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SR 2001 No. 327 Regulations as made
These Regulations amend the Environment Protection and Biodiversity Conservation Regulations 2000.
Administered by: DEW
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Made 06 Dec 2001
Registered 01 Jan 2005
Tabled HR 12 Feb 2002
Tabled Senate 12 Feb 2002
Gazetted 13 Dec 2001
Date of repeal 19 Mar 2014
Repealed by Environment (Spent and Redundant Instruments) Repeal Regulation 2014
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
18-Jun-2002
Expiry Date:
14-Jun-2005
House:
Senate
Details:
Full
Resolution:
Negatived
Resolution Date:
16-Sep-2002
Resolution Time:
Provisions:

Environment Protection and Biodiversity Conservation Amendment Regulations 2001 (No. 3)1

Statutory Rules 2001 No. 3272

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Environment Protection and Biodiversity Conservation Act 1999 and the Environment Protection and Biodiversity Conservation Amendment (Wildlife Protection) Act 2001.

Dated 6 December 2001

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

DAVID KEMP


1              Name of Regulations

                These Regulations are the Environment Protection and Biodiversity Conservation Amendment Regulations 2001 (No. 3).

2              Commencement

                These Regulations commence on 11 January 2002.

3              Amendment of Environment Protection and Biodiversity Conservation Regulations 2000

                Schedule 1 amends the Environment Protection and Biodiversity Conservation Regulations 2000.


Schedule 1        Amendments

(regulation 3)

  

[1]         After Division 8.2

insert

Division 8.3           Export and import of parts of cetaceans

8.13        Export of parts of cetaceans

                For subparagraph 238 (3) (d) (ii) of the Act, the export of a part of a cetacean is taken to be an export of a personal item if the Minister is satisfied that:

                (a)    the export is not of a kind mentioned in subparagraph 3 (a) or (b) of Article VII of CITES; and

               (b)    the part was previously imported as a personal item; and

                (c)    the part was given as a gift in a ceremony or as personal recognition; and

               (d)    the part is an element of an indigenous tradition; and

                (e)    the part is not part of a cetacean taken under a permit issued under Article VIII of the International Convention for the Regulation of Whaling done at Washington on 2 December 1946.

8.14        Import of parts of cetaceans

                For subparagraph 238 (3) (e) (ii) of the Act, the import of a part of a cetacean is taken to be an import of a personal item if the Minister is satisfied that:

                (a)    the import is not of a kind mentioned in subparagraph 3 (a) or (b) of Article VII of CITES; and

               (b)    the part was given as a gift in a ceremony or as personal recognition; and

                (c)    the part is an element of an indigenous tradition; and

               (d)    the part is not part of a cetacean taken under a permit issued under Article VIII of the International Convention for the Regulation of Whaling done at Washington on 2 December 1946.

[2]         After Part 9

insert

Part 9A               International movement of wildlife specimens

9A.01      Exchange of specimens

         (1)   For subsections 303CC (3), 303CD (5) and 303DD (4) of the Act, the Minister may determine that an export or import of a specimen is part of a registered, non‑commercial exchange of scientific specimens between scientific organisations only if:

                (a)    the specimen is lent, given or exchanged without monetary compensation; and

               (b)    the specimen is not a live animal; and

                (c)    the specimen was legally obtained; and

               (d)    for a CITES specimen:

                          (i)    each scientific organisation is registered with a relevant CITES authority; and

                         (ii)    if one of the scientific organisations is in a country that is not a party to CITES — the CITES Secretariat certifies that the organisation meets the standards for registration with a relevant CITES authority; and

                (e)    the specimen is identified by a label, attached to the package containing the specimen, that sets out the following information:

                          (i)    the name and address of each scientific organisation;

                         (ii)    the registration codes, given by a relevant CITES authority or the Department, for each scientific organisation;

                        (iii)    the scientific name, common name and a description of the specimen;

                        (iv)    for a CITES specimen — the Appendix to CITES in which the species to which the specimen belongs is mentioned; and

                (f)    each organisation, other than an organisation mentioned in paragraph (d):

                          (i)    meets the standards mentioned in subregulation (2) or is listed in the Index Herbariorum; and

                         (ii)    has given to the Minister a statement certifying that it complies with subparagraph (i); and

               (g)    the scientific organisation that exports the specimen is based in the country from which the specimen is exported.

Note   The Index Herbariorum is a joint project of the International Association for Plant Taxonomy and The New York Botanical Garden. It can be searched on the Internet at http://websun.nybg.org/bsci/ih/.

         (2)   For subparagraph (1) (f) (i), the standards are the following:

                (a)    its collections of animal or plant specimens, and records of them, are permanently housed and professionally curated;

               (b)    its specimens are accessible to all qualified users, including those from other institutions;

                (c)    its accessions are properly recorded in a permanent catalogue;

               (d)    it keeps permanent records for loans and transfers of specimens to other institutions;

                (e)    it acquires specimens primarily for research that is to be reported in scientific publications;

                (f)    its specimens are prepared, and collections are arranged, in a way that ensures their utility;

               (g)    it keeps accurate data on specimen labels, permanent catalogues and other records;

               (h)    it acquires and keeps specimens in accordance with the laws of the jurisdiction in which it operates;

                (i)    its specimens of species mentioned in Appendix I to CITES are permanently and centrally housed under its direct control and managed in a way that prevents the use of the specimens for decoration, trophies or other purposes incompatible with the principles of CITES.

9A.02      Export of personal or household effects

                For subsection 303CC (6) of the Act, an export of a specimen mentioned in Schedule 4A is taken to be an export of a personal or household effect if:

                (a)    the export is not of a kind mentioned in subparagraph 3 (a) or (b) of Article VII of CITES; and

               (b)    trade in that kind of specimen will not have an adverse effect on the conservation status of a species or ecosystem; and

                (c)    the specimen is for the personal use of the exporter; and

               (d)    the export is reasonably appropriate for the purpose of the exporter’s journey.

9A.03      Import of personal or household effects

                For subsection 303CD (3) of the Act, an import of a specimen mentioned in Schedule 4B is taken to be an import of a personal or household effect if:

                (a)    the import is not of a kind mentioned in subparagraph 3 (a) or (b) of Article VII of CITES; and

               (b)    no export permit is required in the country where the specimen was taken from the wild; and

                (c)    the specimen is personally owned by the importer; and

               (d)    the import of the specimen is reasonably appropriate for the purpose of the importer’s journey.

9A.04      Import of CITES II specimens

                For paragraph 303CD (4) (c) of the Act:

                (a)    all species, mentioned in Appendix II to CITES, in the following taxa are specified:

                          (i)    Order Falconiformes (birds of prey);

                         (ii)    Order Strigiformes  (birds of prey);

                        (iii)    Sub-family Lutrinae (otters);

                        (iv)    Family Felidae (cats);

                         (v)    Family Ursidae (bears);

                        (vi)    Genus Arctocephalus (seals); and

               (b)    the following species are specified:

                          (i)    Ammotragus lervia (Barbary sheep);

                         (ii)    Bison bison athabascae (wood bison);

                        (iii)    Cephalophus jentinki (Jentink’s duiker);

                        (iv)    Equus zebra hartmannae (Hartmann’s mountain zebra);

                         (v)    Hippopotamus amphibius (hippopotamus);

                        (vi)    Kobus leche (lechwe);

                       (vii)    Ovis canadensis (bighorn or mountain sheep).

9A.05      Welfare of live specimens

         (1)   This regulation sets out conditions for the following paragraphs of the Act:

                (a)    303CG (3) (c);

               (b)    303DG (4) (b);

                (c)    303EN (3) (e);

               (d)    303FN (3) (c);

                (e)    303FO (3) (f).

         (2)   This regulation applies to a live animal of a species in the following classes:

                (a)    Mammalia (mammals);

               (b)    Amphibia (amphibians);

                (c)    Reptilia (reptiles);

               (d)    Aves (birds).

         (3)   For paragraphs 303CG (3) (c), 303DG (4) (b) and 303EN (3) (e), the conditions are as follows:

                (a)    the animal is prepared and transported in a way that is known to result in minimal stress, risk of injury and adverse effect on the health of the animal;

               (b)    the person receiving the animal is suitably equipped to manage, confine and care for the animal, including meeting the behavioural and biological needs of the animal.

         (4)   For paragraphs 303FN (3) (c) and 303FO (3) (f) of the Act, the conditions are as follows:

                (a)    the animal is taken, transported and held in a way that is known to result in minimal stress and risk of injury to the animal;

               (b)    if the animal is killed, it is done in a way that is generally accepted to minimise pain and suffering.

Note 1   Code of Practice for the Humane Shooting of Kangaroos, second edition, 1990, published by Environment Australia, applies to the shooting of an animal of a species in the Macropodidae family.

Note 2   Code of Practice for Capture, Handling, Transport and Slaughter of Brush Possums (Trichosurus vulpecula), 1997, published by the Animal Welfare Advisory Committee, Tasmania, applies to live trappings of brush possums in Tasmania.

9A.06      Register of applications and decisions

         (1)   For paragraphs 303CK (1) (a), 303DJ (1) (a) and 303EQ (1) (a) of the Act, the prescribed particulars of applications, for each specimen for which an application is made, are:

                (a)    a description of the specimen; and

               (b)    if a category mentioned in subsection 178 (1) of the Act applies to the specimen — that category; and

                (c)    if the specimen is a member of a species mentioned in an Appendix to CITES — that Appendix; and

               (d)    whether the specimen is to be imported or exported; and

                (e)    whether the specimen is alive or dead.

         (2)   For paragraphs 303CK (1) (b), 303DJ (1) (b) and 303EQ (1) (b) of the Act, the prescribed particulars are:

                (a)    the sections of the Act under which the decisions are made; and

               (b)    what the decisions are.

9A.07      Application for amendment of list of specimens suitable for live import

                For subsection 303EE (1) of the Act, an application must:

                (a)    be in writing; and

               (b)    be in the form, if any, approved by the Minister; and

                (c)    identify the taxon to which the specimen belongs.

9A.08      Publication of specifications

                For paragraph 303EG (2) (b) of the Act, a specification must be published on the Internet on the Department’s website.

9A.09      Export or import for the purposes of research

                For paragraphs 303FC (1) (d) and (2) (d) of the Act, the following conditions are specified:

                (a)    the research is done by a person or institution that has sufficient resources and qualifications;

               (b)    the researcher publishes, or makes available for inspection, the results of the research in the country where the research is done;

                (c)    if asked by the Minister, the researcher gives to the Minister written information about the progress and results of the research;

               (d)    during and after the research, the researcher does not allow the specimen, or progeny or products of the specimen, to be used for commercial purposes;

                (e)    for research involving a live animal, the animal is held in a way that is known to result in minimal stress and risk of injury to the animal;

                (f)    in the case of research in which an animal is killed, the killing is done in a way that is generally accepted to minimise pain and suffering;

               (g)    the number of specimens to be imported or exported is appropriate to the needs of the research;

               (h)    if possible, the specimen comes from a captive animal or artificially propagated plant.

9A.10      Export or import for the purposes of education

                For paragraphs 303FD (1) (c) and (2) (c) of the Act, the following conditions are specified:

                (a)    the specimen will be used for education or training by a private or public institution that has a primary function of educating or training enrolled or registered participants;

               (b)    the specimen will not be used for commercial purposes after it is no longer needed for education or training by the institution;

                (c)    the specimen is not needed for conservation breeding or propagation by the exporting country;

               (d)    if possible, the specimen comes from a captive animal or an artificially propagated plant;

                (e)    for education or training involving a live animal, the animal is held in a way that is known to result in minimal stress and risk of injury to the animal;

                (f)    in the case of education or training in which an animal is killed, the killing is done in a way that is generally accepted to minimise pain and suffering;

               (g)    for a live export of a koala, platypus, wombat or Tasmanian devil, or an animal of an eligible listed threatened species, the exporter, the importer and the Department enter into an agreement about the treatment and disposal of the animal and any progeny of the animal.

9A.11      Export or import for the purposes of exhibition

                For paragraphs 303FE (1) (c) and (2) (c) of the Act, the following conditions are specified:

                (a)    the exhibition presents information with a cultural, scientific or conservation content;

               (b)    if the specimen is a live animal, it does not belong to a CITES I species;

                (c)    the specimen is not used for commercial purposes after it is no longer needed for an exhibition by the institution;

               (d)    the specimen is not needed for conservation breeding or propagation by the exporting country;

                (e)    if possible, the specimen comes from a captive animal or artificially propagated plant;

                (f)    for a live export of a koala, platypus, wombat or Tasmanian devil, or an animal of an eligible listed threatened species, the exporter, the importer and the Department enter into an agreement about the treatment and disposal of the animal and any progeny of the animal.


 

9A.12      Export or import for conservation breeding or propagation

         (1)   For paragraphs 303FF (1) (c) and (2) (c) of the Act, a program is taken to be an approved cooperative conservation program if the Minister tells a participant in the program in writing that the Minister is satisfied that:

                (a)    the program’s objectives are based on the conservation status and conservation needs of the species of which the specimen is a member; and

               (b)    it is operated in a way that:

                          (i)    applies best practice to the management of husbandry, genetics, biology and behavioural needs of the species to which the specimen belongs; and

                         (ii)    is not detrimental to the survival of the species in the wild; and

                (c)    it is operated with the intent of conserving the species (in the wild or in captivity, or both); and

               (d)    it does not allow a specimen, used in the program, to be used for commercial purposes; and

                (e)    it takes into account the conservation breeding or propagation needs of each country from which specimens are imported; and

                (f)    a specimen is removed from the program only in accordance with the program’s objectives; and

               (g)    a specimen is not moved between institutions within the program, or out of the program, in a way that is detrimental to other conservation programs or activities; and

               (h)    for a live export of a koala, platypus, wombat or Tasmanian devil, or an animal of an eligible listed threatened species, the exporter, the importer and the Department enter into an agreement about the treatment and disposal of the animal and any progeny of the animal.

         (2)   A participant in a breeding or propagation program may apply to the Minister in writing for a decision under subregulation (1), and must include with the application enough information for the Minister to decide whether the program has taken into account the views of:

                (a)    authorities in the States, Territories or countries where the relevant species occurs naturally; and

               (b)    international organisations that are concerned with the conservation status and needs of that species.

         (3)   For the purpose of deciding whether a program’s objectives are based on the conservation status and conservation needs of a species, the Minister may take into account the views of bodies mentioned in paragraphs (2) (a) and (b).

         (4)   If the Minister ceases to be satisfied of any of the matters mentioned in subregulation (1):

                (a)    the Minister must tell the person who applied under subregulation (2) in relation to the program, or any other person nominated by the person who so applied, in writing, of that fact; and

               (b)    at that time the program ceases to be an approved cooperative conservation program.

9A.13      Export or import of household pets

         (1)   For paragraphs 303FG (1) (c) and (2) (d) of the Act, the conditions are that:

                (a)    the exporter:

                          (i)    has owned and kept the animal as a household pet; and

                         (ii)    is leaving Australia or an external Territory with the intention of taking up permanent residence in another country; and

                        (iii)    has been ordinarily resident in Australia or an external Territory; and


 

               (b)    if the animal is mentioned in the list established under subsection 303FG (4) of the Act, other than Melopsittacus undulatus (budgerigars) and Nymphicus hollandicus (cockatiels), not more than 3 animals are being exported.

         (2)   For paragraph 303FG (3) (a) of the Act, the importer must have owned and kept the animal as a household pet.

9A.14      Export or import of personal items

                For paragraphs 303FH (1) (c) and (2) (c) of the Act, the conditions are that the specimen:

                (a)    is not:

                          (i)    a CITES I specimen; or

                         (ii)    an object of trade; and

               (b)    for an export — is personally owned by the exporter; and

                (c)    for an import — is personally owned by the importer.

9A.15      Export or import for the purposes of a travelling exhibition

                For paragraphs 303FI (1) (b) and (2) (b) of the Act, the conditions are that:

                (a)    the travelling exhibition presents information with a cultural, scientific or conservation content; and

               (b)    if the specimen is a live animal, it is not a CITES I specimen; and

                (c)    if the specimen was imported for the purposes of a travelling exhibition, it and any progeny produced after the import are subsequently exported; and

               (d)    if the specimen was exported for the purposes of a travelling exhibition, it and any progeny produced after the export are subsequently imported.

9A.16      Approved captive breeding programs

         (1)   For subsection 303FK (1) of the Act, a program is taken to be an approved captive breeding program if the Minister tells the operator of the program in writing that the Minister is satisfied that each animal bred under the program is bred in captivity.

         (2)   A person may apply in writing to the Minister to make a decision for subregulation (1) about a program.

         (3)   The application must include enough information for the Minister to decide whether each live animal bred under the program is bred in captivity.

         (4)   The Minister may:

                (a)    ask the applicant for more information; and

               (b)    refuse to consider the application until the Minister receives the information requested.

         (5)   If the Minister decides that he or she is satisfied that each animal bred under the program is bred in captivity, the applicant must allow the Minister to inspect the breeding records for the program and any other information about the program that the Minister considers to be relevant to deciding whether live animals are bred in captivity under the program.

         (6)   If the Minister ceases to be satisfied that each animal bred under the program is bred in captivity:

                (a)    the Minister may tell the operator in writing of that fact; and

               (b)    if the Minister does so, at that time the program ceases to be taken to be an approved captive breeding program.


 

9A.17      Approved CITES-registered captive breeding programs

         (1)   For subsections 303FK (2) and (3) of the Act, a program is taken to be an approved CITES-registered captive breeding program if it is registered with the CITES Secretariat as a captive breeding program.

         (2)   A person may apply in writing to the Minister for the Minister to apply to the CITES Secretariat to register an Australian-based captive breeding program.

         (3)   The application must include enough information for the Minister to decide whether:

                (a)    each live animal bred under the program is bred in captivity; and

               (b)    the program meets the CITES requirements for a CITES-registered captive breeding program.

         (4)   If the Minister is satisfied that the criteria mentioned in subregulation (3) are met, the Minister may apply to the CITES Secretariat to register the program.

         (5)   The Minister must tell the applicant in writing about:

                (a)    any decision by the Minister not to apply to the CITES Secretariat to register the program; and

               (b)    any decision, of which the CITES Secretariat tells the Minister, about whether to register the program.

         (6)   If the CITES Secretariat registers the program, the applicant must allow the Minister to inspect the breeding records for the program and any other information about the program that the Minister considers to be relevant to deciding whether the program continues to meet the CITES requirements for a CITES-registered captive breeding program.

         (7)   If the Minister thinks that a program no longer meets the requirements for a CITES-registered captive breeding program, the Minister may ask the CITES Secretariat to cancel the registration.

9A.18      Approved artificial propagation programs

         (1)   For section 303FL of the Act, a program is taken to be an approved artificial propagation program if the Minister tells the operator of the program in writing that the Minister is satisfied that each live plant propagated under the program is artificially propagated.

         (2)   A person may apply in writing to the Minister to make a decision for subregulation (1) about a program.

         (3)   The application must include enough information for the Minister to decide whether each live plant propagated under the program is artificially propagated.

         (4)   The Minister may:

                (a)    ask the applicant for more information; and

               (b)    refuse to consider the application until the Minister receives the information requested.

         (5)   If the Minister decides that he or she is satisfied that each live plant propagated under the program is artificially propagated, the applicant must allow the Minister to inspect the propagation records for the program and any other information about the program that the Minister considers to be relevant to deciding whether live plants are artificially propagated under the program.

         (6)   If the Minister ceases to be satisfied that each live plant propagated under the program is artificially propagated:

                (a)    the Minister may tell the operator in writing of that fact; and

               (b)    if the Minister does so, at that time the program ceases to be taken to be an approved artificial propagation program.

9A.19      Approved aquaculture programs

         (1)   For section 303FM of the Act, a program is taken to be an approved aquaculture program if the Minister is satisfied that, under the program:

                (a)    no further environmental authorisation, within the meaning given by subsection 43A (2) of the Act, is necessary to allow the action to be taken lawfully; and

               (b)    collection, for breeding, of aquaculture species will not have an adverse effect on the conservation status of a species or ecosystem; and

                (c)    environmental impacts are considered before aquaculture specimens may be released.

         (2)   If the Minister is satisfied about the matters mentioned in subregulation (1) for a program, the Minister must tell the operator of the program in writing.

         (3)   If the Minister ceases to be satisfied about any of those matters:

                (a)    the Minister may tell the operator in writing of that fact; and

               (b)    if the Minister does so, at that time the program ceases to be taken to be an approved aquaculture program.

9A.20      Wildlife trade operations and management plans

         (1)   For paragraph 303FN (10) (a) of the Act, an operation is taken to be a market-testing operation if:

                (a)    the number of specimens to be exported is restricted; and

               (b)    the markets to be tested are clearly defined; and

                (c)    the means of measuring success of the market testing is explained; and

               (d)    it is reasonably likely that the market could be supplied without adversely affecting the conservation status of the taxon concerned.

         (2)   For paragraph 303FN (10) (b) of the Act, an operation is taken to be a small-scale operation if it has a low impact on the survival or conservation status of a taxon to which the operation relates, particularly because, for the taxon:

                (a)    a small area is harvested; or

               (b)    the number of participants is small; or

                (c)    the number of specimens harvested is small.

         (3)   For paragraph 303FN (10) (c) of the Act, an operation is taken to be a developmental operation if:

                (a)    it is not a market-testing operation; and

               (b)    it:

                          (i)    is not a small-scale operation; or

                         (ii)    is planned to expand beyond a small-scale operation; and

                (c)    it collects data and develops monitoring programs for the development of a wildlife trade management plan; and

               (d)    the industry to which the plan relates does not, or is not likely to, adversely affect the conservation status of the taxon to which the operation relates.

         (4)   For paragraph 303FN (10) (f) of the Act, an existing stocks operation is specified.

         (5)   For subregulation (4), an existing stocks operation is an operation that has the following characteristics:

                (a)    the relevant specimens were taken from the wild before the applicant sought approval of the operation as an approved wildlife trade operation;

               (b)    the taking of the specimens was lawful at the time it happened;

                (c)    the areas from which the specimens were taken are areas from which an approved wildlife trade operation or an approved or accredited wildlife trade management plan permits the taking of specimens of the same kind;

               (d)    the operation will not contribute to trade that is detrimental to the conservation of the taxon concerned.

9A.21      Approved commercial import programs

         (1)   For section 303FU of the Act, a program is taken to be an approved commercial import program if the Minister is satisfied that:

                (a)    the trade in specimens of the kind imported is not detrimental to the survival of the taxon to which the specimen belongs; and

               (b)    appropriate levels of management are in place to monitor and manage the trade.

         (2)   In making a decision under subregulation (1), the Minister must consider:

                (a)    any advice given under subparagraph 2 (a) of Article IV of CITES; and

               (b)    whether the program ensures that:

                          (i)    there is reasonable control over the amount of harvesting and trading, for example by setting limits or quotas; and

                         (ii)    illegal trade is detected and minimised; and

                        (iii)    population and trade are monitored.

Note for paragraph (a)

Subparagraph 2 (a) of Article IV of CITES provides for a scientific authority to advise that the export of a specimen of a species will not be detrimental to the survival of the species.

         (3)   The Minister must keep a register of approved commercial import programs and make it available for inspection on the Internet on the Department’s website.

9A.22      Records

                For paragraph 303GR (1) (a) of the Act, a record of the change in possession of a thing seized under the Act must be:

                (a)    in writing; and

               (b)    dated; and

                (c)    signed by an inspector.

9A.23      Forms

                For section 303GU of the Act, a person arriving in Australia or an external Territory must complete a form that includes the following information:

                (a)    flight number of the aircraft or name of the ship on which the person arrived;

               (b)    date of arrival;

                (c)    whether the persons covered by the form have wildlife products in their possession or within their baggage;

               (d)    the person’s signature.

9A.24      Breeding in captivity

         (1)   For section 527B of the Act, a live animal is taken to have been bred in captivity if:

                (a)    for an animal that is reproduced sexually — its parents transferred gametes, by mating or otherwise, in a controlled environment; and

               (b)    for an animal that is reproduced asexually — its parents were in a controlled environment when the animal began to develop; and

                (c)    the breeding stock from which the animal is bred:

                          (i)    is established in a way that is not detrimental to the survival of the species in the wild; and

                         (ii)    is maintained without the introduction of specimens (including eggs or gametes) from the wild, other than to ensure ongoing genetic viability or to dispose of animals that have been confiscated, seized, rescued or removed from the wild for public health or safety; and


 

                        (iii)    has produced offspring of at least the second generation, or is managed in a way that has been demonstrated to be capable of reliably producing second-generation offspring in a controlled environment.

Example for subparagraph (c) (ii)

Large crocodile taken from a populated area.

         (2)   For this regulation, a controlled environment is an environment that:

                (a)    is managed to produce animals of a particular species; and

               (b)    has boundaries that are designed to prevent animals, eggs or gametes of the species from entering or leaving; and

                (c)    provides for artificial life support that may include, for example, artificial housing, temperature control, waste removal, health care, protection from predators and artificially supplied food.

9A.25      Artificial propagation

         (1)   For section 527C of the Act, the circumstances mentioned in this regulation are those in which propagation constitutes artificial propagation.

         (2)   A live plant is artificially propagated if it is grown from a seed, cutting, division, callus or other plant tissue, spore or other propagule under controlled conditions.

         (3)   The parental stock of the plant must be:

                (a)    established in a way that is not detrimental to the survival of the species in the wild; and

               (b)    managed in a way that ensures its long-term genetic viability.

         (4)   A seed is artificially propagated if:

                (a)    the specimen from which the seed is taken was artificially propagated; or

               (b)    it is taken from parental stock that is grown under controlled conditions.

         (5)   A part or derivative of a live plant is artificially propagated only if it is taken from a live plant that is artificially propagated in accordance with this regulation.

         (6)   A grafted plant is artificially propagated only if the root-stock and the graft are artificially propagated in accordance with this regulation.

         (7)   In this regulation:

controlled conditions means an artificial environment that:

                (a)    is intensively managed by human intervention, for example by tillage, fertilisation, weed control, irrigation, or nursery operations such as potting, bedding or protection from weather; and

               (b)    produces selected species or hybrids.

[3]         After paragraph 17.01 (a)

insert

              (aa)    by the Minister under the following provisions of the Act:

                          (i)    section 303DG;

                         (ii)    section 303EN;

                        (iii)    section 303GD; and

[4]         Paragraph 17.02 (2) (g)

omit

details

insert

for a permit, other than a permit to which paragraph 17.01 (aa) applies — details

[5]         Regulation 17.04

substitute

17.04      Content of permits

         (1)   A permit must:

                (a)    be in writing; and

               (b)    state:

                          (i)    the provision of the Act or these Regulations for which it is issued; and

                         (ii)    the activity that is permitted; and

                        (iii)    when the permit expires; and

                        (iv)    the conditions subject to which it is issued.

         (2)   A permit, other than a permit to which paragraph 17.01 (aa) applies, must state the Commonwealth area where the activity may be carried out.

         (3)   A permit to which paragraph 17.01 (aa) applies must state the name and address of the person to whom the permit is issued.

[6]         Subregulation 17.07 (1)

substitute

         (1)   For paragraphs 17.02 (2) (i) and 17.03 (2) (c), and paragraphs 17.11 (3) (c) and (5) (f), the offences are the following:

                (a)    offences under the Act or these Regulations;

               (b)    offences under any other law of the Commonwealth about the protection, conservation or management of native species or ecological communities;

                (c)    offences under section 6, 7, or 7A, or subsection 86 (1), of the Crimes Act 1914 in relation to an offence referred to in paragraph (a) or (b);

               (d)   offences under a law of a State or Territory about the protection, conservation or management of native species or ecological communities;

                (e)   offences, in relation to a law referred to in paragraph (d), under a provision of a law of a State or Territory that is equivalent to a provision mentioned in paragraph (c), or to section 11.1, 11.4 or 11.5 of the Criminal Code.

Note 1   Sections 6, 7 and 7A of the Crimes Act 1914 relate respectively to accessories to an offence, attempts to commit an offence and inciting the commission of an offence; section 86 of that Act relates to conspiracy to commit an offence.

Note 2   Section 11.1 of the Criminal Code relates to attempt; section 11.4 of the Code relates to incitement to commit an offence; and section 11.5 to conspiracy to commit an offence. Under section 11.6 of the Code, a reference in a law of the Commonwealth to an offence includes the offences created by sections 11.1, 11.4 and 11.5. For offences of complicity and common purpose, and the commission of an offence by means of an innocent agency, see sections 11.2 and 11.3 of the Code.

[7]         Paragraph 17.09 (3) (a)

after

paragraph 17.01 (a)

insert

or (aa)

[8]         After paragraph 17.11 (3) (a)

insert

              (aa)    for a permit to which paragraph 17.01 (aa) applies — the permit is given to the Minister; and

[9]         After subregulation 18.02 (3)

insert

         (4)   For Part 1B of Schedule 11, if more than 1 permit is needed for the export or import of a consignment of specimens, the total fee payable is the highest amount payable for any of the permits.

[10]      Subparagraph 18.04 (e) (ii)

omit

activity.

insert

activity; and

[11]      After paragraph 18.04 (e)

insert

                (f)    if:

                          (i)    the permit is issued under section 303CG, 303DG, 303EN or 303GD of the Act; and

                         (ii)    the applicant is the Commonwealth, a Commonwealth agency, a State or a Territory or an authority or agency of a State or a Territory.

[12]      After regulation 19.01

insert

19.01A   Delegation

         (1)   The Minister may, by signed instrument, delegate any or all of his or her powers (except this power of delegation) or functions under these Regulations to an employee in the Department.

         (2)   A delegate of the Minister is, in the exercise or performance of a delegated power or function, subject to the directions of the Minister.

         (3)   The Secretary may, by signed instrument, delegate any or all of his or her powers (except this power of delegation) or functions under these Regulations to an employee in the Department.

         (4)   A delegate of the Secretary is, in the exercise or performance of a delegated power or function, subject to the directions of the Secretary.

         (5)   The Director may, by sealed instrument, delegate any or all of his or her powers (except this power of delegation) or functions under these Regulations to a person.

         (6)   A delegate of the Director is, in the exercise or performance of a delegated power or function, subject to the directions of the Director.

[13]      After regulation 20.06

insert

20.07      Requirement for assessments

                For subitem 82 (1) of Schedule 1 to the Environment Protection and Biodiversity Conservation Amendment (Wildlife Protection) Act 2001:

                (a)    a proposal by the Minister under paragraph 9B (1) (aa) of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 is taken to comply with section 303EF of the Act if:

                          (i)    it relates to the amendment of Schedule 6 to that Act to include a new species; and

                         (ii)    it includes an assessment of the potential impact on the environment of the proposed amendment; and

                        (iii)    the Designated Authority and the Minister have complied with section 9B of that Act; and

               (b)    participation of State and Territory Ministers under section 78 of that Act on a proposal to amend Schedule 6 to that Act is taken to be consultation under paragraph 303EC (3) (b) of the Act.

20.08      Consultation undertaken under section 9B of the Wildlife Protection (Regulation of Exports and Imports) Act 1982

                If before this regulation commenced the Minister was considering a proposal:

                (a)    to declare a program as an approved management program under section 10 of the Wildlife Protection (Regulation of Exports and Imports) Act 1982; or

               (b)    to declare specimens to be controlled specimens under section 10A of that Act;

consultation undertaken by the Minister that complies with section 9B of that Act is taken to comply with section 303FR of the Act.

20.09      Certain trading in shells of native molluscs

                Until 30 June 2003, to the extent that an operation trades in specimens of shells of native molluscs declared to be controlled specimens by the declaration made by the Minister on 3 June 1998, the operation is taken, for subregulation 9A.20 (4), to be an existing stocks operation.

Note   The declaration was published in the Gazette of 17 June 1998.

[14]      After Schedule 4

insert

Schedule 4A      Export of CITES specimens

(regulation 9A.02)

          1    Manufactured product of Crocodylus porosus or  Crocodylus johnstoni that is an eligible commercial purpose export and is carried as part of personal baggage

          2    Moulted feathers

Schedule 4B      Import of CITES specimens

(regulation 9A.03)

          1    Manufactured product of Crocodylus porosus or Crocodylus johnstoni that is an eligible commercial purpose export, was exported in accordance with Schedule 4A without a permit, and is carried as part of personal baggage

          2    American ginseng (Panax quinquefolia) harvested in the USA, carried as part of personal baggage

[15]      Schedule 11, after Part 1

insert

Part 1A   Paragraph 17.01 (aa)

1A.01

Action to which subsection 303CG (2) of the Act applies, involving:

 

 

 

 

 

(a)  export or re-export of a manufactured CITES II specimen as a personal or household effect

$1

nil

nil

 

 

(b)  1 action, other than  described in paragraph (a), (d) or (e)

$30

nil

nil

 

 

(c)  more than 1 action

$75 each 6 months

nil

nil

 

 

(d)  export of a household pet in accordance with section 303FG of the Act

$150

nil

nil

 

 

(e)  import or export of a live specimen, if the Act requires assessment of conditions applicable to welfare of the specimen and conditions not previously assessed

$150

nil

nil

 

1A.02

Action to which subsection 303DG (2) of the Act applies, involving:

 

 

 

 

 

(a)  multiple export of

       non-living specimens of species of Macropus or Thylogale

$75 each 6 months and $60 each expected export

nil

nil

 

 

(b)  1 action, other than  described in paragraph (d) or (e)

$30

nil

nil

 

 

(c)  more than 1 action, other than  described in paragraph (a)

$75 each 6 months

nil

nil

 

 

(d)  export of a household pet in accordance with section 303FG of the Act

$150

nil

nil

 

 

(e)  import or export of live specimen, if the Act requires assessment of conditions applicable to welfare of the specimen and conditions not previously assessed

$150

nil

nil

 

1A.03

Action to which subsection 303EN (2) of the Act applies, involving:

 

 

 

 

 

(a)  1 action, other than described in paragraph (c)

$30

nil

nil

 

 

(b)  more than 1 action

$75 each 6 months

nil

nil

 

 

(c)  import or export of a live specimen, if the Act requires assessment of conditions applicable to welfare of the specimen and conditions not previously assessed

$150

nil

nil

 

1A.04

Action to which subsection 303GB (2) of the Act applies

$150

nil

nil

 

1A.05

Action to which subsection 303GC (3) of the Act applies

nil

nil

nil

 

1A.06

Action to which subsection 303GD (6) of the Act applies

$150

nil

nil

 

[16]      Dictionary, after definition of ARPNS Regulations

insert

artificially propagated — see Act, section 527C.

[17]      Dictionary, after definition of bow-ride

insert

bred in captivity — see Act, section 527B.

[18]      Dictionary, after definition of cetacean

insert

CITES — see Act, section 528.

CITES I specimen­ — see Act, section 528.

CITES II specimen­ — see Act, section 528.

CITES specimen­ — see Act, section 528.

[19]      Dictionary, after definition of contact details

insert

country — see Act, section 528.

[20]      Dictionary, after definition of explosive

insert

export, for a cetacean — see Act, section 528.

[21]      Dictionary, after definition of indigenous person

insert

indigenous tradition — see Act, subsection 201 (4).

[22]      Dictionary, after definition of listed threatened species

insert

live animal — see Act, section 528.

live plant — see Act, section 528.

[23]      Dictionary, after definition of prescribed waters

insert

progeny — see Act, section 528.

[24]      Dictionary, after definition of Register of critical habitat

insert

relevant CITES authority — see Act, section 303BC.

[25]      Dictionary, after definition of species

insert

specimen — see Act, section 528.

[26]      Dictionary, after definition of sustainable utilisation

insert

taxon — see Act, section 528.

[27]      Dictionary, after definition of whale watching

insert

wildlife — see Act, section 528.


Notes

1.       These Regulations amend Statutory Rules 2000 No. 181, as amended by 2001 Nos. 179 and 306.

2.       Notified in the Commonwealth of Australia Gazette on 13 December 2001.