sec.240Restrictions on grant

sec.240 Restrictions on grant

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 However, subsection (1) (a) does not apply in relation to a movement permit. 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. 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 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. See also chapter 4 for other restrictions on grants for particular animal authorities. s 240 amd 2022 SL No. 166 s 8 sub 2025 SL No. 125 s 10 (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 (sec.240-ssec.2) However, subsection (1) (a) does not apply in relation to a movement permit. (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. (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 (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.