Exhibited Animals Protection Act 1986 (NSW)

Exhibited Animals Protection Act 1986 No 123

An Act with respect to the exhibition of animals at marine or zoological parks, circuses and other places.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Exhibited Animals Protection Act 1986.

2 Commencement (1) Sections 1 and 2 shall commence on the date of assent to this Act. (2) Except as provided by subsection (1), the several provisions of this Act shall commence on such day or days as may be appointed by the Governor and notified by proclamation published in the Gazette.

3 Application of Act (1) This Act binds the Crown. (2) Nothing in this Act affects the operation of the Prevention of Cruelty to Animals Act 1979 or any regulation made under that Act.

4 Exemptions (1) The Governor may by regulation— (a) exempt, to the extent prescribed, any specified person or premises or persons or premises of a specified class from the operation of this Act, and (b) exempt, in prescribed circumstances, any specified person or premises or persons or premises of any specified class from any requirement made by or under this Act, either unconditionally or subject to conditions. (2) Where an exemption is given subject to conditions, the exemption does not have effect while any of the conditions is not being complied with. (3) Regulations made for the purposes of this section may provide that any failure to comply with a condition prescribed in relation to an exemption is an offence under the regulations.

5 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— advisory committee means the committee constituted by this Act. animal means a vertebrate animal, and includes a mammal, bird, reptile, amphibian and fish, but does not include a human being. animal display establishment means premises used for the exhibition of animals and includes a zoological park, marine park and oceanarium. approval means an approval issued under Part 3 and in force. board means the Zoological Parks Board of New South Wales. Department means Regional NSW. exhibit, in relation to an animal, means the display, or the keeping for display, of the animal for educational, cultural, scientific, entertainment or other prescribed purposes, but does not include the display, or the keeping for display, of an animal solely— (a) in connection with the sale or intended sale of the animal, (b) for animal research, within the meaning of the Animal Research Act 1985, or (c) in circumstances declared by the regulations not to constitute an exhibition of the animal for the purposes of this Act. inspector means a person appointed or authorised under section 38. licence means a licence issued under Part 3 and in force. licensed animal display establishment means premises that are the subject of a licence. licensee means the holder for the time being of a licence. member means a member of the advisory committee. occupier, in relation to premises— (a) includes a person in charge of the premises as a manager or lessee or otherwise, and (b) where the premises are the subject of a licence, includes the licensee. permit means a permit issued under Part 3 and in force. premises includes any land or place (whether or not wholly or partly built upon or covered by water) and any part thereof. register means the register referred to in section 20. regulation means a regulation made under this Act. Secretary means the Secretary of the Department. sell includes— (a) auction or exchange, (b) offer, expose, supply or receive for sale, (c) send, forward or deliver for sale or on sale, and (d) have in possession for sale. species includes order, class and description. zoological park means— (a) zoological gardens, (b) aquariums, and (c) similar institutions, in which animals are exhibited or displayed, or kept for display, for any prescribed purpose. (2) In this Act— (a) a reference to a function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.