This regulation may be cited as the Nature Conservation Legislation Amendment Regulation 2025.
This regulation commences on 2 October 2025.
Part 2 Amendment of Nature Conservation (Animals) Regulation 2020
This part amends the Nature Conservation (Animals) Regulation 2020.See also the amendments in schedule 1.
4Amendment of s 5 (Meaning of relevant person)
Section 5(1)(b)(i) and (2)(a), from ‘stated’—
omit, insert—in charge for the authority; or
5Amendment of s 63 (Dealing with amphibians)
Section 63(2)(d)(ii), ‘the reptile and amphibian code’—
omit, insert—a departmental code of practice
6Replacement of s 80 (Notification of particular changes)
Section 80—
omit, insert—80Notification of particular changes in authority management system
(1)This section applies if the holder of an animal authority changes, or proposes to change—(a)the postal, residential or business address of the holder; or(b)if the animal authority was automatically issued—the licensed premises for the authority to another premises in the State.(2)However, this section does not apply if the holder is a child.(3)Before or immediately after the change happens, the holder must notify the chief executive of the change by updating the holder’s information in the authority management system to reflect the change.80ANotification of particular changes by application for amendment
(1)This section applies if the holder of an animal authority changes, or proposes to change—(a)the postal, residential or business address of the holder; or(b)the licensed premises for the authority; or(c)the place where an authorised animal is kept under the authority; or(d)the name of the holder; or(e)if the holder is a corporation—the person in charge for the authority.(2)However, this section does not apply if, under section 80, the holder has updated the holder’s information in the authority management system to reflect the change.(3)Before or immediately after the change happens, the holder must notify the chief executive of the change by applying for an amendment of the animal authority to reflect the change.For amending an animal authority by application, see chapter 5, part 6, division 2.
7Replacement of ch 4, pt 3, div 1 (Grant and restrictions on grant)
Chapter 4, part 3, division 1—
omit, insert—88AStandard licence prescribed for automatic issue, amendment and renewal—Act, s 143B
(1)For section 143B(1)(a) of the Act, a standard licence is prescribed as a type of relevant authority that may be automatically issued to a person by the operation of the authority management system.See also chapter 5, part 1.(2)For section 143B(1)(b) of the Act, a standard licence is prescribed as a type of relevant authority that may be automatically amended or renewed by the operation of the authority management system.See also chapter 5, part 5, division 2 and chapter 5, part 6, division 2, subdivision 2.89Grant or automatic issue of licence
(1)A standard licence may be granted by the chief executive, or automatically issued, for a captive, live class 1 animal.(2)This section is subject to section 90 and chapter 5, parts 1 and 2.90Restrictions on grant or automatic issue of licence
A standard licence must not be granted by the chief executive, or automatically issued, to a person if—(a)the licence would, if granted or issued, authorise the person to keep or use more than 10 animals under the licence; or(b)the person holds another standard licence, a specialised licence or an advanced licence.
8Replacement of ch 4, pt 4, div 1 (Grant and restrictions on grant)
Chapter 4, part 4, division 1—
omit, insert—99ASpecialised licence prescribed for automatic issue, amendment and renewal—Act, s 143B
(1)For section 143B(1)(a) of the Act, a specialised licence is prescribed as a type of relevant authority that may be automatically issued to a person by the operation of the authority management system.See also chapter 5, part 1.(2)For section 143B(1)(b) of the Act, a specialised licence is prescribed as a type of relevant authority that may be automatically amended or renewed by the operation of the authority management system.See also chapter 5, part 5, division 2 and chapter 5, part 6, division 2, subdivision 2.100Grant or automatic issue of licence
(1)A specialised licence may be granted by the chief executive, or automatically issued, for—(a)a captive, live class 1 animal; or(b)a captive, live class 2 animal.(2)This section is subject to sections 101 to 101B and chapter 5, parts 1 and 2.101 Restrictions on grant or automatic issue of licence
A specialised licence must not be granted by the chief executive, or automatically issued, to a person if—(a)the licence would, if granted or issued, authorise the person to keep or use more than a total of 50 live birds, reptiles or amphibians under the licence; or(b)the person holds another specialised licence, a standard licence or an advanced licence.101A Additional restrictions on grant by chief executive
The chief executive must not grant a specialised licence to a person for a dangerous animal unless—(a)the person is an adult; and(b)the chief executive is satisfied the person has the knowledge, experience and facilities necessary to keep the animal in the way required under a departmental code of practice for the animal.101B Additional restrictions on automatic issue
A specialised licence must not be automatically issued to a person if the licence is for a dangerous animal.
9Replacement of ch 4, pt 5, div 1 (Grant and restrictions on grant)
Chapter 4, part 5, division 1—
omit, insert—112A Advanced licence prescribed for automatic issue, amendment and renewal—Act, s 143B
(1)For section 143B(1)(a) of the Act, an advanced licence is prescribed as a type of relevant authority that may be automatically issued to a person by the operation of the authority management system.See also chapter 5, part 1.(2)For section 143B(1)(b) of the Act, an advanced licence is prescribed as a type of relevant authority that may be automatically amended or renewed by the operation of the authority management system.See also chapter 5, part 5, division 2 and chapter 5, part 6, division 2, subdivision 2.113Grant or automatic issue of licence
(1)An advanced licence may be granted by the chief executive, or automatically issued, for—(a)a captive, live class 1 animal; or(b)a captive, live class 2 animal.(2)This section is subject to sections 114 to 114B and chapter 5, parts 1 and 2.114 Restrictions on grant or automatic issue of licence
An advanced licence must not be granted by the chief executive, or automatically issued, to a person if—(a)the person holds a standard licence or a specialised licence; or(b)the proposed premises is the licensed premises for another advanced licence.114A Additional restrictions on grant by chief executive
The chief executive must not grant an advanced licence to a person for a dangerous animal unless—(a)the person is an adult; and(b)the chief executive is satisfied the person has the knowledge, experience and facilities necessary to keep the animal in the way required under a departmental code of practice for the animal.114B Additional restrictions on automatic issue
An advanced licence must not be automatically issued to a person if the licence is for a dangerous animal.
10Replacement of ch 5, pts 1 and 2
Chapter 5, parts 1 and 2—
omit, insert—234Application and purpose of part
(1)This part applies in relation to an animal authority (a prescribed authority) that is prescribed, for section 143B(1)(a) of the Act, as a type of relevant authority that may be automatically issued to a person by the operation of the authority management system.See also sections 88A(1), 99A(1) and 112A(1).(2)For section 143B(1)(c) of the Act, this part prescribes the way in which a prescribed authority may be automatically issued to a person by the operation of the authority management system.(1)A person may apply for a prescribed authority to be issued to the person by the operation of the authority management system.(2)The application must—(a)be made using the authority management system; and(b)state the applicant particulars; and(c)be accompanied by the prescribed fee for the application.(3)The application may be accompanied by a request for a record book under section 343.236 Automatic issue of authorities
(1)A prescribed authority is to be issued automatically by the operation of the authority management system only if—(a)the applicant for the authority states the matters in section 237; and(b)the proposed premises is in the State; and(c)the applicant makes all the required declarations; and(d)under chapter 4, the authority can be automatically issued to the applicant.(2)A prescribed authority is issued subject to the conditions applying in relation to the authority under chapter 4.237Matters stated for issue of authorities
(1)For section 236(1)(a), the matters are—(a)if the applicant is a corporation—the applicant has an office in the State; and(b)if the applicant is an individual—the applicant is an adult; and(c)that neither the applicant, nor an associate of the applicant, has, within 3 years before the relevant day, been convicted of—(i)an offence against the Act; or(ii)an animal welfare offence under the Animal Care and Protection Act 2001; or(iii)an offence relating to wildlife, however described—(A)under another Act; or(B)under the law of another jurisdiction; and(d)that neither the applicant, nor an associate of the applicant, has accumulated 10 or more demerit points under section 247D within 3 years before the relevant day; and(e)that neither the applicant, nor an associate of the applicant, has been the holder of an animal authority, or a corresponding authority, that was suspended or cancelled within 3 years before the relevant day; and(f)if the applicant holds, or has held, an animal authority (the other authority) of the same type as the prescribed authority being applied for—neither the applicant, nor a relevant person for the applicant, has failed to comply with a condition of the other authority.(2)Subsection (1)(c) does not include an offence for which an infringement notice has been given under the State Penalties Enforcement Act 1999.238Particular applications to be decided by chief executive
(1)This section applies if—(a)a person makes an application for a prescribed authority under section 235; and(b)the authority cannot be issued to the person by the operation of the authority management system under section 236.(2)As soon as practicable after the application is made, the person must be given a notice, whether by the operation of the authority management system or in another way, stating—(a)the prescribed authority cannot be automatically issued to the person; and(b)the application must be decided under part 2 by the chief executive.(3)Part 2 applies in relation to the application as if it were made—(a)under section 239 to the chief executive for the grant of the prescribed authority; and(b)on the day the notice was given to the person under subsection (2).(4)However, section 239(2) does not apply in relation to the application.239Requirements for application
(1)A person may apply to the chief executive for the grant of an animal authority.(2)The application must—(a)be in the approved form; and(b)be supported by enough information to enable the application to be decided; and(c)be accompanied by the prescribed fee for the application; and(d)comply with any other requirements applying to the application under a conservation plan.(3)The application may be accompanied by a request for a record book, or approval of an electronic record system, under section 343.(1)The chief executive must not grant an animal authority to an applicant if—(a)for an applicant that is a corporation—the applicant does not have an office in the State; or(b)for a standard licence, a specialised licence or an advanced licence—the proposed premises is not in the State; or(c)the applicant is not a suitable person to hold the authority; orSee also part 2A.(d)for an application made using the authority management system—the applicant does not make a required declaration; or(e)for an applicant who is an individual—the applicant is under 13 years, unless another provision of this regulation provides otherwise; or(f)an animal to which the authority would apply has been unlawfully taken, kept or used; or(g)a conservation plan prohibits the grant of the authority in the applicant’s circumstances; or1a harvesting licence for estuarine crocodile eggs must not be granted in contravention of the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018, section 362a dealer licence for dead macropods must not be granted in contravention of the Nature Conservation (Macropod) Conservation Plan 2017, section 15(h)the activities proposed to be carried out under the authority are likely to adversely affect—(i)the conservation of native wildlife; or(ii)the ecological sustainability of native wildlife; or(i)for an authority to take, keep or use a protected animal in a dugong protection area—the taking, keeping or use of the animal is likely to—(i)significantly reduce the local dugong population; or(ii)significantly harm dugong habitat; or(j)for an authority to keep a protected animal—the proposed premises is not appropriate, or does not have appropriate facilities, for keeping the animal.Examples of premises that are not appropriate, or do not have appropriate facilities, for keeping animals—
1premises that do not have facilities enabling a person to keep an animal in a way that complies with requirements about housing the animal under this regulation2premises that would not comply with other requirements, under this regulation, for carrying out activities under the type of animal authority applied for(2)However, subsection (1)(a) does not apply in relation to a movement permit.(3)If the applicant is a child, the chief executive must not grant the animal authority to the applicant unless—(a)the child lives at the proposed premises; and(b)the child’s parents live at the proposed premises; and(c)the chief executive is satisfied the child’s parents will supervise the child while the child is carrying out activities under the authority.(4)If more than 1 licensed premises are proposed for the animal authority, the chief executive must not grant the authority to the applicant unless the chief executive is satisfied it is necessary for the applicant to carry out activities under the authority at each premises.Example of when chief executive may be satisfied—
a veterinary surgeon carrying out veterinary activities at both the surgeon’s veterinary premises and place of residence(5)In this section—dugong protection area means regulated waters declared under the Fisheries Declaration 2019, chapter 2 with a name that includes—(a)greater dugong protection area; or(b)dugong protection area.See also chapter 4 for other restrictions on grants for particular animal authorities.241Matters chief executive must consider
(1)The chief executive must consider an application for an animal authority having regard to each of the following matters—(a)whether the chief executive is restricted from granting the authority under division 2 or chapter 4;(b)the impact the activities proposed to be carried out under the authority may have on the conservation of native wildlife;(c)the effect the grant of the authority may have on the fair and equitable access to nature, in particular, the ecologically sustainable use of wildlife;(d)any contribution the applicant proposes to make to the conservation of nature;(e)any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement;(f)the precautionary principle;(g)public health and safety;(h)the public interest;(i)any recovery plan for an animal to which the authority is proposed to apply;(j)for a flying-fox roost management permit in an area (the permit area) outside an urban flying-fox management area—whether the flying-foxes in the permit area are likely to move to, and congregate at, a tree or other place within an urban flying-fox management area, having regard to—(i)the proximity of the permit area to the urban flying-fox management area; and(ii)the direction, from the permit area, of trees or other places suitable for the flying-foxes to move to and congregate at;(k)for an animal authority, other than a renewable licence, proposed to take effect immediately after an existing animal authority of the same type ends—(i)whether the existing animal authority was obtained on the basis of false or misleading information; and(ii)whether the holder of the existing animal authority, or a relevant person for the holder, has failed to comply with a condition of the existing animal authority;(l)any other matter stated in a conservation plan as a matter the chief executive must have regard to when considering an application for the type of animal authority being applied for.(2)Without limiting subsection (1), the chief executive may have regard to anything else the chief executive considers appropriate to achieve the object of the Act.(3)In this section—precautionary principle means the principle that, if there are threats of serious or irreversible environmental damage, lack of full scientific certainty must not be used as a reason for postponing measures to prevent threatening processes.242Chief executive may require further information or document
(1)Before deciding an application for an animal authority, the chief executive may ask the applicant for further information or a document the chief executive requires to decide the application.(2)The chief executive may require the information or document to be verified by a statutory declaration.(3)The chief executive may give the applicant a notice asking the applicant to give the information or document by the day stated in the notice.(4)A notice given under subsection (3) must—(a)be given to the applicant within 20 business days after the chief executive receives the application; and(b)state a reasonable period, of at least 20 business days after the notice is given to the applicant, within which the information or document must be given to the chief executive.(5)The applicant is taken to have withdrawn the application if the applicant does not comply with the request within—(a)if the chief executive has given a notice to the applicant under subsection (3)—the period stated in the notice; or(b)otherwise—a reasonable period.(6)The chief executive may extend a period mentioned in subsection (5).An applicant may amend an application for an animal authority if—(a)the chief executive has not finished considering whether to grant the authority; and(b)the chief executive agrees to the amendment of the application.244Chief executive to decide application
(1)The chief executive must, after considering an application for an animal authority, decide to—(a)grant the authority, with or without conditions decided by the chief executive; or(b)refuse the application.(2)The chief executive must decide the application—(a)if, under section 242, the chief executive asks for further information or a document—within 40 business days after receiving the information or document; or(b)otherwise—within 40 business days after receiving the application.245Steps to be taken after application decided
(1)If the chief executive decides to grant an animal authority, the chief executive must, as soon as practicable after making the decision, give the applicant—(a)the authority; and(b)if a condition was imposed on the authority under section 244(1)(a)—an information notice for the decision to impose the condition.(2)Subsection (1)(b) does not apply in relation to a condition the applicant sought in the application.(3)If the chief executive decides to refuse the application, the chief executive must, as soon as practicable after making the decision, give the applicant an information notice for the decision.(4)A document mentioned in subsection (1) or (3) may be given to the applicant using the authority management system or in another way.246Continuing obligations relating to keeping and using animals
(1)This section applies if an animal authority to be granted will authorise—(a)taking, buying or accepting a live protected animal in the State; and(b)lawfully moving the animal to another State.(2)The chief executive may impose an obligation on the holder of the animal authority, or a relevant person for the holder, that continues after the authority ends, about—(a)the purpose for which the animal, or an offspring of the animal, is used after the authority ends; or(b)the way the animal, or an offspring of the animal, is kept after the authority ends.(3)However, the chief executive may impose the obligation only if the chief executive believes imposing the obligation is necessary to achieve the object of the Act.(4)The obligation is taken to be a condition of the animal authority.247 Continuing obligations relating to particular interstate movements
(1)This section applies if—(a)an animal authority to be granted is a movement permit that will authorise the movement of a live protected animal to another State; and(b)the person to whom the animal will be moved is not the holder of an animal authority, or a relevant person for the holder.(2)The chief executive may impose an obligation on the holder of the movement permit, or a relevant person for the holder, about—(a)the purpose for which the animal, or an offspring of the animal, is used in the other State; or(b)the way the animal, or an offspring of the animal, is kept in the other State.(3)However, the chief executive may impose the obligation only if the chief executive believes imposing the obligation is necessary to achieve the object of the Act.(4)The obligation is taken to be a condition of the movement permit.This part states when a person is not a suitable person to hold an animal authority.247B Suitability based on convictions
(1)A person is not a suitable person to hold an animal authority if—(a)the person, or an associate of the person, has, within 3 years before the relevant day, been convicted of—(i)an offence against the Act; or(ii)an animal welfare offence under the Animal Care and Protection Act 2001; or(iii)an offence relating to wildlife, however described—(A)under another Act; or(B)under the law of another jurisdiction; and(b)the chief executive is satisfied the activities of the person that led to the conviction are of the same nature as the activities to be carried out under the authority.Examples of when chief executive may be satisfied—
1A person convicted of an offence against section 62 of the Act for taking an animal that was a natural resource of a protected area applies for an animal authority for taking a protected animal.2A person convicted of an offence against section 88 of the Act for taking a protected animal applies for an animal authority for taking a protected animal.(2)Subsection (1) does not apply if—(a)the person has been given an infringement notice for the offence under the State Penalties Enforcement Act 1999; or(b)the animal authority is a damage mitigation permit and the chief executive is satisfied the person is a suitable person to hold the permit, having regard to—(i)the person’s ability to carry out the activities under the permit in a competent and ethical way; and(ii)the nature of the offence, including, for example, whether the offence is against a provision of an Act or a provision of subordinate legislation; and(iii)any previous conviction, other than a spent conviction, of the person, or an associate of the person, for an offence mentioned in subsection (1)(a); and(iv)in relation to a conviction, or previous conviction, for an offence under the law of another jurisdiction—the classification of any wildlife to which the conviction relates under the law of the other jurisdiction.247C Suitability based on other matters
(1)A person is not a suitable person to hold an animal authority if the chief executive is satisfied the person would be unable to carry out activities under the authority in a competent and ethical way.(2)Without limiting subsection (1), the chief executive may be satisfied the person is unable to carry out activities under the animal authority in a competent and ethical way if—(a)the person, or an associate of the person, has accumulated 10 or more demerit points under section 247D within 3 years before the relevant day; or(b)the person, or an associate of the person, was the holder of an animal authority that was cancelled within 2 years before the relevant day because the person or associate accumulated 10 or more demerit points under section 247D; or(c)the person, or an associate of the person, is or was the holder of a corresponding authority that was suspended or cancelled within 3 years before the relevant day.247D Accumulation of demerit points
(1)This section applies to a person who is given an infringement notice under the State Penalties Enforcement Act 1999 for an offence against the Act if the person—(a)is convicted of the offence; or(b)pays the fine stated in the infringement notice for the offence; or(c)applies under the State Penalties Enforcement Act 1999, section 23 to pay the fine stated in the infringement notice for the offence by instalments; or(d)fails to pay the fine stated in the infringement notice for the offence, resulting in a default certificate being given to SPER for the infringement notice.(2)For sections 237(1)(d) and (e) and 247C(2)(a) and (b), the person accumulates the following number of demerit points for the offence—(a)for an offence for which the maximum penalty is not more than 20 penalty units—1 demerit point;(b)for an offence for which the maximum penalty is more than 20 but not more than 50 penalty units—2 demerit points;(c)for an offence for which the maximum penalty is more than 50 but not more than 80 penalty units—3 demerit points;(d)for an offence for which the maximum penalty is more than 80 but not more than 120 penalty units—4 demerit points;(e)for an offence for which the maximum penalty is more than 120 but not more than 165 penalty units—5 demerit points;(f)for an offence for which the maximum penalty is more than 165 penalty units—7 demerit points.(3)The person accumulates the demerit points for the offence on the day that subsection (1) applies to the person.(4)However, if the day mentioned in subsection (3) is within the period in which a court proceeding for the offence has started but not ended, subsection (3) does not apply to the person until the day the period ends.(5)Subsections (3) and (4) apply subject to the State Penalties Enforcement Act 1999, section 31.(6)In this section—default certificate see the State Penalties Enforcement Act 1999, section 33(1).SPER means the State Penalties Enforcement Registry established under the State Penalties Enforcement Act 1999, section 7.
11Amendment of s 248 (Form)
Section 248(2)—
omit, insert—(2)More than 1 animal authority may be granted, or automatically issued, using 1 document.
12Amendment of s 249 (Matters to be stated in animal authority)
(1)Section 249(1)(g), after ‘each’—
insert—category or
(2)Section 249(1)(l), from ‘charge of—’—
omit, insert—charge for the authority;
13Insertion of new ch 5, pt 5, div 1, hdg
Before section 256—
insert—
14Insertion of new ch 5, pt 5, div 2 and new div 3, hdg
After section 257—
insert—257B Application and purpose of division
(1)This division applies in relation to a renewable licence (a prescribed renewable licence) that is prescribed, for section 143B(1)(b) of the Act, as a type of relevant authority that may be automatically renewed by the operation of the authority management system.See also sections 88A(2), 99A(2) and 112A(2).(2)For section 143B(1)(c) of the Act, this division prescribes the way in which a prescribed renewable licence may be automatically renewed by the operation of the authority management system.(1)The holder of a prescribed renewable licence may apply for the licence to be automatically renewed, by the operation of the authority management system, as a renewable licence of—(a)the same type as the existing licence; or(b)a different type to the existing licence.(2)The application must—(a)be made using the authority management system; and(b)state the applicant particulars; and(c)be made during the period—(i)starting 40 business days before the existing licence ends; and(ii)ending on the day the existing licence ends; and(d)be accompanied by the prescribed fee for the application.(3)The existing licence is taken to continue in effect from the day the licence would otherwise have ended until—(a)if the application is withdrawn—the day the application is withdrawn; or(b)if the licence is automatically renewed—the day the applicant receives the renewed licence; or(c)if the licence cannot be automatically renewed—the day the notice mentioned in section 257F(2) is given to the holder.See also section 260 if section 257F applies in relation to the application to renew the existing licence.(4)This section does not prevent the existing licence from being suspended or cancelled under this regulation.257D Automatic renewal of licences
(1)An existing licence that is a prescribed renewable licence is to be renewed automatically by the operation of the authority management system only if—(a)the applicant for the renewal states the matters in section 257E; and(b)the applicant for the renewal makes all the required declarations; and(c)the licence could be automatically issued to the applicant under chapter 4, if the application were an application for the automatic issue of the licence.(2)The renewed licence is subject to the conditions applying in relation to the licence under chapter 4.(3)Despite section 257C(3)(b), the term of the renewed licence is taken to have started immediately after the day the existing licence would otherwise have ended.257E Matters stated for renewal of licence
For section 257D(1)(a), the matters are—(a)the type of renewable licence the applicant is applying for; and(b)if the applicant is applying for a renewable licence of the same type as the existing licence—that the intended activities of the applicant are the same, or substantially the same, as the existing activities; and(c)the matters the applicant would be required to state if the application were an application for the automatic issue of a renewable licence of the type mentioned in paragraph (a).See section 237.257F Particular applications to be decided by chief executive
(1)This section applies if—(a)a person makes an application for the renewal of an existing licence under section 257C; and(b)the licence cannot be renewed by the operation of the authority management system under section 257D.(2)As soon as practicable after the application is made, the applicant must be given a notice, whether by the operation of the authority management system or in another way, stating—(a)the licence cannot be automatically renewed; and(b)the application must be decided under division 3 by the chief executive.(3)Division 3 applies in relation to the application as if it were made—(a)under section 258 to the chief executive for the renewal of the existing licence; and(b)on the day the notice was given to the person under subsection (2).(4)However, section 258(2) does not apply in relation to the application.
15Amendment of s 260 (Considering and deciding application)
(1)Section 260(1), ‘Sections 237 to 243’—
omit, insert—Part 2, division 3 and part 2A
(2)Section 260(4)—
omit, insert—(4)The chief executive may renew an existing licence as a renewable licence of a particular type only if a renewable licence of that type can be granted to the applicant under chapter 4 and part 2.(4A)Also, if the application was made using the authority management system, the chief executive may renew the existing licence only if the holder makes all the required declarations.(3)Section 260(5), note, ‘section 261’—
omit, insert—section 257A
(4)Section 260(4A) to (6)—
renumber as section 260(5) to (7).
16Relocation and renumbering of s 261 (When intended activities are not substantially the same as existing activities)
Section 261—
relocate to chapter 5, part 5, division 1 and renumber as section 257A.
17Amendment and renumbering of s 262 (Steps to be taken after application decided)
(1)Section 262—
insert—(6)A document mentioned in subsection (1) or (4) may be given to the applicant using the authority management system or in another way.(2)Section 262(4)(b), ‘part 2’—
omit, insert—(3)Section 262—
renumber as section 261.
18Insertion of new ch 5, pt 6, div 1A
Chapter 5, part 6, before division 1—
insert—In this part—licence type amendment means an amendment to change—(a)a standard licence to a specialised licence or an advanced licence; or(b)a specialised licence to an advanced licence.
19Insertion of new ch 5, pt 6, div 2, sdiv 1, hdg
Before section 264—
insert—
20Amendment of s 264 (Application of division)
Section 264(a), from ‘for example,’—
omit, insert—for example, a licence type amendment; and
21Insertion of new ch 5, pt 6, div 2, sdiv 2 and new sdiv 3, hdg
After section 264—
insert—264A Definition for subdivision
In this subdivision—relevant amendment means—(a)a licence type amendment; or(b)a change mentioned in section 80A(1)(e).264B Application and purpose of subdivision
(1)This subdivision applies in relation to an animal authority (a prescribed authority) that is prescribed, for section 143B(1)(b) of the Act, as a type of relevant authority that may be automatically amended by the operation of the authority management system.See also sections 88A(2), 99A(2) and 112A(2).(2)For section 143B(1)(c) of the Act, this subdivision prescribes the way in which a prescribed authority may be automatically amended by the operation of the authority management system.264C Applications for amendment
(1)The holder of a prescribed authority may apply for a relevant amendment to be made to the authority by the operation of the authority management system.(2)The application must—(a)be made using the authority management system; and(b)state the applicant particulars; and(c)be accompanied by the prescribed fee for the application.264D Automatic amendment of authorities
(1)A relevant amendment is to be automatically made to the prescribed authority by the operation of the authority management system only if the holder—(a)makes all the required declarations; and(b)states the matters in section 264E.(2)If the amendment made is a licence type amendment, the amendment does not affect the term of the authority.(3)The effect of the amendment does not depend on the amendment being noted on the animal authority.See, however, section 276.264E Matters stated for amendment of authority
For section 264D(1)(b), the matters are—(a)the relevant amendment the applicant is applying for; and(b)if the applicant is an individual—the applicant is an adult.264F Particular applications to be decided by chief executive
(1)This section applies if—(a)the holder of a prescribed authority makes an application to amend the authority under section 264C; and(b)the authority cannot be amended by the operation of the authority management system under section 264D.The amendment applied for is not a relevant amendment.(2)As soon as practicable after the application is made, the holder must be given a notice, whether by the operation of the authority management system or in another way, stating—(a)the prescribed authority cannot be automatically amended; and(b)the application must be decided by the chief executive under subdivision 3.(3)Subdivision 3 applies in relation to the application as if it were made—(a)under section 265 to the chief executive for the amendment of the prescribed authority; and(b)on the day the notice was given to the person under subsection (2).(4)However, section 265(2) does not apply in relation to the application.
22Amendment of s 265 (Application for amendment)
(1)Section 265, heading, ‘Application’—
omit, insert—Applications
(2)Section 265(2)(a)—
omit, insert—(a)in the approved form; and
23Amendment of s 268 (Considering and deciding application)
(1)Section 268(3)—
omit, insert—(3)If the amendment is a licence type amendment, the chief executive may make the amendment only if the animal authority, as amended, can be granted to the holder under chapter 4 and part 2.(3A)Also, if the application was made using the authority management system, the chief executive may make the amendment only if the holder makes all the required declarations.(2)Section 268(3A) and (4)—
renumber as section 268(4) and (5).
24Amendment of s 269 (Steps to be taken after application decided)
Section 269—
insert—(6)A document mentioned in subsection (1) or (5) may be given to the holder using the authority management system or in another way.
25Amendment of s 270 (Grounds for amendment)
Section 270(1)(a)(i)—
insert—See also section 275A in relation to the immediate cancellation of automatically issued animal authorities.
26Amendment of s 274 (Grounds)
(1)Section 274(b)(i)—
insert—See also section 275A in relation to the immediate cancellation of automatically issued animal authorities.(2)Section 274—
insert—(g)for an automatically issued animal authority, the chief executive believes, having regard to the matters mentioned in section 241(1)(b) to (i), the authority should be suspended or cancelled.
27Insertion of new ch 5, pt 6, div 5A
Chapter 5, part 6—
insert—275A Cancellation of automatically issued, renewed or amended authorities on particular grounds
(1)This section applies if the chief executive believes an animal authority was automatically issued, automatically renewed or automatically amended because—(a)the holder of the authority provided false or misleading information; or(b)the authority management system malfunctioned.(2)The chief executive may decide to cancel the animal authority.(3)If the chief executive decides to cancel the animal authority, the chief executive must give the holder of the authority an information notice for the decision.(4)The cancellation of the authority takes effect on the later of the following days—(a)the day when the information notice is given to the holder;(b)the day of effect stated in the information notice.
28Amendment of s 279 (Replacement)
(1)Section 279(3)(a)—
omit, insert—(a)be made using the authority management system or otherwise be in writing; and(2)Section 279—
insert—(7)A document mentioned in subsection (5) or (6) may be given to the holder using the authority management system or in another way.
29Amendment of s 280 (Surrender)
(1)Section 280(1)—
omit, insert—(1)The holder of an animal authority may surrender the authority by giving a notice of surrender to the chief executive.(1A)The notice of surrender must—(a)be given using the authority management system; or(b)otherwise be in writing.(2)Section 280(1A) and (2)—
renumber as section 280(2) and (3).
30Amendment of s 337 (Definitions for chapter)
Section 337, definition approved electronic record system—
omit, insert—approved electronic record system means—(a)for a record required to be kept for a standard licence, a specialised licence or an advanced licence—the authority management system; or(b)for another record—a system for keeping the record electronically that is approved by the chief executive.
31Insertion of new ch 10, pt 6
Chapter 10—
insert—376Authorised persons assisting applicants with using authority management system
An application made using the authority management system is not invalid merely because—(a)any information or documents required for the application are entered into the system by an authorised person with the consent of the applicant; or(b)an authorised person completes the application on the system with the consent of the applicant.
32Insertion of new ch 12, pt 8
Chapter 12—
insert—431Undecided applications relating to particular animal authorities
(1)This section applies if—(a)before the commencement, a person made—(i)an application for an animal authority; or(ii)an application to renew or amend an animal authority; and(b)immediately before the commencement, the application had not been decided or withdrawn.See also section 220 of the Act in relation to particular applications dealt with by the operation of an automated system before the commencement.(2)This regulation, as in force from the commencement, applies in relation to deciding the application.
33Amendment of sch 7 (Dictionary)
(1)Schedule 7, definitions associate, aviculture code, licence type amendment, relevant day and reptile and amphibian code—
omit.(2)Schedule 7—
insert—applicant particulars, in relation to an applicant applying for the grant, renewal or amendment of an animal authority, means the following particulars—(a)the name of the applicant;(b)the address of the applicant;(c)the address of the proposed premises;(d)if the applicant is a corporation—(i)the applicant’s ABN or ACN; and(ii)the name of the person proposed to be the person in charge for the authority.associate, of a person who holds, or has applied for, an animal authority, means—(a)if the person is a corporation—each executive officer of the corporation; or(b)if the person is an individual—another person who—(i)is, or is intended to be, regularly or usually in charge of the individual’s activity or business, or proposed activity or business, that relates, or is intended to relate, to the authority; or(ii)regularly directs staff for the activity or business in their duties; or(iii)is, or is intended to be, in a position to control or substantially influence the activity or business, or proposed activity or business.authority management system means—(a)in relation to the issuing of an animal authority prescribed for section 143B(1)(a) of the Act—the electronic system approved under section 143BA(1) of the Act by the chief executive for that purpose; or(b)in relation to the renewal or amendment of an animal authority prescribed for section 143B(1)(b) of the Act—the electronic system approved under section 143BA(1) of the Act by the chief executive for that purpose; or(c)otherwise in relation to an animal authority—the electronic system maintained by the department, and made accessible on the department’s website, for generating, sending, receiving, storing or processing electronic communications relating to the authority.corresponding authority means an authority, however described, that—(a)was issued, given or granted to a person under the law of another jurisdiction; and(b)authorises or authorised the taking, keeping or use of an animal that is or was protected under the law of the other jurisdiction.licence type amendment, for chapter 5, part 6, see section 262.person in charge, for an animal authority held by a corporation, means the individual in charge of—(a)the activity to be carried out under the authority; or(b)the licensed premises for the authority.prescribed authority—(a)for chapter 5, part 1, see section 234(1); and(b)for chapter 5, part 6, division 2, subdivision 2, see section 264B(1).prescribed renewable licence, for chapter 5, part 5, division 2, see section 257B(1).relevant amendment, for chapter 5, part 6, division 2, subdivision 2, see section 264A.relevant day—(a)in relation to an application for an animal authority—means the day the application was made under chapter 5, part 1 or 2; or(b)for determining whether or not the holder of an animal authority is not, or is no longer, a suitable person to hold the authority—means the day the determination is made.required declaration, for an application relating to an animal authority made using the authority management system, means a declaration that—(a)relates to obligations or conditions that apply to the authority under this regulation; and(b)the applicant is required to make in the authority management system to complete the application.
Schedule 1 also amends the Nature Conservation (Animals) Regulation 2020.
Part 3 Amendment of Nature Conservation (Plants) Regulation 2020
This part amends the Nature Conservation (Plants) Regulation 2020.
36Amendment of s 5 (Meaning of relevant person)
Section 5(c)(i), from ‘stated’—
omit, insert—in charge for the authority; or
37Replacement of s 64 (Notification of particular changes)
Section 64—
omit, insert—64Notification of particular changes in authority management system
(1)This section applies if the holder of a plant authority changes, or proposes to change, the postal, residential or business address of the holder.(2)However, this section does not apply if the holder is a child.(3)Before or immediately after the change happens, the holder must notify the chief executive of the change by updating the holder’s information in the authority management system to reflect the change.64ANotification of particular changes by application for amendment
(1)This section applies if the holder of a plant authority changes, or proposes to change—(a)the postal, residential or business address of the holder; or(b)the licensed premises for the authority; or(c)the name of the holder; or(d)if the holder is a corporation—the person in charge for the authority.(2)However, this section does not apply if, under section 64, the holder has updated the holder’s information in the authority management system to reflect the change.(3)Before, or immediately after the change happens, the holder must notify the chief executive of the change by applying for an amendment of the authority to reflect the change.For amending a plant authority by application, see section 117.
38Amendment of s 96 (Restrictions on grant)
(1)Section 96(1)—
insert—(ca)for an application made using the authority management system—the applicant does not make a required declaration; or(2)Section 96(1)(ca) to (f)—
renumber as section 96(1)(d) to (g).
39Amendment of s 101 (Suitability based on convictions)
Section 101(1)(a)(iv)—
omit, insert—(iv)an offence relating to wildlife, however described—(A)under another Act; or(B)under the law of another jurisdiction; and
40Amendment of s 102 (Suitability based on other matters)
(1)Section 102(2)(c), from, ‘an authority’—
omit, insert—a corresponding authority that was suspended or cancelled within 3 years before the relevant day.
(2)Section 102—
insert—(3)In this section—corresponding authority means an authority, however described, that—(a)was issued, given or granted to a person under the law of another jurisdiction; and(b)authorises or authorised the taking, keeping or use of a plant that is or was protected under the law of the other jurisdiction.
41Amendment of s 109 (Steps to be taken after application decided)
Section 109—
insert—(4)A document mentioned in subsection (1) or (3) may be given to the applicant using the authority management system or in another way.
42Amendment of s 111 (Matters to be stated in plant authority)
Section 111(1)(j), from ‘individual’—
omit, insert—person in charge for the authority;
43Amendment of s 117 (Application for amendment)
(1)Section 117, heading, ‘Application’—
omit, insert—Applications
(2)Section 117(2)(a)—
omit, insert—(a)in the approved form; and
44Amendment of s 118 (Considering and deciding application)
Section 118—
insert—(3)If the application was made using the authority management system, the chief executive may make the amendment only if the holder makes all the required declarations.
45Amendment of s 119 (Steps to be taken after application decided)
Section 119—
insert—(5)A document mentioned in subsection (1) or (4) may be given to the applicant using the authority management system or in another way.
46Amendment of s 128 (Replacement)
(1)Section 128(3)(a)—
omit, insert—(a)made using the authority management system or otherwise made in writing; and(2)Section 128—
insert—(7)A document mentioned in subsection (5) or (6) may be given to the applicant using the authority management system or in another way.
47Amendment of s 129 (Surrender)
(1)Section 129(1)—
omit, insert—(1)The holder of a plant authority may surrender the authority by giving a notice of surrender to the chief executive.(1A)The notice of surrender must—(a)be given using the authority management system; or(b)otherwise be in writing.(2)Section 129(1A) and (2)—
renumber as section 129(2) and (3).
48Insertion of new s 187
After section 186—
insert—187Authorised persons assisting applicants with using authority management system
An application made using the authority management system is not invalid merely because—(a)any information or documents required for the application are entered into the system by an authorised person with the consent of the applicant; or(b)an authorised person completes the application on the system with the consent of the applicant.
49Amendment of sch 5 (Dictionary)
Schedule 5—
insert—authority management system, in relation to a plant authority, means the electronic system maintained by the department, and made accessible on the department’s website, for generating, sending, receiving, storing or processing electronic communications relating to the authority.person in charge, for a plant authority held by a corporation, means the individual in charge of—(a)the activity to be carried out under the authority; or(b)the licensed premises for the authority.required declaration, for an application relating to a plant authority made using the authority management system, means a declaration that—(a)relates to obligations or conditions that apply to the authority under this regulation; and(b)the applicant is required to make in the authority management system to complete the application.
Part 4 Amendment of Nature Conservation (Protected Areas Management) Regulation 2024
This part amends the Nature Conservation (Protected Areas Management) Regulation 2024.
51Amendment of ch 5, pt 2, div 1, hdg (Special process for camping areas)
Chapter 5, part 2, division 1, heading, ‘Special process’—
omit, insert—Automatically granting camping permits
Before section 112—
insert—111A Camping permit for camping area prescribed for automatic granting—Act, s 143B
(1)For section 143B(1)(a) of the Act, a camping permit for a camping area is prescribed as a type of relevant authority that may be automatically granted to a person by the operation of the departmental system.(2)For section 143B(1)(c) of the Act, section 112 prescribes the way in which a camping permit for a camping area may be automatically granted by the operation of the departmental system.(3)Divisions 2 to 4 do not apply in relation to a camping permit for a camping area.
53Replacement of s 112 (Application for camping permit for camping area)
Section 112—
omit, insert—112Application for camping permit for camping area
(1)A person may apply for a camping permit for a camping area to be granted by the operation of the departmental system.(2)The application must—(a)be made using the departmental system; and(b)state the required information.(3)The camping permit is to be granted by the operation of the departmental system only if the camping fee for the permit is paid as required on the system.(4)The camping permit is granted on the day the person is issued a notice stating—(a)the number identifying the permit; and(b)the details of the permit.(5)In this section—required information, for an application for a camping permit for a camping area, means the following information—(a)the name of the applicant;(b)the camping area for which the permit is sought;(c)the period for which the permit is sought;(d)the number of people intending to camp under the permit;(e)if the applicant is using a vehicle for camping—the number plate attached to the vehicle under a vehicle registration Act.
54Amendment of s 114 (Requirements for application)
Section 114(1), note—
omit, insert—See division 1 for the way to apply for a camping permit for a camping area to be automatically granted.
55Insertion of new ch 5, pt 5, div 2, sdiv 1
Chapter 5, part 5, division 2—
insert—128A Camping permit for camping area prescribed for automatic amendment—Act, s 143B
(1)For section 143B(1)(b) of the Act, a camping permit for a camping area is prescribed as a type of relevant authority that may be automatically amended by the operation of the departmental system.(2)For section 143B(1)(c) of the Act, section 128B prescribes the way in which a camping permit for a camping area may be automatically amended by the operation of the departmental system.128B Application for amendment of camping permits for camping areas
(1)The holder of a camping permit for a camping area may apply for the permit to be amended by the operation of the departmental system.(2)The application must—(a)be made using the departmental system; and(b)state the changes, requested by the holder, to the required information given for the camping permit.(3)The camping permit is to be amended only if the additional camping fee for the permit, if any, is paid as required on the system.(4)The camping permit is amended, as requested in the application, on the day the holder is issued a notice stating the amended details of the permit.(5)In this section—required information, given for a camping permit for a camping area, means the information stated under section 112 in the application for the permit.
56Insertion of new ch 5, pt 5, div 2, sdiv 2, hdg
Before section 129—
insert—
57Amendment of s 129 (Application for amendment)
Section 129(2)(b) and (c)—omit, insert—
(b)be in the approved form.
58Amendment of s 130 (Considering and deciding application)
Section 130(3)—
omit.
59Amendment of s 160 (Requirement to notify chief executive of particular changes and ask for amendment)
Section 160(2)(b), ‘apply’—
omit, insert—for a change mentioned in subsection (1)(a) or (c)—apply
60Insertion of new ch 5, pt 10
Chapter 5—
insert—161A Authorised persons assisting applicants with using departmental system
An application made using the departmental system is not invalid merely because—(a)any information or documents required for the application are entered into the system by an authorised person with the consent of the applicant; or(b)an authorised person completes the application on the system with the consent of the applicant.
61Amendment of sch 10 (Dictionary)
Schedule 10, definition departmental system—
omit, insert—departmental system, in relation to an action, means—(a)if the action is automatically granting a camping permit for a camping area, prescribed for section 143B(1)(a) of the Act—the electronic system approved under section 143BA(1) of the Act by the chief executive for that purpose; or(b)if the action is automatically amending a camping permit for a camping area, prescribed for section 143B(1)(b) of the Act—the electronic system approved under section 143BA(1) of the Act by the chief executive for that purpose; or(c)otherwise—the electronic system approved by the chief executive, and made accessible on the department’s website, for the action.
Schedule 1 Other amendments of Nature Conservation (Animals) Regulation 2020
1Amendment of various provisions to replace ‘granted’ with ‘granted, or automatically issued,’
Each of the following provisions is amended by omitting ‘granted’ and inserting ‘granted, or automatically issued,’—•section 9(1)•section 68(a)•section 249(1)(l)•section 252(1)
2Amendment of various provisions to replace ‘granted’ with ‘granted or automatically issued’
Each of the following provisions is amended by omitting ‘granted’ and inserting ‘granted or automatically issued’—•section 249(1)(a) and (b)•section 348(5), definition prescribed period, paragraphs (a) and (b)
3Amendment of various provisions to replace ‘grant’ with ‘grant, or automatic issue,’
Each of the following provisions is amended by omitting ‘grant’ and inserting ‘grant, or automatic issue,’—•section 9(3)•section 68(b)
4Section 249(2), ‘authority granted’—
omit, insert—animal authority
5Chapter 3, part 4, heading, notes 1 and 2, ‘chapter 5’—
omit, insert—chapter 5, part 2
6Section 258, heading, ‘Application’—
omit, insert—Applications
7Section 259(1)(c)(i) and (ii), ‘section 262(4)’—
omit, insert—section 261(4)
8Sections 264, 266(1), 267, 268(1), 269(1), ‘division’—
omit, insert—subdivision
9Sections 270(1)(a)(iii), note and 274(b)(iii), note, ‘part 2, division 2’—
omit, insert—part 2A
10Schedule 6, part 1, division 1, items 1 to 3 and division 4, item 1, ‘grant or renewal’—
omit, insert—grant, automatic issue, renewal or automatic renewal
11Schedule 6, part 1, division 1, items 1 to 3, ‘235(2)(c)’—
omit, insert—235(2)(c), 239(2)(c), 257C(2)(d)
12Schedule 6, part 1, division 1, items 4 to 7, division 2, items 1 and 2 and division 3, items 1 and 2, ‘235(2)(c)’
omit, insert—239(2)(c)
13Schedule 6, part 1, division 4, items 1 and 2, ‘s 265(2)(b)’
omit, insert—ss 264C(2)(c) and 265(2)(b)