4Exemptions from licensing requirements—the Act, s 4(1)

4 Exemptions from licensing requirements—the Act, s 4(1)

4 Exemptions from licensing requirements—the Act, s 4(1)

(1) An animal display establishment is exempt from the requirement to be licensed if the only animals exhibited at the establishment are freshwater fish that are kept—

(a) in a decorative or landscaped pond or ponds of any size, or

(b) in an aquarium that has a capacity of less than 2,000 litres or aquaria that have a total capacity of less than 2,000 litres.

(2) An animal display establishment is exempt from the requirement to be licensed if the only animals exhibited at the establishment are saltwater fish that are kept in an aquarium that has a capacity of less than 2,000 litres or aquaria that have a total capacity of less than 2,000 litres.

(3) An animal display establishment is exempt from the requirement to be licensed in relation to an animal if the animal is in an enclosed area and the Secretary is satisfied—

(a) the animal is in a wild state, and

(b) given the nature and circumstances of the animal and establishment concerned, it would be unreasonable to require the use of the establishment to be licensed, and comply with the licensing requirements, under the Act.

Note—

Certain wildlife sanctuaries require and maintain very limited human interaction with the animals kept in the sanctuaries. In these cases the Secretary may be satisfied it is unreasonable to require the operator of the sanctuary to comply with the strict requirements of a licence under the Act.

(4) An off-display establishment is exempt from the requirement to be licensed if—

(a) the animals being kept for display at the off-display establishment are animals authorised to be exhibited by a circus, and

(b) the animals are being kept for display at the off-display establishment on a temporary and short term basis, and

(c) the off-display establishment is not an off-display establishment at which the animals are ordinarily kept for display when the circus is not exhibiting the animals.