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Nature Conservation Regulation 1994

Queensland Nature Conservation Act 1992 Nature Conservation Regulation 1994 Reprinted as in force on 11 August 2006 Reprint No. 5H This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2006 SL No. 203 s 166

Information about this reprint This regulation is reprinted as at 11 August 2006. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Nature Conservation Regulation 1994 Contents Chapter 1 Part 1 1 2 3 3A 3B Part 2 3C 4 4A 5 5A 6 7 7A 8 9 10 11 12 13 14 15 16 Part 3 17 Page Preliminary General Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Scientific names of protected wildlife . . . . . . . . . . . . . . . . . . . . . . 27 Licences Definition for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Particular applications must include request for record book . . . . 30 How chief executive may deal with applications for licence . . . . . 30 Continuing conditions of particular licences . . . . . . . . . . . . . . . . . 33 Compliance with conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Licences generally not transferable . . . . . . . . . . . . . . . . . . . . . . . 34 Transfer of apiary permit for park designated for apiaries . . . . . . 34 Grounds for suspension, cancellation or refusal to renew . . . . . . 34 Procedure for suspension, cancellation or refusal to renew. . . . . 35 Procedure for urgent suspension or cancellation of licence . . . . . 37 Return of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Replacement licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Amendment of licences on application. . . . . . . . . . . . . . . . . . . . . 39 Amendment of licences without application . . . . . . . . . . . . . . . . . 39 Notice to return licence for alteration . . . . . . . . . . . . . . . . . . . . . . 40 Surrender of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Appeals Decisions open to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

18 19 20 21 22 Chapter 2 Part 1 23 24 25 26 27 27A 27B Part 2 Division 1 28 29 30 31 32 33 34 35 36 Division 2 37 37A 38 39 39A Part 3 Division 1 40 41 2 Nature Conservation Regulation 1994 How to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeal to District Court on questions of law only . . . . . . . . . . . . . Protected areas Preliminary Purpose of chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of chapter—general . . . . . . . . . . . . . . . . . . . . . . . . . . Application of chapter—special . . . . . . . . . . . . . . . . . . . . . . . . . . Trustees have some of chief executive’s powers . . . . . . . . . . . . . Areas where fish, invertebrate animals or mud crabs may be taken ......................................... Permitted uses in national parks or national parks (recovery)—Act, s 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Permitted uses in national parks—Act, s 37. . . . . . . . . . . . . . . . . Authorities and permits Authorities Chief executive may grant authorities. . . . . . . . . . . . . . . . . . . . . . Authority may be for taking etc. of cultural or natural resource . . Authority must state protected area etc.. . . . . . . . . . . . . . . . . . . . Who may obtain authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorised individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When chief executive must not grant authorities . . . . . . . . . . . . . Other restrictions on grant of authorities . . . . . . . . . . . . . . . . . . . Duration of authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Way cultural or natural resource may be taken . . . . . . . . . . . . . . Permits Chief executive may grant permits . . . . . . . . . . . . . . . . . . . . . . . . Restriction on grant of permits . . . . . . . . . . . . . . . . . . . . . . . . . . . Permit must state protected area . . . . . . . . . . . . . . . . . . . . . . . . . Duration of permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Permit may be taken to have been granted . . . . . . . . . . . . . . . . . Camping in protected areas General requirements for camping in protected areas Permit needed to camp in a protected area . . . . . . . . . . . . . . . . . Restrictions on camping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 42 43 43 44 44 44 45 45 46 47 47 48 48 48 48 48 49 49 50 50 51 51 52 52 53 53 54

42 Division 2 42A 42B 42C 42D 42E 42F 42G Division 3 43 44 Division 4 45 46 Part 4 47 48 49 Part 5 50 51 Part 6 Division 1 52 53 54 Division 2 55 56 Division 3 57 58 Division 4 59 3 Nature Conservation Regulation 1994 Camping conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-permit camping areas Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-permit camping areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for e-permit camping notice . . . . . . . . . . . . . . . . . Chief executive to make camping tag available . . . . . . . . . . . . . . When internet permit taken to have been granted . . . . . . . . . . . . When telephone permit taken to have been granted . . . . . . . . . . Nature and conditions of permit . . . . . . . . . . . . . . . . . . . . . . . . . . Self-registration camping areas Self-registration camping areas . . . . . . . . . . . . . . . . . . . . . . . . . . When permit is taken to have been granted . . . . . . . . . . . . . . . . . Particular offences relating to camping in protected areas Display of camping permits or camping tags . . . . . . . . . . . . . . . . Interfering with camping permits or tags . . . . . . . . . . . . . . . . . . . Restricted access areas Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Permit needed to enter restricted access area. . . . . . . . . . . . . . . Restriction on entry under permit . . . . . . . . . . . . . . . . . . . . . . . . . Permits to take, use, keep or interfere with cultural or natural resources Restrictions on grant of apiary permit . . . . . . . . . . . . . . . . . . . . . Restrictions on grant of permits for educational or scientific purposes ....................................... Stock in protected areas Grazing Permit needed to graze stock in protected area . . . . . . . . . . . . . . When permit may not be granted . . . . . . . . . . . . . . . . . . . . . . . . . Application of division to new national parks . . . . . . . . . . . . . . . . Stock mustering permits Permit needed to muster stock. . . . . . . . . . . . . . . . . . . . . . . . . . . Use of animals and vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Travelling stock permits Permit needed to travel stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . When permit may not be granted . . . . . . . . . . . . . . . . . . . . . . . . . Impounding of stock Stray stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 54 55 55 56 56 57 57 58 59 60 61 61 62 62 62 63 65 65 65 66 66 66 67 67

60 Division 5 61 Part 7 62 63 63A 64 65 66 67 Part 8 Division 1 68 Division 2 69 69A 69B 69C 70 Division 3 71 72 Division 4 73 74 75 76 Division 5 77 78 79 80 81 82 83 84 4 Nature Conservation Regulation 1994 Stray stock may be seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General General muster. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other permits Permit needed to be in national park (scientific) . . . . . . . . . . . . . Permit needed to conduct commercial activities . . . . . . . . . . . . . Return of operations for particular holders . . . . . . . . . . . . . . . . . . Permit needed to solicit donations or information. . . . . . . . . . . . . Permit needed to conduct a group activity . . . . . . . . . . . . . . . . . . Permit to use recreational craft. . . . . . . . . . . . . . . . . . . . . . . . . . . Special activities permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct on protected areas Access to protected areas Access to protected areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fires in protected areas Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General prohibitions about lighting fires . . . . . . . . . . . . . . . . . . . . Other prohibited actions relating to fires. . . . . . . . . . . . . . . . . . . . Prohibition about leaving fires . . . . . . . . . . . . . . . . . . . . . . . . . . . Conservation officers powers in relation to fires. . . . . . . . . . . . . . Unauthorised structures and works Unauthorised structures and works . . . . . . . . . . . . . . . . . . . . . . . Removal of unauthorised structures and works . . . . . . . . . . . . . . Vehicles, boats and recreational craft in protected areas Traffic control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of vehicles, boats and recreational craft . . . . . . . . . . . . . . . . Directions may be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seizure and removal of vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . Other conduct Appliances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Plants not to be brought into protected area . . . . . . . . . . . . . . . . Certain other prohibited conduct . . . . . . . . . . . . . . . . . . . . . . . . . Pollution and misuse of water. . . . . . . . . . . . . . . . . . . . . . . . . . . . Offensive and harmful substances . . . . . . . . . . . . . . . . . . . . . . . . Flying over and landing in protected areas. . . . . . . . . . . . . . . . . . Litter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Boat and vehicle bodies and parts . . . . . . . . . . . . . . . . . . . . . . . . 67 67 68 68 69 69 70 70 70 70 71 71 72 72 73 73 74 75 75 77 77 78 79 79 80 80 81 81 82

5 Nature Conservation Regulation 1994 85 86 86A 86B 87 87A 87B 88 89 89A Part 9 Division 1 90 91 91AA Division 2 91A 91B 91C 91D Chapter 3 Part 1 Division 1 92 93 94 95 Division 2 Subdivision 1 96 97 98 99 Other waste materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Animals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bringing into and keeping of dogs in protected area . . . . . . . . . . Complying with direction to remove animal . . . . . . . . . . . . . . . . . Feeding native animals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Keeping food safe from native animals. . . . . . . . . . . . . . . . . . . . . Disturbing native animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Noise control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Direction to leave area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public health and safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General General provisions Seizure of particular vehicles or appliances for the protection of cultural or natural resources . . . . . . . . . . . . . . . . . . . . . . . . . . . Eradicating or controlling wildlife other than native wildlife. . . . . . Permitted dog-walking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions about regulatory notices Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive may erect or display regulatory notices. . . . . . . . Requirements in relation to regulatory notice. . . . . . . . . . . . . . . . Erection of regulatory or information notice is evidence of particular matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conservation of wildlife and habitat Preliminary Preliminary Application of ch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for ch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of commercial purpose . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of unauthorised interaction . . . . . . . . . . . . . . . . . . . . . . Requirements that apply to all persons taking, keeping or using wildlife under the Act Requirements about taking, keeping or using, other than moving, wildlife Use of animals to take protected animals . . . . . . . . . . . . . . . . . . Housing and care of live protected animals . . . . . . . . . . . . . . . . . Using live protected animals that are not self-sufficient . . . . . . . . Procedure if wildlife stolen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 82 83 84 85 85 86 86 87 88 89 89 90 90 91 91 91 92 92 94 95 96 96 97 98

6 Nature Conservation Regulation 1994 Subdivision 2 100 101 Subdivision 3 102 103 104 105 106 Subdivision 4 107 Division 3 Subdivision 1 108 109 109A 110 111 112 113 114 115 Subdivision 2 115A 116 117 118 Requirements about moving animals in containers Requirement about containers used to move live protected animals generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement about labels for containers used to send protected animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions about movement advices Requirements for movement advice . . . . . . . . . . . . . . . . . . . . . . . Only 1 movement under movement advice . . . . . . . . . . . . . . . . . Dealing with movement advice. . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement to keep and produce movement advice . . . . . . . . . Interfering with movement advice. . . . . . . . . . . . . . . . . . . . . . . . . Identification and information requirement Identification requirement for buying or selling protected, international or prohibited wildlife . . . . . . . . . . . . . . . . . . . . . . . . . Provisions that apply to all licences, permits and other authorities Restrictions on grant for all relevant authorities Who may obtain relevant authority . . . . . . . . . . . . . . . . . . . . . . . . Relevant authority must be consistent with purpose of Act . . . . . Relevant authority must not be granted if conservation plan restricts the grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relevant authority must not allow taking protected animal by using regulated substance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relevant authority must be for only 1 licensed premises or mobile facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Maximum term for licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Maximum term for permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Maximum term for Aboriginal tradition or Island custom authorities ..................................... Maximum term for collection authorities. . . . . . . . . . . . . . . . . . . . Provisions about things authorised by all relevant authorities Conservation plan may limit or extend things authorised by relevant authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Particular relevant authorities for animals limited to only live or dead species . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitation for relevant authorities for taking animal by killing the animal ........................................ Relevant authorities for protected plants limited to species identified on authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 100 100 101 101 101 102 103 104 105 105 105 106 106 106 108 108 108 108 109 110

7 Nature Conservation Regulation 1994 118A 119 120 121 122 123 124 125 126 127 128 Subdivision 3 129 130 131 132 133 134 135 136 137 Subdivision 4 138 139 140 141 Relevant authority only authorises keeping, using and moving of lawfully obtained wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of number on relevant authority . . . . . . . . . . . . . . . . . . . Particular holders may engage in unauthorised interaction for protected animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Holders of particular relevant authorities for animals may move animal to place of keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Holder of relevant authority for animals may move animals to authorised buyers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Holder of relevant authority for animals may move animals from interstate sellers . . . . . . . . . . . . . . . . . . . . . . . . . . . Holder of relevant authority for animals may move animal for private reasons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Holder of relevant authority for animals may move live animal to and from veterinary surgeon . . . . . . . . . . . . . . . . . . . . . . . . . . Holder of particular licences may move animal to or from display ...................................... Holder of relevant authority for whole protected plants may move plants ................................... Holder of relevant authority for protected plant parts may move plant parts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carrying out activities under any licence, permit or other authority Relevant authority and identification must be carried. . . . . . . . . . Particular persons must produce identification. . . . . . . . . . . . . . . Display of relevant authority if animal displayed at particular places ........................................ Compliance with chief executive’s directions about sampling or implanting ..................................... Persons to whom holders may sell or give wildlife . . . . . . . . . . . . Persons from whom holders may buy or accept wildlife . . . . . . . . Dealing with animals after death—sampled or implanted animals ...................................... Dealing with animals after death—other animals . . . . . . . . . . . . . Assistance to conservation officers . . . . . . . . . . . . . . . . . . . . . . . Provisions about form of authorities Relevant authority must identify wildlife . . . . . . . . . . . . . . . . . . . . Places and mobile facility identification must be stated on relevant authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corporation relevant authority must state who is manager . . . . . Aboriginal tradition or Island custom authorities must list authorised individuals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 111 112 113 114 115 116 116 117 118 118 119 120 120 120 121 122 122 123 125 125 126 127 127

8 Nature Conservation Regulation 1994 142 Part 2 Division 1 143 Division 2 Subdivision 1 144 144A 144B 145 146 147 148 148A 149 149A 150 151 152 153 154 155 156 157 158 159 160 Subdivision 2 161 162 163 Term of authority must be stated . . . . . . . . . . . . . . . . . . . . . . . . . Exemptions for taking, keeping, using or moving protected animals Purpose and operation of part Purpose and operation of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemptions for taking, keeping, using and moving animals General exemptions Exemption for chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption for authorised keeper in another State . . . . . . . . . . . . Exemption for authorised keeper in another country . . . . . . . . . . Exemption for veterinary surgeons. . . . . . . . . . . . . . . . . . . . . . . . Exemption for particular government officers or employees. . . . . Exemption for Australian Defence Force . . . . . . . . . . . . . . . . . . . Exemption for marine turtle or dugong in particular circumstances ................................ Exemption for protected shark in particular circumstances . . . . . Exemption for exempt animals—keeping and using. . . . . . . . . . . Exemption for exempt animals—moving . . . . . . . . . . . . . . . . . . . Exemption for controlled animals—keeping or using . . . . . . . . . . Exemption for controlled animals—moving . . . . . . . . . . . . . . . . . Exemption for particular recreational reptiles . . . . . . . . . . . . . . . . Exemption for least concern amphibians . . . . . . . . . . . . . . . . . . . Exemption for particular protected fish for recreational purpose .................................... Exemption for protected scorpions or spiders for recreational purpose ........................................ Exemption for educational or scientific purposes . . . . . . . . . . . . . Exemption for sick or injured animals—marine mammals and turtles ........................................ Exemption for sick, injured or orphaned animals—other animals ..................................... Exemption for interacting with animals in the wild . . . . . . . . . . . . Exemption for wholesalers to move dead protected animals . . . . Particular exemptions for moving animals kept under an exemption Exemption to move protected animal for private reasons. . . . . . . Exemption to move particular animals to and from veterinary surgeon ..................................... Exemption to move particular animals to or from show or display ...................................... 127 128 129 129 130 130 130 132 132 132 133 134 134 136 137 137 138 139 139 140 141 142 142 143 143 144

9 Nature Conservation Regulation 1994 164 Part 3 165 166 167 168 Part 4 Division 1 170 Division 2 Subdivision 1 171 Subdivision 2 172 173 174 Subdivision 3 175 Subdivision 4 176 177 Division 3 Subdivision 1 178 Subdivision 2 179 180 181 182 Subdivision 3 183 184 Exemption to move dead protected animals to particular holders ..................................... Keeping, using or moving international or prohibited animals, other than under relevant authority Purpose of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorised keepers in another State . . . . . . . . . . . . . . . . . . . . . . Authorised keepers in another country. . . . . . . . . . . . . . . . . . . . . Veterinary surgeons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licences for taking, keeping or using animals Preliminary Licences that may be granted . . . . . . . . . . . . . . . . . . . . . . . . . . . Commercial wildlife licence (wildlife interaction) Purpose of division Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on grant of commercial wildlife licence (wildlife interaction) Restriction on animals for which licence may be granted. . . . . . . Restriction of persons to whom licence may be granted . . . . . . . Restriction on activities for which licence may be granted . . . . . . Things authorised by commercial wildlife licence (wildlife interaction) Holder may engage in unauthorised interaction . . . . . . . . . . . . . . Carrying out activities under commercial wildlife licence (wildlife interaction) Compliance with approved interaction plan . . . . . . . . . . . . . . . . . Requirement to keep report about activities under licence . . . . . Commercial wildlife licences Purpose of division Purpose of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on grant of commercial wildlife licences Restriction on animals for which licence may be granted. . . . . . . Restriction if recreational wildlife licence granted for birds or reptiles ........................................ Additional restriction for licence for birds . . . . . . . . . . . . . . . . . . . Additional restriction for licence for reptiles . . . . . . . . . . . . . . . . . Things authorised by commercial wildlife licences Holder may keep and use particular animals . . . . . . . . . . . . . . . . Holder may process particular animals . . . . . . . . . . . . . . . . . . . . 144 145 145 146 146 147 147 148 148 148 149 149 149 150 151 151 151 152 152 153

10 Nature Conservation Regulation 1994 186 187 Subdivision 4 188 189 190 191 Division 3A Subdivision 1 191A Subdivision 2 191B Subdivision 3 191C Subdivision 4 191D 191E Division 4 Subdivision 1 192 Subdivision 2 193 194 195 196 197 Subdivision 3 198 199 200 Subdivision 4 201 202 Holder may move animal to and from residence to provide care ................................. Holder may breed protected birds . . . . . . . . . . . . . . . . . . . . . . . . Carrying out activities under commercial wildlife licence General requirement about way animal must be kept and used . Requirement about identifying dead animals kept under licence . Requirement to keep record book . . . . . . . . . . . . . . . . . . . . . . . . Requirement to give return of operations . . . . . . . . . . . . . . . . . . . Commercial wildlife licence (mobile) Purpose of division Purpose of div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on grant of commercial wildlife licence (mobile) Restriction about animals for which licence may be granted . . . . Things authorised by commercial wildlife licence (mobile) Holder may keep and use particular animals . . . . . . . . . . . . . . . . Carrying out activities under commercial wildlife licence (mobile) Keeping record and return book . . . . . . . . . . . . . . . . . . . . . . . . . . Giving return of operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recreational wildlife licences Purpose of division Purpose of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on grant for recreational wildlife licences Restriction on animals for which licence may be granted. . . . . . . Restriction on grant of licence to children . . . . . . . . . . . . . . . . . . Restriction on grant of licence for restricted birds . . . . . . . . . . . . Restriction on grant of licence for restricted reptiles or amphibians ................................. Restriction if commercial wildlife licence granted for birds or reptiles ....................................... Things authorised by recreational wildlife licences Holder may keep or use particular animals . . . . . . . . . . . . . . . . . Holder may take particular reptiles to feed other reptiles . . . . . . . Holder may breed protected birds . . . . . . . . . . . . . . . . . . . . . . . . Carrying out activities under recreational wildlife licences General requirement about way animal must be kept and used ...................................... Requirement to keep particular animals for minimum period . . . . 153 154 154 154 155 155 156 156 157 157 158 158 159 159 159 160 160 160 161 162 162 162

11 Nature Conservation Regulation 1994 203 Division 5 Subdivision 1 204 Subdivision 2 205 206 208 Subdivision 3 209 Subdivision 4 210 211 212 213 Division 6 Subdivision 1 214 Subdivision 2 215 217 Subdivision 3 218 Subdivision 4 220 221 222 Division 7 Subdivision 1 223 Requirement to keep record book . . . . . . . . . . . . . . . . . . . . . . . . Commercial wildlife harvesting licences Purpose of division Purpose of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on grant of commercial wildlife harvesting licences Restriction on animals for which licence may be granted. . . . . . . Restriction on grant of licence to children if weapons involved . . Restriction on grant of licence for whales or dolphins . . . . . . . . . Things authorised by commercial wildlife harvesting licence Holder may take, keep and use particular animals. . . . . . . . . . . . Carrying out activities under commercial wildlife harvesting licence Way animal may be taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements about carcasses of animals taken under licence ..................................... Requirement to keep record book . . . . . . . . . . . . . . . . . . . . . . . . Requirement to give return of operations . . . . . . . . . . . . . . . . . . . Recreational wildlife harvesting licences Purpose of division Purpose of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on grant of recreational wildlife harvesting licences Restriction on grant of licence to children if weapons involved . . Restriction on grant of licence for ducks and quails . . . . . . . . . . . Things authorised by recreational wildlife harvesting licence Holder may take, keep, use and process particular animals . . . . Carrying out activities under recreational wildlife harvesting licence Way animal may be taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements about carcasses of animals taken under licence .................................... Requirement to give return of operations . . . . . . . . . . . . . . . . . . . Wildlife demonstrator licences Purpose of division Purpose of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 163 164 164 164 165 165 166 166 167 168 169 169 169 170 171 171 172

12 Nature Conservation Regulation 1994 Subdivision 2 224 Subdivision 3 225 226 227 228 229 230 231 232 Division 8 Subdivision 1 233 Subdivision 2 234 Subdivision 3 235 Subdivision 4 236 237 239 240 Subdivision 5 241 242 243 244 245 246 247 248 Division 9 Subdivision 1 249 Things authorised by wildlife demonstrator licence Holder may keep and use particular animals . . . . . . . . . . . . . . . . Carrying out activities under wildlife demonstrator licence Restriction on number of live animals that may be kept under licence ....................................... Minimum number of displays . . . . . . . . . . . . . . . . . . . . . . . . . . . . Way animal may be displayed . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement to supervise animal while being displayed . . . . . . . Restriction on acts animal may be required to do . . . . . . . . . . . . Handling dangerous animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement to keep record book . . . . . . . . . . . . . . . . . . . . . . . . Requirement to give return of operations . . . . . . . . . . . . . . . . . . . Wildlife exhibitor licences Purpose of division Purpose of div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional application requirements Requirement to give particular information for application . . . . . . Restrictions on grant for wildlife exhibitor licences Exhibit must meet particular criteria . . . . . . . . . . . . . . . . . . . . . . . Things authorised by wildlife exhibitor licence Holder may keep and use animals . . . . . . . . . . . . . . . . . . . . . . . . Holder may take and keep sick, injured or orphaned animals . . . Holder may engage in unauthorised interaction in particular circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Holder may move animal to or from licensed premises for secondary authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carrying out activities under wildlife exhibitor licence Way animal may be displayed . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement to supervise animal while being displayed . . . . . . . Restriction on acts animal may be required to do . . . . . . . . . . . . Handling dangerous animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . Particular holders must comply with approved interaction plan . . Particular holders must keep report about particular activities. . . Requirement to keep record book . . . . . . . . . . . . . . . . . . . . . . . . Requirement to give return of operations . . . . . . . . . . . . . . . . . . . Wildlife farming licences Purpose of division Purpose of div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 173 174 174 175 175 175 176 176 177 177 178 178 179 179 180 180 181 181 181 181 182 183 183 184

13 Nature Conservation Regulation 1994 Subdivision 2 250 251 Subdivision 3 252 Subdivision 4 253 254 255 256 257 258 259 260 261 Division 10 Subdivision 1 262 263 Subdivision 2 264 265 266 Subdivision 3 267 Subdivision 4 268 269 270 271 272 273 274 Part 5 Division 1 275 Restriction on grant of wildlife farming licences Restriction on animals for which licence may be granted. . . . . . . Restriction on grant of licence for particular reptiles . . . . . . . . . . Things authorised by wildlife farming licences Holder may keep, use and process animals. . . . . . . . . . . . . . . . . Carrying out activities under wildlife farming licence Requirement about identifying animal taken from the wild . . . . . . Sampling or implanting particular reptiles . . . . . . . . . . . . . . . . . . Complying with relevant code. . . . . . . . . . . . . . . . . . . . . . . . . . . . Way animal may be displayed . . . . . . . . . . . . . . . . . . . . . . . . . . . Animal must be supervised while being displayed . . . . . . . . . . . . Restriction on acts animal may be required to do . . . . . . . . . . . . Handling dangerous animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement to keep record book . . . . . . . . . . . . . . . . . . . . . . . . Requirement to give return of operations . . . . . . . . . . . . . . . . . . . Museum licences Preliminary Purpose of div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definition for div 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on grant of museum licences Restriction on persons to whom licence may be granted . . . . . . . Restriction on animals for which licence may be granted. . . . . . . Restriction on grant of licence authorising display . . . . . . . . . . . . Things authorised by museum licences Holder may take, keep, use and process particular animals . . . . Carrying out activities under museum licences Where animals may be displayed. . . . . . . . . . . . . . . . . . . . . . . . . Way animal may be displayed . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement to supervise animal while being displayed . . . . . . . Restriction on acts animal may be required to do . . . . . . . . . . . . Handling dangerous animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement to keep record book . . . . . . . . . . . . . . . . . . . . . . . . Requirement to give return of operations . . . . . . . . . . . . . . . . . . . Permits for taking, keeping or using animals Preliminary Permits that may be granted . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 184 185 185 185 186 186 187 187 187 188 188 189 189 189 190 190 190 191 192 192 192 193 193 193 194

14 Nature Conservation Regulation 1994 Division 2 276 277 Division 3 Subdivision 1 278 Subdivision 2 279 280 281 282 Subdivision 3 283 Subdivision 4 284 Division 4 Subdivision 1 285 Subdivision 2 286 287 Subdivision 3 288 Subdivision 4 289 Division 5 Subdivision 1 290 Subdivision 2 291 292 293 294 General restrictions on grant for all permits General restriction on grant of permits to children . . . . . . . . . . . . Restriction on grant of particular permits to children if weapon involved ....................................... Damage mitigation permits Purpose of division Purpose of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on grant of damage mitigation permit Restriction on animals for which permit may be granted . . . . . . . Restriction on purposes for which permit may be granted . . . . . . Restriction on grant of permit for damage or loss . . . . . . . . . . . . Restriction on grant of permit for threat to human health and wellbeing ..................................... Things authorised by damage mitigation permit Holder may take particular animals . . . . . . . . . . . . . . . . . . . . . . . Carrying out activities under damage mitigation permit Requirement to give return of operations . . . . . . . . . . . . . . . . . . . Educational purposes permits Purpose of division Purpose of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on grant for educational purposes permit Restriction on persons to whom permit may be granted . . . . . . . Restriction on purposes for which permit may be granted . . . . . . Things authorised by educational purposes permit Holder may take, keep and use particular animals. . . . . . . . . . . . Carrying out activities under educational purposes permit Requirement to give return of operations . . . . . . . . . . . . . . . . . . . Permit to keep protected wildlife Purpose of division Purpose of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on grant of permit to keep protected wildlife Restriction on purposes for which permit may be granted . . . . . . Restriction on grant of permit for animals taken under rehabilitation permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on grant of permit for animal from another State . . . . Restriction on grant of permit for animal kept under expired authority ...................................... 194 195 195 195 196 196 197 197 198 199 199 199 200 200 201 201 202 202 203

15 Nature Conservation Regulation 1994 295 Subdivision 3 296 297 298 299 Subdivision 4 300 301 302 Division 6 Subdivision 1 303 Subdivision 2 304 305 306 Subdivision 3 307 308 309 310 Subdivision 4 311 312 Division 7 Subdivision 1 313 314 Subdivision 2 315 316 317 Restriction on grant of permit to holders of particular authorities .................................. Things authorised by permit to keep protected wildlife Holder may keep animal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Holder may move animal to another holder if no longer keeping animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Holder may move animal to an institution if asked by chief executive ...................................... Holder may move particular birds. . . . . . . . . . . . . . . . . . . . . . . . . Carrying out activities under permits to keep protected wildlife Breeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement to keep record book . . . . . . . . . . . . . . . . . . . . . . . . Requirement to give return of operations . . . . . . . . . . . . . . . . . . . Rehabilitation permits Purpose of division Purpose of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on grant of rehabilitation permits Restriction on persons to whom permit may be granted . . . . . . . Restriction on grant of permit to voluntary wildlife care associations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on animals for which permit may be granted . . . . . . . Things authorised by rehabilitation permits Holder may obtain and keep particular animals . . . . . . . . . . . . . . Holders may take particular dead animals for feeding particular animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Particular holders may display particular animals . . . . . . . . . . . . Holder may move animals in particular circumstances . . . . . . . . Carrying out activities under rehabilitation permits Way animal must be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Returning animal to natural habitat . . . . . . . . . . . . . . . . . . . . . . . Scientific purposes permit Preliminary Purpose of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on grant of scientific purposes permit Restriction on persons to whom permit may be granted . . . . . . . Restriction on grant of permit allowing animal to be taken . . . . . . Restriction on grant of permit for whales or dolphins . . . . . . . . . . 203 204 204 205 205 206 206 206 207 208 208 208 208 209 209 210 211 211 212 212 213 213 214

16 Nature Conservation Regulation 1994 Subdivision 3 318 Subdivision 4 319 Division 8 Subdivision 1 320 Subdivision 2 321 322 Subdivision 3 323 Part 6 Division 1 324 Division 2 Subdivision 1 325 Subdivision 2 326 327 328 Subdivision 3 329 Division 3 330 Division 4 Subdivision 1 331 332 Things authorised by scientific purposes permit Holder may take, keep, use and process animals . . . . . . . . . . . . Carrying out activities under scientific purposes permit Requirement to give return of operations . . . . . . . . . . . . . . . . . . . Commercial whale watching permit Purpose of division Purpose of div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on grant of commercial whale watching permit General restriction on grant of commercial whale watching permit ..................................... Restriction on areas for which permit may be granted . . . . . . . . . Things authorised by commercial whale watching permit Holder may search, approach and observe whales . . . . . . . . . . . Authorities for taking, keeping or using animals Preliminary Authorities that may be granted . . . . . . . . . . . . . . . . . . . . . . . . . . Aboriginal tradition and Island custom authorities Preliminary Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on grant for Aboriginal tradition or Island custom authorities Restriction on persons to whom authority may be granted . . . . . Restriction on circumstances under which authority may be granted ..................................... Restriction on grant of authority for particular marine animals . . . Things authorised by Aboriginal tradition or Island custom authorities Holder may take, keep and use particular animals. . . . . . . . . . . . Collection authority to keep collection of dead protected wildlife Holder of authority may keep collection of dead protected wildlife ....................................... Collection authority to take and keep least concern wildlife Restrictions on grant for collection authority to take and keep least concern wildlife Restriction on persons to whom authority may be granted . . . . . Other restriction on grant of authority. . . . . . . . . . . . . . . . . . . . . . 214 215 216 216 217 218 218 219 219 220 220 220 221 221 222

17 Nature Conservation Regulation 1994 Subdivision 2 333 334 Subdivision 3 335 Part 7 Division 1 336 Division 2 337 338 339 340 Division 3 Subdivision 1 341 Subdivision 2 342 343 Subdivision 3 344 345 346 347 348 Subdivision 4 349 350 351 352 Things authorised by collection authority to take and keep least concern wildlife Holder may take, keep and use least concern animals . . . . . . . . Holder may move animals for survival training . . . . . . . . . . . . . . . Carrying out activities under collection authority to take and keep least concern wildlife Requirement to give return of operations . . . . . . . . . . . . . . . . . . . Taking or using protected plants Purpose of part Purpose of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions about using protected plants Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on using or moving least concern plants . . . . . . . . . . Restriction on using or moving whole protected plants for commercial purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on using or moving protected plant parts for commercial purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemptions for using protected plants Purpose of division Purpose of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemptions for using protected plants generally Exemption for protected plants registered under Plant Breeder’s Rights Act 1994 (Cwlth) . . . . . . . . . . . . . . . . . . . . . . . . Exemption for land-holders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemptions for using whole protected plants Definition for sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption for whole protected plants propagated by authorised propagator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption for selling whole protected plants by retail—type A restricted plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption for selling whole protected plants by retail—other protected plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption for selling particular whole protected plants propagated for recreational purposes . . . . . . . . . . . . . . . . . . . . . Exemptions for using protected plant parts Definition for sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption for using protected plant parts cultivated by authorised cultivator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption for selling protected plant parts by retail. . . . . . . . . . . Exemption for particular authority or permit holders. . . . . . . . . . . 222 222 223 223 225 225 225 226 227 227 227 228 228 229 229 230 230 231 231 231

18 Nature Conservation Regulation 1994 353 354 355 Division 4 Subdivision 1 356 357 358 Subdivision 2 360 361 362 363 364 Subdivision 3 365 366 367 368 Subdivision 4 369 Subdivision 5 370 Subdivision 6 371 372 Subdivision 7 373 Subdivision 8 374 375 376 Exemption for using protected plant parts for educational or scientific research purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption for retailers to move protected plants . . . . . . . . . . . . . Exemption to move protected plants for persons using plants under exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licences, permits and other authorities for taking or using protected plants Preliminary Licences that may be granted . . . . . . . . . . . . . . . . . . . . . . . . . . . Permits that may be granted . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorities that may be granted . . . . . . . . . . . . . . . . . . . . . . . . . . Commercial wildlife licences Holder may use protected plants for commercial purpose . . . . . . Selling or giving away protected plants generally. . . . . . . . . . . . . Additional provision about selling whole type A restricted plants ...................................... Requirement to keep record book . . . . . . . . . . . . . . . . . . . . . . . . Requirement to give return of operations . . . . . . . . . . . . . . . . . . . Recreational wildlife licences Restriction on persons to whom licence may be granted . . . . . . . Holder may use protected plants for recreational purpose. . . . . . Holder may also use particular protected plants for commercial purpose in particular circumstances. . . . . . . . . . . . . . . . . . . . . . . Restriction on selling particular plants . . . . . . . . . . . . . . . . . . . . . Commercial wildlife harvesting licence Holder may take and use particular protected plants . . . . . . . . . . Recreational wildlife harvesting licence Holder may take and use particular plants . . . . . . . . . . . . . . . . . . Herbarium licences Restriction on persons to whom licence may be granted . . . . . . . Holder may take or use protected plants in particular circumstances .................................. Clearing permits Holder may take protected plants. . . . . . . . . . . . . . . . . . . . . . . . . Damage mitigation permits Restriction on plants for which permit may be granted. . . . . . . . . Restriction on purposes for which permit may be granted . . . . . . Restriction on grant of permit for damage or loss . . . . . . . . . . . . 232 233 233 234 234 234 235 235 235 236 237 237 238 238 238 239 239 240 240 241 241 241 242

19 Nature Conservation Regulation 1994 377 378 379 Subdivision 9 380 381 382 383 Subdivision 10 384 385 386 387 Subdivision 11 388 389 390 Division 5 Subdivision 1 391 392 393 Subdivision 2 394 395 396 Part 8 Division 1 397 398 398A Division 1A 398B 398C 398D Restriction on grant of permit for threat to human health and wellbeing ..................................... Holder may take protected plants. . . . . . . . . . . . . . . . . . . . . . . . . Requirement to give return of operations . . . . . . . . . . . . . . . . . . . Educational purposes permits Restriction on persons to whom permit may be granted . . . . . . . Restriction on purpose for which permit may be granted . . . . . . . Holder may take and use protected plants . . . . . . . . . . . . . . . . . . Requirement to give return of operations . . . . . . . . . . . . . . . . . . . Scientific purposes permit Restriction on persons to whom permit may be granted . . . . . . . Restriction on purposes for which permit may be granted . . . . . . Holder may take and use protected plants . . . . . . . . . . . . . . . . . . Requirement to give return of operations . . . . . . . . . . . . . . . . . . . Aboriginal tradition and Island custom authorities Restriction on persons to whom authority may be granted . . . . . Restriction on circumstances under which authority may be granted ...................................... Holder may take and use protected plants . . . . . . . . . . . . . . . . . . Provisions about authorised cultivators and propagators Approval of authorised cultivators and propagators Approval of persons as authorised cultivator or propagator . . . . . Restriction on persons who may be approved . . . . . . . . . . . . . . . Notice of approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carrying out activities under approval Requirement to keep records . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assistance to conservation officers . . . . . . . . . . . . . . . . . . . . . . . Requirement to notify chief executive of new address . . . . . . . . . Permit for moving wildlife Preliminary Purpose of pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Permit may be granted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions for permits for interstate movements . . . . . . . . . . . . . Export agreements Minister may enter into agreement . . . . . . . . . . . . . . . . . . . . . . . . Only suitable persons may be party to agreement . . . . . . . . . . . . Content of agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 242 243 243 243 244 244 245 245 246 246 247 247 247 248 248 249 250 250 251 251 251 252 252 253 253

Division 2 399 400 401 402 402A 402B Division 3 403 Part 9 404 405 406 407 408 Part 10 409 410 411 412 413 414 414A 415 416 417 418 Part 11 Division 1 419 Division 2 420 20 Nature Conservation Regulation 1994 Restrictions on grant of wildlife movement permits Restriction on animals for which permit may be granted . . . . . . . General restriction on movements for which permit may be granted generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional general restriction for movements out of the State . . . Additional general restriction for movements into the State . . . . . Additional restriction for movement of prescribed protected animal to another State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional restriction for movement of prescribed protected animal within the State for export . . . . . . . . . . . . . . . . . . . . . . . . . Things authorised by wildlife movement permit Holder may move wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Processed products Purpose of pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definition for pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Processed products made or derived from protected animals . . . Processed products made or derived from protected plants . . . . Conservation officer may ask for evidence of source used . . . . . General offences Using poison or adhesive substance in a way that may take protected animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interfering with animal breeding place . . . . . . . . . . . . . . . . . . . . . Feeding native animals in the wild generally . . . . . . . . . . . . . . . . Feeding dangerous native animals in the wild . . . . . . . . . . . . . . . Disturbing dangerous native animals in the wild . . . . . . . . . . . . . Procedure for accidental taking of marine mammals and turtles ..................................... Procedure for taking protected sharks . . . . . . . . . . . . . . . . . . . . . Release of animals into the wild. . . . . . . . . . . . . . . . . . . . . . . . . . Spreading or releasing particular parts of non-native plants . . . . Housing wildlife other than protected wildlife . . . . . . . . . . . . . . . . Moving wildlife other than protected, international or prohibited wildlife into the State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous provisions Seizure of property Seizure of particular vehicles or appliances for the protection of native wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions about tags Chief executive may supply tags for use by person . . . . . . . . . . . 254 254 255 255 256 256 257 258 258 258 259 259 259 260 261 262 262 263 264 264 265 265 266 266 267

21 Nature Conservation Regulation 1994 421 422 423 424 425 Division 3 Subdivision 1 426 Subdivision 2 427 428 429 Division 4 430 431 432 Chapter 4 Part 1 433 434 435 436 437 438 439 Part 2 440 Part 3 441 442 443 444 445 446 Nature of tags supplied by the chief executive . . . . . . . . . . . . . . . Chief executive may recall tags . . . . . . . . . . . . . . . . . . . . . . . . . . Using tags generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tags not to be used by unauthorised person . . . . . . . . . . . . . . . . Interfering with tags . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conservation value for wildlife Conservation values for protected wildlife Conservation value for protected wildlife . . . . . . . . . . . . . . . . . . . Exemptions from payment of conservation value Exemption from payment of conservation value if taken under particular authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption from payment of conservation value for protected scorpions or spiders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption from payment of conservation value for particular reptiles ........................................ Stop action orders Application for and giving of stop action order . . . . . . . . . . . . . . . Contents and form of stop action order . . . . . . . . . . . . . . . . . . . . Respondent must comply with stop action order . . . . . . . . . . . . . General provisions Provisions about dealing with seized property Application of pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Particular property must be destroyed . . . . . . . . . . . . . . . . . . . . . Receipt for other seized property . . . . . . . . . . . . . . . . . . . . . . . . . Return of claimed property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with unclaimed property . . . . . . . . . . . . . . . . . . . . . . . . . Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation not payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Demerit points for particular offences Demerit points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions about record books Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Record books property of the State . . . . . . . . . . . . . . . . . . . . . . . Where and for how long record book must be kept . . . . . . . . . . . General information that must be included in record book . . . . . . When record particulars to be included in record book . . . . . . . . 267 268 268 268 269 270 270 271 271 271 272 273 273 273 273 274 275 275 276 276 277 277 281 281 282 283

447 448 449 450 451 Part 4 452 453 454 455 456 457 458 459 460 Part 5 Division 1 461 462 463 464 Division 2 465 466 467 468 469 470 471 472 22 Nature Conservation Regulation 1994 Additional information to be included for wildlife exhibitor licences ................................... Information must be complete, accurate and legible . . . . . . . . . . Requirement to produce or surrender record book . . . . . . . . . . . Requirement to notify chief executive of loss etc.. . . . . . . . . . . . . Persons must not interfere with record books . . . . . . . . . . . . . . . Provisions about return of operations Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form and nature of return of operations. . . . . . . . . . . . . . . . . . . . When return of operations must be given and the period for which they must be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information must be complete, accurate and legible . . . . . . . . . . Requirement about way and period for which return of operations must be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement to produce return of operations for inspection . . . . Requirement to notify chief executive of loss etc.. . . . . . . . . . . . . Interfering with return of operations . . . . . . . . . . . . . . . . . . . . . . . Fees Fees payable Fees generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional fee for particular licences and permits. . . . . . . . . . . . . Reduced fee for particular land-holders . . . . . . . . . . . . . . . . . . . . Reduced fee if royalty payable under another permit . . . . . . . . . . Exemptions Exemption from fee for camping permit for particular persons. . . Exemption from fee for particular holders of recreational wildlife harvesting licence for lizards . . . . . . . . . . . . . . . . . . . . . . Exemption from fee for particular wildlife farming licences. . . . . . Exemption from fee permits to keep protected wildlife . . . . . . . . . Exemption from fee for particular collection authorities . . . . . . . . Exemption from fee for recreational wildlife harvesting licence for protected plants that would be destroyed . . . . . . . . . . . . . . . . Exemption from fee for recreational wildlife harvesting licence for whole protected plants that will be propagated and replanted .................................... Exemption from fee for recreational wildlife harvesting licence for protected plant parts that will be propagated and replanted . . 283 284 284 284 285 285 285 287 287 288 288 289 289 289 290 290 291 292 292 292 292 293 293 293 294 294

Part 6 473 474 475 475A 475B 476 Chapter 5 Part 1 Division 1 477 Division 2 478 479 Division 3 480 481 Division 4 482 483 484 485 486 487 Division 5 488 Part 2 Division 1 489 Division 2 490 491 23 Nature Conservation Regulation 1994 Other general provisions Period for which particular documents must be kept . . . . . . . . . . Requirement to notify chief executive of particular matters . . . . . Prescribed class—Act, s 130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed forest reserves for temporary continuation of beekeeping—Act, s 184 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed forest reserves for temporary continuation of horse riding—Act, s 184A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Transitional provisions for Nature Conservation and Other Legislation Amendment Regulation (No. 3) 2003 Definitions Definitions for pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Continuing force of particular authorities Continuing force of particular existing licences . . . . . . . . . . . . . . Continuing force of existing rescue permits . . . . . . . . . . . . . . . . . Effect of commencement on particular applications in progress Applications in progress for particular licences . . . . . . . . . . . . . . Applications in progress for rescue permits . . . . . . . . . . . . . . . . . Effect of commencement on particular appeals Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeal to be decided under provisions before commencement. . Effect of court decision to grant licence or permit . . . . . . . . . . . . Effect of court decision to returns matter back to chief executive .................................... Effect of court decision to not grant licence or permit . . . . . . . . . References to rescue permits in Acts or documents References to rescue permits . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2005 Definitions Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for collection authorities to take and keep common wildlife Continuing force of existing authorities. . . . . . . . . . . . . . . . . . . . . Applications in progress for authorities. . . . . . . . . . . . . . . . . . . . . 294 295 296 296 296 297 297 298 298 298 299 299 299 300 300 300 300 301 301 302 302

24 Nature Conservation Regulation 1994 492 493 494 495 Division 3 496 497 498 Schedule 1 Part 1 1 1A 2 3 4 5 6 7 8 Part 2 9 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Schedule 6 Part 1 1 Continuing appeals for authorities to be decided under provisions before commencement . . . . . . . . . . . . . . . . . . . . . . . . Effect of court decision to grant authority . . . . . . . . . . . . . . . . . . . Effect of court decision to returns matter back to chief executive .................................. Effect of court decision to not grant authority . . . . . . . . . . . . . . . . References to particular collection authorities or wildlife in relevant authorities or other documents References to collection authorities to take and keep common wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References to presumed extinct wildlife . . . . . . . . . . . . . . . . . . . . References to common wildlife. . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of trustees of conservation parks or resources reserves ...................................... Conservation parks Anderson Street and Kamerunga Conservation Parks . . . . . . . . Bayview Conservation Park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Beachmere, Buckleys Hole, Byron Creek, Neurum Creek, Sheep Station Creek and Wararba Creek Conservation Parks . . Bukkulla Conservation Park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Denmark Hill, Flinders Peak, Ipswich Pteropus, Mount Beau Brummell, White Rock and White Rock (Limited Depth) Conservation Parks ............................. Lake Broadwater Conservation Park . . . . . . . . . . . . . . . . . . . . . . Lark Quarry Conservation Park . . . . . . . . . . . . . . . . . . . . . . . . . . Mount Whitfield Conservation Park . . . . . . . . . . . . . . . . . . . . . . . Springwood Conservation Park . . . . . . . . . . . . . . . . . . . . . . . . . . Resources reserves Blackbraes, Cudmore, Flat Top Range, Moonstone Hill and Stones Country Resources Reserves . . . . . . . . . . . . . . . . . . . . . Taking fish, invertebrate animals for use as bait and mud crabs in national parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Permitted uses in prescribed national parks . . . . . . . . . . . . . Permitted uses in national parks . . . . . . . . . . . . . . . . . . . . . . . Minimum flying height over national parks . . . . . . . . . . . . . . Processed products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions Definitions for sch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303 303 303 303 304 304 304 305 305 305 306 306 307 307 308 309 309 310 311 317 322 323 324 324

25 Nature Conservation Regulation 1994 Part 2 2 3 4 5 6 Part 3 7 Schedule 7 Schedule 8 Schedule 9 Part 1 1 Part 2 1 Part 3 1 2 3 Part 4 1 2 3 Part 5 1 2 3 Schedule 9A Schedule 9B Schedule 10 Processed products made or derived from protected animals Processed products made or derived from particular protected birds ......................................... Processed products made or derived from particular protected butterflies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Processed products made or derived from particular protected crocodiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Processed products made of or derived from particular protected emus .................................. Processed products made or derived from other protected animals ....................................... Processed products made or derived from protected plants Processed products made or derived from protected plants . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Domestic animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relevant protected animals . . . . . . . . . . . . . . . . . . . . . . . . . . . Exempt animals Birds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Controlled animals Birds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commercial animals Birds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Invertebrates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reptiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recreational animals Amphibians. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Birds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reptiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restricted animals Amphibians. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Birds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reptiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed forest reserves for temporary continuation of beekeeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed forest reserves for temporary continuation of horse riding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324 325 325 328 330 331 333 343 352 352 353 355 356 357 358 358 359 359 359 361 362 366 367

26 Nature Conservation Regulation 1994 Endnotes 1 2 3 4 5 6 7 8 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information about retrospectivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388 388 389 389 390 390 395 452

s 1 27 s 3B Nature Conservation Regulation 1994 Nature Conservation Regulation 1994 [as amended by all amendments that commenced on or before 11 August 2006] Chapter 1 Preliminary Part 1 General 1 Short title This regulation may be cited as the Nature Conservation Regulation 1994 . 2 Commencement This regulation commences on 19 December 1994. 3 Definitions Schedule 10 defines particular words used in this regulation. 3A Notes in text A note in the text of this regulation is part of the regulation. 3B Scientific names of protected wildlife Unless otherwise stated, scientific names used in this regulation for protected wildlife follow— (a) for birds—Simpson & Day, 1996, Field Guide to the Birds of Australia , 5th edition 1996, Penguin Books Australia Ltd, Victoria, Australia; or (b) for amphibians or reptiles—Cogger, H.G., 1992, Reptiles and Amphibians of Australia , 5th edition, Reed Books, Chatswood, NSW, Australia; or

s 3C 28 Nature Conservation Regulation 1994 s4 (c) for plants—the census of Queensland plants, called ‘Names and Distribution of Queensland Plants, Algae and Lichens’, published by the Queensland Herbarium. 1 Part 2 Licences 3C Definition for pt 2 In this part— licence includes a permit and an authority. licensee , for a licence, means the holder of the licence. 4 Applications (1) An application for a licence or a renewal of a licence must be made in the approved form and be accompanied by the licence fee. (2) However, an application for a camping permit does not need to be made in an approved form. (3) An application for an Aboriginal tradition or Island custom authority for a particular activity may be made by a corporation representing a community or group of Aborigines or Torres Strait Islanders only if— (a) the corporation is satisfied the way the activity will be performed is consistent with Aboriginal tradition or Island custom applicable to the activity; and (b) the corporation has consulted with, and considered the views of, Aboriginal or Torres Strait Islander people particularly concerned with the land to which the application relates before making the application. (4) An application for a renewal of a licence must be made at 1 An extract of the census, including the scientific names mentioned in the census, is available for inspection from the Queensland Herbarium at Mt Coot-tha Road, Toowong.

s 4 29 s 4 Nature Conservation Regulation 1994 least 30 days before the licence ends and be accompanied by the licence fee. (5) If the applicant is a corporation, the corporation— (a) must have an office in Queensland; and (b) must nominate someone as the person in charge of the place where the corporation is to conduct activities under the licence. (6) Subsection (5) does not apply to an application for a permit under chapter 2. 2 (7) Failure to comply with subsection (4) does not prevent the chief executive dealing with an application. (8) The chief executive may, by written notice given to an applicant within 30 days after receiving an application, require the applicant to give the chief executive additional information about the application. (9) If the applicant does not give the information required under subsection (8) to the chief executive within 90 days after the application is received by the chief executive— (a) the application is taken to have been withdrawn; and (b) the chief executive must give the applicant written notice stating— (i) the application is withdrawn; and (ii) the applicant may make a new application. (10) This section is subject to— (a) for an application for a licence for wildlife or an activity in a protected area—chapter 2; or (b) for an application for a licence for wildlife other than wildlife in a protected area—chapter 3 and any conservation plan that relates to the wildlife. 2 Chapter 2 relates to protected areas.

s 4A 30 Nature Conservation Regulation 1994 s5 4A Particular applications must include request for record book (1) This section applies if— (a) a person makes an application for a licence for which a holder of the licence must, under the Act, keep a record book; and (b) the person does not have the record book. (2) When the application is made, the person must— (a) ask for a record book; and (b) pay the prescribed fee for the record book. (3) In this section— record book includes a record and return book. 5 How chief executive may deal with applications for licence (1) The chief executive must consider an application for a licence and either— (a) grant the licence, with or without conditions; or (b) refuse to grant the licence. (2) The chief executive must make a decision under subsection (1)— (a) if the chief executive is satisfied on reasonable grounds the application is of an unusual nature and requires additional information or consultation—within 90 days after receiving the application; and (b) for any other application—within 60 days after receiving the application. (3) However, for an application for which additional information has been requested, the chief executive must make the decision within 60 days after receiving the additional information. (4) The chief executive may grant the licence only if the chief executive is satisfied the applicant is an appropriate person to hold the licence.

s 5 31 s 5 Nature Conservation Regulation 1994 (5) In deciding whether the applicant is an appropriate person to hold the licence, the chief executive must consider whether the applicant has the character, knowledge and ability relevant to the activities that may be carried out under the licence. 3 (6) However, subsections (4) and (5) do not apply to a camping permit under chapter 2. (7) The chief executive must refuse to grant the licence— (a) if the applicant holds a licence and has accumulated 10 or more demerit points in the 3 years immediately before the day the application is refused; or (b) if— (i) the applicant is a former licensee whose licence was cancelled because the person accumulated 10 or more demerit points; and (ii) the application is made within 2 years after the person’s licence was cancelled; and (iii) the application is for the same kind of licence as the cancelled licence; or (c) if the applicant has had an equivalent licence, permit or other authority (however described) in another State or country suspended or cancelled in the 3 years immediately before the day the application is made; or (d) if the applicant, or a person who has effective management or control of the applicant’s operations for which the application is made, has, in the 3 years immediately before the application is made, been convicted of— (i) an offence against the Act, this regulation or a conservation plan; or (ii) an offence relating to cruelty to an animal in Queensland, another State or country; or 3 Under section 135 of the Act, the chief executive may obtain a report from the commissioner of the police service about the applicant’s criminal history, including convictions mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6.

s 5 32 s 5 Nature Conservation Regulation 1994 (iii) another offence relating to wildlife or a place equivalent to a protected area (however described) in another State or country; or (e) if— (i) a former licensee whose licence has been cancelled has effective management or control of the applicant’s operations for which the application is made; and (ii) the application is made within 2 years after the cancellation; and (iii) the application is for the same kind of licence as the cancelled licence; or (f) if the chief executive reasonably believes— (i) the place to which the application relates is unfit for use under the licence; or (ii) the applicant does not have the facilities to house the animal for which the application is made in a way that complies with the requirements about housing the animal under this regulation or a relevant code of practice for the animal. 4 (8) If the chief executive decides to grant the licence, the chief executive must promptly give the applicant— (a) the licence; and (b) if a condition imposed by the chief executive is stated on the licence— (i) the reasons for the condition; and (ii) a written notice stating that the applicant may appeal against the imposition of the condition within 28 days to a Magistrates Court. (9) If the chief executive decides not to grant the licence, the chief executive must promptly give the applicant a written notice stating— (a) the decision; and 4 See, for example, section 97 (Housing and care of live protected animals).

s 5A 33 Nature Conservation Regulation 1994 s6 (b) the reasons for the decision; and (c) that the applicant may appeal against the decision within 28 days to a Magistrates Court. (10) This section is subject to— (a) for an application for a licence for wildlife or an activity in a protected area—chapter 2; or (b) for an application for a licence for wildlife other than wildlife in a protected area—chapter 3 and any conservation plan that relates to the wildlife. 5A Continuing conditions of particular licences (1) This section applies to a licence that authorises a person to take, or buy or accept, a live protected animal in the State if the animal is to be lawfully moved to another State. (2) The chief executive may impose on the licence a condition that imposes an obligation on the holder of the licence, or a relevant person for the holder, that continues after the licence expires if— (a) the obligation is about the purpose for which the animal, or a progeny of the animal, may be used, or the way the animal, or a progeny of the animal, must be kept, after the licence expires; and (b) the chief executive reasonably believes imposing the obligation is necessary to achieve the object of the Act. (3) In this section— holder , of a licence that has expired, means the person who held the licence immediately before its expiry. 6 Compliance with conditions (1) If a condition imposed by the chief executive is stated on a licence, a person acting under the licence must comply with the condition. Maximum penalty—80 penalty units. (2) For subsection (1), the holder of a licence is taken to comply with a condition of the licence if a relevant person for the

s 7 34 s 8 Nature Conservation Regulation 1994 holder complies with the condition for the holder. (3) This section does not apply to a camping permit. Note — For camping permits, see section 42. (4) In this section— holder , of a licence that has expired, means the person who held the licence immediately before its expiry. 7 Licences generally not transferable A licence other than an apiary permit for a park designated for apiaries is not transferable. 7A Transfer of apiary permit for park designated for apiaries (1) The chief executive may, on the making of an application, transfer an apiary permit for a park designated for apiaries. (2) The application must be— (a) in the approved form; and (b) made by the holder of the permit and the proposed transferee; and (c) accompanied by the fee prescribed under a regulation. (3) Sections 4(8) and (9) and 5 apply for the application as if— (a) it were an application for a licence; and (b) a reference in the sections to the applicant were a reference to the proposed transferee. 8 Grounds for suspension, cancellation or refusal to renew (1) Each of the following is a ground for the suspension or cancellation of, or refusal to renew, a licence— (a) the licence was obtained on the basis of incorrect or misleading information; (b) the licensee has contravened a condition of the licence; (c) the licensee has committed an offence against the Act,

s 9 35 s 9 Nature Conservation Regulation 1994 the repealed Act, this regulation or a conservation plan; (d) the licensee has accumulated 10 or more demerit points in any period of 3 years; (e) the licensee, or someone else required to be an appropriate person for the grant of the licence, is not, or is no longer an appropriate person; (f) someone whose licence has been cancelled has effective management or control of the licensee’s operations under the licence; (g) if the licence relates to premises—the premises are unfit for use under the licence; (h) the licensee has an equivalent licence, permit or other authority (however described) in another state or country suspended or cancelled; (i) the licensee has been convicted of— (i) an offence relating to cruelty to an animal in Queensland, another state or country; or (ii) another offence relating to wildlife or a place equivalent to a protected area (however described) in another state or country. (2) The question whether a person is, or continues to be, an appropriate person is decided in the same way as the question whether the person would be an appropriate person for the grant of the licence. 9 Procedure for suspension, cancellation or refusal to renew (1) This section applies if the chief executive— (a) considers there is a ground to suspend, cancel or refuse to renew a licence; and (b) proposes to suspend, cancel or refuse to renew the licence (the proposed action ). (2) The chief executive must give the licensee a written notice that— (a) states the proposed action; and

s 9 36 s 9 Nature Conservation Regulation 1994 (b) states the grounds for the proposed action; and (c) outlines the facts and circumstances forming the basis of the grounds; and (d) if the proposed action is suspension of the licence—states the proposed suspension period; and (e) invites the licensee to show cause within a stated time, of at least 28 days, why the proposed action should not be taken. (3) If, after considering all written representations made within the stated time, the chief executive still considers there is a ground to take the proposed action, the chief executive may— (a) if the proposed action was to suspend the licence for a stated period—suspend the licence for not longer than the proposed suspension period; or (b) if the proposed action was to cancel the licence—either cancel the licence or suspend it for a period; or (c) if the show cause notice was a notice of intention not to renew the licence—refuse to renew the licence. (4) The chief executive must inform the licensee of the decision by written notice. (5) If the chief executive decides to suspend, cancel or refuse to renew the licence, the notice must state— (a) the reasons for the decision; and (b) that the licensee may appeal against the decision within 28 days to a Magistrates Court. (6) The decision takes effect on the later of the following days— (a) the day the notice is given to the licensee; (b) the day of effect stated in the notice. (7) Subsections (4) to (6) do not apply to the suspension of a licence if the suspension is necessary in the particular circumstances for— (a) the immediate protection of life or property; or (b) the immediate control of a fire or another natural disaster.

s 10 37 s 10 Nature Conservation Regulation 1994 (8) However, if the licence is suspended or cancelled because of the conviction of a person for an offence— (a) the suspension or cancellation does not take effect until— (i) the end of the time to appeal against the conviction; and (ii) if an appeal is made against the conviction—the appeal is finally decided; and (b) the suspension or cancellation has no effect if the conviction is quashed. 10 Procedure for urgent suspension or cancellation of licence (1) This section applies if the chief executive is satisfied— (a) urgent action is necessary in the particular circumstances for the conservation of nature or in the interest of public safety; or (b) a protected area, native wildlife or members of the public may be harmed if urgent action to suspend or cancel a licence is not taken. (2) The chief executive may suspend or cancel a licence without prior written notice to the licensee for a reason mentioned in subsection (1). (3) However, the chief executive must immediately inform the licensee of the decision by written notice. (4) The notice must state— (a) the reasons for the decision; and (b) that the licensee may appeal against the decision within 28 days to a Magistrates Court. (5) The decision takes effect on the later of the following days— (a) the day the notice is given to the licensee; (b) the day of effect stated in the notice. (5A) Subsections (3) to (5) do not apply to the suspension of a licence if the suspension is necessary in the particular

s 11 38 s 12 Nature Conservation Regulation 1994 circumstances for— (a) the immediate protection of life or property; or (b) the immediate control of a fire or another natural disaster. (6) A suspension or cancellation may be for a particular protected area, particular protected wildlife, or both. 11 Return of licence (1) The holder of a suspended licence, or former holder of a cancelled licence, must return the licence to the chief executive within 14 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse for not returning it or not returning it within that time. Maximum penalty—20 penalty units. (2) If a suspended licence is returned to the chief executive, the chief executive must return it to the licensee at the end of the suspension period. 12 Replacement licences (1) A licensee may apply to the chief executive for the replacement of a lost, stolen or destroyed licence. (2) The chief executive must consider each application and either— (a) replace the licence; or (b) refuse to replace the licence. (3) If the chief executive is satisfied the licence has been lost, stolen or destroyed, the chief executive must replace the licence. (4) If the chief executive decides to refuse to replace the licence, the chief executive must give the applicant a written notice stating— (a) the decision; and (b) the reasons for the decision; and

s 13 39 s 14 Nature Conservation Regulation 1994 (c) that the applicant may appeal against the decision within 28 days to a Magistrates Court. 13 Amendment of licences on application (1) A licensee may apply to the chief executive for an amendment of the licence. (2) The application must be— (a) in writing and signed by the licensee; and (b) made at least 10 days before the licensee wants the amendment to take effect; and (c) accompanied by the prescribed fee. (3) However, failure to comply with subsection (2) does not prevent the chief executive dealing with the application. (4) The chief executive must decide the application by— (a) amending the licence in the way sought; or (b) refusing to amend the licence. (5) The chief executive may amend the licence only if the chief executive is satisfied on reasonable grounds the amendment is desirable in the interests of nature conservation or the effective administration of the Act. 14 Amendment of licences without application (1) If the chief executive considers the conditions of a licence should be amended, the chief executive must give the licensee a written notice (the show cause notice ) that— (a) states the reasons for the amendment; and (b) outlines the facts and circumstances that form the basis of the reasons; and (c) invite the licensee to show cause within a stated time, of at least 28 days, why the conditions should not be amended. (2) The chief executive may amend the conditions if, after considering all representations made within the stated time, the chief executive still believes the conditions should be

s 15 40 s 15 Nature Conservation Regulation 1994 amended— (a) in the way mentioned in the show cause notice; or (b) in another way, having regard to the representations. (3) If the chief executive decides to amend the conditions, the chief executive must give the licensee a written notice stating— (a) the way in which the conditions have been amended; and (b) that the licensee may appeal against the decision within 28 days to a Magistrates Court. (4) Subsections (1) to (3) do not apply if the conditions of a licence are to be amended only— (a) by omitting a condition; or (b) to correct an error; or (c) to make a change (other than a change of substance); or (d) in another way that does not adversely affect the licensee’s interests. (5) The chief executive may make an amendment of a type mentioned in subsection (4) by written notice given to the licensee. (6) Without limiting when the chief executive may make an amendment under this section, the chief executive may make the amendment when the chief executive renews the licence. 15 Notice to return licence for alteration (1) The chief executive may, by written notice, require the licensee to return the licence to the chief executive within a stated time, of at least 14 days, to enable the chief executive to amend the statement of conditions on the licence. (2) After amending the statement of conditions, the chief executive must return the licence to the licensee. (3) A licensee must comply with a notice under subsection (1), unless the person has a reasonable excuse not to comply with it.

s 16 41 s 17 Nature Conservation Regulation 1994 Maximum penalty—20 penalty units. (4) The amendment of the conditions of the licence does not depend on the statement of conditions being amended under this section. 16 Surrender of licence (1) A licensee may surrender the licence by written notice given to the chief executive. (2) The licence must accompany the notice. (3) A surrender of a licence takes effect— (a) on the day the notice is given; or (b) the day of effect stated in the notice. Part 3 Appeals 17 Decisions open to appeal (1) An applicant for a licence may appeal against the chief executive’s decision to refuse to grant the licence. (2) A licensee may appeal against 1 of the following decisions of the chief executive— (a) a decision to impose a condition on a licence; (b) a decision to amend a condition of a licence; (c) a decision to refuse to amend a condition of a licence; (d) a decision to suspend or cancel a licence; (e) a decision to refuse to renew a licence; (f) a decision to refuse to replace a licence; (g) a decision to impose a condition on an approval given under this regulation; (h) a decision to refuse to give an approval under this regulation;

s 18 42 s 19 Nature Conservation Regulation 1994 (i) a decision requiring a person contravening a requirement of this regulation about the housing and care of protected animals— (i) to make stated changes to the cage or enclosure housing a protected animal; or (ii) to surrender the person’s licence or permit, and the animal, to the chief executive within a stated time; (j) a decision to impose a condition on an approval given under a conservation plan specifying the decision is open to appeal under this part; (k) a decision to refuse to give an approval under a conservation plan specifying the decision is open to appeal under this part. (3) A person to whom a stop action order has been given may appeal against the decision of the chief executive to give the order. 5 18 How to start an appeal (1) An appeal is started by filing a written notice of appeal with the clerk of the court of the Magistrates Court nearest the place where the applicant or licensee lives, carries on, or proposes to carry on, business. (2) The clerk of the court must give the chief executive a copy of the notice. (3) The notice of appeal must be filed within 28 days after the appellant receives written notice of the decision appealed against. (4) The Magistrates Court may at any time extend the period for filing the notice of appeal. (5) The notice of appeal must state the grounds of the appeal. 19 Stay of operation of decisions (1) The Magistrates Court may stay a decision appealed against to 5 See section 430 (Application for and giving of stop action order).

s 20 43 s 21 Nature Conservation Regulation 1994 secure the effectiveness of the appeal. (2) A stay— (a) may be given on the conditions the Magistrates Court considers appropriate; and (b) operates for the period specified by the Magistrates Court; and (c) may be revoked or amended by the Magistrates Court. (3) The period of a stay specified by the Magistrates Court must not extend past the time when the Magistrates Court decides the appeal. (4) The starting of an appeal against a decision affects the decision, or the carrying out of the decision, only if the decision is stayed. 20 Hearing procedures (1) The procedure for an appeal to the Magistrates Court is in accordance with— (a) the rules of court applicable to the appeal; or (b) in the absence of relevant rules—directions of the court. (2) In deciding an appeal, the Magistrates Court— (a) is not bound by the rules of evidence; and (b) must observe natural justice; and (c) may hear the appeal in court or chambers. 21 Powers of court on appeal (1) In deciding an appeal, the Magistrates Court may— (a) confirm the decision appealed against; or (b) set aside the decision and substitute another decision; or (c) set aside the decision and return the matter to the chief executive with directions the Magistrates Court considers appropriate. (2) In substituting another decision, the Magistrates Court has the

s 22 44 s 24 Nature Conservation Regulation 1994 same powers as the chief executive. Example — The court may decide an unsuccessful applicant for a licence be granted the licence either unconditionally or on particular conditions. In making the decision, the court must consider, amongst other things, the relevant management principles in part 4, division 1 or part 5, division 1 of the Act. (3) If the Magistrates Court substitutes another decision, the substituted decision is taken, for this regulation (other than this part), to be the decision of the chief executive. 22 Appeal to District Court on questions of law only A party dissatisfied by the decision of the Magistrates Court may appeal to the District Court, but only on a question of law. Chapter 2 Protected areas Part 1 Preliminary 23 Purpose of chapter The purpose of this chapter is to manage the way people may use a protected area under the management principles for the area. 6 24 Application of chapter—general Subject to section 25, this chapter applies to all protected areas. 7 6 The management principles are given in sections 16 to 26 of the Act. 7 The extent of the application of this chapter may be modified by regulation giving effect to a management plan for a protected area.

s 25 45 s 26 Nature Conservation Regulation 1994 25 Application of chapter—special (1) In this section— private land means land other than Crown land. protected area means— (a) a nature refuge; or (b) a coordinated conservation area; or (c) a wilderness area; or (d) a world heritage management area; or (e) an international agreement area. (2) This chapter applies to a national park (Aboriginal land) or national park (Torres Strait Islander land) unless a stated provision of this chapter is declared, by this regulation, not to apply to the area. 8 (3) A provision of this chapter applies to a State forest or timber reserve under the Forestry Act 1959 in a protected area only if, and to the extent, this regulation declares it to apply to a State forest or timber reserve. (4) A provision of this chapter applies to private land in a protected area only if, and to the extent, this regulation declares it to apply to the land. (5) This chapter does not apply to the following activities on land in a Resources Reserve— (a) an activity carried out under a licence, permit, claim or lease under the Mineral Resources Act 1989 or the Petroleum Act 1923 on land covered by the licence, permit, claim or lease; (b) fossicking or camping under the Fossicking Act 1994 . 26 Trustees have some of chief executive’s powers (1) The trustee of a conservation park or resources reserve stated 8 This regulation may, for example, apply a particular provision of this chapter to a particular protected area to give effect to the declared management intent for the area or a conservation agreement or covenant.

s 27 46 s 27 Nature Conservation Regulation 1994 in schedule 1 has, for the park or reserve, the powers of the chief executive stated in schedule 1 for the park or reserve. (2) For the application of this regulation to a trustee, a reference to the chief executive is a reference to the trustee. (3) If a trustee charges a fee for a service the trustee provides in a conservation park or resources reserve, the trustee must apply the fee to satisfying the management principles for the park or reserve. 27 Areas where fish, invertebrate animals or mud crabs may be taken (1) This section applies to the following animals ( permitted animals )— (a) fish; (b) invertebrate animals; (c) mud crabs ( Scylla serrata ). (2) A person may take a permitted animal in a prescribed area subject to the conditions stated in schedule 2, part 2. (3) However, an invertebrate animal may be taken only for use as bait to take fish. (4) A person must not take a permitted animal in a prescribed area, or part of a prescribed area, if the taking of the animal is restricted or prohibited in the area, or the part of the area, under a regulatory notice. Maximum penalty—165 penalty units. (5) A person who, under this section, takes a permitted animal in a prescribed area must not remove a live permitted animal from the area. Maximum penalty—165 penalty units. (6) In this section— prescribed area means— (a) an area within a national park in schedule 2, part 1, column 2 set out opposite the national park in schedule 2, part 1, column 1; and

s 27A 47 Nature Conservation Regulation 1994 s 27B (b) an area within a national park (Aboriginal land) in schedule 2, part 1, column 2 set out opposite the national park (Aboriginal land) in schedule 2, part 1, column 1; and (c) an area within a national park (Torres Strait Islander land) in schedule 2, part 1, column 2 set out opposite the national park (Torres Strait Islander land) in schedule 2, part 1, column 1; and (d) a conservation park; and (e) a resources reserve. 27A Permitted uses in national parks or national parks (recovery)—Act, s 35 (1) For section 35(1)(c) 9 of the Act, a use stated in schedule 3, column 2, is a permitted use for the prescribed national park, or part of the prescribed national park, stated in schedule 3, column 1 opposite the use. (2) In this section and schedule 3— prescribed national park means a national park or a national park (recovery). 27B Permitted uses in national parks—Act, s 37 For section 37(2) 10 of the Act, a use stated in schedule 4 is a permitted use for the national park, or part of the national park, stated for the use. 9 Section 35 (Chief executive’s powers about permitted uses in national parks or national parks (recovery)) of the Act 10 Section 37 (Chief executive’s powers to renew existing authorities for national parks) of the Act

s 28 48 s 32 Nature Conservation Regulation 1994 Part 2 Authorities and permits Division 1 Authorities 28 Chief executive may grant authorities The chief executive may grant the following kinds of authorities under this chapter— (a) Aboriginal tradition authority; (b) Island custom authority. 29 Authority may be for taking etc. of cultural or natural resource The chief executive may, in an Aboriginal tradition or Island custom authority, authorise an individual to take, use, keep or interfere with a cultural or natural resource of a protected area under Aboriginal tradition or Island custom. 30 Authority must state protected area etc. The chief executive must state in an Aboriginal tradition or Island custom authority the protected area, or part of the protected area, and the cultural or natural resource, to which the authority relates. 31 Who may obtain authorities The chief executive may grant an Aboriginal tradition or Island custom authority for a protected area only to a corporation whose members represent a community or group of Aborigines or Torres Strait Islanders particularly concerned with land in the area. 32 Authorised individuals (1) The chief executive may, in an Aboriginal tradition or Island custom authority, state the names of individuals who may take, use, keep or interfere with cultural or natural resources

s 33 49 s 34 Nature Conservation Regulation 1994 under the authority. (2) The individuals must be individuals named by the corporation in the application for the authority. 33 When chief executive must not grant authorities (1) The chief executive must not grant an Aboriginal tradition or Island custom authority— (a) for a natural resource of a national park (scientific); or (b) for threatened, rare or near threatened wildlife; or (c) for wildlife, other than threatened, rare or near threatened wildlife—if the taking, use, keeping or interference with the wildlife will reduce its ability to maintain or recover its natural population levels in the area; or (d) if— (i) the way the cultural or natural resource is to be taken, used, kept or interfered with involves the use of a weapon; or (ii) in the chief executive’s opinion, the way the cultural or natural resource is to be taken, used, kept or interfered with may endanger anyone visiting the protected area. (2) Subsection (1)(b) does not apply to a seed or another part of a vulnerable, rare or near threatened plant. 34 Other restrictions on grant of authorities (1) The chief executive may grant an Aboriginal tradition or Island custom authority for a cultural or natural resource of a protected area only if the chief executive has had regard to— (a) any advice given by the corporation named in the application for the authority, on the significance, under Aboriginal tradition or Island custom applicable to the area, of the activity covered by the application; and (b) whether there is a reasonable alternative to taking, keeping, using or interfering with the cultural or natural

s 35 50 s 36 Nature Conservation Regulation 1994 resource; and (c) the extent to which the proposed activity will interfere with the public’s use of the area. (2) Also, the chief executive may grant an Aboriginal tradition or Island custom authority for a natural resource of a national park only if the chief executive is satisfied— (a) the purpose for which the resource is to be taken, used, kept or interfered with is of particular significance under Aboriginal tradition or Island custom according to the views of people regarded by the members of the group the corporation named in the application represents as having authority to state the traditional or customary significance of the resource; or (b) the Aborigines or Torres Strait Islanders involved in the application for the authority will be on the national park to prepare a claim or management plan for the national park under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 . (3) Subsection (2)(a) does not apply to a seed or another part of a vulnerable, rare, near threatened or least concern plant. 35 Duration of authorities (1) An Aboriginal tradition or Island custom authority is in force for the period, of not more than 1 year, stated in the authority. (2) The period for which the authority is in force starts on the day stated in the authority. 36 Way cultural or natural resource may be taken The holder of an Aboriginal tradition or Island custom authority must ensure anyone acting under the authority takes, uses, keeps or interferes with a cultural or natural resource of a protected area in a way consistent with Aboriginal tradition or Island custom applicable to the area. Maximum penalty—165 penalty units.

s 37 51 s 37A Nature Conservation Regulation 1994 Division 2 Permits 37 Chief executive may grant permits Subject to section 37A and part 5, 11 the chief executive may grant the following kinds of permits under this chapter— (a) camping permit; (b) restricted access area permit; (c) permit to take, use, keep or interfere with cultural or natural resources; (d) stock grazing permit; (e) stock mustering permit; (f) travelling stock permit; (g) permit to enter a national park (scientific); (h) commercial activity permit; (i) permit to solicit donations or information; (j) group activity permit; (k) permit to use recreational craft; (l) special activities permit. 37A Restriction on grant of permits (1) The chief executive must not grant a permit unless satisfied the applicant has adequate insurance cover for the activities to be conducted under the permit. (2) However, subsection (1) does not apply if the chief executive is satisfied insurance cover is not required for the activities to be conducted under the permit having regard to the nature of the activities. (3) In this section— insurance cover , for activities to be conducted under a permit, means a policy of insurance that insures the applicant for the 11 Part 5 (Permits to take, use, keep or interfere with cultural or natural resources)

s 38 52 s 39 Nature Conservation Regulation 1994 permit and the State against a claim for damage, injury or loss to a person, and damage to property, arising from the activities. permit does not include a camping permit or a permit to solicit donations or information. 38 Permit must state protected area The chief executive must state in a permit the protected area, or part of the protected area, to which the permit relates. 39 Duration of permits (1) Each of the following permits is in force for not more than the period stated for the permit— (a) camping permit—22 days; (b) restricted access area permit—1 year; (c) permit to take, use, keep or interfere with cultural or natural resources— (i) if the permit is an apiary permit—5 years; or (ii) for the taking of water—10 years; or (iii) for a scientific purpose—3 years; or (v) for another purpose—1 year; 12 (d) stock grazing permit—10 years; (e) stock mustering permit—60 days; (f) travelling stock permit—30 days; (g) permit to enter a national park (scientific)—1 year; (h) commercial activity permit—3 years; (i) permit to solicit donations or information—1 year; (j) group activity permit—30 days; (k) permit to use recreational craft—1 year; 12 Section 62 of the Act deals with the taking, using, keeping and interfering with cultural and natural resources of a protected area.

s 39A 53 Nature Conservation Regulation 1994 s 40 (l) special activities permit—1 year. (2) The chief executive must specify in a permit how long the permit is in force. (3) The period for which the permit is in force starts on the day stated in the permit. 39A Permit may be taken to have been granted (1) This section applies if— (a) a person is the holder of a commercial activity permit; and (b) the person makes application for a renewal of the permit under section 4(4); and (c) the chief executive has not granted, or refused to grant, the renewal of the permit before it ends; and (d) the person has not withdrawn the application. (2) The permit continues in force until the chief executive grants or refuses the application. (3) However, if the chief executive has not granted, or refused to grant, the application within 3 months after the day on which, but for this section, the permit would have ended, the application is taken to have been refused. Part 3 Camping in protected areas Division 1 General requirements for camping in protected areas 40 Permit needed to camp in a protected area A person must not camp in a protected area unless— (a) the person holds a camping permit for the area; or (b) if the person is accompanying a person mentioned in

s 41 54 s 42A Nature Conservation Regulation 1994 paragraph (a)—the number of persons accompanying the person mentioned in paragraph (a) does not exceed the number of persons stated on the permit. Maximum penalty— (a) for paragraph (a)—20 penalty units; and (b) for paragraph (b)—10 penalty units. 41 Restrictions on camping A person must not camp in a part of a protected area where camping is prohibited under this regulation, a regulatory notice or camping permit. Maximum penalty—80 penalty units. 42 Camping conditions (1) A holder of a camping permit must not allow more people to camp under the permit than the number stated in the permit. Maximum penalty—20 penalty units. (2) A person camping under a camping permit must comply with the conditions of the permit. 13 Maximum penalty—10 penalty units. Division 2 E-permit camping areas 42A Definitions for div 2 In this division— additional conditions notice see section 42C(3). e-permit agency , in relation to an e-permit camping area, means— (a) the department; or 13 See section 42G (Nature and conditions of permit) or 44 (When permit is taken to have been granted) for the conditions of camping permits taken to have been granted for e-permit or self-registration camping areas.

s 42B 55 Nature Conservation Regulation 1994 s 42C (b) another government entity stated on the e-permit camping notice for the area. e-permit camping notice see section 42B. e-permit camping tag see section 42D(1). e-permit distribution point , for an e-permit camping area, means a place, stated on the e-permit camping notice for the area, where an e-permit camping tag may be obtained for the area. e-permit number means a sequence of letters and numbers used to identify a camping permit for an e-permit camping area. government entity see the Public Service Act 1996 , section 21. 42B E-permit camping areas The chief executive may erect or display in, at or near the entrance to, a protected area, a notice (an e-permit camping notice ) stating that, in a stated period, the area, or a stated part of the area, is an e-permit camping area. 42C Requirements for e-permit camping notice (1) An e-permit camping notice for an e-permit camping area must state, in general terms, the procedures to be followed by persons intending to camp in the area. (2) An e-permit camping notice must also state the following information— (a) the conditions applying to a person camping in the area; (b) the penalty for camping in the area without a camping permit; (c) each e-permit distribution point for the area. (3) The chief executive may also erect or display, near the e-permit camping notice, another notice (an additional conditions notice ) stating any additional conditions applying to a person camping in the area.

s 42D 56 Nature Conservation Regulation 1994 s 42E 42D Chief executive to make camping tag available (1) The chief executive must make available, in an accessible and conspicuous position at or near each e-permit distribution point for an e-permit camping area, a tag to be displayed at the person’s camp site (an e-permit camping tag ). (2) The tag must include a space for the person to write the following on it— (a) the person’s name; (b) the e-permit number for the person’s camping permit for the area. (3) The chief executive must ensure a person who has applied, or intends to apply, for a camping permit for an e-permit camping area is given notice of the location of each e-permit distribution point for the area. (4) Without limiting subsection (3), the chief executive must— (a) publish the location of each e-permit distribution point for the area on the department’s website; 14 and (b) ensure— (i) for a camping permit granted under section 42E—the written notice given under section 42E(2) includes the location of each e-permit distribution point for the e-permit camping area to which the permit relates; or (ii) for a camping permit granted under section 42F—the e-permit agency who issues, under section 42F(2)(d), the e-permit number for the permit also gives the person to whom the permit is granted the location of each e-permit distribution point for the e-permit camping area to which the permit relates. 42E When internet permit taken to have been granted (1) This section applies if a person, or an agent acting for the 14 At the commencement of this section, the department’s website was <www.epa.qld.gov.au>.

s 42F 57 Nature Conservation Regulation 1994 s 42G person, applies for a camping permit for an e-permit camping area for the person by way of the internet. (2) The person is taken to have been granted a camping permit for the area when the e-permit agency to which the application was made gives the person or the agent a written notice stating the e-permit number for the permit. 15 42F When telephone permit taken to have been granted (1) This section applies if a person, or an agent acting for the person, applies for a camping permit for an e-permit camping area for the person telephonically. (2) The person is taken to have been granted a camping permit for the area after all of the following steps have been completed— (a) the person or agent gives the information required by the approved form to an officer of an e-permit agency; (b) the person or agent states, to an officer of an e-permit agency, that the person understands and accepts the conditions of the permit; (c) the person or agent pays the correct fee to an e-permit agency by giving the person’s credit card details to an officer of the e-permit agency; (d) the e-permit agency issues the person or agent an e-permit number to identify the permit. (3) In this section— approved form means the form approved by the chief executive for applying for camping permits over the telephone. 42G Nature and conditions of permit (1) This section applies to a permit taken, under section 42E or 42F, to have been granted to a person for an e-permit camping area. 15 See the Electronic Transactions (Queensland) Act 2001 for provisions about giving or receiving information through electronic communications.

s 43 58 s 43 Nature Conservation Regulation 1994 (2) The permit is not taken to have been granted— (a) for more people than the number stated by the person, or an agent acting for the person, in the application for the permit; or (b) for more days than the number stated by the person, or an agent acting for the person, in the application for the permit; or (c) for a time when the area is not an e-permit camping area; or (d) for longer than 22 days or, if the e-permit camping notice or any additional conditions notice for the area states a shorter period as the longest period for which anyone may camp in the area, the shorter period. (3) The conditions stated in the e-permit camping notice, and any additional conditions notice, for the area are taken to be— (a) conditions of the permit; and (b) stated on the permit. Division 3 Self-registration camping areas 43 Self-registration camping areas (1) The chief executive may erect or display in, at or near the entrance to, a protected area, a notice (a self-registration camping notice ) stating that, in a stated period, the area, or a stated part of the area, is a self-registration camping area. (2) A self-registration camping notice must state, in general terms, the procedures to be followed by persons intending to camp in the area. (3) A self-registration camping notice must also state— (a) the conditions applying to a person camping in the area; and (b) the camping fee payable for camping in the area; and (c) the penalty for camping in the area without a permit. (4) The chief executive must make forms ( camping forms ) and a

s 44 59 s 44 Nature Conservation Regulation 1994 sealed, secure camping fee container available for use for camping in the area. (5) The camping forms and camping fee container must be in an easily accessible and conspicuous position in the area. (6) The camping form must— (a) state the procedures a person using the form must follow; and (b) include a detachable camping fee envelope and a form to be displayed at the person’s camp site (a self-registration camping tag ); and (c) include, on the camping fee envelope, a section for use for credit card payment of camping fees. (7) On completion of a camping form, the person must put the camping fee envelope in the camping fee container. 44 When permit is taken to have been granted (1) This section applies if a person— (a) fills in a camping form for a self-registration camping area in the way stated on the form; and (b) either— (i) places the camping fee in cash or a cheque in the camping fee envelope and seals the envelope; or (ii) properly completes and signs the credit card payment section of the camping form; and (c) puts the envelope in the camping fee container. (2) The person is taken to have been granted a camping permit for the area and period stated in the form. (3) The permit is not taken to have been granted— (a) for more people than the number stated on the camping form; or (b) for more people than the number stated on the self-registration camping notice; or (c) for a time when the area is not a self-registration camping area; or

s 45 60 s 45 Nature Conservation Regulation 1994 (d) for longer than the longest period for which anyone may camp in the area; or (e) if the person paid the camping fee by cheque and the cheque is dishonoured; or (f) if the person completed the credit card payment section of the camping fee envelope and the person’s financial institution does not authorise the payment. (4) The conditions stated in the self-registration notice for the area are taken to be— (a) conditions of the permit; and (b) stated on the permit. Division 4 Particular offences relating to camping in protected areas 45 Display of camping permits or camping tags (1) A person camping under a camping permit must, as soon as possible after making camp, display in the way stated in subsection (2)— (a) the camping permit; or (b) if the camping permit was granted, under section 42E or 42F, for an e-permit camping area—an e-permit camping tag that has the following written on it— (i) the name of the holder of the permit; (ii) the e-permit number relating to the permit; or (c) if the camping permit was, under section 44(2), granted for a self-registration area—the self-registration camping tag relating to the permit. Maximum penalty—2 penalty units. (2) The permit or tag must be displayed by attaching it, in a conspicuous position, to— (a) the tent, caravan or other structure the person is using for camping; or

s 46 61 s 47 Nature Conservation Regulation 1994 (b) if paragraph (a) does not apply—a vehicle or other equipment the person is using for camping. (3) The person must take reasonable steps to ensure the permit or tag remains displayed at the place where the person is camping while the person is camping under it. Maximum penalty—2 penalty units. 46 Interfering with camping permits or tags (1) This section applies if— (a) a person is camping under a camping permit; and (b) the camping permit, or an e-permit camping tag or self-registration camping tag relating to the camping permit, is displayed on the person’s tent, caravan, structure, vehicle or other equipment. (2) A person must not, unless the person has a reasonable excuse, interfere with the camping permit, e-permit camping tag or self-registration camping tag. Maximum penalty—20 penalty units. (3) In this section— interfere with , a camping permit, e-permit camping tag or self-registration camping tag, includes to remove the permit or tag. Part 4 Restricted access areas 47 Application of part (1) This part applies to an area declared to be a restricted access area under a regulatory notice. (2) An area may be declared to be a restricted access area, for example— (a) to protect significant natural or cultural resources; or (b) to enable the restoration or rehabilitation of the area; or

s 48 62 s 50 Nature Conservation Regulation 1994 (c) to protect a breeding area for native wildlife; or (d) to protect an area of major interest; or (e) to protect individuals from potential danger. 48 Permit needed to enter restricted access area (1) A person must not enter or remain in a restricted access area unless the person holds a permit to enter the area. Maximum penalty—80 penalty units. (2) Subsection (1) does not apply to a person who enters a restricted access area under a commercial activity permit or with the chief executive’s written approval. 49 Restriction on entry under permit A holder of a restricted access area permit must not enter a restricted access area for a purpose other than the purpose stated in the permit. Maximum penalty—80 penalty units. Part 5 Permits to take, use, keep or interfere with cultural or natural resources 50 Restrictions on grant of apiary permit (1) This section imposes restrictions on the chief executive’s power, under section 37, 16 to grant an apiary permit. 16 Section 37 (Chief executive may grant permits)

s 51 63 s 51 Nature Conservation Regulation 1994 (2) The permit may be granted only over a conservation park, park designated for apiaries 17 or resources reserve. 18 (3) The permit must not allow more than 150 beehives for an apiary site. (4) The permit must not be granted for a park designated for apiaries if, were the permit to be granted, there would be more than the permitted number of apiary sites for the park. 19 (5) For subsection (4), the permitted number of apiary sites for the park is the number of apiary sites stated in schedule 9A, 20 opposite the name of the forest reserve that became the park. 51 Restrictions on grant of permits for educational or scientific purposes (1) The chief executive may grant a permit to take, use, keep or interfere with cultural or natural resources for educational purposes only if the chief executive is satisfied— (a) in relation to the purpose for which the permit is sought, the applicant— (i) holds a tertiary qualification including studies the chief executive considers appropriate; or (ii) has demonstrated appropriate experience and knowledge; or (iii) has appropriate experience in the care and husbandry of wildlife; and (b) the taking, use, keeping or interference with the resource is ecologically sustainable; and (c) the educational purpose for which the resource is proposed to be taken, used, kept or interfered with is a genuine educational purpose; and 17 See schedule 10, definition park designated for apiaries and schedule 9A (Prescribed forest reserves for temporary continuation of beekeeping). 18 See however section 36 (Authorities for new national park or national park (recovery)) of the Act. 19 See also section 184 (Provision to allow beekeeping in particular former forest reserves until 2025) of the Act. 20 Schedule 9A (Prescribed forest reserves for temporary continuation of beekeeping)

s 51 64 s 51 Nature Conservation Regulation 1994 (d) it is reasonably necessary for the educational purpose to be conducted on a protected area; and (e) if the resource is a cultural resource of significance to a community or group of Aboriginal people or Torres Strait Islanders particularly concerned with the land where the resource is to be taken—the proposed taking, use, keeping or interference with the resource has appropriate regard to the wishes of the community or group. (2) The chief executive may grant a permit to take, use, keep or interfere with a cultural or natural resource for scientific purposes only if the chief executive is satisfied— (a) either— (i) the applicant— (A) is associated with a recognised scientific research institution or a professional organisation involved in scientific research; or (B) is receiving, or has completed, postgraduate training in scientific research; or (C) has achieved a satisfactory level of competence in scientific research; or (ii) the applicant has an established reputation in the field of scientific research relating to the resource; and (b) the taking, use, keeping or interference with the resource is ecologically sustainable; and (c) the scientific purpose for which the resource is to be taken, used, kept or interfered with is a legitimate purpose; and (d) the way the scientific purpose is to be achieved fulfils the requirements of the institution or organisation with which the person is associated; and (e) it is reasonably necessary for the scientific purpose to be conducted on a protected area; and (f) the application is supported by the institution’s or

s 52 65 s 54 Nature Conservation Regulation 1994 organisation’s chief executive officer; and (g) if the resource is a cultural resource of significance to a community or group of Aboriginal people or Torres Strait Islanders particularly concerned with the land where the resource is to be taken—the proposed taking, use, keeping or interference with the resource has appropriate regard to the wishes of the community or group. Part 6 Stock in protected areas Division 1 Grazing 52 Permit needed to graze stock in protected area (1) A person must not graze stock in a protected area unless the person holds a stock grazing permit. Maximum penalty—165 penalty units. (2) A person must not graze animals other than cattle, horses or sheep in a protected area. Maximum penalty—165 penalty units. 53 When permit may not be granted The chief executive must not grant a stock grazing permit for a protected area other than a conservation park or resources reserve. 54 Application of division to new national parks This division does not prevent a person grazing stock on particular land for a period stated in a lease, agreement, licence, permit or other authority granted, made, issued or

s 55 66 s 57 Nature Conservation Regulation 1994 given to allow the continued use of the land for the stated period after its dedication as a national park. 21 Division 2 Stock mustering permits 55 Permit needed to muster stock (1) A person must not muster stock in a protected area unless the person holds a stock mustering permit. Maximum penalty—120 penalty units. (2) Subsection (1) does not prevent a person mustering stock on the part of a protected area on which the person may lawfully graze the stock. 56 Use of animals and vehicles (1) The chief executive may authorise the use of a horse, a particular breed of dog, or a particular type of vehicle or aircraft, for mustering stock under a stock mustering permit. (2) A person who brings an animal into a protected area under a stock mustering permit must restrain the animal when the person is not using the animal to muster stock. Maximum penalty for subsection (2)—120 penalty units. Division 3 Travelling stock permits 57 Permit needed to travel stock (1) A person must not travel stock in a protected area unless the person holds a travelling stock permit. Maximum penalty—120 penalty units. (2) Subsection (1) does not prevent a person travelling stock to or from land in a protected area on which the person may 21 Under section 36 of the Act the chief executive may allow the continued use of land dedicated as a national park for a limited time after the land’s dedication.

s 58 67 s 61 Nature Conservation Regulation 1994 lawfully graze the stock. (3) A person must not travel animals other than cattle, horses or sheep in a protected area. Maximum penalty—120 penalty units. 58 When permit may not be granted The chief executive must not grant a travelling stock permit for a national park (scientific). Division 4 Impounding of stock 59 Stray stock A person must not allow stock to stray onto a protected area. Maximum penalty—165 penalty units. 60 Stray stock may be seized (1) In this section— stray stock means stock— (a) on a protected area but outside a part of the area on which someone may lawfully graze stock; or (b) that have strayed onto a protected area from land outside the area. (2) If a conservation officer reasonably suspects stock found in a protected area are stray stock, the officer may seize the stock. (3) Stock seized under this section may be dealt with under chapter 4, part 1. Division 5 General 61 General muster (1) If the chief executive considers it necessary for the management of a protected area to muster stock on the area,

s 62 68 s 63 Nature Conservation Regulation 1994 the chief executive may conduct a general muster of stock. (2) The chief executive must give land-holders adjoining the protected area at least 7 days written notice of intention to conduct the muster. (3) An adjoining land-holder may be present and take part in the muster. (4) The chief executive may seize stock found on the protected area during the muster. (5) Stock seized under this section may be dealt with under chapter 4, part 1. (6) In this section— stock includes alpaca, camels, donkeys, deer, goats, llama, ostriches and peafowl. Part 7 Other permits 62 Permit needed to be in national park (scientific) A person must not enter or remain in a national park (scientific) unless the person holds a permit to enter the park. Maximum penalty—165 penalty units. 63 Permit needed to conduct commercial activities (1) A person must not conduct a commercial activity in a protected area unless— (a) the person holds a commercial activity permit for the area; or (b) the activity is conducted in the area under an agreement. Maximum penalty—165 penalty units. (2) The holder of a commercial activity permit must always carry the permit, or a copy of the permit, while conducting the activity to which the permit relates.

s 63A 69 Nature Conservation Regulation 1994 s 64 Maximum penalty—50 penalty units. (3) The holder of a commercial activity permit, other than a commercial activity permit for filming or photography, must keep a record book supplied by the chief executive. 22 Maximum penalty for subsection (3)—50 penalty units. 63A Return of operations for particular holders (1) The holder of a commercial activity permit, other than a commercial activity permit for filming or photography, must give the chief executive a return of operations that complies with section 454. 23 Maximum penalty—120 penalty units. (2) The holder must also give, with the return, the chief executive any outstanding fees owed to the chief executive for the period to which the return relates. Maximum penalty—120 penalty units. 64 Permit needed to solicit donations or information (1) A person must not solicit donations or information in a protected area unless the person holds a permit to solicit donations or information in the area. Maximum penalty—20 penalty units. (2) The chief executive must not grant a permit to solicit donations or information unless the purpose for soliciting the donations or information is consistent with the management principles for the area. (3) The holder of a permit to solicit donations or information must not solicit donations or information in a way that causes 22 See chapter 4 (General provisions), part 3 (Provisions about record books) for the requirements about record books required to be kept under the Act. 23 Section 454 (Form and nature of return of operations) See chapter 4 (General provisions), part 4 (Provisions about return of operations) generally for requirements about return of operations required to be given under the Act.

s 65 70 s 68 Nature Conservation Regulation 1994 a disturbance to other persons in the area. Maximum penalty for subsection (3)—20 penalty units. 65 Permit needed to conduct a group activity A person must not conduct a group activity in a protected area unless the person holds a group activity permit. Maximum penalty—50 penalty units. 66 Permit to use recreational craft A person must not use a recreational craft in a protected area unless the person holds a permit to use recreational craft. Maximum penalty—80 penalty units. 67 Special activities permit If, under a regulatory notice for a protected area or conservation plan for an area identified under the plan as, or including, a critical habitat, an activity is designated as a special activity for the area, or part of the area, a person must not conduct the activity in the area or the part of the area, unless the person— (a) holds a special activities permit; or (b) holds a commercial activity permit for the activity for the area. Maximum penalty—80 penalty units. Part 8 Conduct on protected areas Division 1 Access to protected areas 68 Access to protected areas (1) A person must not enter a protected area, or part of a protected

s 69 71 s 69A Nature Conservation Regulation 1994 area, when entry to the area, or the part of the area, is prohibited under a regulatory notice. Maximum penalty—120 penalty units. (2) A person who is not authorised under this regulation to enter a protected area, or part of a protected area, when entry to the area, or the part of the area, is prohibited must not remain in the area or the part of the area. Maximum penalty—120 penalty units. Division 2 Fires in protected areas 69 Definitions for div 2 In this division— manufactured fuel means a manufactured or processed thing that can be used for fuel, including, for example, refined oil or gas and wood chips or shavings. prescribed cooking or heating appliance means a portable cooking or heating appliance that is self-contained and uses manufactured fuel, including, for example, a fuel or gas stove. 69A General prohibitions about lighting fires (1) A person must not light a fire in a protected area, or part of a protected area, if lighting a fire is prohibited, in the area or part, under a regulatory notice or a permit. Maximum penalty—165 penalty units. (2) A person must not light, keep or use a fire in a place, in a protected area, other than— (a) a barbecue or fireplace provided by the chief executive; or (b) if a barbecue or fireplace is not provided—a place that is more than 2m from flammable material. Maximum penalty—165 penalty units. (3) Subsections (1) and (2) do not apply to a person lighting or using a prescribed cooking or heating appliance or lighting or

s 69B 72 Nature Conservation Regulation 1994 s 69C smoking a smoking product if the person takes reasonable steps to ensure the lighting, using or smoking does not result in damage to— (a) a natural or cultural resource of the protected area; or (b) property in the protected area, other than property owned by the person. (4) In this section— smoking product see the Tobacco and Other Smoking Products Act 1998 , schedule. 69B Other prohibited actions relating to fires (1) A person must not deposit any of the following in a protected area— (a) a lit match, pipe, cigar, cigarette or tobacco; (b) hot ashes; (c) a burning or smouldering substance; (d) a substance or device that ignites on impact or by spontaneous combustion. Maximum penalty—165 penalty units. (2) Subsection (1) does not apply to a person depositing a thing mentioned in subsection (1) for— (a) lighting or using— (i) a prescribed cooking or heating appliance; or (ii) a barbecue or fireplace provided by the chief executive; or (b) if a barbecue or fireplace is not provided by the chief executive for the area—lighting a fire in a place that is more than 2m from flammable material. 69C Prohibition about leaving fires (1) A person who lights or assumes control of a fire in a protected area must put the fire out before leaving the fire. Maximum penalty—165 penalty units.

s 70 73 s 71 Nature Conservation Regulation 1994 (2) Subsection (1) does not apply if another person assumes control of the fire before the person mentioned in subsection (1) leaves the fire. 70 Conservation officers powers in relation to fires (1) If a conservation officer believes, on reasonable grounds, a fire in a protected area is, or may become, a hazard to the area, a person or property, the conservation officer may— (a) give the person apparently in charge of the fire an oral or written direction to put the fire out or lower its intensity to a reasonable level; or (b) put out the fire. (2) The person must comply with the direction. Maximum penalty—165 penalty units. Division 3 Unauthorised structures and works 71 Unauthorised structures and works (1) A person must not erect a structure (other than a camping structure under a camping permit) or carry out work in a protected area— (a) without the chief executive’s written approval; or (b) in contravention of the terms of the chief executive’s approval. Maximum penalty—165 penalty units. (2) If a person erects a structure or carries out work in a protected area in a way complying with the chief executive’s written approval, the person must not allow the structure or work to remain in the area for longer than the time allowed under the approval. Maximum penalty—165 penalty units.

s 72 74 s 72 Nature Conservation Regulation 1994 72 Removal of unauthorised structures and works (1) This section applies to a structure erected, or a work carried out, in a protected area (whether before or after the commencement of this regulation) without the chief executive’s written approval. (2) If the name of the person who erected the structure or work is known, a conservation officer may give the person a written direction to— (a) remove the structure or work, and anything in the structure, within a stated time; or (b) if the work can not be removed—stabilise or rehabilitate the work. Example of subsection (2)(b) — A person who has, without the chief executive’s approval, carried out work to construct a walking track in a protected area may be given a direction to rehabilitate the part of the area in which the track is constructed. (3) However, if the conservation officer can not find out the person’s name after making reasonable inquiries, the officer may seize the structure or work, and anything in the structure, and take the steps that are reasonable and necessary to remove it. (4) If the person does not comply with a direction given to the person under subsection (2)(a) within the stated time, the officer may seize the structure or work, and anything in the structure, and take the steps that are reasonable and necessary to remove it. (5) A structure, work or thing seized under this section may be dealt with under chapter 4, part 1. (6) A person must, unless the person has a reasonable excuse, comply with a direction given to the person under subsection (2)(b). Maximum penalty—165 penalty units.

s 73 75 s 74 Nature Conservation Regulation 1994 Division 4 Vehicles, boats and recreational craft in protected areas 73 Traffic control (1) The chief executive may erect or mark, at a place in a protected area, a sign regulating driving, riding, parking or standing or use of a vehicle, boat or recreational craft at a place, including, for example— (a) a speed limit; or (b) a pedestrian crossing; or (c) where the driving, parking or standing of vehicles, or the driving, standing or mooring of boats and recreational craft, is prohibited, restricted or restricted to authorised persons, vehicles, boats or recreational craft. (2) The sign may be an official traffic sign. (3) A person in control of a vehicle, boat or recreational craft in the protected area must comply with the sign. Maximum penalty—20 penalty units. (4) An authorised person, or the driver of an authorised vehicle, boat or recreational craft, must comply with the authorisation. Maximum penalty—20 penalty units. (5) In this section— authorised means authorised in writing by the chief executive. 74 Use of vehicles, boats and recreational craft (1) A person must not, in a protected area— (a) drive or ride a vehicle or boat the person is not licensed to drive or ride under a law of a State that provides for the licensing of persons who may drive or ride vehicles or boats; or (b) drive or ride a vehicle or boat that is not registered under a law of a State that provides for the registration of vehicles or boats; or

s 74 76 s 74 Nature Conservation Regulation 1994 (c) carry on a motor cycle more than 1 passenger; or (d) drive or ride a vehicle or boat in a way that causes or may cause the vehicle or boat to swerve, veer or turn violently; or (e) drive or ride a vehicle, boat or recreational craft at a speed or in a way that causes or may cause— (i) danger to the person; or (ii) danger or fear to someone else; or (iii) damage to the area; or (f) in relation to a moving motor vehicle— (i) ride or travel outside the vehicle (other than a motorcycle), including on an external step, footboard, tray of the vehicle; or (ii) ride or travel on something towed by the vehicle; or (iii) ride or travel in or on a vehicle (other than a motor cycle) with a part of the person’s body outside the vehicle; or (g) use a vehicle, boat or recreational craft in a way that disrupts or may disrupt someone else’s enjoyment of the area; or (h) drive, ride or attempt to drive or ride a vehicle on a surface other than— (i) a road; or (ii) a surface authorised by a regulatory notice or a permit for use by vehicles; or (i) park or stand a vehicle or moor a boat in a way or in a place that may— (i) obstruct or prevent the free passage of a vehicle or boat; or (ii) cause damage to or interfere with the area; or (j) drive or ride in a vehicle fitted with seat belts that are not properly fastened around the person; or (k) drive a vehicle fitted with seat belts or child restraints

s 75 77 s 76 Nature Conservation Regulation 1994 that are not properly fastened around a child in the vehicle; or (l) ride a motor cycle or bicycle unless the person is wearing a helmet. Maximum penalty—20 penalty units. (2) Subsection (1)(h) does not apply to an act done under a permit. 75 Directions may be given (1) If a conservation officer believes it is reasonably necessary, the officer may give the person in control of a vehicle, boat or recreational craft in a protected area an oral or written direction about the driving, riding, parking, mooring or use of the vehicle, boat or recreational craft in the area. (2) A direction may also be given in a way that sufficiently shows the conservation officer’s intention. (3) The directions a conservation officer may give include directions— (a) for the protection of the area’s natural and cultural resources; and (b) to secure the safety of a person or a person’s property; and (c) to minimise disturbance to persons in a protected area. (4) A person must comply with a direction given to the person, unless the person has a reasonable excuse for not complying with it. Maximum penalty—50 penalty units. 76 Seizure and removal of vehicles (1) In this section— vehicle includes— (a) a boat, recreational craft and aircraft; and (b) anything attached to or contained in a vehicle.

s 77 78 s 77 Nature Conservation Regulation 1994 (2) A conservation officer may seize, remove and hold a vehicle the officer believes on reasonable grounds— (a) is parked or moored in a protected area in contravention of this regulation; or (b) is abandoned in a protected area. (3) The vehicle must be held at a safe place. (4) A conservation officer may exercise the powers given under subsection (2)(a) only if— (a) the officer believes on reasonable grounds it is necessary or desirable to seize and remove the vehicle, having regard to the safety of people, traffic or wildlife in the protected area; and (b) the officer— (i) can not immediately locate the driver of the vehicle; or (ii) believes on reasonable grounds the driver of the vehicle is not willing or able to immediately remove the vehicle. (5) The vehicle, must be dealt with under chapter 4, part 1. Division 5 Other conduct 77 Appliances (1) A person must not bring into, have in possession, or use, an appliance in a protected area without the chief executive’s written approval or in a way that is not permitted under the terms of the approval. Maximum penalty—120 penalty units. (2) Subsection (1) does not apply to a person if the person— (a) brings the appliance into a protected area securely stowed in a dismantled state in or on the vehicle or boat the person used to bring it into the area; and (b) keeps it dismantled and securely stowed in or on the vehicle or boat while it is in the area.

s 78 79 s 79 Nature Conservation Regulation 1994 (3) Also, subsection (1) does not apply to an appliance brought into the area for use, and used solely, for camping or another domestic purpose or for a permitted activity. (4) Without limiting subsection (2), an appliance is securely stowed in or on a vehicle or boat if it is kept in a place in or on the vehicle or boat where it is not easily accessible and is out of sight. 78 Plants not to be brought into protected area (1) A person must not bring a plant into a protected area. Maximum penalty—50 penalty units. (2) Subsection (1) does not apply to a plant brought into a protected area— (a) with the chief executive’s written approval; or (b) for use by the person or someone else in the area as food; or (c) under a sign, regulatory notice or permit, for use by the person as firewood; or (d) for consumption by an animal lawfully brought into the area. 79 Certain other prohibited conduct (1) A person in a protected area must not— (a) be disorderly or create a disturbance; or (b) cordon off a part of the area or a barbecue, table or other facility in the area; or (c) claim to have an exclusive right to use a part of the area or a barbecue, table or other facility in the area; or (d) defecate within 10m, or a greater distance stated in a regulatory notice, of a lake, watercourse or walking track; or (e) bury human wastes within 10m, or a greater distance stated in a regulatory notice, of— (i) a lake or watercourse; or

s 80 80 s 81 Nature Conservation Regulation 1994 (ii) an occupied or established campsite; or (iii) a site designated by a regulatory notice as a campsite; or (iv) a walking track or another public facility; or (f) leave human wastes unburied; or (g) destroy, damage, mark, deface or in any other way interfere with any sign, notice, fence, gate, building or structure erected or placed in the area. Maximum penalty—50 penalty units. (2) Subsections (1)(b) and (c) do not apply if, under a permit, the permit holder may cordon off part of the area or the facility. (3) Subsections (1)(d) and (e) do not apply to a facility provided by the chief executive for use by visitors to the area. 80 Pollution and misuse of water (1) A person must not pollute a lake or watercourse in a protected area, including, for example, by discharging waste from a boat, using soap, detergent or shampoo, or putting oil, grease or a harmful or dangerous substance, in the lake or watercourse. Maximum penalty—50 penalty units. (2) A person must not— (a) interfere with or damage a water supply or water storage facility; or (b) allow water from a tap to run to waste; or (c) wash a vehicle, clothing, cooking utensils or anything else in a lake or watercourse; or (d) allow an animal in the person’s possession to be in a lake or watercourse. Maximum penalty—50 penalty units. 81 Offensive and harmful substances (1) A person must not bury or leave a noxious, offensive or

s 82 81 s 83 Nature Conservation Regulation 1994 harmful substance, offal or a carcass or skeleton in a protected area. Maximum penalty—120 penalty units. (2) A person must not use a herbicide or pesticide in a protected area without the chief executive’s written approval. Maximum penalty—120 penalty units. 82 Flying over and landing in protected areas (1) A person must not fly over a protected area mentioned in schedule 5 at a height less than the minimum height stated, in schedule 5, for the area. Maximum penalty—120 penalty units. (2) A person must not land an aircraft or recreational craft in a protected area (other than on a designated landing area) without the chief executive’s written approval. Maximum penalty—120 penalty units. 83 Litter (1) A person must not, in a protected area— (a) deposit litter in a place other than a litter bin; or (b) if there is no litter bin in the area—deposit litter in the area; or (c) if there is a litter bin in the area but a regulatory notice prohibits the deposit of litter in the area—deposit litter in the area. Maximum penalty—20 penalty units. (2) A person must not deposit in a protected area litter brought into the area by the person or anyone else. Maximum penalty—20 penalty units. (3) A conservation officer may direct a person to remove the person’s litter from a protected area even though there is a litter bin in the area.

s 84 82 s 86 Nature Conservation Regulation 1994 Example — all bins in the area may be full (4) The person must comply with the direction. Maximum penalty—20 penalty units. 84 Boat and vehicle bodies and parts A person must not dump, leave or abandon a boat or vehicle, or a part of a boat or vehicle, in a protected area. Maximum penalty—120 penalty units. 85 Other waste materials A person must not dump or leave used or waste materials, including for example, building materials, fencing materials, drums or vegetation, in a protected area. Maximum penalty—120 penalty units. 86 Animals (1) A person must not— (a) take a live animal into a protected area; or (b) have a live animal under the person’s control in a protected area. Maximum penalty—20 penalty units. (2) Subsection (1) does not apply— (a) to an animal brought into a protected area— (i) under a stock grazing permit; or (ii) for use in mustering stock under a stock mustering permit; or (iii) with the chief executive’s written approval; or (b) if horse riding is permitted in a conservation park or resources reserve under a regulatory notice—to a horse brought into the conservation park or resources reserve for horse riding activities; or

s 86A 83 Nature Conservation Regulation 1994 s 86A (c) to a horse brought into a prescribed national park (recovery), if the horse is kept in a part of the park identified on a regulatory notice as being a horse trail; or (d) if dog-walking is permitted in a conservation park or resources reserve under a regulatory notice—to a dog brought into the conservation park or resources reserve for dog-walking; or (e) to a guide-dog; or (f) to a live fish or mud crab that is, under this regulation, lawfully taken in a protected area or a place adjacent to a protected area; or (g) to an invertebrate animal that is taken at a place adjacent to a protected area and brought into the protected area for the purpose of taking fish at a place that is in the immediate vicinity of the place the animal was taken. (3) In this section— prescribed national park (recovery) means a national park (recovery), or a part of a national park (recovery)— (a) to which section 184A 24 of the Act applies; and (b) that was formerly a forest reserve prescribed under section 475B and schedule 9B. 25 86A Bringing into and keeping of dogs in protected area (1) A person must not bring a dog into, or keep a dog in, a protected area unless the dog is under control. Maximum penalty—20 penalty units. (2) A person who brings a dog into, or keeps a dog in, a protected area must, if the dog defecates in the area— (a) immediately collect any faeces deposited by the dog and enclose them in a secure bag or wrapping; and 24 Section 184A (Provision to allow horse riding in particular former forest reserves until 24 November 2013) of the Act 25 Section 475B (Prescribed forest reserves for temporary continuation of horse riding—Act, s 184A) and schedule 9B (Prescribed forest reserves for temporary continuation of horse riding)

s 86B 84 Nature Conservation Regulation 1994 s 86B (b) deposit the enclosed faeces— (i) in a bin identified by the chief executive as appropriate for that purpose; or (ii) if no bin in the protected area has been identified by the chief executive—in, on or at a place outside the area. Maximum penalty—20 penalty units. (3) In this section— under control , for a dog, means— (a) a person who is physically able to control the dog is holding the dog by a leash that is appropriate to restrain the dog; or (b) the dog— (i) is securely tethered to an object that the dog can not move; and (ii) is under the supervision of a person who is physically able to control the dog; or (c) the dog is being transported in an enclosed vehicle, carry cage or other suitable closed container; or (d) the dog is being transported on the tray of a vehicle and is securely tethered so as to be confined to the vehicle tray. 86B Complying with direction to remove animal (1) A conservation officer may give a person in charge of an animal in a protected area an oral or written direction to remove the animal from the area if the officer reasonably believes that the animal— (a) is unlawfully in the area; or (b) has been causing a nuisance or disturbance in the area; or (c) is a danger to persons or wildlife in the area. (2) The person must, unless the person has a reasonable excuse— (a) remove the animal from the area; and

s 87 85 s 87A Nature Conservation Regulation 1994 (b) ensure the animal is not returned to the area within 24 hours after its removal. Maximum penalty—40 penalty units. (3) In this section— person in charge , of an animal, has the meaning given by the Animal Care and Protection Act 2001 , section 12. 87 Feeding native animals (1) A person in a protected area must not feed a native animal— (a) that is dangerous, venomous or capable of injuring a person; or (b) if a regulatory notice prohibits the feeding of the animal. Maximum penalty— (a) for paragraph (a)—40 penalty units; or (b) for paragraph (b)—20 penalty units. (2) Subsection (1) does not apply to— (a) the following persons performing functions under the Act in relation to the native animal— (i) the chief executive; (ii) a conservation officer, public service officer or other employee of the department acting under the chief executive’s authority; or (b) a person who feeds a native animal under a licence, permit or other authority or with the chief executive’s written approval. 87A Keeping food safe from native animals (1) A person in a protected area must ensure food in the person’s possession or under the person’s control is kept— (a) in a way that prevents native animals that are dangerous, venomous or capable of injuring a person from gaining access to the food; or (b) if a regulatory notice states the way in which the food

s 87B 86 Nature Conservation Regulation 1994 s 88 must be kept—in the stated way. Maximum penalty—40 penalty units. (2) Subsection (1) does not apply to food that— (a) is being consumed by a person or prepared for human consumption; or (b) is lawfully deposited in a litter bin in the protected area. 87B Disturbing native animals (1) A person in a protected area must not disturb a native animal that is dangerous, venomous or capable of injuring a person. Maximum penalty—40 penalty units. (2) Subsection (1) does not apply to— (a) the following persons performing functions under the Act in relation to the native animal— (i) the chief executive; (ii) a conservation officer, public service officer or other employee of the department acting under the chief executive’s authority; or (b) another person who disturbs a native animal— (i) under a licence, permit or other authority or with the chief executive’s written approval; or (ii) in the course of a lawful activity that was not directed towards the disturbance and the disturbance could not have been reasonably avoided. 88 Noise control (1) A person must not use a generator, compressor or other similar motor in a protected area— (a) unless its use is permitted under a regulatory notice or permit; or (b) in contravention of a regulatory notice or permit. Maximum penalty—50 penalty units.

s 89 87 s 89 Nature Conservation Regulation 1994 (2) A person must not use a radio, tape recorder or other sound or amplifier system in a way that may cause unreasonable disturbance to a person or native animal in a protected area. Maximum penalty—50 penalty units. 89 Direction to leave area (1) A conservation officer may direct a person in a protected area to immediately leave the area, or a part of the area, if— (a) the officer finds the person committing, or attempting to commit, an offence against the Act or this regulation; or (b) the officer suspects on reasonable grounds the person has committed or attempted to commit an offence against the Act or this regulation; or (c) the person is in a restricted access area or a part of the area closed to the public. (2) The person must not again enter the area or part of the area— (a) if the area is a national park (scientific) or restricted access area—unless the person holds a permit to enter the area; or (b) for another protected area—within 24 hours of leaving the area. Maximum penalty—80 penalty units. (3) If a conservation officer reasonably believes circumstances exist that are a danger to a person, or the person’s property, in a protected area, the conservation officer may direct the person to leave the area, or the part of area, where the danger exists. (4) If a conservation officer reasonably believes the presence of a person in a protected area may interfere with an emergency or rescue activity, the conservation officer may direct the person to leave the area, or the part of area, where the activity is taking place. (5) A person must comply with a direction given under this section. Maximum penalty—80 penalty units.

s 89A 88 Nature Conservation Regulation 1994 s 89A (6) If the person fails to comply with the direction, a conservation officer may take the steps that appear to the officer to be reasonable and necessary to secure compliance with the direction, including, for example— (a) using reasonable force; and (b) removing the person’s property to a place outside the protected area or part of the area. 89A Public health and safety (1) The chief executive may erect or display, in a protected area, a regulatory notice stating that a stated act is prohibited if the chief executive believes the prohibition is necessary or desirable to ensure public health and safety. Examples, for subsection (1), of prohibitions that may be necessary or desirable — 1 Prohibiting persons from bringing glass containers into an area where persons are likely to be barefoot, including, for example, a swimming area. 2 Prohibiting persons from diving into a body of water that is used, or likely to be used, by other persons. 3 Prohibiting persons from abseiling or rock climbing in an area if the abseiling or rock climbing is likely to cause rocks to fall into an area used, or likely to be used, by other persons. (2) Public health and safety is ensured when persons are free from death, injury or illness, or risk of death, injury or illness, caused by— (a) the actions of the person or another person; or (b) the state of the environment. (3) A person must comply with a notice mentioned in subsection (1). Maximum penalty—50 penalty units.

s 90 89 s 91 Nature Conservation Regulation 1994 Part 9 General Division 1 General provisions 90 Seizure of particular vehicles or appliances for the protection of cultural or natural resources (1) A conservation officer may seize and remove a vehicle or appliance in a protected area if the officer believes on reasonable grounds— (a) the vehicle or appliance is on the protected area without lawful authority or for use to unlawfully interfere with a cultural or natural resource of the area; or (b) the seizure and removal is for the protection of a cultural or natural resource of a protected area. (2) The vehicle or appliance must be dealt with under chapter 4, part 1. (3) In this section— vehicle includes— (a) a boat, recreational craft and aircraft; and (b) anything attached to or contained in a vehicle. 91 Eradicating or controlling wildlife other than native wildlife (1) The chief executive may give written permission to a person to carry out a controlling activity in a protected area. (2) The permission must state how, where and when the activity may be carried out. (3) The permission may be given on terms the chief executive considers appropriate including, for example, terms about any of the following matters— (a) taking out public liability insurance for the activity; (b) dealing with wildlife taken under the permission; (c) reporting to the chief executive.

s 91AA 90 Nature Conservation Regulation 1994 s 91A (4) Also, to remove any doubt, this regulation does not prevent the chief executive carrying out a controlling activity in a protected area. (5) In this section— controlling activity means an activity the chief executive considers to be reasonable and necessary to significantly reduce the population of, or eradicate, (by killing or otherwise) wildlife that is not native wildlife. 91AA Permitted dog-walking (1) The chief executive may erect or place a regulatory notice at the entrance of a conservation park or resources reserve stating that dog-walking is permitted in the park or reserve. (2) However, the chief executive may erect or place the notice only if the chief executive is satisfied— (a) the conservation park or resources reserve was previously widely used for dog-walking before it was dedicated as a conservation park or resources reserve; and (b) that allowing dogs into the conservation park or resources reserve will not result in— (i) any damage to a cultural resource of the park or reserve; or (ii) a significant adverse effect on a natural resource of the park or reserve. Division 2 Provisions about regulatory notices 91A Application of div 2 This division applies only if a provision of this chapter requires a person to comply with a requirement stated on a regulatory notice for a protected area or part of a protected area.

s 91B 91 Nature Conservation Regulation 1994 s 91D 91B Chief executive may erect or display regulatory notices The chief executive may erect or display a regulatory notice in, or at or near the entrance of, a protected area or part of a protected area to which the notice relates if the requirements under section 91C have been complied with. 91C Requirements in relation to regulatory notice (1) A regulatory notice erected or displayed under section 91B must— (a) state the area to which the notice relates; and (b) be easily visible to passers-by. (2) The notice may also state— (a) the requirements applying to the area to which it relates; and (b) that a contravention of the requirement is an offence against the Act and the penalty for the offence. (3) However, if the regulatory notice does not state the matters mentioned in subsection (2), the chief executive must erect or display an information notice stating the matters in the following places— (a) in, or at or near the entrance of, the protected area, or the part of a protected area, to which the regulatory notice relates; (b) another place the chief executive considers appropriate. (4) An information notice erected or displayed under subsection (3)— (a) must be easily visible to passers-by; and (b) may contain other information about the protected area the chief executive considers appropriate. 91D Erection of regulatory or information notice is evidence of particular matters Evidence that a regulatory notice or information notice was erected or displayed in, or at or near the entrance of, a

s 92 92 s 93 Nature Conservation Regulation 1994 protected area or part of a protected area is evidence the notice was erected or displayed by the chief executive. Chapter 3 Conservation of wildlife and habitat Part 1 Preliminary Division 1 Preliminary 92 Application of ch 3 This chapter applies to wildlife other than wildlife in a protected area. 93 Definitions for ch 3 In this chapter— animal breeding place , of an animal, means a nest, bower, burrow, cave, hollow or other thing that is commonly used by the animal to incubate or rear the animal’s offspring. approved interaction plan , for a species of protected animal, means a plan about interacting with the animal that is approved by the chief executive. commercial purpose see section 94. corporation see Corporations Act, section 57A. 26 exhibition code means the document called ‘Code of practice of the Australasian Regional Association of Zoological Parks and Aquaria—Minimum standards for exhibiting wildlife in 26 Corporations Act, section 57A (Meaning of corporation )

s 93 93 s 93 Nature Conservation Regulation 1994 Queensland’, approved by the chief executive under section 174A 27 of the Act. prescribed criteria , for an exhibit for an animal, means each of the following— (a) the exhibit is, or will be, used to display the animal only for an approved display purpose for the animal; (b) the exhibit is, or will be, located at a place that is appropriate for the approved display purpose; (c) the exhibit is, or will be, of a size and design that will allow the animal to behave in a way reasonably similar to which the animal would behave in the wild in normal environmental conditions; (d) the exhibit is, or will be, located in a place, and is built in a way, that— (i) will allow the animal to experience environmental conditions similar to the conditions the animal would experience in the wild; and (ii) will not expose the animal to excessive noise or vibration or otherwise cause the animal to experience unreasonable stress levels; (e) the exhibit will be at an appropriate temperature and humidity level to ensure the health and wellbeing of the animal is maintained; (f) the exhibit has, or will have, a part that may be used to house the animal for long periods away from the part of the exhibit used to display animals. relevant authority means a licence, permit or other authority granted under this chapter other than— (a) a written authorisation given by the chief executive to a person to— (i) take, keep, use or move an international or 27 Section 174A (Chief executive may make codes of practice) of the Act Note, a copy of the code of practice is open for public inspection, during office hours on business days, at the department’s head office at 160 Ann Street, Brisbane and each regional office of the department (see section 174A(3) of the Act).

s 94 94 s 94 Nature Conservation Regulation 1994 prohibited animal; or (ii) move an animal kept under a licence, permit or other authority to or from a show or display; and (b) a commercial wildlife licence (wildlife interaction); and (c) a wildlife movement permit. reptile and amphibian code means the document called ‘Code of Practice—Captive Reptile and Amphibian Husbandry’, approved by the chief executive under section 174A 28 of the Act. unauthorised interaction see section 95. use — (a) for an animal—does not include the following— (i) process the animal; (ii) move the animal; (iii) for a protected animal in the wild—engage in an unauthorised interaction for the animal; and (b) for a protected plant—does not include move the plant. 94 Meaning of commercial purpose (1) A person does an act for a commercial purpose if the person does the act for gain or reward. (2) Without limiting subsection (1), a person takes, keeps or uses wildlife for a commercial purpose if— (a) the activity for which the wildlife is, or is to be, used— (i) is part of a business; or (ii) is a business, home occupation or home industry under a local law, or a planning scheme under the Integrated Planning Act 1997 ; or 28 Section 174A (Chief executive may make codes of practice) of the Act Note, a copy of the code of practice is open for public inspection, during office hours on business days, at the department’s head office at 160 Ann Street, Brisbane and each regional office of the department (see section 174A(3) of the Act).

s 95 95 s 95 Nature Conservation Regulation 1994 (b) the person buys or sells, or intends to buy or sell, the wildlife and the proceeds from the sale are, or will be, subject to income tax under a law of the Commonwealth; or (c) the person operates under a business or trading name and the business or trade involves buying or selling wildlife of the same species; or (d) the wildlife is brought into the State for the main purpose of selling the wildlife. (3) Also, without limiting subsection (1), a person displays an animal for a commercial purpose if— (a) the animal is displayed— (i) in a public place; and (ii) in a way that another person may reasonably believe the animal is for sale; or (b) the animal is displayed in a way to promote a particular product, service or business name. (4) In this section— public place means— (a) a place, or part of a place, that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or (b) a place, or part of a place, other than a place of residence or part of a place of residence, the occupier of which allows, whether or not on payment of money, members of the public to enter. 95 Meaning of unauthorised interaction Each of the following is an unauthorised interaction for a protected animal in the wild— (a) an interaction with the animal, other than photographing or filming the animal in a way that does not disturb or interfere with the animal, for which a person gains a financial benefit; (b) handling or touching the animal;

s 96 96 s 97 Nature Conservation Regulation 1994 (c) interacting with the animal in a way that will, or may, disturb or interfere with the animal; (d) physically restraining, or placing a physical restraint on, the animal. Division 2 Requirements that apply to all persons taking, keeping or using wildlife under the Act Subdivision 1 Requirements about taking, keeping or using, other than moving, wildlife 96 Use of animals to take protected animals (1) This section applies to a person who is taking a protected animal under the Act. (2) The person must not use a dog or other animal to take the animal. Maximum penalty—120 penalty units. (3) Subsection (2) does not apply if— (a) a conservation plan for the protected animal allows the person to take the protected animal by using a dog or other animal; and (b) the person complies with the conservation plan. 97 Housing and care of live protected animals (1) A person who keeps a live protected animal under the Act must do each of the following— (a) keep the animal in a secure cage or enclosure that prevents the animal’s escape and protects it from predators; (b) supply the animal with shelter, ventilation and enough water and food to maintain the animal’s health and wellbeing;

s 98 97 s 98 Nature Conservation Regulation 1994 (c) provide the animal with enough opportunities for exercise to maintain the animal’s health and wellbeing. Maximum penalty—20 penalty units. (2) If the chief executive reasonably believes the cage or enclosure does not comply with subsection (1)(a), the chief executive may give the person a written notice stating the person must do any of the following— (a) make stated alterations to the cage or enclosure within a stated period; (b) surrender the animal to the chief executive within a stated period; (c) if the person holds a licence, permit or other authority—surrender the person’s licence, permit or authority to the chief executive within a stated period. (3) The person must comply with the notice. Maximum penalty—20 penalty units. 98 Using live protected animals that are not self-sufficient (1) This section applies if— (a) a person keeps, or intends to keep, a live protected animal under the Act; and (b) the animal— (i) can not feed itself; or (ii) is a bird that is too young to fly; or (iii) is a mammal that has not been weaned; or (iv) has visible signs of illness or injury. (2) The person must not buy or accept, sell or give away, send or move the animal unless the person has written approval from the chief executive to buy, accept, sell, give away, send or move the animal. Maximum penalty—20 penalty units. (3) Subsection (2) does not apply to— (a) a sick, injured or orphaned animal sent or moved to or

s 99 98 s 99 Nature Conservation Regulation 1994 from a veterinary surgeon for treatment or care; or (b) an animal that is, or is to be, sent or moved with its mother; or (c) a captive bred bird or a bird’s egg that is, or is to be, sent or moved from a holder of a relevant authority for the bird to another holder of a relevant authority for the bird, for— (i) for a captive bred bird—hand raising the bird; or (ii) for a bird’s egg—artificial incubation or foster parent incubation of the egg. (4) In this section— relevant authority , for a bird, means a licence, permit or other authority allowing the holder of the authority to keep the bird. 99 Procedure if wildlife stolen (1) This section applies if— (a) a person keeps wildlife under the Act; and (b) the wildlife is stolen. (2) The person must— (a) immediately report the theft to— (i) a police officer; and (ii) a departmental conservation officer; and (b) if the person is given a copy of a police report about the theft— (i) keep the copy for the period required under section 473; 29 and (ii) if asked by a departmental conservation officer—produce the copy for inspection by the officer. Maximum penalty—20 penalty units. (3) Also, if the person keeps a record book under the Act for the 29 Section 473 (Period for which particular documents must be kept)

s 100 99 Nature Conservation Regulation 1994 s 100 wildlife, the person must record the particulars of the theft in the record book. Maximum penalty—20 penalty units. (4) In this section— departmental conservation officer mean a conservation officer who is an employee of the department. record book includes a record and return book. Subdivision 2 Requirements about moving animals in containers 100 Requirement about containers used to move live protected animals generally (1) This section applies if— (a) a person who keeps a live protected animal under the Act sells or gives the animal to another person; and (b) either— (i) the person (the sender ) intends to send the animal in a container to the person who bought or accepted the animal; or (ii) the person, or the person who bought or accepted the animal, (the mover ) intends to move the animal in a container. (2) The sender or mover must ensure the container in which the animal is sent or moved— (a) will keep the animal stable under ordinary transportation conditions; and (b) will prevent the animal’s escape; and (c) will protect the animal from predators; and (d) is locked or otherwise secured. Maximum penalty—20 penalty units.

s 101 100 Nature Conservation Regulation 1994 s 102 101 Requirement about labels for containers used to send protected animals (1) This section applies if— (a) a person who keeps a live protected animal under the Act sells or gives the animal to another person, other than a veterinary surgeon for treatment or care of the animal; and (b) the person intends to send the animal in a container. (2) The person must attach to the container a written statement including the following information— (a) the following details for the person who sent the animal and the person to whom the animal is sent— (i) name and address; (ii) if the person holds a licence, permit or other authority granted under the Act—the number of the licence, permit or authority; (b) the animal’s common name or, if the animal does not have a common name, the animal’s scientific name; (c) if there is more than 1 animal in the container—how many animals are in the container; (d) if the animal is dangerous or venomous—that the animal is dangerous or venomous. Maximum penalty—20 penalty units. Subdivision 3 Provisions about movement advices 102 Requirements for movement advice (1) This section states the requirements for a movement advice required, under the Act, to be filled in for the movement of wildlife. (2) The movement advice must be—

s 103 101 Nature Conservation Regulation 1994 s 105 (a) in the approved form; and (b) filled in before the movement happens. 103 Only 1 movement under movement advice A person must make only 1 movement under a movement advice. Maximum penalty—50 penalty units. 104 Dealing with movement advice (1) This section applies if a movement advice must be filled in for the movement of wildlife. (2) The person who filled in the movement advice must— (a) ensure parts 2 and 3 of the advice are— (i) attached to the wildlife to which the advice relates or the container in which the wildlife is being moved; or (ii) otherwise in the possession of the person moving the wildlife to which the advice relates; and (b) give part 1 of the advice to the chief executive within 7 days after the movement happens. Maximum penalty—50 penalty units. (3) Also, the person to whom the wildlife for which the movement advice has been filled in is moved must give part 3 of the advice to the chief executive within 7 days after the person receives the wildlife. Maximum penalty—50 penalty units. 105 Requirement to keep and produce movement advice (1) This section applies if a movement advice must be filled in for the movement of wildlife.

s 106 102 Nature Conservation Regulation 1994 s 106 (2) The following persons are required to keep a copy of the movement advice in a secure place, for the period required under section 473 30 — (a) if the movement is for a sale or giving away of wildlife—the person who sold or gave away the wildlife and the person who bought or accepted the wildlife; (b) otherwise—the person who filled in the movement advice. Maximum penalty—50 penalty units. (3) If a conservation officer asks to inspect the advice, the person must, unless the person has a reasonable excuse, make the advice available for inspection by the officer. Maximum penalty—50 penalty units. 106 Interfering with movement advice (1) A person must not interfere with a movement advice that has been filled in for a movement of wildlife. Maximum penalty—50 penalty units. (2) Subsection (1) does not apply to a person who— (a) removes part 1 of the advice to give it to the chief executive; or (b) removes part 2 or part 3 of the advice to— (i) give it to the person moving the wildlife to which the advice relates; or (ii) attach it to the wildlife to which the advice relates, or the container in which the wildlife is being moved. (3) In this section— interfere with , a movement advice, includes— (a) destroying the advice; and 30 Section 473 (Period for which particular documents must be kept)

s 107 103 Nature Conservation Regulation 1994 s 107 (b) removing a part of the advice; and (c) covering, erasing or modifying an entry on the advice. Subdivision 4 Identification and information requirement 107 Identification requirement for buying or selling protected, international or prohibited wildlife (1) A person who sells or gives away protected, international or prohibited wildlife under the Act must— (a) before parting with possession of the wildlife— (i) obtain from the person to whom the wildlife is sold or given (the buyer ) verification of the buyer’s identity; and (ii) if the buyer is acting under a relevant authority—inspect the authority or a copy of the authority; and (b) keep a record of the following for the period required under section 473 31 — (i) the name and address of the buyer; (ii) the source of the identification used to verify the identity of the buyer, including the particulars of the type of document produced and any identifying features of the document, including, for example, the number of the document; (iii) if the buyer is acting under a relevant authority—the number of the authority. Maximum penalty—80 penalty units. (2) A person who buys or accepts protected, international or prohibited wildlife under the Act must— (a) on receipt of the wildlife— (i) obtain from the person from whom the wildlife is 31 Section 473 (Period for which particular documents must be kept)

s 108 104 Nature Conservation Regulation 1994 s 108 bought or accepted (the seller ) verification of the seller’s identity; and (ii) if the seller is acting under a relevant authority—inspect the authority or a copy of the authority; and (b) keep a record of the following for the period required under section 473 32 — (i) the name and address of the seller; (ii) the source of the identification used to verify the identity of the seller, including the particulars of the type of document produced and any identifying features of the document, including, for example, the number of the document; (iii) if the seller is acting under a relevant authority—the number of the authority. Maximum penalty—80 penalty units. Division 3 Provisions that apply to all licences, permits and other authorities Subdivision 1 Restrictions on grant for all relevant authorities 108 Who may obtain relevant authority (1) The chief executive may grant a relevant authority to a person. (2) However, the chief executive can not grant a licence, permit or other authority to an individual younger than— (a) for a licence, permit or authority for an animal— (i) for a recreational wildlife licence, commercial wildlife harvesting licence, recreational wildlife harvesting licence, or a permit—13 years; or 32 Section 473 (Period for which particular documents must be kept)

s 109 105 Nature Conservation Regulation 1994 s 110 (ii) for another licence or authority—18 years; and (b) for a licence, permit or authority for protected plants— (i) for a recreational wildlife licence or recreational wildlife harvesting licence—13 years; or (ii) for another licence, permit or authority—18 years. (3) In this section— relevant authority includes a commercial wildlife licence (wildlife interaction) and a wildlife movement permit. 109 Relevant authority must be consistent with purpose of Act (1) The chief executive may grant a relevant authority for wildlife only if the chief executive is satisfied— (a) the activities to be carried out under the authority are not likely to adversely affect the ecological sustainability of any wildlife; and (b) if the authority is for wildlife that has been taken, kept or used before the authority is granted—the wildlife has been lawfully taken, kept or used. (2) In this section— relevant authority includes a commercial wildlife licence (wildlife interaction) and a wildlife movement permit. 109A Relevant authority must not be granted if conservation plan restricts the grant The chief executive can not grant a relevant authority for wildlife to a person if a conservation plan for the wildlife states that the chief executive can not grant the authority to the person or to any person. 110 Relevant authority must not allow taking protected animal by using regulated substance (1) The chief executive can not grant a relevant authority that authorises a person to take a protected animal by using a regulated substance if—

s 111 106 Nature Conservation Regulation 1994 s 113 (a) the use of the substance on the animal is prohibited under an Act; or (b) if an Act requires a person using the regulated substance on the animal to hold a particular authority—the person does not hold the authority. (2) In this section— regulated substance means a substance, including, for example a poison or other toxic substance, the use of which is regulated under an Act. 111 Relevant authority must be for only 1 licensed premises or mobile facility (1) The chief executive may grant a relevant authority for an animal for only 1 licensed premises. (2) Also, the chief executive may grant a commercial wildlife licence (mobile) for only 1 mobile facility. 112 Maximum term for licences (1) The chief executive can not grant a licence for longer than the following term— (a) for a commercial wildlife licence (wildlife interaction), commercial wildlife harvesting licence or recreational wildlife harvesting licence—1 year; (b) for a commercial wildlife licence, commercial wildlife licence (mobile), wildlife demonstrator licence, wildlife exhibitor licence or wildlife farming licence—3 years; (c) for a recreational wildlife licence, museum licence or herbarium licence—5 years. (2) This section is subject to any conservation plan that provides a licence can only be granted for a shorter term. 113 Maximum term for permits (1) The chief executive can not grant a permit for longer than the following term— (a) for a damage mitigation permit—

s 113 107 Nature Conservation Regulation 1994 s 113 (i) if the applicant is operating under an approved property management plan—3 years; or (ii) otherwise—6 months; (b) for an educational purposes permit—5 years; (c) for a permit to keep protected wildlife—3 years; (d) for a rehabilitation permit— (i) if the applicant is an individual—6 months; or (ii) if the applicant is a corporation—3 years; (e) for a scientific purposes permit—5 years; (f) for a commercial whale watching permit—6 years; (g) for a clearing permit—6 months; (h) for a wildlife movement permit—2 months. (2) However, despite subsection (1)(c), the chief executive may grant a permit to keep protected wildlife for the life of a protected animal kept under the permit if— (a) the animal is injured and was taken under a rehabilitation permit; and (b) the chief executive reasonably believes the animal will not, or is unlikely to, survive in the wild, including, for example, because of the nature of the animal’s sickness or injury. (3) This section is subject to any conservation plan that provides the permit can only be granted for a shorter term. 33 (4) In this section— approved property management plan , for a damage mitigation permit, means a plan that— (a) is about the management of the land on which the licensed premises for the permit is located; and (b) provides for the conservation of wildlife on the land; 33 See the Nature Conservation (Problem Crocodiles) Conservation Plan 1995 , section 7 (Who may take crocodile).

s 114 108 Nature Conservation Regulation 1994 s 116 and (c) is approved by the chief executive. 114 Maximum term for Aboriginal tradition or Island custom authorities The chief executive can not grant an Aboriginal tradition or Island custom authority for a term of longer than 1 year. 115 Maximum term for collection authorities The chief executive can not grant a collection authority for a term of longer than— (a) for a collection authority to keep a collection of dead protected wildlife—5 years; or (b) for a collection authority to take and keep least concern wildlife—6 months. Subdivision 2 Provisions about things authorised by all relevant authorities 115A Conservation plan may limit or extend things authorised by relevant authority (1) A provision of this regulation stating what a holder, or a relevant person for a holder, of a relevant authority for wildlife may or may not do under the authority is subject to any provision of a conservation plan for the wildlife about what the holder or relevant person may or may not do under the authority. (2) This section does not apply to a provision of this regulation, or a conservation plan, that creates an offence. 116 Particular relevant authorities for animals limited to only live or dead species (1) This section applies if— (a) a relevant authority is for—

s 117 109 Nature Conservation Regulation 1994 s 117 (i) only a live animal of a particular species; or (ii) only a dead animal of a particular species; and (b) the authority authorises the holder, or a relevant person for the holder, of the authority to take, keep, use, process or move the species of animal identified on the authority. (2) The holder or relevant person may only take, keep, use, process or move— (a) for a relevant authority for only a live animal of a particular species—a live animal of the species identified on the authority; and (b) for a relevant authority for only a dead animal of a particular species—a dead animal of the species identified on the authority. (3) In this section— relevant authority includes a commercial wildlife licence (wildlife interaction) and a wildlife movement permit. 117 Limitation for relevant authorities for taking animal by killing the animal (1) This section applies if— (a) a relevant authority authorises the holder, or a relevant person for the holder, of the authority to— (i) take an animal of a species identified on the authority only by killing the animal; and (ii) keep, use, process or move an animal of a species identified on the authority; and (b) the authority does not state whether it is for a live or dead animal of the species. (2) The holder or relevant person may— (a) take only a live animal of the species identified on the authority by killing the animal; and (b) keep, use, process or move only a dead animal of the species identified on the authority.

s 118 110 Nature Conservation Regulation 1994 s 118A 118 Relevant authorities for protected plants limited to species identified on authority (1) This section applies if— (a) a relevant authority allows the holder, or relevant person for the holder, of the authority to take or use protected plants; and (b) states— (i) the particular species of protected plants to which it applies; or (ii) that the authority applies only to whole protected plants of a species identified on the licence; or (iii) that the authority applies only to protected plant parts of a species identified on the licence. (2) The holder or relevant person may take or use only— (a) if the authority states the species of protected plant to which it applies—protected plants of a species identified on the authority; and (b) if the authority states the authority applies only to whole protected plants of a species identified on the licence—whole protected plants of the species identified on the authority; and (c) if the authority states the authority applies only to protected plant parts of a species identified on the licence—protected plant parts of the species identified on the authority. 118A Relevant authority only authorises keeping, using and moving of lawfully obtained wildlife (1) A holder, or a relevant person for the holder, of a relevant authority may only keep, use or move wildlife under the authority if the wildlife was lawfully obtained by the holder or a relevant person for the holder. Notes — Under section 88(5) of the Act, it is an offence for a person, other than an authorised person, to keep or use a protected animal, or a descendant of a protected animal, that has not been lawfully taken unless the

s 119 111 Nature Conservation Regulation 1994 s 119 keeping or use is authorised under the Act. Under section 88B of the Act, it is an offence for a person, other than an authorised person, to keep or use native wildlife that the person ought to have reasonably suspected was not lawfully taken unless the State has, under the Act, disposed of the native wildlife to the person. Under section 89(4) of the Act, it is an offence for a person to keep or use a protected plant that has been taken in contravention of section 89(1) of the Act. 34 (2) In this section— relevant authority includes a commercial wildlife licence (wildlife interaction) and a wildlife movement permit. 119 Meaning of number on relevant authority (1) This section applies if— (a) a relevant authority allows a person to take, keep, use, process or move wildlife; and (b) the authority has a number written opposite a species of wildlife for which the authority is granted. (2) Unless otherwise stated on the authority, a person may take, keep, use, process or move, for the duration of the authority, only the number of wildlife of the species stated opposite the species. Examples for subsection (2) — 1 A commercial wildlife harvesting licence authorises a person to take, keep or use particular animals and the licence has the following written on it without any explanation about the meaning of the numbers • carpet python—5 • spotted python—2 The person may only take, keep or use, under the licence, 5 carpet pythons and 2 spotted pythons for the whole duration of the licence. 34 See also— • part 5 (Wildlife and habitat conservation), divisions 4 (Restrictions on activities relating to protected wildlife) and 6 (Specific restriction on activities relating to native wildlife) of the Act generally • sections 133 (Persons to whom holders may sell or give wildlife) and 134 (Persons from whom holders may buy or accept wildlife).

s 120 112 Nature Conservation Regulation 1994 s 120 2 A rehabilitation permit authorises a person to take, keep or use particular animals and the licence has the following written on it and states that the number indicates the number of animals that may be taken, kept or used at any given time— • bar-shouldered dove—3 • emerald dove—5 The person may take, keep or use, under the permit, 3 bar-shouldered doves or 5 emerald doves at any given time while the permit is in force. (3) In this section— relevant authority includes a commercial wildlife licence (wildlife interaction) and a wildlife movement permit. 120 Particular holders may engage in unauthorised interaction for protected animals (1) This section applies to a holder, or relevant person for the holder, of any of the following relevant authorities— (a) a commercial whale watching permit; (b) a relevant authority that allows the holder, or relevant person for the holder, of the authority to take an animal under the authority. (2) The holder or relevant person may, without a commercial wildlife licence (wildlife interaction), engage in an unauthorised interaction for the relevant protected animal in the wild, if the interaction is part of an activity carried out under the authority. 35 (3) In this section— relevant protected animal means— (a) for a commercial whale watching permit—a protected whale; or (b) for another relevant authority—an animal of a species identified on the authority. 35 See also section 239 (Holder may engage in unauthorised interaction in particular circumstances).

s 121 113 Nature Conservation Regulation 1994 s 121 121 Holders of particular relevant authorities for animals may move animal to place of keeping (1) This section applies to a holder, or relevant person for the holder, of a relevant authority that authorises the holder or relevant person to take an animal under the authority, if the licensed premises for the authority is in the State or another State. (2) The holder or relevant person may, without a wildlife movement permit, move the animal from the place where the animal was taken to— (a) the licensed premises; or (b) another authorised premises for the animal that is in the State or another State. (3) Also, a holder, or relevant person for the holder, of a commercial wildlife harvesting licence or recreational wildlife harvesting licence may, without a wildlife movement permit, move the animal— (a) from the place where the animal was taken to another place where the holder intends to take other animals under the licence; and (b) from the place, mentioned in paragraph (a), where the holder intends to take other animals under the licence to— (i) the licensed premises; or (ii) another authorised premises for the animal that is in the State or another State. (4) However, for subsections (2) and (3), if the authorised premises are in another State, the holder must fill in a movement advice that complies with section 102 36 for the movement. Maximum penalty—50 penalty units. (5) Subsection (2) authorises a holder of a rehabilitation permit, 36 Section 102 (Requirements for movement advice) See also, division 2, subdivision 3 (Provisions about movement advices) generally for other requirements about movement advices.

s 122 114 Nature Conservation Regulation 1994 s 122 or a relevant person for the holder, to move an animal into the State only if the chief executive has written on the permit that the holder or relevant person may bring an animal taken in another State into the State for keeping it in the State. (6) Further, this section does not authorise the movement of a prescribed protected animal into another State if the movement is, whether directly or indirectly, associated with— (a) moving the animal to another country; or (b) selling, giving or moving the animal to a person in another country. 122 Holder of relevant authority for animals may move animals to authorised buyers (1) This section applies to a holder of a relevant authority who, under the authority, sells or gives a live protected, international or prohibited animal or dead protected or international animal to an authorised buyer for the animal. (2) The holder or authorised buyer may, without a wildlife movement permit, move the animal from the place where the holder keeps the animal to the place where the authorised buyer intends to keep the animal. (3) However, the holder must fill in a movement advice that complies with section 102 for the movement. 37 Maximum penalty—50 penalty units. (4) Subsection (3) does not apply to— (a) the movement of a controlled animal to a person intending to keep the animal under section 150; 38 or (b) the movement of a protected fish to a person intending to keep the fish under section 154; 39 or (c) the movement of a protected scorpion or spider to a 37 Section 102 (Requirements for movement advice) See also division 2, subdivision 3 (Provisions about movement advices) generally for other requirements about movement advices. 38 Section 150 (Exemption for controlled animals—keeping or using) 39 Section 154 (Exemption for particular protected fish for recreational purpose)

s 123 115 Nature Conservation Regulation 1994 s 123 person intending to keep the scorpion or fish under section 155. 40 (5) This section does not apply to a live special native animal. (6) Also, this section does not authorise the movement of a prescribed protected animal— (a) to another country; or (b) into another State if the movement is, whether directly or indirectly, associated with— (i) moving the animal to another country; or (ii) selling, giving or moving the animal to a person in another country. 123 Holder of relevant authority for animals may move animals from interstate sellers (1) This section applies if— (a) the holder of a relevant authority, or a relevant person for the holder, buys or accepts, under the authority, an animal from an authorised interstate seller for the animal; and (b) the licensed premises for the authority is in the State or another State. (2) The holder, relevant person or seller may, without a wildlife movement permit, move the animal from the place where the seller keeps the animal to— (a) the licensed premises for the relevant authority; or (b) another authorised premises for the animal that is in the State or another State. (3) However, the holder or relevant person must fill in a movement advice for the movement before the movement happens. Maximum penalty—50 penalty units. (4) This section does not apply to— 40 Section 155 (Exemption for protected scorpions or spiders for recreational purpose)

s 124 116 Nature Conservation Regulation 1994 s 125 (a) a live special native animal; or (b) a dead crocodile or emu. (5) Also, this section does not authorise the movement of a prescribed protected animal into another State if the movement is, whether directly or indirectly, associated with— (a) moving the animal to another country; or (b) selling, giving or moving the animal to a person in another country. 124 Holder of relevant authority for animals may move animal for private reasons A person who keeps an animal under a relevant authority may, without a wildlife movement permit, move the animal— (a) on the land on which the authorised premises for the animal are located; or (b) if the animal is kept at the holder’s place of business and the holder is moving to a new place of business within the State—to the new place of business; or (c) if the animal is kept at the holder’s place of residence and the holder is moving to a new place of residence within the State—to the new place of residence. 125 Holder of relevant authority for animals may move live animal to and from veterinary surgeon (1) The holder of a relevant authority, or a relevant person for the holder, who keeps a live animal in the State under the authority may, without a wildlife movement permit, move the animal— (a) from the place where the animal is being kept (the place of keeping ) to the premises of a veterinary surgeon for treatment or care for the animal; or (b) from the premises of a veterinary surgeon who treated or cared for the animal to the place of keeping. (2) However, if the premises of the veterinary surgeon is outside the State, subsection (1)(a) applies only if the holder or

s 126 117 Nature Conservation Regulation 1994 s 126 relevant person ensures the animal is moved back to the place of keeping as soon as practicable after the treatment or care is given. (3) Subsection (2) does not apply if the animal dies. 126 Holder of particular licences may move animal to or from display (1) This section applies to the holder of any of the following licences, or a relevant person for the holder, who keeps a live protected, international or prohibited animal in the State under the licence— (a) wildlife demonstrator licence; (b) wildlife exhibitor licence; (c) wildlife farming licence; (d) museum licence. (2) The holder or relevant person may, without a wildlife movement permit, move the animal— (a) from the licensed premises for the licence to a place in the State or another State where the animal is to be displayed under the licence; or (b) from a place in the State or another State where the animal was displayed under the licence to another place in the State or another State where the animal is to be displayed under the licence; or (c) from a place in the State or another State where the animal was displayed under the licence to the licensed premises for the licence. (3) However, subsection (2) applies only if the holder or relevant person ensures the animal is moved back to the licensed premises for the licence as soon as practicable after the animal stops being displayed under the licence.

s 127 118 Nature Conservation Regulation 1994 s 128 (4) Also, if the movement is into or out of the State, the holder or relevant person must fill in a movement advice that complies with section 102 41 for the movement. Maximum penalty for subsection (4)—50 penalty units. 127 Holder of relevant authority for whole protected plants may move plants (1) A holder of a relevant authority for whole protected plants may, without a wildlife movement permit, move a whole protected plant within, into or out of the State. 42 (2) However, if the holder moves the plant into or out of the State, the holder must fill in a movement advice that complies with section 102 43 for the movement. Maximum penalty for subsection (2)—50 penalty units. 128 Holder of relevant authority for protected plant parts may move plant parts (1) A holder of a relevant authority for protected plant parts may, without a wildlife movement permit, move a protected plant part within, into or out of the State. (2) However, a plant part may be moved into the State only if— (a) the plant part is packed and tagged in a way that complies with any applicable law of the State from which it is being moved; and 41 Section 102 (Requirements for movement advice) See also division 2, subdivision 3 (Provisions about movement advices) generally for other requirements about movement advice. 42 See the Nature Conservation (Protected Plants) Conservation Plan 2000 , section 19 (Taking whole plants in the wild) for requirements for a person who takes a whole protected plant in the wild under a commercial wildlife harvesting licence. 43 Section 102 (Requirements for movement advice) See also division 2, subdivision 3 (Provisions about movement advices) generally for other requirements about movement advice.

s 129 119 Nature Conservation Regulation 1994 s 129 (b) the movement is authorised under any applicable law of the State from which it is being moved. 44 (3) Also, if the holder moves a plant part into or out of the State for a bioprospecting activity, the holder must fill in a movement advice that complies with section 102 45 for the movement. Maximum penalty for subsection (3)—50 penalty units. Subdivision 3 Carrying out activities under any licence, permit or other authority 129 Relevant authority and identification must be carried (1) This section applies to a person who is taking or using wildlife under a relevant authority. (2) The person must, while taking or using the wildlife— (a) if the person is the holder of the authority—carry the authority or a copy of the authority; or (b) if the person is not a holder of the authority—carry— (i) a copy of the authority endorsed by the holder of the authority with the person’s name and residential address; and (ii) a form of identification that shows a recent colour photograph of the person. Maximum penalty—50 penalty units. (3) In this section— relevant authority includes a commercial wildlife licence (wildlife interaction) and a wildlife movement permit. 44 See also the Nature Conservation (Protected Plants) Conservation Plan 2000 , section 23 (Taking protected plant parts in the wild). 45 Section 102 (Requirements for movement advice) See also division 2, subdivision 3 (Provisions about movement advices) generally for other requirements about movement advice.

s 130 120 Nature Conservation Regulation 1994 s 132 130 Particular persons must produce identification (1) This section applies to a person who is required to carry a form of identification that shows a colour photograph of the person under section 129. (2) If asked by a conservation officer, the person must, unless the person has a reasonable excuse, produce the identification for inspection by the officer. Maximum penalty—20 penalty units. 131 Display of relevant authority if animal displayed at particular places (1) This section applies to a person who is displaying an animal under a relevant authority at a place other than the licensed premises for the authority. (2) The person must display the authority or a copy of the authority at the place where the animal is being displayed. Maximum penalty—50 penalty units. (3) However, if the authority or copy states the address of a person’s place of residence on the authority or copy, the person may cover the address while the authority or copy is being displayed. 132 Compliance with chief executive’s directions about sampling or implanting (1) The chief executive may give a holder of a relevant authority who keeps a live protected, international or prohibited animal under the authority, a written notice requiring the holder to— (a) take a biological tissue sample of the animal, or its offspring, and give the sample to an approved scientific institution; or (b) insert an approved electromagnetic implant into the animal, or its offspring, and give the chief executive a written notice stating the identification code for the implant. (2) The notice must state the period, of at least 28 days, within which the holder must comply with the notice.

s 133 121 Nature Conservation Regulation 1994 s 133 (3) The holder, or a relevant person for the holder, must comply with the notice within the period stated on the notice. Maximum penalty for subsection (3)—165 penalty units. 133 Persons to whom holders may sell or give wildlife (1) This section applies if— (a) a person keeps wildlife under a relevant authority; and (b) the authority authorises the holder of the authority, or a relevant person for the holder, to sell or give away the wildlife. (2) The holder, or a relevant person for the holder, of the authority must not sell or give the wildlife to a person other than— (a) for a commercial wildlife harvesting licence— (i) if a conservation plan states the holder of the licence may only sell or give the wildlife to a particular person—the particular person; or (ii) otherwise—a holder of a commercial wildlife licence for the wildlife unless the holder has written approval from the chief executive for selling or giving away the wildlife to another person; or (b) for another licence—a person who is authorised to buy or accept the wildlife under the Act or a law of another State. Maximum penalty—120 penalty units. (3) Also, the holder or relevant person must not sell or give a prescribed protected animal to an authorised buyer for the animal if— (a) the holder or relevant person knows, or ought reasonably to know, the authorised buyer intends to, whether from the State or another State— (a) move the animal to another country; or (b) sell, give or move the animal to— (i) a person in another country; or

s 134 122 Nature Conservation Regulation 1994 s 135 (ii) a person who intends to move the animal to another country; and (b) an export agreement with the State has not been entered into for the animal. Maximum penalty—120 penalty units. 134 Persons from whom holders may buy or accept wildlife (1) This section applies if a relevant authority for wildlife allows the holder, or relevant person for the holder, of the authority to— (a) buy or accept the wildlife; and (b) keep the wildlife. (2) The holder, or a relevant person for the holder, of the authority must not buy or accept the wildlife from a person other than a person who is authorised to sell or give away the wildlife under the Act or a law of another State. 46 Maximum penalty—120 penalty units. 135 Dealing with animals after death—sampled or implanted animals (1) This section applies if— (a) a holder, or relevant person for the holder, of a relevant authority keeps a live animal under the authority; and (b) either— (i) a biological tissue sample was taken from the animal and given to an approved scientific institution; or (ii) an approved electromagnetic implant was inserted into the animal and the chief executive was given a written notice stating the identification code for the implant; and 46 For the holder, or a relevant person for the holder, of a commercial wildlife licence, or a commercial wildlife licence (mobile), for dead macropods, see also the Nature Conservation (Macropod) Conservation Plan 2005 .

s 136 123 Nature Conservation Regulation 1994 s 136 (c) the animal dies. (2) The holder must ensure either— (a) within 14 days after the animal dies, an autopsy is performed on the animal by a veterinary surgeon and the chief executive is given the following— (i) a biological tissue sample taken from the animal under the autopsy; (ii) if an electromagnetic implant was inserted into the animal—the implant; (iii) if an electromagnetic implant was inserted into the animal and the veterinary surgeon finds the implant was not working—a written report prepared by the veterinary surgeon stating the reason why the implant was not working; or (b) the animal is frozen immediately after it dies and the frozen animal is given to the chief executive within 14 days after the animal dies. Maximum penalty—120 penalty units. (3) A holder dealing with an animal under this section may, without a wildlife movement permit, move the animal— (a) if the holder intends to have a veterinary surgeon perform an autopsy on the animal—from the place where the holder kept the animal to the premises of the veterinary surgeon; and (b) if the holder intends to give the frozen animal to the chief executive—from the place where the holder kept the animal to the chief executive. 136 Dealing with animals after death—other animals (1) This section applies if— (a) a holder, or a relevant person for a holder, of a relevant authority keeps a live animal under the authority; and (b) the animal dies; and (c) the authority does not authorise the holder or relevant person to sell or give away a dead animal of the same

s 136 124 Nature Conservation Regulation 1994 s 136 species; and (d) section 135 does not apply. (2) The holder or relevant person may deal with the animal only in 1 of the following ways— (a) by selling or giving the animal to a holder, or a relevant person for the holder, of a commercial wildlife licence or museum licence for the dead animal; (b) by giving the animal to a holder, or a relevant person for the holder, of a commercial wildlife licence for the dead animal for processing and reclaiming the animal after it is processed; (c) by incinerating or burying the animal; (d) if the relevant authority is a recreational wildlife harvesting licence and the licence authorises the holder or relevant person to process the animal—by processing the animal. Maximum penalty—50 penalty units. (3) A holder dealing with an animal under this section may, without a wildlife movement permit, move the animal— (a) if the animal is sold or given to a holder of a commercial wildlife licence or a museum licence for the dead animal—to the licensed premises for the licence; (b) if the animal is to be buried or incinerated—to the place where the animal is to be buried or incinerated. (4) However, if the holder sells or gives the animal to a person who holds a commercial wildlife licence or museum licence, the holder must fill in a movement advice that complies with section 102 47 for the movement. Maximum penalty—50 penalty units. 47 Section 102 (Requirements for movement advice) See also division 2, subdivision 3 ( Provisions about movement advices) generally for other requirements about movement advice.

s 137 125 Nature Conservation Regulation 1994 s 138 137 Assistance to conservation officers (1) A holder, or relevant person for the holder, of a relevant authority for protected, international or prohibited wildlife must— (a) allow a conservation officer to access and inspect the wildlife at any reasonable time; and (b) if asked by the conservation officer—give the officer all necessary help to enable the officer to do any of the following— (i) photograph the wildlife; (ii) if the wildlife is a live animal— (A) obtain or check the animal’s biological tissue sample; or (B) if an electromagnetic implant has been inserted into the animal—identify the identification code for the implant; or (C) insert an electromagnetic implant into the animal; Maximum penalty—165 penalty units. (2) In this section— relevant authority includes a commercial wildlife licence (wildlife interaction) and a wildlife movement permit. Subdivision 4 Provisions about form of authorities 138 Relevant authority must identify wildlife (1) The chief executive must ensure the wildlife for which a relevant authority is granted is identified on the authority. (2) However, subsection (1) does not apply to an authority granted for taking or using all wildlife in an area that is, or is about to be, lawfully destroyed. (3) For subsection (1), if a relevant authority relates to more than 1 species of wildlife, the wildlife may be identified on the authority by—

s 139 126 Nature Conservation Regulation 1994 s 139 (a) stating each species of wildlife on the authority; or (b) stating a taxon of wildlife on the authority; or (c) stating that the authority applies to each animal or plant of a species mentioned in a schedule of this regulation or the Nature Conservation (Wildlife) Regulation 1994 ; or (d) stating the name of a harvest period notice on the authority; or (e) describing, in plain English, the species of wildlife on the authority. (4) For subsection (3)(d), stating the name of a harvest period notice on the authority identifies all the species of wildlife stated in the harvest period notice. (5) In this section— relevant authority includes a commercial wildlife licence (wildlife interaction) and a wildlife movement permit. 139 Places and mobile facility identification must be stated on relevant authority (1) The chief executive must state the following on a relevant authority— (a) the place that is the licensed premises for the authority; (b) if the authority is a commercial wildlife licence (mobile)—the registration number for the mobile facility for which the licence is granted; (c) if the authority authorises the holder to take wildlife—the place from where the wildlife may be taken. (2) Also, the chief executive must state on a wildlife movement permit the place from and to where wildlife may be moved under the permit. (3) If the holder of the relevant authority decides to move from the licensed premises to a new place that is to be the new licensed premises, the holder must apply to the chief

s 140 127 Nature Conservation Regulation 1994 s 142 executive for an amendment of the authority to reflect the change. 48 Maximum penalty for subsection (3)—10 penalty units. 140 Corporation relevant authority must state who is manager (1) If the chief executive grants a relevant authority to a corporation, the chief executive must state on the authority— (a) for a rehabilitation permit granted to an incorporated association—the name of the person in charge of the activity to be carried out under the permit; or (b) for another relevant authority—the name of the person in charge of the licensed premises for the authority. (2) If there is a change in the person in charge of the activity or place, the corporation must apply to the chief executive for an amendment of the authority to reflect the change. 49 Maximum penalty for subsection (2)—10 penalty units. 141 Aboriginal tradition or Island custom authorities must list authorised individuals (1) The chief executive must state, on an Aboriginal tradition or Island custom authority, the names of individuals who may take wildlife under the authority. (2) The individuals may only be individuals named by the corporation in the application for the authority. 142 Term of authority must be stated (1) The chief executive must state on a relevant authority— (a) the day the authority starts; and (b) the term of the authority. 48 See sections 13 (Amendment of licences on application) and 474 (Requirement to notify chief executive of particular matters). 49 See section 13 (Amendment of licences on application).

s 143 128 Nature Conservation Regulation 1994 s 143 (2) In this section— relevant authority includes a commercial wildlife licence (wildlife interaction) and a wildlife movement permit. Part 2 Exemptions for taking, keeping, using or moving protected animals Division 1 Purpose and operation of part 143 Purpose and operation of pt 2 (1) The purpose of this part is to provide exemptions for offences for taking, keeping or using protected animals under section 88 50 of the Act. (2) The Justices Act 1886 , section 76, 51 applies to each exemption in this part. (3) This section does not limit another provision of this regulation that creates an exemption to which the Justices Act 1886 , section 76, applies. 50 Section 88 (Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal) of the Act 51 Justices Act 1886 , section 76 (Proof of negative etc.)

s 144 129 Nature Conservation Regulation 1994 s 144A Division 2 Exemptions for taking, keeping, using and moving animals Subdivision 1 General exemptions 144 Exemption for chief executive (1) The chief executive may take, keep and use a protected animal, without a relevant authority for taking, keeping or using the animal, if— (a) the animal is taken, kept or used for— (i) the protection of humans, wildlife or habitat; or (ii) captive breeding; or (iii) scientific research about the conservation or ecology of the animal; or (b) another person has surrendered the animal to the chief executive and the chief executive reasonably believes the animal will not, or is unlikely to, survive in the wild, including, for example, because of the nature of the animal’s sickness or injury. 52 (2) Also, the chief executive may move an animal taken under subsection (1) from the place where the animal was taken to the place where the chief executive intends to keep or use the animal. 144A Exemption for authorised keeper in another State A person who is an authorised keeper in another State for an animal of a species that is a protected animal may, without a wildlife authority— (a) buy or accept an animal of the species from a person authorised to sell or give away the animal under the Act; 52 See also, the Nature Conservation (Dugong) Conservation Plan 1999 , section 7 (Conservation officer may deal with sick, injured or dead dugong).

s 144B 130 Nature Conservation Regulation 1994 s 146 and (b) keep the animal in the other State. 144B Exemption for authorised keeper in another country A person who is an authorised keeper in another country for an animal of a species that is a protected animal may, without a wildlife authority— (a) buy or accept an animal of the species from a person authorised to sell or give away the animal under the Act; and (b) keep the animal in the other country. 145 Exemption for veterinary surgeons (1) A veterinary surgeon may take, keep and use a live protected animal, without a relevant authority for taking, keeping or using the animal, if the animal is taken, kept or used for providing treatment or care for the animal. (2) Also, if the surgeon reasonably believes the animal is sick or injured to the extent that the animal is unable or unlikely to recover from the sickness or injury, the surgeon may euthanase the animal. (3) Also, if the animal dies or the surgeon has euthanased the animal under subsection (2), the surgeon may, without a wildlife movement permit, move the animal from the place where the surgeon keeps the animal to— (a) the place where the animal is to be buried or incinerated; or (b) if the chief executive has asked the surgeon to move the dead animal to another place—the other place. 146 Exemption for particular government officers or employees (1) This section applies to an officer or employee of— (a) a local government; or

s 146 131 Nature Conservation Regulation 1994 s 146 (b) Queensland Rail; 53 or (c) the department in which the Transport Operations (Road Use Management) Act 1995 is administered. (2) The officer or employee may take a dead protected animal, without a relevant authority for taking the animal, if— (a) the officer or employee takes the animal from public land; and (b) it is necessary or desirable for the officer or employee to take the animal, including, for example, for the performance of a function or the exercise of a power under an Act; and (c) the animal is to be either— (i) buried or incinerated; or (ii) if the chief executive has directed the officer or employee to deal with the animal in a particular way—dealt with in the way directed by the chief executive. Examples of when it may be necessary or desirable to take a dead protected animal — 1 to remove the animal from a road to ensure the free and safe movement of traffic on the road 2 to remove the animal from a public place to maintain health and wellbeing of persons attending the place (3) Also, the officer or employee may, without a wildlife movement permit, move the dead animal from the place where the animal is taken to— (a) the place where the animal is to be buried or incinerated; or (b) if the chief executive has asked the person to move the dead animal to another place—the other place. 53 Queensland Rail is a statutory GOC under the Government Owned Corporations Act 1993 .

s 147 132 Nature Conservation Regulation 1994 s 148A 147 Exemption for Australian Defence Force A member of the Australian Defence Force may take and keep a least concern animal from land owned by the Commonwealth if— (a) the animal is to be used for training members of a part of the Defence Force about survival in the wild; and (b) the use of the animal is, or will be, consistent with the military standing order prepared for the part of the Defence Force. 148 Exemption for marine turtle or dugong in particular circumstances (1) A person may take, keep and use a protected marine turtle or dugong, without a relevant authority for taking, keeping or using the turtle or dugong, if the person— (a) takes the turtle or dugong under Aboriginal tradition or Island custom; and (b) holds a permit granted under the Marine Parks Act 1982 or the Great Barrier Reef Marine Park Act 1975 (Cwlth) that allows the person to take the turtle or dugong. (2) Also, the person may, without a wildlife movement permit, move the turtle or dugong from the place from where the turtle or dugong is taken to the place where the person intends to keep or use the turtle or dugong. (3) However, subsection (2) does not authorise the movement of a prescribed protected animal, whether from the State or another State, to another country. 148A Exemption for protected shark in particular circumstances (1) Subject to section 414A, 54 a person may take a protected shark, without a relevant authority for taking the shark, if the person— 54 Section 414A (Procedure for taking protected sharks)

s 149 133 Nature Conservation Regulation 1994 s 149 (a) is authorised by the DPI chief executive to take the shark under a shark control program; or (b) takes the shark under a shark control contract. (2) In this section— DPI chief executive means the chief executive of the department in which the Fisheries Act 1994 is administered. shark control contract means an agreement between a person and the State for the disposal, tagging or taking of sharks under a shark control program. shark control program means a program, administered by the DPI chief executive, for the disposal, tagging or taking of sharks to protect persons from attack by sharks. 149 Exemption for exempt animals—keeping and using (1) A person may buy or accept, keep and use an exempt animal, without a relevant authority for keeping or using the animal, if before the person bought or accepted the animal— (a) it was taken, kept and used lawfully; or (b) the parents of the animal were taken, kept and used lawfully. (2) However, if the person keeps a prescribed exempt bird at a place used for a commercial purpose, the person must, as soon as practicable after the person bought or accepted the bird, do both of the following— (a) apply, to the chief executive, for a record book for the bird; (b) pay the prescribed fee for the record book. Maximum penalty—10 penalty units. (3) Also, after the chief executive supplies the record book, the person must keep the record book for the bird. 55 Maximum penalty—120 penalty units. 55 See chapter 4 (General provisions), part 3 (Provisions about record books) for the requirements for record books required to be kept under the Act.

s 149A 134 Nature Conservation Regulation 1994 s 150 (4) In this section— prescribed exempt bird means any of the following— (a) a galah ( Cacatua roseicapilla ); (b) a little corella ( Cacatua sanguinea ); (c) a long-billed corella ( Cacatua tenuirostris ); (d) a princess parrot ( Polytelis alexandrae ); (e) a scarlet-chested parrot ( Neophema splendida ); (f) a sulphur-crested cockatoo ( Cacatua galerita ); (g) a twenty-eight parrot ( Barnardius zonarius semitorquatus ); (h) a western corella ( Cacatua pastinator ). 149A Exemption for exempt animals—moving (1) This section applies to a person (the exempt person ) who keeps, or intends to keep, an exempt animal under section 149. (2) The person may, without a wildlife movement permit, move the animal to or from any place in or outside of the State. (3) However, subsection (2) does not authorise the movement of a prescribed protected animal— (a) to another country; or (b) into another State if the movement is, whether directly or indirectly, associated with— (i) moving the animal to another country; or (ii) selling, giving or moving the animal to a person in another country. 150 Exemption for controlled animals—keeping or using (1) A person, other than a holder of a relevant authority for keeping controlled animals, may buy or accept and keep a live controlled animal without a relevant authority for keeping and using the animal if—

s 150 135 Nature Conservation Regulation 1994 s 150 (a) before the person bought or accepted the animal, it was taken, kept and used lawfully; and (b) the animal is kept for the person’s private enjoyment. (2) Also, the person may— (a) sell or give away the animal, without a relevant authority for using the animal, to— (i) a holder of a relevant authority who is authorised to buy or accept the animal; or (ii) another person (an approved buyer ) if the chief executive has given written approval to the person to sell or give the animal to the approved buyer; and (b) if the animal dies—sell or give the dead animal, without a relevant authority for selling or giving away the dead animal, to a holder of a commercial wildlife licence for the dead animal. (3) However, if asked by a conservation officer, the person must, unless the person has a reasonable excuse, give the conservation officer information about the person from whom it was bought or accepted. 56 Maximum penalty—165 penalty units. (4) Also, the person— (a) must keep an animal bought or accepted by the person for at least 6 months after the person receives the animal unless— (i) the person has written approval from the chief executive to sell or give away of the animal within 6 months after the person received the animal; or (ii) the animal dies or escapes; or (iii) if the animal is a bird—the person bought or accepted the bird for rearing the bird and the bird fledges within 6 months after the person received the bird; and 56 See also section 107 (Identification requirement for buying or selling protected, international or prohibited wildlife).

s 151 136 Nature Conservation Regulation 1994 s 151 (b) must not— (i) buy or accept the animal from a person who is not authorised to sell or give away the animal under the Act or a law of another State; or (ii) complete more than 10 sale transactions for live animals of the same class in any period of 12 months; or (iii) display the animal for a commercial purpose. Maximum penalty—20 penalty units. (5) In this section— sale transaction , for an animal, means a transaction by which an animal is bought or accepted and sold or given away. 151 Exemption for controlled animals—moving (1) This section applies to a person (the exempt person ) who keeps, or intends to keep, a controlled animal under section 150. (2) The exempt person, or the person from whom the exempt person bought or accepted the animal or to whom the exempt person sold or gave away the animal, may, without a wildlife movement permit, move the animal— (a) if the exempt person bought or accepted the animal from another person—from the place where the other person kept the animal to the place where the exempt person intends to keep the animal; or (b) if the exempt person sold or gave away the animal to another person—from the place where the exempt person keeps the animal to the place where the other person intends to keep the animal. (3) However, the following person must fill in a movement advice that complies with section 102 57 for a movement under subsection (2)— 57 Section 102 (Requirements for movement advice) See also part 1, division 2, subdivision 3 (Provisions about movement advices) generally for other requirements about movement advice.

s 152 137 Nature Conservation Regulation 1994 s 153 (a) if the exempt person bought or accepted the animal from another person— (i) if the other person sold or gave away the animal under a relevant authority—the other person; or (ii) otherwise—the exempt person; or (b) if the exempt person sold or gave away the animal to another person—the exempt person. Maximum penalty—50 penalty units. (4) Subsection (2) does not authorise the movement of a prescribed protected animal— (a) to another country; or (b) into another State if the movement is, whether directly or indirectly, associated with— (i) moving the animal to another country; or (ii) selling, giving or moving the animal to a person in another country. 152 Exemption for particular recreational reptiles (1) This section applies to a person, other than a holder of a relevant authority for keeping a recreational reptile, who immediately before 1 March 2004 kept a recreational reptile under the Act. (2) The person may keep the reptile without a relevant authority for keeping a recreational reptile. 153 Exemption for least concern amphibians (1) This section applies only to a person who does not hold a relevant authority for taking, keeping or using amphibians. (2) The person may catch and keep a least concern amphibian from the person’s land, without a relevant authority for taking or keeping the amphibian. (3) However, the person— (a) must keep the amphibian—

s 154 138 Nature Conservation Regulation 1994 s 154 (i) on the person’s land; and (ii) only for the person’s private enjoyment; and (b) must not keep— (i) more than 8 least concern amphibians, other than tadpoles; or (ii) more than 2 least concern amphibians, other than tadpoles, of the same species. Maximum penalty—20 penalty units. (4) Also, if the amphibian produces offspring, the person must, within 7 days after the offspring’s metamorphosis, release the offspring into the wild in the way stated in the reptile and amphibian code. Maximum penalty—80 penalty units. 154 Exemption for particular protected fish for recreational purpose (1) A person (the exempt person ) may buy or accept, keep or use a protected fish of the following species, without a relevant authority for keeping and using the fish, if the fish is not kept or used for a commercial purpose— • Elizabeth Springs goby ( Chlamydogobius sp. A) • Edgbaston goby ( Chlamydogobius sp. B) • red-finned blue-eye ( Scaturinginichthys vermeilipinnis ) • oxleyan pygmy perch ( Nannoperca oxleyana ) • honey blue-eye ( Pseudomugil mellis ). (2) The exempt person, or the person from whom the exempt person bought or accepted the fish or to whom the exempt person sold or gave away the fish, may, without a wildlife movement permit, move the fish— (a) if the exempt person bought or accepted the fish from another person—from the place where the other person kept the fish to the place where the exempt person intends to keep the fish; or (b) if the exempt person sold or gave away the fish to

s 155 139 Nature Conservation Regulation 1994 s 156 another person—from the place where the exempt person keeps the fish to the place where the other person intends to keep the fish. (3) However, if asked by a conservation officer, the exempt person must, unless the person has a reasonable excuse, give the conservation officer information about the person from whom the fish was bought or accepted. 58 Maximum penalty for subsection (3)—165 penalty units. 155 Exemption for protected scorpions or spiders for recreational purpose (1) A person (the exempt person ) may take, keep and use a protected scorpion or spider, without a relevant authority for taking, keeping or using the scorpion or spider, if the scorpion or spider is not taken, kept or used for a commercial purpose. (2) The exempt person, or the person from whom the exempt person bought or accepted the scorpion or spider or to whom the exempt person sold or gave away the scorpion or spider, may, without a wildlife movement permit, move the scorpion or spider— (a) if the exempt person bought or accepted the scorpion or spider from another person—from the place where the other person kept the scorpion or spider to the place where the exempt person intends to keep the scorpion or spider; or (b) if the exempt person sold or gave away the scorpion or spider to another person—from the place where the exempt person keeps the scorpion or spider to the place where the other person intends to keep the scorpion or spider. 156 Exemption for educational or scientific purposes (1) This section applies to a protected animal that— 58 See section 107 (Identification requirement for buying or selling protected, international or prohibited wildlife) for the requirement about keeping identification when buying wildlife.

s 157 140 Nature Conservation Regulation 1994 s 157 (a) was taken or kept under a licence, permit or other authority under the Act or a law of another State; and (b) is in the State. (2) A person may, without a relevant authority, use part of the animal if— (a) the person is a person to whom an educational purposes permit or scientific purposes permit for using the part of the animal may be granted; 59 and (b) the part of the animal is used for— (i) scientific research at a tertiary or other institution administered by the Commonwealth or a State or an entity that is involved in scientific research; or (ii) teaching at an educational institution or organisation. 157 Exemption for sick or injured animals—marine mammals and turtles (1) This section applies to a sick or injured protected marine mammal or marine turtle. (2) A person may take and keep the mammal or turtle, without a relevant authority for taking or keeping the mammal or turtle. 60 (3) Also, the person may, without a wildlife movement permit, move the animal— (a) from the place where the person takes possession of the animal to a place in the State where the person intends to care for the animal; or 59 See— • for an educational purposes permit—section 286 (Restriction on persons to whom permit may be granted); or • for a scientific purposes permit—section 315 (Restriction on persons to whom permit may be granted). 60 See also, the Nature Conservation (Whales and Dolphins) Conservation Plan 1997 , section 9 (Sick, injured or at risk whales or dolphins).

s 158 141 Nature Conservation Regulation 1994 s 158 (b) to a place in the State where the holder of a rehabilitation permit, or a relevant person for the holder, intends to keep the animal; or (c) if a conservation officer directs, under subsection (4), the person to move the animal to another place—to the other place. (4) However, the person must— (a) notify, as soon as reasonably practicable, a conservation officer that the person has taken possession of the mammal or turtle; and (b) if the conservation officer directs the person to deal with the mammal or turtle in a particular way—deal with the mammal or turtle in the way directed by the conservation officer. Maximum penalty for subsection (4)—20 penalty units. 158 Exemption for sick, injured or orphaned animals—other animals (1) This section applies to a sick, injured or orphaned protected animal other than a marine mammal or marine turtle. (2) A person may take and keep the animal without a relevant authority for taking or keeping the animal. (3) Also, the person may, without a wildlife movement permit, move the animal— (a) from the place where the person takes possession of the animal to a place in the State where the person intends to care for the animal; or (b) to a place in the State where the holder of a rehabilitation permit, or a relevant person for the holder, intends to keep the animal; or (c) if a conservation officer directs, under subsection (4), the person to move the animal to another place—to the other place. (4) However, the person must, within 72 hours after the person takes possession of the animal, either—

s 159 142 Nature Conservation Regulation 1994 s 160 (a) give the animal to a holder of a rehabilitation permit for the animal; or (b) notify a conservation officer that the person has taken possession of the animal. Maximum penalty—20 penalty units. (5) Also, if the person notifies a conservation officer under subsection (4)(b) and the officer directs the person to deal with the animal in a particular way, the person must deal with the animal in the way directed by the conservation officer. Maximum penalty—20 penalty units. 159 Exemption for interacting with animals in the wild (1) A person may, without a commercial wildlife licence (wildlife interaction), interact with a protected animal in the wild if the interaction is not an unauthorised interaction for the animal. (2) Also, a person who is authorised to watch, observe, interact with or feed a protected animal in the wild under either of the following Acts may, without a commercial wildlife licence (wildlife interaction), engage in an unauthorised interaction for the animal— (a) the Marine Parks Act 1982 ; (b) the Great Barrier Reef Marine Park Act 1975 (Cwlth). 160 Exemption for wholesalers to move dead protected animals (1) This section applies to a dead protected animal, other than a crocodile or emu, lawfully taken in another State. (2) A wholesaler in the State may, without a wildlife movement permit, move the skin, carcass or meat of the animal into the State if— (a) the wholesaler buys the skin, carcass or meat by wholesale from a person in the other State; and (b) the way in which the skin, carcass or meat is packed complies with the requirements of any applicable law of the other State; and

s 161 143 Nature Conservation Regulation 1994 s 162 (c) the movement of the skin, carcass or meat from the place is authorised by any applicable law of the other State; and (d) the movement is for a lawful purpose. (3) However, the wholesaler must fill in a movement advice that complies with section 102 61 for the movement. Maximum penalty for subsection (3)—50 penalty units. Subdivision 2 Particular exemptions for moving animals kept under an exemption 161 Exemption to move protected animal for private reasons A person who lawfully keeps a protected animal may, without a wildlife movement permit, move the animal— (a) on the person’s land; or (b) if the person keeps the animal at the person’s place of residence and is moving to a new place of residence within the State—to the new place of residence. 162 Exemption to move particular animals to and from veterinary surgeon (1) A person who lawfully keeps, other than under a relevant authority, a live protected animal in the State may, without a wildlife movement permit, move the animal— (a) from the place where the animal is being kept (the place of keeping ) to the premises of a veterinary surgeon for treatment or care for the animal; or (b) from the premises of a veterinary surgeon who treated or cared for the animal to the place of keeping. 61 Section 102 (Requirements for movement advice) See also part 1, division 2, subdivision 3 (Provisions about movement advices) generally for other requirements about movement advice.

s 163 144 Nature Conservation Regulation 1994 s 164 (2) However, if the premises of the veterinary surgeon is outside the State, subsection (1) applies only if the person ensures the animal is moved back to the place of keeping as soon as practicable after the treatment or care is given. (3) Subsection (2) does not apply if the animal dies. 163 Exemption to move particular animals to or from show or display (1) This section applies to a person who lawfully keeps a protected animal, other than a restricted animal, in the State other than under a relevant authority. (2) The person may move, without a wildlife movement permit, the animal to or from a show or display if the show or display— (a) is not for a commercial purpose; and (b) lasts for no more than 11 days. (3) However, subsection (2) applies only if the person ensures the animal is moved back to the place the person keeps the animal as soon as practicable after the animal stops being displayed in the show or display. 164 Exemption to move dead protected animals to particular holders (1) This section applies if— (a) either— (i) a person lawfully keeps a live protected animal, other than an exempt animal, and the animal dies; or (ii) a person lawfully keeps a dead protected animal, other than an exempt animal; and (b) the person is authorised to sell or give away the animal under the Act; and (c) the person sells or gives the dead animal to a holder of a commercial wildlife licence for the dead animal. (2) The person may, without a wildlife movement permit, move

s 165 145 Nature Conservation Regulation 1994 s 166 the animal from the place where the person keeps the animal to the place where the holder of the commercial wildlife licence intends to keep the animal. (3) However, the person must fill in a movement advice that complies with section 102 62 for the movement. Maximum penalty for subsection (3)—50 penalty units. Part 3 Keeping, using or moving international or prohibited animals, other than under relevant authority 165 Purpose of pt 3 The purpose of this part is to state the circumstances in which the keeping, using or moving of international or prohibited animals is authorised under the Act, other than under a relevant authority. 166 Authorised keepers in another State A person who is an authorised keeper in another State for an animal of a species that is an international or prohibited animal may, without a wildlife authority— (a) buy or accept an animal of the species from a person authorised to sell or give away the animal under the Act; and (b) keep the animal in the other State. 62 Section 102 (Requirements for movement advice) See also part 1, division 2, subdivision 3 ( Provisions about movement advices) generally for other requirements about movement advice.

s 167 146 Nature Conservation Regulation 1994 s 168 167 Authorised keepers in another country A person who is an authorised keeper in another country for an animal of a species that is an international or prohibited animal may, without a wildlife authority— (a) buy or accept an animal of the species from a person authorised to sell or give away the animal under the Act; and (b) keep the animal in the other country. 168 Veterinary surgeons (1) A veterinary surgeon may— (a) keep and use an international or prohibited animal for providing treatment or care for the animal; and (b) euthanase the animal if the surgeon reasonably believes the animal is sick or injured to the extent that the animal is unable or unlikely to recover from the sickness or injury. (2) Also, if an animal kept under subsection (1) dies or has been euthanased by the surgeon, the surgeon may, without a wildlife movement permit, move the animal from the place where the surgeon keeps the animal to— (a) the place where the animal is to be buried or incinerated; or (b) if the chief executive has asked the surgeon to move the animal to another place—the other place.

s 170 147 Nature Conservation Regulation 1994 s 171 Part 4 Licences for taking, keeping or using animals Division 1 Preliminary 170 Licences that may be granted (1) The chief executive may grant the following licences for either or both a live or dead animal— (a) commercial wildlife licence (wildlife interaction); (b) commercial wildlife licence; (c) commercial wildlife licence (mobile); (d) recreational wildlife licence; (e) commercial wildlife harvesting licence; (f) recreational wildlife harvesting licence; (g) wildlife demonstrator licence; (h) wildlife exhibitor licence; (i) wildlife farming licence; (j) museum licence. (2) However, a commercial wildlife licence (mobile) may be granted only on or after 1 January 2006. Division 2 Commercial wildlife licence (wildlife interaction) Subdivision 1 Purpose of division 171 Purpose of div 2 (1) The purpose of this division is— (a) to allow a person to engage in particular interactions with protected animals in a way that is not otherwise

s 172 148 Nature Conservation Regulation 1994 s 174 authorised under any exemption or authorisation under this regulation, or most other licences, permits or other authorities granted under the Act; and (b) to control and monitor particular interactions, to ensure the safety, health and wellbeing of humans and animals is maintained, by— (i) limiting the circumstances in which a commercial wildlife licence (wildlife interaction) for the interactions may be granted; and (ii) requiring holders of the licence to give reports about the activities carried out under the licence. Subdivision 2 Restrictions on grant of commercial wildlife licence (wildlife interaction) 172 Restriction on animals for which licence may be granted The chief executive may grant a commercial wildlife licence (wildlife interaction) for only a least concern animal. 173 Restriction of persons to whom licence may be granted The chief executive can not grant a commercial wildlife licence (wildlife interaction) for a protected animal of a species to a person unless the person has an approved interaction plan for the species. 174 Restriction on activities for which licence may be granted The chief executive can not grant a commercial wildlife licence (wildlife interaction) for a protected animal to a person if the chief executive reasonably believes the activity for which the application for the licence is made is an activity for which a relevant authority is required. Example — A person applies for a commercial wildlife licence (wildlife interaction) for an activity for a scientific purpose and the chief executive believes, in the circumstances, the person requires a scientific purposes permit for the activity.

s 175 149 Nature Conservation Regulation 1994 s 177 Subdivision 3 Things authorised by commercial wildlife licence (wildlife interaction) 175 Holder may engage in unauthorised interaction (1) The holder, or a relevant person for the holder, of a commercial wildlife licence (wildlife interaction) may engage in an unauthorised interaction for a protected animal in the wild of a species identified on the licence. 63 (2) However, subsection (1) does not authorise a person to engage in an unauthorised interaction in either of the following— (a) an area declared as a marine park under the Marine Parks Act 1982 ; (b) the Great Barrier Reef Marine Park. Subdivision 4 Carrying out activities under commercial wildlife licence (wildlife interaction) 176 Compliance with approved interaction plan The holder, or a relevant person for the holder, of a commercial wildlife licence (wildlife interaction) for a protected animal of a species must comply with the holder’s approved interaction plan for the species while carrying out activities under the licence. Maximum penalty—20 penalty units. 177 Requirement to keep report about activities under licence (1) The holder, or a relevant person for the holder, of a commercial wildlife licence (wildlife interaction) for a protected animal must keep a written report about the activities carried out under the licence. Maximum penalty—20 penalty units. 63 See, however, section 411 (Feeding native animals in the wild generally).

s 178 150 Nature Conservation Regulation 1994 s 178 (2) The report must include the following information about the activities— (a) any identified problems or concerns relating to the activities, including, for example— (i) any increase in illness or injury in the animals the subject of the activities; (ii) any incidence of aggression by animals the subject of the activities against the holder’s clients participating in the activities; (iii) any complaint by a member of the public about the impact of the activities on the member’s lifestyle or interests; (b) how the problems or concerns mentioned in paragraph (a) were identified and resolved. (3) The holder must— (a) keep the report in a secure place at the licensed premises for the licence, for the period required under section 473; 64 and (b) if asked by a conservation officer, make the report available for inspection by the officer. Maximum penalty—20 penalty units. Division 3 Commercial wildlife licences Subdivision 1 Purpose of division 178 Purpose of div 3 (1) The purpose of this division is to allow particular persons to keep and use protected or international animals for a commercial purpose without adversely affecting the conservation of the animals. (2) The purpose is achieved by— 64 Section 473 (Period for which particular documents must be kept)

s 179 151 Nature Conservation Regulation 1994 s 181 (a) allowing the chief executive to grant a commercial wildlife licence for an animal only in limited circumstances; and (b) limiting the things that a person acting under the licence is authorised to do under the licence; and (c) regulating the activities of persons acting under the licence. Subdivision 2 Restrictions on grant of commercial wildlife licences 179 Restriction on animals for which licence may be granted The chief executive may grant a commercial wildlife licence only for— (a) a live controlled or commercial animal; or (b) a dead protected or international animal. 180 Restriction if recreational wildlife licence granted for birds or reptiles (1) The chief executive can not grant a commercial wildlife licence for birds for a place for which a recreational wildlife licence for birds has been granted under the Act. (2) The chief executive can not grant a commercial wildlife licence for reptiles for a place for which a recreational wildlife licence for reptiles has been granted under the Act. 181 Additional restriction for licence for birds (1) The chief executive can not grant a commercial wildlife licence for live birds for a place unless the chief executive is satisfied the place is used, or intended to be used, to keep live birds on more than a temporary basis. Examples, for subsection (1), of when chief executive may be satisfied — 1 the place has bird cages fixed to it 2 all or part of the place is permanently roofed

s 182 152 Nature Conservation Regulation 1994 s 183 3 the place is usually open for the conduct of a business for most days in a year (2) However, subsection (1) does not apply if the licence is granted to a recreational aviculture society for a term of not more than 2 days. (3) In this section— recreational aviculture society means a society that— (a) is an incorporated association; and (b) has, as its main function, the keeping and breeding of native birds. 182 Additional restriction for licence for reptiles (1) The chief executive can not grant a commercial wildlife licence for reptiles to a person unless the chief executive is satisfied the person, or a relevant person for the person, has passed a course approved by the chief executive that— (a) includes matters about maintaining the health, safety and wellbeing of reptiles; and (b) provides training about how the person may advise another person about the matters mentioned in paragraph (a). (2) In this section— relevant person , for a person, means a person who would be a relevant person for the person if the person were granted a commercial wildlife licence under this chapter. Subdivision 3 Things authorised by commercial wildlife licences 183 Holder may keep and use particular animals (1) A holder, or a relevant person for the holder, of a commercial wildlife licence for an animal may— (a) buy or accept an animal of a species identified on the licence; and

s 184 153 Nature Conservation Regulation 1994 s 186 (b) keep and use an animal of a species identified on the licence at the licensed premises for the licence. (2) Also, the holder or relevant person may keep a live animal of a species identified on the licence at the holder’s or person’s place of residence for a period of time if— (a) the licensed premises for the licence— (i) are not the holder’s place of residence; and (ii) are unattended for the period; and (b) the animal is kept at the place of residence for providing care to the animal. 184 Holder may process particular animals A holder, or a relevant person for the holder, of a commercial wildlife licence for a dead animal may process a dead animal of a species identified on the licence. 186 Holder may move animal to and from residence to provide care (1) This section applies if the licensed premises for a commercial wildlife licence for a protected animal is not the place of residence of the holder of the licence. (2) The holder, or relevant person for the holder, may, without a wildlife movement permit, move the animal— (a) from the licensed premises for the licence to the holder’s or person’s place of residence if— (i) the movement is necessary to care for the animal; and (ii) the licensed premises will be unattended for the period for which the animal is to be kept at the place of residence; and (b) from the holder’s or person’s place of residence to the licensed premises for the licence.

s 187 154 Nature Conservation Regulation 1994 s 189 187 Holder may breed protected birds A holder of a commercial wildlife licence for a protected bird, other than a restricted bird, may breed a mutation of the bird. 65 Subdivision 4 Carrying out activities under commercial wildlife licence 188 General requirement about way animal must be kept and used (1) A person who keeps or uses a live protected animal under a commercial wildlife licence must keep and use the animal in a way that ensures the likelihood of escape, injury or ill-health of the animal is minimised. Maximum penalty—80 penalty units. (2) A person complies with subsection (1) if the person complies with a relevant code of practice for the animal to the extent the code of practice provides for the how the likelihood of escape, injury or ill-health of the animal may be minimised. 189 Requirement about identifying dead animals kept under licence A person who keeps a dead animal under a commercial wildlife licence must identify the animal in the way approved for the animal by the chief executive. 66 Maximum penalty—80 penalty units. Examples of ways that may be approved — 1 attaching a particular tag to the animal 2 placing a particular mark on the animal 65 See section 92 (Prohibition on breeding etc. hybrids of protected animals) of the Act. 66 See also— • section 406 (Processed products made or derived from protected animals) of this regulation • s ection 113 (Processed products made or derived from macropods) of the Nature Conservation (Macropod) Conservation Plan 2005 .

s 190 155 Nature Conservation Regulation 1994 s 191 190 Requirement to keep record book (1) A holder of a commercial wildlife licence for an animal must keep— (a) for a licence for a macropod—a record and return book supplied by the chief executive for the licence; or (b) for another licence—a record book supplied by the chief executive for the licence. 67 Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder keeps the book for the holder. (3) This section is subject to any provision of a conservation plan about the keeping of a record and return book, or record book, for a commercial wildlife licence for an animal to which the plan relates. 191 Requirement to give return of operations (1) A holder of a commercial wildlife licence for an animal must give the chief executive a return of operations that complies with section 454 68 for the licence. Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder gives the return to the chief executive for the holder. (3) This section is subject to any provision of a conservation plan about the giving of a return of operations for a commercial wildlife licence for an animal to which the plan relates. 67 See chapter 4 (General provisions), part 3 (Provisions about record books) generally for the requirements for record books required to be kept under the Act. 68 Section 454 (Form and nature of return of operations) See chapter 4 (General provisions), part 4 (Provisions about return of operations) for the requirements for returns of operations required to be given under the Act.

s 191A 156 Nature Conservation Regulation 1994 s 191B Division 3A Commercial wildlife licence (mobile) Subdivision 1 Purpose of division 191A Purpose of div 3A (1) The purpose of this division is to allow particular persons to obtain protected animals from any place in the State by using a mobile facility, without adversely affecting the conservation of the animals. (2) The purpose is achieved by— (a) allowing the chief executive to grant a commercial wildlife licence (mobile) for an animal in only limited circumstances; and (b) limiting the things that a person acting under the licence is authorised to do under the licence; and (c) regulating the activities of persons acting under the licence. Note — Under section 170(2), a commercial wildlife licence (mobile) may be granted only on or after 1 January 2006. Subdivision 2 Restrictions on grant of commercial wildlife licence (mobile) 191B Restriction about animals for which licence may be granted The chief executive may grant a commercial wildlife licence (mobile) only for macropods.

s 191C 157 Nature Conservation Regulation 1994 s 191D Subdivision 3 Things authorised by commercial wildlife licence (mobile) 191C Holder may keep and use particular animals The holder, or a relevant person for the holder, of a commercial wildlife licence (mobile) may— (a) buy or accept an animal of a species identified on the licence from any place in the State; and (b) move the animal, in the mobile facility for which the licence is granted, to— (i) the licensed premises for the licence; or (ii) a person, in the State, who is authorised to process the animal under the Act. Subdivision 4 Carrying out activities under commercial wildlife licence (mobile) 191D Keeping record and return book (1) The prescribed person for a commercial wildlife licence (mobile) must keep a record and return book supplied by the chief executive for the licence. Maximum penalty—120 penalty units. (2) If the prescribed person is the holder of the licence, the holder complies with subsection (1) if a relevant person for the holder keeps the book for the holder. (3) This section is subject to any provision of a conservation plan about the keeping of a record and return book for a commercial wildlife licence (mobile) for an animal to which the plan relates. (4) In this section— prescribed person , for a commercial wildlife licence (mobile), means— (a) for a period during which the mobile facility for which the licence is granted is being used to carry out activities

s 191E 158 Nature Conservation Regulation 1994 s 192 under the licence, the particulars for which are to be included in the record and return book supplied by the chief executive for the licence—the person in charge of the facility; or (b) for another period—the holder of the licence. 191E Giving return of operations (1) The holder of a commercial wildlife licence (mobile) for an animal must give the chief executive a return of operations complying with section 454 69 for the licence. Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder gives the return to the chief executive for the holder. (3) This section is subject to any provision of a conservation plan about the giving of a return of operations for a commercial wildlife licence (mobile) for an animal to which the plan relates. Division 4 Recreational wildlife licences Subdivision 1 Purpose of division 192 Purpose of div 4 (1) The purpose of this division is to allow particular persons to keep and use protected or international animals for a recreational purpose without adversely affecting the conservation of the animals. (2) The purpose is achieved by— 69 Section 454 (Form and nature of return of operations) See chapter 4 (General provisions), part 4 (Provisions about return of operations) for the requirements for returns of operations required to be given under the Act.

s 193 159 Nature Conservation Regulation 1994 s 195 (a) allowing the chief executive to grant a recreational wildlife licence for an animal only to persons who intend to keep the animal for personal enjoyment; and (b) limiting the things that a person acting under the licence is authorised to do under the licence; and (c) regulating the activities of persons acting under the licence. Subdivision 2 Restrictions on grant for recreational wildlife licences 193 Restriction on animals for which licence may be granted The chief executive may grant a recreational wildlife licence only for any of the following— (a) a live controlled, commercial, recreational, restricted or international animal; (b) a dead protected or international animal. 194 Restriction on grant of licence to children (1) The chief executive may grant a recreational wildlife licence for an animal to a child only if— (a) the child and the child’s parents or guardians live at the licensed premises for the licence; and (b) the chief executive is satisfied the parents or guardians will supervise the child while the child is carrying out activities under the licence; and (c) the chief executive states the name of the parents or guardians on the licence. (2) Also, the chief executive can not grant a recreational wildlife licence for a restricted animal to a child. 195 Restriction on grant of licence for restricted birds (1) The chief executive can not grant a recreational wildlife licence for a restricted bird to a person unless the chief

s 196 160 Nature Conservation Regulation 1994 s 198 executive is satisfied the person has the knowledge, experience and facilities necessary to keep the bird in the way required under the aviculture code. (2) In this section— aviculture code means the document called ‘Code of Practice—Aviculture’, approved by the chief executive under section 174A 70 of the Act. 196 Restriction on grant of licence for restricted reptiles or amphibians The chief executive can not grant a recreational wildlife licence for a restricted reptile or amphibian to a person unless the chief executive is satisfied the person has the appropriate knowledge and experience for keeping the reptile or amphibian. 197 Restriction if commercial wildlife licence granted for birds or reptiles (1) The chief executive can not grant a recreational wildlife licence for birds for a place for which a commercial wildlife licence for birds has been granted under the Act. (2) The chief executive can not grant a recreational wildlife licence for reptiles for a place for which a commercial wildlife licence for reptiles has been granted under the Act. Subdivision 3 Things authorised by recreational wildlife licences 198 Holder may keep or use particular animals (1) A holder, or a relevant person for the holder, of a recreational wildlife licence for a protected or international animal may— 70 Section 174A (Chief executive may make codes of practice) of the Act Note, a copy of the code of practice is open for public inspection, during office hours on business days, at the department’s head office at 160 Ann Street, Brisbane and each regional office of the department (see section 174A(3) of the Act).

s 199 161 Nature Conservation Regulation 1994 s 199 (a) buy or accept an animal of a species identified on the licence; and (b) keep and use an animal of a species identified on the licence at the licensed premises for the licence. (2) Also, a holder, or relevant person for the holder, of a recreational wildlife licence for a live protected animal other than a restricted animal may also keep or use, at the licensed premises for the licence— (a) if the licence is a recreational wildlife licence for birds—no more than 2 restricted birds; or (b) if the licence is a recreational wildlife licence for reptiles and amphibians—no more than 2 restricted reptiles, other than reptiles of the family Elapidae, Hydrophiidae or Laticaudidae. (3) However, subsections (1) and (2) do not authorise the holder or relevant person to use an animal for a commercial purpose. 199 Holder may take particular reptiles to feed other reptiles A holder, or a relevant person for the holder, of a recreational wildlife licence for reptiles may take any of the following reptiles if the reptile is taken to ensure the wellbeing or maintenance of a reptile kept under the licence— (a) Carlia pectoralis ; (b) Carlia vivax ; (c) Cryptoblepharus carnabyi ; (d) Cryptoblepharus virgatus ; (e) Ctenotus robustus ; (f) Lampropholis delicata ; (g) Morethia boulengeri .

s 200 162 Nature Conservation Regulation 1994 s 202 200 Holder may breed protected birds A holder, or a relevant person for the holder, of a recreational wildlife licence for a protected bird other than a restricted bird may breed a mutation of the bird. 71 Subdivision 4 Carrying out activities under recreational wildlife licences 201 General requirement about way animal must be kept and used (1) A person who keeps or uses a live protected or international animal under a recreational wildlife licence must keep and use the animal in a way that ensures the likelihood of escape, injury or ill-health of the animal is minimised. Maximum penalty—80 penalty units. (2) The person complies with subsection (1) if the person complies with a relevant code of practice for the animal to the extent the code of practice provides for how the likelihood of escape, injury or ill-health of the animal may be minimised. 202 Requirement to keep particular animals for minimum period (1) A holder of a recreational wildlife licence who buys or accepts a live protected animal under the licence must keep the animal for at least 6 months after the person receives the animal unless— (a) the holder has written approval from the chief executive to sell or give away the animal within 6 months after the holder received the animal; or (b) the animal dies or escapes; or 71 See section 92 (Restriction on breeding etc. hybrids of protected animals) of the Act.

s 203 163 Nature Conservation Regulation 1994 s 204 (c) if the animal is a bird—the person bought or accepted the bird for rearing the bird and the bird fledges within 6 months after the person received the bird. Maximum penalty—80 penalty units. (2) For subsection (1), a holder keeps an animal under the licence if a relevant person for the holder keeps the animal under the licence. 203 Requirement to keep record book (1) A holder of a recreational wildlife licence for an animal must keep a record book supplied by the chief executive for the licence. 72 Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder keeps the book for the holder. (3) This section is subject to any provision of a conservation plan about the keeping of a record book for a recreational wildlife licence for an animal to which the plan relates. Division 5 Commercial wildlife harvesting licences Subdivision 1 Purpose of division 204 Purpose of div 5 (1) The purpose of this division is to allow particular persons to harvest protected animals for a commercial purpose without adversely affecting the conservation of the animals. (2) The purpose is achieved by— 72 See chapter 4 (General provisions), part 3 (Provisions about record books) for the requirements for record books required to be kept under the Act.

s 205 164 Nature Conservation Regulation 1994 s 208 (a) allowing the chief executive to grant a commercial wildlife harvesting licence for an animal only in limited circumstances; and (b) limiting the things that a person acting under the licence is authorised to do under the licence; and (c) regulating the activities of persons acting under the licence. Subdivision 2 Restriction on grant of commercial wildlife harvesting licences 205 Restriction on animals for which licence may be granted (1) The chief executive can not grant a commercial wildlife harvesting licence for a threatened, rare or near threatened animal unless a conservation plan for the animal allows a holder of a commercial wildlife harvesting licence to take the animal. (2) Subsection (1) does not apply to a commercial wildlife harvesting licence for a vulnerable, rare or near threatened snake if the snake is to be taken for the extraction of venom to produce antivenene for humans. 206 Restriction on grant of licence to children if weapons involved The chief executive can not grant to a child less than 17 years a commercial wildlife harvesting licence that allows the holder of the licence to take an animal by using a weapon. 208 Restriction on grant of licence for whales or dolphins The chief executive can not grant a commercial wildlife harvesting licence for a whale or dolphin if the chief executive reasonably believes the whale or dolphin is to be taken for displaying the whale or dolphin under a wildlife demonstrator licence or wildlife exhibitor licence.

s 209 165 Nature Conservation Regulation 1994 s 210 Subdivision 3 Things authorised by commercial wildlife harvesting licence 209 Holder may take, keep and use particular animals (1) A holder, or a relevant person for the holder, of a commercial wildlife harvesting licence for an animal may— (a) take an animal of a species identified on the licence from the place stated on the licence as a place from where the animal may be taken; and (b) keep and use an animal of a species identified on the licence at the licensed premises for the licence. (2) However, subsection (1) does not authorise the holder or relevant person to buy or accept an animal from another person. Subdivision 4 Carrying out activities under commercial wildlife harvesting licence 210 Way animal may be taken (1) A holder, or a relevant person for the holder, of a commercial wildlife harvesting licence for a protected animal may take the animal only— (a) from a location that is not visible to a person other than a person also taking an animal from the location; and (b) in a way that causes minimal damage or disturbance to other wildlife or the environment; and (c) by using an approved method for taking the animal; and (d) if the animal is to be taken by killing the animal—by killing the animal in a quick and humane way. Maximum penalty—120 penalty units. (2) Subsection (1) is subject to any provision of a conservation plan, or a notice declaring a harvest period under a

s 211 166 Nature Conservation Regulation 1994 s 212 conservation plan, for an animal that states the way the animal may be taken. 73 (3) In this section— approved method , for taking an animal under a commercial wildlife harvesting licence, means— (a) if the chief executive has written the way the animal may be taken on the licence—the method written on the licence; or (b) otherwise— (i) a method that is mentioned in a relevant code of practice for the animal as a method by which the animal may be taken; or (ii) another method consistent with the Animal Care and Protection Act 2001 . 211 Requirements about carcasses of animals taken under licence (1) A holder, or a relevant person for the holder, of a commercial wildlife harvesting licence who takes, under the licence, an animal by killing the animal must keep the carcass of the animal in a way that ensures it can be easily identified. Maximum penalty—120 penalty units. (2) Subsection (1) is subject to any provision of a conservation plan for the animal that states the requirements that apply for identifying the animal. 74 212 Requirement to keep record book (1) A holder of a commercial wildlife harvesting licence for an animal must keep— 73 For a harvest macropod, see the Nature Conservation (Macropod) Conservation Plan 2005. 74 For a harvest macropod, see the Nature Conservation (Macropod) Conservation Plan 2005.

s 213 167 Nature Conservation Regulation 1994 s 213 (a) for a licence for a macropod—a record and return book supplied by the chief executive for the licence; or (b) for another licence—a record book supplied by the chief executive for the licence. 75 Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder keeps the book for the holder. (3) This section is subject to any provision of a conservation plan about the keeping of a record and return book, or record book, for a commercial wildlife harvesting licence for an animal to which the plan relates. (4) In this section— relevant person , for the holder of a commercial wildlife harvesting licence for macropods, includes the following— (a) a person who normally lives with the holder; (b) a person who is authorised to keep the record and return book supplied by the chief executive for the licence under the Nature Conservation (Macropod) Conservation Plan 2005 . 76 213 Requirement to give return of operations (1) A holder of a commercial wildlife harvesting licence for an animal must give the chief executive a return of operations that complies with section 454 77 for the licence. Maximum penalty—120 penalty units. 75 See chapter 4 (General provisions), part 3 (Provisions about record books) for the requirements for record books required to be kept under the Act. 76 See the Nature Conservation (Macropod) Conservation Plan 2005 , section 70 (Other persons may keep record and return book and give returns for holder). 77 Section 454 (Form and nature of return of operations) See chapter 4 (General provisions), part 4 (Provisions about return of operations) generally for requirements about return of operations required to be given under the Act.

s 214 168 Nature Conservation Regulation 1994 s 214 (2) The holder complies with subsection (1) if a relevant person for the holder gives the return to the chief executive for the holder. (3) This section is subject to any provision of a conservation plan about the giving of a return of operations for a commercial wildlife harvesting licence for an animal to which the plan relates. (4) In this section— relevant person , for the holder of a commercial wildlife harvesting licence for macropods, includes the following— (a) a person who normally lives with the holder; (b) a person who is authorised to give a return of operations to the chief executive for the holder under the Nature Conservation (Macropod) Conservation Plan 2005 . Division 6 Recreational wildlife harvesting licences Subdivision 1 Purpose of division 214 Purpose of div 6 (1) The purpose of this division is to allow particular persons to harvest and use protected animals for a recreational purpose without adversely affecting the conservation of the animals. (2) The purpose is achieved by— (a) allowing the chief executive to grant a recreational wildlife harvesting licence for an animal only to persons who intend to take or use the animal for personal enjoyment; and (b) limiting the things that a person acting under the licence is authorised to do under the licence; and (c) regulating the activities of persons acting under the licence.

s 215 169 Nature Conservation Regulation 1994 s 218 Subdivision 2 Restriction on grant of recreational wildlife harvesting licences 215 Restriction on grant of licence to children if weapons involved The chief executive can not grant to a child less than 17 years a recreational wildlife harvesting licence that allows the holder of the licence to take an animal by using a weapon. 217 Restriction on grant of licence for ducks and quails The chief executive may grant a recreational wildlife harvesting licence for ducks and quails only to a person who has passed a test approved by the chief executive— (a) for a licence for ducks—about identifying ducks; and (b) for a licence for quails—about identifying quails. Subdivision 3 Things authorised by recreational wildlife harvesting licence 218 Holder may take, keep, use and process particular animals (1) A holder of a recreational wildlife harvesting licence for an animal may— (a) take an animal of a species identified on the licence from the place stated on the licence as a place from where the animal may be taken; and (b) keep, use, other than sell or give away an animal of a species identified on the licence at the licensed premises for the licence; and (c) process an animal of a species identified on the licence at the licensed premises for the licence. (2) However, subsection (1) does not authorise the holder to buy or accept an animal from another person. (3) Also, subsection (1) only authorises—

s 220 170 Nature Conservation Regulation 1994 s 220 (a) a holder of a recreational wildlife harvesting licence for a conservation plan duck or conservation plan quail to take the duck or quail during a harvest period declared, under a notice under the Nature Conservation (Duck and Quail) Conservation Plan 1995 , section 5, for the duck or quail. (4) Subsection (3)(b) expires on 30 June 2005. 78 Subdivision 4 Carrying out activities under recreational wildlife harvesting licence 220 Way animal may be taken (1) A holder of a recreational wildlife harvesting licence for a protected animal may take the animal only— (a) from a location that is not visible to a person other a person also taking an animal from the location; and (b) in a way that causes minimal damage or disturbance to other wildlife or the environment; and (c) by using an approved method for taking the animal; and (d) if the animal is to be taken by killing the animal—by killing the animal in a humane way. Maximum penalty—120 penalty units. (2) Subsection (1) is subject to any provision of a conservation plan, or a notice declaring a harvest period under the conservation plan, for an animal that states the way the animal may be taken. 79 (3) In this section— approved method , for taking an animal under a recreational wildlife harvesting licence, means— 78 From the beginning of 1 July 2005, see the Nature Conservation (Macropod) Conservation Plan 2005 . 79 For example see the Nature Conservation (Macropod) Conservation Plan 2005 .

s 221 171 Nature Conservation Regulation 1994 s 222 (a) if the chief executive has written the way the animal may be taken on the licence—the method written on the licence; or (b) otherwise— (i) a method that is mentioned in a relevant code of practice for the animal as a method by which the animal may be taken; or (ii) another method consistent with the Animal Care and Protection Act 2001 . 221 Requirements about carcasses of animals taken under licence (1) A holder of a recreational wildlife harvesting licence who takes, under the licence, an animal by killing the animal must keep the carcass of the animal in a way that ensures it can be easily identified. Maximum penalty—120 penalty units. (2) However, the holder may remove a tag or any other thing used to identify the animal if the holder— (a) tans the skin of the animal; or (b) consumes the meat of the animal. (3) Subsections (1) and (2) are subject to any provision of a conservation plan for an animal that states the requirements that apply for identifying the animal. 80 222 Requirement to give return of operations (1) A holder of a recreational wildlife harvesting licence for an animal must give the chief executive a return of operations that complies with section 454 81 for the licence. 80 For a harvest macropod, see the Nature Conservation (Macropod) Conservation Plan 2005. 81 Section 454 (Form and nature of return of operations) See chapter 4 (General provisions), part 4 (Provisions about return of operations) generally for requirements about return of operations required to be given under the Act.

s 223 172 Nature Conservation Regulation 1994 s 223 Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder gives the return to the chief executive for the holder. (3) This section is subject to any provision of a conservation plan about the giving of a return of operations for a recreational wildlife harvesting licence for an animal to which the plan relates. (4) In this section— relevant person , for the holder of a recreational wildlife harvesting licence for macropods, includes a person who normally lives with the holder. Division 7 Wildlife demonstrator licences Subdivision 1 Purpose of division 223 Purpose of div 7 (1) The purpose of this division is to allow a person to keep and use an animal for a travelling or temporary display without adversely affecting the conservation of the animals. (2) The purpose is achieved by— (a) limiting the things that a person acting under the licence is authorised to do under the licence, including, in particular, limiting the purpose for which an animal may be displayed under the licence to be either for— (i) promoting an understanding of the ecology and conservation of protected, prohibited or international animals; or (ii) a film or television production; and (b) regulating the activities of persons acting under the licence.

s 224 173 Nature Conservation Regulation 1994 s 225 Subdivision 2 Things authorised by wildlife demonstrator licence 224 Holder may keep and use particular animals (1) A holder, or a relevant person for the holder, of a wildlife demonstrator licence for an animal may— (a) buy or accept an animal of a species identified on the licence; and (b) keep and use, other than display, an animal of a species identified on the licence at the licensed premises; and (c) display an animal of a species identified on the licence in a travelling or temporary display. (2) However, subsection (1) only authorises the holder or relevant person to display an animal for— (a) a film or television production; or (b) an approved display purpose. Subdivision 3 Carrying out activities under wildlife demonstrator licence 225 Restriction on number of live animals that may be kept under licence (1) A holder of a wildlife demonstrator licence must not, unless the holder has written approval from the chief executive, keep more than 30 self-sufficient animals of the same species under the licence. Maximum penalty—165 penalty units. (2) For subsection (1), the holder keeps an animal under the licence if a relevant person for the holder keeps the animal under the licence.

s 226 174 Nature Conservation Regulation 1994 s 227 226 Minimum number of displays (1) This section applies if a holder is granted a wildlife demonstrator licence for a term of more than 3 months. (2) The holder must— (a) ensure animals are displayed, under the licence, at a place other than the licensed premises for the licence at least once in each month for which the licence is granted; and (b) keep, for the period required under section 473, 82 a record of each display of animals that was conducted at a place other than the licensed premises. Maximum penalty—80 penalty units. (3) If asked by a conservation officer, the holder must, unless the holder has a reasonable excuse, produce evidence containing the details of each display of animals that was conducted at a place other than the licensed premises. Maximum penalty—80 penalty units. 227 Way animal may be displayed (1) A person who displays an animal under a wildlife demonstrator licence must display the animal in a way that ensures the following are minimised— (a) the likelihood of the animal’s escape; (b) the risk of injury to a person; (c) the risk of injury or ill-health to the animal. Maximum penalty—80 penalty units. (2) A person complies with subsection (1) if the person complies with the exhibition code to the extent the code is relevant to the way in which animals should be displayed. 82 Section 473 (Period for which particular documents must be kept)

s 228 175 Nature Conservation Regulation 1994 s 230 (3) Also, the person must not display an animal that has visible signs of illness or injury unless the holder of the licence has written approval for the display from the chief executive. Maximum penalty—80 penalty units. 228 Requirement to supervise animal while being displayed (1) This section applies if a person displays an animal to the public under a wildlife demonstrator licence. (2) The person must ensure the animal is supervised by the holder, or relevant person for the holder, of the licence at all times while it is being displayed. Maximum penalty—80 penalty units. 229 Restriction on acts animal may be required to do (1) This section applies if a person displays an animal under a wildlife demonstrator licence. (2) The person must not require the animal to do an act the animal would not normally do in the wild, unless the holder of the licence has written approval from the chief executive for requiring the animal to do the act. Maximum penalty—80 penalty units. 230 Handling dangerous animals A holder of a wildlife demonstrator licence must not allow a person to handle a live dangerous or venomous animal kept under the licence unless the person is— (a) a relevant person for the holder; and (b) has appropriate training for handling the animal. Maximum penalty—80 penalty units.

s 231 176 Nature Conservation Regulation 1994 s 232 231 Requirement to keep record book (1) A holder of a wildlife demonstrator licence must keep a record book supplied by the chief executive for the licence. 83 Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder keeps the book for the holder. (3) This section is subject to any provision of a conservation plan about the keeping of a record book for a wildlife demonstrator licence for an animal to which the plan relates. 232 Requirement to give return of operations (1) A holder of a wildlife demonstrator licence must give the chief executive a return of operations that complies with section 454 84 for the licence. Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder gives the return to the chief executive for the holder. (3) This section is subject to any provision of a conservation plan about the giving of a return of operations for a wildlife demonstrator licence for an animal to which the plan relates. 83 See chapter 4 (General provisions), part 3 (Provisions about record books) for requirements for record books required to be kept under the Act. 84 Section 454 (Form and nature of return of operations) See chapter 4 (General provisions), part 4 (Provisions about return of operations) generally for requirements about return of operations required to be given under the Act.

s 233 177 Nature Conservation Regulation 1994 s 234 Division 8 Wildlife exhibitor licences Subdivision 1 Purpose of division 233 Purpose of div 8 (1) The purpose of this division is to allow a person to keep and use an animal for display in an exhibit without adversely affecting the conservation of the animals. (2) The purpose is achieved by— (a) requiring additional information to apply for a wildlife exhibitor licence; and (b) allowing the chief executive to grant the licence only for particular exhibits; and (c) limiting the things that a person acting under the licence is authorised to do under the licence, including, in particular, limiting the purpose for which an animal may be displayed under the licence to be either for— (i) promoting an understanding of the ecology and conservation of protected, prohibited or international animals; or (ii) a film or television production; and (d) regulating the activities of persons acting under the licence. Subdivision 2 Additional application requirements 234 Requirement to give particular information for application (1) A person who makes an application for a wildlife exhibitor licence must ensure the application is accompanied by a written notice (an exhibit notice )— (a) describing the design of the facilities the person has built, or intends to build, for housing the animals for which the application is made; and

s 235 178 Nature Conservation Regulation 1994 s 236 (b) stating how the exhibit in which the animal for which the application is made will be displayed complies, or will comply with the requirements, mentioned in section 235, for exhibits for the animal. (2) However, if before the application is made, the chief executive becomes aware that the person intends to apply for the wildlife exhibitor licence, the chief executive may, by giving the person a written notice, ask the person to give the chief executive the exhibit notice by a stated earlier time. (3) The person must give the information to the chief executive before the stated time. (4) If the person does not give the information before the stated time, the chief executive may refuse to grant the licence. Subdivision 3 Restrictions on grant for wildlife exhibitor licences 235 Exhibit must meet particular criteria The chief executive may grant a wildlife exhibitor licence to a person only if the chief executive is satisfied— (a) the person has the facilities to comply with the requirements under the exhibition code for exhibits or facilities associated with exhibits, to the extent the requirements are not inconsistent with the prescribed criteria; and (b) the exhibit in which the animal for which the application is made will be displayed complies with the prescribed criteria for an exhibit for the animal. Subdivision 4 Things authorised by wildlife exhibitor licence 236 Holder may keep and use animals (1) A holder, or a relevant person for the holder, of a wildlife exhibitor licence for an animal may—

s 237 179 Nature Conservation Regulation 1994 s 239 (a) buy or accept an animal of a species identified on the licence; and (b) keep and use, other than display, an animal of a species identified on the licence at the licensed premises; and (c) display an animal of a species identified on the licence in an exhibit at the licensed premises or in a travelling or temporary display. (2) However, subsection (1) only authorises the holder or relevant person to display an animal for— (a) a film or television production; or (b) an approved display purpose. 237 Holder may take and keep sick, injured or orphaned animals (1) A holder, or a relevant person for the holder, of a wildlife exhibitor licence may take and keep an animal that is a sick, injured or orphaned animal of a species identified on the licence. (2) The holder— (a) is taken to also hold a rehabilitation permit for the animal; and (b) may do, in relation to the animal, all things that a holder of a rehabilitation permit may do in relation to an animal kept under the permit; and (c) must do, in relation to the animal, all things that a holder of a rehabilitation permit is required to do in relation to an animal kept under the permit. 239 Holder may engage in unauthorised interaction in particular circumstances A holder, or relevant person for the holder, of a wildlife exhibitor licence may, without a commercial wildlife licence (wildlife interaction), engage in an unauthorised interaction for a protected animal, of a species, in the wild if the holder has an approved interaction plan for the species.

s 240 180 Nature Conservation Regulation 1994 s 241 240 Holder may move animal to or from licensed premises for secondary authorities (1) A holder, or relevant person for the holder, of a wildlife exhibitor licence (the primary licence ) who keeps a protected or international animal in the State under the licence may, without a wildlife movement permit, move the animal— (a) from the licensed premises for the primary licence to the licensed premises for either of the following (each a secondary authority ) held by the holder— (i) another wildlife exhibitor licence for the animal; (ii) a permit to keep protected wildlife for the animal; or (b) from the licensed premises for the secondary authority to the licensed premises for the primary licence. (2) However, subsection (1) does not authorise the movement of a prescribed protected animal out of the State. Subdivision 5 Carrying out activities under wildlife exhibitor licence 241 Way animal may be displayed (1) A person who displays an animal under a wildlife exhibitor licence must display the animal in a way that ensures the following are minimised— (a) the likelihood of the animal’s escape; (b) the risk of injury to a person; (c) the risk of injury or ill-health to the animal. Maximum penalty—80 penalty units. (2) A person complies with subsection (1) if the person complies with the exhibition code to the extent the code is relevant to the way in which animals should be displayed. (3) Also, the person must not display an animal that has visible signs of illness or injury unless the holder of the licence has written approval for the display from the chief executive.

s 242 181 Nature Conservation Regulation 1994 s 245 Maximum penalty for subsection (3)—80 penalty units. 242 Requirement to supervise animal while being displayed (1) This section applies if a person displays an animal to the public under a wildlife exhibitor licence. (2) The person must ensure the animal is supervised by the holder, or a relevant person for the holder, of the licence at all times while it is being displayed. Maximum penalty—80 penalty units. 243 Restriction on acts animal may be required to do (1) This section applies if a person displays an animal under a wildlife exhibitor licence. (2) The person must not require the animal to do an act the animal would not normally do in the wild, unless the holder of the licence has written approval from the chief executive for requiring the animal to do the act. Maximum penalty—80 penalty units. 244 Handling dangerous animals A holder of a wildlife exhibitor licence must not allow a person to handle a live dangerous or venomous animal kept under the licence unless the person— (a) is a relevant person for the holder; and (b) has appropriate training in handling the animal. Maximum penalty—80 penalty units. 245 Particular holders must comply with approved interaction plan (1) This section applies if— (a) a holder of a wildlife exhibitor licence has an approved interaction plan for a species of protected animal; and

s 246 182 Nature Conservation Regulation 1994 s 246 (b) the holder, or relevant person for the holder, carries out activities mentioned in the plan. (2) The holder, or relevant person, must comply with the interaction plan while carrying out the activities. Maximum penalty—20 penalty units. 246 Particular holders must keep report about particular activities (1) This section applies if— (a) a holder of a wildlife exhibitor licence has an approved interaction plan for a species of protected animal; and (b) the holder, or a relevant person for the holder, carries out activities mentioned in the plan. (2) The holder must keep a written report about the activities to the extent they relate to interacting with the animals. Maximum penalty—20 penalty units. (3) The report must include the following information about the activities— (a) any identified problems or concerns relating to the activities, including, for example— (i) any increase in illness or injury in the animals the subject of the activities; (ii) any incidence of aggression by animals the subject of the activities against the holder’s clients participating in the activities; (iii) any complaint by a member of the public about the impact of the activities on the member’s lifestyle or interests; (b) how the problems or concerns mentioned in paragraph (a) were identified and resolved. (4) The holder must—

s 247 183 Nature Conservation Regulation 1994 s 248 (a) keep the report in a secure place at the licensed premises for the licence, for the period required under section 473; 85 and (b) if asked by a conservation officer, make the report available for inspection by the officer. Maximum penalty for subsection (4)—20 penalty units. 247 Requirement to keep record book (1) A holder of a wildlife exhibitor licence must keep a record book supplied by the chief executive for the licence. 86 Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder keeps the book for the holder. (3) This section is subject to any provision of a conservation plan about the keeping of a record book for a wildlife exhibitor licence for an animal to which the plan relates. 248 Requirement to give return of operations (1) A holder of a wildlife exhibitor licence must give the chief executive a return of operations that complies with section 454 87 for the licence. Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder gives the return to the chief executive for the holder. (3) This section is subject to any provision of a conservation plan about the giving of a return of operations for a wildlife exhibitor licence for an animal to which the plan relates. 85 Section 473 (Period for which particular documents must be kept) 86 See chapter 4 (General provisions), part 3 (Provisions about record books) for the requirements for record books required to be kept under the Act. 87 Section 454 (Form and nature of return of operations) See chapter 4 (General provisions), part 4 (Provisions about return of operations) generally for requirements about return of operations required to be given under the Act.

s 249 184 Nature Conservation Regulation 1994 s 251 Division 9 Wildlife farming licences Subdivision 1 Purpose of division 249 Purpose of div 9 (1) The purpose of this division is to allow particular persons to farm a protected animal without adversely affecting the conservation of the animal. (2) The purpose is achieved by— (a) allowing the chief executive to grant a wildlife farming licence only in limited circumstances; and (b) restricting the things that a person may do under the licence; and (c) regulating the activities of persons acting under the licence. Subdivision 2 Restriction on grant of wildlife farming licences 250 Restriction on animals for which licence may be granted The chief executive may grant a wildlife farming licence for only a farm animal. 251 Restriction on grant of licence for particular reptiles (1) This section applies only to a reptile of the family Elapidae, Hydrophiidae or Laticaudidae. (2) The chief executive may grant a wildlife farming licence for the reptile only if the chief executive is satisfied the reptile is to be kept for collecting venom to produce antivenene for humans.

s 252 185 Nature Conservation Regulation 1994 s 254 Subdivision 3 Things authorised by wildlife farming licences 252 Holder may keep, use and process animals (1) A holder, or a relevant person for the holder, of a wildlife farming licence may— (a) buy or accept an animal of a species identified on the licence; and (b) keep, use, other than display, and process an animal of a species identified on the licence at the licensed premises for the licence; and (c) display a live animal of a species identified on the licence at the licensed premises for the licence or in a travelling or temporary display. (2) However, subsection (1) only authorises the holder or relevant person to display an animal for an approved display purpose. Subdivision 4 Carrying out activities under wildlife farming licence 253 Requirement about identifying animal taken from the wild (1) This section applies if a holder of a wildlife farming licence keeps, under the licence, an animal that was taken from the wild. (2) The holder must ensure the animal is identified in the way approved for the animal by the chief executive. Maximum penalty—80 penalty units. 254 Sampling or implanting particular reptiles (1) This section applies if a holder of a wildlife farming licence keeps a reptile of the family Elapidae, Hydrophiidae or Laticaudidae under the licence. (2) The holder must ensure either—

s 255 186 Nature Conservation Regulation 1994 s 256 (a) a biological tissue sample is taken from the reptile, or its offspring, and given to an approved scientific institution; or (b) an approved electromagnetic implant is inserted into the reptile, or its offspring, and the chief executive is given a written notice stating the identification code for the implant. Maximum penalty—165 penalty units. 255 Complying with relevant code (1) A holder, or a relevant person for the holder, of a wildlife farming licence for crocodiles must comply with the crocodile code to the extent the code relates to the way a farm crocodile must be kept and used. Maximum penalty—80 penalty units. (2) A holder, or a relevant person for the holder, of a wildlife farming licence for emus must comply with the emu code when to the extent the code relates to the way a farm emu must be kept and used. Maximum penalty—80 penalty units. (3) In this section— crocodile code means the document called ‘Code of practice—Crocodile farming’, approved by the chief executive under section 174A 88 of the Act. 256 Way animal may be displayed (1) A person displaying an animal under a wildlife farming licence must display the animal in a way that ensures the following are minimised— (a) the likelihood of the animal’s escape; 88 Section 174A (Chief executive may make codes of practice) of the Act Note, a copy of the code of practice is open for public inspection, during office hours on business days, at the department’s head office at 160 Ann Street, Brisbane and each regional office of the department (see section 174A(3) of the Act).

s 257 187 Nature Conservation Regulation 1994 s 259 (b) the risk of injury to a person; (c) the risk of injury or ill-health to the animal. Maximum penalty—80 penalty units. (2) A person complies with subsection (1) if the person complies with the exhibition code to the extent the code is relevant to the way in which animals should be displayed. (3) Also, the person must not display an animal that has visible signs of illness or injury unless the holder of the licence has written approval for the display from the chief executive. Maximum penalty—80 penalty units. 257 Animal must be supervised while being displayed (1) This section applies if a person displays an animal to the public under a wildlife farming licence. (2) The person must ensure the animal is supervised by the holder, or a relevant person for the holder, of the licence at all times while it is being displayed. Maximum penalty—80 penalty units. 258 Restriction on acts animal may be required to do (1) This section applies if a person displays an animal under a wildlife farming licence. (2) The person must not require the animal to do an act the animal would not normally do in the wild, unless the holder of the licence has written approval from the chief executive for requiring the animal to do the act. Maximum penalty—80 penalty units. 259 Handling dangerous animals A holder of a wildlife farming licence must not allow a person to handle a live dangerous or venomous animal kept under the licence unless the person— (a) is a relevant person for the holder; and

s 260 188 Nature Conservation Regulation 1994 s 261 (b) has appropriate training for handling the animal. Maximum penalty—80 penalty units. 260 Requirement to keep record book (1) A holder of a wildlife farming licence must keep a record book supplied by the chief executive for the licence. 89 Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder keeps the book for the holder. (3) This section is subject to any provision of a conservation plan about the keeping of a record book for a wildlife farming licence for an animal to which the plan relates. 261 Requirement to give return of operations (1) A holder of a wildlife farming licence must give the chief executive a return of operations that complies with section 454 90 for the licence. Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder gives the return to the chief executive for the holder. (3) This section is subject to any provision of a conservation plan about the giving of a return of operations for a wildlife farming licence for an animal to which the plan relates. 89 See chapter 4 (General provisions), part 3 (Provisions about record books) for the requirements for record books required to be kept under the Act. 90 Section 454 (Form and nature of return of operations) See chapter 4 (General provisions), part 4 (Provisions about return of operations) generally for requirements about return of operations required to be given under the Act.

s 262 189 Nature Conservation Regulation 1994 s 264 Division 10 Museum licences Subdivision 1 Preliminary 262 Purpose of div 10 (1) The purpose of this division is to allow a State museum to take, keep and use a protected, international or prohibited animal without adversely affecting the conservation of the animals. (2) The purpose is achieved by— (a) allowing the chief executive to grant a museum licence only in limited circumstance; and (b) limiting the things that a person acting under a museum licence is authorised to do under the licence; and (c) regulating the activities of persons acting under the licence. 263 Definition for div 10 In this division— State museum means a non-profit institution that— (a) is owned or administered by the Commonwealth or a State; and (b) has, as a function, the preservation of information in any branch of the natural sciences about animals. Subdivision 2 Restrictions on grant of museum licences 264 Restriction on persons to whom licence may be granted The chief executive may grant a museum licence only to a State museum.

s 265 190 Nature Conservation Regulation 1994 s 267 265 Restriction on animals for which licence may be granted The chief executive may grant a museum licence only for any of the following— (a) a live or dead protected or international animal; (b) a dead prohibited animal. 266 Restriction on grant of licence authorising display (1) The chief executive may grant a museum licence allowing a State museum to display, under the licence, a live protected or international animal in an exhibit only if the chief executive is satisfied— (a) the museum has the facilities to comply with the requirements under the exhibition code for exhibits or facilities associated with exhibits, to the extent the requirements are not inconsistent with the prescribed criteria; and (b) the exhibit in which the animal for which the application is made will be displayed complies with the prescribed criteria for an exhibit for the animal. (2) For subsection (1), the chief executive grants a museum licence allowing the State museum to display a live protected or international animal if the chief executive writes on the licence that the State museum may display the live animal under the licence. Subdivision 3 Things authorised by museum licences 267 Holder may take, keep, use and process particular animals (1) A holder, or a relevant person for the holder, of a museum licence for a protected, international or prohibited animal may—

s 268 191 Nature Conservation Regulation 1994 s 268 (a) take a protected animal of a species identified on the licence from the place stated on the licence from where the animal may be taken; and (b) buy or accept an animal of a species identified on the licence; and (c) keep, use and process a live protected or international animal, or dead prohibited animal, of a species identified on the licence at the licensed premises for the licence; and (d) if the chief executive has written on the licence that the holder may display, under the licence, a live protected or international animal of a species identified on the licence—display a live animal of a species on the licence at the licensed premises for the licence. (2) However, subsection (1) does not authorise the holder or relevant person to— (a) take, keep, use or process an animal for a bioprospecting activity; or (b) take an animal for display as a live animal. Note — The holder of a museum licence could also be granted 1 or more other licences under this regulation authorising the holder to take, keep, use or process animals for a bioprospecting activity. (3) Also, subsection (1) only authorises the holder or relevant person to display a live animal for an approved display purpose. Subdivision 4 Carrying out activities under museum licences 268 Where animals may be displayed A person displaying a live animal under a museum licence must display the animal in permanent enclosures that form an integral part of the display. Maximum penalty—80 penalty units.

s 269 192 Nature Conservation Regulation 1994 s 271 269 Way animal may be displayed (1) A person who displays a live animal under a museum licence must display the animal in a way that ensures the following are minimised— (a) the likelihood of the animal’s escape; (b) the risk of injury to a person; (c) the risk of injury or ill-health to the animal. Maximum penalty—80 penalty units. (2) A person complies with subsection (1) if the person complies with the exhibition code to the extent the code is relevant to the way in which animals should be displayed. (3) Also, the person must not display an animal that has visible signs of illness or injury unless the holder of the licence has written approval for the display from the chief executive. Maximum penalty—80 penalty units. 270 Requirement to supervise animal while being displayed (1) This section applies if a person displays a live animal to the public under a museum licence. (2) The person must ensure the animal is supervised by the holder, or a relevant person for the holder, at all times while it is being displayed. Maximum penalty—80 penalty units. 271 Restriction on acts animal may be required to do (1) This section applies if a person displays a live animal under a museum licence. (2) The person must not require the animal to do an act the animal would not normally do in the wild, unless the holder of the licence has written approval from the chief executive for requiring the animal to do the act. Maximum penalty—80 penalty units.

s 272 193 Nature Conservation Regulation 1994 s 274 272 Handling dangerous animals A holder of a museum licence must not allow a person to handle a live dangerous or venomous animal kept under the licence unless the person— (a) is a relevant person for the holder; and (b) has appropriate training for handling the animal. Maximum penalty—80 penalty units. 273 Requirement to keep record book (1) A holder of a museum licence must keep a record book supplied by the chief executive for the licence. 91 Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder keeps the book for the holder. (3) This section is subject to any provision of a conservation plan about the keeping of a record book for a museum licence for an animal to which the plan relates. 274 Requirement to give return of operations (1) A holder of a museum licence for an animal must give the chief executive a return of operations that complies with section 454 92 for the licence. Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder gives the return to the chief executive for the holder. 91 See chapter 4 (General provisions), part 3 (Provisions about record books) for the requirements for record books required to be kept under the Act. 92 Section 454 (Form and nature of return of operations) See chapter 4 (General provisions), part 4 (Provisions about return of operations) generally for requirements about return of operations required to be given under the Act.

s 275 194 Nature Conservation Regulation 1994 s 276 (3) This section is subject to any provision of a conservation plan about the giving of a return of operations for a museum licence for an animal to which the plan relates. Part 5 Permits for taking, keeping or using animals Division 1 Preliminary 275 Permits that may be granted The chief executive may grant the following permits under this part— (a) damage mitigation permit; (b) educational purposes permit; (c) permit to keep protected wildlife; (d) rehabilitation permit; (e) scientific purposes permit; (f) commercial whale watching permit. Division 2 General restrictions on grant for all permits 276 General restriction on grant of permits to children The chief executive may grant a permit to a child only if— (a) the child and the child’s parents or guardians live at the premises for which the permit is granted; and (b) the chief executive is satisfied the parents or guardians will supervise the child while the child is carrying out activities under the permit; and

s 277 195 Nature Conservation Regulation 1994 s 279 (c) the chief executive states the name of the parents or guardians on the permit. 277 Restriction on grant of particular permits to children if weapon involved The chief executive can not grant any of the following permits to a child if the permit is for an activity for which a weapon is to be used— (a) a damage mitigation permit; (b) an educational purposes permit; (c) a scientific purposes permit. Division 3 Damage mitigation permits Subdivision 1 Purpose of division 278 Purpose of div 3 The purpose of this division is to allow a person to take, keep and use a protected animal if the animal— (a) is causing, or may cause, damage to property; or (b) represents a threat to human health or wellbeing. Subdivision 2 Restrictions on grant of damage mitigation permit 279 Restriction on animals for which permit may be granted The chief executive may grant a damage mitigation permit only for a— (a) a near threatened or least concern animal; or (b) an endangered, vulnerable or rare animal if a conservation plan allows a holder of a damage mitigation permit to take the animal under the permit.

s 280 196 Nature Conservation Regulation 1994 s 281 280 Restriction on purposes for which permit may be granted The chief executive may grant a damage mitigation permit only for 1 or both of the following purposes— (a) to prevent damage or loss caused, or likely to be caused, by a protected animal; (b) to prevent or minimise a threat, or potential threat, to human health and wellbeing caused by a protected animal. 281 Restriction on grant of permit for damage or loss The chief executive may grant a damage mitigation permit for damage or loss caused, or likely to be caused, by a protected animal only if the chief executive is satisfied— (a) the animal is causing, or may cause, damage; and (b) the land-holder of the land on which the animal is causing, or may cause, damage has made a reasonable attempt to prevent or minimise the damage and the action taken has not prevented or minimised the damage; and (c) if the damage is not prevented or controlled— (i) individuals may suffer significant economic loss; or (ii) the ecological sustainability of nature is likely to be harmed; and (d) action under the permit will not adversely affect the survival in the wild of the animal; and (e) the proposed way of taking the animal is humane and not likely to cause unnecessary suffering to the animal. Examples, for paragraph (b), of action that may be taken to prevent or minimise damage caused by an animal — 1 Taking measures, for example, installing a fence or other enclosure, to prevent the animal from accessing the land, or property on the land, on which the animal is causing or may cause damage.

s 282 197 Nature Conservation Regulation 1994 s 283 2 Using an audio or visual device or other thing to deter the animal from accessing the land, or property on the land, on which the animal is causing or may cause damage. 282 Restriction on grant of permit for threat to human health and wellbeing The chief executive may grant a damage mitigation permit for a threat, or potential threat, to human health and wellbeing caused by a protected animal only if the chief executive is satisfied— (a) there is, or may be, a threat to a person’s health and wellbeing resulting from harm caused by the animal to the person; and (b) action under the permit will not detrimentally affect the survival of the animal in the wild; and (c) the proposed way of taking the animal is humane and not likely to cause unnecessary suffering to the animal; and (d) if the animal is a protected reptile— (i) the reptile will be released into the wild; or (ii) a conservation plan for the reptile allows a holder of a damage mitigation permit to keep the reptile under the permit. Subdivision 3 Things authorised by damage mitigation permit 283 Holder may take particular animals (1) A holder, or a relevant person for the holder, of a damage mitigation permit may do the following— (a) take an animal of a species identified on the permit from the place stated on the permit from where the animal may be taken; (b) if it is stated on the permit that the holder may remove or otherwise deal with an animal breeding place used by

s 284 198 Nature Conservation Regulation 1994 s 284 the animal—remove the place or deal with the place in the way stated on the permit; (c) if it is stated on the permit that the holder may release the animal—release the animal into habitat suitable for the animal. (2) Subsection (1) does not authorise the holder or relevant person to keep or use an animal under the permit. Subdivision 4 Carrying out activities under damage mitigation permit 284 Requirement to give return of operations (1) A holder of a damage mitigation permit for an animal must give the chief executive a return of operations that complies with section 454 93 for the permit. Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder gives the return to the chief executive for the holder. (3) This section is subject to any provision of a conservation plan about the giving of a return of operations for a damage mitigation permit for an animal to which the plan relates. 93 Section 454 (Form and nature of return of operations) See chapter 4 (General provisions), part 4 (Provisions about return of operations) generally for requirements about return of operations required to be given under the Act.

s 285 199 Nature Conservation Regulation 1994 s 287 Division 4 Educational purposes permits Subdivision 1 Purpose of division 285 Purpose of div 4 The purpose of this division is to allow particular persons to take, use or keep a protected animal for a genuine educational purpose. Subdivision 2 Restriction on grant for educational purposes permit 286 Restriction on persons to whom permit may be granted (1) The chief executive may grant an educational purposes permit for a protected animal to a person only if— (a) for an individual—the chief executive is satisfied the person— (i) either— (A) holds a tertiary qualification relevant to the activities to be carried out under the permit; or (B) has demonstrated experience and knowledge in relation to the activities to be carried out under the permit; and (ii) has experience in the care and husbandry of the species of animals for which the permit is to be granted; or (b) for a corporation—the corporation is an educational institution or organisation. 287 Restriction on purposes for which permit may be granted The chief executive may grant an educational purposes permit for a protected animal only if the chief executive is satisfied—

s 288 200 Nature Conservation Regulation 1994 s 289 (a) the purpose for which the animal is proposed to be taken, used or kept under the permit is a genuine educational purpose; and (b) the applicant for the permit will not, or does not intend to, make a financial benefit from taking, keeping or using the animal under the permit. Subdivision 3 Things authorised by educational purposes permit 288 Holder may take, keep and use particular animals (1) A holder, or a relevant person for a holder, of an educational purposes permit may— (a) if the chief executive has written on the permit that the holder of the permit may take an animal of a species identified on the permit—take an animal of a species identified on the permit from the place stated on the permit as the place from where the animal may be taken; and (b) buy or accept an animal of a species identified on the permit; and (c) keep and use, other than sell or give away, an animal of a species identified on the permit at the licensed premises for the permit. (2) However, subsection (1) does not authorise the holder or relevant person to use the animal for a commercial purpose. Subdivision 4 Carrying out activities under educational purposes permit 289 Requirement to give return of operations (1) A holder of an educational purposes permit for an animal must give the chief executive a return of operations that

s 290 201 Nature Conservation Regulation 1994 s 291 complies with section 454 94 for the permit. Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder gives the return to the chief executive for the holder. (3) This section is subject to any provision of a conservation plan about the giving of a return of operations for educational purposes permit for an animal to which the plan relates. Division 5 Permit to keep protected wildlife Subdivision 1 Purpose of division 290 Purpose of div 5 The purpose of this division is to allow a person to keep a protected animal if there is no other licence, permit or other authority under the Act that would be appropriate for allowing the person to keep the animal. Subdivision 2 Restriction on grant of permit to keep protected wildlife 291 Restriction on purposes for which permit may be granted The chief executive may grant a permit to keep protected wildlife for a protected animal only for 1 or more of the following purposes— (a) to keep an animal taken under a rehabilitation permit; (b) to keep an animal that has been taken and kept under a law of another State; 94 Section 454 (Form and nature of return of operations) See chapter 4 (General provisions), part 4 (Provisions about return of operations) generally for requirements about return of operations required to be given under the Act.

s 292 202 Nature Conservation Regulation 1994 s 293 (c) to temporarily keep an animal that has been kept and used under a relevant authority, other than a rehabilitation permit, that has ended; (d) to keep an animal that is being kept and used under a wildlife exhibitor licence, wildlife farming licence or museum licence. 292 Restriction on grant of permit for animals taken under rehabilitation permit (1) This section applies to a protected animal taken under a rehabilitation permit. (2) The chief executive may grant a permit to keep protected wildlife for the animal to a person only if— (a) the chief executive reasonably believes the animal will not, or is unlikely to, survive in the wild, including, for example, because of the nature of the animal’s sickness or injury; and (b) the chief executive has notified the holder of the permit, in writing, that the animal must not be returned to the wild; and (c) for an animal other than a relevant protected animal—the chief executive is satisfied the animal will contribute to the rehabilitation of animals of the same species or closely related species; and (d) if there is an approved captive breeding program for animals of the same species—the person is a participant in the captive breeding program (3) In this section— approved captive breeding program , for a species of animal, means a program for the captive breeding for the species that has been approved by the chief executive. 293 Restriction on grant of permit for animal from another State (1) This section applies to a person who— (a) resides or has resided in another State; and

s 294 203 Nature Conservation Regulation 1994 s 295 (b) has kept, in that other State, a protected animal under a law of that other State. (2) The chief executive may grant a permit to keep protected wildlife for the animal to the person only if the chief executive is satisfied— (a) the person resides, or intends to reside, in the State; and (b) the person intends to keep the animal for the term of its natural life; and (c) the person intends to keep, but not use, the animal under the permit. 294 Restriction on grant of permit for animal kept under expired authority (1) This section applies if— (a) a person kept a live protected animal under a relevant authority, other than a rehabilitation permit; and (b) the authority has ended or is about to end. (2) The chief executive may grant a permit to keep protected wildlife for the animal to the person only if— (a) the animal is not a relevant protected animal; and (b) the chief executive is satisfied the person intends— (i) to keep, but not use, the animal under the permit; and (ii) to keep the animal under the permit only temporarily. 295 Restriction on grant of permit to holders of particular authorities (1) This section applies if a holder of a wildlife exhibitor licence, wildlife farming licence or museum licence keeps a live protected animal under the licence. (2) The chief executive may grant a permit to keep protected wildlife for the animal to the holder only if the chief executive

s 296 204 Nature Conservation Regulation 1994 s 297 is satisfied the person intends to keep, but not use, the animal under the permit. Subdivision 3 Things authorised by permit to keep protected wildlife 296 Holder may keep animal A holder of a permit to keep protected wildlife for a protected animal may keep an animal of a species identified on the permit at the licensed premises for the licence. 297 Holder may move animal to another holder if no longer keeping animals (1) This section applies if— (a) a holder of a permit to keep protected wildlife keeps an animal under the permit; and (b) the holder— (i) has decided to dispose of all animals kept by the holder; or (ii) is no longer able to keep the animal because the holder’s personal circumstances have changed; and Examples for subparagraph (ii) — 1 The person is no longer able to keep the animal because of injury, illness or old age. 2 The person is no longer able to keep the animal because the person has moved to a place where the person cannot keep the animal because the place does not have the appropriate facilities to keep the animal or is not large enough to keep all the animals the person usually keeps. (c) the holder has written approval from the chief executive to give the animal to the holder of a relevant authority for the animal, or a relevant person for the holder of the relevant authority. (2) The holder of the permit to keep protected wildlife may, without a wildlife movement permit, move the animal to the

s 298 205 Nature Conservation Regulation 1994 s 299 place where the holder of the relevant authority, or a relevant person for the holder of the relevant authority, intends to keep the animal under the authority. (3) However, subsection (2) does not authorise the movement of a prescribed protected animal— (a) to another country; or (b) into another State if the movement is, whether directly or indirectly, associated with— (i) moving the animal to another country; or (ii) selling, giving or moving the animal to a person in another country. 298 Holder may move animal to an institution if asked by chief executive (1) This section applies if— (a) a holder of a permit to keep protected wildlife keeps an animal under the permit; and (b) the chief executive has asked the holder to give the animal to a zoological institution for captive breeding. (2) The holder may, without a wildlife movement permit, move the animal to the zoological institution. 299 Holder may move particular birds (1) This section applies if the holder of a permit to keep protected wildlife— (a) keeps only 1 bird under the permit; and (b) the bird suffers from a behavioural disorder known as human imprinting. (2) The holder may, without a wildlife movement permit, move the bird to or from any place within the State.

s 300 206 Nature Conservation Regulation 1994 s 302 Subdivision 4 Carrying out activities under permits to keep protected wildlife 300 Breeding (1) A holder of a permit to keep protected wildlife who keeps an animal, other than a bird, under the permit must not allow the animal to breed unless the holder of the permit has written approval for the breeding from the chief executive. Maximum penalty—165 penalty units. (2) Also, the holder must, if asked by the chief executive, give the chief executive a certificate from a veterinary surgeon stating the animal kept under the permit is incapable of breeding because of permanent surgical or chemical sterilisation. Maximum penalty—20 penalty units. 301 Requirement to keep record book (1) This section applies if a holder of a permit to keep protected wildlife keeps an animal under the permit that is breeding, or has bred, while being kept by the holder under the permit. (2) The holder must keep a record book supplied by the chief executive for the permit. 95 Maximum penalty—120 penalty units. (3) The holder complies with subsection (2) if a relevant person for the holder keeps the book for the holder. (4) This section is subject to any provision of a conservation plan about the keeping of a record book for a permit to keep protected wildlife for an animal to which the plan relates. 302 Requirement to give return of operations (1) This section applies to a holder of a permit to keep protected wildlife if— 95 See chapter 4 (General provisions), part 3 (Provisions about record books) for the requirements for record books required to be kept under the Act.

s 303 207 Nature Conservation Regulation 1994 s 303 (a) the holder keeps an animal under the permit; and (b) either— (i) the holder is required to keep a record book for the animal; or (ii) the animal dies or escapes. (2) The holder must give the chief executive a return of operations that complies with section 454 96 for the permit. Maximum penalty—120 penalty units. (3) The holder complies with subsection (2) if a relevant person for the holder gives the return to the chief executive for the holder. (4) This section is subject to any provision of a conservation plan about the giving of a return of operations for a permit to keep protected wildlife for an animal to which the plan relates. Division 6 Rehabilitation permits Subdivision 1 Purpose of division 303 Purpose of div 6 The purpose of this division is to allow particular persons to care for and rehabilitate— (a) a sick, injured or orphaned protected animal; or (b) a protected animal whose habitat has been, or will be, destroyed by human activity or a natural disaster. 96 Section 454 (Form and nature of return of operations) See chapter 4 (General provisions), part 4 (Provisions about return of operations) generally for requirements about return of operations required to be given under the Act.

s 304 208 Nature Conservation Regulation 1994 s 307 Subdivision 2 Restrictions on grant of rehabilitation permits 304 Restriction on persons to whom permit may be granted The chief executive can not grant a rehabilitation permit for a protected animal to a person unless the chief executive is satisfied the person intends to rehabilitate the animal and return it to an appropriate natural habitat for the animal. 97 305 Restriction on grant of permit to voluntary wildlife care associations The chief executive can not grant a rehabilitation permit for a protected animal to a voluntary wildlife care association unless— (a) the association does not engage in commercial activities, other than fund raising for the objects of the association; and (b) the chief executive is satisfied the officers of the association are appropriate persons to hold the permit. 306 Restriction on animals for which permit may be granted The chief executive may grant a rehabilitation permit only for a protected animal. Subdivision 3 Things authorised by rehabilitation permits 307 Holder may obtain and keep particular animals (1) The holder, or a relevant person for the holder, of a rehabilitation permit may do any of the following— 97 See also the Nature Conservation (Dugong) Conservation Plan 1999 , section 4 (Restriction on grant of rescue permits for dugong) for an additional restriction on grant for rehabilitation permits for dugong.

s 308 209 Nature Conservation Regulation 1994 s 309 (a) obtain and keep a sick, injured or orphaned animal of a species identified on the permit; (b) obtain and keep an animal of a species identified on the permit whose habitat has been destroyed by human activity or a natural disaster; (c) if stated on the rehabilitation permit—obtain and keep an animal of a species identified on the permit whose habitat is about to be destroyed by human activity. (2) However, subsection (1) only authorises the holder or relevant person to keep the animal at the holder’s or person’s place of residence. (3) Also, the holder of the permit may limit the species of animals that a relevant person may obtain or keep under the permit by giving the person a copy of the permit with the animals the person may not obtain or keep crossed out. (4) In this section— obtain , an animal, means take the animal or accept the animal from another person. 308 Holders may take particular dead animals for feeding particular animals (1) The holder, or a relevant person for the holder, of a rehabilitation permit for a bird of prey may take a dead least concern animal, other than a special native animal, if the dead animal is taken to feed the bird of prey kept under the permit. (2) In this section— bird of prey means a bird of any of the following families— (a) Accitripidae; (b) Falconidae; (c) Strigidae. 309 Particular holders may display particular animals (1) This section applies if—

s 310 210 Nature Conservation Regulation 1994 s 310 (a) the holder of a rehabilitation permit is a voluntary wildlife care association; and (b) the chief executive has given the holder a written approval allowing the person to display an animal kept under the permit. (2) The holder, or a relevant person for the holder, may display the animal. (3) For subsection (1)(b), the chief executive may give the written approval only if the chief executive is satisfied— (a) the animal does not have any visible signs of illness or injury; and (b) the purpose of the display is— (i) an approved display purpose; or (ii) to raise funds to assist in providing care and treatment for animals kept under the permit. 310 Holder may move animals in particular circumstances A holder of a rehabilitation permit who keeps a protected animal under the permit may, without a wildlife movement permit, move the animal— (a) from the place where the animal is kept under the permit to— (i) a place, within the State, where the holder of another rehabilitation permit is to care for the animal; or (ii) to an appropriate natural habitat; or (iii) if the chief executive has asked the holder to give the animal to another person—to the place where the other person intends to keep the animal; or (b) if the holder is a volunteer wildlife care association—to and from the place where the wildlife is to be displayed if the holder has written approval from the chief executive for the display.

s 311 211 Nature Conservation Regulation 1994 s 312 Subdivision 4 Carrying out activities under rehabilitation permits 311 Way animal must be kept (1) A person who keeps an animal under a rehabilitation permit must keep the animal in a way that will, or is likely to, rehabilitate the animal so that it can be returned to the wild. Maximum penalty—80 penalty units. (2) A person complies with subsection (1) if the person keeps the animal in a way that complies with the rehabilitation code to the extent the code provides for how an animal should be rehabilitated. (3) In this section— rehabilitation code means the document called ‘Code of Practice—Care of Orphaned, Sick or Injured Protected Animals by Wildlife Care Volunteers’, approved by the chief executive under section 174A 98 of the Act. 312 Returning animal to natural habitat (1) A person who keeps an animal under a rehabilitation permit must return the animal to an appropriate natural habitat for the animal— (a) if the chief executive has stated on the permit that the animal must be returned to the wild on a particular day—the particular day; or (b) otherwise—when the animal is able to again live in the habitat. Maximum penalty—80 penalty units. (2) Subsection (1) does not apply if— (a) the animal dies or escapes; or 98 Section 174A (Chief executive may make codes of practice) of the Act Note, a copy of the code of practice is open for public inspection, during office hours on business days, at the department’s head office at 160 Ann Street, Brisbane and each regional office of the department (see section 174A(3) of the Act).

s 313 212 Nature Conservation Regulation 1994 s 314 (b) the chief executive has given the holder of the permit a written notice stating that the animal should not be returned to the wild. Division 7 Scientific purposes permit Subdivision 1 Preliminary 313 Purpose of div 7 The purpose of this division is to allow particular persons to take, keep or use a protected, international or prohibited animal only for conducting scientific research for a genuine scientific purpose. 314 Definitions for div 7 In this division— minimum distance , for a whale or dolphin, means the minimum distance permitted under the Nature Conservation (Whales and Dolphins) Conservation Plan 1997 . 99 scientific research , in relation to a whale or dolphin, includes research involving any of the following— (a) the temporary capture of a whale or dolphin; (b) attaching a tracking device to a whale or dolphin; (c) taking biological samples from a whale or dolphin; (d) the use of a floating platform for commercial filming of whales or dolphins; (e) approaching a whale or dolphin, at a closer distance than the minimum distance for the whale or dolphin, for interacting with or observing the whale or dolphin. 99 See the Nature Conservation (Whales and Dolphins) Conservation Plan 1997 , section 6 (Proximity to whales or dolphins) or, for special interest whales or dolphins, 18 (Person must not bring boat or aircraft closer to whale or dolphin).

s 315 213 Nature Conservation Regulation 1994 s 316 Subdivision 2 Restrictions on grant of scientific purposes permit 315 Restriction on persons to whom permit may be granted (1) The chief executive may grant a scientific purposes permit to a person only if— (a) the person is, or is associated with, any of the following— (i) a tertiary or other institution administered by the Commonwealth or a State; or (ii) an entity that is involved in scientific research; and (b) if the person is an individual—the individual— (i) is receiving, or has completed, postgraduate training in scientific research relevant to the activities the person proposes to carry out under the permit; or (ii) has achieved a satisfactory level of competence in scientific research relevant to the activities the person proposes to carry out under the permit. (2) Also, the chief executive may grant a scientific purposes permit to a person associated with an institution or entity only if the chief executive is satisfied the way the scientific purpose is to be achieved is consistent with the requirements of the institution or entity. 316 Restriction on grant of permit allowing animal to be taken (1) The chief executive may grant a scientific purposes permit for a protected animal allowing the holder to take the animal only if the chief executive is satisfied— (a) the animal is to be taken, kept, used or processed for research that will, or is likely to, make a significant contribution to community knowledge about the matter for which the research is carried out; and (b) the animal is not intended to be taken, kept, used or processed for a commercial purpose; and

s 317 214 Nature Conservation Regulation 1994 s 318 (c) it is necessary to take the animal from the wild, including, for example, because there are no animals of the same species in captivity that are available or appropriate for the research that is to be carried out under the permit. (2) For subsection (1), the chief executive grants a scientific purposes permit allowing the holder to take a protected animal if the chief executive writes on the permit that the holder may take the animal. 317 Restriction on grant of permit for whales or dolphins (1) The chief executive may grant a scientific purposes permit for whales or dolphins only if the whale or dolphin is to be taken, kept, used or processed for scientific research that has been recommended by— (a) the scientific advisory committee; or (b) a person who is recognised in the whale or dolphin research community as a person who is highly experienced and qualified in research about whales or dolphins. (2) In this section— scientific advisory committee means the scientific advisory committee established under section 132 of the Act. whale or dolphin research community means the group of academics in the field of research about whales or dolphins. Subdivision 3 Things authorised by scientific purposes permit 318 Holder may take, keep, use and process animals (1) A holder, or a relevant person for the holder, of a scientific purposes permit may— (a) if the chief executive has written on the permit that the holder of the permit may take an animal of a species identified on the permit—take an animal of a species

s 319 215 Nature Conservation Regulation 1994 s 319 identified on the permit from the place stated on the permit as a place from where the animal may be taken; and (b) keep, use, other than sell or give away, and process the animal identified on the permit at the licensed premises for the permit. (2) Also, the holder, or a relevant person for the holder, may give a part of an animal kept under the permit to a person who intends to keep and use the part of the animal under section 156. 100 Subdivision 4 Carrying out activities under scientific purposes permit 319 Requirement to give return of operations (1) A holder of a scientific purposes permit for an animal must give the chief executive a return of operations that complies with section 454 for the permit. 101 Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder gives the return to the chief executive for the holder. (3) This section is subject to any provision of a conservation plan about the giving of a return of operations for a scientific purposes permit for an animal to which the plan relates. 100 Section 156 (Exemption for educational or scientific purposes) 101 Section 454 (Form and nature of return of operations) See chapter 4 (General provisions), part 4 (Provisions about return of operations) generally for requirements about return of operations required to be given under the Act.

s 320 216 Nature Conservation Regulation 1994 s 321 Division 8 Commercial whale watching permit Subdivision 1 Purpose of division 320 Purpose of div 8 The purpose of this division is to allow particular persons to observe or interact with a whale for a commercial purpose in areas outside protected areas or other areas managed under the Marine Parks Act 1982 . 102 Subdivision 2 Restriction on grant of commercial whale watching permit 321 General restriction on grant of commercial whale watching permit The chief executive can not grant a commercial whale watching permit unless the chief executive is satisfied— (a) the area proposed for whale watching is appropriate for whale watching, having regard to— (i) any potential impact whale watching may have on whales, their behaviour, and migration patterns in the area; and (ii) the existing public use and enjoyment of the area; and (iii) any proposed future public use and enjoyment of the area; and (b) the content and presentation of any education program provided as part of the whale watching is of an appropriate standard. 102 See also the Nature Conservation (Whales and Dolphins) Conservation Plan 1997 , section 10 (Commercial whale watching).

s 322 217 Nature Conservation Regulation 1994 s 322 322 Restriction on areas for which permit may be granted (1) The chief executive can not grant a commercial whale watching permit for the following areas— (a) the part of the Whitsunday Management Area of the Townsville/Whitsunday Marine Park that is shown as an area of special interest for whales on the map of the Whitsunday Management Area included in the whale and dolphin management program; (b) Queensland waters between latitude 24º30' south and latitude 25º30' south if there are 20 or more current permits for the area; 103 (c) Queensland waters between latitude 25º30' south and latitude 27º05' south including all waters in Moreton Bay west of Moreton, North Stradbroke and South Stradbroke Islands if there are 3 or more current permits for the area; 104 (d) Queensland waters south of latitude 27º05' south excluding all waters in Moreton Bay west of Moreton, North Stradbroke and South Stradbroke Islands. 105 (2) In this section— current permit means— (a) a permission under the Marine Parks Act 1982 ; and (b) a commercial whale watching permit granted under this part. whale and dolphin management program means the management program for the conservation of whales and dolphins in Queensland that forms part of the document called ‘Conservation and management of whales and dolphins in Queensland 1997–2001’, published by the department. 106 103 Latitude 24º30' south is approximately 20km north of Sandy Cape and latitude 25º30' is approximately 35km north of Inskip Point. 104 Latitude 25º30' south is approximately 35km north of Inskip Point and latitude 27º05' south is approximately 6km south of Cape Moreton. 105 Latitude 27º05' south is approximately 6km south of Cape Moreton. 106 A copy of the document is available for inspection or purchase at the department’s head office and regional offices.

s 323 218 Nature Conservation Regulation 1994 s 324 Subdivision 3 Things authorised by commercial whale watching permit 323 Holder may search, approach and observe whales (1) A holder, or a relevant person for the holder, of a commercial whale watching permit may— (a) search for or approach a whale; and (b) take persons on a commercial tour to observe a whale if the observation does not disturb or interfere with the whale. (2) However, subsection (1) is subject to the prohibitions and other requirements for whales or dolphins, under the Nature Conservation (Whales and Dolphins) Conservation Plan 1997 . 107 (3) In this section— commercial tour means a tour conducted for a commercial purpose. Part 6 Authorities for taking, keeping or using animals Division 1 Preliminary 324 Authorities that may be granted The chief executive may grant the following authorities for a protected animal— (a) an Aboriginal tradition authority; 107 See in particular, the Nature Conservation (Whales and Dolphins) Conservation Plan 1997 , sections 6 (Proximity to whales or dolphins), 7 (Protection of whales and dolphins), 11 (Restriction in area of special interest for whales), 12 (Filming of whales) and 18 (Person must not bring boat or aircraft closer to whale or dolphin).

s 325 219 Nature Conservation Regulation 1994 s 326 (b) an Island custom authority; (c) a collection authority to keep a collection of dead protected wildlife; (d) a collection authority to take and keep least concern wildlife. Division 2 Aboriginal tradition and Island custom authorities Subdivision 1 Preliminary 325 Application of div 2 This division applies only if, under the Act, a person may take, keep or use protected wildlife under Aboriginal tradition or Island custom. 108 Subdivision 2 Restrictions on grant for Aboriginal tradition or Island custom authorities 326 Restriction on persons to whom authority may be granted The chief executive may grant an Aboriginal tradition or Island custom authority for a protected animal only to a corporation whose members represent a community or group of Aborigines or Torres Strait Islanders particularly concerned with the land from where the animal is to be taken. 108 See section 93 (Aborigines’ and Torres Strait Islanders’ rights to take etc. protected wildlife) of the Act.

s 327 220 Nature Conservation Regulation 1994 s 329 327 Restriction on circumstances under which authority may be granted The chief executive may grant an Aboriginal tradition or Island custom authority for a protected animal only if the chief executive— (a) has had regard to any advice given by the corporation named in the application for the authority on the significance, under Aboriginal tradition or Island custom, of the animal covered by the application; and (b) is satisfied the purpose for which the animal is to be taken is of particular significance under Aboriginal tradition or Island custom according to the views of the people regarded by the members of the group the applicant represents as having authority to state the traditional or customary significance of the animal. 328 Restriction on grant of authority for particular marine animals (1) This section applies to an application for the grant of an Aboriginal tradition or Island custom authority for a vulnerable, rare or near threatened marine animal in coastal waters of the State adjacent to the Great Barrier Reef Marine Park. (2) The chief executive may grant the authority only if the chief executive is satisfied the applicant would be eligible for the grant of a permit under the Great Barrier Reef Marine Park Act 1975 (Cwlth) allowing the person to take the animal from within the Great Barrier Reef Marine Park. Subdivision 3 Things authorised by Aboriginal tradition or Island custom authorities 329 Holder may take, keep and use particular animals (1) The holder, or a relevant person for the holder, of an Aboriginal tradition or Island custom authority may—

s 330 221 Nature Conservation Regulation 1994 s 331 (a) take an animal of a species identified on the authority from a place stated on the permit as a place from where the animal may be taken; and (b) keep an animal of a species identified on the authority. (2) Also, the holder or relevant person may use the animal if the use is for the personal, domestic or non-commercial communal needs of the members of the corporation to whom the authority is granted. Division 3 Collection authority to keep collection of dead protected wildlife 330 Holder of authority may keep collection of dead protected wildlife The holder of a collection authority to keep a collection of dead protected wildlife may keep a dead animal of a species identified on the authority at the licensed premises for the permit. Division 4 Collection authority to take and keep least concern wildlife 109 Subdivision 1 Restrictions on grant for collection authority to take and keep least concern wildlife 331 Restriction on persons to whom authority may be granted The chief executive may grant a collection authority to take and keep a least concern animal only to a member of the Australian Defence Force acting for the Defence Force. 109 See also section 147 (Exemption for Australian Defence Force).

s 332 222 Nature Conservation Regulation 1994 s 334 332 Other restriction on grant of authority The chief executive may grant a collection authority to take and keep least concern wildlife for an animal only if the chief executive is satisfied— (a) the animal will be used only for training members of a part of the Australian Defence Force about survival in the wild; and (b) the use of the animal is, or will be, consistent with the military standing order prepared for the part of the Defence Force. Subdivision 2 Things authorised by collection authority to take and keep least concern wildlife 333 Holder may take, keep and use least concern animals (1) The holder, or a relevant person for the holder, of a collection authority to take and keep least concern wildlife may take and keep an animal of a species identified on the authority. (2) Also, the holder, or relevant person, may use the animal for training members of a part of the Australian Defence Force about survival in the wild if the use is consistent with the military standing order prepared for the part of the Defence Force. 334 Holder may move animals for survival training (1) This section applies to a holder of a collection authority to take, keep and use least concern wildlife who takes an animal under the authority. (2) The holder may, without a wildlife movement permit, move the animal to or from any place within the State if the movement is for training members of the Australian Defence Force about survival in the wild.

s 335 223 Nature Conservation Regulation 1994 s 336 Subdivision 3 Carrying out activities under collection authority to take and keep least concern wildlife 335 Requirement to give return of operations (1) The holder of a collection authority to take and keep least concern wildlife must give the chief executive a return of operations that complies with section 454 110 for the authority. Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder gives the return to the chief executive for the holder. (3) This section is subject to any provision of a conservation plan about the giving of a return of operations for a collection authority to take and keep least concern wildlife for an animal to which the plan relates. Part 7 Taking or using protected plants Division 1 Purpose of part 336 Purpose of pt 7 (1) The purpose of this part is to regulate the use of protected plants to ensure the use of the plants does not adversely affect the conservation of the plants. (2) The purpose is achieved by— 110 Section 454 (Form and nature of return of operations) See chapter 4 (General provisions), part 4 (Provisions about return of operations) generally for requirements about return of operations required to be given under the Act.

s 336 224 Nature Conservation Regulation 1994 s 336 (a) restricting the use and movement of protected plants; and (b) providing exemptions for using or moving protected plants for legitimate commercial or recreational purposes; and (c) providing for a licensing scheme that allows only particular persons to take or use protected plants in only particular circumstances; and (d) establishing an approval system for cultivators and propagators. (3) The purpose is also achieved by controlling the sale of protected plants through a combination of the matters mentioned in subsection (2) to minimise the potential for illegally taken protected plants to be used for commercial purposes. (4) The licensing scheme mentioned in subsection (2)(c) and the approval system mentioned in subsection (2)(d) allows the commercial cultivation and propagation of protected plants to ensure the demand for the taking of whole protected plants and protected plant parts in the wild is reduced. (5) Also, granting a person a commercial wildlife licence for protected plants, or approving a person as an authorised cultivator or authorised propagator, enables the person to become eligible to export, under Commonwealth law, protected plants produced by the person.

s 337 225 Nature Conservation Regulation 1994 s 339 Division 2 Restrictions about using protected plants 337 Purpose of div 2 This division states particular restrictions that apply in relation to using or moving protected plants. 111 338 Restriction on using or moving least concern plants A person must not use or move a least concern plant unless— (a) the person holds a licence, permit or other authority granted under the Act that authorises the use or movement; or (b) the person is using or moving the plant under an exemption under division 3; or (c) the Nature Conservation (Protected Plants) Conservation Plan 2000 allows the person to use or move the plant. 112 Maximum penalty—165 penalty units. 339 Restriction on using or moving whole protected plants for commercial purpose A person must not use or move a whole protected plant for a commercial purpose unless— (a) the person holds either or both of the following authorities for the whole protected plant— (i) a commercial wildlife licence; 111 See the following for other restrictions that apply in relation to protected plants— • the Act, sections 89 (Restriction on taking etc. particular protected plants) and 90 (Restriction on using particular protected plants); • the Nature Conservation (Protected Plants) Conservation Plan 2000 , part 3 (Taking, using and keeping protected plants). 112 See the Nature Conservation (Protected Plants) Conservation Plan 2000 , part 4 (Exemptions and authorisations for taking, using and keeping protected plants).

s 340 226 Nature Conservation Regulation 1994 s 340 (ii) a commercial wildlife harvesting licence; 113 or (b) the person is using or moving the plant for a commercial purpose under an exemption under division 3; or (c) the Nature Conservation (Protected Plants) Conservation Plan 2000 allows the person to use or move the plant for a commercial purpose. 114 Maximum penalty—165 penalty units. 340 Restriction on using or moving protected plant parts for commercial purpose A person must not use or move protected plant parts for a commercial purpose unless— (a) the person holds either or both of the following authorities for protected plant parts— (i) a commercial wildlife licence; (ii) a commercial wildlife harvesting licence; 115 or (b) the person is using or moving the plant parts for a commercial purpose under an exemption under division 3; or (c) the Nature Conservation (Protected Plants) Conservation Plan 2000 allows the person to use or move the protected plant parts for a commercial purpose. 116 Maximum penalty—165 penalty units. 113 See, however, section 127(2) (Holder of relevant authority for whole protected plants may move plants). 114 See the Nature Conservation (Protected Plants) Conservation Plan 2000 , part 4 (Exemptions and authorisations for taking, using and keeping protected plants). 115 See, however, section 128(2) and (3) (Holder of relevant authority for protected plant parts may move plant parts). 116 See the Nature Conservation (Protected Plants) Conservation Plan 2000 , part 4 (Exemptions and authorisations for taking, using and keeping protected plants).

s 341 227 Nature Conservation Regulation 1994 s 343 Division 3 Exemptions for using protected plants Subdivision 1 Purpose of division 341 Purpose of div 3 The purpose of this division is to provide exemptions for offences for using protected plants under section 90 117 of the Act and division 2. Subdivision 2 Exemptions for using protected plants generally 342 Exemption for protected plants registered under Plant Breeder’s Rights Act 1994 (Cwlth) (1) A person may, without a relevant authority for using protected plants, use a protected plant for which a plant breeder’s right has been granted under the Plant Breeder’s Rights Act 1994 (Cwlth). (2) However, if asked by a conservation officer, the person must, unless the person has a reasonable excuse, produce evidence that the plant breeder’s right has been granted for the plant. Maximum penalty for subsection (2)—80 penalty units. 343 Exemption for land-holders A land-holder may, without a relevant authority for using protected plants, gain a benefit for allowing a holder of a commercial wildlife harvesting licence to take a protected plant from the land-holder’s land. 117 Section 90 (Restriction on using particular protected plants) of the Act

s 344 228 Nature Conservation Regulation 1994 s 345 Subdivision 3 Exemptions for using whole protected plants 344 Definition for sdiv 3 In this subdivision— approved way , for propagating a protected plant, means the plant is propagated— (a) by using only reproductive or propagating material that was obtained lawfully; and (b) under controlled conditions. controlled conditions , in relation to propagating a protected plant, means the plant’s reproduction and growth is actively manipulated by nursery operations, including, for example, potting, bedding, watering and protection from the weather. 345 Exemption for whole protected plants propagated by authorised propagator (1) This section— (a) applies only to a whole protected plant that is propagated by an authorised propagator in the approved way; and (b) does not apply to a blue tassel fern ( Huperzia dalhousieana ) or a plant of the family Aponogetonaceae. (2) A person may, without a relevant authority for using whole protected plants, sell or give away the whole protected plant. (3) However, if the plant is a whole type A restricted plant, the person may sell or give away the plant only if— (a) the plant is moved in an unopened sterile flask; or (b) a propagator’s tag— (i) if the plant is sold to a holder of a commercial wildlife licence for the plant—is attached to, or accompanies, the plant; or

s 346 229 Nature Conservation Regulation 1994 s 347 (ii) if the plant is sold to another person—is attached to the plant. (4) For subsection (1), a stock plant is not propagated if the plant is divided less than 12 months after the day it was taken in the wild. (5) If asked by a conservation officer, an authorised propagator must, unless the propagator has a reasonable excuse, give the officer details about— (a) the source of the reproductive or propagating material used in the propagation; and (b) the date on which the material was obtained. 118 Maximum penalty for subsection (5)—165 penalty units. 346 Exemption for selling whole protected plants by retail—type A restricted plants A person may, without a relevant authority for using whole protected plants, sell a whole type A restricted plant by retail if the plant— (a) was bought or accepted from a holder of a commercial wildlife licence for the plant; and (b) has, attached to it, an official tag or propagator’s tag for the plant. 347 Exemption for selling whole protected plants by retail—other protected plants (1) This section applies to a whole protected plant other than a type A restricted plant. (2) A person may, without a relevant authority for using whole protected plants, sell the plant by retail if the plant was bought or accepted from a holder of a commercial wildlife licence for the plant. 118 See also section 394 (Requirement to keep records).

s 348 230 Nature Conservation Regulation 1994 s 349 348 Exemption for selling particular whole protected plants propagated for recreational purposes A person may, without a relevant authority for using whole protected plants, sell or give away a whole protected plant, other than a type A restricted plant if— (a) the person propagated the plant by using reproductive or propagating material that was obtained lawfully; and (b) the person propagated and sold or gave away the plant without reasonable expectation of making a profit from selling or giving away the plant; and (c) the person did not employ or engage another person to propagate, or to sell or give away, the plant; and (d) the person’s activities of propagating and selling or giving away protected plants are not a business, home occupation or home industry under a local law or a planning scheme under the Integrated Planning Act 1997 . Subdivision 4 Exemptions for using protected plant parts 349 Definition for sdiv 4 In this subdivision— approved way , for cultivating a protected plant, means the plant is cultivated— (a) using only reproductive or propagating material that was obtained lawfully; and (b) under controlled conditions. controlled conditions , in relation to cultivating a protected plant, means the plant’s reproduction and growth is actively manipulated including, for example, by irrigation, weed and disease control, tillage and fertilising.

s 350 231 Nature Conservation Regulation 1994 s 352 350 Exemption for using protected plant parts cultivated by authorised cultivator (1) This section applies only to protected plant parts taken from a protected plant that was cultivated by an authorised cultivator in the approved way. (2) A person may, without a relevant authority for using protected plant parts, use the protected plant parts. (3) If asked by a conservation officer, an authorised cultivator must, unless the cultivator has a reasonable excuse, give the officer details about the source of the reproductive or propagating material used for the cultivation. 119 Maximum penalty for subsection (3)—165 penalty units. 351 Exemption for selling protected plant parts by retail A person may, without a relevant authority for protected plant parts, sell by retail a protected plant part if the plant part was bought or accepted from a holder of a commercial wildlife licence for the protected plant. 352 Exemption for particular authority or permit holders (1) This section applies to the holder of— (a) a previous use authority for a protected area who has taken protected plant parts in the protected area under the authority; or (b) a cultural or natural resources permit for a protected area who has taken protected plant parts in the protected area under the permit. (2) The holder may, without a relevant authority for protected plant parts, use the protected plant parts for a commercial purpose. (3) However— (a) the holder may sell the plant parts only to a person who holds a commercial wildlife licence for protected plant 119 See also section 394 (Requirement to keep records).

s 353 232 Nature Conservation Regulation 1994 s 353 parts; and (b) the Nature Conservation (Protected Plants) Conservation Plan 2000 , section 35, 120 applies to the holder as if the holder had taken the plant parts under a commercial wildlife harvesting licence. (4) In this section— cultural or natural resources permit means a permit, granted under chapter 2, part 5, to take, use, keep or interfere with a cultural or natural resource. protected area means a national park (recovery), conservation park or resources reserve. 353 Exemption for using protected plant parts for educational or scientific research purposes (1) This section applies to a protected plant taken or kept under a licence, permit or other authority granted under the Act . (2) A person may, without a relevant authority for protected plants, use the plant if— (a) the person is a person to whom an educational purposes permit or scientific purposes permit for using the plant may be granted; 121 and (b) the plant is used for— (i) scientific research at a tertiary or other institution administered by the Commonwealth or a State or an entity that is involved in scientific research; or (ii) teaching at an educational institution or organisation. 120 Nature Conservation (Protected Plants) Conservation Plan 2000 , section 35 (Movement of protected plants taken under commercial wildlife harvesting licence) 121 See— • for an educational purposes permit—section 380 (Restriction on persons to whom permit may be granted); or • for a scientific purposes permit—section 384 (Restriction on persons to whom permit may be granted).

s 354 233 Nature Conservation Regulation 1994 s 355 354 Exemption for retailers to move protected plants A person (a retailer ) who sells a protected plant by retail may, without a wildlife movement permit, move the plant to a person who buys the plant from the retailer if the plant— (a) was bought or accepted from— (i) an authorised cultivator or propagator (the grower ); or (ii) the holder of a commercial wildlife licence (the wholesaler ) for the plant; and (b) was moved to the retailer from the grower or wholesaler in a way that is authorised under the Act; and (c) if the Act or a law of another State requires a person to attach a tag to the plant—the person has attached the tag to the plant. 355 Exemption to move protected plants for persons using plants under exemption A person may, without a wildlife movement permit, move a protected plant to or from any place within, inside or outside of the State if the person may, under the Act, use the plant without a relevant authority for the plant.

s 356 234 Nature Conservation Regulation 1994 s 358 Division 4 Licences, permits and other authorities for taking or using protected plants 122 Subdivision 1 Preliminary 356 Licences that may be granted The chief executive may grant the following licences for protected plants— (a) a commercial wildlife licence; (b) a recreational wildlife licence; (c) a commercial wildlife harvesting licence; (d) a recreational wildlife harvesting licence; (e) a herbarium licence. 357 Permits that may be granted The chief executive may grant the following permits for protected plants— (a) a clearing permit; (b) a damage mitigation permit; (c) an educational purposes permit; (d) a scientific purposes permit. 358 Authorities that may be granted The chief executive may grant the following authorities for protected plants— 122 See also— • the Nature Conservation (Protected Plants) Conservation Plan 2000 , part 3 (Taking, using and keeping protected plants); and • the Nature Conservation (Dugong) Conservation Plan 1999 , section 5 (Restriction on grant of permits, licences and authorities for other protected wildlife).

s 360 235 Nature Conservation Regulation 1994 s 362 (a) an Aboriginal tradition authority; (b) an Island custom authority. Subdivision 2 Commercial wildlife licences 360 Holder may use protected plants for commercial purpose A holder, or a relevant person for the holder, of a commercial wildlife licence for protected plants may use protected plants for a commercial purpose. 361 Selling or giving away protected plants generally A person must not sell or give away a protected plant under a commercial wildlife licence unless— (a) the plant was propagated by the holder, or relevant person for the holder, of the licence; or (b) the plant was taken by the holder, or a relevant person for the holder, of the licence under a commercial wildlife harvesting licence also held by the holder; or (c) the plant was— (i) bought or accepted from a person who is authorised to sell or give away the plant under the Act or a law of another State; and (ii) if the plant was bought or accepted from a person in another State and a law of the other State requires a tag to be attached to the plant when it is sold in the State—the tag is attached to the plant. Maximum penalty—165 penalty units. 362 Additional provision about selling whole type A restricted plants (1) This section applies if a person is selling a whole type A restricted plant under a commercial wildlife licence. (2) The person must—

s 363 236 Nature Conservation Regulation 1994 s 363 (a) if the person is selling the plant to a holder of a commercial wildlife licence for the plant— (i) possess an official tag or propagator’s tag for each whole type A restricted plant available for sale; and (ii) if the plant has a label attached to it—ensure the plant is correctly identified on the label; or (b) if the person is selling the plant to another person— (i) each whole type A restricted plant available for sale has an official tag or propagator’s tag attached to it; and (ii) if the plant has a label attached to it—the plant is correctly identified on the label. Maximum penalty—120 penalty units. (3) Also, if the person sells the plant to a holder of a commercial wildlife licence for the plant, the person must ensure the correct official tag or propagator’s tag is attached to, or accompanies, the whole type A restricted plant when the plant is moved to the holder. Maximum penalty—120 penalty units. 363 Requirement to keep record book (1) A holder of a commercial wildlife licence for protected plants must keep a record book supplied by the chief executive for the licence. 123 Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder keeps the book for the holder. (3) This section is subject to any provision of a conservation plan about the keeping of a record book for a commercial wildlife licence for protected plants to which the plan relates. 123 See chapter 4 (General provisions), part 3 (Provisions about record books) for the requirements for record books required to be kept under the Act.

s 364 237 Nature Conservation Regulation 1994 s 365 364 Requirement to give return of operations (1) A holder of a commercial wildlife licence for protected plants must give the chief executive a return of operations that complies with section 454 124 for the licence. Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder gives the return to the chief executive for the holder. (3) This section is subject to any provision of a conservation plan about the giving of a return of operations for a commercial wildlife licence for protected plants to which the plan relates. Subdivision 3 Recreational wildlife licences 365 Restriction on persons to whom licence may be granted The chief executive may grant a recreational wildlife licence for protected plants to a person only if— (a) the person is— (i) a recreational plant society; or (ii) a member of a recreational plant society; and (b) the person does not employ or engage anyone to propagate or sell or give away the plant; and (c) the person’s activities of propagating and selling or giving away protected plants are not a business, home occupation or home industry under a local law or a planning scheme under the Integrated Planning Act 1997 . 124 Section 454 (Form and nature of return of operations) See chapter 4 (General provisions), part 4 (Provisions about return of operations) generally for requirements about return of operations required to be given under the Act.

s 366 238 Nature Conservation Regulation 1994 s 368 366 Holder may use protected plants for recreational purpose (1) A holder of a recreational wildlife licence for protected plants may use protected plants for a purpose other than a commercial purpose. (2) Also, if the holder is a recreational plant society, a relevant person for the holder may use protected plants for a purpose other than a commercial purpose. 367 Holder may also use particular protected plants for commercial purpose in particular circumstances (1) A holder of a recreational wildlife licence for protected plants may sell a whole type A restricted plant for a commercial purpose if the plant was— (a) propagated by the holder; or (b) taken by the holder under a recreational wildlife harvesting licence also held by the holder. (2) However, the holder must attach an official tag to the plant. (3) Also, if the holder is a recreational plant society — (a) the sale must be made at an annual show or meeting of the society that is open to the public; and (b) the sale price must not be more than a reasonable amount to meet the costs of propagating or taking the plant. (4) In this section— holder , for a recreational wildlife licence held by a recreational plant society, includes a relevant person for the holder. 368 Restriction on selling particular plants (1) A holder of a recreational wildlife licence must not sell a plant raised from the seed or other propagating material of a type B restricted plant taken in the wild. Maximum penalty—80 penalty units. (2) However, subsection (1) does not apply to a recreational plant

s 369 239 Nature Conservation Regulation 1994 s 370 society if the plant— (a) was raised from the seed or other propagating material of a type B restricted plant, other than an endangered plant; and (b) is sold at an annual show or meeting of the society that is open to the public. Subdivision 4 Commercial wildlife harvesting licence 369 Holder may take and use particular protected plants A holder, or a relevant person for the holder, of a commercial wildlife harvesting licence for protected plants may do the following for a commercial purpose— (a) take protected plants from the place stated on the licence as a place from where the plants may be taken; (b) use protected plants at the licensed premises for the licence. 125 Subdivision 5 Recreational wildlife harvesting licence 370 Holder may take and use particular plants A holder of a recreational wildlife harvesting licence for protected plants may do the following for a purpose other than a commercial purpose— (a) take protected plants from the place stated on the licence as a place from where the plants may be taken; 125 See, however, the Nature Conservation (Protected Plants) Conservation Plan 2000 , section 9 (Taking of protected plant during harvest period).

s 371 240 Nature Conservation Regulation 1994 s 372 (b) use protected plants at the licensed premises for the licence. 126 Subdivision 6 Herbarium licences 371 Restriction on persons to whom licence may be granted (1) The chief executive may grant a herbarium licence for protected plants only to a State herbarium. (2) In this section— State herbarium means a non-profit institution that— (a) is owned or administered by the Commonwealth or a State; and (b) has, as its major function, the preservation of information in any branch of the natural sciences about plants. 372 Holder may take or use protected plants in particular circumstances (1) A holder, or a relevant person for the holder, of a herbarium licence may take and use, other than sell, protected plants. (2) However, subsection (1) does not authorise the holder or relevant person to take or use the plants for a bioprospecting activity. Note — The holder of a herbarium licence could also be granted 1 or more other licences under this regulation authorising the holder to take or use protected plants for a bioprospecting activity. (3) Also, subsection (1) only authorises the holder or relevant person to use the plants at— (a) the licensed premises for the licence; or (b) another place if— 126 See, however, the Nature Conservation (Protected Plants) Conservation Plan 2000 , section 9 (Taking of protected plant during harvest period).

s 373 241 Nature Conservation Regulation 1994 s 375 (i) the plants are used at the other place to obtain flowers or propagating material from the plants; and (ii) the holder of the licence has written approval from the chief executive to use the plants at the other place. Subdivision 7 Clearing permits 373 Holder may take protected plants A holder, or a relevant person for the holder, of a clearing permit may take protected plants from the place stated on the permit as a place from where the plants may be taken. 127 Subdivision 8 Damage mitigation permits 374 Restriction on plants for which permit may be granted The chief executive may grant a damage mitigation permit only for— (a) a near threatened or least concern plant; or (b) an endangered, vulnerable or rare plant if a conservation plan allows a damage mitigation permit for the plant to be granted. 128 375 Restriction on purposes for which permit may be granted The chief executive may grant a damage mitigation permit only for 1 or both of the following purposes— (a) to prevent damage or loss caused, or likely to be caused, 127 See also the Nature Conservation (Protected Plants) Conservation Plan 2000 , section 29 (Restrictions on grant of clearing permit) and 30 (Conditions of clearing permit). 128 See the Nature Conservation (Protected Plants) Conservation Plan 2000 , section 31 (Restrictions on grant of damage mitigation permit).

s 376 242 Nature Conservation Regulation 1994 s 378 by a protected plant; (b) to prevent or minimise a threat, or potential threat, to human health and wellbeing caused by a protected plant. 376 Restriction on grant of permit for damage or loss The chief executive may grant a damage mitigation permit for damage or loss caused, or likely to be caused, by a protected plant only if the chief executive is satisfied— (a) the plant is causing, or may cause, damage; and (b) if the damage is not prevented or controlled— (i) persons may suffer significant economic loss; or (ii) the ecological sustainability of nature is likely to be harmed; and (c) action under the permit will not adversely affect the survival in the wild of the plant or other wildlife. 377 Restriction on grant of permit for threat to human health and wellbeing The chief executive may grant a damage mitigation permit for a threat, or potential threat, to human health and wellbeing caused by a protected plant only if the chief executive is satisfied— (a) there is, or may be, a threat to a person’s health and wellbeing resulting from the presence of the plant; and (b) action under a permit will not detrimentally affect the survival in the wild of the plant or other wildlife. 378 Holder may take protected plants (1) A holder, or a relevant person for the holder, of a damage mitigation permit may take protected plants from the place stated on the permit as a place from where the plant may be taken. (2) Subsection (1) does not authorise the holder or relevant person to use protected plants under the permit.

s 379 243 Nature Conservation Regulation 1994 s 381 379 Requirement to give return of operations (1) A holder of a damage mitigation permit for protected plants must give the chief executive a return of operations that complies with section 454 129 for the permit. Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder gives the return to the chief executive for the holder. (3) This section is subject to any provision of a conservation plan about the giving of a return of operations for a damage mitigation permit for protected plants to which the plan relates. Subdivision 9 Educational purposes permits 380 Restriction on persons to whom permit may be granted The chief executive may grant an educational purposes permit for protected plants to a person only if— (a) for an individual—the chief executive is satisfied the individual— (i) holds a tertiary qualification relevant to the activities to be carried out under the permit; or (ii) has demonstrated experience and knowledge in relation to the activities to be carried out under the permit; or (b) for a corporation—the corporation is an educational institution or organisation. 381 Restriction on purpose for which permit may be granted The chief executive may grant an educational purposes permit 129 Section 454 (Form and nature of return of operations) See chapter 4 (General provisions), part 4 (Provisions about return of operations) generally for requirements about return of operations required to be given under the Act.

s 382 244 Nature Conservation Regulation 1994 s 383 for protected plants only if the chief executive is satisfied— (a) the purpose for which the plant is proposed to be taken or used under the permit is a genuine educational purpose; and (b) the applicant for the permit will not, or does not intend to, make a financial benefit from taking or using the plant under the permit. 130 382 Holder may take and use protected plants (1) A holder, or a relevant person for a holder, of an educational purposes permit may take and use, other than sell or give away, protected plants. (2) Also, the holder or person may give plant parts from the plants to a person intending to use the plant parts under section 353. 131 (3) However, subsection (1) does not authorise the holder or relevant person to use the plants for a commercial purpose. 383 Requirement to give return of operations (1) A holder of an educational purposes permit for protected plants must give the chief executive a return of operations that complies with section 454 132 for the permit. Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder gives the return to the chief executive for the holder. 130 See also the Nature Conservation (Protected Plants) Conservation Plan 2000 , section 28 (Restriction on grant of educational or scientific purposes permit). 131 Section 353 (Exemption for using protected plant parts for educational or scientific research purposes) 132 Section 454 (Form and nature of return of operations) See chapter 4 (General provisions), part 4 (Provisions about return of operations) generally for requirements about return of operations required to be given under the Act.

s 384 245 Nature Conservation Regulation 1994 s 385 (3) This section is subject to any provision of a conservation plan about the giving of a return of operations for an educational purposes permit for protected plants to which the plan relates. Subdivision 10 Scientific purposes permit 384 Restriction on persons to whom permit may be granted (1) The chief executive may grant a scientific purposes permit to a person only if— (a) the person is, or is associated with, any of the following— (i) a tertiary or other institution administered by the Commonwealth or a State; or (ii) an entity that is involved in scientific research; and (b) if the person is an individual—the chief executive is satisfied the individual— (i) is receiving, or has completed, postgraduate training in scientific research relevant to the activities the individual proposes to carry out under the permit; or (ii) has achieved a satisfactory level of competence in scientific research relevant to the activities the individual proposes to carry out under the permit. 133 (2) Also, the chief executive may grant a scientific purposes permit to a person associated with an institution or entity only if the chief executive is satisfied the way the scientific purpose is to be achieved is consistent with the requirements of the institution or entity. 385 Restriction on purposes for which permit may be granted The chief executive may grant a scientific purposes permit for 133 See also the Nature Conservation (Protected Plants) Conservation Plan 2000 , section 28 (Restriction on grant of educational or scientific purposes permit).

s 386 246 Nature Conservation Regulation 1994 s 387 protected plants only if the chief executive is satisfied— (a) the plants are to be taken, used or kept for research that will, or is likely to, make a significant contribution to community knowledge about the matter for which the research is conducted; and (b) the plants are not to be taken, used or kept for a commercial purpose; and (c) it is necessary to take the plants from the wild, including, for example, because there are no plants of the same species otherwise available for the research. 386 Holder may take and use protected plants (1) A holder, or a relevant person for the holder, of a scientific purposes permit may take and use, other than sell or give away, protected plants. (2) Also, the holder or person may give plant parts from the plants to a person intending to use the plant parts under section 353. 134 387 Requirement to give return of operations (1) A holder of a scientific purposes permit for protected plants must give the chief executive a return of operations that complies with section 454 135 for the licence. Maximum penalty—120 penalty units. (2) The holder complies with subsection (1) if a relevant person for the holder gives the return to the chief executive for the holder. 134 Section 353 (Exemption for using protected plant parts for educational or scientific research purposes) 135 Section 454 (Form and nature of return of operations) See chapter 4 (General provisions), part 4 (Provisions about return of operations) generally for requirements about return of operations required to be given under the Act.

s 388 247 Nature Conservation Regulation 1994 s 390 (3) This section is subject to any provision of a conservation plan about the giving of a return of operations for a scientific purposes permit for protected plants to which the plan relates. Subdivision 11 Aboriginal tradition and Island custom authorities 388 Restriction on persons to whom authority may be granted The chief executive may grant an Aboriginal tradition or Island custom authority for protected plants only to a corporation whose members represent a community or group of Aborigines or Torres Strait Islanders particularly concerned with the land from where the protected plants are to be taken. 389 Restriction on circumstances under which authority may be granted The chief executive may grant an Aboriginal tradition or Island custom authority for protected plants only if the chief executive— (a) has had regard to any advice given by the corporation named in the application on the significance, under Aboriginal tradition or Island custom, of the plants covered by the application; and (b) is satisfied the purpose for which the plants are to be taken is of particular significance under Aboriginal tradition or Island custom according to the views of the people regarded by the members of the group the applicant represents as having authority to state the traditional or customary significance of the plants. 390 Holder may take and use protected plants (1) The holder, or a relevant person for the holder, of an Aboriginal tradition or Island custom authority may take protected plants from the place stated on the permit as a place from where the protected plants may be taken.

s 391 248 Nature Conservation Regulation 1994 s 392 (2) Also, the holder or relevant person may use the plants if the use is for the personal, domestic or non-commercial communal needs of the members of the corporation to whom the authority is granted. Division 5 Provisions about authorised cultivators and propagators Subdivision 1 Approval of authorised cultivators and propagators 391 Approval of persons as authorised cultivator or propagator (1) The chief executive may approve a corporation or an individual to be an authorised cultivator or propagator for protected plants. (2) However, the chief executive may not approve an individual younger than 18 years to be an authorised cultivator or propagator for protected plants. 392 Restriction on persons who may be approved 136 The chief executive may approve a person to be an authorised cultivator or propagator for protected plants only if— (a) the chief executive is satisfied— (i) the person has the necessary experience, land, facilities, equipment, lawfully obtained stock plants or other propagating material for cultivating or propagating protected plants; and (ii) the person would not, under section 5, be prevented from being granted a relevant authority 136 See also the Nature Conservation (Protected Plants) Conservation Plan 2000 , section 39 (Restriction on approval of authorised propagators to take seed).

s 393 249 Nature Conservation Regulation 1994 s 393 if the person made an application for the authority; 137 and (b) the person does not hold a commercial wildlife harvesting licence, other than a licence that only authorises the taking of stock plants, for plants of the same genus that the person intends to cultivate or propagate; and (c) the person— (i) is a resident of the State; or (ii) if the person is a corporation—has premises in the State at which the plants are to be cultivated or propagated. 393 Notice of approval (1) This section applies if the chief executive has approved a person to be an authorised cultivator or propagator. (2) The chief executive must give the person written notice of the approval. (3) The notice must state— (a) the place where the person may carry out activities under the approval; and (b) if the person is an individual—the residential address of the person; and (c) if the person is approved as an authorised propagator—the authorisation number for the approval. 137 See, in particular, section 5(4), (5) and (7).

s 394 250 Nature Conservation Regulation 1994 s 395 Subdivision 2 Carrying out activities under approval 394 Requirement to keep records An authorised cultivator or propagator must keep, for the period required under section 473, 138 the following for each reproductive or propagating material obtained by the cultivator or propagator for cultivation or propagation— (a) if the cultivator or propagator took the material—a written record of the following information— (i) the date the material was taken; and (ii) the place from where the material was taken; or (b) if the cultivator or propagator bought the material—an invoice or receipt from the seller; or (c) if the cultivator or propagator accepted the material from another person—a written record of the date the cultivator or propagator accepted the material from the other person. 139 Maximum penalty—80 penalty units. 395 Assistance to conservation officers An authorised cultivator or propagator must give a conservation officer all necessary help to enable the officer— (a) to inspect each plant kept by the cultivator or propagator; and 138 Section 473 (Period for which particular documents must be kept) See also chapter 4 (General provisions), part 3 (Provisions about record books) for the requirements for record books required to be kept under the Act. 139 See also section 107 (Identification requirement for buying or selling protected, international or prohibited wildlife).

s 396 251 Nature Conservation Regulation 1994 s 398 (b) to obtain or check any records required, under the Act, to be kept by the cultivator or propagator. 140 Maximum penalty—120 penalty units. 396 Requirement to notify chief executive of new address (1) This section applies if— (a) an authorised cultivator or propagator carries out activities, under an approval of the chief executive, at a particular place; and (b) the cultivator or propagator changes the place where the cultivator or propagator intends to carry out the activities under the approval. (2) The cultivator or propagator must, within 14 days after changing the place, give written notice to the chief executive of the address of the new place. Maximum penalty—10 penalty units. Part 8 Permit for moving wildlife Division 1 Preliminary 397 Purpose of pt 8 The purpose of this part is to allow persons to move wildlife to or from a place for particular movements that are not otherwise authorised under the Act. 398 Permit may be granted The chief executive may grant a wildlife movement permit for the movement of wildlife. 140 See sections 107 (Identification requirement for buying or selling protected, international or prohibited wildlife) and 394 (Requirement to keep records).

s 398A 252 Nature Conservation Regulation 1994 s 398B 398A Conditions for permits for interstate movements (1) This section applies to a wildlife movement permit for the movement of a live protected animal to another State if the person to whom the wildlife is being moved is not the holder of a relevant authority, or a relevant person for the holder of a relevant authority. (2) Without limiting the conditions the chief executive may impose, the chief executive may impose on the permit— (a) a condition about the purpose for which the animal, or a progeny of the animal, may be used, or the way the animal, or a progeny of the animal, must be kept, in the other State; and (b) a condition of a type mentioned in paragraph (a) that imposes an obligation on the holder of the permit, or a relevant person for the holder, that continues after the permit expires. (3) However, the chief executive may impose the condition on the permit only if— (a) the chief executive reasonably believes the imposition is necessary to achieve the object of the Act; and (b) the condition is not inconsistent with the laws of the other State. (4) In this section— holder, of a wildlife movement permit that has expired, means the person who held the permit immediately before its expiry. Division 1A Export agreements 398B Minister may enter into agreement (1) The Minister may, for the State, enter into an agreement (an export agreement ) with a person in another country to whom a protected animal in the State is to be sold, given or moved. (2) If the animal is being moved from a person other than the Minister or the chief executive, the person from whom the

s 398C 253 Nature Conservation Regulation 1994 s 398D animal is to be moved must also be a party to the export agreement. 398C Only suitable persons may be party to agreement (1) The Minister may enter into an export agreement for a protected animal with a person in another country only if the Minister is reasonably satisfied the person is a suitable person to be a party to the agreement. (2) In deciding whether a person is a suitable person to be a party to an export agreement for a protected animal, the Minister must have regard to the following— (a) the nature of the place where the animal is to be kept in the other country, including whether the place has appropriate facilities for keeping the animal in a way that is consistent with the Act; (b) whether the person has been convicted of— (i) an offence against the Act; or (ii) an offence relating to cruelty to an animal, or wildlife generally, against another Act; or (iii) an offence, however described, equivalent to an offence mentioned in paragraph (a) or (b) in another State or country; (c) if the person has previously been a party to an export agreement—whether the person breached a condition of the agreement and, if the person breached a condition of the agreement, the nature of the breach; (d) any other matter relevant to the person’s ability to keep and use the animal for which the agreement is sought in a way that is consistent with the Act. 398D Content of agreement (1) An export agreement for a protected animal must provide for— (a) the treatment of the animal and any progeny of the animal in the other country, including the way the animal or progeny must be fed and housed; and

s 399 254 Nature Conservation Regulation 1994 s 400 (b) the disposal of the animal and any progeny of the animal; and (c) if appropriate, the making of financial contributions to the State for the conservation of animals of the same species, including, for example, financial contributions for measures directed at promoting the continued existence of viable populations of the species in the wild. (2) An export agreement may also provide that a security be given to the State for compliance with a condition of the agreement that is directed at a matter mentioned in subsection (1)(a) or (b). (3) In this section— security includes bond, deposit of an amount as security, guarantee, indemnity or other surety, insurance, mortgage and undertaking. Division 2 Restrictions on grant of wildlife movement permits 399 Restriction on animals for which permit may be granted The chief executive may grant a wildlife movement permit for the movement of wildlife only if the chief executive is satisfied the wildlife has been lawfully taken and kept. 400 General restriction on movements for which permit may be granted generally (1) The chief executive may grant a wildlife movement permit for the movement of wildlife only if— (a) the person from whom the wildlife is to be moved and the person to whom the wildlife is to be moved are authorised to keep the wildlife under the Act or a law of another State or country; and (b) the chief executive is satisfied the movement will not— (i) risk the health or safety of humans or livestock; or

s 401 255 Nature Conservation Regulation 1994 s 402 (ii) adversely affect the conservation of native wildlife in the State or country; or (iii) adversely affect the population in the wild of the wildlife being moved. (2) Also, the chief executive may not grant a wildlife movement permit for the movement of wildlife if the movement is prohibited under a conservation plan for the wildlife. 401 Additional general restriction for movements out of the State (1) This section applies to a movement of wildlife from a place inside the State to a place in another State if the approval of an entity is required before the wildlife may be moved into the other State. (2) The chief may grant a wildlife movement permit for the movement only if— (a) the approval of the entity has been given; or (b) the chief executive is satisfied the approval of the entity will be given. 402 Additional general restriction for movements into the State The chief executive may grant a wildlife movement permit for the movement of wildlife from another State into the State only if— (a) the movement is not prohibited under a law of the other State; and (b) if the approval of an entity in the other State is required before the wildlife can be moved out of that State— (i) the approval has been given; or (ii) the chief executive is satisfied the approval will be given.

s 402A 256 Nature Conservation Regulation 1994 s 402B 402A Additional restriction for movement of prescribed protected animal to another State The chief executive can not grant a wildlife movement permit for the movement of a prescribed protected animal from a place in the State to another State unless— (a) the chief executive is reasonably satisfied the person in the other State to whom the animal is to be moved does not intend to— (i) move the animal to another country; or (ii) sell, give or move the animal to a person in another country; or (b) if the chief executive is not satisfied under paragraph (a)— (i) the animal has been bred in captivity or the chief executive reasonably believes the animal, if released into the wild, will not, or is unlikely to, survive because it suffers from the behavioural disorder known as human imprinting; and (ii) the chief executive is satisfied selling, giving or moving the animal to a person in another country will not adversely affect the viability of populations of animals of the same species that are kept in zoos in the State; and (iii) an export agreement with the State has been entered into for the animal; and (iv) if an export permit is required before the animal may be exported to the other country— (A) an export permit has been issued for the export of the animal; or (B) the chief executive is satisfied an export permit will be issued for the export of the animal. 402B Additional restriction for movement of prescribed protected animal within the State for export The chief executive can not grant a wildlife movement permit

s 403 257 Nature Conservation Regulation 1994 s 403 for the movement of a prescribed protected animal from a place in the State to another place in the State for exporting the animal unless— (a) the animal has been bred in captivity or the chief executive reasonably believes the animal, if released into the wild, will not, or is unlikely to, survive because it suffers from the behavioural disorder known as human imprinting; and (b) the chief executive is satisfied selling, giving or moving the animal to a person in another country will not adversely affect the viability of populations of animals of the same species that are kept in zoos in the State; and (c) an export agreement with the State has been entered into for the animal; and (d) if an export permit is required before the animal may be exported to the other country— (i) an export permit has been issued for the export of the animal; or (ii) the chief executive is satisfied an export permit will be issued for the export of the animal; and (e) an approved electromagnetic implant has been inserted into the animal and the chief executive has been given a written notice stating the identification code for the implant. Division 3 Things authorised by wildlife movement permit 403 Holder may move wildlife (1) A holder, or a relevant person for a holder, of a wildlife movement permit for wildlife may move the wildlife identified on the permit from and to the places stated to the permit. (2) However, subsection (1) only authorises the holder or relevant person to make 1 movement under the permit.

s 404 258 Nature Conservation Regulation 1994 s 406 Part 9 Processed products 404 Purpose of pt 9 The purpose of this part is to declare particular products made or derived from protected wildlife as processed products that are not included in the definitions of protected animal or protected plant . 141 405 Definition for pt 9 In this part— unpack , in relation to a product, does not include removing a mark, label, tag or other thing that has been directly placed on, or attached to, the product. 406 Processed products made or derived from protected animals (1) For the Act, schedule, definition protected animal , paragraph (b), the following products are a processed product that is not included in the definition— (a) a processed product mentioned in schedule 6, part 2; (b) a product mentioned in paragraph (a) that has been unpacked; (c) a product made or derived from a product mentioned in paragraph (a). (2) However, a processed product made or derived from an animal, other than a crocodile, ceases to be a processed product if the animal— (a) is included in the list of threatened species established under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth); 142 and 141 See also the Nature Conservation (Macropod) Conservation Plan 2005 . 142 See section 178 (Listing of threatened species) of the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth).

s 407 259 Nature Conservation Regulation 1994 s 409 (b) is sold or given to a person other than the chief executive or a holder of a museum licence. 407 Processed products made or derived from protected plants For the Act, schedule, definition protected plant , paragraph (b), the following products are a processed product that is not included in the definition— (a) a processed product mentioned in schedule 6, part 3; (b) a product mentioned in paragraph (a) that has been unpacked; (c) a product made or derived from a product mentioned in paragraph (a). 408 Conservation officer may ask for evidence of source used (1) This section applies to a person who possesses a processed product. (2) If asked by a conservation officer, the person must, unless the person has a reasonable excuse, produce evidence of the source from which the processed product was made or derived. Maximum penalty—165 penalty units. Part 10 General offences 409 Using poison or adhesive substance in a way that may take protected animals (1) A person must not use, or direct another person to use, a poison or adhesive substance in a way that may result in the taking of a protected animal. Maximum penalty—165 penalty units. (2) Subsection (1) does not apply to a holder, or relevant person for the holder, of a relevant authority for an animal using a

s 410 260 Nature Conservation Regulation 1994 s 410 poison or adhesive substance to take the animal if— (a) the authority authorises the holder to use the poison or substance to take the animal; and (b) the holder complies with any conditions of the authority, including a condition that the chief executive has written on the authority. 143 (3) In this section— adhesive substance includes birdlime or a viscid substance. use , in relation to a poison or adhesive substance, includes attempt to use the poison or substance. 410 Interfering with animal breeding place (1) A person must not, unless the person has a reasonable excuse, interfere with an animal breeding place that is being used by a protected animal to incubate or rear the animal’s offspring. Maximum penalty—165 penalty units. (2) For subsection (1), an animal breeding place is being used by a protected animal to incubate or rear the animal’s offspring if— (a) the animal is preparing, or has prepared, the place for incubating or rearing the animal’s offspring; or (b) the animal is breeding, or is about to breed, and is physically occupying the place; or (c) the animal and the animal’s offspring are physically occupying the place, even if the occupation is only periodical; or (d) the animal has used the place to incubate or rear the animal’s offspring and is of a species generally known to return to the same place to incubate or rear offspring in each breeding season for the animal. (3) It is a reasonable excuse for a person to interfere with the 143 See, for example, sections 210 (Way animal may be taken) and 220 (Way animal may be taken). See also, section 6 (Compliance with conditions).

s 411 261 Nature Conservation Regulation 1994 s 411 breeding place if— (a) the interference happened in the course of a lawful activity that was not directed towards the interference; and (b) the interference could not have been reasonably avoided. (4) Also, subsection (1) does not apply to a person removing or otherwise interfering with the breeding place if— (a) the removal or interference is part of an approved species management program for animals of the same species; or (b) the person holds a damage mitigation permit for the animal and the permit authorises the removal or interferance. (5) In this section— approved species management program , for a species of animal, means a program about managing the population and habitat of the species of animal that is approved by the chief executive. interfere , with an animal breeding place, includes damage, destroy, mark, move or dig up the breeding place. 411 Feeding native animals in the wild generally (1) This section applies to a person even if the person holds a commercial wildlife licence (wildlife interaction) for a protected animal. (2) A person must not feed a native animal in the wild in a way that may immediately threaten human health or safety. Maximum penalty—165 penalty units. (3) Without limiting subsection (2), a person feeds an animal in a way that may immediately threaten human health or safely if— (a) the person feeds the animal in a way that causes the animal to move from the place where it is located to the place where the person is providing the food; and

s 412 262 Nature Conservation Regulation 1994 s 413 (b) the movement of the animal results in danger to human health or safety. 412 Feeding dangerous native animals in the wild (1) A person must not feed a native animal in the wild that is dangerous, venomous or capable of injuring a person. Maximum penalty—40 penalty units. (2) Subsection (1) does not apply to— (a) the following persons performing functions under the Act in relation to the native animal— (i) the chief executive; (ii) a conservation officer, public service officer or other employee of the department acting under the chief executive’s authority; or (b) a person who feeds a native animal under a relevant authority for the animal or an exemption under section 159. 144 413 Disturbing dangerous native animals in the wild (1) A person must not disturb a native animal in the wild that is dangerous, venomous or capable of injuring a person. Maximum penalty—40 penalty units. (2) Subsection (1) does not apply to— (a) the following persons performing functions under the Act in relation to the native animal— (i) the chief executive; (ii) a conservation officer, public service officer or other employee of the department acting under the chief executive’s authority; or (b) another person who disturbs a native animal— 144 Section 159 (Exemption for interacting with animals in the wild)

s 414 263 Nature Conservation Regulation 1994 s 414 (i) under a relevant authority for the animal or an exemption under section 159; 145 or (ii) in the course of a lawful activity that was not directed towards the disturbance if the disturbance could not have been reasonably avoided. 414 Procedure for accidental taking of marine mammals and turtles (1) This section applies if— (a) a person takes a protected marine mammal or marine turtle in the course of a lawful activity that was not directed towards taking the mammal or turtle; and (b) the taking could not have been reasonably avoided. (2) The person must— (a) if the animal is sick or injured or dead— (i) immediately notify a conservation officer about the mammal or turtle and the circumstances in which the mammal or turtle was taken; and (ii) if the officer directs the person to deal with the mammal or turtle in a particular way—deal with the mammal or turtle in the way directed; or (b) otherwise—return it to the waters from which it was taken. Maximum penalty—120 penalty units. (3) This section does not apply to a whale or dolphin to which the Nature Conservation (Whales and Dolphins) Conservation Plan 1997 relates. 146 145 Section 159 (Exemption for interacting with animals in the wild) 146 See the Nature Conservation (Whales and Dolphins) Conservation Plan 1997 , section 13 (Procedure on accidental taking of a whale or dolphin) for the procedure about dealing with a whale or dolphin to which that conservation plan relates.

s 414A 264 Nature Conservation Regulation 1994 s 415 414A Procedure for taking protected sharks (1) This section applies if a person takes a protected shark under section 148A. 147 (2) The person must— (a) if the shark is sick or injured or dead— (i) as soon as practicable, notify a conservation officer about the shark and the circumstances in which the shark was taken; and (ii) if the officer directs the person to deal with the shark in a particular way—deal with the shark in the way directed; or (b) otherwise—return it to the waters from which it was taken. Maximum penalty—120 penalty units. (3) A conservation officer may give a direction under subsection (2)(a)(ii) only if the direction is reasonable in the circumstances. 415 Release of animals into the wild (1) A person must not— (a) release an animal that has been bred or kept in captivity into the wild; or (b) release an animal into an area of the wild where an animal of the same species does not normally live. Maximum penalty—165 penalty units. (2) However, subsection (1) does not apply to a person who releases an animal if— (a) the release is authorised under an Act, including a licence, permit or other authority granted under the Act; or (b) the chief executive has given the person a written approval allowing the person to release the animal; or 147 Section 148A (Exemption for protected shark in particular circumstances)

s 416 265 Nature Conservation Regulation 1994 s 417 (c) the person releasing the animal expects to recover the animal after it is released. 416 Spreading or releasing particular parts of non-native plants (1) This section applies to a plant other than a native plant. (2) A person must not spread or release a reproductive material of the plant in the wild, unless the person has written approval from the chief executive allowing the person to release the material. Maximum penalty—165 penalty units. (3) In this section— reproductive material , of a plant, means any part of the plant that is capable of asexual or sexual reproduction. Examples of reproductive material of a plant — 1 seed or part of a seed 2 bulb, rhizome, root, stolon, tuber or part of a bulb, rhizome, stolon or tuber 3 stem or leaf cutting 417 Housing wildlife other than protected wildlife (1) This section applies to— (a) a domestic bird other than the following— (i) an ostrich; (ii) a peafowl or pheasant of the family Phasianidae, other than quail indigenous to Australia; (iii) a pigeon ( Columba livia ) or poultry; and (b) another animal other than a domestic or protected animal. (2) A person must keep the bird or animal in a secure cage or enclosure that prevents the bird or animal’s escape. Maximum penalty—20 penalty units.

s 418 266 Nature Conservation Regulation 1994 s 419 418 Moving wildlife other than protected, international or prohibited wildlife into the State (1) This section applies to a live bird, mammal, reptile or amphibian other than a protected, international, prohibited or domestic bird, mammal, reptile or amphibian. (2) A person must not send or move into the State the bird, mammal, reptile or amphibian unless the person holds a wildlife movement permit authorising the movement. Maximum penalty—165 penalty units. (3) In this section— move , a bird, mammal, reptile or amphibian, includes attempt to move the bird, mammal, reptile or amphibian. send , an bird, mammal, reptile or amphibian, includes attempt to send the bird, mammal, reptile or amphibian. Part 11 Miscellaneous provisions Division 1 Seizure of property 419 Seizure of particular vehicles or appliances for the protection of native wildlife (1) This section applies if a conservation officer reasonably believes— (a) a vehicle or appliance that is on land, other than land in a protected area, is— (i) on the land without the consent of the land-holder; or (ii) is abandoned; and (b) it is necessary or desirable to remove the vehicle or appliance for the protection of native wildlife. (2) The conservation officer may seize the vehicle or appliance and remove the vehicle or appliance from the land.

s 420 267 Nature Conservation Regulation 1994 s 421 (3) The vehicle or appliance must be dealt with under chapter 4, part 1. 148 (4) In this section— vehicle includes— (a) a boat, recreational craft and aircraft; and (b) anything attached to or contained in a vehicle. Division 2 Provisions about tags 420 Chief executive may supply tags for use by person (1) The chief executive may supply a tag to a person for use under the Act. (2) Without limiting subsection (1), a tag may be supplied for any of the following purposes— (a) to attach to wildlife to allow the wildlife to be identified; (b) to attach to wildlife that is, or will be after the tag is attached, a processed product. (3) The chief executive must give the person a written notice stating the species of wildlife for which the tag is supplied. 421 Nature of tags supplied by the chief executive (1) A tag supplied by the chief executive under this division— (a) is the property of the State; and (b) may not be transferred unless the chief executive has given a written approval for the transfer. (2) However, subsection (1)(b) is subject to any provision of a conservation plan that provides that a tag supplied for wildlife to which the conservation plan applies may not be transferred in any circumstances. 148 Chapter 4 (General provisions), part 1 (Provisions about dealing with seized property)

s 422 268 Nature Conservation Regulation 1994 s 424 422 Chief executive may recall tags (1) The chief executive may give a person a written notice directing the person to return a tag that has been supplied under this division. (2) The notice must state— (a) the place where the tag must be returned; and (b) the date and time by which the tag must be returned. (3) The person must, unless the person has a reasonable excuse, comply with the notice. Maximum penalty for subsection (3)—50 penalty units. 423 Using tags generally (1) A person must not attach a tag to wildlife of a species other than the species for which the tag is supplied. Maximum penalty—165 penalty units. (2) A person must not attach a used tag to wildlife. Maximum penalty—165 penalty units. (3) In this section— used tag means a tag that has been previously attached to wildlife. 424 Tags not to be used by unauthorised person (1) A person, other than an authorised person, must not do the following unless the person has written approval from the chief executive— (a) possess a tag supplied under this division; (b) attach a tag supplied under this division to wildlife. Maximum penalty—165 penalty units. (2) This section is subject to any provision of a conservation plan that provides for the persons that may attach a tag to wildlife

s 425 269 Nature Conservation Regulation 1994 s 425 to which the plan relates. 149 (3) In this section— authorised person , in relation to a tag supplied under this division, means any of the following persons— (a) the chief executive; (b) a conservation officer; (c) for a tag for animals— (i) the person to whom the tag was supplied; or (ii) a person authorised to possess or attach the tag by the person mentioned in paragraph (a); or (d) for a tag for protected plants—a holder of a commercial wildlife licence or commercial wildlife harvesting licence for protected plants. 425 Interfering with tags (1) A person must not interfere with a tag attached to wildlife unless the person has written approval from the chief executive to interfere with the tag. Maximum penalty—80 penalty units. (2) Subsection (1) does not apply to a person who removes a tag from wildlife if a conservation plan states the person may remove the tag from the wildlife. 150 (3) In this section— interfere , with a tag, includes to— (a) remove or damage the tag; or (b) cover or modify the writing on the tag. Division 3 Conservation value for wildlife 149 For a harvest macropod, see the Nature Conservation (Macropod) Conservation Plan 2005 . 150 See, for example, the Nature Conservation (Macropod) Conservation Plan 2005 , part 5 (Macropod tags), division 2 (Removing tags).

s 426 270 Nature Conservation Regulation 1994 s 427 Subdivision 1 Conservation values for protected wildlife 426 Conservation value for protected wildlife (1) For section 95(1) 151 of the Act, the conservation value for protected wildlife is— (a) for extinct in the wild wildlife—$12307; or (b) for endangered wildlife—$9845; or (c) for vulnerable wildlife—$7383; or (d) for rare wildlife—$4921; or (e) for near threatened wildlife—$3500; or (f) for least concern wildlife—$1229. (2) However, subsection (1) does not apply if a conservation plan that applies to the protected wildlife— (a) states a different conservation value for the wildlife; or (b) states that no conservation value is payable for the wildlife in stated circumstances. 152 Subdivision 2 Exemptions from payment of conservation value 427 Exemption from payment of conservation value if taken under particular authorities A person is exempt from payment of the conservation value for protected wildlife if the person takes the wildlife under any of the following authorities for the wildlife— 151 Section 95 (Payment of conservation value) of the Act 152 See, for example— • for a harvest macropod—the Nature Conservation (Macropod) Conservation Plan 2005 , section 115 (Conservation value for harvest macropods) • for a problem crocodile—the Nature Conservation (Problem Crocodiles) Conservation Plan 1995 , sections 10 (Conservation value not payable) and 12(4) (Procedure on taking of problem crocodile by conservation officer).

s 428 271 Nature Conservation Regulation 1994 s 430 (a) a museum licence; (b) a damage mitigation permit; (c) an educational purposes permit; (d) a scientific purposes permit; (e) a rehabilitation permit; (f) a collection authority to take least concern wildlife; (g) a herbarium licence. 428 Exemption from payment of conservation value for protected scorpions or spiders A person is exempt from payment of conservation value for a protected scorpion or spider if the person takes the scorpion or spider under a commercial wildlife harvesting licence for the scorpion or spider. 429 Exemption from payment of conservation value for particular reptiles A person is exempt from payment of conservation value for a reptile of the family Elapidae, Hydrophiidae or Laticaudidae if the reptile is taken— (a) under a commercial wildlife harvesting licence for the reptile; and (b) for extracting venom for the production of antivenene for humans. Division 4 Stop action orders 430 Application for and giving of stop action order (1) A person (the applicant ) may apply to the chief executive for the chief executive to give another person (the respondent ) an order (a stop action order ) requiring the respondent to stop performing the actions mentioned in the order. (2) The chief executive may give a stop action order to the respondent only if the chief executive is satisfied—

s 431 272 Nature Conservation Regulation 1994 s 431 (a) the respondent’s actions threaten human wellbeing; and (b) the applicant has made reasonable attempts to require the respondent to stop performing the actions; and (c) the respondent is unlikely to stop performing the actions unless required to stop performing the actions under a stop action order. (3) Also, the chief executive may give a stop action order to the respondent only if the respondent has been given reasonable opportunity to be heard in relation to the application. (4) For subsection (2)(a), a respondent’s action that causes another person only inconvenience or annoyance does not threaten human wellbeing. 431 Contents and form of stop action order (1) A stop action order must state the following— (a) the name of the applicant; (b) the name and address of the respondent; (c) each action the respondent is required to take or stop; (d) that the respondent must comply with the order within a stated period, of at least 7 days, after the day the order takes effect; (e) the day, not earlier than the day the respondent is given the order, the order takes effect; (f) the period, of not more than 12 months after the day the order takes effect, for which the order has effect; (g) the reasons for the giving of the order and each action required to be taken or stopped under the order; (h) that the respondent may appeal against the decision to give the order to the Magistrates Court within 28 days after the day the respondent is given the order; and (i) how to appeal. (2) The stop action order must be signed by the chief executive.

s 432 273 Nature Conservation Regulation 1994 s 435 432 Respondent must comply with stop action order A person who is given a stop action order under section 430 must comply with the order. Maximum penalty—20 penalty units. Chapter 4 General provisions Part 1 Provisions about dealing with seized property 433 Application of pt 1 This part applies if property is seized (the seized property ) under section 60, 61, 72, 76, 90 or 419. 153 434 Particular property must be destroyed (1) This section applies to seized property that is— (a) an explosive within the meaning of the Explosives Act 1999 ; or (b) a trap, snare, net or birdlime; or (c) a decoy; or (d) a poison. (2) The chief executive must destroy the property. 435 Receipt for other seized property (1) This section applies to seized property, other than property to 153 Section 60 (Stray stock may be seized), 61 (General muster), 72 (Removal of unauthorised structures and works), 76 (Seizure and removal of vehicles), 90 (Seizure of particular vehicles or appliances for the protection of cultural or natural resources) or 419 (Seizure of particular vehicles or appliances for the protection of native wildlife)

s 436 274 Nature Conservation Regulation 1994 s 436 which section 434 applies. (2) After a conservation officer seizes the property, the chief executive must— (a) give a receipt for the property to the owner of the property; or (b) if the name of the owner of the property is not known— (i) leave a receipt as near as possible to the place from where the property was seized in a conspicuous position and in a reasonably secure way; and (ii) publish a notice in a newspaper circulating generally in the State. (3) The receipt or notice must— (a) describe generally the property and its condition; and (b) state that the property— (i) must be claimed within 2 months after the receipt is given to the owner or, if subsection (2)(b) applies, the notice is published; and (ii) may be disposed of if it is not claimed within the 2 months. (4) This section does not apply to a thing if it would be impracticable or unreasonable to expect the chief executive to account for the thing given its condition, nature and value. 436 Return of claimed property (1) This section applies if— (a) the chief executive has, under section 435, given a receipt, or published a notice, for seized property; and (b) a person makes a claim for the seized property within 2 months after the receipt is given or notice is published. (2) The chief executive may return the property to the person only if— (a) the chief executive is satisfied the person has a right to the property; and (b) the person pays the chief executive the reasonable costs

s 437 275 Nature Conservation Regulation 1994 s 438 of— (i) seizing, removing and holding the property; and (ii) giving a receipt or publishing a notice for the seizure. 437 Dealing with unclaimed property (1) This section applies if— (a) the chief executive has, under section 435, given a receipt, or published a notice, for seized property; and (b) the owner of the property has not claimed the property within 2 months after the receipt was given or notice was published. (2) The chief executive may sell the property by auction. (3) However, the chief executive must, at least 7 days before the auction, publish a notice in a newspaper circulating generally within the State stating— (a) the details about the property; and (b) that the property is to be sold by auction; and (c) the date, time and place of the auction. 438 Application of proceeds of sale (1) This section applies if the chief executive sells seized property under section 437. (2) The proceeds of the sale must be applied in the following order— (a) payment of the reasonable expenses of the chief executive incurred in the sale; (b) payment of the reasonable cost of— (i) seizing, removing and holding the property; and (ii) giving a receipt or publishing a notice for the seizure; (c) if the property is a structure or work—payment of the reasonable cost of work necessary to restore the site

s 439 276 Nature Conservation Regulation 1994 s 440 from which the property is removed as nearly as practicable to its former state; (d) payment of any balance to the owner of the property. 439 Compensation not payable Compensation is not payable for a sale or disposal of property under this part. Part 2 Demerit points for particular offences 440 Demerit points (1) This section applies if— (a) a person is given an infringement notice under the State Penalties and Enforcement Act 1999 for an infringement notice offence against the Act, this regulation or a conservation plan; and (b) the person pays the infringement notice penalty for the offence. (2) The person accumulates demerit points for the offence. (3) The number of demerit points the person accumulates is as follows— (a) for an offence for which the maximum penalty is no more than 20 penalty units—1 demerit point; (b) for an offence for which the maximum penalty is more than 20 but no more than 50 penalty units—2 demerit points; (c) for an offence for which the maximum penalty is more than 50 but no 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

s 441 277 Nature Conservation Regulation 1994 s 442 points; (e) for an offence for which the maximum penalty is more than 120 but not more than 165 penalty units—5 demerit points. Part 3 Provisions about record books 441 Application of pt 3 This part applies if a person is required, under the Act, to keep a record book. 442 Definitions for pt 3 In this part— animal record particulars , for an animal kept by a person, means each of the following— (a) the particulars of each animal kept by the person; (b) if the person is a holder of a commercial wildlife harvesting licence—the particulars of each animal taken under the licence; (c) if the person obtains or disposes of an animal kept by the person under a transaction—the particulars of the transaction; (d) if an animal kept by the person escapes or dies—the particulars of the escape or death; (e) if an animal kept by the person produces offspring—the particulars for the offspring. commercial activity permit means a commercial activity permit granted under chapter 2, other than a commercial activity permit for filming or photography. particulars , of an animal or a protected plant, include the identification code for any tag attached to the animal or plant. prescribed day , for a record particular, means—

s 442 278 Nature Conservation Regulation 1994 s 442 (a) for a record particular relating to activities carried out under a commercial activity permit—the day the activities are carried out; or (b) for a record particular relating to animals— (i) for the particulars of animals kept by a person—on the day the animal is taken or obtained by the person; or (ii) for the particulars of animals taken under a commercial wildlife harvesting licence—on the day the animal is taken under the licence; or (iii) for the particulars of a transaction under which an animal is obtained or disposed of—on the day of the transaction; or (iv) for the particulars of an escape or death of an animal—on the day of the escape or death; or (v) for the particulars about an offspring of an animal— (A) if the offspring is raised by the offspring’s parents—the day the offspring becomes independent of the offspring’s parents; or (B) if the offspring is raised by hand or artificial incubation—the day the offspring is separated from the offspring’s parents; or (c) for a record particular relating to whole protected plants— (i) for the particulars of the whole protected plant—on the day the plant was obtained; or (ii) for the particulars of a transaction under which a whole protected plant is obtained or disposed of—on the day of the transaction; or (ii) for the particulars of a natural increase or artificial propagation—on the day of the increase or propagation; or (iii) for the particulars of a death of the plant—on the day of the death; or (d) for a record particular relating to protected plant parts—

s 442 279 Nature Conservation Regulation 1994 s 442 (i) for the particulars of the plant part—on the day the plant part was obtained; or (ii) for the particulars of a transaction under which a protected plant part is obtained or disposed of—on the day of the transaction; or (iii) for the particulars of a loss or destruction of the plant part—on the day of the loss or destruction. prescribed protected plant part means a protected plant part other than a seed or spore of a protected plant other than a type B restricted plant taken in the wild. protected plant parts record particulars , for holder of a commercial wildlife licence for protected plants, means the following— (a) the particulars of each prescribed protected plant part kept by the holder; (b) if the holder obtains or disposes of a prescribed protected plant part under the licence under a transaction— (i) the particulars of the transaction; and (ii) if the protected plant part was sold and an official tag was attached to the protected plant part when it was sold—the identification code for the tag; or (c) if the seeds or spores of a type B restricted plant kept by the holder are lost or destroyed—particulars about how the loss or destruction happened. record book includes a record and return book. relevant record particulars , for a person, means— (a) for a holder of a commercial activity permit—details about the activities carried out, under the permit, by the holder of the permit, including the number of persons taking part in the activities; and (b) for a person who keeps a prescribed exempt bird under section 149 154 —the animal record particulars for each prescribed exempt bird kept by the person; or 154 Section 149 (Exemption for exempt animals)

s 442 280 Nature Conservation Regulation 1994 s 442 (c) for a holder of a relevant authority for an animal, other than a museum licence or a permit to keep protected wildlife—the animal record particulars for each animal kept by the holder under the licence; or (d) for a holder of a museum licence—the animal record particulars for each live animal kept by the holder under the licence; or (e) for a holder of a permit to keep protected wildlife—the animal record particulars for each animal, kept by the holder under the permit, that is breeding or has bred while being kept by the holder under the permit; or (f) for a holder of a relevant authority for protected plants— (i) if the holder keeps whole type A restricted plants—the whole protected plants record particulars; or (ii) if the holder keeps protected plant parts—the protected plant parts record particulars. whole protected plants record particulars , for holder of a commercial wildlife licence for protected plants, means— (a) the particulars of each whole type A restricted plant kept by the holder; (b) if the holder obtains or disposes of a whole type A restricted plant under the licence under a transaction— (i) the particulars of the transaction; and (ii) if an official tag was attached to, or moved with, the plant that was sold—the identification code of the tag; or (c) if the number of whole type A restricted plants kept by the holder increases because of natural increase or artificial propagation—an estimate of the number of plants produced by the natural increase or artificial propagation; or (d) if a whole type A restricted plant kept by the holder dies— (i) the plant has died; and

s 443 281 Nature Conservation Regulation 1994 s 444 (ii) if an official tag was attached to, or accompanied, the plant—the identification code for the tag. 443 Record books property of the State A record book supplied by the chief executive is the property of the State. 444 Where and for how long record book must be kept (1) A person who keeps a record book under the Act must keep the record book— (a) in a secure way— (i) for a holder of a commercial activity permit—in the vehicle used for the activity being carried out under the permit; or (ii) for a person who keeps a prescribed exempt bird—at the place the person keeps the bird; or (iii) for a holder, or a relevant person for a holder, of a commercial wildlife licence (mobile)— (A) while the mobile facility for which the licence is granted is being used to carry out activities under the licence, the particulars of which are required to be included in the record book—in the facility; or (B) otherwise—at the licensed premises for the licence; or (iv) for a holder, or a relevant person for a holder, of a relevant authority other than a commercial activity permit or a commercial wildlife licence (mobile)— (A) at the licensed premises for the authority; or (B) if the holder is a corporation and the licensed premises for the authority are not open for business—at an office of the corporation that is in the State; or (v) for a person authorised to keep a record book for a holder of a relevant authority for wildlife under a

s 445 282 Nature Conservation Regulation 1994 s 445 conservation plan that relates to the wildlife—at the place stated in the conservation plan; and (b) for the period required under section 473. 155 Maximum penalty—120 penalty units (2) However, if a person is displaying an animal under a wildlife demonstrator licence or a wildlife exhibitor licence, the person must, while displaying the animal, keep the record book in a secure way in the person’s possession. Maximum penalty—120 penalty units. (3) Also, subsection (1) is subject to any provision of a conservation plan that requires the person to keep the record book at a different place. 156 445 General information that must be included in record book (1) A person required to keep a record book under the Act must ensure the relevant record particulars for the person are included in the record book. 157 Maximum penalty— (a) for a holder of a commercial activity permit—50 penalty units; or (b) for another person—120 penalty units. (2) However, subsection (1) is subject to any provision of a conservation plan about the information that must be included in the book. 155 Section 473 (Period for which particular documents must be kept) See also chapter 4 (General provisions), part 3 (Provisions about record books) for the requirements for record books required to be kept under the Act. 156 For the holder, or a relevant person for the holder, of a commercial wildlife harvesting licence for macropods, see the Nature Conservation (Macropod) Conservation Plan 2005 , section 71 (Where record and return book must be kept—holders or relevant persons). 157 See also, section 99 (Procedure if wildlife stolen).

s 446 283 Nature Conservation Regulation 1994 s 447 446 When record particulars to be included in record book (1) A person required to keep a record book under the Act must ensure a record particular required to be included in the record book is included on the prescribed day for the particular. Maximum penalty—120 penalty units. (2) However, subsection (1) does not apply if a conservation plan requires the person to include the record particular on a different day. 158 447 Additional information to be included for wildlife exhibitor licences (1) This section applies only to a holder of a wildlife exhibitor licence if the holder, or a relevant person for the holder, keeps a sick, injured or orphaned animal under the licence. (2) The holder must ensure the following information about the animal is included in the record book for the licence on the day required under subsection (3)— (a) if the animal is sick or injured— (i) the nature of the sickness or injury; (ii) any treatment administered to the animal; (b) if the animal was orphaned—the place from where the animal was taken; (c) if the animal is released into the wild—the day the animal is released into the wild. Maximum penalty—120 penalty units. (3) For subsection (2), the day the information is required to be included is as follows— (a) if subsection (2)(a)(i) applies—the day the person becomes aware of the nature of the sickness or injury; (b) if subsection (2)(a)(ii) applies—the day the treatment is administered; 158 For a relevant authority for macropods, see the Nature Conservation (Macropod) Conservation Plan 2005 .

s 448 284 Nature Conservation Regulation 1994 s 450 (c) if subsection (2)(b) applies—the day the animal was taken; (d) if subsection (2)(c) applies—the day the animal of the release. 448 Information must be complete, accurate and legible (1) This section applies to a person who is required to keep a record book under the Act. (2) The person must the ensure the information entered in the book— (a) is complete and accurate; and (b) is legible; and (c) is in ink. Maximum penalty—100 penalty units. 449 Requirement to produce or surrender record book (1) This section applies to a person who is required to keep a record book under the Act. (2) The person must— (a) if asked by a conservation officer, produce the record book for inspection by the officer; and (b) if asked, in writing, by the chief executive, surrender the book to the chief executive. Maximum penalty—120 penalty units. 450 Requirement to notify chief executive of loss etc. (1) This section applies if a record book kept under the Act is stolen, lost, destroyed or damaged. (2) The person who is required to keep the book under the Act must immediately after becoming aware of the theft, loss, destruction or damage, give the chief executive a written notice stating the book has been stolen, lost, destroyed or damaged.

s 451 285 Nature Conservation Regulation 1994 s 453 Maximum penalty—120 penalty units. (3) If the person who keeps the book under the Act is not the person mentioned in subsection (2), the person must, immediately after becoming aware of the theft, loss, destruction or damage, notify the person mentioned in subsection (2) of the theft, loss, destruction or damage. Maximum penalty—40 penalty units. 451 Persons must not interfere with record books (1) A person must not interfere with a record book supplied by the chief executive. Maximum penalty—120 penalty units. (2) However, subsection (1) does not apply to a person who removes, from a record book, a page that is a copy of a return of operations if the person gives the page to the chief executive. (3) In this section— interfere with , a record book, includes— (a) removing a page from the record book; and (b) covering, erasing or modifying an entry in the record book. Part 4 Provisions about return of operations 452 Application of pt 4 This part applies to a person required to give the chief executive a return of operations under the Act. 453 Definitions for pt 4 In this part—

s 453 286 Nature Conservation Regulation 1994 s 453 commercial activity permit means a commercial activity permit granted under chapter 2, other than a commercial activity permit for filming or photography. prescribed period means— (a) for a commercial activity permit—each month, or part month, for which the permit is in force; or (b) for a commercial wildlife licence for an animal, commercial wildlife licence (mobile), wildlife demonstrator licence, wildlife exhibitor licence, wildlife farming licence, museum licence, educational purposes permit or scientific purposes permit— (i) each period of 1 year starting after the licence is granted; and (ii) if the licence ends within a year mentioned in subparagraph (i)—the period— (A) starting on the day after the end of the year immediately preceding the year in which the licence ended; and (B) ending on the day the licence ends; or (c) for a commercial wildlife harvesting licence, recreational wildlife harvesting licence, damage mitigation permit or collection authority to take and keep least concern wildlife— (i) each period of 3 months starting after the licence is granted; and (ii) if the licence ends within a 3 month period mentioned in subparagraph (i)—the period starting on the day after the 3 month period immediately preceding the period and ending on the day the licence ends; or (d) for a permit to keep protected wildlife— (i) if the holder of the permit is required to keep a record book for an animal kept under the permit— (A) each period of 1 year starting after the permit is issued; and

s 454 287 Nature Conservation Regulation 1994 s 455 (B) if the permit ends within a year mentioned in subsubparagraph (A)—the period starting on the day after the end of the year immediately preceding the year in which the permit ended and ending on the day the permit ends; or (ii) otherwise—the day the animal dies or escapes; or (e) for a commercial wildlife licence for protected plants— (i) each period of 6 months starting after the licence is granted; and (ii) if the licence ends within a 6 month period mentioned in subparagraph (i)—the period— (A) starting on the day after the end of the 6 month period immediately preceding the 6 month period in which the licence ended; and (B) ending on the day the licence ends. 454 Form and nature of return of operations (1) This section applies if a person is required to give the chief executive a return of operations under the Act. (2) The return must be in the approved form. (3) The return is the property of the State. 455 When return of operations must be given and the period for which they must be given (1) This section applies to a person required to give the chief executive a return of operations under the Act. (2) The person must ensure the return is given to the chief executive— (a) for each prescribed period for the authority; and (b) within— (i) for a return for a commercial activity permit—30 days after each prescribed period for the permit; or (ii) for another relevant authority—14 days after each

s 456 288 Nature Conservation Regulation 1994 s 457 prescribed period for the authority. Maximum penalty—120 penalty units. (3) Subsection (2) applies even if no relevant event for the return happened during the prescribed period. (4) However, subsection (2) does not apply if a conservation plan requires the holder to give the return for a different period or by a different day. 159 (5) In this section— relevant event , for a return of operations, means an event the particulars of which must be included in the return. 456 Information must be complete, accurate and legible (1) This section applies to a person required to give the chief executive a return of operations under the Act. (2) The person must ensure the information included in the return— (a) is complete and accurate; and (b) is legible; and (c) is in ink. Maximum penalty—100 penalty units. (3) However, subsection (2)(b) and (c) do not apply to a return that is given, on or after 1 July 2005, for a relevant authority for macropods by electronically communicating the return to the nominated return retrieval system. 457 Requirement about way and period for which return of operations must be kept (1) This section applies to a person required to give the chief executive a return of operations under the Act. (2) The person must keep a copy of the return— 159 See for a relevant authority for macropods—the Nature Conservation (Macropod) Conservation Plan 2005 .

s 458 289 Nature Conservation Regulation 1994 s 460 (a) in a secure way at the licensed premises for the relevant authority for which it is given; and (b) for the period required under section 473. 160 Maximum penalty—120 penalty units. (3) This section does not apply if the copy of the return is a part of a record and return book. 161 458 Requirement to produce return of operations for inspection (1) This section applies to a person required to give the chief executive a return of operations under the Act. (2) The person must, if asked by a conservation officer, produce a copy of the return for inspection by the officer. Maximum penalty—120 penalty units. 459 Requirement to notify chief executive of loss etc. (1) This section applies if— (a) a person keeps a return of operations under the Act; and (b) the return is stolen, lost, destroyed or damaged. (2) The person must, immediately after becoming aware of the theft, loss, destruction or damage, give the chief executive a written notice stating the return has been stolen, lost, destroyed or damaged. Maximum penalty—120 penalty units. (3) In this section— return of operations includes a copy of the return of operations. 460 Interfering with return of operations (1) A person must not interfere with a return of operations. 160 Section 473 (Period for which particular documents must be kept) 161 See, however, section 444 (Where and for how long record book must be kept).

s 461 290 Nature Conservation Regulation 1994 s 462 Maximum penalty—120 penalty units. (2) In this section— interfere with , a return of operations, includes covering, erasing or modifying an entry on the return. return of operations includes a copy of the return of operations. Part 5 Fees Division 1 Fees payable 461 Fees generally The fees payable under the Act are stated in schedule 7. 462 Additional fee for particular licences and permits (1) This section applies to a holder of a recreational wildlife licence or a permit to keep protected wildlife for any of the following animals— (a) glossy black cockatoo ( Calyptorhynchus funereus ); (b) palm cockatoo ( Probosciger aterrimus ); (c) green python of the Australian population ( Morelia viridis ). (2) If the holder has not done either of the following, the holder must pay twice the fee stated, in schedule 7, for the licence or permit— (a) taken a biological tissue sample from the animal and given it to an approved scientific institution; (b) inserted an approved electromagnetic implant into the animal and given the identification code for the implant to the chief executive.

s 463 291 Nature Conservation Regulation 1994 s 463 463 Reduced fee for particular land-holders (1) This section applies to the following licences— (a) a commercial wildlife licence for macropods; (b) a commercial wildlife harvesting licence for macropods; (c) a commercial wildlife licence for protected plants; (d) a commercial wildlife harvesting licence for protected plants. (2) If the licence is granted to a prescribed person for the land from where the macropods or plants are to be taken, the fee payable for the licence is half the fee stated, in schedule 7, for the licence. (3) In this section— close relative , of an individual, means the individual’s— (a) parent or grandparent; (b) brother or sister; or (c) child or grandchild. controlling member , of a corporation, means a person who— (a) is a member of the corporation; and (b) has a controlling role in the management of the corporation. prescribed person , for land, means— (a) if the land-holder of the land is a corporation—the following persons— (i) the corporation if a controlling member of the corporation lives on the land; (ii) a controlling member of the corporation if the controlling member lives on the land; or (b) if the land-holder of the land is an individual—the following persons— (i) a corporation for which the individual is a controlling member if the individual lives on the land;

s 464 292 Nature Conservation Regulation 1994 s 467 (ii) the individual if the individual lives on the land; (iii) a close relative of the individual if the close relative lives on the land; 464 Reduced fee if royalty payable under another permit (1) This section applies to a commercial wildlife harvesting licence for protected plants if the licence is granted to a person for taking a protected plant for which a royalty is payable under a permit under the Forestry Act 1959 , section 56. (2) The fee payable for the licence is half the fee stated, in schedule 7, for the licence. Division 2 Exemptions 465 Exemption from fee for camping permit for particular persons No fee is payable for a camping permit for a person who is in a national park to prepare a claim to, or a management plan for, the national park under the Aboriginal Land Act 1991 or Torres Strait Islander Land Act 1991 . 466 Exemption from fee for particular holders of recreational wildlife harvesting licence for lizards (1) This section applies to a recreational wildlife harvesting licence for a conservation plan lizard that is granted to the secretary of the committee of the Cunnamulla–Eulo Festival of Opals. (2) No fee is payable for the licence. (3) Also, no fee is payable for a tag supplied to the secretary under chapter 3, part 10, division 2. 467 Exemption from fee for particular wildlife farming licences No fee is payable for a wildlife farming licence for an animal if—

s 468 293 Nature Conservation Regulation 1994 s 470 (a) the licence is granted to a research or educational institution; and (b) the animal is to be used for genuine scientific research or educational purposes relating to wildlife farming. 468 Exemption from fee permits to keep protected wildlife No fee is payable for a permit to keep protected wildlife that is granted for the life of an animal. 469 Exemption from fee for particular collection authorities (1) This section applies to a collection authority for dead protected wildlife if granted to or for any of the following— (a) the Queensland Ambulance Service; (b) a non-profit organisation that is an incorporated association; (c) a school, college, university or university college. (2) No fee is payable for the authority. 470 Exemption from fee for recreational wildlife harvesting licence for protected plants that would be destroyed No fee is payable for a recreational wildlife harvesting licences for a protected plant if— (a) the licence is granted to a recreational plant society or a member of a recreational plant society; and (b) the plant would have, or is likely to have, been destroyed under an Act, if the licence were not granted. Examples for paragraph (b) of when a plant would have or is likely to have been destroyed under an Act — 1 a person holds a clearing permit under the Act that allows the person to destroy the plant 2 a person holds a tree clearing permit under the Land Act 1994 that allows the person to destroy the plant 3 a development approval under the Integrated Planning Act 1997 for the clearing of vegetation allows a person to destroy the plant

s 471 294 Nature Conservation Regulation 1994 s 473 471 Exemption from fee for recreational wildlife harvesting licence for whole protected plants that will be propagated and replanted No fee is payable for a recreational wildlife harvesting licences for a whole protected plant if— (b) the licence is granted to a voluntary conservation organisation; and (b) the plant is to be propagated and replanted in the area from where it is taken. 472 Exemption from fee for recreational wildlife harvesting licence for protected plant parts that will be propagated and replanted No fee is payable for a recreational wildlife harvesting licences for a seed or other propagating material of a vulnerable, rare, near threatened or least concern plant if the seed or material is to be propagated and replanted in the area from where it is taken. Part 6 Other general provisions 473 Period for which particular documents must be kept (1) This section applies to— (a) a person required to keep a record book, or a record and return book, supplied by the chief executive; and (b) a person required to keep a document under section 99,

s 474 295 Nature Conservation Regulation 1994 s 474 105, 107, 177, 226, 246, 394 or 457. 162 (2) The person must keep the book or document for— (a) if a conservation plan for the wildlife to which the book or document relates states the period for which the book or document must be kept—the period stated in the conservation plan; or (b) if paragraph (a) does not apply— (i) for a book or document about wildlife kept under a relevant authority—at least 2 years after the person ceases to hold any relevant authority for the wildlife; or (b) for another book or document—at least 2 years after the person ceases to keep the wildlife to which the book or document relates. 474 Requirement to notify chief executive of particular matters (1) This section applies to a holder of a relevant authority if the holder changes the holder’s— (a) name; or (b) postal, residential or business address. (2) The holder must immediately after changing the name or address give the chief executive a written notice stating— (a) the holder has made a change to the person’s name or address; and (b) the new name or address. Maximum penalty—10 penalty units. 162 Section 99 (Procedure if wildlife stolen), 105 (Requirement to keep and produce movement advice), 107 (Identification requirement for buying or selling protected, international or prohibited wildlife), 177 (Requirement to keep report about activities under licence), 226 (Minimum number of displays), 246 (Particular holders must keep report about particular activities), 394 (Requirement to keep records) or 457 (Requirement about way and period for which return of operations must be kept) See also section 444 (Where and for how long record book must be kept).

s 475 296 Nature Conservation Regulation 1994 s 475B 475 Prescribed class—Act, s 130 For section 130 163 of the Act, a person is an officer of a prescribed class if the person— (a) is an officer of another department; and (b) has an identity card issued by the department stating the person is a conservation officer under the Act. 475A Prescribed forest reserves for temporary continuation of beekeeping—Act, s 184 (1) Each forest reserve and former forest reserve mentioned in schedule 9A is prescribed for section 184 164 of the Act. (2) For subsection (1) and schedule 9A, a reference to a former forest reserve in schedule 9A is a reference to the area that was dedicated as the forest reserve immediately before the area became dedicated as a national park or national park (recovery). (3) Subsection (4) applies if an area that was formerly dedicated as a forest reserve is dedicated as a national park or national park (recovery). (4) The chief executive must ensure a map that shows the part of the national park or national park (recovery) that was formerly dedicated as the forest reserve is available for inspection by the public, free of charge, at the department’s central office. 475B Prescribed forest reserves for temporary continuation of horse riding—Act, s 184A (1) Each forest reserve and former forest reserve mentioned in schedule 9B is prescribed for section 184A 165 of the Act. (2) For subsection (1) and schedule 9B, a reference to a former forest reserve in schedule 9B is a reference to the area that 163 Section 130 (Identity cards) of the Act 164 Section 184A (Provision to allow horse riding in particular former forest reserves until 24 November 2013) of the Act 165 Section 184A (Provision to allow horse riding in particular former forest reserves until 24 November 2013) of the Act

s 476 297 Nature Conservation Regulation 1994 s 477 was dedicated as the forest reserve immediately before it became dedicated as a national park (recovery). (3) Subsection (4) applies if an area that was formerly dedicated as a forest reserve is dedicated as a national park (recovery). (4) The chief executive must ensure a map that shows the part of the national park (recovery) that was formerly dedicated as the forest reserve is available for inspection by the public, free of charge, at the department’s central office. 476 Approved forms The chief executive may approve forms for use under the Act. Chapter 5 Transitional provisions Part 1 Transitional provisions for Nature Conservation and Other Legislation Amendment Regulation (No. 3) 2003 Division 1 Definitions 477 Definitions for pt 1 In this part— amending regulation means the Nature Conservation and Other Legislation Amendment Regulation (No. 3) 2003 . unamended regulation means the Nature Conservation Regulation 1994 as in force before the commencement of section 478.

s 478 298 Nature Conservation Regulation 1994 s 480 Division 2 Continuing force of particular authorities 478 Continuing force of particular existing licences (1) This section applies to the following licences (each an existing licence ) in force immediately before the commencement of this section or granted under section 487— (a) a recreational wildlife (specialist) licence; (b) an international wildlife licence. (2) From the commencement, the existing licence, and any conditions of the existing licence, have force as if the existing licence were a recreational wildlife licence for the wildlife identified on the existing licence. (3) Subsection (2) has effect only for the term of the existing licence. 479 Continuing force of existing rescue permits (1) This section applies to a rescue permit, in force immediately before the commencement of this section or granted under section 487. (2) From the commencement, the rescue permit, and any conditions of the rescue permit, have force as if the rescue permit were a rehabilitation permit for the wildlife identified on the rescue permit. (3) Subsection (2) has effect only for the term of the rescue permit. Division 3 Effect of commencement on particular applications in progress 480 Applications in progress for particular licences (1) This section applies to an application for either of the following if the application is not finally decided before the commencement of this section—

s 481 299 Nature Conservation Regulation 1994 s 483 (a) a recreational wildlife (specialist) licence for an animal; (b) an international wildlife licence for an animal. (2) From the commencement, the application is taken to be an application for a recreational wildlife licence for the animal. 481 Applications in progress for rescue permits (1) This section applies to an application for a rescue permit for an animal if the application is not finally decided before the commencement of this section. (2) From the commencement, the application is taken to be an application for a rehabilitation permit for the animal. Division 4 Effect of commencement on particular appeals 482 Definitions for div 4 In this division— continuing appeal see section 483. 483 Application of div 4 This division applies to an appeal (a continuing appeal ) to the Magistrates Court if— (a) the decision being appealed against in the appeal is the refusal to grant— (i) a recreational wildlife (specialist) licence or international wildlife licence for an animal; or (ii) a rescue permit for an animal; and (b) the appeal was started but not decided before the commencement of this section.

s 484 300 Nature Conservation Regulation 1994 s 487 484 Appeal to be decided under provisions before commencement The court must decide the continuing appeal under the unamended regulation. 485 Effect of court decision to grant licence or permit If the court decides that the licence or permit must be granted, the chief executive must grant— (a) for an application for a recreational wildlife (specialist) licence or international wildlife licence for an animal—a recreational wildlife licence for the animal; or (b) for an application for a rescue permit for an animal—a rehabilitation permit for the animal. 486 Effect of court decision to returns matter back to chief executive (1) This section applies if the court returns the matter to the chief executive with directions. (2) The application is taken to be— (a) for an application for a recreational wildlife (specialist) licence or international wildlife licence for an animal—a recreational wildlife licence for the animal; or (b) for an application for a rescue permit for an animal—a rehabilitation permit for the animal. (3) The chief executive must follow the court’s directions to the extent possible. 487 Effect of court decision to not grant licence or permit If the court confirms the decision being appealed against, despite the commencement of the amending regulation— (a) the application continues to be an application for—

s 488 301 Nature Conservation Regulation 1994 s 489 (i) for an application for a recreational wildlife (specialist) licence for an animal—a recreational wildlife (specialist) licence for the animal; or (ii) for an application for an international wildlife licence for an animal—an international wildlife licence for the animal; or (iii) for an application for a rescue permit for an animal—a rescue permit for the animal; and (b) any further decision about the application must be made under the unamended regulation. Division 5 References to rescue permits in Acts or documents 488 References to rescue permits In an Act or document, a reference to a rescue permit granted under the Act is, if the context permits, taken to be a reference to a rehabilitation permit granted under the Act. Part 2 Transitional provisions for Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2005 Division 1 Definitions 489 Definitions for pt 2 In this part— amending regulation means the Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2005 . commencement means the day section 490 commences.

s 490 302 Nature Conservation Regulation 1994 s 491 existing application see section 494(2). relevant continuing appeal means an appeal to the Magistrates Court that— (a) is against a decision of the chief executive to refuse to grant a collection authority to take and keep common wildlife; and (b) was started but not decided before the commencement. unamended regulation means the Nature Conservation Regulation 1994 as in force before the commencement. Division 2 Transitional provisions for collection authorities to take and keep common wildlife 490 Continuing force of existing authorities (1) This section applies to a collection authority to take and keep common wildlife (an existing authority ) in force immediately before the commencement or granted under section 493. (2) From the commencement, the existing authority, and any conditions of the existing authority, have force as if the existing authority were a collection authority to take and keep least concern wildlife for the wildlife identified on the existing licence. (3) Subsection (2) has effect only for the term of the existing authority. 491 Applications in progress for authorities (1) This section applies to an application for a collection authority to take and keep common wildlife for an animal if the application is not finally decided before the commencement. (2) From the commencement, the application is taken to be an application for a collection authority to take and keep least concern wildlife for the animal.

s 492 303 Nature Conservation Regulation 1994 s 495 492 Continuing appeals for authorities to be decided under provisions before commencement The court must decide each relevant continuing appeal under the unamended regulation. 493 Effect of court decision to grant authority If the court decides that a collection authority to take and keep common wildlife for an animal must be granted, the chief executive must grant a collection authority to take and keep least concern wildlife for the animal. 494 Effect of court decision to returns matter back to chief executive (1) This section applies if the court returns the matter to which a relevant continuing appeal relates to the chief executive with directions. (2) The application to which the relevant continuing appeal relates (the existing application ) is taken to be an application for a collection authority to take and keep least concern wildlife for the animal to which the existing application relates. (3) The chief executive must follow the court’s directions to the extent possible. 495 Effect of court decision to not grant authority If the court confirms the decision being appealed against under a relevant continuing appeal, despite the commencement of the amending regulation— (a) the existing application continues to be an application for a collection authority to take and keep common wildlife for the animal to which the existing application relates; and (b) any further decision about the application must be made under the unamended regulation.

s 496 304 Nature Conservation Regulation 1994 s 498 Division 3 References to particular collection authorities or wildlife in relevant authorities or other documents 496 References to collection authorities to take and keep common wildlife In a relevant authority or another document, a reference to a collection authority to take and keep common wildlife granted under the Act is, if the context permits, taken to be a reference to a collection authority to take and keep least concern wildlife granted under the Act. 497 References to presumed extinct wildlife In a relevant authority or another document— (a) a reference to presumed extinct wildlife is, if the context permits, taken to be a reference to extinct in the wild wildlife; and (b) a reference to a presumed extinct animal is, if the context permits, taken to be a reference to an extinct in the wild animal; and (c) a reference to a presumed extinct plant is, if the context permits, taken to be a reference to an extinct in the wild plant. 498 References to common wildlife In a relevant authority or another document— (a) a reference to common wildlife is, if the context permits, taken to be a reference to least concern wildlife; and (b) a reference to a common animal is, if the context permits, taken to be a reference to a least concern animal; and (c) a reference to a common plant is, if the context permits, taken to be a reference to a least concern plant.

305 Nature Conservation Regulation 1994 Schedule 1 Powers of trustees of conservation parks or resources reserves section 26 Part 1 Conservation parks 1 Anderson Street and Kamerunga Conservation Parks (1) The trustees of the Anderson Street Conservation Park or the Kamerunga Conservation Park have, for the park for which they are the trustee, the powers of the chief executive under chapters 1 and 2. (2) However, the trustees do not have power— (a) to charge a fee for entry to the park; or (b) to grant any of the following— (i) an Aboriginal tradition or Island custom authority; (ii) a permit to take, use, keep or interfere with cultural or natural resources; (iii) a commercial activity or special activities permit. 1A Bayview Conservation Park (1) The trustees of the Bayview Conservation Park have, for the conservation park, the powers of the chief executive under chapters 1 and 2. (2) However, the trustees do not have power— (a) to charge a fee for entry to the park; or (b) to grant any of the following— (i) an Aboriginal tradition or Island custom authority; (ii) a permit to take, use, keep or interfere with cultural or natural resources.

306 Nature Conservation Regulation 1994 Schedule 1 (continued) 2 Beachmere, Buckleys Hole, Byron Creek, Neurum Creek, Sheep Station Creek and Wararba Creek Conservation Parks (1) The trustees of each of the following conservation parks have, for the conservation park for which they are the trustee, the powers of the chief executive under chapters 1 and 2— • Beachmere Conservation Park • Buckleys Hole Conservation Park • Byron Creek Conservation Park • Neurum Creek Conservation Park • Sheep Station Creek Conservation Park • Wararba Creek Conservation Park. (2) However, the trustees do not have power— (a) to charge a fee for entry to the park; or (b) to grant any of the following— (i) an Aboriginal tradition or Island custom authority; (ii) a permit to take, use, keep or interfere with cultural or natural resources; (iii) a commercial activity or special activities permit; (iv) a stock grazing, stock mustering or travelling stock permit; or (c) to approve the use of a herbicide or pesticide. 3 Bukkulla Conservation Park (1) The trustees of Bukkulla Conservation Park have, for the conservation park, the powers of the chief executive under chapters 1 and 2. (2) However, the trustees do not have power— (a) to charge a fee for entry to the park; or (b) to grant any of the following— (i) an Aboriginal tradition or Island custom authority;

307 Nature Conservation Regulation 1994 Schedule 1 (continued) (ii) a permit to take, use, keep or interfere with cultural resources. 4 Denmark Hill, Flinders Peak, Ipswich Pteropus, Mount Beau Brummell, White Rock and White Rock (Limited Depth) Conservation Parks (1) The trustees of each of the following conservation parks have, for the conservation park for which they the trustee, the powers of the chief executive under chapters 1 and 2— • Denmark Hill Conservation Park • Flinders Peak Conservation Park • Ipswich Pteropus Conservation Park • Mount Beau Brummell Conservation Park • White Rock Conservation Park • White Rock (Limited Depth) Conservation Park. (2) However, the trustees do not have power— (a) to charge a fee for entry to the park; or (b) to grant any of the following— (i) an Aboriginal tradition or Island custom authority; (ii) a permit to take, use, keep or interfere with cultural or natural resources; (iii) a commercial activity or special activities permit; (iv) a stock grazing, stock mustering or travelling stock permit; or (c) to approve the use of a herbicide or pesticide. 5 Lake Broadwater Conservation Park (1) The trustees of Lake Broadwater Conservation Park have, for the conservation park, the powers of the chief executive under chapters 1 and 2. (2) However, the trustees do not have power—

308 Nature Conservation Regulation 1994 Schedule 1 (continued) (a) to charge a fee for entry to the park; or (b) to grant any of the following— (i) an Aboriginal tradition or Island custom authority; (ii) a permit to take, use, keep or interfere with cultural or natural resources; (iii) a stock grazing or travelling stock permit; or (c) to approve— (i) the use of a herbicide or pesticide; or (ii) the landing of an aircraft or recreational craft. (3) Also, the trustees may grant a commercial activity permit only— (a) to a vendor of food and beverages temporarily within the conservation park for an event approved by the trustees; or (b) for a commercial activity associated with the conduct of power boat activities. 6 Lark Quarry Conservation Park (1) The trustees of Lark Quarry Conservation Park have, for the conservation park, the powers of the chief executive under chapters 1 and 2. (2) However, the trustees do not have power— (a) to charge a fee for entry to the park; or (b) to grant any of the following— (i) an Aboriginal tradition or Island custom authority; (ii) a permit to take, use, keep or interfere with cultural or natural resources; (iii) a commercial activity or special activities permit; (iv) a stock grazing, stock mustering or travelling stock permit; or (c) to approve the use of a herbicide or pesticide.

309 Nature Conservation Regulation 1994 Schedule 1 (continued) 7 Mount Whitfield Conservation Park (1) The trustees of Mount Whitfield Conservation Park have, for the conservation park, the powers of the chief executive under chapters 1 and 2. (2) However, the trustees do not have power— (a) to charge a fee for entry to the park; or (b) to grant any of the following— (i) an Aboriginal tradition or Island custom authority; (ii) a permit to take, use, keep or interfere with cultural or natural resources. (3) Also, the trustees may grant— (a) a commercial activity permit only for a commercial activity associated with the conduct of rock climbing at the Aeroglen quarry; and (b) a special activities permit only for a special activity associated with the conduct of rock climbing at the Aeroglen quarry. 8 Springwood Conservation Park (1) The trustees of Springwood Conservation Park have, for the conservation park, the powers of the chief executive under chapters 1 and 2. (2) However, the trustees do not have power— (a) to charge a fee for entry to the park; or (b) to grant any of the following— (i) an Aboriginal tradition or Island custom authority; (ii) a permit to take, use, keep or interfere with cultural or natural resources; (iii) a commercial activity or special activities permit;

310 Nature Conservation Regulation 1994 Schedule 1 (continued) (iv) a stock grazing, stock mustering or travelling stock permit; or (c) to approve the use of a herbicide or pesticide. Part 2 Resources reserves 9 Blackbraes, Cudmore, Flat Top Range, Moonstone Hill and Stones Country Resources Reserves (1) The trustees of each of the following resources reserves have, for the resources reserve for which they are the trustee, the powers of the chief executive under chapters 1 and 2— • Blackbraes Resources Reserve • Cudmore Resources Reserve • Flat Top Range Resources Reserve • Moonstone Hill Resources Reserve • Stones Country Resources Reserve. (2) However, the trustees do not have power— (a) to charge a fee for entry to the reserve; or (b) to grant any of the following— (i) an Aboriginal tradition or Island custom authority; (ii) a permit to take, use, keep or interfere with cultural or natural resources; (iii) a commercial activity or special activities permit; (iv) a stock grazing, stock mustering or travelling stock permit; or (c) to approve the use of a herbicide or pesticide.

311 Nature Conservation Regulation 1994 Schedule 2 Taking fish, invertebrate animals for use as bait and mud crabs in national parks section 27 Part 1 National parks where fish, invertebrate animals and mud crabs may be taken National park Areas within national park where fish, mud crabs and invertebrate animals may be taken Bladensburg National Park all areas Boodjamulla (Lawn Hill) National Gregory River Park Brampton Islands National Park all tidal areas Bowling Green Bay National Park all areas other than the Mt Elliot area, inland of the Bruce Highway Bushy Island National Park all tidal areas Cape Melville National Park all areas Cape Palmerston National Park all tidal areas Cape Upstart National Park all tidal areas and Station Creek Cedar Bay National Park all areas

312 Nature Conservation Regulation 1994 Schedule 2 (continued) National park Areas within national park where fish, mud crabs and invertebrate animals may be taken Conway National Park (a) all tidal areas other than in Repulse Creek; and (b) Repulse Creek, from its mouth upstream to a line between the western bank of Boulder Creek at its junction with Repulse Creek and a regulatory notice on the northern bank of Repulse Creek, 4.2km upstream from Repulse Bay at latitude 20º25.5'S and longitude 148º45.6'E. Currawinya National Park all areas Daintree National Park all tidal areas south of Cape Tribulation, other than Coopers Creek and Mossman Gorge Davies Creek National Park all areas Diamantina National Park all areas Dryander National Park all tidal areas Edmund Kennedy National Park all areas Ella Bay National Park all areas Endeavour River National Park all areas Eurimbula National Park Eurimbula Creek estuary Girringun National Park (formerly all areas Lumholtz National Park) Gloucester Islands National Park all tidal areas

313 Nature Conservation Regulation 1994 Schedule 2 (continued) National park Areas within national park where fish, mud crabs and invertebrate animals may be taken Great Sandy National Park all areas within the park on the mainland (formerly known as Cooloola National Park) and the tidal areas of Fraser Island north of a line from Eli Creek to Tenimby Creek Grey Peaks National Park all areas Hinchinbrook Island National Park all tidal areas other than Channel 9 Homevale National Park all areas Japoon National Park all areas Jardine River National Park all areas other than— (a) the Jardine River and tributaries above a point 5km upstream of the intersection of the Jardine River and the Old Peninsula Development Road; and (b) Eliot Creek Kurrimine Beach National Park all areas Lakefield National Park all areas Lindeman Islands National Park all tidal areas Lochern National Park all areas Maria Creek National Park all areas Millstream Falls National Park all areas

314 Nature Conservation Regulation 1994 Schedule 2 (continued) National park Areas within national park where fish, mud crabs and invertebrate animals may be taken Mitchell-Alice Rivers National Park all areas Molle Islands National Park all tidal areas Mungkan-Kandju National Park all areas other than Peach Creek Newry Islands National Park all tidal areas and Rabbit Creek North East Island National Park all tidal areas Northumberland Islands National Park all tidal areas Paluma Range National Park Crystal Creek Poona National Park Kalah Creek Reliance Creek National Park all areas Repulse Islands National Park all tidal areas Russell River National Park all areas Smith Islands National Park all tidal areas South Cumberland Islands National Park all tidal areas South Island National Park all tidal areas Starcke National Park all areas Sundown National Park all areas

315 Nature Conservation Regulation 1994 Schedule 2 (continued) National park Areas within national park where fish, mud crabs and invertebrate animals may be taken Swain Reefs National Park all tidal areas Tully Gorge National Park Tully River and Koolomon Creek below Elizabeth Grant Falls Welford National Park all areas West Hill National Park Bone Creek Whitsunday Islands National Park all tidal areas Wild Duck Island National Park all tidal areas Wooroonooran National Park all areas other than Beatrice River Falls and Behana Creek Part 2 Conditions for taking fish, invertebrate animals and mud crabs in protected areas 1 A person must not— (a) take a fish, invertebrate animal or mud crab ( Scylla serrata ) smaller or larger than the size (if any) prescribed under the Fisheries Act 1994 ; or (b) take more fish, invertebrate animals or mud crabs than the number (if any) prescribed under the Fisheries Act 1994 ; or (c) take fish, invertebrate animals or mud crabs in a way prohibited under the Fisheries Act 1994 ; or

316 Nature Conservation Regulation 1994 Schedule 2 (continued) (d) take a species of fish or invertebrate animal or mud crabs when or where the taking is prohibited under the Fisheries Act 1994 ; or (e) take fish or invertebrate animal of a species the taking of which is prohibited under the Fisheries Act 1994 ; or (f) take any species of the genus Euastacus (freshwater spiny crays) for use as bait.

317 Nature Conservation Regulation 1994 Schedule 3 Permitted uses in prescribed national parks 166 section 27A Column 1 Prescribed national park or part of prescribed national park Barron Gorge National Park Bunya Mountains National Park—the part identified as ‘Radio Tower’ on plan S35Bunya – 1 Capricornia Cays National Park—the part of Lady Musgrave Island shown as lots 1 and 2 on CP882206, containing an area of 1276m 2 Claremont Isles National Park—the part of Fife Island shown as lot 1 on CP882212, containing an area of 267m 2 Column 2 Permitted use Construction, maintenance and use of the following facilities for the extraction of not more than 50ML of water a day from Lake Placid— (a) a submerged water intake tower in Lake Placid (b) a vehicle access bridge from Barron Gorge Road to the water intake tower (c) a pump station on the north bank of the Barron River (d) a water mains under Barron Gorge Road A communications use A marine navigation use A marine navigation use 166 A copy of a drawing, map or plan mentioned in this schedule may be inspected, free of charge, during business hours, at the department’s office at 160 Ann Street Brisbane.

318 Nature Conservation Regulation 1994 Schedule 3 (continued) Column 1 Prescribed national park or part of prescribed national park Denham Group National Park—the part of Cairncross Island shown as lot 10 on CP898341, containing an area of 1682m 2 Dularcha National Park Flinders Group National Park—the part of King Island shown as lot 3 on CP882215, containing an area of 282m 2 Goold Island National Park Great Sandy National Park Column 2 Permitted use A marine navigation use Construction, maintenance and use of an underground sewer rising main constructed in accordance with drawing numbers 10606000–003 to 10606000–012 showing the route and construction details for the main A marine navigation use Construction, maintenance and use of a communications tower and supporting structures, constructed on an area of 6m diameter at the point 18.1607525 south and 146.1665211 east, for the operation of a radio repeater, seaphone repeater and radio link The following uses— (a) an electricity distribution use, or a communications use, consistent with orthophoto maps 15993-A1 and 15994-A1 and works plan 1100532; (b) a communications use consistent with drawing 254913F1

319 Nature Conservation Regulation 1994 Schedule 3 (continued) Column 1 Prescribed national park or part of prescribed national park Green Island National Park Holbourne Island National Park—the part shown as lot 115 on CP882203, containing an area of 203m 2 Howick Group National Park—the part of South Barrow Island shown as lot 1 on CP882197, containing an area of 212m 2 Lizard Island National Park—the part of Palfrey Island shown as lot 1 on CP882213, containing an area of 220m 2 Magnetic Island National Park—the part identified as ‘The Forts’ on plan S35Mag – 1 Orpheus Island National Park—the part of White Rock shown as lot 11 on CP882221, containing an area of 326m 2 Percy Isles National Park—the following parts— (a) the part of Pine Peak Island shown as lot 4 on CP882204 containing an area of 319m 2 ; (b) the part of Vernon Rocks shown as lot 1 on CP882205, containing an area of 235m 2 Column 2 Permitted use Construction and use of support structures for an extension of the tower that was situated on the Commonwealth land on 18 October 1996 to allow the operation of a ship reporting radar device A marine navigation use A marine navigation use A marine navigation use A communications use A marine navigation use A marine navigation use A marine navigation use

320 Nature Conservation Regulation 1994 Schedule 3 (continued) Column 1 Prescribed national park or part of prescribed national park Possession Island National Park—Eborac Island, shown as lot 11 on plan SO7, containing an area of about 4.45ha Restoration Island National Park—Restoration Rock, shown as lot 1 on plan WMT5, containing an area of about 2024m 2 Tamborine National Park—the part shown as ‘Approved Route’ on sheet 26 of the map for the Powerlink transmission grid for Greenbank–Maudsland Three Islands Group National Park—the part of Three Isles shown as lot 1 on CP882196, containing an area of 406m 2 Turtle Group National Park—the part of Petherbridge Island shown as lot 1 on CP882190, containing an area of 235m 2 Column 2 Permitted use A marine navigation use A marine navigation use An electricity distribution use A marine navigation use A marine navigation use

321 Nature Conservation Regulation 1994 Schedule 3 (continued) Column 1 Prescribed national park or part of prescribed national park Whitsunday Islands National Park—the following parts— (a) the part of Edward Island shown as lot 7 on CP882207, containing an area of 392m 2 ; b) the part of Hook Island shown as lot 6 on CP882209, containing an area of 261m 2 Wild Cattle Island National Park Column 2 Permitted use A marine navigation use A marine navigation use Construction, maintenance and use of the following facilities by Queensland Transport for the Port of Gladstone— (a) a shipping navigation leads tower and associated solar power equipment (b) a firebreak around the tower (c) a sight line of trimmed vegetation across the island (d) a vehicle access track within the sight line

322 Nature Conservation Regulation 1994 Schedule 4 Permitted uses in national parks section 27B Column 1 National park or part of national park Crater Lakes National Park—the part identified as the ‘Agreement area’ on plan Sec 37 Crater Lakes – 1 a Pioneer Peaks National Park—the part that is portion 410 on plan Ci.2614, in the Parish of Ossa, Country of Carlisle Column 2 Permitted use The construction, maintenance and use of buildings, structures and other improvements as part of, or for, a facility for providing tourism services A communications use a A copy of the plan may be inspected, free of charge, during business hours, at the department’s office at 160 Ann Street, Brisbane.

323 Nature Conservation Regulation 1994 Schedule 5 Minimum flying height over national parks section 82 Capricornia Cays National Park (scientific) The minimum height for flying over the following islands is 500ft above sea level— • East Fairfax Island • East Hoskyn Island • West Fairfax Island • West Hoskyn Island • Wreck Island. Capricornia Cays National Park The minimum height for flying over the following islands is 500ft above sea level— • Erskine Island • Heron Island • Lady Musgrave Island • Masthead Island • North West Island • Tryon Island • Wilson Island.

324 Nature Conservation Regulation 1994 Schedule 6 Processed products sections 406 and 407 Part 1 Definitions 1 Definitions for sch 6 In this schedule— approved tag means a tag that the chief executive has supplied, under chapter 3, part 11, division 2, for attaching to an animal to identify the animal as a processed product. natural product , of an animal, means a product that is shed, lost or excreted by the animal without any human inducement or other human intervention. Examples of natural products — 1 feathers of a bird that the bird naturally sheds or loses 2 skin of a snake that is naturally shed by the snake 3 teeth of a snake that is naturally passed in the faeces of the snake Part 2 Processed products made or derived from protected animals 2 Processed products made or derived from particular protected birds A dried, freeze-dried, skinned, or chemically treated dead recreational or restricted bird if the bird was lawfully taken, kept and used and either— (a) a holder of a commercial wildlife licence has— (i) mounted the dead bird; and (ii) attached an approved tag to the dead bird; or

325 Nature Conservation Regulation 1994 Schedule 6 (continued) (b) the bird was taken, kept and used in another State and is lawfully moved into the State. 3 Processed products made or derived from particular protected butterflies (1) A dead protected butterfly if— (a) a holder of a commercial wildlife licence or wildlife farming licence has— (i) mounted the dead butterfly; or (ii) placed the dead butterfly in resin or a resin-like substance; or (b) the butterfly was taken, kept and used in another State and is lawfully moved into the State. (2) In this section— protected butterfly means— (a) a protected butterfly that— (i) is a farm animal kept by a holder of a wildlife farming licence for the butterfly; and (ii) was lawfully taken or bred from a butterfly that was lawfully taken; and (iii) if the butterfly was taken or bred in another State—was lawfully moved into the State; or (b) a protected butterfly that was lawfully taken, kept and used in a place outside the State. 4 Processed products made or derived from particular protected crocodiles (1) The following processed products— (a) the skinned carcass, or meat, of a dead protected crocodile obtained by a person if— (i) the carcass or meat is obtained from a holder of a commercial wildlife licence or wildlife farming

326 Nature Conservation Regulation 1994 Schedule 6 (continued) licence; and (ii) the way the carcass or meat is packed complies with the requirements for packing the carcass or meat under the Food Production (Safety) Act 2000 ; and (iii) the carcass or meat was lawfully moved from the holder to the person; and (b) the skinned carcass, or meat, of a dead protected crocodile obtained by a person if— (i) the carcass or meat is lawfully obtained from a person in another State; and (ii) the way the carcass or meat is packed complies with any applicable law of the other State; and (iii) the carcass or meat is lawfully moved into the State to the person; (c) a fully tanned skin of a dead protected crocodile obtained by a person from a person outside the State if the skin has an export permit lawfully attached to it; or (d) a fully tanned skin of a dead protected crocodile obtained by a person from a holder of a commercial wildlife licence or wildlife farming licence; or (e) an egg of a dead protected crocodile if the egg— (i) has had its contents removed; and (ii) has an export permit lawfully attached to it; (f) the whole skin of a dead protected crocodile if— (i) the skin is mounted in a way to display the crocodile in whole form; and (ii) the skin is mounted by either of the following persons— (A) a holder of a commercial wildlife licence; (B) a person in another State who is authorised, under a law of that State, to mount the skin; and

327 Nature Conservation Regulation 1994 Schedule 6 (continued) (iii) the skin has an export permit lawfully attached to it; (g) the skull of a dead protected crocodile if the skull— (i) is prepared or mounted by 1 of the following persons— (A) a holder of a commercial wildlife licence; (B) a person outside the State who is authorised, under a law of that State, to prepare or mount the skull; and (ii) has an export permit lawfully attached to it; (h) another product of a dead protected crocodile if— (i) the product has an export permit lawfully attached to it; or (ii) if the product is packed in a container—the container— (A) is transparent; and (B) has an export permit lawfully attached to it. (2) In this section— protected crocodile means— (a) a protected crocodile that— (i) is a farm animal kept by a holder of a wildlife farming licence for the crocodile; and (ii) was lawfully taken or bred from a crocodile that was lawfully taken; and (iii) if the crocodile was taken or bred in another State—was lawfully moved into the State; or (b) a protected crocodile that was lawfully taken, kept and used in a place outside the State.

328 Nature Conservation Regulation 1994 Schedule 6 (continued) 5 Processed products made of or derived from particular protected emus (1) The following processed products— (a) the skinned carcass, or meat, of a dead protected emu obtained by a person if— (i) the carcass or meat is obtained from a holder of a commercial wildlife licence or wildlife farming licence for the emu; and (ii) the way the carcass or meat is packed complies with the requirements about packing the carcass or meat under the Food Production (Safety) Act 2000 ; and (iii) the carcass or meat is lawfully moved from the holder to the person; (b) the skinned carcass, or meat, of a dead protected emu obtained by a person if— (i) the carcass or meat is lawfully obtained from a person in another State; and (ii) the way the carcass or meat is packed complies with any applicable law of the other State; and (iii) the carcass or meat is lawfully moved into the State; (c) the whole skin of a dead protected emu if the skin is fleshed and tanned at the licensed premises for a commercial wildlife licence or wildlife farming licence for emus; (d) the whole skin of a dead protected emu if— (i) the skin is mounted in a way to display the emu in whole form; and (ii) the skin is mounted by a holder of a commercial wildlife licence for a dead protected emu or a person in another State who is authorised, under a law of that other State, to mount the skin; and (iii) the skin has an approved tag lawfully attached to it:

329 Nature Conservation Regulation 1994 Schedule 6 (continued) (e) the skin from the leg of a dead protected emu if the skin is fleshed and tanned at the licensed premises for a commercial wildlife licence or wildlife farming licence for emus; (f) an egg of a live or dead protected emu if the egg— (i) has had its contents removed; and (ii) has an approved mark on it; (g) a feather from a live or dead protected farm emu; (h) oil or fat derived from a dead protected farm emu; (i) a beak, foot or bone of a protected farm emu if the beak, foot or bone is in a sealed container with an approved label lawfully attached to it. (2) In this section— approved label means a label that— (a) is of a size required for a product label under the emu code; and (b) includes all the information required for a product label under the emu code. approved mark means a mark that— (a) is of a size and format approved by the chief executive for a shell mark under the emu code; and (b) includes all the information required for a shell mark under the emu code. protected emu means— (a) a protected emu that— (i) is a farm animal kept by a holder of a wildlife farming licence for the emu; and (ii) was lawfully taken or bred from an emu that was lawfully taken; and (iii) if the emu was taken or bred in another State—was lawfully moved into the State; or

330 Nature Conservation Regulation 1994 Schedule 6 (continued) (b) a protected emu that was lawfully taken, kept and used in a place outside the State. 6 Processed products made or derived from other protected animals (1) This section applies to a dead protected animal other than— (a) a harvest macropod; or (b) an animal to which item 2, 3, 4 or 5 of this schedule applies. (2) The following processed products— (a) the skinned carcass, or meat, of a dead protected animal obtained by a person if— (i) the carcass or meat is obtained from a holder of a commercial wildlife licence for the animal; and (ii) the way the carcass or meat is packed complies with the requirements about packing the carcass or meat under the Food Production (Safety) Act 2000 ; and (iii) the carcass or meat is lawfully moved from the holder to the person; (b) the skinned carcass, or meat, of a dead protected animal obtained by the person if— (i) the animal was lawfully taken, kept and used in another State; and (ii) the carcass or meat is lawfully obtained from a person in another State; and (iii) the way the carcass or meat is packed complies with any applicable law of the other State; and (iv) the carcass or meat is lawfully moved into the State; (c) the skin of the dead protected animal if the animal was lawfully taken, kept and used and—

331 Nature Conservation Regulation 1994 Schedule 6 (continued) (i) the skin was fully tanned by the holder of a commercial wildlife licence or a recreational wildlife harvesting licence for the animal; or (ii) the skin was obtained by a person from a place outside the State and the skin— (A) was fully tanned by a person who is authorised, under a law of the place, to tan the animal; and (B) is lawfully moved into the State; (d) a dead protected animal if the animal— (i) was lawfully taken, kept and used; and (ii) has an approved tag lawfully attached to it; (e) the dehydrated and crystallised venom of a snake if the snake— (i) is a farm animal; and (ii) was lawfully taken, kept and used; (f) a natural product of a least concern animal if— (i) the animal has been lawfully taken and is being lawfully kept; and (ii) the product is used only for retail sale. Part 3 Processed products made or derived from protected plants 7 Processed products made or derived from protected plants A protected plant part obtained from a place in another State if the plant part was moved into the State under a wildlife movement permit and—

332 Nature Conservation Regulation 1994 Schedule 6 (continued) (a) the way the plant part is packed and tagged complies with the requirements of any applicable law of the other State; and (b) the movement of the plant part from the other State into the State is authorised under any applicable law of the other State.

333 Nature Conservation Regulation 1994 Schedule 7 Fees sections 461 to 464 Part 1 Fees for permits for protected areas $ 1 Camping permit, other than if a commercial activity permit is required—each night— (a) for each person 5 years or older taking part in an educational tour or camp of a type approved by the chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.50 (b) for each other person 5 years or older . . . . . . . . . . . . 4.50 (c) maximum for a family . . . . . . . . . . . . . . . . . . . . . . . . 18.00 2 Commercial activity permit for filming or photography—no structures involved— (a) if only 1 or 2 people are involved in the filming or photography— (i) application fee. . . . . . . . . . . . . . . . . . . . . . . . . . nil (ii) daily site fee . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.20 (b) if only 3 to 5 people are involved in the filming or photography— (i) application fee. . . . . . . . . . . . . . . . . . . . . . . . . . 120.90 (ii) daily site fee . . . . . . . . . . . . . . . . . . . . . . . . . . . 59.75 (c) if 6 or more people are involved in the filming or photography— (i) application fee. . . . . . . . . . . . . . . . . . . . . . . . . . 240.70 (ii) daily site fee . . . . . . . . . . . . . . . . . . . . . . . . . . . 120.90 3 Commercial activity permit for filming or photography—structure involved— (a) if only 1 to 5 people are involved in the filming or photography— (i) application fee. . . . . . . . . . . . . . . . . . . . . . . . . . 120.90 (ii) daily site fee . . . . . . . . . . . . . . . . . . . . . . . . . . . 120.90

334 Nature Conservation Regulation 1994 Schedule 7 (continued) $ (b) if only 6 to 25 people are involved in the filming or photography— (i) application fee. . . . . . . . . . . . . . . . . . . . . . . . . . 601.00 (ii) daily site fee . . . . . . . . . . . . . . . . . . . . . . . . . . . 601.00 (c) if only 26 to 50 people are involved in the filming or photography— (i) application fee. . . . . . . . . . . . . . . . . . . . . . . . . . 1 204.00 (ii) daily site fee . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 204.00 (d) if 51 or more people are involved in the filming or photography— (i) application fee. . . . . . . . . . . . . . . . . . . . . . . . . . 2 413.00 (ii) daily site fee . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 413.00 4 Commercial activity permit, other than for filming or photography— (a) application fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229.10 (b) application fee for renewal of permit. . . . . . . . . . . . . 114.60 (c) permit fee— (i) for 3 months or less. . . . . . . . . . . . . . . . . . . . . . 46.05 (ii) for more than 3 months but not more than 1 year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183.00 (iii) for more than 1 year but not more than 2 years 367.40 (iv) for more than 2 years . . . . . . . . . . . . . . . . . . . . 522.00 (d) additional daily fee for each client of the holder of the permit taking part in the activity— (i) for an activity lasting less than 3 hours. . . . . . . 1.40 (ii) for an activity lasting 3 hours or more . . . . . . . 2.60 (e) camping fee for each client of the holder of the permit taking part in the activity . . . . . . . . . . . . . . . . 4.50 5 Group activity permit— (a) application fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.90 (b) additional daily fee if special access is to be allowed, special supervision is needed, or an area reserved for use— (i) for a vehicle-based activity—each vehicle . . . . 3.50 (ii) for a people-based activity—each person. . . . . 1.75

335 Nature Conservation Regulation 1994 Schedule 7 (continued) $ 6 Apiary permit— (a) for 6 months or less . . . . . . . . . . . . . . . . . . . . . . . . . . 68.19 (b) for more than 6 months but not more than 1 year . . . 101.77 (c) for more than 1 year but not more than 2 years . . . . . 183.18 (d) for more than 2 years but not more than 3 years . . . . 259.51 (e) for more than 3 years but not more than 4 years . . . . 325.66 (f) for more than 4 years but not more than 5 years . . . . 381.63 7 Application to transfer apiary permit. . . . . . . . . . . . . . . . . 51.45 Part 2 Fees for licences, permits or other authorities, other than for protected areas Division 1 Licences for animals $ 1 Commercial wildlife licence (wildlife interaction) . . . . . . 109.30 2 Commercial wildlife licence for animals— (a) for only commercial birds or only commercial reptiles— (i) for 1 month or less . . . . . . . . . . . . . . . . . . . . . . 91.95 (ii) for more than 1 month but not more than 1 year 459.20 (iii) for more than 1 year . . . . . . . . . . . . . . . . . . . . . 1 308.00 (b) for only commercial birds and commercial reptiles— (i) for 1 month or less . . . . . . . . . . . . . . . . . . . . . . 146.10 (ii) for more than 1 month but not more than 1 year 568.00 (iii) for more than 1 year . . . . . . . . . . . . . . . . . . . . . 1 611.00

336 Nature Conservation Regulation 1994 Schedule 7 (continued) $ (c) for only commercial scorpions and commercial spiders— (i) for 1 month or less . . . . . . . . . . . . . . . . . . . . . . 21.60 (ii) for more than 1 month but not more than 1 year 108.20 (iii) for more than 1 year . . . . . . . . . . . . . . . . . . . . . 303.05 (d) for only commercial scorpions, commercial spiders and either, but not both, commercial birds or commercial reptiles— (i) for 1 month or less . . . . . . . . . . . . . . . . . . . . . . 104.00 (ii) for more than 1 month but not more than 1 year 476.20 (iii) for more than 1 year . . . . . . . . . . . . . . . . . . . . . 1 354.00 (e) for only commercial scorpions, commercial spiders, commercial birds and commercial reptiles— (i) for 1 month or less . . . . . . . . . . . . . . . . . . . . . . 158.20 (ii) for more than 1 month but not more than 1 year 583.00 (iii) for more than 1 year . . . . . . . . . . . . . . . . . . . . . 1 656.00 (f) for only dead macropods— (i) for 1 year or less— (A) until the end of 31 December 2006. . . . . . 468.00 (B) on and from 1 January 2007 . . . . . . . . . . . 481.50 (ii) for more than 1 year— (A) until the end of 31 December 2006. . . . . . 1 325.00 (B) on and from 1 January 2007 . . . . . . . . . . . 1 363.00 (g) for other commercial wildlife licences— (i) for 1 month or less . . . . . . . . . . . . . . . . . . . . . . 91.95 (ii) for more than 1 month but not more than 1 year 459.20 (iii) for more than 1 year . . . . . . . . . . . . . . . . . . . . . 1 308.00 (h) for adding only commercial birds or only commercial reptiles to licence granted for commercial scorpions and commercial spiders— (i) for 1 month or less . . . . . . . . . . . . . . . . . . . . . . 82.40 (ii) for more than 1 month but not more than 1 year 368.00 (iii) for more than 1 year . . . . . . . . . . . . . . . . . . . . . 1 051.00

337 Nature Conservation Regulation 1994 Schedule 7 (continued) $ (i) for adding commercial birds and commercial reptiles to licence granted for commercial scorpions and commercial spiders— (i) for 1 month or less . . . . . . . . . . . . . . . . . . . . . . 136.55 (ii) for more than 1 month but not more than 1 year 475.25 (iii) for more than 1 year . . . . . . . . . . . . . . . . . . . . . 1 353.00 (j) for adding commercial scorpions and commercial spiders to licence granted for only commercial birds or only commercial reptiles or only commercial birds and commercial reptiles— (i) for 1 month or less . . . . . . . . . . . . . . . . . . . . . . 12.10 (ii) for more than 1 month but not more than 1 year 16.95 (iii) for more than 1 year . . . . . . . . . . . . . . . . . . . . . 45.30 (k) for adding commercial birds to licence granted for only commercial reptiles or adding commercial reptiles to licence granted for only commercial birds— (i) for 1 month or less . . . . . . . . . . . . . . . . . . . . . . 54.20 (ii) for more than 1 month but not more than 1 year 108.75 (iii) for more than 1 year . . . . . . . . . . . . . . . . . . . . . 302.55 3 Commercial wildlife licence (mobile) . . . . . . . . . . . . . . . . 4 000.00 4 Recreational wildlife licence for animals— (a) standard fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54.05 (b) additional fee if the licence is for restricted animals . 162.30 (c) additional fee if the licence is for international animals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.05 (d) for adding restricted animals to a licence granted for animals other than restricted animals . . . . . . . . . . . . 162.30 (e) for adding international animals to a licence granted for animals other than international animals . . . . . . . 12.05 5 Commercial wildlife harvesting licence for animals— (a) for macropods— (i) until the end of 31 December 2006. . . . . . . . . . 106.20 (ii) on and from 1 January 2007 . . . . . . . . . . . . . . . 109.30 (b) for spiders or scorpions . . . . . . . . . . . . . . . . . . . . . . . 221.70

338 Nature Conservation Regulation 1994 Schedule 7 (continued) $ (c) for other animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229.10 6 Recreational wildlife harvesting licence for animals— (a) for macropods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51.70 (b) for other animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51.70 7 Wildlife demonstrator licence— (a) for 1 month or less . . . . . . . . . . . . . . . . . . . . . . . . . . . 120.90 (b) for more than 1 month but not more than 1 year . . . . 590.00 (c) for more than 1 year. . . . . . . . . . . . . . . . . . . . . . . . . . 1 682.00 8 Wildlife exhibitor licence— (a) for 1 month or less . . . . . . . . . . . . . . . . . . . . . . . . . . . 177.90 (b) for more than 1 month but not more than 1 year . . . . 896.00 (c) for more than 1 year. . . . . . . . . . . . . . . . . . . . . . . . . . 2 557.00 9 Wildlife farming licence— (a) for butterflies— (i) for 1 year or less . . . . . . . . . . . . . . . . . . . . . . . . 120.90 (ii) for more than 1 year . . . . . . . . . . . . . . . . . . . . . 344.20 (b) for crocodiles— (i) for 1 year or less . . . . . . . . . . . . . . . . . . . . . . . . 947.00 (ii) for more than 1 year . . . . . . . . . . . . . . . . . . . . . 2 700.00 (c) for emus— (i) for 1 year or less . . . . . . . . . . . . . . . . . . . . . . . . 355.80 (ii) for more than 1 year . . . . . . . . . . . . . . . . . . . . . 1 016.00 (d) for reptiles of the family Elapidae, Hydrophiidae or Laticaudidae— (i) for 1 year or less . . . . . . . . . . . . . . . . . . . . . . . . 240.70 (ii) for more than 1 year . . . . . . . . . . . . . . . . . . . . . 689.00 (e) for water buffalos— (i) for 1 year or less . . . . . . . . . . . . . . . . . . . . . . . . 344.20 (ii) for more than 1 year . . . . . . . . . . . . . . . . . . . . . 982.00

339 Nature Conservation Regulation 1994 Division 2 Schedule 7 (continued) Permits for animals $ 10 Permit to keep protected wildlife. . . . . . . . . . . . . . . . . . . . 54.05 11 Commercial whale watching permit— (a) if boat length is 15m or less. . . . . . . . . . . . . . . . . . . . 574.00 (b) if boat length is more than 15m but not more than 20m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 918.00 (c) if boat length is more than 20m . . . . . . . . . . . . . . . . . 1 722.00 (d) daily fee—each passenger— (i) if passenger less than 5 years . . . . . . . . . . . . . . nil (ii) if passenger 5 years or more but less than 15 years. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.40 (iii) if passenger 15 years or more . . . . . . . . . . . . . . 2.60 Division 3 Collection authorities for animals 12 Collection authority to keep a collection of dead protected wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Collection authority to take and keep least concern wildlife. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54.05 68.95 Division 4 Licences for protected plants $ 14 Commercial wildlife licence for protected plants— (a) for 1 month or less . . . . . . . . . . . . . . . . . . . . . . . . . . . 91.95 (b) for more than 1 month but not more than 1 year . . . . 459.20 (c) for more than 1 year. . . . . . . . . . . . . . . . . . . . . . . . . . 1 308.00 15 Recreational wildlife licence for protected plants . . . . . . . 54.05

340 Nature Conservation Regulation 1994 Schedule 7 (continued) 16 Commercial wildlife harvesting licence for protected plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Recreational wildlife harvesting licence for protected plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 229.90 51.70 Division 5 Permit and movement advice for moving wildlife 18 Wildlife movement permit. . . . . . . . . . . . . . . . . . . . . . . . . 19 Movement advice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11.40 2.70 Part 3 Fees for tags $ 1 Tag for a farm crocodile skin. . . . . . . . . . . . . . . . . . . . . . . 1.45 2 Tag for a farm emu skin. . . . . . . . . . . . . . . . . . . . . . . . . . . 1.05 3 Tag for a macropod skin or carcass— (a) for a commercial wildlife harvesting licence for macropods—each lot of 500 tags— (i) until the end of 31 December 2006. . . . . . . . . . 318.00 (ii) on and from 1 January 2007 . . . . . . . . . . . . . . . 327.20 (b) for a recreational wildlife harvesting licence for macropods—each tag . . . . . . . . . . . . . . . . . . . . . . . . 0.70 4 Tag for a restricted plant . . . . . . . . . . . . . . . . . . . . . . . . . . 0.40 5 Tag that is an approved mark of the department . . . . . . . . 5.90

341 Nature Conservation Regulation 1994 Part 4 Schedule 7 (continued) Fees for sampling or implanting animals $ 1 An approved electromagnetic implant. . . . . . . . . . . . . . . . 12.15 2 Consumable used to obtain a biological tissue sample of an animal and storage of the sample by an approved scientific institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23.55 Part 5 Fees for record books and record and return books $ 1 Record and return book for holder of commercial wildlife licence for macropods— (a) until the end of 31 December 2006 . . . . . . . . . . . . . . 22.90 (b) on and from 1 January 2007 . . . . . . . . . . . . . . . . . . . 23.55 2 Record and return book for holder of commercial wildlife harvesting licence for macropods— (a) until the end of 31 December 2006 . . . . . . . . . . . . . . 5.75 (b) on and from 1 January 2007 . . . . . . . . . . . . . . . . . . . 5.90 3 Record and return book for holder of commercial wildlife harvesting licence for protected plants . . . . . . . . . . . . . . . 11.75 4 Record book for another licence or a permit to keep protected wildlife— (a) for a book with 20 pages . . . . . . . . . . . . . . . . . . . . . . 5.90 (b) for a book with 50 pages . . . . . . . . . . . . . . . . . . . . . . 14.35

342 Nature Conservation Regulation 1994 Part 6 Schedule 7 (continued) Other fees $ 1 For an amendment, other than a change of address or an amendment already mentioned in this schedule, of a licence, permit or other authority for which a fee is payable that is requested by the holder of the licence, permit or authority— (a) for an amendment of a camping permit granted, under section 42E or 42F, for an e-permit camping area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . nil (b) for another amendment—each amendment . . . . . . . . 12.05

343 Nature Conservation Regulation 1994 Schedule 8 Domestic animals schedule 10, definition domestic animal 1 An alpaca, banteng cattle ( Bos banteng ), cattle ( Bos taurus or Bos indicus ), deer, llama or sheep. 2 An apiary bee other than an indigenous bee. 3 A camel, cat ( Felis catus ), dog ( Canis familiaris ), donkey, goat, guinea pig, horse, mule or pig. 4 A captive bred domestic chicken, duck, goose or turkey, other than a chicken, duck, goose or turkey that is indigenous to Australia. 5 The captive bred domestic form of the house mouse ( Mus musculus ) and brown rat ( Rattus norvegicus ). 6 The larval stage of Ambystoma mexicanum, commonly known as the Mexican walking fish or Axolotl. 7 An ostrich, a peafowl or pheasant of the family Phasianidae, other than quail indigenous to Australia. 8 The following birds— Common Name Scientific Name Abyssinian yellow-rumped seedeater African silverbill Alexandrine parakeet barred parakeet black lory black-and-white munia black-capped lory black-capped parakeet black-capped siskin Serinus xanthopygius Lonchura cantans Psittacula eupatria Bolborhynchus lineola Chalcopsitta atra Lonchura bicolor Lorius lory Yrrhura rupicola Carduelis atriceps

344 Nature Conservation Regulation 1994 Schedule 8 (continued) Common Name Scientific Name black-headed munia black-headed parrot black-headed siskin black-rumped waxbill black-winged lory blossom-headed parakeet blue-and-yellow macaw blue-black grassquit blue-crowned hanging-parrot blue-crowned parakeet blue-fronted parrot blue-streaked lory blue-throated parakeet blue-winged macaw bronze munia burrowing parakeet California quail Canada goose cardinal lory chattering lory chestnut-fronted macaw chukar common pheasant common quail common redpoll Lonchura malacca Pionites melanocephala Carduelis notata Estrilda troglodytes Eos cyanogenia Psittacula roseata Ara ararauna Volatinia jacarina Loriculus galgulus Aratinga acuticaudata Amazona aestiva Eos reticulata Pyrrhura cruentata Ara maracana Lonchura cucullata Cyanoliseus patagonus Callipepla californica Branta canadensis Chalcopsitta cardinalis Lorius garrulus Ara severa Alectoris chukar Phasianus colchicus Coturnix coturnix Carduelis flammea

345 Nature Conservation Regulation 1994 Schedule 8 (continued) Common Name Scientific Name common waxbill Estrilda astrild cordon bleus Uraeginthus spp. crimson-bellied parakeet Pyrrhura rhodogaster cuban grassquit Tiaris canora Cuban parrot Amazona leucocephala cut-throat Amadina fasciata derbyan parakeet Psittacula derbiana doves, including ruddy turtle, Streptopelia spp. senegal laughing, harlequin and pink-headed dusky lory Pseudeos fuscata dusky-headed parakeet Aratinga weddellii Dybowski’s twinspot Euschistospiza dybowskii eastern paradise whydah Vidua paradisaea Edwards’ pheasant Lophura edwardsi Egyptian goose Alopochen aegyptiacus Eurasian linnet Carduelis cannabina Eurasian siskin Carduelis spinus Eurasian skylark Alauda arvensis European goldfinch Carduelis carduelis European greenfinch Carduelis chloris European serin Serinus serinus fan-tailed widowbird Euplectes axillaris fiery-shouldered parakeet Pyrrhura egregia golden parakeet Aratinga guarouba golden-capped parakeet Aratinga auricapilla

346 Nature Conservation Regulation 1994 Schedule 8 (continued) Common Name goldie’s lorikeet great green macaw green avadavat green peafowl green-cheeked parakeet green-winged pytilia grey parrot grey-capped greenfinch grey-headed munia greylag goose helmeted guineafowl hooded siskin house sparrow hyacinth macaw Indian peafowl island canary jandaya parakeet japanese quail java sparrow javan munia Joby Island dove kalij pheasant lavender waxbill lilac-crowned parrot love birds Scientific Name Psitteuteles goldiei Ara ambigua Amandava formosa Pavo muticus Pyrrhura molinae Pytilia melba Psittacus erithacus Carduelis sinica Lonchura caniceps Anser anser Numida meleagris Carduelis magellanica Passer domesticus Anodorhynchus hyacinthinus Pavo cristatus Serinus canaria Aratinga jandaya Coturnix japonica Padda oryzivora Lonchura leucogastroides Gallicolumbia jobiensis Lophura leucomelanos Estrilda caerulescens Amazona finschi Agapornis spp.

347 Nature Conservation Regulation 1994 Schedule 8 (continued) Common Name luzon bleeding-heart Madagascar red fody magpie munia malabar parakeet mallard mandarin duck maroon-bellied parakeet maroon-tailed parakeet meyer’s parrot military macaw mindanao lorikeet moluccan king-parrot monk parakeet muscovy duck mute swan namaqua dove nanday parakeet New Zealand scaup nicobar pigeo northern bobwhite olive-headed lorikeet orange-cheeked waxbill orange-winged parrot oriental magpie-robin ornate lorikeet Scientific Name Gallicolumba luzonica Foudia madagascariensis Lonchura fringilloides Psittacula columboides Anas platyrhynchos Aix galericulata Pyrrhura frontalis Pyrrhura melanura Poicephalus meyeri Ara militaris Trichoglossus johnstoniae Alisterus amboinensis Myiopsitta monachus Cairina moschata Cygnus olor Oena capensis Nandayus nenday Aythya novaeseelandiae Caloenas nicobarica Colinus virginianus Trichoglossus euteles Estrilda melpoda Amazona amazonica Copsychus saularis Trichoglossus ornatus

348 Nature Conservation Regulation 1994 Schedule 8 (continued) Common Name Pacific parrotlet painted parakeet paradise shelduck peach-fronted parakeet pearly parakeet pin-tailed parrotfinch pin-tailed whydah plain-backed sparrow plum-headed parakeet purple-naped lory razor-billed curassow red avadavat red bishop red junglefowl red lory red siskin red-and-blue lory red-and-green macaw red-bellied macaw red-bellied parrot red-billed firefinch red-billed leiothrix red-breasted parakeet red-crested cardinal red-crested finch Scientific Name Forpus coelestis Pyrrhura picta Tadorna variegata Aratinga aurea Pyrrhura perlata Erythrura prasina Vidua macroura Passer flaveolus Psittacula cyanocephala Lorius domicella Mitu tuberosa Amandava amandava Euplectes orix Gallus gallus Eos bornea Carduelis cucullata Eos histrio Ara chloropterus Ara manilata Poicephalus rufiventris Lagonosticta senegala Leiothrix lutea Psittacula alexandri Paroaria coronata Coryphospingus cucullatus

349 Nature Conservation Regulation 1994 Schedule 8 (continued) Common Name red-crowned parrot red-faced pytilia red-fan parrot red-fronted macaw red-fronted parakeet red-fronted parrot red-headed finch red-headed fody red-headed parrotfinch red-lored parrot red-shouldered macaw red-throated parrotfinch red-winged pytilia rock partridge rock pigeon rose-ringed parakeet ruddy ground-dove ruddy shelduck saffron finch salmon-crested cockatoo scaly-breasted munia scarlet macaw senegal parrot Siamese fireback Scientific Name Amazona viridigenalis Pytilia hypogrammica Deroptyus accipitrinus Ara rubrogenys Cyanoramphus novaezelandiae Poicephalus gulielmi Amadina erythrocephala Foudia eminentissima Erythrura cyaneovirens Amazona autumnalis Ara nobilis Erythrura psittacea Pytilia phoenicoptera Alectoris graeca Columba livia Psittacula krameri Columbina talpacoti Tadorna ferruginea Sicalis flaveola Cacatua moluccensis Lonchura punctulata Ara macao Poicephalus senegalus Lophura diardi

350 Nature Conservation Regulation 1994 Schedule 8 (continued) Common Name silver pheasant silver-eared mesia slaty-headed parakeet southern yellow-rumped seedeater Sudan golden-sparrow sun parakeet swan goose swinhoe’s pheasant thick-billed parrot tricolored parrotfinch Victoria crowned-pigeon violet-necked lory white cockatoo white-bellied canary white-bellied parrot white-bibbed ground-dove white-eared parakeet white-fronted parrot white-headed munia white-rumped munia white-rumped seedeater white-rumped shama white-throated munia wild turkey Scientific Name Lophura nycthemera Leiothrix argentauris Psittacula himalayana Serinus atrogularis Passer luteus Aratinga solstitialis Anser cygnoides Lophura swinhoii Rhynchopsitta pachyrhyncha Erythrura tricolor Goura victoria Eos squamata Cacatua alba Serinus dorsostriatus Pionites leucogaster Gallicolumba jobiensis Pyrrhura leucotis Amazona albifrons Lonchura maja Lonchura striata Serinus leucopygius Copsychus malabaricus Lonchura malabarica Meleagris gallopavo

351 Nature Conservation Regulation 1994 Schedule 8 (continued) Common Name wood duck yellow canary yellow cardinal yellow-bibbed lory yellow-billed cardinal yellow-billed lorikeet yellow-breasted greenfinch yellow-collared macaw yellow-crowned bishop yellow-crowned parrot yellow-fronted canary yellow-fronted parakeet yellow-rumped siskin zebra waxbill Scientific Name Aix sponsa Serinus flaviventris Gubernatrix cristata Lorius chlorocercus Paroaria capitata Neopsittacus musschenbroekii Carduelis spinoides Ara auricollis Euplectes afer Amazona ochrocephala Serinus mozambicus Cyanoramphus auriceps Carduelis uropygialis Amandava subflava .

352 Nature Conservation Regulation 1994 Schedule 9 Relevant protected animals schedule 10, definitions exempt animal , controlled animal , commercial animal , recreational animal , relevant protected animal and restricted animal Part 1 Exempt animals 1 Birds The following birds are exempt birds— Common Name Scientific Name Australian ringneck or twenty-eight parrot Barnardius zonarius semitorquatus Bourke’s parrot Neophema bourkii brown quail Coturnix ypsilophora budgerigar Melopsittacus undulates cockatiel or quarrion Nymphicus hollandicus diamond dove Geopelia cuneata elegant parrot Neophema elegans galah Cacatua roseicapilla Gouldian finch Erythrura gouldiae king quail Coturnix chinensis little corella Cacatua sanguinea long-billed corella Cacatua tenuirostris peaceful dove Geopelia striata princess parrot or Alexandra’s Polytelis alexandrae parrot rainbow lorikeet Trichoglossus haematodus haematodus

353 Nature Conservation Regulation 1994 Schedule 9 (continued) Common Name Scientific Name red-rumped parrot Psephotus haematonotus scarlet-chested parrot Neophema splendida star finch, other than the eastern Neochmia ruficauda, other subspecies than N. r. ruficauda stubble quail Coturnix pectoralis sulphur-crested cockatoo Cacatua galerita western corella Cacatua pastinator zebra finch Taeniopygia guttata Part 2 Controlled animals 1 Birds The following birds are controlled birds— Common Name Scientific Name Adelaide rosella bar-shouldered dove black-throated finch blue-faced parrot finch chestnut-breasted mannikin common bronzewing crested pigeon crimson rosella diamond firetail Platycercus elegans adelaidae Geopelia humeralis Poephila cincta Erythrura trichroa Lonchura castaneothorax Phaps chalcoptera Ocyphaps (Geophaps) lophotes Platycercus elegans elegans Stagonopleura guttata

354 Nature Conservation Regulation 1994 Schedule 9 (continued) Common Name Scientific Name double-barred finch Taeniopygia bichenovii eastern rosella Latycercus eximius emerald dove Chalcophaps indica hooded parrot Psephotus dissimilis little button-quail Turnix velox long-tailed finch Poephila acuticauda masked finch Poephila personata painted button-quail Turnix varia painted finch Emblema pictum pale-headed rosella Platycercus adscitus Port Lincoln ringneck Barnardius zonarius zonarius rainbow (red-collared) lorikeet Trichoglossus haematodus rubritorquatus red-capped parrot Purpureicephalus spurius scaly-breasted lorikeet Trichoglossus chlorolepidotus turquoise parrot Neophema pulchella western rosella Platycercus icterotis yellow rosella Platycercus elegans flaveolus

355 Nature Conservation Regulation 1994 Part 3 Schedule 9 (continued) Commercial animals 1 Birds The following birds are commercial birds— Common Name Scientific Name Australian ringneck or Cloncurry parrot beautiful firetail black-breasted button-quail blue bonnet, other than the narethae subspecies blue-winged parrot brown cuckoo-dove brush bronzewing chestnut quilled rock-pigeon crimson finch flock bronzewing golden-shouldered parrot king parrot little lorikeet mulga parrot musk lorikeet northern rosella pictorella mannikin pied imperial-pigeon plum-headed finch Barnardius zonarius macgillivrayi Stagonopleura bellum Turnix melanogaster Northiella haematogaster, other than N.h. narethae Neophema chrysostoma Macropygia amboinensis Phaps elegans Petrophassa rufipennis Neochmia phaeton Phaps histrionica Psephotus chrysopterygius Alisterus scapularis Glossopsitta pusilla Psephotus varius Glossopsitta concinna Platycercus venustus Heteromunia pectoralis Ducula bicolor Neochmia modesta

356 Nature Conservation Regulation 1994 Schedule 9 (continued) Common Name purple-crowned lorikeet red-backed button-quail red-browed finch red-chested button-quail red-winged parrot regent parrot rock parrot spinifex pigeon squatter pigeon superb parrot varied lorikeet white-headed pigeon white-quilled rock-pigeon wonga pigeon yellow-rumped mannikin Scientific Name Glossopsitta porphyrocephala Turnix maculosa Neochmia temporalis Turnix pyrrhothorax Aprosmictus erythropterus Polytelis anthopeplus Neophema petrophila Geophaps plumifera Geophaps scripta Polytelis swainsonii Psitteuteles versicolor Columba leucomela Petrophassa albipennis Leucosarcia melanoleuca Lonchura flaviprymna 2 Invertebrates The following invertebrates are commercial invertebrates— All protected spiders. All protected scorpions.

357 Nature Conservation Regulation 1994 Schedule 9 (continued) 3 Reptiles The following reptiles are commercial reptiles— Common Name Scientific Name The following reptiles of the family Agamidae— central netted dragon Ctenophorus nuchalis inland bearded dragon Pogona vitticeps The following reptiles of the family Scincidae— pink-tongued lizard Hemisphaeriodon gerrardii eastern blue-tongued lizard Tiliqua scincoides Cunningham’s skink Egernia cunninghami The following reptiles of the family Chelidae— eastern snake-necked turtle Chelodina longicollis saw-shelled turtle Elseya latisternum Krefft’s river turtle Emydura krefftii Murray turtle Emydura macquarii The following reptiles of the family Geckonidae— thick-tailed gecko Underwoodisaurus milii rough knob-tailed gecko Nephrurus asper smooth knob-tailed gecko Nephrurus laevissimus The following reptiles of the family Boidae— children’s python Liasis childreni spotted python Liasis maculosus Stimpson’s python Liasis stimpsoni

358 Nature Conservation Regulation 1994 Part 4 Schedule 9 (continued) Recreational animals 1 Amphibians Each least concern amphibian is a recreational amphibian. 2 Birds The following birds are recreational birds— Common Name Scientific Name Australasian shoveler Australian shelduck beautiful firetail black duck black swan blue-billed duck Cape Barren goose chestnut teal green pygmy-goose grey teal hardhead magpie goose maned duck or wood duck pink-eared duck plumed whistling-duck radjah shelduck wandering whistling-duck Anas rhynchotis Tadorna tadornoides Stagonopleura bella Anas superciliosa Cygnus atratus Oxyura australis Cereopsis novaehollandiae Anas castanea Nettapus pulchellus Anas gracilis Aythya australis Anseranas semipalmata Chenonetta jubata Malacorhynchus membranaceus Dendrocygna eytoni Tadorna radjah Dendrocygna arcuata

359 Nature Conservation Regulation 1994 Schedule 9 (continued) 3 Reptiles Each least concern reptile, other than a reptile that is a restricted reptile, is a recreational reptile. Part 5 Restricted animals 1 Amphibians A threatened, rare or near threatened amphibian is a restricted amphibian. 2 Birds The following birds are restricted birds— Common Name Scientific Name Australian magpie (black-backed) banded lapwing buff-breasted button-quail eclectus parrot (Australian subspecies) gang gang cockatoo glossy black-cockatoo green rosella long-billed black-cockatoo Major Mitchell’s cockatoo (pink cockatoo) mallee ringneck masked lapwing Gymnorhina tibicen tibicen Vanellus tricolor Turnix olivii Eclectus roratus macgillivrayi Callocephalon fimbriatum Calyptorhynchus lathami Platycercus caledonicus Calyptorhynchus baudinii Cacatua leadbeateri Barnardius zonarius barnardi Vanellus miles

360 Nature Conservation Regulation 1994 Schedule 9 (continued) Common Name Scientific Name naretha blue bonnet partridge pigeon red wattlebird red-eared firetail red-tailed black-cockatoo rose-crowned fruit-dove scarlet honeyeater short-billed (white-tailed) black-cockatoo silvereye (grey-backed) splendid fairy-wren spotted pardalote superb fairy-wren superb fruit-dove swift parrot topnot pigeon variegated fairy-wren white-winged fairy-wren wompoo fruit-dove yellow-tailed black-cockatoo Northiella haematogaster naretha Geophaps smithii Anthochaera carunculata Tagonopleura oculata Alyptorhynchus banskii Ptilinopus regina Myzomela sanguinolenta Calyptorhynchus latirostris Zosterops lateralis Malurus splendens Pardalotus punctatus Malurus cyaneus Ptilinopus superbus Lathamus discolor Lopholaimus antarcticus Malurus lamberti Malurus leucopterus Ptilinopus magnificus Calyptorhynchus funereus

361 Nature Conservation Regulation 1994 Schedule 9 (continued) 3 Reptiles The following reptiles are restricted reptiles— Common Name Scientific Name The following reptiles of the family Elapidae— black snakes Pseudechis spp broad-headed snakes Hoplocephalus spp brown snakes Pseudonaja spp Collett’s snake Pseudechis colletti copperheads Austrelaps spp death adders Acanthopis spp eastern small-eyed snake Rhinoplocephalus nigriscens rough scaled snake Tropidechis carinatus taipans Oxyuranus spp tiger snakes Notechis / The following reptiles of the family Hydrophiidae— all species The following reptiles of the family Laticaudidae— all species All threatened, rare or near threatened reptiles other than the following— • reptiles of the family Cheloniidae • reptiles of the family Dermochelydiae • freshwater crocodile Crocodylus johnstoni • saltwater crocodile Crocodylus porosus

362 Nature Conservation Regulation 1994 Schedule 9A Prescribed forest reserves for temporary continuation of beekeeping sections 50 and 475A Part 1 Forest reserves to become, and former forest reserves that have become, national park Name of forest reserve or former forest reserve Alford Forest Reserve Austinville Forest Reserve 1 Bania Forest Reserve Beerburrum Forest Reserve 1 Beerburrum Forest Reserve 2 Beerwah Forest Reserve Bellthorpe Forest Reserve 2 Bingera Forest Reserve Blackdown Tableland Forest Reserve Boompa Forest Reserve 2 Bulburin Forest Reserve Burnett Creek Forest Reserve Cherbourg Forest Reserve Clagiraba Forest Reserve Conondale Forest Reserve 1 Conondale Forest Reserve 2 Cordalba Forest Reserve D’Aguilar Forest Reserve Dan Dan Forest Reserve Deer Reserve Forest Reserve Emu Vale Forest Reserve Permitted number of apiary sites 2 1 4 9 1 5 25 2 14 2 6 2 8 3 12 134 5 38 1 4 1

363 Nature Conservation Regulation 1994 Schedule 9A (continued) Name of forest reserve or former forest reserve Enoggera Forest Reserve Gatton Forest Reserve Geham Forest Reserve Goomboorian Forest Reserve Goomburra Forest Reserve Grongah Forest Reserve Gympie Forest Reserve Imbil Forest Reserve 1 Kandanga Forest Reserve Kenilworth Forest Reserve Kirrama Forest Reserve Kroombit Tops Forest Reserve Littabella Forest Reserve Lockyer Forest Reserve Maleny Forest Reserve 3 Mapleton Forest Reserve Marodian Forest Reserve Maroochy Forest Reserve 1 Maroochy Forest Reserve 3 Miva Forest Reserve Mooloolah Forest Reserve Mount Binga Forest Reserve Mount Mee Forest Reserve Mt Glorious Forest Reserve Mt Mathieson Forest Reserve Nangur Forest Reserve Nerang Forest Reserve Neumgna Forest Reserve Nour Nour Forest Reserve Numinbah Forest Reserve Palen Forest Reserve 1 Permitted number of apiary sites 6 1 1 15 2 15 18 4 79 53 3 32 6 10 1 28 14 2 1 1 4 2 30 60 2 12 19 12 9 8 1

364 Nature Conservation Regulation 1994 Schedule 9A (continued) Name of forest reserve or former forest reserve Palen Forest Reserve 2 Perserverence Creek Forest Reserve Pidna Forest Reserve Polmaily Forest Reserve 2 Spicers Gap Forest Reserve Tamborine Forest Reserve Teebar Forest Reserve 1 Teviot Forest Reserve Tewantin Forest Reserve 1 Tewantin Forest Reserve 3 Toolara Forest Reserve Tuchekoi Forest Reserve Walli Forest Reserve Warro Forest Reserve Womalah Forest Reserve Wonbah Forest Reserve Wongi Forest Reserve Woocoo Forest Reserve Woondum Forest Reserve 1 Woondum Forest Reserve 2 Wrattens Forest Reserve Yabba Forest Reserve 2 Permitted number of apiary sites 1 9 2 1 3 7 1 1 7 1 7 4 4 11 1 1 51 2 21 4 95 3

365 Nature Conservation Regulation 1994 Part 2 Schedule 9A (continued) Forest reserves to become, and former forest reserves that have become, national park (recovery) Name of forest reserve or former forest reserve Austinville Forest Reserve 2 Bellthorpe Forest Reserve 2 Lockyer Forest Reserve Mapleton Forest Reserve Moggill Forest Reserve Mount Mee Forest Reserve Numinbah Forest Reserve Tamborine Forest Reserve Tewantin Forest Reserve 1 Permitted number of apiary sites 1 1 31 14 9 11 4 2 9

366 Nature Conservation Regulation 1994 Schedule 9B Prescribed forest reserves for temporary continuation of horse riding section 86(3), definition prescribed national park (recovery) and section 475B Austinville Forest Reserve 2 Bania Forest Reserve Bellthorpe Forest Reserve 2 Conondale Forest Reserve 1 Conondale Forest Reserve 2 D'Aguilar Forest Reserve Enoggera Forest Reserve Goomboorian Forest Reserve Imbil Forest Reserve 1 Lockyer Forest Reserve Kenilworth Forest Reserve Mapleton Forest Reserve Moggill Forest Reserve Mooloolah Forest Reserve Mount Mee Forest Reserve Mt Glorious Forest Reserve Nour Nour Forest Reserve Tamborine Forest Reserve Tewantin Forest Reserve 1 Wickham Forest Reserve Woondum Forest Reserve 1

367 Nature Conservation Regulation 1994 Schedule 10 Dictionary section 3 Aborigine particularly concerned with the land has the meaning given by the Aboriginal Land Act 1991 , section 4. accept , an animal, does not include— (a) take the animal; and (b) for a holder of a relevant authority—accept the animal from a relevant person for the holder who has taken the animal under the authority. additional conditions notice , for chapter 2, part 3, division 2, see section 42C(3). animal breeding place , for chapter 3, see section 93. animal record particulars , for chapter 4, part 3, see section 442. apiary permit means a permit to take, use, keep or interfere with cultural or natural resources for the location of an apiary. approved display purpose , for a display of an animal, means any of the following— (a) to give public information about the ecological role of the animal; (b) to promote education about, and the conservation of, the animal; (c) to promote an understanding of ecology and the conservation of the animal. approved electromagnetic implant means an electromagnetic implant approved by the Minister for use on animals for identification purposes. approved interaction plan , for chapter 3, see section 93. approved scientific institution , for an animal, means a scientific institution approved by the Minister for accepting

368 Nature Conservation Regulation 1994 Schedule 10 (continued) biological tissue samples of animals. approved tag , for schedule 6, see schedule 6, section 1. approved way — (a) for chapter 3, part 7, division 3, subdivision 3—see section 344; or (b) for chapter 3, part 7, division 3, subdivision 4—see section 349. attach , for an official tag or propagator’s tag to a plant, means any of the following— (a) insert into, or fasten to the outside of, the individual tube or pot containing the plant; (b) attach to the stem of the plant; (c) fasten to the board or other material on which the plant is mounted; (d) insert between the board or other material on which the plant is mounted and any backing material for the board or other material in a way that allows the tag to be seen. authorised buyer , for wildlife, means a person who is authorised to keep the wildlife under the Act, including a person authorised, under the Act, to keep the wildlife in another State or country. authorised cultivator means a person approved under section 391 to be an authorised cultivator. authorised interstate seller , for wildlife, means a person who— (a) is authorised to sell or give away the wildlife under a law of another State; and (b) does not hold a relevant authority authorising the person to sell or give away the wildlife. authorised keeper in another country , for an animal of a species, means—

369 Nature Conservation Regulation 1994 Schedule 10 (continued) (a) a person who is specifically authorised to keep an animal of the species in the other country under a law of that country; and (b) a person who is not prohibited from keeping an animal of the species in the other country under the laws of that country. authorised keeper in another State , for an animal of a species, means— (a) a person who is specifically authorised to keep an animal of the species in the other State under a law of that State; and (b) a person who is not prohibited from keeping an animal of the species in the other State under the laws of that State. authorised premises , for an animal, means premises where the animal is authorised to be kept under the Act. authorised propagator means a person approved under section 391 to be an authorised propagator. bioprospecting activity — 1 Bioprospecting activity means an activity that— (a) is carried out for a commercial purpose using biological material, or a derivative of the material, obtained from a protected, international or prohibited animal, or a protected plant; and (b) is characterised by the systematic search for new sources of chemical compounds, genes, proteins and other products found in nature. 2 The term does not include obtaining genetic material or a chemical if— (a) the material or chemical is obtained for a taxonomic study; and (b) the material or chemical is given to a State or Commonwealth government museum or herbarium; and

370 Nature Conservation Regulation 1994 Schedule 10 (continued) (c) the results of the study are public domain and available to the public. camp includes— (a) pitch, place or erect a tent, caravan or camping structure; and (b) place other camping equipment or a vehicle in position; and (c) stay overnight. camping fee envelope means a part of a camping form for use for the payment of camping fees. camping form means a form made available by the chief executive for use for a self-registration camping area. commercial activity — 1 Commercial activity means an activity conducted for gain. 2 A commercial activity may involve any of the following— (a) selling an article, material or thing; (b) supplying a facility or service; (c) commercial photography; (d) conducting a tour, safari, scenic flight, cruise or excursion; (e) advertising or promoting the use of a protected area as part of a tour, safari, scenic flight, cruise or excursion; (f) advertising or promoting the use of a protected area as a feature associated with a resort or tourist facility on land adjoining the area. 3 A commercial activity includes an activity conducted for gain under an agreement between the State and a person authorising the person to conduct a stated activity on a stated protected area for a stated period and on payment of a stated amount.

371 Nature Conservation Regulation 1994 Schedule 10 (continued) commercial activity permit see— (a) for chapter 4, part 3—section 442; or (b) for chapter 4, part 4—section 453. commercial animal means a protected animal mentioned in schedule 9, part 3. commercial purpose , for chapter 3, see section 94. Commonwealth land , for schedule 3, means the land held by the Commonwealth under special lease 9/36573, situated in the County of Nares, Parish of Trinity, containing an area of about 0.0405ha. communications use for schedules 3 and 4, means the construction, maintenance and use of buildings, structures and other improvements as part of, or for, a facility for providing communication services. conservation plan duck means a duck of a species mentioned in the Nature Conservation (Duck and Quail) Conservation Plan 1995 , section 2, definition duck . conservation plan lizard means a lizard of a species mentioned in the Nature Conservation (Eulo Lizard Races) Conservation Plan 1995 , section 4, definition lizard . conservation plan quail means a quail of a species mentioned in the Nature Conservation (Duck and Quail) Conservation Plan 1995 , section 2, definition quail . controlled animal means a protected animal mentioned in schedule 9, part 2. corporation , for chapter 3, see section 93. demerit point means a demerit point accumulated under section 440. deposit includes drop, leave, place or throw. display , in relation to an animal, includes to demonstrate the animal. disturb , an animal, includes— (a) approach, harass, lure, pursue or tease the animal; or

372 Nature Conservation Regulation 1994 Schedule 10 (continued) (b) attempt to do an act mentioned in paragraph (a). dolphin means a cetacean of the family Delphinidae. domestic animal means an animal mentioned in schedule 8. electricity distribution use , for schedule 3, means the construction, maintenance and use of either or both of the following— (a) a supply network within the meaning of the Electricity Act 1994 , section 8; (b) a transmission grid within the meaning of the Electricity Act 1994 , section 6. emu code means the document called ‘Code of Practice—Emu Farming’, approved by chief executive under section 174A 167 of the Act. endangered animal means an animal that is endangered wildlife. entrance , of a protected area, means the part of the area— (a) developed by the chief executive for use as a vehicular or walking entrance to the area; and (b) commonly used by people to drive, ride or walk into the area. e-permit agency , for chapter 2, part 3, division 2, see section 42A. e-permit camping area means a protected area, or part of a protected area, to which an e-permit camping notice relates. e-permit camping notice , for chapter 2, part 3, division 2, see section 42B. e-permit camping tag see section 42D(1). e-permit distribution point , for chapter 2, part 3, division 2, 167 Section 174A (Chief executive may make codes of practice) of the Act Note, a copy of the code of practice is open for public inspection, during office hours on business days, at the department’s head office at 160 Ann Street, Brisbane and each regional office of the department (see section 174A(3) of the Act).

373 Nature Conservation Regulation 1994 Schedule 10 (continued) see section 42A. e-permit number see section 42A. exempt animal means a protected animal mentioned in schedule 9, part 1. exhibition code , for chapter 3, see section 93. export agreement see section 398B(1). export permit means a permit to export issued under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth). farm animal — 1 An animal of a species mentioned in paragraph 2 is a farm animal if the animal— (a) is wild by nature and is taken from the wild under a licence, permit or other authority granted under the Act that allows the animal to be taken; or (b) is farmed; or (c) has been, or is being, lawfully moved into the State for use for farming. 2 For paragraph 1, the species are as follows— (a) birdwing butterfly ( Ornithoptera sp . ); (b) emu ( Dromaius novaehollandiae ); (c) freshwater crocodile ( Crocodylus johnstoni ); (d) a reptile of the family Elapidae, Hydrophiidae or Laticaudidae; (e) saltwater crocodile ( Crocodylus porosus ); (f) Ulysses butterfly ( Papilio ulysses ); (g) water buffalo ( Bubalus bubalis ). farm crocodile means a crocodile that is a farm animal. farm emu means an emu that is a farm animal. feed , in relation to a native animal, includes—

374 Nature Conservation Regulation 1994 Schedule 10 (continued) (a) use food to tease or lure the animal; and (b) attempt to feed the animal. government entity , for chapter 2, part 3, division 2, see section 42A. Great Barrier Reef Marine Park means the Great Barrier Reef Marine Park established under the Great Barrier Reef Marine Park Act 1975 (Cwlth). group activity — 1 A group activity is an organised use of a part of a protected area in a way that may interfere with general public use of the area. Example — 1 a concert, rally or public meeting 2 a religious activity 3 a wedding 4 an organised sporting activity 2 A group activity does not include a traditional activity of a community or group of Aboriginal people or Torres Strait Islanders having traditional, customary or historical links with a protected area under Aboriginal tradition or Island custom relating to the area. harvest macropod means any of the following— (a) an eastern grey kangaroo ( Macropus giganteus ); (b) a red kangaroo ( Macropus rufus ); (c) a wallaroo ( Macropus robustus ); (d) a whiptail wallaby ( Macropus parryi ). harvest period , for wildlife, means a period declared under a conservation plan for the wildlife as the period during which a person may take the wildlife.

375 Nature Conservation Regulation 1994 Schedule 10 (continued) identification code means— (a) for an electromagnetic implant—a sequence of letters and numbers produced by the implant to identify the implant; or (b) for a tag—a sequence of letters and numbers that identify the tag. incorporated association means an association incorporated under the Associations Incorporation Act 1981 . 168 interact , with an animal, includes the following— (a) approach, pursue or lure an animal for interacting with or feeding the animal; (b) to gain a benefit from interacting with or feeding the animal; (c) to attempt to do an act mentioned in paragraph (a) or (b). lake includes lagoon, swamp, marsh and any other natural collection of water. lawfully , in relation to doing an act, means to do the act in a way that is authorised under an Act or a law of another State. least concern amphibian means an amphibian that is least concern wildlife. least concern animal means an animal that is least concern wildlife. least concern plant means a plant that is least concern wildlife. licence , for chapter 1, part 2, see section 3C. licensed premises , for a licence, permit or other authority granted under the Act, means the premises stated on the licence, permit or authority as the licensed premises for the licence, permit or authority. 168 Associations Incorporation Act 1981 , section 2— association means an association, society, body or other entity formed, or carried on, for a lawful purpose.

376 Nature Conservation Regulation 1994 Schedule 10 (continued) licensee , for chapter 1, part 2, see section 3C. litter includes broken glass. litter bin means a receptacle for litter provided by the chief executive. macropod means an animal within the family Macropodidae. manufactured fuel , for chapter 2, part 8, division 2, see section 69. marine mammal means a dolphin, dugong or whale. marine navigation use , for schedule 3, means the construction, maintenance and use of buildings, structures and other improvements as part of, or for, a facility for assisting marine navigation. marine turtle means a turtle of the family Chelondiidae or Dermochelyidae. meat , of an animal, includes the flesh and offal of the animal. member , of the Australian Defence Force, see the Defence Act 1903 (Cwlth), section 4. 169 military standing order means a standing order that— (a) is a general order under the Defence Force Discipline Act 1982 (Cwlth); and (b) includes provisions relating to training members of a part of the Australian Defence Force about survival in the wild. 170 minimum distance , for chapter 3, part 5, division 7, see section 314. mobile facility means a semitrailer or truck that has, attached to it, a refrigerated room in which animals may be stored. month means a period— 169 Defence Act 1903 (Cwlth), section 4— member includes any officer, sailor, soldier and airman. 170 A copy of the relevant military standing orders may be inspected at the department’s head office.

377 Nature Conservation Regulation 1994 Schedule 10 (continued) (a) starting at the beginning of any day of a calendar month; and (b) ending— (i) immediately before the beginning of the corresponding day of the following calendar month; or (ii) if there is no corresponding day in the following calendar month—at the end of the following calendar month. movement , of wildlife, means a continuous journey between 2 places that is broken only for a stop that is necessary or incidental for the journey. Examples of stops necessary or incidental for a journey — 1 a stop ordinarily made by persons in transit for food, rest, bathing or using toilet facilities 2 a stop for feeding, cleaning or resting an animal being transported 3 a stop for placing wildlife to be moved to another country in quarantine 4 a stop for placing a live animal to be moved to another country in facilities to acclimatise the animal for the other country’s conditions native animal means any taxon or species of animal indigenous to Australia, including, for example, a dingo ( Canis familiaris dingo ). natural product , for schedule 6, see schedule 6, section 1. near threatened animal means an animal that is near threatened wildlife. near threatened plant means a plant that is near threatened wildlife. nominated return retrieval system means the system nominated by the chief executive, by publishing the following information on the department’s website, for receiving returns of operations given under the Act by electronic communication— (a) details about the type of system;

378 Nature Conservation Regulation 1994 Schedule 10 (continued) (b) how a person may electronically communicate a return of operations to the system. notice , in relation to a notice erected or displayed in or near a protected area, includes a notice, sign, pictograph or other device, made of any material, erected or displayed by the chief executive in or near the area. officer , of an incorporated association, see Associations Incorporation Act 1981 , section 2, definition officer . official tag , for a protected plant, means— (a) a tag supplied by the chief executive, under chapter 3, part 11, division 2, for attaching to the plant; or (b) for a tag used for attaching to the plant under a law of another State—a tag that complies with the requirements, for the tag, of any applicable law of the other State. official traffic sign see Transport Operations (Road Use Management) Act 1995 , schedule 4. 171 park designated for apiaries means a national park or national park (recovery) to which section 184 172 of the Act applies that was formerly a forest reserve prescribed under section 475A and schedule 9A. 173 poison means— (a) a poison mentioned in the Health (Drugs and Poisons) Regulation 1996 , appendix 6A; and 171 Transport Operations (Road Use Management) Act 1995 , schedule 4— official traffic sign means a sign, marking, light or device placed or erected to regulate, warn or guide traffic. 172 Section 184 (Provision to allow beekeeping in particular former forest reserves until 2025) of the Act See also section 475A (Prescribed forest reserves for temporary continuation of beekeeping—Act, s 184) of this regulation. 173 Section 475A (Prescribed forest reserves for temporary continuation of beekeeping—Act, s 184) and schedule 9A (Prescribed forest reserves for temporary continuation of beekeeping)

379 Nature Conservation Regulation 1994 Schedule 10 (continued) (b) any other substance that operates in a similar way to a poison mentioned in paragraph (a). prescribed cooking or heating appliance , for chapter 2, part 8, division 2, see section 69. prescribed criteria , for chapter 3, see section 93. prescribed day , for chapter 4, part 3, see section 442. prescribed period , for chapter 4, part 4, see section 453. prescribed protected animal means— (a) a live mammal that is a protected animal; and (b) a fertilised egg of a mammal that is a protected animal. prescribed protected plant part , for chapter 4, part 3, see section 442. previous use authority means an authority granted, by the chief executive, under section 36 174 of the Act. propagator’s tag , for a whole protected plant, means a tag supplied by the authorised propagator who propagated the plant that— (a) is of a design approved by the chief executive; and (b) is a minimum of 100mm by 10mm in size; and (c) includes the following information— (i) the scientific name and, if the plant has a common name, the common name of the plant; (ii) the authorisation number for the propagator; and (iii) the year in which the plant was propagated. protected plant part includes a stem, phyllode, foliage, bud, flower, spore, seed, fruit, bark, oil, root, rhizome, resin, gum, exudate, gall, genetic material, chemical and any other structural component or constituent, of a protected plant. 174 Section 36 (Authorities for new national park or national park (recovery)) of the Act

380 Nature Conservation Regulation 1994 Schedule 10 (continued) protected plant parts record particulars , for chapter 4, part 3, see section 442. public land means— (a) a State-controlled road under the Transport Infrastructure Act 1994 ; or (b) a road controlled by a local government; or (c) land dedicated as a reserve for community purposes under the Land Act 1994 for which a local government is trustee; or (d) a railway maintained by Queensland Rail. rare animal means an animal that is rare wildlife. rare plant means a plant that is rare wildlife. reasonably means on grounds that are reasonable in all the circumstances. record book , for chapter 4, part 3, see section 442. recreational animal means a protected animal mentioned in schedule 9, part 4. recreational craft includes a hot-air balloon, hang-glider, para glider and an ultra light aircraft. recreational animal means a protected animal mentioned in schedule 9, part 4. recreational plant society means a society that— (a) is an incorporated association; and (b) has, as one of its main functions, the conservation of plants. registration number , for a mobile facility, means the registration number for the facility under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 1999 . regulatory notice means a regulatory notice erected or displayed, under section 91B. relevant authority means—

381 Nature Conservation Regulation 1994 Schedule 10 (continued) (a) for chapter 3—see section 93; or (b) otherwise—a licence, permit or other authority granted under the Act. relevant code of practice , for an animal, means a code of practice that— (a) relates to animals of the same type as the animal, to the extent the code of practice provides for the way in which the animals must be kept or used; and (b) has been approved or made by the chief executive under section 174A 175 of the Act. relevant person , for the holder of a licence, permit or other authority granted under chapter 3, means— (a) for a rehabilitation permit— (i) if the holder is an individual—an employee of the individual if the employee is acting under the direction of the individual; or (ii) if the holder is a corporation other than an incorporated association— (A) the person stated on the permit as the person in charge of the licensed premises for the permit; and (B) an executive officer, employee or agent of the corporation, if the officer, employee or agent is acting under the direction of the person mentioned in subsubparagraph (A); or (iii) if the holder is an incorporated association— (A) the person stated on the permit as the person in charge of the activity for which the permit is granted; and (B) an officer, member, employee or agent of the holder, if the member, employee or agent is 175 Section 174A (Chief executive may make codes of practice) of the Act

382 Nature Conservation Regulation 1994 Schedule 10 (continued) acting under the direction of the person mentioned in subsubparagraph (A); or (b) for an Aboriginal tradition or Island custom authority—each person stated on the authority as a person who may take wildlife under the authority; or (c) for a collection authority to take and keep least concern wildlife—each member of the Australian Defence Force; or (d) for another licence, permit or other authority— (i) if the holder is an individual—an employee of the individual if the employee is acting under the direction of the holder; or (ii) if the holder is a corporation— (A) the person stated on the licence, permit or authority as the person in charge of the licensed premises for the licence, permit or authority; and (B) an executive officer, employee or agent of the corporation, if the officer, employee or agent is acting under the direction of the person mentioned in subsubparagraph (A). relevant protected animal means an animal mentioned in schedule 9. relevant record particulars , for chapter 4, part 3, see section 442. repealed Act means— (a) in relation to a protected area—the National Parks and Wildlife Act 1975 ; or (b) in relation to a protected animal—the Fauna Conservation Act 1974 . reptile and amphibian code , for chapter 3, see section 93. requirement , of a regulatory notice or self-registration camping notice, includes a direction, instruction, indication, condition and other provision of the notice.

383 Nature Conservation Regulation 1994 Schedule 10 (continued) restricted access area means a protected area, or a part of a protected area— (a) declared to be a restricted access area under this regulation; or (b) stated in a regulatory notice as a restricted access area. restricted animal means a protected animal mentioned in schedule 9, part 5. restricted plant means a protected plant mentioned in schedule 10. scientific purpose includes an archaeological, anthropological or sociological purpose. scientific research , for chapter 3, part 5, division 7, see section 314. seized property see section 433. self-registration camping area means a protected area, or part of a protected area, to which a self-registration camping notice relates. self-registration camping notice means a notice under section 43. semitrailer see the Transport Operations (Road Use Management) Act 1995 , schedule 4. shark means a cartilaginous fish of the superorder Euselachii. sick , in relation to a protected animal, includes suffering from the behavioural disorder in animals known as human imprinting. skinned carcass , of an animal, means the carcass of the animal with the skin removed. special activity — 1 A special activity is an activity that— (a) may have an unusual or significant impact on cultural or natural resources; or

384 Nature Conservation Regulation 1994 Schedule 10 (continued) (b) needs special training or supervision before a person can safely engage in the activity; or (c) may involve risk to the public. 2 A special activity includes hang-gliding, hot-air ballooning, rock climbing and white water rafting. special native animal means any of the following animals— (a) echidna ( Tachyglossus aculeatus ); (b) koala ( Phascolarctos cinereus ); (c) platypus ( Ornithorhynchus anatinus ); (d) wombat (family Vombatidae). State museum , for chapter 3, part 4, division 10, see section 263. stock means— (a) cattle, horses or sheep; or (b) for a general muster—see section 61. stock plant means a plant taken in the wild— (a) under a commercial wildlife harvesting licence for stock plants; and (b) for providing propagating material by— (i) dividing the plant; or (ii) removing the seed, cuttings or propagating material from the plant. stop action order see section 430(1). tag includes a band, ring, implant, label or other thing that may be attached to wildlife. temporary display means a display that lasts for not more than 14 days. threatened animal means an animal that is threatened wildlife.

385 Nature Conservation Regulation 1994 Schedule 10 (continued) Torres Strait Islander particularly concerned with the land has the meaning given by the Torres Strait Islander Land Act 1991 , section 4. trade or commerce includes— (a) a business activity; and (b) anything else done for gain or reward. truck see the Transport Operations (Road Use Management) Act 1995 , schedule 4. type A restricted plant means any of the following plants— (a) a plant of the family Orchidaceae (other than Spathoglottis plicata ); (b) a plant of the genus Xanthorrhoea ; (c) a plant of the genus Myrmecodia ; (d) a plant of the genus Hydnophytum ; (e) a plant of the family Cycadaceae ; (f) a plant of the family Zamiaceae ; (g) a plant of the genus Huperzia ; (h) a plant of the genus Platycerium . type B restricted plant means any of the following plants— (a) an endangered plant; (b) a vulnerable plant; (c) a plant of the family Cycadaceae; (d) a plant of the family Zamiaceae. unauthorised interaction , for chapter 3, see section 95. unpack , for part 9, see section 405. use , an animal or plant, for chapter 3, see section 93. veterinary surgeon means a person registered as a veterinary surgeon under Veterinary Surgeons Act 1936 .

386 Nature Conservation Regulation 1994 Schedule 10 (continued) voluntary conservation organisation means an organisation that— (a) is an incorporated association; and (b) has, as one of its objects or functions, the conservation of native plants. voluntary wildlife care association means an association— (a) that is an incorporated association; and (b) whose objects include— (i) the voluntary rehabilitation of sick, injured or orphaned protected animals and, if possible, the return of the animals to the wild; and (ii) the conservation of native animals. vulnerable animal means an animal that is vulnerable wildlife. vulnerable plant means a plant that is vulnerable wildlife. watercourse means a river, creek or stream in which water flows permanently or intermittently. weapon see Weapons Act 1990 , schedule 2. 176 whale means a cetacean of the family Balaenidae, Balaenopteridae, Kogiidae, Physeteridae or Ziphiidae. whole , for a protected plant, includes— (a) a seedling, but not an ungerminated seed; and (b) if a person divides a plant into 1 or more viable plants—each viable plant. whole protected plants record particulars , for chapter 4, part 3, see section 442. year means a period of 12 months— (a) starting at the beginning of any day of a calendar year; and 176 Weapons Act 1990 , schedule 2 (Dictionary)

387 Nature Conservation Regulation 1994 Schedule 10 (continued) (b) ending— (i) immediately before the beginning of the corresponding day of the following calendar year; or (ii) if the year started on 29 February of a year—at the end of 28 January of the following calendar year.

388 Nature Conservation Regulation 1994 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .388 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .389 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .389 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .390 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .390 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .395 8 Information about retrospectvity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .452 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 11 August 2006. Future amendments of the Nature Conservation Regulation 1994 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

389 Nature Conservation Regulation 1994 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prev prec pres Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = previous = preceding = present Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR unnum SL sub Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = unnumbered = subordinate legislation = substituted 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 2 2A 2B 2C 3 3A 3B 3C 3D rv 3E rv 3F rv 4 Amendments to 1996 SL No. 129 1996 SL No. 337 1998 SL No. 36 1998 SL No. 362 1999 SL No. 335 2000 SL No. 129 2000 SL No. 264 2000 SL No. 354 2001 SL No. 36 2001 SL No. 112 2001 SL No. 215 2001 SL No. 283 2002 SL No. 143 2002 SL No. 143 Effective 14 June 1996 25 November 1996 13 March 1998 1 January 1999 1 February 2000 1 July 2000 13 October 2000 1 January 2001 27 April 2001 20 July 2001 23 November 2001 21 December 2001 14 June 2002 14 June 2002 Reprint date 5 July 1996 6 February 1997 3 April 1998 8 January 1999 2 February 2000 5 July 2000 3 November 2000 10 January 2001 11 May 2001 2 August 2001 7 December 2001 4 January 2002 18 June 2002 14 June 2002

390 Nature Conservation Regulation 1994 Reprint No. 4A 4B 4C 4D 4E 4F 4G 4H 4I 4J 4K 4L 4M rv 4N rv 5 rv 5A rv 5B rv 5C 5D 5E 5F 5G 5H Amendments included 2002 SL No. 372 2003 SL No. 82 2003 SL No. 137 2003 SL No. 177 2003 SL No. 259 2003 SL No. 329 2003 SL No. 330 2003 SL No. 375 2003 SL No. 376 2004 SL No. 116 2004 SL No. 197 2004 SL No. 316 2004 SL No. 317 2005 SL No. 111 2005 SL No. 138 2005 SL No. 111 2005 SL No. 152 — 2005 SL No. 228 2005 SL No. 241 2005 SL No. 290 — 2006 SL No. 118 2006 SL No. 134 2006 SL No. 164 2006 SL No. 203 Effective 20 December 2002 9 May 2003 1 July 2003 8 August 2003 31 October 2003 12 December 2003 1 March 2004 8 March 2004 2 July 2004 24 September 2004 17 December 2004 10 June 2005 25 June 2005 1 July 2005 1 July 2005 16 September 2005 30 September 2005 2 December 2005 1 January 2006 2 June 2006 16 June 2006 1 July 2006 11 August 2006 Notes provs exp 30 June 2005 R4N rv withdrawn, see R5 rv Revision notice issued for R5 prov exp 31 December 2005 5 Tables in earlier reprints Name of table Changed citations and remade laws Corrected minor errors Renumbered provisions Reprint No. 1 1, 3 1 6 List of legislation Nature Conservation Regulation 1994 SL No. 473 made by the Governor in Council on 15 December 1994 notfd gaz 16 December 1994 pp 1792–7 ss 1–2 commenced on date of notification remaining provisions commenced 19 December 1994 (see s 2) exp 31 August 2006 (see SIA s 56A(1)(a)(i) and SIR s 5 sch 3) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change.

391 Nature Conservation Regulation 1994 amending legislation— Nature Conservation Legislation Amendment Regulation 1995 SL No. 352 pts 1–2 notfd gaz 8 December 1995 pp 1449–53 commenced on date of notification Nature Conservation Legislation Amendment Regulation (No. 2) 1995 SL No. 406 pts 1–2 notfd gaz 22 December 1995 pp 1672–6 commenced on date of notification Nature Conservation Amendment Regulation (No. 1) 1995 SL No. 408 notfd gaz 22 December 1995 pp 1672–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 1996 (see s 2) Nature Conservation Amendment Regulation (No. 1) 1996 SL No. 72 notfd gaz 19 April 1996 pp 1681–2 commenced on date of notification Nature Conservation Amendment Regulation (No. 2) 1996 SL No. 129 notfd gaz 14 June 1996 pp 987–9 commenced on date of notification Nature Conservation Amendment Regulation (No. 3) 1996 SL No. 283 notfd gaz 18 October 1996 pp 633–4 commenced on date of notification Nature Conservation Amendment Regulation (No. 4) 1996 SL No. 337 notfd gaz 22 November 1996 pp 1155–7 ss 1–2 commenced on date of notification remaining provisions commenced on 25 November 1996 (see s 3) Environmental Legislation Amendment Regulation (No. 1) 1997 SL No. 379 pts 1, 3 notfd gaz 7 November 1997 pp 967–8 commenced on date of notification Nature Conservation Legislation Amendment Regulation (No. 1) 1997 SL No. 418 pts 1–2 notfd gaz 5 December 1997 pp 1515–17 commenced on date of notification Nature Conservation Legislation Amendment Regulation (No. 2) 1997 SL No. 436 pts 1–2 notfd gaz 12 December 1997 pp 1631–4 commenced on date of notification Nature Conservation Legislation Amendment Regulation (No. 1) 1998 SL No. 36 pts 1–2 notfd gaz 13 March 1998 pp 1117–8 commenced on date of notification

392 Nature Conservation Regulation 1994 Nature Conservation Amendment Regulation (No. 1) 1998 SL No. 362 notfd gaz 18 December 1998 pp 1551–7 ss 1, 3 commenced on date of notification remaining provisions commenced 1 January 1999 (see s 3) Nature Conservation Legislation Amendment Regulation (No. 1) 1999 SL No. 279 pts 1–2 notfd gaz 12 November 1999 pp 1007–9 commenced on date of notification Road Transport Reform Regulation 1999 SL No. 286 ss 1, 2(2), 4 sch 2 notfd gaz 19 November 1999 pp 1149–52 ss 1–2 commenced on date of notification remaining provisions commenced 1 December 1999 (see s 2(2)) Nature Conservation Legislation Amendment Regulation (No. 2) 1999 SL No. 335 pts 1–2 notfd gaz 17 December 1999 pp 1586–9 ss 1–2 commenced on date of notification ss 7–8 commenced 1 February 2000 (see s 2(1)) s 9 commenced 1 July 2000 (see s 2(2)) s 20 commenced 19 December 1994 (see s 2(3)) ss 24, 55 commenced 1 January 2000 (see s 2(4)) remaining provisions commenced on date of notification Environmental Legislation Amendment Regulation (No. 1) 2000 SL No. 129 pts 1–2 notfd gaz 23 June 2000 pp 652–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2) Nature Conservation Amendment Regulation (No. 1) 2000 SL No. 264 notfd gaz 13 October 2000 pp 565–6 commenced on date of notification Nature Conservation and Other Legislation Amendment Regulation (No. 1) 2000 SL No. 354 pts 1–2 s 3 sch notfd gaz 15 December 2000 pp 1478–83 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2001 (see s 2) Nature Conservation Amendment Regulation (No. 1) 2001 SL No. 36 notfd gaz 27 April 2001 pp 1690–1 commenced on date of notification Nature Conservation Amendment Regulation (No. 2) 2001 SL No. 112 notfd gaz 20 July 2001 pp 1138–40 commenced on date of notification Nature Conservation Amendment Regulation (No. 3) 2001 SL No. 153 notfd gaz 31 August 2001 pp 1618–19 commenced on date of notification

393 Nature Conservation Regulation 1994 Nature Conservation Legislation Amendment Regulation (No. 1) 2001 SL No. 215 pts 1–2 notfd gaz 23 November 2001 pp 1088–91 commenced on date of notification Environmental Legislation Amendment Regulation (No. 1) 2001 SL No. 283 s 1, pt 7 notfd gaz 21 December 2001 pp 1482–8 commenced on date of notification Environmental Legislation Amendment Regulation (No. 1) 2002 SL No. 143 pts 1, 3 notfd gaz 14 June 2002 pp 697–700 commenced on date of notification Forestry and Other Legislation Amendment and Repeal Regulation (No. 1) 2002 SL No. 372 s 1, pt 6 notfd gaz 20 December 2002 pp 1359–63 commenced on date of notification Nature Conservation Legislation Amendment Regulation (No. 1) 2003 SL No. 82 pts 1, 3 notfd gaz 9 May 2003 pp 125–6 commenced on date of notification Environmental Legislation Amendment Regulation (No. 1) 2003 SL No. 137 pts 1, 4 notfd gaz 27 June 2003 pp 749–56 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2003 (see s 2) Nature Conservation and Other Legislation Amendment Regulation (No. 1) 2003 SL No. 177 pts 1, 6 notfd gaz 8 August 2003 pp 1234–5 commenced on date of notification Nature Conservation Legislation Amendment Regulation (No. 2) 2003 SL No. 259 pts 1, 3 notfd gaz 31 October 2003 pp 691–4 commenced on date of notification Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2003 SL No. 329 pts 1–2 notfd gaz 12 December 2003 pp 1203–7 commenced on date of notification Forestry and Nature Conservation Legislation Amendment Regulation (No. 1) 2003 SL No. 330 pts 1, 5 notfd gaz 12 December 2003 pp 1203–7 commenced on date of notification Nature Conservation and Other Legislation Amendment Regulation (No. 3) 2003 SL No. 375 pts 1–2 notfd gaz 19 December 2003 pp 1307–13 ss 1–2 commenced on date of notification remaining provisions commenced 1 March 2004 (see s 2) Note—An explanatory note was prepared

394 Nature Conservation Regulation 1994 Nature Conservation and Other Legislation Amendment Regulation (No. 4) 2003 SL No. 376 pts 1–2 notfd gaz 19 December 2003 pp 1307–13 ss 1–2 commenced on date of notification remaining provisions commenced 8 March 2004 (see s 2) Note—An regulatory impact statement and explanatory note were prepared Environmental Legislation Amendment Regulation (No. 1) 2004 SL No. 116 pts 1, 5 notfd gaz 2 July 2004 pp 705–7 ss 1–2 commenced on date of notification remaining provisions commenced 2 July 2004 (see s 2) Nature Conservation Amendment Regulation (No. 1) 2004 SL No. 197 notfd gaz 24 September 2004 pp 322–4 commenced on date of notification Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2004 SL No. 316 ss 1, 2(2), pt 4 notfd gaz 17 December 2004 pp 1277–85 ss 1–2 commenced on date of notification remaining provisions commenced 17 December 2004 (see s 2(2)) Forestry and Nature Conservation Legislation Amendment Regulation (No. 3) 2004 SL No. 317 pts 1, 6 notfd gaz 17 December 2004 pp 1277–85 commenced on date of notification Nature Conservation and Other Legislation Amendment Regulation (No. 1) 2005 SL No. 111 pts 1–2, s 3 sch notfd gaz 10 June 2005 pp 502–3 s 72 commenced 1 July 2005 (see s 2) remaining provisions commenced on date of notification Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2005 SL No. 138 pts 1, 3 notfd gaz 24 June 2005 pp 639–45 ss 1–2 commenced on date of notification remaining provisions commenced 25 June 2005 (see s 2) Environmental Legislation Amendment Regulation (No. 1) 2005 SL No. 152 pts 1, 6 notfd gaz 1 July 2005 pp 763–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) Nature Conservation Amendment Regulation (No. 1) 2005 SL No. 228 notfd gaz 16 September 2005 pp 226–7 commenced on date of notification Nature Conservation and Recreation Areas Management Amendment Regulation (No. 1) 2005 SL No. 241 pts 1–2 notfd gaz 30 September 2005 pp 425–6 commenced on date of notification

395 Nature Conservation Regulation 1994 Forestry and Nature Conservation Legislation Amendment Regulation (No. 3) 2005 SL No. 290 pts 1, 5 notfd gaz 2 December 2005 pp 1268–71 commenced on date of notification Forestry and Nature Conservation Legislation Amendment Regulation (No. 1) 2006 SL No. 118 pts 1, 5 notfd gaz 2 June 2006 pp 572–6 commenced on date of notification Nature Conservation Amendment Regulation (No. 1) 2006 SL No. 134 notfd gaz 16 June 2006 pp 787–90 commenced on date of notification Environmental Legislation Amendment Regulation (No. 1) 2006 SL No. 164 pts 1, 6 notfd gaz 30 June 2006 pp 1060–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2) Nature Conservation (Administration) Regulation 2006 SL No. 203 ss 1–2, pt 15 notfd gaz 11 August 2006 pp 1725–8 commenced on date of notification Note— (1) A regulatory impact statement and explanatory note were prepared (2) The regulatory impact statement also applies to 2006 SL Nos. 204, 205 and 206 7 List of annotations Definitions s 3 sub 2003 SL No. 375 s 4 Notes in text s 3A ins 2003 SL No. 375 s 4 Scientific names of protected wildlife s 3B ins 2003 SL No. 375 s 4 Definition for pt 2 s 3C ins 2003 SL No. 375 s 5 Applications s 4 amd 1995 SL No. 352 s 3; 1996 SL No. 283 s 3; 1996 SL No. 337 s 4; 1997 SL No. 436 ss 3–4; 1999 SL No. 335 s 4; 2003 SL No. 375 s 6 Particular applications must include request for record book s 4A ins 2003 SL No. 375 s 7 How chief executive may deal with applications for licence s 5 amd 1996 SL No. 283 s 4; 1997 SL No. 436 s 5; 1998 SL No. 36 s 3; 1999 SL No. 335 s 5; 2003 SL No. 375 s 8; 2004 SL No. 316 s 26 Continuing conditions of particular licences s 5A ins 2006 SL No. 203 s 184

396 Nature Conservation Regulation 1994 Compliance with conditions s 6 amd 2006 SL No. 203 s 185 Licences generally not transferable s 7 sub 2004 SL No. 316 s 27 Transfer of apiary permit for park designated for apiaries s 7A ins 2004 SL No. 316 s 27 Grounds for suspension, cancellation or refusal to renew s 8 amd 1997 SL No. 436 s 6 Procedure for suspension, cancellation or refusal to renew s 9 amd 2003 SL No. 82 s 6; 2003 SL No. 375 s 9 Procedure for urgent suspension or cancellation of licence s 10 amd 1997 SL No. 436 s 7; 2003 SL No. 82 s 7 Amendment of licences on application s 13 amd 2003 SL No. 375 s 10 Amendment of licences without application s 14 amd 2003 SL No. 375 s 11 Decisions open to appeal s 17 amd 2003 SL No. 375 s 12 Hearing procedures s 20 amd 2001 SL No. 112 s 3 Powers of court on appeal s 21 amd 1996 SL No. 283 s 5; 1997 SL No. 436 s 8 Appeal to District Court on questions of law only s 22 amd 1999 SL No. 335 s 6 Application of chapter—general s 24 amd 2002 SL No. 143 s 5 Trustees have some of chief executive’s powers s 26 amd 1995 SL No. 352 s 4 sub 2002 SL No. 372 s 15 Areas where fish, invertebrate animals or mud crabs may be taken s 27 sub 1997 SL No. 436 s 9 Permitted uses in national parks or national parks (recovery)—Act, s 35 s 27A ins 1996 SL No. 283 s 6 sub 2001 SL No. 153 s 3; 2002 SL No. 372 s 16 amd 2003 SL No. 375 s 13; 2005 SL No. 228 s 3 Permitted uses in national parks—Act, s 37 s 27B ins 2001 SL No. 153 s 4 amd 2003 SL No. 375 s 14 When chief executive must not grant authorities s 33 amd 2005 SL No. 138 s 7

397 Nature Conservation Regulation 1994 Other restrictions on grant of authorities s 34 amd 2005 SL No. 138 s 8 Chief executive may grant permits s 37 amd 1999 SL No. 335 s 7; 2004 SL No. 316 s 28 Restriction on grant of permits s 37A ins 1999 SL No. 335 s 8 Duration of permits s 39 amd 1997 SL No. 436 s 10; 2004 SL No. 316 s 29 Permit may be taken to have been granted s 39A ins 1995 SL No. 352 s 5 Division 1—General requirements for camping in protected areas div hdg ins 2003 SL No. 329 s 3 Permit needed to camp in a protected area s 40 sub 2003 SL No. 329 s 3 Camping conditions s 42 amd 2003 SL No. 329 s 4 Division 2—E-permit camping areas div 2 (ss 42A–42G) ins 2003 SL No. 329 s 5 Division 3—Self-registration camping areas div hdg ins 2003 SL No. 329 s 5 Self-registration camping areas s 43 amd 1997 SL No. 436 s 11; 2003 SL No. 329 s 6 When permit is taken to have been granted s 44 amd 2003 SL No. 329 s 7 Division 4—Particular offences relating to camping in protected areas div hdg ins 2003 SL No. 329 s 8 Display of camping permits or camping tags prov hdg amd 1997 SL No. 436 s 12(1) sub 2003 SL No. 329 s 9 s 45 amd 1996 SL No. 283 s 2 sch; 1997 SL No. 436 s 12(2)–(3) sub 2003 SL No. 329 s 9 Interfering with camping permits or tags prov hdg amd 1997 SL No. 436 s 13(1) sub 2003 SL No. 329 s 9 s 46 amd 1997 SL No. 436 s 13(2) sub 2003 SL No. 329 s 9 Restrictions on grant of apiary permit s 50 amd 1997 SL No. 436 s 14 sub 2004 SL No. 316 s 30 amd 2006 SL No. 134 s 3

398 Nature Conservation Regulation 1994 Restrictions on grant of permits for educational or scientific purposes s 51 amd 1995 SL No. 352 s 6 Permit needed to graze stock in protected area s 52 amd 1996 SL No. 283 s 2 sch Application of division to new national parks s 54 amd 1995 SL No. 352 s 7 Permit needed to travel stock s 57 amd 1996 SL No. 283 s 2 sch Stray stock may be seized s 60 amd 2001 SL No. 112 s 10 General muster s 61 amd 2001 SL No. 112 s 10; 2003 SL No. 375 s 15 Permit needed to conduct commercial activities s 63 amd 1995 SL No. 352 s 8; 1996 SL No. 283 s 7; 2003 SL No. 375 s 16 Return of operations for particular holders s 63A ins 2003 SL No. 375 s 17 Permit to use recreational craft prov hdg sub 1995 SL No. 352 s 9(1) s 66 amd 1995 SL No. 352 s 9(2) Special activities permit s 67 sub 1995 SL No. 352 s 10 Access to protected areas s 68 amd 1996 SL No. 283 s 2 sch; 1997 SL No. 436 s 15 Definitions for div 2 s 69 amd 1995 SL No. 352 s 11; 1996 SL No. 283 s 2 sch sub 2003 SL No. 329 s 10 General prohibitions about lighting fires s 69A ins 2003 SL No. 329 s 10 Other prohibited actions relating to fires s 69B ins 2003 SL No. 329 s 10 Prohibition about leaving fires s 69C ins 2003 SL No. 329 s 10 Unauthorised structures and works s 71 amd 1995 SL No. 352 s 12; 1996 SL No. 283 s 2 sch Removal of unauthorised structures and works s 72 amd 1997 SL No. 436 s 16; 2001 SL No. 112 s 10 Traffic control s 73 sub 1995 SL No. 352 s 13 Use of vehicles, boats and recreational craft s 74 amd 1995 SL No. 352 s 14

399 Nature Conservation Regulation 1994 Seizure and removal of vehicles s 76 amd 2001 SL No. 112 s 10 Appliances s 77 amd 1995 SL No. 352 s 15 Plants not to be brought into protected area s 78 amd 1995 SL No. 352 s 16; 2006 SL No. 134 s 4 Certain other prohibited conduct s 79 amd 1995 SL No. 352 s 17 Pollution and misuse of water s 80 amd 1995 SL No. 352 s 18; 1996 SL No. 283 s 2 sch Offensive and harmful substances s 81 amd 1996 SL No. 283 s 2 sch Flying over and landing in protected areas s 82 amd 1996 SL No. 283 s 2 sch; 2003 SL No. 375 s 18 Litter s 83 amd 1996 SL No. 283 s 2 sch Boat and vehicle bodies and parts s 84 amd 1995 SL No. 352 s 19 Animals s 86 amd 1997 SL No. 436 s 17; 2006 SL No. 134 s 5 Bringing into and keeping of dogs in protected area s 86A ins 2006 SL No. 134 s 6 Complying with direction to remove animal s 86B ins 2006 SL No. 134 s 6 Feeding native animals s 87 sub 2001 SL No. 215 s 3 Keeping food safe from native animals s 87A ins 2001 SL No. 215 s 3 Disturbing native animals s 87B ins 2001 SL No. 215 s 3 Noise control s 88 amd 1996 SL No. 283 s 2 sch Direction to leave area s 89 amd 1996 SL No. 283 s 2 sch; 1997 SL No. 436 s 18 Public health and safety s 89A ins 2003 SL No. 329 s 11 Division 1—General provisions div hdg ins 2003 SL No. 375 s 19

400 Nature Conservation Regulation 1994 Seizure of particular vehicles or appliances for the protection of cultural or natural resources prov hdg amd 2003 SL No. 375 s 20(1) s 90 amd 2001 SL No. 112 s 10; 2003 SL No. 375 s 20(2)–(3) Eradicating or controlling wildlife other than native wildlife s 91 sub 1996 SL No. 283 s 8 Permitted dog-walking s 91AA ins 2006 SL No. 134 s 7 Division 2—Provisions about regulatory notices div 2 (ss 91A–91D) ins 2003 SL No. 375 s 21 CHAPTER 3—CONSERVATION OF WILDLIFE AND HABITAT ch hdg sub 2003 SL No. 375 s 22 PART 1—PRELIMINARY pt hdg sub 2003 SL No. 375 s 22 Division 1—Preliminary div hdg sub 2003 SL No. 375 s 22 Application of ch 3 s 92 sub 1995 SL No. 406 s 3 ; 2003 SL No. 375 s 22 Definitions for ch 3 s 93 sub 2003 SL No. 375 s 22 def “accept” om 2005 SL No. 111 s 4 def “approved display purpose” om 2005 SL No. 111 s 4 def “authorised buyer” om 2005 SL No. 111 s 4 def “authorised interstate seller” om 2005 SL No. 111 s 4 def “authorised premises” om 2005 SL No. 111 s 4 def “interact” om 2005 SL No. 111 s 4 def “public land” om 2005 SL No. 111 s 4 def “relevant person” om 2005 SL No. 111 s 4 def “special native animal” om 2005 SL No. 111 s 4 def “temporary display” om 2005 SL No. 111 s 4 Meaning of “commercial purpose” s 94 amd 1995 SL No. 352 s 20 sub 2003 SL No. 375 s 22 Meaning of “unauthorised interaction” s 95 amd 1995 SL No. 352 s 21 sub 2003 SL No. 375 s 22 Division 2—Requirements that apply to all persons taking, keeping or using wildlife under the Act div hdg sub 2003 SL No. 375 s 22 Subdivision 1—Requirements about taking, keeping or using, other than moving, wildlife sdiv hdg ins 2003 SL No. 375 s 22

401 Nature Conservation Regulation 1994 Use of animals to take protected animals s 96 amd 1995 SL No. 352 s 22 sub 1997 SL No. 436 s 19; 2003 SL No. 375 s 22 Housing and care of live protected animals s 97 amd 1995 SL No. 352 s 23; 1997 SL No. 436 s 20 sub 2003 SL No. 375 s 22 Using live protected animals that are not self-sufficient s 98 amd 1997 SL No. 436 s 21 sub 2003 SL No. 375 s 22 Procedure if wildlife stolen s 99 sub 1997 SL No. 436 s 22 amd 1998 SL No. 36 s 4 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 5 Subdivision 2—Requirements about moving animals in containers sdiv hdg ins 2003 SL No. 375 s 22 Requirement about containers used to move live protected animals generally prov hdg sub 1995 SL No. 406 s 4(1) s 100 amd 1995 SL No. 352 s 24; 1995 SL No. 406 s 4(2)–(3); 1996 SL No. 72 s 3; 1997 SL No. 436 s 23; 1998 SL No. 36 s 5; 1999 SL No. 335 s 9; 2000 SL No. 354 s 3 sch sub 2003 SL No. 375 s 22 Restriction on grant of commercial wildlife harvesting licence s 100AA ins 1997 SL No. 379 s 5 om 2003 SL No. 375 s 22 Restriction on grant of recreational wildlife harvesting licence for ducks and quails s 100A amd 1995 SL No. 352 s 25 om 2003 SL No. 375 s 22 Requirement about labels for containers used to send protected animals s 101 amd 1995 SL No. 352 s 26; 1996 SL No. 72 s 4 sub 2003 SL No. 375 s 22 Subdivision 3—Provisions about movement advices sdiv hdg ins 2003 SL No. 375 s 22 Requirements for movement advice s 102 sub 2003 SL No. 375 s 22 Only 1 movement under movement advice s 103 sub 2003 SL No. 375 s 22 Dealing with movement advice prov hdg sub 2005 SL No. 111 s 6(1) s 104 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 6(2)–(3)

402 Nature Conservation Regulation 1994 Licence authorises certain persons to carry out activity s 104A ins 1997 SL No. 436 s 24 sub 1999 SL No. 335 s 10 om 2003 SL No. 375 s 22 Requirement to keep and produce movement advice s 105 amd 1996 SL No. 337 s 5; 1999 SL No. 335 s 11 sub 2003 SL No. 375 s 22 When wildlife harvesting licence not needed s 105A ins 1995 SL No. 406 s 5 om 2000 SL No. 354 s 3 sch Interfering with movement advice s 106 amd 1995 SL No. 352 s 27 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 7 Subdivision 4—Identification and information requirement sdiv hdg ins 2003 SL No. 375 s 22 Identification requirement for buying or selling protected, international or prohibited wildlife s 107 amd 1995 SL No. 406 s 6; 1997 SL No. 436 s 25 sub 2003 SL No. 375 s 22 Division 3—Provisions that apply to all licences, permits and other authorities div hdg sub 2003 SL No. 375 s 22 Subdivision 1—Restrictions on grant for all relevant authorities sdiv hdg ins 2003 SL No. 375 s 22 Who may obtain relevant authority s 108 amd 1995 SL No. 352 s 28 sub 1997 SL No. 436 s 26 amd 1999 SL No. 335 s 12 sub 2003 SL No. 375 s 22 Relevant authority must be consistent with purpose of Act s 109 amd 1997 SL No. 436 s 27 sub 2003 SL No. 375 s 22 Relevant authority must not be granted if conservation plan restricts the grant s 109A prev s 109A ins 1995 SL No. 406 s 7 om 2000 SL No. 354 s 3 sch pres s 109A ins 2005 SL No. 111 s 8 Relevant authority must not allow taking protected animal by using regulated substance s 110 sub 2003 SL No. 375 s 22 Relevant authority must be for only 1 licensed premises or mobile facility s 111 sub 2003 SL No. 375 s 22; 2005 SL No. 111 s 9

403 Nature Conservation Regulation 1994 Maximum term for licences s 112 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 10 Maximum term for permits s 113 amd 1995 SL No. 352 s 29; 1997 SL No. 379 s 6 sub 2003 SL No. 375 s 22 Maximum term for Aboriginal tradition or Island custom authorities s 114 amd 1995 SL No. 352 s 30 sub 2003 SL No. 375 s 22 Maximum term for collection authorities s 115 amd 1997 SL No. 436 s 28 sub 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 9 Subdivision 2—Provisions about things authorised by all relevant authorities sdiv hdg ins 2003 SL No. 375 s 22 Conservation plan may limit or extend things authorised by relevant authority s 115A ins 2005 SL No. 111 s 11 Particular relevant authorities for animals limited to only live or dead species s 116 amd 1997 SL No. 436 s 29 sub 2003 SL No. 375 s 22 Limitation for relevant authorities for taking animal by killing the animal s 117 amd 1995 SL No. 352 s 31; 1997 SL No. 436 s 30; 1999 SL No. 335 s 13 sub 2003 SL No. 375 s 22 Relevant authorities for protected plants limited to species identified on authority prov hdg sub 1997 SL No. 379 s 7(1) s 118 amd 1997 SL No. 379 s 7(2); 1999 SL No. 335 s 14 sub 2003 SL No. 375 s 22 Relevant authority only authorises keeping, using and moving of lawfully obtained wildlife s 118A prev s 118A ins 1995 SL No. 406 s 8 amd 1997 SL No. 436 s 31; 1998 SL No. 36 s 6 om 2000 SL No. 354 s 3 sch pres s 118A ins 2005 SL No. 111 s 12 Meaning of number on relevant authority s 119 amd 1995 SL No. 352 s 32 sub 2003 SL No. 375 s 22 Particular holders may engage in unauthorised interaction for protected animals s 120 amd 1995 SL No. 352 s 33 sub 2003 SL No. 375 s 22

404 Nature Conservation Regulation 1994 Holders of particular relevant authorities for animals may move animal to place of keeping s 121 amd 1995 SL No. 352 s 34; 1995 SL No. 406 s 9; 1997 SL No. 436 s 32 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 13; 2006 SL No. 203 s 186 Holder of relevant authority for animals may move animals to authorised buyers s 122 amd 2001 SL No. 112 s 10 sub 2003 SL No. 375 s 22 amd 2006 SL No. 203 s 187 Division 4—Aboriginal tradition and Island custom authorities div hdg om 2003 SL No. 375 s 22 Holder of relevant authority for animals may move animals from interstate sellers s 123 amd 1998 SL No. 362 s 4 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 14 sub 2006 SL No. 203 s 188 Holder of relevant authority for animals may move animal for private reasons s 124 sub 2003 SL No. 375 s 22 Holder of relevant authority for animals may move live animal to and from veterinary surgeon s 125 sub 2003 SL No. 375 s 22; 2006 SL No. 203 s 189 Holder of particular licences may move animal to or from display s 126 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 15; 2006 SL No. 203 s 190 Holder of relevant authority for whole protected plants may move plants s 127 sub 2003 SL No. 375 s 22 Holder of relevant authority for protected plant parts may move plant parts s 128 sub 2003 SL No. 375 s 22 When authority is not needed s 128A ins 1997 SL No. 436 s 33 om 1998 SL No. 36 s 7 Subdivision 3—Carrying out activities under any licence, permit or other authority sdiv hdg ins 2003 SL No. 375 s 22 sub 2005 SL No. 111 s 3 sch Division 5—Collection authorities div hdg om 2003 SL No. 375 s 22 Relevant authority and identification must be carried s 129 sub 2003 SL No. 375 s 22 Particular persons must produce identification s 130 sub 2003 SL No. 375 s 22 Division 6—General provisions about wildlife div hdg om 2003 SL No. 375 s 22

405 Nature Conservation Regulation 1994 Display of relevant authority if animal displayed at particular places s 131 amd 1995 SL No. 352 s 35; 1996 SL No. 129 s 3; 1996 SL No. 283 s 2 sch sub 2003 SL No. 375 s 22 Compliance with chief executive’s directions about sampling or implanting s 132 amd 1995 SL No. 352 s 36; 1996 SL No. 283 s 2 sch sub 2003 SL No. 375 s 22 Persons to whom holders may sell or give wildlife s 133 amd 1997 SL No. 436 s 34; 1999 SL No. 335 s 15 sub 2003 SL No. 375 s 22 amd 2006 SL No. 203 s 191 Division 7—Movement of wildlife other than protected wildlife div hdg om 2003 SL No. 375 s 22 Persons from whom holders may buy or accept wildlife s 134 sub 2003 SL No. 375 s 22 Dealing with animals after death—sampled or implanted animals s 135 sub 2003 SL No. 375 s 22 Dealing with animals after death—other animals s 136 sub 2003 SL No. 375 s 22 Assistance to conservation officers s 137 amd 1996 SL No. 283 s 2 sch sub 2003 SL No. 375 s 22 Subdivision 4—Provisions about form of authorities sdiv hdg ins 2003 SL No. 375 s 22 Division 8—Conservation value of wildlife div hdg om 2003 SL No. 375 s 22 Relevant authority must identify wildlife s 138 amd 2000 SL No. 129 s 4; 2003 SL No. 137 s 8 sub 2003 SL No. 375 s 22 Places and mobile facility identification must be stated on relevant authority prov hdg amd 2005 SL No. 111 s 16(1) s 139 amd 1997 SL No. 436 s 35 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 16 (2)–(3) Division 9—Miscellaneous div hdg ins 1998 SL No. 36 s 8 om 2003 SL No. 375 s 22 Taking, keeping and using sea turtle or dugong s 139A ins 1998 SL No. 36 s 8 om 2003 SL No. 375 s 22 Corporation relevant authority must state who is manager s 140 def “use” amd 1995 SL No. 352 s 37 sub 2003 SL No. 375 s 22

406 Nature Conservation Regulation 1994 Aboriginal tradition or Island custom authorities must list authorised individuals s 141 sub 2003 SL No. 375 s 22 Term of authority must be stated s 142 amd 1997 SL No. 436 s 36 sub 2003 SL No. 375 s 22 PART 2—EXEMPTIONS FOR TAKING, KEEPING, USING OR MOVING PROTECTED ANIMALS pt hdg sub 2003 SL No. 375 s 22 Division 1—Purpose and operation of part div hdg sub 2003 SL No. 375 s 22 Purpose and operation of pt 2 s 143 amd 1996 SL No. 72 s 5; 1997 SL No. 436 s 37; 1999 SL No. 335 s 16 sub 2003 SL No. 375 s 22 Division 2—Exemptions for taking, keeping, using and moving animals div hdg sub 2003 SL No. 375 s 22 Subdivision 1—General exemptions sdiv hdg ins 2003 SL No. 375 s 22 Exemption for chief executive s 144 sub 1997 SL No. 436 s 38; 2003 SL No. 375 s 22 Exemption for authorised keeper in another State s 144A ins 2006 SL No. 203 s 192 Exemption for authorised keeper in another country s 144B ins 2006 SL No. 203 s 192 Exemption for veterinary surgeons s 145 amd 1997 SL No. 436 s 39 sub 2003 SL No. 375 s 22 Exemption for particular government officers or employees s 146 sub 2003 SL No. 375 s 22 Exemption for Australian Defence Force s 147 sub 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 9 Exemption for marine turtle or dugong in particular circumstances s 148 amd 1995 SL No. 352 s 38 sub 2003 SL No. 375 s 22 amd 2006 SL No. 203 s 193 Exemption for protected shark in particular circumstances s 148A ins 2003 SL No. 376 s 4 Exemption for exempt animals—keeping and using prov hdg amd 2006 SL No. 203 s 194(1) s 149 amd 1996 SL No. 72 s 6; 1996 SL No. 283 s 9; 1997 SL No. 436 s 40 sub 2003 SL No. 375 s 22 amd 2006 SL No. 203 s 194(2)–(3)

407 Nature Conservation Regulation 1994 Exemption for exempt animals—moving s 149A ins 2006 SL No. 203 s 195 Exemption for controlled animals—keeping or using s 150 amd 1996 SL No. 283 s 2 sch; 1997 SL No. 436 s 41 sub 2003 SL No. 375 s 22 Exemption for controlled animals—moving s 151 prev s 151 sub 1997 SL No. 436 s 42 om 1999 SL No. 335 s 17 pres s 151 ins 2003 SL No. 375 s 22 amd 2006 SL No. 203 s 196 Division 3—Recreational wildlife licences for birds div hdg om 2003 SL No. 375 s 22 Exemption for particular recreational reptiles s 152 amd 1995 SL No. 352 s 39 sub 2003 SL No. 375 s 22 Exemption for least concern amphibians prov hdg amd 2005 SL No. 138 s 9 s 153 amd 1996 SL No. 72 s 7; 1997 SL No. 436 s 43; 1999 SL No. 335 s 18 sub 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 9 Exemption for particular protected fish for recreational purpose s 154 amd 1997 SL No. 436 s 44 sub 2003 SL No. 375 s 22 Exemption for protected scorpions or spiders for recreational purpose s 155 amd 1995 SL No. 352 s 40; 1996 SL No. 283 s 2 sch; 1997 SL No. 436 s 45 sub 2003 SL No. 375 s 22 Exemption for educational or scientific purposes s 156 amd 1995 SL No. 352 s 41 sub 2003 SL No. 375 s 22 Exemption for sick or injured animals—marine mammals and turtles s 157 sub 1997 SL No. 436 s 46; 2003 SL No. 375 s 22 amd 2006 SL No. 203 s 197 Exemption for sick, injured or orphaned animals—other animals s 158 sub 1995 SL No. 352 s 42; 1997 SL No. 436 s 47 amd 1998 SL No. 36 s 9 sub 2003 SL No. 375 s 22 amd 2006 SL No. 203 s 198 Exemption for interacting with animals in the wild s 159 sub 2003 SL No. 375 s 22 Division 4—International birds licence div hdg om 2003 SL No. 375 s 22

408 Nature Conservation Regulation 1994 Exemption for wholesalers to move dead protected animals s 160 amd 1995 SL No. 352 s 43 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 17 Subdivision 2—Particular exemptions for moving animals kept under an exemption sdiv hdg ins 2003 SL No. 375 s 22 Exemption to move protected animal for private reasons s 161 amd 1995 SL No. 352 s 44 sub 2003 SL No. 375 s 22 Exemption to move particular animals to and from veterinary surgeon s 162 sub 2003 SL No. 375 s 22; 2006 SL No. 203 s 199 Exemption to move particular animals to or from show or display prov hdg sub 1997 SL No. 436 s 48(1) amd 2005 SL No. 111 s 18(1) s 163 amd 1996 SL No. 283 s 2 sch; 1997 SL No. 436 s 48(2) sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 18(2); 2006 SL No. 203 s 200 Exemption to move dead protected animals to particular holders s 164 amd 1995 SL No. 352 s 45 sub 2003 SL No. 375 s 22 PART 3—KEEPING, USING OR MOVING INTERNATIONAL OR PROHIBITED ANIMALS, OTHER THAN UNDER RELEVANT AUTHORITY pt hdg sub 2000 SL No. 354 s 4; 2003 SL No. 375 s 22; 2006 SL No. 203 s 201 Division 1—Purpose of part div hdg sub 2000 SL No. 354 s 4; 2003 SL No. 375 s 22 om 2006 SL No. 203 s 201 Purpose of pt 3 s 165 amd 1995 SL No. 352 s 46; 1996 SL No. 72 s 8; 1998 SL No. 362 s 5; 2000 SL No. 354 s 4 sub 2003 SL No. 375 s 22; 2006 SL No. 203 s 201 Division 2—General authorisations for taking, keeping or using international or prohibited animals div hdg sub 2000 SL No. 354 s 4; 2003 SL No. 375 s 22 om 2006 SL No. 203 s 201 Authorised keepers in another State s 166 sub 2000 SL No. 354 s 4; 2003 SL No. 375 s 22; 2006 SL No. 203 s 201 Authorised keepers in another country s 167 amd 1999 SL No. 335 s 19 sub 2000 SL No. 354 s 4; 2003 SL No. 375 s 22; 2006 SL No. 203 s 201 Restriction on taking or using common plants s 167A ins 1995 SL No. 406 s 10 amd 1998 SL No. 36 s 10 om 2000 SL No. 354 s 4

409 Nature Conservation Regulation 1994 Restriction on using common plants s 167B ins 1998 SL No. 36 s 11 om 2000 SL No. 354 s 4 Division 3—Particular authorisations about moving protected, international or prohibited animals div hdg sub 2000 SL No. 354 s 4; 2003 SL No. 375 s 22 om 2006 SL No. 203 s 201 Veterinary surgeons s 168 amd 1995 SL No. 352 s 47; 1996 SL No. 72 s 9; 1999 SL No. 335 s 20 (retro) sub 2000 SL No. 354 s 4; 2003 SL No. 375 s 22; 2006 SL No. 203 s 201 Licence not needed to use protected plants registered under Plant Breeder’s Rights Act 1994 (Cwlth) s 168AA ins 1998 SL No. 36 s 12 om 2000 SL No. 354 s 4 Restricted plants offered for sale to be tagged s 168A ins 1996 SL No. 72 s 10 sub 2000 SL No. 354 s 4 om 2003 SL No. 375 s 22 Obligations of licensee under commercial wildlife licence for whole plants s 168B ins 2000 SL No. 354 s 4 om 2003 SL No. 375 s 22 Changes in number or species of plants kept s 168C ins 2000 SL No. 354 s 4 om 2003 SL No. 375 s 22 Division 4—Commercial use of protected plant parts div hdg ins 2000 SL No. 354 s 4 om 2003 SL No. 375 s 22 Authorisation for particular government officers or employees to move dead international or prohibited animals s 169 sub 2000 SL No. 354 s 4; 2003 SL No. 375 s 22 om 2006 SL No. 203 s 201 Changes in number or species of protected plant parts kept s 169A ins 2000 SL No. 354 s 4 om 2003 SL No. 375 s 22 Restrictions on holder of authority or permit s 169B ins 2000 SL No. 354 s 4 om 2003 SL No. 375 s 22 Division 5—Commercial wildlife licence for protected plants div hdg ins 2000 SL No. 354 s 4 om 2003 SL No. 375 s 22 Division 6—Recreational keeping and use of protected plants div hdg ins 2000 SL No. 354 s 4 om 2003 SL No. 375 s 22

410 Nature Conservation Regulation 1994 Division 7—Exemptions for using protected plants div hdg ins 2000 SL No. 354 s 4 om 2003 SL No. 375 s 22 Division 8—Approval of authorised cultivators and propagators div hdg ins 2000 SL No. 354 s 4 om 2003 SL No. 375 s 22 PART 4—LICENCES FOR TAKING, KEEPING OR USING ANIMALS pt hdg sub 2003 SL No. 375 s 22 Division 1—Preliminary div hdg ins 1999 SL No. 335 s 26 sub 2003 SL No. 375 s 22 Licences that may be granted s 170 amd 1995 SL No. 352 s 48; 1996 SL No. 283 s 2 sch; 1997 SL No. 436 s 49 sub 2000 SL No. 354 s 4; 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 19 Restriction on sale of protected plants by licensee under commercial wildlife licence s 170A ins 1999 SL No. 335 s 21 sub 2000 SL No. 354 s 4 om 2003 SL No. 375 s 22 Obligations of licensee under commercial wildlife licence s 170B ins 2000 SL No. 354 s 4 om 2003 SL No. 375 s 22 Division 2—Commercial wildlife licence (wildlife interaction) div hdg ins 1999 SL No. 335 s 29 sub 2003 SL No. 375 s 22 Subdivision 1—Purpose of division sdiv hdg ins 2003 SL No. 375 s 22 Purpose of div 2 s 171 amd 1995 SL No. 352 s 49; 1995 SL No. 406 s 11; 1996 SL No. 72 s 11 sub 2000 SL No. 354 s 4; 2003 SL No. 375 s 22 Subdivision 2—Restrictions on grant of commercial wildlife licence (wildlife interaction) sdiv hdg ins 2003 SL No. 375 s 22 Sale of particular restricted plants by licensee under recreational wildlife licence s 171A ins 2000 SL No. 354 s 4 om 2003 SL No. 375 s 22 Recreational wildlife harvesting licences and recreational wildlife licences for protected plants s 171B ins 2000 SL No. 354 s 4 om 2003 SL No. 375 s 22

411 Nature Conservation Regulation 1994 Restriction on animals for which licence may be granted s 172 amd 1999 SL No. 335 s 22 sub 2000 SL No. 354 s 4 amd 2001 SL No. 112 s 4 sub 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 9 Exemption for retail sale for whole protected plants s 172A ins 2000 SL No. 354 s 4 om 2003 SL No. 375 s 22 Exemption for using protected plant parts s 172B ins 2000 SL No. 354 s 4 om 2003 SL No. 375 s 22 Exemption for selling protected plants propagated for recreational purposes s 172C ins 2000 SL No. 354 s 4 om 2003 SL No. 375 s 22 Exemption for using protected plants registered under Plant Breeder’s Rights Act 1994 (Cwlth) s 172D ins 2000 SL No. 354 s 4 om 2003 SL No. 375 s 22 Restriction of persons to whom licence may be granted s 173 amd 1996 SL No. 72 s 12; 1997 SL No. 436 s 50 sub 2000 SL No. 354 s 4 amd 2001 SL No. 112 s 5 sub 2003 SL No. 375 s 22 Restriction on activities for which licence may be granted s 174 amd 1995 SL No. 352 s 50; 1996 SL No. 283 s 2 sch; 1997 SL No. 436 s 51 sub 2000 SL No. 354 s 4; 2003 SL No. 375 s 22 Subdivision 3—Things authorised by commercial wildlife licence (wildlife interaction) sdiv hdg ins 2003 SL No. 375 s 22 PART 3A—PROTECTED PLANTS IN TRADE pt hdg ins 1998 SL No. 362 s 6 om 2000 SL No. 354 s 4 Division 1—Preliminary div hdg ins 1998 SL No. 362 s 6 om 2000 SL No. 354 s 4 Definitions for pt 3A prov hdg sub 1999 No. 335 s 23(1) s 174A ins 1998 SL No. 362 s 6 amd 1999 SL No. 335 s 23(2) om 2000 SL No. 354 s 4 Purpose of part s 174B ins 1998 SL No. 362 s 6 om 2000 SL No. 354 s 4

412 Nature Conservation Regulation 1994 Application of part s 174C ins 1998 SL No. 362 s 6 om 2000 SL No. 354 s 4 Division 2—Taking, using and keeping protected plants div hdg ins 1998 SL No. 362 s 6 om 2000 SL No. 354 s 4 Harvest period for protected plants s 174D ins 1998 SL No. 362 s 6 amd 1999 SL No. 335 s 24 om 2000 SL No. 354 s 4 Restriction on taking under Aboriginal tradition or Island custom s 174E ins 1998 SL No. 362 s 6 om 2000 SL No. 354 s 4 Condition of licence s 174EA ins 1999 SL No. 335 s 25 om 2000 SL No. 354 s 4 Restrictions on holder of commercial wildlife harvesting licence s 174F ins 1998 SL No. 362 s 6 om 2000 SL No. 354 s 4 Restrictions on holder of recreational wildlife harvesting licence s 174G ins 1998 SL No. 362 s 6 om 2000 SL No. 354 s 4 Harvested restricted plants to be tagged s 174H ins 1998 SL No. 362 s 6 om 2000 SL No. 354 s 4 Restricted plants offered for sale to be tagged s 174I ins 1998 SL No. 362 s 6 om 2000 SL No. 354 s 4 Prohibition on sale if not in pot etc. s 174J ins 1998 SL No. 362 s 6 om 2000 SL No. 354 s 4 Division 3—Records and returns div hdg ins 1998 SL No. 362 s 6 om 2000 SL No. 354 s 4 Records to be kept s 174K ins 1998 SL No. 362 s 6 om 2000 SL No. 354 s 4 Returns s 174L ins 1998 SL No. 362 s 6 om 2000 SL No. 354 s 4 Division 4—Miscellaneous div hdg ins 1998 SL No. 362 s 6 om 2000 SL No. 354 s 4

413 Nature Conservation Regulation 1994 Conservation value s 174M ins 1998 SL No. 362 s 6 om 2000 SL No. 354 s 4 Holder may engage in unauthorised interaction prov hdg sub 1999 No. 335 s 27(1) s 175 amd 1995 SL No. 352 s 51; 1996 SL No. 72 s 13; 1999 SL No. 335 s 27(2)–(3) sub 2003 SL No. 375 s 22 Subdivision 4—Carrying out activities under commercial wildlife licence (wildlife interaction) sdiv hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Compliance with approved interaction plan s 176 amd 1995 SL No. 352 s 52; 1999 SL No. 335 s 28 sub 2003 SL No. 375 s 22 Requirement to keep report about activities under licence s 177 sub 2003 SL No. 375 s 22 Definition for div 2 s 177A ins 1999 SL No. 335 s 29 om 2003 SL No. 375 s 22 Effect of licence s 177B ins 1999 SL No. 335 s 29 om 2003 SL No. 375 s 22 Condition of licence s 177C ins 1999 SL No. 335 s 29 om 2003 SL No. 375 s 22 Change in number or species of reptiles s 177D ins 1999 SL No. 335 s 29 om 2003 SL No. 375 s 22 Delivery of dead reptiles s 177E ins 1999 SL No. 335 s 29 om 2003 SL No. 375 s 22 Return of operations s 177F ins 1999 SL No. 335 s 29 om 2003 SL No. 375 s 22 Definition for div 3 s 177G ins 1999 SL No. 335 s 29 om 2003 SL No. 375 s 22 Division 3—Commercial wildlife licences div hdg ins 1999 SL No. 335 s 29 sub 2003 SL No. 375 s 22 Subdivision 1—Purpose of division sdiv hdg ins 2003 SL No. 375 s 22

414 Nature Conservation Regulation 1994 Purpose of div 3 s 178 amd 1995 SL No. 352 s 53; 1999 SL No. 335 s 30 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Subdivision 2—Restrictions on grant of commercial wildlife licences sdiv hdg ins 2003 SL No. 375 s 22 Restriction on animals for which licence may be granted s 179 sub 2003 SL No. 375 s 22 Restriction if recreational wildlife licence granted for birds or reptiles prov hdg sub 1995 SL No. 352 s 54(1) s 180 amd 1995 SL No. 352 s 54(2)–(3); 1996 SL No. 283 s 2 sch sub 2003 SL No. 375 s 22 Additional restriction for licence for birds s 181 sub 2003 SL No. 375 s 22 Additional restriction for licence for reptiles s 182 sub 2003 SL No. 375 s 22 Subdivision 3—Things authorised by commercial wildlife licences sdiv hdg ins 2003 SL No. 375 s 22 Holder may keep and use particular animals s 183 amd 1996 SL No. 283 s 2 sch sub 2003 SL No. 375 s 22 Holder may process particular animals s 184 amd 1999 SL No. 335 s 31 sub 2003 SL No. 375 s 22 PART 4A—COMMERCIAL WILDLIFE LICENCES pt hdg ins 1995 SL No. 352 s 55 om 2003 SL No. 375 s 22 Application of part s 184A ins 1995 SL No. 352 s 55 om 2003 SL No. 375 s 22 Definition for pt 4A s 184B ins 1995 SL No. 352 s 55 sub 1999 SL No. 335 s 32 om 2003 SL No. 375 s 22 Effect of licence s 184C ins 1995 SL No. 352 s 55 om 2003 SL No. 375 s 22 Changes in numbers of animals kept s 184D ins 1995 SL No. 352 s 55 amd 1996 SL No. 283 s 2 sch; 1997 SL No. 436 s 52 om 2003 SL No. 375 s 22

415 Nature Conservation Regulation 1994 Return of operations s 184E ins 1995 SL No. 352 s 55 sub 1997 SL No. 436 s 53 om 1999 SL No. 335 s 33 Animal to be identified s 184F ins 1995 SL No. 352 s 55 om 2003 SL No. 375 s 22 Holder may keep dead macropods in storage s 185 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 20 exp 30 June 2005 (see s 185(4)) Chief executive may issue commercial or recreational wildlife harvesting licence s 185A ins 1995 SL No. 352 s 56 om 1999 SL No. 335 s 34 Commercial wildlife harvesting licence for protected plants s 185B ins 1997 SL No. 436 s 54 om 2003 SL No. 375 s 22 Holder may move animal to and from residence to provide care s 186 prev s 186 om 1997 SL No. 436 s 55 pres s 186 ins 2003 SL No. 375 s 22 Holder may breed protected birds s 187 prev s 187 om 1997 SL No. 436 s 55 pres s 187 ins 2003 SL No. 375 s 22 Subdivision 4—Carrying out activities under commercial wildlife licence sdiv hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch General requirement about way animal must be kept and used s 188 prev s 188 amd 1996 SL No. 283 s 2 sch om 1997 SL No. 436 s 55 pres s 188 ins 2003 SL No. 375 s 22 Requirement about identifying dead animals kept under licence s 189 prev s 189 om 1997 SL No. 436 s 55 pres s 189 ins 2003 SL No. 375 s 22 Compliance with harvest period notice conditions s 189A ins 1996 SL No. 129 s 4 exp 31 October 1996 (see s 189A(3)) Requirement to keep record book s 190 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 21 Requirement to give return of operations s 191 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 22

416 Nature Conservation Regulation 1994 Division 3A—Commercial wildlife licence (mobile) div 3A (ss 191A–191E) ins 2005 SL No. 111 s 23 Division 4—Recreational wildlife licences div hdg ins 2003 SL No. 375 s 22 Subdivision 1—Purpose of division sdiv hdg ins 2003 SL No. 375 s 22 Purpose of div 4 s 192 amd 1997 SL No. 436 s 56 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Subdivision 2—Restrictions on grant for recreational wildlife licences sdiv hdg ins 2003 SL No. 375 s 22 Restriction on animals for which licence may be granted s 193 amd 1999 SL No. 335 s 35 sub 2003 SL No. 375 s 22 Restriction on grant of licence to children s 194 sub 2003 SL No. 375 s 22 Restriction on grant of licence for restricted birds s 195 amd 1996 SL No. 283 s 2 sch; 1997 SL No. 436 s 57 sub 2003 SL No. 375 s 22 Demonstration of wildlife by employees s 195A ins 1999 SL No. 335 s 36 om 2003 SL No. 375 s 22 Restriction on grant of licence for restricted reptiles or amphibians s 196 sub 2003 SL No. 375 s 22 Restriction if commercial wildlife licence granted for birds or reptiles s 197 amd 1996 SL No. 283 s 2 sch; 1997 SL No. 436 s 58; 1999 SL No. 335 s 37 sub 2003 SL No. 375 s 22 Subdivision 3—Things authorised by recreational wildlife licences sdiv hdg ins 2003 SL No. 375 s 22 Holder may keep or use particular animals s 198 sub 1997 SL No. 436 s 59; 2003 SL No. 375 s 22 Holder may take particular reptiles to feed other reptiles prov hdg sub 1999 SL No. 335 s 38(1) s 199 amd 1999 SL No. 335 s 38(2) sub 2003 SL No. 375 s 22 Holder may breed protected birds s 200 sub 2003 SL No. 375 s 22 Subdivision 4—Carrying out activities under recreational wildlife licences sdiv hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch

417 Nature Conservation Regulation 1994 General requirement about way animal must be kept and used s 201 sub 1999 SL No. 335 s 39 amd 2003 SL No. 329 s 12 sub 2003 SL No. 375 s 22 Requirement to keep particular animals for minimum period s 202 amd 1999 SL No. 335 s 40 sub 2003 SL No. 375 s 22 Requirement to keep record book s 203 sub 1995 SL No. 352 s 57; 1997 SL No. 436 s 60; 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 24 Division 5—Commercial wildlife harvesting licences div hdg ins 2003 SL No. 375 s 22 Subdivision 1—Purpose of division sdiv hdg ins 2003 SL No. 375 s 22 Purpose of div 5 s 204 amd 1995 SL No. 352 s 58; 1996 SL No. 283 s 2 sch; 1997 SL No. 436 s 61; 1999 SL No. 335 s 41 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Subdivision 2—Restriction on grant of commercial wildlife harvesting licences sdiv hdg ins 2003 SL No. 375 s 22 Display of wildlife by employees s 204A ins 1997 SL No. 436 s 62 sub 1999 SL No. 335 s 42 om 2003 SL No. 375 s 22 Restriction on animals for which licence may be granted s 205 sub 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 10 Restriction on grant of licence to children if weapons involved s 206 amd 1995 SL No. 352 s 59; 1997 SL No. 436 s 63 sub 2003 SL No. 375 s 22 Restriction on grant of licence for macropods s 207 amd 1996 SL No. 283 s 2 sch; 1997 SL No. 436 s 64; 1999 SL No. 335 s 37 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 25 exp 30 June 2005 (see s 207(2)) Restriction on grant of licence for whales or dolphins s 208 sub 1997 SL No. 436 s 65; 2003 SL No. 375 s 22 Subdivision 3—Things authorised by commercial wildlife harvesting licence sdiv hdg ins 2003 SL No. 375 s 22

418 Nature Conservation Regulation 1994 Holder may take, keep and use particular animals prov hdg amd 2005 SL No. 111 s 26(1) s 209 amd 1995 SL No. 352 s 60; 1996 SL No. 72 s 14 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 26(2) (3) exp 30 June 2005 (see s 209(4)) amd 2006 SL No. 118 s 12 Subdivision 4—Carrying out activities under commercial wildlife harvesting licence sdiv hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Way animal may be taken prov hdg amd 2005 SL No. 111 s 3 sch s 210 sub 2003 SL No. 375 s 22 Requirements about carcasses of animals taken under licence s 211 sub 2003 SL No. 375 s 22 Conditions of wildlife farming licence s 211A ins 1996 SL No. 72 s 15 om 2003 SL No. 375 s 22 Requirement to keep record book s 212 sub 1995 SL No. 352 s 61; 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 27 Requirement to give return of operations s 213 amd 1995 SL No. 352 s 62; 1996 SL No. 129 s 5; 1996 SL No. 283 s 2 sch; 1999 SL No. 335 s 43 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 28 Division 6—Recreational wildlife harvesting licences div hdg ins 2003 SL No. 375 s 22 Subdivision 1—Purpose of division sdiv hdg ins 2003 SL No. 375 s 22 Purpose of div 6 prov hdg sub 1997 SL No. 436 s 66(1) s 214 amd 1996 SL No. 72 s 16; 1996 SL No. 283 s 2 sch; 1997 SL No. 436 s 66(2) sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Handling of wildlife s 214A ins 1995 SL No. 352 s 63 om 2003 SL No. 375 s 22 Autopsy or delivery of snake if it is dead farm wildlife s 214B ins 1996 SL No. 72 s 17 om 2003 SL No. 375 s 22 Subdivision 2—Restriction on grant of recreational wildlife harvesting licences sdiv hdg ins 2003 SL No. 375 s 22

419 Nature Conservation Regulation 1994 Restriction on grant of licence to children if weapons involved prov hdg sub 1995 SL No. 352 s 64 s 215 sub 2003 SL No. 375 s 22 Restriction on grant of licence for macropods s 216 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 29 exp 30 June 2005 (see s 216(2)) PART 8A—MUSEUM AND HERBARIUM LICENCES pt hdg ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Division 1—Preliminary div hdg ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Definitions for pt 8A s 216A ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Purpose of pt 8A s 216B ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Division 2—Museum licences div hdg ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Definition for div 2 s 216C ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Effect of licence s 216D ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Display of live wildlife s 216E ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Display of wildlife by employees s 216F ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Taking of wildlife by person other than licensee s 216G ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Handling wildlife s 216H ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Disposal of dead wildlife s 216I ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22

420 Nature Conservation Regulation 1994 Conditions of museum licence s 216J ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Change in number or species of live wildlife s 216K ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Return of operations s 216L ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Dealing with wildlife without approval s 216M ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Division 3—Herbarium licences div hdg ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Definition for div 3 s 216N ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Effect of licence s 216O ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Taking, keeping and use of protected plants by person other than licensee s 216P ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Dealing with protected plants without approval s 216Q ins 1999 SL No. 335 s 44 om 2003 SL No. 375 s 22 Restriction on grant of licence for ducks and quails s 217 sub 2003 SL No. 375 s 22 Taking of protected wildlife under damage mitigation permit s 217A ins 1997 SL No. 436 s 67 amd 1999 SL No. 335 s 45 om 2003 SL No. 375 s 22 Subdivision 3—Things authorised by recreational wildlife harvesting licence sdiv hdg ins 2003 SL No. 375 s 22 Holder may take, keep, use and process particular animals s 218 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 30 (3)(b) exp 30 June 2005 (see s 218(4))

421 Nature Conservation Regulation 1994 Holder may move particular macropods to place of processing s 219 om 1995 SL No. 352 s 65 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 31 exp 30 June 2005 (see s 219(5)) Subdivision 4—Carrying out activities under recreational wildlife harvesting licence sdiv hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Way animal may be taken prov hdg amd 2005 SL No. 111 s 3 sch s 220 amd 1997 SL No. 436 s 68; 1999 SL No. 335 s 46 sub 2003 SL No. 375 s 22 Movement of protected animal s 220A ins 1997 SL No. 436 s 69 om 2003 SL No. 375 s 22 Requirements about carcasses of animals taken under licence prov hdg sub 1997 SL No. 436 s 70(1) s 221 amd 1996 SL No. 283 s 2 sch; 1997 SL No. 436 s 70(2)–(3); 1999 SL No. 335 s 37 sub 2003 SL No. 375 s 22 Requirement to give return of operations prov hdg sub 1995 SL No. 352 s 66 s 222 amd 1997 SL No. 436 s 222 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 32 Division 7—Wildlife demonstrator licences div hdg ins 2003 SL No. 375 s 22 Subdivision 1—Purpose of division sdiv hdg ins 2003 SL No. 375 s 22 Purpose of div 7 s 223 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Subdivision 2—Things authorised by wildlife demonstrator licence sdiv hdg ins 2003 SL No. 375 s 22 Holder may keep and use particular animals s 224 amd 1996 SL No. 72 s 18 sub 2003 SL No. 375 s 22 Subdivision 3—Carrying out activities under wildlife demonstrator licence sdiv hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Restriction on number of live animals that may be kept under licence s 225 amd 1999 SL No. 335 s 47 sub 2003 SL No. 375 s 22

422 Nature Conservation Regulation 1994 Taking, keeping and using protected animals under rescue permit s 225A ins 1997 SL No. 436 s 72 om 2003 SL No. 375 s 22 Minimum number of displays prov hdg amd 2005 SL No. 111 s 3 sch s 226 amd 1995 SL No. 352 s 67; 1996 SL No. 283 s 2 sch sub 2003 SL No. 375 s 22 Way animal may be displayed prov hdg amd 2005 SL No. 111 s 3 sch s 227 sub 1995 SL No. 352 s 68 amd 1996 SL No. 283 s 2 sch sub 2003 SL No. 375 s 22 Requirement to supervise animal while being displayed s 228 amd 1995 SL No. 352 s 69; 1997 SL No. 436 s 73; 1999 SL No. 335 s 48 sub 2003 SL No. 375 s 22 Taking protected wildlife under a permit for educational or scientific purposes s 228A ins 1997 SL No. 436 s 74 amd 1998 SL No. 36 s 13 om 2003 SL No. 375 s 22 Restriction on acts animal may be required to do s 229 amd 1995 SL No. 352 s 70 sub 2003 SL No. 375 s 22 Handling dangerous animals prov hdg sub 1995 SL No. 352 s 71 amd 2005 SL No. 111 s 3 sch s 230 amd 1996 SL No. 283 s 2 sch; 1997 SL No. 436 s 75; 1999 SL No. 335 s 49 sub 2003 SL No. 375 s 22 Requirement to keep record book s 231 amd 2003 SL No. 82 s 8 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 33 Requirement to give return of operations s 232 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 34 Division 8—Wildlife exhibitor licences div hdg ins 2003 SL No. 375 s 22 Subdivision 1—Purpose of division sdiv hdg ins 2003 SL No. 375 s 22 Purpose of div 8 s 233 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Subdivision 2—Additional application requirements sdiv hdg ins 2003 SL No. 375 s 22

423 Nature Conservation Regulation 1994 Requirement to give particular information for application s 234 amd 1996 SL No. 283 s 2 sch; 1997 SL No. 436 s 75 sub 2003 SL No. 375 s 22 Subdivision 3—Restrictions on grant for wildlife exhibitor licences sdiv hdg ins 2003 SL No. 375 s 22 Exhibit must meet particular criteria s 235 sub 1997 SL No. 436 s 76 amd 1998 SL No. 36 s 14 sub 2003 SL No. 375 s 22 Subdivision 4—Things authorised by wildlife exhibitor licence sdiv hdg ins 2003 SL No. 375 s 22 Holder may keep and use animals s 236 amd 1996 SL No. 283 s 2 sch sub 2003 SL No. 375 s 22 Holder may take and keep sick, injured or orphaned animals s 237 amd 2001 SL No. 215 s 4 sub 2003 SL No. 375 s 22 Disturbing native animals s 237A ins 2001 SL No. 215 s 5 om 2003 SL No. 375 s 22 Holder may take and use protected plant parts s 238 sub 1997 SL No. 436 s 77 amd 1998 SL No. 36 s 15 sub 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 9 exp 31 December 2005 (see s 238(3)) Holder may engage in unauthorised interaction in particular circumstances s 239 sub 2003 SL No. 375 s 22 Holder may move animal to or from licensed premises for secondary authorities prov hdg amd 2000 SL No. 354 s 5(1) s 240 amd 1996 SL No. 283 s 2 sch; 1999 SL No. 335 s 50; 2000 SL No. 354 s 5(2) sub 2003 SL No. 375 s 22 amd 2006 SL No. 203 s 202 Subdivision 5—Carrying out activities under wildlife exhibitor licence sdiv hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Way animal may be displayed prov hdg amd 2005 SL No. 111 s 3 sch s 241 sub 2003 SL No. 375 s 22 Requirement to supervise animal while being displayed s 242 amd 2001 SL No. 112 s 10 sub 2003 SL No. 375 s 22

424 Nature Conservation Regulation 1994 Restriction on acts animal may be required to do s 243 amd 1995 SL No. 352 s 72 sub 1996 SL No. 283 s 10; 2003 SL No. 375 s 22 Handling dangerous animals prov hdg amd 2005 SL No. 111 s 3 sch s 244 amd 1995 SL No. 352 s 73 sub 2003 SL No. 375 s 22 Particular holders must comply with approved interaction plan prov hdg sub 1995 SL No. 352 s 74(1) amd 1997 SL No. 436 s 78(1) s 245 amd 1995 SL No. 352 s 74(2); 1997 SL No. 436 s 78(2) sub 2003 SL No. 375 s 22 Particular holders must keep report about particular activities s 246 amd 1997 SL No. 436 s 79 sub 2003 SL No. 375 s 22 Requirement to keep record book s 247 amd 1996 SL No. 283 s 2 sch sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 35 Requirement to give return of operations s 248 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 36 Division 9—Wildlife farming licences div hdg ins 2003 SL No. 375 s 22 Subdivision 1—Purpose of division sdiv hdg ins 2003 SL No. 375 s 22 Purpose of div 9 s 249 amd 1995 SL No. 352 s 75; 2001 SL No. 112 ss 6, 10 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Subdivision 2—Restriction on grant of wildlife farming licences sdiv hdg ins 2003 SL No. 375 s 22 Restriction on animals for which licence may be granted s 250 amd 1997 SL No. 436 s 80 sub 2003 SL No. 375 s 22 Restriction on grant of licence for particular reptiles s 251 amd 1995 SL No. 352 s 76; 1997 SL No. 436 s 81 sub 2003 SL No. 375 s 22 Subdivision 3—Things authorised by wildlife farming licences sdiv hdg ins 2003 SL No. 375 s 22 Holder may keep, use and process animals s 252 amd 1995 SL No. 352 s 77; 1997 SL No. 436 s 82 sub 2003 SL No. 375 s 22

425 Nature Conservation Regulation 1994 Subdivision 4—Carrying out activities under wildlife farming licence sdiv hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Requirement about identifying animal taken from the wild s 253 amd 1995 SL No. 352 s 78; 1997 SL No. 436 s 83 sub 2003 SL No. 375 s 22 Sampling or implanting particular reptiles prov hdg amd 2005 SL No. 111 s 3 sch s 254 sub 2003 SL No. 375 s 22 Complying with relevant code prov hdg amd 2005 SL No. 111 s 3 sch s 255 sub 2003 SL No. 375 s 22 Way animal may be displayed prov hdg amd 2005 SL No. 111 s 3 sch s 256 sub 2003 SL No. 375 s 22 Animal must be supervised while being displayed s 257 amd 1997 SL No. 436 s 84 sub 2003 SL No. 375 s 22 Restriction on acts animal may be required to do s 258 amd 1995 SL No. 352 s 79; 1996 SL No. 283 ss 11, 2 sch; 1998 SL No. 36 s 16 sub 2003 SL No. 375 s 22 Handling dangerous animals prov hdg sub 1995 SL No. 352 s 80(1) amd 2005 SL No. 111 s 3 sch s 259 amd 1995 SL No. 352 s 80(2)–(4); 1996 SL No. 283 s 2 sch; 1997 SL No. 436 s 85 sub 2003 SL No. 375 s 22 Requirement to keep record book s 260 amd 1995 SL No. 352 s 81; 1996 SL No. 283 s 2 sch; 1997 SL No. 436 s 86; 1999 SL No. 335 s 51 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 37 Requirement to give return of operations s 261 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 38 Division 10—Museum licences div hdg ins 2003 SL No. 375 s 22 Subdivision 1—Preliminary sdiv hdg ins 2003 SL No. 375 s 22

426 Nature Conservation Regulation 1994 Purpose of div 10 s 262 amd 2003 SL No. 137 s 9 sub 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 39 Definition for div 10 s 263 amd 2003 SL No. 137 s 9 sub 2003 SL No. 375 s 22 Subdivision 2—Restrictions on grant of museum licences sdiv hdg ins 2003 SL No. 375 s 22 Restriction on persons to whom licence may be granted s 264 prev s 264 exp 19 December 1999 (see s 265) pres s 264 ins 2003 SL No. 375 s 22 Restriction on animals for which licence may be granted s 265 prev s 265 exp 19 December 1999 (see s 265) pres s 265 ins 2003 SL No. 375 s 22 Restriction on grant of licence authorising display s 266 ins 2003 SL No. 375 s 22 Subdivision 3—Things authorised by museum licences sdiv hdg ins 2003 SL No. 375 s 22 Holder may take, keep, use and process particular animals s 267 ins 2003 SL No. 375 s 22 Subdivision 4—Carrying out activities under museum licences sdiv hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Where animals may be displayed s 268 ins 2003 SL No. 375 s 22 Way animal may be displayed prov hdg amd 2005 SL No. 111 s 3 sch s 269 ins 2003 SL No. 375 s 22 Requirement to supervise animal while being displayed s 270 ins 2003 SL No. 375 s 22 Restriction on acts animal may be required to do s 271 ins 2003 SL No. 375 s 22 Handling dangerous animals pt hdg amd 2005 SL No. 111 s 3 sch s 272 ins 2003 SL No. 375 s 22 Requirement to keep record book s 273 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 40 Requirement to give return of operations s 274 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 41

427 Nature Conservation Regulation 1994 PART 5—PERMITS FOR TAKING, KEEPING OR USING ANIMALS pt hdg sub 2003 SL No. 375 s 22 Division 1—Preliminary div 1 (s 275) ins 2003 SL No. 375 s 22 Division 2—General restrictions on grant for all permits div 2 (ss 276–277) ins 2003 SL No. 375 s 22 Division 3—Damage mitigation permits div hdg ins 2003 SL No. 375 s 22 Purpose of div 3 s 278 ins 2003 SL No. 375 s 22 Restriction on animals for which permit may be granted s 279 ins 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 11 Restriction on purposes for which permit may be granted s 280 ins 2003 SL No. 375 s 22 Restriction on grant of permit for damage or loss s 281 ins 2003 SL No. 375 s 22 Restriction on grant of permit for threat to human health and wellbeing s 282 ins 2003 SL No. 375 s 22 Holder may take particular animals prov hdg amd 2005 SL No. 111 s 42(1) s 283 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 42(2)–(3) Requirement to give return of operations s 284 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 43 Subdivision 4—Carrying out activities under damage mitigation permit sdiv hdg amd 2005 SL No. 111 s 3 sch Division 4—Educational purposes permits div hdg ins 2003 SL No. 375 s 22 Subdivision 1—Purpose of division sdiv hdg ins 2003 SL No. 375 s 22 Purpose of div 4 s 285 ins 2003 SL No. 375 s 22 Subdivision 2—Restriction on grant for educational purposes permit sdiv hdg ins 2003 SL No. 375 s 22 Restriction on persons to whom permit may be granted s 286 ins 2003 SL No. 375 s 22 Restriction on purposes for which permit may be granted s 287 ins 2003 SL No. 375 s 22

428 Nature Conservation Regulation 1994 Subdivision 3—Things authorised by educational purposes permit sdiv hdg ins 2003 SL No. 375 s 22 Holder may take, keep and use particular animals s 288 ins 2003 SL No. 375 s 22 Subdivision 4—Carrying out activities under educational purposes permit sdiv hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Requirement to give return of operations s 289 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 44 Division 5—Permit to keep protected wildlife div hdg ins 2003 SL No. 375 s 22 Subdivision 1—Purpose of division div hdg ins 2003 SL No. 375 s 22 Purpose of div 5 s 290 ins 2003 SL No. 375 s 22 Subdivision 2—Restriction on grant of permit to keep protected wildlife div hdg ins 2003 SL No. 375 s 22 Restriction on purposes for which permit may be granted s 291 ins 2003 SL No. 375 s 22 Restriction on grant of permit for animals taken under rehabilitation permit s 292 ins 2003 SL No. 375 s 22 Restriction on grant of permit for animal from another State s 293 ins 2003 SL No. 375 s 22 Restriction on grant of permit for animal kept under expired authority s 294 ins 2003 SL No. 375 s 22 Restriction on grant of permit to holders of particular authorities s 295 ins 2003 SL No. 375 s 22 Subdivision 3—Things authorised by permit to keep protected wildlife div hdg ins 2003 SL No. 375 s 22 Holder may keep animal s 296 ins 2003 SL No. 375 s 22 Holder may move animal to another holder if no longer keeping animals s 297 ins 2003 SL No. 375 s 22 amd 2006 SL No. 203 s 203 Holder may move animal to an institution if asked by chief executive s 298 ins 2003 SL No. 375 s 22 Holder may move particular birds s 299 ins 2003 SL No. 375 s 22

429 Nature Conservation Regulation 1994 Subdivision 4—Carrying out activities under permits to keep protected wildlife sdiv hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Breeding prov hdg sub 2005 SL No. 111 s 3 sch s 300 ins 2003 SL No. 375 s 22 Requirement to keep record book s 301 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 45 Requirement to give return of operations s 302 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 46 Division 6—Rehabilitation permits div hdg ins 2003 SL No. 375 s 22 Subdivision 1—Purpose of division div hdg ins 2003 SL No. 375 s 22 Purpose of div 6 s 303 ins 2003 SL No. 375 s 22 Subdivision 2—Restrictions on grant of rehabilitation permits div hdg ins 2003 SL No. 375 s 22 Restriction on persons to whom permit may be granted s 304 ins 2003 SL No. 375 s 22 Restriction on grant of permit to voluntary wildlife care associations s 305 ins 2003 SL No. 375 s 22 Restriction on animals for which permit may be granted s 306 ins 2003 SL No. 375 s 22 Subdivision 3—Things authorised by rehabilitation permits div hdg ins 2003 SL No. 375 s 22 Holder may obtain and keep particular animals s 307 ins 2003 SL No. 375 s 22 Holders may take particular dead animals for feeding particular animals s 308 ins 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 9; 2006 SL No. 203 s 204 Particular holders may display particular animals s 309 ins 2003 SL No. 375 s 22 Holder may move animals in particular circumstances s 310 ins 2003 SL No. 375 s 22 Subdivision 4—Carrying out activities under rehabilitation permits sdiv hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch

430 Nature Conservation Regulation 1994 Way animal must be kept prov hdg amd 2005 SL No. 111 s 3 sch s 311 ins 2003 SL No. 375 s 22 Returning animal to natural habitat prov hdg amd 2005 SL No. 111 s 3 sch s 312 ins 2003 SL No. 375 s 22 Division 7—Scientific purposes permit div hdg ins 2003 SL No. 375 s 22 Subdivision 1—Preliminary div hdg ins 2003 SL No. 375 s 22 Purpose of div 7 s 313 ins 2003 SL No. 375 s 22 Definitions for div 7 s 314 ins 2003 SL No. 375 s 22 Subdivision 2—Restrictions on grant of scientific purposes permit div hdg ins 2003 SL No. 375 s 22 Restriction on persons to whom permit may be granted s 315 ins 2003 SL No. 375 s 22 Restriction on grant of permit allowing animal to be taken s 316 ins 2003 SL No. 375 s 22 Restriction on grant of permit for whales or dolphins s 317 ins 2003 SL No. 375 s 22 Subdivision 3—Things authorised by scientific purposes permit div hdg ins 2003 SL No. 375 s 22 Holder may take, keep, use and process animals s 318 ins 2003 SL No. 375 s 22 Subdivision 4—Carrying out activities under scientific purposes permit div hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Requirement to give return of operations s 319 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 47 Division 8—Commercial whale watching permit div 8 (ss 320–323) ins 2003 SL No. 375 s 22 PART 6—AUTHORITIES FOR TAKING, KEEPING OR USING ANIMALS pt hdg sub 2003 SL No. 375 s 22 Division 1—Preliminary div 1 ins 2003 SL No. 375 s 22 Authorities that may be granted s 324 amd 2005 SL No. 138 s 9

431 Nature Conservation Regulation 1994 Division 2—Aboriginal tradition and Island custom authorities div hdg ins 2003 SL No. 375 s 22 Subdivision 1—Preliminary div hdg ins 2003 SL No. 375 s 22 Application of div 2 s 325 ins 2003 SL No. 375 s 22 Restriction on persons to whom authority may be granted s 326 ins 2003 SL No. 375 s 22 Restriction on circumstances under which authority may be granted s 327 ins 2003 SL No. 375 s 22 Restriction on grant of authority for particular marine animals s 328 ins 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 10 Subdivision 3—Things authorised by Aboriginal tradition or Island custom authorities div hdg ins 2003 SL No. 375 s 22 Holder may take, keep and use particular animals s 329 ins 2003 SL No. 375 s 22 Division 3—Collection authority to keep collection of dead protected wildlife div 3 (s 330) ins 2003 SL No. 375 s 22 Division 4—Collection authority to take and keep least concern wildlife div hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 12 Subdivision 1—Restrictions on grant for collection authority to take and keep least concern wildlife sdiv hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 12 Restriction on persons to whom authority may be granted s 331 ins 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 9 Other restriction on grant of authority s 332 ins 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 9 Subdivision 2—Things authorised by collection authority to take and keep least concern wildlife sdiv hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 12 Holder may take, keep and use least concern animals prov hdg amd 2005 SL No. 138 s 9 s 333 ins 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 9

432 Nature Conservation Regulation 1994 Holder may move animals for survival training s 334 ins 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 9 Subdivision 3—Carrying out activities under collection authority to take and keep least concern wildlife sdiv hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch; 2005 SL No. 138 s 12 Requirement to give return of operations s 335 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 48; 2005 SL No. 138 s 9 PART 7—TAKING OR USING PROTECTED PLANTS pt hdg sub 2003 SL No. 375 s 22 Division 1—Purpose of part div 1 (s 336) ins 2003 SL No. 375 s 22 Division 2—Restrictions about using protected plants div hdg ins 2003 SL No. 375 s 22 Purpose of div 2 s 337 ins 2003 SL No. 375 s 22 Restriction on using or moving least concern plants prov hdg amd 2005 SL No. 138 s 9 s 338 ins 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 9 Restriction on using or moving whole protected plants for commercial purpose prov hdg amd 2005 SL No. 111 s 3 sch s 339 ins 2003 SL No. 375 s 22 Restriction on using or moving protected plant parts for commercial purpose s 340 ins 2003 SL No. 375 s 22 Division 3—Exemptions for using protected plants div 3 (ss 341–355) ins 2003 SL No. 375 s 22 Division 4—Licences, permits and other authorities for taking or using protected plants div hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Subdivision 1—Preliminary div hdg ins 2003 SL No. 375 s 22 Licences that may be granted s 356 ins 2003 SL No. 375 s 22 Permits that may be granted s 357 ins 2003 SL No. 375 s 22 Authorities that may be granted s 358 ins 2003 SL No. 375 s 22

433 Nature Conservation Regulation 1994 Relationship with conservation plan s 359 ins 2003 SL No. 375 s 22 om 2005 SL No. 111 s 49 Subdivision 2—Commercial wildlife licences div hdg ins 2003 SL No. 375 s 22 Holder may use protected plants for commercial purpose s 360 ins 2003 SL No. 375 s 22 Selling or giving away protected plants generally prov hdg amd 2005 SL No. 111 s 3 sch s 361 ins 2003 SL No. 375 s 22 Additional provision about selling whole type A restricted plants prov hdg amd 2005 SL No. 111 s 3 sch s 362 ins 2003 SL No. 375 s 22 Requirement to keep record book s 363 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 50 Requirement to give return of operations s 364 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 51 Subdivision 3—Recreational wildlife licences div hdg ins 2003 SL No. 375 s 22 Restriction on persons to whom licence may be granted s 365 ins 2003 SL No. 375 s 22 Holder may use protected plants for recreational purpose s 366 ins 2003 SL No. 375 s 22 Holder may also use particular protected plants for commercial purpose in particular circumstances s 367 ins 2003 SL No. 375 s 22 Restriction on selling particular plants s 368 ins 2003 SL No. 375 s 22 Subdivision 4—Commercial wildlife harvesting licence div hdg ins 2003 SL No. 375 s 22 Holder may take and use particular protected plants s 369 ins 2003 SL No. 375 s 22 Subdivision 5—Recreational wildlife harvesting licence div hdg ins 2003 SL No. 375 s 22 Holder may take and use particular plants s 370 ins 2003 SL No. 375 s 22 Subdivision 6—Herbarium licences div hdg ins 2003 SL No. 375 s 22

434 Nature Conservation Regulation 1994 Restriction on persons to whom licence may be granted s 371 ins 2003 SL No. 375 s 22 Holder may take or use protected plants in particular circumstances s 372 ins 2003 SL No. 375 s 22 Subdivision 7—Clearing permits div hdg ins 2003 SL No. 375 s 22 Holder may take protected plants s 373 ins 2003 SL No. 375 s 22 Subdivision 8—Damage mitigation permits div hdg ins 2003 SL No. 375 s 22 Restriction on plants for which permit may be granted s 374 ins 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 13 Restriction on purposes for which permit may be granted s 375 ins 2003 SL No. 375 s 22 Restriction on grant of permit for damage or loss s 376 ins 2003 SL No. 375 s 22 Restriction on grant of permit for threat to human health and wellbeing s 377 ins 2003 SL No. 375 s 22 Holder may take protected plants s 378 ins 2003 SL No. 375 s 22 sub 2005 SL No. 111 s 52 Requirement to give return of operations s 379 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 53 Subdivision 9—Educational purposes permits div hdg ins 2003 SL No. 375 s 22 Restriction on persons to whom permit may be granted s 380 ins 2003 SL No. 375 s 22 Restriction on purpose for which permit may be granted s 381 ins 2003 SL No. 375 s 22 Holder may take and use protected plants s 382 ins 2003 SL No. 375 s 22 Requirement to give return of operations s 383 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 54 Subdivision 10—Scientific purposes permit div hdg ins 2003 SL No. 375 s 22 Restriction on persons to whom permit may be granted s 384 ins 2003 SL No. 375 s 22

435 Nature Conservation Regulation 1994 Restriction on purposes for which permit may be granted s 385 ins 2003 SL No. 375 s 22 Holder may take and use protected plants s 386 ins 2003 SL No. 375 s 22 Requirement to give return of operations s 387 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 55 Subdivision 11—Aboriginal tradition and Island custom authorities div hdg ins 2003 SL No. 375 s 22 Restriction on persons to whom authority may be granted s 388 ins 2003 SL No. 375 s 22 Restriction on circumstances under which authority may be granted s 389 ins 2003 SL No. 375 s 22 Holder may take and use protected plants s 390 ins 2003 SL No. 375 s 22 Division 5—Provisions about authorised cultivators and propagators div hdg ins 2003 SL No. 375 s 22 Subdivision 1—Approval of authorised cultivators and propagators sdiv hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Approval of persons as authorised cultivator or propagator s 391 ins 2003 SL No. 375 s 22 Restriction on persons who may be approved s 392 ins 2003 SL No. 375 s 22 Notice of approval s 393 ins 2003 SL No. 375 s 22 Subdivision 2—Carrying out activities under approval sdiv hdg ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 3 sch Requirement to keep records s 394 ins 2003 SL No. 375 s 22 Assistance to conservation officers s 395 ins 2003 SL No. 375 s 2 Requirement to notify chief executive of new address s 396 ins 2003 SL No. 375 s 22 PART 8—PERMIT FOR MOVING WILDLIFE pt hdg sub 2003 SL No. 375 s 22 Division 1—Preliminary div hdg sub 2003 SL No. 375 s 22

436 Nature Conservation Regulation 1994 Purpose of pt 8 prov hdg amd 2006 SL No. 203 s 205 s 397 ins 2003 SL No. 375 s 22 Permit may be granted s 398 ins 2003 SL No. 375 s 22 Conditions for permits for interstate movements s 398A ins 2006 SL No. 203 s 206 Division 1A—Export agreements div hdg ins 2006 SL No. 203 s 207 Minister may enter into agreement s 398B ins 2006 SL No. 203 s 207 Only suitable persons may be party to agreement s 398C ins 2006 SL No. 203 s 207 Content of agreement s 398D ins 2006 SL No. 203 s 207 Division 2—Restrictions on grant of wildlife movement permits div hdg sub 2003 SL No. 375 s 22 Restriction on animals for which permit may be granted s 399 ins 2003 SL No. 375 s 22 General restriction on movements for which permit may be granted generally s 400 ins 2003 SL No. 375 s 22 amd 2006 SL No. 203 s 208 Additional general restriction for movements out of the State prov hdg amd 2006 SL No. 203 s 209 s 401 ins 2003 SL No. 375 s 22 Additional general restriction for movements into the State prov hdg amd 2006 SL No. 203 s 209 s 402 ins 2003 SL No. 375 s 22 Additional restriction for movement of prescribed protected animal to another State s 402A ins 2006 SL No. 203 s 210 Additional restriction for movement of prescribed protected animal within the State for export s 402B ins 2006 SL No. 203 s 210 Division 3—Things authorised by wildlife movement permit div hdg ins 2003 SL No. 375 s 22 Holder may move wildlife s 403 ins 2003 SL No. 375 s 22 PART 9—PROCESSED PRODUCTS pt hdg sub 2003 SL No. 375 s 22

437 Nature Conservation Regulation 1994 Division 1—Damage mitigation permits div hdg om 2003 SL No. 375 s 22 Division 2—Permits to keep protected, international or prohibited wildlife div hdg om 2003 SL No. 375 s 22 Division 3—Rescue permits div hdg om 2003 SL No. 375 s 22 Division 4—Permits for educational or scientific purposes div hdg ins 1997 SL No. 436 s 74 om 2003 SL No. 375 s 22 Purpose of pt 9 s 404 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 20 sch Definition for pt 9 s 405 ins 2003 SL No. 375 s 22 Processed products made or derived from protected animals s 406 ins 2003 SL No. 375 s 22 Processed products made or derived from protected plants s 407 ins 2003 SL No. 375 s 22 Conservation officer may ask for evidence of source used s 408 ins 2003 SL No. 375 s 22 PART 10—GENERAL OFFENCES pt hdg sub 2003 SL No. 375 s 22 Using poison or adhesive substance in a way that may take protected animals s 409 ins 2003 SL No. 375 s 22 Interfering with animal breeding place s 410 ins 2003 SL No. 375 s 22 Feeding native animals in the wild generally s 411 ins 2003 SL No. 375 s 22 Feeding dangerous native animals in the wild s 412 ins 2003 SL No. 375 s 22 Disturbing dangerous native animals in the wild s 413 ins 2003 SL No. 375 s 22 Procedure for accidental taking of marine mammals and turtles s 414 ins 2003 SL No. 375 s 22 Procedure for taking protected sharks s 414A ins 2003 SL No. 376 s 5 Release of animals into the wild s 415 ins 2003 SL No. 375 s 22 Spreading or releasing particular parts of non-native plants s 416 ins 2003 SL No. 375 s 22

438 Nature Conservation Regulation 1994 Housing wildlife other than protected wildlife s 417 ins 2003 SL No. 375 s 22 Moving wildlife other than protected, international or prohibited wildlife into the State s 418 ins 2003 SL No. 375 s 22 PART 11—MISCELLANEOUS PROVISIONS pt hdg sub 2003 SL No. 375 s 22 Division 1—Seizure of property div 1 (s 419) ins 2003 SL No. 375 s 22 Division 2—Provisions about tags div hdg ins 2003 SL No. 375 s 22 Chief executive may supply tags for use by person s 420 ins 2003 SL No. 375 s 22 Nature of tags supplied by the chief executive s 421 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 56 Chief executive may recall tags s 422 ins 2003 SL No. 375 s 22 Using tags generally s 423 ins 2003 SL No. 375 s 22 sub 2005 SL No. 111 s 57 Tags not to be used by unauthorised person s 424 ins 2003 SL No. 375 s 22 Interfering with tags s 425 ins 2003 SL No. 375 s 22 Division 3—Conservation value for wildlife div hdg ins 2003 SL No. 375 s 22 Subdivision 1—Conservation values for protected wildlife sdiv hdg ins 2003 SL No. 375 s 22 Conservation value for protected wildlife s 426 ins 2003 SL No. 375 s 22 amd 2004 SL No. 116 s 10; 2005 SL No. 138 s 14; 2005 SL No. 152 s 12; 2005 SL No. 241 s 3; 2006 SL No. 164 s 14 Subdivision 2—Exemptions from payment of conservation value sdiv hdg ins 2003 SL No. 375 s 22 Exemption from payment of conservation value if taken under particular authorities s 427 ins 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 9 Exemption from payment of conservation value for protected scorpions or spiders s 428 ins 2003 SL No. 375 s 22

439 Nature Conservation Regulation 1994 Exemption from payment of conservation value for particular reptiles s 429 ins 2003 SL No. 375 s 22 Division 4—Stop action orders div 4 (ss 430–432) ins 2003 SL No. 375 s 22 PART 12—OFFENCES pt hdg om 2003 SL No. 375 s 22 PART 13—GENERAL pt hdg om 2003 SL No. 375 s 22 CHAPTER 4—GENERAL PROVISIONS ch hdg sub 2003 SL No. 375 s 22 PART 1—PROVISIONS ABOUT DEALING WITH SEIZED PROPERTY pt hdg sub 2003 SL No. 375 s 22 Application of pt 1 s 433 ins 2003 SL No. 375 s 22 Particular property must be destroyed s 434 ins 2003 SL No. 375 s 22 Receipt for other seized property s 435 ins 2003 SL No. 375 s 22 Return of claimed property s 436 ins 2003 SL No. 375 s 22 Dealing with unclaimed property s 437 ins 2003 SL No. 375 s 22 Application of proceeds of sale s 438 ins 2003 SL No. 375 s 22 Compensation not payable s 439 ins 2003 SL No. 375 s 22 PART 2—DEMERIT POINTS FOR PARTICULAR OFFENCES pt hdg sub 2003 SL No. 375 s 22 Demerit points s 440 ins 2003 SL No. 375 s 22 PART 3—PROVISIONS ABOUT RECORD BOOKS pt hdg sub 2003 SL No. 375 s 22 Application of pt 3 s 441 ins 2003 SL No. 375 s 22 Definitions for pt 3 s 442 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 58 Record books property of the State s 443 ins 2003 SL No. 375 s 22

440 Nature Conservation Regulation 1994 Where and for how long record book must be kept s 444 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 59 General information that must be included in record book s 445 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 60 When record particulars to be included in record book s 446 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 61 Additional information to be included for wildlife exhibitor licences s 447 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 62 Information must be complete, accurate and legible s 448 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 63 Requirement to produce or surrender record book s 449 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 64 Requirement to notify chief executive of loss etc. s 450 ins 2003 SL No. 375 s 22 sub 2005 SL No. 111 s 65 Persons must not interfere with record books s 451 ins 2003 SL No. 375 s 22 PART 4—PROVISIONS ABOUT RETURN OF OPERATIONS pt hdg ins 2003 SL No. 375 s 22 Application of pt 4 s 452 ins 2003 SL No. 375 s 22 Definitions for pt 4 prov hdg amd 2005 SL No. 111 s 66(1) s 453 ins 2003 SL No. 375 s 22 def “prescribed period” amd 2005 SL No. 111 s 66(2); 2005 SL No. 138 s 9 Form and nature of return of operations s 454 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 67 When return of operations must be given and the period for which they must be given s 455 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 68 Information must be complete, accurate and legible s 456 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 69

441 Nature Conservation Regulation 1994 Requirement about way and period for which return of operations must be kept s 457 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 70 Requirement to produce return of operations for inspection s 458 ins 2003 SL No. 375 s 22 Requirement to notify chief executive of loss etc. s 459 ins 2003 SL No. 375 s 22 Interfering with return of operations s 460 ins 2003 SL No. 375 s 22 PART 5—FEES pt hdg ins 2003 SL No. 375 s 22 Division 1—Fees payable div hdg ins 2003 SL No. 375 s 22 Fees generally s 461 ins 2003 SL No. 375 s 22 Additional fee for particular licences and permits s 462 ins 2003 SL No. 375 s 22 Reduced fee for particular land-holders s 463 ins 2003 SL No. 375 s 22 Reduced fee if royalty payable under another permit s 464 ins 2003 SL No. 375 s 22 Division 2—Exemptions div hdg ins 2003 SL No. 375 s 22 Exemption from fee for camping permit for particular persons s 465 ins 2003 SL No. 375 s 22 Exemption from fee for particular holders of recreational wildlife harvesting licence for lizards s 466 ins 2003 SL No. 375 s 22 Exemption from fee for particular wildlife farming licences s 467 ins 2003 SL No. 375 s 22 Exemption from fee permits to keep protected wildlife s 468 ins 2003 SL No. 375 s 22 Exemption from fee for particular collection authorities s 469 ins 2003 SL No. 375 s 22 Exemption from fee for recreational wildlife harvesting licence for protected plants that would be destroyed s 470 ins 2003 SL No. 375 s 22 Exemption from fee for recreational wildlife harvesting licence for whole protected plants that will be propagated and replanted s 471 ins 2003 SL No. 375 s 22

442 Nature Conservation Regulation 1994 Exemption from fee for recreational wildlife harvesting licence for protected plant parts that will be propagated and replanted s 472 ins 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 15 PART 6—OTHER GENERAL PROVISIONS pt hdg ins 2003 SL No. 375 s 22 Period for which particular documents must be kept s 473 ins 2003 SL No. 375 s 22 amd 2005 SL No. 111 s 71 Requirement to notify chief executive of particular matters s 474 ins 2003 SL No. 375 s 22 Prescribed class—Act, s 130 s 475 ins 2003 SL No. 375 s 22 Prescribed forest reserves for temporary continuation of beekeeping—Act, s 184 s 475A ins 2004 SL No. 316 s 31 sub 2006 SL No. 134 s 8 Prescribed forest reserves for temporary continuation of horse riding—Act, s 184A s 475B ins 2006 SL No. 134 s 8 Approved forms s 476 ins 2003 SL No. 375 s 22 CHAPTER 5—TRANSITIONAL PROVISIONS ch hdg sub 2003 SL No. 375 s 22; 2005 SL No. 138 s 16 PART 1—TRANSITIONAL PROVISIONS FOR NATURE CONSERVATION AND OTHER LEGISLATION AMENDMENT REGULATION (No. 3) 2003 pt hdg prev pt hdg om 2003 SL No. 375 s 22 pres pt hdg ins 2005 SL No. 138 s 16 Division 1—Definitions div hdg ins 2003 SL No. 375 s 22 Definitions for pt 1 prov hdg amd 2005 SL No. 138 s 17(1) s 477 ins 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 17(2) Division 2—Continuing force of particular authorities div hdg ins 2003 SL No. 375 s 22 Continuing force of particular existing licences s 478 ins 2003 SL No. 375 s 22 Continuing force of existing rescue permits s 479 ins 2003 SL No. 375 s 22 Division 3—Effect of commencement on particular applications in progress div hdg ins 2003 SL No. 375 s 22

443 Nature Conservation Regulation 1994 Applications in progress for particular licences s 480 ins 2003 SL No. 375 s 22 Applications in progress for rescue permits s 481 ins 2003 SL No. 375 s 22 Division 4—Effect of commencement on particular appeals div hdg ins 2003 SL No. 375 s 22 Definitions for div 4 s 482 ins 2003 SL No. 375 s 22 amd 2005 SL No. 138 s 18 Application of div 4 s 483 ins 2003 SL No. 375 s 22 Appeal to be decided under provisions before commencement s 484 ins 2003 SL No. 375 s 22 Effect of court decision to grant licence or permit s 485 ins 2003 SL No. 375 s 22 Effect of court decision to returns matter back to chief executive s 486 ins 2003 SL No. 375 s 22 Effect of court decision to not grant licence or permit s 487 ins 2003 SL No. 375 s 22 Division 5—References to rescue permits in Acts or documents div hdg ins 2003 SL No. 375 s 22 References to rescue permits s 488 ins 2003 SL No. 375 s 22 PART 2—TRANSITIONAL PROVISIONS FOR NATURE CONSERVATION AND OTHER LEGISLATION AMENDMENT REGULATION (No. 2) 2005 pt hdg prev pt hdg om 2003 SL No. 375 s 22 pres pt hdg ins 2005 SL No. 138 s 19 Division 1—Definitions div 1 (s 489) ins 2005 SL No. 138 s 19 Division 2—Transitional provisions for collection authorities to take and keep common wildlife div 2 (ss 490–495) ins 2005 SL No. 138 s 19 Division 3—References to particular collection authorities or wildlife in relevant authorities or other documents div 2 (ss 496–498) ins 2005 SL No. 138 s 19 PART 3—TRANSITIONAL pt hdg om 2003 SL No. 375 s 22 SCHEDULE 1—POWERS OF TRUSTEES OF CONSERVATION PARKS OR RESOURCES RESERVES sch hdg sub 1999 SL No. 279 s 3; 2002 SL No. 372 s 17

444 Nature Conservation Regulation 1994 PART 1—CONSERVATION PARKS pt hdg ins 1999 SL No. 279 s 3 sub 2002 SL No. 372 s 17 Anderson Street and Kamerunga Conservation Parks prov hdg sub 1997 SL No. 418 s 3(1) s 1 amd 1995 SL No. 352 s 82; 1997 SL No. 418 s 3(2) sub 1999 SL No. 279 s 3; 2002 SL No. 372 s 17 Bayview Conservation Park s 1A ins 2006 SL No. 118 s 13 Beachmere, Buckleys Hole, Byron Creek, Neurum Creek, Sheep Station Creek and Wararba Creek Conservation Parks prov hdg amd 2003 SL No. 177 s 12(1) s 2 ins 1997 SL No. 418 s 3(3) sub 1999 SL No. 279 s 3; 2002 SL No. 372 s 17 amd 2003 SL No. 177 s 12(1) Bukkulla Conservation Park s 3 ins 1997 SL No. 418 s 3(3) sub 1999 SL No. 279 s 3; 2002 SL No. 372 s 17 amd 2003 SL No. 177 s 12(2) Denmark Hill, Flinders Peak, Ipswich Pteropus, Mount Beau Brummell, White Rock and White Rock (Limited Depth) Conservation Parks prov hdg amd 2003 SL No. 177 s 12(3)–(4) s 4 ins 1997 SL No. 418 s 3(3) sub 1999 SL No. 279 s 3; 2002 SL No. 372 s 17 amd 2003 SL No. 177 s 12(3)–(4) Lake Broadwater Conservation Park s 5 ins 1997 SL No. 418 s 3(3) amd 1998 SL No. 36 s 17 sub 1999 SL No. 279 s 3; 2002 SL No. 372 s 17 Lark Quarry Conservation Park s 6 ins 1999 SL No. 279 s 3 sub 2002 SL No. 372 s 17 Mount Whitfield Conservation Park s 7 ins 1999 SL No. 279 s 3 sub 2002 SL No. 372 s 17 Springwood Conservation Park s 8 ins 2002 SL No. 372 s 17 PART 2—RESOURCES RESERVES pt hdg ins 1999 SL No. 279 s 3 sub 2002 SL No. 372 s 17 Blackbraes, Cudmore, Flat Top Range, Moonstone Hill and Stones Country Reserves s 9 ins 2002 SL No. 372 s 17

445 Nature Conservation Regulation 1994 SCHEDULE 2—TAKING FISH, INVERTEBRATE ANIMALS FOR USE AS BAIT AND MUD CRABS IN NATIONAL PARKS sub 1997 SL No. 436 s 87 amd 1998 SL No. 36 s 18; 2004 SL No. 317 s 14 SCHEDULE 3—PERMITTED USES IN PRESCRIBED NATIONAL PARKS sch hdg ins 1996 SL No. 283 s 12 sub 2001 SL No. 153 s 5 sch 3 (prev sch 2A) sub 2002 SL No. 372 s 18 amd 2003 SL No. 259 s 7; 2003 SL No. 330 s 10 renum 2003 SL No. 375 s 23 amd 2004 SL No. 197 s 3; 2005 SL No. 228 s 4; 2005 SL No. 290 s 9 Green Island National Park s 1 ins 1996 SL No. 283 s 12 om 2002 SL No. 372 s 18 Barron Gorge National Park s 2 ins 2000 SL No. 264 s 3 om 2002 SL No. 372 s 18 Goold Island National Park s 3 ins 2001 SL No. 36 s 3 om 2002 SL No. 372 s 18 Dularcha National Park s 4 ins 2001 SL No. 112 s 7 om 2002 SL No. 372 s 18 SCHEDULE 4—PERMITTED USES IN NATIONAL PARKS prev sch 4 sub 1995 SL No. 352 s 84(1) om 2003 SL No. 375 s 24 pres sch 4 (prev sch 2B) ins 2001 SL No. 153 s 6 renum 2003 SL No. 375 s 23 sub 2004 SL No. 197 s 4 Definition s 1 om 2003 SL No. 375 s 24 def “macropod” om 1995 SL No. 352 s 84(2) Application of schedule s 2 om 2003 SL No. 375 s 24 Museums and herbariums s 3 sub 1999 SL No. 335 s 52(1) om 2003 SL No. 375 s 24 Commercial wildlife licence s 4 amd 1999 SL No. 335 s 52(2) om 2003 SL No. 375 s 24

446 Nature Conservation Regulation 1994 Recreational wildlife, recreational wildlife (specialist) and international wildlife licences s 5 amd 1995 SL No. 352 s 84(3)–(5); 1997 SL No. 436 s 88(1)–(4) sub 1999 SL No. 335 s 52(3) om 2003 SL No. 375 s 24 Wildlife demonstrator licence s 6 amd 1995 SL No. 352 s 84(6)–(7) om 2003 SL No. 375 s 24 Wildlife exhibitor licence s 7 amd 1995 SL No. 352 s 84(8); 1997 SL No. 436 s 88(5); 1999 SL No. 335 s 52(2) om 2003 SL No. 375 s 24 Wildlife farming licence s 8 amd 1999 SL No. 335 s 52(2) om 2003 SL No. 375 s 24 Movement of live birds s 9 amd 1995 SL No. 352 s 84(9); 1997 SL No. 436 s 88(6)–(8); 1998 SL No. 36 s 19(1); 1999 SL No. 335 s 52(4)–(5) om 2003 SL No. 375 s 24 Movement of protected plants prov hdg sub 1995 SL No. 352 s 84(10) s 10 amd 1995 SL No. 352 s 84(11)–(12); 1995 SL No. 406 s 12; 1996 SL No. 72 s 19 sub 2000 SL No. 354 s 6 amd 2001 SL No. 112 s 8 om 2003 SL No. 375 s 24 Movement of live amphibians s 11 sub 1995 SL No. 352 s 84(13) om 2003 SL No. 375 s 24 Movement of live reptiles s 12 1995 SL No. 352 s 84(13) om 2003 SL No. 375 s 24 Movement of dead macropods s 13 om 2003 SL No. 375 s 24 Movement of other wildlife s 14 amd 1997 SL No. 436 s 88(9) om 2003 SL No. 375 s 24 Movement of wildlife by wholesalers s 15 amd 1995 SL No. 352 s 84(14)–(15) om 2003 SL No. 375 s 24 Movement advice to be given s 16 amd 1998 SL No. 36 s 19(2) om 2003 SL No. 375 s 24

447 Nature Conservation Regulation 1994 SCHEDULE 4A—EXEMPT CAPTIVE–BRED BIRDS sch hdg om 2003 SL No. 375 s 24 Scientific names s 1 ins 1997 SL No. 436 s 89 om 2003 SL No. 375 s 24 Birds s2 ins 1997 SL No. 436 s 89 amd 1998 SL No. 36 s 20; 1999 SL No. 335 s 53 om 2003 SL No. 375 s 24 SCHEDULE 5—MINIMUM FLYING HEIGHT OVER NATIONAL PARKS prev sch 5 om 2003 SL No. 375 s 24 pres sch 5 (prev sch 3) amd 1995 SL No. 352 s 83; 1996 SL No. 129 s 6 renum 2003 SL No. 375 s 23 Definitions s 1 om 2003 SL No. 375 s 24 Birds s2 om 2003 SL No. 375 s 24 Butterflies s 3 amd 1995 SL No. 352 s 85(1) om 2003 SL No. 375 s 24 Crocodiles s 4 om 2003 SL No. 375 s 24 Emus s5 amd 1995 SL No. 352 s 85(2); 1997 SL No. 436 s 90(1)–(2); 1998 SL No. 36 s 21 om 2003 SL No. 375 s 24 Macropods s 6 amd 1997 SL No. 436 s 90(3)–(6); 1998 SL No. 36 s 22 om 2003 SL No. 375 s 24 Plants s7 amd 1997 SL No. 436 s 90(7) om 2003 SL No. 375 s 24 Other protected animals s 8 amd 1996 SL No. 72 s 20; 1997 SL No. 436 s 90(8) om 2003 SL No. 375 s 24 SCHEDULE 6—PROCESSED PRODUCTS amd 1995 SL No. 352 s 86; 1995 SL No. 406 s 13; 1995 SL No. 408 s 4; 1996 SL No. 72 s 21; 1996 SL No. 129 s 7 sub 1996 SL No. 337 s 6 amd 1998 SL No. 36 s 23 sub 1999 SL No. 335 s 54 amd 1999 SL No. 335 s 55; 2000 SL No. 129 s 5; 2000 SL No. 354 s 7 sub 2001 SL No. 283 s 14

448 Nature Conservation Regulation 1994 amd 2002 SL No. 143 s 6 sub 2003 SL No. 137 s 10 amd 2003 SL No. 329 s 13 sub 2003 SL No. 375 s 24 Definitions for sch 6 s 1 def “export permit” om 2006 SL No. 203 s 211 Processed products made or derived from other protected animals s 6 prev s 6 om 2005 SL No. 111 s 72(1) pres s 6 (prev s 7) amd 2005 SL No. 138 s 9; 2005 SL No. 111 s 72(2) renum 2005 SL No. 111 s 72(3) Processed products made or derived from protected plants s 7 (prev s 8) renum 2005 SL No. 111 s 72(3) SCHEDULE 7—FEES amd 1996 SL No. 283 s 13 sub 2003 SL No. 375 s 24; 2004 SL No. 116 s 11 amd 2004 SL No. 316 s 32; 2005 SL No. 111 s 73; 2005 SL No. 138 s 9 sub 2005 SL No. 152 s 13 amd 2005 SL No. 241 s 4; 2006 SL No. 134 s 9 sub 2006 SL No. 164 s 15 Scientific names s 1 sub 1997 SL No. 436 s 91 om 2003 SL No. 375 s 24 Birds s2 sub 1997 SL No. 436 s 91 amd 1998 SL No. 36 s 24 om 2003 SL No. 375 s 24 SCHEDULE 8—DOMESTIC ANIMALS amd 1996 SL No. 283 s 14 sub 2003 SL No. 375 s 24 PART 1—BIRDS pt hdg sub 1997 SL No. 436 s 92 om 2003 SL No. 375 s 24 Scientific names s 1 sub 1997 SL No. 436 s 92 om 2003 SL No. 375 s 24 Birds s2 sub 1997 SL No. 436 s 92 amd 1998 SL No. 36 s 25 om 2003 SL No. 375 s 24 PART 2—REPTILES pt hdg om 2003 SL No. 375 s 24

449 Nature Conservation Regulation 1994 Scientific names s 3 sub 1995 SL No. 352 s 87 om 2003 SL No. 375 s 24 Reptiles s 4 om 2003 SL No. 375 s 24 SCHEDULE 8A—PLANTS FOR TRADE ins 1998 SL No. 362 s 7 om 2000 SL No. 2000 s 8 SCHEDULE 9—RELEVANT PROTECTED ANIMALS amd 1995 SL No. 352 s 88; 1996 SL No. 283 s 15 sub 2003 SL No. 375 s 24 amd 2005 SL No. 138 s 9–10 SCHEDULE 9A—PRESCRIBED FOREST RESERVES FOR TEMPORARY CONTINUATION OF BEEKEEPING ins 2004 SL No. 316 s 33 sub 2006 SL No. 134 s 10 SCHEDULE 9B—PRESCRIBED FOREST RESERVES FOR TEMPORARY CONTINUATION OF HORSE RIDING ins 2006 SL No. 134 s 11 SCHEDULE 10—DICTIONARY sub 1996 SL No. 72 s 22 amd 1996 SL No. 283 s 16 sub 2003 SL No. 375 s 24 def “accept” sub 2005 SL No. 111 s 74(1)–(2) def “apiary permit” ins 2004 SL No. 316 s 34 def “approved display purpose” sub 2005 SL No. 111 s 74(1)–(2) def “authorised buyer” sub 2005 SL No. 111 s 74(1)–(2); 2006 SL No. 203 s 212 def “authorised interstate seller” sub 2005 SL No. 111 s 74(1)–(2) def “authorised keeper in another country” ins 2006 SL No. 203 s 212(2) def “authorised keeper in another State” ins 2006 SL No. 203 s 212(2) def “authorised premises” sub 2005 SL No. 111 s 74(1)–(2) def “common amphibian” om 2005 SL No. 138 s 20(1) def “common animal” om 2005 SL No. 138 s 20(1) def “common plant” om 2005 SL No. 138 s 20(1) def “communications use” ins 2004 SL No. 197 s 5 def “conservation plan macropod” om 2005 SL No. 111 s 74(1) def “electricity distribution use” ins 2005 SL No. 228 s 5 def “export agreement” ins 2006 SL No. 203 s 212(2) def “export permit” sub 2006 SL No. 203 s 212 def “harvest macropod” ins 2005 SL No. 111 s 74(2) def “interact” sub 2005 SL No. 111 s 74(1)–(2) def “least concern amphibian” ins 2005 SL No. 138 s 20(2) def “least concern animal” ins 2005 SL No. 138 s 20(2) def “least concern plant” ins 2005 SL No. 138 s 20(2) def “macropod” ins 2005 SL No. 111 s 74(2) def “mobile facility” ins 2005 SL No. 111 s 74(2)

450 Nature Conservation Regulation 1994 def “movement” ins 2006 SL No. 203 s 212(2) def “near threatened animal” ins 2005 SL No. 138 s 20(2) def “near threatened plant” ins 2005 SL No. 138 s 20(2) def “nominated return retrieval system” ins 2005 SL No. 111 s 74(2) def “park designated for apiaries” ins 2004 SL No. 316 s 34 def “prescribed protected animal” ins 2006 SL No. 203 s 212(2) def “public land” sub 2005 SL No. 111 s 74(1)–(2) def “registration number” ins 2005 SL No. 111 s 74(2) def “relevant person” sub 2005 SL No. 111 s 74(1)–(2) amd 2005 SL No. 138 s 9 def “semitrailer” ins 2005 SL No. 111 s 74(2) def “shark” ins 2003 SL No. 376 s 6 def “special native animal” sub 2005 SL No. 111 s 74(1)–(2) def “temporary display” sub 2005 SL No. 111 s 74(1)–(2) def “truck” ins 2005 SL No. 111 s 74(2) SCHEDULE 11—RECREATIONAL WILDLIFE sch hdg amd 1996 SL No. 283 s 17 om 2003 SL No. 375 s 24 PART 1—BIRDS pt hdg sub 1997 SL No. 436 s 93 om 2003 SL No. 375 s 24 Scientific names s 1 sub 1997 SL No. 436 s 93 om 2003 SL No. 375 s 24 Birds s2 amd 1995 SL No. 352 s 89 sub 1997 SL No. 436 s 93 amd 1988 SL No. 36 s 26; 1999 SL No. 335 s 56 om 2003 SL No. 375 s 24 PART 2—REPTILES pt hdg om 2003 SL No. 375 s 24 Reptiles s 3 om 2003 SL No. 375 s 24 SCHEDULE 12—RESTRICTED WILDLIFE sch hdg amd 1996 SL No. 283 s 18(1) om 2003 SL No. 375 s 24 PART 1—AMPHIBIANS pt hdg om 2003 SL No. 375 s 24 Amphibians s 1 om 2003 SL No. 375 s 24 PART 2—BIRDS pt hdg sub 1997 SL No. 436 s 94 om 2003 SL No. 375 s 24

451 Nature Conservation Regulation 1994 Scientific names s 2 sub 1997 SL No. 436 s 94 om 2003 SL No. 375 s 24 Birds s3 amd 1995 SL No. 352 s 90(1)–(2); 1996 SL No. 72 s 23 sub 1997 SL No. 436 s 94 amd 1998 SL No. 36 s 27(1)–(6); 1999 SL No. 335 s 57 om 2003 SL No. 375 s 24 PART 3—PLANTS pt hdg sub 1997 SL No. 436 s 94; 2000 SL No. 354 s 9 om 2003 SL No. 375 s 24 Scientific names s 4 sub 1997 SL No. 436 s 94; 2000 SL No. 354 s 9 om 2003 SL No. 375 s 24 Type A restricted plants s 5 amd 1995 SL No. 352 s 90(3)–(7); 1995 SL No. 406 s 14; 1996 SL No. 283 s 18(2) sub 1997 SL No. 436 s 94 amd 1998 SL No. 36 s 27(7)–(8) sub 2000 SL No. 354 s 9 amd 2001 SL No. 112 s 9(1) om 2003 SL No. 375 s 24 Type B restricted plants s 6 (prev s 5A) ins 2000 SL No. 354 s 9 renum 2001 SL No. 112 s 9(2) om 2003 SL No. 375 s 24 PART 4—REPTILES Scientific names s 7 (prev s 6) sub 1995 SL No. 352 s 90(8) renum 2001 SL No. 112 s 9(2) om 2003 SL No. 375 s 24 Restricted reptiles s 8 (prev s 7) renum 2001 SL No. 112 s 9(2) om 2003 SL No. 375 s 24 SCHEDULE 13—SECTIONAL DEFINITIONS sch hdg amd 1996 SL No. 283 s 19 om 2003 SL No. 375 s 24 Meaning of “commercial activity” s 1 om 2003 SL No. 375 s 24 Meaning of “group activity” s 2 om 2003 SL No. 375 s 24

452 Nature Conservation Regulation 1994 General meaning of “licence” s 3 amd 1995 SL No. 352 s 91; 1997 SL No. 436 s 95; 1998 No. 36 s 13; 2001 SL No. 112 s 10 om 2003 SL No. 375 s 24 Meaning of “special activity” s 4 om 2003 SL No. 375 s 24 SCHEDULE 14—DICTIONARY sch amd 1995 SL No. 352 s 92; 1995 SL No. 406 s 15; 1996 SL No. 72 s 24; 1996 SL No. 283 s 20; 1997 SL No. 379 s 8; 1999 SL No. 286 s 4 sch 2; 1999 SL No. 335 s 58; 2000 SL No. 354 s 10; 2001 SL No. 215 s 6; 2002 SL No. 372 s 19; 2003 SL No. 82 s 9; 2003 SL No. 329 s 14 om 2003 SL No. 375 s 24 8 Information about retrospectivity Retrospective amendments that have been consolidated are noted in the list of legislation and list of annotations. Any retrospective amendment that has not been consolidated is noted in footnotes to the text. © State of Queensland 2006

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Nature Conservation Regulation 1994

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