120Housing of wildlife other than specified birds

120 Housing of wildlife other than specified birds

(1) A person who possesses living wildlife, other than specified birds, must keep the wildlife in a cage or enclosure that complies with subregulation (2), unless the person is acting under and in accordance with an approval given by the Secretary under subregulation (3).

(2) For the purposes of subregulation (1), the cage or enclosure must be designed, constructed and maintained to—

(a) provide for the adequate shelter for the wildlife; and

(b) prevent the escape or injury of the wildlife; and

(c) protect the wildlife from predators; and

(d) restrict access by persons not authorised by the person who possesses the wildlife; and

(e) provide for the good health and welfare of the animal in accordance with any of the following codes of practice that are relevant in the circumstances—

(i) the Code of Practice for the Welfare of Amphibians in Captivity, made under section 7(1) of the Prevention of Cruelty to Animals Act 1986, as published from time to time;

(ii) the Code of Practice for the Housing of Caged Birds (Revision Number 1), made under section 7(1) of the Prevention of Cruelty to Animals Act 1986, as published from time to time;

(iii) the Code of Practice for the Husbandry of Captive Emus (Victoria) (Revision 1), made under section 7(1) of the Prevention of Cruelty to Animals Act 1986, as published from time to time;

(iv) the Code of Practice for the Welfare of Animals—Private Keeping of Reptiles, made under section 7(1) of the Prevention of Cruelty to Animals Act 1986, as published from time to time.

(3) The Secretary may give written approval for a person to keep wildlife in an enclosure which does not comply with one or more of the requirements of subregulation (2).

(4) The Secretary may impose conditions on an approval given under subregulation (3).

(5) A person may apply for an approval under subregulation (3) in the form and manner specified by the Secretary.