges within the retention period.","sortOrder":151},{"sectionNumber":"sec.98","sectionType":"section","heading":"Record keeping","content":"### sec.98 Record keeping\n\nThe holder of a standard licence must keep a record for the licence.\nFor the requirements for records, see chapter 8 .\nThe holder complies with subsection (1) if a relevant person, or an approved person, for the holder keeps the record for the holder.\n(sec.98-ssec.1) The holder of a standard licence must keep a record for the licence. For the requirements for records, see chapter 8 .\n(sec.98-ssec.2) The holder complies with subsection (1) if a relevant person, or an approved person, for the holder keeps the record for the holder.","sortOrder":152},{"sectionNumber":"sec.99","sectionType":"section","heading":"Return of operations","content":"### sec.99 Return of operations\n\nThis section applies if the chief executive gives the holder of a standard licence written approval to keep a record in a record book under section 342 (1) (a) (ii) .\nThe holder must give the chief executive a return of operations for the standard licence.\nFor the requirements for returns of operations, see chapter 8 .\nThe holder complies with subsection (2) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.\n(sec.99-ssec.1) This section applies if the chief executive gives the holder of a standard licence written approval to keep a record in a record book under section 342 (1) (a) (ii) .\n(sec.99-ssec.2) The holder must give the chief executive a return of operations for the standard licence. For the requirements for returns of operations, see chapter 8 .\n(sec.99-ssec.3) The holder complies with subsection (2) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.","sortOrder":153},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Specialised licences","content":"# Specialised licences","sortOrder":154},{"sectionNumber":"ch.4-pt.4-div.1","sectionType":"division","heading":"Authorisation for automatic dealing with licence","content":"## Authorisation for automatic dealing with licence","sortOrder":155},{"sectionNumber":"sec.99A","sectionType":"section","heading":"Specialised licence prescribed for automatic issue, amendment and renewal— Act , s 143B","content":"### sec.99A Specialised licence prescribed for automatic issue, amendment and renewal— Act , s 143B\n\nFor section 143B (1) (a) of the Act , a specialised licence is prescribed as a type of relevant authority that may be automatically issued to a person by the operation of the authority management system.\nSee also chapter 5 , part 1 .\nFor section 143B (1) (b) of the Act , a specialised licence is prescribed as a type of relevant authority that may be automatically amended or renewed by the operation of the authority management system.\nSee also chapter 5 , part 5 , division 2 and chapter 5 , part 6 , division 2 , subdivision 2 .\ns 99A ins 2025 SL No. 125 s 8\n(sec.99A-ssec.1) For section 143B (1) (a) of the Act , a specialised licence is prescribed as a type of relevant authority that may be automatically issued to a person by the operation of the authority management system. See also chapter 5 , part 1 .\n(sec.99A-ssec.2) For section 143B (1) (b) of the Act , a specialised licence is prescribed as a type of relevant authority that may be automatically amended or renewed by the operation of the authority management system. See also chapter 5 , part 5 , division 2 and chapter 5 , part 6 , division 2 , subdivision 2 .","sortOrder":156},{"sectionNumber":"ch.4-pt.4-div.1A","sectionType":"division","heading":"Grant or automatic issue and restrictions on grant or automatic issue","content":"## Grant or automatic issue and restrictions on grant or automatic issue","sortOrder":157},{"sectionNumber":"sec.100","sectionType":"section","heading":"Grant or automatic issue of licence","content":"### sec.100 Grant or automatic issue of licence\n\nA specialised licence may be granted by the chief executive, or automatically issued, for—\na captive, live class 1 animal; or\na captive, live class 2 animal.\nThis section is subject to sections 101 to 101B and chapter 5 , parts 1 and 2 .\ns 100 sub 2025 SL No. 125 s 8\n(sec.100-ssec.1) A specialised licence may be granted by the chief executive, or automatically issued, for— a captive, live class 1 animal; or a captive, live class 2 animal.\n(sec.100-ssec.2) This section is subject to sections 101 to 101B and chapter 5 , parts 1 and 2 .\n- (a) a captive, live class 1 animal; or\n- (b) a captive, live class 2 animal.","sortOrder":158},{"sectionNumber":"sec.101","sectionType":"section","heading":"Restrictions on grant or automatic issue of licence","content":"### sec.101 Restrictions on grant or automatic issue of licence\n\nA specialised licence must not be granted by the chief executive, or automatically issued, to a person if—\nthe licence would, if granted or issued, authorise the person to keep or use more than a total of 50 live birds, reptiles or amphibians under the licence; or\nthe person holds another specialised licence, a standard licence or an advanced licence.\ns 101 sub 2025 SL No. 125 s 8\n- (a) the licence would, if granted or issued, authorise the person to keep or use more than a total of 50 live birds, reptiles or amphibians under the licence; or\n- (b) the person holds another specialised licence, a standard licence or an advanced licence.","sortOrder":159},{"sectionNumber":"sec.101A","sectionType":"section","heading":"Additional restrictions on grant by chief executive","content":"### sec.101A Additional restrictions on grant by chief executive\n\nThe chief executive must not grant a specialised licence to a person for a dangerous animal unless—\nthe person is an adult; and\nthe chief executive is satisfied the person has the knowledge, experience and facilities necessary to keep the animal in the way required under a departmental code of practice for the animal.\ns 101A ins 2025 SL No. 125 s 8\n- (a) the person is an adult; and\n- (b) the chief executive is satisfied the person has the knowledge, experience and facilities necessary to keep the animal in the way required under a departmental code of practice for the animal.","sortOrder":160},{"sectionNumber":"sec.101B","sectionType":"section","heading":"Additional restrictions on automatic issue","content":"### sec.101B Additional restrictions on automatic issue\n\nA specialised licence must not be automatically issued to a person if the licence is for a dangerous animal.\ns 101B ins 2025 SL No. 125 s 8","sortOrder":161},{"sectionNumber":"ch.4-pt.4-div.2","sectionType":"division","heading":"Activities authorised under licence","content":"## Activities authorised under licence","sortOrder":162},{"sectionNumber":"sec.102","sectionType":"section","heading":"Keeping and using animals","content":"### sec.102 Keeping and using animals\n\nThe holder of a specialised licence, or a relevant person for the holder, may carry out any of the following activities—\nbuy, accept or receive a live authorised animal;\nkeep a live authorised animal at the licensed premises for the licence;\notherwise use a live authorised animal at the licensed premises for the licence, other than—\nprocess the animal; or\nuse the animal for a commercial purpose.\nSubsection (3) applies if—\nthe holder or relevant person is a member of a recreational bird or herpetological society; and\nthe animal—\nis a bird, reptile or amphibian; and\nis not a dangerous animal.\nThe holder or relevant person may also, for a continuous period of not more than 2 days, keep or use the animal for a purpose of the society at any premises used by the society.\n(sec.102-ssec.1) The holder of a specialised licence, or a relevant person for the holder, may carry out any of the following activities— buy, accept or receive a live authorised animal; keep a live authorised animal at the licensed premises for the licence; otherwise use a live authorised animal at the licensed premises for the licence, other than— process the animal; or use the animal for a commercial purpose.\n(sec.102-ssec.2) Subsection (3) applies if— the holder or relevant person is a member of a recreational bird or herpetological society; and the animal— is a bird, reptile or amphibian; and is not a dangerous animal.\n(sec.102-ssec.3) The holder or relevant person may also, for a continuous period of not more than 2 days, keep or use the animal for a purpose of the society at any premises used by the society.\n- (a) buy, accept or receive a live authorised animal;\n- (b) keep a live authorised animal at the licensed premises for the licence;\n- (c) otherwise use a live authorised animal at the licensed premises for the licence, other than— (i) process the animal; or (ii) use the animal for a commercial purpose.\n- (i) process the animal; or\n- (ii) use the animal for a commercial purpose.\n- (i) process the animal; or\n- (ii) use the animal for a commercial purpose.\n- (a) the holder or relevant person is a member of a recreational bird or herpetological society; and\n- (b) the animal— (i) is a bird, reptile or amphibian; and (ii) is not a dangerous animal.\n- (i) is a bird, reptile or amphibian; and\n- (ii) is not a dangerous animal.\n- (i) is a bird, reptile or amphibian; and\n- (ii) is not a dangerous animal.","sortOrder":163},{"sectionNumber":"sec.103","sectionType":"section","heading":"Taking and keeping food reptiles to feed kept reptiles","content":"### sec.103 Taking and keeping food reptiles to feed kept reptiles\n\nThe holder of a specialised licence, or a relevant person for the holder, may carry out any of the following activities to ensure the wellbeing or maintenance of an authorised animal that is a reptile kept under the licence—\ntake a food reptile;\nkeep a food reptile;\nuse a food reptile.\n- (a) take a food reptile;\n- (b) keep a food reptile;\n- (c) use a food reptile.","sortOrder":164},{"sectionNumber":"sec.104","sectionType":"section","heading":"Moving animals to and from authorised display","content":"### sec.104 Moving animals to and from authorised display\n\nThe holder of a specialised licence, or a relevant person for the holder, may move an authorised animal, other than a dangerous animal, to or from an authorised display if—\nthe holder has written approval from the chief executive for the movement; and\nthe holder or relevant person ensures the animal is moved back to the place where the holder or relevant person keeps the animal as soon as practicable after the animal stops being displayed.\nSee part 2 , division 3 about moving particular animals under authorities.\n- (a) the holder has written approval from the chief executive for the movement; and\n- (b) the holder or relevant person ensures the animal is moved back to the place where the holder or relevant person keeps the animal as soon as practicable after the animal stops being displayed.","sortOrder":165},{"sectionNumber":"sec.105","sectionType":"section","heading":"Moving animals to and from recreational bird or herpetological society","content":"### sec.105 Moving animals to and from recreational bird or herpetological society\n\nThe holder of a specialised licence, or a relevant person for the holder, may, for keeping or using an authorised animal under section 102 (2) , move the animal—\nfrom the licensed premises for the licence to a premises used by a recreational bird or herpetological society; or\nfrom a premises used by a recreational bird or herpetological society to the licensed premises for the licence.\nSee part 2 , division 3 about moving particular animals under authorities.\n- (a) from the licensed premises for the licence to a premises used by a recreational bird or herpetological society; or\n- (b) from a premises used by a recreational bird or herpetological society to the licensed premises for the licence.","sortOrder":166},{"sectionNumber":"sec.106","sectionType":"section","heading":"Breeding mutation of protected amphibian, bird or reptile","content":"### sec.106 Breeding mutation of protected amphibian, bird or reptile\n\nThe holder of a specialised licence for a protected amphibian, bird or reptile, or a relevant person for the holder, may breed a mutation of the amphibian, bird or reptile.\nUnder section 92 (1) of the Act , it is an offence for a person to knowingly breed a hybrid or mutation of a protected animal other than under a regulation or an exemption under a regulation.","sortOrder":167},{"sectionNumber":"ch.4-pt.4-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":168},{"sectionNumber":"sec.107","sectionType":"section","heading":"Purpose of division","content":"### sec.107 Purpose of division\n\nThis division states conditions that apply to all specialised licences.\nFailure to comply with a condition of an animal authority is an offence under section 318 .\nAlso, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\nThis division does not limit any other condition the chief executive may impose on a specialised licence.\nFor the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n(sec.107-ssec.1) This division states conditions that apply to all specialised licences. Failure to comply with a condition of an animal authority is an offence under section 318 . Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\n(sec.107-ssec.2) This division does not limit any other condition the chief executive may impose on a specialised licence. For the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n- 1 Failure to comply with a condition of an animal authority is an offence under section 318 .\n- 2 Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.","sortOrder":169},{"sectionNumber":"sec.108","sectionType":"section","heading":"Way animal must be kept and used","content":"### sec.108 Way animal must be kept and used\n\nThe holder of a specialised licence, or a relevant person for the holder, must keep and use an authorised animal in a way that ensures the likelihood of escape, injury or ill-health of the animal is minimised.\nA person complies with subsection (1) if the person complies with a departmental code of practice for the animal to the extent the code of practice states how the likelihood of escape, injury or ill-health of the animal may be minimised.\nSubsection (2) does not limit the ways in which a person may otherwise comply with subsection (1) .\n(sec.108-ssec.1) The holder of a specialised licence, or a relevant person for the holder, must keep and use an authorised animal in a way that ensures the likelihood of escape, injury or ill-health of the animal is minimised.\n(sec.108-ssec.2) A person complies with subsection (1) if the person complies with a departmental code of practice for the animal to the extent the code of practice states how the likelihood of escape, injury or ill-health of the animal may be minimised.\n(sec.108-ssec.3) Subsection (2) does not limit the ways in which a person may otherwise comply with subsection (1) .","sortOrder":170},{"sectionNumber":"sec.109","sectionType":"section","heading":"Breeding animals","content":"### sec.109 Breeding animals\n\nThis section applies to the holder of a specialised licence, or a relevant person for the holder, if a bird, reptile or amphibian (the parent ) kept or used under the licence produces an egg or live offspring (a breeding event ).\nIf the egg or live offspring is an excess animal at the time of the breeding event, the holder or relevant person must, within 24 hours of the breeding event—\nif the holder keeps an online record for the parent—include the particulars for the event in the record; or\nFor the requirements for records, see chapter 8 .\notherwise—notify the chief executive of the event.\nSubject to subsections (4) and (5) , the holder or relevant person may—\nkeep an excess animal that is a surviving offspring of the breeding event for 3 months after the event (the retention period ); or\nSee also section 83 about selling, giving away and moving dependent animals.\nkill the surviving offspring of the breeding event in a humane way.\nSubsection (5) applies if, before or after the retention period ends, the chief executive or a conservation officer directs the holder or relevant person to deal with the egg or offspring in a particular way.\nThe holder or relevant person must deal with the egg or offspring in the way directed.\n(sec.109-ssec.1) This section applies to the holder of a specialised licence, or a relevant person for the holder, if a bird, reptile or amphibian (the parent ) kept or used under the licence produces an egg or live offspring (a breeding event ).\n(sec.109-ssec.2) If the egg or live offspring is an excess animal at the time of the breeding event, the holder or relevant person must, within 24 hours of the breeding event— if the holder keeps an online record for the parent—include the particulars for the event in the record; or For the requirements for records, see chapter 8 . otherwise—notify the chief executive of the event.\n(sec.109-ssec.3) Subject to subsections (4) and (5) , the holder or relevant person may— keep an excess animal that is a surviving offspring of the breeding event for 3 months after the event (the retention period ); or See also section 83 about selling, giving away and moving dependent animals. kill the surviving offspring of the breeding event in a humane way.\n(sec.109-ssec.4) Subsection (5) applies if, before or after the retention period ends, the chief executive or a conservation officer directs the holder or relevant person to deal with the egg or offspring in a particular way.\n(sec.109-ssec.5) The holder or relevant person must deal with the egg or offspring in the way directed.\n- (a) if the holder keeps an online record for the parent—include the particulars for the event in the record; or Note— For the requirements for records, see chapter 8 .\n- (b) otherwise—notify the chief executive of the event.\n- (a) keep an excess animal that is a surviving offspring of the breeding event for 3 months after the event (the retention period ); or Note— See also section 83 about selling, giving away and moving dependent animals.\n- (b) kill the surviving offspring of the breeding event in a humane way.","sortOrder":171},{"sectionNumber":"sec.110","sectionType":"section","heading":"Particular animals must be kept for minimum period","content":"### sec.110 Particular animals must be kept for minimum period\n\nThe holder of a specialised licence, or a relevant person for the holder, must keep a live animal, bought or accepted under the licence, for at least 6 months (the retention period ) after receiving the animal unless—\nthe holder has written approval from the chief executive to sell or give away the animal within the retention period; or\nthe animal dies or escapes; or\nif the animal is a bird—the bird was bought or accepted for rearing and fledges within the retention period.\n- (a) the holder has written approval from the chief executive to sell or give away the animal within the retention period; or\n- (b) the animal dies or escapes; or\n- (c) if the animal is a bird—the bird was bought or accepted for rearing and fledges within the retention period.","sortOrder":172},{"sectionNumber":"sec.111","sectionType":"section","heading":"Record keeping","content":"### sec.111 Record keeping\n\nThe holder of a specialised licence must keep a record for the licence.\nFor the requirements for records, see chapter 8 .\nThe holder complies with subsection (1) if a relevant person, or an approved person, for the holder keeps the record for the holder.\n(sec.111-ssec.1) The holder of a specialised licence must keep a record for the licence. For the requirements for records, see chapter 8 .\n(sec.111-ssec.2) The holder complies with subsection (1) if a relevant person, or an approved person, for the holder keeps the record for the holder.","sortOrder":173},{"sectionNumber":"sec.112","sectionType":"section","heading":"Return of operations","content":"### sec.112 Return of operations\n\nThis section applies if the chief executive gives the holder of a specialised licence written approval to keep a record in a record book under section 342 (1) (a) (ii) .\nThe holder must give the chief executive a return of operations for the specialised licence.\nFor the requirements for returns of operations, see chapter 8 .\nThe holder complies with subsection (2) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.\n(sec.112-ssec.1) This section applies if the chief executive gives the holder of a specialised licence written approval to keep a record in a record book under section 342 (1) (a) (ii) .\n(sec.112-ssec.2) The holder must give the chief executive a return of operations for the specialised licence. For the requirements for returns of operations, see chapter 8 .\n(sec.112-ssec.3) The holder complies with subsection (2) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.","sortOrder":174},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Advanced licences","content":"# Advanced licences","sortOrder":175},{"sectionNumber":"ch.4-pt.5-div.1","sectionType":"division","heading":"Authorisation for automatic dealing with licence","content":"## Authorisation for automatic dealing with licence","sortOrder":176},{"sectionNumber":"sec.112A","sectionType":"section","heading":"Advanced licence prescribed for automatic issue, amendment and renewal— Act , s 143B","content":"### sec.112A Advanced licence prescribed for automatic issue, amendment and renewal— Act , s 143B\n\nFor section 143B (1) (a) of the Act , an advanced licence is prescribed as a type of relevant authority that may be automatically issued to a person by the operation of the authority management system.\nSee also chapter 5 , part 1 .\nFor section 143B (1) (b) of the Act , an advanced licence is prescribed as a type of relevant authority that may be automatically amended or renewed by the operation of the authority management system.\nSee also chapter 5 , part 5 , division 2 and chapter 5 , part 6 , division 2 , subdivision 2 .\ns 112A ins 2025 SL No. 125 s 9\n(sec.112A-ssec.1) For section 143B (1) (a) of the Act , an advanced licence is prescribed as a type of relevant authority that may be automatically issued to a person by the operation of the authority management system. See also chapter 5 , part 1 .\n(sec.112A-ssec.2) For section 143B (1) (b) of the Act , an advanced licence is prescribed as a type of relevant authority that may be automatically amended or renewed by the operation of the authority management system. See also chapter 5 , part 5 , division 2 and chapter 5 , part 6 , division 2 , subdivision 2 .","sortOrder":177},{"sectionNumber":"ch.4-pt.5-div.1A","sectionType":"division","heading":"Grant or automatic issue and restrictions on grant or automatic issue","content":"## Grant or automatic issue and restrictions on grant or automatic issue","sortOrder":178},{"sectionNumber":"sec.113","sectionType":"section","heading":"Grant or automatic issue of licence","content":"### sec.113 Grant or automatic issue of licence\n\nAn advanced licence may be granted by the chief executive, or automatically issued, for—\na captive, live class 1 animal; or\na captive, live class 2 animal.\nThis section is subject to sections 114 to 114B and chapter 5 , parts 1 and 2 .\ns 113 sub 2025 SL No. 125 s 9\n(sec.113-ssec.1) An advanced licence may be granted by the chief executive, or automatically issued, for— a captive, live class 1 animal; or a captive, live class 2 animal.\n(sec.113-ssec.2) This section is subject to sections 114 to 114B and chapter 5 , parts 1 and 2 .\n- (a) a captive, live class 1 animal; or\n- (b) a captive, live class 2 animal.","sortOrder":179},{"sectionNumber":"sec.114","sectionType":"section","heading":"Restrictions on grant or automatic issue of licence","content":"### sec.114 Restrictions on grant or automatic issue of licence\n\nAn advanced licence must not be granted by the chief executive, or automatically issued, to a person if—\nthe person holds a standard licence or a specialised licence; or\nthe proposed premises is the licensed premises for another advanced licence.\ns 114 sub 2025 SL No. 125 s 9\n- (a) the person holds a standard licence or a specialised licence; or\n- (b) the proposed premises is the licensed premises for another advanced licence.","sortOrder":180},{"sectionNumber":"sec.114A","sectionType":"section","heading":"Additional restrictions on grant by chief executive","content":"### sec.114A Additional restrictions on grant by chief executive\n\nThe chief executive must not grant an advanced licence to a person for a dangerous animal unless—\nthe person is an adult; and\nthe chief executive is satisfied the person has the knowledge, experience and facilities necessary to keep the animal in the way required under a departmental code of practice for the animal.\ns 114A ins 2025 SL No. 125 s 9\n- (a) the person is an adult; and\n- (b) the chief executive is satisfied the person has the knowledge, experience and facilities necessary to keep the animal in the way required under a departmental code of practice for the animal.","sortOrder":181},{"sectionNumber":"sec.114B","sectionType":"section","heading":"Additional restrictions on automatic issue","content":"### sec.114B Additional restrictions on automatic issue\n\nAn advanced licence must not be automatically issued to a person if the licence is for a dangerous animal.\ns 114B ins 2025 SL No. 125 s 9","sortOrder":182},{"sectionNumber":"ch.4-pt.5-div.2","sectionType":"division","heading":"Activities authorised under licence","content":"## Activities authorised under licence","sortOrder":183},{"sectionNumber":"sec.115","sectionType":"section","heading":"Keeping and using animals","content":"### sec.115 Keeping and using animals\n\nThe holder of an advanced licence, or a relevant person for the holder, may buy, accept or receive a live authorised animal.\nSubsection (3) applies if the licensed premises for the advanced licence is the place of residence of the holder.\nThe holder, or a relevant person for the holder, may also carry out any of the following activities—\nkeep a live authorised animal at the licensed premises;\notherwise use, other than process, a live authorised animal at the licensed premises.\nSubsection (5) applies if the licensed premises for the advanced licence is not the place of residence of the holder.\nThe holder, or a relevant person for the holder, may also keep or otherwise use, other than process, a live authorised animal, other than a dangerous animal—\nat the licensed premises; or\nat the holder’s or person’s place of residence for a period of time if—\nthe licensed premises for the licence is unattended for the period; and\nthe animal is kept at the place of residence for providing care to the animal.\nSubsection (7) applies if—\nthe holder or relevant person is a member of a recreational bird or herpetological society; and\nthe animal—\nis a bird, reptile or amphibian; and\nis not a dangerous animal.\nThe holder or relevant person may also, for a continuous period of not more than 2 days, keep or use the animal for a purpose of the society at any premises used by the society.\n(sec.115-ssec.1) The holder of an advanced licence, or a relevant person for the holder, may buy, accept or receive a live authorised animal.\n(sec.115-ssec.2) Subsection (3) applies if the licensed premises for the advanced licence is the place of residence of the holder.\n(sec.115-ssec.3) The holder, or a relevant person for the holder, may also carry out any of the following activities— keep a live authorised animal at the licensed premises; otherwise use, other than process, a live authorised animal at the licensed premises.\n(sec.115-ssec.4) Subsection (5) applies if the licensed premises for the advanced licence is not the place of residence of the holder.\n(sec.115-ssec.5) The holder, or a relevant person for the holder, may also keep or otherwise use, other than process, a live authorised animal, other than a dangerous animal— at the licensed premises; or at the holder’s or person’s place of residence for a period of time if— the licensed premises for the licence is unattended for the period; and the animal is kept at the place of residence for providing care to the animal.\n(sec.115-ssec.6) Subsection (7) applies if— the holder or relevant person is a member of a recreational bird or herpetological society; and the animal— is a bird, reptile or amphibian; and is not a dangerous animal.\n(sec.115-ssec.7) The holder or relevant person may also, for a continuous period of not more than 2 days, keep or use the animal for a purpose of the society at any premises used by the society.\n- (a) keep a live authorised animal at the licensed premises;\n- (b) otherwise use, other than process, a live authorised animal at the licensed premises.\n- (a) at the licensed premises; or\n- (b) at the holder’s or person’s place of residence for a period of time if— (i) the licensed premises for the licence is unattended for the period; and (ii) the animal is kept at the place of residence for providing care to the animal.\n- (i) the licensed premises for the licence is unattended for the period; and\n- (ii) the animal is kept at the place of residence for providing care to the animal.\n- (i) the licensed premises for the licence is unattended for the period; and\n- (ii) the animal is kept at the place of residence for providing care to the animal.\n- (a) the holder or relevant person is a member of a recreational bird or herpetological society; and\n- (b) the animal— (i) is a bird, reptile or amphibian; and (ii) is not a dangerous animal.\n- (i) is a bird, reptile or amphibian; and\n- (ii) is not a dangerous animal.\n- (i) is a bird, reptile or amphibian; and\n- (ii) is not a dangerous animal.","sortOrder":184},{"sectionNumber":"sec.116","sectionType":"section","heading":"Taking and keeping food reptiles to feed kept reptiles","content":"### sec.116 Taking and keeping food reptiles to feed kept reptiles\n\nThe holder of an advanced licence, or a relevant person for the holder, may carry out any of the following activities to ensure the wellbeing or maintenance of an authorised animal that is a reptile kept under the licence—\ntake a food reptile;\nkeep a food reptile;\nuse a food reptile.\n- (a) take a food reptile;\n- (b) keep a food reptile;\n- (c) use a food reptile.","sortOrder":185},{"sectionNumber":"sec.117","sectionType":"section","heading":"Moving animals to and from residence to provide care","content":"### sec.117 Moving animals to and from residence to provide care\n\nThe holder of an advanced licence, or a relevant person for the holder, may, for keeping or using an authorised animal under section 115 (5) (b) , move the animal—\nfrom the licensed premises for the licence to the holder’s or person’s place of residence; or\nfrom the holder’s or person’s place of residence to the licensed premises for the licence.\nSee part 2 , division 3 about moving particular animals under authorities.\n- (a) from the licensed premises for the licence to the holder’s or person’s place of residence; or\n- (b) from the holder’s or person’s place of residence to the licensed premises for the licence.","sortOrder":186},{"sectionNumber":"sec.118","sectionType":"section","heading":"Moving animals to and from authorised display","content":"### sec.118 Moving animals to and from authorised display\n\nThe holder of an advanced licence, or a relevant person for the holder, may move an authorised animal, other than a dangerous animal, to or from an authorised display if—\nthe holder has written approval from the chief executive for the movement; and\nthe holder or relevant person ensures the animal is moved back to the place where the holder or relevant person keeps the animal as soon as practicable after the animal stops being displayed.\nSee part 2 , division 3 about moving particular animals under authorities.\n- (a) the holder has written approval from the chief executive for the movement; and\n- (b) the holder or relevant person ensures the animal is moved back to the place where the holder or relevant person keeps the animal as soon as practicable after the animal stops being displayed.","sortOrder":187},{"sectionNumber":"sec.119","sectionType":"section","heading":"Moving animals to and from recreational bird or herpetological society","content":"### sec.119 Moving animals to and from recreational bird or herpetological society\n\nThe holder of an advanced licence, or a relevant person for the holder, may, for keeping or using an authorised animal under section 115 (7) , move the animal—\nfrom the licensed premises for the licence to a premises used by a recreational bird or herpetological society; or\nfrom a premises used by a recreational bird or herpetological society to the licensed premises for the licence.\nSee part 2 , division 3 about moving particular animals under authorities.\n- (a) from the licensed premises for the licence to a premises used by a recreational bird or herpetological society; or\n- (b) from a premises used by a recreational bird or herpetological society to the licensed premises for the licence. Note— See part 2 , division 3 about moving particular animals under authorities.","sortOrder":188},{"sectionNumber":"sec.120","sectionType":"section","heading":"Breeding mutation of protected amphibian, bird or reptile","content":"### sec.120 Breeding mutation of protected amphibian, bird or reptile\n\nThe holder of an advanced licence for a protected amphibian, bird or reptile, or a relevant person for the holder, may breed a mutation of the amphibian, bird or reptile.\nUnder section 92 (1) of the Act , it is an offence for a person to knowingly breed a hybrid or mutation of a protected animal other than under a regulation or an exemption under a regulation.","sortOrder":189},{"sectionNumber":"ch.4-pt.5-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":190},{"sectionNumber":"sec.121","sectionType":"section","heading":"Purpose of division","content":"### sec.121 Purpose of division\n\nThis division states conditions that apply to all advanced licences.\nFailure to comply with a condition of an animal authority is an offence under section 318 .\nAlso, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\nThis division does not limit any other condition the chief executive may impose on an advanced licence.\nFor the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n(sec.121-ssec.1) This division states conditions that apply to all advanced licences. Failure to comply with a condition of an animal authority is an offence under section 318 . Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\n(sec.121-ssec.2) This division does not limit any other condition the chief executive may impose on an advanced licence. For the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n- 1 Failure to comply with a condition of an animal authority is an offence under section 318 .\n- 2 Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.","sortOrder":191},{"sectionNumber":"sec.122","sectionType":"section","heading":"Way animal must be kept and used","content":"### sec.122 Way animal must be kept and used\n\nThe holder of an advanced licence, or a relevant person for the holder, must keep and use an authorised animal in a way that ensures the likelihood of escape, injury or ill-health of the animal is minimised.\nA person complies with subsection (1) if the person complies with a departmental code of practice for the animal to the extent the code of practice states how the likelihood of escape, injury or ill-health of the animal may be minimised.\nSubsection (2) does not limit the ways in which a person may otherwise comply with subsection (1) .\n(sec.122-ssec.1) The holder of an advanced licence, or a relevant person for the holder, must keep and use an authorised animal in a way that ensures the likelihood of escape, injury or ill-health of the animal is minimised.\n(sec.122-ssec.2) A person complies with subsection (1) if the person complies with a departmental code of practice for the animal to the extent the code of practice states how the likelihood of escape, injury or ill-health of the animal may be minimised.\n(sec.122-ssec.3) Subsection (2) does not limit the ways in which a person may otherwise comply with subsection (1) .","sortOrder":192},{"sectionNumber":"sec.123","sectionType":"section","heading":"Notification of excess dangerous animals","content":"### sec.123 Notification of excess dangerous animals\n\nThis section applies to the holder of an advanced licence, or a relevant person for the holder, if the holder or relevant person buys accepts or receives (each an event ) a dangerous animal that is an excess animal.\nThe holder or relevant person must—\nnotify the chief executive of the event within 24 hours of the event; and\nif the chief executive or a conservation officer directs the holder or relevant person to deal with the excess animal in a particular way—deal with the animal in the way directed.\n(sec.123-ssec.1) This section applies to the holder of an advanced licence, or a relevant person for the holder, if the holder or relevant person buys accepts or receives (each an event ) a dangerous animal that is an excess animal.\n(sec.123-ssec.2) The holder or relevant person must— notify the chief executive of the event within 24 hours of the event; and if the chief executive or a conservation officer directs the holder or relevant person to deal with the excess animal in a particular way—deal with the animal in the way directed.\n- (a) notify the chief executive of the event within 24 hours of the event; and\n- (b) if the chief executive or a conservation officer directs the holder or relevant person to deal with the excess animal in a particular way—deal with the animal in the way directed.","sortOrder":193},{"sectionNumber":"sec.124","sectionType":"section","heading":"Breeding dangerous animals","content":"### sec.124 Breeding dangerous animals\n\nThis section applies to the holder of an advance licence, or a relevant person for the holder, if a dangerous animal (the parent ) kept or used under the licence produces an egg or live offspring (a breeding event ).\nIf the egg or live offspring is an excess animal at the time of the breeding event, the holder or relevant person must, within 24 hours of the breeding event—\nif the holder keeps an online record for the parent—include the particulars for the event in the record; or\nFor the requirements for records, see chapter 8 .\notherwise—notify the chief executive of the event.\nSubject to subsections (4) and (5) , the holder or relevant person may—\nkeep an excess animal that is a surviving offspring of the breeding event for 3 months after the event (the retention period ); or\nSee also section 83 about selling, giving away and moving dependent animals.\nkill the surviving offspring of the breeding event in a humane way.\nSubsection (5) applies if, before or after the retention period ends, the chief executive or a conservation officer directs the holder or relevant person to deal with the egg or offspring in a particular way.\nThe holder or relevant person must deal with the egg or offspring in the way directed.\n(sec.124-ssec.1) This section applies to the holder of an advance licence, or a relevant person for the holder, if a dangerous animal (the parent ) kept or used under the licence produces an egg or live offspring (a breeding event ).\n(sec.124-ssec.2) If the egg or live offspring is an excess animal at the time of the breeding event, the holder or relevant person must, within 24 hours of the breeding event— if the holder keeps an online record for the parent—include the particulars for the event in the record; or For the requirements for records, see chapter 8 . otherwise—notify the chief executive of the event.\n(sec.124-ssec.3) Subject to subsections (4) and (5) , the holder or relevant person may— keep an excess animal that is a surviving offspring of the breeding event for 3 months after the event (the retention period ); or See also section 83 about selling, giving away and moving dependent animals. kill the surviving offspring of the breeding event in a humane way.\n(sec.124-ssec.4) Subsection (5) applies if, before or after the retention period ends, the chief executive or a conservation officer directs the holder or relevant person to deal with the egg or offspring in a particular way.\n(sec.124-ssec.5) The holder or relevant person must deal with the egg or offspring in the way directed.\n- (a) if the holder keeps an online record for the parent—include the particulars for the event in the record; or Note— For the requirements for records, see chapter 8 .\n- (b) otherwise—notify the chief executive of the event.\n- (a) keep an excess animal that is a surviving offspring of the breeding event for 3 months after the event (the retention period ); or Note— See also section 83 about selling, giving away and moving dependent animals.\n- (b) kill the surviving offspring of the breeding event in a humane way.","sortOrder":194},{"sectionNumber":"sec.125","sectionType":"section","heading":"Record keeping","content":"### sec.125 Record keeping\n\nThe holder of an advanced licence must keep a record for the licence.\nFor the requirements for records, see chapter 8 .\nThe holder complies with subsection (1) if a relevant person, or an approved person, for the holder keeps the record for the holder.\n(sec.125-ssec.1) The holder of an advanced licence must keep a record for the licence. For the requirements for records, see chapter 8 .\n(sec.125-ssec.2) The holder complies with subsection (1) if a relevant person, or an approved person, for the holder keeps the record for the holder.","sortOrder":195},{"sectionNumber":"sec.126","sectionType":"section","heading":"Return of operations","content":"### sec.126 Return of operations\n\nThis section applies if the chief executive gives the holder of an advanced licence written approval to keep a record in a record book under section 342 (1) (a) (ii) .\nThe holder must give the chief executive a return of operations for the advanced licence.\nFor the requirements for returns of operations, see chapter 8 .\nThe holder complies with subsection (2) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.\n(sec.126-ssec.1) This section applies if the chief executive gives the holder of an advanced licence written approval to keep a record in a record book under section 342 (1) (a) (ii) .\n(sec.126-ssec.2) The holder must give the chief executive a return of operations for the advanced licence. For the requirements for returns of operations, see chapter 8 .\n(sec.126-ssec.3) The holder complies with subsection (2) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.","sortOrder":196},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"Harvesting licences","content":"# Harvesting licences","sortOrder":197},{"sectionNumber":"ch.4-pt.6-div.1","sectionType":"division","heading":"Grant and restrictions on grant","content":"## Grant and restrictions on grant","sortOrder":198},{"sectionNumber":"sec.127","sectionType":"section","heading":"Grant of licence","content":"### sec.127 Grant of licence\n\nSubject to section 128 and chapter 5 , part 2 , the chief executive may grant a harvesting licence for a protected animal.","sortOrder":199},{"sectionNumber":"sec.128","sectionType":"section","heading":"Restrictions on grant","content":"### sec.128 Restrictions on grant\n\nThe chief executive must not grant a harvesting licence for an animal that is threatened or near threatened wildlife unless—\nif the animal is a snake—the chief executive believes the snake would be kept for extracting venom to produce antivenom for humans; or\na conservation plan applying to the animal authorises a person holding a harvesting licence to take the animal.\nSee the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , section 34 .\nThe chief executive must not grant a harvesting licence for an animal if the chief executive believes the proposed holder of the licence would be unable to pay the conservation value for the animal under the Act .\nThe chief executive must not grant a harvesting licence for taking an animal by using a weapon to an individual who is under 17 years.\nSee the Nature Conservation (Macropod) Conservation Plan 2017 , section 36 limiting the grant of a harvesting licence for harvest macropods to an adult.\nThe chief executive must not grant a harvesting licence for a whale or dolphin if the chief executive believes the whale or dolphin would be taken for displaying the whale or dolphin under an exhibited animal authority, whether or not the exhibited animal authority has been granted.\n(sec.128-ssec.1) The chief executive must not grant a harvesting licence for an animal that is threatened or near threatened wildlife unless— if the animal is a snake—the chief executive believes the snake would be kept for extracting venom to produce antivenom for humans; or a conservation plan applying to the animal authorises a person holding a harvesting licence to take the animal. See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , section 34 .\n(sec.128-ssec.2) The chief executive must not grant a harvesting licence for an animal if the chief executive believes the proposed holder of the licence would be unable to pay the conservation value for the animal under the Act .\n(sec.128-ssec.3) The chief executive must not grant a harvesting licence for taking an animal by using a weapon to an individual who is under 17 years. See the Nature Conservation (Macropod) Conservation Plan 2017 , section 36 limiting the grant of a harvesting licence for harvest macropods to an adult.\n(sec.128-ssec.4) The chief executive must not grant a harvesting licence for a whale or dolphin if the chief executive believes the whale or dolphin would be taken for displaying the whale or dolphin under an exhibited animal authority, whether or not the exhibited animal authority has been granted.\n- (a) if the animal is a snake—the chief executive believes the snake would be kept for extracting venom to produce antivenom for humans; or\n- (b) a conservation plan applying to the animal authorises a person holding a harvesting licence to take the animal. Note— See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , section 34 .","sortOrder":200},{"sectionNumber":"ch.4-pt.6-div.2","sectionType":"division","heading":"Activities authorised under licence","content":"## Activities authorised under licence","sortOrder":201},{"sectionNumber":"sec.129","sectionType":"section","heading":"Taking, keeping and using animals","content":"### sec.129 Taking, keeping and using animals\n\nThe holder of a harvesting licence, or a relevant person for the holder, may carry out any of the following activities—\ntake an authorised animal from the place stated in the licence as a place from where the animal may be taken;\ndisturb or interfere with the animal in the wild, to the extent necessary to take the animal under paragraph (a) ;\nkeep an authorised animal at the licensed premises for the licence;\nuse an authorised animal at the licensed premises for the licence, other than—\nto buy, accept or receive the animal; or\nsell or give away the animal; or\nFor authority to sell or give away an authorised animal, see section 130 .\nprocess the animal for a commercial purpose; or\nSee part 7 and chapter 5 , part 2 about dealer licences for processing animals for commercial purposes.\nengage in a commercial interaction with the animal in the wild.\nSee the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 for provisions limiting and extending the activities authorised under a harvesting licence for estuarine crocodile eggs.\nSee the Nature Conservation (Macropod) Conservation Plan 2017 for provisions limiting and extending the activities authorised under a harvesting licence for harvest macropods.\n- (a) take an authorised animal from the place stated in the licence as a place from where the animal may be taken;\n- (b) disturb or interfere with the animal in the wild, to the extent necessary to take the animal under paragraph (a) ;\n- (c) keep an authorised animal at the licensed premises for the licence;\n- (d) use an authorised animal at the licensed premises for the licence, other than— (i) to buy, accept or receive the animal; or (ii) sell or give away the animal; or Note— For authority to sell or give away an authorised animal, see section 130 . (iii) process the animal for a commercial purpose; or Note— See part 7 and chapter 5 , part 2 about dealer licences for processing animals for commercial purposes. (iv) engage in a commercial interaction with the animal in the wild.\n- (i) to buy, accept or receive the animal; or\n- (ii) sell or give away the animal; or Note— For authority to sell or give away an authorised animal, see section 130 .\n- (iii) process the animal for a commercial purpose; or Note— See part 7 and chapter 5 , part 2 about dealer licences for processing animals for commercial purposes.\n- (iv) engage in a commercial interaction with the animal in the wild.\n- (i) to buy, accept or receive the animal; or\n- (ii) sell or give away the animal; or Note— For authority to sell or give away an authorised animal, see section 130 .\n- (iii) process the animal for a commercial purpose; or Note— See part 7 and chapter 5 , part 2 about dealer licences for processing animals for commercial purposes.\n- (iv) engage in a commercial interaction with the animal in the wild.\n- 1 See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 for provisions limiting and extending the activities authorised under a harvesting licence for estuarine crocodile eggs.\n- 2 See the Nature Conservation (Macropod) Conservation Plan 2017 for provisions limiting and extending the activities authorised under a harvesting licence for harvest macropods.","sortOrder":202},{"sectionNumber":"sec.130","sectionType":"section","heading":"Selling and giving away animals","content":"### sec.130 Selling and giving away animals\n\nThe holder of a harvesting licence, or a relevant person for the holder, may sell or give away an authorised animal taken under the licence to—\nif a conservation plan states the holder or relevant person may sell or give the animal only to a particular person—the particular person; or\notherwise—\nif the animal is a live animal—a person authorised under an Act to—\nbuy, accept or receive the animal; and\nkeep or use the animal; or\nif the animal is a dead animal—the holder of a dealer licence or a relevant person for the holder; or\nif the chief executive has given written approval to sell or give the animal to another person—the other person.\n- (a) if a conservation plan states the holder or relevant person may sell or give the animal only to a particular person—the particular person; or\n- (b) otherwise— (i) if the animal is a live animal—a person authorised under an Act to— (A) buy, accept or receive the animal; and (B) keep or use the animal; or (ii) if the animal is a dead animal—the holder of a dealer licence or a relevant person for the holder; or (iii) if the chief executive has given written approval to sell or give the animal to another person—the other person.\n- (i) if the animal is a live animal—a person authorised under an Act to— (A) buy, accept or receive the animal; and (B) keep or use the animal; or\n- (A) buy, accept or receive the animal; and\n- (B) keep or use the animal; or\n- (ii) if the animal is a dead animal—the holder of a dealer licence or a relevant person for the holder; or\n- (iii) if the chief executive has given written approval to sell or give the animal to another person—the other person.\n- (i) if the animal is a live animal—a person authorised under an Act to— (A) buy, accept or receive the animal; and (B) keep or use the animal; or\n- (A) buy, accept or receive the animal; and\n- (B) keep or use the animal; or\n- (ii) if the animal is a dead animal—the holder of a dealer licence or a relevant person for the holder; or\n- (iii) if the chief executive has given written approval to sell or give the animal to another person—the other person.\n- (A) buy, accept or receive the animal; and\n- (B) keep or use the animal; or","sortOrder":203},{"sectionNumber":"sec.131","sectionType":"section","heading":"Moving animals between particular places","content":"### sec.131 Moving animals between particular places\n\nThe holder of a harvesting licence, or a relevant person for the holder, may move an authorised animal taken under the licence—\nfrom the place where the animal was taken to another place where the holder intends to take other animals under the licence; and\nfrom the place mentioned in paragraph (a) to—\nthe licensed premises for the licence; or\nanother authorised premises for the animal.\nSee part 2 , division 3 about moving particular animals under authorities.\nThis section does not authorise the holder or relevant person to move a prescribed protected animal—\nto another country; or\ninto another State if the movement is, whether directly or indirectly, associated with—\nmoving the animal to another country; or\nselling, giving or moving the animal to a person in another country.\n(sec.131-ssec.1) The holder of a harvesting licence, or a relevant person for the holder, may move an authorised animal taken under the licence— from the place where the animal was taken to another place where the holder intends to take other animals under the licence; and from the place mentioned in paragraph (a) to— the licensed premises for the licence; or another authorised premises for the animal. See part 2 , division 3 about moving particular animals under authorities.\n(sec.131-ssec.2) This section does not authorise the holder or relevant person to move a prescribed protected animal— to another country; or into another State if the movement is, whether directly or indirectly, associated with— moving the animal to another country; or selling, giving or moving the animal to a person in another country.\n- (a) from the place where the animal was taken to another place where the holder intends to take other animals under the licence; and\n- (b) from the place mentioned in paragraph (a) to— (i) the licensed premises for the licence; or (ii) another authorised premises for the animal.\n- (i) the licensed premises for the licence; or\n- (ii) another authorised premises for the animal.\n- (i) the licensed premises for the licence; or\n- (ii) another authorised premises for the animal.\n- (a) to another country; or\n- (b) into another State if the movement is, whether directly or indirectly, associated with— (i) moving the animal to another country; or (ii) selling, giving or moving the animal to a person in another country.\n- (i) moving the animal to another country; or\n- (ii) selling, giving or moving the animal to a person in another country.\n- (i) moving the animal to another country; or\n- (ii) selling, giving or moving the animal to a person in another country.","sortOrder":204},{"sectionNumber":"ch.4-pt.6-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":205},{"sectionNumber":"sec.132","sectionType":"section","heading":"Purpose of division","content":"### sec.132 Purpose of division\n\nThis division states conditions that apply to all harvesting licences.\nFailure to comply with a condition of an animal authority is an offence under section 318 .\nAlso, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\nThis division does not limit any other condition the chief executive may impose on a harvesting licence.\nFor the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n(sec.132-ssec.1) This division states conditions that apply to all harvesting licences. Failure to comply with a condition of an animal authority is an offence under section 318 . Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\n(sec.132-ssec.2) This division does not limit any other condition the chief executive may impose on a harvesting licence. For the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n- 1 Failure to comply with a condition of an animal authority is an offence under section 318 .\n- 2 Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.","sortOrder":206},{"sectionNumber":"sec.133","sectionType":"section","heading":"Way animal to be taken","content":"### sec.133 Way animal to be taken\n\nThe holder of a harvesting licence, or a relevant person for the holder, may take an authorised animal only if the animal—\nis taken from a location not visible to anyone other than someone taking an animal at the location; and\nis taken in a way that causes minimal damage and disturbance to other wildlife and the environment; and\nis taken by using an approved method for taking the animal under the licence.\nSee the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 for requirements about taking an estuarine crocodile egg.\nSee the Nature Conservation (Macropod) Conservation Plan 2017 for requirements about taking a harvest macropod, including taking a harvest macropod in a harvest period.\nIn this section—\napproved method , for taking an animal under a harvesting licence, means—\nif a method for taking the animal is stated in the licence—the stated method; or\notherwise—\na method stated in a departmental code of practice for the animal as a method by which the animal may be taken; or\nanother method that is humane.\ns 133 amd 2021 SL No. 165 s 7\n(sec.133-ssec.1) The holder of a harvesting licence, or a relevant person for the holder, may take an authorised animal only if the animal— is taken from a location not visible to anyone other than someone taking an animal at the location; and is taken in a way that causes minimal damage and disturbance to other wildlife and the environment; and is taken by using an approved method for taking the animal under the licence. See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 for requirements about taking an estuarine crocodile egg. See the Nature Conservation (Macropod) Conservation Plan 2017 for requirements about taking a harvest macropod, including taking a harvest macropod in a harvest period.\n(sec.133-ssec.2) In this section— approved method , for taking an animal under a harvesting licence, means— if a method for taking the animal is stated in the licence—the stated method; or otherwise— a method stated in a departmental code of practice for the animal as a method by which the animal may be taken; or another method that is humane.\n- (a) is taken from a location not visible to anyone other than someone taking an animal at the location; and\n- (b) is taken in a way that causes minimal damage and disturbance to other wildlife and the environment; and\n- (c) is taken by using an approved method for taking the animal under the licence.\n- 1 See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 for requirements about taking an estuarine crocodile egg.\n- 2 See the Nature Conservation (Macropod) Conservation Plan 2017 for requirements about taking a harvest macropod, including taking a harvest macropod in a harvest period.\n- (a) if a method for taking the animal is stated in the licence—the stated method; or\n- (b) otherwise— (i) a method stated in a departmental code of practice for the animal as a method by which the animal may be taken; or (ii) another method that is humane.\n- (i) a method stated in a departmental code of practice for the animal as a method by which the animal may be taken; or\n- (ii) another method that is humane.\n- (i) a method stated in a departmental code of practice for the animal as a method by which the animal may be taken; or\n- (ii) another method that is humane.","sortOrder":207},{"sectionNumber":"sec.134","sectionType":"section","heading":"Dealing with carcass of animal taken by killing","content":"### sec.134 Dealing with carcass of animal taken by killing\n\nThe holder of a harvesting licence, or a relevant person for the holder, who takes an authorised animal by killing the animal must keep the carcass of the animal in a way that ensures the animal can be easily identified.\nSubsection (1) does not prevent the holder or relevant person from removing an approved tag or any other thing used to identify the animal—\nimmediately before the holder tans the skin of the animal; or\nimmediately before the holder prepares the meat of the animal for consumption.\nSee the Nature Conservation (Macropod) Conservation Plan 2017 for requirements about identifying harvest macropods.\n(sec.134-ssec.1) The holder of a harvesting licence, or a relevant person for the holder, who takes an authorised animal by killing the animal must keep the carcass of the animal in a way that ensures the animal can be easily identified.\n(sec.134-ssec.2) Subsection (1) does not prevent the holder or relevant person from removing an approved tag or any other thing used to identify the animal— immediately before the holder tans the skin of the animal; or immediately before the holder prepares the meat of the animal for consumption.\n- (a) immediately before the holder tans the skin of the animal; or\n- (b) immediately before the holder prepares the meat of the animal for consumption.","sortOrder":208},{"sectionNumber":"sec.135","sectionType":"section","heading":"Record keeping","content":"### sec.135 Record keeping\n\nThe holder of a harvesting licence must keep a record for the licence.\nFor the requirements for records, see chapter 8 .\nSee the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 for requirements about keeping a record for a harvesting licence for estuarine crocodile eggs.\nSee the Nature Conservation (Macropod) Conservation Plan 2017 for requirements about keeping a record for a harvesting licence for harvest macropods.\nThe holder complies with subsection (1) if a relevant person, or an approved person, for the holder keeps the record for the holder.\n(sec.135-ssec.1) The holder of a harvesting licence must keep a record for the licence. For the requirements for records, see chapter 8 . See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 for requirements about keeping a record for a harvesting licence for estuarine crocodile eggs. See the Nature Conservation (Macropod) Conservation Plan 2017 for requirements about keeping a record for a harvesting licence for harvest macropods.\n(sec.135-ssec.2) The holder complies with subsection (1) if a relevant person, or an approved person, for the holder keeps the record for the holder.\n- 1 For the requirements for records, see chapter 8 .\n- 2 See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 for requirements about keeping a record for a harvesting licence for estuarine crocodile eggs.\n- 3 See the Nature Conservation (Macropod) Conservation Plan 2017 for requirements about keeping a record for a harvesting licence for harvest macropods.","sortOrder":209},{"sectionNumber":"sec.136","sectionType":"section","heading":"Return of operations","content":"### sec.136 Return of operations\n\nThe holder of a harvesting licence must give the chief executive a return of operations for the licence.\nFor the requirements for returns of operations, see chapter 8 .\nThe holder complies with subsection (1) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.\n(sec.136-ssec.1) The holder of a harvesting licence must give the chief executive a return of operations for the licence. For the requirements for returns of operations, see chapter 8 .\n(sec.136-ssec.2) The holder complies with subsection (1) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.","sortOrder":210},{"sectionNumber":"ch.4-pt.7","sectionType":"part","heading":"Dealer licences","content":"# Dealer licences","sortOrder":211},{"sectionNumber":"ch.4-pt.7-div.1","sectionType":"division","heading":"Grant and restrictions on grant","content":"## Grant and restrictions on grant","sortOrder":212},{"sectionNumber":"sec.137","sectionType":"section","heading":"Grant of licence","content":"### sec.137 Grant of licence\n\nSubject to section 138 and chapter 5 , part 2 , the chief executive may grant a dealer licence for—\na live farm animal; or\na dead protected animal; or\na dead international animal.\n- (a) a live farm animal; or\n- (b) a dead protected animal; or\n- (c) a dead international animal.","sortOrder":213},{"sectionNumber":"sec.138","sectionType":"section","heading":"Restrictions on grant","content":"### sec.138 Restrictions on grant\n\nThe chief executive must not grant a dealer licence to a child.\nThe chief executive must not grant a dealer licence for a live farm animal unless the chief executive believes the animal is kept under a farming licence before the proposed holder of the dealer licence buys, accepts or receives the animal.\nThe chief executive must not grant a dealer licence for a live farm animal unless the chief executive believes the animal would be processed under the licence as soon as practicable after the holder, or a relevant person for the holder, buys, accepts or receives the animal.\ns 138 amd 2022 SL No. 37 s 7\n(sec.138-ssec.1) The chief executive must not grant a dealer licence to a child.\n(sec.138-ssec.2) The chief executive must not grant a dealer licence for a live farm animal unless the chief executive believes the animal is kept under a farming licence before the proposed holder of the dealer licence buys, accepts or receives the animal.\n(sec.138-ssec.3) The chief executive must not grant a dealer licence for a live farm animal unless the chief executive believes the animal would be processed under the licence as soon as practicable after the holder, or a relevant person for the holder, buys, accepts or receives the animal.","sortOrder":214},{"sectionNumber":"ch.4-pt.7-div.2","sectionType":"division","heading":"Activities authorised under licence","content":"## Activities authorised under licence","sortOrder":215},{"sectionNumber":"sec.139","sectionType":"section","heading":"Keeping and using animals","content":"### sec.139 Keeping and using animals\n\nThe holder of a dealer licence, or a relevant person for the holder, may carry out any of the following activities—\nbuy, accept, or receive an authorised animal for processing the animal;\nkeep an authorised animal at the licensed premises for the licence for processing the animal;\nprocess an authorised animal at the licensed premises for the licence;\nsell or give away an authorised animal at the licensed premises for the licence.\nSee the Nature Conservation (Macropod) Conservation Plan 2017 for provisions limiting and extending the activities authorised under a dealer licence for dead macropods.\n- (a) buy, accept, or receive an authorised animal for processing the animal;\n- (b) keep an authorised animal at the licensed premises for the licence for processing the animal;\n- (c) process an authorised animal at the licensed premises for the licence;\n- (d) sell or give away an authorised animal at the licensed premises for the licence.","sortOrder":216},{"sectionNumber":"ch.4-pt.7-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":217},{"sectionNumber":"sec.140","sectionType":"section","heading":"Purpose of division","content":"### sec.140 Purpose of division\n\nThis division states conditions that apply to all dealer licences.\nFailure to comply with a condition of an animal authority is an offence under section 318 .\nAlso, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\nThis division does not limit any other condition the chief executive may impose on a dealer licence.\nFor the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n(sec.140-ssec.1) This division states conditions that apply to all dealer licences. Failure to comply with a condition of an animal authority is an offence under section 318 . Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\n(sec.140-ssec.2) This division does not limit any other condition the chief executive may impose on a dealer licence. For the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n- 1 Failure to comply with a condition of an animal authority is an offence under section 318 .\n- 2 Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.","sortOrder":218},{"sectionNumber":"sec.141","sectionType":"section","heading":"Record keeping","content":"### sec.141 Record keeping\n\nThe holder of a dealer licence must keep a record for the licence.\nFor the requirements for records, see chapter 8 .\nThe holder complies with subsection (1) if a relevant person, or an approved person, for the holder keeps the record for the holder.\n(sec.141-ssec.1) The holder of a dealer licence must keep a record for the licence. For the requirements for records, see chapter 8 .\n(sec.141-ssec.2) The holder complies with subsection (1) if a relevant person, or an approved person, for the holder keeps the record for the holder.","sortOrder":219},{"sectionNumber":"sec.142","sectionType":"section","heading":"Return of operations","content":"### sec.142 Return of operations\n\nThe holder of a dealer licence for dead protected animals must give the chief executive a return of operations for the licence.\nFor the requirements for returns of operations, see chapter 8 .\nThe holder complies with subsection (1) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.\n(sec.142-ssec.1) The holder of a dealer licence for dead protected animals must give the chief executive a return of operations for the licence. For the requirements for returns of operations, see chapter 8 .\n(sec.142-ssec.2) The holder complies with subsection (1) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.","sortOrder":220},{"sectionNumber":"ch.4-pt.8","sectionType":"part","heading":"Interaction licences","content":"# Interaction licences","sortOrder":221},{"sectionNumber":"ch.4-pt.8-div.1","sectionType":"division","heading":"Grant and restrictions on grant","content":"## Grant and restrictions on grant","sortOrder":222},{"sectionNumber":"sec.143","sectionType":"section","heading":"Grant of licence","content":"### sec.143 Grant of licence\n\nSubject to section 144 and chapter 5 , part 2 , the chief executive may grant an interaction licence for a live protected animal.","sortOrder":223},{"sectionNumber":"sec.144","sectionType":"section","heading":"Restrictions on grant","content":"### sec.144 Restrictions on grant\n\nThe chief executive must not grant an interaction licence to a child.\nThe chief executive must not grant an interaction licence for an animal unless the proposed holder of the licence has an approved interaction plan for the animal.\nThe chief executive must not grant an interaction licence for an animal if the chief executive believes the activity proposed to be carried out under the licence is an activity for which another animal authority or an exhibited animal authority would be more appropriate.\nA person applies for an interaction licence for an activity for a scientific purpose and the chief executive believes it would be more appropriate for the person to carry out the activity under a research permit.\nA person applies for an interaction licence to exhibit and deal with a protected animal and the chief executive believes it would be more appropriate for the person to apply for an exhibited animal authority.\n(sec.144-ssec.1) The chief executive must not grant an interaction licence to a child.\n(sec.144-ssec.2) The chief executive must not grant an interaction licence for an animal unless the proposed holder of the licence has an approved interaction plan for the animal.\n(sec.144-ssec.3) The chief executive must not grant an interaction licence for an animal if the chief executive believes the activity proposed to be carried out under the licence is an activity for which another animal authority or an exhibited animal authority would be more appropriate. A person applies for an interaction licence for an activity for a scientific purpose and the chief executive believes it would be more appropriate for the person to carry out the activity under a research permit. A person applies for an interaction licence to exhibit and deal with a protected animal and the chief executive believes it would be more appropriate for the person to apply for an exhibited animal authority.\n- 1 A person applies for an interaction licence for an activity for a scientific purpose and the chief executive believes it would be more appropriate for the person to carry out the activity under a research permit.\n- 2 A person applies for an interaction licence to exhibit and deal with a protected animal and the chief executive believes it would be more appropriate for the person to apply for an exhibited animal authority.","sortOrder":224},{"sectionNumber":"ch.4-pt.8-div.2","sectionType":"division","heading":"Activities authorised under licence","content":"## Activities authorised under licence","sortOrder":225},{"sectionNumber":"sec.145","sectionType":"section","heading":"Commercial interactions","content":"### sec.145 Commercial interactions\n\nThe holder of an interaction licence, or a relevant person for the holder, may engage in a commercial interaction with an authorised animal in the wild.\nFor interactions authorised under an interaction licence for estuarine crocodiles, see the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , section 48 .\nUnder section 332 , a person must not engage in a commercial interaction with a live protected animal in the wild in particular circumstances.\nUnder section 333 , a person must not feed a native animal in the wild in particular circumstances.\nHowever, subsection (1) does not authorise a person to engage in a commercial interaction with an animal in—\nan area declared as a marine park under the Marine Parks Act 2004 ; or\nthe Great Barrier Reef Marine Park established under the Great Barrier Reef Marine Park Act 1975 (Cwlth) .\n(sec.145-ssec.1) The holder of an interaction licence, or a relevant person for the holder, may engage in a commercial interaction with an authorised animal in the wild. For interactions authorised under an interaction licence for estuarine crocodiles, see the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , section 48 . Under section 332 , a person must not engage in a commercial interaction with a live protected animal in the wild in particular circumstances. Under section 333 , a person must not feed a native animal in the wild in particular circumstances.\n(sec.145-ssec.2) However, subsection (1) does not authorise a person to engage in a commercial interaction with an animal in— an area declared as a marine park under the Marine Parks Act 2004 ; or the Great Barrier Reef Marine Park established under the Great Barrier Reef Marine Park Act 1975 (Cwlth) .\n- 1 For interactions authorised under an interaction licence for estuarine crocodiles, see the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , section 48 .\n- 2 Under section 332 , a person must not engage in a commercial interaction with a live protected animal in the wild in particular circumstances.\n- 3 Under section 333 , a person must not feed a native animal in the wild in particular circumstances.\n- (a) an area declared as a marine park under the Marine Parks Act 2004 ; or\n- (b) the Great Barrier Reef Marine Park established under the Great Barrier Reef Marine Park Act 1975 (Cwlth) .","sortOrder":226},{"sectionNumber":"ch.4-pt.8-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":227},{"sectionNumber":"sec.146","sectionType":"section","heading":"Purpose of division","content":"### sec.146 Purpose of division\n\nThis division states conditions that apply to all interaction licences.\nFailure to comply with a condition of an animal authority is an offence under section 318 .\nAlso, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\nThis division does not limit any other condition the chief executive may impose on an interaction licence.\nFor the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n(sec.146-ssec.1) This division states conditions that apply to all interaction licences. Failure to comply with a condition of an animal authority is an offence under section 318 . Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\n(sec.146-ssec.2) This division does not limit any other condition the chief executive may impose on an interaction licence. For the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n- 1 Failure to comply with a condition of an animal authority is an offence under section 318 .\n- 2 Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.","sortOrder":228},{"sectionNumber":"sec.147","sectionType":"section","heading":"Compliance with approved interaction plan","content":"### sec.147 Compliance with approved interaction plan\n\nThe holder of an interaction licence for a live protected animal, or a relevant person for the holder, must comply with the holder’s approved interaction plan for the animal while carrying out activities under the licence.","sortOrder":229},{"sectionNumber":"sec.148","sectionType":"section","heading":"Record keeping","content":"### sec.148 Record keeping\n\nThe holder of an interaction licence for a live protected animal must keep a record about activities carried out under the licence.\nFor the requirements for records, see chapter 8 .\nIn addition to a matter mentioned in chapter 8 , the record must include the following information about the activities carried out under the licence—\nany identified problems or concerns relating to the activities, including, for example—\nany increase in illness or injury in the animals the subject of the activities; and\nany incidence of aggression by animals the subject of the activities against the holder’s clients participating in the activities; and\nany complaint by a member of the public about the impact of the activities;\nhow the problems or concerns mentioned in paragraph (a) were identified and resolved.\nThe holder complies with subsection (1) if a relevant person, or an approved person, for the holder keeps the record for the holder.\n(sec.148-ssec.1) The holder of an interaction licence for a live protected animal must keep a record about activities carried out under the licence. For the requirements for records, see chapter 8 .\n(sec.148-ssec.2) In addition to a matter mentioned in chapter 8 , the record must include the following information about the activities carried out under the licence— any identified problems or concerns relating to the activities, including, for example— any increase in illness or injury in the animals the subject of the activities; and any incidence of aggression by animals the subject of the activities against the holder’s clients participating in the activities; and any complaint by a member of the public about the impact of the activities; how the problems or concerns mentioned in paragraph (a) were identified and resolved.\n(sec.148-ssec.3) The holder complies with subsection (1) if a relevant person, or an approved person, for the holder keeps the record for the holder.\n- (a) any identified problems or concerns relating to the activities, including, for example— (i) any increase in illness or injury in the animals the subject of the activities; and (ii) any incidence of aggression by animals the subject of the activities against the holder’s clients participating in the activities; and (iii) any complaint by a member of the public about the impact of the activities;\n- (i) any increase in illness or injury in the animals the subject of the activities; and\n- (ii) any incidence of aggression by animals the subject of the activities against the holder’s clients participating in the activities; and\n- (iii) any complaint by a member of the public about the impact of the activities;\n- (b) how the problems or concerns mentioned in paragraph (a) were identified and resolved.\n- (i) any increase in illness or injury in the animals the subject of the activities; and\n- (ii) any incidence of aggression by animals the subject of the activities against the holder’s clients participating in the activities; and\n- (iii) any complaint by a member of the public about the impact of the activities;","sortOrder":230},{"sectionNumber":"ch.4-pt.9","sectionType":"part","heading":"Farming licences","content":"# Farming licences","sortOrder":231},{"sectionNumber":"ch.4-pt.9-div.1","sectionType":"division","heading":"Grant and restrictions on grant","content":"## Grant and restrictions on grant","sortOrder":232},{"sectionNumber":"sec.149","sectionType":"section","heading":"Grant of licence","content":"### sec.149 Grant of licence\n\nSubject to section 150 and chapter 5 , part 2 , the chief executive may grant a farming licence for a farm animal.","sortOrder":233},{"sectionNumber":"sec.150","sectionType":"section","heading":"Restrictions on grant","content":"### sec.150 Restrictions on grant\n\nThe chief executive must not grant a farming licence to a child.\nThe chief executive must not grant a farming licence for a farm animal unless the chief executive is satisfied—\nthe animal was taken from the wild by a person authorised under the Act to take the animal; or\nthe animal has been, or is being, lawfully moved into the State for use for farming; or\nthe animal was lawfully obtained and kept at a time when it was not a protected animal; or\nthe animal is a descendant of an animal mentioned in paragraph (a) , (b) or (c) .\nThe chief executive must not grant a farming licence for a reptile of the family Elapidae unless the chief executive believes the reptile would be kept for extracting venom to produce antivenom for humans.\ns 150 amd 2022 SL No. 37 s 8\n(sec.150-ssec.1) The chief executive must not grant a farming licence to a child.\n(sec.150-ssec.2) The chief executive must not grant a farming licence for a farm animal unless the chief executive is satisfied— the animal was taken from the wild by a person authorised under the Act to take the animal; or the animal has been, or is being, lawfully moved into the State for use for farming; or the animal was lawfully obtained and kept at a time when it was not a protected animal; or the animal is a descendant of an animal mentioned in paragraph (a) , (b) or (c) .\n(sec.150-ssec.3) The chief executive must not grant a farming licence for a reptile of the family Elapidae unless the chief executive believes the reptile would be kept for extracting venom to produce antivenom for humans.\n- (a) the animal was taken from the wild by a person authorised under the Act to take the animal; or\n- (b) the animal has been, or is being, lawfully moved into the State for use for farming; or\n- (c) the animal was lawfully obtained and kept at a time when it was not a protected animal; or\n- (d) the animal is a descendant of an animal mentioned in paragraph (a) , (b) or (c) .","sortOrder":234},{"sectionNumber":"ch.4-pt.9-div.2","sectionType":"division","heading":"Activities authorised under licence","content":"## Activities authorised under licence","sortOrder":235},{"sectionNumber":"sec.151","sectionType":"section","heading":"Keeping and using animals","content":"### sec.151 Keeping and using animals\n\nThe holder of a farming licence, or a relevant person for the holder, may carry out any of the following activities—\nbuy, accept or receive an authorised animal;\nkeep an authorised animal at the licensed premises for the licence;\notherwise use an authorised animal at the licensed premises for the licence.\nFor authority to display an authorised animal, see section 152 .\n- (a) buy, accept or receive an authorised animal;\n- (b) keep an authorised animal at the licensed premises for the licence;\n- (c) otherwise use an authorised animal at the licensed premises for the licence. Note— For authority to display an authorised animal, see section 152 .","sortOrder":236},{"sectionNumber":"sec.152","sectionType":"section","heading":"Displaying animals","content":"### sec.152 Displaying animals\n\nThe holder of a farming licence, or a relevant person for the holder, may display an authorised animal kept under the licence—\nfor an authorised display purpose; and\nat the licensed premises for the licence or in a travelling display or temporary display.\nIn this section—\ntemporary display means a display that lasts for not more than 14 days.\n(sec.152-ssec.1) The holder of a farming licence, or a relevant person for the holder, may display an authorised animal kept under the licence— for an authorised display purpose; and at the licensed premises for the licence or in a travelling display or temporary display.\n(sec.152-ssec.2) In this section— temporary display means a display that lasts for not more than 14 days.\n- (a) for an authorised display purpose; and\n- (b) at the licensed premises for the licence or in a travelling display or temporary display.","sortOrder":237},{"sectionNumber":"sec.153","sectionType":"section","heading":"Moving animals to or from other licensed premises","content":"### sec.153 Moving animals to or from other licensed premises\n\nThe holder of a farming licence (the primary licence ), or a relevant person for the holder, may move an authorised animal kept under the licence—\nfrom the licensed premises for the primary licence to the licensed premises for either of the following (each a secondary authority ) also held by the holder—\nanother farming licence for the animal;\na permit to keep the animal; or\nfrom the licensed premises for the secondary authority to the licensed premises for the primary licence.\nSee part 2 , division 3 about moving particular animals under authorities.\n- (a) from the licensed premises for the primary licence to the licensed premises for either of the following (each a secondary authority ) also held by the holder— (i) another farming licence for the animal; (ii) a permit to keep the animal; or\n- (i) another farming licence for the animal;\n- (ii) a permit to keep the animal; or\n- (b) from the licensed premises for the secondary authority to the licensed premises for the primary licence.\n- (i) another farming licence for the animal;\n- (ii) a permit to keep the animal; or","sortOrder":238},{"sectionNumber":"sec.154","sectionType":"section","heading":"Moving live animals to and from display","content":"### sec.154 Moving live animals to and from display\n\nThe holder of a farming licence, or a relevant person for the holder, may move an authorised animal kept under the licence—\nfrom the licensed premises for the licence to a place in the State or another State where the animal is to be displayed under the licence; or\nfrom a place in the State or another State where the animal is displayed under the licence to—\nanother place in the State or another State where the animal is to be displayed under the licence; or\nthe licensed premises for the licence.\nSee part 2 , division 3 about moving particular animals under authorities.\nHowever, the holder or relevant person may move the animal under subsection (1) (a) or (b) (i) only if the holder or relevant person ensures the animal is moved back under subsection (1) (b) (ii) as soon as practicable after the animal stops being displayed under the licence.\nSee also section 153 .\n(sec.154-ssec.1) The holder of a farming licence, or a relevant person for the holder, may move an authorised animal kept under the licence— from the licensed premises for the licence to a place in the State or another State where the animal is to be displayed under the licence; or from a place in the State or another State where the animal is displayed under the licence to— another place in the State or another State where the animal is to be displayed under the licence; or the licensed premises for the licence. See part 2 , division 3 about moving particular animals under authorities.\n(sec.154-ssec.2) However, the holder or relevant person may move the animal under subsection (1) (a) or (b) (i) only if the holder or relevant person ensures the animal is moved back under subsection (1) (b) (ii) as soon as practicable after the animal stops being displayed under the licence.\n- (a) from the licensed premises for the licence to a place in the State or another State where the animal is to be displayed under the licence; or\n- (b) from a place in the State or another State where the animal is displayed under the licence to— (i) another place in the State or another State where the animal is to be displayed under the licence; or (ii) the licensed premises for the licence.\n- (i) another place in the State or another State where the animal is to be displayed under the licence; or\n- (ii) the licensed premises for the licence.\n- (i) another place in the State or another State where the animal is to be displayed under the licence; or\n- (ii) the licensed premises for the licence.","sortOrder":239},{"sectionNumber":"ch.4-pt.9-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":240},{"sectionNumber":"sec.155","sectionType":"section","heading":"Purpose of division","content":"### sec.155 Purpose of division\n\nThis division states conditions that apply to all farming licences.\nFailure to comply with a condition of an animal authority is an offence under section 318 .\nAlso, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\nThis division does not limit any other condition the chief executive may impose on a farming licence.\nFor the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n(sec.155-ssec.1) This division states conditions that apply to all farming licences. Failure to comply with a condition of an animal authority is an offence under section 318 . Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\n(sec.155-ssec.2) This division does not limit any other condition the chief executive may impose on a farming licence. For the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n- 1 Failure to comply with a condition of an animal authority is an offence under section 318 .\n- 2 Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.","sortOrder":241},{"sectionNumber":"sec.156","sectionType":"section","heading":"Identifying animal taken from the wild","content":"### sec.156 Identifying animal taken from the wild\n\nThis section applies if the holder of a farming licence, or a relevant person for the holder, keeps, under the licence, an authorised animal that was taken from the wild.\nThe holder must ensure the animal is identified in the way approved for the animal by the chief executive.\n(sec.156-ssec.1) This section applies if the holder of a farming licence, or a relevant person for the holder, keeps, under the licence, an authorised animal that was taken from the wild.\n(sec.156-ssec.2) The holder must ensure the animal is identified in the way approved for the animal by the chief executive.","sortOrder":242},{"sectionNumber":"sec.157","sectionType":"section","heading":"Displaying animals","content":"### sec.157 Displaying animals\n\nThe holder of a farming licence, or a relevant person for the holder, must ensure a live authorised animal displayed under the licence—\nis displayed in a way that ensures all of the following risks are minimised—\nthe likelihood of the animal’s escape;\nthe risk of injury to a person;\nthe risk of injury or ill-health to the animal; and\nis supervised by the holder or relevant person at all times while the animal is being displayed.\nA person complies with subsection (1) (a) if the person complies with the exhibition code to the extent the code is relevant to the way in which animals should be displayed.\nSubsection (2) does not limit the ways in which a person may otherwise comply with subsection (1) (a) .\nThe holder of a farming licence, or a relevant person for the holder, must not, without the chief executive’s written approval—\ndisplay a live authorised animal under the licence if the animal has visible signs of illness or injury; or\nforce an authorised animal displayed under the licence to do an act the animal would not normally do in the wild.\n(sec.157-ssec.1) The holder of a farming licence, or a relevant person for the holder, must ensure a live authorised animal displayed under the licence— is displayed in a way that ensures all of the following risks are minimised— the likelihood of the animal’s escape; the risk of injury to a person; the risk of injury or ill-health to the animal; and is supervised by the holder or relevant person at all times while the animal is being displayed.\n(sec.157-ssec.2) A person complies with subsection (1) (a) if the person complies with the exhibition code to the extent the code is relevant to the way in which animals should be displayed.\n(sec.157-ssec.3) Subsection (2) does not limit the ways in which a person may otherwise comply with subsection (1) (a) .\n(sec.157-ssec.4) The holder of a farming licence, or a relevant person for the holder, must not, without the chief executive’s written approval— display a live authorised animal under the licence if the animal has visible signs of illness or injury; or force an authorised animal displayed under the licence to do an act the animal would not normally do in the wild.\n- (a) is displayed in a way that ensures all of the following risks are minimised— (i) the likelihood of the animal’s escape; (ii) the risk of injury to a person; (iii) the risk of injury or ill-health to the animal; and\n- (i) the likelihood of the animal’s escape;\n- (ii) the risk of injury to a person;\n- (iii) the risk of injury or ill-health to the animal; and\n- (b) is supervised by the holder or relevant person at all times while the animal is being displayed.\n- (i) the likelihood of the animal’s escape;\n- (ii) the risk of injury to a person;\n- (iii) the risk of injury or ill-health to the animal; and\n- (a) display a live authorised animal under the licence if the animal has visible signs of illness or injury; or\n- (b) force an authorised animal displayed under the licence to do an act the animal would not normally do in the wild.","sortOrder":243},{"sectionNumber":"sec.158","sectionType":"section","heading":"Handling dangerous animals","content":"### sec.158 Handling dangerous animals\n\nThe holder of a farming licence must not allow a person to handle a live dangerous or venomous animal kept under the licence unless the person—\nis a relevant person for the holder who has appropriate training for handling the animal; or\nhandles the animal as part of training being conducted by the holder or a relevant person for the holder.\n- (a) is a relevant person for the holder who has appropriate training for handling the animal; or\n- (b) handles the animal as part of training being conducted by the holder or a relevant person for the holder.","sortOrder":244},{"sectionNumber":"sec.159","sectionType":"section","heading":"Record keeping","content":"### sec.159 Record keeping\n\nThe holder of a farming licence must keep a record for the licence.\nFor the requirements for records, see chapter 8 .\nThe holder complies with subsection (1) if a relevant person, or an approved person, for the holder keeps the record for the holder.\n(sec.159-ssec.1) The holder of a farming licence must keep a record for the licence. For the requirements for records, see chapter 8 .\n(sec.159-ssec.2) The holder complies with subsection (1) if a relevant person, or an approved person, for the holder keeps the record for the holder.","sortOrder":245},{"sectionNumber":"sec.160","sectionType":"section","heading":"Return of operations","content":"### sec.160 Return of operations\n\nThe holder of a farming licence must give the chief executive a return of operations for the licence.\nFor the requirements for returns of operations, see chapter 8 .\nThe holder complies with subsection (1) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.\n(sec.160-ssec.1) The holder of a farming licence must give the chief executive a return of operations for the licence. For the requirements for returns of operations, see chapter 8 .\n(sec.160-ssec.2) The holder complies with subsection (1) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.","sortOrder":246},{"sectionNumber":"ch.4-pt.10","sectionType":"part","heading":"Damage mitigation permits","content":"# Damage mitigation permits","sortOrder":247},{"sectionNumber":"ch.4-pt.10-div.1","sectionType":"division","heading":"Grant and restrictions on grant","content":"## Grant and restrictions on grant","sortOrder":248},{"sectionNumber":"sec.161","sectionType":"section","heading":"Grant of permit","content":"### sec.161 Grant of permit\n\nSubject to sections 162 to 165 and chapter 5 , part 2 , the chief executive may grant a damage mitigation permit for a protected animal, other than an extinct animal or an extinct in the wild animal.","sortOrder":249},{"sectionNumber":"sec.162","sectionType":"section","heading":"General restrictions on grant","content":"### sec.162 General restrictions on grant\n\nThe chief executive must not grant a damage mitigation permit for an animal unless the permit is for 1 or more of the following purposes—\npreventing damage or loss caused, or likely to be caused, by the animal;\npreventing or minimising a threat, or potential threat, to human health or wellbeing caused, or likely to be caused, by the animal;\na purpose stated in a conservation plan applying to the animal.\nSee the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , section 22 about problem crocodiles.\nThe chief executive must not grant a damage mitigation permit for taking an animal by using a weapon to an individual who is under 17 years.\nThe chief executive must not grant a damage mitigation permit for a critically endangered, endangered, vulnerable or near threatened animal unless—\na conservation plan applying to the animal authorises a person holding a damage mitigation permit to take the animal; or\nthe permit requires any animal taken under the permit to be released into a prescribed natural habitat for the animal.\n(sec.162-ssec.1) The chief executive must not grant a damage mitigation permit for an animal unless the permit is for 1 or more of the following purposes— preventing damage or loss caused, or likely to be caused, by the animal; preventing or minimising a threat, or potential threat, to human health or wellbeing caused, or likely to be caused, by the animal; a purpose stated in a conservation plan applying to the animal. See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , section 22 about problem crocodiles.\n(sec.162-ssec.2) The chief executive must not grant a damage mitigation permit for taking an animal by using a weapon to an individual who is under 17 years.\n(sec.162-ssec.3) The chief executive must not grant a damage mitigation permit for a critically endangered, endangered, vulnerable or near threatened animal unless— a conservation plan applying to the animal authorises a person holding a damage mitigation permit to take the animal; or the permit requires any animal taken under the permit to be released into a prescribed natural habitat for the animal.\n- (a) preventing damage or loss caused, or likely to be caused, by the animal;\n- (b) preventing or minimising a threat, or potential threat, to human health or wellbeing caused, or likely to be caused, by the animal;\n- (c) a purpose stated in a conservation plan applying to the animal. Note— See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , section 22 about problem crocodiles.\n- (a) a conservation plan applying to the animal authorises a person holding a damage mitigation permit to take the animal; or\n- (b) the permit requires any animal taken under the permit to be released into a prescribed natural habitat for the animal.","sortOrder":250},{"sectionNumber":"sec.163","sectionType":"section","heading":"Restrictions on grant of permit to prevent damage or loss by animals other than flying-foxes","content":"### sec.163 Restrictions on grant of permit to prevent damage or loss by animals other than flying-foxes\n\nThis section applies in relation to a damage mitigation permit for a purpose mentioned in section 162 (1) (a) for an animal other than a flying-fox.\nThe chief executive must not grant the permit unless the chief executive is satisfied—\nthe animal is causing, or may cause, damage; and\nthe landholder of the land on which the animal is causing, or may cause, damage has made a reasonable attempt to prevent or minimise the damage and the action taken has not prevented or minimised the damage; and\ninstalling a fence or other enclosure, to prevent an animal from accessing land, or property on land, on which the animal is causing or may cause damage\nusing an audio or visual device or other thing to deter an animal from accessing land, or property on land, on which the animal is causing or may cause damage\nif the damage is not prevented or controlled—\npersons may suffer significant economic loss; or\nthe ecological sustainability of nature is likely to be harmed; and\naction under the permit would not adversely affect the survival of the animal in the wild; and\nthe proposed way of taking the animal is humane.\ns 163 amd 2023 SL No. 77 s 8 ; 2025 SL No. 154 s 3\n(sec.163-ssec.1) This section applies in relation to a damage mitigation permit for a purpose mentioned in section 162 (1) (a) for an animal other than a flying-fox.\n(sec.163-ssec.2) The chief executive must not grant the permit unless the chief executive is satisfied— the animal is causing, or may cause, damage; and the landholder of the land on which the animal is causing, or may cause, damage has made a reasonable attempt to prevent or minimise the damage and the action taken has not prevented or minimised the damage; and installing a fence or other enclosure, to prevent an animal from accessing land, or property on land, on which the animal is causing or may cause damage using an audio or visual device or other thing to deter an animal from accessing land, or property on land, on which the animal is causing or may cause damage if the damage is not prevented or controlled— persons may suffer significant economic loss; or the ecological sustainability of nature is likely to be harmed; and action under the permit would not adversely affect the survival of the animal in the wild; and the proposed way of taking the animal is humane.\n- (a) the animal is causing, or may cause, damage; and\n- (b) the landholder of the land on which the animal is causing, or may cause, damage has made a reasonable attempt to prevent or minimise the damage and the action taken has not prevented or minimised the damage; and Examples of reasonable attempts to prevent or minimise damage— • installing a fence or other enclosure, to prevent an animal from accessing land, or property on land, on which the animal is causing or may cause damage • using an audio or visual device or other thing to deter an animal from accessing land, or property on land, on which the animal is causing or may cause damage\n- • installing a fence or other enclosure, to prevent an animal from accessing land, or property on land, on which the animal is causing or may cause damage\n- • using an audio or visual device or other thing to deter an animal from accessing land, or property on land, on which the animal is causing or may cause damage\n- (c) if the damage is not prevented or controlled— (i) persons may suffer significant economic loss; or (ii) the ecological sustainability of nature is likely to be harmed; and\n- (i) persons may suffer significant economic loss; or\n- (ii) the ecological sustainability of nature is likely to be harmed; and\n- (d) action under the permit would not adversely affect the survival of the animal in the wild; and\n- (e) the proposed way of taking the animal is humane.\n- • installing a fence or other enclosure, to prevent an animal from accessing land, or property on land, on which the animal is causing or may cause damage\n- • using an audio or visual device or other thing to deter an animal from accessing land, or property on land, on which the animal is causing or may cause damage\n- (i) persons may suffer significant economic loss; or\n- (ii) the ecological sustainability of nature is likely to be harmed; and","sortOrder":251},{"sectionNumber":"sec.164","sectionType":"section","heading":"Restrictions on grant of permit to prevent damage or loss by flying-foxes","content":"### sec.164 Restrictions on grant of permit to prevent damage or loss by flying-foxes\n\nThis section applies in relation to a damage mitigation permit for a purpose mentioned in section 162 (1) (a) for a flying-fox.\nThe chief executive must not grant the permit unless the chief executive is satisfied—\nthe flying-fox is causing, or may cause, damage to crops; and\nthe landholder of the land on which the flying-fox is causing, or may cause, damage has made a reasonable attempt to take action, to prevent or control the damage, stated in the flying-fox damage mitigation code; and\nthe landholder may suffer significant economic loss of the kind stated in the flying-fox damage mitigation code if the damage is not prevented or controlled; and\nthe landholder is a commercial crop grower for the land; and\naction under the permit would not adversely affect the survival of the species of flying-fox in the wild; and\nthe proposed way of taking the flying-fox complies with the flying-fox damage mitigation code; and\nthe proposed way of dealing with the flying-fox after the flying-fox has been taken complies with the flying-fox damage mitigation code; and\nthe landholder holds, or has held—\na damage mitigation permit for a purpose mentioned in section 162 (1) (a) for a flying-fox; or\na damage mitigation permit for taking a flying-fox for a reason mentioned in the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 185 (2) , granted under that regulation and the repealed Nature Conservation (Administration) Regulation 2017 .\nAlso, the chief executive must not grant the permit if—\nthe permit would authorise the taking of a flying-fox of a particular species in a particular financial year; and\nthe total permit number for the species for the financial year has reached the maximum permit number for the species.\nIn this section—\ncommercial crop grower , for land, means a person carrying on a business of growing a crop for commercial gain, other than an incidental use of the land.\nmaximum permit number , for a species of flying-fox, means the number of flying-foxes of that species that the flying-fox damage mitigation code states is the maximum number of flying-foxes of that species that may be taken in a financial year under damage mitigation permits.\ntotal permit number , for a species of flying-fox for a financial year, means the total number of flying-fox of that species for which damage mitigation permits for taking flying-foxes have been granted under the Act in the financial year.\ns 164 amd 2023 SL No. 77 s 9 ; 2025 SL No. 154 s 4\n(sec.164-ssec.1) This section applies in relation to a damage mitigation permit for a purpose mentioned in section 162 (1) (a) for a flying-fox.\n(sec.164-ssec.2) The chief executive must not grant the permit unless the chief executive is satisfied— the flying-fox is causing, or may cause, damage to crops; and the landholder of the land on which the flying-fox is causing, or may cause, damage has made a reasonable attempt to take action, to prevent or control the damage, stated in the flying-fox damage mitigation code; and the landholder may suffer significant economic loss of the kind stated in the flying-fox damage mitigation code if the damage is not prevented or controlled; and the landholder is a commercial crop grower for the land; and action under the permit would not adversely affect the survival of the species of flying-fox in the wild; and the proposed way of taking the flying-fox complies with the flying-fox damage mitigation code; and the proposed way of dealing with the flying-fox after the flying-fox has been taken complies with the flying-fox damage mitigation code; and the landholder holds, or has held— a damage mitigation permit for a purpose mentioned in section 162 (1) (a) for a flying-fox; or a damage mitigation permit for taking a flying-fox for a reason mentioned in the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 185 (2) , granted under that regulation and the repealed Nature Conservation (Administration) Regulation 2017 .\n(sec.164-ssec.3) Also, the chief executive must not grant the permit if— the permit would authorise the taking of a flying-fox of a particular species in a particular financial year; and the total permit number for the species for the financial year has reached the maximum permit number for the species.\n(sec.164-ssec.4) In this section— commercial crop grower , for land, means a person carrying on a business of growing a crop for commercial gain, other than an incidental use of the land. maximum permit number , for a species of flying-fox, means the number of flying-foxes of that species that the flying-fox damage mitigation code states is the maximum number of flying-foxes of that species that may be taken in a financial year under damage mitigation permits. total permit number , for a species of flying-fox for a financial year, means the total number of flying-fox of that species for which damage mitigation permits for taking flying-foxes have been granted under the Act in the financial year.\n- (a) the flying-fox is causing, or may cause, damage to crops; and\n- (b) the landholder of the land on which the flying-fox is causing, or may cause, damage has made a reasonable attempt to take action, to prevent or control the damage, stated in the flying-fox damage mitigation code; and\n- (c) the landholder may suffer significant economic loss of the kind stated in the flying-fox damage mitigation code if the damage is not prevented or controlled; and\n- (d) the landholder is a commercial crop grower for the land; and\n- (e) action under the permit would not adversely affect the survival of the species of flying-fox in the wild; and\n- (f) the proposed way of taking the flying-fox complies with the flying-fox damage mitigation code; and\n- (g) the proposed way of dealing with the flying-fox after the flying-fox has been taken complies with the flying-fox damage mitigation code; and\n- (h) the landholder holds, or has held— (i) a damage mitigation permit for a purpose mentioned in section 162 (1) (a) for a flying-fox; or (ii) a damage mitigation permit for taking a flying-fox for a reason mentioned in the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 185 (2) , granted under that regulation and the repealed Nature Conservation (Administration) Regulation 2017 .\n- (i) a damage mitigation permit for a purpose mentioned in section 162 (1) (a) for a flying-fox; or\n- (ii) a damage mitigation permit for taking a flying-fox for a reason mentioned in the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 185 (2) , granted under that regulation and the repealed Nature Conservation (Administration) Regulation 2017 .\n- (i) a damage mitigation permit for a purpose mentioned in section 162 (1) (a) for a flying-fox; or\n- (ii) a damage mitigation permit for taking a flying-fox for a reason mentioned in the repealed Nature Conservation (Wildlife Management) Regulation 2006 , section 185 (2) , granted under that regulation and the repealed Nature Conservation (Administration) Regulation 2017 .\n- (a) the permit would authorise the taking of a flying-fox of a particular species in a particular financial year; and\n- (b) the total permit number for the species for the financial year has reached the maximum permit number for the species.","sortOrder":252},{"sectionNumber":"sec.165","sectionType":"section","heading":"Restrictions on grant of permit to prevent or minimise threat to health or wellbeing","content":"### sec.165 Restrictions on grant of permit to prevent or minimise threat to health or wellbeing\n\nThis section applies in relation to a damage mitigation permit for a purpose mentioned in section 162 (1) (b) for an animal.\nThe chief executive must not grant the permit unless the chief executive is satisfied—\nthere is, or may be, a threat to a person’s health or wellbeing resulting from harm caused by the animal to the person; and\naction under the permit is unlikely to detrimentally affect the survival of the animal in the wild; and\nthe proposed way of taking the animal is humane; and\nif the animal is a protected reptile—\nthe reptile would be released into the wild; or\na conservation plan applying to the reptile would authorise a person who holds the permit to keep the reptile.\n(sec.165-ssec.1) This section applies in relation to a damage mitigation permit for a purpose mentioned in section 162 (1) (b) for an animal.\n(sec.165-ssec.2) The chief executive must not grant the permit unless the chief executive is satisfied— there is, or may be, a threat to a person’s health or wellbeing resulting from harm caused by the animal to the person; and action under the permit is unlikely to detrimentally affect the survival of the animal in the wild; and the proposed way of taking the animal is humane; and if the animal is a protected reptile— the reptile would be released into the wild; or a conservation plan applying to the reptile would authorise a person who holds the permit to keep the reptile.\n- (a) there is, or may be, a threat to a person’s health or wellbeing resulting from harm caused by the animal to the person; and\n- (b) action under the permit is unlikely to detrimentally affect the survival of the animal in the wild; and\n- (c) the proposed way of taking the animal is humane; and\n- (d) if the animal is a protected reptile— (i) the reptile would be released into the wild; or (ii) a conservation plan applying to the reptile would authorise a person who holds the permit to keep the reptile.\n- (i) the reptile would be released into the wild; or\n- (ii) a conservation plan applying to the reptile would authorise a person who holds the permit to keep the reptile.\n- (i) the reptile would be released into the wild; or\n- (ii) a conservation plan applying to the reptile would authorise a person who holds the permit to keep the reptile.","sortOrder":253},{"sectionNumber":"ch.4-pt.10-div.2","sectionType":"division","heading":"Activities authorised under permit","content":"## Activities authorised under permit","sortOrder":254},{"sectionNumber":"sec.166","sectionType":"section","heading":"Taking animals","content":"### sec.166 Taking animals\n\nThe holder of a damage mitigation permit, or a relevant person for the holder, may take an authorised animal at the place stated for the animal on the permit.\nSee also section 171 .","sortOrder":255},{"sectionNumber":"sec.167","sectionType":"section","heading":"Killing dependent flying-foxes","content":"### sec.167 Killing dependent flying-foxes\n\nThis section applies in relation to a damage mitigation permit for taking a flying-fox.\nThe holder of the permit, or a relevant person for the holder, may kill another flying-fox if—\nthe other flying-fox is attached to a female flying-fox that has been taken under the permit; or\nthe other flying-fox—\nhas been separated from a female flying-fox to which it was attached or upon which it was otherwise dependent; and\nis at the place stated in the permit from where a flying-fox may be taken.\nSee also section 171 .\ns 167 amd 2023 SL No. 77 s 10 ; 2025 SL No. 154 s 5\n(sec.167-ssec.1) This section applies in relation to a damage mitigation permit for taking a flying-fox.\n(sec.167-ssec.2) The holder of the permit, or a relevant person for the holder, may kill another flying-fox if— the other flying-fox is attached to a female flying-fox that has been taken under the permit; or the other flying-fox— has been separated from a female flying-fox to which it was attached or upon which it was otherwise dependent; and is at the place stated in the permit from where a flying-fox may be taken. See also section 171 .\n- (a) the other flying-fox is attached to a female flying-fox that has been taken under the permit; or\n- (b) the other flying-fox— (i) has been separated from a female flying-fox to which it was attached or upon which it was otherwise dependent; and (ii) is at the place stated in the permit from where a flying-fox may be taken.\n- (i) has been separated from a female flying-fox to which it was attached or upon which it was otherwise dependent; and\n- (ii) is at the place stated in the permit from where a flying-fox may be taken.\n- (i) has been separated from a female flying-fox to which it was attached or upon which it was otherwise dependent; and\n- (ii) is at the place stated in the permit from where a flying-fox may be taken.","sortOrder":256},{"sectionNumber":"sec.168","sectionType":"section","heading":"Releasing animals","content":"### sec.168 Releasing animals\n\nThis section applies in relation to a damage mitigation permit for releasing an authorised animal taken under the permit.\nThe holder of the permit, or a relevant person for the holder, may carry out any of the following activities—\nkeep the animal for releasing the animal;\nrelease the animal into a prescribed natural habitat for the animal.\n(sec.168-ssec.1) This section applies in relation to a damage mitigation permit for releasing an authorised animal taken under the permit.\n(sec.168-ssec.2) The holder of the permit, or a relevant person for the holder, may carry out any of the following activities— keep the animal for releasing the animal; release the animal into a prescribed natural habitat for the animal.\n- (a) keep the animal for releasing the animal;\n- (b) release the animal into a prescribed natural habitat for the animal.","sortOrder":257},{"sectionNumber":"sec.169","sectionType":"section","heading":"Dealing with animal breeding place","content":"### sec.169 Dealing with animal breeding place\n\nThis section applies in relation to a damage mitigation permit for removing or otherwise dealing with an animal breeding place used by an authorised animal.\nThe holder of the permit, or a relevant person for the holder, may remove the animal breeding place or deal with the place in the way stated in the permit.\n(sec.169-ssec.1) This section applies in relation to a damage mitigation permit for removing or otherwise dealing with an animal breeding place used by an authorised animal.\n(sec.169-ssec.2) The holder of the permit, or a relevant person for the holder, may remove the animal breeding place or deal with the place in the way stated in the permit.","sortOrder":258},{"sectionNumber":"ch.4-pt.10-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":259},{"sectionNumber":"sec.170","sectionType":"section","heading":"Purpose of division","content":"### sec.170 Purpose of division\n\nThis division states conditions that apply to all damage mitigation permits.\nFailure to comply with a condition of an animal authority is an offence under section 318 .\nAlso, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\nThis division does not limit any other condition the chief executive may impose on a damage mitigation permit.\nFor the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n(sec.170-ssec.1) This division states conditions that apply to all damage mitigation permits. Failure to comply with a condition of an animal authority is an offence under section 318 . Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\n(sec.170-ssec.2) This division does not limit any other condition the chief executive may impose on a damage mitigation permit. For the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n- 1 Failure to comply with a condition of an animal authority is an offence under section 318 .\n- 2 Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.","sortOrder":260},{"sectionNumber":"sec.171","sectionType":"section","heading":"Way animals to be taken","content":"### sec.171 Way animals to be taken\n\nThe holder of a damage mitigation permit, or a relevant person for the holder, may take an authorised animal only—\nin a way that causes minimal damage and disturbance to other wildlife and the environment; and\nby using—\nif a method for taking the animal is stated in the permit—the stated method; or\notherwise—another method that is humane.\nHowever, if the authorised animal is a flying-fox, the holder or relevant person must not shoot the flying-fox.\nThis section does not apply in relation to a damage mitigation permit for a purpose mentioned in section 162 (1) (a) for a flying-fox.\ns 171 sub 2023 SL No. 77 s 11\namd 2025 SL No. 154 s 6\n(sec.171-ssec.1) The holder of a damage mitigation permit, or a relevant person for the holder, may take an authorised animal only— in a way that causes minimal damage and disturbance to other wildlife and the environment; and by using— if a method for taking the animal is stated in the permit—the stated method; or otherwise—another method that is humane.\n(sec.171-ssec.2) However, if the authorised animal is a flying-fox, the holder or relevant person must not shoot the flying-fox.\n(sec.171-ssec.3) This section does not apply in relation to a damage mitigation permit for a purpose mentioned in section 162 (1) (a) for a flying-fox.\n- (a) in a way that causes minimal damage and disturbance to other wildlife and the environment; and\n- (b) by using— (i) if a method for taking the animal is stated in the permit—the stated method; or (ii) otherwise—another method that is humane.\n- (i) if a method for taking the animal is stated in the permit—the stated method; or\n- (ii) otherwise—another method that is humane.\n- (i) if a method for taking the animal is stated in the permit—the stated method; or\n- (ii) otherwise—another method that is humane.","sortOrder":261},{"sectionNumber":"sec.171A","sectionType":"section","heading":"Way flying-foxes to be taken under damage mitigation permit to prevent damage or loss","content":"### sec.171A Way flying-foxes to be taken under damage mitigation permit to prevent damage or loss\n\nThe holder of a damage mitigation permit for a purpose mentioned in section 162 (1) (a) for a flying-fox, or a relevant person for the holder, may take an authorised animal that is a flying-fox only in a way that complies with the flying-fox damage mitigation code.\ns 171A ins 2023 SL No. 77 s 11\namd 2025 SL No. 154 s 7","sortOrder":262},{"sectionNumber":"sec.172","sectionType":"section","heading":"Return of operations","content":"### sec.172 Return of operations\n\nThe holder of a damage mitigation permit must give the chief executive a return of operations for the permit.\nFor the requirements for returns of operations, see chapter 8 .\nThe holder complies with subsection (1) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.\n(sec.172-ssec.1) The holder of a damage mitigation permit must give the chief executive a return of operations for the permit. For the requirements for returns of operations, see chapter 8 .\n(sec.172-ssec.2) The holder complies with subsection (1) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.","sortOrder":263},{"sectionNumber":"ch.4-pt.11","sectionType":"part","heading":"Flying-fox roost management permits","content":"# Flying-fox roost management permits","sortOrder":264},{"sectionNumber":"ch.4-pt.11-div.1","sectionType":"division","heading":"Grant and restrictions on grant","content":"## Grant and restrictions on grant","sortOrder":265},{"sectionNumber":"sec.173","sectionType":"section","heading":"Grant of permit","content":"### sec.173 Grant of permit\n\nSubject to sections 174 to 176 and chapter 5 , part 2 , the chief executive may grant a flying-fox roost management permit for a flying-fox roost.","sortOrder":266},{"sectionNumber":"sec.174","sectionType":"section","heading":"General restrictions on grant","content":"### sec.174 General restrictions on grant\n\nThe chief executive must not grant a flying-fox roost management permit for a flying-fox roost unless the permit is for—\npreventing damage to, or loss of, property caused, or likely to be caused, by flying-foxes that congregate at the roost; or\nSee also section 175 .\npreventing or minimising a threat, or potential threat, to human health or wellbeing caused by flying-foxes that congregate at the roost.\nSee also section 176 .\nThe chief executive must not grant a flying-fox roost management permit for dealing with a flying-fox roost by using a weapon to an individual who is under 17 years.\n(sec.174-ssec.1) The chief executive must not grant a flying-fox roost management permit for a flying-fox roost unless the permit is for— preventing damage to, or loss of, property caused, or likely to be caused, by flying-foxes that congregate at the roost; or See also section 175 . preventing or minimising a threat, or potential threat, to human health or wellbeing caused by flying-foxes that congregate at the roost. See also section 176 .\n(sec.174-ssec.2) The chief executive must not grant a flying-fox roost management permit for dealing with a flying-fox roost by using a weapon to an individual who is under 17 years.\n- (a) preventing damage to, or loss of, property caused, or likely to be caused, by flying-foxes that congregate at the roost; or Note— See also section 175 .\n- (b) preventing or minimising a threat, or potential threat, to human health or wellbeing caused by flying-foxes that congregate at the roost. Note— See also section 176 .","sortOrder":267},{"sectionNumber":"sec.175","sectionType":"section","heading":"Restrictions on grant of permits to prevent damage or loss","content":"### sec.175 Restrictions on grant of permits to prevent damage or loss\n\nThis section applies in relation to a flying-fox roost management permit for a flying-fox roost considered under section 174 (1) (a) .\nThe chief executive must not grant the permit unless the chief executive is satisfied—\nflying-foxes that congregate at the roost are causing, or may cause, damage; and\nthe landholder of the land on which the flying-foxes are causing, or may cause, damage has made a reasonable attempt to prevent or minimise the damage and the action taken has not prevented or minimised the damage; and\ncovering fruit trees with netting\nmoving cars or equipment to a sheltered location\nif the damage is not prevented or controlled—\npersons may suffer significant economic loss; or\nthe ecological sustainability of nature is likely to be harmed; and\naction under the permit would not adversely affect the survival of flying-foxes in the wild; and\nthe proposed way of taking action under the permit is humane.\n(sec.175-ssec.1) This section applies in relation to a flying-fox roost management permit for a flying-fox roost considered under section 174 (1) (a) .\n(sec.175-ssec.2) The chief executive must not grant the permit unless the chief executive is satisfied— flying-foxes that congregate at the roost are causing, or may cause, damage; and the landholder of the land on which the flying-foxes are causing, or may cause, damage has made a reasonable attempt to prevent or minimise the damage and the action taken has not prevented or minimised the damage; and covering fruit trees with netting moving cars or equipment to a sheltered location if the damage is not prevented or controlled— persons may suffer significant economic loss; or the ecological sustainability of nature is likely to be harmed; and action under the permit would not adversely affect the survival of flying-foxes in the wild; and the proposed way of taking action under the permit is humane.\n- (a) flying-foxes that congregate at the roost are causing, or may cause, damage; and\n- (b) the landholder of the land on which the flying-foxes are causing, or may cause, damage has made a reasonable attempt to prevent or minimise the damage and the action taken has not prevented or minimised the damage; and Examples of reasonable attempts to prevent or minimise damage— • covering fruit trees with netting • moving cars or equipment to a sheltered location\n- • covering fruit trees with netting\n- • moving cars or equipment to a sheltered location\n- (c) if the damage is not prevented or controlled— (i) persons may suffer significant economic loss; or (ii) the ecological sustainability of nature is likely to be harmed; and\n- (i) persons may suffer significant economic loss; or\n- (ii) the ecological sustainability of nature is likely to be harmed; and\n- (d) action under the permit would not adversely affect the survival of flying-foxes in the wild; and\n- (e) the proposed way of taking action under the permit is humane.\n- • covering fruit trees with netting\n- • moving cars or equipment to a sheltered location\n- (i) persons may suffer significant economic loss; or\n- (ii) the ecological sustainability of nature is likely to be harmed; and","sortOrder":268},{"sectionNumber":"sec.176","sectionType":"section","heading":"Restrictions on grant of permits to prevent or minimise threat to health or wellbeing","content":"### sec.176 Restrictions on grant of permits to prevent or minimise threat to health or wellbeing\n\nThis section applies in relation to a flying-fox roost management permit for a flying-fox roost considered under section 174 (1) (b) .\nThe chief executive must not grant the permit unless the chief executive is satisfied—\nthere is, or may be, a threat to a person’s health or wellbeing resulting from harm to the person caused by flying-foxes that congregate at the roost; and\naction under the permit is unlikely to detrimentally affect the survival of flying-foxes in the wild; and\nthe proposed way of taking action under the permit is humane.\ns 176 amd 2023 SL No. 77 s 12\n(sec.176-ssec.1) This section applies in relation to a flying-fox roost management permit for a flying-fox roost considered under section 174 (1) (b) .\n(sec.176-ssec.2) The chief executive must not grant the permit unless the chief executive is satisfied— there is, or may be, a threat to a person’s health or wellbeing resulting from harm to the person caused by flying-foxes that congregate at the roost; and action under the permit is unlikely to detrimentally affect the survival of flying-foxes in the wild; and the proposed way of taking action under the permit is humane.\n- (a) there is, or may be, a threat to a person’s health or wellbeing resulting from harm to the person caused by flying-foxes that congregate at the roost; and\n- (b) action under the permit is unlikely to detrimentally affect the survival of flying-foxes in the wild; and\n- (c) the proposed way of taking action under the permit is humane.","sortOrder":269},{"sectionNumber":"ch.4-pt.11-div.2","sectionType":"division","heading":"Activities authorised under permit","content":"## Activities authorised under permit","sortOrder":270},{"sectionNumber":"sec.177","sectionType":"section","heading":"Destroying etc. of flying-fox roosts","content":"### sec.177 Destroying etc. of flying-fox roosts\n\nThe holder of a flying-fox roost management permit for a flying-fox roost, or a relevant person for the holder, may carry out any of the following activities, to the extent stated in the permit—\ndestroy the roost;\ndrive away, or attempt to drive away, flying-foxes from the roost;\ndisturb flying-foxes in the roost.\n- (a) destroy the roost;\n- (b) drive away, or attempt to drive away, flying-foxes from the roost;\n- (c) disturb flying-foxes in the roost.","sortOrder":271},{"sectionNumber":"ch.4-pt.11-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":272},{"sectionNumber":"sec.178","sectionType":"section","heading":"Purpose of division","content":"### sec.178 Purpose of division\n\nThis division states conditions that apply to all flying-fox roost management permits.\nFailure to comply with a condition of an animal authority is an offence under section 318 .\nAlso, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\nThis division does not limit any other condition the chief executive may impose on a flying-fox roost management permit.\nFor the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n(sec.178-ssec.1) This division states conditions that apply to all flying-fox roost management permits. Failure to comply with a condition of an animal authority is an offence under section 318 . Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\n(sec.178-ssec.2) This division does not limit any other condition the chief executive may impose on a flying-fox roost management permit. For the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n- 1 Failure to comply with a condition of an animal authority is an offence under section 318 .\n- 2 Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.","sortOrder":273},{"sectionNumber":"sec.178A","sectionType":"section","heading":"Way flying-fox roost action to be taken","content":"### sec.178A Way flying-fox roost action to be taken\n\nThe holder of a flying-fox roost management permit, or a relevant person for the holder, may carry out an activity under the permit only in a way that—\ncauses minimal damage and disturbance to other wildlife and the environment; and\nis humane.\ns 178A ins 2023 SL No. 77 s 13\n- (a) causes minimal damage and disturbance to other wildlife and the environment; and\n- (b) is humane.","sortOrder":274},{"sectionNumber":"sec.179","sectionType":"section","heading":"Return of operations","content":"### sec.179 Return of operations\n\nThe holder of a flying-fox roost management permit must give the chief executive a return of operations for the permit.\nFor the requirements for returns of operations, see chapter 8 .\nThe holder complies with subsection (1) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.\n(sec.179-ssec.1) The holder of a flying-fox roost management permit must give the chief executive a return of operations for the permit. For the requirements for returns of operations, see chapter 8 .\n(sec.179-ssec.2) The holder complies with subsection (1) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.","sortOrder":275},{"sectionNumber":"ch.4-pt.12","sectionType":"part","heading":"Educational purposes permits","content":"# Educational purposes permits","sortOrder":276},{"sectionNumber":"ch.4-pt.12-div.1","sectionType":"division","heading":"Grant and restrictions on grant","content":"## Grant and restrictions on grant","sortOrder":277},{"sectionNumber":"sec.180","sectionType":"section","heading":"Grant of permit","content":"### sec.180 Grant of permit\n\nSubject to section 181 and chapter 5 , part 2 , the chief executive may grant an educational purposes permit for a protected animal if the chief executive is satisfied—\nthe animal is proposed to be taken, used or kept under the permit for an educational purpose; and\nthe proposed holder of the permit would not, or does not intend to, gain a financial benefit from taking, keeping or using the animal under the permit.\n- (a) the animal is proposed to be taken, used or kept under the permit for an educational purpose; and\n- (b) the proposed holder of the permit would not, or does not intend to, gain a financial benefit from taking, keeping or using the animal under the permit.","sortOrder":278},{"sectionNumber":"sec.181","sectionType":"section","heading":"Restrictions on grant","content":"### sec.181 Restrictions on grant\n\nThe chief executive must not grant an educational purposes permit for taking an animal by using a weapon to an individual who is under 17 years.\nThe chief executive must not grant an educational purposes permit for an animal to an individual unless the individual—\neither—\nholds a tertiary qualification relevant to the activities proposed to be carried out under the permit; or\nhas demonstrated experience and knowledge in relation to the activities proposed to be carried out under the permit; and\nhas experience in the care and husbandry of the species of the animal.\nThe chief executive must not grant an educational purposes permit to a corporation unless the corporation is an educational institution.\n(sec.181-ssec.1) The chief executive must not grant an educational purposes permit for taking an animal by using a weapon to an individual who is under 17 years.\n(sec.181-ssec.2) The chief executive must not grant an educational purposes permit for an animal to an individual unless the individual— either— holds a tertiary qualification relevant to the activities proposed to be carried out under the permit; or has demonstrated experience and knowledge in relation to the activities proposed to be carried out under the permit; and has experience in the care and husbandry of the species of the animal.\n(sec.181-ssec.3) The chief executive must not grant an educational purposes permit to a corporation unless the corporation is an educational institution.\n- (a) either— (i) holds a tertiary qualification relevant to the activities proposed to be carried out under the permit; or (ii) has demonstrated experience and knowledge in relation to the activities proposed to be carried out under the permit; and\n- (i) holds a tertiary qualification relevant to the activities proposed to be carried out under the permit; or\n- (ii) has demonstrated experience and knowledge in relation to the activities proposed to be carried out under the permit; and\n- (b) has experience in the care and husbandry of the species of the animal.\n- (i) holds a tertiary qualification relevant to the activities proposed to be carried out under the permit; or\n- (ii) has demonstrated experience and knowledge in relation to the activities proposed to be carried out under the permit; and","sortOrder":279},{"sectionNumber":"ch.4-pt.12-div.2","sectionType":"division","heading":"Activities authorised under permit","content":"## Activities authorised under permit","sortOrder":280},{"sectionNumber":"sec.182","sectionType":"section","heading":"Taking, keeping and using animals","content":"### sec.182 Taking, keeping and using animals\n\nThe holder of an educational purposes permit, or a relevant person for the holder, may carry out any of the following activities—\nif taking an authorised animal from a place is stated in the permit—take the authorised animal from the place;\nbuy, accept or receive an authorised animal;\nkeep an authorised animal at the licensed premises for the permit;\notherwise use an authorised animal at the licensed premises for the permit, other than—\nsell or give away the animal; or\nprocess the animal; or\nuse the animal for a commercial purpose.\n- (a) if taking an authorised animal from a place is stated in the permit—take the authorised animal from the place;\n- (b) buy, accept or receive an authorised animal;\n- (c) keep an authorised animal at the licensed premises for the permit;\n- (d) otherwise use an authorised animal at the licensed premises for the permit, other than— (i) sell or give away the animal; or (ii) process the animal; or (iii) use the animal for a commercial purpose.\n- (i) sell or give away the animal; or\n- (ii) process the animal; or\n- (iii) use the animal for a commercial purpose.\n- (i) sell or give away the animal; or\n- (ii) process the animal; or\n- (iii) use the animal for a commercial purpose.","sortOrder":281},{"sectionNumber":"sec.183","sectionType":"section","heading":"Moving animals","content":"### sec.183 Moving animals\n\nThe holder of an educational purposes permit, or a relevant person for the holder, who takes a protected animal under the permit may move the animal from the place where the animal was taken to the licensed premises.\nSee part 2 , division 3 about moving particular animals under authorities.","sortOrder":282},{"sectionNumber":"ch.4-pt.12-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":283},{"sectionNumber":"sec.184","sectionType":"section","heading":"Purpose of division","content":"### sec.184 Purpose of division\n\nThis division states conditions that apply to all educational purposes permits.\nFailure to comply with a condition of an animal authority is an offence under section 318 .\nAlso, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\nThis division does not limit any other condition the chief executive may impose on an educational purposes permit.\nFor the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n(sec.184-ssec.1) This division states conditions that apply to all educational purposes permits. Failure to comply with a condition of an animal authority is an offence under section 318 . Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\n(sec.184-ssec.2) This division does not limit any other condition the chief executive may impose on an educational purposes permit. For the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n- 1 Failure to comply with a condition of an animal authority is an offence under section 318 .\n- 2 Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.","sortOrder":284},{"sectionNumber":"sec.185","sectionType":"section","heading":"Return of operations","content":"### sec.185 Return of operations\n\nThe holder of an educational purposes permit must give the chief executive a return of operations for the permit.\nFor the requirements for returns of operations, see chapter 8 .\nThe holder complies with subsection (1) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.\n(sec.185-ssec.1) The holder of an educational purposes permit must give the chief executive a return of operations for the permit. For the requirements for returns of operations, see chapter 8 .\n(sec.185-ssec.2) The holder complies with subsection (1) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.","sortOrder":285},{"sectionNumber":"ch.4-pt.13","sectionType":"part","heading":"Permits to keep","content":"# Permits to keep","sortOrder":286},{"sectionNumber":"ch.4-pt.13-div.1","sectionType":"division","heading":"Grant and restrictions on grant","content":"## Grant and restrictions on grant","sortOrder":287},{"sectionNumber":"sec.186","sectionType":"section","heading":"Grant of permit","content":"### sec.186 Grant of permit\n\nSubject to sections 187 to 191 and chapter 5 , part 2 , the chief executive may grant a permit to keep for any of the following purposes—\nto keep a protected animal taken under a rehabilitation permit;\nto keep a protected animal that is, or has been, kept by a person who resides or has resided in another State, under a law of the other State;\nto keep a protected animal that was lawfully obtained and kept at a time when it was not a protected animal;\nto temporarily keep a live protected, international or prohibited animal that has been kept under an animal authority, other than a rehabilitation permit, that has ended or is about to end;\nto temporarily keep a protected animal that is being kept under a farming licence at a place other than the authorised premises for keeping the animal under the licence.\ns 186 amd 2022 SL No. 37 s 9\n- (a) to keep a protected animal taken under a rehabilitation permit;\n- (b) to keep a protected animal that is, or has been, kept by a person who resides or has resided in another State, under a law of the other State;\n- (c) to keep a protected animal that was lawfully obtained and kept at a time when it was not a protected animal;\n- (d) to temporarily keep a live protected, international or prohibited animal that has been kept under an animal authority, other than a rehabilitation permit, that has ended or is about to end;\n- (e) to temporarily keep a protected animal that is being kept under a farming licence at a place other than the authorised premises for keeping the animal under the licence.","sortOrder":288},{"sectionNumber":"sec.187","sectionType":"section","heading":"Prohibition on grant of permit for crocodiles","content":"### sec.187 Prohibition on grant of permit for crocodiles\n\nThe chief executive must not grant a permit to keep for an animal that is a member of the family Crocodylidae.","sortOrder":289},{"sectionNumber":"sec.188","sectionType":"section","heading":"Restriction on grant of permit for protected animal taken under rehabilitation permit","content":"### sec.188 Restriction on grant of permit for protected animal taken under rehabilitation permit\n\nThe chief executive must not grant a permit to keep for a purpose mentioned in section 186 (a) for a protected animal, unless—\nthe chief executive is satisfied—\nthe animal would not, or is unlikely to, survive in the wild; and\nthe animal would contribute to the rehabilitation of animals of the same species or closely related species; and\nthe chief executive believes another animal authority, or an exhibited animal authority, would not be more appropriate for keeping the animal; and\nif there is an approved captive breeding program for animals of the same species—the proposed holder of the permit is a participant in the captive breeding program; and\nthe chief executive has notified the holder of the rehabilitation permit, in writing, that the animal must not be returned to the wild.\nSee section 209 for when a holder of a rehabilitation permit must return an animal taken under the permit to the wild.\ns 188 amd 2025 SL No. 42 s 20\n- (a) the chief executive is satisfied— (i) the animal would not, or is unlikely to, survive in the wild; and (ii) the animal would contribute to the rehabilitation of animals of the same species or closely related species; and\n- (i) the animal would not, or is unlikely to, survive in the wild; and\n- (ii) the animal would contribute to the rehabilitation of animals of the same species or closely related species; and\n- (b) the chief executive believes another animal authority, or an exhibited animal authority, would not be more appropriate for keeping the animal; and\n- (c) if there is an approved captive breeding program for animals of the same species—the proposed holder of the permit is a participant in the captive breeding program; and\n- (d) the chief executive has notified the holder of the rehabilitation permit, in writing, that the animal must not be returned to the wild. Note— See section 209 for when a holder of a rehabilitation permit must return an animal taken under the permit to the wild.\n- (i) the animal would not, or is unlikely to, survive in the wild; and\n- (ii) the animal would contribute to the rehabilitation of animals of the same species or closely related species; and","sortOrder":290},{"sectionNumber":"sec.189","sectionType":"section","heading":"Restriction on grant of permit for animal from another State","content":"### sec.189 Restriction on grant of permit for animal from another State\n\nThe chief executive must not grant a person a permit to keep for a protected animal for a purpose mentioned in section 186 (b) , unless—\nthe chief executive is satisfied—\nthe person resides, or intends to reside, in the State; and\nthe person intends to keep the animal for the term of the animal’s natural life; and\nthe person would not unlawfully use the animal; and\nthe chief executive believes another animal authority, or an exhibited animal authority, would not be more appropriate for keeping the animal.\n- (a) the chief executive is satisfied— (i) the person resides, or intends to reside, in the State; and (ii) the person intends to keep the animal for the term of the animal’s natural life; and (iii) the person would not unlawfully use the animal; and\n- (i) the person resides, or intends to reside, in the State; and\n- (ii) the person intends to keep the animal for the term of the animal’s natural life; and\n- (iii) the person would not unlawfully use the animal; and\n- (b) the chief executive believes another animal authority, or an exhibited animal authority, would not be more appropriate for keeping the animal.\n- (i) the person resides, or intends to reside, in the State; and\n- (ii) the person intends to keep the animal for the term of the animal’s natural life; and\n- (iii) the person would not unlawfully use the animal; and","sortOrder":291},{"sectionNumber":"sec.189A","sectionType":"section","heading":"Restriction on grant of permit for animal obtained and kept when not protected","content":"### sec.189A Restriction on grant of permit for animal obtained and kept when not protected\n\nThe chief executive must not grant a person a permit to keep for a protected animal for a purpose mentioned in section 186 (c) , unless—\nthe animal is not a class 1 animal or class 2 animal; and\nthe chief executive is satisfied—\nthe person lawfully obtained and kept the animal at a time when it was not a protected animal; and\nthe person intends to keep the animal for the term of the animal’s natural life; and\nthe person would not unlawfully use the animal; and\nthe chief executive believes another animal authority, or an exhibited animal authority, would not be more appropriate for keeping the animal.\ns 189A ins 2022 SL No. 37 s 10\n- (a) the animal is not a class 1 animal or class 2 animal; and\n- (b) the chief executive is satisfied— (i) the person lawfully obtained and kept the animal at a time when it was not a protected animal; and (ii) the person intends to keep the animal for the term of the animal’s natural life; and (iii) the person would not unlawfully use the animal; and\n- (i) the person lawfully obtained and kept the animal at a time when it was not a protected animal; and\n- (ii) the person intends to keep the animal for the term of the animal’s natural life; and\n- (iii) the person would not unlawfully use the animal; and\n- (c) the chief executive believes another animal authority, or an exhibited animal authority, would not be more appropriate for keeping the animal.\n- (i) the person lawfully obtained and kept the animal at a time when it was not a protected animal; and\n- (ii) the person intends to keep the animal for the term of the animal’s natural life; and\n- (iii) the person would not unlawfully use the animal; and","sortOrder":292},{"sectionNumber":"sec.190","sectionType":"section","heading":"Restriction on grant of permit for protected, international or prohibited animal kept under ended authority","content":"### sec.190 Restriction on grant of permit for protected, international or prohibited animal kept under ended authority\n\nThe chief executive must not grant a person a permit to keep for a live protected, international or prohibited animal for a purpose mentioned in section 186 (d) , unless—\nthe animal is not a class 1 animal or class 2 animal; and\nthe animal is kept, or has been kept, by any person under an animal authority, other than a rehabilitation permit; and\nthe animal authority mentioned in paragraph (b) has ended or is about to end; and\nthe chief executive is satisfied the person would not unlawfully use the animal; and\nthe chief executive believes another animal authority, or an exhibited animal authority, would not be more appropriate for keeping the animal.\ns 190 amd 2022 SL No. 37 s 11\n- (a) the animal is not a class 1 animal or class 2 animal; and\n- (b) the animal is kept, or has been kept, by any person under an animal authority, other than a rehabilitation permit; and\n- (c) the animal authority mentioned in paragraph (b) has ended or is about to end; and\n- (d) the chief executive is satisfied the person would not unlawfully use the animal; and\n- (e) the chief executive believes another animal authority, or an exhibited animal authority, would not be more appropriate for keeping the animal.","sortOrder":293},{"sectionNumber":"sec.191","sectionType":"section","heading":"Restriction on grant of permit to holders of farming licence","content":"### sec.191 Restriction on grant of permit to holders of farming licence\n\nThe chief executive must not grant a person a permit to keep for a protected animal for a purpose mentioned in section 186 (e) , unless—\na farming licence has been granted for the animal and the animal is kept under the licence; and\nthe grant of the permit would authorise the person to keep the animal at a place other than the licensed premises for the farming licence; and\nthe chief executive is satisfied the person would not unlawfully use the animal; and\nthe chief executive believes another animal authority, or an exhibited animal authority, would not be more appropriate for keeping the animal.\ns 191 amd 2022 SL No. 37 s 12\n- (a) a farming licence has been granted for the animal and the animal is kept under the licence; and\n- (b) the grant of the permit would authorise the person to keep the animal at a place other than the licensed premises for the farming licence; and\n- (c) the chief executive is satisfied the person would not unlawfully use the animal; and\n- (d) the chief executive believes another animal authority, or an exhibited animal authority, would not be more appropriate for keeping the animal.","sortOrder":294},{"sectionNumber":"ch.4-pt.13-div.2","sectionType":"division","heading":"Activities authorised under permit","content":"## Activities authorised under permit","sortOrder":295},{"sectionNumber":"sec.192","sectionType":"section","heading":"Keeping animals","content":"### sec.192 Keeping animals\n\nThe holder of a permit to keep may carry out any of the following activities—\nif the permit is for a purpose mentioned in section 186 (a) , (b) or (c) —keep an authorised animal at the licensed premises for the permit;\nif the permit is for a purpose mentioned in section 186 (d) or (e) —keep an authorised animal at the licensed premises for the permit, for the period stated in the permit.\nIf the permit is for only 1 imprinted bird, the holder of the permit may also temporarily keep the bird at any place in the State.\nSubsection (1) (b) does not apply if the animal becomes a class 1 animal or class 2 animal after the grant of the permit.\ns 192 amd 2022 SL No. 37 s 13\n(sec.192-ssec.1) The holder of a permit to keep may carry out any of the following activities— if the permit is for a purpose mentioned in section 186 (a) , (b) or (c) —keep an authorised animal at the licensed premises for the permit; if the permit is for a purpose mentioned in section 186 (d) or (e) —keep an authorised animal at the licensed premises for the permit, for the period stated in the permit.\n(sec.192-ssec.2) If the permit is for only 1 imprinted bird, the holder of the permit may also temporarily keep the bird at any place in the State.\n(sec.192-ssec.3) Subsection (1) (b) does not apply if the animal becomes a class 1 animal or class 2 animal after the grant of the permit.\n- (a) if the permit is for a purpose mentioned in section 186 (a) , (b) or (c) —keep an authorised animal at the licensed premises for the permit;\n- (b) if the permit is for a purpose mentioned in section 186 (d) or (e) —keep an authorised animal at the licensed premises for the permit, for the period stated in the permit.","sortOrder":296},{"sectionNumber":"sec.193","sectionType":"section","heading":"Moving animal to another holder","content":"### sec.193 Moving animal to another holder\n\nThis section applies if—\nthe holder of a permit to keep—\nproposes to dispose of all authorised animals kept by the holder; or\nis no longer able to keep an authorised animal because the holder’s personal circumstances have changed; or\nThe person is no longer able to keep the animal because of the person’s injury, illness or old age.\nThe person is no longer able to keep the animal because the person has moved to a place that does not have the appropriate facilities to keep the animal or is not large enough to keep all the animals the person usually keeps.\nis no longer authorised, or would no longer be authorised, to keep the animal under the permit; and\nthe holder has written approval from the chief executive to give the animal to another person (the other person ) who is—\nthe holder of an animal authority (the other authority ) for the animal; or\na relevant person for the holder of the other authority.\nThe holder may move the animal to the place where the other person intends to keep the animal under the other authority.\nSee also sections 194 and 195 .\nThis section does not authorise the holder to move a prescribed protected animal—\nto another country; or\ninto another State if the movement is, whether directly or indirectly, associated with—\nmoving the animal to another country; or\nselling, giving or moving the animal to a person in another country.\n(sec.193-ssec.1) This section applies if— the holder of a permit to keep— proposes to dispose of all authorised animals kept by the holder; or is no longer able to keep an authorised animal because the holder’s personal circumstances have changed; or The person is no longer able to keep the animal because of the person’s injury, illness or old age. The person is no longer able to keep the animal because the person has moved to a place that does not have the appropriate facilities to keep the animal or is not large enough to keep all the animals the person usually keeps. is no longer authorised, or would no longer be authorised, to keep the animal under the permit; and the holder has written approval from the chief executive to give the animal to another person (the other person ) who is— the holder of an animal authority (the other authority ) for the animal; or a relevant person for the holder of the other authority.\n(sec.193-ssec.2) The holder may move the animal to the place where the other person intends to keep the animal under the other authority. See also sections 194 and 195 .\n(sec.193-ssec.3) This section does not authorise the holder to move a prescribed protected animal— to another country; or into another State if the movement is, whether directly or indirectly, associated with— moving the animal to another country; or selling, giving or moving the animal to a person in another country.\n- (a) the holder of a permit to keep— (i) proposes to dispose of all authorised animals kept by the holder; or (ii) is no longer able to keep an authorised animal because the holder’s personal circumstances have changed; or Examples for subparagraph (ii) — 1 The person is no longer able to keep the animal because of the person’s injury, illness or old age. 2 The person is no longer able to keep the animal because the person has moved to a place that does not have the appropriate facilities to keep the animal or is not large enough to keep all the animals the person usually keeps. (iii) is no longer authorised, or would no longer be authorised, to keep the animal under the permit; and\n- (i) proposes to dispose of all authorised animals kept by the holder; or\n- (ii) is no longer able to keep an authorised animal because the holder’s personal circumstances have changed; or Examples for subparagraph (ii) — 1 The person is no longer able to keep the animal because of the person’s injury, illness or old age. 2 The person is no longer able to keep the animal because the person has moved to a place that does not have the appropriate facilities to keep the animal or is not large enough to keep all the animals the person usually keeps.\n- 1 The person is no longer able to keep the animal because of the person’s injury, illness or old age.\n- 2 The person is no longer able to keep the animal because the person has moved to a place that does not have the appropriate facilities to keep the animal or is not large enough to keep all the animals the person usually keeps.\n- (iii) is no longer authorised, or would no longer be authorised, to keep the animal under the permit; and\n- (b) the holder has written approval from the chief executive to give the animal to another person (the other person ) who is— (i) the holder of an animal authority (the other authority ) for the animal; or (ii) a relevant person for the holder of the other authority.\n- (i) the holder of an animal authority (the other authority ) for the animal; or\n- (ii) a relevant person for the holder of the other authority.\n- (i) proposes to dispose of all authorised animals kept by the holder; or\n- (ii) is no longer able to keep an authorised animal because the holder’s personal circumstances have changed; or Examples for subparagraph (ii) — 1 The person is no longer able to keep the animal because of the person’s injury, illness or old age. 2 The person is no longer able to keep the animal because the person has moved to a place that does not have the appropriate facilities to keep the animal or is not large enough to keep all the animals the person usually keeps.\n- 1 The person is no longer able to keep the animal because of the person’s injury, illness or old age.\n- 2 The person is no longer able to keep the animal because the person has moved to a place that does not have the appropriate facilities to keep the animal or is not large enough to keep all the animals the person usually keeps.\n- (iii) is no longer authorised, or would no longer be authorised, to keep the animal under the permit; and\n- 1 The person is no longer able to keep the animal because of the person’s injury, illness or old age.\n- 2 The person is no longer able to keep the animal because the person has moved to a place that does not have the appropriate facilities to keep the animal or is not large enough to keep all the animals the person usually keeps.\n- (i) the holder of an animal authority (the other authority ) for the animal; or\n- (ii) a relevant person for the holder of the other authority.\n- (a) to another country; or\n- (b) into another State if the movement is, whether directly or indirectly, associated with— (i) moving the animal to another country; or (ii) selling, giving or moving the animal to a person in another country.\n- (i) moving the animal to another country; or\n- (ii) selling, giving or moving the animal to a person in another country.\n- (i) moving the animal to another country; or\n- (ii) selling, giving or moving the animal to a person in another country.","sortOrder":297},{"sectionNumber":"sec.194","sectionType":"section","heading":"Moving animal to zoological institution","content":"### sec.194 Moving animal to zoological institution\n\nThis section applies if the chief executive has asked the holder of a permit to keep to give an authorised animal to a zoological institution for captive breeding.\nThe holder may move the animal to the zoological institution.\nSee also sections 193 and 195 .\n(sec.194-ssec.1) This section applies if the chief executive has asked the holder of a permit to keep to give an authorised animal to a zoological institution for captive breeding.\n(sec.194-ssec.2) The holder may move the animal to the zoological institution. See also sections 193 and 195 .","sortOrder":298},{"sectionNumber":"sec.195","sectionType":"section","heading":"Moving imprinted bird","content":"### sec.195 Moving imprinted bird\n\nThis section applies in relation to a permit to keep for 1 imprinted bird.\nThe holder may move the bird to or from any place within the State.\nSee also sections 193 and 194 .\n(sec.195-ssec.1) This section applies in relation to a permit to keep for 1 imprinted bird.\n(sec.195-ssec.2) The holder may move the bird to or from any place within the State. See also sections 193 and 194 .","sortOrder":299},{"sectionNumber":"ch.4-pt.13-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":300},{"sectionNumber":"sec.196","sectionType":"section","heading":"Purpose of division","content":"### sec.196 Purpose of division\n\nThis division states conditions that apply to all permits to keep.\nFailure to comply with a condition of an animal authority is an offence under section 318 .\nAlso, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\nThis division does not limit any other condition the chief executive may impose on a permit to keep.\nFor the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n(sec.196-ssec.1) This division states conditions that apply to all permits to keep. Failure to comply with a condition of an animal authority is an offence under section 318 . Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\n(sec.196-ssec.2) This division does not limit any other condition the chief executive may impose on a permit to keep. For the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n- 1 Failure to comply with a condition of an animal authority is an offence under section 318 .\n- 2 Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.","sortOrder":301},{"sectionNumber":"sec.197","sectionType":"section","heading":"Breeding animals","content":"### sec.197 Breeding animals\n\nThe holder of a permit to keep who keeps an animal, other than a bird, under the permit must not, without the chief executive’s approval, allow the animal to breed.\nSubsection (3) applies if the holder advises the chief executive that an animal kept under the permit is incapable of breeding because of permanent surgical or chemical sterilisation.\nIf asked by the chief executive, the holder must give the chief executive a certificate from a veterinary surgeon stating the animal is incapable of breeding because of permanent surgical or chemical sterilisation.\n(sec.197-ssec.1) The holder of a permit to keep who keeps an animal, other than a bird, under the permit must not, without the chief executive’s approval, allow the animal to breed.\n(sec.197-ssec.2) Subsection (3) applies if the holder advises the chief executive that an animal kept under the permit is incapable of breeding because of permanent surgical or chemical sterilisation.\n(sec.197-ssec.3) If asked by the chief executive, the holder must give the chief executive a certificate from a veterinary surgeon stating the animal is incapable of breeding because of permanent surgical or chemical sterilisation.","sortOrder":302},{"sectionNumber":"sec.198","sectionType":"section","heading":"Record keeping","content":"### sec.198 Record keeping\n\nThis section applies in relation to a permit to keep if an authorised animal kept under the permit breeds.\nThe holder of the permit must keep a record for the permit.\nFor the requirements for records, see chapter 8 .\nThe holder complies with subsection (2) if a relevant person, or an approved person, for the holder keeps the record for the holder.\n(sec.198-ssec.1) This section applies in relation to a permit to keep if an authorised animal kept under the permit breeds.\n(sec.198-ssec.2) The holder of the permit must keep a record for the permit. For the requirements for records, see chapter 8 .\n(sec.198-ssec.3) The holder complies with subsection (2) if a relevant person, or an approved person, for the holder keeps the record for the holder.","sortOrder":303},{"sectionNumber":"sec.199","sectionType":"section","heading":"Return of operations","content":"### sec.199 Return of operations\n\nThe holder of a permit to keep must give the chief executive a return of operations for the permit.\nFor the requirements for returns of operations, see chapter 8 .\nThe holder complies with subsection (1) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.\n(sec.199-ssec.1) The holder of a permit to keep must give the chief executive a return of operations for the permit. For the requirements for returns of operations, see chapter 8 .\n(sec.199-ssec.2) The holder complies with subsection (1) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.","sortOrder":304},{"sectionNumber":"ch.4-pt.14","sectionType":"part","heading":"Rehabilitation permits","content":"# Rehabilitation permits","sortOrder":305},{"sectionNumber":"ch.4-pt.14-div.1","sectionType":"division","heading":"Grant and restrictions on grant","content":"## Grant and restrictions on grant","sortOrder":306},{"sectionNumber":"sec.200","sectionType":"section","heading":"Grant of permit","content":"### sec.200 Grant of permit\n\nSubject to section 201 and chapter 5 , part 2 , the chief executive may grant a rehabilitation permit for—\na protected animal that is sick, injured or orphaned; or\na protected animal whose habitat has been, or is likely to be, destroyed by human activity or a natural disaster.\n- (a) a protected animal that is sick, injured or orphaned; or\n- (b) a protected animal whose habitat has been, or is likely to be, destroyed by human activity or a natural disaster.","sortOrder":307},{"sectionNumber":"sec.201","sectionType":"section","heading":"Restrictions on grant","content":"### sec.201 Restrictions on grant\n\nThe chief executive must not grant a rehabilitation permit for a protected animal—\nfor a person—unless the chief executive is satisfied the person intends to rehabilitate the animal and return it to a prescribed natural habitat for the animal; or\nfor a voluntary wildlife care association—if the association engages in commercial activities, other than fundraising for the objects of the association.\n- (a) for a person—unless the chief executive is satisfied the person intends to rehabilitate the animal and return it to a prescribed natural habitat for the animal; or\n- (b) for a voluntary wildlife care association—if the association engages in commercial activities, other than fundraising for the objects of the association.","sortOrder":308},{"sectionNumber":"ch.4-pt.14-div.2","sectionType":"division","heading":"Activities authorised under permit","content":"## Activities authorised under permit","sortOrder":309},{"sectionNumber":"sec.202","sectionType":"section","heading":"Obtaining and keeping animals","content":"### sec.202 Obtaining and keeping animals\n\nThe holder of a rehabilitation permit, or a relevant person for the holder, may carry out any of the following activities—\nobtain an authorised animal from the wild if—\nthe animal is sick, injured or orphaned; or\nthe animal’s habitat has been destroyed by human activity or a natural disaster; or\nif stated in the rehabilitation permit—the animal’s habitat will be destroyed by human activity;\nkeep an animal obtained under paragraph (a) at the place of residence of the holder or relevant person.\nThis section does not authorise a relevant person for the holder of a rehabilitation permit to obtain or keep an animal under the permit if the holder instructs the relevant person not to obtain or keep the animal.\nthe holder gives the relevant person a copy of the permit with the animal crossed out\nIn this section—\nobtain , an animal, means—\ntake the animal, other than hunt, shoot, wound, kill, skin, poison, spear, injure or harm the animal; or\naccept the taken animal from another person.\n(sec.202-ssec.1) The holder of a rehabilitation permit, or a relevant person for the holder, may carry out any of the following activities— obtain an authorised animal from the wild if— the animal is sick, injured or orphaned; or the animal’s habitat has been destroyed by human activity or a natural disaster; or if stated in the rehabilitation permit—the animal’s habitat will be destroyed by human activity; keep an animal obtained under paragraph (a) at the place of residence of the holder or relevant person.\n(sec.202-ssec.2) This section does not authorise a relevant person for the holder of a rehabilitation permit to obtain or keep an animal under the permit if the holder instructs the relevant person not to obtain or keep the animal. the holder gives the relevant person a copy of the permit with the animal crossed out\n(sec.202-ssec.3) In this section— obtain , an animal, means— take the animal, other than hunt, shoot, wound, kill, skin, poison, spear, injure or harm the animal; or accept the taken animal from another person.\n- (a) obtain an authorised animal from the wild if— (i) the animal is sick, injured or orphaned; or (ii) the animal’s habitat has been destroyed by human activity or a natural disaster; or (iii) if stated in the rehabilitation permit—the animal’s habitat will be destroyed by human activity;\n- (i) the animal is sick, injured or orphaned; or\n- (ii) the animal’s habitat has been destroyed by human activity or a natural disaster; or\n- (iii) if stated in the rehabilitation permit—the animal’s habitat will be destroyed by human activity;\n- (b) keep an animal obtained under paragraph (a) at the place of residence of the holder or relevant person.\n- (i) the animal is sick, injured or orphaned; or\n- (ii) the animal’s habitat has been destroyed by human activity or a natural disaster; or\n- (iii) if stated in the rehabilitation permit—the animal’s habitat will be destroyed by human activity;\n- (a) take the animal, other than hunt, shoot, wound, kill, skin, poison, spear, injure or harm the animal; or\n- (b) accept the taken animal from another person.","sortOrder":310},{"sectionNumber":"sec.203","sectionType":"section","heading":"Taking and keeping dead animals to feed birds of prey","content":"### sec.203 Taking and keeping dead animals to feed birds of prey\n\nThe holder of a rehabilitation permit, or a relevant person for the holder, may carry out any of the following activities to ensure the wellbeing or maintenance of an authorised animal that is a bird of prey kept under the permit—\ntake a food animal;\nkeep a food animal;\nuse a food animal.\nIn this section—\nbird of prey means a bird of the family Accipitridae, Falconidae or Strigidae.\nfood animal means a dead least concern animal, other than a special native animal.\n(sec.203-ssec.1) The holder of a rehabilitation permit, or a relevant person for the holder, may carry out any of the following activities to ensure the wellbeing or maintenance of an authorised animal that is a bird of prey kept under the permit— take a food animal; keep a food animal; use a food animal.\n(sec.203-ssec.2) In this section— bird of prey means a bird of the family Accipitridae, Falconidae or Strigidae. food animal means a dead least concern animal, other than a special native animal.\n- (a) take a food animal;\n- (b) keep a food animal;\n- (c) use a food animal.","sortOrder":311},{"sectionNumber":"sec.204","sectionType":"section","heading":"Displaying animals","content":"### sec.204 Displaying animals\n\nThis section applies if—\nthe holder of a rehabilitation permit is a voluntary wildlife care association; and\nthe chief executive has given the holder a written approval authorising the holder to display an authorised animal kept under the permit.\nThe holder, or a relevant person for the holder, may display the animal.\nFor subsection (1) (b) , the chief executive may give the written approval only if the chief executive is satisfied—\nthe animal does not have any visible signs of illness or injury; and\nthe purpose of the display is—\nan authorised display purpose; or\nto raise funds to assist in providing care and treatment for animals kept by the holder or relevant person under the rehabilitation permit.\n(sec.204-ssec.1) This section applies if— the holder of a rehabilitation permit is a voluntary wildlife care association; and the chief executive has given the holder a written approval authorising the holder to display an authorised animal kept under the permit.\n(sec.204-ssec.2) The holder, or a relevant person for the holder, may display the animal.\n(sec.204-ssec.3) For subsection (1) (b) , the chief executive may give the written approval only if the chief executive is satisfied— the animal does not have any visible signs of illness or injury; and the purpose of the display is— an authorised display purpose; or to raise funds to assist in providing care and treatment for animals kept by the holder or relevant person under the rehabilitation permit.\n- (a) the holder of a rehabilitation permit is a voluntary wildlife care association; and\n- (b) the chief executive has given the holder a written approval authorising the holder to display an authorised animal kept under the permit.\n- (a) the animal does not have any visible signs of illness or injury; and\n- (b) the purpose of the display is— (i) an authorised display purpose; or (ii) to raise funds to assist in providing care and treatment for animals kept by the holder or relevant person under the rehabilitation permit.\n- (i) an authorised display purpose; or\n- (ii) to raise funds to assist in providing care and treatment for animals kept by the holder or relevant person under the rehabilitation permit.\n- (i) an authorised display purpose; or\n- (ii) to raise funds to assist in providing care and treatment for animals kept by the holder or relevant person under the rehabilitation permit.","sortOrder":312},{"sectionNumber":"sec.205","sectionType":"section","heading":"Releasing animals","content":"### sec.205 Releasing animals\n\nThe holder of a rehabilitation permit, or a relevant person for the holder, may release an authorised animal kept by the holder or relevant person under the permit into a prescribed natural habitat for the animal.\nSee also section 209 .\nSubsection (1) does not apply if the chief executive has given the holder a notice stating that the animal should not be returned to the wild.\n(sec.205-ssec.1) The holder of a rehabilitation permit, or a relevant person for the holder, may release an authorised animal kept by the holder or relevant person under the permit into a prescribed natural habitat for the animal. See also section 209 .\n(sec.205-ssec.2) Subsection (1) does not apply if the chief executive has given the holder a notice stating that the animal should not be returned to the wild.","sortOrder":313},{"sectionNumber":"sec.205A","sectionType":"section","heading":"Giving away biological samples","content":"### sec.205A Giving away biological samples\n\nThe holder of a rehabilitation permit, or a relevant person for the holder, may give away a biological sample taken from a live authorised animal kept under the permit if—\nthe sample was taken from the animal while the animal was being treated or cared for by the holder or relevant person; and\nthe person to whom the sample is given intends to keep and use the sample under section 34 .\ns 205A ins 2021 SL No. 36 s 13\n- (a) the sample was taken from the animal while the animal was being treated or cared for by the holder or relevant person; and\n- (b) the person to whom the sample is given intends to keep and use the sample under section 34 .","sortOrder":314},{"sectionNumber":"sec.206","sectionType":"section","heading":"Moving animals","content":"### sec.206 Moving animals\n\nThe holder of a rehabilitation permit, or a relevant person for the holder, who takes a protected animal under the permit may move the animal from the place where the animal was taken to—\nthe licensed premises; or\nanother authorised premises for the animal.\nSee part 2 , division 3 about moving particular animals under authorities.\nHowever, the holder or relevant person may move the animal into the State under subsection (1) only if it is stated in the permit that the holder or relevant person may bring an animal taken in another State into the State for keeping it in the State.\nThe holder of a rehabilitation permit, or a relevant person for the holder, who keeps a protected animal under the permit may move the animal—\nfrom the place where the animal is kept under the permit to—\na place, within the State, where the holder of another rehabilitation permit is to care for the animal; or\na prescribed natural habitat for the animal; or\nif the chief executive has asked the holder or relevant person to give the animal to another person—the place where the other person intends to keep the animal; or\nif the holder is a volunteer wildlife care association and the chief executive has given the holder a written approval authorising the holder to display an authorised animal kept under the permit—to and from the place where the animal is to be displayed under the permit.\nThis section does not authorise the holder or relevant person to move a prescribed protected animal—\nto another country; or\ninto another State if the movement is, whether directly or indirectly, associated with—\nmoving the animal to another country; or\nselling, giving or moving the animal to a person in another country.\n(sec.206-ssec.1) The holder of a rehabilitation permit, or a relevant person for the holder, who takes a protected animal under the permit may move the animal from the place where the animal was taken to— the licensed premises; or another authorised premises for the animal. See part 2 , division 3 about moving particular animals under authorities.\n(sec.206-ssec.2) However, the holder or relevant person may move the animal into the State under subsection (1) only if it is stated in the permit that the holder or relevant person may bring an animal taken in another State into the State for keeping it in the State.\n(sec.206-ssec.3) The holder of a rehabilitation permit, or a relevant person for the holder, who keeps a protected animal under the permit may move the animal— from the place where the animal is kept under the permit to— a place, within the State, where the holder of another rehabilitation permit is to care for the animal; or a prescribed natural habitat for the animal; or if the chief executive has asked the holder or relevant person to give the animal to another person—the place where the other person intends to keep the animal; or if the holder is a volunteer wildlife care association and the chief executive has given the holder a written approval authorising the holder to display an authorised animal kept under the permit—to and from the place where the animal is to be displayed under the permit.\n(sec.206-ssec.4) This section does not authorise the holder or relevant person to move a prescribed protected animal— to another country; or into another State if the movement is, whether directly or indirectly, associated with— moving the animal to another country; or selling, giving or moving the animal to a person in another country.\n- (a) the licensed premises; or\n- (b) another authorised premises for the animal.\n- (a) from the place where the animal is kept under the permit to— (i) a place, within the State, where the holder of another rehabilitation permit is to care for the animal; or (ii) a prescribed natural habitat for the animal; or (iii) if the chief executive has asked the holder or relevant person to give the animal to another person—the place where the other person intends to keep the animal; or\n- (i) a place, within the State, where the holder of another rehabilitation permit is to care for the animal; or\n- (ii) a prescribed natural habitat for the animal; or\n- (iii) if the chief executive has asked the holder or relevant person to give the animal to another person—the place where the other person intends to keep the animal; or\n- (b) if the holder is a volunteer wildlife care association and the chief executive has given the holder a written approval authorising the holder to display an authorised animal kept under the permit—to and from the place where the animal is to be displayed under the permit.\n- (i) a place, within the State, where the holder of another rehabilitation permit is to care for the animal; or\n- (ii) a prescribed natural habitat for the animal; or\n- (iii) if the chief executive has asked the holder or relevant person to give the animal to another person—the place where the other person intends to keep the animal; or\n- (a) to another country; or\n- (b) into another State if the movement is, whether directly or indirectly, associated with— (i) moving the animal to another country; or (ii) selling, giving or moving the animal to a person in another country.\n- (i) moving the animal to another country; or\n- (ii) selling, giving or moving the animal to a person in another country.\n- (i) moving the animal to another country; or\n- (ii) selling, giving or moving the animal to a person in another country.","sortOrder":315},{"sectionNumber":"ch.4-pt.14-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":316},{"sectionNumber":"sec.207","sectionType":"section","heading":"Purpose of division","content":"### sec.207 Purpose of division\n\nThis division states conditions that apply to all rehabilitation permits.\nFailure to comply with a condition of an animal authority is an offence under section 318 .\nAlso, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\nThis division does not limit any other condition the chief executive may impose on a rehabilitation permit.\nFor the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n(sec.207-ssec.1) This division states conditions that apply to all rehabilitation permits. Failure to comply with a condition of an animal authority is an offence under section 318 . Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\n(sec.207-ssec.2) This division does not limit any other condition the chief executive may impose on a rehabilitation permit. For the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n- 1 Failure to comply with a condition of an animal authority is an offence under section 318 .\n- 2 Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.","sortOrder":317},{"sectionNumber":"sec.208","sectionType":"section","heading":"Way animal must be kept","content":"### sec.208 Way animal must be kept\n\nThe holder of a rehabilitation permit, or a relevant person for the holder, must keep an authorised animal under the permit in a way that is likely to rehabilitate the animal so that it can be returned to the wild.\nA person complies with subsection (1) if the person keeps the animal in a way that complies with the rehabilitation code to the extent the code provides for how an animal should be rehabilitated.\nSubsection (2) does not limit the ways in which a person may otherwise comply with subsection (1) .\nIn this section—\nrehabilitation code means—\nfor a koala—the koala rehabilitation code; or\nfor another animal—the document called ‘Code of practice—care of sick, injured or orphaned protected animals in Queensland’, approved by the chief executive under section 174A of the Act .\ns 208 amd 2023 SL No. 77 s 14\n(sec.208-ssec.1) The holder of a rehabilitation permit, or a relevant person for the holder, must keep an authorised animal under the permit in a way that is likely to rehabilitate the animal so that it can be returned to the wild.\n(sec.208-ssec.2) A person complies with subsection (1) if the person keeps the animal in a way that complies with the rehabilitation code to the extent the code provides for how an animal should be rehabilitated.\n(sec.208-ssec.3) Subsection (2) does not limit the ways in which a person may otherwise comply with subsection (1) .\n(sec.208-ssec.4) In this section— rehabilitation code means— for a koala—the koala rehabilitation code; or for another animal—the document called ‘Code of practice—care of sick, injured or orphaned protected animals in Queensland’, approved by the chief executive under section 174A of the Act . s 208 amd 2023 SL No. 77 s 14\n- (a) for a koala—the koala rehabilitation code; or\n- (b) for another animal—the document called ‘Code of practice—care of sick, injured or orphaned protected animals in Queensland’, approved by the chief executive under section 174A of the Act .","sortOrder":318},{"sectionNumber":"sec.209","sectionType":"section","heading":"When to release animals","content":"### sec.209 When to release animals\n\nThe holder of a rehabilitation permit, or a relevant person for the holder, must release an authorised animal kept under the permit—\nif a day for releasing the animal is stated in the permit—on the stated day; or\notherwise—when the animal is able to live again in the animal’s prescribed natural habitat.\nSubsection (1) does not apply if—\nthe animal dies or escapes; or\nthe chief executive has given the holder a notice stating that the animal should not be returned to the wild.\nSee also the Nature Conservation (Koala) Conservation Plan 2017 , section 16A for an additional condition in relation to releasing a koala under a rehabilitation permit.\ns 209 amd 2023 SL No. 77 s 15\n(sec.209-ssec.1) The holder of a rehabilitation permit, or a relevant person for the holder, must release an authorised animal kept under the permit— if a day for releasing the animal is stated in the permit—on the stated day; or otherwise—when the animal is able to live again in the animal’s prescribed natural habitat.\n(sec.209-ssec.2) Subsection (1) does not apply if— the animal dies or escapes; or the chief executive has given the holder a notice stating that the animal should not be returned to the wild. See also the Nature Conservation (Koala) Conservation Plan 2017 , section 16A for an additional condition in relation to releasing a koala under a rehabilitation permit.\n- (a) if a day for releasing the animal is stated in the permit—on the stated day; or\n- (b) otherwise—when the animal is able to live again in the animal’s prescribed natural habitat.\n- (a) the animal dies or escapes; or\n- (b) the chief executive has given the holder a notice stating that the animal should not be returned to the wild.","sortOrder":319},{"sectionNumber":"sec.210","sectionType":"section","heading":null,"content":"### Section sec.210\n\ns 210 om 2021 SL No. 36 s 14","sortOrder":320},{"sectionNumber":"ch.4-pt.15","sectionType":"part","heading":"Research permits","content":"# Research permits","sortOrder":321},{"sectionNumber":"ch.4-pt.15-div.1","sectionType":"division","heading":"Grant and restrictions on grant","content":"## Grant and restrictions on grant","sortOrder":322},{"sectionNumber":"sec.211","sectionType":"section","heading":"Grant of permit","content":"### sec.211 Grant of permit\n\nSubject to sections 212 to 214 and chapter 5 , part 2 , the chief executive may grant a research permit for a protected, international or prohibited animal for a scientific purpose.\nFor restrictions on the grant of a research permit for koalas, see the Nature Conservation (Koala) Conservation Plan 2017 , section 16 .","sortOrder":323},{"sectionNumber":"sec.212","sectionType":"section","heading":"General restrictions on grant","content":"### sec.212 General restrictions on grant\n\nThe chief executive must not grant a research permit to a person unless—\nthe person is, or is associated with—\na tertiary institution or other similar institution administered by, or under a law of, the Commonwealth or a State; or\nan entity that is involved in scientific research; and\nfor a person associated with the institution or entity—the chief executive is satisfied research to be carried out under the permit is consistent with the requirements of the institution or entity.\nThe chief executive must not grant a research permit to an individual unless the individual—\nis receiving, or has completed, postgraduate training in scientific research relevant to the activities the individual proposes to carry out under the permit; or\nhas achieved a satisfactory level of competence in scientific research relevant to the activities the individual proposes to carry out under the permit.\nThe chief executive must not grant a research permit for taking an animal by using a weapon to an individual who is under 17 years.\n(sec.212-ssec.1) The chief executive must not grant a research permit to a person unless— the person is, or is associated with— a tertiary institution or other similar institution administered by, or under a law of, the Commonwealth or a State; or an entity that is involved in scientific research; and for a person associated with the institution or entity—the chief executive is satisfied research to be carried out under the permit is consistent with the requirements of the institution or entity.\n(sec.212-ssec.2) The chief executive must not grant a research permit to an individual unless the individual— is receiving, or has completed, postgraduate training in scientific research relevant to the activities the individual proposes to carry out under the permit; or has achieved a satisfactory level of competence in scientific research relevant to the activities the individual proposes to carry out under the permit.\n(sec.212-ssec.3) The chief executive must not grant a research permit for taking an animal by using a weapon to an individual who is under 17 years.\n- (a) the person is, or is associated with— (i) a tertiary institution or other similar institution administered by, or under a law of, the Commonwealth or a State; or (ii) an entity that is involved in scientific research; and\n- (i) a tertiary institution or other similar institution administered by, or under a law of, the Commonwealth or a State; or\n- (ii) an entity that is involved in scientific research; and\n- (b) for a person associated with the institution or entity—the chief executive is satisfied research to be carried out under the permit is consistent with the requirements of the institution or entity.\n- (i) a tertiary institution or other similar institution administered by, or under a law of, the Commonwealth or a State; or\n- (ii) an entity that is involved in scientific research; and\n- (a) is receiving, or has completed, postgraduate training in scientific research relevant to the activities the individual proposes to carry out under the permit; or\n- (b) has achieved a satisfactory level of competence in scientific research relevant to the activities the individual proposes to carry out under the permit.","sortOrder":324},{"sectionNumber":"sec.213","sectionType":"section","heading":"Restriction on grant of permit for taking protected animals","content":"### sec.213 Restriction on grant of permit for taking protected animals\n\nThe chief executive must not grant a research permit for a person to take a protected animal unless the chief executive is satisfied—\nthe animal is to be taken, kept or used for research that is likely to make a significant contribution to community knowledge about the matter for which the research is carried out; and\nthe animal would not be taken, kept or used for a commercial purpose; and\nit is necessary to take the animal from the wild, including, for example, because there are no animals of the same species in captivity that are available or appropriate for the research to be carried out under the permit.\n- (a) the animal is to be taken, kept or used for research that is likely to make a significant contribution to community knowledge about the matter for which the research is carried out; and\n- (b) the animal would not be taken, kept or used for a commercial purpose; and\n- (c) it is necessary to take the animal from the wild, including, for example, because there are no animals of the same species in captivity that are available or appropriate for the research to be carried out under the permit.","sortOrder":325},{"sectionNumber":"sec.214","sectionType":"section","heading":"Restriction on grant of permit for particular mammals","content":"### sec.214 Restriction on grant of permit for particular mammals\n\nThe chief executive must not grant a research permit for a whale or dolphin unless the whale or dolphin is to be taken, kept or used for scientific research that has been recommended by—\na scientific advisory committee; or\na person who is recognised in the research community for whales or dolphins as a person who is highly experienced and qualified in scientific research about whales or dolphins.\nIn this section—\nresearch community , for whales or dolphins, means the group of academics in the field of research about whales or dolphins.\nscientific advisory committee means a scientific advisory committee established under section 132 of the Act .\nscientific research , in relation to a whale or dolphin, includes research involving any of the following—\nthe temporary capture of the whale or dolphin;\nattaching a tracking device to the whale or dolphin;\ntaking biological samples from the whale or dolphin;\nthe use of a floating platform for commercial filming of the whale or dolphin;\napproaching the whale or dolphin, at a closer distance than the minimum distance permitted under chapter 6 for the whale or dolphin, to interact with or observe the whale or dolphin.\n(sec.214-ssec.1) The chief executive must not grant a research permit for a whale or dolphin unless the whale or dolphin is to be taken, kept or used for scientific research that has been recommended by— a scientific advisory committee; or a person who is recognised in the research community for whales or dolphins as a person who is highly experienced and qualified in scientific research about whales or dolphins.\n(sec.214-ssec.2) In this section— research community , for whales or dolphins, means the group of academics in the field of research about whales or dolphins. scientific advisory committee means a scientific advisory committee established under section 132 of the Act . scientific research , in relation to a whale or dolphin, includes research involving any of the following— the temporary capture of the whale or dolphin; attaching a tracking device to the whale or dolphin; taking biological samples from the whale or dolphin; the use of a floating platform for commercial filming of the whale or dolphin; approaching the whale or dolphin, at a closer distance than the minimum distance permitted under chapter 6 for the whale or dolphin, to interact with or observe the whale or dolphin.\n- (a) a scientific advisory committee; or\n- (b) a person who is recognised in the research community for whales or dolphins as a person who is highly experienced and qualified in scientific research about whales or dolphins.\n- (a) the temporary capture of the whale or dolphin;\n- (b) attaching a tracking device to the whale or dolphin;\n- (c) taking biological samples from the whale or dolphin;\n- (d) the use of a floating platform for commercial filming of the whale or dolphin;\n- (e) approaching the whale or dolphin, at a closer distance than the minimum distance permitted under chapter 6 for the whale or dolphin, to interact with or observe the whale or dolphin.","sortOrder":326},{"sectionNumber":"ch.4-pt.15-div.2","sectionType":"division","heading":"Activities authorised under permit","content":"## Activities authorised under permit","sortOrder":327},{"sectionNumber":"sec.215","sectionType":"section","heading":"Taking, keeping and using animals","content":"### sec.215 Taking, keeping and using animals\n\nThe holder of a research permit, or a relevant person for the holder, may carry out any of the following activities—\nif taking an authorised animal from a place is stated in the permit—take the authorised animal from the place;\nkeep an authorised animal at the licensed premises for the permit;\nuse an authorised animal, other than for a commercial purpose, at the licensed premises for the permit.\n- (a) if taking an authorised animal from a place is stated in the permit—take the authorised animal from the place;\n- (b) keep an authorised animal at the licensed premises for the permit;\n- (c) use an authorised animal, other than for a commercial purpose, at the licensed premises for the permit.","sortOrder":328},{"sectionNumber":"sec.216","sectionType":"section","heading":"Giving away animals and biological samples","content":"### sec.216 Giving away animals and biological samples\n\nThe holder of a research permit, or a relevant person for the holder, may give away a dead authorised animal kept under the permit to a person who intends to keep and use the animal under section 34 .\nThe holder of a research permit, or a relevant person for the holder, may give away a biological sample taken from a live authorised animal kept under the permit to a person who intends to keep and use the sample under section 34 .\ns 216 sub 2021 SL No. 36 s 15\n(sec.216-ssec.1) The holder of a research permit, or a relevant person for the holder, may give away a dead authorised animal kept under the permit to a person who intends to keep and use the animal under section 34 .\n(sec.216-ssec.2) The holder of a research permit, or a relevant person for the holder, may give away a biological sample taken from a live authorised animal kept under the permit to a person who intends to keep and use the sample under section 34 .","sortOrder":329},{"sectionNumber":"sec.217","sectionType":"section","heading":"Moving animals","content":"### sec.217 Moving animals\n\nThe holder of a research permit, or a relevant person for the holder, who takes a protected animal under the permit may move the animal from the place where the animal was taken to—\nthe licensed premises for the permit; or\nfor a part of a dead authorised animal mentioned in section 216 —another authorised premises for the animal.\nSee part 2 , division 3 about moving particular animals under authorities.\n- (a) the licensed premises for the permit; or\n- (b) for a part of a dead authorised animal mentioned in section 216 —another authorised premises for the animal.","sortOrder":330},{"sectionNumber":"ch.4-pt.15-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":331},{"sectionNumber":"sec.217A","sectionType":"section","heading":"Purpose of division","content":"### sec.217A Purpose of division\n\nThis division states conditions that apply to all research permits.\nFailure to comply with a condition of an animal authority is an offence under section 318 .\nAlso, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\nThis division does not limit any other condition the chief executive may impose on a research permit.\nFor the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\ns 217A ins 2021 SL No. 36 s 16\n(sec.217A-ssec.1) This division states conditions that apply to all research permits. Failure to comply with a condition of an animal authority is an offence under section 318 . Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\n(sec.217A-ssec.2) This division does not limit any other condition the chief executive may impose on a research permit. For the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n- 1 Failure to comply with a condition of an animal authority is an offence under section 318 .\n- 2 Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.","sortOrder":332},{"sectionNumber":"sec.217B","sectionType":"section","heading":"Return of operations","content":"### sec.217B Return of operations\n\nThe holder of a research permit must give the chief executive a return of operations for the permit.\nFor the requirements for returns of operations, see chapter 8 .\nThe holder complies with subsection (1) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.\ns 217B ins 2021 SL No. 36 s 16\n(sec.217B-ssec.1) The holder of a research permit must give the chief executive a return of operations for the permit. For the requirements for returns of operations, see chapter 8 .\n(sec.217B-ssec.2) The holder complies with subsection (1) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.","sortOrder":333},{"sectionNumber":"ch.4-pt.16","sectionType":"part","heading":"Movement permits","content":"# Movement permits","sortOrder":334},{"sectionNumber":"ch.4-pt.16-div.1","sectionType":"division","heading":"Grant and restrictions on grant","content":"## Grant and restrictions on grant","sortOrder":335},{"sectionNumber":"sec.218","sectionType":"section","heading":"Grant of permit","content":"### sec.218 Grant of permit\n\nSubject to sections 219 to 221 and chapter 5 , part 2 , the chief executive may grant a movement permit for a protected animal.","sortOrder":336},{"sectionNumber":"sec.219","sectionType":"section","heading":"General restrictions on grant","content":"### sec.219 General restrictions on grant\n\nThe chief executive must not grant a movement permit for a protected animal unless—\nthe person from whom the animal is to be moved and the person to whom the animal is to be moved are authorised to keep the animal under the Act or a law of another State or country; and\nthe chief executive is satisfied the movement would not—\nrisk the health or safety of humans or livestock; or\nadversely affect the conservation of native wildlife in the State; or\nadversely affect the population in the wild of the animal; and\nthe movement is not prohibited under a conservation plan applying to the animal; and\nthe movement is not otherwise authorised under another provision of the Act .\nIn this section—\nlivestock means alpacas, buffalo, camels, cattle, deer, donkeys, goats, horses, llama, ostriches, peafowl and sheep.\n(sec.219-ssec.1) The chief executive must not grant a movement permit for a protected animal unless— the person from whom the animal is to be moved and the person to whom the animal is to be moved are authorised to keep the animal under the Act or a law of another State or country; and the chief executive is satisfied the movement would not— risk the health or safety of humans or livestock; or adversely affect the conservation of native wildlife in the State; or adversely affect the population in the wild of the animal; and the movement is not prohibited under a conservation plan applying to the animal; and the movement is not otherwise authorised under another provision of the Act .\n(sec.219-ssec.2) In this section— livestock means alpacas, buffalo, camels, cattle, deer, donkeys, goats, horses, llama, ostriches, peafowl and sheep.\n- (a) the person from whom the animal is to be moved and the person to whom the animal is to be moved are authorised to keep the animal under the Act or a law of another State or country; and\n- (b) the chief executive is satisfied the movement would not— (i) risk the health or safety of humans or livestock; or (ii) adversely affect the conservation of native wildlife in the State; or (iii) adversely affect the population in the wild of the animal; and\n- (i) risk the health or safety of humans or livestock; or\n- (ii) adversely affect the conservation of native wildlife in the State; or\n- (iii) adversely affect the population in the wild of the animal; and\n- (c) the movement is not prohibited under a conservation plan applying to the animal; and\n- (d) the movement is not otherwise authorised under another provision of the Act .\n- (i) risk the health or safety of humans or livestock; or\n- (ii) adversely affect the conservation of native wildlife in the State; or\n- (iii) adversely affect the population in the wild of the animal; and","sortOrder":337},{"sectionNumber":"sec.220","sectionType":"section","heading":"Restrictions for movements into or out of the State","content":"### sec.220 Restrictions for movements into or out of the State\n\nThe chief executive must not grant a movement permit for the movement of an animal from another State into the State unless—\nthe movement is permitted under the laws of the other State; and\nthe chief executive is satisfied all approvals required for the movement under the laws of the other State have been, or are likely to be, granted; and\nfor a live marine mammal—the chief executive is satisfied the animal—\nis not a captive bred animal; and\nwould be kept in the State under a rehabilitation permit or a research permit.\nThe chief executive must not grant a movement permit for the movement of an animal from the State to another State unless the chief executive is satisfied all approvals required for the movement under the laws of the other State have been, or are likely to be, granted.\n(sec.220-ssec.1) The chief executive must not grant a movement permit for the movement of an animal from another State into the State unless— the movement is permitted under the laws of the other State; and the chief executive is satisfied all approvals required for the movement under the laws of the other State have been, or are likely to be, granted; and for a live marine mammal—the chief executive is satisfied the animal— is not a captive bred animal; and would be kept in the State under a rehabilitation permit or a research permit.\n(sec.220-ssec.2) The chief executive must not grant a movement permit for the movement of an animal from the State to another State unless the chief executive is satisfied all approvals required for the movement under the laws of the other State have been, or are likely to be, granted.\n- (a) the movement is permitted under the laws of the other State; and\n- (b) the chief executive is satisfied all approvals required for the movement under the laws of the other State have been, or are likely to be, granted; and\n- (c) for a live marine mammal—the chief executive is satisfied the animal— (i) is not a captive bred animal; and (ii) would be kept in the State under a rehabilitation permit or a research permit.\n- (i) is not a captive bred animal; and\n- (ii) would be kept in the State under a rehabilitation permit or a research permit.\n- (i) is not a captive bred animal; and\n- (ii) would be kept in the State under a rehabilitation permit or a research permit.","sortOrder":338},{"sectionNumber":"sec.221","sectionType":"section","heading":"Restrictions for movement of prescribed protected animal","content":"### sec.221 Restrictions for movement of prescribed protected animal\n\nThis section applies if a person applies for a movement permit to move a prescribed protected animal from a place in the State to—\nanother place in the State; or\nanother State.\nThis chief executive must not grant the permit unless—\nthe chief executive is satisfied the movement is not for moving the animal to another country; or\nthe movement is for moving the animal to another country and all of the following apply—\nthe animal has been bred in captivity or the chief executive believes the animal, if released into the wild, is unlikely to survive because it suffers from the behavioural disorder known as human imprinting;\nthe chief executive is satisfied moving the animal to the other country would not adversely affect the viability of populations of animals of the same species that are kept in zoos in the State;\nthe chief executive is satisfied all export permits required to move the animal to the other country have been, or are likely to be, granted;\nan approved electromagnetic implant has been inserted into the animal and the chief executive has been given a notice stating the identification code for the implant.\nIn this section—\nmoving , an animal to another country, includes selling or giving the animal to a person in another country.\n(sec.221-ssec.1) This section applies if a person applies for a movement permit to move a prescribed protected animal from a place in the State to— another place in the State; or another State.\n(sec.221-ssec.2) This chief executive must not grant the permit unless— the chief executive is satisfied the movement is not for moving the animal to another country; or the movement is for moving the animal to another country and all of the following apply— the animal has been bred in captivity or the chief executive believes the animal, if released into the wild, is unlikely to survive because it suffers from the behavioural disorder known as human imprinting; the chief executive is satisfied moving the animal to the other country would not adversely affect the viability of populations of animals of the same species that are kept in zoos in the State; the chief executive is satisfied all export permits required to move the animal to the other country have been, or are likely to be, granted; an approved electromagnetic implant has been inserted into the animal and the chief executive has been given a notice stating the identification code for the implant.\n(sec.221-ssec.3) In this section— moving , an animal to another country, includes selling or giving the animal to a person in another country.\n- (a) another place in the State; or\n- (b) another State.\n- (a) the chief executive is satisfied the movement is not for moving the animal to another country; or\n- (b) the movement is for moving the animal to another country and all of the following apply— (i) the animal has been bred in captivity or the chief executive believes the animal, if released into the wild, is unlikely to survive because it suffers from the behavioural disorder known as human imprinting; (ii) the chief executive is satisfied moving the animal to the other country would not adversely affect the viability of populations of animals of the same species that are kept in zoos in the State; (iii) the chief executive is satisfied all export permits required to move the animal to the other country have been, or are likely to be, granted; (iv) an approved electromagnetic implant has been inserted into the animal and the chief executive has been given a notice stating the identification code for the implant.\n- (i) the animal has been bred in captivity or the chief executive believes the animal, if released into the wild, is unlikely to survive because it suffers from the behavioural disorder known as human imprinting;\n- (ii) the chief executive is satisfied moving the animal to the other country would not adversely affect the viability of populations of animals of the same species that are kept in zoos in the State;\n- (iii) the chief executive is satisfied all export permits required to move the animal to the other country have been, or are likely to be, granted;\n- (iv) an approved electromagnetic implant has been inserted into the animal and the chief executive has been given a notice stating the identification code for the implant.\n- (i) the animal has been bred in captivity or the chief executive believes the animal, if released into the wild, is unlikely to survive because it suffers from the behavioural disorder known as human imprinting;\n- (ii) the chief executive is satisfied moving the animal to the other country would not adversely affect the viability of populations of animals of the same species that are kept in zoos in the State;\n- (iii) the chief executive is satisfied all export permits required to move the animal to the other country have been, or are likely to be, granted;\n- (iv) an approved electromagnetic implant has been inserted into the animal and the chief executive has been given a notice stating the identification code for the implant.","sortOrder":339},{"sectionNumber":"ch.4-pt.16-div.2","sectionType":"division","heading":"Activities authorised under permit","content":"## Activities authorised under permit","sortOrder":340},{"sectionNumber":"sec.222","sectionType":"section","heading":"Moving animals","content":"### sec.222 Moving animals\n\nThe holder of a movement permit, or a relevant person for the holder, may move an authorised animal from and to the places stated in the permit.\nSee part 2 , division 3 about moving particular animals under authorities.\nHowever, subsection (1) authorises the holder or relevant person to make only 1 movement under the permit.\n(sec.222-ssec.1) The holder of a movement permit, or a relevant person for the holder, may move an authorised animal from and to the places stated in the permit. See part 2 , division 3 about moving particular animals under authorities.\n(sec.222-ssec.2) However, subsection (1) authorises the holder or relevant person to make only 1 movement under the permit.","sortOrder":341},{"sectionNumber":"ch.4-pt.17","sectionType":"part","heading":"Least concern animal collection authorities","content":"# Least concern animal collection authorities","sortOrder":342},{"sectionNumber":"ch.4-pt.17-div.1","sectionType":"division","heading":"Grant and restrictions on grant","content":"## Grant and restrictions on grant","sortOrder":343},{"sectionNumber":"sec.223","sectionType":"section","heading":"Grant of authority","content":"### sec.223 Grant of authority\n\nSubject to section 224 and chapter 5 , part 2 , the chief executive may grant a least concern animal collection authority for a dead least concern animal.","sortOrder":344},{"sectionNumber":"sec.224","sectionType":"section","heading":"Restriction on grant","content":"### sec.224 Restriction on grant\n\nThe chief executive must not grant a least concern animal collection authority for a dead least concern animal unless—\nthe chief executive is satisfied the animal would not be taken, kept or used for a commercial purpose, other than a commercial art purpose; and\nthe chief executive believes another animal authority would not be more appropriate for taking, keeping or using the animal.\nIn this section—\ncommercial art purpose —\nmeans creating a work of art for the purpose of selling it; but\ndoes not include creating a work of art by processing an animal, or part of an animal, to show the animal’s original physical form or structure.\ncreating an articulated skeleton or a taxidermy mount\ns 224 amd 2022 SL No. 166 s 6\n(sec.224-ssec.1) The chief executive must not grant a least concern animal collection authority for a dead least concern animal unless— the chief executive is satisfied the animal would not be taken, kept or used for a commercial purpose, other than a commercial art purpose; and the chief executive believes another animal authority would not be more appropriate for taking, keeping or using the animal.\n(sec.224-ssec.2) In this section— commercial art purpose — means creating a work of art for the purpose of selling it; but does not include creating a work of art by processing an animal, or part of an animal, to show the animal’s original physical form or structure. creating an articulated skeleton or a taxidermy mount\n- (a) the chief executive is satisfied the animal would not be taken, kept or used for a commercial purpose, other than a commercial art purpose; and\n- (b) the chief executive believes another animal authority would not be more appropriate for taking, keeping or using the animal.\n- (a) means creating a work of art for the purpose of selling it; but\n- (b) does not include creating a work of art by processing an animal, or part of an animal, to show the animal’s original physical form or structure. Examples for paragraph (b) — creating an articulated skeleton or a taxidermy mount","sortOrder":345},{"sectionNumber":"ch.4-pt.17-div.2","sectionType":"division","heading":"Activities authorised under authority","content":"## Activities authorised under authority","sortOrder":346},{"sectionNumber":"sec.225","sectionType":"section","heading":"Taking and keeping animals","content":"### sec.225 Taking and keeping animals\n\nThe holder of a least concern animal collection authority may carry out any of the following activities—\ntake an authorised animal, other than for a commercial purpose;\nkeep an authorised animal at the licensed premises for the authority, other than for a commercial purpose;\nuse an authorised animal at the licensed premises for the authority, other than for a commercial purpose.\n- (a) take an authorised animal, other than for a commercial purpose;\n- (b) keep an authorised animal at the licensed premises for the authority, other than for a commercial purpose;\n- (c) use an authorised animal at the licensed premises for the authority, other than for a commercial purpose.","sortOrder":347},{"sectionNumber":"sec.226","sectionType":"section","heading":"Moving animals","content":"### sec.226 Moving animals\n\nThe holder of a least concern animal collection authority, or a relevant person for the holder, may move an authorised animal from any place in the State to the licensed premises for the authority.\nSee part 2 , division 3 about moving particular animals under authorities.","sortOrder":348},{"sectionNumber":"ch.4-pt.17-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":349},{"sectionNumber":"sec.227","sectionType":"section","heading":"Purpose of division","content":"### sec.227 Purpose of division\n\nThis division states conditions that apply to all least concern animal collection authorities.\nFailure to comply with a condition of an animal authority is an offence under section 318 .\nAlso, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\nThis division does not limit any other condition the chief executive may impose on a least concern animal collection authority.\nFor the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n(sec.227-ssec.1) This division states conditions that apply to all least concern animal collection authorities. Failure to comply with a condition of an animal authority is an offence under section 318 . Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\n(sec.227-ssec.2) This division does not limit any other condition the chief executive may impose on a least concern animal collection authority. For the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n- 1 Failure to comply with a condition of an animal authority is an offence under section 318 .\n- 2 Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.","sortOrder":350},{"sectionNumber":"sec.228","sectionType":"section","heading":"Return of operations","content":"### sec.228 Return of operations\n\nThe holder of a least concern animal collection authority must give the chief executive a return of operations for the authority.\nFor the requirements for returns of operations, see chapter 8 .\nThe holder complies with subsection (1) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.\n(sec.228-ssec.1) The holder of a least concern animal collection authority must give the chief executive a return of operations for the authority. For the requirements for returns of operations, see chapter 8 .\n(sec.228-ssec.2) The holder complies with subsection (1) if a relevant person, or an approved person, for the holder gives the return to the chief executive for the holder.","sortOrder":351},{"sectionNumber":"ch.4-pt.18","sectionType":"part","heading":"Dead animal collection authorities","content":"# Dead animal collection authorities","sortOrder":352},{"sectionNumber":"ch.4-pt.18-div.1","sectionType":"division","heading":"Grant and restrictions on grant","content":"## Grant and restrictions on grant","sortOrder":353},{"sectionNumber":"sec.229","sectionType":"section","heading":"Grant of authority","content":"### sec.229 Grant of authority\n\nSubject to section 230 and chapter 5 , part 2 , the chief executive may grant a dead animal collection authority for a dead protected animal.","sortOrder":354},{"sectionNumber":"sec.230","sectionType":"section","heading":"Restriction on grant","content":"### sec.230 Restriction on grant\n\nThe chief executive must not grant a dead animal collection authority for an animal to a person unless the chief executive is satisfied—\nthe animal would not be kept or used for a commercial purpose; and\nthe person intends to keep the animal under the authority as part of a collection of dead animals.\n- (a) the animal would not be kept or used for a commercial purpose; and\n- (b) the person intends to keep the animal under the authority as part of a collection of dead animals.","sortOrder":355},{"sectionNumber":"ch.4-pt.18-div.2","sectionType":"division","heading":"Activities authorised under authority","content":"## Activities authorised under authority","sortOrder":356},{"sectionNumber":"sec.231","sectionType":"section","heading":"Keeping and using animals","content":"### sec.231 Keeping and using animals\n\nThe holder of a dead animal collection authority may carry out any of the following activities—\nbuy, accept or receive an authorised animal from a person authorised to sell or give away the animal under the Act ;\nkeep an authorised animal at the licensed premises for the authority;\notherwise use an authorised animal for teaching or training, whether or not at an educational institution.\nHowever, subsection (1) does not authorise the holder to keep or use an authorised animal for a commercial purpose.\ns 231 amd 2021 SL No. 36 s 17\n(sec.231-ssec.1) The holder of a dead animal collection authority may carry out any of the following activities— buy, accept or receive an authorised animal from a person authorised to sell or give away the animal under the Act ; keep an authorised animal at the licensed premises for the authority; otherwise use an authorised animal for teaching or training, whether or not at an educational institution.\n(sec.231-ssec.2) However, subsection (1) does not authorise the holder to keep or use an authorised animal for a commercial purpose.\n- (a) buy, accept or receive an authorised animal from a person authorised to sell or give away the animal under the Act ;\n- (b) keep an authorised animal at the licensed premises for the authority;\n- (c) otherwise use an authorised animal for teaching or training, whether or not at an educational institution.","sortOrder":357},{"sectionNumber":"ch.4-pt.18-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":358},{"sectionNumber":"sec.232","sectionType":"section","heading":"Purpose of division","content":"### sec.232 Purpose of division\n\nThis division states conditions that apply to all dead animal collection authorities.\nFailure to comply with a condition of an animal authority is an offence under section 318 .\nAlso, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\nThis division does not limit any other condition the chief executive may impose on a dead animal collection authority.\nFor the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n(sec.232-ssec.1) This division states conditions that apply to all dead animal collection authorities. Failure to comply with a condition of an animal authority is an offence under section 318 . Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.\n(sec.232-ssec.2) This division does not limit any other condition the chief executive may impose on a dead animal collection authority. For the power of the chief executive to impose conditions on an animal authority, see sections 244 , 246 , 247 and 260 .\n- 1 Failure to comply with a condition of an animal authority is an offence under section 318 .\n- 2 Also, under chapter 5 , part 6 , failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.","sortOrder":359},{"sectionNumber":"sec.233","sectionType":"section","heading":"Record keeping","content":"### sec.233 Record keeping\n\nThe holder of a dead animal collection authority must keep a record for the authority.\nFor the requirements for records, see chapter 8 .\nThe holder complies with subsection (1) if a relevant person, or an approved person, for the holder keeps the record for the holder.\n(sec.233-ssec.1) The holder of a dead animal collection authority must keep a record for the authority. For the requirements for records, see chapter 8 .\n(sec.233-ssec.2) The holder complies with subsection (1) if a relevant person, or an approved person, for the holder keeps the record for the holder.","sortOrder":360},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Automatic issue of prescribed animal authorities","content":"# Automatic issue of prescribed animal authorities","sortOrder":361},{"sectionNumber":"sec.234","sectionType":"section","heading":"Application and purpose of part","content":"### sec.234 Application and purpose of part\n\nThis part applies in relation to an animal authority (a prescribed authority ) that is prescribed, for section 143B (1) (a) of the Act , as a type of relevant authority that may be automatically issued to a person by the operation of the authority management system.\nSee also sections 88A (1) , 99A (1) and 112A (1) .\nFor section 143B (1) (c) of the Act , this part prescribes the way in which a prescribed authority may be automatically issued to a person by the operation of the authority management system.\ns 234 sub 2025 SL No. 125 s 10\n(sec.234-ssec.1) This part applies in relation to an animal authority (a prescribed authority ) that is prescribed, for section 143B (1) (a) of the Act , as a type of relevant authority that may be automatically issued to a person by the operation of the authority management system. See also sections 88A (1) , 99A (1) and 112A (1) .\n(sec.234-ssec.2) For section 143B (1) (c) of the Act , this part prescribes the way in which a prescribed authority may be automatically issued to a person by the operation of the authority management system.","sortOrder":362},{"sectionNumber":"sec.235","sectionType":"section","heading":"Making applications","content":"### sec.235 Making applications\n\nA person may apply for a prescribed authority to be issued to the person by the operation of the authority management system.\nThe application must—\nbe made using the authority management system; and\nstate the applicant particulars; and\nbe accompanied by the prescribed fee for the application.\nThe application may be accompanied by a request for a record book under section 343 .\ns 235 sub 2025 SL No. 125 s 10\n(sec.235-ssec.1) A person may apply for a prescribed authority to be issued to the person by the operation of the authority management system.\n(sec.235-ssec.2) The application must— be made using the authority management system; and state the applicant particulars; and be accompanied by the prescribed fee for the application.\n(sec.235-ssec.3) The application may be accompanied by a request for a record book under section 343 .\n- (a) be made using the authority management system; and\n- (b) state the applicant particulars; and\n- (c) be accompanied by the prescribed fee for the application.","sortOrder":363},{"sectionNumber":"sec.236","sectionType":"section","heading":"Automatic issue of authorities","content":"### sec.236 Automatic issue of authorities\n\nA prescribed authority is to be issued automatically by the operation of the authority management system only if—\nthe applicant for the authority states the matters in section 237 ; and\nthe proposed premises is in the State; and\nthe applicant makes all the required declarations; and\nunder chapter 4 , the authority can be automatically issued to the applicant.\nA prescribed authority is issued subject to the conditions applying in relation to the authority under chapter 4 .\ns 236 sub 2025 SL No. 125 s 10\n(sec.236-ssec.1) A prescribed authority is to be issued automatically by the operation of the authority management system only if— the applicant for the authority states the matters in section 237 ; and the proposed premises is in the State; and the applicant makes all the required declarations; and under chapter 4 , the authority can be automatically issued to the applicant.\n(sec.236-ssec.2) A prescribed authority is issued subject to the conditions applying in relation to the authority under chapter 4 .\n- (a) the applicant for the authority states the matters in section 237 ; and\n- (b) the proposed premises is in the State; and\n- (c) the applicant makes all the required declarations; and\n- (d) under chapter 4 , the authority can be automatically issued to the applicant.","sortOrder":364},{"sectionNumber":"sec.237","sectionType":"section","heading":"Matters stated for issue of authorities","content":"### sec.237 Matters stated for issue of authorities\n\nFor section 236 (1) (a) , the matters are—\nif the applicant is a corporation—the applicant has an office in the State; and\nif the applicant is an individual—the applicant is an adult; and\nthat neither the applicant, nor an associate of the applicant, has, within 3 years before the relevant day, been convicted of—\nan offence against the Act ; or\nan animal welfare offence under the Animal Care and Protection Act 2001 ; or\nan offence relating to wildlife, however described—\nunder another Act; or\nunder the law of another jurisdiction; and\nthat neither the applicant, nor an associate of the applicant, has accumulated 10 or more demerit points under section 247D within 3 years before the relevant day; and\nthat neither the applicant, nor an associate of the applicant, has been the holder of an animal authority, or a corresponding authority, that was suspended or cancelled within 3 years before the relevant day; and\nif the applicant holds, or has held, an animal authority (the other authority ) of the same type as the prescribed authority being applied for—neither the applicant, nor a relevant person for the applicant, has failed to comply with a condition of the other authority.\nSubsection (1) (c) does not include an offence for which an infringement notice has been given under the State Penalties Enforcement Act 1999 .\ns 237 sub 2025 SL No. 125 s 10\n(sec.237-ssec.1) For section 236 (1) (a) , the matters are— if the applicant is a corporation—the applicant has an office in the State; and if the applicant is an individual—the applicant is an adult; and that neither the applicant, nor an associate of the applicant, has, within 3 years before the relevant day, been convicted of— an offence against the Act ; or an animal welfare offence under the Animal Care and Protection Act 2001 ; or an offence relating to wildlife, however described— under another Act; or under the law of another jurisdiction; and that neither the applicant, nor an associate of the applicant, has accumulated 10 or more demerit points under section 247D within 3 years before the relevant day; and that neither the applicant, nor an associate of the applicant, has been the holder of an animal authority, or a corresponding authority, that was suspended or cancelled within 3 years before the relevant day; and if the applicant holds, or has held, an animal authority (the other authority ) of the same type as the prescribed authority being applied for—neither the applicant, nor a relevant person for the applicant, has failed to comply with a condition of the other authority.\n(sec.237-ssec.2) Subsection (1) (c) does not include an offence for which an infringement notice has been given under the State Penalties Enforcement Act 1999 .\n- (a) if the applicant is a corporation—the applicant has an office in the State; and\n- (b) if the applicant is an individual—the applicant is an adult; and\n- (c) that neither the applicant, nor an associate of the applicant, has, within 3 years before the relevant day, been convicted of— (i) an offence against the Act ; or (ii) an animal welfare offence under the Animal Care and Protection Act 2001 ; or (iii) an offence relating to wildlife, however described— (A) under another Act; or (B) under the law of another jurisdiction; and\n- (i) an offence against the Act ; or\n- (ii) an animal welfare offence under the Animal Care and Protection Act 2001 ; or\n- (iii) an offence relating to wildlife, however described— (A) under another Act; or (B) under the law of another jurisdiction; and\n- (A) under another Act; or\n- (B) under the law of another jurisdiction; and\n- (d) that neither the applicant, nor an associate of the applicant, has accumulated 10 or more demerit points under section 247D within 3 years before the relevant day; and\n- (e) that neither the applicant, nor an associate of the applicant, has been the holder of an animal authority, or a corresponding authority, that was suspended or cancelled within 3 years before the relevant day; and\n- (f) if the applicant holds, or has held, an animal authority (the other authority ) of the same type as the prescribed authority being applied for—neither the applicant, nor a relevant person for the applicant, has failed to comply with a condition of the other authority.\n- (i) an offence against the Act ; or\n- (ii) an animal welfare offence under the Animal Care and Protection Act 2001 ; or\n- (iii) an offence relating to wildlife, however described— (A) under another Act; or (B) under the law of another jurisdiction; and\n- (A) under another Act; or\n- (B) under the law of another jurisdiction; and\n- (A) under another Act; or\n- (B) under the law of another jurisdiction; and","sortOrder":365},{"sectionNumber":"sec.238","sectionType":"section","heading":"Particular applications to be decided by chief executive","content":"### sec.238 Particular applications to be decided by chief executive\n\nThis section applies if—\na person makes an application for a prescribed authority under section 235 ; and\nthe authority cannot be issued to the person by the operation of the authority management system under section 236 .\nAs soon as practicable after the application is made, the person must be given a notice, whether by the operation of the authority management system or in another way, stating—\nthe prescribed authority cannot be automatically issued to the person; and\nthe application must be decided under part 2 by the chief executive.\nPart 2 applies in relation to the application as if it were made—\nunder section 239 to the chief executive for the grant of the prescribed authority; and\non the day the notice was given to the person under subsection (2) .\nHowever, section 239 (2) does not apply in relation to the application.\ns 238 amd 2023 Act No. 23 s 247 sch 1 s 29\nsub 2025 SL No. 125 s 10\n(sec.238-ssec.1) This section applies if— a person makes an application for a prescribed authority under section 235 ; and the authority cannot be issued to the person by the operation of the authority management system under section 236 .\n(sec.238-ssec.2) As soon as practicable after the application is made, the person must be given a notice, whether by the operation of the authority management system or in another way, stating— the prescribed authority cannot be automatically issued to the person; and the application must be decided under part 2 by the chief executive.\n(sec.238-ssec.3) Part 2 applies in relation to the application as if it were made— under section 239 to the chief executive for the grant of the prescribed authority; and on the day the notice was given to the person under subsection (2) .\n(sec.238-ssec.4) However, section 239 (2) does not apply in relation to the application.\n- (a) a person makes an application for a prescribed authority under section 235 ; and\n- (b) the authority cannot be issued to the person by the operation of the authority management system under section 236 .\n- (a) the prescribed authority cannot be automatically issued to the person; and\n- (b) the application must be decided under part 2 by the chief executive.\n- (a) under section 239 to the chief executive for the grant of the prescribed authority; and\n- (b) on the day the notice was given to the person under subsection (2) .","sortOrder":366},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Grant of animal authorities","content":"# Grant of animal authorities","sortOrder":367},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Making applications","content":"## Making applications","sortOrder":368},{"sectionNumber":"sec.239","sectionType":"section","heading":"Requirements for application","content":"### sec.239 Requirements for application\n\nA person may apply to the chief executive for the grant of an animal authority.\nThe application must—\nbe in the approved form; and\nbe supported by enough information to enable the application to be decided; and\nbe accompanied by the prescribed fee for the application; and\ncomply with any other requirements applying to the application under a conservation plan.\nThe application may be accompanied by a request for a record book, or approval of an electronic record system, under section 343 .\ns 239 sub 2021 SL No. 165 s 8\namd 2022 SL No. 166 s 7\nsub 2025 SL No. 125 s 10\n(sec.239-ssec.1) A person may apply to the chief executive for the grant of an animal authority.\n(sec.239-ssec.2) The application must— be in the approved form; and be supported by enough information to enable the application to be decided; and be accompanied by the prescribed fee for the application; and comply with any other requirements applying to the application under a conservation plan.\n(sec.239-ssec.3) The application may be accompanied by a request for a record book, or approval of an electronic record system, under section 343 .\n- (a) be in the approved form; and\n- (b) be supported by enough information to enable the application to be decided; and\n- (c) be accompanied by the prescribed fee for the application; and\n- (d) comply with any other requirements applying to the application under a conservation plan.","sortOrder":369},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Restrictions on grant","content":"## Restrictions on grant","sortOrder":370},{"sectionNumber":"sec.240","sectionType":"section","heading":"Restrictions on grant","content":"### sec.240 Restrictions on grant\n\nThe chief executive must not grant an animal authority to an applicant if—\nfor an applicant that is a corporation—the applicant does not have an office in the State; or\nfor a standard licence, a specialised licence or an advanced licence—the proposed premises is not in the State; or\nthe applicant is not a suitable person to hold the authority; or\nSee also part 2A .\nfor an application made using the authority management system—the applicant does not make a required declaration; or\nfor an applicant who is an individual—the applicant is under 13 years, unless another provision of this regulation provides otherwise; or\nan animal to which the authority would apply has been unlawfully taken, kept or used; or\na conservation plan prohibits the grant of the authority in the applicant’s circumstances; or\na harvesting licence for estuarine crocodile eggs must not be granted in contravention of the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , section 36\na dealer licence for dead macropods must not be granted in contravention of the Nature Conservation (Macropod) Conservation Plan 2017 , section 15\nthe activities proposed to be carried out under the authority are likely to adversely affect—\nthe conservation of native wildlife; or\nthe ecological sustainability of native wildlife; or\nfor an authority to take, keep or use a protected animal in a dugong protection area—the taking, keeping or use of the animal is likely to—\nsignificantly reduce the local dugong population; or\nsignificantly harm dugong habitat; or\nfor an authority to keep a protected animal—the proposed premises is not appropriate, or does not have appropriate facilities, for keeping the animal.\npremises that do not have facilities enabling a person to keep an animal in a way that complies with requirements about housing the animal under this regulation\npremises that would not comply with other requirements, under this regulation, for carrying out activities under the type of animal authority applied for\nHowever, subsection (1) (a) does not apply in relation to a movement permit.\nIf the applicant is a child, the chief executive must not grant the animal authority to the applicant unless—\nthe child lives at the proposed premises; and\nthe child’s parents live at the proposed premises; and\nthe chief executive is satisfied the child’s parents will supervise the child while the child is carrying out activities under the authority.\nIf more than 1 licensed premises are proposed for the animal authority, the chief executive must not grant the authority to the applicant unless the chief executive is satisfied it is necessary for the applicant to carry out activities under the authority at each premises.\na veterinary surgeon carrying out veterinary activities at both the surgeon’s veterinary premises and place of residence\nIn this section—\ndugong protection area means regulated waters declared under the Fisheries Declaration 2019 , chapter 2 with a name that includes—\ngreater dugong protection area; or\ndugong protection area.\nSee also chapter 4 for other restrictions on grants for particular animal authorities.\ns 240 amd 2022 SL No. 166 s 8\nsub 2025 SL No. 125 s 10\n(sec.240-ssec.1) The chief executive must not grant an animal authority to an applicant if— for an applicant that is a corporation—the applicant does not have an office in the State; or for a standard licence, a specialised licence or an advanced licence—the proposed premises is not in the State; or the applicant is not a suitable person to hold the authority; or See also part 2A . for an application made using the authority management system—the applicant does not make a required declaration; or for an applicant who is an individual—the applicant is under 13 years, unless another provision of this regulation provides otherwise; or an animal to which the authority would apply has been unlawfully taken, kept or used; or a conservation plan prohibits the grant of the authority in the applicant’s circumstances; or a harvesting licence for estuarine crocodile eggs must not be granted in contravention of the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , section 36 a dealer licence for dead macropods must not be granted in contravention of the Nature Conservation (Macropod) Conservation Plan 2017 , section 15 the activities proposed to be carried out under the authority are likely to adversely affect— the conservation of native wildlife; or the ecological sustainability of native wildlife; or for an authority to take, keep or use a protected animal in a dugong protection area—the taking, keeping or use of the animal is likely to— significantly reduce the local dugong population; or significantly harm dugong habitat; or for an authority to keep a protected animal—the proposed premises is not appropriate, or does not have appropriate facilities, for keeping the animal. premises that do not have facilities enabling a person to keep an animal in a way that complies with requirements about housing the animal under this regulation premises that would not comply with other requirements, under this regulation, for carrying out activities under the type of animal authority applied for\n(sec.240-ssec.2) However, subsection (1) (a) does not apply in relation to a movement permit.\n(sec.240-ssec.3) If the applicant is a child, the chief executive must not grant the animal authority to the applicant unless— the child lives at the proposed premises; and the child’s parents live at the proposed premises; and the chief executive is satisfied the child’s parents will supervise the child while the child is carrying out activities under the authority.\n(sec.240-ssec.4) If more than 1 licensed premises are proposed for the animal authority, the chief executive must not grant the authority to the applicant unless the chief executive is satisfied it is necessary for the applicant to carry out activities under the authority at each premises. a veterinary surgeon carrying out veterinary activities at both the surgeon’s veterinary premises and place of residence\n(sec.240-ssec.5) In this section— dugong protection area means regulated waters declared under the Fisheries Declaration 2019 , chapter 2 with a name that includes— greater dugong protection area; or dugong protection area.\n- (a) for an applicant that is a corporation—the applicant does not have an office in the State; or\n- (b) for a standard licence, a specialised licence or an advanced licence—the proposed premises is not in the State; or\n- (c) the applicant is not a suitable person to hold the authority; or Note— See also part 2A .\n- (d) for an application made using the authority management system—the applicant does not make a required declaration; or\n- (e) for an applicant who is an individual—the applicant is under 13 years, unless another provision of this regulation provides otherwise; or\n- (f) an animal to which the authority would apply has been unlawfully taken, kept or used; or\n- (g) a conservation plan prohibits the grant of the authority in the applicant’s circumstances; or Examples— 1 a harvesting licence for estuarine crocodile eggs must not be granted in contravention of the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , section 36 2 a dealer licence for dead macropods must not be granted in contravention of the Nature Conservation (Macropod) Conservation Plan 2017 , section 15\n- 1 a harvesting licence for estuarine crocodile eggs must not be granted in contravention of the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , section 36\n- 2 a dealer licence for dead macropods must not be granted in contravention of the Nature Conservation (Macropod) Conservation Plan 2017 , section 15\n- (h) the activities proposed to be carried out under the authority are likely to adversely affect— (i) the conservation of native wildlife; or (ii) the ecological sustainability of native wildlife; or\n- (i) the conservation of native wildlife; or\n- (ii) the ecological sustainability of native wildlife; or\n- (i) for an authority to take, keep or use a protected animal in a dugong protection area—the taking, keeping or use of the animal is likely to— (i) significantly reduce the local dugong population; or (ii) significantly harm dugong habitat; or\n- (i) significantly reduce the local dugong population; or\n- (ii) significantly harm dugong habitat; or\n- (j) for an authority to keep a protected animal—the proposed premises is not appropriate, or does not have appropriate facilities, for keeping the animal. Examples of premises that are not appropriate, or do not have appropriate facilities, for keeping animals— 1 premises that do not have facilities enabling a person to keep an animal in a way that complies with requirements about housing the animal under this regulation 2 premises that would not comply with other requirements, under this regulation, for carrying out activities under the type of animal authority applied for\n- 1 premises that do not have facilities enabling a person to keep an animal in a way that complies with requirements about housing the animal under this regulation\n- 2 premises that would not comply with other requirements, under this regulation, for carrying out activities under the type of animal authority applied for\n- 1 a harvesting licence for estuarine crocodile eggs must not be granted in contravention of the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , section 36\n- 2 a dealer licence for dead macropods must not be granted in contravention of the Nature Conservation (Macropod) Conservation Plan 2017 , section 15\n- (i) the conservation of native wildlife; or\n- (ii) the ecological sustainability of native wildlife; or\n- (i) significantly reduce the local dugong population; or\n- (ii) significantly harm dugong habitat; or\n- 1 premises that do not have facilities enabling a person to keep an animal in a way that complies with requirements about housing the animal under this regulation\n- 2 premises that would not comply with other requirements, under this regulation, for carrying out activities under the type of animal authority applied for\n- (a) the child lives at the proposed premises; and\n- (b) the child’s parents live at the proposed premises; and\n- (c) the chief executive is satisfied the child’s parents will supervise the child while the child is carrying out activities under the authority.\n- (a) greater dugong protection area; or\n- (b) dugong protection area.","sortOrder":371},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":"Considering applications","content":"## Considering applications","sortOrder":372},{"sectionNumber":"sec.241","sectionType":"section","heading":"Matters chief executive must consider","content":"### sec.241 Matters chief executive must consider\n\nThe chief executive must consider an application for an animal authority having regard to each of the following matters—\nwhether the chief executive is restricted from granting the authority under division 2 or chapter 4 ;\nthe impact the activities proposed to be carried out under the authority may have on the conservation of native wildlife;\nthe effect the grant of the authority may have on the fair and equitable access to nature, in particular, the ecologically sustainable use of wildlife;\nany contribution the applicant proposes to make to the conservation of nature;\nany relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement;\nthe precautionary principle;\npublic health and safety;\nthe public interest;\nany recovery plan for an animal to which the authority is proposed to apply;\nfor a flying-fox roost management permit in an area (the permit area ) outside an urban flying-fox management area—whether the flying-foxes in the permit area are likely to move to, and congregate at, a tree or other place within an urban flying-fox management area, having regard to—\nthe proximity of the permit area to the urban flying-fox management area; and\nthe direction, from the permit area, of trees or other places suitable for the flying-foxes to move to and congregate at;\nfor an animal authority, other than a renewable licence, proposed to take effect immediately after an existing animal authority of the same type ends—\nwhether the existing animal authority was obtained on the basis of false or misleading information; and\nwhether the holder of the existing animal authority, or a relevant person for the holder, has failed to comply with a condition of the existing animal authority;\nany other matter stated in a conservation plan as a matter the chief executive must have regard to when considering an application for the type of animal authority being applied for.\nWithout limiting subsection (1) , the chief executive may have regard to anything else the chief executive considers appropriate to achieve the object of the Act .\nIn this section—\nprecautionary principle means the principle that, if there are threats of serious or irreversible environmental damage, lack of full scientific certainty must not be used as a reason for postponing measures to prevent threatening processes.\ns 241 sub 2025 SL No. 125 s 10\n(sec.241-ssec.1) The chief executive must consider an application for an animal authority having regard to each of the following matters— whether the chief executive is restricted from granting the authority under division 2 or chapter 4 ; the impact the activities proposed to be carried out under the authority may have on the conservation of native wildlife; the effect the grant of the authority may have on the fair and equitable access to nature, in particular, the ecologically sustainable use of wildlife; any contribution the applicant proposes to make to the conservation of nature; any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement; the precautionary principle; public health and safety; the public interest; any recovery plan for an animal to which the authority is proposed to apply; for a flying-fox roost management permit in an area (the permit area ) outside an urban flying-fox management area—whether the flying-foxes in the permit area are likely to move to, and congregate at, a tree or other place within an urban flying-fox management area, having regard to— the proximity of the permit area to the urban flying-fox management area; and the direction, from the permit area, of trees or other places suitable for the flying-foxes to move to and congregate at; for an animal authority, other than a renewable licence, proposed to take effect immediately after an existing animal authority of the same type ends— whether the existing animal authority was obtained on the basis of false or misleading information; and whether the holder of the existing animal authority, or a relevant person for the holder, has failed to comply with a condition of the existing animal authority; any other matter stated in a conservation plan as a matter the chief executive must have regard to when considering an application for the type of animal authority being applied for.\n(sec.241-ssec.2) Without limiting subsection (1) , the chief executive may have regard to anything else the chief executive considers appropriate to achieve the object of the Act .\n(sec.241-ssec.3) In this section— precautionary principle means the principle that, if there are threats of serious or irreversible environmental damage, lack of full scientific certainty must not be used as a reason for postponing measures to prevent threatening processes.\n- (a) whether the chief executive is restricted from granting the authority under division 2 or chapter 4 ;\n- (b) the impact the activities proposed to be carried out under the authority may have on the conservation of native wildlife;\n- (c) the effect the grant of the authority may have on the fair and equitable access to nature, in particular, the ecologically sustainable use of wildlife;\n- (d) any contribution the applicant proposes to make to the conservation of nature;\n- (e) any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement;\n- (f) the precautionary principle;\n- (g) public health and safety;\n- (h) the public interest;\n- (i) any recovery plan for an animal to which the authority is proposed to apply;\n- (j) for a flying-fox roost management permit in an area (the permit area ) outside an urban flying-fox management area—whether the flying-foxes in the permit area are likely to move to, and congregate at, a tree or other place within an urban flying-fox management area, having regard to— (i) the proximity of the permit area to the urban flying-fox management area; and (ii) the direction, from the permit area, of trees or other places suitable for the flying-foxes to move to and congregate at;\n- (i) the proximity of the permit area to the urban flying-fox management area; and\n- (ii) the direction, from the permit area, of trees or other places suitable for the flying-foxes to move to and congregate at;\n- (k) for an animal authority, other than a renewable licence, proposed to take effect immediately after an existing animal authority of the same type ends— (i) whether the existing animal authority was obtained on the basis of false or misleading information; and (ii) whether the holder of the existing animal authority, or a relevant person for the holder, has failed to comply with a condition of the existing animal authority;\n- (i) whether the existing animal authority was obtained on the basis of false or misleading information; and\n- (ii) whether the holder of the existing animal authority, or a relevant person for the holder, has failed to comply with a condition of the existing animal authority;\n- (l) any other matter stated in a conservation plan as a matter the chief executive must have regard to when considering an application for the type of animal authority being applied for.\n- (i) the proximity of the permit area to the urban flying-fox management area; and\n- (ii) the direction, from the permit area, of trees or other places suitable for the flying-foxes to move to and congregate at;\n- (i) whether the existing animal authority was obtained on the basis of false or misleading information; and\n- (ii) whether the holder of the existing animal authority, or a relevant person for the holder, has failed to comply with a condition of the existing animal authority;","sortOrder":373},{"sectionNumber":"sec.242","sectionType":"section","heading":"Chief executive may require further information or document","content":"### sec.242 Chief executive may require further information or document\n\nBefore deciding an application for an animal authority, the chief executive may ask the applicant for further information or a document the chief executive requires to decide the application.\nThe chief executive may require the information or document to be verified by a statutory declaration.\nThe chief executive may give the applicant a notice asking the applicant to give the information or document by the day stated in the notice.\nA notice given under subsection (3) must—\nbe given to the applicant within 20 business days after the chief executive receives the application; and\nstate a reasonable period, of at least 20 business days after the notice is given to the applicant, within which the information or document must be given to the chief executive.\nThe applicant is taken to have withdrawn the application if the applicant does not comply with the request within—\nif the chief executive has given a notice to the applicant under subsection (3) —the period stated in the notice; or\notherwise—a reasonable period.\nThe chief executive may extend a period mentioned in subsection (5) .\ns 242 sub 2025 SL No. 125 s 10\n(sec.242-ssec.1) Before deciding an application for an animal authority, the chief executive may ask the applicant for further information or a document the chief executive requires to decide the application.\n(sec.242-ssec.2) The chief executive may require the information or document to be verified by a statutory declaration.\n(sec.242-ssec.3) The chief executive may give the applicant a notice asking the applicant to give the information or document by the day stated in the notice.\n(sec.242-ssec.4) A notice given under subsection (3) must— be given to the applicant within 20 business days after the chief executive receives the application; and state a reasonable period, of at least 20 business days after the notice is given to the applicant, within which the information or document must be given to the chief executive.\n(sec.242-ssec.5) The applicant is taken to have withdrawn the application if the applicant does not comply with the request within— if the chief executive has given a notice to the applicant under subsection (3) —the period stated in the notice; or otherwise—a reasonable period.\n(sec.242-ssec.6) The chief executive may extend a period mentioned in subsection (5) .\n- (a) be given to the applicant within 20 business days after the chief executive receives the application; and\n- (b) state a reasonable period, of at least 20 business days after the notice is given to the applicant, within which the information or document must be given to the chief executive.\n- (a) if the chief executive has given a notice to the applicant under subsection (3) —the period stated in the notice; or\n- (b) otherwise—a reasonable period.","sortOrder":374},{"sectionNumber":"sec.243","sectionType":"section","heading":"Amending application","content":"### sec.243 Amending application\n\nAn applicant may amend an application for an animal authority if—\nthe chief executive has not finished considering whether to grant the authority; and\nthe chief executive agrees to the amendment of the application.\ns 243 sub 2025 SL No. 125 s 10\n- (a) the chief executive has not finished considering whether to grant the authority; and\n- (b) the chief executive agrees to the amendment of the application.","sortOrder":375},{"sectionNumber":"ch.5-pt.2-div.4","sectionType":"division","heading":"Deciding applications","content":"## Deciding applications","sortOrder":376},{"sectionNumber":"sec.244","sectionType":"section","heading":"Chief executive to decide application","content":"### sec.244 Chief executive to decide application\n\nThe chief executive must, after considering an application for an animal authority, decide to—\ngrant the authority, with or without conditions decided by the chief executive; or\nrefuse the application.\nThe chief executive must decide the application—\nif, under section 242 , the chief executive asks for further information or a document—within 40 business days after receiving the information or document; or\notherwise—within 40 business days after receiving the application.\ns 244 sub 2025 SL No. 125 s 10\n(sec.244-ssec.1) The chief executive must, after considering an application for an animal authority, decide to— grant the authority, with or without conditions decided by the chief executive; or refuse the application.\n(sec.244-ssec.2) The chief executive must decide the application— if, under section 242 , the chief executive asks for further information or a document—within 40 business days after receiving the information or document; or otherwise—within 40 business days after receiving the application.\n- (a) grant the authority, with or without conditions decided by the chief executive; or\n- (b) refuse the application.\n- (a) if, under section 242 , the chief executive asks for further information or a document—within 40 business days after receiving the information or document; or\n- (b) otherwise—within 40 business days after receiving the application.","sortOrder":377},{"sectionNumber":"sec.245","sectionType":"section","heading":"Steps to be taken after application decided","content":"### sec.245 Steps to be taken after application decided\n\nIf the chief executive decides to grant an animal authority, the chief executive must, as soon as practicable after making the decision, give the applicant—\nthe authority; and\nif a condition was imposed on the authority under section 244 (1) (a) —an information notice for the decision to impose the condition.\nSubsection (1) (b) does not apply in relation to a condition the applicant sought in the application.\nIf the chief executive decides to refuse the application, the chief executive must, as soon as practicable after making the decision, give the applicant an information notice for the decision.\nA document mentioned in subsection (1) or (3) may be given to the applicant using the authority management system or in another way.\ns 245 sub 2025 SL No. 125 s 10\n(sec.245-ssec.1) If the chief executive decides to grant an animal authority, the chief executive must, as soon as practicable after making the decision, give the applicant— the authority; and if a condition was imposed on the authority under section 244 (1) (a) —an information notice for the decision to impose the condition.\n(sec.245-ssec.2) Subsection (1) (b) does not apply in relation to a condition the applicant sought in the application.\n(sec.245-ssec.3) If the chief executive decides to refuse the application, the chief executive must, as soon as practicable after making the decision, give the applicant an information notice for the decision.\n(sec.245-ssec.4) A document mentioned in subsection (1) or (3) may be given to the applicant using the authority management system or in another way.\n- (a) the authority; and\n- (b) if a condition was imposed on the authority under section 244 (1) (a) —an information notice for the decision to impose the condition.","sortOrder":378},{"sectionNumber":"sec.246","sectionType":"section","heading":"Continuing obligations relating to keeping and using animals","content":"### sec.246 Continuing obligations relating to keeping and using animals\n\nThis section applies if an animal authority to be granted will authorise—\ntaking, buying or accepting a live protected animal in the State; and\nlawfully moving the animal to another State.\nThe chief executive may impose an obligation on the holder of the animal authority, or a relevant person for the holder, that continues after the authority ends, about—\nthe purpose for which the animal, or an offspring of the animal, is used after the authority ends; or\nthe way the animal, or an offspring of the animal, is kept after the authority ends.\nHowever, the chief executive may impose the obligation only if the chief executive believes imposing the obligation is necessary to achieve the object of the Act .\nThe obligation is taken to be a condition of the animal authority.\ns 246 sub 2025 SL No. 125 s 10\n(sec.246-ssec.1) This section applies if an animal authority to be granted will authorise— taking, buying or accepting a live protected animal in the State; and lawfully moving the animal to another State.\n(sec.246-ssec.2) The chief executive may impose an obligation on the holder of the animal authority, or a relevant person for the holder, that continues after the authority ends, about— the purpose for which the animal, or an offspring of the animal, is used after the authority ends; or the way the animal, or an offspring of the animal, is kept after the authority ends.\n(sec.246-ssec.3) However, the chief executive may impose the obligation only if the chief executive believes imposing the obligation is necessary to achieve the object of the Act .\n(sec.246-ssec.4) The obligation is taken to be a condition of the animal authority.\n- (a) taking, buying or accepting a live protected animal in the State; and\n- (b) lawfully moving the animal to another State.\n- (a) the purpose for which the animal, or an offspring of the animal, is used after the authority ends; or\n- (b) the way the animal, or an offspring of the animal, is kept after the authority ends.","sortOrder":379},{"sectionNumber":"sec.247","sectionType":"section","heading":"Continuing obligations relating to particular interstate movements","content":"### sec.247 Continuing obligations relating to particular interstate movements\n\nThis section applies if—\nan animal authority to be granted is a movement permit that will authorise the movement of a live protected animal to another State; and\nthe person to whom the animal will be moved is not the holder of an animal authority, or a relevant person for the holder.\nThe chief executive may impose an obligation on the holder of the movement permit, or a relevant person for the holder, about—\nthe purpose for which the animal, or an offspring of the animal, is used in the other State; or\nthe way the animal, or an offspring of the animal, is kept in the other State.\nHowever, the chief executive may impose the obligation only if the chief executive believes imposing the obligation is necessary to achieve the object of the Act .\nThe obligation is taken to be a condition of the movement permit.\ns 247 sub 2025 SL No. 125 s 10\n(sec.247-ssec.1) This section applies if— an animal authority to be granted is a movement permit that will authorise the movement of a live protected animal to another State; and the person to whom the animal will be moved is not the holder of an animal authority, or a relevant person for the holder.\n(sec.247-ssec.2) The chief executive may impose an obligation on the holder of the movement permit, or a relevant person for the holder, about— the purpose for which the animal, or an offspring of the animal, is used in the other State; or the way the animal, or an offspring of the animal, is kept in the other State.\n(sec.247-ssec.3) However, the chief executive may impose the obligation only if the chief executive believes imposing the obligation is necessary to achieve the object of the Act .\n(sec.247-ssec.4) The obligation is taken to be a condition of the movement permit.\n- (a) an animal authority to be granted is a movement permit that will authorise the movement of a live protected animal to another State; and\n- (b) the person to whom the animal will be moved is not the holder of an animal authority, or a relevant person for the holder.\n- (a) the purpose for which the animal, or an offspring of the animal, is used in the other State; or\n- (b) the way the animal, or an offspring of the animal, is kept in the other State.","sortOrder":380},{"sectionNumber":"ch.5-pt.2A","sectionType":"part","heading":"Suitability","content":"# Suitability","sortOrder":381},{"sectionNumber":"sec.247A","sectionType":"section","heading":"Purpose of part","content":"### sec.247A Purpose of part\n\nThis part states when a person is not a suitable person to hold an animal authority.\ns 247A ins 2025 SL No. 125 s 10","sortOrder":382},{"sectionNumber":"sec.247B","sectionType":"section","heading":"Suitability based on convictions","content":"### sec.247B Suitability based on convictions\n\nA person is not a suitable person to hold an animal authority if—\nthe person, or an associate of the person, has, within 3 years before the relevant day, been convicted of—\nan offence against the Act ; or\nan animal welfare offence under the Animal Care and Protection Act 2001 ; or\nan offence relating to wildlife, however described—\nunder another Act; or\nunder the law of another jurisdiction; and\nthe chief executive is satisfied the activities of the person that led to the conviction are of the same nature as the activities to be carried out under the authority.\nA person convicted of an offence against section 62 of the Act for taking an animal that was a natural resource of a protected area applies for an animal authority for taking a protected animal.\nA person convicted of an offence against section 88 of the Act for taking a protected animal applies for an animal authority for taking a protected animal.\nSubsection (1) does not apply if—\nthe person has been given an infringement notice for the offence under the State Penalties Enforcement Act 1999 ; or\nthe animal authority is a damage mitigation permit and the chief executive is satisfied the person is a suitable person to hold the permit, having regard to—\nthe person’s ability to carry out the activities under the permit in a competent and ethical way; and\nthe nature of the offence, including, for example, whether the offence is against a provision of an Act or a provision of subordinate legislation; and\nany previous conviction, other than a spent conviction, of the person, or an associate of the person, for an offence mentioned in subsection (1) (a) ; and\nin relation to a conviction, or previous conviction, for an offence under the law of another jurisdiction—the classification of any wildlife to which the conviction relates under the law of the other jurisdiction.\ns 247B ins 2025 SL No. 125 s 10\n(sec.247B-ssec.1) A person is not a suitable person to hold an animal authority if— the person, or an associate of the person, has, within 3 years before the relevant day, been convicted of— an offence against the Act ; or an animal welfare offence under the Animal Care and Protection Act 2001 ; or an offence relating to wildlife, however described— under another Act; or under the law of another jurisdiction; and the chief executive is satisfied the activities of the person that led to the conviction are of the same nature as the activities to be carried out under the authority. A person convicted of an offence against section 62 of the Act for taking an animal that was a natural resource of a protected area applies for an animal authority for taking a protected animal. A person convicted of an offence against section 88 of the Act for taking a protected animal applies for an animal authority for taking a protected animal.\n(sec.247B-ssec.2) Subsection (1) does not apply if— the person has been given an infringement notice for the offence under the State Penalties Enforcement Act 1999 ; or the animal authority is a damage mitigation permit and the chief executive is satisfied the person is a suitable person to hold the permit, having regard to— the person’s ability to carry out the activities under the permit in a competent and ethical way; and the nature of the offence, including, for example, whether the offence is against a provision of an Act or a provision of subordinate legislation; and any previous conviction, other than a spent conviction, of the person, or an associate of the person, for an offence mentioned in subsection (1) (a) ; and in relation to a conviction, or previous conviction, for an offence under the law of another jurisdiction—the classification of any wildlife to which the conviction relates under the law of the other jurisdiction.\n- (a) the person, or an associate of the person, has, within 3 years before the relevant day, been convicted of— (i) an offence against the Act ; or (ii) an animal welfare offence under the Animal Care and Protection Act 2001 ; or (iii) an offence relating to wildlife, however described— (A) under another Act; or (B) under the law of another jurisdiction; and\n- (i) an offence against the Act ; or\n- (ii) an animal welfare offence under the Animal Care and Protection Act 2001 ; or\n- (iii) an offence relating to wildlife, however described— (A) under another Act; or (B) under the law of another jurisdiction; and\n- (A) under another Act; or\n- (B) under the law of another jurisdiction; and\n- (b) the chief executive is satisfied the activities of the person that led to the conviction are of the same nature as the activities to be carried out under the authority. Examples of when chief executive may be satisfied— 1 A person convicted of an offence against section 62 of the Act for taking an animal that was a natural resource of a protected area applies for an animal authority for taking a protected animal. 2 A person convicted of an offence against section 88 of the Act for taking a protected animal applies for an animal authority for taking a protected animal.\n- 1 A person convicted of an offence against section 62 of the Act for taking an animal that was a natural resource of a protected area applies for an animal authority for taking a protected animal.\n- 2 A person convicted of an offence against section 88 of the Act for taking a protected animal applies for an animal authority for taking a protected animal.\n- (i) an offence against the Act ; or\n- (ii) an animal welfare offence under the Animal Care and Protection Act 2001 ; or\n- (iii) an offence relating to wildlife, however described— (A) under another Act; or (B) under the law of another jurisdiction; and\n- (A) under another Act; or\n- (B) under the law of another jurisdiction; and\n- (A) under another Act; or\n- (B) under the law of another jurisdiction; and\n- 1 A person convicted of an offence against section 62 of the Act for taking an animal that was a natural resource of a protected area applies for an animal authority for taking a protected animal.\n- 2 A person convicted of an offence against section 88 of the Act for taking a protected animal applies for an animal authority for taking a protected animal.\n- (a) the person has been given an infringement notice for the offence under the State Penalties Enforcement Act 1999 ; or\n- (b) the animal authority is a damage mitigation permit and the chief executive is satisfied the person is a suitable person to hold the permit, having regard to— (i) the person’s ability to carry out the activities under the permit in a competent and ethical way; and (ii) the nature of the offence, including, for example, whether the offence is against a provision of an Act or a provision of subordinate legislation; and (iii) any previous conviction, other than a spent conviction, of the person, or an associate of the person, for an offence mentioned in subsection (1) (a) ; and (iv) in relation to a conviction, or previous conviction, for an offence under the law of another jurisdiction—the classification of any wildlife to which the conviction relates under the law of the other jurisdiction.\n- (i) the person’s ability to carry out the activities under the permit in a competent and ethical way; and\n- (ii) the nature of the offence, including, for example, whether the offence is against a provision of an Act or a provision of subordinate legislation; and\n- (iii) any previous conviction, other than a spent conviction, of the person, or an associate of the person, for an offence mentioned in subsection (1) (a) ; and\n- (iv) in relation to a conviction, or previous conviction, for an offence under the law of another jurisdiction—the classification of any wildlife to which the conviction relates under the law of the other jurisdiction.\n- (i) the person’s ability to carry out the activities under the permit in a competent and ethical way; and\n- (ii) the nature of the offence, including, for example, whether the offence is against a provision of an Act or a provision of subordinate legislation; and\n- (iii) any previous conviction, other than a spent conviction, of the person, or an associate of the person, for an offence mentioned in subsection (1) (a) ; and\n- (iv) in relation to a conviction, or previous conviction, for an offence under the law of another jurisdiction—the classification of any wildlife to which the conviction relates under the law of the other jurisdiction.","sortOrder":383},{"sectionNumber":"sec.247C","sectionType":"section","heading":"Suitability based on other matters","content":"### sec.247C Suitability based on other matters\n\nA person is not a suitable person to hold an animal authority if the chief executive is satisfied the person would be unable to carry out activities under the authority in a competent and ethical way.\nWithout limiting subsection (1) , the chief executive may be satisfied the person is unable to carry out activities under the animal authority in a competent and ethical way if—\nthe person, or an associate of the person, has accumulated 10 or more demerit points under section 247D within 3 years before the relevant day; or\nthe person, or an associate of the person, was the holder of an animal authority that was cancelled within 2 years before the relevant day because the person or associate accumulated 10 or more demerit points under section 247D ; or\nthe person, or an associate of the person, is or was the holder of a corresponding authority that was suspended or cancelled within 3 years before the relevant day.\ns 247C ins 2025 SL No. 125 s 10\n(sec.247C-ssec.1) A person is not a suitable person to hold an animal authority if the chief executive is satisfied the person would be unable to carry out activities under the authority in a competent and ethical way.\n(sec.247C-ssec.2) Without limiting subsection (1) , the chief executive may be satisfied the person is unable to carry out activities under the animal authority in a competent and ethical way if— the person, or an associate of the person, has accumulated 10 or more demerit points under section 247D within 3 years before the relevant day; or the person, or an associate of the person, was the holder of an animal authority that was cancelled within 2 years before the relevant day because the person or associate accumulated 10 or more demerit points under section 247D ; or the person, or an associate of the person, is or was the holder of a corresponding authority that was suspended or cancelled within 3 years before the relevant day.\n- (a) the person, or an associate of the person, has accumulated 10 or more demerit points under section 247D within 3 years before the relevant day; or\n- (b) the person, or an associate of the person, was the holder of an animal authority that was cancelled within 2 years before the relevant day because the person or associate accumulated 10 or more demerit points under section 247D ; or\n- (c) the person, or an associate of the person, is or was the holder of a corresponding authority that was suspended or cancelled within 3 years before the relevant day.","sortOrder":384},{"sectionNumber":"sec.247D","sectionType":"section","heading":"Accumulation of demerit points","content":"### sec.247D Accumulation of demerit points\n\nThis section applies to a person who is given an infringement notice under the State Penalties Enforcement Act 1999 for an offence against the Act if the person—\nis convicted of the offence; or\npays the fine stated in the infringement notice for the offence; or\napplies under the State Penalties Enforcement Act 1999 , section 23 to pay the fine stated in the infringement notice for the offence by instalments; or\nfails to pay the fine stated in the infringement notice for the offence, resulting in a default certificate being given to SPER for the infringement notice.\nFor sections 237 (1) (d) and (e) and 247C (2) (a) and (b) , the person accumulates the following number of demerit points for the offence—\nfor an offence for which the maximum penalty is not more than 20 penalty units—1 demerit point;\nfor an offence for which the maximum penalty is more than 20 but not more than 50 penalty units—2 demerit points;\nfor an offence for which the maximum penalty is more than 50 but not more than 80 penalty units—3 demerit points;\nfor an offence for which the maximum penalty is more than 80 but not more than 120 penalty units—4 demerit points;\nfor an offence for which the maximum penalty is more than 120 but not more than 165 penalty units—5 demerit points;\nfor an offence for which the maximum penalty is more than 165 penalty units—7 demerit points.\nThe person accumulates the demerit points for the offence on the day that subsection (1) applies to the person.\nHowever, if the day mentioned in subsection (3) is within the period in which a court proceeding for the offence has started but not ended, subsection (3) does not apply to the person until the day the period ends.\nSubsections (3) and (4) apply subject to the State Penalties Enforcement Act 1999 , section 31 .\nIn this section—\ndefault certificate see the State Penalties Enforcement Act 1999 , section 33 (1) .\nSPER means the State Penalties Enforcement Registry established under the State Penalties Enforcement Act 1999 , section 7 .\ns 247D ins 2025 SL No. 125 s 10\n(sec.247D-ssec.1) This section applies to a person who is given an infringement notice under the State Penalties Enforcement Act 1999 for an offence against the Act if the person— is convicted of the offence; or pays the fine stated in the infringement notice for the offence; or applies under the State Penalties Enforcement Act 1999 , section 23 to pay the fine stated in the infringement notice for the offence by instalments; or fails to pay the fine stated in the infringement notice for the offence, resulting in a default certificate being given to SPER for the infringement notice.\n(sec.247D-ssec.2) For sections 237 (1) (d) and (e) and 247C (2) (a) and (b) , the person accumulates the following number of demerit points for the offence— for an offence for which the maximum penalty is not more than 20 penalty units—1 demerit point; for an offence for which the maximum penalty is more than 20 but not more than 50 penalty units—2 demerit points; for an offence for which the maximum penalty is more than 50 but not more than 80 penalty units—3 demerit points; for an offence for which the maximum penalty is more than 80 but not more than 120 penalty units—4 demerit points; for an offence for which the maximum penalty is more than 120 but not more than 165 penalty units—5 demerit points; for an offence for which the maximum penalty is more than 165 penalty units—7 demerit points.\n(sec.247D-ssec.3) The person accumulates the demerit points for the offence on the day that subsection (1) applies to the person.\n(sec.247D-ssec.4) However, if the day mentioned in subsection (3) is within the period in which a court proceeding for the offence has started but not ended, subsection (3) does not apply to the person until the day the period ends.\n(sec.247D-ssec.5) Subsections (3) and (4) apply subject to the State Penalties Enforcement Act 1999 , section 31 .\n(sec.247D-ssec.6) In this section— default certificate see the State Penalties Enforcement Act 1999 , section 33 (1) . SPER means the State Penalties Enforcement Registry established under the State Penalties Enforcement Act 1999 , section 7 .\n- (a) is convicted of the offence; or\n- (b) pays the fine stated in the infringement notice for the offence; or\n- (c) applies under the State Penalties Enforcement Act 1999 , section 23 to pay the fine stated in the infringement notice for the offence by instalments; or\n- (d) fails to pay the fine stated in the infringement notice for the offence, resulting in a default certificate being given to SPER for the infringement notice.\n- (a) for an offence for which the maximum penalty is not more than 20 penalty units—1 demerit point;\n- (b) for an offence for which the maximum penalty is more than 20 but not more than 50 penalty units—2 demerit points;\n- (c) for an offence for which the maximum penalty is more than 50 but not more than 80 penalty units—3 demerit points;\n- (d) for an offence for which the maximum penalty is more than 80 but not more than 120 penalty units—4 demerit points;\n- (e) for an offence for which the maximum penalty is more than 120 but not more than 165 penalty units—5 demerit points;\n- (f) for an offence for which the maximum penalty is more than 165 penalty units—7 demerit points.","sortOrder":385},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Form of authorities","content":"# Form of authorities","sortOrder":386},{"sectionNumber":"sec.248","sectionType":"section","heading":"Form","content":"### sec.248 Form\n\nAn animal authority must be in writing.\nMore than 1 animal authority may be granted, or automatically issued, using 1 document.\ns 248 amd 2025 SL No. 125 s 11\n(sec.248-ssec.1) An animal authority must be in writing.\n(sec.248-ssec.2) More than 1 animal authority may be granted, or automatically issued, using 1 document.","sortOrder":387},{"sectionNumber":"sec.249","sectionType":"section","heading":"Matters to be stated in animal authority","content":"### sec.249 Matters to be stated in animal authority\n\nThe following information must be stated in an animal authority—\nthe day it is granted or automatically issued;\nif it does not take effect on the day it is granted or automatically issued—the day it takes effect;\neither its term or its end date;\nthe name of the holder of the authority and, if the holder is a corporation, the holder’s ABN or ACN;\nthe address of the holder of the authority;\nif the authority is granted to a child—the name of the child’s parents;\neach category or species of animal to which the authority applies;\nSee also section 250 .\nif the authority applies to a particular number of animals of a particular species—the number;\nSee also section 251 .\nthe premises that are the licensed premises for the authority;\nif the authority is for taking an animal—the place from where the animal may be taken;\nif the authority is a movement permit—the place where the animal may be moved from and to under the permit;\nif the authority is granted, or automatically issued, to a corporation—the name of the person in charge for the authority;\nany conditions imposed by the chief executive on the authority.\nSubsection (1) (g) does not apply to an animal authority for taking or using all animals in an area that is, or is likely to be, lawfully destroyed.\ns 249 amd 2025 SL No. 125 ss 12 , 34 sch 1 pts 1 – 2\n(sec.249-ssec.1) The following information must be stated in an animal authority— the day it is granted or automatically issued; if it does not take effect on the day it is granted or automatically issued—the day it takes effect; either its term or its end date; the name of the holder of the authority and, if the holder is a corporation, the holder’s ABN or ACN; the address of the holder of the authority; if the authority is granted to a child—the name of the child’s parents; each category or species of animal to which the authority applies; See also section 250 . if the authority applies to a particular number of animals of a particular species—the number; See also section 251 . the premises that are the licensed premises for the authority; if the authority is for taking an animal—the place from where the animal may be taken; if the authority is a movement permit—the place where the animal may be moved from and to under the permit; if the authority is granted, or automatically issued, to a corporation—the name of the person in charge for the authority; any conditions imposed by the chief executive on the authority.\n(sec.249-ssec.2) Subsection (1) (g) does not apply to an animal authority for taking or using all animals in an area that is, or is likely to be, lawfully destroyed.\n- (a) the day it is granted or automatically issued;\n- (b) if it does not take effect on the day it is granted or automatically issued—the day it takes effect;\n- (c) either its term or its end date;\n- (d) the name of the holder of the authority and, if the holder is a corporation, the holder’s ABN or ACN;\n- (e) the address of the holder of the authority;\n- (f) if the authority is granted to a child—the name of the child’s parents;\n- (g) each category or species of animal to which the authority applies; Note— See also section 250 .\n- (h) if the authority applies to a particular number of animals of a particular species—the number; Note— See also section 251 .\n- (i) the premises that are the licensed premises for the authority;\n- (j) if the authority is for taking an animal—the place from where the animal may be taken;\n- (k) if the authority is a movement permit—the place where the animal may be moved from and to under the permit;\n- (l) if the authority is granted, or automatically issued, to a corporation—the name of the person in charge for the authority;\n- (m) any conditions imposed by the chief executive on the authority.","sortOrder":388},{"sectionNumber":"sec.250","sectionType":"section","heading":"Stating species on animal authority","content":"### sec.250 Stating species on animal authority\n\nThis section applies for stating a species of animal on an animal authority under section 249 (1) (g) .\nThe animal authority is taken to state—\nif the authority states a taxon of animal—each species of animal in the taxon; or\nif the authority states a class of wildlife—each species of animal in the class of wildlife; or\nif the authority states the name of a harvest period notice—each species of animal to which the notice applies.\nIf it is not practicable to state multiple species on an animal authority, or use an approach mentioned in subsection (2) , an animal authority may state the species of animal to which the authority applies by describing the species—\nby using plain English; and\nin a way that reasonably identifies all of the species.\n(sec.250-ssec.1) This section applies for stating a species of animal on an animal authority under section 249 (1) (g) .\n(sec.250-ssec.2) The animal authority is taken to state— if the authority states a taxon of animal—each species of animal in the taxon; or if the authority states a class of wildlife—each species of animal in the class of wildlife; or if the authority states the name of a harvest period notice—each species of animal to which the notice applies.\n(sec.250-ssec.3) If it is not practicable to state multiple species on an animal authority, or use an approach mentioned in subsection (2) , an animal authority may state the species of animal to which the authority applies by describing the species— by using plain English; and in a way that reasonably identifies all of the species.\n- (a) if the authority states a taxon of animal—each species of animal in the taxon; or\n- (b) if the authority states a class of wildlife—each species of animal in the class of wildlife; or\n- (c) if the authority states the name of a harvest period notice—each species of animal to which the notice applies.\n- (a) by using plain English; and\n- (b) in a way that reasonably identifies all of the species.","sortOrder":389},{"sectionNumber":"sec.251","sectionType":"section","heading":"Meaning of number on animal authority","content":"### sec.251 Meaning of number on animal authority\n\nSubsection (2) applies if an animal authority—\nhas a number (the stated number ) written opposite a species of animal to which the authority applies; and\ndoes not state what the stated number indicates.\nFor each species of animal mentioned in subsection (1) (a) , the authority applies, for the duration of the authority, to no more than the stated number of animals of that species.\nA harvesting licence has the following words and numbers written on it without any explanation about the meaning of the numbers—\ncarpet python—5\nspotted python—2.\nThe licence is for taking or keeping no more than 5 carpet pythons and no more than 2 spotted pythons for the whole duration of the licence.\nSubsection (4) applies if an animal authority —\nhas a number (also the stated number ) written opposite a species of animal to which the authority applies; and\nstates what the stated number indicates.\nFor each species of animal mentioned in subsection (3) (a) , the authority applies, in the way stated, to no more than the stated number of animals of that species.\nA rehabilitation permit has the following words and numbers written on it and states that the number indicates the number of animals to which the permit applies at any given time—\nbar-shouldered dove—3\nemerald dove—5.\nThe permit is for obtaining and keeping no more than 3 bar-shouldered doves, and no more than 5 emerald doves, at any given time while the permit has effect.\n(sec.251-ssec.1) Subsection (2) applies if an animal authority— has a number (the stated number ) written opposite a species of animal to which the authority applies; and does not state what the stated number indicates.\n(sec.251-ssec.2) For each species of animal mentioned in subsection (1) (a) , the authority applies, for the duration of the authority, to no more than the stated number of animals of that species. A harvesting licence has the following words and numbers written on it without any explanation about the meaning of the numbers— carpet python—5 spotted python—2. The licence is for taking or keeping no more than 5 carpet pythons and no more than 2 spotted pythons for the whole duration of the licence.\n(sec.251-ssec.3) Subsection (4) applies if an animal authority — has a number (also the stated number ) written opposite a species of animal to which the authority applies; and states what the stated number indicates.\n(sec.251-ssec.4) For each species of animal mentioned in subsection (3) (a) , the authority applies, in the way stated, to no more than the stated number of animals of that species. A rehabilitation permit has the following words and numbers written on it and states that the number indicates the number of animals to which the permit applies at any given time— bar-shouldered dove—3 emerald dove—5. The permit is for obtaining and keeping no more than 3 bar-shouldered doves, and no more than 5 emerald doves, at any given time while the permit has effect.\n- (a) has a number (the stated number ) written opposite a species of animal to which the authority applies; and\n- (b) does not state what the stated number indicates.\n- 1 carpet python—5\n- 2 spotted python—2.\n- (a) has a number (also the stated number ) written opposite a species of animal to which the authority applies; and\n- (b) states what the stated number indicates.\n- 1 bar-shouldered dove—3\n- 2 emerald dove—5.","sortOrder":390},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Term of authorities","content":"# Term of authorities","sortOrder":391},{"sectionNumber":"sec.252","sectionType":"section","heading":"Term","content":"### sec.252 Term\n\nAn animal authority is granted, or automatically issued, for the term stated in it.\nThe term must not be more than—\nif a conservation plan states a maximum term for the authority—the stated term; or\nSee the Nature Conservation (Macropod) Conservation Plan 2017 , section 33A in relation to the maximum term for a harvesting licence for harvest macropods.\notherwise—the maximum term stated in this part for the authority.\nSubject to part 5 , the authority ends at the end of the term.\ns 252 amd 2025 SL No. 125 s 34 sch 1 pt 1\n(sec.252-ssec.1) An animal authority is granted, or automatically issued, for the term stated in it.\n(sec.252-ssec.2) The term must not be more than— if a conservation plan states a maximum term for the authority—the stated term; or See the Nature Conservation (Macropod) Conservation Plan 2017 , section 33A in relation to the maximum term for a harvesting licence for harvest macropods. otherwise—the maximum term stated in this part for the authority.\n(sec.252-ssec.3) Subject to part 5 , the authority ends at the end of the term.\n- (a) if a conservation plan states a maximum term for the authority—the stated term; or Note— See the Nature Conservation (Macropod) Conservation Plan 2017 , section 33A in relation to the maximum term for a harvesting licence for harvest macropods.\n- (b) otherwise—the maximum term stated in this part for the authority.","sortOrder":392},{"sectionNumber":"sec.253","sectionType":"section","heading":"Maximum term for licences","content":"### sec.253 Maximum term for licences\n\nThe maximum term for each of the following animal authorities is as follows—\na standard licence—5 years;\na specialised licence—5 years;\nan advanced licence—5 years;\na harvesting licence—1 year;\na dealer licence—3 years;\nan interaction licence—1 year;\na farming licence—3 years.\n- (a) a standard licence—5 years;\n- (b) a specialised licence—5 years;\n- (c) an advanced licence—5 years;\n- (d) a harvesting licence—1 year;\n- (e) a dealer licence—3 years;\n- (f) an interaction licence—1 year;\n- (g) a farming licence—3 years.","sortOrder":393},{"sectionNumber":"sec.254","sectionType":"section","heading":"Maximum term for permits","content":"### sec.254 Maximum term for permits\n\nThe maximum term for each of the following animal authorities is as follows—\na damage mitigation (relocation) permit—3 years;\nanother damage mitigation permit—\nif the applicant is operating under an approved property management plan for the land to which the permit relates—3 years; or\notherwise—1 year;\na flying-fox roost management permit—\nif the applicant is operating under an approved property management plan for the land to which the permit relates—3 years; or\notherwise—1 year;\nan educational purposes permit—5 years;\na permit to keep—3 years;\na rehabilitation permit—3 years;\na research permit—5 years;\na movement permit—2 months.\nHowever, despite subsection (1) (e) and section 252 (2) (b) , the chief executive may grant a permit to keep for the life of a protected animal kept under the permit if—\nthe animal was injured when it was taken under a rehabilitation permit; and\nthe chief executive believes the animal is unlikely to survive in the wild, including, for example, because of the nature of the animal’s sickness or injury.\nIn this section—\napproved property management plan , for land, means a plan about the management of the land that—\nprovides for the conservation of animals on the land; and\nis approved by the chief executive.\ndamage mitigation (relocation) permit means a damage mitigation permit that is for 1 or more live animals, other than a flying-fox.\nsickness , of an animal, includes the animal behavioural disorder known as human imprinting.\n(sec.254-ssec.1) The maximum term for each of the following animal authorities is as follows— a damage mitigation (relocation) permit—3 years; another damage mitigation permit— if the applicant is operating under an approved property management plan for the land to which the permit relates—3 years; or otherwise—1 year; a flying-fox roost management permit— if the applicant is operating under an approved property management plan for the land to which the permit relates—3 years; or otherwise—1 year; an educational purposes permit—5 years; a permit to keep—3 years; a rehabilitation permit—3 years; a research permit—5 years; a movement permit—2 months.\n(sec.254-ssec.2) However, despite subsection (1) (e) and section 252 (2) (b) , the chief executive may grant a permit to keep for the life of a protected animal kept under the permit if— the animal was injured when it was taken under a rehabilitation permit; and the chief executive believes the animal is unlikely to survive in the wild, including, for example, because of the nature of the animal’s sickness or injury.\n(sec.254-ssec.3) In this section— approved property management plan , for land, means a plan about the management of the land that— provides for the conservation of animals on the land; and is approved by the chief executive. damage mitigation (relocation) permit means a damage mitigation permit that is for 1 or more live animals, other than a flying-fox. sickness , of an animal, includes the animal behavioural disorder known as human imprinting.\n- (a) a damage mitigation (relocation) permit—3 years;\n- (b) another damage mitigation permit— (i) if the applicant is operating under an approved property management plan for the land to which the permit relates—3 years; or (ii) otherwise—1 year;\n- (i) if the applicant is operating under an approved property management plan for the land to which the permit relates—3 years; or\n- (ii) otherwise—1 year;\n- (c) a flying-fox roost management permit— (i) if the applicant is operating under an approved property management plan for the land to which the permit relates—3 years; or (ii) otherwise—1 year;\n- (i) if the applicant is operating under an approved property management plan for the land to which the permit relates—3 years; or\n- (ii) otherwise—1 year;\n- (d) an educational purposes permit—5 years;\n- (e) a permit to keep—3 years;\n- (f) a rehabilitation permit—3 years;\n- (g) a research permit—5 years;\n- (h) a movement permit—2 months.\n- (i) if the applicant is operating under an approved property management plan for the land to which the permit relates—3 years; or\n- (ii) otherwise—1 year;\n- (i) if the applicant is operating under an approved property management plan for the land to which the permit relates—3 years; or\n- (ii) otherwise—1 year;\n- (a) the animal was injured when it was taken under a rehabilitation permit; and\n- (b) the chief executive believes the animal is unlikely to survive in the wild, including, for example, because of the nature of the animal’s sickness or injury.\n- (a) provides for the conservation of animals on the land; and\n- (b) is approved by the chief executive.","sortOrder":394},{"sectionNumber":"sec.255","sectionType":"section","heading":"Maximum term for collection authorities","content":"### sec.255 Maximum term for collection authorities\n\nThe maximum term for each of the following animal authorities is as follows—\na least concern animal collection authority—6 months;\na dead animal collection authority—5 years.\n- (a) a least concern animal collection authority—6 months;\n- (b) a dead animal collection authority—5 years.","sortOrder":395},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Renewal of particular licences","content":"# Renewal of particular licences","sortOrder":396},{"sectionNumber":"ch.5-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":397},{"sectionNumber":"sec.256","sectionType":"section","heading":"Definitions for part","content":"### sec.256 Definitions for part\n\nIn this part—\nexisting activities , of an applicant who is the holder of an existing licence, means activities that may be carried out by the applicant under the licence before the licence is renewed under this part.\nexisting licence means a renewable licence in relation to which an application for renewal is made under this part.\nintended activities , of an applicant who is the holder of an existing licence, means activities the applicant intends to carry out under the licence if the licence is renewed under this part.","sortOrder":398},{"sectionNumber":"sec.257","sectionType":"section","heading":"Application of part","content":"### sec.257 Application of part\n\nThis part applies in relation to the renewal of a standard licence, a specialised licence or an advanced licence (each a renewable licence ).","sortOrder":399},{"sectionNumber":"sec.257A","sectionType":"section","heading":"When intended activities are not substantially the same as existing activities","content":"### sec.257A When intended activities are not substantially the same as existing activities\n\nFor this part, the intended activities of the applicant are taken not to be substantially the same as the existing activities of the applicant if the intended activities—\nare of a different type compared to the existing activities; or\nmay be, or are intended to be, carried out at a different location from the existing activities; or\nare of a greater scale compared to the existing activities.\nIn this section—\nscale , of intended activities, includes the number of people, vehicles, structures or animals in relation to the intended activities.\ns 257A (prev s 261) reloc and renum 2025 SL No. 125 s 16\n(sec.257A-ssec.1) For this part, the intended activities of the applicant are taken not to be substantially the same as the existing activities of the applicant if the intended activities— are of a different type compared to the existing activities; or may be, or are intended to be, carried out at a different location from the existing activities; or are of a greater scale compared to the existing activities.\n(sec.257A-ssec.2) In this section— scale , of intended activities, includes the number of people, vehicles, structures or animals in relation to the intended activities.\n- (a) are of a different type compared to the existing activities; or\n- (b) may be, or are intended to be, carried out at a different location from the existing activities; or\n- (c) are of a greater scale compared to the existing activities.","sortOrder":400},{"sectionNumber":"ch.5-pt.5-div.2","sectionType":"division","heading":"Automatic renewals","content":"## Automatic renewals","sortOrder":401},{"sectionNumber":"sec.257B","sectionType":"section","heading":"Application and purpose of division","content":"### sec.257B Application and purpose of division\n\nThis division applies in relation to a renewable licence (a prescribed renewable licence ) that is prescribed, for section 143B (1) (b) of the Act , as a type of relevant authority that may be automatically renewed by the operation of the authority management system.\nSee also sections 88A (2) , 99A (2) and 112A (2) .\nFor section 143B (1) (c) of the Act , this division prescribes the way in which a prescribed renewable licence may be automatically renewed by the operation of the authority management system.\ns 257B ins 2025 SL No. 125 s 14\n(sec.257B-ssec.1) This division applies in relation to a renewable licence (a prescribed renewable licence ) that is prescribed, for section 143B (1) (b) of the Act , as a type of relevant authority that may be automatically renewed by the operation of the authority management system. See also sections 88A (2) , 99A (2) and 112A (2) .\n(sec.257B-ssec.2) For section 143B (1) (c) of the Act , this division prescribes the way in which a prescribed renewable licence may be automatically renewed by the operation of the authority management system.","sortOrder":402},{"sectionNumber":"sec.257C","sectionType":"section","heading":"Applications for renewal","content":"### sec.257C Applications for renewal\n\nThe holder of a prescribed renewable licence may apply for the licence to be automatically renewed, by the operation of the authority management system, as a renewable licence of—\nthe same type as the existing licence; or\na different type to the existing licence.\nThe application must—\nbe made using the authority management system; and\nstate the applicant particulars; and\nbe made during the period—\nstarting 40 business days before the existing licence ends; and\nending on the day the existing licence ends; and\nbe accompanied by the prescribed fee for the application.\nThe existing licence is taken to continue in effect from the day the licence would otherwise have ended until—\nif the application is withdrawn—the day the application is withdrawn; or\nif the licence is automatically renewed—the day the applicant receives the renewed licence; or\nif the licence cannot be automatically renewed—the day the notice mentioned in section 257F (2) is given to the holder.\nSee also section 260 if section 257F applies in relation to the application to renew the existing licence.\nThis section does not prevent the existing licence from being suspended or cancelled under this regulation.\ns 257C ins 2025 SL No. 125 s 14\n(sec.257C-ssec.1) The holder of a prescribed renewable licence may apply for the licence to be automatically renewed, by the operation of the authority management system, as a renewable licence of— the same type as the existing licence; or a different type to the existing licence.\n(sec.257C-ssec.2) The application must— be made using the authority management system; and state the applicant particulars; and be made during the period— starting 40 business days before the existing licence ends; and ending on the day the existing licence ends; and be accompanied by the prescribed fee for the application.\n(sec.257C-ssec.3) The existing licence is taken to continue in effect from the day the licence would otherwise have ended until— if the application is withdrawn—the day the application is withdrawn; or if the licence is automatically renewed—the day the applicant receives the renewed licence; or if the licence cannot be automatically renewed—the day the notice mentioned in section 257F (2) is given to the holder. See also section 260 if section 257F applies in relation to the application to renew the existing licence.\n(sec.257C-ssec.4) This section does not prevent the existing licence from being suspended or cancelled under this regulation.\n- (a) the same type as the existing licence; or\n- (b) a different type to the existing licence.\n- (a) be made using the authority management system; and\n- (b) state the applicant particulars; and\n- (c) be made during the period— (i) starting 40 business days before the existing licence ends; and (ii) ending on the day the existing licence ends; and\n- (i) starting 40 business days before the existing licence ends; and\n- (ii) ending on the day the existing licence ends; and\n- (d) be accompanied by the prescribed fee for the application.\n- (i) starting 40 business days before the existing licence ends; and\n- (ii) ending on the day the existing licence ends; and\n- (a) if the application is withdrawn—the day the application is withdrawn; or\n- (b) if the licence is automatically renewed—the day the applicant receives the renewed licence; or\n- (c) if the licence cannot be automatically renewed—the day the notice mentioned in section 257F (2) is given to the holder.","sortOrder":403},{"sectionNumber":"sec.257D","sectionType":"section","heading":"Automatic renewal of licences","content":"### sec.257D Automatic renewal of licences\n\nAn existing licence that is a prescribed renewable licence is to be renewed automatically by the operation of the authority management system only if—\nthe applicant for the renewal states the matters in section 257E ; and\nthe applicant for the renewal makes all the required declarations; and\nthe licence could be automatically issued to the applicant under chapter 4 , if the application were an application for the automatic issue of the licence.\nThe renewed licence is subject to the conditions applying in relation to the licence under chapter 4 .\nDespite section 257C (3) (b) , the term of the renewed licence is taken to have started immediately after the day the existing licence would otherwise have ended.\ns 257D ins 2025 SL No. 125 s 14\n(sec.257D-ssec.1) An existing licence that is a prescribed renewable licence is to be renewed automatically by the operation of the authority management system only if— the applicant for the renewal states the matters in section 257E ; and the applicant for the renewal makes all the required declarations; and the licence could be automatically issued to the applicant under chapter 4 , if the application were an application for the automatic issue of the licence.\n(sec.257D-ssec.2) The renewed licence is subject to the conditions applying in relation to the licence under chapter 4 .\n(sec.257D-ssec.3) Despite section 257C (3) (b) , the term of the renewed licence is taken to have started immediately after the day the existing licence would otherwise have ended.\n- (a) the applicant for the renewal states the matters in section 257E ; and\n- (b) the applicant for the renewal makes all the required declarations; and\n- (c) the licence could be automatically issued to the applicant under chapter 4 , if the application were an application for the automatic issue of the licence.","sortOrder":404},{"sectionNumber":"sec.257E","sectionType":"section","heading":"Matters stated for renewal of licence","content":"### sec.257E Matters stated for renewal of licence\n\nFor section 257D (1) (a) , the matters are—\nthe type of renewable licence the applicant is applying for; and\nif the applicant is applying for a renewable licence of the same type as the existing licence—that the intended activities of the applicant are the same, or substantially the same, as the existing activities; and\nthe matters the applicant would be required to state if the application were an application for the automatic issue of a renewable licence of the type mentioned in paragraph (a) .\nSee section 237 .\ns 257E ins 2025 SL No. 125 s 14\n- (a) the type of renewable licence the applicant is applying for; and\n- (b) if the applicant is applying for a renewable licence of the same type as the existing licence—that the intended activities of the applicant are the same, or substantially the same, as the existing activities; and\n- (c) the matters the applicant would be required to state if the application were an application for the automatic issue of a renewable licence of the type mentioned in paragraph (a) . Note— See section 237 .","sortOrder":405},{"sectionNumber":"sec.257F","sectionType":"section","heading":"Particular applications to be decided by chief executive","content":"### sec.257F Particular applications to be decided by chief executive\n\nThis section applies if—\na person makes an application for the renewal of an existing licence under section 257C ; and\nthe licence cannot be renewed by the operation of the authority management system under section 257D .\nAs soon as practicable after the application is made, the applicant must be given a notice, whether by the operation of the authority management system or in another way, stating—\nthe licence cannot be automatically renewed; and\nthe application must be decided under division 3 by the chief executive.\nDivision 3 applies in relation to the application as if it were made—\nunder section 258 to the chief executive for the renewal of the existing licence; and\non the day the notice was given to the person under subsection (2) .\nHowever, section 258 (2) does not apply in relation to the application.\ns 257F ins 2025 SL No. 125 s 14\n(sec.257F-ssec.1) This section applies if— a person makes an application for the renewal of an existing licence under section 257C ; and the licence cannot be renewed by the operation of the authority management system under section 257D .\n(sec.257F-ssec.2) As soon as practicable after the application is made, the applicant must be given a notice, whether by the operation of the authority management system or in another way, stating— the licence cannot be automatically renewed; and the application must be decided under division 3 by the chief executive.\n(sec.257F-ssec.3) Division 3 applies in relation to the application as if it were made— under section 258 to the chief executive for the renewal of the existing licence; and on the day the notice was given to the person under subsection (2) .\n(sec.257F-ssec.4) However, section 258 (2) does not apply in relation to the application.\n- (a) a person makes an application for the renewal of an existing licence under section 257C ; and\n- (b) the licence cannot be renewed by the operation of the authority management system under section 257D .\n- (a) the licence cannot be automatically renewed; and\n- (b) the application must be decided under division 3 by the chief executive.\n- (a) under section 258 to the chief executive for the renewal of the existing licence; and\n- (b) on the day the notice was given to the person under subsection (2) .","sortOrder":406},{"sectionNumber":"ch.5-pt.5-div.3","sectionType":"division","heading":"Other renewals","content":"## Other renewals","sortOrder":407},{"sectionNumber":"sec.258","sectionType":"section","heading":"Applications for renewal","content":"### sec.258 Applications for renewal\n\nThe holder of a renewable licence may apply to the chief executive to renew the licence as a renewable licence of—\nthe same type as the existing licence; or\na different type to the existing licence.\nThe application must—\nbe in the approved form; and\nbe made during the period—\nstarting 40 business days before the existing licence ends; and\nending on the day the existing licence ends; and\nbe supported by enough information to enable the application to be decided; and\nbe accompanied by the prescribed fee for the application; and\ncomply with any other requirements applying to the application under a conservation plan.\ns 258 amd 2025 SL No. 125 s 34 sch 1 pt 2\n(sec.258-ssec.1) The holder of a renewable licence may apply to the chief executive to renew the licence as a renewable licence of— the same type as the existing licence; or a different type to the existing licence.\n(sec.258-ssec.2) The application must— be in the approved form; and be made during the period— starting 40 business days before the existing licence ends; and ending on the day the existing licence ends; and be supported by enough information to enable the application to be decided; and be accompanied by the prescribed fee for the application; and comply with any other requirements applying to the application under a conservation plan.\n- (a) the same type as the existing licence; or\n- (b) a different type to the existing licence.\n- (a) be in the approved form; and\n- (b) be made during the period— (i) starting 40 business days before the existing licence ends; and (ii) ending on the day the existing licence ends; and\n- (i) starting 40 business days before the existing licence ends; and\n- (ii) ending on the day the existing licence ends; and\n- (c) be supported by enough information to enable the application to be decided; and\n- (d) be accompanied by the prescribed fee for the application; and\n- (e) comply with any other requirements applying to the application under a conservation plan.\n- (i) starting 40 business days before the existing licence ends; and\n- (ii) ending on the day the existing licence ends; and","sortOrder":408},{"sectionNumber":"sec.259","sectionType":"section","heading":"Existing licence continues in effect until application decided","content":"### sec.259 Existing licence continues in effect until application decided\n\nIf an application for the renewal of an existing licence is made, the existing licence is taken to continue in effect from the day the licence would otherwise have ended until—\nif the application is withdrawn—the day the application is withdrawn; or\nif the application is granted—the day of the decision to grant the application; or\nif the application is refused—the later of the following days—\nthe day the information notice mentioned in section 261 (4) is given to the holder;\nthe day stated in the information notice mentioned in section 261 (4) .\nThis section does not prevent the existing licence from being suspended or cancelled under this regulation.\ns 259 amd 2025 SL No. 125 s 34 sch 1 pt 2\n(sec.259-ssec.1) If an application for the renewal of an existing licence is made, the existing licence is taken to continue in effect from the day the licence would otherwise have ended until— if the application is withdrawn—the day the application is withdrawn; or if the application is granted—the day of the decision to grant the application; or if the application is refused—the later of the following days— the day the information notice mentioned in section 261 (4) is given to the holder; the day stated in the information notice mentioned in section 261 (4) .\n(sec.259-ssec.2) This section does not prevent the existing licence from being suspended or cancelled under this regulation.\n- (a) if the application is withdrawn—the day the application is withdrawn; or\n- (b) if the application is granted—the day of the decision to grant the application; or\n- (c) if the application is refused—the later of the following days— (i) the day the information notice mentioned in section 261 (4) is given to the holder; (ii) the day stated in the information notice mentioned in section 261 (4) .\n- (i) the day the information notice mentioned in section 261 (4) is given to the holder;\n- (ii) the day stated in the information notice mentioned in section 261 (4) .\n- (i) the day the information notice mentioned in section 261 (4) is given to the holder;\n- (ii) the day stated in the information notice mentioned in section 261 (4) .","sortOrder":409},{"sectionNumber":"sec.260","sectionType":"section","heading":"Considering and deciding application","content":"### sec.260 Considering and deciding application\n\nPart 2 , division 3 and part 2A apply to an application for the renewal of an existing licence as if a reference to an application for an animal authority were a reference to an application for the renewal of the existing licence.\nIn addition to the matters mentioned in section 241 , the chief executive must consider the application having regard to—\nwhether the existing licence was obtained on the basis of false or misleading information; or\nwhether the applicant, or a relevant person for the applicant, has failed to comply with a condition of the existing licence.\nThe chief executive must consider the application and decide to—\nrenew the existing licence as a renewable licence of—\nthe same type as the existing licence, with or without conditions decided by the chief executive; or\na different type to the existing licence, with or without conditions decided by the chief executive; or\nrefuse the application.\nThe chief executive may renew an existing licence as a renewable licence of a particular type only if a renewable licence of that type can be granted to the applicant under chapter 4 and part 2 .\nAlso, if the application was made using the authority management system, the chief executive may renew the existing licence only if the holder makes all the required declarations.\nThe chief executive must not renew an existing licence as a renewable licence of the same type as the existing licence if the chief executive believes the intended activities of the applicant will not be the same, or substantially the same, as the existing activities of the applicant.\nSee also section 257A .\nThe chief executive must decide the application—\nif, under section 242 , as applied under subsection (1) , the chief executive asks for further information or a document—within 40 business days after receiving the information or document; or\notherwise—within 40 business days after receiving the application.\ns 260 amd 2025 SL No. 125 s 15\n(sec.260-ssec.1) Part 2 , division 3 and part 2A apply to an application for the renewal of an existing licence as if a reference to an application for an animal authority were a reference to an application for the renewal of the existing licence.\n(sec.260-ssec.2) In addition to the matters mentioned in section 241 , the chief executive must consider the application having regard to— whether the existing licence was obtained on the basis of false or misleading information; or whether the applicant, or a relevant person for the applicant, has failed to comply with a condition of the existing licence.\n(sec.260-ssec.3) The chief executive must consider the application and decide to— renew the existing licence as a renewable licence of— the same type as the existing licence, with or without conditions decided by the chief executive; or a different type to the existing licence, with or without conditions decided by the chief executive; or refuse the application.\n(sec.260-ssec.4) The chief executive may renew an existing licence as a renewable licence of a particular type only if a renewable licence of that type can be granted to the applicant under chapter 4 and part 2 .\n(sec.260-ssec.5) Also, if the application was made using the authority management system, the chief executive may renew the existing licence only if the holder makes all the required declarations.\n(sec.260-ssec.6) The chief executive must not renew an existing licence as a renewable licence of the same type as the existing licence if the chief executive believes the intended activities of the applicant will not be the same, or substantially the same, as the existing activities of the applicant. See also section 257A .\n(sec.260-ssec.7) The chief executive must decide the application— if, under section 242 , as applied under subsection (1) , the chief executive asks for further information or a document—within 40 business days after receiving the information or document; or otherwise—within 40 business days after receiving the application.\n- (a) whether the existing licence was obtained on the basis of false or misleading information; or\n- (b) whether the applicant, or a relevant person for the applicant, has failed to comply with a condition of the existing licence.\n- (a) renew the existing licence as a renewable licence of— (i) the same type as the existing licence, with or without conditions decided by the chief executive; or (ii) a different type to the existing licence, with or without conditions decided by the chief executive; or\n- (i) the same type as the existing licence, with or without conditions decided by the chief executive; or\n- (ii) a different type to the existing licence, with or without conditions decided by the chief executive; or\n- (b) refuse the application.\n- (i) the same type as the existing licence, with or without conditions decided by the chief executive; or\n- (ii) a different type to the existing licence, with or without conditions decided by the chief executive; or\n- (a) if, under section 242 , as applied under subsection (1) , the chief executive asks for further information or a document—within 40 business days after receiving the information or document; or\n- (b) otherwise—within 40 business days after receiving the application.","sortOrder":410},{"sectionNumber":"sec.261","sectionType":"section","heading":"Steps to be taken after application decided","content":"### sec.261 Steps to be taken after application decided\n\nIf the chief executive decides to renew an existing licence, the chief executive must, as soon as practicable after making the decision, give the applicant the licence, as renewed under this part.\nDespite section 259 (1) (b) , the term of the licence, as renewed under this part, is taken to have started immediately after the day the existing licence would otherwise have ended.\nSubsection (4) applies if the chief executive decides to do any of the following—\nrefuse the application;\nrenew the existing licence as a renewable licence of a different type than the type applied for;\nrenew the existing licence, as a renewable licence of the same or a different type, with conditions.\nThe chief executive must, as soon as practicable after making the decision, give the applicant—\nan information notice for the decision; and\nif the chief executive decides to refuse the application—a notice stating that the refusal does not prevent the applicant from applying for a new animal authority under part 1 or 2 .\nHowever, subsection (4) does not apply in relation to the renewal of an existing licence on a condition that—\napplied to the existing licence immediately before its renewal; or\nthe applicant sought in the application for renewal.\nA document mentioned in subsection (1) or (4) may be given to the applicant using the authority management system or in another way.\ns 261 (prev s 262) amd 2025 SL No. 125 s 17 (1) – (2)\nrenum 2025 SL No. 125 s 17 (3)\n(sec.261-ssec.1) If the chief executive decides to renew an existing licence, the chief executive must, as soon as practicable after making the decision, give the applicant the licence, as renewed under this part.\n(sec.261-ssec.2) Despite section 259 (1) (b) , the term of the licence, as renewed under this part, is taken to have started immediately after the day the existing licence would otherwise have ended.\n(sec.261-ssec.3) Subsection (4) applies if the chief executive decides to do any of the following— refuse the application; renew the existing licence as a renewable licence of a different type than the type applied for; renew the existing licence, as a renewable licence of the same or a different type, with conditions.\n(sec.261-ssec.4) The chief executive must, as soon as practicable after making the decision, give the applicant— an information notice for the decision; and if the chief executive decides to refuse the application—a notice stating that the refusal does not prevent the applicant from applying for a new animal authority under part 1 or 2 .\n(sec.261-ssec.5) However, subsection (4) does not apply in relation to the renewal of an existing licence on a condition that— applied to the existing licence immediately before its renewal; or the applicant sought in the application for renewal.\n(sec.261-ssec.6) A document mentioned in subsection (1) or (4) may be given to the applicant using the authority management system or in another way.\n- (a) refuse the application;\n- (b) renew the existing licence as a renewable licence of a different type than the type applied for;\n- (c) renew the existing licence, as a renewable licence of the same or a different type, with conditions.\n- (a) an information notice for the decision; and\n- (b) if the chief executive decides to refuse the application—a notice stating that the refusal does not prevent the applicant from applying for a new animal authority under part 1 or 2 .\n- (a) applied to the existing licence immediately before its renewal; or\n- (b) the applicant sought in the application for renewal.","sortOrder":411},{"sectionNumber":"ch.5-pt.6","sectionType":"part","heading":"Amendment, suspension or cancellation of authorities","content":"# Amendment, suspension or cancellation of authorities","sortOrder":412},{"sectionNumber":"ch.5-pt.6-div.1A","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":413},{"sectionNumber":"sec.262","sectionType":"section","heading":"Definition for part","content":"### sec.262 Definition for part\n\nIn this part—\nlicence type amendment means an amendment to change—\na standard licence to a specialised licence or an advanced licence; or\na specialised licence to an advanced licence.\ns 262 ins 2025 SL No. 125 s 18\n- (a) a standard licence to a specialised licence or an advanced licence; or\n- (b) a specialised licence to an advanced licence.","sortOrder":414},{"sectionNumber":"ch.5-pt.6-div.1","sectionType":"division","heading":"Minor amendments","content":"## Minor amendments","sortOrder":415},{"sectionNumber":"sec.263","sectionType":"section","heading":"Minor amendments by chief executive","content":"### sec.263 Minor amendments by chief executive\n\nThis section applies if—\nthe chief executive believes an animal authority should be amended; and\nthe proposed amendment is a minor amendment.\nThe chief executive may amend the animal authority by giving the holder of the authority notice of the amendment.\nThe notice must state the reasons for the amendment.\nThe amendment takes effect on the later of the following days—\nthe day the notice is given to the holder;\nthe day of effect stated in the notice.\nThe effect of the amendment does not depend on the amendment being noted on the authority.\nSee, however, section 276 .\nIn this section—\nminor amendment , of an animal authority, means an amendment that—\nremoves a condition imposed by the chief executive on the authority, if the removal does not adversely affect the interests of the holder of the authority; or\ncorrects an error; or\nmakes another minor change that is not substantial and does not adversely affect the interests of the holder of the authority.\n(sec.263-ssec.1) This section applies if— the chief executive believes an animal authority should be amended; and the proposed amendment is a minor amendment.\n(sec.263-ssec.2) The chief executive may amend the animal authority by giving the holder of the authority notice of the amendment.\n(sec.263-ssec.3) The notice must state the reasons for the amendment.\n(sec.263-ssec.4) The amendment takes effect on the later of the following days— the day the notice is given to the holder; the day of effect stated in the notice.\n(sec.263-ssec.5) The effect of the amendment does not depend on the amendment being noted on the authority. See, however, section 276 .\n(sec.263-ssec.6) In this section— minor amendment , of an animal authority, means an amendment that— removes a condition imposed by the chief executive on the authority, if the removal does not adversely affect the interests of the holder of the authority; or corrects an error; or makes another minor change that is not substantial and does not adversely affect the interests of the holder of the authority.\n- (a) the chief executive believes an animal authority should be amended; and\n- (b) the proposed amendment is a minor amendment.\n- (a) the day the notice is given to the holder;\n- (b) the day of effect stated in the notice.\n- (a) removes a condition imposed by the chief executive on the authority, if the removal does not adversely affect the interests of the holder of the authority; or\n- (b) corrects an error; or\n- (c) makes another minor change that is not substantial and does not adversely affect the interests of the holder of the authority.","sortOrder":416},{"sectionNumber":"ch.5-pt.6-div.2","sectionType":"division","heading":"Amendments by application","content":"## Amendments by application","sortOrder":417},{"sectionNumber":"sec.264","sectionType":"section","heading":"Application of subdivision","content":"### sec.264 Application of subdivision\n\nThis subdivision applies if—\nthe holder of an animal authority believes an amendment should be made to the authority, including, for example, a licence type amendment; and\nthe proposed amendment is not an amendment to change—\nan advanced licence to a specialised licence or a standard licence; or\na specialised licence to a standard licence; or\nan animal authority, other than a standard licence, a specialised licence or an advanced licence, to another type of animal authority.\ns 264 amd 2025 SL No. 125 ss 20 , 34 sch 1 pt 2\n- (a) the holder of an animal authority believes an amendment should be made to the authority, including, for example, a licence type amendment; and\n- (b) the proposed amendment is not an amendment to change— (i) an advanced licence to a specialised licence or a standard licence; or (ii) a specialised licence to a standard licence; or (iii) an animal authority, other than a standard licence, a specialised licence or an advanced licence, to another type of animal authority.\n- (i) an advanced licence to a specialised licence or a standard licence; or\n- (ii) a specialised licence to a standard licence; or\n- (iii) an animal authority, other than a standard licence, a specialised licence or an advanced licence, to another type of animal authority.\n- (i) an advanced licence to a specialised licence or a standard licence; or\n- (ii) a specialised licence to a standard licence; or\n- (iii) an animal authority, other than a standard licence, a specialised licence or an advanced licence, to another type of animal authority.","sortOrder":418},{"sectionNumber":"sec.264A","sectionType":"section","heading":"Definition for subdivision","content":"### sec.264A Definition for subdivision\n\nIn this subdivision—\nrelevant amendment means—\na licence type amendment; or\na change mentioned in section 80A (1) (e) .\ns 264A ins 2025 SL No. 125 s 21\n- (a) a licence type amendment; or\n- (b) a change mentioned in section 80A (1) (e) .","sortOrder":419},{"sectionNumber":"sec.264B","sectionType":"section","heading":"Application and purpose of subdivision","content":"### sec.264B Application and purpose of subdivision\n\nThis subdivision applies in relation to an animal authority (a prescribed authority ) that is prescribed, for section 143B (1) (b) of the Act , as a type of relevant authority that may be automatically amended by the operation of the authority management system.\nSee also sections 88A (2) , 99A (2) and 112A (2) .\nFor section 143B (1) (c) of the Act , this subdivision prescribes the way in which a prescribed authority may be automatically amended by the operation of the authority management system.\ns 264B ins 2025 SL No. 125 s 21\n(sec.264B-ssec.1) This subdivision applies in relation to an animal authority (a prescribed authority ) that is prescribed, for section 143B (1) (b) of the Act , as a type of relevant authority that may be automatically amended by the operation of the authority management system. See also sections 88A (2) , 99A (2) and 112A (2) .\n(sec.264B-ssec.2) For section 143B (1) (c) of the Act , this subdivision prescribes the way in which a prescribed authority may be automatically amended by the operation of the authority management system.","sortOrder":420},{"sectionNumber":"sec.264C","sectionType":"section","heading":"Applications for amendment","content":"### sec.264C Applications for amendment\n\nThe holder of a prescribed authority may apply for a relevant amendment to be made to the authority by the operation of the authority management system.\nThe application must—\nbe made using the authority management system; and\nstate the applicant particulars; and\nbe accompanied by the prescribed fee for the application.\ns 264C ins 2025 SL No. 125 s 21\n(sec.264C-ssec.1) The holder of a prescribed authority may apply for a relevant amendment to be made to the authority by the operation of the authority management system.\n(sec.264C-ssec.2) The application must— be made using the authority management system; and state the applicant particulars; and be accompanied by the prescribed fee for the application.\n- (a) be made using the authority management system; and\n- (b) state the applicant particulars; and\n- (c) be accompanied by the prescribed fee for the application.","sortOrder":421},{"sectionNumber":"sec.264D","sectionType":"section","heading":"Automatic amendment of authorities","content":"### sec.264D Automatic amendment of authorities\n\nA relevant amendment is to be automatically made to the prescribed authority by the operation of the authority management system only if the holder—\nmakes all the required declarations; and\nstates the matters in section 264E .\nIf the amendment made is a licence type amendment, the amendment does not affect the term of the authority.\nThe effect of the amendment does not depend on the amendment being noted on the animal authority.\nSee, however, section 276 .\ns 264D ins 2025 SL No. 125 s 21\n(sec.264D-ssec.1) A relevant amendment is to be automatically made to the prescribed authority by the operation of the authority management system only if the holder— makes all the required declarations; and states the matters in section 264E .\n(sec.264D-ssec.2) If the amendment made is a licence type amendment, the amendment does not affect the term of the authority.\n(sec.264D-ssec.3) The effect of the amendment does not depend on the amendment being noted on the animal authority. See, however, section 276 .\n- (a) makes all the required declarations; and\n- (b) states the matters in section 264E .","sortOrder":422},{"sectionNumber":"sec.264E","sectionType":"section","heading":"Matters stated for amendment of authority","content":"### sec.264E Matters stated for amendment of authority\n\nFor section 264D (1) (b) , the matters are—\nthe relevant amendment the applicant is applying for; and\nif the applicant is an individual—the applicant is an adult.\ns 264E ins 2025 SL No. 125 s 21\n- (a) the relevant amendment the applicant is applying for; and\n- (b) if the applicant is an individual—the applicant is an adult.","sortOrder":423},{"sectionNumber":"sec.264F","sectionType":"section","heading":"Particular applications to be decided by chief executive","content":"### sec.264F Particular applications to be decided by chief executive\n\nThis section applies if—\nthe holder of a prescribed authority makes an application to amend the authority under section 264C ; and\nthe authority cannot be amended by the operation of the authority management system under section 264D .\nThe amendment applied for is not a relevant amendment.\nAs soon as practicable after the application is made, the holder must be given a notice, whether by the operation of the authority management system or in another way, stating—\nthe prescribed authority cannot be automatically amended; and\nthe application must be decided by the chief executive under subdivision 3 .\nSubdivision 3 applies in relation to the application as if it were made—\nunder section 265 to the chief executive for the amendment of the prescribed authority; and\non the day the notice was given to the person under subsection (2) .\nHowever, section 265 (2) does not apply in relation to the application.\ns 264F ins 2025 SL No. 125 s 21\n(sec.264F-ssec.1) This section applies if— the holder of a prescribed authority makes an application to amend the authority under section 264C ; and the authority cannot be amended by the operation of the authority management system under section 264D . The amendment applied for is not a relevant amendment.\n(sec.264F-ssec.2) As soon as practicable after the application is made, the holder must be given a notice, whether by the operation of the authority management system or in another way, stating— the prescribed authority cannot be automatically amended; and the application must be decided by the chief executive under subdivision 3 .\n(sec.264F-ssec.3) Subdivision 3 applies in relation to the application as if it were made— under section 265 to the chief executive for the amendment of the prescribed authority; and on the day the notice was given to the person under subsection (2) .\n(sec.264F-ssec.4) However, section 265 (2) does not apply in relation to the application.\n- (a) the holder of a prescribed authority makes an application to amend the authority under section 264C ; and\n- (b) the authority cannot be amended by the operation of the authority management system under section 264D . Example— The amendment applied for is not a relevant amendment.\n- (a) the prescribed authority cannot be automatically amended; and\n- (b) the application must be decided by the chief executive under subdivision 3 .\n- (a) under section 265 to the chief executive for the amendment of the prescribed authority; and\n- (b) on the day the notice was given to the person under subsection (2) .","sortOrder":424},{"sectionNumber":"sec.265","sectionType":"section","heading":"Applications for amendment","content":"### sec.265 Applications for amendment\n\nThe holder may apply to the chief executive for the amendment of the authority.\nThe application must be—\nin the approved form; and\naccompanied by the prescribed fee for the application.\ns 265 amd 2025 SL No. 125 s 22\n(sec.265-ssec.1) The holder may apply to the chief executive for the amendment of the authority.\n(sec.265-ssec.2) The application must be— in the approved form; and accompanied by the prescribed fee for the application.\n- (a) in the approved form; and\n- (b) accompanied by the prescribed fee for the application.","sortOrder":425},{"sectionNumber":"sec.266","sectionType":"section","heading":"Chief executive may require further information or document","content":"### sec.266 Chief executive may require further information or document\n\nBefore deciding an application for the amendment of an animal authority to which this subdivision applies, the chief executive may ask the holder for further information or a document the chief executive requires to decide the application.\nThe chief executive may require the information or document to be verified by a statutory declaration.\nThe chief executive may give the holder a notice asking the holder to give the information or document by the day stated in the notice.\nA notice given under subsection (3) must—\nbe given to the holder within 20 business days after the chief executive receives the application; and\nstate a reasonable period, of at least 20 business days after the notice is given to the holder, within which the information or document must be given to the chief executive.\nThe holder is taken to have withdrawn the application if the holder does not comply with the request within—\nif the chief executive has given a notice to the holder under subsection (3) —the period stated in the notice; or\notherwise—a reasonable period.\nThe chief executive may extend a period mentioned in subsection (5) .\ns 266 amd 2025 SL No. 125 s 34 sch 1 pt 2\n(sec.266-ssec.1) Before deciding an application for the amendment of an animal authority to which this subdivision applies, the chief executive may ask the holder for further information or a document the chief executive requires to decide the application.\n(sec.266-ssec.2) The chief executive may require the information or document to be verified by a statutory declaration.\n(sec.266-ssec.3) The chief executive may give the holder a notice asking the holder to give the information or document by the day stated in the notice.\n(sec.266-ssec.4) A notice given under subsection (3) must— be given to the holder within 20 business days after the chief executive receives the application; and state a reasonable period, of at least 20 business days after the notice is given to the holder, within which the information or document must be given to the chief executive.\n(sec.266-ssec.5) The holder is taken to have withdrawn the application if the holder does not comply with the request within— if the chief executive has given a notice to the holder under subsection (3) —the period stated in the notice; or otherwise—a reasonable period.\n(sec.266-ssec.6) The chief executive may extend a period mentioned in subsection (5) .\n- (a) be given to the holder within 20 business days after the chief executive receives the application; and\n- (b) state a reasonable period, of at least 20 business days after the notice is given to the holder, within which the information or document must be given to the chief executive.\n- (a) if the chief executive has given a notice to the holder under subsection (3) —the period stated in the notice; or\n- (b) otherwise—a reasonable period.","sortOrder":426},{"sectionNumber":"sec.267","sectionType":"section","heading":"Amending application","content":"### sec.267 Amending application\n\nIf the holder of an animal authority makes an application to amend the authority under this subdivision, the holder may amend the application if—\nthe chief executive has not finished considering whether to grant the application; and\nthe chief executive agrees to the amendment of the application.\ns 267 amd 2025 SL No. 125 s 34 sch 1 pt 2\n- (a) the chief executive has not finished considering whether to grant the application; and\n- (b) the chief executive agrees to the amendment of the application.","sortOrder":427},{"sectionNumber":"sec.268","sectionType":"section","heading":"Considering and deciding application","content":"### sec.268 Considering and deciding application\n\nThe chief executive must consider an application for the amendment of an animal authority to which this subdivision applies and decide to—\nmake the amendment; or\nmake an amendment, other than the amendment applied for; or\nrefuse the application.\nThe chief executive may consider the application even if the application does not comply with section 265 (2) (b) .\nIf the amendment is a licence type amendment, the chief executive may make the amendment only if the animal authority, as amended, can be granted to the holder under chapter 4 and part 2 .\nAlso, if the application was made using the authority management system, the chief executive may make the amendment only if the holder makes all the required declarations.\nThe chief executive must decide the application—\nif, under section 266 , the chief executive asks for further information or a document—within 40 business days after receiving the information or document; or\notherwise—within 40 business days after receiving the application.\ns 268 amd 2025 SL No. 125 ss 23 , 34 s ch 1 pt 2\n(sec.268-ssec.1) The chief executive must consider an application for the amendment of an animal authority to which this subdivision applies and decide to— make the amendment; or make an amendment, other than the amendment applied for; or refuse the application.\n(sec.268-ssec.2) The chief executive may consider the application even if the application does not comply with section 265 (2) (b) .\n(sec.268-ssec.3) If the amendment is a licence type amendment, the chief executive may make the amendment only if the animal authority, as amended, can be granted to the holder under chapter 4 and part 2 .\n(sec.268-ssec.4) Also, if the application was made using the authority management system, the chief executive may make the amendment only if the holder makes all the required declarations.\n(sec.268-ssec.5) The chief executive must decide the application— if, under section 266 , the chief executive asks for further information or a document—within 40 business days after receiving the information or document; or otherwise—within 40 business days after receiving the application.\n- (a) make the amendment; or\n- (b) make an amendment, other than the amendment applied for; or\n- (c) refuse the application.\n- (a) if, under section 266 , the chief executive asks for further information or a document—within 40 business days after receiving the information or document; or\n- (b) otherwise—within 40 business days after receiving the application.","sortOrder":428},{"sectionNumber":"sec.269","sectionType":"section","heading":"Steps to be taken after application decided","content":"### sec.269 Steps to be taken after application decided\n\nIf the chief executive decides to amend an animal authority under this subdivision, the chief executive must, as soon as practicable after making the decision, give the holder—\nif the amendment is the amendment the holder applied for—notice of the amendment; or\nif the amendment is not the amendment the holder applied for—an information notice for the decision.\nThe amendment takes effect on the later of the following days—\nthe day when the notice or information notice is given to the holder;\nthe day of effect stated in the notice or information notice.\nIf the amendment is a licence type amendment, the amendment does not change the term of the authority unless a new term is stated in the notice or information notice.\nThe effect of the amendment does not depend on the amendment being noted on the authority.\nSee, however, section 276 .\nIf the chief executive decides to refuse the application, the chief executive must as soon as practicable after making the decision give the holder an information notice for the decision.\nA document mentioned in subsection (1) or (5) may be given to the holder using the authority management system or in another way.\ns 269 amd 2025 SL No. 125 ss 24 , 34 s ch 1 pt 2\n(sec.269-ssec.1) If the chief executive decides to amend an animal authority under this subdivision, the chief executive must, as soon as practicable after making the decision, give the holder— if the amendment is the amendment the holder applied for—notice of the amendment; or if the amendment is not the amendment the holder applied for—an information notice for the decision.\n(sec.269-ssec.2) The amendment takes effect on the later of the following days— the day when the notice or information notice is given to the holder; the day of effect stated in the notice or information notice.\n(sec.269-ssec.3) If the amendment is a licence type amendment, the amendment does not change the term of the authority unless a new term is stated in the notice or information notice.\n(sec.269-ssec.4) The effect of the amendment does not depend on the amendment being noted on the authority. See, however, section 276 .\n(sec.269-ssec.5) If the chief executive decides to refuse the application, the chief executive must as soon as practicable after making the decision give the holder an information notice for the decision.\n(sec.269-ssec.6) A document mentioned in subsection (1) or (5) may be given to the holder using the authority management system or in another way.\n- (a) if the amendment is the amendment the holder applied for—notice of the amendment; or\n- (b) if the amendment is not the amendment the holder applied for—an information notice for the decision.\n- (a) the day when the notice or information notice is given to the holder;\n- (b) the day of effect stated in the notice or information notice.","sortOrder":429},{"sectionNumber":"ch.5-pt.6-div.3","sectionType":"division","heading":"Non-immediate amendments by chief executive","content":"## Non-immediate amendments by chief executive","sortOrder":430},{"sectionNumber":"sec.270","sectionType":"section","heading":"Grounds for amendment","content":"### sec.270 Grounds for amendment\n\nThe chief executive may, by complying with section 271 , amend an animal authority if—\nthe chief executive believes—\nthe authority was obtained because of false or misleading information; or\nSee also section 275A in relation to the immediate cancellation of automatically issued animal authorities.\nthe holder of the authority has failed to comply with a condition of the authority; or\nthe holder of the authority is not, or is no longer, a suitable person to hold the authority; or\nSee also part 2A .\nthe amendment is necessary having regard to the object of the Act ; or\nthe holder of the authority has failed to—\npay a fee payable under the Act for the authority, by the date or within the period during which the fee must be paid; or\ngive the chief executive information required to be given under the Act for the authority, by the day or within the period during which the information must be given; or\nthe holder is convicted of an offence against the Act and the chief executive is satisfied the activities of the holder that led to the conviction are relevant to the holder’s ability to carry out activities under the authority in a competent and ethical way; or\nthe holder, or a relevant person for the holder, is given a notice under section 327 (1) ; or\nthe chief executive believes an animal authority should be amended to—\nsecure the safety of a person or a person’s property; or\nconserve or protect native wildlife.\nIn this section—\namendment , of an animal authority, includes changing the authority to another type of animal authority.\ns 270 amd 2025 SL No. 125 ss 25 , 34 s ch 1 pt 2\n(sec.270-ssec.1) The chief executive may, by complying with section 271 , amend an animal authority if— the chief executive believes— the authority was obtained because of false or misleading information; or See also section 275A in relation to the immediate cancellation of automatically issued animal authorities. the holder of the authority has failed to comply with a condition of the authority; or the holder of the authority is not, or is no longer, a suitable person to hold the authority; or See also part 2A . the amendment is necessary having regard to the object of the Act ; or the holder of the authority has failed to— pay a fee payable under the Act for the authority, by the date or within the period during which the fee must be paid; or give the chief executive information required to be given under the Act for the authority, by the day or within the period during which the information must be given; or the holder is convicted of an offence against the Act and the chief executive is satisfied the activities of the holder that led to the conviction are relevant to the holder’s ability to carry out activities under the authority in a competent and ethical way; or the holder, or a relevant person for the holder, is given a notice under section 327 (1) ; or the chief executive believes an animal authority should be amended to— secure the safety of a person or a person’s property; or conserve or protect native wildlife.\n(sec.270-ssec.2) In this section— amendment , of an animal authority, includes changing the authority to another type of animal authority.\n- (a) the chief executive believes— (i) the authority was obtained because of false or misleading information; or Note— See also section 275A in relation to the immediate cancellation of automatically issued animal authorities. (ii) the holder of the authority has failed to comply with a condition of the authority; or (iii) the holder of the authority is not, or is no longer, a suitable person to hold the authority; or Note— See also part 2A . (iv) the amendment is necessary having regard to the object of the Act ; or\n- (i) the authority was obtained because of false or misleading information; or Note— See also section 275A in relation to the immediate cancellation of automatically issued animal authorities.\n- (ii) the holder of the authority has failed to comply with a condition of the authority; or\n- (iii) the holder of the authority is not, or is no longer, a suitable person to hold the authority; or Note— See also part 2A .\n- (iv) the amendment is necessary having regard to the object of the Act ; or\n- (b) the holder of the authority has failed to— (i) pay a fee payable under the Act for the authority, by the date or within the period during which the fee must be paid; or (ii) give the chief executive information required to be given under the Act for the authority, by the day or within the period during which the information must be given; or\n- (i) pay a fee payable under the Act for the authority, by the date or within the period during which the fee must be paid; or\n- (ii) give the chief executive information required to be given under the Act for the authority, by the day or within the period during which the information must be given; or\n- (c) the holder is convicted of an offence against the Act and the chief executive is satisfied the activities of the holder that led to the conviction are relevant to the holder’s ability to carry out activities under the authority in a competent and ethical way; or\n- (d) the holder, or a relevant person for the holder, is given a notice under section 327 (1) ; or\n- (e) the chief executive believes an animal authority should be amended to— (i) secure the safety of a person or a person’s property; or (ii) conserve or protect native wildlife.\n- (i) secure the safety of a person or a person’s property; or\n- (ii) conserve or protect native wildlife.\n- (i) the authority was obtained because of false or misleading information; or Note— See also section 275A in relation to the immediate cancellation of automatically issued animal authorities.\n- (ii) the holder of the authority has failed to comply with a condition of the authority; or\n- (iii) the holder of the authority is not, or is no longer, a suitable person to hold the authority; or Note— See also part 2A .\n- (iv) the amendment is necessary having regard to the object of the Act ; or\n- (i) pay a fee payable under the Act for the authority, by the date or within the period during which the fee must be paid; or\n- (ii) give the chief executive information required to be given under the Act for the authority, by the day or within the period during which the information must be given; or\n- (i) secure the safety of a person or a person’s property; or\n- (ii) conserve or protect native wildlife.","sortOrder":431},{"sectionNumber":"sec.271","sectionType":"section","heading":"Procedure for amendment","content":"### sec.271 Procedure for amendment\n\nIf the chief executive proposes to amend an animal authority under section 270 , the chief executive must give the holder notice of the following matters—\nthe proposed amendment;\nthe ground for the proposed amendment under section 270 ;\nan outline of the facts and circumstances forming the basis for the ground;\nthat the holder may make written representations to the chief executive, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.\nThe chief executive may amend the authority if, after considering any written representations made within the stated period, the chief executive still believes the amendment should be made—\nin the way stated in the notice; or\nin another way, having regard to the representations.\nIf the chief executive amends the authority, the chief executive must give the holder an information notice for the decision.\nThe amendment takes effect on the later of the following days—\nthe day the information notice is given to the holder;\nthe day of effect stated in the information notice.\nAn amendment to change an animal authority to another type of animal authority does not change the term of the authority unless a new term is stated in the notice.\nThe effect of the amendment does not depend on the amendment being noted on the authority.\nSee, however, section 276 .\nIf the chief executive decides not to amend the animal authority, the chief executive must as soon as practicable after making the decision give the holder notice of the decision.\n(sec.271-ssec.1) If the chief executive proposes to amend an animal authority under section 270 , the chief executive must give the holder notice of the following matters— the proposed amendment; the ground for the proposed amendment under section 270 ; an outline of the facts and circumstances forming the basis for the ground; that the holder may make written representations to the chief executive, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.\n(sec.271-ssec.2) The chief executive may amend the authority if, after considering any written representations made within the stated period, the chief executive still believes the amendment should be made— in the way stated in the notice; or in another way, having regard to the representations.\n(sec.271-ssec.3) If the chief executive amends the authority, the chief executive must give the holder an information notice for the decision.\n(sec.271-ssec.4) The amendment takes effect on the later of the following days— the day the information notice is given to the holder; the day of effect stated in the information notice.\n(sec.271-ssec.5) An amendment to change an animal authority to another type of animal authority does not change the term of the authority unless a new term is stated in the notice.\n(sec.271-ssec.6) The effect of the amendment does not depend on the amendment being noted on the authority. See, however, section 276 .\n(sec.271-ssec.7) If the chief executive decides not to amend the animal authority, the chief executive must as soon as practicable after making the decision give the holder notice of the decision.\n- (a) the proposed amendment;\n- (b) the ground for the proposed amendment under section 270 ;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) that the holder may make written representations to the chief executive, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.\n- (a) in the way stated in the notice; or\n- (b) in another way, having regard to the representations.\n- (a) the day the information notice is given to the holder;\n- (b) the day of effect stated in the information notice.","sortOrder":432},{"sectionNumber":"ch.5-pt.6-div.4","sectionType":"division","heading":"Immediate amendment or suspension by chief executive","content":"## Immediate amendment or suspension by chief executive","sortOrder":433},{"sectionNumber":"sec.272","sectionType":"section","heading":"Safety and conservation grounds","content":"### sec.272 Safety and conservation grounds\n\nThis section applies if the chief executive believes an animal authority should be amended or suspended to—\nsecure the safety of a person or a person’s property; or\nconserve or protect native wildlife.\nThe chief executive may decide to amend or suspend the authority.\nIf the chief executive decides to amend or suspend the authority, the chief executive must give the holder of the authority an information notice for the decision.\nThe amendment or suspension takes effect on the later of the following days—\nthe day the information notice is given to the holder;\nthe day of effect stated in the notice.\nIf the chief executive decides to suspend the authority—\nthe information notice must state the suspension period; and\nthe suspension has effect until the end of the suspension period.\nHowever, if the chief executive decides to suspend the authority for the immediate protection of life or property—\nsubsections (3) to (5) do not apply; and\nthe chief executive must advise the holder about the decision; and\nthe suspension—\ntakes effect immediately after the holder is advised of the suspension; and\ncontinues until the chief executive decides the reason for the suspension no longer exists; and\nthe chief executive must as soon as practicable after the suspension ends—\nadvise the holder of the authority that the suspension no longer applies; or\npublish a notice on the department’s website advising that the suspension no longer applies.\nThe effect of an amendment under this section does not depend on the amendment being noted on the authority.\nSee, however, section 276 .\n(sec.272-ssec.1) This section applies if the chief executive believes an animal authority should be amended or suspended to— secure the safety of a person or a person’s property; or conserve or protect native wildlife.\n(sec.272-ssec.2) The chief executive may decide to amend or suspend the authority.\n(sec.272-ssec.3) If the chief executive decides to amend or suspend the authority, the chief executive must give the holder of the authority an information notice for the decision.\n(sec.272-ssec.4) The amendment or suspension takes effect on the later of the following days— the day the information notice is given to the holder; the day of effect stated in the notice.\n(sec.272-ssec.5) If the chief executive decides to suspend the authority— the information notice must state the suspension period; and the suspension has effect until the end of the suspension period.\n(sec.272-ssec.6) However, if the chief executive decides to suspend the authority for the immediate protection of life or property— subsections (3) to (5) do not apply; and the chief executive must advise the holder about the decision; and the suspension— takes effect immediately after the holder is advised of the suspension; and continues until the chief executive decides the reason for the suspension no longer exists; and the chief executive must as soon as practicable after the suspension ends— advise the holder of the authority that the suspension no longer applies; or publish a notice on the department’s website advising that the suspension no longer applies.\n(sec.272-ssec.7) The effect of an amendment under this section does not depend on the amendment being noted on the authority. See, however, section 276 .\n- (a) secure the safety of a person or a person’s property; or\n- (b) conserve or protect native wildlife.\n- (a) the day the information notice is given to the holder;\n- (b) the day of effect stated in the notice.\n- (a) the information notice must state the suspension period; and\n- (b) the suspension has effect until the end of the suspension period.\n- (a) subsections (3) to (5) do not apply; and\n- (b) the chief executive must advise the holder about the decision; and\n- (c) the suspension— (i) takes effect immediately after the holder is advised of the suspension; and (ii) continues until the chief executive decides the reason for the suspension no longer exists; and\n- (i) takes effect immediately after the holder is advised of the suspension; and\n- (ii) continues until the chief executive decides the reason for the suspension no longer exists; and\n- (d) the chief executive must as soon as practicable after the suspension ends— (i) advise the holder of the authority that the suspension no longer applies; or (ii) publish a notice on the department’s website advising that the suspension no longer applies.\n- (i) advise the holder of the authority that the suspension no longer applies; or\n- (ii) publish a notice on the department’s website advising that the suspension no longer applies.\n- (i) takes effect immediately after the holder is advised of the suspension; and\n- (ii) continues until the chief executive decides the reason for the suspension no longer exists; and\n- (i) advise the holder of the authority that the suspension no longer applies; or\n- (ii) publish a notice on the department’s website advising that the suspension no longer applies.","sortOrder":434},{"sectionNumber":"sec.273","sectionType":"section","heading":"Failure to pay fee or give return","content":"### sec.273 Failure to pay fee or give return\n\nThis section applies if—\nthe holder of an animal authority has failed to—\npay a fee payable under the Act for the authority, by the day or within the period during which the fee must be paid; or\ngive the chief executive a return of operations required to be given under the Act for the authority, by the day or within the period during which the return must be given; and\nthe chief executive has given the holder a notice stating the following matters—\nthe holder must pay the fee or give the return to the chief executive by a day, at least 10 business days after the holder receives the notice, stated in the notice;\nif the holder does not pay the fee or give the return to the chief executive by the stated day, the chief executive may amend or suspend the authority under this section; and\nthe holder does not pay the fee or give the return to the chief executive by the stated day.\nThe chief executive may decide to—\nif the authority authorises the keeping of an animal—amend the authority, other than to remove the authorisation to keep the animal; or\notherwise—amend or suspend the authority.\nIf the chief executive decides to amend or suspend the authority the chief executive must give the holder of the authority an information notice for the decision.\nThe amendment or suspension takes effect on the later of the following days—\nthe day the notice is given to the holder;\nthe day stated in the notice.\nIf the chief executive suspends the authority—\nthe information notice must state the suspension period; and\nthe suspension continues until the earlier of the following—\nthe day the holder pays the outstanding fee or gives the chief executive the outstanding return;\nthe end of the suspension period.\nThe effect of an amendment under this section does not depend on the amendment being noted on the authority.\nSee, however, section 276 .\n(sec.273-ssec.1) This section applies if— the holder of an animal authority has failed to— pay a fee payable under the Act for the authority, by the day or within the period during which the fee must be paid; or give the chief executive a return of operations required to be given under the Act for the authority, by the day or within the period during which the return must be given; and the chief executive has given the holder a notice stating the following matters— the holder must pay the fee or give the return to the chief executive by a day, at least 10 business days after the holder receives the notice, stated in the notice; if the holder does not pay the fee or give the return to the chief executive by the stated day, the chief executive may amend or suspend the authority under this section; and the holder does not pay the fee or give the return to the chief executive by the stated day.\n(sec.273-ssec.2) The chief executive may decide to— if the authority authorises the keeping of an animal—amend the authority, other than to remove the authorisation to keep the animal; or otherwise—amend or suspend the authority.\n(sec.273-ssec.3) If the chief executive decides to amend or suspend the authority the chief executive must give the holder of the authority an information notice for the decision.\n(sec.273-ssec.4) The amendment or suspension takes effect on the later of the following days— the day the notice is given to the holder; the day stated in the notice.\n(sec.273-ssec.5) If the chief executive suspends the authority— the information notice must state the suspension period; and the suspension continues until the earlier of the following— the day the holder pays the outstanding fee or gives the chief executive the outstanding return; the end of the suspension period.\n(sec.273-ssec.6) The effect of an amendment under this section does not depend on the amendment being noted on the authority. See, however, section 276 .\n- (a) the holder of an animal authority has failed to— (i) pay a fee payable under the Act for the authority, by the day or within the period during which the fee must be paid; or (ii) give the chief executive a return of operations required to be given under the Act for the authority, by the day or within the period during which the return must be given; and\n- (i) pay a fee payable under the Act for the authority, by the day or within the period during which the fee must be paid; or\n- (ii) give the chief executive a return of operations required to be given under the Act for the authority, by the day or within the period during which the return must be given; and\n- (b) the chief executive has given the holder a notice stating the following matters— (i) the holder must pay the fee or give the return to the chief executive by a day, at least 10 business days after the holder receives the notice, stated in the notice; (ii) if the holder does not pay the fee or give the return to the chief executive by the stated day, the chief executive may amend or suspend the authority under this section; and\n- (i) the holder must pay the fee or give the return to the chief executive by a day, at least 10 business days after the holder receives the notice, stated in the notice;\n- (ii) if the holder does not pay the fee or give the return to the chief executive by the stated day, the chief executive may amend or suspend the authority under this section; and\n- (c) the holder does not pay the fee or give the return to the chief executive by the stated day.\n- (i) pay a fee payable under the Act for the authority, by the day or within the period during which the fee must be paid; or\n- (ii) give the chief executive a return of operations required to be given under the Act for the authority, by the day or within the period during which the return must be given; and\n- (i) the holder must pay the fee or give the return to the chief executive by a day, at least 10 business days after the holder receives the notice, stated in the notice;\n- (ii) if the holder does not pay the fee or give the return to the chief executive by the stated day, the chief executive may amend or suspend the authority under this section; and\n- (a) if the authority authorises the keeping of an animal—amend the authority, other than to remove the authorisation to keep the animal; or\n- (b) otherwise—amend or suspend the authority.\n- (a) the day the notice is given to the holder;\n- (b) the day stated in the notice.\n- (a) the information notice must state the suspension period; and\n- (b) the suspension continues until the earlier of the following— (i) the day the holder pays the outstanding fee or gives the chief executive the outstanding return; (ii) the end of the suspension period.\n- (i) the day the holder pays the outstanding fee or gives the chief executive the outstanding return;\n- (ii) the end of the suspension period.\n- (i) the day the holder pays the outstanding fee or gives the chief executive the outstanding return;\n- (ii) the end of the suspension period.","sortOrder":435},{"sectionNumber":"ch.5-pt.6-div.5","sectionType":"division","heading":"Non-immediate suspension or cancellation by chief executive","content":"## Non-immediate suspension or cancellation by chief executive","sortOrder":436},{"sectionNumber":"sec.274","sectionType":"section","heading":"Grounds","content":"### sec.274 Grounds\n\nThe chief executive may, by complying with section 275 , suspend or cancel an animal authority if—\nthere is a ground, under section 272 or 273 , for immediately amending or suspending the authority; or\nthe chief executive believes—\nthe authority was obtained because of false or misleading information; or\nSee also section 275A in relation to the immediate cancellation of automatically issued animal authorities.\nthe holder of the authority has failed to comply with a condition of the authority; or\nthe holder of the authority is not, or is no longer, a suitable person to hold the authority; or\nSee also part 2A .\nthe holder of the authority is convicted of an offence against the Act and the chief executive is satisfied the activities of the holder that led to the conviction are relevant to the holder’s ability to carry out activities under the authority in a competent and ethical way; or\nthe holder of the authority has failed to give the chief executive information, other than information required to be given in a return of operations, required to be given under the Act for the authority, by the date or within the period during which the information must be given; or\nthe chief executive believes the place where the animal is kept is not appropriate, or does not have appropriate facilities, for keeping the animal; or\nthe chief executive believes the activities being carried out under the authority are threatening public health or safety; or\nfor an automatically issued animal authority, the chief executive believes, having regard to the matters mentioned in section 241 (1) (b) to (i) , the authority should be suspended or cancelled.\ns 274 amd 2025 SL No. 125 ss 26 , 34 s ch 1 pt 2\n- (a) there is a ground, under section 272 or 273 , for immediately amending or suspending the authority; or\n- (b) the chief executive believes— (i) the authority was obtained because of false or misleading information; or Note— See also section 275A in relation to the immediate cancellation of automatically issued animal authorities. (ii) the holder of the authority has failed to comply with a condition of the authority; or (iii) the holder of the authority is not, or is no longer, a suitable person to hold the authority; or Note— See also part 2A .\n- (i) the authority was obtained because of false or misleading information; or Note— See also section 275A in relation to the immediate cancellation of automatically issued animal authorities.\n- (ii) the holder of the authority has failed to comply with a condition of the authority; or\n- (iii) the holder of the authority is not, or is no longer, a suitable person to hold the authority; or Note— See also part 2A .\n- (c) the holder of the authority is convicted of an offence against the Act and the chief executive is satisfied the activities of the holder that led to the conviction are relevant to the holder’s ability to carry out activities under the authority in a competent and ethical way; or\n- (d) the holder of the authority has failed to give the chief executive information, other than information required to be given in a return of operations, required to be given under the Act for the authority, by the date or within the period during which the information must be given; or\n- (e) the chief executive believes the place where the animal is kept is not appropriate, or does not have appropriate facilities, for keeping the animal; or\n- (f) the chief executive believes the activities being carried out under the authority are threatening public health or safety; or\n- (g) for an automatically issued animal authority, the chief executive believes, having regard to the matters mentioned in section 241 (1) (b) to (i) , the authority should be suspended or cancelled.\n- (i) the authority was obtained because of false or misleading information; or Note— See also section 275A in relation to the immediate cancellation of automatically issued animal authorities.\n- (ii) the holder of the authority has failed to comply with a condition of the authority; or\n- (iii) the holder of the authority is not, or is no longer, a suitable person to hold the authority; or Note— See also part 2A .","sortOrder":437},{"sectionNumber":"sec.275","sectionType":"section","heading":"Procedure","content":"### sec.275 Procedure\n\nIf the chief executive proposes to suspend or cancel an animal authority (the proposed action ) under section 274 , the chief executive must give the holder of the authority notice of the following matters—\nthe proposed action;\nthe ground for the proposed action under section 274 ;\nan outline of the facts and circumstances forming the basis for the ground;\nif the proposed action is to suspend the authority—the proposed suspension period;\nan invitation to make written representations, within a stated period of at least 20 business days after the notification is given, about why the proposed action should not be taken.\nIf, after considering any written representations made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide—\nif the proposed action was to suspend the authority—to suspend it for not longer than the proposed suspension period; or\nif the proposed action was to cancel the authority—either to cancel it or to suspend it for a period.\nIf the chief executive decides to suspend or cancel the authority the chief executive must give the holder an information notice for the decision.\nThe suspension or cancellation of the authority takes effect on the later of the following days—\nthe day when the information notice is given to the holder;\nthe day of effect stated in the information notice.\nIf the chief executive decides to suspend the authority, the suspension continues until the end of the suspension period.\nIf the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision give the holder notice of the decision.\nDespite subsection (3) , if an animal authority is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation stops having effect.\nDespite subsections (3) and (4) , if an animal authority is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed.\n(sec.275-ssec.1) If the chief executive proposes to suspend or cancel an animal authority (the proposed action ) under section 274 , the chief executive must give the holder of the authority notice of the following matters— the proposed action; the ground for the proposed action under section 274 ; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is to suspend the authority—the proposed suspension period; an invitation to make written representations, within a stated period of at least 20 business days after the notification is given, about why the proposed action should not be taken.\n(sec.275-ssec.2) If, after considering any written representations made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide— if the proposed action was to suspend the authority—to suspend it for not longer than the proposed suspension period; or if the proposed action was to cancel the authority—either to cancel it or to suspend it for a period.\n(sec.275-ssec.3) If the chief executive decides to suspend or cancel the authority the chief executive must give the holder an information notice for the decision.\n(sec.275-ssec.4) The suspension or cancellation of the authority takes effect on the later of the following days— the day when the information notice is given to the holder; the day of effect stated in the information notice.\n(sec.275-ssec.5) If the chief executive decides to suspend the authority, the suspension continues until the end of the suspension period.\n(sec.275-ssec.6) If the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision give the holder notice of the decision.\n(sec.275-ssec.7) Despite subsection (3) , if an animal authority is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation stops having effect.\n(sec.275-ssec.8) Despite subsections (3) and (4) , if an animal authority is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed.\n- (a) the proposed action;\n- (b) the ground for the proposed action under section 274 ;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) if the proposed action is to suspend the authority—the proposed suspension period;\n- (e) an invitation to make written representations, within a stated period of at least 20 business days after the notification is given, about why the proposed action should not be taken.\n- (a) if the proposed action was to suspend the authority—to suspend it for not longer than the proposed suspension period; or\n- (b) if the proposed action was to cancel the authority—either to cancel it or to suspend it for a period.\n- (a) the day when the information notice is given to the holder;\n- (b) the day of effect stated in the information notice.","sortOrder":438},{"sectionNumber":"ch.5-pt.6-div.5A","sectionType":"division","heading":"Immediate cancellation of particular animal authorities","content":"## Immediate cancellation of particular animal authorities","sortOrder":439},{"sectionNumber":"sec.275A","sectionType":"section","heading":"Cancellation of automatically issued, renewed or amended authorities on particular grounds","content":"### sec.275A Cancellation of automatically issued, renewed or amended authorities on particular grounds\n\nThis section applies if the chief executive believes an animal authority was automatically issued, automatically renewed or automatically amended because—\nthe holder of the authority provided false or misleading information; or\nthe authority management system malfunctioned.\nThe chief executive may decide to cancel the animal authority.\nIf the chief executive decides to cancel the animal authority, the chief executive must give the holder of the authority an information notice for the decision.\nThe cancellation of the authority takes effect on the later of the following days—\nthe day when the information notice is given to the holder;\nthe day of effect stated in the information notice.\ns 275A ins 2025 SL No. 125 s 27\n(sec.275A-ssec.1) This section applies if the chief executive believes an animal authority was automatically issued, automatically renewed or automatically amended because— the holder of the authority provided false or misleading information; or the authority management system malfunctioned.\n(sec.275A-ssec.2) The chief executive may decide to cancel the animal authority.\n(sec.275A-ssec.3) If the chief executive decides to cancel the animal authority, the chief executive must give the holder of the authority an information notice for the decision.\n(sec.275A-ssec.4) The cancellation of the authority takes effect on the later of the following days— the day when the information notice is given to the holder; the day of effect stated in the information notice.\n- (a) the holder of the authority provided false or misleading information; or\n- (b) the authority management system malfunctioned.\n- (a) the day when the information notice is given to the holder;\n- (b) the day of effect stated in the information notice.","sortOrder":440},{"sectionNumber":"ch.5-pt.6-div.6","sectionType":"division","heading":"Return of authorities","content":"## Return of authorities","sortOrder":441},{"sectionNumber":"sec.276","sectionType":"section","heading":"After amendment","content":"### sec.276 After amendment\n\nThe chief executive may, by notice, ask the holder of an animal authority that has been amended under this part to return the authority to the chief executive by a day stated in the notice.\nThe day stated in the notice must be at least 10 business days after the day the holder receives the notice.\nThe holder must, unless the holder has a reasonable excuse, return the authority to the chief executive by the stated day.\nMaximum penalty—20 penalty units.\nThe chief executive must, as soon as practicable after receiving the authority—\nnote the amendment on the authority; and\ngive the authority back to the holder.\n(sec.276-ssec.1) The chief executive may, by notice, ask the holder of an animal authority that has been amended under this part to return the authority to the chief executive by a day stated in the notice.\n(sec.276-ssec.2) The day stated in the notice must be at least 10 business days after the day the holder receives the notice.\n(sec.276-ssec.3) The holder must, unless the holder has a reasonable excuse, return the authority to the chief executive by the stated day. Maximum penalty—20 penalty units.\n(sec.276-ssec.4) The chief executive must, as soon as practicable after receiving the authority— note the amendment on the authority; and give the authority back to the holder.\n- (a) note the amendment on the authority; and\n- (b) give the authority back to the holder.","sortOrder":442},{"sectionNumber":"sec.277","sectionType":"section","heading":"After suspension","content":"### sec.277 After suspension\n\nThe chief executive may, by notice, ask the holder of an animal authority that has been suspended under this part to return the authority to the chief executive by a day stated in the notice.\nThe day stated in the notice must be at least 10 business days after the day the holder receives the notice.\nThe holder must, unless the holder has a reasonable excuse, return the authority to the chief executive by the stated day.\nMaximum penalty—20 penalty units.\nThe chief executive must give the authority back to the holder on or before the day the suspension ends.\n(sec.277-ssec.1) The chief executive may, by notice, ask the holder of an animal authority that has been suspended under this part to return the authority to the chief executive by a day stated in the notice.\n(sec.277-ssec.2) The day stated in the notice must be at least 10 business days after the day the holder receives the notice.\n(sec.277-ssec.3) The holder must, unless the holder has a reasonable excuse, return the authority to the chief executive by the stated day. Maximum penalty—20 penalty units.\n(sec.277-ssec.4) The chief executive must give the authority back to the holder on or before the day the suspension ends.","sortOrder":443},{"sectionNumber":"sec.278","sectionType":"section","heading":"After cancellation","content":"### sec.278 After cancellation\n\nThe holder of an animal authority that has been cancelled under this part must, unless the holder has a reasonable excuse, return the authority to the chief executive within 10 business days after the cancellation takes effect.\nMaximum penalty—20 penalty units.","sortOrder":444},{"sectionNumber":"ch.5-pt.7","sectionType":"part","heading":"Replacement and surrender of authorities","content":"# Replacement and surrender of authorities","sortOrder":445},{"sectionNumber":"sec.279","sectionType":"section","heading":"Replacement","content":"### sec.279 Replacement\n\nThis section applies if an animal authority is damaged, destroyed, lost or stolen.\nThe holder of the authority may apply to the chief executive for the replacement of the authority.\nThe application must—\nbe made using the authority management system or otherwise be in writing; and\nbe accompanied by the prescribed fee for the application.\nThe chief executive must grant the application if the chief executive is satisfied the animal authority has been—\ndamaged in a way that requires the replacement of the authority; or\ndestroyed, lost or stolen.\nIf the chief executive decides to grant the application, the chief executive must give the holder another animal authority to replace the damaged, destroyed, lost or stolen animal authority.\nIf the chief executive decides to refuse the application, the chief executive must give the holder an information notice for the decision within 14 days after the decision is made.\nA document mentioned in subsection (5) or (6) may be given to the holder using the authority management system or in another way.\ns 279 amd 2025 SL No. 125 s 28\n(sec.279-ssec.1) This section applies if an animal authority is damaged, destroyed, lost or stolen.\n(sec.279-ssec.2) The holder of the authority may apply to the chief executive for the replacement of the authority.\n(sec.279-ssec.3) The application must— be made using the authority management system or otherwise be in writing; and be accompanied by the prescribed fee for the application.\n(sec.279-ssec.4) The chief executive must grant the application if the chief executive is satisfied the animal authority has been— damaged in a way that requires the replacement of the authority; or destroyed, lost or stolen.\n(sec.279-ssec.5) If the chief executive decides to grant the application, the chief executive must give the holder another animal authority to replace the damaged, destroyed, lost or stolen animal authority.\n(sec.279-ssec.6) If the chief executive decides to refuse the application, the chief executive must give the holder an information notice for the decision within 14 days after the decision is made.\n(sec.279-ssec.7) A document mentioned in subsection (5) or (6) may be given to the holder using the authority management system or in another way.\n- (a) be made using the authority management system or otherwise be in writing; and\n- (b) be accompanied by the prescribed fee for the application.\n- (a) damaged in a way that requires the replacement of the authority; or\n- (b) destroyed, lost or stolen.","sortOrder":446},{"sectionNumber":"sec.280","sectionType":"section","heading":"Surrender","content":"### sec.280 Surrender\n\nThe holder of an animal authority may surrender the authority by giving a notice of surrender to the chief executive.\nThe notice of surrender must—\nbe given using the authority management system; or\notherwise be in writing.\nAn animal authority surrendered under subsection (1) no longer has effect from—\nthe day for surrender stated in the notice; or\nif paragraph (a) does not apply—the day the notice is received by the chief executive.\ns 280 amd 2025 SL No. 125 s 29\n(sec.280-ssec.1) The holder of an animal authority may surrender the authority by giving a notice of surrender to the chief executive.\n(sec.280-ssec.2) The notice of surrender must— be given using the authority management system; or otherwise be in writing.\n(sec.280-ssec.3) An animal authority surrendered under subsection (1) no longer has effect from— the day for surrender stated in the notice; or if paragraph (a) does not apply—the day the notice is received by the chief executive.\n- (a) be given using the authority management system; or\n- (b) otherwise be in writing.\n- (a) the day for surrender stated in the notice; or\n- (b) if paragraph (a) does not apply—the day the notice is received by the chief executive.","sortOrder":447},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":448},{"sectionNumber":"sec.281","sectionType":"section","heading":"Meaning of no approach zone","content":"### sec.281 Meaning of no approach zone\n\nThe no approach zone for a special marine mammal is—\nif the mammal is declared under a permanent special marine mammal declaration—the distance mentioned in schedule 4 , part 2 , column 2 opposite the mammal; or\nif the mammal is declared under a temporary special marine mammal declaration—the distance, if any, declared for the mammal under section 294 (2) (b) (ii) .\nThe no approach zone for a marine mammal in a marine mammal special management area, other than a marine mammal mentioned in subsection (1) , is—\nif the area is declared under a permanent marine mammal special management area declaration and the mammal is mentioned in schedule 4 , part 1 , column 2 opposite the area—the distance mentioned in schedule 4 , part 1 , column 3 opposite the mammal; or\nif the area is declared under a temporary marine mammal special management area declaration—the distance, if any, declared for the area and mammal under section 287 (2) (b) (ii) .\nThe no approach zone for a whale, other than a whale mentioned in subsection (1) or (2) , is—\n100m from the whale; or\n300m from any point within an arc of 30 degrees from either side of the front or rear of the whale.\nThe no approach zone for a dolphin, other than a dolphin mentioned in subsection (1) or (2) , is—\n50m from the dolphin; or\n150m from any point within an arc of 30 degrees from either side of the front or rear of the dolphin.\nThe no approach zone for a seal, other than a seal mentioned in subsection (1) or (2) , is 40m from the seal.\n(sec.281-ssec.1) The no approach zone for a special marine mammal is— if the mammal is declared under a permanent special marine mammal declaration—the distance mentioned in schedule 4 , part 2 , column 2 opposite the mammal; or if the mammal is declared under a temporary special marine mammal declaration—the distance, if any, declared for the mammal under section 294 (2) (b) (ii) .\n(sec.281-ssec.2) The no approach zone for a marine mammal in a marine mammal special management area, other than a marine mammal mentioned in subsection (1) , is— if the area is declared under a permanent marine mammal special management area declaration and the mammal is mentioned in schedule 4 , part 1 , column 2 opposite the area—the distance mentioned in schedule 4 , part 1 , column 3 opposite the mammal; or if the area is declared under a temporary marine mammal special management area declaration—the distance, if any, declared for the area and mammal under section 287 (2) (b) (ii) .\n(sec.281-ssec.3) The no approach zone for a whale, other than a whale mentioned in subsection (1) or (2) , is— 100m from the whale; or 300m from any point within an arc of 30 degrees from either side of the front or rear of the whale.\n(sec.281-ssec.4) The no approach zone for a dolphin, other than a dolphin mentioned in subsection (1) or (2) , is— 50m from the dolphin; or 150m from any point within an arc of 30 degrees from either side of the front or rear of the dolphin.\n(sec.281-ssec.5) The no approach zone for a seal, other than a seal mentioned in subsection (1) or (2) , is 40m from the seal.\n- (a) if the mammal is declared under a permanent special marine mammal declaration—the distance mentioned in schedule 4 , part 2 , column 2 opposite the mammal; or\n- (b) if the mammal is declared under a temporary special marine mammal declaration—the distance, if any, declared for the mammal under section 294 (2) (b) (ii) .\n- (a) if the area is declared under a permanent marine mammal special management area declaration and the mammal is mentioned in schedule 4 , part 1 , column 2 opposite the area—the distance mentioned in schedule 4 , part 1 , column 3 opposite the mammal; or\n- (b) if the area is declared under a temporary marine mammal special management area declaration—the distance, if any, declared for the area and mammal under section 287 (2) (b) (ii) .\n- (a) 100m from the whale; or\n- (b) 300m from any point within an arc of 30 degrees from either side of the front or rear of the whale.\n- (a) 50m from the dolphin; or\n- (b) 150m from any point within an arc of 30 degrees from either side of the front or rear of the dolphin.","sortOrder":449},{"sectionNumber":"sec.282","sectionType":"section","heading":"Meaning of caution zone","content":"### sec.282 Meaning of caution zone\n\nThe caution zone for a special marine mammal declared under a temporary special marine mammal declaration is the area that is—\noutside the no approach zone for the mammal; but\nwithin the distance, if any, declared for the mammal under section 294 (2) (b) (i) .\nThe caution zone for a marine mammal in a marine mammal special management area declared under a temporary marine mammal special management area declaration, other than a marine mammal mentioned in subsection (1) , is the area that is—\noutside the no approach zone for the mammal; but\nwithin the distance, if any, declared for the area and mammal under section 287 (2) (b) (i) .\nThe caution zone for a whale, other than a whale mentioned in subsection (1) or (2) , is the area that is—\noutside the no approach zone for the whale; but\nwithin a distance of 300m from the whale.\nThe caution zone for a dolphin, other than a dolphin mentioned in subsection (1) or (2) , is the area that is—\noutside the no approach zone for the dolphin; but\nwithin a distance of 150m from the dolphin.\n(sec.282-ssec.1) The caution zone for a special marine mammal declared under a temporary special marine mammal declaration is the area that is— outside the no approach zone for the mammal; but within the distance, if any, declared for the mammal under section 294 (2) (b) (i) .\n(sec.282-ssec.2) The caution zone for a marine mammal in a marine mammal special management area declared under a temporary marine mammal special management area declaration, other than a marine mammal mentioned in subsection (1) , is the area that is— outside the no approach zone for the mammal; but within the distance, if any, declared for the area and mammal under section 287 (2) (b) (i) .\n(sec.282-ssec.3) The caution zone for a whale, other than a whale mentioned in subsection (1) or (2) , is the area that is— outside the no approach zone for the whale; but within a distance of 300m from the whale.\n(sec.282-ssec.4) The caution zone for a dolphin, other than a dolphin mentioned in subsection (1) or (2) , is the area that is— outside the no approach zone for the dolphin; but within a distance of 150m from the dolphin.\n- (a) outside the no approach zone for the mammal; but\n- (b) within the distance, if any, declared for the mammal under section 294 (2) (b) (i) .\n- (a) outside the no approach zone for the mammal; but\n- (b) within the distance, if any, declared for the area and mammal under section 287 (2) (b) (i) .\n- (a) outside the no approach zone for the whale; but\n- (b) within a distance of 300m from the whale.\n- (a) outside the no approach zone for the dolphin; but\n- (b) within a distance of 150m from the dolphin.","sortOrder":450},{"sectionNumber":"sec.282A","sectionType":"section","heading":"Meaning of aircraft —Act, schedule","content":"### sec.282A Meaning of aircraft —Act, schedule\n\nFor the Act , schedule, definition aircraft , a wing in ground effect craft is prescribed not to be an aircraft for this chapter and schedule 4 .\ns 282A ins 2022 Act No. 21 s 29","sortOrder":451},{"sectionNumber":"sec.283","sectionType":"section","heading":"Meaning of prescribed distance for prohibited vessel or aircraft","content":"### sec.283 Meaning of prescribed distance for prohibited vessel or aircraft\n\nThis section states the prescribed distance for a prohibited vessel or aircraft in relation to a marine mammal.\nIf the mammal is a special marine mammal declared under a permanent special marine mammal declaration, the prescribed distance is the distance for the vessel or aircraft mentioned opposite the mammal in schedule 4 , part 2 , column 3.\nIf the mammal is a special marine mammal declared under a temporary special marine mammal declaration, the prescribed distance is the distance, if any, for the vessel or aircraft declared for the mammal under section 294 (2) (b) (iii) .\nIf the mammal is in a marine mammal special management area declared under a temporary marine mammal special management area declaration, and is not a marine mammal mentioned in subsection (2) or (3) , the prescribed distance is the distance, if any, for the vessel or aircraft declared for the area and mammal under section 287 (2) (b) (iii) .\nIf the mammal is a whale or dolphin, other than a whale or dolphin mentioned subsection (2) , (3) or (4) , the prescribed distance is—\nfor a prohibited vessel or an aircraft, other than a helicopter or a drone—300m; or\nfor a helicopter—500m; or\nfor a drone—100m.\ns 283 amd 2024 SL No. 196 s 19\n(sec.283-ssec.1) This section states the prescribed distance for a prohibited vessel or aircraft in relation to a marine mammal.\n(sec.283-ssec.2) If the mammal is a special marine mammal declared under a permanent special marine mammal declaration, the prescribed distance is the distance for the vessel or aircraft mentioned opposite the mammal in schedule 4 , part 2 , column 3.\n(sec.283-ssec.3) If the mammal is a special marine mammal declared under a temporary special marine mammal declaration, the prescribed distance is the distance, if any, for the vessel or aircraft declared for the mammal under section 294 (2) (b) (iii) .\n(sec.283-ssec.4) If the mammal is in a marine mammal special management area declared under a temporary marine mammal special management area declaration, and is not a marine mammal mentioned in subsection (2) or (3) , the prescribed distance is the distance, if any, for the vessel or aircraft declared for the area and mammal under section 287 (2) (b) (iii) .\n(sec.283-ssec.5) If the mammal is a whale or dolphin, other than a whale or dolphin mentioned subsection (2) , (3) or (4) , the prescribed distance is— for a prohibited vessel or an aircraft, other than a helicopter or a drone—300m; or for a helicopter—500m; or for a drone—100m.\n- (a) for a prohibited vessel or an aircraft, other than a helicopter or a drone—300m; or\n- (b) for a helicopter—500m; or\n- (c) for a drone—100m.","sortOrder":452},{"sectionNumber":"sec.284","sectionType":"section","heading":"Meaning of prescribed distance for person entering or in water","content":"### sec.284 Meaning of prescribed distance for person entering or in water\n\nThis section states the prescribed distance for a person entering or in water, in relation to a marine mammal.\nIf the mammal is a special marine mammal declared under a temporary special marine mammal declaration, the prescribed distance is the distance, if any, declared for the mammal under section 294 (2) (b) (iv) .\nIf the mammal is in a marine mammal special management area declared under a temporary marine mammal special management area declaration, and is not a marine mammal mentioned in subsection (2) , the prescribed distance is the distance, if any, declared for the area and mammal under section 287 (2) (b) (iv) .\nIf the mammal is a whale, other than a whale to which subsection (2) or (3) applies, the prescribed distance is 100m.\nIf the mammal is a dolphin, other than a dolphin to which subsection (2) or (3) applies, the prescribed distance is 50m.\n(sec.284-ssec.1) This section states the prescribed distance for a person entering or in water, in relation to a marine mammal.\n(sec.284-ssec.2) If the mammal is a special marine mammal declared under a temporary special marine mammal declaration, the prescribed distance is the distance, if any, declared for the mammal under section 294 (2) (b) (iv) .\n(sec.284-ssec.3) If the mammal is in a marine mammal special management area declared under a temporary marine mammal special management area declaration, and is not a marine mammal mentioned in subsection (2) , the prescribed distance is the distance, if any, declared for the area and mammal under section 287 (2) (b) (iv) .\n(sec.284-ssec.4) If the mammal is a whale, other than a whale to which subsection (2) or (3) applies, the prescribed distance is 100m.\n(sec.284-ssec.5) If the mammal is a dolphin, other than a dolphin to which subsection (2) or (3) applies, the prescribed distance is 50m.","sortOrder":453},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Marine mammal special management declarations","content":"# Marine mammal special management declarations","sortOrder":454},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":455},{"sectionNumber":"sec.285","sectionType":"section","heading":"Definition for part","content":"### sec.285 Definition for part\n\nIn this part—\nrelevant purpose means—\nensuring the biologically viable populations of marine mammals are conserved or re-established, including, for example, by—\nconserving critical habitat for marine mammals; or\ncontrolling or removing a threatening process; or\nminimising harm and distress caused directly or indirectly to marine mammals or their habitat by human activity; or\nrecognising—\nthe interest of Aboriginal peoples and Torres Strait Islander peoples in marine mammals; or\nthe involvement of Aboriginal peoples and Torres Strait Islander peoples in the conservation of marine mammals.\ns 285 def relevant purpose amd 2024 SL No. 196 s 63 sch 1\n- (a) ensuring the biologically viable populations of marine mammals are conserved or re-established, including, for example, by— (i) conserving critical habitat for marine mammals; or (ii) controlling or removing a threatening process; or\n- (i) conserving critical habitat for marine mammals; or\n- (ii) controlling or removing a threatening process; or\n- (b) minimising harm and distress caused directly or indirectly to marine mammals or their habitat by human activity; or\n- (c) recognising— (i) the interest of Aboriginal peoples and Torres Strait Islander peoples in marine mammals; or (ii) the involvement of Aboriginal peoples and Torres Strait Islander peoples in the conservation of marine mammals.\n- (i) the interest of Aboriginal peoples and Torres Strait Islander peoples in marine mammals; or\n- (ii) the involvement of Aboriginal peoples and Torres Strait Islander peoples in the conservation of marine mammals.\n- (i) conserving critical habitat for marine mammals; or\n- (ii) controlling or removing a threatening process; or\n- (i) the interest of Aboriginal peoples and Torres Strait Islander peoples in marine mammals; or\n- (ii) the involvement of Aboriginal peoples and Torres Strait Islander peoples in the conservation of marine mammals.","sortOrder":456},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Marine mammal special management areas","content":"## Marine mammal special management areas","sortOrder":457},{"sectionNumber":"sec.286","sectionType":"section","heading":"Permanent marine mammal special management areas","content":"### sec.286 Permanent marine mammal special management areas\n\nAn area described in schedule 4 , part 1 , column 1 is declared to be a marine mammal special management area.","sortOrder":458},{"sectionNumber":"sec.287","sectionType":"section","heading":"Temporary marine mammal special management areas","content":"### sec.287 Temporary marine mammal special management areas\n\nThis section applies if the chief executive is satisfied—\nan area (the relevant area ) is, or is likely to be—\ncritical habitat for a marine mammal; or\na migratory route or corridor for a marine mammal; or\na mating or calving ground for a marine mammal; or\na feeding ground for a marine mammal; or\nregularly frequented by a marine mammal; or\nthe subject of an activity for which a marine mammal is, or is to be, used under Aboriginal tradition or Ailan Kastom; or\nthe subject of relevant scientific research; and\nthe relevant area is likely to be the kind of area mentioned in paragraph (a) only for a temporary period; and\nit is necessary for the relevant area to temporarily be a marine mammal special management area to achieve a relevant purpose.\nan area that has become a temporary feeding ground for a herd of dugong because the herd’s permanent feeding ground has been damaged by a natural disaster\nThe chief executive may—\ndeclare the relevant area to be a marine mammal special management area for a period of not more than 60 days; and\ndeclare 1 or more of the following for a marine mammal in the marine mammal special management area—\nthe stated distance for the caution zone;\nthe stated distance for the no approach zone;\nthe prescribed distance for a prohibited vessel or aircraft;\nthe prescribed distance for a person entering or in water;\nthat a person in control of a permitted boat must not bring the boat within a stated distance of the mammal at a stated speed; and\na speed of more than 6 knots\ndeclare activities that are prohibited in the relevant area.\nThe declaration must be—\npublished by gazette notice; or\nsubject to subsection (4) , published in—\na newspaper circulating generally throughout Queensland; and\na newspaper circulating generally in the area in which the relevant area is located.\nHowever, the chief executive is not required to publish the declaration under subsection (3) (b) (ii) if the chief executive is satisfied that publishing the declaration under subsection (3) (b) (i) and (5) will give sufficient notice of the declaration to the people particularly affected by it, having regard to—\nthe relevant area; and\nthe activities to be regulated in the relevant area.\nThe chief executive—\nmust also publish a copy of the declaration on the department’s website and, if practicable, on a sign erected—\nat or near a usual access point to the relevant area; or\nin a position that would normally be seen by a person accessing the relevant area; and\nmay publish the declaration in any other way the chief executive considers appropriate.\nradio announcements, publication on other websites\nIn this section—\nrelevant scientific research —\nmeans scientific research relevant to the conservation of marine mammals; and\nincludes scientific research that enhances scientific knowledge of marine mammals.\ns 287 amd 2024 SL No. 196 s 63 sch 1 ; 2025 SL No. 42 s 21\n(sec.287-ssec.1) This section applies if the chief executive is satisfied— an area (the relevant area ) is, or is likely to be— critical habitat for a marine mammal; or a migratory route or corridor for a marine mammal; or a mating or calving ground for a marine mammal; or a feeding ground for a marine mammal; or regularly frequented by a marine mammal; or the subject of an activity for which a marine mammal is, or is to be, used under Aboriginal tradition or Ailan Kastom; or the subject of relevant scientific research; and the relevant area is likely to be the kind of area mentioned in paragraph (a) only for a temporary period; and it is necessary for the relevant area to temporarily be a marine mammal special management area to achieve a relevant purpose. an area that has become a temporary feeding ground for a herd of dugong because the herd’s permanent feeding ground has been damaged by a natural disaster\n(sec.287-ssec.2) The chief executive may— declare the relevant area to be a marine mammal special management area for a period of not more than 60 days; and declare 1 or more of the following for a marine mammal in the marine mammal special management area— the stated distance for the caution zone; the stated distance for the no approach zone; the prescribed distance for a prohibited vessel or aircraft; the prescribed distance for a person entering or in water; that a person in control of a permitted boat must not bring the boat within a stated distance of the mammal at a stated speed; and a speed of more than 6 knots declare activities that are prohibited in the relevant area.\n(sec.287-ssec.3) The declaration must be— published by gazette notice; or subject to subsection (4) , published in— a newspaper circulating generally throughout Queensland; and a newspaper circulating generally in the area in which the relevant area is located.\n(sec.287-ssec.4) However, the chief executive is not required to publish the declaration under subsection (3) (b) (ii) if the chief executive is satisfied that publishing the declaration under subsection (3) (b) (i) and (5) will give sufficient notice of the declaration to the people particularly affected by it, having regard to— the relevant area; and the activities to be regulated in the relevant area.\n(sec.287-ssec.5) The chief executive— must also publish a copy of the declaration on the department’s website and, if practicable, on a sign erected— at or near a usual access point to the relevant area; or in a position that would normally be seen by a person accessing the relevant area; and may publish the declaration in any other way the chief executive considers appropriate. radio announcements, publication on other websites\n(sec.287-ssec.6) In this section— relevant scientific research — means scientific research relevant to the conservation of marine mammals; and includes scientific research that enhances scientific knowledge of marine mammals.\n- (a) an area (the relevant area ) is, or is likely to be— (i) critical habitat for a marine mammal; or (ii) a migratory route or corridor for a marine mammal; or (iii) a mating or calving ground for a marine mammal; or (iv) a feeding ground for a marine mammal; or (v) regularly frequented by a marine mammal; or (vi) the subject of an activity for which a marine mammal is, or is to be, used under Aboriginal tradition or Ailan Kastom; or (vii) the subject of relevant scientific research; and\n- (i) critical habitat for a marine mammal; or\n- (ii) a migratory route or corridor for a marine mammal; or\n- (iii) a mating or calving ground for a marine mammal; or\n- (iv) a feeding ground for a marine mammal; or\n- (v) regularly frequented by a marine mammal; or\n- (vi) the subject of an activity for which a marine mammal is, or is to be, used under Aboriginal tradition or Ailan Kastom; or\n- (vii) the subject of relevant scientific research; and\n- (b) the relevant area is likely to be the kind of area mentioned in paragraph (a) only for a temporary period; and\n- (c) it is necessary for the relevant area to temporarily be a marine mammal special management area to achieve a relevant purpose.\n- (i) critical habitat for a marine mammal; or\n- (ii) a migratory route or corridor for a marine mammal; or\n- (iii) a mating or calving ground for a marine mammal; or\n- (iv) a feeding ground for a marine mammal; or\n- (v) regularly frequented by a marine mammal; or\n- (vi) the subject of an activity for which a marine mammal is, or is to be, used under Aboriginal tradition or Ailan Kastom; or\n- (vii) the subject of relevant scientific research; and\n- (a) declare the relevant area to be a marine mammal special management area for a period of not more than 60 days; and\n- (b) declare 1 or more of the following for a marine mammal in the marine mammal special management area— (i) the stated distance for the caution zone; (ii) the stated distance for the no approach zone; (iii) the prescribed distance for a prohibited vessel or aircraft; (iv) the prescribed distance for a person entering or in water; (v) that a person in control of a permitted boat must not bring the boat within a stated distance of the mammal at a stated speed; and Example of a stated speed— a speed of more than 6 knots\n- (i) the stated distance for the caution zone;\n- (ii) the stated distance for the no approach zone;\n- (iii) the prescribed distance for a prohibited vessel or aircraft;\n- (iv) the prescribed distance for a person entering or in water;\n- (v) that a person in control of a permitted boat must not bring the boat within a stated distance of the mammal at a stated speed; and Example of a stated speed— a speed of more than 6 knots\n- (c) declare activities that are prohibited in the relevant area.\n- (i) the stated distance for the caution zone;\n- (ii) the stated distance for the no approach zone;\n- (iii) the prescribed distance for a prohibited vessel or aircraft;\n- (iv) the prescribed distance for a person entering or in water;\n- (v) that a person in control of a permitted boat must not bring the boat within a stated distance of the mammal at a stated speed; and Example of a stated speed— a speed of more than 6 knots\n- (a) published by gazette notice; or\n- (b) subject to subsection (4) , published in— (i) a newspaper circulating generally throughout Queensland; and (ii) a newspaper circulating generally in the area in which the relevant area is located.\n- (i) a newspaper circulating generally throughout Queensland; and\n- (ii) a newspaper circulating generally in the area in which the relevant area is located.\n- (i) a newspaper circulating generally throughout Queensland; and\n- (ii) a newspaper circulating generally in the area in which the relevant area is located.\n- (a) the relevant area; and\n- (b) the activities to be regulated in the relevant area.\n- (a) must also publish a copy of the declaration on the department’s website and, if practicable, on a sign erected— (i) at or near a usual access point to the relevant area; or (ii) in a position that would normally be seen by a person accessing the relevant area; and\n- (i) at or near a usual access point to the relevant area; or\n- (ii) in a position that would normally be seen by a person accessing the relevant area; and\n- (b) may publish the declaration in any other way the chief executive considers appropriate. Examples of other ways— radio announcements, publication on other websites\n- (i) at or near a usual access point to the relevant area; or\n- (ii) in a position that would normally be seen by a person accessing the relevant area; and\n- (a) means scientific research relevant to the conservation of marine mammals; and\n- (b) includes scientific research that enhances scientific knowledge of marine mammals.","sortOrder":459},{"sectionNumber":"sec.288","sectionType":"section","heading":"Form of temporary marine mammal special management area declaration","content":"### sec.288 Form of temporary marine mammal special management area declaration\n\nA temporary marine mammal special management area declaration must—\nidentify the limits of the area that is the subject of the declaration; and\nstate the reasons for the declaration; and\ninclude the declarations under section 287 (2) (b) applying to the area that is the subject of the declaration; and\nstate the following for declarations under section 287 (2) (b) —\nthe nature of the offence, under this regulation, that relates to the declaration;\nthe maximum penalty under this regulation for the offence mentioned in subparagraph (i) ; and\nstate the period for which the declaration will be in effect.\n- (a) identify the limits of the area that is the subject of the declaration; and\n- (b) state the reasons for the declaration; and\n- (c) include the declarations under section 287 (2) (b) applying to the area that is the subject of the declaration; and\n- (d) state the following for declarations under section 287 (2) (b) — (i) the nature of the offence, under this regulation, that relates to the declaration; (ii) the maximum penalty under this regulation for the offence mentioned in subparagraph (i) ; and\n- (i) the nature of the offence, under this regulation, that relates to the declaration;\n- (ii) the maximum penalty under this regulation for the offence mentioned in subparagraph (i) ; and\n- (e) state the period for which the declaration will be in effect.\n- (i) the nature of the offence, under this regulation, that relates to the declaration;\n- (ii) the maximum penalty under this regulation for the offence mentioned in subparagraph (i) ; and","sortOrder":460},{"sectionNumber":"sec.289","sectionType":"section","heading":"Term of temporary marine mammal special management area declaration","content":"### sec.289 Term of temporary marine mammal special management area declaration\n\nA temporary marine mammal special management area declaration—\ntakes effect—\nwhen the declaration is published under section 287 (3) (a) ; or\nif a later time is stated in the declaration—at the later time; and\napplies for the period stated in the declaration unless—\nthe period is extended under section 290 ; or\nthe declaration is revoked under section 291 .\n- (a) takes effect— (i) when the declaration is published under section 287 (3) (a) ; or (ii) if a later time is stated in the declaration—at the later time; and\n- (i) when the declaration is published under section 287 (3) (a) ; or\n- (ii) if a later time is stated in the declaration—at the later time; and\n- (b) applies for the period stated in the declaration unless— (i) the period is extended under section 290 ; or (ii) the declaration is revoked under section 291 .\n- (i) the period is extended under section 290 ; or\n- (ii) the declaration is revoked under section 291 .\n- (i) when the declaration is published under section 287 (3) (a) ; or\n- (ii) if a later time is stated in the declaration—at the later time; and\n- (i) the period is extended under section 290 ; or\n- (ii) the declaration is revoked under section 291 .","sortOrder":461},{"sectionNumber":"sec.290","sectionType":"section","heading":"Extension of period of temporary marine mammal special management area declaration","content":"### sec.290 Extension of period of temporary marine mammal special management area declaration\n\nThis section applies if the chief executive is satisfied the reasons for making a temporary marine mammal special management area declaration will still exist after the end of the period stated in the declaration.\nThe chief executive may extend the period for a further period of not more than 120 days.\nBefore extending the period under subsection (2) , the chief executive must—\npublish a notice (an extension notice ) about the proposed extension—\nin a newspaper likely to be read by people particularly affected by the proposed extension; and\non the department’s website; and\nhave regard to any submissions received under subsection (4) (b) .\nThe extension notice must state that—\nconsideration is being given to extending the period for which the declaration has effect; and\npeople are invited to make written submissions in relation to the proposed extension within a period of at least 7 days stated in the extension notice.\n(sec.290-ssec.1) This section applies if the chief executive is satisfied the reasons for making a temporary marine mammal special management area declaration will still exist after the end of the period stated in the declaration.\n(sec.290-ssec.2) The chief executive may extend the period for a further period of not more than 120 days.\n(sec.290-ssec.3) Before extending the period under subsection (2) , the chief executive must— publish a notice (an extension notice ) about the proposed extension— in a newspaper likely to be read by people particularly affected by the proposed extension; and on the department’s website; and have regard to any submissions received under subsection (4) (b) .\n(sec.290-ssec.4) The extension notice must state that— consideration is being given to extending the period for which the declaration has effect; and people are invited to make written submissions in relation to the proposed extension within a period of at least 7 days stated in the extension notice.\n- (a) publish a notice (an extension notice ) about the proposed extension— (i) in a newspaper likely to be read by people particularly affected by the proposed extension; and (ii) on the department’s website; and\n- (i) in a newspaper likely to be read by people particularly affected by the proposed extension; and\n- (ii) on the department’s website; and\n- (b) have regard to any submissions received under subsection (4) (b) .\n- (i) in a newspaper likely to be read by people particularly affected by the proposed extension; and\n- (ii) on the department’s website; and\n- (a) consideration is being given to extending the period for which the declaration has effect; and\n- (b) people are invited to make written submissions in relation to the proposed extension within a period of at least 7 days stated in the extension notice.","sortOrder":462},{"sectionNumber":"sec.291","sectionType":"section","heading":"Revocation of temporary marine mammal special management area declaration","content":"### sec.291 Revocation of temporary marine mammal special management area declaration\n\nThis section applies if the chief executive is satisfied the reasons for making a temporary marine mammal special management area declaration no longer exist.\nThe chief executive must revoke the declaration as soon as practicable.\n(sec.291-ssec.1) This section applies if the chief executive is satisfied the reasons for making a temporary marine mammal special management area declaration no longer exist.\n(sec.291-ssec.2) The chief executive must revoke the declaration as soon as practicable.","sortOrder":463},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Special marine mammals","content":"## Special marine mammals","sortOrder":464},{"sectionNumber":"sec.292","sectionType":"section","heading":"Definition for division","content":"### sec.292 Definition for division\n\nIn this division—\nrelevant group of marine mammals , in relation to a marine mammal, means a group of marine mammals that the marine mammal is part of.","sortOrder":465},{"sectionNumber":"sec.293","sectionType":"section","heading":"Permanent special marine mammals","content":"### sec.293 Permanent special marine mammals\n\nA marine mammal described in schedule 4 , part 2 , column 1 is declared to be a special marine mammal.","sortOrder":466},{"sectionNumber":"sec.294","sectionType":"section","heading":"Temporary special marine mammals","content":"### sec.294 Temporary special marine mammals\n\nThis section applies if the chief executive is satisfied—\na marine mammal—\nis at risk of harassment, injury, further injury or death because the mammal is—\na female marine mammal that has recently given, or is about to give, birth; or\na calf separated from a marine mammal or group of marine mammals; or\nstranded; or\na morphological-variant or colour-variant marine mammal of its species; or\nmay potentially be at risk of harassment, injury, or further injury or death because the marine mammal is in a place readily accessible to members of the public; or\nis to be used under Aboriginal tradition or Ailan Kastom; and\nthe marine mammal is likely to be the kind of marine mammal mentioned in paragraph (a) only for a temporary period; and\nit is necessary for the marine mammal, or a relevant group of marine mammals, to temporarily be declared to be special marine mammals to—\nachieve a relevant purpose; or\nensure the safety, health or wellbeing of humans.\nThe chief executive may—\ndeclare the marine mammal, or the relevant group of marine mammals, to be special marine mammals for a period of not more than 1 year; and\ndeclare 1 or more of the following for the marine mammal or the relevant group of marine mammals—\nthe stated distance for the caution zone;\nthe stated distance for the no approach zone;\nthe prescribed distance for a prohibited vessel or aircraft;\nthe prescribed distance for a person entering or in water;\nthat a person in control of a permitted boat must not bring the boat within a stated distance of the mammal or group at a stated speed.\na speed of more than 6 knots\nThe declaration must be—\npublished by gazette notice; or\npublished in—\na newspaper circulating generally throughout Queensland; and\na newspaper circulating generally in the area in which the marine mammal or relevant group is likely to be located.\nHowever, the chief executive is not required to publish the declaration under subsection (3) (b) (ii) if the chief executive is satisfied that publishing the declaration under subsection (3) (b) (i) and (5) will give sufficient notice of the declaration to the people particularly affected by it, having regard to—\nthe nature of the mammal or group; and\nthe area in which the mammal or group is or is likely to be located.\nThe chief executive—\nmust also publish a copy of the declaration on the department’s website and, if practicable, on a sign erected—\nat or near a usual access point to an area in which the mammal or group is or is likely to be located; or\nin a position that would normally be seen by a person accessing an area in which the mammal or group is or is likely to be located; and\nmay publish the declaration in any other way the chief executive considers appropriate.\nradio announcements, publication on other websites\ns 294 amd 2024 SL No. 196 s 63 sch 1 ; 2025 SL No. 42 s 22\n(sec.294-ssec.1) This section applies if the chief executive is satisfied— a marine mammal— is at risk of harassment, injury, further injury or death because the mammal is— a female marine mammal that has recently given, or is about to give, birth; or a calf separated from a marine mammal or group of marine mammals; or stranded; or a morphological-variant or colour-variant marine mammal of its species; or may potentially be at risk of harassment, injury, or further injury or death because the marine mammal is in a place readily accessible to members of the public; or is to be used under Aboriginal tradition or Ailan Kastom; and the marine mammal is likely to be the kind of marine mammal mentioned in paragraph (a) only for a temporary period; and it is necessary for the marine mammal, or a relevant group of marine mammals, to temporarily be declared to be special marine mammals to— achieve a relevant purpose; or ensure the safety, health or wellbeing of humans.\n(sec.294-ssec.2) The chief executive may— declare the marine mammal, or the relevant group of marine mammals, to be special marine mammals for a period of not more than 1 year; and declare 1 or more of the following for the marine mammal or the relevant group of marine mammals— the stated distance for the caution zone; the stated distance for the no approach zone; the prescribed distance for a prohibited vessel or aircraft; the prescribed distance for a person entering or in water; that a person in control of a permitted boat must not bring the boat within a stated distance of the mammal or group at a stated speed. a speed of more than 6 knots\n(sec.294-ssec.3) The declaration must be— published by gazette notice; or published in— a newspaper circulating generally throughout Queensland; and a newspaper circulating generally in the area in which the marine mammal or relevant group is likely to be located.\n(sec.294-ssec.4) However, the chief executive is not required to publish the declaration under subsection (3) (b) (ii) if the chief executive is satisfied that publishing the declaration under subsection (3) (b) (i) and (5) will give sufficient notice of the declaration to the people particularly affected by it, having regard to— the nature of the mammal or group; and the area in which the mammal or group is or is likely to be located.\n(sec.294-ssec.5) The chief executive— must also publish a copy of the declaration on the department’s website and, if practicable, on a sign erected— at or near a usual access point to an area in which the mammal or group is or is likely to be located; or in a position that would normally be seen by a person accessing an area in which the mammal or group is or is likely to be located; and may publish the declaration in any other way the chief executive considers appropriate. radio announcements, publication on other websites\n- (a) a marine mammal— (i) is at risk of harassment, injury, further injury or death because the mammal is— (A) a female marine mammal that has recently given, or is about to give, birth; or (B) a calf separated from a marine mammal or group of marine mammals; or (C) stranded; or (D) a morphological-variant or colour-variant marine mammal of its species; or (ii) may potentially be at risk of harassment, injury, or further injury or death because the marine mammal is in a place readily accessible to members of the public; or (iii) is to be used under Aboriginal tradition or Ailan Kastom; and\n- (i) is at risk of harassment, injury, further injury or death because the mammal is— (A) a female marine mammal that has recently given, or is about to give, birth; or (B) a calf separated from a marine mammal or group of marine mammals; or (C) stranded; or (D) a morphological-variant or colour-variant marine mammal of its species; or\n- (A) a female marine mammal that has recently given, or is about to give, birth; or\n- (B) a calf separated from a marine mammal or group of marine mammals; or\n- (C) stranded; or\n- (D) a morphological-variant or colour-variant marine mammal of its species; or\n- (ii) may potentially be at risk of harassment, injury, or further injury or death because the marine mammal is in a place readily accessible to members of the public; or\n- (iii) is to be used under Aboriginal tradition or Ailan Kastom; and\n- (b) the marine mammal is likely to be the kind of marine mammal mentioned in paragraph (a) only for a temporary period; and\n- (c) it is necessary for the marine mammal, or a relevant group of marine mammals, to temporarily be declared to be special marine mammals to— (i) achieve a relevant purpose; or (ii) ensure the safety, health or wellbeing of humans.\n- (i) achieve a relevant purpose; or\n- (ii) ensure the safety, health or wellbeing of humans.\n- (i) is at risk of harassment, injury, further injury or death because the mammal is— (A) a female marine mammal that has recently given, or is about to give, birth; or (B) a calf separated from a marine mammal or group of marine mammals; or (C) stranded; or (D) a morphological-variant or colour-variant marine mammal of its species; or\n- (A) a female marine mammal that has recently given, or is about to give, birth; or\n- (B) a calf separated from a marine mammal or group of marine mammals; or\n- (C) stranded; or\n- (D) a morphological-variant or colour-variant marine mammal of its species; or\n- (ii) may potentially be at risk of harassment, injury, or further injury or death because the marine mammal is in a place readily accessible to members of the public; or\n- (iii) is to be used under Aboriginal tradition or Ailan Kastom; and\n- (A) a female marine mammal that has recently given, or is about to give, birth; or\n- (B) a calf separated from a marine mammal or group of marine mammals; or\n- (C) stranded; or\n- (D) a morphological-variant or colour-variant marine mammal of its species; or\n- (i) achieve a relevant purpose; or\n- (ii) ensure the safety, health or wellbeing of humans.\n- (a) declare the marine mammal, or the relevant group of marine mammals, to be special marine mammals for a period of not more than 1 year; and\n- (b) declare 1 or more of the following for the marine mammal or the relevant group of marine mammals— (i) the stated distance for the caution zone; (ii) the stated distance for the no approach zone; (iii) the prescribed distance for a prohibited vessel or aircraft; (iv) the prescribed distance for a person entering or in water; (v) that a person in control of a permitted boat must not bring the boat within a stated distance of the mammal or group at a stated speed. Example of a stated speed— a speed of more than 6 knots\n- (i) the stated distance for the caution zone;\n- (ii) the stated distance for the no approach zone;\n- (iii) the prescribed distance for a prohibited vessel or aircraft;\n- (iv) the prescribed distance for a person entering or in water;\n- (v) that a person in control of a permitted boat must not bring the boat within a stated distance of the mammal or group at a stated speed. Example of a stated speed— a speed of more than 6 knots\n- (i) the stated distance for the caution zone;\n- (ii) the stated distance for the no approach zone;\n- (iii) the prescribed distance for a prohibited vessel or aircraft;\n- (iv) the prescribed distance for a person entering or in water;\n- (v) that a person in control of a permitted boat must not bring the boat within a stated distance of the mammal or group at a stated speed. Example of a stated speed— a speed of more than 6 knots\n- (a) published by gazette notice; or\n- (b) published in— (i) a newspaper circulating generally throughout Queensland; and (ii) a newspaper circulating generally in the area in which the marine mammal or relevant group is likely to be located.\n- (i) a newspaper circulating generally throughout Queensland; and\n- (ii) a newspaper circulating generally in the area in which the marine mammal or relevant group is likely to be located.\n- (i) a newspaper circulating generally throughout Queensland; and\n- (ii) a newspaper circulating generally in the area in which the marine mammal or relevant group is likely to be located.\n- (a) the nature of the mammal or group; and\n- (b) the area in which the mammal or group is or is likely to be located.\n- (a) must also publish a copy of the declaration on the department’s website and, if practicable, on a sign erected— (i) at or near a usual access point to an area in which the mammal or group is or is likely to be located; or (ii) in a position that would normally be seen by a person accessing an area in which the mammal or group is or is likely to be located; and\n- (i) at or near a usual access point to an area in which the mammal or group is or is likely to be located; or\n- (ii) in a position that would normally be seen by a person accessing an area in which the mammal or group is or is likely to be located; and\n- (b) may publish the declaration in any other way the chief executive considers appropriate. Examples of other ways— radio announcements, publication on other websites\n- (i) at or near a usual access point to an area in which the mammal or group is or is likely to be located; or\n- (ii) in a position that would normally be seen by a person accessing an area in which the mammal or group is or is likely to be located; and","sortOrder":467},{"sectionNumber":"sec.295","sectionType":"section","heading":"Effect of declaration for a relevant group of marine mammals","content":"### sec.295 Effect of declaration for a relevant group of marine mammals\n\nThis section applies if a temporary special marine mammal declaration is made for a relevant group of marine mammals.\nEach marine mammal in the group is a special marine mammal at all times the mammal is a member of the group.\n(sec.295-ssec.1) This section applies if a temporary special marine mammal declaration is made for a relevant group of marine mammals.\n(sec.295-ssec.2) Each marine mammal in the group is a special marine mammal at all times the mammal is a member of the group.","sortOrder":468},{"sectionNumber":"sec.296","sectionType":"section","heading":"Form of temporary special marine mammal declaration","content":"### sec.296 Form of temporary special marine mammal declaration\n\nA temporary special marine mammal declaration must—\nidentify the marine mammal, or the relevant group of marine mammals, that is the subject of the declaration; and\nnaming the species of marine mammal and describing the unique characteristics of the mammal\nstate the reasons for the declaration; and\ninclude the declarations under section 294 (2) (b) applying to the marine mammal, or the relevant group of marine mammals, that is the subject of the declaration; and\nstate the following for declarations under section 294 (2) (b) —\nthe nature of the offence, under this regulation, that relates to the declaration;\nthe maximum penalty under this regulation for the offence mentioned in subparagraph (i) ; and\nstate the period for which the declaration will be in effect.\n- (a) identify the marine mammal, or the relevant group of marine mammals, that is the subject of the declaration; and Example of identifying a marine mammal— naming the species of marine mammal and describing the unique characteristics of the mammal\n- (b) state the reasons for the declaration; and\n- (c) include the declarations under section 294 (2) (b) applying to the marine mammal, or the relevant group of marine mammals, that is the subject of the declaration; and\n- (d) state the following for declarations under section 294 (2) (b) — (i) the nature of the offence, under this regulation, that relates to the declaration; (ii) the maximum penalty under this regulation for the offence mentioned in subparagraph (i) ; and\n- (i) the nature of the offence, under this regulation, that relates to the declaration;\n- (ii) the maximum penalty under this regulation for the offence mentioned in subparagraph (i) ; and\n- (e) state the period for which the declaration will be in effect.\n- (i) the nature of the offence, under this regulation, that relates to the declaration;\n- (ii) the maximum penalty under this regulation for the offence mentioned in subparagraph (i) ; and","sortOrder":469},{"sectionNumber":"sec.297","sectionType":"section","heading":"Term of temporary special marine mammal declaration","content":"### sec.297 Term of temporary special marine mammal declaration\n\nA temporary special marine mammal declaration—\ntakes effect—\nwhen the notice for the declaration is published under section 294 (3) (a) ; or\nif a later time is stated in the notice—at the later time; and\napplies for the period stated in the notice unless the declaration is revoked under section 298 .\n- (a) takes effect— (i) when the notice for the declaration is published under section 294 (3) (a) ; or (ii) if a later time is stated in the notice—at the later time; and\n- (i) when the notice for the declaration is published under section 294 (3) (a) ; or\n- (ii) if a later time is stated in the notice—at the later time; and\n- (b) applies for the period stated in the notice unless the declaration is revoked under section 298 .\n- (i) when the notice for the declaration is published under section 294 (3) (a) ; or\n- (ii) if a later time is stated in the notice—at the later time; and","sortOrder":470},{"sectionNumber":"sec.298","sectionType":"section","heading":"Revocation of temporary special marine mammal declaration","content":"### sec.298 Revocation of temporary special marine mammal declaration\n\nThis section applies if the chief executive is satisfied the reasons for making a temporary special marine mammal declaration no longer exist.\nThe chief executive must revoke the declaration as soon as practicable.\n(sec.298-ssec.1) This section applies if the chief executive is satisfied the reasons for making a temporary special marine mammal declaration no longer exist.\n(sec.298-ssec.2) The chief executive must revoke the declaration as soon as practicable.","sortOrder":471},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Dealing with marine mammals","content":"# Dealing with marine mammals","sortOrder":472},{"sectionNumber":"ch.6-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":473},{"sectionNumber":"sec.299","sectionType":"section","heading":"Application of part","content":"### sec.299 Application of part\n\nThis part applies in relation to a marine mammal in the wild.\nHowever, divisions 3 to 5 do not apply in relation to a person to the extent the person is—\nacting under section 32 ; or\nacting under a research permit; or\nacting under an approval mentioned in section 300 ; or\ncomplying with a direction given, or a request made, by a conservation officer under section 316 .\nFor this part, a no approach zone, caution zone or prescribed distance declared under section 287 (2) does not apply in relation to a dugong unless the no approach zone, caution zone or prescribed distance is expressly declared under section 287 (2) to apply to the dugong.\nTo remove any doubt it is declared that, subject to subsections (2) and (3) , divisions 3 to 5 apply despite any other provision of this regulation, including, for example, a provision authorising a person to carry out an activity under an animal authority.\n(sec.299-ssec.1) This part applies in relation to a marine mammal in the wild.\n(sec.299-ssec.2) However, divisions 3 to 5 do not apply in relation to a person to the extent the person is— acting under section 32 ; or acting under a research permit; or acting under an approval mentioned in section 300 ; or complying with a direction given, or a request made, by a conservation officer under section 316 .\n(sec.299-ssec.3) For this part, a no approach zone, caution zone or prescribed distance declared under section 287 (2) does not apply in relation to a dugong unless the no approach zone, caution zone or prescribed distance is expressly declared under section 287 (2) to apply to the dugong.\n(sec.299-ssec.4) To remove any doubt it is declared that, subject to subsections (2) and (3) , divisions 3 to 5 apply despite any other provision of this regulation, including, for example, a provision authorising a person to carry out an activity under an animal authority.\n- (a) acting under section 32 ; or\n- (b) acting under a research permit; or\n- (c) acting under an approval mentioned in section 300 ; or\n- (d) complying with a direction given, or a request made, by a conservation officer under section 316 .","sortOrder":474},{"sectionNumber":"ch.6-pt.3-div.2","sectionType":"division","heading":"Approvals","content":"## Approvals","sortOrder":475},{"sectionNumber":"sec.300","sectionType":"section","heading":"Approved filming","content":"### sec.300 Approved filming\n\nThe chief executive may, by written approval, authorise a person to carry out any of the following activities for filming a marine mammal—\nfor a person in control of a permitted boat—bring the boat within the no approach zone or caution zone for the mammal;\nfor a person in control of a prohibited vessel or aircraft—\nbring the vessel or aircraft closer to the mammal than the prescribed distance for the vessel or aircraft; or\nbring the vessel or aircraft to a position that would cause the mammal, if the mammal continued its direction of movement, to become closer to the vessel or aircraft than the prescribed distance for the vessel or aircraft;\nenter, or be in, water at a distance from the mammal that is less than the prescribed distance for a person entering or in water, in relation to the mammal.\nThe chief executive may impose conditions on the approval, including, for example—\na stated distance a permitted boat, vessel or aircraft, or a person entering or in water, must keep from the mammal; and\nwhat the person in control of a permitted boat, vessel or aircraft, or a person entering or in water, must do if the mammal moves towards the boat, vessel, aircraft or person so the boat, vessel, aircraft or person becomes closer to the mammal than the stated distance.\n(sec.300-ssec.1) The chief executive may, by written approval, authorise a person to carry out any of the following activities for filming a marine mammal— for a person in control of a permitted boat—bring the boat within the no approach zone or caution zone for the mammal; for a person in control of a prohibited vessel or aircraft— bring the vessel or aircraft closer to the mammal than the prescribed distance for the vessel or aircraft; or bring the vessel or aircraft to a position that would cause the mammal, if the mammal continued its direction of movement, to become closer to the vessel or aircraft than the prescribed distance for the vessel or aircraft; enter, or be in, water at a distance from the mammal that is less than the prescribed distance for a person entering or in water, in relation to the mammal.\n(sec.300-ssec.2) The chief executive may impose conditions on the approval, including, for example— a stated distance a permitted boat, vessel or aircraft, or a person entering or in water, must keep from the mammal; and what the person in control of a permitted boat, vessel or aircraft, or a person entering or in water, must do if the mammal moves towards the boat, vessel, aircraft or person so the boat, vessel, aircraft or person becomes closer to the mammal than the stated distance.\n- (a) for a person in control of a permitted boat—bring the boat within the no approach zone or caution zone for the mammal;\n- (b) for a person in control of a prohibited vessel or aircraft— (i) bring the vessel or aircraft closer to the mammal than the prescribed distance for the vessel or aircraft; or (ii) bring the vessel or aircraft to a position that would cause the mammal, if the mammal continued its direction of movement, to become closer to the vessel or aircraft than the prescribed distance for the vessel or aircraft;\n- (i) bring the vessel or aircraft closer to the mammal than the prescribed distance for the vessel or aircraft; or\n- (ii) bring the vessel or aircraft to a position that would cause the mammal, if the mammal continued its direction of movement, to become closer to the vessel or aircraft than the prescribed distance for the vessel or aircraft;\n- (c) enter, or be in, water at a distance from the mammal that is less than the prescribed distance for a person entering or in water, in relation to the mammal.\n- (i) bring the vessel or aircraft closer to the mammal than the prescribed distance for the vessel or aircraft; or\n- (ii) bring the vessel or aircraft to a position that would cause the mammal, if the mammal continued its direction of movement, to become closer to the vessel or aircraft than the prescribed distance for the vessel or aircraft;\n- (a) a stated distance a permitted boat, vessel or aircraft, or a person entering or in water, must keep from the mammal; and\n- (b) what the person in control of a permitted boat, vessel or aircraft, or a person entering or in water, must do if the mammal moves towards the boat, vessel, aircraft or person so the boat, vessel, aircraft or person becomes closer to the mammal than the stated distance.","sortOrder":476},{"sectionNumber":"ch.6-pt.3-div.3","sectionType":"division","heading":"Restrictions for permitted boats","content":"## Restrictions for permitted boats","sortOrder":477},{"sectionNumber":"sec.301","sectionType":"section","heading":"Speed limit","content":"### sec.301 Speed limit\n\nThis section applies in relation to a temporary marine mammal declaration that declares a distance for a person in control of a permitted boat to be from a marine mammal at a stated speed.\nSee also section 287 (2) (b) (v) or 294 (2) (b) (v) .\nA person in control of a permitted boat must not, without a reasonable excuse, bring the boat within the stated distance of the marine mammal at the stated speed.\nMaximum penalty—165 penalty units.\nIn this section—\ntemporary marine mammal declaration means—\na temporary marine mammal special management area declaration; or\na temporary special marine mammal declaration.\n(sec.301-ssec.1) This section applies in relation to a temporary marine mammal declaration that declares a distance for a person in control of a permitted boat to be from a marine mammal at a stated speed. See also section 287 (2) (b) (v) or 294 (2) (b) (v) .\n(sec.301-ssec.2) A person in control of a permitted boat must not, without a reasonable excuse, bring the boat within the stated distance of the marine mammal at the stated speed. Maximum penalty—165 penalty units.\n(sec.301-ssec.3) In this section— temporary marine mammal declaration means— a temporary marine mammal special management area declaration; or a temporary special marine mammal declaration.\n- (a) a temporary marine mammal special management area declaration; or\n- (b) a temporary special marine mammal declaration.","sortOrder":478},{"sectionNumber":"sec.302","sectionType":"section","heading":"Affecting path of marine mammal","content":"### sec.302 Affecting path of marine mammal\n\nA person in control of a permitted boat must not, without a reasonable excuse—\nrestrict the path of a marine mammal; or\ncause a marine mammal to change its direction of travel.\nMaximum penalty—120 penalty units.\n- (a) restrict the path of a marine mammal; or\n- (b) cause a marine mammal to change its direction of travel.","sortOrder":479},{"sectionNumber":"sec.303","sectionType":"section","heading":"Dividing a group of particular marine mammals","content":"### sec.303 Dividing a group of particular marine mammals\n\nA person in control of a permitted boat must not, without a reasonable excuse, bring the boat between members of a pod of whales or dolphins or a herd of dugongs.\nMaximum penalty—120 penalty units.","sortOrder":480},{"sectionNumber":"sec.304","sectionType":"section","heading":"Entering no approach zone","content":"### sec.304 Entering no approach zone\n\nA person in control of a permitted boat must not, without a reasonable excuse, bring the boat within the no approach zone for a marine mammal, other than a seal.\nMaximum penalty—\nif the no approach zone applies as a result of a marine mammal special management declaration—165 penalty units; or\notherwise—120 penalty units.\nA person on land must not be within the no approach zone for a seal that is on land unless the person has a reasonable excuse.\nMaximum penalty—\nif the no approach zone applies as a result of a marine mammal special management declaration—165 penalty units; or\notherwise—120 penalty units.\n(sec.304-ssec.1) A person in control of a permitted boat must not, without a reasonable excuse, bring the boat within the no approach zone for a marine mammal, other than a seal. Maximum penalty— if the no approach zone applies as a result of a marine mammal special management declaration—165 penalty units; or otherwise—120 penalty units.\n(sec.304-ssec.2) A person on land must not be within the no approach zone for a seal that is on land unless the person has a reasonable excuse. Maximum penalty— if the no approach zone applies as a result of a marine mammal special management declaration—165 penalty units; or otherwise—120 penalty units.\n- (a) if the no approach zone applies as a result of a marine mammal special management declaration—165 penalty units; or\n- (b) otherwise—120 penalty units.\n- (a) if the no approach zone applies as a result of a marine mammal special management declaration—165 penalty units; or\n- (b) otherwise—120 penalty units.","sortOrder":481},{"sectionNumber":"sec.305","sectionType":"section","heading":"Entering caution zone","content":"### sec.305 Entering caution zone\n\nA person in control of a permitted boat must not, without a reasonable excuse, bring the boat within the caution zone for a marine mammal if—\n3 or more boats are already within the caution zone or no approach zone for the mammal; or\nthe boat is moving at a speed of more than 6 knots.\nMaximum penalty—\nif the caution zone applies as a result of a marine mammal special management declaration—165 penalty units; or\notherwise—120 penalty units.\ns 305 amd 2025 SL No. 42 s 23\n- (a) 3 or more boats are already within the caution zone or no approach zone for the mammal; or\n- (b) the boat is moving at a speed of more than 6 knots.\n- (a) if the caution zone applies as a result of a marine mammal special management declaration—165 penalty units; or\n- (b) otherwise—120 penalty units.","sortOrder":482},{"sectionNumber":"sec.306","sectionType":"section","heading":"Movement of whale or dugong into no approach zone","content":"### sec.306 Movement of whale or dugong into no approach zone\n\nThis section applies if—\na whale or dugong moves towards a permitted boat; and\nas a result of the movement, the boat is within the no approach zone for the whale or dugong.\nThe person in control of the permitted boat must, unless the person has a reasonable excuse—\nstop the boat and—\nturn the engines off; or\ndisengage the gears; or\nwithdraw to an area outside the no approach zone for the whale or dugong at a speed that is not more than 6 knots.\nMaximum penalty—\nif the no approach zone applies as a result of a marine mammal special management declaration—165 penalty units; or\notherwise—120 penalty units.\ns 306 amd 2025 SL No. 42 s 24\n(sec.306-ssec.1) This section applies if— a whale or dugong moves towards a permitted boat; and as a result of the movement, the boat is within the no approach zone for the whale or dugong.\n(sec.306-ssec.2) The person in control of the permitted boat must, unless the person has a reasonable excuse— stop the boat and— turn the engines off; or disengage the gears; or withdraw to an area outside the no approach zone for the whale or dugong at a speed that is not more than 6 knots. Maximum penalty— if the no approach zone applies as a result of a marine mammal special management declaration—165 penalty units; or otherwise—120 penalty units.\n- (a) a whale or dugong moves towards a permitted boat; and\n- (b) as a result of the movement, the boat is within the no approach zone for the whale or dugong.\n- (a) stop the boat and— (i) turn the engines off; or (ii) disengage the gears; or\n- (i) turn the engines off; or\n- (ii) disengage the gears; or\n- (b) withdraw to an area outside the no approach zone for the whale or dugong at a speed that is not more than 6 knots.\n- (i) turn the engines off; or\n- (ii) disengage the gears; or\n- (a) if the no approach zone applies as a result of a marine mammal special management declaration—165 penalty units; or\n- (b) otherwise—120 penalty units.","sortOrder":483},{"sectionNumber":"sec.307","sectionType":"section","heading":"Movement of whale or dugong into caution zone","content":"### sec.307 Movement of whale or dugong into caution zone\n\nThis section applies if—\na whale or dugong moves towards a permitted boat; and\nas a result of the movement the boat is within the caution zone for the whale or dugong.\nThe person in control of the permitted boat must not, without a reasonable excuse, operate the boat at a speed of more than 6 knots.\nMaximum penalty—\nif the caution zone applies as a result of a marine mammal special management declaration—165 penalty units; or\notherwise—120 penalty units.\ns 307 amd 2025 SL No. 42 s 25\n(sec.307-ssec.1) This section applies if— a whale or dugong moves towards a permitted boat; and as a result of the movement the boat is within the caution zone for the whale or dugong.\n(sec.307-ssec.2) The person in control of the permitted boat must not, without a reasonable excuse, operate the boat at a speed of more than 6 knots. Maximum penalty— if the caution zone applies as a result of a marine mammal special management declaration—165 penalty units; or otherwise—120 penalty units.\n- (a) a whale or dugong moves towards a permitted boat; and\n- (b) as a result of the movement the boat is within the caution zone for the whale or dugong.\n- (a) if the caution zone applies as a result of a marine mammal special management declaration—165 penalty units; or\n- (b) otherwise—120 penalty units.","sortOrder":484},{"sectionNumber":"sec.308","sectionType":"section","heading":"Movement of dolphin into no approach zone or caution zone","content":"### sec.308 Movement of dolphin into no approach zone or caution zone\n\nThis section applies if a dolphin moves towards a permitted boat and, as a result of the movement, the boat is—\nwithin the no approach zone for the dolphin; or\nwithin the caution zone for the dolphin.\nThe person in control of the permitted boat must not, without a reasonable excuse—\nchange the direction of travel of the boat in a way that would disturb the dolphin; or\ngradually changing the direction of travel of the boat to avoid making contact with the dolphin\nchange the speed of travel of the boat in a way that would disturb the dolphin.\nMaximum penalty—\nif the no approach zone or caution zone applies as a result of a marine mammal special management declaration—165 penalty units; or\notherwise—120 penalty units.\n(sec.308-ssec.1) This section applies if a dolphin moves towards a permitted boat and, as a result of the movement, the boat is— within the no approach zone for the dolphin; or within the caution zone for the dolphin.\n(sec.308-ssec.2) The person in control of the permitted boat must not, without a reasonable excuse— change the direction of travel of the boat in a way that would disturb the dolphin; or gradually changing the direction of travel of the boat to avoid making contact with the dolphin change the speed of travel of the boat in a way that would disturb the dolphin. Maximum penalty— if the no approach zone or caution zone applies as a result of a marine mammal special management declaration—165 penalty units; or otherwise—120 penalty units.\n- (a) within the no approach zone for the dolphin; or\n- (b) within the caution zone for the dolphin.\n- (a) change the direction of travel of the boat in a way that would disturb the dolphin; or Example of a way of changing direction not likely to disturb the dolphin— gradually changing the direction of travel of the boat to avoid making contact with the dolphin\n- (b) change the speed of travel of the boat in a way that would disturb the dolphin.\n- (a) if the no approach zone or caution zone applies as a result of a marine mammal special management declaration—165 penalty units; or\n- (b) otherwise—120 penalty units.","sortOrder":485},{"sectionNumber":"sec.309","sectionType":"section","heading":"Marine mammal showing signs of being disturbed","content":"### sec.309 Marine mammal showing signs of being disturbed\n\nThis section applies to a person in control of a permitted boat that is within the no approach zone or caution zone for a marine mammal if the person—\nis advised, or otherwise notified, by a conservation officer, that the mammal is showing signs of being disturbed; or\notherwise knows, or ought reasonably to know, the mammal is showing signs of being disturbed.\nThe mammal—\nleaves an area or moves away from a boat quickly; or\nregularly changes its direction or speed of swimming; or\nchanges its breathing patterns; or\nengages in tail slashing or trumpet blowing or otherwise acts in an aggressive manner; or\ndives in haste.\nThe person must, unless the person has a reasonable excuse, withdraw the boat to outside the caution zone for the marine mammal at a speed that is not more than 6 knots.\nMaximum penalty—\nif the no approach zone or caution zone applies as a result of a marine mammal special management declaration—165 penalty units; or\notherwise—80 penalty units.\ns 309 amd 2025 SL No. 42 s 26\n(sec.309-ssec.1) This section applies to a person in control of a permitted boat that is within the no approach zone or caution zone for a marine mammal if the person— is advised, or otherwise notified, by a conservation officer, that the mammal is showing signs of being disturbed; or otherwise knows, or ought reasonably to know, the mammal is showing signs of being disturbed. The mammal— leaves an area or moves away from a boat quickly; or regularly changes its direction or speed of swimming; or changes its breathing patterns; or engages in tail slashing or trumpet blowing or otherwise acts in an aggressive manner; or dives in haste.\n(sec.309-ssec.2) The person must, unless the person has a reasonable excuse, withdraw the boat to outside the caution zone for the marine mammal at a speed that is not more than 6 knots. Maximum penalty— if the no approach zone or caution zone applies as a result of a marine mammal special management declaration—165 penalty units; or otherwise—80 penalty units.\n- (a) is advised, or otherwise notified, by a conservation officer, that the mammal is showing signs of being disturbed; or\n- (b) otherwise knows, or ought reasonably to know, the mammal is showing signs of being disturbed.\n- (a) leaves an area or moves away from a boat quickly; or\n- (b) regularly changes its direction or speed of swimming; or\n- (c) changes its breathing patterns; or\n- (d) engages in tail slashing or trumpet blowing or otherwise acts in an aggressive manner; or\n- (e) dives in haste.\n- (a) if the no approach zone or caution zone applies as a result of a marine mammal special management declaration—165 penalty units; or\n- (b) otherwise—80 penalty units.","sortOrder":486},{"sectionNumber":"ch.6-pt.3-div.4","sectionType":"division","heading":"Aircraft and prohibited vessels","content":"## Aircraft and prohibited vessels","sortOrder":487},{"sectionNumber":"sec.310","sectionType":"section","heading":"Prohibited vessels","content":"### sec.310 Prohibited vessels\n\nA person in control of a prohibited vessel must not, without a reasonable excuse—\nbring the vessel closer to a marine mammal than the prescribed distance for the vessel; or\nbring the vessel to a position that would cause a moving marine mammal, if the mammal continued its direction of movement, to become closer to the vessel than the prescribed distance for the vessel.\nMaximum penalty—\nif the prescribed distance applies as a result of a marine mammal special management declaration—165 penalty units; or\notherwise—120 penalty units.\n- (a) bring the vessel closer to a marine mammal than the prescribed distance for the vessel; or\n- (b) bring the vessel to a position that would cause a moving marine mammal, if the mammal continued its direction of movement, to become closer to the vessel than the prescribed distance for the vessel.\n- (a) if the prescribed distance applies as a result of a marine mammal special management declaration—165 penalty units; or\n- (b) otherwise—120 penalty units.","sortOrder":488},{"sectionNumber":"sec.311","sectionType":"section","heading":"Helicopters","content":"### sec.311 Helicopters\n\nA person in control of a helicopter must not, without a reasonable excuse—\nbring the helicopter closer to a marine mammal than the prescribed distance for the helicopter; or\nbring the helicopter to a position that would cause a moving marine mammal, if the mammal continued its direction of movement, to become closer to the helicopter than the prescribed distance for the helicopter.\nMaximum penalty—\nif the prescribed distance applies as a result of a marine mammal special management declaration—165 penalty units; or\notherwise—120 penalty units.\nA person in control of a helicopter must not, without a reasonable excuse, hover above a marine mammal.\nMaximum penalty—120 penalty units.\n(sec.311-ssec.1) A person in control of a helicopter must not, without a reasonable excuse— bring the helicopter closer to a marine mammal than the prescribed distance for the helicopter; or bring the helicopter to a position that would cause a moving marine mammal, if the mammal continued its direction of movement, to become closer to the helicopter than the prescribed distance for the helicopter. Maximum penalty— if the prescribed distance applies as a result of a marine mammal special management declaration—165 penalty units; or otherwise—120 penalty units.\n(sec.311-ssec.2) A person in control of a helicopter must not, without a reasonable excuse, hover above a marine mammal. Maximum penalty—120 penalty units.\n- (a) bring the helicopter closer to a marine mammal than the prescribed distance for the helicopter; or\n- (b) bring the helicopter to a position that would cause a moving marine mammal, if the mammal continued its direction of movement, to become closer to the helicopter than the prescribed distance for the helicopter.\n- (a) if the prescribed distance applies as a result of a marine mammal special management declaration—165 penalty units; or\n- (b) otherwise—120 penalty units.","sortOrder":489},{"sectionNumber":"sec.312","sectionType":"section","heading":"Other aircraft","content":"### sec.312 Other aircraft\n\nA person in control of an aircraft, other than a helicopter, must not, without a reasonable excuse—\nbring the aircraft closer to a marine mammal than the prescribed distance for the aircraft; or\nbring the aircraft to a position that would cause a moving marine mammal, if the mammal continued its direction of movement, to become closer to the aircraft than the prescribed distance for the aircraft.\nMaximum penalty—\nif the prescribed distance applies as a result of a marine mammal special management declaration—165 penalty units; or\notherwise—120 penalty units.\n- (a) bring the aircraft closer to a marine mammal than the prescribed distance for the aircraft; or\n- (b) bring the aircraft to a position that would cause a moving marine mammal, if the mammal continued its direction of movement, to become closer to the aircraft than the prescribed distance for the aircraft.\n- (a) if the prescribed distance applies as a result of a marine mammal special management declaration—165 penalty units; or\n- (b) otherwise—120 penalty units.","sortOrder":490},{"sectionNumber":"ch.6-pt.3-div.5","sectionType":"division","heading":"Other restrictions","content":"## Other restrictions","sortOrder":491},{"sectionNumber":"sec.313","sectionType":"section","heading":"People entering or in water","content":"### sec.313 People entering or in water\n\nA person must not enter water at a distance from a marine mammal that is less than the prescribed distance for a person entering or in water, in relation to the mammal.\nMaximum penalty—\nif the prescribed distance applies as a result of a marine mammal special management declaration—165 penalty units; or\notherwise—120 penalty units.\nA person in water must not move closer to a marine mammal than the prescribed distance for a person entering or in water, in relation to the mammal.\nMaximum penalty—\nif the prescribed distance applies as a result of a marine mammal special management declaration—165 penalty units; or\notherwise—120 penalty units.\nSubsections (1) and (2) do not apply to a person—\nfeeding a dolphin under a permission granted under the Marine Parks Act 2004 ; or\nSee the Marine Parks Regulation 2017 , section 19 for the restriction on the grant of permissions authorising the feeding of dolphins in a marine park or part of a marine park.\nwho otherwise has a reasonable excuse.\n(sec.313-ssec.1) A person must not enter water at a distance from a marine mammal that is less than the prescribed distance for a person entering or in water, in relation to the mammal. Maximum penalty— if the prescribed distance applies as a result of a marine mammal special management declaration—165 penalty units; or otherwise—120 penalty units.\n(sec.313-ssec.2) A person in water must not move closer to a marine mammal than the prescribed distance for a person entering or in water, in relation to the mammal. Maximum penalty— if the prescribed distance applies as a result of a marine mammal special management declaration—165 penalty units; or otherwise—120 penalty units.\n(sec.313-ssec.3) Subsections (1) and (2) do not apply to a person— feeding a dolphin under a permission granted under the Marine Parks Act 2004 ; or See the Marine Parks Regulation 2017 , section 19 for the restriction on the grant of permissions authorising the feeding of dolphins in a marine park or part of a marine park. who otherwise has a reasonable excuse.\n- (a) if the prescribed distance applies as a result of a marine mammal special management declaration—165 penalty units; or\n- (b) otherwise—120 penalty units.\n- (a) if the prescribed distance applies as a result of a marine mammal special management declaration—165 penalty units; or\n- (b) otherwise—120 penalty units.\n- (a) feeding a dolphin under a permission granted under the Marine Parks Act 2004 ; or Note— See the Marine Parks Regulation 2017 , section 19 for the restriction on the grant of permissions authorising the feeding of dolphins in a marine park or part of a marine park.\n- (b) who otherwise has a reasonable excuse.","sortOrder":492},{"sectionNumber":"sec.314","sectionType":"section","heading":"Prohibited activities in temporary marine mammal special management area","content":"### sec.314 Prohibited activities in temporary marine mammal special management area\n\nA person in a temporary marine mammal special management area must not, without a reasonable excuse, carry out a prohibited activity for the area.\nMaximum penalty—165 penalty units.\nIn this section—\nprohibited activity , for a temporary marine mammal special management area, means an activity declared to be prohibited in the area under section 287 (2) (c) .\n(sec.314-ssec.1) A person in a temporary marine mammal special management area must not, without a reasonable excuse, carry out a prohibited activity for the area. Maximum penalty—165 penalty units.\n(sec.314-ssec.2) In this section— prohibited activity , for a temporary marine mammal special management area, means an activity declared to be prohibited in the area under section 287 (2) (c) .","sortOrder":493},{"sectionNumber":"sec.315","sectionType":"section","heading":"Other prohibited interactions","content":"### sec.315 Other prohibited interactions\n\nA person must not, without a reasonable excuse, do any of the following—\nmake a loud or sudden noise within 300m of a marine mammal that may disturb the mammal;\nrecordings of whale or dolphin sounds or songs played under water\ntouch a marine mammal;\nfeed a marine mammal.\nMaximum penalty—80 penalty units.\nSubsection (1) (c) does not apply to—\nthe feeding of a dolphin—\nunder section 45 (1) ; or\nunder a permission granted under the Marine Parks Act 2004 ; or\nSee the Marine Parks Regulation 2017 , section 19 for the restriction on the grant of permissions authorising the feeding of dolphins in a marine park or part of a marine park.\nthe discarding of bycatch, by a commercial fisher, in a way that is not directed towards feeding a marine mammal.\nIn this section—\ncommercial fisher see the Fisheries (General) Regulation 2019 , section 5 .\n(sec.315-ssec.1) A person must not, without a reasonable excuse, do any of the following— make a loud or sudden noise within 300m of a marine mammal that may disturb the mammal; recordings of whale or dolphin sounds or songs played under water touch a marine mammal; feed a marine mammal. Maximum penalty—80 penalty units.\n(sec.315-ssec.2) Subsection (1) (c) does not apply to— the feeding of a dolphin— under section 45 (1) ; or under a permission granted under the Marine Parks Act 2004 ; or See the Marine Parks Regulation 2017 , section 19 for the restriction on the grant of permissions authorising the feeding of dolphins in a marine park or part of a marine park. the discarding of bycatch, by a commercial fisher, in a way that is not directed towards feeding a marine mammal.\n(sec.315-ssec.3) In this section— commercial fisher see the Fisheries (General) Regulation 2019 , section 5 .\n- (a) make a loud or sudden noise within 300m of a marine mammal that may disturb the mammal; Examples of loud or sudden noise that may disturb a marine mammal— recordings of whale or dolphin sounds or songs played under water\n- (b) touch a marine mammal;\n- (c) feed a marine mammal.\n- (a) the feeding of a dolphin— (i) under section 45 (1) ; or (ii) under a permission granted under the Marine Parks Act 2004 ; or Note— See the Marine Parks Regulation 2017 , section 19 for the restriction on the grant of permissions authorising the feeding of dolphins in a marine park or part of a marine park.\n- (i) under section 45 (1) ; or\n- (ii) under a permission granted under the Marine Parks Act 2004 ; or Note— See the Marine Parks Regulation 2017 , section 19 for the restriction on the grant of permissions authorising the feeding of dolphins in a marine park or part of a marine park.\n- (b) the discarding of bycatch, by a commercial fisher, in a way that is not directed towards feeding a marine mammal.\n- (i) under section 45 (1) ; or\n- (ii) under a permission granted under the Marine Parks Act 2004 ; or Note— See the Marine Parks Regulation 2017 , section 19 for the restriction on the grant of permissions authorising the feeding of dolphins in a marine park or part of a marine park.","sortOrder":494},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Stranded marine mammals","content":"# Stranded marine mammals","sortOrder":495},{"sectionNumber":"sec.316","sectionType":"section","heading":"Powers of conservation officer relating to stranded marine mammals— Act , s 154","content":"### sec.316 Powers of conservation officer relating to stranded marine mammals— Act , s 154\n\nThis section prescribes, for section 154 (1) (e) of the Act , powers a conservation officer may exercise in relation to a marine mammal that is stranded.\nThe conservation officer may take the measures the officer considers necessary to protect or deal with the marine mammal.\nWithout limiting subsection (2) , the conservation officer may—\ndirect the treatment of the marine mammal; or\ndirect a person to move, or help move, the marine mammal to another place for release or treatment.\nSee also section 299 (2) (d) .\nAlso, without limiting subsection (2) , the conservation officer may direct a person, or a person in control of a boat, prohibited vessel, aircraft or other vehicle, to—\nkeep a stated distance from the marine mammal; or\nfor a person in control of a boat, prohibited vessel, aircraft or other vehicle—move the boat, prohibited vessel, aircraft or vehicle to a stated place or a stated distance from the marine mammal.\nA person given a direction under subsection  (4) must comply with the direction unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—165 penalty units.\n(sec.316-ssec.1) This section prescribes, for section 154 (1) (e) of the Act , powers a conservation officer may exercise in relation to a marine mammal that is stranded.\n(sec.316-ssec.2) The conservation officer may take the measures the officer considers necessary to protect or deal with the marine mammal.\n(sec.316-ssec.3) Without limiting subsection (2) , the conservation officer may— direct the treatment of the marine mammal; or direct a person to move, or help move, the marine mammal to another place for release or treatment. See also section 299 (2) (d) .\n(sec.316-ssec.4) Also, without limiting subsection (2) , the conservation officer may direct a person, or a person in control of a boat, prohibited vessel, aircraft or other vehicle, to— keep a stated distance from the marine mammal; or for a person in control of a boat, prohibited vessel, aircraft or other vehicle—move the boat, prohibited vessel, aircraft or vehicle to a stated place or a stated distance from the marine mammal.\n(sec.316-ssec.5) A person given a direction under subsection  (4) must comply with the direction unless the person has a reasonable excuse for not complying with it. Maximum penalty—165 penalty units.\n- (a) direct the treatment of the marine mammal; or\n- (b) direct a person to move, or help move, the marine mammal to another place for release or treatment.\n- (a) keep a stated distance from the marine mammal; or\n- (b) for a person in control of a boat, prohibited vessel, aircraft or other vehicle—move the boat, prohibited vessel, aircraft or vehicle to a stated place or a stated distance from the marine mammal.","sortOrder":496},{"sectionNumber":"sec.317","sectionType":"section","heading":"Authorised taking, keeping or use of a dead, stranded marine mammal","content":"### sec.317 Authorised taking, keeping or use of a dead, stranded marine mammal\n\nIf a marine mammal that is stranded is dead or dies—\nthe chief executive may, in writing, approve—\na person to take, keep or use the mammal to carry out scientific research; or\na State museum to take, keep or use the mammal to carry out the museum’s research; and\nthe person or museum may take, keep or use the mammal as stated in the approval for the purpose stated in the approval.\nHowever, subsection (1) does not authorise the person or museum to—\nsell or give away the mammal; or\nmove the animal, other than to the place where the research is, or will be, carried out; or\nSee also chapter 3 , part 8 .\nA person may also be granted a movement permit under chapter 4 , part 16 and chapter 5 , part 2 authorising the person to move an animal.\nprocess the animal for a commercial purpose.\n(sec.317-ssec.1) If a marine mammal that is stranded is dead or dies— the chief executive may, in writing, approve— a person to take, keep or use the mammal to carry out scientific research; or a State museum to take, keep or use the mammal to carry out the museum’s research; and the person or museum may take, keep or use the mammal as stated in the approval for the purpose stated in the approval.\n(sec.317-ssec.2) However, subsection (1) does not authorise the person or museum to— sell or give away the mammal; or move the animal, other than to the place where the research is, or will be, carried out; or See also chapter 3 , part 8 . A person may also be granted a movement permit under chapter 4 , part 16 and chapter 5 , part 2 authorising the person to move an animal. process the animal for a commercial purpose.\n- (a) the chief executive may, in writing, approve— (i) a person to take, keep or use the mammal to carry out scientific research; or (ii) a State museum to take, keep or use the mammal to carry out the museum’s research; and\n- (i) a person to take, keep or use the mammal to carry out scientific research; or\n- (ii) a State museum to take, keep or use the mammal to carry out the museum’s research; and\n- (b) the person or museum may take, keep or use the mammal as stated in the approval for the purpose stated in the approval.\n- (i) a person to take, keep or use the mammal to carry out scientific research; or\n- (ii) a State museum to take, keep or use the mammal to carry out the museum’s research; and\n- (a) sell or give away the mammal; or\n- (b) move the animal, other than to the place where the research is, or will be, carried out; or Notes— 1 See also chapter 3 , part 8 . 2 A person may also be granted a movement permit under chapter 4 , part 16 and chapter 5 , part 2 authorising the person to move an animal.\n- 1 See also chapter 3 , part 8 .\n- 2 A person may also be granted a movement permit under chapter 4 , part 16 and chapter 5 , part 2 authorising the person to move an animal.\n- (c) process the animal for a commercial purpose.\n- 1 See also chapter 3 , part 8 .\n- 2 A person may also be granted a movement permit under chapter 4 , part 16 and chapter 5 , part 2 authorising the person to move an animal.","sortOrder":497},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Animal authorities","content":"# Animal authorities","sortOrder":498},{"sectionNumber":"sec.318","sectionType":"section","heading":"Compliance with conditions of animal authority","content":"### sec.318 Compliance with conditions of animal authority\n\nThe holder of an animal authority must, unless the holder has a reasonable excuse, comply with the conditions of the authority applying to the holder.\nMaximum penalty—\nfor failure to comply with a record keeping condition or a return of operations condition—120 penalty units; or\notherwise—80 penalty units.\nFor subsection (1) , the holder is taken to comply with a condition of the animal authority if a relevant person for the holder complies with the condition for the holder.\nA relevant person for the holder of an animal authority must, unless the person has a reasonable excuse, comply with the conditions of the authority applying to the person.\nMaximum penalty—\nfor failure to comply with a record keeping condition or a return of operations condition—120 penalty units; or\notherwise—80 penalty units.\nIn this section—\nrecord keeping condition means a condition mentioned in any of sections 98 , 111 , 125 , 135 , 141 , 148 , 159 , 198 , 233 or 401 .\nreturn of operations condition means a condition mentioned in any of sections 99 , 112 , 126 , 136 , 142 , 160 , 172 , 179 , 185 , 199 , 217B or 228 .\ns 318 amd 2021 SL No. 36 s 18\n(sec.318-ssec.1) The holder of an animal authority must, unless the holder has a reasonable excuse, comply with the conditions of the authority applying to the holder. Maximum penalty— for failure to comply with a record keeping condition or a return of operations condition—120 penalty units; or otherwise—80 penalty units.\n(sec.318-ssec.2) For subsection (1) , the holder is taken to comply with a condition of the animal authority if a relevant person for the holder complies with the condition for the holder.\n(sec.318-ssec.3) A relevant person for the holder of an animal authority must, unless the person has a reasonable excuse, comply with the conditions of the authority applying to the person. Maximum penalty— for failure to comply with a record keeping condition or a return of operations condition—120 penalty units; or otherwise—80 penalty units.\n(sec.318-ssec.4) In this section— record keeping condition means a condition mentioned in any of sections 98 , 111 , 125 , 135 , 141 , 148 , 159 , 198 , 233 or 401 . return of operations condition means a condition mentioned in any of sections 99 , 112 , 126 , 136 , 142 , 160 , 172 , 179 , 185 , 199 , 217B or 228 .\n- (a) for failure to comply with a record keeping condition or a return of operations condition—120 penalty units; or\n- (b) otherwise—80 penalty units.\n- (a) for failure to comply with a record keeping condition or a return of operations condition—120 penalty units; or\n- (b) otherwise—80 penalty units.","sortOrder":499},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Exhibited animal authorities","content":"# Exhibited animal authorities","sortOrder":500},{"sectionNumber":"sec.319","sectionType":"section","heading":"Sampling or implanting animals","content":"### sec.319 Sampling or implanting animals\n\nThis section applies if—\nthe holder of an exhibited animal authority keeps a live protected, international or prohibited animal under the authority; and\nthe chief executive gives the holder a notice, mentioned in section 366 (2) or (3) , in relation to the animal.\nThe holder must, unless the holder has a reasonable excuse, comply with the notice within the stated period for the notice.\nMaximum penalty—165 penalty units.\n(sec.319-ssec.1) This section applies if— the holder of an exhibited animal authority keeps a live protected, international or prohibited animal under the authority; and the chief executive gives the holder a notice, mentioned in section 366 (2) or (3) , in relation to the animal.\n(sec.319-ssec.2) The holder must, unless the holder has a reasonable excuse, comply with the notice within the stated period for the notice. Maximum penalty—165 penalty units.\n- (a) the holder of an exhibited animal authority keeps a live protected, international or prohibited animal under the authority; and\n- (b) the chief executive gives the holder a notice, mentioned in section 366 (2) or (3) , in relation to the animal.","sortOrder":501},{"sectionNumber":"sec.320","sectionType":"section","heading":"Dealing with kept animals after death—sampled or implanted animals","content":"### sec.320 Dealing with kept animals after death—sampled or implanted animals\n\nThis section applies if—\nthe holder of an exhibited animal authority keeps a live sampled or implanted animal under the authority; and\nthe animal dies.\nThe holder must, unless the holder has a reasonable excuse, ensure—\nan autopsy is performed on the animal by a veterinary surgeon within 14 days after the animal dies; or\nthe animal is frozen immediately after it dies and the frozen animal is given to the chief executive within 14 days after the animal dies.\nMaximum penalty—120 penalty units.\nSee section 60 (1) in relation to the movement of a dead sampled or implanted animal.\nIf an autopsy is performed on the animal by a veterinary surgeon, the holder must, unless the holder has a reasonable excuse, also ensure the following things are given to the chief executive within 14 days after the animal dies—\na biological sample taken from the animal during the autopsy;\nif the veterinary surgeon finds the animal has a working electromagnetic implant—the implant;\nif the veterinary surgeon finds the animal has a electromagnetic implant that is not working—a written report prepared by the veterinary surgeon stating the reason why the implant is not working.\nMaximum penalty—120 penalty units.\nSee section 60 (2) in relation to the movement of a biological tissue sample taken from a dead sampled or implanted animal.\ns 320 amd 2021 SL No. 36 s 19\n(sec.320-ssec.1) This section applies if— the holder of an exhibited animal authority keeps a live sampled or implanted animal under the authority; and the animal dies.\n(sec.320-ssec.2) The holder must, unless the holder has a reasonable excuse, ensure— an autopsy is performed on the animal by a veterinary surgeon within 14 days after the animal dies; or the animal is frozen immediately after it dies and the frozen animal is given to the chief executive within 14 days after the animal dies. Maximum penalty—120 penalty units. See section 60 (1) in relation to the movement of a dead sampled or implanted animal.\n(sec.320-ssec.3) If an autopsy is performed on the animal by a veterinary surgeon, the holder must, unless the holder has a reasonable excuse, also ensure the following things are given to the chief executive within 14 days after the animal dies— a biological sample taken from the animal during the autopsy; if the veterinary surgeon finds the animal has a working electromagnetic implant—the implant; if the veterinary surgeon finds the animal has a electromagnetic implant that is not working—a written report prepared by the veterinary surgeon stating the reason why the implant is not working. Maximum penalty—120 penalty units. See section 60 (2) in relation to the movement of a biological tissue sample taken from a dead sampled or implanted animal.\n- (a) the holder of an exhibited animal authority keeps a live sampled or implanted animal under the authority; and\n- (b) the animal dies.\n- (a) an autopsy is performed on the animal by a veterinary surgeon within 14 days after the animal dies; or\n- (b) the animal is frozen immediately after it dies and the frozen animal is given to the chief executive within 14 days after the animal dies.\n- (a) a biological sample taken from the animal during the autopsy;\n- (b) if the veterinary surgeon finds the animal has a working electromagnetic implant—the implant;\n- (c) if the veterinary surgeon finds the animal has a electromagnetic implant that is not working—a written report prepared by the veterinary surgeon stating the reason why the implant is not working.","sortOrder":502},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Taking, keeping and using animals","content":"# Taking, keeping and using animals","sortOrder":503},{"sectionNumber":"sec.321","sectionType":"section","heading":"Use of animals to take protected animals","content":"### sec.321 Use of animals to take protected animals\n\nA person must not, unless the person has a reasonable excuse, use a dog, or other animal, to take a protected animal.\nMaximum penalty—120 penalty units.\nSee section 133 for additional requirements about taking an animal under a harvesting licence.\nSee section 171 for additional requirements about taking a flying-fox under a damage mitigation permit.\nSubsection (1) does not apply if—\nthe person is authorised to take the protected animal under the Act ; and\na conservation plan applying to the protected animal authorises the person to take the protected animal by using a dog or other animal; and\nthe person complies with the conservation plan when taking the protected animal.\n(sec.321-ssec.1) A person must not, unless the person has a reasonable excuse, use a dog, or other animal, to take a protected animal. Maximum penalty—120 penalty units. See section 133 for additional requirements about taking an animal under a harvesting licence. See section 171 for additional requirements about taking a flying-fox under a damage mitigation permit.\n(sec.321-ssec.2) Subsection (1) does not apply if— the person is authorised to take the protected animal under the Act ; and a conservation plan applying to the protected animal authorises the person to take the protected animal by using a dog or other animal; and the person complies with the conservation plan when taking the protected animal.\n- 1 See section 133 for additional requirements about taking an animal under a harvesting licence.\n- 2 See section 171 for additional requirements about taking a flying-fox under a damage mitigation permit.\n- (a) the person is authorised to take the protected animal under the Act ; and\n- (b) a conservation plan applying to the protected animal authorises the person to take the protected animal by using a dog or other animal; and\n- (c) the person complies with the conservation plan when taking the protected animal.","sortOrder":504},{"sectionNumber":"sec.322","sectionType":"section","heading":"Use of poison or adhesive substance in way that may take protected animals","content":"### sec.322 Use of poison or adhesive substance in way that may take protected animals\n\nA person must not use, or direct another person to use, a poison or adhesive substance in a way that may cause the taking of a protected animal, unless the person has a reasonable excuse.\nMaximum penalty—165 penalty units.\nSubsection (1) does not apply to the holder of an animal authority for an animal, or a relevant person for the holder, using a poison or adhesive substance to take the animal if—\nthe authority authorises the holder to use the poison or substance to take the animal; and\nthe holder or person complies with the conditions of the authority.\nFailure to comply with a condition of an animal authority is an offence under section 318 .\nSee section 133 for additional requirements about taking an animal under a harvesting licence.\nAlso, subsection (1) does not apply if the use of the poison or adhesive substance is—\nin the course of a lawful activity that was not directed towards the taking of a protected animal; and\ncould not reasonably have been avoided.\nIn this section—\nadhesive substance includes birdlime or a viscid substance.\n(sec.322-ssec.1) A person must not use, or direct another person to use, a poison or adhesive substance in a way that may cause the taking of a protected animal, unless the person has a reasonable excuse. Maximum penalty—165 penalty units.\n(sec.322-ssec.2) Subsection (1) does not apply to the holder of an animal authority for an animal, or a relevant person for the holder, using a poison or adhesive substance to take the animal if— the authority authorises the holder to use the poison or substance to take the animal; and the holder or person complies with the conditions of the authority. Failure to comply with a condition of an animal authority is an offence under section 318 . See section 133 for additional requirements about taking an animal under a harvesting licence.\n(sec.322-ssec.3) Also, subsection (1) does not apply if the use of the poison or adhesive substance is— in the course of a lawful activity that was not directed towards the taking of a protected animal; and could not reasonably have been avoided.\n(sec.322-ssec.4) In this section— adhesive substance includes birdlime or a viscid substance.\n- (a) the authority authorises the holder to use the poison or substance to take the animal; and\n- (b) the holder or person complies with the conditions of the authority.\n- 1 Failure to comply with a condition of an animal authority is an offence under section 318 .\n- 2 See section 133 for additional requirements about taking an animal under a harvesting licence.\n- (a) in the course of a lawful activity that was not directed towards the taking of a protected animal; and\n- (b) could not reasonably have been avoided.","sortOrder":505},{"sectionNumber":"sec.323","sectionType":"section","heading":"Accidental taking of marine mammal or marine turtle","content":"### sec.323 Accidental taking of marine mammal or marine turtle\n\nThis section applies if—\na person takes a marine mammal or a marine turtle in the course of an activity that is—\ncarried out lawfully; and\nnot directed towards taking the animal; and\ncausing a marine mammal to become aground on a shore\nthe taking could not reasonably have been avoided.\nIf the animal is a marine mammal, the person must, unless the person has a reasonable excuse—\nimmediately notify a conservation officer about the animal and the circumstances in which the animal was taken; and\nif the officer directs the person to deal with the animal in a particular way—deal with the animal in the way directed.\nMaximum penalty—165 penalty units.\nSee also chapter 6 about marine mammals.\nIf the animal is a marine turtle, the person must—\nif the turtle is sick, injured, trapped, entangled or dead, or has been struck by a boat—\nimmediately notify a conservation officer about the turtle and the circumstances in which the turtle was taken; and\nif the officer directs the person to deal with the animal in a particular way—deal with the turtle in the way directed; or\notherwise—return the turtle to the waters from which it was taken.\nMaximum penalty—120 penalty units.\nA conservation officer may give a direction under subsection (2) (b) or (3) (a) (ii) only if the direction is reasonable in the circumstances.\n(sec.323-ssec.1) This section applies if— a person takes a marine mammal or a marine turtle in the course of an activity that is— carried out lawfully; and not directed towards taking the animal; and causing a marine mammal to become aground on a shore the taking could not reasonably have been avoided.\n(sec.323-ssec.2) If the animal is a marine mammal, the person must, unless the person has a reasonable excuse— immediately notify a conservation officer about the animal and the circumstances in which the animal was taken; and if the officer directs the person to deal with the animal in a particular way—deal with the animal in the way directed. Maximum penalty—165 penalty units. See also chapter 6 about marine mammals.\n(sec.323-ssec.3) If the animal is a marine turtle, the person must— if the turtle is sick, injured, trapped, entangled or dead, or has been struck by a boat— immediately notify a conservation officer about the turtle and the circumstances in which the turtle was taken; and if the officer directs the person to deal with the animal in a particular way—deal with the turtle in the way directed; or otherwise—return the turtle to the waters from which it was taken. Maximum penalty—120 penalty units.\n(sec.323-ssec.4) A conservation officer may give a direction under subsection (2) (b) or (3) (a) (ii) only if the direction is reasonable in the circumstances.\n- (a) a person takes a marine mammal or a marine turtle in the course of an activity that is— (i) carried out lawfully; and (ii) not directed towards taking the animal; and Example of taking of marine mammal in the course of an activity— causing a marine mammal to become aground on a shore\n- (i) carried out lawfully; and\n- (ii) not directed towards taking the animal; and\n- (b) the taking could not reasonably have been avoided.\n- (i) carried out lawfully; and\n- (ii) not directed towards taking the animal; and\n- (a) immediately notify a conservation officer about the animal and the circumstances in which the animal was taken; and\n- (b) if the officer directs the person to deal with the animal in a particular way—deal with the animal in the way directed.\n- (a) if the turtle is sick, injured, trapped, entangled or dead, or has been struck by a boat— (i) immediately notify a conservation officer about the turtle and the circumstances in which the turtle was taken; and (ii) if the officer directs the person to deal with the animal in a particular way—deal with the turtle in the way directed; or\n- (i) immediately notify a conservation officer about the turtle and the circumstances in which the turtle was taken; and\n- (ii) if the officer directs the person to deal with the animal in a particular way—deal with the turtle in the way directed; or\n- (b) otherwise—return the turtle to the waters from which it was taken.\n- (i) immediately notify a conservation officer about the turtle and the circumstances in which the turtle was taken; and\n- (ii) if the officer directs the person to deal with the animal in a particular way—deal with the turtle in the way directed; or","sortOrder":506},{"sectionNumber":"sec.324","sectionType":"section","heading":"Accidental taking of protected shark","content":"### sec.324 Accidental taking of protected shark\n\nThis section applies if—\nan authorised shark taker takes a protected shark in the course of an activity that is—\ncarried out lawfully; and\nnot directed towards taking the shark; and\nthe taking could not reasonably have been avoided.\nThe person must—\nif the shark is sick, injured or dead—\nas soon as practicable, notify a conservation officer about the shark and the circumstances in which the shark was taken; and\nif the officer directs the person to deal with the shark in a particular way—deal with the shark in the way directed; or\notherwise—return it to the waters from which it was taken.\nMaximum penalty—120 penalty units.\nA conservation officer may give a direction under subsection (2) (a) (ii) only if the direction is reasonable in the circumstances.\nIn this section—\nauthorised shark taker means a person who is authorised to take sharks under the Fisheries Act 1994 .\n(sec.324-ssec.1) This section applies if— an authorised shark taker takes a protected shark in the course of an activity that is— carried out lawfully; and not directed towards taking the shark; and the taking could not reasonably have been avoided.\n(sec.324-ssec.2) The person must— if the shark is sick, injured or dead— as soon as practicable, notify a conservation officer about the shark and the circumstances in which the shark was taken; and if the officer directs the person to deal with the shark in a particular way—deal with the shark in the way directed; or otherwise—return it to the waters from which it was taken. Maximum penalty—120 penalty units.\n(sec.324-ssec.3) A conservation officer may give a direction under subsection (2) (a) (ii) only if the direction is reasonable in the circumstances.\n(sec.324-ssec.4) In this section— authorised shark taker means a person who is authorised to take sharks under the Fisheries Act 1994 .\n- (a) an authorised shark taker takes a protected shark in the course of an activity that is— (i) carried out lawfully; and (ii) not directed towards taking the shark; and\n- (i) carried out lawfully; and\n- (ii) not directed towards taking the shark; and\n- (b) the taking could not reasonably have been avoided.\n- (i) carried out lawfully; and\n- (ii) not directed towards taking the shark; and\n- (a) if the shark is sick, injured or dead— (i) as soon as practicable, notify a conservation officer about the shark and the circumstances in which the shark was taken; and (ii) if the officer directs the person to deal with the shark in a particular way—deal with the shark in the way directed; or\n- (i) as soon as practicable, notify a conservation officer about the shark and the circumstances in which the shark was taken; and\n- (ii) if the officer directs the person to deal with the shark in a particular way—deal with the shark in the way directed; or\n- (b) otherwise—return it to the waters from which it was taken.\n- (i) as soon as practicable, notify a conservation officer about the shark and the circumstances in which the shark was taken; and\n- (ii) if the officer directs the person to deal with the shark in a particular way—deal with the shark in the way directed; or","sortOrder":507},{"sectionNumber":"sec.325","sectionType":"section","heading":"Procedure if animal stolen","content":"### sec.325 Procedure if animal stolen\n\nThis section applies if—\na person keeps an animal under the Act ; and\nthe animal is stolen from the person.\nThe person must, unless the person has a reasonable excuse—\nimmediately report the theft to—\na police officer; and\na departmental conservation officer; and\nif the person is given a copy of a police report about the theft, keep the copy for a period of 2 years after the day the person receives the copy.\nMaximum penalty—20 penalty units.\nAlso, if the person keeps a record under the Act for the animal, the person must record the particulars of the theft in the record unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIn this section—\ndepartmental conservation officer means a conservation officer who is an employee of the department.\n(sec.325-ssec.1) This section applies if— a person keeps an animal under the Act ; and the animal is stolen from the person.\n(sec.325-ssec.2) The person must, unless the person has a reasonable excuse— immediately report the theft to— a police officer; and a departmental conservation officer; and if the person is given a copy of a police report about the theft, keep the copy for a period of 2 years after the day the person receives the copy. Maximum penalty—20 penalty units.\n(sec.325-ssec.3) Also, if the person keeps a record under the Act for the animal, the person must record the particulars of the theft in the record unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.325-ssec.4) In this section— departmental conservation officer means a conservation officer who is an employee of the department.\n- (a) a person keeps an animal under the Act ; and\n- (b) the animal is stolen from the person.\n- (a) immediately report the theft to— (i) a police officer; and (ii) a departmental conservation officer; and\n- (i) a police officer; and\n- (ii) a departmental conservation officer; and\n- (b) if the person is given a copy of a police report about the theft, keep the copy for a period of 2 years after the day the person receives the copy.\n- (i) a police officer; and\n- (ii) a departmental conservation officer; and","sortOrder":508},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Housing and care of animals","content":"# Housing and care of animals","sortOrder":509},{"sectionNumber":"sec.326","sectionType":"section","heading":"Housing and care of live protected animals","content":"### sec.326 Housing and care of live protected animals\n\nA person who keeps a live protected animal under the Act , other than under an animal authority, must, unless the person has a reasonable excuse—\nkeep the animal in a secure cage or enclosure that prevents the animal’s escape and protects it from predators; and\nsupply the animal with shelter, ventilation and enough water and food to maintain the animal’s health and wellbeing.\nMaximum penalty—20 penalty units.\nSee also sections 85 and 327 .\n- (a) keep the animal in a secure cage or enclosure that prevents the animal’s escape and protects it from predators; and\n- (b) supply the animal with shelter, ventilation and enough water and food to maintain the animal’s health and wellbeing.","sortOrder":510},{"sectionNumber":"sec.327","sectionType":"section","heading":"Chief executive may require alteration of cage or enclosure or surrender of animal","content":"### sec.327 Chief executive may require alteration of cage or enclosure or surrender of animal\n\nIf the chief executive believes a cage or enclosure in which an animal mentioned in section 85 or 326 is kept does not comply with those sections, the chief executive may give the person keeping the animal a notice stating the person must—\nmake stated alterations to the cage or enclosure within a stated period; or\nsurrender the animal to the chief executive within a stated period.\nA notice given under subsection (1) must be, or include, an information notice for the decision to give the notice.\nA person to whom a notice is given under subsection (1) must comply with the notice.\nMaximum penalty—20 penalty units.\n(sec.327-ssec.1) If the chief executive believes a cage or enclosure in which an animal mentioned in section 85 or 326 is kept does not comply with those sections, the chief executive may give the person keeping the animal a notice stating the person must— make stated alterations to the cage or enclosure within a stated period; or surrender the animal to the chief executive within a stated period.\n(sec.327-ssec.2) A notice given under subsection (1) must be, or include, an information notice for the decision to give the notice.\n(sec.327-ssec.3) A person to whom a notice is given under subsection (1) must comply with the notice. Maximum penalty—20 penalty units.\n- (a) make stated alterations to the cage or enclosure within a stated period; or\n- (b) surrender the animal to the chief executive within a stated period.","sortOrder":511},{"sectionNumber":"ch.7-pt.5","sectionType":"part","heading":"Movement of animals","content":"# Movement of animals","sortOrder":512},{"sectionNumber":"sec.328","sectionType":"section","heading":"Moving live protected animals in containers","content":"### sec.328 Moving live protected animals in containers\n\nThis section applies if—\na person (the seller ) keeps a live protected animal under the Act ; and\nthe seller sells or gives the animal to another person (the buyer ); and\nthe animal is moved between the seller and the buyer in a container.\nThe seller and buyer must ensure the container—\nis capable of doing the following under ordinary transportation conditions—\nkeeping the animal stable;\npreventing the animal from escaping;\nprotecting the animal from predators; and\nis locked or otherwise secured during the movement.\nMaximum penalty—20 penalty units.\n(sec.328-ssec.1) This section applies if— a person (the seller ) keeps a live protected animal under the Act ; and the seller sells or gives the animal to another person (the buyer ); and the animal is moved between the seller and the buyer in a container.\n(sec.328-ssec.2) The seller and buyer must ensure the container— is capable of doing the following under ordinary transportation conditions— keeping the animal stable; preventing the animal from escaping; protecting the animal from predators; and is locked or otherwise secured during the movement. Maximum penalty—20 penalty units.\n- (a) a person (the seller ) keeps a live protected animal under the Act ; and\n- (b) the seller sells or gives the animal to another person (the buyer ); and\n- (c) the animal is moved between the seller and the buyer in a container.\n- (a) is capable of doing the following under ordinary transportation conditions— (i) keeping the animal stable; (ii) preventing the animal from escaping; (iii) protecting the animal from predators; and\n- (i) keeping the animal stable;\n- (ii) preventing the animal from escaping;\n- (iii) protecting the animal from predators; and\n- (b) is locked or otherwise secured during the movement.\n- (i) keeping the animal stable;\n- (ii) preventing the animal from escaping;\n- (iii) protecting the animal from predators; and","sortOrder":513},{"sectionNumber":"sec.329","sectionType":"section","heading":"Information to accompany animal sold or given away","content":"### sec.329 Information to accompany animal sold or given away\n\nThis section applies if—\na protected, international or prohibited animal is sold or given away; and\nthe animal is moved from the place the animal is kept by the seller of the animal to the place the animal will be kept by the buyer of the animal.\nThe seller must ensure a written statement including the following information accompanies the animal during the movement—\nthe name and address of the seller and buyer;\nthe number of any animal authority, or exhibited animal authority, held by the seller and buyer;\nthe animal’s common name or, if the animal does not have a common name, the animal’s scientific name;\nif more than 1 animal is being moved in 1 container—how many animals are in the container;\nif the animal is a dangerous or venomous animal—that the animal is a dangerous or venomous animal.\nMaximum penalty—20 penalty units.\n(sec.329-ssec.1) This section applies if— a protected, international or prohibited animal is sold or given away; and the animal is moved from the place the animal is kept by the seller of the animal to the place the animal will be kept by the buyer of the animal.\n(sec.329-ssec.2) The seller must ensure a written statement including the following information accompanies the animal during the movement— the name and address of the seller and buyer; the number of any animal authority, or exhibited animal authority, held by the seller and buyer; the animal’s common name or, if the animal does not have a common name, the animal’s scientific name; if more than 1 animal is being moved in 1 container—how many animals are in the container; if the animal is a dangerous or venomous animal—that the animal is a dangerous or venomous animal. Maximum penalty—20 penalty units.\n- (a) a protected, international or prohibited animal is sold or given away; and\n- (b) the animal is moved from the place the animal is kept by the seller of the animal to the place the animal will be kept by the buyer of the animal.\n- (a) the name and address of the seller and buyer;\n- (b) the number of any animal authority, or exhibited animal authority, held by the seller and buyer;\n- (c) the animal’s common name or, if the animal does not have a common name, the animal’s scientific name;\n- (d) if more than 1 animal is being moved in 1 container—how many animals are in the container;\n- (e) if the animal is a dangerous or venomous animal—that the animal is a dangerous or venomous animal.","sortOrder":514},{"sectionNumber":"sec.330","sectionType":"section","heading":"Effect of movement requirements on authorisation","content":"### sec.330 Effect of movement requirements on authorisation\n\nThis section applies if—\na person is authorised under another provision of this regulation to move an animal; and\na requirement under section 328 or 329 (a movement requirement ) applies to the movement of the animal.\nThe person is authorised under the other provision only to the extent the person complies with the movement requirement when moving the animal.\n(sec.330-ssec.1) This section applies if— a person is authorised under another provision of this regulation to move an animal; and a requirement under section 328 or 329 (a movement requirement ) applies to the movement of the animal.\n(sec.330-ssec.2) The person is authorised under the other provision only to the extent the person complies with the movement requirement when moving the animal.\n- (a) a person is authorised under another provision of this regulation to move an animal; and\n- (b) a requirement under section 328 or 329 (a movement requirement ) applies to the movement of the animal.","sortOrder":515},{"sectionNumber":"ch.7-pt.6","sectionType":"part","heading":"Interactions with and release of animals","content":"# Interactions with and release of animals","sortOrder":516},{"sectionNumber":"sec.331","sectionType":"section","heading":"Meaning of commercial interaction","content":"### sec.331 Meaning of commercial interaction\n\nA commercial interaction with an animal is any of the following acts if a person gains a direct or indirect financial benefit from carrying out the act—\nfeeding or luring the animal;\nhandling or touching the animal;\ndisturbing or interfering with the animal, including, for example, photographing or filming the animal in a way that disturbs or interferes with the animal;\nphysically restraining, or placing a physical restraint on, the animal;\napproaching or pursuing the animal for the purpose of doing an act mentioned in any of paragraphs (a) to (d) ;\nattempting to do an act mentioned in any of paragraphs (a) to (e) .\nDoing an act mentioned in any of paragraphs (a) to (f) as part of a paid show, tour or demonstration.\nHowever, a commercial interaction with an animal does not include—\ncarrying out an act reasonably necessary for an educational or research purpose; or\ntaking action to prevent or minimise damage to property caused by an animal.\ninstalling a fence or other enclosure to prevent the animal from accessing land, or property on the land, on which the animal is causing or may cause damage\nusing an audio or visual device or other thing to deter the animal from accessing land, or property on the land, on which the animal is causing or may cause damage\n(sec.331-ssec.1) A commercial interaction with an animal is any of the following acts if a person gains a direct or indirect financial benefit from carrying out the act— feeding or luring the animal; handling or touching the animal; disturbing or interfering with the animal, including, for example, photographing or filming the animal in a way that disturbs or interferes with the animal; physically restraining, or placing a physical restraint on, the animal; approaching or pursuing the animal for the purpose of doing an act mentioned in any of paragraphs (a) to (d) ; attempting to do an act mentioned in any of paragraphs (a) to (e) . Doing an act mentioned in any of paragraphs (a) to (f) as part of a paid show, tour or demonstration.\n(sec.331-ssec.2) However, a commercial interaction with an animal does not include— carrying out an act reasonably necessary for an educational or research purpose; or taking action to prevent or minimise damage to property caused by an animal. installing a fence or other enclosure to prevent the animal from accessing land, or property on the land, on which the animal is causing or may cause damage using an audio or visual device or other thing to deter the animal from accessing land, or property on the land, on which the animal is causing or may cause damage\n- (a) feeding or luring the animal;\n- (b) handling or touching the animal;\n- (c) disturbing or interfering with the animal, including, for example, photographing or filming the animal in a way that disturbs or interferes with the animal;\n- (d) physically restraining, or placing a physical restraint on, the animal;\n- (e) approaching or pursuing the animal for the purpose of doing an act mentioned in any of paragraphs (a) to (d) ;\n- (f) attempting to do an act mentioned in any of paragraphs (a) to (e) .\n- (a) carrying out an act reasonably necessary for an educational or research purpose; or\n- (b) taking action to prevent or minimise damage to property caused by an animal. Examples of action to prevent or minimise damage caused by an animal— • installing a fence or other enclosure to prevent the animal from accessing land, or property on the land, on which the animal is causing or may cause damage • using an audio or visual device or other thing to deter the animal from accessing land, or property on the land, on which the animal is causing or may cause damage\n- • installing a fence or other enclosure to prevent the animal from accessing land, or property on the land, on which the animal is causing or may cause damage\n- • using an audio or visual device or other thing to deter the animal from accessing land, or property on the land, on which the animal is causing or may cause damage\n- • installing a fence or other enclosure to prevent the animal from accessing land, or property on the land, on which the animal is causing or may cause damage\n- • using an audio or visual device or other thing to deter the animal from accessing land, or property on the land, on which the animal is causing or may cause damage","sortOrder":517},{"sectionNumber":"sec.332","sectionType":"section","heading":"Commercial interactions with live protected animals","content":"### sec.332 Commercial interactions with live protected animals\n\nA person must not engage in a commercial interaction with a live protected animal in the wild unless the person is an authorised person or the interaction is authorised under the Act or another Act.\nMaximum penalty—80 penalty units.\nSee also section 88C of the Act for offences relating to flying-fox roosts.\nSee chapter 3 , part 7 about authorities to engage in particular commercial interactions with animals.\nSee chapter 4 , part 8 and chapter 5 , part 2 about interaction licenses for engaging in commercial interactions with animals.\n- 1 See also section 88C of the Act for offences relating to flying-fox roosts.\n- 2 See chapter 3 , part 7 about authorities to engage in particular commercial interactions with animals.\n- 3 See chapter 4 , part 8 and chapter 5 , part 2 about interaction licenses for engaging in commercial interactions with animals.","sortOrder":518},{"sectionNumber":"sec.333","sectionType":"section","heading":"Feeding native animals in the wild","content":"### sec.333 Feeding native animals in the wild\n\nA person must not, without a reasonable excuse, feed a native animal in the wild in a way that poses an immediate threat to human health or safety.\nMaximum penalty—165 penalty units.\nWithout limiting subsection (1) , a person feeds an animal in a way that poses an immediate threat to human health or safety if—\nthe person feeds the animal in a way that causes the animal to move from the place where it is located to the place where the person is providing the food; and\nthe movement of the animal results in danger to human health or safety.\nA person must not feed a native animal in the wild if the animal is a dangerous or venomous animal or capable of injuring a person.\nMaximum penalty—\nif the animal is a dingo and the offence is committed on K’gari—165 penalty units; or\nif the animal is an estuarine crocodile—165 penalty units; or\notherwise—40 penalty units.\nSubsection (3) does not apply if—\nthe person is an authorised person; or\nthe person feeds the animal in preparation for, or in the course of, lawfully taking the animal; or\nthe person feeds the animal under an animal authority; or\nthe person has another reasonable excuse.\ns 333 amd 2023 SL No. 147 s 5 ; 2024 SL No. 196 s 20\n(sec.333-ssec.1) A person must not, without a reasonable excuse, feed a native animal in the wild in a way that poses an immediate threat to human health or safety. Maximum penalty—165 penalty units.\n(sec.333-ssec.2) Without limiting subsection (1) , a person feeds an animal in a way that poses an immediate threat to human health or safety if— the person feeds the animal in a way that causes the animal to move from the place where it is located to the place where the person is providing the food; and the movement of the animal results in danger to human health or safety.\n(sec.333-ssec.3) A person must not feed a native animal in the wild if the animal is a dangerous or venomous animal or capable of injuring a person. Maximum penalty— if the animal is a dingo and the offence is committed on K’gari—165 penalty units; or if the animal is an estuarine crocodile—165 penalty units; or otherwise—40 penalty units.\n(sec.333-ssec.4) Subsection (3) does not apply if— the person is an authorised person; or the person feeds the animal in preparation for, or in the course of, lawfully taking the animal; or the person feeds the animal under an animal authority; or the person has another reasonable excuse.\n- (a) the person feeds the animal in a way that causes the animal to move from the place where it is located to the place where the person is providing the food; and\n- (b) the movement of the animal results in danger to human health or safety.\n- (a) if the animal is a dingo and the offence is committed on K’gari—165 penalty units; or\n- (b) if the animal is an estuarine crocodile—165 penalty units; or\n- (c) otherwise—40 penalty units.\n- (a) the person is an authorised person; or\n- (b) the person feeds the animal in preparation for, or in the course of, lawfully taking the animal; or\n- (c) the person feeds the animal under an animal authority; or\n- (d) the person has another reasonable excuse.","sortOrder":519},{"sectionNumber":"sec.333A","sectionType":"section","heading":"Keeping food away from dingoes on K’gari","content":"### sec.333A Keeping food away from dingoes on K’gari\n\nA person on K’gari must, unless the person has a reasonable excuse, ensure food in the person’s possession or under the person’s control is kept in a way that prevents a dingo from gaining access to the food.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to a person if the person is—\nconsuming or preparing food for human consumption; or\ndisposing of food lawfully; or\ngiving food to an animal lawfully brought on K’gari.\nSee, however, section 10 in relation to the application of this regulation to animals in a protected area.\ns 333A ins 2024 SL No. 196 s 21\n(sec.333A-ssec.1) A person on K’gari must, unless the person has a reasonable excuse, ensure food in the person’s possession or under the person’s control is kept in a way that prevents a dingo from gaining access to the food. Maximum penalty—40 penalty units.\n(sec.333A-ssec.2) Subsection (1) does not apply to a person if the person is— consuming or preparing food for human consumption; or disposing of food lawfully; or giving food to an animal lawfully brought on K’gari. See, however, section 10 in relation to the application of this regulation to animals in a protected area.\n- (a) consuming or preparing food for human consumption; or\n- (b) disposing of food lawfully; or\n- (c) giving food to an animal lawfully brought on K’gari.","sortOrder":520},{"sectionNumber":"sec.334","sectionType":"section","heading":"Disturbing particular native animals in the wild","content":"### sec.334 Disturbing particular native animals in the wild\n\nA person must not disturb a native animal in the wild if the animal is a dangerous or venomous animal, or capable of injuring a person, unless the person is an authorised person or the disturbance is authorised under the Act .\nMaximum penalty—\nif the animal is a dingo and the offence is committed on K’gari—165 penalty units; or\nif the animal is an estuarine crocodile—165 penalty units; or\notherwise—40 penalty units.\nSee chapter 3 , part 7 about authorities to engage in particular commercial interactions with animals.\nSee chapter 4 , part 8 and chapter 5 , part 2 about interaction licences for engaging in commercial interactions with animals.\nHowever, subsection (1) does not apply if—\nthe person disturbs the animal in preparation for, or in the course of, lawfully taking the animal; or\nthe disturbance by the person—\nis in the course of an activity that is carried out lawfully and not directed towards disturbing the animal; and\ncould not reasonably have been avoided.\ns 334 amd 2023 SL No. 147 s 6 ; 2024 SL No. 196 s 22\n(sec.334-ssec.1) A person must not disturb a native animal in the wild if the animal is a dangerous or venomous animal, or capable of injuring a person, unless the person is an authorised person or the disturbance is authorised under the Act . Maximum penalty— if the animal is a dingo and the offence is committed on K’gari—165 penalty units; or if the animal is an estuarine crocodile—165 penalty units; or otherwise—40 penalty units. See chapter 3 , part 7 about authorities to engage in particular commercial interactions with animals. See chapter 4 , part 8 and chapter 5 , part 2 about interaction licences for engaging in commercial interactions with animals.\n(sec.334-ssec.2) However, subsection (1) does not apply if— the person disturbs the animal in preparation for, or in the course of, lawfully taking the animal; or the disturbance by the person— is in the course of an activity that is carried out lawfully and not directed towards disturbing the animal; and could not reasonably have been avoided.\n- (a) if the animal is a dingo and the offence is committed on K’gari—165 penalty units; or\n- (b) if the animal is an estuarine crocodile—165 penalty units; or\n- (c) otherwise—40 penalty units.\n- 1 See chapter 3 , part 7 about authorities to engage in particular commercial interactions with animals.\n- 2 See chapter 4 , part 8 and chapter 5 , part 2 about interaction licences for engaging in commercial interactions with animals.\n- (a) the person disturbs the animal in preparation for, or in the course of, lawfully taking the animal; or\n- (b) the disturbance by the person— (i) is in the course of an activity that is carried out lawfully and not directed towards disturbing the animal; and (ii) could not reasonably have been avoided.\n- (i) is in the course of an activity that is carried out lawfully and not directed towards disturbing the animal; and\n- (ii) could not reasonably have been avoided.\n- (i) is in the course of an activity that is carried out lawfully and not directed towards disturbing the animal; and\n- (ii) could not reasonably have been avoided.","sortOrder":521},{"sectionNumber":"sec.335","sectionType":"section","heading":"Tampering with animal breeding place","content":"### sec.335 Tampering with animal breeding place\n\nA person must not, without a reasonable excuse, remove, or tamper with, an animal breeding place that is being used by a protected animal to incubate or rear the animal’s offspring.\nMaximum penalty—165 penalty units.\nSee also section 88C of the Act for offences relating to flying-fox roosts.\nFor subsection (1) , an animal breeding place is being used by a protected animal to incubate or rear the animal’s offspring if—\nthe animal is preparing, or has prepared, the place for incubating or rearing the animal’s offspring; or\nthe animal is breeding, or is about to breed, and is physically occupying the place; or\nthe animal and the animal’s offspring are physically occupying the place, even if the occupation is only periodical; or\nthe animal has used the place to incubate or rear the animal’s offspring and is of a species generally known to return to the same place to incubate or rear offspring in each breeding season for the animal.\nSubsection (1) does not apply if—\nthe person is an authorised person; or\nthe removal or tampering by the person is—\nauthorised under the Act ; or\nreasonably necessary for the person to carry out an activity authorised under the Act ; or\nthe removal or tampering is part of an approved species management program for the animal.\nIn this section—\napproved species management program , for an animal, means a program about managing the population and habitat of the species of animal that is approved by the chief executive.\ntamper , with an animal breeding place, means damage, destroy, mark, move or dig up the breeding place.\n(sec.335-ssec.1) A person must not, without a reasonable excuse, remove, or tamper with, an animal breeding place that is being used by a protected animal to incubate or rear the animal’s offspring. Maximum penalty—165 penalty units. See also section 88C of the Act for offences relating to flying-fox roosts.\n(sec.335-ssec.2) For subsection (1) , an animal breeding place is being used by a protected animal to incubate or rear the animal’s offspring if— the animal is preparing, or has prepared, the place for incubating or rearing the animal’s offspring; or the animal is breeding, or is about to breed, and is physically occupying the place; or the animal and the animal’s offspring are physically occupying the place, even if the occupation is only periodical; or the animal has used the place to incubate or rear the animal’s offspring and is of a species generally known to return to the same place to incubate or rear offspring in each breeding season for the animal.\n(sec.335-ssec.3) Subsection (1) does not apply if— the person is an authorised person; or the removal or tampering by the person is— authorised under the Act ; or reasonably necessary for the person to carry out an activity authorised under the Act ; or the removal or tampering is part of an approved species management program for the animal.\n(sec.335-ssec.4) In this section— approved species management program , for an animal, means a program about managing the population and habitat of the species of animal that is approved by the chief executive. tamper , with an animal breeding place, means damage, destroy, mark, move or dig up the breeding place.\n- (a) the animal is preparing, or has prepared, the place for incubating or rearing the animal’s offspring; or\n- (b) the animal is breeding, or is about to breed, and is physically occupying the place; or\n- (c) the animal and the animal’s offspring are physically occupying the place, even if the occupation is only periodical; or\n- (d) the animal has used the place to incubate or rear the animal’s offspring and is of a species generally known to return to the same place to incubate or rear offspring in each breeding season for the animal.\n- (a) the person is an authorised person; or\n- (b) the removal or tampering by the person is— (i) authorised under the Act ; or (ii) reasonably necessary for the person to carry out an activity authorised under the Act ; or\n- (i) authorised under the Act ; or\n- (ii) reasonably necessary for the person to carry out an activity authorised under the Act ; or\n- (c) the removal or tampering is part of an approved species management program for the animal.\n- (i) authorised under the Act ; or\n- (ii) reasonably necessary for the person to carry out an activity authorised under the Act ; or","sortOrder":522},{"sectionNumber":"sec.336","sectionType":"section","heading":"Releasing animals","content":"### sec.336 Releasing animals\n\nA person must not release an animal into the wild.\nMaximum penalty—165 penalty units.\nHowever, this section does not apply if—\nthe person is an authorised person; or\nfor an animal other than a dingo—the chief executive gives the person a written approval authorising the release of the animal and the person releases the animal in accordance with the approval; or\nthe person is otherwise authorised under the Act to release the animal and releases the animal in accordance with the authorisation; or\nthe person reasonably expects to recover the animal after it is released; or\nthe person has another reasonable excuse.\nIn this section—\nrelease includes abandon.\ns 336 amd 2022 SL No. 166 s 9\n(sec.336-ssec.1) A person must not release an animal into the wild. Maximum penalty—165 penalty units.\n(sec.336-ssec.2) However, this section does not apply if— the person is an authorised person; or for an animal other than a dingo—the chief executive gives the person a written approval authorising the release of the animal and the person releases the animal in accordance with the approval; or the person is otherwise authorised under the Act to release the animal and releases the animal in accordance with the authorisation; or the person reasonably expects to recover the animal after it is released; or the person has another reasonable excuse.\n(sec.336-ssec.3) In this section— release includes abandon.\n- (a) the person is an authorised person; or\n- (b) for an animal other than a dingo—the chief executive gives the person a written approval authorising the release of the animal and the person releases the animal in accordance with the approval; or\n- (c) the person is otherwise authorised under the Act to release the animal and releases the animal in accordance with the authorisation; or\n- (d) the person reasonably expects to recover the animal after it is released; or\n- (e) the person has another reasonable excuse.","sortOrder":523},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":524},{"sectionNumber":"sec.337","sectionType":"section","heading":"Definitions for chapter","content":"### sec.337 Definitions for chapter\n\nIn this chapter—\nanimal record particulars , for an animal, means each of the following—\nthe particulars of the animal;\nif the animal is obtained by taking the animal—the particulars of the taking;\nif the animal is obtained, or disposed of, by a transaction—the particulars of the transaction;\nif the animal escapes or dies—the particulars of the escape or death;\nif the animal produces offspring—the particulars for the offspring.\napproved electronic record system means—\nfor a record required to be kept for a standard licence, a specialised licence or an advanced licence—the authority management system; or\nfor another record—a system for keeping the record electronically that is approved by the chief executive.\ns 337 def approved electronic record system sub 2025 SL No. 125 s 30\nonline record means a record kept in an approved electronic record system that is an online system made available on a Queensland Government website.\nparticulars , of an animal, includes the identification code for any electromagnetic implant inserted into the animal or any tag attached to the animal.\nrecord means a record—\nrequired to be kept for an animal authority; or\notherwise required to be kept in relation to an animal under the Act .\nrelevant record particulars , for a record, means the following information—\ninformation required to be included in the record under the Act ;\nfor a record for an animal authority—the animal record particulars for each animal kept under the authority;\nfor another record—\nif the record relates to an animal—the animal record particulars for the animal; and\nany other relevant details about the activity to which the record relates.\nrequired period means—\nfor a record, or return of operations, relating to an animal authority—\nif a conservation plan states the period for which the record or return, or part of the record or return, must be kept—the period stated in the plan; or\n2 years after the person ceases to hold the authority; or\nfor another record—2 years after the person ceases to carry out the activity, or possess the animal, to which the record relates.\nreturn of operations , for an animal authority, means a return of operations required to be given to the chief executive for the authority.\n- (a) the particulars of the animal;\n- (b) if the animal is obtained by taking the animal—the particulars of the taking;\n- (c) if the animal is obtained, or disposed of, by a transaction—the particulars of the transaction;\n- (d) if the animal escapes or dies—the particulars of the escape or death;\n- (e) if the animal produces offspring—the particulars for the offspring.\n- (a) for a record required to be kept for a standard licence, a specialised licence or an advanced licence—the authority management system; or\n- (b) for another record—a system for keeping the record electronically that is approved by the chief executive.\n- (a) required to be kept for an animal authority; or\n- (b) otherwise required to be kept in relation to an animal under the Act .\n- (a) information required to be included in the record under the Act ;\n- (b) for a record for an animal authority—the animal record particulars for each animal kept under the authority;\n- (c) for another record— (i) if the record relates to an animal—the animal record particulars for the animal; and (ii) any other relevant details about the activity to which the record relates.\n- (i) if the record relates to an animal—the animal record particulars for the animal; and\n- (ii) any other relevant details about the activity to which the record relates.\n- (i) if the record relates to an animal—the animal record particulars for the animal; and\n- (ii) any other relevant details about the activity to which the record relates.\n- (a) for a record, or return of operations, relating to an animal authority— (i) if a conservation plan states the period for which the record or return, or part of the record or return, must be kept—the period stated in the plan; or (ii) 2 years after the person ceases to hold the authority; or\n- (i) if a conservation plan states the period for which the record or return, or part of the record or return, must be kept—the period stated in the plan; or\n- (ii) 2 years after the person ceases to hold the authority; or\n- (b) for another record—2 years after the person ceases to carry out the activity, or possess the animal, to which the record relates.\n- (i) if a conservation plan states the period for which the record or return, or part of the record or return, must be kept—the period stated in the plan; or\n- (ii) 2 years after the person ceases to hold the authority; or","sortOrder":525},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"General requirements for records and returns of operations","content":"# General requirements for records and returns of operations","sortOrder":526},{"sectionNumber":"sec.338","sectionType":"section","heading":"Information must be complete, accurate and legible","content":"### sec.338 Information must be complete, accurate and legible\n\nThis section applies to a person who is required to—\nkeep a record; or\ngive a return of operations to the chief executive.\nThe person must ensure that information included in the record or return of operations is—\ncomplete and accurate; and\nlegible; and\nfor a record or return of operations not kept in an approved electronic record system—written in ink.\nMaximum penalty—100 penalty units.\n(sec.338-ssec.1) This section applies to a person who is required to— keep a record; or give a return of operations to the chief executive.\n(sec.338-ssec.2) The person must ensure that information included in the record or return of operations is— complete and accurate; and legible; and for a record or return of operations not kept in an approved electronic record system—written in ink. Maximum penalty—100 penalty units.\n- (a) keep a record; or\n- (b) give a return of operations to the chief executive.\n- (a) complete and accurate; and\n- (b) legible; and\n- (c) for a record or return of operations not kept in an approved electronic record system—written in ink.","sortOrder":527},{"sectionNumber":"sec.339","sectionType":"section","heading":"Notice of theft, loss or destruction of, or damage to, record or return of operations","content":"### sec.339 Notice of theft, loss or destruction of, or damage to, record or return of operations\n\nThis section applies if—\na person is required to keep a record or give a return of operations to the chief executive; and\nthe record or return of operations, or a copy of the record or return, is stolen, lost, destroyed or damaged.\nHowever, this section does not apply if the person keeps the record as an online record.\nWithin 24 hours after becoming aware of the theft, loss, destruction or damage, the person must, unless the person has a reasonable excuse, give the chief executive a notice stating the record or return of operations has been stolen, lost, destroyed or damaged.\nMaximum penalty—120 penalty units.\nSubsection (5) applies if a person (the second person ), other than the person mentioned in subsection (1) (a) , keeps the record or return of operations.\nWithin 24 hours after becoming aware of the theft, loss, destruction or damage, the second person must, unless the second person has a reasonable excuse, notify the person mentioned in subsection (1) (a) of the theft, loss, destruction or damage.\nMaximum penalty—40 penalty units.\n(sec.339-ssec.1) This section applies if— a person is required to keep a record or give a return of operations to the chief executive; and the record or return of operations, or a copy of the record or return, is stolen, lost, destroyed or damaged.\n(sec.339-ssec.2) However, this section does not apply if the person keeps the record as an online record.\n(sec.339-ssec.3) Within 24 hours after becoming aware of the theft, loss, destruction or damage, the person must, unless the person has a reasonable excuse, give the chief executive a notice stating the record or return of operations has been stolen, lost, destroyed or damaged. Maximum penalty—120 penalty units.\n(sec.339-ssec.4) Subsection (5) applies if a person (the second person ), other than the person mentioned in subsection (1) (a) , keeps the record or return of operations.\n(sec.339-ssec.5) Within 24 hours after becoming aware of the theft, loss, destruction or damage, the second person must, unless the second person has a reasonable excuse, notify the person mentioned in subsection (1) (a) of the theft, loss, destruction or damage. Maximum penalty—40 penalty units.\n- (a) a person is required to keep a record or give a return of operations to the chief executive; and\n- (b) the record or return of operations, or a copy of the record or return, is stolen, lost, destroyed or damaged.","sortOrder":528},{"sectionNumber":"sec.340","sectionType":"section","heading":"Tampering with records or returns of operation","content":"### sec.340 Tampering with records or returns of operation\n\nA person must not, without reasonable excuse—\ndeface, erase or obliterate an entry in a record or return of operations; or\nremove an entry from a record or return of operations; or\nmodify an entry in a record or return of operations; or\nact in a way mentioned in paragraphs (a) to (c) in relation to a copy of a record or return of operations.\nMaximum penalty—120 penalty units.\nHowever, subsection (1) (d) does not apply in relation to the removal of an entry from a record book if—\nthe entry is a page that is a copy of a return of operations; and\nthe person gives the page to the chief executive.\n(sec.340-ssec.1) A person must not, without reasonable excuse— deface, erase or obliterate an entry in a record or return of operations; or remove an entry from a record or return of operations; or modify an entry in a record or return of operations; or act in a way mentioned in paragraphs (a) to (c) in relation to a copy of a record or return of operations. Maximum penalty—120 penalty units.\n(sec.340-ssec.2) However, subsection (1) (d) does not apply in relation to the removal of an entry from a record book if— the entry is a page that is a copy of a return of operations; and the person gives the page to the chief executive.\n- (a) deface, erase or obliterate an entry in a record or return of operations; or\n- (b) remove an entry from a record or return of operations; or\n- (c) modify an entry in a record or return of operations; or\n- (d) act in a way mentioned in paragraphs (a) to (c) in relation to a copy of a record or return of operations.\n- (a) the entry is a page that is a copy of a return of operations; and\n- (b) the person gives the page to the chief executive.","sortOrder":529},{"sectionNumber":"sec.341","sectionType":"section","heading":"Approved person may keep records and give returns of operations","content":"### sec.341 Approved person may keep records and give returns of operations\n\nThis section applies if the chief executive is satisfied that a person, who is required to keep a record or give a return of operations, is—\nilliterate; or\notherwise unable to keep the record or give the return of operations.\nThe chief executive may give the person a written approval stating another person (an approved person ), stated in the approval, may—\nkeep the record for the person; or\ngive the return of operations to the chief executive for the person.\nHowever, the chief executive must only give the person the written approval if the approved person agrees to—\nkeep the record for the person; or\ngive the return of operations to the chief executive for the person.\ns 341 amd 2021 SL No. 165 s 9\n(sec.341-ssec.1) This section applies if the chief executive is satisfied that a person, who is required to keep a record or give a return of operations, is— illiterate; or otherwise unable to keep the record or give the return of operations.\n(sec.341-ssec.2) The chief executive may give the person a written approval stating another person (an approved person ), stated in the approval, may— keep the record for the person; or give the return of operations to the chief executive for the person.\n(sec.341-ssec.3) However, the chief executive must only give the person the written approval if the approved person agrees to— keep the record for the person; or give the return of operations to the chief executive for the person.\n- (a) illiterate; or\n- (b) otherwise unable to keep the record or give the return of operations.\n- (a) keep the record for the person; or\n- (b) give the return of operations to the chief executive for the person.\n- (a) keep the record for the person; or\n- (b) give the return of operations to the chief executive for the person.","sortOrder":530},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Records","content":"# Records","sortOrder":531},{"sectionNumber":"sec.342","sectionType":"section","heading":"How records must be kept","content":"### sec.342 How records must be kept\n\nIf a person is required to keep a record, the person must ensure the record is kept—\nfor a record kept for a standard licence, a specialised licence or an advanced licence—\nin an approved electronic record system; or\nif the chief executive gives the person written approval to keep the record in a record book—in a record book; or\nfor a record kept for another animal authority—\nif a conservation plan states how the record must be kept—in the way stated in the conservation plan; or\nSee the Nature Conservation (Macropod) Conservation Plan 2017 for how a record for particular animal authorities for macropods must be kept.\notherwise—in a record book or an approved electronic record system; or\nfor another record—in a record book or an approved electronic record system.\nMaximum penalty—120 penalty units.\nThe chief executive may give a person an approval under subsection (1) (a) (ii) only if the chief executive is satisfied that exceptional circumstances—\nprevent the person from using an approved electronic record system; or\nmake it impractical for the person to use an approved electronic record system.\nthe person does not have access to the internet\nIf the record is kept in an approved electronic record system and the system is not working on the day particular information must be included in the record—\nthe information must be recorded in a document in the approved form; and\nthe document is taken to be a part of the system when the information is recorded in the document.\nA record book is the property of the State.\n(sec.342-ssec.1) If a person is required to keep a record, the person must ensure the record is kept— for a record kept for a standard licence, a specialised licence or an advanced licence— in an approved electronic record system; or if the chief executive gives the person written approval to keep the record in a record book—in a record book; or for a record kept for another animal authority— if a conservation plan states how the record must be kept—in the way stated in the conservation plan; or See the Nature Conservation (Macropod) Conservation Plan 2017 for how a record for particular animal authorities for macropods must be kept. otherwise—in a record book or an approved electronic record system; or for another record—in a record book or an approved electronic record system. Maximum penalty—120 penalty units.\n(sec.342-ssec.2) The chief executive may give a person an approval under subsection (1) (a) (ii) only if the chief executive is satisfied that exceptional circumstances— prevent the person from using an approved electronic record system; or make it impractical for the person to use an approved electronic record system. the person does not have access to the internet\n(sec.342-ssec.3) If the record is kept in an approved electronic record system and the system is not working on the day particular information must be included in the record— the information must be recorded in a document in the approved form; and the document is taken to be a part of the system when the information is recorded in the document.\n(sec.342-ssec.4) A record book is the property of the State.\n- (a) for a record kept for a standard licence, a specialised licence or an advanced licence— (i) in an approved electronic record system; or (ii) if the chief executive gives the person written approval to keep the record in a record book—in a record book; or\n- (i) in an approved electronic record system; or\n- (ii) if the chief executive gives the person written approval to keep the record in a record book—in a record book; or\n- (b) for a record kept for another animal authority— (i) if a conservation plan states how the record must be kept—in the way stated in the conservation plan; or Note— See the Nature Conservation (Macropod) Conservation Plan 2017 for how a record for particular animal authorities for macropods must be kept. (ii) otherwise—in a record book or an approved electronic record system; or\n- (i) if a conservation plan states how the record must be kept—in the way stated in the conservation plan; or Note— See the Nature Conservation (Macropod) Conservation Plan 2017 for how a record for particular animal authorities for macropods must be kept.\n- (ii) otherwise—in a record book or an approved electronic record system; or\n- (c) for another record—in a record book or an approved electronic record system.\n- (i) in an approved electronic record system; or\n- (ii) if the chief executive gives the person written approval to keep the record in a record book—in a record book; or\n- (i) if a conservation plan states how the record must be kept—in the way stated in the conservation plan; or Note— See the Nature Conservation (Macropod) Conservation Plan 2017 for how a record for particular animal authorities for macropods must be kept.\n- (ii) otherwise—in a record book or an approved electronic record system; or\n- (a) prevent the person from using an approved electronic record system; or\n- (b) make it impractical for the person to use an approved electronic record system.\n- (a) the information must be recorded in a document in the approved form; and\n- (b) the document is taken to be a part of the system when the information is recorded in the document.","sortOrder":532},{"sectionNumber":"sec.343","sectionType":"section","heading":"Request for record book or approval of electronic record system","content":"### sec.343 Request for record book or approval of electronic record system\n\nThis section applies if—\na person keeps a record in the way required under section 342 in—\na record book; or\nan approved electronic record system; and\nthe person does not have—\na record book for keeping the record; or\naccess to an electronic record system for keeping the record.\nThe person may request, in writing, that the chief executive—\nsupply a record book to the person for the keeping of the record; or\napprove an electronic record system for use by the person for the keeping of the record.\nThe request must be accompanied by the prescribed fee for the record book or approval.\n(sec.343-ssec.1) This section applies if— a person keeps a record in the way required under section 342 in— a record book; or an approved electronic record system; and the person does not have— a record book for keeping the record; or access to an electronic record system for keeping the record.\n(sec.343-ssec.2) The person may request, in writing, that the chief executive— supply a record book to the person for the keeping of the record; or approve an electronic record system for use by the person for the keeping of the record.\n(sec.343-ssec.3) The request must be accompanied by the prescribed fee for the record book or approval.\n- (a) a person keeps a record in the way required under section 342 in— (i) a record book; or (ii) an approved electronic record system; and\n- (i) a record book; or\n- (ii) an approved electronic record system; and\n- (b) the person does not have— (i) a record book for keeping the record; or (ii) access to an electronic record system for keeping the record.\n- (i) a record book for keeping the record; or\n- (ii) access to an electronic record system for keeping the record.\n- (i) a record book; or\n- (ii) an approved electronic record system; and\n- (i) a record book for keeping the record; or\n- (ii) access to an electronic record system for keeping the record.\n- (a) supply a record book to the person for the keeping of the record; or\n- (b) approve an electronic record system for use by the person for the keeping of the record.","sortOrder":533},{"sectionNumber":"sec.344","sectionType":"section","heading":"Where non-online records or copies must be kept","content":"### sec.344 Where non-online records or copies must be kept\n\nThis section applies if—\na person is required to keep a record; but\nthe person does not keep the record as an online record.\nThe person must ensure the record, or a copy of the record, is kept in a secure way at the following places—\nfor a record for an animal authority—\nif a conservation plan states the place where the record or copy must be kept—the place stated in the conservation plan; or\nSee the Nature Conservation (Macropod) Conservation Plan 2017 for where a record for a harvesting licence for macropods, or a copy of the record, must be kept.\notherwise—\nthe licensed premises for the authority; or\nif the holder of the authority is a corporation and the licensed premises for the authority are not readily accessible to members of the public—an office of the corporation that is in the State;\nfor another record—\nif the person is a corporation—an office of the corporation that is in the State; or\notherwise—the person’s residential address.\nMaximum penalty—120 penalty units.\n(sec.344-ssec.1) This section applies if— a person is required to keep a record; but the person does not keep the record as an online record.\n(sec.344-ssec.2) The person must ensure the record, or a copy of the record, is kept in a secure way at the following places— for a record for an animal authority— if a conservation plan states the place where the record or copy must be kept—the place stated in the conservation plan; or See the Nature Conservation (Macropod) Conservation Plan 2017 for where a record for a harvesting licence for macropods, or a copy of the record, must be kept. otherwise— the licensed premises for the authority; or if the holder of the authority is a corporation and the licensed premises for the authority are not readily accessible to members of the public—an office of the corporation that is in the State; for another record— if the person is a corporation—an office of the corporation that is in the State; or otherwise—the person’s residential address.\n- (a) a person is required to keep a record; but\n- (b) the person does not keep the record as an online record.\n- (a) for a record for an animal authority— (i) if a conservation plan states the place where the record or copy must be kept—the place stated in the conservation plan; or Note— See the Nature Conservation (Macropod) Conservation Plan 2017 for where a record for a harvesting licence for macropods, or a copy of the record, must be kept. (ii) otherwise— (A) the licensed premises for the authority; or (B) if the holder of the authority is a corporation and the licensed premises for the authority are not readily accessible to members of the public—an office of the corporation that is in the State;\n- (i) if a conservation plan states the place where the record or copy must be kept—the place stated in the conservation plan; or Note— See the Nature Conservation (Macropod) Conservation Plan 2017 for where a record for a harvesting licence for macropods, or a copy of the record, must be kept.\n- (ii) otherwise— (A) the licensed premises for the authority; or (B) if the holder of the authority is a corporation and the licensed premises for the authority are not readily accessible to members of the public—an office of the corporation that is in the State;\n- (A) the licensed premises for the authority; or\n- (B) if the holder of the authority is a corporation and the licensed premises for the authority are not readily accessible to members of the public—an office of the corporation that is in the State;\n- (b) for another record— (i) if the person is a corporation—an office of the corporation that is in the State; or (ii) otherwise—the person’s residential address.\n- (i) if the person is a corporation—an office of the corporation that is in the State; or\n- (ii) otherwise—the person’s residential address.\n- (i) if a conservation plan states the place where the record or copy must be kept—the place stated in the conservation plan; or Note— See the Nature Conservation (Macropod) Conservation Plan 2017 for where a record for a harvesting licence for macropods, or a copy of the record, must be kept.\n- (ii) otherwise— (A) the licensed premises for the authority; or (B) if the holder of the authority is a corporation and the licensed premises for the authority are not readily accessible to members of the public—an office of the corporation that is in the State;\n- (A) the licensed premises for the authority; or\n- (B) if the holder of the authority is a corporation and the licensed premises for the authority are not readily accessible to members of the public—an office of the corporation that is in the State;\n- (A) the licensed premises for the authority; or\n- (B) if the holder of the authority is a corporation and the licensed premises for the authority are not readily accessible to members of the public—an office of the corporation that is in the State;\n- (i) if the person is a corporation—an office of the corporation that is in the State; or\n- (ii) otherwise—the person’s residential address.","sortOrder":534},{"sectionNumber":"sec.345","sectionType":"section","heading":"Keeping, inspecting and surrendering particular records","content":"### sec.345 Keeping, inspecting and surrendering particular records\n\nThis section applies if—\na person is required to keep a record; but\nthe person does not keep the record as an online record.\nThe person must—\nensure the record or a copy of the record is kept for the required period for the record; and\nif asked by a conservation officer, produce the record or copy for inspection by the officer, unless the person has a reasonable excuse.\nMaximum penalty—120 penalty units.\nSubsection (4) applies if—\nthe person keeps the record, or a copy of the record, in a record book; and\nthe chief executive asks the person, in writing, to surrender the record book to the chief executive.\nUnless the person has a reasonable excuse, the person must surrender the record book to the chief executive.\nMaximum penalty—120 penalty units.\n(sec.345-ssec.1) This section applies if— a person is required to keep a record; but the person does not keep the record as an online record.\n(sec.345-ssec.2) The person must— ensure the record or a copy of the record is kept for the required period for the record; and if asked by a conservation officer, produce the record or copy for inspection by the officer, unless the person has a reasonable excuse. Maximum penalty—120 penalty units.\n(sec.345-ssec.3) Subsection (4) applies if— the person keeps the record, or a copy of the record, in a record book; and the chief executive asks the person, in writing, to surrender the record book to the chief executive.\n(sec.345-ssec.4) Unless the person has a reasonable excuse, the person must surrender the record book to the chief executive. Maximum penalty—120 penalty units.\n- (a) a person is required to keep a record; but\n- (b) the person does not keep the record as an online record.\n- (a) ensure the record or a copy of the record is kept for the required period for the record; and\n- (b) if asked by a conservation officer, produce the record or copy for inspection by the officer, unless the person has a reasonable excuse.\n- (a) the person keeps the record, or a copy of the record, in a record book; and\n- (b) the chief executive asks the person, in writing, to surrender the record book to the chief executive.","sortOrder":535},{"sectionNumber":"sec.346","sectionType":"section","heading":"Information that must be included in record","content":"### sec.346 Information that must be included in record\n\nA person who is required to keep a record must, unless the person has a reasonable excuse, ensure the following information is included in the record—\nif a conservation plan states the information that must be included in the record—the stated information;\nSee the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 for the information that must be included in a record for a harvesting licence for estuarine crocodile eggs.\nSee the Nature Conservation (Macropod) Conservation Plan 2017 for the information that must be included in a record for particular animal authorities for macropods.\notherwise—the relevant record particulars for the record.\nMaximum penalty—120 penalty units.\n- (a) if a conservation plan states the information that must be included in the record—the stated information; Notes— 1 See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 for the information that must be included in a record for a harvesting licence for estuarine crocodile eggs. 2 See the Nature Conservation (Macropod) Conservation Plan 2017 for the information that must be included in a record for particular animal authorities for macropods.\n- 1 See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 for the information that must be included in a record for a harvesting licence for estuarine crocodile eggs.\n- 2 See the Nature Conservation (Macropod) Conservation Plan 2017 for the information that must be included in a record for particular animal authorities for macropods.\n- (b) otherwise—the relevant record particulars for the record.\n- 1 See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 for the information that must be included in a record for a harvesting licence for estuarine crocodile eggs.\n- 2 See the Nature Conservation (Macropod) Conservation Plan 2017 for the information that must be included in a record for particular animal authorities for macropods.","sortOrder":536},{"sectionNumber":"sec.347","sectionType":"section","heading":"When information must be included","content":"### sec.347 When information must be included\n\nA person who is required to keep a record must ensure the information mentioned in section 346 is included in the record on—\nfor information mentioned in section 346 (a) —the day stated in the conservation plan; or\nfor a relevant record particular for the record—\nif a conservation plan states the day the information must be included—the stated day; or\nif a provision of this regulation states the period within which the information must be included—the stated period; or\notherwise—within 72 hours after the event to which the record relates happens.\nMaximum penalty—120 penalty units.\nSee the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 for when information must be included in a record for a harvesting licence for estuarine crocodile eggs.\nSee the Nature Conservation (Macropod) Conservation Plan 2017 for when information must be included in a record for particular animal authorities for macropods.\n- (a) for information mentioned in section 346 (a) —the day stated in the conservation plan; or\n- (b) for a relevant record particular for the record— (i) if a conservation plan states the day the information must be included—the stated day; or (ii) if a provision of this regulation states the period within which the information must be included—the stated period; or (iii) otherwise—within 72 hours after the event to which the record relates happens.\n- (i) if a conservation plan states the day the information must be included—the stated day; or\n- (ii) if a provision of this regulation states the period within which the information must be included—the stated period; or\n- (iii) otherwise—within 72 hours after the event to which the record relates happens.\n- (i) if a conservation plan states the day the information must be included—the stated day; or\n- (ii) if a provision of this regulation states the period within which the information must be included—the stated period; or\n- (iii) otherwise—within 72 hours after the event to which the record relates happens.\n- 1 See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 for when information must be included in a record for a harvesting licence for estuarine crocodile eggs.\n- 2 See the Nature Conservation (Macropod) Conservation Plan 2017 for when information must be included in a record for particular animal authorities for macropods.","sortOrder":537},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Returns of operations","content":"# Returns of operations","sortOrder":538},{"sectionNumber":"sec.348","sectionType":"section","heading":"Giving of return of operations","content":"### sec.348 Giving of return of operations\n\nA person required to give a return of operations for an animal authority must, unless the person has a reasonable excuse, ensure a return of operations is given, in the approved form, to the chief executive—\nfor each prescribed period for the authority; and\nwithin 10 business days after each prescribed period for the authority ends.\nMaximum penalty—120 penalty units.\nSubsection (1) applies even if no relevant event for the return of operations happened during the prescribed period.\nHowever, subsection (1) does not apply if a provision of a conservation plan—\nstates when a return of operations must be given for an animal authority and the period for which it must be given; and\nprovides for an offence applying to a person contravening the provision.\nSee the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 for when a return of operations for a harvesting licence for estuarine crocodile eggs must be given and the period for which it must be given.\nSee the Nature Conservation (Macropod) Conservation Plan 2017 for when a return of operations for particular animal authorities for macropods must be given and the period for which it must be given.\nA return of operations given to the chief executive under this regulation is the property of the State.\nIn this section—\nprescribed period means—\nfor a standard licence—each period of 1 year starting after the licence is granted or automatically issued; or\nfor a specialised licence or an advanced licence—each period of 3 months starting after the licence is granted or automatically issued; or\nfor a dealer licence, a farming licence, an educational purposes permit or a research permit—\neach period of 1 year starting after the licence or permit is granted; or\nif the licence or permit ends within a year mentioned in subparagraph (i) —the period starting on the day the year started and ending on the day the licence or permit ends; or\nfor a harvesting licence, a damage mitigation permit, a flying-fox roost management permit or a least concern animal collection authority—\neach period of 3 months starting after the licence, permit or authority is granted; or\nif the licence, permit or authority ends within a 3-month period mentioned in subparagraph (i) —the period starting on the day the 3-month period started and ending on the day the licence, permit or authority ends; or\nfor a permit to keep—\nif the holder of the permit is required to keep a record for the permit—\neach period of 1 year starting after the permit is granted; and\nif the permit ends within a year mentioned in sub-subparagraph (A)—the period starting on the day the year started and ending on the day the permit ends; or\notherwise—each day an animal kept under the permit dies or escapes.\nrelevant event , for a return of operations, means an event the particulars of which must be included in the return.\ns 348 amd 2025 SL No. 125 s 34 s ch 1 pt 1\n(sec.348-ssec.1) A person required to give a return of operations for an animal authority must, unless the person has a reasonable excuse, ensure a return of operations is given, in the approved form, to the chief executive— for each prescribed period for the authority; and within 10 business days after each prescribed period for the authority ends. Maximum penalty—120 penalty units.\n(sec.348-ssec.2) Subsection (1) applies even if no relevant event for the return of operations happened during the prescribed period.\n(sec.348-ssec.3) However, subsection (1) does not apply if a provision of a conservation plan— states when a return of operations must be given for an animal authority and the period for which it must be given; and provides for an offence applying to a person contravening the provision. See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 for when a return of operations for a harvesting licence for estuarine crocodile eggs must be given and the period for which it must be given. See the Nature Conservation (Macropod) Conservation Plan 2017 for when a return of operations for particular animal authorities for macropods must be given and the period for which it must be given.\n(sec.348-ssec.4) A return of operations given to the chief executive under this regulation is the property of the State.\n(sec.348-ssec.5) In this section— prescribed period means— for a standard licence—each period of 1 year starting after the licence is granted or automatically issued; or for a specialised licence or an advanced licence—each period of 3 months starting after the licence is granted or automatically issued; or for a dealer licence, a farming licence, an educational purposes permit or a research permit— each period of 1 year starting after the licence or permit is granted; or if the licence or permit ends within a year mentioned in subparagraph (i) —the period starting on the day the year started and ending on the day the licence or permit ends; or for a harvesting licence, a damage mitigation permit, a flying-fox roost management permit or a least concern animal collection authority— each period of 3 months starting after the licence, permit or authority is granted; or if the licence, permit or authority ends within a 3-month period mentioned in subparagraph (i) —the period starting on the day the 3-month period started and ending on the day the licence, permit or authority ends; or for a permit to keep— if the holder of the permit is required to keep a record for the permit— each period of 1 year starting after the permit is granted; and if the permit ends within a year mentioned in sub-subparagraph (A)—the period starting on the day the year started and ending on the day the permit ends; or otherwise—each day an animal kept under the permit dies or escapes. relevant event , for a return of operations, means an event the particulars of which must be included in the return.\n- (a) for each prescribed period for the authority; and\n- (b) within 10 business days after each prescribed period for the authority ends.\n- (a) states when a return of operations must be given for an animal authority and the period for which it must be given; and\n- (b) provides for an offence applying to a person contravening the provision.\n- 1 See the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 for when a return of operations for a harvesting licence for estuarine crocodile eggs must be given and the period for which it must be given.\n- 2 See the Nature Conservation (Macropod) Conservation Plan 2017 for when a return of operations for particular animal authorities for macropods must be given and the period for which it must be given.\n- (a) for a standard licence—each period of 1 year starting after the licence is granted or automatically issued; or\n- (b) for a specialised licence or an advanced licence—each period of 3 months starting after the licence is granted or automatically issued; or\n- (c) for a dealer licence, a farming licence, an educational purposes permit or a research permit— (i) each period of 1 year starting after the licence or permit is granted; or (ii) if the licence or permit ends within a year mentioned in subparagraph (i) —the period starting on the day the year started and ending on the day the licence or permit ends; or\n- (i) each period of 1 year starting after the licence or permit is granted; or\n- (ii) if the licence or permit ends within a year mentioned in subparagraph (i) —the period starting on the day the year started and ending on the day the licence or permit ends; or\n- (d) for a harvesting licence, a damage mitigation permit, a flying-fox roost management permit or a least concern animal collection authority— (i) each period of 3 months starting after the licence, permit or authority is granted; or (ii) if the licence, permit or authority ends within a 3-month period mentioned in subparagraph (i) —the period starting on the day the 3-month period started and ending on the day the licence, permit or authority ends; or\n- (i) each period of 3 months starting after the licence, permit or authority is granted; or\n- (ii) if the licence, permit or authority ends within a 3-month period mentioned in subparagraph (i) —the period starting on the day the 3-month period started and ending on the day the licence, permit or authority ends; or\n- (e) for a permit to keep— (i) if the holder of the permit is required to keep a record for the permit— (A) each period of 1 year starting after the permit is granted; and (B) if the permit ends within a year mentioned in sub-subparagraph (A)—the period starting on the day the year started and ending on the day the permit ends; or (ii) otherwise—each day an animal kept under the permit dies or escapes.\n- (i) if the holder of the permit is required to keep a record for the permit— (A) each period of 1 year starting after the permit is granted; and (B) if the permit ends within a year mentioned in sub-subparagraph (A)—the period starting on the day the year started and ending on the day the permit ends; or\n- (A) each period of 1 year starting after the permit is granted; and\n- (B) if the permit ends within a year mentioned in sub-subparagraph (A)—the period starting on the day the year started and ending on the day the permit ends; or\n- (ii) otherwise—each day an animal kept under the permit dies or escapes.\n- (i) each period of 1 year starting after the licence or permit is granted; or\n- (ii) if the licence or permit ends within a year mentioned in subparagraph (i) —the period starting on the day the year started and ending on the day the licence or permit ends; or\n- (i) each period of 3 months starting after the licence, permit or authority is granted; or\n- (ii) if the licence, permit or authority ends within a 3-month period mentioned in subparagraph (i) —the period starting on the day the 3-month period started and ending on the day the licence, permit or authority ends; or\n- (i) if the holder of the permit is required to keep a record for the permit— (A) each period of 1 year starting after the permit is granted; and (B) if the permit ends within a year mentioned in sub-subparagraph (A)—the period starting on the day the year started and ending on the day the permit ends; or\n- (A) each period of 1 year starting after the permit is granted; and\n- (B) if the permit ends within a year mentioned in sub-subparagraph (A)—the period starting on the day the year started and ending on the day the permit ends; or\n- (ii) otherwise—each day an animal kept under the permit dies or escapes.\n- (A) each period of 1 year starting after the permit is granted; and\n- (B) if the permit ends within a year mentioned in sub-subparagraph (A)—the period starting on the day the year started and ending on the day the permit ends; or","sortOrder":539},{"sectionNumber":"sec.349","sectionType":"section","heading":"Way and how long return of operations must be kept","content":"### sec.349 Way and how long return of operations must be kept\n\nA person required to give a return of operations for an animal authority must, unless the person has a reasonable excuse, keep a copy of the return in a secure way at—\nthe licensed premises for the authority; or\nthe place of business of the holder of the authority.\nMaximum penalty—120 penalty units.\nThe person must—\nkeep the copy for the required period for the return of operations; and\nif asked by a conservation officer, produce the copy for inspection by the officer, unless the person has a reasonable excuse.\nMaximum penalty—120 penalty units.\n(sec.349-ssec.1) A person required to give a return of operations for an animal authority must, unless the person has a reasonable excuse, keep a copy of the return in a secure way at— the licensed premises for the authority; or the place of business of the holder of the authority. Maximum penalty—120 penalty units.\n(sec.349-ssec.2) The person must— keep the copy for the required period for the return of operations; and if asked by a conservation officer, produce the copy for inspection by the officer, unless the person has a reasonable excuse. Maximum penalty—120 penalty units.\n- (a) the licensed premises for the authority; or\n- (b) the place of business of the holder of the authority.\n- (a) keep the copy for the required period for the return of operations; and\n- (b) if asked by a conservation officer, produce the copy for inspection by the officer, unless the person has a reasonable excuse.","sortOrder":540},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":"Approved tags","content":"# Approved tags","sortOrder":541},{"sectionNumber":"ch.8-pt.5-div.1","sectionType":"division","heading":"Supply and approval of tags","content":"## Supply and approval of tags","sortOrder":542},{"sectionNumber":"sec.350","sectionType":"section","heading":"Chief executive may supply or approve tags for use","content":"### sec.350 Chief executive may supply or approve tags for use\n\nThe chief executive may, upon payment of the prescribed fee, supply a tag to a person for use under the Act .\nAlso, the chief executive may approve a tag for use by a person under the Act if—\nthe person makes an application for approval of the tag to the chief executive; and\nthe application is accompanied by the prescribed fee for the application.\nWithout limiting subsections (1) and (2) , a tag may be supplied or approved—\nto attach to an animal to allow the animal to be identified; or\nto attach to an animal that is a processed product before or after the tag is attached.\nThe chief executive must give the person a notice stating the species of animal for which the tag is supplied or approved.\nA tag supplied or approved by the chief executive under this section is an approved tag .\n(sec.350-ssec.1) The chief executive may, upon payment of the prescribed fee, supply a tag to a person for use under the Act .\n(sec.350-ssec.2) Also, the chief executive may approve a tag for use by a person under the Act if— the person makes an application for approval of the tag to the chief executive; and the application is accompanied by the prescribed fee for the application.\n(sec.350-ssec.3) Without limiting subsections (1) and (2) , a tag may be supplied or approved— to attach to an animal to allow the animal to be identified; or to attach to an animal that is a processed product before or after the tag is attached.\n(sec.350-ssec.4) The chief executive must give the person a notice stating the species of animal for which the tag is supplied or approved.\n(sec.350-ssec.5) A tag supplied or approved by the chief executive under this section is an approved tag .\n- (a) the person makes an application for approval of the tag to the chief executive; and\n- (b) the application is accompanied by the prescribed fee for the application.\n- (a) to attach to an animal to allow the animal to be identified; or\n- (b) to attach to an animal that is a processed product before or after the tag is attached.","sortOrder":543},{"sectionNumber":"sec.351","sectionType":"section","heading":"Nature of approved tags supplied by chief executive","content":"### sec.351 Nature of approved tags supplied by chief executive\n\nAn approved tag supplied to a person by the chief executive is the property of the State.\nAn approved tag is only transferable to the extent the chief executive has given a written approval for the transfer of the tag.\nHowever, subsection (2) is subject to a provision of a conservation plan that provides that a tag supplied for an animal to which the conservation plan applies must not be transferred in any circumstances.\n(sec.351-ssec.1) An approved tag supplied to a person by the chief executive is the property of the State.\n(sec.351-ssec.2) An approved tag is only transferable to the extent the chief executive has given a written approval for the transfer of the tag.\n(sec.351-ssec.3) However, subsection (2) is subject to a provision of a conservation plan that provides that a tag supplied for an animal to which the conservation plan applies must not be transferred in any circumstances.","sortOrder":544},{"sectionNumber":"ch.8-pt.5-div.2","sectionType":"division","heading":"Use of approved tags","content":"## Use of approved tags","sortOrder":545},{"sectionNumber":"sec.352","sectionType":"section","heading":"Using approved tags generally","content":"### sec.352 Using approved tags generally\n\nA person must not, unless the person has a reasonable excuse, attach an approved tag to an animal of a species other than the species for which the tag is supplied or approved.\nMaximum penalty—165 penalty units.\nA person must not attach an approved tag to an animal if the tag has previously been attached to another animal.\nMaximum penalty—165 penalty units.\n(sec.352-ssec.1) A person must not, unless the person has a reasonable excuse, attach an approved tag to an animal of a species other than the species for which the tag is supplied or approved. Maximum penalty—165 penalty units.\n(sec.352-ssec.2) A person must not attach an approved tag to an animal if the tag has previously been attached to another animal. Maximum penalty—165 penalty units.","sortOrder":546},{"sectionNumber":"sec.353","sectionType":"section","heading":"Approved tags not to be used by unauthorised person","content":"### sec.353 Approved tags not to be used by unauthorised person\n\nA person, other than a tag-authorised person, must not, unless the person has a reasonable excuse—\npossess an approved tag without the chief executive’s written approval; or\nattach an approved tag to an animal without the chief executive’s written approval.\nMaximum penalty—165 penalty units.\nThis section is subject to a provision of a conservation plan that provides for the persons who may attach a tag to an animal to which the plan relates.\nFor requirements relating to the possession of tags for macropods, see the Nature Conservation (Macropod) Conservation Plan 2017 , part 4 , division 3 .\nIn this section—\ntag-authorised person means any of the following persons—\na conservation officer in relation to any approved tag;\nthe person to whom an approved tag was supplied or for whom a tag was approved;\na person otherwise approved by the chief executive to possess or attach an approved tag.\ns 353 amd 2025 SL No. 42 s 27\n(sec.353-ssec.1) A person, other than a tag-authorised person, must not, unless the person has a reasonable excuse— possess an approved tag without the chief executive’s written approval; or attach an approved tag to an animal without the chief executive’s written approval. Maximum penalty—165 penalty units.\n(sec.353-ssec.2) This section is subject to a provision of a conservation plan that provides for the persons who may attach a tag to an animal to which the plan relates. For requirements relating to the possession of tags for macropods, see the Nature Conservation (Macropod) Conservation Plan 2017 , part 4 , division 3 .\n(sec.353-ssec.3) In this section— tag-authorised person means any of the following persons— a conservation officer in relation to any approved tag; the person to whom an approved tag was supplied or for whom a tag was approved; a person otherwise approved by the chief executive to possess or attach an approved tag.\n- (a) possess an approved tag without the chief executive’s written approval; or\n- (b) attach an approved tag to an animal without the chief executive’s written approval.\n- (a) a conservation officer in relation to any approved tag;\n- (b) the person to whom an approved tag was supplied or for whom a tag was approved;\n- (c) a person otherwise approved by the chief executive to possess or attach an approved tag.","sortOrder":547},{"sectionNumber":"sec.354","sectionType":"section","heading":"Tampering with approved tags","content":"### sec.354 Tampering with approved tags\n\nA person must not, unless the person has a reasonable excuse, tamper with an approved tag attached to an animal.\nMaximum penalty—80 penalty units.\nSubsection (1) does not apply if the tampering by the person is approved in writing by the chief executive.\nAlso, subsection (1) does not apply to a person who removes an approved tag from an animal if this regulation or a conservation plan provides that the person may remove the tag from the animal.\nFor the holder of a harvesting licence removing tags from animals, see section 134 .\nFor provisions about removing tags from macropods, see the Nature Conservation (Macropod) Conservation Plan 2017 , part 4 , division 2 .\nIn this section—\ntamper , with a tag, means—\nremove or damage the tag; or\ncover or modify the writing on the tag.\n(sec.354-ssec.1) A person must not, unless the person has a reasonable excuse, tamper with an approved tag attached to an animal. Maximum penalty—80 penalty units.\n(sec.354-ssec.2) Subsection (1) does not apply if the tampering by the person is approved in writing by the chief executive.\n(sec.354-ssec.3) Also, subsection (1) does not apply to a person who removes an approved tag from an animal if this regulation or a conservation plan provides that the person may remove the tag from the animal. For the holder of a harvesting licence removing tags from animals, see section 134 . For provisions about removing tags from macropods, see the Nature Conservation (Macropod) Conservation Plan 2017 , part 4 , division 2 .\n(sec.354-ssec.4) In this section— tamper , with a tag, means— remove or damage the tag; or cover or modify the writing on the tag.\n- 1 For the holder of a harvesting licence removing tags from animals, see section 134 .\n- 2 For provisions about removing tags from macropods, see the Nature Conservation (Macropod) Conservation Plan 2017 , part 4 , division 2 .\n- (a) remove or damage the tag; or\n- (b) cover or modify the writing on the tag.","sortOrder":548},{"sectionNumber":"sec.355","sectionType":"section","heading":"Recall of approved tags supplied by chief executive","content":"### sec.355 Recall of approved tags supplied by chief executive\n\nThe chief executive may give a person a notice directing the person to return an approved tag supplied by the chief executive.\nThe notice must state—\nthe place where the tag must be returned; and\nthe date and time by which the tag must be returned.\nThe person must, unless the person has a reasonable excuse, comply with the notice.\nMaximum penalty for subsection (3) —50 penalty units.\n(sec.355-ssec.1) The chief executive may give a person a notice directing the person to return an approved tag supplied by the chief executive.\n(sec.355-ssec.2) The notice must state— the place where the tag must be returned; and the date and time by which the tag must be returned.\n(sec.355-ssec.3) The person must, unless the person has a reasonable excuse, comply with the notice. Maximum penalty for subsection (3) —50 penalty units.\n- (a) the place where the tag must be returned; and\n- (b) the date and time by which the tag must be returned.","sortOrder":549},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Fees payable","content":"# Fees payable","sortOrder":550},{"sectionNumber":"sec.356","sectionType":"section","heading":"Application of chapter","content":"### sec.356 Application of chapter\n\nThis chapter provides for fees payable under the Act in relation to an animal.\nHowever, this chapter does not apply to a conservation value.\n(sec.356-ssec.1) This chapter provides for fees payable under the Act in relation to an animal.\n(sec.356-ssec.2) However, this chapter does not apply to a conservation value.","sortOrder":551},{"sectionNumber":"sec.357","sectionType":"section","heading":"Fees generally","content":"### sec.357 Fees generally\n\nThe fees are stated in schedule 6 .","sortOrder":552},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Exemptions","content":"# Exemptions","sortOrder":553},{"sectionNumber":"sec.358","sectionType":"section","heading":"Exemption for harvesting licence for racing lizards","content":"### sec.358 Exemption for harvesting licence for racing lizards\n\nNo fee is payable for the grant of a harvesting licence for a racing lizard if—\nthe licence is granted to the secretary of the committee of the Cunnamulla–Eulo Festival of Opals; and\nthe lizard is to be used for racing at the festival.\n- (a) the licence is granted to the secretary of the committee of the Cunnamulla–Eulo Festival of Opals; and\n- (b) the lizard is to be used for racing at the festival.","sortOrder":554},{"sectionNumber":"sec.359","sectionType":"section","heading":"Exemption for approved tags for racing lizards","content":"### sec.359 Exemption for approved tags for racing lizards\n\nNo fee is payable for an approved tag supplied to the secretary of the committee of the Cunnamulla–Eulo Festival of Opals for attaching to a racing lizard while the lizard is being used for racing at the festival.","sortOrder":555},{"sectionNumber":"sec.360","sectionType":"section","heading":"Exemption for particular farming licences","content":"### sec.360 Exemption for particular farming licences\n\nNo fee is payable for the grant of a farming licence for an animal if—\nthe licence is granted to a research institution or educational institution; and\nthe animal is to be used for scientific research or educational purposes related to wildlife farming.\n- (a) the licence is granted to a research institution or educational institution; and\n- (b) the animal is to be used for scientific research or educational purposes related to wildlife farming.","sortOrder":556},{"sectionNumber":"sec.361","sectionType":"section","heading":"Exemption for particular permits to keep","content":"### sec.361 Exemption for particular permits to keep\n\nNo fee is payable for the grant of a permit to keep if the permit is granted for the life of an animal.","sortOrder":557},{"sectionNumber":"sec.362","sectionType":"section","heading":"Exemption for dead animal collection authority","content":"### sec.362 Exemption for dead animal collection authority\n\nNo fee is payable for the grant of a dead animal collection authority if the authority is granted to 1 of the following entities, or a person on behalf of 1 of the following entities—\na non-profit organisation that is an incorporated association;\nan educational institution.\n- (a) a non-profit organisation that is an incorporated association;\n- (b) an educational institution.","sortOrder":558},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Recovery of fees","content":"# Recovery of fees","sortOrder":559},{"sectionNumber":"sec.363","sectionType":"section","heading":"Proceedings for recovery","content":"### sec.363 Proceedings for recovery\n\nThis section applies in relation to a person who has not paid a fee.\nA proceeding may be started against the person, for the recovery of the fee, or part of the fee, whether or not—\na prosecution has been started against the person for an offence relating to the failure to pay the fee; or\nthe person has been convicted of an offence relating to the failure to pay the fee.\n(sec.363-ssec.1) This section applies in relation to a person who has not paid a fee.\n(sec.363-ssec.2) A proceeding may be started against the person, for the recovery of the fee, or part of the fee, whether or not— a prosecution has been started against the person for an offence relating to the failure to pay the fee; or the person has been convicted of an offence relating to the failure to pay the fee.\n- (a) a prosecution has been started against the person for an offence relating to the failure to pay the fee; or\n- (b) the person has been convicted of an offence relating to the failure to pay the fee.","sortOrder":560},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Refund of fees","content":"# Refund of fees","sortOrder":561},{"sectionNumber":"sec.364","sectionType":"section","heading":"Refund of fees in particular circumstances","content":"### sec.364 Refund of fees in particular circumstances\n\nThis section applies if an animal authority has been—\namended to the extent that the fee paid for the authority before the authority was amended is higher than the fee that would be payable for the authority in the authority’s amended form; or\nsuspended or cancelled for a ground mentioned in section 274 (f) ; or\nsurrendered under section 280 .\nThe chief executive may refund all or part of a fee paid for the authority if the chief executive considers the refund is appropriate, having regard to—\nthe nature of the amendment, suspension, cancellation or surrender; and\nany other relevant matter.\nThe chief executive may refund the fee in the way the chief executive considers appropriate.\nby giving the person a cheque for the amount refunded\nby deducting the amount refunded from another fee payable by the person\n(sec.364-ssec.1) This section applies if an animal authority has been— amended to the extent that the fee paid for the authority before the authority was amended is higher than the fee that would be payable for the authority in the authority’s amended form; or suspended or cancelled for a ground mentioned in section 274 (f) ; or surrendered under section 280 .\n(sec.364-ssec.2) The chief executive may refund all or part of a fee paid for the authority if the chief executive considers the refund is appropriate, having regard to— the nature of the amendment, suspension, cancellation or surrender; and any other relevant matter.\n(sec.364-ssec.3) The chief executive may refund the fee in the way the chief executive considers appropriate. by giving the person a cheque for the amount refunded by deducting the amount refunded from another fee payable by the person\n- (a) amended to the extent that the fee paid for the authority before the authority was amended is higher than the fee that would be payable for the authority in the authority’s amended form; or\n- (b) suspended or cancelled for a ground mentioned in section 274 (f) ; or\n- (c) surrendered under section 280 .\n- (a) the nature of the amendment, suspension, cancellation or surrender; and\n- (b) any other relevant matter.\n- • by giving the person a cheque for the amount refunded\n- • by deducting the amount refunded from another fee payable by the person","sortOrder":562},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Powers of conservation officers","content":"# Powers of conservation officers","sortOrder":563},{"sectionNumber":"sec.365","sectionType":"section","heading":"Powers of conservation officer in relation to kept animals— Act , s 154","content":"### sec.365 Powers of conservation officer in relation to kept animals— Act , s 154\n\nFor section 154 (1) (e) of the Act , the following powers are prescribed—\ntaking a biological sample from a live animal kept under an animal authority;\nchecking a biological sample of a live animal kept under an animal authority;\ninserting an electromagnetic implant into a live animal kept under an animal authority;\nidentifying the identification code for an electromagnetic implant inserted into a live animal kept under an animal authority.\ns 365 amd 2021 SL No. 36 s 20\n- (a) taking a biological sample from a live animal kept under an animal authority;\n- (b) checking a biological sample of a live animal kept under an animal authority;\n- (c) inserting an electromagnetic implant into a live animal kept under an animal authority;\n- (d) identifying the identification code for an electromagnetic implant inserted into a live animal kept under an animal authority.","sortOrder":564},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Sampling or implanting animals","content":"# Sampling or implanting animals","sortOrder":565},{"sectionNumber":"sec.366","sectionType":"section","heading":"Sampling or implanting animals","content":"### sec.366 Sampling or implanting animals\n\nThis section applies if—\nthe holder of an animal authority, or a relevant person for the holder, keeps a live authorised animal under the authority; or\nthe holder of an exhibited animal authority keeps a live protected, international or prohibited animal under the authority.\nThe chief executive may give the holder a notice requiring the holder to—\ntake a biological sample of the animal; and\ngive the sample to an approved scientific institution; and\npay the prescribed fee for storage of the sample at the institution.\nSee also sections 86 and 319 .\nAlso, the chief executive may give the holder a notice requiring the holder to—\nif the animal has not had an approved electromagnetic implant inserted—\ninsert an approved electromagnetic implant into the animal; and\ngive the chief executive a notice stating the identification code for the implant; or\nif the animal has had an electromagnetic implant inserted—give the chief executive a notice stating the identification code for the implant.\nSee also sections 86 and 319 .\nA notice mentioned in subsection (2) or (3) must state the period, of at least 28 days, within which the notice must be complied with.\ns 366 amd 2021 SL No. 36 s 21\n(sec.366-ssec.1) This section applies if— the holder of an animal authority, or a relevant person for the holder, keeps a live authorised animal under the authority; or the holder of an exhibited animal authority keeps a live protected, international or prohibited animal under the authority.\n(sec.366-ssec.2) The chief executive may give the holder a notice requiring the holder to— take a biological sample of the animal; and give the sample to an approved scientific institution; and pay the prescribed fee for storage of the sample at the institution. See also sections 86 and 319 .\n(sec.366-ssec.3) Also, the chief executive may give the holder a notice requiring the holder to— if the animal has not had an approved electromagnetic implant inserted— insert an approved electromagnetic implant into the animal; and give the chief executive a notice stating the identification code for the implant; or if the animal has had an electromagnetic implant inserted—give the chief executive a notice stating the identification code for the implant. See also sections 86 and 319 .\n(sec.366-ssec.4) A notice mentioned in subsection (2) or (3) must state the period, of at least 28 days, within which the notice must be complied with.\n- (a) the holder of an animal authority, or a relevant person for the holder, keeps a live authorised animal under the authority; or\n- (b) the holder of an exhibited animal authority keeps a live protected, international or prohibited animal under the authority.\n- (a) take a biological sample of the animal; and\n- (b) give the sample to an approved scientific institution; and\n- (c) pay the prescribed fee for storage of the sample at the institution.\n- (a) if the animal has not had an approved electromagnetic implant inserted— (i) insert an approved electromagnetic implant into the animal; and (ii) give the chief executive a notice stating the identification code for the implant; or\n- (i) insert an approved electromagnetic implant into the animal; and\n- (ii) give the chief executive a notice stating the identification code for the implant; or\n- (b) if the animal has had an electromagnetic implant inserted—give the chief executive a notice stating the identification code for the implant.\n- (i) insert an approved electromagnetic implant into the animal; and\n- (ii) give the chief executive a notice stating the identification code for the implant; or","sortOrder":566},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":"Processed products","content":"# Processed products","sortOrder":567},{"sectionNumber":"sec.367","sectionType":"section","heading":"Processed products— Act , schedule , definition protected animal","content":"### sec.367 Processed products— Act , schedule , definition protected animal\n\nFor the schedule of the Act , definition protected animal , paragraph (b) , the following products are declared to be processed products not included in the definition—\na product mentioned in schedule 5 to the extent mentioned in that schedule;\na product mentioned in paragraph (a) that is, or has been, unpacked;\na product made or derived from a product mentioned in paragraph (a) .\nSee also the Nature Conservation (Macropod) Conservation Plan 2017 , section 83 and schedule 1 prescribing processed products made or derived from macropods.\nHowever, subsection (1) does not include a natural product derived from a protected animal, other than a crocodile, if the animal—\nis included in the list of threatened species established and maintained under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , chapter 5 , part 13 , division 1 ; and\nis sold or given to a person other than the chief executive.\nIn this section—\nunpack , a product, does not include simply removing a mark, label, tag or other thing that has been directly placed on, or attached to, the product.\n(sec.367-ssec.1) For the schedule of the Act , definition protected animal , paragraph (b) , the following products are declared to be processed products not included in the definition— a product mentioned in schedule 5 to the extent mentioned in that schedule; a product mentioned in paragraph (a) that is, or has been, unpacked; a product made or derived from a product mentioned in paragraph (a) . See also the Nature Conservation (Macropod) Conservation Plan 2017 , section 83 and schedule 1 prescribing processed products made or derived from macropods.\n(sec.367-ssec.2) However, subsection (1) does not include a natural product derived from a protected animal, other than a crocodile, if the animal— is included in the list of threatened species established and maintained under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , chapter 5 , part 13 , division 1 ; and is sold or given to a person other than the chief executive.\n(sec.367-ssec.3) In this section— unpack , a product, does not include simply removing a mark, label, tag or other thing that has been directly placed on, or attached to, the product.\n- (a) a product mentioned in schedule 5 to the extent mentioned in that schedule;\n- (b) a product mentioned in paragraph (a) that is, or has been, unpacked;\n- (c) a product made or derived from a product mentioned in paragraph (a) .\n- (a) is included in the list of threatened species established and maintained under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , chapter 5 , part 13 , division 1 ; and\n- (b) is sold or given to a person other than the chief executive.","sortOrder":568},{"sectionNumber":"ch.10-pt.4","sectionType":"part","heading":"Urban flying-fox management area map","content":"# Urban flying-fox management area map","sortOrder":569},{"sectionNumber":"ch.10-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":570},{"sectionNumber":"sec.368","sectionType":"section","heading":"Definitions for part","content":"### sec.368 Definitions for part\n\nIn this part—\nlocal government includes a person acting under the authority of the local government.\nurban flying-fox management area means an area described and shown on the urban flying-fox management area map.\nurban flying-fox management area map means the electronic map made by the chief executive under section 369 and amended from time to time under division 3 .","sortOrder":571},{"sectionNumber":"ch.10-pt.4-div.2","sectionType":"division","heading":"Making, publishing and accessing map","content":"## Making, publishing and accessing map","sortOrder":572},{"sectionNumber":"sec.369","sectionType":"section","heading":"Making and keeping map","content":"### sec.369 Making and keeping map\n\nThe chief executive may make a map of the areas in which a local government may deal with a flying-fox roost under section 61 .\nThe chief executive must keep digital electronic information that allows the exact location of the boundaries shown on the map to be identified.\nThe chief executive must continue to keep the digital electronic information, including information about amendments under division 3 .\nThe information mentioned in subsections (2) and (3) is taken to form part of the map.\n(sec.369-ssec.1) The chief executive may make a map of the areas in which a local government may deal with a flying-fox roost under section 61 .\n(sec.369-ssec.2) The chief executive must keep digital electronic information that allows the exact location of the boundaries shown on the map to be identified.\n(sec.369-ssec.3) The chief executive must continue to keep the digital electronic information, including information about amendments under division 3 .\n(sec.369-ssec.4) The information mentioned in subsections (2) and (3) is taken to form part of the map.","sortOrder":573},{"sectionNumber":"sec.370","sectionType":"section","heading":"Public access to map","content":"### sec.370 Public access to map\n\nThe chief executive must—\nkeep the urban flying-fox management area map published on the department’s website; and\nmake the map available for inspection during office hours on business days, free of charge, by members of the public at the department’s head office and each regional office of the department; and\npermit anyone to take extracts from the map, free of charge, from the department’s website, head office or regional office.\n- (a) keep the urban flying-fox management area map published on the department’s website; and\n- (b) make the map available for inspection during office hours on business days, free of charge, by members of the public at the department’s head office and each regional office of the department; and\n- (c) permit anyone to take extracts from the map, free of charge, from the department’s website, head office or regional office.","sortOrder":574},{"sectionNumber":"ch.10-pt.4-div.3","sectionType":"division","heading":"Amending the map","content":"## Amending the map","sortOrder":575},{"sectionNumber":"sec.371","sectionType":"section","heading":"Amending map on application by local government","content":"### sec.371 Amending map on application by local government\n\nA local government may apply to the chief executive to amend the urban flying-fox management area map to include an area zoned for use for residential or commercial purposes under a local government’s planning scheme.\nThe application must be supported by enough information to enable the application to be decided.\nThe chief executive may give a local government a notice stating that the chief executive intends to consider an application made by the local government under subsection (1) only during a stated period each year.\nThe chief executive must consider the application, having regard to the impact of the proposed amendment on—\nthe conservation of flying-foxes; and\nhuman health or wellbeing.\nThe chief executive may decide—\nto amend the map in the way stated in the application; or\nto amend the map in another way decided by the chief executive; or\nto refuse the application.\nIf the chief executive decides to amend the map, the chief executive must—\ngive the local government notice of the amendment at least 7 days before the day the map is amended; and\npublish a notice, stating the nature of the amendment, on the department’s website on the day the amendment is made.\nIf the chief executive refuses the application, the chief executive must—\ngive the local government notice of the chief executive’s decision and reason for the decision; and\npublish a notice, stating the chief executive’s decision and the reason for the decision on the department’s website.\n(sec.371-ssec.1) A local government may apply to the chief executive to amend the urban flying-fox management area map to include an area zoned for use for residential or commercial purposes under a local government’s planning scheme.\n(sec.371-ssec.2) The application must be supported by enough information to enable the application to be decided.\n(sec.371-ssec.3) The chief executive may give a local government a notice stating that the chief executive intends to consider an application made by the local government under subsection (1) only during a stated period each year.\n(sec.371-ssec.4) The chief executive must consider the application, having regard to the impact of the proposed amendment on— the conservation of flying-foxes; and human health or wellbeing.\n(sec.371-ssec.5) The chief executive may decide— to amend the map in the way stated in the application; or to amend the map in another way decided by the chief executive; or to refuse the application.\n(sec.371-ssec.6) If the chief executive decides to amend the map, the chief executive must— give the local government notice of the amendment at least 7 days before the day the map is amended; and publish a notice, stating the nature of the amendment, on the department’s website on the day the amendment is made.\n(sec.371-ssec.7) If the chief executive refuses the application, the chief executive must— give the local government notice of the chief executive’s decision and reason for the decision; and publish a notice, stating the chief executive’s decision and the reason for the decision on the department’s website.\n- (a) the conservation of flying-foxes; and\n- (b) human health or wellbeing.\n- (a) to amend the map in the way stated in the application; or\n- (b) to amend the map in another way decided by the chief executive; or\n- (c) to refuse the application.\n- (a) give the local government notice of the amendment at least 7 days before the day the map is amended; and\n- (b) publish a notice, stating the nature of the amendment, on the department’s website on the day the amendment is made.\n- (a) give the local government notice of the chief executive’s decision and reason for the decision; and\n- (b) publish a notice, stating the chief executive’s decision and the reason for the decision on the department’s website.","sortOrder":576},{"sectionNumber":"sec.372","sectionType":"section","heading":"Amending map in other circumstances","content":"### sec.372 Amending map in other circumstances\n\nThe chief executive may, on the chief executive’s own initiative, amend the urban flying-fox management area map—\nto include an area if the chief executive believes flying-foxes are impacting on human health or wellbeing in the area; or\nto remove an urban flying-fox management area if the chief executive believes—\nthe local government for the area has contravened the flying-fox roost management code or the flying-fox roost low impact activities code; or\nthe conservation of flying-foxes can not reasonably be achieved by allowing action authorised under section 61 to happen in the area.\nThe destruction of flying-fox roosts, when combined with a heatwave in the local government area, would adversely affect the survival of flying-foxes in the area.\nThe chief executive must—\ngive the local government for the affected urban flying-fox management area notice of the amendment at least 2 days before the day the map is amended; and\npublish a notice, stating the nature of the amendment, on the department’s website on the day the amendment is made.\nA notice under subsection (2) must state—\nthe period (the effective period ), of not more than 3 months, during which the amendment is in effect after it takes effect; and\nthe reason for the amendment.\nIf an urban flying-fox management area is removed from the urban flying-fox management area map under subsection (1) (b) , the chief executive must, before the end of the effective period for the removal—\nask the local government for the area for any information relevant to the removal; and\nconsider any information given to the chief executive by the local government under paragraph (a) ; and\ndecide—\nto amend the map to reinstate the area, or part of the area; or\nnot to amend the map.\nThe chief executive must—\ngive the local government notice of the chief executive’s decision under subsection (4) (c) ; and\npublish a notice stating the chief executive’s decision on the department’s website.\nA notice under subsection (5) must state—\nthe reason for the chief executive’s decision; and\nif the chief executive decides not to amend the map—the day the decision takes effect.\nIf the chief executive decides to amend the map under subsection (4) (c) (i) , the chief executive may amend the map in the way decided by the chief executive.\nThe chief executive must publish a notice, stating the nature of the amendment, on the department’s website on the day the amendment is made.\n(sec.372-ssec.1) The chief executive may, on the chief executive’s own initiative, amend the urban flying-fox management area map— to include an area if the chief executive believes flying-foxes are impacting on human health or wellbeing in the area; or to remove an urban flying-fox management area if the chief executive believes— the local government for the area has contravened the flying-fox roost management code or the flying-fox roost low impact activities code; or the conservation of flying-foxes can not reasonably be achieved by allowing action authorised under section 61 to happen in the area. The destruction of flying-fox roosts, when combined with a heatwave in the local government area, would adversely affect the survival of flying-foxes in the area.\n(sec.372-ssec.2) The chief executive must— give the local government for the affected urban flying-fox management area notice of the amendment at least 2 days before the day the map is amended; and publish a notice, stating the nature of the amendment, on the department’s website on the day the amendment is made.\n(sec.372-ssec.3) A notice under subsection (2) must state— the period (the effective period ), of not more than 3 months, during which the amendment is in effect after it takes effect; and the reason for the amendment.\n(sec.372-ssec.4) If an urban flying-fox management area is removed from the urban flying-fox management area map under subsection (1) (b) , the chief executive must, before the end of the effective period for the removal— ask the local government for the area for any information relevant to the removal; and consider any information given to the chief executive by the local government under paragraph (a) ; and decide— to amend the map to reinstate the area, or part of the area; or not to amend the map.\n(sec.372-ssec.5) The chief executive must— give the local government notice of the chief executive’s decision under subsection (4) (c) ; and publish a notice stating the chief executive’s decision on the department’s website.\n(sec.372-ssec.6) A notice under subsection (5) must state— the reason for the chief executive’s decision; and if the chief executive decides not to amend the map—the day the decision takes effect.\n(sec.372-ssec.7) If the chief executive decides to amend the map under subsection (4) (c) (i) , the chief executive may amend the map in the way decided by the chief executive.\n(sec.372-ssec.8) The chief executive must publish a notice, stating the nature of the amendment, on the department’s website on the day the amendment is made.\n- (a) to include an area if the chief executive believes flying-foxes are impacting on human health or wellbeing in the area; or\n- (b) to remove an urban flying-fox management area if the chief executive believes— (i) the local government for the area has contravened the flying-fox roost management code or the flying-fox roost low impact activities code; or (ii) the conservation of flying-foxes can not reasonably be achieved by allowing action authorised under section 61 to happen in the area. Example for subparagraph (ii) — The destruction of flying-fox roosts, when combined with a heatwave in the local government area, would adversely affect the survival of flying-foxes in the area.\n- (i) the local government for the area has contravened the flying-fox roost management code or the flying-fox roost low impact activities code; or\n- (ii) the conservation of flying-foxes can not reasonably be achieved by allowing action authorised under section 61 to happen in the area. Example for subparagraph (ii) — The destruction of flying-fox roosts, when combined with a heatwave in the local government area, would adversely affect the survival of flying-foxes in the area.\n- (i) the local government for the area has contravened the flying-fox roost management code or the flying-fox roost low impact activities code; or\n- (ii) the conservation of flying-foxes can not reasonably be achieved by allowing action authorised under section 61 to happen in the area. Example for subparagraph (ii) — The destruction of flying-fox roosts, when combined with a heatwave in the local government area, would adversely affect the survival of flying-foxes in the area.\n- (a) give the local government for the affected urban flying-fox management area notice of the amendment at least 2 days before the day the map is amended; and\n- (b) publish a notice, stating the nature of the amendment, on the department’s website on the day the amendment is made.\n- (a) the period (the effective period ), of not more than 3 months, during which the amendment is in effect after it takes effect; and\n- (b) the reason for the amendment.\n- (a) ask the local government for the area for any information relevant to the removal; and\n- (b) consider any information given to the chief executive by the local government under paragraph (a) ; and\n- (c) decide— (i) to amend the map to reinstate the area, or part of the area; or (ii) not to amend the map.\n- (i) to amend the map to reinstate the area, or part of the area; or\n- (ii) not to amend the map.\n- (i) to amend the map to reinstate the area, or part of the area; or\n- (ii) not to amend the map.\n- (a) give the local government notice of the chief executive’s decision under subsection (4) (c) ; and\n- (b) publish a notice stating the chief executive’s decision on the department’s website.\n- (a) the reason for the chief executive’s decision; and\n- (b) if the chief executive decides not to amend the map—the day the decision takes effect.","sortOrder":577},{"sectionNumber":"ch.10-pt.4-div.4","sectionType":"division","heading":"Map or amendment taking effect","content":"## Map or amendment taking effect","sortOrder":578},{"sectionNumber":"sec.373","sectionType":"section","heading":"When map or amendment takes effect","content":"### sec.373 When map or amendment takes effect\n\nThe urban flying-fox management area map takes effect when it is published on the department’s website.\nAn amendment of the urban flying-fox management area map takes effect on the day the chief executive publishes the notice for the amendment on the department’s website.\n(sec.373-ssec.1) The urban flying-fox management area map takes effect when it is published on the department’s website.\n(sec.373-ssec.2) An amendment of the urban flying-fox management area map takes effect on the day the chief executive publishes the notice for the amendment on the department’s website.","sortOrder":579},{"sectionNumber":"ch.10-pt.5","sectionType":"part","heading":"Supply of approved electromagnetic implants, sampling consumables and movement advices","content":"# Supply of approved electromagnetic implants, sampling consumables and movement advices","sortOrder":580},{"sectionNumber":"sec.374","sectionType":"section","heading":"Supply of approved electromagnetic implants and sampling consumables","content":"### sec.374 Supply of approved electromagnetic implants and sampling consumables\n\nThe chief executive may, on payment of the prescribed fee by a person, give an approved electromagnetic implant, or a sampling consumable, to the person for use under the Act .","sortOrder":581},{"sectionNumber":"sec.375","sectionType":"section","heading":"Supply of movement advices","content":"### sec.375 Supply of movement advices\n\nThe chief executive may, on payment of the prescribed fee by a person, give a hard copy of a movement advice to the person for use under the Act .\nAn electronic copy of a movement advice is available on the department’s website.\ns 375 amd 2021 SL No. 36 s 22","sortOrder":582},{"sectionNumber":"ch.10-pt.6","sectionType":"part","heading":"Authority management system","content":"# Authority management system","sortOrder":583},{"sectionNumber":"sec.376","sectionType":"section","heading":"Authorised persons assisting applicants with using authority management system","content":"### sec.376 Authorised persons assisting applicants with using authority management system\n\nAn application made using the authority management system is not invalid merely because—\nany information or documents required for the application are entered into the system by an authorised person with the consent of the applicant; or\nan authorised person completes the application on the system with the consent of the applicant.\ns 376 prev s 376 om 2022 Act No. 9 s 69 s ch 1 pt 2\npres s 376 ins 2025 SL No. 125 s 31\n- (a) any information or documents required for the application are entered into the system by an authorised person with the consent of the applicant; or\n- (b) an authorised person completes the application on the system with the consent of the applicant.","sortOrder":584},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":585},{"sectionNumber":"ch.11-pt.1-div.1","sectionType":"division","heading":null,"content":"","sortOrder":586},{"sectionNumber":"sec.377","sectionType":"section","heading":null,"content":"### Section sec.377\n\ns 377 om 2022 Act No. 21 s 30","sortOrder":587},{"sectionNumber":"ch.11-pt.1-div.2","sectionType":"division","heading":null,"content":"","sortOrder":588},{"sectionNumber":"sec.378","sectionType":"section","heading":null,"content":"### Section sec.378\n\ns 378 om 2022 Act No. 21 s 30","sortOrder":589},{"sectionNumber":"sec.379","sectionType":"section","heading":null,"content":"### Section sec.379\n\ns 379 om 2022 Act No. 21 s 30","sortOrder":590},{"sectionNumber":"sec.380","sectionType":"section","heading":null,"content":"### Section sec.380\n\ns 380 om 2022 Act No. 21 s 30","sortOrder":591},{"sectionNumber":"sec.381","sectionType":"section","heading":null,"content":"### Section sec.381\n\ns 381 om 2022 Act No. 21 s 30","sortOrder":592},{"sectionNumber":"ch.11-pt.1-div.3","sectionType":"division","heading":null,"content":"","sortOrder":593},{"sectionNumber":"sec.382","sectionType":"section","heading":null,"content":"### Section sec.382\n\ns 382 om 2022 Act No. 21 s 30","sortOrder":594},{"sectionNumber":"ch.11-pt.1-div.4","sectionType":"division","heading":null,"content":"","sortOrder":595},{"sectionNumber":"sec.383","sectionType":"section","heading":null,"content":"### Section sec.383\n\ns 383 om 2022 Act No. 21 s 30","sortOrder":596},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":597},{"sectionNumber":"ch.11-pt.2-div.1","sectionType":"division","heading":null,"content":"","sortOrder":598},{"sectionNumber":"sec.384","sectionType":"section","heading":null,"content":"### Section sec.384\n\ns 384 om 2022 Act No. 21 s 30","sortOrder":599},{"sectionNumber":"ch.11-pt.2-div.2","sectionType":"division","heading":null,"content":"","sortOrder":600},{"sectionNumber":"sec.385","sectionType":"section","heading":null,"content":"### Section sec.385\n\ns 385 om 2022 Act No. 21 s 30","sortOrder":601},{"sectionNumber":"ch.11-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":602},{"sectionNumber":"sec.386","sectionType":"section","heading":null,"content":"### Section sec.386\n\ns 386 om 2022 Act No. 21 s 30","sortOrder":603},{"sectionNumber":"sec.387","sectionType":"section","heading":null,"content":"### Section sec.387\n\ns 387 om 2022 Act No. 21 s 30","sortOrder":604},{"sectionNumber":"sec.388","sectionType":"section","heading":null,"content":"### Section sec.388\n\ns 388 om 2022 Act No. 21 s 30","sortOrder":605},{"sectionNumber":"sec.389","sectionType":"section","heading":null,"content":"### Section sec.389\n\ns 389 om 2022 Act No. 21 s 30","sortOrder":606},{"sectionNumber":"sec.390","sectionType":"section","heading":null,"content":"### Section sec.390\n\ns 390 om 2022 Act No. 21 s 30","sortOrder":607},{"sectionNumber":"sec.391","sectionType":"section","heading":null,"content":"### Section sec.391\n\ns 391 om 2022 Act No. 21 s 30","sortOrder":608},{"sectionNumber":"sec.392","sectionType":"section","heading":null,"content":"### Section sec.392\n\ns 392 om 2022 Act No. 21 s 30","sortOrder":609},{"sectionNumber":"sec.393","sectionType":"section","heading":null,"content":"### Section sec.393\n\ns 393 om 2022 Act No. 21 s 30","sortOrder":610},{"sectionNumber":"sec.394","sectionType":"section","heading":null,"content":"### Section sec.394\n\ns 394 om 2022 Act No. 21 s 30","sortOrder":611},{"sectionNumber":"sec.395","sectionType":"section","heading":null,"content":"### Section sec.395\n\ns 395 om 2022 Act No. 21 s 30","sortOrder":612},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":613},{"sectionNumber":"sec.396","sectionType":"section","heading":null,"content":"### Section sec.396\n\ns 396 om 2022 Act No. 21 s 30","sortOrder":614},{"sectionNumber":"ch.12-pt.1","sectionType":"part","heading":"Repeals","content":"# Repeals","sortOrder":615},{"sectionNumber":"sec.397","sectionType":"section","heading":"Repeals","content":"### sec.397 Repeals\n\nThe following regulations are repealed—\nNature Conservation (Administration) Regulation 2017 , SL No. 156\nNature Conservation (Wildlife Management) Regulation 2006 , SL No. 205\nNature Conservation (Wildlife) Regulation 2006 , SL No. 206.\n- • Nature Conservation (Administration) Regulation 2017 , SL No. 156\n- • Nature Conservation (Wildlife Management) Regulation 2006 , SL No. 205\n- • Nature Conservation (Wildlife) Regulation 2006 , SL No. 206.","sortOrder":616},{"sectionNumber":"ch.12-pt.2","sectionType":"part","heading":"Transitional provisions for SL No. 136 of 2020","content":"# Transitional provisions for SL No. 136 of 2020","sortOrder":617},{"sectionNumber":"ch.12-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":618},{"sectionNumber":"sec.398","sectionType":"section","heading":"Definitions for part","content":"### sec.398 Definitions for part\n\nIn this part—\ncorresponding animal authority , for a wildlife authority, see section 399 .\ncorresponding provision , for a repealed provision, means a provision of this regulation that provides for the same, or substantially the same, matter as the repealed provision.\nexisting wildlife authority see section 400 (1) .\nrepealed administration regulation means the repealed Nature Conservation (Administration) Regulation 2017 .\nrepealed management regulation means the repealed Nature Conservation (Wildlife Management) Regulation 2006 .\nrepealed provision means a provision of a repealed regulation as in force from time to time before the commencement.\nrepealed regulation means—\nthe repealed administration regulation; or\nthe repealed management regulation; or\nthe repealed wildlife regulation.\nrepealed wildlife regulation means the repealed Nature Conservation (Wildlife) Regulation 2006 .\ntransitioned authority see section 400 (7) .\nwildlife authority means a wildlife authority mentioned in the repealed administration regulation, section 11 , 12 or 13 .\n- (a) the repealed administration regulation; or\n- (b) the repealed management regulation; or\n- (c) the repealed wildlife regulation.","sortOrder":619},{"sectionNumber":"sec.399","sectionType":"section","heading":"Meaning of corresponding animal authority","content":"### sec.399 Meaning of corresponding animal authority\n\nA corresponding animal authority , for a wildlife authority stated in column 1 of the table below, is the animal authority stated in column 2 of the table opposite the wildlife authority.\nColumn 1\nColumn 2\nWildlife authority\nAnimal authority\ncommercial wildlife harvesting licence\nharvesting licence\ncommercial wildlife licence—\nif the licence was for a dead animal\ndealer licence\nif the licence was for a live animal\nadvanced licence\ncommercial wildlife licence (wildlife interaction)\ninteraction licence\nrecreational wildlife harvesting licence\nharvesting licence\nrecreational wildlife licence\nspecialised licence\nwildlife farming licence\nfarming licence\ndamage mitigation permit\ndamage mitigation permit\neducational purposes permit\neducational purposes permit\nflying-fox roost management permit\nflying-fox roost management permit\npermit to keep wildlife\npermit to keep\nrehabilitation permit\nrehabilitation permit\nscientific purposes permit\nresearch permit\nwildlife movement permit\nmovement permit\ncollection authority—\nif the authority was for taking or keeping a least concern animal\nleast concern animal collection authority\nif the authority was for keeping a collection of dead protected animals\ndead animal collection authority","sortOrder":620},{"sectionNumber":"ch.12-pt.2-div.2","sectionType":"division","heading":"Existing wildlife authorities for animals","content":"## Existing wildlife authorities for animals","sortOrder":621},{"sectionNumber":"sec.400","sectionType":"section","heading":"Existing wildlife authorities for animals continued","content":"### sec.400 Existing wildlife authorities for animals continued\n\nThis section applies in relation to a wildlife authority that was granted by the chief executive under a repealed provision and in effect immediately before the commencement (an existing wildlife authority ).\nFrom the commencement, the wildlife authority is taken to be the corresponding animal authority for the wildlife authority granted under the corresponding provision for the repealed provision.\nFrom the commencement, the person who was the holder of the wildlife authority immediately before the commencement is taken to be the holder of the corresponding animal authority.\nHowever, the corresponding animal authority is taken to have effect for authorising a person only to the same extent as the wildlife authority’s effect, immediately before commencement, under a repealed provision.\nIf a person was the holder of a recreational wildlife licence immediately before the commencement, and the licence did not state a limit on the number of animals of a particular species the person could have kept under the licence, the person—\nis taken to be the holder of a specialised licence; and\nmay keep any number of animals of the species under the specialised licence, despite sections 101(1), 109 and 251.\nIf a person was the holder of a recreational wildlife licence immediately before the commencement, and the person was authorised to keep no more than 100 animals of a particular species under the licence, the person—\nis taken to be the holder of a specialised licence; and\nmay keep no more than 100 animals of the species under the specialised licence, despite sections 101(1), 109 and 251.\nIf a person was the holder of a recreational wildlife licence immediately before the commencement, and the recreational wildlife licence was subject to a condition—\nthe person is taken to be the holder of a specialised licence; and\nthe specialised licence is taken to be subject to the condition.\nSubsection (4) applies even if the subsection limits or extends the person’s authorisation under another provision of this regulation or a conservation plan.\nIf, immediately before the commencement, the wildlife authority was subject to a condition or other restriction (however described), the corresponding animal authority is subject to the same condition or restriction.\nA wildlife authority continued in effect under this section as a corresponding animal authority is a transitioned authority .\nSubsections (4) to (6) do not prevent a transitioned authority being amended, surrendered or cancelled under this regulation.\n(sec.400-ssec.1) This section applies in relation to a wildlife authority that was granted by the chief executive under a repealed provision and in effect immediately before the commencement (an existing wildlife authority ).\n(sec.400-ssec.2) From the commencement, the wildlife authority is taken to be the corresponding animal authority for the wildlife authority granted under the corresponding provision for the repealed provision.\n(sec.400-ssec.3) From the commencement, the person who was the holder of the wildlife authority immediately before the commencement is taken to be the holder of the corresponding animal authority.\n(sec.400-ssec.4) However, the corresponding animal authority is taken to have effect for authorising a person only to the same extent as the wildlife authority’s effect, immediately before commencement, under a repealed provision. If a person was the holder of a recreational wildlife licence immediately before the commencement, and the licence did not state a limit on the number of animals of a particular species the person could have kept under the licence, the person— is taken to be the holder of a specialised licence; and may keep any number of animals of the species under the specialised licence, despite sections 101(1), 109 and 251. If a person was the holder of a recreational wildlife licence immediately before the commencement, and the person was authorised to keep no more than 100 animals of a particular species under the licence, the person— is taken to be the holder of a specialised licence; and may keep no more than 100 animals of the species under the specialised licence, despite sections 101(1), 109 and 251. If a person was the holder of a recreational wildlife licence immediately before the commencement, and the recreational wildlife licence was subject to a condition— the person is taken to be the holder of a specialised licence; and the specialised licence is taken to be subject to the condition.\n(sec.400-ssec.5) Subsection (4) applies even if the subsection limits or extends the person’s authorisation under another provision of this regulation or a conservation plan.\n(sec.400-ssec.6) If, immediately before the commencement, the wildlife authority was subject to a condition or other restriction (however described), the corresponding animal authority is subject to the same condition or restriction.\n(sec.400-ssec.7) A wildlife authority continued in effect under this section as a corresponding animal authority is a transitioned authority .\n(sec.400-ssec.8) Subsections (4) to (6) do not prevent a transitioned authority being amended, surrendered or cancelled under this regulation.\n- 1 If a person was the holder of a recreational wildlife licence immediately before the commencement, and the licence did not state a limit on the number of animals of a particular species the person could have kept under the licence, the person— (a) is taken to be the holder of a specialised licence; and (b) may keep any number of animals of the species under the specialised licence, despite sections 101(1), 109 and 251.\n- (a) is taken to be the holder of a specialised licence; and\n- (b) may keep any number of animals of the species under the specialised licence, despite sections 101(1), 109 and 251.\n- 2 If a person was the holder of a recreational wildlife licence immediately before the commencement, and the person was authorised to keep no more than 100 animals of a particular species under the licence, the person— (a) is taken to be the holder of a specialised licence; and (b) may keep no more than 100 animals of the species under the specialised licence, despite sections 101(1), 109 and 251.\n- (a) is taken to be the holder of a specialised licence; and\n- (b) may keep no more than 100 animals of the species under the specialised licence, despite sections 101(1), 109 and 251.\n- 3 If a person was the holder of a recreational wildlife licence immediately before the commencement, and the recreational wildlife licence was subject to a condition— (a) the person is taken to be the holder of a specialised licence; and (b) the specialised licence is taken to be subject to the condition.\n- (a) the person is taken to be the holder of a specialised licence; and\n- (b) the specialised licence is taken to be subject to the condition.\n- (a) is taken to be the holder of a specialised licence; and\n- (b) may keep any number of animals of the species under the specialised licence, despite sections 101(1), 109 and 251.\n- (a) is taken to be the holder of a specialised licence; and\n- (b) may keep no more than 100 animals of the species under the specialised licence, despite sections 101(1), 109 and 251.\n- (a) the person is taken to be the holder of a specialised licence; and\n- (b) the specialised licence is taken to be subject to the condition.","sortOrder":622},{"sectionNumber":"sec.401","sectionType":"section","heading":"Additional record keeping conditions for transitioned authorities","content":"### sec.401 Additional record keeping conditions for transitioned authorities\n\nThis section applies to a person required to keep a record for a transitioned authority, other than a person who keeps an online record for the transitioned authority.\nDespite section 400, it is an additional condition of each transitioned authority that the person must—\nif an animal is sold or given away under the authority—fill in a movement advice before the movement of the animal under the authority to the place where a person who bought, or is accepting or receiving, the animal intends to keep the animal; and\nif an animal is bought, or will be accepted or received, under the authority—fill in a movement advice before the movement of the animal under the authority from the place where the person, who sold or gave away the animal, kept the animal under the authority; and\nwithin 72 hours after the movement happens, include the movement advice in the record for the corresponding animal authority; and\nwithin 7 days after the movement happens, give the movement advice to the chief executive.\n(sec.401-ssec.1) This section applies to a person required to keep a record for a transitioned authority, other than a person who keeps an online record for the transitioned authority.\n(sec.401-ssec.2) Despite section 400, it is an additional condition of each transitioned authority that the person must— if an animal is sold or given away under the authority—fill in a movement advice before the movement of the animal under the authority to the place where a person who bought, or is accepting or receiving, the animal intends to keep the animal; and if an animal is bought, or will be accepted or received, under the authority—fill in a movement advice before the movement of the animal under the authority from the place where the person, who sold or gave away the animal, kept the animal under the authority; and within 72 hours after the movement happens, include the movement advice in the record for the corresponding animal authority; and within 7 days after the movement happens, give the movement advice to the chief executive.\n- (a) if an animal is sold or given away under the authority—fill in a movement advice before the movement of the animal under the authority to the place where a person who bought, or is accepting or receiving, the animal intends to keep the animal; and\n- (b) if an animal is bought, or will be accepted or received, under the authority—fill in a movement advice before the movement of the animal under the authority from the place where the person, who sold or gave away the animal, kept the animal under the authority; and\n- (c) within 72 hours after the movement happens, include the movement advice in the record for the corresponding animal authority; and\n- (d) within 7 days after the movement happens, give the movement advice to the chief executive.","sortOrder":623},{"sectionNumber":"sec.402","sectionType":"section","heading":"Existing amendments or suspensions continued","content":"### sec.402 Existing amendments or suspensions continued\n\nThis section applies if, immediately before the commencement, an amendment or suspension was in effect for a transitioned authority under a repealed provision.\nThe amendment or suspension continues in effect under this regulation for the transitioned authority as if the amendment or suspension were made or imposed under the corresponding provision for the repealed provision.\n(sec.402-ssec.1) This section applies if, immediately before the commencement, an amendment or suspension was in effect for a transitioned authority under a repealed provision.\n(sec.402-ssec.2) The amendment or suspension continues in effect under this regulation for the transitioned authority as if the amendment or suspension were made or imposed under the corresponding provision for the repealed provision.","sortOrder":624},{"sectionNumber":"sec.403","sectionType":"section","heading":"Term of transitioned authorities","content":"### sec.403 Term of transitioned authorities\n\nA transitioned authority ends on the day it would have otherwise ended under a repealed provision, but for the repeal of the provision.\nSubsection (1) does not prevent a transitioned authority being amended, surrendered or cancelled under this regulation.\n(sec.403-ssec.1) A transitioned authority ends on the day it would have otherwise ended under a repealed provision, but for the repeal of the provision.\n(sec.403-ssec.2) Subsection (1) does not prevent a transitioned authority being amended, surrendered or cancelled under this regulation.","sortOrder":625},{"sectionNumber":"sec.404","sectionType":"section","heading":"Renewal of transitioned authorities","content":"### sec.404 Renewal of transitioned authorities\n\nDespite section 400, chapter 5, part 5 does not apply in relation to a transitioned authority.","sortOrder":626},{"sectionNumber":"ch.12-pt.2-div.3","sectionType":"division","heading":"Existing applications for wildlife authorities for animals and internal review","content":"## Existing applications for wildlife authorities for animals and internal review","sortOrder":627},{"sectionNumber":"sec.405","sectionType":"section","heading":"Undecided applications for wildlife authorities for animals","content":"### sec.405 Undecided applications for wildlife authorities for animals\n\nThis section applies if—\nbefore the commencement, a person made an application (the existing application ) for the grant of a wildlife authority, or the amendment or renewal of an existing wildlife authority, under a repealed provision; and\nimmediately before the commencement, the existing application had not been decided.\nIf the existing application was for the grant of a wildlife authority, it is taken to be an application for a corresponding authority for the wildlife authority under the corresponding provision for the repealed provision.\nIf the existing application was for the amendment or renewal of an existing wildlife authority, it is taken to be an application of the same kind under the corresponding provision for the repealed provision.\nNo fee is payable for the application under this regulation if all fees payable for the existing application under the repealed administration regulation or the repealed management regulation were paid before the commencement.\n(sec.405-ssec.1) This section applies if— before the commencement, a person made an application (the existing application ) for the grant of a wildlife authority, or the amendment or renewal of an existing wildlife authority, under a repealed provision; and immediately before the commencement, the existing application had not been decided.\n(sec.405-ssec.2) If the existing application was for the grant of a wildlife authority, it is taken to be an application for a corresponding authority for the wildlife authority under the corresponding provision for the repealed provision.\n(sec.405-ssec.3) If the existing application was for the amendment or renewal of an existing wildlife authority, it is taken to be an application of the same kind under the corresponding provision for the repealed provision.\n(sec.405-ssec.4) No fee is payable for the application under this regulation if all fees payable for the existing application under the repealed administration regulation or the repealed management regulation were paid before the commencement.\n- (a) before the commencement, a person made an application (the existing application ) for the grant of a wildlife authority, or the amendment or renewal of an existing wildlife authority, under a repealed provision; and\n- (b) immediately before the commencement, the existing application had not been decided.","sortOrder":628},{"sectionNumber":"sec.406","sectionType":"section","heading":"Undecided applications or entitlements for internal or external review","content":"### sec.406 Undecided applications or entitlements for internal or external review\n\nThis section applies if—\nbefore the commencement—\na person made an application (the existing application ) for an internal or external review, under a repealed provision, of a reviewable decision related to an animal or a wildlife authority granted before the commencement; and\na person was entitled to apply for a review mentioned in subparagraph (i) (the existing entitlement ); and\nimmediately before the commencement—\nthe existing application had not been decided; or\nthe period in which the person was entitled to apply for the review had not ended.\nChapter 11, part 1 applies in relation to the person as if—\nthe reviewable decision—\nwere an original decision or internal review decision within the meaning of section 377; and\nhad been made under the corresponding provision for the repealed provision under which the reviewable decision was made; and\nfor an existing application—the application had been made under that part; and\nfor an existing entitlement—the person is entitled to apply for a review of the same kind under that part.\nIf a stay of the reviewable decision was granted under a repealed provision, the stay is taken to continue in force under the corresponding provision for the repealed provision.\nIn this section—\nreviewable decision has the meaning given under the repealed administration regulation.\n(sec.406-ssec.1) This section applies if— before the commencement— a person made an application (the existing application ) for an internal or external review, under a repealed provision, of a reviewable decision related to an animal or a wildlife authority granted before the commencement; and a person was entitled to apply for a review mentioned in subparagraph (i) (the existing entitlement ); and immediately before the commencement— the existing application had not been decided; or the period in which the person was entitled to apply for the review had not ended.\n(sec.406-ssec.2) Chapter 11, part 1 applies in relation to the person as if— the reviewable decision— were an original decision or internal review decision within the meaning of section 377; and had been made under the corresponding provision for the repealed provision under which the reviewable decision was made; and for an existing application—the application had been made under that part; and for an existing entitlement—the person is entitled to apply for a review of the same kind under that part.\n(sec.406-ssec.3) If a stay of the reviewable decision was granted under a repealed provision, the stay is taken to continue in force under the corresponding provision for the repealed provision.\n(sec.406-ssec.4) In this section— reviewable decision has the meaning given under the repealed administration regulation.\n- (a) before the commencement— (i) a person made an application (the existing application ) for an internal or external review, under a repealed provision, of a reviewable decision related to an animal or a wildlife authority granted before the commencement; and (ii) a person was entitled to apply for a review mentioned in subparagraph (i) (the existing entitlement ); and\n- (i) a person made an application (the existing application ) for an internal or external review, under a repealed provision, of a reviewable decision related to an animal or a wildlife authority granted before the commencement; and\n- (ii) a person was entitled to apply for a review mentioned in subparagraph (i) (the existing entitlement ); and\n- (b) immediately before the commencement— (i) the existing application had not been decided; or (ii) the period in which the person was entitled to apply for the review had not ended.\n- (i) the existing application had not been decided; or\n- (ii) the period in which the person was entitled to apply for the review had not ended.\n- (i) a person made an application (the existing application ) for an internal or external review, under a repealed provision, of a reviewable decision related to an animal or a wildlife authority granted before the commencement; and\n- (ii) a person was entitled to apply for a review mentioned in subparagraph (i) (the existing entitlement ); and\n- (i) the existing application had not been decided; or\n- (ii) the period in which the person was entitled to apply for the review had not ended.\n- (a) the reviewable decision— (i) were an original decision or internal review decision within the meaning of section 377; and (ii) had been made under the corresponding provision for the repealed provision under which the reviewable decision was made; and\n- (i) were an original decision or internal review decision within the meaning of section 377; and\n- (ii) had been made under the corresponding provision for the repealed provision under which the reviewable decision was made; and\n- (b) for an existing application—the application had been made under that part; and\n- (c) for an existing entitlement—the person is entitled to apply for a review of the same kind under that part.\n- (i) were an original decision or internal review decision within the meaning of section 377; and\n- (ii) had been made under the corresponding provision for the repealed provision under which the reviewable decision was made; and","sortOrder":629},{"sectionNumber":"ch.12-pt.2-div.4","sectionType":"division","heading":"Continuing authority to keep particular protected animals","content":"## Continuing authority to keep particular protected animals","sortOrder":630},{"sectionNumber":"sec.407","sectionType":"section","heading":"Least concern amphibians","content":"### sec.407 Least concern amphibians\n\nThis section applies if, immediately before the commencement, a person kept a least concern amphibian under the repealed management regulation, section 50.\nThe person may—\ncontinue to keep the amphibian on the person’s land for the person’s private enjoyment; or\nrelease the amphibian into an area of the wild from which the amphibian was taken.\nAlso, if the amphibian produces an offspring, the person may—\nkeep the offspring until 7 days after the offspring’s metamorphosis; and\nrelease the offspring into the wild at the place where the amphibian was taken.\n(sec.407-ssec.1) This section applies if, immediately before the commencement, a person kept a least concern amphibian under the repealed management regulation, section 50.\n(sec.407-ssec.2) The person may— continue to keep the amphibian on the person’s land for the person’s private enjoyment; or release the amphibian into an area of the wild from which the amphibian was taken.\n(sec.407-ssec.3) Also, if the amphibian produces an offspring, the person may— keep the offspring until 7 days after the offspring’s metamorphosis; and release the offspring into the wild at the place where the amphibian was taken.\n- (a) continue to keep the amphibian on the person’s land for the person’s private enjoyment; or\n- (b) release the amphibian into an area of the wild from which the amphibian was taken.\n- (a) keep the offspring until 7 days after the offspring’s metamorphosis; and\n- (b) release the offspring into the wild at the place where the amphibian was taken.","sortOrder":631},{"sectionNumber":"sec.408","sectionType":"section","heading":"Protected scorpions and spiders","content":"### sec.408 Protected scorpions and spiders\n\nThis section applies if, immediately before the commencement, a person kept a protected animal, that is a scorpion or a spider under the repealed management regulation, section 54.\nThe person may—\ncontinue to keep or use, other than sell or give away, the animal for the person’s private enjoyment; or\nrelease the animal into an area of the wild—\nfrom which the animal was taken; or\nthat is a prescribed natural habitat for the animal.\n(sec.408-ssec.1) This section applies if, immediately before the commencement, a person kept a protected animal, that is a scorpion or a spider under the repealed management regulation, section 54.\n(sec.408-ssec.2) The person may— continue to keep or use, other than sell or give away, the animal for the person’s private enjoyment; or release the animal into an area of the wild— from which the animal was taken; or that is a prescribed natural habitat for the animal.\n- (a) continue to keep or use, other than sell or give away, the animal for the person’s private enjoyment; or\n- (b) release the animal into an area of the wild— (i) from which the animal was taken; or (ii) that is a prescribed natural habitat for the animal.\n- (i) from which the animal was taken; or\n- (ii) that is a prescribed natural habitat for the animal.\n- (i) from which the animal was taken; or\n- (ii) that is a prescribed natural habitat for the animal.","sortOrder":632},{"sectionNumber":"ch.12-pt.2-div.5","sectionType":"division","heading":"Declarations and approvals relating to marine mammals","content":"## Declarations and approvals relating to marine mammals","sortOrder":633},{"sectionNumber":"sec.409","sectionType":"section","heading":"Existing temporary special management area continued","content":"### sec.409 Existing temporary special management area continued\n\nThis section applies if a declaration (the existing declaration ), made under the repealed management regulation, section 361 was in effect immediately before the commencement.\nThe declaration is taken to be a temporary marine mammal special management area declaration that is subject to the same terms, conditions or other restrictions (however described) that applied to the existing declaration immediately before the commencement.\n(sec.409-ssec.1) This section applies if a declaration (the existing declaration ), made under the repealed management regulation, section 361 was in effect immediately before the commencement.\n(sec.409-ssec.2) The declaration is taken to be a temporary marine mammal special management area declaration that is subject to the same terms, conditions or other restrictions (however described) that applied to the existing declaration immediately before the commencement.","sortOrder":634},{"sectionNumber":"sec.410","sectionType":"section","heading":"Existing temporary special management marine mammal","content":"### sec.410 Existing temporary special management marine mammal\n\nThis section applies if a declaration (the existing declaration ), made under the repealed management regulation, section 367 was in effect immediately before the commencement.\nThe declaration is taken to be a temporary special marine mammal declaration that is subject to the same terms, conditions or other restrictions (however described) that applied to the existing declaration immediately before the commencement.\n(sec.410-ssec.1) This section applies if a declaration (the existing declaration ), made under the repealed management regulation, section 367 was in effect immediately before the commencement.\n(sec.410-ssec.2) The declaration is taken to be a temporary special marine mammal declaration that is subject to the same terms, conditions or other restrictions (however described) that applied to the existing declaration immediately before the commencement.","sortOrder":635},{"sectionNumber":"sec.411","sectionType":"section","heading":"Authority to film marine mammals","content":"### sec.411 Authority to film marine mammals\n\nThis section applies in relation to a person if the person was the holder of an approval (the existing approval ), immediately before the commencement, under any of the following provisions of the repealed management regulation—\nsection 338K(1)(b);\nsection 338P(1)(b);\nsection 338Q(4)(b).\nThe person is taken to be holder of an approval (the new approval ) under—\nif subsection (1)(a) applies—section 300(1)(a); or\nif subsection (1)(b) applies—section 300(1)(b); or\nif subsection (1)(c) applies—section 300(1)(c).\nIf, immediately before the commencement, the existing approval was subject to a term, condition or other restriction (however described), the new approval is subject to the same term, condition or restriction.\n(sec.411-ssec.1) This section applies in relation to a person if the person was the holder of an approval (the existing approval ), immediately before the commencement, under any of the following provisions of the repealed management regulation— section 338K(1)(b); section 338P(1)(b); section 338Q(4)(b).\n(sec.411-ssec.2) The person is taken to be holder of an approval (the new approval ) under— if subsection (1)(a) applies—section 300(1)(a); or if subsection (1)(b) applies—section 300(1)(b); or if subsection (1)(c) applies—section 300(1)(c).\n(sec.411-ssec.3) If, immediately before the commencement, the existing approval was subject to a term, condition or other restriction (however described), the new approval is subject to the same term, condition or restriction.\n- (a) section 338K(1)(b);\n- (b) section 338P(1)(b);\n- (c) section 338Q(4)(b).\n- (a) if subsection (1)(a) applies—section 300(1)(a); or\n- (b) if subsection (1)(b) applies—section 300(1)(b); or\n- (c) if subsection (1)(c) applies—section 300(1)(c).","sortOrder":636},{"sectionNumber":"ch.12-pt.2-div.6","sectionType":"division","heading":"Record keeping and supplied and approved tags","content":"## Record keeping and supplied and approved tags","sortOrder":637},{"sectionNumber":"sec.412","sectionType":"section","heading":"Particular existing records","content":"### sec.412 Particular existing records\n\nA record made or kept, before the commencement, in relation to an animal or existing wildlife authority, under a repealed provision is taken to be made or kept under the corresponding provision for the repealed provision.","sortOrder":638},{"sectionNumber":"sec.413","sectionType":"section","heading":"Supplied or approved tags","content":"### sec.413 Supplied or approved tags\n\nA section 347 tag is taken to be supplied under section 350(1).\nA section 348 tag is taken to be approved under section 350(2).\nIn this section—\nsection 347 tag means a tag supplied in relation to an animal under the repealed management regulation, section 347 before the commencement, other than a tag that was recalled under the repealed management regulation, section 350 before the commencement.\nsection 348 tag means a tag approved in relation to an animal under the repealed management regulation, section 348 before the commencement, other than a tag that was recalled under the repealed management regulation, section 350 before the commencement.\n(sec.413-ssec.1) A section 347 tag is taken to be supplied under section 350(1).\n(sec.413-ssec.2) A section 348 tag is taken to be approved under section 350(2).\n(sec.413-ssec.3) In this section— section 347 tag means a tag supplied in relation to an animal under the repealed management regulation, section 347 before the commencement, other than a tag that was recalled under the repealed management regulation, section 350 before the commencement. section 348 tag means a tag approved in relation to an animal under the repealed management regulation, section 348 before the commencement, other than a tag that was recalled under the repealed management regulation, section 350 before the commencement.","sortOrder":639},{"sectionNumber":"sec.414","sectionType":"section","heading":"Approvals about use or transfer of tags","content":"### sec.414 Approvals about use or transfer of tags\n\nThis section applies if—\nbefore the commencement, the chief executive gave an approval under—\nthe repealed management regulation, section 335; or\nthe repealed management regulation, section 349; and\nthe approval relates to a tag supplied for an animal; and\nimmediately before the commencement, the approval was in effect.\nThe approval is taken to be an approval given under—\nfor an approval mentioned in subsection (1)(a)(i)—section 353; or\nfor an approval mentioned in subsection (1)(a)(ii)—section 351.\n(sec.414-ssec.1) This section applies if— before the commencement, the chief executive gave an approval under— the repealed management regulation, section 335; or the repealed management regulation, section 349; and the approval relates to a tag supplied for an animal; and immediately before the commencement, the approval was in effect.\n(sec.414-ssec.2) The approval is taken to be an approval given under— for an approval mentioned in subsection (1)(a)(i)—section 353; or for an approval mentioned in subsection (1)(a)(ii)—section 351.\n- (a) before the commencement, the chief executive gave an approval under— (i) the repealed management regulation, section 335; or (ii) the repealed management regulation, section 349; and\n- (i) the repealed management regulation, section 335; or\n- (ii) the repealed management regulation, section 349; and\n- (b) the approval relates to a tag supplied for an animal; and\n- (c) immediately before the commencement, the approval was in effect.\n- (i) the repealed management regulation, section 335; or\n- (ii) the repealed management regulation, section 349; and\n- (a) for an approval mentioned in subsection (1)(a)(i)—section 353; or\n- (b) for an approval mentioned in subsection (1)(a)(ii)—section 351.","sortOrder":640},{"sectionNumber":"ch.12-pt.2-div.7","sectionType":"division","heading":"Urban flying-fox management area map","content":"## Urban flying-fox management area map","sortOrder":641},{"sectionNumber":"sec.415","sectionType":"section","heading":"Continuation of existing map","content":"### sec.415 Continuation of existing map\n\nThe urban flying-fox management area map made under the repealed management regulation, section 377, and in effect immediately before the commencement, is taken to have been made under section 369(1).\nAn amendment that, immediately before the commencement, applied to the map under the repealed management regulation, section 382 continues to apply to the map under section 372.\n(sec.415-ssec.1) The urban flying-fox management area map made under the repealed management regulation, section 377, and in effect immediately before the commencement, is taken to have been made under section 369(1).\n(sec.415-ssec.2) An amendment that, immediately before the commencement, applied to the map under the repealed management regulation, section 382 continues to apply to the map under section 372.","sortOrder":642},{"sectionNumber":"sec.416","sectionType":"section","heading":"Undecided applications for amendment of map","content":"### sec.416 Undecided applications for amendment of map\n\nThis section applies if—\na local government made an application (the existing application ) under the repealed management regulation, section 381; and\nimmediately before the commencement, the existing application had not been decided.\nThe existing application is taken to be an application made under section 371.\n(sec.416-ssec.1) This section applies if— a local government made an application (the existing application ) under the repealed management regulation, section 381; and immediately before the commencement, the existing application had not been decided.\n(sec.416-ssec.2) The existing application is taken to be an application made under section 371.\n- (a) a local government made an application (the existing application ) under the repealed management regulation, section 381; and\n- (b) immediately before the commencement, the existing application had not been decided.","sortOrder":643},{"sectionNumber":"ch.12-pt.2-div.8","sectionType":"division","heading":"Other authorities, applications, invitations and notices","content":"## Other authorities, applications, invitations and notices","sortOrder":644},{"sectionNumber":"sec.417","sectionType":"section","heading":"Other authorities","content":"### sec.417 Other authorities\n\nThis section applies in relation to an authority (the former authority ), however described, for an animal, other than an existing wildlife authority or transitioned authority, if—\nthe former authority was granted under a repealed provision; and\nthe former authority was in effect immediately before the commencement; and\nthere is a corresponding provision for the repealed provision.\nThe former authority is taken to be an authority (the new authority ) of the same kind granted under the corresponding provision.\nIf, immediately before the commencement, the former authority was subject to a condition or other restriction (however described), the new authority is subject to the same condition or restriction.\n(sec.417-ssec.1) This section applies in relation to an authority (the former authority ), however described, for an animal, other than an existing wildlife authority or transitioned authority, if— the former authority was granted under a repealed provision; and the former authority was in effect immediately before the commencement; and there is a corresponding provision for the repealed provision.\n(sec.417-ssec.2) The former authority is taken to be an authority (the new authority ) of the same kind granted under the corresponding provision.\n(sec.417-ssec.3) If, immediately before the commencement, the former authority was subject to a condition or other restriction (however described), the new authority is subject to the same condition or restriction.\n- (a) the former authority was granted under a repealed provision; and\n- (b) the former authority was in effect immediately before the commencement; and\n- (c) there is a corresponding provision for the repealed provision.","sortOrder":645},{"sectionNumber":"sec.418","sectionType":"section","heading":"Other undecided applications, invitations, requests, notices and notifications","content":"### sec.418 Other undecided applications, invitations, requests, notices and notifications\n\nThis section applies if, immediately before the commencement—\nan application, relating to an animal or an existing wildlife authority, made before the commencement under a repealed provision, had not been decided; or\nan invitation, request, notice or other notification (however called), relating to an animal or an existing wildlife authority, and given before the commencement under a repealed provision, was in effect and had not been complied with or otherwise fulfilled.\nHowever, this section does not apply in relation to an application mentioned in division 2 to 7.\nIf subsection (1)(a) applies—\nthe application is taken to be the same kind of application made under the corresponding provision for the repealed provision; and\nno fee is payable for the application under this regulation if all fees payable for the application under the repealed administration regulation or the repealed management regulation were paid before the commencement.\nIf subsection (1)(b) applies, the invitation, request, notice or other notification is taken to have been given under the corresponding provision for the repealed provision on the same terms as it was made or given under the repealed provision.\n(sec.418-ssec.1) This section applies if, immediately before the commencement— an application, relating to an animal or an existing wildlife authority, made before the commencement under a repealed provision, had not been decided; or an invitation, request, notice or other notification (however called), relating to an animal or an existing wildlife authority, and given before the commencement under a repealed provision, was in effect and had not been complied with or otherwise fulfilled.\n(sec.418-ssec.2) However, this section does not apply in relation to an application mentioned in division 2 to 7.\n(sec.418-ssec.3) If subsection (1)(a) applies— the application is taken to be the same kind of application made under the corresponding provision for the repealed provision; and no fee is payable for the application under this regulation if all fees payable for the application under the repealed administration regulation or the repealed management regulation were paid before the commencement.\n(sec.418-ssec.4) If subsection (1)(b) applies, the invitation, request, notice or other notification is taken to have been given under the corresponding provision for the repealed provision on the same terms as it was made or given under the repealed provision.\n- (a) an application, relating to an animal or an existing wildlife authority, made before the commencement under a repealed provision, had not been decided; or\n- (b) an invitation, request, notice or other notification (however called), relating to an animal or an existing wildlife authority, and given before the commencement under a repealed provision, was in effect and had not been complied with or otherwise fulfilled.\n- (a) the application is taken to be the same kind of application made under the corresponding provision for the repealed provision; and\n- (b) no fee is payable for the application under this regulation if all fees payable for the application under the repealed administration regulation or the repealed management regulation were paid before the commencement.","sortOrder":646},{"sectionNumber":"ch.12-pt.2-div.9","sectionType":"division","heading":"Seized things","content":"## Seized things","sortOrder":647},{"sectionNumber":"sec.419","sectionType":"section","heading":"Seized things","content":"### sec.419 Seized things\n\nThis section applies if, immediately before the commencement, a thing seized under a repealed provision was being kept under a repealed provision.\nThe thing is taken—\nto have been seized under the corresponding provision for the repealed provision under which the thing was seized; and\nto be kept under the corresponding provision for the repealed provision under which the thing was being kept.\n(sec.419-ssec.1) This section applies if, immediately before the commencement, a thing seized under a repealed provision was being kept under a repealed provision.\n(sec.419-ssec.2) The thing is taken— to have been seized under the corresponding provision for the repealed provision under which the thing was seized; and to be kept under the corresponding provision for the repealed provision under which the thing was being kept.\n- (a) to have been seized under the corresponding provision for the repealed provision under which the thing was seized; and\n- (b) to be kept under the corresponding provision for the repealed provision under which the thing was being kept.","sortOrder":648},{"sectionNumber":"ch.12-pt.2-div.10","sectionType":"division","heading":"References in documents","content":"## References in documents","sortOrder":649},{"sectionNumber":"sec.420","sectionType":"section","heading":"References to repealed regulations","content":"### sec.420 References to repealed regulations\n\nIn a document, if the context permits—\na reference to a repealed regulation may be taken to be a reference to this regulation; and\na reference to a repealed provision may be taken to be a reference to the corresponding provision for the repealed provision.\n- (a) a reference to a repealed regulation may be taken to be a reference to this regulation; and\n- (b) a reference to a repealed provision may be taken to be a reference to the corresponding provision for the repealed provision.","sortOrder":650},{"sectionNumber":"sec.421","sectionType":"section","heading":"References to particular categories of animals","content":"### sec.421 References to particular categories of animals\n\nDespite another provision of this part, in a document, if the context permits—\na reference to a commercial animal is a reference to an animal that, immediately before the commencement, was a commercial animal under the repealed management regulation; and\na reference to a controlled animal is a reference to an animal that, immediately before the commencement, was a controlled animal under the repealed management regulation; and\na reference to a recreational animal is a reference to an animal that, immediately before the commencement, was a recreational animal under the repealed management regulation; and\na reference to a restricted animal is a reference to an animal that, immediately before the commencement, was a restricted animal under the repealed management regulation.\nHowever, for applying the Exhibited Animals Act 2015 , section 33(b) to a category of animal under the Nature Conservation Act 1992 —\na commercial animal is a class 1 animal; and\na controlled animal is a class 1 animal; and\na recreational animal is a class 2 animal; and\na restricted animal is a class 2 animal.\n(sec.421-ssec.1) Despite another provision of this part, in a document, if the context permits— a reference to a commercial animal is a reference to an animal that, immediately before the commencement, was a commercial animal under the repealed management regulation; and a reference to a controlled animal is a reference to an animal that, immediately before the commencement, was a controlled animal under the repealed management regulation; and a reference to a recreational animal is a reference to an animal that, immediately before the commencement, was a recreational animal under the repealed management regulation; and a reference to a restricted animal is a reference to an animal that, immediately before the commencement, was a restricted animal under the repealed management regulation.\n(sec.421-ssec.2) However, for applying the Exhibited Animals Act 2015 , section 33(b) to a category of animal under the Nature Conservation Act 1992 — a commercial animal is a class 1 animal; and a controlled animal is a class 1 animal; and a recreational animal is a class 2 animal; and a restricted animal is a class 2 animal.\n- (a) a reference to a commercial animal is a reference to an animal that, immediately before the commencement, was a commercial animal under the repealed management regulation; and\n- (b) a reference to a controlled animal is a reference to an animal that, immediately before the commencement, was a controlled animal under the repealed management regulation; and\n- (c) a reference to a recreational animal is a reference to an animal that, immediately before the commencement, was a recreational animal under the repealed management regulation; and\n- (d) a reference to a restricted animal is a reference to an animal that, immediately before the commencement, was a restricted animal under the repealed management regulation.\n- (a) a commercial animal is a class 1 animal; and\n- (b) a controlled animal is a class 1 animal; and\n- (c) a recreational animal is a class 2 animal; and\n- (d) a restricted animal is a class 2 animal.","sortOrder":651},{"sectionNumber":"ch.12-pt.3","sectionType":"part","heading":"Transitional provision for Nature Conservation and Other Legislation Amendment Regulation 2021","content":"# Transitional provision for Nature Conservation and Other Legislation Amendment Regulation 2021","sortOrder":652},{"sectionNumber":"sec.422","sectionType":"section","heading":"Prescribed period for particular returns of operations for existing research permits","content":"### sec.422 Prescribed period for particular returns of operations for existing research permits\n\nThis section applies in relation to—\na research permit granted before the commencement in effect on the commencement; and\nthe first return of operations for the permit required to be given to the chief executive after the commencement.\nFor section 348, the prescribed period for the first return of operations for the research permit is taken to be the period—\nstarting on the commencement; and\nending—\n1 year after the permit was granted; or\nif the permit ends within a year of being granted—on the day the permit ends.\ns 422 ins 2021 SL No. 36 s 24\n(sec.422-ssec.1) This section applies in relation to— a research permit granted before the commencement in effect on the commencement; and the first return of operations for the permit required to be given to the chief executive after the commencement.\n(sec.422-ssec.2) For section 348, the prescribed period for the first return of operations for the research permit is taken to be the period— starting on the commencement; and ending— 1 year after the permit was granted; or if the permit ends within a year of being granted—on the day the permit ends.\n- (a) a research permit granted before the commencement in effect on the commencement; and\n- (b) the first return of operations for the permit required to be given to the chief executive after the commencement.\n- (a) starting on the commencement; and\n- (b) ending— (i) 1 year after the permit was granted; or (ii) if the permit ends within a year of being granted—on the day the permit ends.\n- (i) 1 year after the permit was granted; or\n- (ii) if the permit ends within a year of being granted—on the day the permit ends.\n- (i) 1 year after the permit was granted; or\n- (ii) if the permit ends within a year of being granted—on the day the permit ends.","sortOrder":653},{"sectionNumber":"ch.12-pt.4","sectionType":"part","heading":"Transitional provision for Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2021","content":"# Transitional provision for Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2021","sortOrder":654},{"sectionNumber":"sec.423","sectionType":"section","heading":"Continuing application of former s 239 to existing applications","content":"### sec.423 Continuing application of former s 239 to existing applications\n\nThis section applies if—\nbefore the commencement, a person made an application (the existing application ) for the grant, amendment or renewal of an animal authority; and\nimmediately before the commencement, the existing application had not been decided.\nFormer section 239 continues to apply in relation to the existing application as if the Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2021 had not commenced.\nIn this section—\nformer section 239 means section 239 as in force immediately before the commencement.\ns 423 ins 2021 SL No. 165 s 10\n(sec.423-ssec.1) This section applies if— before the commencement, a person made an application (the existing application ) for the grant, amendment or renewal of an animal authority; and immediately before the commencement, the existing application had not been decided.\n(sec.423-ssec.2) Former section 239 continues to apply in relation to the existing application as if the Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2021 had not commenced.\n(sec.423-ssec.3) In this section— former section 239 means section 239 as in force immediately before the commencement.\n- (a) before the commencement, a person made an application (the existing application ) for the grant, amendment or renewal of an animal authority; and\n- (b) immediately before the commencement, the existing application had not been decided.","sortOrder":655},{"sectionNumber":"ch.12-pt.5","sectionType":"part","heading":"Transitional provision for Nature Conservation and Other Legislation Amendment Regulation 2022","content":"# Transitional provision for Nature Conservation and Other Legislation Amendment Regulation 2022","sortOrder":656},{"sectionNumber":"sec.424","sectionType":"section","heading":"Undecided applications for licences and permits","content":"### sec.424 Undecided applications for licences and permits\n\nThis section applies if—\nbefore the commencement, an application was made for any of the following licences or permits—\na dealer licence under former section 138;\na farming licence under former section 150;\na permit to keep under former section 186; and\nimmediately before the commencement, the application had not been decided.\nThe application may be decided under the former section as if the amendment regulation had not been made.\nIn this section—\namendment regulation means the Nature Conservation and Other Legislation Amendment Regulation 2022 .\nformer , for a provision of this regulation, means the provision as in force from time to time before the commencement.\ns 424 ins 2022 SL No. 37 s 14\n(sec.424-ssec.1) This section applies if— before the commencement, an application was made for any of the following licences or permits— a dealer licence under former section 138; a farming licence under former section 150; a permit to keep under former section 186; and immediately before the commencement, the application had not been decided.\n(sec.424-ssec.2) The application may be decided under the former section as if the amendment regulation had not been made.\n(sec.424-ssec.3) In this section— amendment regulation means the Nature Conservation and Other Legislation Amendment Regulation 2022 . former , for a provision of this regulation, means the provision as in force from time to time before the commencement.\n- (a) before the commencement, an application was made for any of the following licences or permits— (i) a dealer licence under former section 138; (ii) a farming licence under former section 150; (iii) a permit to keep under former section 186; and\n- (i) a dealer licence under former section 138;\n- (ii) a farming licence under former section 150;\n- (iii) a permit to keep under former section 186; and\n- (b) immediately before the commencement, the application had not been decided.\n- (i) a dealer licence under former section 138;\n- (ii) a farming licence under former section 150;\n- (iii) a permit to keep under former section 186; and","sortOrder":657},{"sectionNumber":"ch.12-pt.6","sectionType":"part","heading":"Transitional provision for Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2022","content":"# Transitional provision for Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2022","sortOrder":658},{"sectionNumber":"sec.425","sectionType":"section","heading":"Existing demerit points continue","content":"### sec.425 Existing demerit points continue\n\nIf, before the commencement, a person accumulated 1 or more demerit points under former section 240—\nthe demerit points are not affected by the commencement of the Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2022 , section 8 ; and\nthe demerit points may be considered for applying section 239(2)(a).\nIn this section—\nformer section 240 means section 240 as in force from time to time before the commencement.\ns 425 ins 2022 SL No. 166 s 10\n(sec.425-ssec.1) If, before the commencement, a person accumulated 1 or more demerit points under former section 240— the demerit points are not affected by the commencement of the Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2022 , section 8 ; and the demerit points may be considered for applying section 239(2)(a).\n(sec.425-ssec.2) In this section— former section 240 means section 240 as in force from time to time before the commencement.\n- (a) the demerit points are not affected by the commencement of the Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2022 , section 8 ; and\n- (b) the demerit points may be considered for applying section 239(2)(a).","sortOrder":659},{"sectionNumber":"ch.12-pt.7","sectionType":"part","heading":"Transitional provisions for Nature Conservation and Other Legislation Amendment Regulation 2023","content":"# Transitional provisions for Nature Conservation and Other Legislation Amendment Regulation 2023","sortOrder":660},{"sectionNumber":"sec.426","sectionType":"section","heading":"Definitions for part","content":"### sec.426 Definitions for part\n\nIn this part—\nformer , for a provision of this regulation, means the provision as in force immediately before the commencement.\nnew , for a provision of this regulation, means the provision as in force from the commencement.\ns 426 ins 2023 SL No. 77 s 16","sortOrder":661},{"sectionNumber":"sec.427","sectionType":"section","heading":"Application of new ss 163 and 164 to existing applications for damage mitigation permits","content":"### sec.427 Application of new ss 163 and 164 to existing applications for damage mitigation permits\n\nThis section applies in relation to an application for a damage mitigation permit—\nthat was made, but not decided, before the commencement; and\nto which former sections 163 and 164 applied.\nNew sections 163 and 164 apply in relation to deciding the application.\ns 427 ins 2023 SL No. 77 s 16\n(sec.427-ssec.1) This section applies in relation to an application for a damage mitigation permit— that was made, but not decided, before the commencement; and to which former sections 163 and 164 applied.\n(sec.427-ssec.2) New sections 163 and 164 apply in relation to deciding the application.\n- (a) that was made, but not decided, before the commencement; and\n- (b) to which former sections 163 and 164 applied.","sortOrder":662},{"sectionNumber":"sec.428","sectionType":"section","heading":"Application of new ss 171 and 171A to existing damage mitigation permits","content":"### sec.428 Application of new ss 171 and 171A to existing damage mitigation permits\n\nNew sections 171 and 171A apply from the commencement in relation to a damage mitigation permit, even if the permit was granted before the commencement.\ns 428 ins 2023 SL No. 77 s 16","sortOrder":663},{"sectionNumber":"sec.429","sectionType":"section","heading":"Application of new s 178A to existing flying-fox roost management permits","content":"### sec.429 Application of new s 178A to existing flying-fox roost management permits\n\nNew section 178A applies from the commencement in relation to a flying-fox roost management permit, even if the permit was granted before the commencement.\ns 429 ins 2023 SL No. 77 s 16","sortOrder":664},{"sectionNumber":"sec.430","sectionType":"section","heading":null,"content":"### Section sec.430\n\ns 430 ins 2023 SL No. 77 s 16\nom 2025 SL No. 154 s 8","sortOrder":665},{"sectionNumber":"ch.12-pt.8","sectionType":"part","heading":"Transitional provision for Nature Conservation Legislation Amendment Regulation 2025","content":"# Transitional provision for Nature Conservation Legislation Amendment Regulation 2025","sortOrder":666},{"sectionNumber":"sec.431","sectionType":"section","heading":"Undecided applications relating to particular animal authorities","content":"### sec.431 Undecided applications relating to particular animal authorities\n\nThis section applies if—\nbefore the commencement, a person made—\nan application for an animal authority; or\nan application to renew or amend an animal authority; and\nimmediately before the commencement, the application had not been decided or withdrawn.\nSee also section 220 of the Act in relation to particular applications dealt with by the operation of an automated system before the commencement.\nThis regulation, as in force from the commencement, applies in relation to deciding the application.\ns 431 ins 2025 SL No. 125 s 32\n(sec.431-ssec.1) This section applies if— before the commencement, a person made— an application for an animal authority; or an application to renew or amend an animal authority; and immediately before the commencement, the application had not been decided or withdrawn. See also section 220 of the Act in relation to particular applications dealt with by the operation of an automated system before the commencement.\n(sec.431-ssec.2) This regulation, as in force from the commencement, applies in relation to deciding the application.\n- (a) before the commencement, a person made— (i) an application for an animal authority; or (ii) an application to renew or amend an animal authority; and\n- (i) an application for an animal authority; or\n- (ii) an application to renew or amend an animal authority; and\n- (b) immediately before the commencement, the application had not been decided or withdrawn. Note— See also section 220 of the Act in relation to particular applications dealt with by the operation of an automated system before the commencement.\n- (i) an application for an animal authority; or\n- (ii) an application to renew or amend an animal authority; and","sortOrder":667},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":668},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Definitions for schedule","content":"### sch.1-sec.1 Definitions for schedule\n\nIn this schedule—\necosystem process means a natural process that assists in sustaining an ecosystem as a living thing.\ninformation , about an animal, includes—\nthe biochemical, genetic or molecular details of the animal; and\ninformation about the distribution or natural history of the animal.\nmanagement principles , for a protected animal, means the matters stated in section 73 of the Act .\n- (a) the biochemical, genetic or molecular details of the animal; and\n- (b) information about the distribution or natural history of the animal.","sortOrder":669},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Protected wildlife","content":"# Protected wildlife","sortOrder":670},{"sectionNumber":"sch.1-pt.2-div.1","sectionType":"division","heading":"Extinct wildlife","content":"## Extinct wildlife","sortOrder":671},{"sectionNumber":"sch.1-sec.1A","sectionType":"section","heading":"Amphibians","content":"### sch.1-sec.1A Amphibians\n\nScientific name\nCommon name\nRheobatrachus vitellinus\nnorthern gastric brooding frog\nsch 1 s 1A ins 2023 SL No. 186 s 13","sortOrder":672},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Mammals","content":"### sch.1-sec.2 Mammals\n\nScientific name\nCommon name\nBettongia gaimardi gaimardi\neastern bettong\nBettongia lesueur graii\nburrowing bettong\nConilurus capricornensis\nCapricorn rabbit-rat\nPseudomys glaucus\nblue-grey mouse\nPteropus brunneus\nPercy Island flying-fox\nsch 1 s 2 amd 2021 SL No. 165 s 11","sortOrder":673},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Significance to nature and its value","content":"### sch.1-sec.3 Significance to nature and its value\n\nAn animal that is extinct wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem of the animal.\nWithout limiting subsection (1) , the animal represents—\na part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\na source of genetic information integral to an understanding of the evolution of the Australian biota; and\na genetic resource of potential benefit to society.\n(sch.1-sec.3-ssec.1) An animal that is extinct wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem of the animal.\n(sch.1-sec.3-ssec.2) Without limiting subsection (1) , the animal represents— a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and a source of genetic information integral to an understanding of the evolution of the Australian biota; and a genetic resource of potential benefit to society.\n- (a) a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\n- (b) a source of genetic information integral to an understanding of the evolution of the Australian biota; and\n- (c) a genetic resource of potential benefit to society.","sortOrder":674},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Proposed management intent","content":"### sch.1-sec.4 Proposed management intent\n\nThe proposed management intent for an animal that is extinct wildlife is—\nto establish and maintain a database of information about the animal and its former habitat; and\nto investigate reliable sightings of the animal; and\nto monitor and review information about reported sightings of the animal; and\nto cooperate with the Commonwealth and other State agencies to work towards a national conservation status for the animal and its former habitat; and\nto consider developing a strategy for re-establishing the animal in the wild and, if it is considered appropriate, to develop and implement the strategy; and\nto implement education programs for land managers about—\nthreatening processes to re-establishing the animal or its habitat; and\nthe conservation of the animal and its habitat; and\nfor an animal found to still exist in the wild—to manage the animal as if it were critically endangered wildlife until it is reclassified as another class of wildlife.\n- (a) to establish and maintain a database of information about the animal and its former habitat; and\n- (b) to investigate reliable sightings of the animal; and\n- (c) to monitor and review information about reported sightings of the animal; and\n- (d) to cooperate with the Commonwealth and other State agencies to work towards a national conservation status for the animal and its former habitat; and\n- (e) to consider developing a strategy for re-establishing the animal in the wild and, if it is considered appropriate, to develop and implement the strategy; and\n- (f) to implement education programs for land managers about— (i) threatening processes to re-establishing the animal or its habitat; and (ii) the conservation of the animal and its habitat; and\n- (i) threatening processes to re-establishing the animal or its habitat; and\n- (ii) the conservation of the animal and its habitat; and\n- (g) for an animal found to still exist in the wild—to manage the animal as if it were critically endangered wildlife until it is reclassified as another class of wildlife.\n- (i) threatening processes to re-establishing the animal or its habitat; and\n- (ii) the conservation of the animal and its habitat; and","sortOrder":675},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Principles relating to proposed taking, keeping and use","content":"### sch.1-sec.5 Principles relating to proposed taking, keeping and use\n\nAn animal that is extinct wildlife may be taken from the wild, kept or used under the Act only if the taking, keeping or use—\nis for putting into effect a recovery plan for the animal; and\nis not likely to reduce the ability of the animal’s population to expand.\n- (a) is for putting into effect a recovery plan for the animal; and\n- (b) is not likely to reduce the ability of the animal’s population to expand.","sortOrder":676},{"sectionNumber":"sch.1-pt.2-div.2","sectionType":"division","heading":"Extinct in the wild wildlife","content":"## Extinct in the wild wildlife","sortOrder":677},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Amphibians","content":"### sch.1-sec.6 Amphibians\n\nScientific name\nCommon name\nRheobatrachus silus\nsouthern gastric brooding frog\nTaudactylus acutirostris\nsharp-nosed torrent frog\nTaudactylus diurnus\nsouthern dayfrog","sortOrder":678},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Birds","content":"### sch.1-sec.7 Birds\n\nScientific name\nCommon name\nPsephotellus pulcherrimus\nparadise parrot\nsch 1 s 7 amd 2024 SL No. 196 s 23","sortOrder":679},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Mammals","content":"### sch.1-sec.8 Mammals\n\nScientific name\nCommon name\nCaloprymnus campestris\ndesert rat-kangaroo\nConilurus albipes\nwhite-footed tree-rat\nDasyurus geoffroii geoffroii\nwestern quoll\nMelomys rubicola\nBramble Cay melomys\nNotomys mordax\nDarling Downs hopping-mouse\nsch 1 s 8 amd 2021 SL No. 165 s 12","sortOrder":680},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Significance to nature and its value","content":"### sch.1-sec.9 Significance to nature and its value\n\nAn animal that is extinct in the wild wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem of the animal.\nWithout limiting subsection (1) , the animal represents—\na part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\na source of genetic information integral to an understanding of the evolution of the Australian biota; and\na genetic resource of potential benefit to society.\n(sch.1-sec.9-ssec.1) An animal that is extinct in the wild wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem of the animal.\n(sch.1-sec.9-ssec.2) Without limiting subsection (1) , the animal represents— a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and a source of genetic information integral to an understanding of the evolution of the Australian biota; and a genetic resource of potential benefit to society.\n- (a) a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\n- (b) a source of genetic information integral to an understanding of the evolution of the Australian biota; and\n- (c) a genetic resource of potential benefit to society.","sortOrder":681},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Proposed management intent","content":"### sch.1-sec.10 Proposed management intent\n\nThe proposed management intent for an animal that is extinct in the wild wildlife is—\nto establish and maintain a database of information about the animal and its habitat; and\nto investigate reliable sightings of the animal; and\nto monitor and review information about reported sightings of the animal; and\nto cooperate with the Commonwealth and other State agencies to work towards a national conservation status for the animal and its habitat; and\nfor an animal known to survive outside the wild—to consider developing a strategy for re-establishing the animal in the wild and, if it is considered appropriate, to develop and implement the strategy; and\nto implement education programs for land managers about—\nthreatening processes to the animal or its habitat; and\nthe conservation of the animal and its habitat; and\nfor an animal found to still exist in the wild—to manage the animal as if it were critically endangered wildlife until it is reclassified as another class of wildlife.\n- (a) to establish and maintain a database of information about the animal and its habitat; and\n- (b) to investigate reliable sightings of the animal; and\n- (c) to monitor and review information about reported sightings of the animal; and\n- (d) to cooperate with the Commonwealth and other State agencies to work towards a national conservation status for the animal and its habitat; and\n- (e) for an animal known to survive outside the wild—to consider developing a strategy for re-establishing the animal in the wild and, if it is considered appropriate, to develop and implement the strategy; and\n- (f) to implement education programs for land managers about— (i) threatening processes to the animal or its habitat; and (ii) the conservation of the animal and its habitat; and\n- (i) threatening processes to the animal or its habitat; and\n- (ii) the conservation of the animal and its habitat; and\n- (g) for an animal found to still exist in the wild—to manage the animal as if it were critically endangered wildlife until it is reclassified as another class of wildlife.\n- (i) threatening processes to the animal or its habitat; and\n- (ii) the conservation of the animal and its habitat; and","sortOrder":682},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Principles relating to proposed taking, keeping and use","content":"### sch.1-sec.11 Principles relating to proposed taking, keeping and use\n\nAn animal that is extinct in the wild wildlife may be taken from the wild, kept or used under the Act only if the taking, keeping or use—\nis for putting into effect a recovery plan for the animal; and\nis not likely to reduce the ability of the animal’s population to expand.\n- (a) is for putting into effect a recovery plan for the animal; and\n- (b) is not likely to reduce the ability of the animal’s population to expand.","sortOrder":683},{"sectionNumber":"sch.1-pt.2-div.3","sectionType":"division","heading":"Critically endangered wildlife","content":"## Critically endangered wildlife","sortOrder":684},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Amphibians","content":"### sch.1-sec.12 Amphibians\n\nScientific name\nCommon name\nCophixalus concinnus\nelegant frog\nCophixalus hosmeri\nrattling nursery frog\nCophixalus mcdonaldi\nMount Elliot nursery frog\nCophixalus monticola\nmountain-top nursery frog\nCophixalus neglectus\nneglected nursery frog\nLitoria kroombitensis\nKroombit treefrog\nLitoria lorica\narmoured mist frog\nLitoria myola\nKuranda treefrog\nLitoria nyakalensis\nmountain mist frog\nTaudactylus pleione\nKroombit tinkerfrog\nTaudactylus rheophilus\nnorthern tinkerfrog\nsch 1 s 12 amd 2021 SL No. 165 s 13","sortOrder":685},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"Birds","content":"### sch.1-sec.13 Birds\n\nScientific name\nCommon name\nAnthochaera phrygia\nregent honeyeater\nCalidris ferruginea\ncurlew sandpiper\nCyclopsitta diophthalma coxeni\nCoxen’s fig-parrot\nNumenius madagascariensis\neastern curlew\nPedionomus torquatus\nplains-wanderer\nPezoporus occidentalis\nnight parrot\nPterodroma heraldica\nHerald petrel\nTurnix olivii\nbuff-breasted button-quail\nsch 1 s 13 amd 2022 SL No. 166 s 11 ; 2024 SL No. 196 s 24","sortOrder":686},{"sectionNumber":"sch.1-sec.13A","sectionType":"section","heading":"Fish","content":"### sch.1-sec.13A Fish\n\nScientific name\nCommon name\nCairnsichthys bitaeniatus\nDaintree rainbowfish\nCentroberyx affinis\nredfish\nChlamydogobius squamigenus\nEdgbaston goby\nMelanotaenia sp. nov. ‘Malanda’\nMalanda rainbowfish\nMelanotaenia sp. nov. ‘Running River’\nRunning River rainbowfish\nsch 1 s 13A ins 2022 SL No. 166 s 12\namd 2024 SL No. 196 s 25","sortOrder":687},{"sectionNumber":"sch.1-sec.14","sectionType":"section","heading":"Invertebrates","content":"### sch.1-sec.14 Invertebrates\n\nScientific name\nCommon name\nEuastacus bindal\nMount Elliot crayfish\nEuastacus binzayedi\nEmbezee’s crayfish\nEuastacus dalagarbe\nmud gully crayfish\nEuastacus jagara\nJagara hairy crayfish\nEuastacus maidae\nhinterland spiny crayfish\nEuastacus setosus\nMount Glorious spiny crayfish\nEuastacus yigara\nCardwell hairy crayfish\nHypochrysops piceatus\nbulloak jewel butterfly\nsch 1 s 14 amd 2021 SL No. 36 s 25 ; 2022 SL No. 166 s 13 ; 2024 SL No. 196 s 26 ; 2025 SL No. 42 s 28","sortOrder":688},{"sectionNumber":"sch.1-sec.14A","sectionType":"section","heading":"Mammals","content":"### sch.1-sec.14A Mammals\n\nScientific name\nCommon name\nLasiorhinus krefftii\nnorthern hairy-nosed wombat\nsch 1 s 14A ins 2021 SL No. 36 s 26\namd 2022 SL No. 166 s 14 ; 2024 SL No. 196 s 27","sortOrder":689},{"sectionNumber":"sch.1-sec.15","sectionType":"section","heading":"Reptiles","content":"### sch.1-sec.15 Reptiles\n\nScientific name\nCommon name\nAnilios insperatus\nFassifern blind snake\nAustroablepharus barrylyoni\nLyon’s soil-crevice skink\nCtenotus serotinus\ngravel-downs ctenotus\nElseya albagula\nwhite-throated snapping turtle\nElusor macrurus\nMary River turtle\nEmydura subglobosa angkibaanya\nJardine River turtle\nNangura spinosa\nNangur skink\nOedura lineata\nArcadia velvet gecko\nOrraya occultus\nMcIlwraith leaf-tailed gecko\nPhyllurus gulbaru\nGulbaru gecko\nPhyllurus kabikabi\nOakview leaf-tailed gecko\nPhyllurus pinnaclensis\nPinnacles leaf-tailed gecko\nSaltuarius eximius\nCape Melville leaf-tailed gecko\nTechmarscincus jigurru\nBartle Frere cool-skink\nTiliqua scincoides intermedia\nnorthern blue-tongued lizard\nVaranus mitchelli\nMitchell’s water monitor\nsch 1 s 15 amd 2021 SL No. 36 s 27 ; 2021 SL No. 165 s 14 ; 2022 SL No. 166 s 15 ; 2023 SL No. 77 s 17 ; 2024 SL No. 196 s 28","sortOrder":690},{"sectionNumber":"sch.1-sec.16","sectionType":"section","heading":"Significance to nature and its value","content":"### sch.1-sec.16 Significance to nature and its value\n\nAn animal that is critically endangered wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the animal lives.\nWithout limiting subsection (1) , the animal represents—\na part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\na source of genetic information integral to an understanding of the evolution of the Australian biota; and\na genetic resource of potential benefit to society.\n(sch.1-sec.16-ssec.1) An animal that is critically endangered wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the animal lives.\n(sch.1-sec.16-ssec.2) Without limiting subsection (1) , the animal represents— a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and a source of genetic information integral to an understanding of the evolution of the Australian biota; and a genetic resource of potential benefit to society.\n- (a) a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\n- (b) a source of genetic information integral to an understanding of the evolution of the Australian biota; and\n- (c) a genetic resource of potential benefit to society.","sortOrder":691},{"sectionNumber":"sch.1-sec.17","sectionType":"section","heading":"Proposed management intent","content":"### sch.1-sec.17 Proposed management intent\n\nThe proposed management intent for an animal that is critically endangered wildlife is—\nto establish and maintain a database of information about the animal and its habitat; and\nto the extent practicable, to prepare and put into effect recovery plans or conservation plans for the animal and its habitat; and\nto seek funding to help achieve the objectives of the recovery plans or conservation plans; and\nto act to ensure viable populations of the animal in the wild are preserved or re-established; and\nto cooperate with the Commonwealth and other State agencies—\nfor the ongoing protection and management of the animal and its habitat; and\nto work towards a national conservation status for the animal and its habitat; and\nto implement education programs for land managers about—\nthreatening processes to the animal or its habitat; and\nthe conservation of the animal and its habitat; and\nto regularly monitor and review the conservation status of the animal and its habitat; and\nto encourage scientific research and inventory programs likely to contribute to an understanding of the animal or its habitat, including, for example, the requirements for conserving the animal or habitat; and\nto protect the critical habitat, or the areas of major interest, for the animal; and\nto monitor and review environmental impact procedures to ensure they—\naccurately assess the extent of the impact, on the animal, of the activities to which the procedures relate; and\nprovide for effective measures to mitigate any adverse impact of the activities on the animal; and\nif there is an adverse impact of the activities on an area in which the animal normally lives, provide for the enhancement of other areas where the animal normally lives.\n- (a) to establish and maintain a database of information about the animal and its habitat; and\n- (b) to the extent practicable, to prepare and put into effect recovery plans or conservation plans for the animal and its habitat; and\n- (c) to seek funding to help achieve the objectives of the recovery plans or conservation plans; and\n- (d) to act to ensure viable populations of the animal in the wild are preserved or re-established; and\n- (e) to cooperate with the Commonwealth and other State agencies— (i) for the ongoing protection and management of the animal and its habitat; and (ii) to work towards a national conservation status for the animal and its habitat; and\n- (i) for the ongoing protection and management of the animal and its habitat; and\n- (ii) to work towards a national conservation status for the animal and its habitat; and\n- (f) to implement education programs for land managers about— (i) threatening processes to the animal or its habitat; and (ii) the conservation of the animal and its habitat; and\n- (i) threatening processes to the animal or its habitat; and\n- (ii) the conservation of the animal and its habitat; and\n- (g) to regularly monitor and review the conservation status of the animal and its habitat; and\n- (h) to encourage scientific research and inventory programs likely to contribute to an understanding of the animal or its habitat, including, for example, the requirements for conserving the animal or habitat; and\n- (i) to protect the critical habitat, or the areas of major interest, for the animal; and\n- (j) to monitor and review environmental impact procedures to ensure they— (i) accurately assess the extent of the impact, on the animal, of the activities to which the procedures relate; and (ii) provide for effective measures to mitigate any adverse impact of the activities on the animal; and (iii) if there is an adverse impact of the activities on an area in which the animal normally lives, provide for the enhancement of other areas where the animal normally lives.\n- (i) accurately assess the extent of the impact, on the animal, of the activities to which the procedures relate; and\n- (ii) provide for effective measures to mitigate any adverse impact of the activities on the animal; and\n- (iii) if there is an adverse impact of the activities on an area in which the animal normally lives, provide for the enhancement of other areas where the animal normally lives.\n- (i) for the ongoing protection and management of the animal and its habitat; and\n- (ii) to work towards a national conservation status for the animal and its habitat; and\n- (i) threatening processes to the animal or its habitat; and\n- (ii) the conservation of the animal and its habitat; and\n- (i) accurately assess the extent of the impact, on the animal, of the activities to which the procedures relate; and\n- (ii) provide for effective measures to mitigate any adverse impact of the activities on the animal; and\n- (iii) if there is an adverse impact of the activities on an area in which the animal normally lives, provide for the enhancement of other areas where the animal normally lives.","sortOrder":692},{"sectionNumber":"sch.1-sec.18","sectionType":"section","heading":"Principles relating to proposed taking, keeping and use","content":"### sch.1-sec.18 Principles relating to proposed taking, keeping and use\n\nAn animal that is critically endangered wildlife may be taken, kept or used for display under the Act only if the taking, keeping or use—\nif the animal is taken in the wild—\nis for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or\nis authorised under a conservation plan for the animal; or\nif the animal is captive bred—\nis consistent with the management principles for the animal; and\nis not likely to reduce the ability of the animal’s population to expand.\nAn animal that is critically endangered wildlife may be taken, kept or used for a purpose other than display under the Act only if the taking, keeping or use—\nis consistent with the management principles for the animal; and\nis not likely to reduce the ability of the animal’s population to expand.\n(sch.1-sec.18-ssec.1) An animal that is critically endangered wildlife may be taken, kept or used for display under the Act only if the taking, keeping or use— if the animal is taken in the wild— is for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or is authorised under a conservation plan for the animal; or if the animal is captive bred— is consistent with the management principles for the animal; and is not likely to reduce the ability of the animal’s population to expand.\n(sch.1-sec.18-ssec.2) An animal that is critically endangered wildlife may be taken, kept or used for a purpose other than display under the Act only if the taking, keeping or use— is consistent with the management principles for the animal; and is not likely to reduce the ability of the animal’s population to expand.\n- (a) if the animal is taken in the wild— (i) is for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or (ii) is authorised under a conservation plan for the animal; or\n- (i) is for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or\n- (ii) is authorised under a conservation plan for the animal; or\n- (b) if the animal is captive bred— (i) is consistent with the management principles for the animal; and (ii) is not likely to reduce the ability of the animal’s population to expand.\n- (i) is consistent with the management principles for the animal; and\n- (ii) is not likely to reduce the ability of the animal’s population to expand.\n- (i) is for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or\n- (ii) is authorised under a conservation plan for the animal; or\n- (i) is consistent with the management principles for the animal; and\n- (ii) is not likely to reduce the ability of the animal’s population to expand.\n- (a) is consistent with the management principles for the animal; and\n- (b) is not likely to reduce the ability of the animal’s population to expand.","sortOrder":693},{"sectionNumber":"sch.1-pt.2-div.4","sectionType":"division","heading":"Endangered wildlife","content":"## Endangered wildlife","sortOrder":694},{"sectionNumber":"sch.1-sec.19","sectionType":"section","heading":"Amphibians","content":"### sch.1-sec.19 Amphibians\n\nScientific name\nCommon name\nCophixalus aenigma\ntapping nursery frog\nMixophyes fleayi\nFleay’s barred frog\nPhiloria knowlesi\nMount Ballow mountain frog\nPhiloria kundagungan\nred-and-yellow mountain frog\nTaudactylus eungellensis\nEungella tinkerfrog\nsch 1 s 19 amd 2021 SL No. 36 s 28 ; 2021 SL No. 165 s 15 ; 2023 SL No. 186 s 14 ; 2025 SL No. 42 s 29","sortOrder":695},{"sectionNumber":"sch.1-sec.20","sectionType":"section","heading":"Birds","content":"### sch.1-sec.20 Birds\n\nScientific name\nCommon name\nAmytornis barbatus barbatus\ngrey grasswren (Bulloo)\nAmytornis dorotheae\nCarpentarian grasswren\nBotaurus poiciloptilus\nAustralasian bittern\nCacatua leadbeateri leadbeateri\nMajor Mitchell’s cockatoo (eastern)\nCasuarius casuarius johnsonii (southern population)\nsouthern cassowary (southern population)\nCharadrius mongolus\nlesser sand plover\nChloebia gouldiae\nGouldian finch\nDasyornis brachypterus\neastern bristlebird\nEclectus polychloros macgillivrayi\neclectus parrot (Cape York       Peninsula)\nEpthianura crocea macgregori\nyellow chat (Dawson)\nErythrotriorchis radiatus\nred goshawk\nLathamus discolor\nswift parrot\nLimosa lapponica baueri\nWestern Alaskan bar-tailed       godwit\nLimosa lapponica menzbieri\nNorthern Siberian bar-tailed godwit\nLimosa limosa\nblack-tailed godwit\nMacronectes giganteus\nsouthern giant-petrel\nMelanodryas cucullata cucullata\nhooded robin (south-eastern)\nNeochmia ruficauda ruficauda\nstar finch (eastern subspecies)\nPoephila cincta cincta\nblack-throated finch (white-rumped subspecies)\nProbosciger aterrimus macgillivrayi\nsouthern palm cockatoo\nPsephotellus chrysopterygius\ngolden-shouldered parrot\nRostratula australis\nAustralian painted snipe\nSternula nereis exsul\nNew Caledonian fairy tern\nThalassarche cauta\nshy albatross\nThalassarche chrysostoma\ngrey-headed albatross\nTringa nebularia\ncommon greenshank\nsch 1 s 20 amd 2021 SL No. 36 s 29 ; 2021 SL No. 165 s 16 ; 2022 SL No. 37 s 15 ; 2022 SL No. 166 s 16 ; 2023 SL No. 77 s 18 ; 2024 SL No. 196 s 29 ; 2025 SL No. 42 s 30","sortOrder":696},{"sectionNumber":"sch.1-sec.21","sectionType":"section","heading":"Fish","content":"### sch.1-sec.21 Fish\n\nScientific name\nCommon name\nBidyanus bidyanus\nsilver perch\nCairnsichthys rhombosomoides\nCairns rainbowfish\nCarcharias taurus\ngreynurse shark\nChlamydogobius micropterus\nElizabeth Springs goby\nHippocampus whitei\nWhite’s seahorse\nMaccullochella mariensis\nMary River cod\nMogurnda clivicola\nFlinders Ranges mogurnda\nMordacia praecox\nnon-parasitic lamprey\nNannoperca oxleyana\nOxleyan pygmy perch\nPristis pristis\nlargetooth sawfish\nPseudomugil mellis\nhoney blue eye\nScaturiginichthys vermeilipinnis\nredfin blue eye\nSphyrna lewini\nscalloped hammerhead\nStiphodon surrufus\nemerald cling goby\nsch 1 s 21 amd 2022 SL No. 166 s 17 ; 2023 SL No. 77 s 19 ; 2023 SL No. 186 s 15 ; 2024 SL No. 196 s 30 ; 2025 SL No. 42 s 31","sortOrder":697},{"sectionNumber":"sch.1-sec.22","sectionType":"section","heading":"Invertebrates","content":"### sch.1-sec.22 Invertebrates\n\nScientific name\nCommon name\nAdclarkia cameroni\nbrigalow woodland snail\nAdclarkia dawsonensis\nboggomoss snail\nAdclarkia dulacca\nDulacca woodland snail\nArgynnis hyperbius inconstans\nAustralian fritillary butterfly\nEuastacus balanensis\nBalan spiny crayfish\nEuastacus eungella\nEungella spiny crayfish\nEuastacus fleckeri\nFlecker’s crayfish\nEuastacus hystricosus\nConondale spiny crayfish\nEuastacus mirangudjin\norange-bellied crayfish\nEuastacus monteithorum\nMonteith’s spiny crayfish\nEuastacus robertsi\nRobert’s crayfish\nEuastacus suttoni\nSutton’s crayfish\nEuastacus urospinosus\nMaleny crayfish\nTenuibranchiurus glypticus\nswamp crayfish\nTrisyntopa scatophaga\nantbed moth\nsch 1 s 22 amd 2021 SL No. 36 s 30 ; 2022 SL No. 37 s 16 ; 2023 SL No. 77 s 20 ; 2024 SL No. 196 s 31 ; 2025 SL No. 154 s 9","sortOrder":698},{"sectionNumber":"sch.1-sec.23","sectionType":"section","heading":"Mammals","content":"### sch.1-sec.23 Mammals\n\nScientific name\nCommon name\nAntechinus argentus\nsilver-headed antechinus\nAntechinus arktos\nblack-tailed antechinus\nBettongia tropica\nnorthern bettong\nChalinolobus dwyeri\nlarge-eared pied bat\nDasyuroides byrnei\nkowari\nDasyurus maculatus gracilis\nspotted-tailed quoll (northern subspecies)\nDasyurus maculatus maculatus\nspotted-tailed quoll (south-eastern mainland population)\nHemibelideus lemuroides\nlemuroid ringtail possum\nHipposideros semoni\nSemon’s leaf-nosed bat\nMacroderma gigas\nghost bat\nMacrotis lagotis\ngreater bilby\nNotomys fuscus\ndusky hopping-mouse\nOnychogalea frenata\nbridled nailtail wallaby\nPetauroides volans volans\nsouthern greater glider\nPetaurus australis brevirostrum\nnorthern yellow-bellied glider\nPetaurus gracilis\nmahogany glider\nPetrogale coenensis\nCape York rock-wallaby\nPetrogale persephone\nProserpine rock-wallaby\nPhascolarctos cinereus\nkoala\nPseudomys oralis\nHastings River mouse\nPteropus conspicillatus\nspectacled flying-fox\nSaccolaimus saccolaimus nudicluniatus\nbare-rumped sheathtail bat\nsch 1 s 23 amd 2021 SL No. 36 s 31 ; 2021 SL No. 165 s 17 ; 2022 SL No. 37 s 17 ; 2023 SL No. 77 s 21 ; 2024 SL No. 196 s 32","sortOrder":699},{"sectionNumber":"sch.1-sec.24","sectionType":"section","heading":"Reptiles","content":"### sch.1-sec.24 Reptiles\n\nScientific name\nCommon name\nAnomalopus mackayi\nlong-legged worm skink\nCaretta caretta\nloggerhead turtle\nConcinnia frerei\nBartle Frere bar-sided skink\nCtenotus monticola\nAtherton ctenotus\nCtenotus rawlinsoni\nCape heath ctenotus\nDermochelys coriacea\nleatherback turtle\nEretmochelys imbricata\nhawksbill turtle\nHemiaspis damelii\ngrey snake\nKarma tryoni\nTryon’s skink\nLepidochelys olivacea\nolive ridley turtle\nLerista allanae\nretro slider\nLerista colliveri\nnubbined fine-lined slider\nLerista rochfordensis\nRochford slider\nLerista vittata\nMount Cooper slider\nPhyllurus caudiannulatus\nringed thin-tailed gecko\nRheodytes leukops\nFitzroy River turtle\nSaltuarius wyberba\ngranite leaf-tailed gecko\nTympanocryptis condaminensis\nCondamine earless dragon\nTympanocryptis wilsoni\nRoma earless dragon\nVaranus mertensi\nMertens’ water monitor\nWollumbinia belli\nBell’s turtle\nsch 1 s 24 amd 2021 SL No. 36 s 32 ; 2022 SL No. 166 s 18 ; 2023 SL No. 77 s 22 ; 2023 SL No. 186 s 16 ; 2024 SL No. 196 s 33 ; 2025 SL No. 42 s 32","sortOrder":700},{"sectionNumber":"sch.1-sec.25","sectionType":"section","heading":"Significance to nature and its value","content":"### sch.1-sec.25 Significance to nature and its value\n\nAn animal that is endangered wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the animal lives.\nWithout limiting subsection (1) , the animal represents—\na part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\na source of genetic information integral to an understanding of the evolution of the Australian biota; and\na genetic resource of potential benefit to society.\n(sch.1-sec.25-ssec.1) An animal that is endangered wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the animal lives.\n(sch.1-sec.25-ssec.2) Without limiting subsection (1) , the animal represents— a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and a source of genetic information integral to an understanding of the evolution of the Australian biota; and a genetic resource of potential benefit to society.\n- (a) a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\n- (b) a source of genetic information integral to an understanding of the evolution of the Australian biota; and\n- (c) a genetic resource of potential benefit to society.","sortOrder":701},{"sectionNumber":"sch.1-sec.26","sectionType":"section","heading":"Proposed management intent","content":"### sch.1-sec.26 Proposed management intent\n\nThe proposed management intent for an animal that is endangered wildlife is—\nto establish and maintain a database of information about the animal and its habitat; and\nto the extent practicable, to prepare and put into effect recovery plans or conservation plans for the animal and its habitat; and\nto seek funding to help achieve the objectives of the recovery plans or conservation plans; and\nto act to ensure viable populations of the animal in the wild are preserved or re-established; and\nto cooperate with the Commonwealth and other State agencies—\nfor the ongoing protection and management of the animal and its habitat; and\nto work towards a national conservation status for the animal and its habitat; and\nto implement education programs for land managers about—\nthreatening processes to the animal or its habitat; and\nthe conservation of the animal and its habitat; and\nto regularly monitor and review the conservation status of the animal and its habitat; and\nto encourage scientific research and inventory programs likely to contribute to an understanding of the animal or its habitat, including, for example, the requirements for conserving the animal or habitat; and\nto protect the critical habitat, or the areas of major interest, for the animal; and\nto monitor and review environmental impact procedures to ensure they—\naccurately assess the extent of the impact, on the animal, of the activities to which the procedures relate; and\nprovide for effective measures to mitigate any adverse impact of the activities on the animal; and\nif there is an adverse impact of the activities on an area in which the animal normally lives, provide for the enhancement of other areas where the animal normally lives.\n- (a) to establish and maintain a database of information about the animal and its habitat; and\n- (b) to the extent practicable, to prepare and put into effect recovery plans or conservation plans for the animal and its habitat; and\n- (c) to seek funding to help achieve the objectives of the recovery plans or conservation plans; and\n- (d) to act to ensure viable populations of the animal in the wild are preserved or re-established; and\n- (e) to cooperate with the Commonwealth and other State agencies— (i) for the ongoing protection and management of the animal and its habitat; and (ii) to work towards a national conservation status for the animal and its habitat; and\n- (i) for the ongoing protection and management of the animal and its habitat; and\n- (ii) to work towards a national conservation status for the animal and its habitat; and\n- (f) to implement education programs for land managers about— (i) threatening processes to the animal or its habitat; and (ii) the conservation of the animal and its habitat; and\n- (i) threatening processes to the animal or its habitat; and\n- (ii) the conservation of the animal and its habitat; and\n- (g) to regularly monitor and review the conservation status of the animal and its habitat; and\n- (h) to encourage scientific research and inventory programs likely to contribute to an understanding of the animal or its habitat, including, for example, the requirements for conserving the animal or habitat; and\n- (i) to protect the critical habitat, or the areas of major interest, for the animal; and\n- (j) to monitor and review environmental impact procedures to ensure they— (i) accurately assess the extent of the impact, on the animal, of the activities to which the procedures relate; and (ii) provide for effective measures to mitigate any adverse impact of the activities on the animal; and (iii) if there is an adverse impact of the activities on an area in which the animal normally lives, provide for the enhancement of other areas where the animal normally lives.\n- (i) accurately assess the extent of the impact, on the animal, of the activities to which the procedures relate; and\n- (ii) provide for effective measures to mitigate any adverse impact of the activities on the animal; and\n- (iii) if there is an adverse impact of the activities on an area in which the animal normally lives, provide for the enhancement of other areas where the animal normally lives.\n- (i) for the ongoing protection and management of the animal and its habitat; and\n- (ii) to work towards a national conservation status for the animal and its habitat; and\n- (i) threatening processes to the animal or its habitat; and\n- (ii) the conservation of the animal and its habitat; and\n- (i) accurately assess the extent of the impact, on the animal, of the activities to which the procedures relate; and\n- (ii) provide for effective measures to mitigate any adverse impact of the activities on the animal; and\n- (iii) if there is an adverse impact of the activities on an area in which the animal normally lives, provide for the enhancement of other areas where the animal normally lives.","sortOrder":702},{"sectionNumber":"sch.1-sec.27","sectionType":"section","heading":"Principles relating to proposed taking, keeping and use","content":"### sch.1-sec.27 Principles relating to proposed taking, keeping and use\n\nAn animal that is endangered wildlife may be taken, kept or used for display under the Act only if the taking, keeping or use—\nif the animal is taken in the wild—\nis for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or\nis authorised under a conservation plan for the animal; or\nif the animal is captive bred—\nis consistent with the management principles for the animal; and\nis not likely to reduce the ability of the animal’s population to expand.\nAn animal that is endangered wildlife may be taken, kept or used for a purpose other than display under the Act only if the taking, keeping or use—\nis consistent with the management principles for the animal; and\nis not likely to reduce the ability of the animal’s population to expand.\n(sch.1-sec.27-ssec.1) An animal that is endangered wildlife may be taken, kept or used for display under the Act only if the taking, keeping or use— if the animal is taken in the wild— is for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or is authorised under a conservation plan for the animal; or if the animal is captive bred— is consistent with the management principles for the animal; and is not likely to reduce the ability of the animal’s population to expand.\n(sch.1-sec.27-ssec.2) An animal that is endangered wildlife may be taken, kept or used for a purpose other than display under the Act only if the taking, keeping or use— is consistent with the management principles for the animal; and is not likely to reduce the ability of the animal’s population to expand.\n- (a) if the animal is taken in the wild— (i) is for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or (ii) is authorised under a conservation plan for the animal; or\n- (i) is for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or\n- (ii) is authorised under a conservation plan for the animal; or\n- (b) if the animal is captive bred— (i) is consistent with the management principles for the animal; and (ii) is not likely to reduce the ability of the animal’s population to expand.\n- (i) is consistent with the management principles for the animal; and\n- (ii) is not likely to reduce the ability of the animal’s population to expand.\n- (i) is for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or\n- (ii) is authorised under a conservation plan for the animal; or\n- (i) is consistent with the management principles for the animal; and\n- (ii) is not likely to reduce the ability of the animal’s population to expand.\n- (a) is consistent with the management principles for the animal; and\n- (b) is not likely to reduce the ability of the animal’s population to expand.","sortOrder":703},{"sectionNumber":"sch.1-pt.2-div.5","sectionType":"division","heading":"Vulnerable wildlife","content":"## Vulnerable wildlife","sortOrder":704},{"sectionNumber":"sch.1-sec.28","sectionType":"section","heading":"Amphibians","content":"### sch.1-sec.28 Amphibians\n\nScientific name\nCommon name\nAdelotus brevis\ntusked frog\nAssa darlingtoni\npouched frog\nCophixalus crepitans\nnorthern nursery frog\nCophixalus exiguus\ndainty nursery frog\nCophixalus peninsularis\nCape York nursery frog\nCrinia tinnula\nwallum froglet\nLitoria andiirrmalin\nMelville Range treefrog\nLitoria dayi\nlace-eyed treefrog\nLitoria freycineti\nwallum rocketfrog\nLitoria olongburensis\nwallum sedgefrog\nLitoria pearsoniana\ncascade treefrog\nLitoria subglandulosa\nNew England treefrog\nMixophyes iteratus\ngiant barred frog\nPseudophryne covacevichae\nmagnificent broodfrog\nsch 1 s 28 amd 2021 SL No. 36 s 33 ; 2023 SL No. 77 s 23 ; 2023 SL No. 186 s 17 ; 2025 SL No. 42 s 33","sortOrder":705},{"sectionNumber":"sch.1-sec.29","sectionType":"section","heading":"Birds","content":"### sch.1-sec.29 Birds\n\nScientific name\nCommon name\nAphelocephala leucopsis\nsouthern whiteface\nArdenna grisea\nsooty shearwater\nArdenna pacifica\nwedge-tailed shearwater\nArenaria interpres\nruddy turnstone\nAtrichornis rufescens\nrufous scrub-bird\nBolemoreus hindwoodi\nEungella honeyeater\nCalidris acuminata\nsharp-tailed sandpiper\nCalidris canutus\nred knot\nCalidris tenuirostris\ngreat knot\nCalyptorhynchus lathami\nglossy black-cockatoo\nCasuarius casuarius johnsonii (northern population)\nsouthern cassowary (northern population)\nCharadrius leschenaultii\ngreater sand plover\nClimacteris picumnus victoriae\nbrown treecreeper (south-eastern)\nDiomedea antipodensis antipodensis\nAntipodean albatross\nDiomedea antipodensis gibsoni\nGibson’s albatross\nDiomedea exulans\nwandering albatross\nEpthianura crocea crocea\nyellow chat (gulf)\nEsacus magnirostris\nbeach stone-curlew\nFalco hypoleucos\ngrey falcon\nGallinago hardwickii\nLatham’s snipe\nGeophaps scripta scripta\nsquatter pigeon (southern subspecies)\nGrantiella picta\npainted honeyeater\nHalobaena caerulea\nblue petrel\nHirundapus caudacutus\nwhite-throated needletail\nLimnodromus semipalmatus\nAsian dowitcher\nMacronectes halli\nnorthern giant-petrel\nMalurus coronatus\npurple-crowned fairy-wren\nNeophema chrysostoma\nblue-winged parrot\nNinox strenua\npowerful owl\nPezoporus wallicus wallicus\nground parrot\nPhaethon rubricauda\nred-tailed tropicbird\nPhoebetria fusca\nsooty albatross\nPluvialis squatarola\ngrey plover\nPodargus ocellatus plumiferus\nplumed frogmouth\nStagonopleura guttata\ndiamond firetail\nStipiturus malachurus\nsouthern emu-wren\nThalassarche bulleri\nBuller’s albatross\nThalassarche carteri\nIndian yellow-nosed albatross\nThalassarche steadi\nwhite-capped albatross\nTurnix melanogaster\nblack-breasted button-quail\nTyto novaehollandiae kimberli\nmasked owl (northern subspecies)\nXenus cinereus\nterek sandpiper\nsch 1 s 29 amd 2021 SL No. 36 s 34 ; 2021 SL No. 165 s 18 ; 2022 SL No. 166 s 19 ; 2024 SL No. 196 s 34 ; 2025 SL No. 42 s 34","sortOrder":706},{"sectionNumber":"sch.1-sec.30","sectionType":"section","heading":"Fish","content":"### sch.1-sec.30 Fish\n\nScientific name\nCommon name\nNeoceratodus forsteri\nAustralian lungfish\nStiphodon pelewensis\nDaintree cling goby\nStiphodon rutilaureus\norange cling goby\nsch 1 s 30 amd 2022 SL No. 166 s 20 ; 2023 SL No 77 s 24; 2024 SL No. 196 s 35","sortOrder":707},{"sectionNumber":"sch.1-sec.31","sectionType":"section","heading":"Invertebrates","content":"### sch.1-sec.31 Invertebrates\n\nScientific name\nCommon name\nAcrodipsas illidgei\nIllidge’s ant-blue\nCherax robustus\nsand yabby\nEuoplos grandis\nDarling Downs giant trapdoor       spider\nHypochrysops apollo apollo\nApollo jewel (Wet Tropics subspecies)\nJalmenus eubulus\npale imperial hairstreak\nOrnithoptera richmondia\nRichmond birdwing\nsch 1 s 31 amd 2021 SL No. 36 s 35 ; 2023 SL No. 186 s 18 ; 2024 SL No. 196 s 36","sortOrder":708},{"sectionNumber":"sch.1-sec.32","sectionType":"section","heading":"Mammals","content":"### sch.1-sec.32 Mammals\n\nScientific name\nCommon name\nArctocephalus tropicalis\nSubantarctic fur seal\nConilurus penicillatus\nbrush-tailed rabbit-rat\nDasycercus cristicauda\ncrest-tailed mulgara\nDugong dugon\ndugong\nHipposideros cervinus\nfawn leaf-nosed bat\nHipposideros stenotis\nnorthern leaf-nosed bat\nMurina florium\ntube-nosed insectivorous bat\nNotomys aquilo\nnorthern hopping-mouse\nNyctophilus corbeni\nCorben’s long-eared bat\nOrcaella heinsohni\nAustralian snubfin dolphin\nPetauroides volans minor\nnorthern greater glider\nPetaurus australis australis\nyellow-bellied glider (south-eastern subspecies)\nPetrogale penicillata\nbrush-tailed rock-wallaby\nPetrogale purpureicollis\npurple-necked rock-wallaby\nPetrogale sharmani\nSharman’s rock-wallaby\nPetrogale xanthopus celeris\nyellow-footed rock-wallaby\nPotorous tridactylus tridactylus\nlong-nosed potoroo\nPseudomys australis\nplains rat\nPseudomys novaehollandiae\nNew Holland mouse\nRhinolophus robertsi\ngreater large-eared horseshoe bat\nRhinonicteris aurantia\norange leaf-nosed bat\nSminthopsis douglasi\nJulia Creek dunnart\nSminthopsis leucopus janetzkiae\nwhite-footed dunnart\nSousa sahulensis\nAustralian humpback dolphin\nXeromys myoides\nfalse water-rat\nsch 1 s 32 amd 2021 SL No. 36 s 36 ; 2021 SL No. 165 s 19 ; 2022 SL No. 37 s 18 ; 2022 SL No. 166 s 21 ; 2023 SL No. 77 s 25 ; 2024 SL No. 196 s 37","sortOrder":709},{"sectionNumber":"sch.1-sec.33","sectionType":"section","heading":"Reptiles","content":"### sch.1-sec.33 Reptiles\n\nScientific name\nCommon name\nAcanthophis antarcticus\ncommon death adder\nAcanthophis hawkei\nplains death adder\nChelonia mydas\ngreen turtle\nCrocodylus porosus\nestuarine crocodile\nDelma torquata\ncollared delma\nDenisonia maculata\nornamental snake\nEgernia rugosa\nyakka skink\nElseya irwini\nIrwin’s turtle\nElseya lavarackorum\nGulf snapping turtle\nFurina dunmalli\nDunmall’s snake\nHarrisoniascincus zia\nrainforest cool-skink\nLerista cinerea\nvine-thicket fine-lined slider\nLerista ingrami\nMcIvor River slider\nMagmellia luteilateralis\norange-speckled forest-skink\nNatator depressus\nflatback turtle\nPhyllurus amnicola\nMount Elliot broad-tailed gecko\nPhyllurus championae\nConnors’ Range broad-tailed gecko\nPhyllurus isis\nMount Jukes broad-tailed gecko\nSaproscincus eungellensis\nEungella shadeskink\nsch 1 s 33 amd 2021 SL No. 36 s 37 ; 2021 SL No. 165 s 20 ; 2022 SL No. 37 s 19 ; 2022 SL No. 166 s 22 ; 2023 SL No. 77 s 26 ; 2023 SL No. 186 s 19 ; 2024 SL No. 196 s 38 ; 2025 SL No. 42 s 35","sortOrder":710},{"sectionNumber":"sch.1-sec.34","sectionType":"section","heading":"Significance to nature and its value","content":"### sch.1-sec.34 Significance to nature and its value\n\nAn animal that is vulnerable wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the animal lives.\nWithout limiting subsection (1) , the animal represents—\na part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\na source of genetic information integral to an understanding of the evolution of the Australian biota; and\na genetic resource of potential benefit to society.\n(sch.1-sec.34-ssec.1) An animal that is vulnerable wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the animal lives.\n(sch.1-sec.34-ssec.2) Without limiting subsection (1) , the animal represents— a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and a source of genetic information integral to an understanding of the evolution of the Australian biota; and a genetic resource of potential benefit to society.\n- (a) a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\n- (b) a source of genetic information integral to an understanding of the evolution of the Australian biota; and\n- (c) a genetic resource of potential benefit to society.","sortOrder":711},{"sectionNumber":"sch.1-sec.35","sectionType":"section","heading":"Proposed management intent","content":"### sch.1-sec.35 Proposed management intent\n\nThe proposed management intent for an animal that is vulnerable wildlife is—\nto establish and maintain a database of information about the animal and its habitat; and\nto the extent practicable, to prepare and put into effect recovery plans or conservation plans for the animal and its habitat; and\nto seek funding to help achieve the objectives of the recovery plans or conservation plans; and\nto act to ensure viable populations of the animal in the wild are preserved or re-established; and\nto cooperate with the Commonwealth and other State agencies—\nfor the ongoing protection and management of the animal and its habitat; and\nto work towards a national conservation status for the animal and its habitat; and\nto implement education programs for land managers about—\nthreatening processes to the animal or its habitat; and\nthe conservation of the animal and its habitat; and\nto regularly monitor and review the conservation status of the animal and its habitat; and\nto encourage scientific research likely to contribute to an understanding of the animal or its habitat including, for example, the requirements for conserving the animal or habitat; and\nto protect the critical habitat, or the areas of major interest, for the animal; and\nto monitor and review environmental impact procedures to ensure they—\naccurately assess the extent of the impact, on the animal, of the activities to which the procedures relate; and\nprovide for effective measures to mitigate any adverse impact of the activities on the animal; and\nif there is an adverse impact of the activities on an area in which the animal normally lives, provide for the enhancement of other areas where the animal normally lives.\n- (a) to establish and maintain a database of information about the animal and its habitat; and\n- (b) to the extent practicable, to prepare and put into effect recovery plans or conservation plans for the animal and its habitat; and\n- (c) to seek funding to help achieve the objectives of the recovery plans or conservation plans; and\n- (d) to act to ensure viable populations of the animal in the wild are preserved or re-established; and\n- (e) to cooperate with the Commonwealth and other State agencies— (i) for the ongoing protection and management of the animal and its habitat; and (ii) to work towards a national conservation status for the animal and its habitat; and\n- (i) for the ongoing protection and management of the animal and its habitat; and\n- (ii) to work towards a national conservation status for the animal and its habitat; and\n- (f) to implement education programs for land managers about— (i) threatening processes to the animal or its habitat; and (ii) the conservation of the animal and its habitat; and\n- (i) threatening processes to the animal or its habitat; and\n- (ii) the conservation of the animal and its habitat; and\n- (g) to regularly monitor and review the conservation status of the animal and its habitat; and\n- (h) to encourage scientific research likely to contribute to an understanding of the animal or its habitat including, for example, the requirements for conserving the animal or habitat; and\n- (i) to protect the critical habitat, or the areas of major interest, for the animal; and\n- (j) to monitor and review environmental impact procedures to ensure they— (i) accurately assess the extent of the impact, on the animal, of the activities to which the procedures relate; and (ii) provide for effective measures to mitigate any adverse impact of the activities on the animal; and (iii) if there is an adverse impact of the activities on an area in which the animal normally lives, provide for the enhancement of other areas where the animal normally lives.\n- (i) accurately assess the extent of the impact, on the animal, of the activities to which the procedures relate; and\n- (ii) provide for effective measures to mitigate any adverse impact of the activities on the animal; and\n- (iii) if there is an adverse impact of the activities on an area in which the animal normally lives, provide for the enhancement of other areas where the animal normally lives.\n- (i) for the ongoing protection and management of the animal and its habitat; and\n- (ii) to work towards a national conservation status for the animal and its habitat; and\n- (i) threatening processes to the animal or its habitat; and\n- (ii) the conservation of the animal and its habitat; and\n- (i) accurately assess the extent of the impact, on the animal, of the activities to which the procedures relate; and\n- (ii) provide for effective measures to mitigate any adverse impact of the activities on the animal; and\n- (iii) if there is an adverse impact of the activities on an area in which the animal normally lives, provide for the enhancement of other areas where the animal normally lives.","sortOrder":712},{"sectionNumber":"sch.1-sec.36","sectionType":"section","heading":"Principles relating to proposed taking, keeping and use","content":"### sch.1-sec.36 Principles relating to proposed taking, keeping and use\n\nAn animal that is vulnerable wildlife may be taken, kept or used for display under the Act only if the taking, keeping or use—\nif the animal is taken in the wild—\nis for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or\nis authorised under a conservation plan for the animal; or\nif the animal is captive bred—\nis consistent with the management principles for the animal; and\nis not likely to reduce the ability of the animal’s population to expand.\nAn animal that is vulnerable wildlife may be taken, kept or used for a purpose other than display under the Act only if the taking, keeping or use—\nis consistent with the management principles for the animal; and\nis not likely to reduce the ability of the animal’s population to expand.\n(sch.1-sec.36-ssec.1) An animal that is vulnerable wildlife may be taken, kept or used for display under the Act only if the taking, keeping or use— if the animal is taken in the wild— is for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or is authorised under a conservation plan for the animal; or if the animal is captive bred— is consistent with the management principles for the animal; and is not likely to reduce the ability of the animal’s population to expand.\n(sch.1-sec.36-ssec.2) An animal that is vulnerable wildlife may be taken, kept or used for a purpose other than display under the Act only if the taking, keeping or use— is consistent with the management principles for the animal; and is not likely to reduce the ability of the animal’s population to expand.\n- (a) if the animal is taken in the wild— (i) is for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or (ii) is authorised under a conservation plan for the animal; or\n- (i) is for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or\n- (ii) is authorised under a conservation plan for the animal; or\n- (b) if the animal is captive bred— (i) is consistent with the management principles for the animal; and (ii) is not likely to reduce the ability of the animal’s population to expand.\n- (i) is consistent with the management principles for the animal; and\n- (ii) is not likely to reduce the ability of the animal’s population to expand.\n- (i) is for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or\n- (ii) is authorised under a conservation plan for the animal; or\n- (i) is consistent with the management principles for the animal; and\n- (ii) is not likely to reduce the ability of the animal’s population to expand.\n- (a) is consistent with the management principles for the animal; and\n- (b) is not likely to reduce the ability of the animal’s population to expand.","sortOrder":713},{"sectionNumber":"sch.1-pt.2-div.6","sectionType":"division","heading":"Near threatened wildlife","content":"## Near threatened wildlife","sortOrder":714},{"sectionNumber":"sch.1-sec.37","sectionType":"section","heading":"Amphibians","content":"### sch.1-sec.37 Amphibians\n\nScientific name\nCommon name\nLitoria cooloolensis\nCooloola sedgefrog\nLitoria longirostris\nlong snouted treefrog\nTaudactylus liemi\nEungella tinkerfrog\nsch 1 s 37 amd 2021 SL No. 165 s 21","sortOrder":715},{"sectionNumber":"sch.1-sec.38","sectionType":"section","heading":"Birds","content":"### sch.1-sec.38 Birds\n\nScientific name\nCommon name\nAmytornis barbatus diamantina\ngrey grasswren (Lake Eyre Basin)\nAmytornis rowleyi\nrusty grasswren\nErythrura trichroa\nblue-faced parrot-finch\nMenura alberti\nAlbert’s lyrebird\nNinox rufa meesi\nrufous owl (Cape York subspecies)","sortOrder":716},{"sectionNumber":"sch.1-sec.39","sectionType":"section","heading":"Fish","content":"### sch.1-sec.39 Fish\n\nScientific name\nCommon name\nHemitrygon fluviorum\nestuary stingray\nsch 1 s 39 amd 2022 SL No. 37 s 20","sortOrder":717},{"sectionNumber":"sch.1-sec.40","sectionType":"section","heading":"Mammals","content":"### sch.1-sec.40 Mammals\n\nScientific name\nCommon name\nDendrolagus bennettianus\nBennett’s tree-kangaroo\nDendrolagus lumholtzi\nLumholtz’s tree-kangaroo\nHipposideros diadema reginae\ndiadem leaf-nosed bat\nSminthopsis archeri\nchestnut dunnart\nTaphozous australis\ncoastal sheathtail bat\nVombatus ursinus\nbare-nosed wombat","sortOrder":718},{"sectionNumber":"sch.1-sec.41","sectionType":"section","heading":"Reptiles","content":"### sch.1-sec.41 Reptiles\n\nScientific name\nCommon name\nAnilios silvia\nCooloola blind snake\nAspidites ramsayi\nwoma\nCtenotus capricorni\nCapricorn ctenotus\nCtenotus schevilli\nspotted black-soil ctenotus\nDelma mitella\nAtherton delma\nEmoia atrocostata atrocostata\nlittoral whip-tail skink\nEmydura subglobosa worrelli\ndiamond head turtle\nLampropholis colossus\nBunya Mountains sunskink\nLampropholis mirabilis\nsaxicoline sunskink\nLepidodactylus pumilus\nslender chained gecko\nLerista ameles\nlimbless fine-lined slider\nLerista hobsoni\nHobson’s fine-lined slider\nLygisaurus rococo\nChillagoe litter-skink\nLygisaurus tanneri\nEndeavour River litter-skink\nMorelia viridis\ngreen python (Australian population)\nStrophurus taenicauda\ngolden-tailed gecko\nVaranus prasinus\nemerald monitor\nsch 1 s 41 amd 2022 SL No. 166 s 23 ; 2024 SL No. 196 s 39","sortOrder":719},{"sectionNumber":"sch.1-sec.42","sectionType":"section","heading":"Significance to nature and its value","content":"### sch.1-sec.42 Significance to nature and its value\n\nAn animal that is near threatened wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the animal lives.\nWithout limiting subsection (1) , the animal represents—\na part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\na source of genetic information integral to an understanding of the evolution of the Australian biota; and\na genetic resource of potential benefit to society.\n(sch.1-sec.42-ssec.1) An animal that is near threatened wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the animal lives.\n(sch.1-sec.42-ssec.2) Without limiting subsection (1) , the animal represents— a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and a source of genetic information integral to an understanding of the evolution of the Australian biota; and a genetic resource of potential benefit to society.\n- (a) a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\n- (b) a source of genetic information integral to an understanding of the evolution of the Australian biota; and\n- (c) a genetic resource of potential benefit to society.","sortOrder":720},{"sectionNumber":"sch.1-sec.43","sectionType":"section","heading":"Proposed management intent","content":"### sch.1-sec.43 Proposed management intent\n\nThe proposed management intent for an animal that is near threatened wildlife is—\nto establish and maintain a database of information about the animal and its habitat; and\nto monitor and review the conservation status of the animal and its habitat; and\nto the extent practicable, to put into effect strategies to address any threats to the conservation of the animal; and\nto act to prevent the further population decline of the animal in the wild; and\nto cooperate with the Commonwealth and other State agencies—\nfor the ongoing protection and management of the animal and its habitat; and\nto work towards a national conservation status for the animal and its habitat; and\nto monitor and review information about the requirements for the conservation of the animal and its habitat; and\nto encourage scientific research likely to contribute to an understanding of the animal or its habitat, including, for example, the requirements for conserving the animal or habitat; and\nif a threatening process is affecting the animal to the extent that it is likely to become classified as extinct wildlife, extinct in the wild wildlife, critically endangered wildlife, endangered wildlife or vulnerable wildlife (each the new class of wildlife )—to manage the animal as if it were in the new class of wildlife until the animal is reclassified as another class of wildlife; and\nto protect the critical habitat, or the areas of major interest, for the animal; and\nto monitor and review environmental impact procedures to ensure they—\naccurately assess the extent of the impact, on the animal, of the activities to which the procedures relate; and\nprovide for effective measures to mitigate any adverse impact of the activities on the animal; and\nif there is an adverse impact of the activities on an area in which the animal normally lives, provide for the enhancement of other areas where the animal normally lives.\n- (a) to establish and maintain a database of information about the animal and its habitat; and\n- (b) to monitor and review the conservation status of the animal and its habitat; and\n- (c) to the extent practicable, to put into effect strategies to address any threats to the conservation of the animal; and\n- (d) to act to prevent the further population decline of the animal in the wild; and\n- (e) to cooperate with the Commonwealth and other State agencies— (i) for the ongoing protection and management of the animal and its habitat; and (ii) to work towards a national conservation status for the animal and its habitat; and\n- (i) for the ongoing protection and management of the animal and its habitat; and\n- (ii) to work towards a national conservation status for the animal and its habitat; and\n- (f) to monitor and review information about the requirements for the conservation of the animal and its habitat; and\n- (g) to encourage scientific research likely to contribute to an understanding of the animal or its habitat, including, for example, the requirements for conserving the animal or habitat; and\n- (h) if a threatening process is affecting the animal to the extent that it is likely to become classified as extinct wildlife, extinct in the wild wildlife, critically endangered wildlife, endangered wildlife or vulnerable wildlife (each the new class of wildlife )—to manage the animal as if it were in the new class of wildlife until the animal is reclassified as another class of wildlife; and\n- (i) to protect the critical habitat, or the areas of major interest, for the animal; and\n- (j) to monitor and review environmental impact procedures to ensure they— (i) accurately assess the extent of the impact, on the animal, of the activities to which the procedures relate; and (ii) provide for effective measures to mitigate any adverse impact of the activities on the animal; and (iii) if there is an adverse impact of the activities on an area in which the animal normally lives, provide for the enhancement of other areas where the animal normally lives.\n- (i) accurately assess the extent of the impact, on the animal, of the activities to which the procedures relate; and\n- (ii) provide for effective measures to mitigate any adverse impact of the activities on the animal; and\n- (iii) if there is an adverse impact of the activities on an area in which the animal normally lives, provide for the enhancement of other areas where the animal normally lives.\n- (i) for the ongoing protection and management of the animal and its habitat; and\n- (ii) to work towards a national conservation status for the animal and its habitat; and\n- (i) accurately assess the extent of the impact, on the animal, of the activities to which the procedures relate; and\n- (ii) provide for effective measures to mitigate any adverse impact of the activities on the animal; and\n- (iii) if there is an adverse impact of the activities on an area in which the animal normally lives, provide for the enhancement of other areas where the animal normally lives.","sortOrder":721},{"sectionNumber":"sch.1-sec.44","sectionType":"section","heading":"Principles relating to proposed taking, keeping and use","content":"### sch.1-sec.44 Principles relating to proposed taking, keeping and use\n\nAn animal that is near threatened wildlife may be taken, kept or used for display under the Act only if the taking, keeping or use—\nif the animal is taken in the wild—\nis for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or\nis authorised under a conservation plan for the animal; or\nif the animal is captive bred—\nis consistent with the management principles for the animal; and\nis not likely to reduce the ability of the animal’s population to expand.\nAn animal that is near threatened wildlife may be taken, kept or used for a purpose other than display under the Act only if the taking, keeping or use—\nis consistent with the management principles for the animal; and\nis not likely to reduce the ability of the animal’s population to expand.\n(sch.1-sec.44-ssec.1) An animal that is near threatened wildlife may be taken, kept or used for display under the Act only if the taking, keeping or use— if the animal is taken in the wild— is for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or is authorised under a conservation plan for the animal; or if the animal is captive bred— is consistent with the management principles for the animal; and is not likely to reduce the ability of the animal’s population to expand.\n(sch.1-sec.44-ssec.2) An animal that is near threatened wildlife may be taken, kept or used for a purpose other than display under the Act only if the taking, keeping or use— is consistent with the management principles for the animal; and is not likely to reduce the ability of the animal’s population to expand.\n- (a) if the animal is taken in the wild— (i) is for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or (ii) is authorised under a conservation plan for the animal; or\n- (i) is for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or\n- (ii) is authorised under a conservation plan for the animal; or\n- (b) if the animal is captive bred— (i) is consistent with the management principles for the animal; and (ii) is not likely to reduce the ability of the animal’s population to expand.\n- (i) is consistent with the management principles for the animal; and\n- (ii) is not likely to reduce the ability of the animal’s population to expand.\n- (i) is for an approved captive breeding program for the animal to be conducted under an approved recovery plan for the animal; or\n- (ii) is authorised under a conservation plan for the animal; or\n- (i) is consistent with the management principles for the animal; and\n- (ii) is not likely to reduce the ability of the animal’s population to expand.\n- (a) is consistent with the management principles for the animal; and\n- (b) is not likely to reduce the ability of the animal’s population to expand.","sortOrder":722},{"sectionNumber":"sch.1-pt.2-div.7","sectionType":"division","heading":"Least concern wildlife","content":"## Least concern wildlife","sortOrder":723},{"sectionNumber":"sch.1-sec.45","sectionType":"section","heading":"Amphibians","content":"### sch.1-sec.45 Amphibians\n\nA native amphibian, other than an amphibian prescribed as another class of wildlife.\nsch 1 s 45 amd 2021 SL No. 36 s 38","sortOrder":724},{"sectionNumber":"sch.1-sec.46","sectionType":"section","heading":"Birds","content":"### sch.1-sec.46 Birds\n\nA native bird, other than a bird prescribed as another class of wildlife.\nsch 1 s 46 amd 2021 SL No. 36 s 39","sortOrder":725},{"sectionNumber":"sch.1-sec.47","sectionType":"section","heading":"Invertebrates","content":"### sch.1-sec.47 Invertebrates\n\nA native scorpion of the genus Urodacus , other than a scorpion prescribed as another class of wildlife.\nA native spider of the family Theraphosidae, other than a spider prescribed as another class of wildlife.\nThe following butterflies—\nScientific name\nCommon name\nAllora doleschallii doleschallii\npeacock awl\nChaetocneme sphinterifera sphinterifera\nbanded dusk-flat\nEuschemon rafflesia alba\nregent skipper (northern subspecies)\nHypochrysops elgneri barnardi\namethyst jewel\nLiphyra brassolis major\nmoth butterfly\nNacaduba pactolus cela\nbold blue-line\nOrnithoptera spp. (other than Ornithoptera richmondia )\nbirdwing butterflies (other than the Richmond birdwing butterfly)\nPapilio ulysses joesa\nUlysses butterfly\nTrapezites symmomus sombra\nsplendid ochre (Wet Tropics subspecies)\nA native crayfish of the species Euastacus sulcatus with the common name ‘Lamington spiny crayfish’.\nsch 1 s 47 amd 2021 SL No. 36 s 40 ; 2022 SL No. 166 s 24 ; 2023 SL No. 186 s 20\n(sch.1-sec.47-ssec.1) A native scorpion of the genus Urodacus , other than a scorpion prescribed as another class of wildlife.\n(sch.1-sec.47-ssec.2) A native spider of the family Theraphosidae, other than a spider prescribed as another class of wildlife.\n(sch.1-sec.47-ssec.3) The following butterflies— Scientific name Common name Allora doleschallii doleschallii peacock awl Chaetocneme sphinterifera sphinterifera banded dusk-flat Euschemon rafflesia alba regent skipper (northern subspecies) Hypochrysops elgneri barnardi amethyst jewel Liphyra brassolis major moth butterfly Nacaduba pactolus cela bold blue-line Ornithoptera spp. (other than Ornithoptera richmondia ) birdwing butterflies (other than the Richmond birdwing butterfly) Papilio ulysses joesa Ulysses butterfly Trapezites symmomus sombra splendid ochre (Wet Tropics subspecies)\n(sch.1-sec.47-ssec.4) A native crayfish of the species Euastacus sulcatus with the common name ‘Lamington spiny crayfish’.","sortOrder":726},{"sectionNumber":"sch.1-sec.48","sectionType":"section","heading":"Mammals","content":"### sch.1-sec.48 Mammals\n\nA native mammal, other than the following—\na mammal prescribed as another class of wildlife;\na dingo.\nThe following mammals—\nan echidna ( Tachyglossus aculeatus );\na platypus ( Ornithorhynchus anatinus ).\nsch 1 s 48 amd 2021 SL No. 36 s 41 ; 2022 SL No. 37 s 21\n(sch.1-sec.48-ssec.1) A native mammal, other than the following— a mammal prescribed as another class of wildlife; a dingo.\n(sch.1-sec.48-ssec.2) The following mammals— an echidna ( Tachyglossus aculeatus ); a platypus ( Ornithorhynchus anatinus ).\n- (a) a mammal prescribed as another class of wildlife;\n- (b) a dingo.\n- (a) an echidna ( Tachyglossus aculeatus );\n- (b) a platypus ( Ornithorhynchus anatinus ).","sortOrder":727},{"sectionNumber":"sch.1-sec.49","sectionType":"section","heading":"Reptiles","content":"### sch.1-sec.49 Reptiles\n\nA native reptile, other than a reptile prescribed as another class of wildlife.\nsch 1 s 49 amd 2021 SL No. 36 s 42","sortOrder":728},{"sectionNumber":"sch.1-sec.50","sectionType":"section","heading":"Significance to nature and its value","content":"### sch.1-sec.50 Significance to nature and its value\n\nAn animal that is least concern wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the animal lives.\nWithout limiting subsection (1) , the animal represents—\na part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\na source of genetic information integral to an understanding of the evolution of the Australian biota; and\na genetic resource of potential benefit to society.\n(sch.1-sec.50-ssec.1) An animal that is least concern wildlife is a component of Queensland’s biodiversity and a vital feature of the ecosystem in which the animal lives.\n(sch.1-sec.50-ssec.2) Without limiting subsection (1) , the animal represents— a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and a source of genetic information integral to an understanding of the evolution of the Australian biota; and a genetic resource of potential benefit to society.\n- (a) a part of the Australian biota that is of inherent value and potential importance for the maintenance of ecosystem processes; and\n- (b) a source of genetic information integral to an understanding of the evolution of the Australian biota; and\n- (c) a genetic resource of potential benefit to society.","sortOrder":729},{"sectionNumber":"sch.1-sec.51","sectionType":"section","heading":"Proposed management intent","content":"### sch.1-sec.51 Proposed management intent\n\nThe proposed management intent for an animal that is least concern wildlife is—\nto monitor and review the conservation status of the animal; and\nto the extent practicable, to prepare and put into effect conservation plans or other instruments for the animal if—\nthe animal is of commercial, recreational, traditional or potential conservation interest; or\nthe chief executive considers the animal to be potentially vulnerable; and\nto encourage scientific research and inventory programs likely to contribute to an understanding of the animal or the Australian biota; and\nto incorporate into educational material and programs provided by the department, information about the animal’s contribution to Queensland’s and Australia’s biodiversity; and\nfor a special least concern animal—to ensure each person exercising a power or carrying out a function for a public sector unit has regard to the following when exercising the power or carrying out the function—\nthe special cultural significance of the animal;\nthe need to conserve existing populations of the animal.\nIn this section—\nspecial least concern animal means the following—\nan echidna ( Tachyglossus aculeatus );\na platypus ( Ornithorhynchus anatinus );\na least concern bird to which any of the following agreements apply—\nthe agreement called ‘Agreement Between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment’, signed at Tokyo on 6 February 1974;\nthe agreement called ‘Agreement Between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds and their Environment’, signed at Canberra on 20 October 1986;\nthe agreement called ‘Agreement Between the Government of Australia and the Government of the Republic of Korea on the Protection of Migratory Birds and Exchange of Notes’, signed at Canberra on 6 December 2006;\nthe convention called ‘Convention on the Conservation of Migratory Species of Wild Animals’, signed at Bonn on 23 June 1979.\n(sch.1-sec.51-ssec.1) The proposed management intent for an animal that is least concern wildlife is— to monitor and review the conservation status of the animal; and to the extent practicable, to prepare and put into effect conservation plans or other instruments for the animal if— the animal is of commercial, recreational, traditional or potential conservation interest; or the chief executive considers the animal to be potentially vulnerable; and to encourage scientific research and inventory programs likely to contribute to an understanding of the animal or the Australian biota; and to incorporate into educational material and programs provided by the department, information about the animal’s contribution to Queensland’s and Australia’s biodiversity; and for a special least concern animal—to ensure each person exercising a power or carrying out a function for a public sector unit has regard to the following when exercising the power or carrying out the function— the special cultural significance of the animal; the need to conserve existing populations of the animal.\n(sch.1-sec.51-ssec.2) In this section— special least concern animal means the following— an echidna ( Tachyglossus aculeatus ); a platypus ( Ornithorhynchus anatinus ); a least concern bird to which any of the following agreements apply— the agreement called ‘Agreement Between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment’, signed at Tokyo on 6 February 1974; the agreement called ‘Agreement Between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds and their Environment’, signed at Canberra on 20 October 1986; the agreement called ‘Agreement Between the Government of Australia and the Government of the Republic of Korea on the Protection of Migratory Birds and Exchange of Notes’, signed at Canberra on 6 December 2006; the convention called ‘Convention on the Conservation of Migratory Species of Wild Animals’, signed at Bonn on 23 June 1979.\n- (a) to monitor and review the conservation status of the animal; and\n- (b) to the extent practicable, to prepare and put into effect conservation plans or other instruments for the animal if— (i) the animal is of commercial, recreational, traditional or potential conservation interest; or (ii) the chief executive considers the animal to be potentially vulnerable; and\n- (i) the animal is of commercial, recreational, traditional or potential conservation interest; or\n- (ii) the chief executive considers the animal to be potentially vulnerable; and\n- (c) to encourage scientific research and inventory programs likely to contribute to an understanding of the animal or the Australian biota; and\n- (d) to incorporate into educational material and programs provided by the department, information about the animal’s contribution to Queensland’s and Australia’s biodiversity; and\n- (e) for a special least concern animal—to ensure each person exercising a power or carrying out a function for a public sector unit has regard to the following when exercising the power or carrying out the function— (i) the special cultural significance of the animal; (ii) the need to conserve existing populations of the animal.\n- (i) the special cultural significance of the animal;\n- (ii) the need to conserve existing populations of the animal.\n- (i) the animal is of commercial, recreational, traditional or potential conservation interest; or\n- (ii) the chief executive considers the animal to be potentially vulnerable; and\n- (i) the special cultural significance of the animal;\n- (ii) the need to conserve existing populations of the animal.\n- (a) an echidna ( Tachyglossus aculeatus );\n- (b) a platypus ( Ornithorhynchus anatinus );\n- (c) a least concern bird to which any of the following agreements apply— (i) the agreement called ‘Agreement Between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment’, signed at Tokyo on 6 February 1974; (ii) the agreement called ‘Agreement Between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds and their Environment’, signed at Canberra on 20 October 1986; (iii) the agreement called ‘Agreement Between the Government of Australia and the Government of the Republic of Korea on the Protection of Migratory Birds and Exchange of Notes’, signed at Canberra on 6 December 2006; (iv) the convention called ‘Convention on the Conservation of Migratory Species of Wild Animals’, signed at Bonn on 23 June 1979.\n- (i) the agreement called ‘Agreement Between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment’, signed at Tokyo on 6 February 1974;\n- (ii) the agreement called ‘Agreement Between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds and their Environment’, signed at Canberra on 20 October 1986;\n- (iii) the agreement called ‘Agreement Between the Government of Australia and the Government of the Republic of Korea on the Protection of Migratory Birds and Exchange of Notes’, signed at Canberra on 6 December 2006;\n- (iv) the convention called ‘Convention on the Conservation of Migratory Species of Wild Animals’, signed at Bonn on 23 June 1979.\n- (i) the agreement called ‘Agreement Between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment’, signed at Tokyo on 6 February 1974;\n- (ii) the agreement called ‘Agreement Between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds and their Environment’, signed at Canberra on 20 October 1986;\n- (iii) the agreement called ‘Agreement Between the Government of Australia and the Government of the Republic of Korea on the Protection of Migratory Birds and Exchange of Notes’, signed at Canberra on 6 December 2006;\n- (iv) the convention called ‘Convention on the Conservation of Migratory Species of Wild Animals’, signed at Bonn on 23 June 1979.","sortOrder":730},{"sectionNumber":"sch.1-sec.52","sectionType":"section","heading":"Principles relating to proposed taking, keeping and use","content":"### sch.1-sec.52 Principles relating to proposed taking, keeping and use\n\nAn animal that is least concern wildlife may be taken, kept or used under the Act only if the taking, keeping or use is consistent with the management principles for the animal.","sortOrder":731},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"International wildlife","content":"# International wildlife","sortOrder":732},{"sectionNumber":"sch.1-pt.3-div.1","sectionType":"division","heading":"Animals","content":"## Animals","sortOrder":733},{"sectionNumber":"sch.1-sec.53","sectionType":"section","heading":"Birds","content":"### sch.1-sec.53 Birds\n\nScientific name\nCommon name\nEclectus roratus , other than the Australian population of Eclectus roratus\neclectus parrot\nsch 1 s 53 amd 2022 SL No. 37 s 22","sortOrder":734},{"sectionNumber":"sch.1-sec.54","sectionType":"section","heading":"Reptiles","content":"### sch.1-sec.54 Reptiles\n\nScientific name\nCommon name\nLeiopython sp.\nwhite-lipped python\nMorelia viridis , other than the Australian population of Morelia viridis\ngreen python\nsch 1 s 54 amd 2021 SL No. 165 s 22","sortOrder":735},{"sectionNumber":"sch.1-pt.3-div.2","sectionType":"division","heading":"Declared management intent","content":"## Declared management intent","sortOrder":736},{"sectionNumber":"sch.1-sec.55","sectionType":"section","heading":"Significance to nature and its value","content":"### sch.1-sec.55 Significance to nature and its value\n\nAn animal that is international wildlife represents a source of important information that may assist in understanding the processes that influence the evolution of the Australian biota.","sortOrder":737},{"sectionNumber":"sch.1-sec.56","sectionType":"section","heading":"Proposed management intent","content":"### sch.1-sec.56 Proposed management intent\n\nThe proposed management intent for an animal that is international wildlife is—\nto give active support to the principles and objectives of CITES in consultation with the Commonwealth and other State agencies; and\nto monitor the use of the animal in Queensland, including trade in the animal, having particular regard to—\nwhether the animal interferes with the natural biodiversity of native wildlife; and\nwhether the use of the animal is likely to result in the introduction of exotic diseases into Queensland.\n- (a) to give active support to the principles and objectives of CITES in consultation with the Commonwealth and other State agencies; and\n- (b) to monitor the use of the animal in Queensland, including trade in the animal, having particular regard to— (i) whether the animal interferes with the natural biodiversity of native wildlife; and (ii) whether the use of the animal is likely to result in the introduction of exotic diseases into Queensland.\n- (i) whether the animal interferes with the natural biodiversity of native wildlife; and\n- (ii) whether the use of the animal is likely to result in the introduction of exotic diseases into Queensland.\n- (i) whether the animal interferes with the natural biodiversity of native wildlife; and\n- (ii) whether the use of the animal is likely to result in the introduction of exotic diseases into Queensland.","sortOrder":738},{"sectionNumber":"sch.1-sec.57","sectionType":"section","heading":"Principles relating to proposed taking, keeping and use","content":"### sch.1-sec.57 Principles relating to proposed taking, keeping and use\n\nAn animal that is international wildlife may be taken, kept or used under the Act only if the taking, keeping or use poses no risk, or only a minimal risk, to the conservation of nature.","sortOrder":739},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Conservation value for protected animals","content":"# Conservation value for protected animals","sortOrder":740},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Persons exempt from payment of conservation value","content":"# Persons exempt from payment of conservation value","sortOrder":741},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Exempt animals","content":"# Exempt animals","sortOrder":742},{"sectionNumber":"sch.3-sec.1","sectionType":"section","heading":"Birds","content":"### sch.3-sec.1 Birds\n\nScientific name\nCommon name\nBarnardius zonarius\nAustralian ringneck\nCacatua galerita\nsulphur-crested cockatoo\nCacatua pastinator\nwestern corella\nCacatua sanguinea\nlittle corella\nCacatua tenuirostris\nlong-billed corella\nChalcophaps longirostris\nemerald dove\nChloebia gouldiae\nGouldian finch\nCoturnix pectoralis\nstubble quail\nEmblema pictum\npainted finch\nEolophus roseicapilla\ngalah\nErythrura trichroa\nblue-faced parrot finch\nGeopelia cuneata\ndiamond dove\nGeopelia humeralis\nbar-shouldered dove\nGeopelia striata\npeaceful dove\nGeophaps plumifera\nspinifex pigeon\nGlossopsitta concinna\nmusk lorikeet\nHeteromunia pectoralis\npictorella mannikin\nLonchura castaneothorax\nchestnut-breasted mannikin\nLonchura flaviprymna\nyellow-rumped mannikin\nMelopsittacus undulatus\nbudgerigar\nNeochmia modesta\nplum-headed finch\nNeochmia phaeton\ncrimson finch\nNeochmia ruficauda\nstar finch\nNeochmia temporalis\nred-browed finch\nNeophema chrysostoma\nblue-winged parrot\nNeophema elegans\nelegant parrot\nNeophema petrophila\nrock parrot\nNeophema pulchella\nturquoise parrot\nNeophema splendida\nscarlet-chested parrot\nNeopsephotus bourkii\nBourke’s parrot\nNorthiella haematogaster\nblue bonnet\nNymphicus hollandicus\ncockatiel\nOcyphaps lophotes\ncrested pigeon\nParvipsitta porphyrocephala\npurple-crowned lorikeet\nParvipsitta pusilla\nlittle lorikeet\nPhaps chalcoptera\ncommon bronzewing\nPlatycercus adscitus\npale-headed rosella\nPlatycercus elegans adelaidae\nAdelaide rosella\nPlatycercus elegans elegans\ncrimson rosella\nPlatycercus elegans flaveolus\nyellow rosella\nPlatycercus eximius\neastern rosella\nPlatycercus icterotis\nwestern rosella\nPlatycercus venustus\nnorthern rosella\nPoephila acuticauda\nlong-tailed finch\nPoephila cincta\nblack-throated finch\nPoephila personata\nmasked finch\nPolytelis alexandrae\nprincess parrot\nPolytelis anthopeplus\nregent parrot\nPolytelis swainsonii\nsuperb parrot\nPsephotus dissimilis\nhooded parrot\nPsephotus haematonotus\nred-rumped parrot\nPsephotus varius\nmulga parrot\nPsitteuteles versicolor\nvaried lorikeet\nPurpureicephalus spurius\nred-capped parrot\nStagonopleura guttata\ndiamond firetail\nSynoicus chinensis\nking quail\nSynoicus ypsilophorus\nbrown quail\nTaeniopygia bichenovii\ndouble-barred finch\nTaeniopygia guttata\nzebra finch\nTrichoglossus chlorolepidotus\nscaly-breasted lorikeet\nTrichoglossus haemotodus moluccanus\nrainbow lorikeet\nTrichoglossus rubritorquis\nred-collared lorikeet\nTurnix melanogaster\nblack-breasted button-quail\nTurnix varius\npainted button-quail\nTurnix velox\nlittle button-quail\nsch 3 s 1 amd 2021 SL No. 36 s 43 ; 2022 SL No. 37 s 23 ; 2022 SL No. 166 s 25","sortOrder":743},{"sectionNumber":"sch.3-sec.1A","sectionType":"section","heading":"Fish","content":"### sch.3-sec.1A Fish\n\nScientific name\nCommon name\nCairnsichthys rhombosomoides\nCairns rainbowfish\nChlamydogobius squamigenus\nEdgbaston goby\nMelanotaenia sp. nov. ‘Malanda’\nMalanda rainbowfish\nMelanotaenia sp. nov. ‘Running River’\nRunning River rainbowfish\nPseudomugil mellis\nhoney blue eye\nScaturiginichthys vermeilipinnis\nredfin blue eye\nsch 3 s 1A ins 2023 SL No. 77 s 27\namd 2024 SL No. 196 s 40","sortOrder":744},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Class 1 animals","content":"# Class 1 animals","sortOrder":745},{"sectionNumber":"sch.3-sec.2","sectionType":"section","heading":"Amphibians","content":"### sch.3-sec.2 Amphibians\n\nScientific name\nCommon name\nCrinia parinsignifera\nbeeping froglet\nCrinia signifera\nclicking froglet\nCrinia sloanei\nSloane’s froglet\nCyclorana alboguttata\nstriped burrowing frog\nCyclorana australis\ngiant burrowing frog\nCyclorana brevipes\nshort-footed frog\nCyclorana novaehollandiae\nwide-mouthed frog\nCyclorana platycephala\nwater holding frog\nLimnodynastes dumerilii\neastern banjo frog\nLimnodynastes fletcheri\nbarking frog\nLimnodynastes interioris\ngiant banjo frog\nLimnodynastes peronii\nstriped marshfrog\nLimnodynastes salmini\nsalmon striped frog\nLimnodynastes tasmaniensis\nspotted grassfrog\nLimnodynastes terraereginae\nnorthern banjo frog\nLitoria balatus\nslender bleating treefrog\nLitoria bicolor\nnorthern sedgefrog\nLitoria caerulea\ncommon green treefrog\nLitoria chloris\nred-eyed treefrog\nLitoria citropa\nBlue Mountains treefrog\nLitoria dentata\nbleating treefrog\nLitoria ewingii\nbrown treefrog\nLitoria fallax\neastern sedgefrog\nLitoria freycineti\nwallum rocketfrog\nLitoria gilleni\nCentralian treefrog\nLitoria gracilenta\ngraceful treefrog\nLitoria infrafrenata\nwhite-lipped treefrog\nLitoria jervisiensis\nJervis Bay treefrog\nLitoria jungguy\nnorthern stony creek frog\nLitoria latopalmata\nbroad-palmed rocketfrog\nLitoria lesueuri\nstony creek frog\nLitoria moorei\nmotorbike frog\nLitoria nasuta\nstriped rocketfrog\nLitoria nudidigita\nleaf green river treefrog\nLitoria peronii\nemerald spotted treefrog\nLitoria phyllochroa\ngreen stream frog\nLitoria rothii\nnorthern laughing treefrog\nLitoria rubella\nlittle red treefrog\nLitoria splendida\nmagnificent treefrog\nLitoria tyleri\nsouthern laughing treefrog\nLitoria verreauxii\nwhistling treefrog\nLitoria wilcoxii\neastern stony creek frog\nNeobatrachus pictus\npainted burrowing frog\nNeobatrachus sudellae\nmeeowing frog\nPlatyplectrum ornatum\nornate burrowing frog\nUperoleia fusca\ndusky toadlet\nUperoleia laevigata\nsmooth toadlet\nUperoleia rugosa\nwrinkled toadlet\nUperoleia tyleri\nTyler’s toadlet\nsch 3 s 2 amd 2022 SL No. 166 s 26","sortOrder":746},{"sectionNumber":"sch.3-sec.3","sectionType":"section","heading":"Birds","content":"### sch.3-sec.3 Birds\n\nScientific name\nCommon name\nAlisterus scapularis\nking parrot\nAnas castanea\nchestnut teal\nAnas gracilis\ngrey teal\nAnas superciliosa\nPacific black duck\nAprosmictus erythropterus\nred-winged parrot\nAythya australis\nhardhead\nCallocephalon fimbriatum\ngang-gang cockatoo\nCalyptorhynchus banksii\nred-tailed black-cockatoo\nCalyptorhynchus funereus\nyellow-tailed black-cockatoo\nCereopsis novaehollandiae\nCape Barren goose\nChenonetta jubata\nAustralian wood duck\nColumba leucomela\nwhite-headed pigeon\nCyclopsitta diopthalma macleayana\nMacleay’s fig parrot\nDendrocygna arcuata\nwandering whistling-duck\nDendrocygna eytoni\nplumed whistling-duck\nDucula bicolor\npied imperial-pigeon\nEclectus roratus , other than the Australian population of Eclectus roratus\neclectus parrot\nEpthianura tricolor\ncrimson chat\nGeophaps scripta\nsquatter pigeon\nGeophaps smithii\npartridge pigeon\nLathamus discolor\nswift parrot\nLeucosarcia melanoleuca\nwonga pigeon\nLophochroa leadbeateri\nMajor Mitchell’s cockatoo\nMacropygia amboinensis\nbrown cuckoo-dove\nMalacorhynchus membranaceus\npink-eared duck\nMalurus cyaneus\nsuperb fairy-wren\nMalurus splendens\nsplendid fairy-wren\nNorthiella narethae\nNaretha blue bonnet\nOxyura australis\nblue-billed duck\nPetrophassa albipennis\nwhite-quilled rock-pigeon\nPetrophassa rufipennis\nchestnut-quilled rock-pigeon\nPhaps elegans\nbrush bronzewing\nPhaps histrionica\nflock bronzewing\nPlatycercus caledonicus\ngreen rosella\nPsephotus chrysopterygius\ngolden-shouldered parrot\nPtilinopus regina\nrose-crowned fruit-dove\nPtilinopus superbus\nsuperb fruit-dove\nRadjah radjah\nradjah shelduck\nSphecotheres vieilloti\nAustralasian figbird\nStagonopleura bella\nbeautiful firetail\nStagonopleura oculata\nred-eared firetail\nTadorna tadornoides\nAustralian shelduck\nTurnix maculosus\nred-backed button-quail\nTurnix olivii\nbuff-breasted button-quail\nTurnix pyrrhothorax\nred-chested button-quail\nZosterops lateralis\nsilvereye\nsch 3 s 3 amd 2022 SL No. 37 s 24 ; 2022 SL No. 166 s 27 ; 2025 SL No. 42 s 36","sortOrder":747},{"sectionNumber":"sch.3-sec.4","sectionType":"section","heading":"Invertebrates","content":"### sch.3-sec.4 Invertebrates\n\nThe following invertebrates—\nprotected spiders;\nprotected scorpions.\nsch 3 s 4 amd 2021 SL No. 36 s 44\n- (a) protected spiders;\n- (b) protected scorpions.","sortOrder":748},{"sectionNumber":"sch.3-sec.5","sectionType":"section","heading":"Reptiles","content":"### sch.3-sec.5 Reptiles\n\nScientific name\nCommon name\nAcritoscincus platynotum\nred-throated skink\nAmalosia lesueurii\nLesueur’s velvet gecko\nAmphibolurus burnsi\nBurns’ dragon\nAmphibolurus centralis\nCentralian lashtail dragon\nAmphibolurus muricatus\njacky lizard\nAntaresia childreni\nChildren’s python\nAntaresia maculosa\nspotted python\nAntaresia perthensis\npygmy python\nAprasia picturata\nblack-headed worm-lizard\nAspidites melanocephalus\nblack-headed python\nAspidites ramsayi\nwoma\nBellatorias frerei\nmajor skink\nBellatorias major\nland mullet\nBoiga irregularis\nbrown tree snake\nChelodina canni\nCann’s long-necked turtle\nChelodina expansa\nbroad-shelled turtle\nChelodina longicollis\neastern snake-necked turtle\nChelodina rugosa\nnorthern snake-necked turtle\nChristinus marmoratus\nmarbled gecko\nConcinnia tenuis\nbar-sided skink\nCryptoblepharus virgatus\nstriped snake-eyed skink\nCtenophorus nuchalis\ncentral netted dragon\nCtenophorus pictus\npainted dragon\nCtenotus regius\npale-rumped ctenotus\nCtenotus robustus\nrobust ctenotus\nCtenotus schomburgkii\nbarred wedgesnout ctenotus\nCtenotus spaldingi\nstraight-browed ctenotus\nCtenotus taeniolatus\ncopper-tailed skink\nCyclodomorphus casuarinae\nTasmanian she-oak skink\nCyclodomorphus gerrardii\npink-tongued lizard\nCyclodomorphus michaeli\nmainland she-oak skink\nDelma molleri\nGulfs delma\nDelma tincta\nexcitable delma\nDendrelaphis punctulatus\ncommon tree snake\nDiplodactylus tessellatus\ntessellated gecko\nDiplodactylus vittatus\nwood gecko\nDiporiphora australis\ntommy roundhead\nDiporiphora nobbi\nnobbi\nEgernia cunninghami\nCunningham’s skink\nEgernia hosmeri\nHosmer’s skink\nEgernia kingii\nKing’s skink\nEgernia saxatilis\nblack crevice-skink\nEgernia stokesii\ngidgee skink\nEgernia striolata\ntree skink\nElseya dentata\nnorthern snapping turtle\nElusor macrurus\nMary River turtle\nEmydura macquarii\nriver turtle\nEremiascincus fasciolatus\nnarrow-banded sand swimmer\nEremiascincus phantasmus\nghost skink\nEremiascincus richardsonii\nbroad-banded sand swimmer\nEulamprus quoyii\neastern water skink\nGehyra australis\nnorthern dtella\nGehyra dubia\ndubious dtella\nGehyra occidentalis\nKimberley Plateau dtella\nGehyra versicolor\ntree dtella\nGowidon longirostris\nlong-nosed dragon\nHeteronotia binoei\nBynoe’s gecko\nHeteronotia spelea\ndesert cave gecko\nIntellagama lesueurii\neastern water dragon\nKarma murrayi\nMurray’s skink\nLampropholis delicata\ndark-flecked garden sunskink\nLampropholis guichenoti\npale-flecked garden sunskink\nLialis burtonis\nBurton’s legless lizard\nLiasis fuscus\nwater python\nLiasis olivaceus\nolive python\nLiopholis inornata\ndesert skink\nLiopholis modesta\neastern ranges rock-skink\nLiopholis whitii\nWhite’s skink\nLophognathus gilberti\nGilbert’s dragon\nLophognathus horneri\nHorner’s dragon\nLophosaurus spinipes\nsouthern angle-headed dragon\nLucasium damaeum\nbeaded gecko\nLucasium steindachneri\nbox-patterned gecko\nMenetia greyii\ncommon dwarf skink\nMorelia bredli\nCentralian carpet python\nMorelia carinata\nrough-scaled python\nMorelia spilota\ncarpet python\nMorelia viridis\ngreen python\nMorethia boulengeri\nsouth-eastern morethia skink\nMorethia lineoocellata\nwest coast morethia skink\nNebulifera robusta\nrobust velvet gecko\nNephrurus amyae\nCentralian knob-tailed gecko\nNephrurus asper\nprickly knob-tailed gecko\nNephrurus laevissimus\npale knob-tail gecko\nNephrurus levis\nthree-lined knob-tail gecko\nNephrurus sheai\nnorthern knob-tail gecko\nNephrurus stellatus\nstarred knob-tail gecko\nNephrurus wheeleri\nbanded knob-tail gecko\nOedura bella\nGulf marbled velvet gecko\nOedura castelnaui\nnorthern velvet gecko\nOedura cincta\ninland marbled velvet gecko\nOedura coggeri\nnorthern spotted velvet gecko\nOedura filicipoda\nfringe-toed velvet gecko\nOedura marmorata\nmarbled velvet gecko\nOedura monilis\nocellated velvet gecko\nOedura tryoni\nsouthern spotted velvet gecko\nPhyllurus platurus\nbroad-tailed gecko\nPogona barbata\nbearded dragon\nPogona henrylawsoni\ndowns bearded dragon\nPogona minor\ndwarf bearded dragon\nPogona mitchelli\nnorth-west bearded dragon\nPogona vitticeps\ncentral bearded dragon\nPygopus lepidopodus\ncommon scaly-foot\nPygopus nigriceps\nhooded scaly-foot\nPygopus schraderi\neastern hooded scaly-foot\nRankinia diemensis\nmountain heath dragon\nSaltuarius cornutus\nnorthern leaf-tailed gecko\nSaltuarius moritzi\nMoritz’s leaf-tailed gecko\nSaltuarius salebrosus\nrough-throated leaf-tailed gecko\nSaltuarius swaini\nsouthern leaf-tailed gecko\nSimalia amethistina\namethystine python\nSimalia kinghorni\namethystine python\nStegonotus cucullatus\nslaty-grey snake\nStrophurus ciliaris\nnorthern spiny-tailed gecko\nStrophurus intermedius\nsouthern spiny-tailed gecko\nStrophurus jeanae\nsouthern phasmid gecko\nStrophurus krisalys\nKristin’s spiny-tailed gecko\nStrophurus taenicauda\ngolden-tailed gecko\nStrophurus wellingtonae\nwestern shield spiny-tailed gecko\nStrophurus williamsi\neastern spiny-tailed gecko\nSuta dwyeri\nDwyer’s snake\nTiliqua multifasciata\nCentralian blue-tongued lizard\nTiliqua nigrolutea\nblotched blue-tongued lizard\nTiliqua rugosa\nshingleback\nTiliqua scincoides\neastern blue-tongued lizard\nTropicagama temporalis\nswamplands lashtail\nTropidonophis mairii\nkeelback snake\nUnderwoodisaurus milii\nthick-tailed gecko\nVaranus acanthurus\nridge-tailed monitor\nVaranus gilleni\npygmy mulga monitor\nVaranus gouldii\nsand monitor\nVaranus mertensi\nMertens’ water monitor\nVaranus scalaris\nspotted tree monitor\nVaranus storri\nStorr’s monitor\nVaranus tristis\nblack-tailed monitor\nWollumbinia latisternum\nsaw-shelled turtle\nsch 3 s 5 amd 2022 SL No. 166 s 28 ; 2025 SL No. 42 s 37","sortOrder":749},{"sectionNumber":"sch.3-pt.3","sectionType":"part","heading":"Class 2 animals","content":"# Class 2 animals","sortOrder":750},{"sectionNumber":"sch.3-sec.6","sectionType":"section","heading":"Amphibians","content":"### sch.3-sec.6 Amphibians\n\nScientific name\nCommon name\nDangerous animal\nAdelotus brevis\ntusked frog\nno\nAssa darlingtoni\npouched frog\nno\nCrinia deserticola\ndesert froglet\nno\nCrinia tinnula\nwallum froglet\nno\nCyclorana cultripes\nknife-footed frog\nno\nCyclorana verrucosa\nrough frog\nno\nGeocrinia laevis\nsmooth frog\nno\nGeocrinia victoriana\neastern smooth frog\nno\nGeocrinia vitellina\norange-bellied frog\nno\nHeleioporus australiacus\ngiant burrowing frog\nno\nLitoria aurea\ngreen and golden bell frog\nno\nLitoria booroolongensis\nBooroolong frog\nno\nLitoria brevipalmata\ngreen thighed frog\nno\nLitoria burrowsae\nTasmanian treefrog\nno\nLitoria dahlii\nnorthern waterfrog\nno\nLitoria eucnemis\ngrowling green eyed frog\nno\nLitoria littlejohni\nLittlejohn’s treefrog\nno\nLitoria pearsoniana\ncascade treefrog\nno\nLitoria raniformis\nsouthern bell frog\nno\nLitoria revelata\nwhirring treefrog\nno\nLitoria xanthomera\norange thighed treefrog\nno\nMixophyes balbus\nstuttering frog\nno\nMixophyes fasciolatus\ngreat barred frog\nno\nMixophyes iteratus\ngiant barred frog\nno\nNotaden bennettii\nholy cross frog\nno\nNotaden nichollsi\ndesert spadefoot\nno\nParacrinia haswelli\nHaswell’s froglet\nno\nPhiloria kundagungan\nred-and-yellow mountainfrog\nno\nPhiloria loveridgei\nmasked mountainfrog\nno\nPhiloria sphagnicolus\nsphagnum frog\nno\nPseudophryne australis\nred-crowned toadlet\nno\nPseudophryne bibronii\nBibron’s toadlet\nno\nPseudophryne coriacea\nred-backed toadlet\nno\nPseudophryne dendyi\nDendy’s toadlet\nno\nPseudophryne major\nlarge toadlet\nno\nPseudophryne semimarmorata\nsouthern toadlet\nno\nsch 3 s 6 amd 2024 SL No. 196 s 41","sortOrder":751},{"sectionNumber":"sch.3-sec.7","sectionType":"section","heading":"Birds","content":"### sch.3-sec.7 Birds\n\nScientific name\nCommon name\nDangerous animal\nAcanthagenys rufogularis\nspiny-cheeked honeyeater\nno\nAcanthiza chrysorrhoa\nyellow-rumped thornbill\nno\nAcanthorhynchus superciliosus\nwestern spinebill\nno\nAcanthorhynchus tenuirostris\neastern spinebill\nno\nAiluroedus crassirostris\ngreen catbird\nno\nAlectura lathami\nAustralian brush-turkey\nno\nAmytornis rowleyi\nrusty grasswren\nno\nAmytornis striatus\nstriated grasswren\nno\nAmytornis textilis\nwestern grasswren\nno\nAnseranas semipalmata\nmagpie goose\nno\nAnthochaera carunculata\nred wattlebird\nno\nAnthochaera chrysoptera\nlittle wattlebird\nno\nAplonis metallica\nmetallic starling\nno\nArtamus cinereus\nblack-faced woodswallow\nno\nArtamus cyanopterus\ndusky woodswallow\nno\nArtamus leucorynchus\nwhite-breasted woodswallow\nno\nArtamus personatus\nmasked woodswallow\nno\nArtamus superciliosus\nwhite-browed woodswallow\nno\nBiziura lobata\nmusk duck\nno\nBubulcus ibis\ncattle egret\nno\nBurhinus grallarius\nbush stone-curlew\nno\nCaligavis chrysops\nyellow-faced honeyeater\nno\nCalyptorhynchus baudinii\nBaudin’s black-cockatoo\nno\nCalyptorhynchus lathami\nglossy black-cockatoo\nno\nCalyptorhynchus latirostris\nCarnaby’s black-cockatoo\nno\nCentropus phasianinus\npheasant coucal\nno\nCerthionyx variegatus\npied honeyeater\nno\nChlamydera maculata\nspotted bowerbird\nno\nCinnyris jugularis\nolive-backed sunbird\nno\nCladorhynchus leucocephalus\nbanded stilt\nno\nCorcorax melanorhamphos\nwhite-winged chough\nno\nCorvus orru\nTorresian crow\nno\nCygnus atratus\nblack swan\nno\nDacelo leachii\nblue-winged kookaburra\nno\nDacelo novaeguineae\nlaughing kookaburra\nno\nDicaeum hirundinaceum\nmistletoebird\nno\nEclectus roratus\neclectus parrot (Australian population)\nno\nEgretta garzetta\nlittle egret\nno\nEgretta novaehollandiae\nwhite-faced heron\nno\nEgretta picata\npied heron\nno\nEntomyzon cyanotis\nblue-faced honeyeater\nno\nEopsaltria australis\neastern yellow robin\nno\nEpthianura albifrons\nwhite-fronted chat\nno\nEpthianura aurifrons\norange chat\nno\nEulabeornis castaneoventris\nchestnut rail\nno\nEurystomus orientalis\ndollarbird\nno\nFulica atra\neurasian coot\nno\nGallinula mortierii\nTasmanian native-hen\nno\nGallinula tenebrosus\ndusky moorhen\nno\nGallinula ventralis\nblack-tailed native-hen\nno\nGallirallus philippensis\nbuff-banded rail\nno\nGrallina cyanoleuca\nmagpie-lark\nno\nGymnorhina tibicen\nAustralian magpie\nno\nHimantopus himantopus\nblack-winged stilt\nno\nLichenostomus melanops\nyellow-tufted honeyeater\nno\nLopholaimus antarcticus\ntopnot pigeon\nno\nMalurus amabilis\nlovely fairy-wren\nno\nMalurus assimilis\npurple-backed fairy-wren\nno\nMalurus coronatus\npurple-crowned fairy-wren\nno\nMalurus elegans\nred-winged fairy-wren\nno\nMalurus lamberti\nvariegated fairy-wren\nno\nMalurus leucopterus\nwhite-winged fairy-wren\nno\nMalurus melanocephalus\nred-backed fairy-wren\nno\nMalurus pulcherrimus\nblue-breasted fairy-wren\nno\nManorina melanocephala\nnoisy miner\nno\nMelanodryas cucullata\nhooded robin\nno\nMeliphaga lewinii\nLewin’s honeyeater\nno\nMelithreptus lunatus\nwhite-naped honeyeater\nno\nMerops ornatus\nrainbow bee-eater\nno\nMicrocarbo melanoleucos\nlittle pied cormorant\nno\nMyzomela sanguinolenta\nscarlet honeyeater\nno\nNettapus coromandelianus\ncotton pygmy-goose\nno\nNettapus pulchellus\ngreen pygmy-goose\nno\nOriolus sagittatus\nolive-backed oriole\nno\nPachycephala pectoralis\ngolden whistler\nno\nPachycephala rufiventris\nrufous whistler\nno\nPardalotus punctatus\nspotted pardalote\nno\nPardalotus striatus\nstriated pardalote\nno\nPeltohyas australis\ninland dotterel\nno\nPetroica boodang\nscarlet robin\nno\nPetroica goodenovii\nred-capped robin\nno\nPetroica phoenicea\nflame robin\nno\nPhilemon citreogularis\nlittle friarbird\nno\nPhilemon corniculatus\nnoisy friarbird\nno\nPhylidonyris niger\nwhite-cheeked honeyeater\nno\nPhylidonyris novaehollandiae\nNew Holland honeyeater\nno\nPhylidonyris pyrrhopterus\ncrescent honeyeater\nno\nPitta iris\nrainbow pitta\nno\nPitta versicolor\nnoisy pitta\nno\nPlatalea flavipes\nyellow-billed spoonbill\nno\nPlatalea regia\nroyal spoonbill\nno\nPlectorhyncha lanceolata\nstriped honeyeater\nno\nPlegadis falcinellus\nglossy ibis\nno\nPodargus strigoides\ntawny frogmouth\nno\nPorphyrio melanotus\npurple swamphen\nno\nPsophodes olivaceus\neastern whipbird\nno\nPtilinopus magnificus\nwompoo fruit-dove\nno\nPtilonorhynchus violaceus\nsatin bowerbird\nno\nPtilotula penicillata\nwhite-plumed honeyeater\nno\nSericornis citreogularis\nyellow-throated scrubwren\nno\nSericornis frontalis\nwhite-browed scrubwren\nno\nSericulus chrysocephalus\nregent bowerbird\nno\nSpatula rhynchotis\nAustralian shoveler\nno\nStictonetta naevosa\nfreckled duck\nno\nStruthidea cinerea\napostlebird\nno\nThreskiornis molucca\nAustralian white ibis\nno\nThreskiornis spinicollis\nstraw-necked ibis\nno\nTodiramphus macleayii\nforest kingfisher\nno\nTodiramphus pyrrhopygius\nred-backed kingfisher\nno\nTodiramphus sanctus\nsacred kingfisher\nno\nTurnix castanotus\nchestnut-backed button-quail\nno\nVanellus miles\nmasked lapwing\nno\nVanellus tricolor\nbanded lapwing\nno\nsch 3 s 7 amd 2022 SL No. 37 s 25 ; 2022 SL No. 166 s 29","sortOrder":752},{"sectionNumber":"sch.3-sec.8","sectionType":"section","heading":"Reptiles","content":"### sch.3-sec.8 Reptiles\n\nScientific name\nCommon name\nDangerous animal\nAcanthophis spp.\ndeath adder (all species)\nyes\nAcrochordus arafurae\nArafura file snake\nno\nAcrochordus granulatus\nlittle file snake\nno\nAnilios nigrescens\nblackish blind snake\nno\nAnomalopus verreauxii\nthree-clawed worm-skink\nno\nAustrelaps spp.\ncopperhead (all species)\nyes\nBrachyurophis australis\ncoral snake\nno\nCacophis harriettae\nwhite-crowned snake\nno\nCacophis krefftii\ndwarf crowned snake\nno\nCacophis squamulosus\ngolden-crowned snake\nno\nCalyptotis ruficauda\nred-tailed calyptotis\nno\nCarettochelys insculpta\npig-nosed turtle\nno\nCarphodactylus laevis\nchameleon gecko\nno\nCerberus australis\nbockadam\nno\nChelodina burrungandjii\nsandstone long-necked turtle\nno\nChelodina steindachneri\nflat-shelled turtle\nno\nChelosania brunnea\nchameleon dragon\nno\nChlamydosaurus kingii\nfrilled lizard\nno\nConcinnia martini\ndark bar-sided skink\nno\nCryptophis nigrescens\neastern small-eyed snake\nyes\nCtenophorus caudicinctus\nring-tailed dragon\nno\nCtenophorus clayi\nblack-collared dragon\nno\nCtenophorus cristatus\ncrested dragon\nno\nCtenophorus decresii\ntawny dragon\nno\nCtenophorus fionni\npeninsula dragon\nno\nCtenophorus fordi\nmallee military dragon\nno\nCtenophorus isolepis\ncentral military dragon\nno\nCtenophorus ornatus\nornate dragon\nno\nCtenophorus reticulatus\nwestern netted dragon\nno\nCtenophorus salinarum\nclaypan dragon\nno\nCtenophorus vadnappa\nred-barred dragon\nno\nCtenotus leonhardii\nLeonhardi’s ctenotus\nno\nCtenotus pantherinus\nleopard ctenotus\nno\nCtenotus saxatilis\nrock ctenotus\nno\nCyrtodactylus mcdonaldi\nMcDonald’s ring-tailed gecko\nno\nCyrtodactylus tuberculatus\nring-tailed gecko\nno\nDelma impar\nstriped legless lizard\nno\nDelma inornata\npatternless delma\nno\nDemansia papuensis\ngreater black whipsnake\nyes\nDemansia psammophis\nyellow-faced whip snake\nno\nDemansia vestigiata\nlesser black whipsnake\nyes\nDendrelaphis calligastra\nnorthern tree snake\nno\nDenisonia devisi\nDe Vis’ banded snake\nno\nDenisonia maculata\nornamental snake\nno\nDiplodactylus ameyi\neastern deserts fat-tailed gecko\nno\nDiplodactylus barraganae\nGulf fat-tailed gecko\nno\nDiplodactylus conspicillatus\nvariable fat-tailed gecko\nno\nDiplodactylus galeatus\nhelmeted gecko\nno\nDiplodactylus granariensis\nwestern stone gecko\nno\nDiplodactylus laevis\ndesert fat-tailed gecko\nno\nDiplodactylus platyurus\neastern fat-tailed gecko\nno\nDiporiphora bennettii\nrobust two-line dragon\nno\nDiporiphora bilineata\ntwo-lined dragon\nno\nDiporiphora magna\nyellow-sided two-lined dragon\nno\nDiporiphora winneckei\ncanegrass dragon\nno\nDrysdalia coronoides\nwhite-lipped snake\nno\nDrysdalia rhodogaster\nmustard-bellied snake\nno\nEchiopsis curta\nbardick\nno\nEgernia cygnitos\nwestern Pilbara spiny-tailed skink\nno\nEgernia depressa\npygmy spiny-tailed skink\nno\nEgernia eos\ncentral Pilbara spiny-tailed skink\nno\nEgernia epsisolus\neastern Pilbara spiny-tailed skink\nno\nEgernia mcpheei\neastern crevice-skink\nno\nEgernia rugosa\nyakka skink\nno\nElseya albagula\nwhite-throated snapping turtle\nno\nElseya irwini\nIrwin’s turtle\nno\nElseya oneiros\nGulf snapping turtle\nno\nEmydura subglobosa\npainted turtle\nno\nEmydura tanybaraga\nnorthern yellow-faced turtle\nno\nEmydura victoriae\nnorthern red-faced turtle\nno\nEulamprus tympanum\nsouthern water-skink\nno\nFurina diadema\nred-naped snake\nno\nFurina ornata\norange-naped snake\nno\nGehyra montium\nCentralian dtella\nno\nGehyra robusta\nRobust dtella\nno\nGnypetoscincus queenslandiae\nprickly forest skink\nno\nHemiaspis signata\nblack-bellied swamp snake\nno\nHoplocephalus spp.\nbroad-headed snake (all species)\nyes\nKarma tryoni\nTryon’s skink\nno\nLeiopython hoserae/albertisii\nwhite-lipped python\nno\nLepidodactylus lugubris\nmourning gecko\nno\nLiburnascincus coensis\nCoen rainbow-skink\nno\nLiopholis margaretae\nCentralian Ranges rock-skink\nno\nLiopholis pulchra\nsouth-western rock-skink\nno\nLiopholis striata\nnocturnal desert-skink\nno\nLophosaurus boydii\nBoyd’s forest dragon\nno\nLucasium byrnei\ngibber gecko\nno\nLucasium microplax\nsouthern sandplain gecko\nno\nLucasium stenodactylum\nnorthern sandplain gecko\nno\nMorelia oenpelliensis\nOenpelli rock python\nno\nNotechis spp.\ntiger snake (all species)\nyes\nOedura gemmata\ndotted velvet gecko\nno\nOxyuranus spp.\ntaipan (all species)\nyes\nParasuta flagellum\nlittle whip snake\nno\nParasuta spectabilis\nmallee black-headed snake\nno\nPogona microlepidota\nsmall-scaled bearded dragon\nno\nPseudechis spp.\nblack snake (all species)\nyes\nPseudoferania polylepis\nMacleay’s water snake\nno\nPseudonaja spp.\nbrown snake (all species)\nyes\nPseudothecadactylus cavaticus\nwestern giant cave gecko\nno\nPseudothecadactylus lindneri\nnorthern giant cave gecko\nno\nRheodytes leukops\nFitzroy River turtle\nno\nRhynchoedura ornata\nbeaked gecko\nno\nSaltuarius wyberba\ngranite leaf-tailed gecko\nno\nStrophurus elderi\njewelled gecko\nno\nStrophurus spinigerus\nsoft spiny-tailed gecko\nno\nSuta suta\nmyall snake\nyes\nTiliqua occipitalis\nwestern blue-tongued lizard\nno\nTropidechis carinatus\nrough-scaled snake\nyes\nTympanocryptis centralis\ncentralian earless dragon\nno\nTympanocryptis cephalus\npebble dragon\nno\nTympanocryptis intima\ngibber earless dragon\nno\nTympanocryptis lineata\nlined earless dragon\nno\nTympanocryptis tetraporophora\nEyrean earless dragon\nno\nUvidicolus sphyrurus\nGranite Belt thick-tailed gecko\nno\nVaranus baritji\nblack-spotted spiny-tailed monitor\nno\nVaranus brevicauda\nshort-tailed pygmy monitor\nno\nVaranus bushi\nBush’s monitor\nno\nVaranus caudolineatus\nstripe-tailed monitor\nno\nVaranus eremius\npygmy desert monitor\nno\nVaranus giganteus\nperentie\nno\nVaranus glauerti\nKimberley rock monitor\nno\nVaranus glebopalma\nblack-palmed monitor\nno\nVaranus hammersleyensis\nsouthern Pilbara rock monitor\nno\nVaranus indicus\nmangrove monitor\nno\nVaranus kingorum\nlong-tailed rock monitor\nno\nVaranus mitchelli\nMitchell’s water monitor\nno\nVaranus panoptes\nyellow-spotted monitor\nno\nVaranus pilbarensis\nnorthern Pilbara rock monitor\nno\nVaranus prasinus\nemerald monitor\nno\nVaranus primordius\nnorthern ridge-tailed monitor\nno\nVaranus rosenbergi\nheath monitor\nno\nVaranus semiremex\nrusty monitor\nno\nVaranus spenceri\nSpencer’s monitor\nno\nVaranus varius\nlace monitor\nno\nVermicella annulata\nbandy-bandy\nno\nWollumbinia belli\nBell's turtle\nno\nsch 3 s 8 amd 2022 SL No. 37 s 26 ; 2022 SL No. 166 s 30 ; 2023 SL No. 77 s 28","sortOrder":753},{"sectionNumber":"sch.3-pt.4","sectionType":"part","heading":"Farm animals","content":"# Farm animals","sortOrder":754},{"sectionNumber":"sch.3-sec.9","sectionType":"section","heading":"Birds","content":"### sch.3-sec.9 Birds\n\nScientific name\nCommon name\nDromaius novaehollandiae\nemu\nsch 3 s 9 ins 2022 SL No. 37 s 27","sortOrder":755},{"sectionNumber":"sch.3-sec.10","sectionType":"section","heading":"Invertebrates","content":"### sch.3-sec.10 Invertebrates\n\nScientific name\nCommon name\nCherax robustus\nsand yabby\nEuastacus spp.\nspiny crayfish (all species)\nOrnithoptera spp.\nbirdwing butterfly (all species)\nPapilio ulysses\nUlysses butterfly\nsch 3 s 10 ins 2022 SL No. 37 s 27","sortOrder":756},{"sectionNumber":"sch.3-sec.11","sectionType":"section","heading":"Reptiles","content":"### sch.3-sec.11 Reptiles\n\nScientific name\nCommon name\nCrocodylus johnstoni\nfreshwater crocodile\nCrocodylus porosus\nestuarine crocodile\nElapidae\na reptile of the family Elapidae\nsch 3 s 11 ins 2022 SL No. 37 s 27","sortOrder":757},{"sectionNumber":"sch.4-pt.1","sectionType":"part","heading":"Permanent marine mammal special management area","content":"# Permanent marine mammal special management area","sortOrder":758},{"sectionNumber":"sch.4-pt.2","sectionType":"part","heading":"Permanent special marine mammal","content":"# Permanent special marine mammal","sortOrder":759},{"sectionNumber":"sch.5-pt.1","sectionType":"part","heading":"Definitions for schedule","content":"# Definitions for schedule","sortOrder":760},{"sectionNumber":"sch.5-pt.2","sectionType":"part","heading":"Processed products made or derived from relevant protected birds","content":"# Processed products made or derived from relevant protected birds","sortOrder":761},{"sectionNumber":"sch.5-pt.3","sectionType":"part","heading":"Processed products made or derived from relevant protected butterflies","content":"# Processed products made or derived from relevant protected butterflies","sortOrder":762},{"sectionNumber":"sch.5-pt.4","sectionType":"part","heading":"Processed products made or derived from relevant protected crocodiles","content":"# Processed products made or derived from relevant protected crocodiles","sortOrder":763},{"sectionNumber":"sch.5-pt.5","sectionType":"part","heading":"Processed products made of or derived from relevant protected emus","content":"# Processed products made of or derived from relevant protected emus","sortOrder":764},{"sectionNumber":"sch.5-pt.6","sectionType":"part","heading":"Processed products made or derived from relevant protected animals","content":"# Processed products made or derived from relevant protected animals","sortOrder":765},{"sectionNumber":"sch.5-pt.7","sectionType":"part","heading":"Processed products registered by State museums","content":"# Processed products registered by State museums","sortOrder":766},{"sectionNumber":"sch.6-pt.1","sectionType":"part","heading":"Fees for animal authorities","content":"# Fees for animal authorities","sortOrder":767},{"sectionNumber":"sch.6-pt.1-div.1","sectionType":"division","heading":"Licences","content":"## Licences","sortOrder":768},{"sectionNumber":"sch.6-pt.1-div.2","sectionType":"division","heading":"Permits","content":"## Permits","sortOrder":769},{"sectionNumber":"sch.6-pt.1-div.3","sectionType":"division","heading":"Collection authorities","content":"## Collection authorities","sortOrder":770},{"sectionNumber":"sch.6-pt.1-div.4","sectionType":"division","heading":"Fees for amendments","content":"## Fees for amendments","sortOrder":771},{"sectionNumber":"sch.6-pt.1-div.5","sectionType":"division","heading":"Fee for replacements","content":"## Fee for replacements","sortOrder":772},{"sectionNumber":"sch.6-pt.2","sectionType":"part","heading":"Fees for approved tags","content":"# Fees for approved tags","sortOrder":773},{"sectionNumber":"sch.6-pt.3","sectionType":"part","heading":"Fees for sampling or implanting animals","content":"# Fees for sampling or implanting animals","sortOrder":774},{"sectionNumber":"sch.6-pt.4","sectionType":"part","heading":"Fees for record books","content":"# Fees for record books","sortOrder":775},{"sectionNumber":"sch.6-pt.5","sectionType":"part","heading":"Fees for movement of animals","content":"# Fees for movement of animals","sortOrder":776}],"analysis":{"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"While the regulation's core purpose — implementing the Nature Conservation Act's animal protection framework — remains consistent, the scope has broadened through multiple amendments (2021, 2022, 2023, 2024, 2025). Additions include new provisions for persons assisting authorised officers with dead animals (s.30A), updated emergency services definitions (adding Marine Rescue Queensland), expanded movement permit rules, and various technical amendments. The regulation has grown beyond its original 2020 form to address practical gaps and align with related legislative changes."},"complexity_factors":["Extremely long and detailed regulation covering dozens of distinct scenarios and stakeholder categories","Multiple layered classification systems for animals (conservation status classes, categories like class 1/class 2/exempt/farm/dangerous, and 'protected'/'international' distinctions)","Heavily cross-referenced — provisions constantly refer to other chapters, parts, schedules, and external Acts, making it impossible to understand any single provision in isolation","Interacts with numerous other Queensland and Commonwealth laws (Nature Conservation Act 1992, Marine Parks Act 2004, Great Barrier Reef Marine Park Act 1975, Exhibited Animals Act 2015, Land Act 1994, Biodiscovery Act 2004, Transport Infrastructure Act 1994, and more)","Different rules apply to different types of entities (individuals, corporations, incorporated associations, government bodies, Aboriginal/Torres Strait Islander peoples, emergency services, Defence Force, etc.)","The permit/licence framework ('animal authorities') is itself highly complex, with numerous types of authorities granted under a separate chapter","Conservation values (financial penalties) and fees use a 'fee units' system requiring mathematical calculation and rounding rules","Scientific naming conventions add technical complexity, with references to external databases (Australian Faunal Directory, WildNet)","Regulation has been amended multiple times since 2020, requiring tracking of changes across different amending instruments","Schedules (not reproduced here) are essential to understanding which animals fall into which categories, making the regulation functionally incomplete without them"],"plain_english_summary":"This Queensland regulation under the Nature Conservation Act sets how wild and protected animals may be handled, classified, licensed and commercially used. It creates animal categories, an authorisations system for keeping, breeding, researching or harvesting animals, allows limited licence-free actions (e.g. emergency treatment, certain traditional uses), and imposes record‑keeping, fees and conservation‑value penalties to protect threatened species.\n\nIt affects pet owners, businesses, farmers, vets, researchers, councils, Indigenous people and anyone finding injured wildlife—breaches can mean fines and conservation payments."},"kimi_summary":{"_metrics":{"completionTokens":702},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The provided text appears to be the complete preliminary and substantive provisions of the Nature Conservation (Animals) Regulation 2020 as amended. The scope remains consistent with the regulation's original purpose: establishing a comprehensive framework for managing human interactions with protected animals through licensing, permits, and authorised activities. No evidence of scope creep beyond the original regulatory intent of wildlife management and conservation."},"complexity_factors":["Multiple overlapping licence/permit categories (standard, specialised, advanced, harvesting, dealer, interaction, farming, damage mitigation, flying-fox roost management, educational purposes, rehabilitation, research, movement) with different eligibility criteria and restrictions","Extensive cross-referencing to other legislation (Nature Conservation Act 1992, Exhibited Animals Act 2015, Fisheries Act 1994, Marine Parks Act 2004, Great Barrier Reef Marine Park Act 1975, etc.) and conservation plans","Nested conditional logic throughout—e.g., automatic issue vs. chief executive grant, different rules for dangerous animals, age restrictions, premises restrictions, and species-specific requirements","Detailed record-keeping and reporting obligations with multiple compliance pathways (online records, record books, returns of operations)","Complex definitions including 'relevant person', 'commercial purpose', 'authorised display', 'exempt animal', 'class 1/class 2 animal', and 'dependent animal' with cascading implications","Multiple amendment references showing evolving regulatory framework (2021-2025 amendments affecting automatic issue, dangerous animal handling, fee unit rounding, etc.)","Specific exemptions and special provisions for Aboriginal tradition, Ailan Kastom, defence force training, emergency services, and educational institutions"],"plain_english_summary":"This Queensland regulation governs how people can legally interact with protected animals—everything from keeping native birds and reptiles as pets to harvesting wildlife, conducting research, and managing problem animals. It creates a licensing system with different tiers: **standard licences** (up to 10 class 1 animals), **specialised licences** (up to 50 birds/reptiles/amphibians including class 2 animals), and **advanced licences** (unlimited numbers, broader keeping conditions). Dangerous animals require special approval and cannot be automatically issued.\n\nThe regulation also authorises specific activities without licences—such as **rehabilitating sick or injured wildlife**, **managing flying-fox roosts** that threaten crops or public health, **controlling animals at airports**, and **traditional hunting of marine turtles and dugongs** by Aboriginal and Torres Strait Islander peoples under cultural permits.\n\nKey permit types include **harvesting licences** (for taking animals from the wild), **damage mitigation permits** (for controlling animals causing property damage or health risks), **rehabilitation permits** (for wildlife carers), **research permits** (for scientific study), and **movement permits** (for transporting animals). Each comes with conditions about humane treatment, record-keeping, and reporting.\n\nThe regulation defines what counts as **\"commercial purpose\"** (broadly: any gain or reward, including business use, tax-related sales, or promotional display), sets **conservation values** (fees for taking protected animals), and establishes detailed rules for **breeding, moving, displaying, and disposing of animals**—including mandatory autopsies for certain tagged animals and restrictions on exporting protected species."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.25(3)","severity":"medium","reasoning":"The definition conflates absence of prohibition with positive authorisation. A person could be 'authorised' simply because no law in their State has specifically addressed the species in question. This creates a significant loophole where the absence of regulation is treated as equivalent to positive regulatory authorisation, potentially undermining the protective intent of the regulation.","confidence":0.82,"description":"Definition of 'authorised keeper in another State' includes persons who are NOT prohibited from keeping an animal, meaning anyone who simply lacks a prohibition is treated as 'authorised'. This effectively means that a person from another State who has never heard of the relevant animal species, and faces no legal prohibition on keeping it, qualifies as an 'authorised keeper' and may acquire Queensland protected animals."},{"type":"circular_definition","section":"sec.26(3)","severity":"high","reasoning":"The definition treats regulatory silence in a foreign country as equivalent to authorisation. A country with no wildlife legislation whatsoever would produce 'authorised keepers' for every species. This is particularly absurd for international transfers of protected animals, potentially enabling trafficking through jurisdictions with no wildlife law.","confidence":0.85,"description":"Identical logical flaw as sec.25(3) but extended internationally: a person from a country with no wildlife laws at all would qualify as an 'authorised keeper' because they are 'not prohibited' from keeping the animal. This could allow acquisition of Queensland protected animals by persons in failed states or jurisdictions with no relevant legislation."},{"type":"impossible_compliance","section":"sec.4(2)(b)","severity":"medium","reasoning":"The obligation to comply with wildlife laws applies at the time of the act (sale), but the trigger condition (income tax payable) may only be determinable after the fact, following Commonwealth tax assessment processes. A person acting in good faith cannot prospectively know whether this subsection applies to them, creating an impossible compliance scenario.","confidence":0.78,"description":"Acting for a 'commercial purpose' is triggered when income tax is payable on proceeds from the sale of an animal. However, whether income tax is payable depends on Commonwealth tax law determinations that may only be made retrospectively (e.g., after a tax return is assessed). A person selling an animal cannot know with certainty at the time of sale whether they are acting for a commercial purpose under this provision."},{"type":"other","section":"sec.13","severity":"low","reasoning":"While the regulatory intent is understood (managing any surviving specimens or reintroduced populations), the declared management intent to 'manage the animal having regard to' schedule provisions for animals that are prescribed as 'extinct wildlife' creates an inherent logical tension. The note acknowledging that extinct animals may be managed as critically endangered further highlights the conceptual awkwardness of prescribing management for extinct species.","confidence":0.65,"description":"The regulation prescribes management obligations for 'extinct wildlife' and even provides (per the note referencing schedule 1, section 4(g)) for circumstances where extinct animals are managed as if critically endangered. Managing an animal that is extinct is logically impossible in any practically meaningful sense in the wild - there is nothing to manage in the wild if the species is truly extinct."},{"type":"circular_definition","section":"sec.34(3)","severity":"medium","reasoning":"Whether a permit 'could be granted' is a counterfactual assessment that depends on the same criteria used in actual permit applications. Without applying for a permit, no one can be certain whether it would be granted. A person relying on this section to deal with a protected animal without a permit must self-assess their own eligibility based on hypothetical permit grant criteria, which may only be authoritatively determined by the chief executive in an actual application process.","confidence":0.75,"description":"A 'qualified person' who can deal with dead protected animals for education/research is defined as a person to whom a relevant permit 'could be granted'. This is a hypothetical, unverifiable standard - there is no mechanism specified for determining whether a permit 'could' be granted to a person, creating an inherently uncertain and potentially circular eligibility criterion."},{"type":"impossible_compliance","section":"sec.38(4)","severity":"medium","reasoning":"An animal may develop signs of illness during an ongoing display. The prohibition on displaying such an animal without prior written approval from the chief executive cannot be complied with prospectively in all circumstances. The regulation does not provide for emergency directions or rapid approvals, meaning a museum could be in breach through no fault of its own the moment an animal shows signs of illness during a display.","confidence":0.7,"description":"A live animal may not be displayed if it has 'visible signs of illness or injury' without the chief executive's written approval, but sec.38 applies to displays authorised under sec.36, which in turn only applies to animals kept under sec.35(c). If an animal develops visible signs of illness during a display, the operator must immediately cease display but also must have obtained prior written approval. There is no mechanism for emergency retrospective approval, creating an impossible compliance situation mid-display."},{"type":"self_contradicting","section":"sec.55(3)","severity":"high","reasoning":"The section is designed to allow good samaritans to assist injured animals, but penalises those who invest in publicising their rescue capability without obtaining a permit. A well-meaning wildlife carer who puts their phone number on a website loses the general authorisation that a random member of the public retains. This directly disincentivises professional behaviour and transparency, contrary to the evident conservation purpose of the provision.","confidence":0.88,"description":"Section 55 authorises any person to take, keep and move sick, injured or orphaned protected animals (subsection 2), but subsection 3 then carves out persons who advertise rescue/rehabilitation services without a permit. The effect is that an unlicensed person who publicly advertises rescue services CANNOT use these provisions, but a private individual with no training who simply picks up an injured animal CAN. This creates a perverse incentive against professional non-permitted rescuers advertising their services."},{"type":"other","section":"sec.7(1) and sec.7(2)","severity":"low","reasoning":"Two recognised databases may use different scientific names for the same organism (taxonomic disputes are common). The regulation provides no mechanism for resolving conflicts between the Australian Faunal Directory and the WildNet database, leaving compliance with species-specific provisions uncertain when the databases disagree.","confidence":0.72,"description":"Scientific names for animals 'follow' either a recognised database or the Queensland Museum (subsection 1), but if a provision includes a 'scientific reference' the name follows that reference (subsection 2). There is no definition of 'scientific reference' nor any hierarchy established between the Australian Faunal Directory and the WildNet database when they conflict. This creates potential ambiguity about which name governs in any given situation."},{"type":"other","section":"sec.31(1)","severity":"medium","reasoning":"Unlike comparable provisions for airports (sec.42) and State museums (sec.35), the ADF exemption contains no population-level conservation safeguard. While 'least concern' animals are by definition not threatened, the omission is structurally inconsistent with the rest of the regulation and could enable unrestricted taking.","confidence":0.68,"description":"Australian Defence Force members may take, keep and use 'least concern' animals for survival training. However, the regulation places no limit on the number of animals that may be taken, nor any requirement that taking not adversely affect survival of the species in the wild (compare sec.35(a) and sec.42(2)(a) which include such constraints). Large-scale ADF training exercises could theoretically result in significant taking of protected animals without any conservation safeguard."},{"type":"other","section":"sec.53(2)(b)","severity":"low","reasoning":"The prohibition on buying/receiving from unauthorised persons and selling/giving to unauthorised persons sits awkwardly as subcategories of 'use'. Buying and selling are not ordinarily considered 'uses' of an animal. This could create interpretive uncertainty about whether the transaction prohibitions apply independently of the 'use' authorisation.","confidence":0.6,"description":"The structure of sec.53(2)(b) is grammatically and logically confused. It permits a person to 'use the animal, other than [a list of prohibited uses]'. However, the prohibited uses listed under (i) and (ii) are transactional activities (buying, selling) rather than 'uses' of the animal in the ordinary sense, and (iii) is processing. The drafting conflates 'use' with 'transaction', making it unclear whether the buying/selling prohibitions are standalone or only prohibited when framed as 'use'."}],"contradictions":[{"severity":"high","section_a":"sec.55(2)","section_b":"sec.55(3)","confidence":0.88,"description":"Section 55(2) authorises 'a person' to take, keep and move sick, injured or orphaned protected animals. Section 55(3) then removes this authorisation from persons who advertise rescue/rehabilitation services without a permit. The result is that a private individual with no training retains the general authorisation but a person who publicly offers rescue services (but lacks a permit) does not. The more publicly committed and potentially more capable rescuer is treated less favourably."},{"severity":"medium","section_a":"sec.25(3)(b)","section_b":"sec.26(3)(b)","confidence":0.8,"description":"Both sections define 'authorised keeper' to include persons 'not prohibited' from keeping an animal in their jurisdiction. This is internally consistent between the two sections but creates a contradiction with the broader protective scheme of the regulation: the regulation otherwise requires positive authorisation (permits, licences) to deal with protected animals, yet these sections treat absence of prohibition as equivalent to positive authorisation for the purpose of interstate and international transfers."},{"severity":"low","section_a":"sec.35(a)","section_b":"sec.31(1)(a)","confidence":0.65,"description":"State museums taking protected animals under sec.35(a) must satisfy that 'the taking of the animal is not likely to adversely affect the survival of the animal in the wild'. ADF members taking least concern animals under sec.31(1)(a) face no equivalent conservation safeguard. While the species categories differ (protected vs least concern), the structural inconsistency means ADF training activities have fewer conservation constraints than museum collection activities."},{"severity":"high","section_a":"sec.10(2)","section_b":"sec.55(2)","confidence":0.85,"description":"Section 10(2) states the regulation does not apply to animals in protected areas except for the listed provisions (chapter 2, section 316, schedules 1 and 2). Section 55(2), which authorises dealing with sick/injured/orphaned protected animals, is not listed as an applicable provision for protected areas. This means a person in a protected area who finds a sick or injured protected animal has no authorisation under sec.55 to assist it, potentially leaving injured animals without assistance and creating a perverse conservation outcome."},{"severity":"medium","section_a":"sec.27(3)(b)","section_b":"sec.28(3)","confidence":0.82,"description":"Public service employees (sec.27) dealing with dead protected animals may keep and use biological samples and parts of the animal for research and other purposes. Local government officers and rail entity employees (sec.28) dealing with dead protected animals may only bury, incinerate or move the animal - they have no equivalent authorisation to keep or use parts. This creates an inconsistent regime between different categories of government employees performing essentially similar road/rail clearing functions."},{"severity":"low","section_a":"sec.4(1)","section_b":"sec.4(2)(b)","confidence":0.62,"description":"Section 4(1) defines commercial purpose broadly as acting 'for gain or reward'. Section 4(2)(b) creates a specific instance where buying or selling an animal triggers the commercial purpose definition only 'if income tax is payable'. However, under sec.4(1), any sale for gain would already constitute a commercial purpose regardless of tax liability. The income tax condition in sec.4(2)(b) creates a potentially more restrictive sub-category that is inconsistent with the broad general definition in sec.4(1), since a sale could fall under sec.4(1) without satisfying sec.4(2)(b) and vice versa."},{"severity":"medium","section_a":"sec.36","section_b":"sec.38(4)","confidence":0.73,"description":"Section 36 authorises State museums to display live protected animals bred in captivity or live international animals. Section 38(4) prohibits displaying animals with visible signs of illness without written approval from the chief executive. If an animal develops illness signs during an approved display, the museum is immediately in breach of sec.38(4) despite having complied with all requirements of sec.36. There is no provision for emergency cessation procedures or retrospective approval, creating a direct conflict between the display authorisation and the display restriction."}]}},"importantCases":[],"_links":{"self":"/api/acts/nature-conservation-animals-regulation-2020","history":"/api/acts/nature-conservation-animals-regulation-2020/history","analysis":"/api/acts/nature-conservation-animals-regulation-2020/analysis","conflicts":"/api/acts/nature-conservation-animals-regulation-2020/conflicts","importantCases":"/api/acts/nature-conservation-animals-regulation-2020/important-cases","documents":"/api/acts/nature-conservation-animals-regulation-2020/documents"}}