Section 127 - Wildlife Regulations 2024 - Exemptions from offences in the Act relating to protected wildlife listed in Part A of Schedule 4 or infertile emu eggs | Zoe
127 Exemptions from offences in the Act relating to protected wildlife listed in Part A of Schedule 4 or infertile emu eggs
(1) A person who buys, sells, acquires, receives, disposes of, keeps, possesses or displays wildlife to which this regulation applies is exempt from the operation of sections 45 and 47 of the Act, to the extent that the buying, selling, acquiring, receiving, disposing, keeping, possessing or displaying of that wildlife is not for the purposes of hunting and the wildlife—
(a) has been bred in captivity; or
(b) is from a source approved by the relevant body.
(2) A person who breeds wildlife to which this regulation applies is exempt from the operation of sections 45 and 47 of the Act, to the extent that the breeding of the wildlife is not for the purposes of hunting, and the wildlife is bred from specimens that—
(b) are from a source approved by the relevant body.
(3) For the purposes of subregulations (1)(b) and (2)(b), the relevant body may approve, in writing, a source from which wildlife that has not been bred in captivity may be obtained.
(4) The relevant body may impose conditions on an approval given under subregulation (3).
(5) A person described in subregulation (1) or (2) may apply for an approval from the relevant body under subregulation (3) in the form and manner specified by the relevant body.
wildlife to which this regulation applies means—
(a) wildlife listed in Part A of Schedule 4; or
(b) infertile eggs of wildlife listed in Schedule 7.
128 Exemptions from offence in the Act relating to protected wildlife that is a specified bird
(1) A person who buys, sells, acquires, receives, disposes of, keeps, possesses or displays specified birds is exempt from the operation of section 47 of the Act, to the extent that—
(a) the buying, selling, acquiring, receiving, disposing, keeping, possessing or displaying of those specified birds is for any of the following purposes—
(i) a purpose not related to hunting;
(ii) the purpose of selling or disposing of those specified birds to the holder of a game bird farmer licence; and
(b) the specified birds have been bred in captivity or are from a source approved by the Game Management Authority.
(2) A person who buys, sells, acquires, receives, disposes of, possesses, processes or displays specified birds is exempt from the operation of section 47 of the Act, to the extent that the buying, selling, acquiring, receiving, disposing, possessing, processing or displaying of those specified birds is not for the purposes of taxidermy and—
(a) the specified birds have been bred in captivity or are from a source approved by the Game Management Authority; or
(b) the person is the operator of a meat processing facility licensed under the Meat Industry Act 1993 and the specified birds have been lawfully obtained from—
(i) the holder of a licence under section 22 or 22A of the Act or an authorisation under section 28A of the Act who is acting in accordance with that licence or authorisation; or
(ii) a person acting in accordance with an authorisation order made under section 28G of the Act; or
(iii) a person acting in accordance with an Order made under section 7A of the Act; or
(iv) a person who has lawfully taken those specified birds in accordance with a corresponding law of another State or a Territory of the Commonwealth.
(3) A person who breeds specified birds is exempt from the operation of section 47 of the Act, to the extent that—
(a) the breeding of those specified birds is—
(i) for a purpose not related to hunting or taxidermy; or
(ii) for the purpose of selling or disposing of those specified birds to the holder of a game bird farmer licence; and
(b) the specified birds are bred from specimens that—
(i) have been bred in captivity; or
(ii) are from a source approved by the Game Management Authority.
(4) For the purposes of subregulations (1)(b), (2)(a) and (3)(b), the Game Management Authority may approve, in writing, a source from which specified birds that have not been bred in captivity may be obtained.
(5) The Game Management Authority may impose conditions on an approval given under subregulation (4).
(6) A person described in subregulation (1), (2) or (3) may apply for an approval from the Game Management Authority under subregulation (4) in the form and manner specified by the Game Management Authority.
129 Exemptions from offence in the Act relating to protected wildlife listed in Part B of Schedule 4
(1) A person who keeps or possesses wildlife listed in Part B of Schedule 4 is exempt from the operation of section 47 of the Act, to the extent that the person keeps or possesses wildlife that has been bred in captivity or is from a source approved by the Secretary.
(2) A person who breeds wildlife listed in Part B of Schedule 4 is exempt from the operation of section 47 of the Act, to the extent that wildlife bred by the person is bred from specimens that—
(b) are from a source approved by the Secretary.
(3) A person who buys, sells, acquires, receives or disposes of wildlife listed in Part B of Schedule 4 is exempt from the operation of section 47 of the Act, to the extent that—
(a) the buying, selling, acquiring, receiving or disposing of that wildlife is not for commercial purposes; and
(b) in the case of a person who sells that wildlife, the sale is not conducted at a shop or business premises; and
(c) the wildlife has been bred in captivity or is from a source approved by the Secretary.
A person who sells or disposes of wildlife listed in Part B of Schedule 4 is exempt from the operation of section 47 of the Act, to the extent that
(a) in the case of a person who sells that wildlife—
(i) the wildlife is sold to the holder of a wildlife dealer licence; and
(ii) the person who sells the wildlife is provided with evidence of that licence holder's identity and licence; and
(b) the wildlife has been bred in captivity or is from a source approved by the Secretary.
(5) For the purposes of subregulations (1), (2), (3) and (4), the Secretary may approve, in writing, a source from which wildlife that has not been bred in captivity may be obtained.
(6) The Secretary may impose conditions on an approval given under subregulation (5).
(7) A person described in subregulation (1), (2), (3) or (4) may apply for an approval from the Secretary under subregulation (5) in the form and manner specified by the Secretary.
130 Exemption from offence in the Act relating to parts of protected wildlife listed in Part A of Schedule 5 or emu egg shells
(1) A person who buys, sells or possesses parts of wildlife to which this regulation applies is exempt from the operation of section 47 of the Act, to the extent that—
(a) in the case of parts of wildlife listed in Part A of Schedule 5, the wildlife has been bred in captivity or is from a source approved by the Secretary; or
(b) in the case of shells of eggs of an emu, the emu that laid those eggs has been bred in captivity or is from a source approved by the Secretary.
(2) For the purposes of subregulation (1), the Secretary may approve, in writing, a source from which wildlife that has not been bred in captivity may be obtained.
(3) A person described in subregulation (1) may apply for an approval from the Secretary under subregulation (2) in the form and manner specified by the Secretary.
(4) In this regulation—
parts of wildlife to which this regulation applies means any of the following that have been processed (but not taxidermied) in accordance with the Act or a corresponding law of another State or a Territory of the Commonwealth—
(a) parts of wildlife listed in Part A of Schedule 5 in any form;
(b) shells of eggs of an emu.
131 Exemptions from offence in the Act relating to protected wildlife listed in Part B of Schedule 5
(1) A person who buys, sells, acquires, receives, disposes of, possesses, processes or displays wildlife listed in Part B of Schedule 5 is exempt from the operation of section 47 of the Act, to the extent that the buying, selling, acquiring, receiving, disposing of, possessing, processing or displaying of that wildlife is not for the purposes of taxidermy and—
(a) the wildlife has been bred in captivity or is from a source approved by the relevant body; or
(b) the person is a licensee, manager or operator of, or is employed at, a meat processing facility licensed under the Meat Industry Act 1993, and the wildlife has been lawfully obtained from a person who took and destroyed the wildlife in accordance with a specified authorisation.
(2) A person who is employed at a waste management facility within the meaning in the Environment Protection Act 2017 and who acquires, receives, disposes of or possesses dead wildlife listed in Part B of Schedule 5 in the course of the person's employment at the facility is exempt from the operation of section 47 of the Act.
(3) A person who breeds wildlife listed in Part B of Schedule 5 is exempt from the operation of section 47 of the Act, to the extent that the breeding of that wildlife is not for the purposes of taxidermy and the wildlife is bred from specimens that—
(b) are from a source approved by the relevant body.
(4) A person (the acquirer) who acquires, receives, disposes of, possesses or processes dead wildlife listed in Part B of Schedule 5 that is not taxidermied is exempt from the operation of section 47 of the Act to the extent that the acquirer—
(a) does not sell that dead wildlife; and
(b) reasonably believes that the wildlife was lawfully taken and destroyed by a person acting in accordance with a specified authorisation.
(5) A person who buys, sells, acquires, receives, disposes of or possesses dead wildlife listed in Part B of Schedule 5 is exempt from the operation of section 47 of the Act if the wildlife was processed in, or is being sold for processing in—
(a) a meat processing facility licensed under the Meat Industry Act 1993; or
(b) a place that is licensed or authorised to process meat in accordance with the laws of another State or a Territory of the Commonwealth.
(6) A person who takes samples from dead wildlife listed in Part B of Schedule 5 is exempt from the operation of section 47 of the Act if the person took and destroyed the wildlife in accordance with a specified authorisation.
(7) For the purposes of subregulations (1)(a) and (3)(b), the relevant body may approve, in writing, a source from which wildlife that has not been bred in captivity may be obtained.
(8) The relevant body may impose conditions on an approval given under subregulation (7).
(9) A person described in subregulation (1) or (3) may apply for an approval from the relevant body under subregulation (7) in the form and manner specified by the relevant body.
(10) In this regulation—
specified authorisation means any of the following—
(a) a licence issued under section 22 or 22A of the Act or an authorisation issued under section 28A of the Act;
(b) an authorisation order made under section 28G of the Act;
(c) an Order made under section 7A of the Act;
(d) a corresponding law of another State or a Territory of the Commonwealth.
132 Exemptions from offences in the Act for the purpose of treating sick, injured or abandoned wildlife
(1) A person who temporarily possesses a specimen of sick, injured or abandoned wildlife for the purpose of transporting it to—
(a) a registered veterinary practitioner; or
(b) a person who is the holder of an authorisation under section 28A(1)(f) of the Act—
is exempt from the operation of sections 45 and 47 of the Act to the extent that sections 45 and 47 relate to the possession of that wildlife for that purpose.
(2) A registered veterinary practitioner who temporarily possesses sick, injured or abandoned wildlife for the purpose of administering veterinary treatment to the wildlife is exempt from the operation of sections 45 and 47 of the Act, to the extent that sections 45 and 47 relate to the possession of that wildlife for that purpose by the practitioner.
133 Exemption from offences in the Act relating to threatened and protected wildlife for the Zoological Parks and Gardens Board
The Zoological Parks and Gardens Board is exempt from the operation of sections 45 and 47 of the Act.
134 Exemption from offence in the Act relating to participation in an approved wildlife event
A person who buys, sells, acquires, receives, keeps, possesses or displays wildlife at an approved wildlife event is exempt from the operation of section 47 of the Act to the extent that—
(a) the person holds a category of wildlife licence specified in the notice of the approved wildlife event; and
(b) the person complies with any conditions imposed in relation to the approved wildlife event.
Regulation 113(3) provides that a notice of a wildlife event approved by the Secretary must specify the category of wildlife licence to which the event applies, and may specify any conditions that apply to the buying, selling, acquiring, receiving, keeping, possessing or displaying of wildlife at the wildlife event.
135 Exemption from offences in the Act relating to possessing threatened and protected wildlife for the purposes of transporting the wildlife
A person who possesses wildlife, except wildlife listed in Part B of Schedule 5, for the purposes of transporting that wildlife on behalf of, or at the request of, a holder of a wildlife licence is exempt from the operation of sections 45 and 47 of the Act, to the extent that the person has a letter of authorisation or delivery docket that has been provided by the licence holder and which the person reasonably believes states—
(a) the name and address and wildlife licence number (if any) of the owner of the wildlife; and
(b) the name and address and wildlife licence number (if any) of the person to whom the wildlife is being transported; and
(c) the common name (if any) specified in the relevant Schedule to these Regulations of each taxon of wildlife that is being transported; and
(d) the number of specimens of each taxon of wildlife being transported; and
(e) the date on which the wildlife is being transported.
136 Exemptions from offences relating to possessing deer for the purposes of transporting the deer
(1) A person acting in accordance with an Order made under section 7A of the Act who possesses wildlife listed in Part B of Schedule 5 and is transporting the wildlife on Crown land is exempt from the operation of section 47 of the Act, to the extent that section 47 relates to the possession of that wildlife.
(2) A person (the possessor) who possesses wildlife listed in Part B of Schedule 5 for the purposes of transporting that wildlife on behalf of, or at the request of, a specified person is exempt from the operation of section 47 of the Act to the extent that the person has a letter of authorisation or delivery docket that has been provided by the specified person and which the possessor reasonably believes states—
(a) the name and address of the person from whom the wildlife was obtained; and
(b) the address of the premises from which the wildlife was obtained; and
(c) the name and address of the person to whom the wildlife is being transported; and
(d) the date on which the wildlife is being transported.
(3) In this regulation—
specified person means—
(a) a person acting in accordance with an Order made under section 7A of the Act, if the wildlife is being transported on Crown land; or
(b) the holder of a licence under section 22 or 22A of the Act or an authorisation under section 28A of the Act who is acting in accordance with that licence or authorisation; or
(c) a person acting in accordance with an authorisation order made under section 28G of the Act.
137 Exemptions from offences relating to possessing threatened and protected wildlife for persons possessing cast, shed or sloughed products of wildlife
A person who possesses cast or shed wildlife feathers, sloughed skins of reptiles or cast antlers of deer is exempt from the operation of sections 45 and 47 of the Act to the extent that sections 45 and 47 relate to the possession of those products by the person.