Duties to hold a licence and to apply. A person must not operate a deer farm unless holding, or acting in accordance with, a deer farm licence (reg 4). Applications for licences are in writing and must include specified details about location, fencing, handling facilities, stock numbers and sex, permanent individual identification, contact details and operator identity where relevant (reg 5(1)-(2)). The Secretary may demand further information (reg 5(2)(viii)).
Secretary’s preconditions and licence conditions. The Secretary may only grant a licence after being satisfied on three enumerated points: the location and operation is unlikely to pose threats to the environment, community or other persons’ property; the applicant and proposed operators are fit and proper; and the fence has been approved (reg 5(3)). After grant, the Secretary may at any time impose one or more conditions, and must notify the licence holder in writing of new conditions (reg 6(1)-(2)). Permissible conditions are exemplified and include total deer numbers limits, sex-based limits, specific deer handling facilities, and requirements for desexing (reg 6(3)(a)-(d)). Licence holders and deer farm operators must ensure compliance with conditions, with a penalty up to 100 penalty units (reg 6(4)).
Inspection, maintenance and fences. The Secretary may approve fences to fully enclose farm deer (reg 10(1)). Wildlife officers may inspect at any time to ensure full enclosure; after inspection, they may require, by written notice, specified repairs, modifications or additions within a specified period to make the fence effective (reg 10(2)-(3)). Persons must comply with such notices (reg 10(4)). Interfering with an approved fence so as to cause or be likely to cause escape is an offence (reg 10(5)).
Recordkeeping and marking. Licence holders and operators must keep records necessary to establish ownership of each farm deer and mark or tag each farm deer in a Secretary-approved manner, subject to exemption (reg 11(1)-(2)). Disposing of live farm deer is restricted to other licensed deer farm operators or to processors authorised under the Primary Produce Safety Act 2011 (reg 11(3)). Receipts describing date, animal or product and farm are required on disposal except for packaged products intended for sale or export (reg 11(4)-(5)). Possession by anyone other than a farm operator or licence holder is unlawful unless the person has the statutory receipt (reg 11(6)). Wildlife officers may seize and retain deer or products where ownership cannot be established (reg 11(7)).
Escape and post-escape duties. It is an offence to cause or permit a farm deer to escape or be released (reg 13(1)). On becoming aware of an escape, licence holders and operators must notify the Secretary as soon as practicable and take all reasonable steps to recover the deer or, if unrecoverable, destroy it (reg 13(2)). If a deer is not recovered within 48 hours after the Secretary is notified, the deer is forfeited to the Crown, but licence holders may apply for an extension and the Secretary has discretion to extend or refuse (regs 13(3)-(5)). Where ownership cannot be established, these extension provisions do not apply (reg 13(6)).
Wildlife officer powers after escape. A wildlife officer is to take necessary steps to facilitate recovery or to destroy the deer if the officer considers it poses a threat or the owner consents to destruction (reg 14(1)). Wildlife officers may give written notices to licence holders or operators specifying actions to recover or destroy escaped deer or to prevent further escapes, and recipients must comply (reg 14(2)-(3)). Licence holders are liable for reasonable costs incurred by wildlife officers in recovery or destruction, and the Crown is not liable for compensation in respect of a destroyed escaped deer (reg 14(4)-(5)).
Licensing lifecycle and review rights. Licences last five years and are renewable with an application in the month before expiry (reg 7(1)-(3)). If a renewal application is pending at expiry, the licence continues in force until determination or withdrawal (reg 7(5)). The Secretary may cancel a licence for enumerated reasons including ceasing to operate, abandonment, failure to comply with a notice, or conviction under the Animal Welfare Act 1993 that results in prohibition on keeping domestic livestock (reg 8(1)-(2)). Suspension is permitted where grounds for cancellation exist and suspension is considered more appropriate; the Secretary may effect immediate suspension where there is a risk to public health, safety or animals (reg 9(1), (4)). A licence holder is entitled to review in the Tasmanian Civil and Administrative Tribunal for refusals of applications, cancellations and suspensions as detailed in regs 5(5)-(6), 8(7) and 9(6).
Abandonment and transfers. Licence holders must not abandon a deer farm while farm deer remain on the site; specific acts constitute abandonment, including transfers of title, transfers of leases, or leasing the property to another without giving at least 28 days’ notice to the Secretary (reg 15(1)-(2)). The person who ceases to hold a licence must not abandon the farm while deer remain; failing to renew a licence, or cancelling the licence and failing to comply with Secretary’s requirements, also amounts to abandonment (reg 15(3)-(4)). Abandonment attracts a penalty of up to 100 penalty units (reg 15(1), (3)).
Infringement notices and multiple offenders. Schedule 1 lists offences for which infringement notices may be issued under s 62 of the Nature Conservation Act 2002 and sets the applicable penalty units, commonly four penalty units (reg 16; Schedule 1). The regulations also address proceedings against multiple persons, allowing action against any or all persons liable and providing a specific defence where a defendant proves on reasonable grounds that they believed another person had taken the required action (reg 17).
Collectively these duties allocate decision rights to the Secretary and wildlife officers, and assign operational responsibilities and financial liabilities to licence holders and operators, with statutory rights of review where the regulations specify them.