Nature Conservation (Macropod Harvesting) Conservation Plan 1994
Nature Conservation (Macropod Harvesting) Conservation Plan
1994
QueenslandNatureConservationAct1992NATURECONSERVATION(MACROPODHARVESTING)CONSERVATIONPLAN1994Reprinted as in force on 20 December
1999(includes amendments up to SL No. 337 of
1999)Reprint No. 3A *This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
opyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2005 SL No. 112 s 118*Minor differences in style between
this reprint and another reprint with the same number are due to
theconversion to another software program. The
content has not changed.
Information about this reprintThis
plan is reprinted as at 20 December 1999.The reprint shows
the law as amended byall amendments that commenced on or
before that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes.Minor editorial changes allowed under the
provisions of the Reprints Act 1992 have beenmade to use
aspects of format and printing style consistent with current
drafting practice(s 35).This page is
specific to this reprint.See previous reprints for information
about earlierchanges made under the Reprints Act
1992.A table of earlier reprints is included in
theendnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.
s13s3Nature Conservation (Macropod
Harvesting)Conservation Plan 1994NATURE
CONSERVATION (MACROPODHARVESTING) CONSERVATION PLAN
1994[as amended by all amendments that commenced
on or before 20 December 1999]1Short
titleThisconservationplanmaybecitedastheNatureConservation(Macropod
Harvesting) Conservation Plan 1994.3Interpretation(1)In
this plan—“commercial wildlife licence”meansacommercialwildlifelicencefordead
macropods.“harvest period”means the period
for a species of macropod.1“licensee”means
a person who holds a commercial or recreational wildlifeharvesting licence for macropods.“macropod”means—(a)an eastern grey kangaroo (Macropus giganteus); or(b)a wallaroo (Macropus
robustus); or(c)a
whiptail wallaby (Macropus parryi); or(d)a red kangaroo (Macropus
rufus).“managementprogram”meanstheManagementProgramforCommercially taken Macropods in
Queensland.2“meat”includes flesh
and offal of a macropod.“regulation”means theNature Conservation Regulation 1994.“tag”means a tag
supplied by the chief executive.1Harvest periods are declared under section
6.2Themanagementprogramispublishedbythedepartmentandisavailableforinspection or purchase at the department’s
head office and regional offices.
s44s6Nature Conservation (Macropod
Harvesting)Conservation Plan 1994(2)An
expression that is not defined in this plan, but is defined in
theregulation, has the meaning given by the
regulation.4Application of s 121(2) of the
ActSection 121(2) (Plan replaces interim or
declared management intent) ofthe Act does not
apply to this plan.35Purpose of
conservation plan(1)The purpose of this plan is to provide
for the ecologically sustainableuseofmacropodsasarenewableresourceunderasystemoflicensingallowing the use
of macropods to be scientifically monitored.(2)This
plan is to be administered in conjunction with the
ManagementProgram for Commercially Taken Macropods in
Queensland.46Declaration of
harvest periods(1)Subject to section 73 of the Act, the
chief executive may, by writtennotice, declare a
harvest period for a macropod.5(2)Thenoticemaystateconditionsonthetakingofthemacropodincluding, for example, the size of the
macropod that may be taken and thepurpose for which
it may be taken.Example—The
notice may state that macropods may be taken for their skins only
or for both theircarcasses and skins.(3)Apersonwhotakesamacropodduringaharvestperiodforthemacropod must
comply with the conditions stated in the notice declaringthe
harvest period.Maximum penalty—120 penalty units.3The declared management intent in
theNature Conservation (Wildlife)
Regulation1994for macropods to which this plan
applies is not affected by the conservationplan.4This document is published by the
department and is available for inspection orpurchase at the
department’s head office and regional offices.5Section 73 of the Act sets out the
management principles for protected wildlife.
s75s9Nature Conservation (Macropod
Harvesting)Conservation Plan 19947Harvesting of macropods(1)If a
harvest period is declared for a macropod, a person who holds
acommercialorrecreationalwildlifeharvestinglicenceforthemacropodmay,
under this plan, take, keep or use the macropod in the harvest
period.(2)A person who takes a macropod under
this plan must ensure—(a)unused offal,
carcass or carcass waste is disposed of—(i)on
the land where the macropod is taken; and(ii)inaresponsibleway,havingregardtoanyspecificrequirements of the land-holder; and(b)no offal, carcass or carcass waste is
left on or in sight of a road.(3)In
this section—“use”includesskin,eviscerate,orremovethehead,tailorpawsofamacropod, but does not include
process.8Commercial use of harvested
macropodsIf a person who holds a commercial wildlife
harvesting licence takes amacropod under this plan, a holder of a
commercial wildlife licence fordead macropods may
keep or use the macropod.9Land-holder’s use
of harvested macropod(1)This section
applies if—(a)apersonwhoholdsacommercialwildlifeharvestinglicencetakes
a macropod under this plan on a land-holder’s land; and(b)the land-holder has the chief
executive’s written approval to usemeat from the
carcass of the macropod as bait for animal peststhat
are not protected wildlife.(2)The licensee may
make macropod meat available to the land-holderon whose land the
macropod is taken and the land-holder may keep and usethe
meat as bait.(3)Meat made available under subsection
(2) is a processed product forparagraph (b) of
the definition “protected animal” in section 7 of the
Act.
s
106s 11Nature
Conservation (Macropod Harvesting)Conservation Plan
199410Way of taking macropods under this
plan(1)Subject to subsection (3), a licensee
may take a macropod under thisplanonlyinthewayspecifiedintheCodeofPracticefortheHumaneShootingofKangaroos,approvedbytheAustralianandNewZealandEnvironment and Conservation Council.6(2)A licensee who
takes a macropod in contravention of subsection (1)commits an offence.Maximum
penalty—165 penalty units.(3)Thereferenceinschedule1ofthecodeto‘themuzzlevelocityof 975
m/sec(3200ft/sec)’istakentobeareferenceto‘themuzzlevelocity of 883 m/sec (2900 ft/sec).10A
Offence to muster or trap macropods to takeA licensee must
not muster or trap a macropod for the purpose of takingit.Maximum penalty—165 penalty
units.11Harvested macropods to be
tagged(1)Alicenseewhotakesamacropodunderthisplanmusttagthemacropod in
accordance with this section.(2)Thetagmustbeattachedtothemacropodbeforethefirstofthefollowing happens—(a)the
licensee stops shooting on the night the macropod is taken;(b)the licensee leaves the land where the
macropod is taken.(3)The tag must be attached in the
following way—(a)thread the arrow-tip of the tag
through a strip of the skin of themacropod;(b)insert the arrow-tip of the tag into
the socket at the other end ofthe tag and press
the arrow-tip into the socket until it is securelylocked in the socket and the skin of the
macropod.6AtthetimeofapprovalthecouncilwasknownastheCouncilofNatureConservation
Ministers.
s
127s 12Nature
Conservation (Macropod Harvesting)Conservation Plan
1994(4)If the tag is attached to the carcass
of—(a)amaleanimal—thetagmustbeattachedeitherbesidetheanimal’s penile sheath or through the
animal’s scrotal stalk; or(b)a female
animal—the tag must be attached in the animal’s neckor
butt.(5)If the tag is attached to the skin
of—(a)amaleanimal—thetagmustbeattachedeitherbesidetheanimal’s penile sheath or through the
animal’s scrotal stalk; or(b)a female
animal—the tag must be attached in the animal’s neck.(6)The licensee must ensure—(a)for the tagged skin of a male
macropod—enough of the penilesheath or scrotal
stalk remains securely attached to the skin toenable the
macropod’s sex to be decided; or(b)forthetaggedcarcassofamalemacropod—enoughofthescrotal stalk remains securely
attached to the carcass to enablethe macropod’s
sex to be decided; or(c)forthetaggedskinofafemalemacropod—enoughoftheurogenital opening or pouch material
remains securely attachedto the skin to enable the macropod’s
sex to be decided; or(d)forthetaggedcarcassofafemalemacropod—enoughpouchmaterial remains securely attached to the
carcass to enable themacropod’s sex to be decided.(7)Tagsmustbeattachedinincreasingnumericalorder,withmacropods of each sex and species tagged with
consecutive numbers.Maximum penalty—80 penalty units.12Sex remnant not to be removed(1)Apersonmustnotremoveasexremnantfromadeadmacropodwithout the chief
executive’s written permission.(2)Subsection (1) does not prevent the removal
of—(a)ifthepenilesheathisleftonthemacropod—themacropod’sscrotum; or
s
138s 15Nature
Conservation (Macropod Harvesting)Conservation Plan
1994(b)a sex remnant, at premises of a
commercial tannery specified in acommercial
wildlife licence for fleshing the skin of a macropod.Maximum penalty—80 penalty units.13When tag may be removedA tag
may be removed from a macropod at premises of a commercialtannery specified in a commercial wildlife
licence, for fleshing the skin of amacropod.14Grading of skins(1)This
section applies to a holder of a commercial wildlife licence
fordead macropods.(2)Thelicenseemustgradeamacropodskin(otherthanawhiptailwallaby skin) with
an area of—(a)less than 0.46 m2—as
small; or(b)0.46 m2or
more but not more than 0.65 m2—as
medium; or(c)more than 0.65 m2—as
large.(3)The licensee must grade a whiptail
wallaby skin with an area of—(a)0.32
m2or more but less than 0.46 m2—as medium; or(b)0.46
m2or more but not more than 0.65
m2—as large.Maximum penalty—80
penalty units.15Movement of macropods harvested under
a commercialwildlife harvesting licence(1)This section applies to a holder of a
commercial wildlife harvestinglicence who takes
a macropod in a harvest period.(2)The
licensee may only move the macropod—(a)to
the licensee’s usual place of residence or a place authorised
inwriting by the chief executive—for storage;
or(b)to premises specified in a commercial
wildlife licence for deadmacropods—for sale; or
s
169s 17Nature
Conservation (Macropod Harvesting)Conservation Plan
1994(c)toaQueenslandRaildepotforconsignmenttopremisesspecified in a
commercial wildlife licence for dead macropods.(3)The
licensee—(a)mustnotstoretaggedmacropodsataplaceotherthanthelicensee’s usual
place of residence without the chief executive’swritten permission; and(b)must
sell all skins and carcasses in sequentially tagged lots foreach
sex and species taken to a person who holds a commercialwildlife licence for dead macropods;
and(c)mustensureamacropodtakenforsaleissoldorotherwisedisposed of—(i)foramacropodtakenintheharvestperiodendingon31
December 1999—before 31 March 2000; or(ii)otherwise—beforetheendoftheharvestperiodforthemacropod.Maximum penalty—165 penalty units.16Movement of macropods harvested under
a recreationalwildlife harvesting licence(1)This section applies to a holder of a
recreational wildlife harvestinglicence who takes
a macropod in a harvest period.(2)The
licensee—(a)mustnotstoretaggedmacropodsataplaceotherthanthelicensee’s usual
place of residence without the chief executive’swritten permission; and(b)mustensureallskinsandcarcassesthelicenseetakesforpersonal use are used by the person
for personal use and are notdisposed of for
another purpose.Maximum penalty—165 penalty units.17Dealing with macropods taken in
contravention of plan(1)This section
applies to a holder of a commercial wildlife licence fordead
macropods.
s
1810s 19Nature
Conservation (Macropod Harvesting)Conservation Plan
1994(2)The licensee must not accept a dead
macropod—(a)taken in contravention of this
plan;7or(b)that
is not tagged; or(c)that is tagged in contravention of
this plan;8or(d)whose
sex remnants have been removed in contravention of thisplan.9Maximum penalty—165 penalty units.18Records—commercial wildlife harvesting
licence(1)Theholderofacommercialwildlifeharvestinglicenceformacropods must keep a record book.(2)An entry that, under the regulation,
must be made in the record bookmust be made
before the end of the day to which the entry relates.10(3)A person taking
or moving a macropod under a commercial wildlifeharvestinglicenceformacropodsmustkeeptherecordbookintheperson’s possession while taking or moving
the macropod.19Records—commercial wildlife
licence(1)Theholderofacommercialwildlifelicencemustkeeparecordbook.(2)An entry that, under the regulation,
must be made in the record bookmust be made
before the end of the day to which the entry relates.(3)If the holder of a commercial wildlife
licence is a corporation, theholder must, if
the premises stated in the licence are not being operated,keep
the record book at the corporation’s office in Queensland.7See section 10.8See
section 11.9See section 12.10See
section 258(1) and (3)(b)(i) of the regulation.
s
2011s 21Nature
Conservation (Macropod Harvesting)Conservation Plan
199420Returns(1)The
holder of a commercial wildlife harvesting licence must,
withinthe return period, give the chief executive a
return of operations for eachmonth of the
harvest period.11Maximum penalty—120 penalty
units.(2)The holder of a recreational wildlife
harvesting licence must, withinthe return period,
give the chief executive a return of operations for each3
months of the harvest period.Maximum
penalty—120 penalty units.(3)Theholderofacommercialwildlifelicencefordeadmacropodsmust,withinthereturnperiod,givethechiefexecutiveareturnofoperations for each week of the harvest
period.Maximum penalty—120 penalty units.(4)In this section—“return
period”means—(a)foramonthlyreturn—14daysaftertheendofthemonthtowhich
the return relates; or(b)for a quarterly
return—14 days after the end of each 3 months towhich
the return relates; or(c)for a weekly
return—7 days after the end of the week to whichthe
return relates.21Conservation valueNo conservation
value is payable for a macropod harvested under thisplan.11See section 259
of the regulation.
13Nature Conservation (Macropod
Harvesting)Conservation Plan 1994KeyExplanationprec=precedingpres=presentKeysubunnumExplanation=substituted=unnumbered4Table of earlier reprintsTABLE
OF EARLIER REPRINTS[If a reprint number includes a roman
letter, the reprint was released in unauthorised,electronic form only.]Reprint
No.123Amendments includednoneto SL
No. 282 of 1996to SL No. 361 of 1998Reprint
date20 January 19951 November
19964 March 19995Tables in earlier reprintsTABLES IN EARLIER REPRINTSName
of tableChanged names and titlesReprint
No.36List of
legislationNature Conservation (Macropod Harvesting)
Conservation Plan 1994 SL No. 476made by the
Governor in Council on 15 December 1994notfd gaz 16
December 1994 pp 1792–7ss 1–2 commenced on date of
notificationremaining provisions commenced 19 December
1994 (see s 2)exp 1 September 2005 (see SIA s 54)amending legislation—Nature
Conservation (Macropod Harvesting) Amendment Conservation Plan (No.
1)1996 SL No. 282notfd gaz 18
October 1996 pp 633–4commenced on date of
notificationNature Conservation (Macropod Harvesting)
Amendment Conservation Plan (No. 1)1998 SL No.
361notfd gaz 18 December 1998 pp 1551–7commenced on date of
notification
