Statutory Rules 1987 No. 1391

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National Parks and Wildlife Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Parks and Wildlife Conservation Act 1975.

Dated 18 June 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

BARRY COHEN

Minister of State for Arts,
Heritage and Environment

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Principal Regulations

1. In these Regulations, “Principal Regulations” means the National Parks and Wildlife Regulations.

Certain activities prohibited in parks and reserves

2. Regulation 7 of the Principal Regulations is amended by omitting from paragraph (6) (a) “force or” and substituting “force of”.

Use of vessels propelled by power

3. Regulation 8e of the Principal Regulations is amended by omitting from subregulation (6) “4” and substituting “(4)”.

Insertion of Part III

4. After Part II of the Principal Regulations the following Part is inserted:

(S.R. 42/87)—Cat. No.     14/1.6.1987

“PART III—WILDLIFE CONSERVATION

Interpretation

“16aa. In this Part, unless the contrary intention appears:

‘authority’ means an authority given under regulation 16ah;

‘licence’ means a licence granted under regulation 16ad;

‘licensee’ means the holder of a licence;

‘prescribed law’ means the Whale Protection Act 1980, the Wildlife Protection (Regulation of Exports and Imports) Act 1982 or any law or a State or Territory relating to the protection and conservation of wildlife;

 ‘protected animal’ means an animal specified in Schedule 1, 2 or 3;

‘protected plant’ means pelagic algae occurring naturally in a place in or on which this Part applies;

‘sell’ includes exchange or give.

Application of Part

“16ab. This Part applies only in or on the continental shelf of Australia, the superjacent waters beyond the adjacent coastal sea and sea-bed of the States, the Northern Territory and the Jervis Bay Territory, the sea-bed and subsoil beneath those waters and the airspace above those waters, excluding the Great Barrier Reef Marine Park.

Licence—application

“16ac. (1) A person may apply to the Director for a licence:

(a) to kill, take, keep, sell or purchase a protected animal; or

(b) to take, keep, sell or purchase a protected plant.

“(2) An application under subregulation (1) shall:

(a) be in writing and signed by the applicant;

(b) contain particulars of the name and address of the applicant and the date of the application;

(c) state whether the applicant has, within 3 years immediately preceding the date of the application, been convicted of an offence against the Act, these Regulations or a prescribed law;

(d) specify the nature of the activity in respect of which the licence is sought;

(e) specify the maximum number of persons (if any) to whom the applicant intends to give an authority;

(f) specify:

(i) the species or sub-species of animals or plants to which that activity relates;

(ii) the number of animals or plants of each species or subspecies to which that activity relates;

(iii) the place and time at which, and the manner in which, the applicant proposes to carry on that activity; and

(iv) the purpose of that activity; and

(g) be accompanied by the prescribed fee.

“(3) For the purposes of this regulation, the prescribed fee is $10.

Licence—grant

“16ad. (1) Upon receipt of an application in accordance with regulation 16ac and upon payment of the prescribed fee referred to in that regulation, the Director may grant to the applicant a licence authorising the activity specified in the application if:

(a) that activity is not likely to affect adversely the population of a protected animal or protected plant (including an animal or plant other than that to which the application relates);

(b) the purpose of that activity is scientific research into, educational study of, or non-commercial propagation of, the protected animal or protected plant to which the application relates; and

(c) the applicant has not, within 3 years immediately preceding the date of the application, been convicted of an offence against the Act, these Regulations or a prescribed law.

“(2) A licence may be granted subject to such conditions (if any) as the Director specifies in the licence, being conditions relating to:

(a) the species or sub-species of animals or plants, and the number of animals or plants of each species or sub-species, to which the activity authorised by the licence relates;

(b) the place and time at which, and the manner in which, the licensee may carry on that activity;

(c) the purpose of that activity;

(d) the maximum number of persons (if any) to whom the licensee may give an authority; and

(e) the protection or conservation of wildlife and the well-being of protected animals kept in captivity by the licensee.

Licence—expiration

“16ae. Subject to regulations 16af and 16ag, a licence shall remain in force until the expiration of such day, being a day not more than one year after the day on which the licence is granted, as is specified in the licence.

Licence—suspension

“16af, (1) Where the Director suspects, on reasonable grounds, that circumstances exist by reason of which he or she would be empowered to cancel a licence, the Director may, by notice in writing served on the licensee, suspend the licence for such period, not exceeding 28 days, as is specified in the notice.

“(2) A suspension under this regulation shall not be renewed.

“(3) During the period of suspension of a licence, the licence has no force or effect.

Licence—cancellation

“16ag. The Director may, by notice in writing served on a licensee, cancel the licence held by the licensee where:

(a) since the granting of the licence, a change has occurred in relation to a matter that was taken into account in determining the application for the licence, being a change that makes it desirable, for the protection or conservation of wildlife, that the activity authorised by the licence should cease;

(b) the licensee has contravened a condition of the licence; or

(c) the licensee is convicted of an offence against the Act, these Regulations or a prescribed law.

Authorities under licences

“16ah. (1) A licensee may, with the written consent of the Director, either generally or as otherwise provided by the instrument of authority, give to a person written authority to carry on, for and on behalf of the licensee, any activity that may lawfully be carried on in accordance with the licence.

“(2) The Director shall not give his or her consent under subregulation (1) if:

(a) the person to whom an authority is proposed to be given has, at any time within the immediately preceding period of 3 years, been convicted of an offence against the Act, these Regulations or a prescribed law; or

(b) the giving of an authority to the person would contravene a condition of the licence.

“(3) Where the carrying on of an activity by a person is authorised by an authority, the licence shall, for the purposes of these Regulations, be deemed to authorise that person to carry on that activity.

“(4) The giving of an authority does not prevent the carrying on of an activity by the licensee.

“(5) Except as provided in this regulation, a licence does not authorise the carrying on of any activity by a person for or on behalf of the licensee.

“(6) A licensee who gives an authority shall give to the Director written notice of that fact within 14 days after giving the authority.

“(7) A licensee who, without reasonable excuse, refuses or fails to comply with subregulation (6) is guilty of an offence punishable, on conviction, by a fine not exceeding $1,000.

Offences relating to protected animals and plants

“16ai. (1) A person shall not:

(a) kill or injure a protected animal, being an animal specified in Schedule 1;

(b) take, keep, sell or purchase such a protected animal; or

(c) interfere with the nest or dwelling of such a protected animal.

Penalty: $1,000.

“(2) A person shall not:

(a) kill or injure a protected animal, being an animal specified in Schedule 2 or 3;

(b) take, keep, sell or purchase such a protected animal; or

(c) interfere with the nest or dwelling of such a protected animal.

Penalty: $2,000.

“(3) A person shall not:

(a) kill or damage a protected plant; or

(b) take, keep, sell or purchase a protected plant.

Penalty: $1,000.

“(4) Subregulations (1), (2) and (3) do not apply in relation to an activity by a person who is authorised, or deemed to be authorised, to carry on that activity by a licence.

“(5) Subregulations (1) and (2) do not apply to an act by a person that is reasonably necessary:

(a) to avoid loss of human life, injury to a person or damage to property; or

(b) to relieve or prevent the suffering of a protected animal.

“(6) Subregulations (1) and (2) do not apply to an act by a person who is an Australian Aboriginal, being an act that is in accordance with the traditions of the race of that person in relation to the hunting of a protected animal for food in the area in which the act is done.

“(7) Paragraphs (1) (a), (1) (c), (2) (a), (2) (c) and (3) (a) do not apply to an act by a person who is engaged in a licensed commercial fishing operation, being an act that is unavoidable in the course of carrying out that operation.

Licensee to keep records

“16aj. (1) A licensee authorised to keep a protected animal shall keep a record in relation to each protected animal kept by the licensee specifying:

(a) the species or sub-species of that animal;

(b) when, how and at what place that animal was acquired; and

(c) the name and address of any person from whom that animal was acquired;

and, where that animal ceases to be kept by the licensee, the licensee shall enter in that record particulars of the name and address of the person to whom that animal was sold and the date of the sale of that animal or the circumstances in which the licensee otherwise ceased to keep that animal.

“(2) A licensee shall retain each record kept in accordance with subregulation (1) for a period of not less than 3 years commencing on the day on which the animal to which the record relates ceases to be kept by the licensee.

“(3) A person who, without reasonable excuse, refuses or fails to comply with subregulation (1) or (2) is guilty of an offence punishable, on conviction, by a fine not exceeding $1,000.

Enforcement

“16ak. (1) A warden or ranger may:

(a) require a person whom the warden or ranger finds committing, or whom the warden or ranger suspects on reasonable grounds of having committed, an offence against this Part to state his or her full name and usual place of residence;

(b) require a person whom the warden or ranger suspects on reasonable grounds of having carried on an activity that the person is required to be authorised to carry on to produce the licence or authority granted or given to that person; and

(c) require a licensee who is authorised to keep a protected animal to produce any records kept by the licensee in accordance with regulation 16aj.

“(2) Where a warden or ranger (other than a member of a police force who is in uniform) makes a requirement of a person under subregulation (1), the warden or ranger shall:

(a) where he or she is a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of that police force; or

(b) in any other case—produce his or her identity card for inspection by that person;

and, if the warden or ranger fails to do so, the person is not obliged to comply with the requirement.

“(3) A person who, without reasonable excuse, refuses or fails to comply with a requirement made of the person under subregulation (1) is guilty of an offence punishable, on conviction, by a fine not exceeding $1,000.”.

Approval of town plan by Director

5. Regulation 16a of the Principal Regulations is amended by omitting from subregulation (6) “(6)” and substituting “(5)”.

Consideration and review of decisions of Director

6. Regulation 20d of the Principal Regulations is amended by inserting in paragraph (2) (a) “or 16af” after “8b”.

Form of identity card

7. Regulation 21 of the Principal Regulations is amended by omitting “the Schedule” and substituting “Schedule 4”.

Schedules

8. The Schedule to the Principal Regulations is repealed and the following Schedules are substituted:

SCHEDULE 1 Regulation 16aa

PROTECTED ANIMALS OTHER THAN BIRDS IN DANGER OF EXTINCTION AND MIGRATORY BIRDS

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SCHEDULE 2 Regulation 16aa

PROTECTED ANIMALS: BIRDS IN DANGER OF EXTINCTION

SCHEDULE 2—continued

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SCHEDULE 3 Regulation16aa

PROTECTED ANIMALS: MIGRATORY BIRDS

SCHEDULE 3—continued

SCHEDULE 3—continued

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SCHEDULE 4 Regulation 21

IDENTITY CARD

This is to certify that [name of warden or ranger], whose photograph appears hereon, is a warden [or ranger] under the National Parks and Wildlife Conservation Act 1975.

Dated this   day of   19      .

[Signature of Director]

Director

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 25 June 1987.

2. Statutory Rules 1977 No. 217 as amended by 1978 No. 166; 1979 No. 298; 1981 No. 197; 1982 No. 94; 1983 No. 135; 1985 No. 275; 1986 No. 226; 1987 No. 79.

Printed by Authority by the Commonwealth Government Printer.