Nature Conservation (Wildlife) Regulations 2021 (Tas)

Nature Conservation (Wildlife) Regulations 2021

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Nature Conservation Act 2002 .

22 November 2021

B. BAKER

Governor

By Her Excellency's Command,

GUY BARNETT

Minister for Primary Industries and Water

PART 1 - Preliminary

1. Short title These regulations may be cited as the Nature Conservation (Wildlife) Regulations 2021 .

2. Commencement These regulations take effect on the day on which their making is notified in the Gazette.

3. Interpretation (1) In these regulations, unless the contrary intention appears – Act means the Nature Conservation Act 2002 ; adult male deer means a male deer with branching antlers; antlerless deer means a deer that is without antlers; applicant means a person who makes an application for – (a) a licence or permit under these regulations; or (b) an authorisation of the Secretary under regulation 96 ; approved means determined by the Secretary; brow tine, in relation to a deer, means the tine closest to the deer's brow; buy includes – (a) acquire, or offer to acquire, for any consideration; and (b) receive, or accept, under a contract to sell; and (c) offer to receive, or to accept, under a contract to sell; and (d) cause, or suffer, to be received, or accepted, under a contract to sell; certified forest practices plan means a certified forest practices plan, within the meaning of the Forest Practices Act 1985 ; commercial purpose means for the purpose of sale, purchase, processing, manufacture or any other purpose that is directed to gain or reward; commercial purposes licence means a licence, referred to in regulation 29 , that is in force; commercial taxidermy includes taxidermy performed for a commercial purpose; commercial taxidermy licence means a licence, referred to in regulation 30 , that is in force; commercial wildlife traders licence means a licence, referred to in regulation 31 , that is in force; deer means a deer, including an immature male deer, that – (a) is an animal of the species European Fallow Deer (Dama dama dama); and (b) is partly protected wildlife; and (c) is not a deer that is in captivity at a farm authorised under regulations made under the Act; detection device means – (a) a light, lamp, lantern or other device that is, or can be, used for the purpose of providing illumination; and (b) night vision equipment; and (c) a thermal imaging device; deterrent device means a device, or a device of a class of devices, approved under regulation 97 ; display, in relation to wildlife, means the showing or presentation of wildlife in captivity for viewing by the public or otherwise; dog race means a race involving the pursuit, by dogs, of a lure that is the carcass, or part of the carcass, of an animal; drag-hunt means a hunt in which dogs are encouraged to follow a scent trail made by dragging the carcass, or part of the carcass, of an animal over the ground; emergency rescue, in relation to wildlife, means the rescue of wildlife, by a person, that is found and assessed by the person to be suffering from, or at risk of suffering from, injury, illness or abandonment; enclosure includes each of the following in which, or by means of which, wildlife is contained: (a) a pen, aviary or cage; (b) a building, structure or fence; exhibited wildlife means wildlife that is predominantly kept in a wildlife or fauna park, or a similar location, for the purpose of public viewing, public education or public entertainment, on payment of a fee or otherwise; hunting licence means a licence, referred to in regulation 32 , that is in force; immature male deer means a male deer with antlers that do not branch; injured, in relation to wildlife, includes wildlife that – (a) is one or more of the following: (i) injured; (ii) diseased; (iii) orphaned; and (b) requires treatment, or intervention, to ensure the health, wellbeing or survival of the wildlife; lead shot means shot that is made of lead or an alloy containing lead; licence means a licence, granted under these regulations, that is in force; naturally cast, in relation to a material or thing from wildlife or product of wildlife, includes where the material or thing has not been removed from the wildlife, or product of wildlife – (a) by a human; or (b) as a result of human intervention or interaction with the wildlife or product of wildlife; open season, in relation to a species of partly protected wildlife, means the season during which the taking of the species is specified and permitted by order under section 30 of the Act; permit means a permit that is granted under these regulations and is in force; pheasant means a bird of the species Phasianus colchicus; prescribed tag, in relation to deer, means a tag issued, to the holder of a licence authorising the taking of deer, at the time at which the licence is issued; property protection permit means a permit, referred to in regulation 34 , that is in force; protected wildlife means wildlife of a species specified in Schedule 1 or 2 ; public authority management agreement means a public authority management agreement, within the meaning of the Threatened Species Protection Act 1995 ; public land includes – (a) land that is managed by a statutory authority and that is land to which members of the public have lawful access; and (b) Crown land that is subject to a lease and that is land to which members of the public have lawful access; public street has the same meaning as in the Traffic Act 1925 ; rehabilitated wildlife means wildlife that – (a) has been injured; and (b) after those injuries have been treated, has been assessed by the Secretary, a veterinary surgeon or the holder of a wildlife rehabilitation permit as being able to survive if released from captivity; relevant fee, in relation to a matter, means the fee specified for that matter in Schedule 3 ; relevant offence means an offence determined as a relevant offence in accordance with regulation 4 ; relevant waters means – (a) a wetland; and (b) a lake, dam or harbour; and (c) an estuary or lagoon; and (d) a river, creek, canal or other watercourse; restricted (special purpose) wildlife means wildlife of a species specified in Schedule 4 ; restricted (special purpose) wildlife permit means a permit, referred to in regulation 35 , that is in force; scientific or educational wildlife permit means a permit, referred to in regulation 36 , that is in force; seal deterrent permit means a permit, referred to in regulation 37 , that is in force; sell, whether by wholesale or retail, includes – (a) offer, display or expose for sale; and (b) keep, or have in possession, for sale; and (c) barter or exchange; and (d) deal in or agree to sell; and (e) supply, send, forward or deliver for sale or for, or in expectation of receiving, payment or other consideration; and (f) authorise, cause, attempt or permit an act referred to in this definition; specially protected wildlife means wildlife of a species specified in Schedule 5 ; special purposes wildlife permit means a permit, referred to in regulation 38 , that is in force; stock includes – (a) goats, horses, cattle, sheep, swine, cervids and camelids; and (b) poultry of any kind; and (c) oysters, mussels, abalone, scallops and clams; and (d) fish of the family Salmonidae and goldfish; taxidermy means – (a) preparing and mounting parts, or complete specimens, of products of wildlife for the purpose of preserving those parts or specimens of products of wildlife in lifelike form; or (b) restoring already preserved parts or specimens that are products of wildlife; travelling wildlife exhibition means the keeping, or display, of exhibited wildlife at a location other than a location specified in a wildlife exhibition licence under which the exhibited wildlife are so kept or displayed; travelling wildlife exhibition permit means a permit, referred to in regulation 39 , that is in force; trez tine, in relation to a deer, means the first major tine after the brow tine of the deer; veterinary surgeon means a registered veterinary surgeon within the meaning of the Veterinary Surgeons Act 1987 ; wallaby means an animal of the species – (a) Notamacropus rufogriseus rufogriseus; or (b) Thylogale billardierii; wetland means a marsh, mudflat, or other expanse of land, that is permanently, intermittently or cyclically inundated with water, whether – (a) the water is static or flowing; or (b) the water is fresh, brackish or salt; or (c) the inundation occurs as a result of a natural or artificial process; wild duck means a bird of a species that is – (a) a member of the family Anatidae; and (b) partly protected wildlife; wildlife display permit means a permit, referred to in regulation 40 , that is in force; wildlife exhibition licence means a licence, referred to in regulation 33 , that is in force; wildlife export permit means a permit, referred to in regulation 41 , that is in force; wildlife officer means – (a) the Secretary; and (b) an inspector within the meaning of the Animal Health Act 1995 ; and (c) an authorised officer; and (d) a person employed in the Department who is appointed by the Secretary to be a wildlife officer; wildlife rehabilitation permit means a permit, referred to in regulation 42 , that is in force. (2) In these regulations, a reference to an animal by its scientific name is taken to include a reference to that scientific name as amended or updated from time to time. (3) In these regulations, a reference to products of wildlife does not include a reference to an item specified in regulation 5 .