Deer Farming Regulation 1992

Queensland Deer Farming Act 1985 DEER FARMING REGULATION 1992 Reprinted as in force on 1 August 1992 (Regulation not amended up to this date) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This regulation is reprinted as at 1 August 1992. The opportunity has been taken under section 7 of the Reprints Act 1992 , to do the following— • use punctuation and expressions consistent with current legislative drafting practice as permitted by section 29 of that Act; • use aspects of format and printing style consistent with current legislative drafting practice as permitted by section 35 of that Act; • omit certain provisions that are no longer required as permitted by section 40 of that Act. Also see Endnotes for— • details about when provisions commenced; and • any provisions that have not commenced and are not incorporated in the reprint.

Queensland DEER FARMING REGULATION 1992 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Prescribed earmark . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Application for displaced farm deer permit . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Conditions of displaced farm deer permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Confinement of displaced farm deer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Prescribed fencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Prescribed fencing exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SCHEDULE 1 FORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SCHEDULE 2 ENDNOTES 1 Index to Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 13 3 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

3 Deer Farming Regulation 1992 DEER FARMING REGULATION 1992 [reprinted as in force on 1 August 1992 2 ] ˙ Short title 1. This regulation may be cited as the Deer Farming Regulation 1992 3–4 . ˙ Forms 2.(1) For the purposes of the Act and this regulation, a prescribed form is a form approved by the chief inspector for the purposes specified in the form. (2) In this regulation a reference to a form by number is a reference to the form that bears that number in Schedule 1. ˙ Fees 3. The fees set out in Schedule 2 are the prescribed fees to be paid for the purposes set out in the Schedule. ˙ Prescribed earmark 4. For the purposes of section 13 of the Act, an earmark must be made— (a) by a circular mark or cut not less than 8 mm nor more than 12 mm in diameter; and (b) wholly within— (i) the left ear of a female deer; or (ii) the right ear of a male deer. ˙ Application for displaced farm deer permit 5. For the purposes of section 18(2) of the Act, the following information is the prescribed information to be supplied to an inspector by a person who

4 Deer Farming Regulation 1992 applies for a displaced farm deer permit— (a) the applicant’s name and address; (b) a description of the farm deer that are to be outside a licensed deer farm; (c) the licensed deer farm of origin; (d) the reason the permit is required; (e) the period for which the permit is required; (f) if the reason the permit is required is to allow farm deer to travel from one place to another— (i) the destination of the farm deer; (ii) the person in charge of the farm deer at the destination; (iii) the manner of travel of the farm deer to the destination; (iv) the name of the person in charge of the travel. ˙ Conditions of displaced farm deer permit 6.(1) For the purposes of section 18(3)(b) of the Act, the following are the prescribed terms and conditions of a displaced farm deer permit— (a) the holder of the permit must confine the farm deer in an escape- proof vehicle or enclosure during the currency of the permit; (b) the holder of the permit must ensure that the farm deer are identified to the satisfaction of the chief inspector; (c) the holder of the permit must secure the place in which the farm deer are kept by— (i) erecting and maintaining the prescribed fencing; or (ii) erecting and maintaining such other fencing or taking such security measures as are required by the chief inspector; (d) the holder of the permit must— (i) castrate the male farm deer; or (ii) de-bud, or remove the antlers of, the farm deer; in accordance with the chief inspector’s directions.

5 Deer Farming Regulation 1992 (2) Subsection (1)(d) applies only if the chief inspector is of the opinion that it is necessary to ensure the safety of any person who may come in contact with the displaced farm deer. ˙ Confinement of displaced farm deer 7. A person, into whose charge the holder of a displaced farm deer permit releases farm deer, must confine the farm deer in an escape-proof vehicle or enclosure while the farm deer remain in the person’s charge. Maximum penalty—40 penalty units. ˙ Prescribed fencing 8.(1) For the purposes of section 19(1) of the Act, the boundaries of a licensed deer farm must, subject to subsection (3), be enclosed to prevent the farm deer moving out of the licensed deer farm by fencing that is erected and maintained— (a) to a minimum height of 2.13 m, unless the chief inspector is of the opinion that the jumping ability of the species of farm deer or the conditions of confinement on the licensed deer farm are such as to require part of the fencing to be of greater height, in which case the minimum height of that part of the fencing is to be 2.45 m; and (b) using line posts— (i) made of hardwood, pressure-treated pine, metal, or any other material approved by the chief inspector as being of adequate strength and durability; and (ii) placed in the ground at a minimum depth of 760 mm; and (iii) spaced apart at a maximum distance of 9 m; and (c) using strainer posts— (i) made of hardwood or pressure-treated pine having a minimum diameter of 200 mm, metal, or any other material approved by the chief inspector as being of adequate size, strength, and durability; and (ii) placed in the ground at a minimum depth of 900 mm; and

6 Deer Farming Regulation 1992 (d) using chain, welded mesh, wire, or any other material approved by the chief inspector as being of adequate strength and durability, that is fixed to the line posts and properly strained. (2) Subject to subsection (3), the fencing must incorporate gates, sufficient for the efficient operation of the licensed deer farm, that are maintained— (a) to the same height and of the same material (or material similar in size, strength, and durability) as mentioned in subsection (1); and (b) in the case of gates used for the ingress or egress of deer—not less than 2.45 m wide. (3) Fencing erected before 18 April 1989 must be maintained to the height and in the manner approved by the chief inspector, at the time of the issue of the deer farming licence, as being adequate to prevent the farm deer moving out of the licensed deer farm. Maximum penalty—40 penalty units. (4) The owner of a licensed deer farm must keep fencing clear of trees, to prevent damage to the fencing by falling trees or branches. Maximum penalty—40 penalty units. (5) In this section— “licensed deer farm” includes that part of a licensed deer farm on which farm deer are farmed. ˙ Prescribed fencing exemption 9.(1) On the application of an owner of a licensed deer farm, the chief inspector may exempt the owner from compliance with section 8 if the chief inspector considers that adequate security exists to prevent the farm deer moving out of the deer farm. (2) The exemption may be granted subject to such reasonable conditions as the chief inspector determines. (3) The chief inspector may revoke the exemption if— (a) the owner contravenes a condition; or (b) the chief inspector considers that adequate security no longer

7 Deer Farming Regulation 1992 exists on the licensed deer farm to prevent the farm deer moving out of the deer farm. ˙ Warrant 10. For the purposes of section 28 of the Act— (a) a complaint to ground the issue of a warrant must be in Form 1; and (b) a warrant must be in Form 2.

8 Deer Farming Regulation 1992 † SCHEDULE 1 ¡ FORMS Form 1 Deer Farming Act 1985 (s.28(2)) Deer Farming Regulation 1992 (s.10) Complaint to ground issue of warrant I, 1 ............................ of 2 ..................................................., Queensland, an * inspector/ * honorary inspector appointed or holding office under the Deer Farming Act 1985 , being duly sworn make oath and say as follows— 1. I have reasonable cause to suspect that at the dwelling house situated at 3 ...................................................................., and occupied by 4 .............................................— * (a) an offence against the Act * has been/ * is being/ * is likely to be committed, namely 5 ....................................................; * (b) there is a thing, namely 6 .............................................., in relation to which an offence against the Act * has been/ * is being/ * is likely to be committed; * (c) there is a thing, namely 6 ............................................., in relation to which I have a power of seizure. 2. The following facts are submitted as grounds on which this complaint is based 7 — ........................................................................................................................ ........................................................................................................................ ........................................................................................................................ ........................................................................................................................ ........................................................................................................................ ........................................................................................................................

9 Deer Farming Regulation 1992 3. I request that a warrant be issued authorising me and other persons acting in aid of me to enter the dwelling house for the purpose of exercising the powers conferred by the Act. Sworn before me at ..............., the ........ day of .................. 199 ... __________________________ Complainant __________________________ Justice of the Peace 1 Insert full name of complainant. 2 Insert complainant’s address. 3 Insert address of dwelling house. 4 Insert name of occupier, if known, but if not known insert “unknown”. 5 Insert full description and particulars of offence. 6 Insert full description of thing. 7 Insert facts on which complaint is based. * Cross out whichever does not apply

10 Deer Farming Regulation 1992 Form 2 Deer Farming Act 1985 (s. 28(2)) Deer Farming Regulation 1992 (s. 10) Warrant To 1 ............................ of 2 ................................................... Queensland, an * inspector/ * honorary inspector appointed or holding office under the Deer Farming Act 1985 , who has this day made complaint on oath before me 3 ............................................................., one of Her Majesty’s Justices of the Peace for Queensland, and has satisfied me that there is reasonable cause to suspect that in the dwelling house situated at 4 .................................................................... and occupied by 5 ............................................— * (a) an offence against the Act * has been/ * is being/ * is likely to be committed, namely 6 ..................................................; * (b) there is a thing, namely 7 ............................................., in relation to which an offence against the Act * has been/ * is being/ * is likely to be committed; * (c) there is a thing, namely 7 ............................................., in relation to which you have a power of seizure. This authorises you and all persons acting in aid of you, to enter the dwelling house in Her Majesty’s name for the purpose of 8 ...................................................................................................................... ........................................................................................................................ ........................................................................................................................ ........................................................................................................................ ........................................................................................................................ ........................................................................................................................ ........................................................................................................................ ........................................................................................................................ ........................................................................................................................ ........................................................................................................................ ........................................................................................................................ Given under my hand at .............., this ...... day of ............... 199 ...

11 Deer Farming Regulation 1992 ___________________________ Justice of the Peace 1 Insert full name of inspector/honorary inspector. 2 Insert address of inspector/honorary inspector. 3 Insert full name of Justice of the Peace. 4 Insert address of dwelling house. 5 Insert name of occupier, if known, but if not known insert “unknown”. 6 Insert full description and particulars of offence. 7 Insert full description of thing. 8 Insert details of power’s conferred by the Act that are authorised to be exercised. * Cross out whichever does not apply

12 Deer Farming Regulation 1992 † SCHEDULE 2 FEES 1 Application for issue of a displaced farm deer permit . . . 2 Application for a deer farming licence or renewal of a deer farm licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21.00 21.00

13 Deer Farming Regulation 1992 † ENDNOTES ´ 1 Index to Endnotes 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ´ 2 Date to which amendments incorporated This is the day mentioned in section 5(c) of the Reprints Act 1992 . However, no amendments have commenced operation before that day. Future amendments of the Deer Farming Regulation 1992 may be made in accordance with this reprint because of section 49 of the Reprints Act 1992 . ´ 3 List of legislation Deer Farming Regulation 1992 SL No 46 pubd Gaz 13 March 1992 pp 1496–505 commenced on date of publication

14 Deer Farming Regulation 1992 ´ 4 List of annotations Key to abbreviations in list of annotations RA amd ins om renum sub Chap Pt hdg Div hdg Sdiv hdg hdg prec prov hdg cl orig pres = = = = = = = = = = = = = = = Reprints Act 1992 amended inserted omitted renumbered substituted Chapter Part heading Division heading Subdivision heading heading preceding provision heading clause original present Provisions not included in reprint, or amended by amendments not included in reprint, are underlined Repeal s 11 om (see s 40 RA)