Exhibited Animals Protection Regulation 1995



Part 1 Preliminary
1   Name of Regulation
This Regulation may be cited as the Exhibited Animals Protection Regulation 1995.
2   Commencement
This Regulation commences on 1 September 1995.
3   Definitions
In this Regulation:
authorised premises means premises to which an authority relates, including any land occupied by the holder of the authority for, or in connection with, the exhibition of animals in accordance with the authority.
authority means a licence, an approval under section 22 of the Act or a permit.
cetacea display establishment has the meaning it has in section 34 of the Act.
drive-through area means any part of an animal display establishment in which there is exhibited an animal and through which the public may be permitted to drive motor vehicles without being separated from the animal by a fence, moat or cage forming part of the establishment.
enclosure includes a cage or other structure in which an exhibited animal is kept or is treated for illness or injury.
fence includes a wall or other barrier.
licensed premises means premises to which a licence relates.
minor establishment means premises, not being a temporary establishment, at which no more than 30 animals are exhibited.
permit animal means an animal of a species set out in Schedule 2.
pet shop means premises in which animals are kept primarily for sale as pets in the course of a trade, business or profession.
temporary establishment means premises occupied by temporary or movable structures used for one or more of the purposes referred to in section 22 (2) of the Act.
cl 3: Am 13.9.1996.
Part 2 Animal display establishments
4   Exemptions from licensing requirements
For the purposes of section 4 (1) of the Act, an animal display establishment is exempt from the requirement to be licensed if the only animals exhibited at the establishment are freshwater fish that are kept:
(a)  in a decorative or landscaped pond or ponds of any size, or
(b)  in an aquarium that has a capacity of less than 2,000 litres or aquaria that have a total capacity of less than 2,000 litres.
5   Exhibitions exempted from the operation of the Act
For the purposes of paragraph (c) of the definition of exhibit in section 5 (1) of the Act, it is declared that the display, or keeping for display, of an animal in the following circumstances does not constitute an exhibition of the animal for the purposes of the Act:
(a)  that the animal is a free-living animal in its natural habitat,
(b)  if the animal is in an enclosed area—that it is in a wild state and does not depend on human interaction for its welfare or upkeep,
(c)  that the animal is a lawful captive and is part of a competitive display of household pets,
(d)  that the animal is part of a competitive display of domestic farm animals,
(e)  that the animal is a domestic farm animal being used to demonstrate the acquisition of wool, milk or other produce of a living animal,
(f)  that the animal is of domestic hoof-stock and is performing, or is to perform, in an event at a rodeo,
(g)  that the animal is a lawful captive that is not displayed or kept for display, to the public,
(h)  that the animal is displayed, or kept for display, in accordance with the authority conferred by a licence in force under the National Parks and Wildlife Act 1974,
(i)  that the animal is displayed, or kept for display, in the course of carrying on the business of animal research, or in the course of carrying out animal research, without contravening the Animal Research Act 1985,
(j)  that the animal, being an animal of a species listed in Schedule 3 and not being an animal kept pursuant to a permit or at a licensed animal display establishment, is an animal used only for riding or racing,
(k)  that the animal is kept in a pet shop for display and not for sale,
(l)  that the animal, being an animal of a species listed in Schedule 4 and not being an animal kept pursuant to a permit or at a licensed animal display establishment, is displayed:
(i)  at an agricultural show or show parade conducted by the Royal Agricultural Society or a society that is a member of the Agricultural Societies Council, or
(ii)  at an agricultural field day conducted on a farm or showground, or
(iii)  on the farm on which the animal is kept,
(m)  that the animal, being an animal of a species listed in Schedule 4, and not being an animal kept pursuant to an approval or permit or at a licensed animal display establishment, is displayed, or kept for display, for the purposes of promoting an agricultural product derived from that species of animal and:
(i)  the animal is one of no more than 10 animals displayed, or kept for display, for this purpose at any one time, and
(ii)  any display lasts for no more than 2 days at a time and is conducted at least 5 days after any previous display of the animal, and
(iii)  the animal is displayed near a display of the relevant agricultural product or shortly before or after such a display, and
(iv)  the person who normally cares for the animal attends the animal for the duration of any display,
(n)  that the animal is a fish that is kept (otherwise than in a habitat display) at:
(i)  a fish hatchery, or
(ii)  a fish farm,
for the purpose of:
(iii)  commercial food production, or
(iv)  re-stocking of lakes, dams or waterways.
cl 5: Am 13.9.1996; 8.6.2001.
6   Zoological parks
For the purposes of the definition of zoological park in section 5 (1) of the Act, an educational, cultural, scientific or recreational purpose is a prescribed purpose.
7   Classes of animal display establishments
(1)  For the purposes of section 12 of the Act, the prescribed classes of animal display establishments are:
(a)  cetacea display establishments, and
(b)  animal display establishments other than temporary establishments, and
(c)  minor establishments.
(2)  For the purposes of section 13 of the Act, the classes of animal display establishments are:
(a)  those prescribed by subclause (1), and
(b)  temporary establishments, and
(c)  zoological parks established, maintained or controlled by the board.
8   Standards for animal display establishments
(1)  For the purposes of section 14 of the Act, the requirements in any general standards for exhibiting animals approved and published by the Director-General from time to time apply as standards prescribed for animal display establishments of the classes prescribed by clause 7 (2).
(2)  For the purposes of sections 14 and 25 of the Act, the standards set out in the following publications approved and published by the Director-General from time to time apply as standards prescribed for the purposes of sections 14 and 25 of the Act:
Standards for Exhibiting Koalas (Phascolarctos cinereus) in New South Wales
Standards for Exhibiting Bottle-nosed Dolphins (Tursiops truncatus) in New South Wales
Standards for Exhibiting Captive Raptors in New South Wales
Standards for Exhibiting Captive Macropods (Kangaroos, Wallabies and Allies) in New South Wales
Standards for Exhibiting Carnivores in New South Wales.
(3)  The Director-General may, at the request of a person who is the applicant for or holder of an authority that relates to:
(a)  an animal display establishment that was in existence before 9 June 1989, or
(b)  the exhibition of an animal that was exhibited by the person before that time,
vary any standard otherwise applicable under this clause to the establishment or the exhibition of the animal by the person.
(4)  If a standard is varied under this clause, the standard applicable to the establishment or exhibition of the animal concerned is the standard as so varied.
(5)  It is a condition of an authority that the exhibition of animals to which it relates must be in accordance with such of the standards referred to in this clause as are applicable in relation to the authority.
9   Conservation education by animal display establishments
For the purposes of sections 14 and 25 of the Act, an animal display establishment is to provide education to the public concerning the conservation of animals to a standard approved by the Director-General.
10   Exhibitions of species of animals that require permits
The species of animals prescribed for the purposes of sections 24 and 25 of the Act are those set out in Schedule 2.
Part 3 Authorities
Division 1 General
11   Application for issue, renewal or variation of authority
(1)  An application for the issue, renewal or variation of an authority (other than a licence to be issued under section 18 of the Act following an approval under that section) or for the transfer of a licence:
(a)  must be made in writing in the form approved by the Director-General for the purposes of the application, and
(b)  must be accompanied by any supporting documents referred to in the approved form and by the relevant fee or fees, and
(c)  in the case of an application for renewal—must be lodged with the Director-General during the month of May that last precedes expiration of the authority.
(2)  An application for a renewal of an authority that complies with subclause (1) operates to renew the authority unless:
(a)  the Director-General notifies the holder of the authority that renewal of the authority has been refused, or
(b)  the application has been deemed to be refused by operation of section 27 (4) of the Act.
(3)  An application for renewal of an authority is not required and subclause (2) has effect as if such an application had been made in compliance with subclause (1) if:
(a)  the authority first takes effect during May or June, and
(b)  the fee or fees for renewal of the authority is or are paid before the next succeeding 1 July.
(4)  If the Director-General considers that an application for an authority is based principally on scientific grounds, the Director-General must, before making his or her decision on the application, seek the views of persons who, in the opinion of the Director-General, are qualified to assist in reaching that decision.
(5)  If investigation of an application for an authority discloses that the authority, if issued, would authorise the keeping in captivity of an animal that, in the opinion of the Director-General, could be successfully kept only with difficulty, the Director-General must not issue the authority unless the applicant provides the Director-General with a certificate by a person approved by the Director-General to the effect that all the requirements for commencing the proper keeping of the animal have been complied with.
(6)  The Director-General must not issue a licence unless:
(a)  the applicant has, to the satisfaction of the Director-General, completed a course of study of a kind approved by the Director-General concerning the requirements of the Act and this Regulation, and
(b)  the applicant understands, to the satisfaction of the Director-General, the requirements of the Act and this Regulation.
(7)  An application is not required for a licence to be issued under section 18 (4) of the Act.
12   Fees
(1)  The fee for the lodgment of an application of a class specified in the Table to this clause is the lodgment fee specified opposite that class of application.
(2)  The fee for the issue of an authority following an application of a class specified in the Table to this clause is the issue fee specified opposite that class of application.
(3)  Despite subclause (2), if an authority issued by the Director-General is to take effect during a named month other than July, the applicant is to pay the same proportion of the full fee payable under subclause (2) for that authority as is borne to 12 by the number of named months that will elapse before the next succeeding July.
(4)  In this clause:
minor exhibitor means a person who exhibits no more than 30 animals.
Table
Application for
Lodgment fee
Issue fee
Licence under section 18 of the Act
$200
$250 for minor establishments, otherwise $900
Renewal of licence under section 18 of the Act
$100
$250 for minor establishments, otherwise $900
Approval under section 22 of the Act
$200
$250 for minor exhibitors, otherwise $900
Renewal of approval under section 22 of the Act
$100
$250 for minor exhibitors, otherwise $900
Permit under section 24 of the Act
$20 per species
nil if applicant holds current licence or approval, $250 if the applicant is a minor exhibitor, otherwise $900
Renewal of permit under section 24 of the Act
nil if applicant holds current licence or approval, otherwise $20 per species
nil if applicant holds current licence or approval, $250 if the applicant is a minor exhibitor, otherwise $900
Approval under section 19 of the Act
$40
nil
Transfer of licence under section 27 of the Act
$200
$250 for minor establishments, otherwise $900
Variation of authority under section 27 of the Act
$20
nil
cl 12: Am 13.9.1996.
cl 12, tbl: Subst 13.9.1996.
13   Duration of authority
For the purposes of section 29, an authority remains in force (unless it is earlier cancelled and except during any period of suspension) until:
(a)  in the case of an authority other than a renewed authority—1 July following the date on which the authority commences, or
(b)  in the case of a renewed authority—1 July following the date on which the renewed authority commences.
14   Appeals
(1)  An aggrieved person may appeal to the Minister under section 32 of the Act by lodging with the Minister, within 28 days after service on the person of written notice of the decision appealed against, a notice of appeal that complies with subclause (2).
(2)  To comply with this subclause, a notice of appeal must:
(a)  be signed by or on behalf of the appellant, and
(b)  identify the decision appealed against, and
(c)  state the grounds of the appeal, and
(d)  state any directions the appellant desires the Minister to give if the appeal is upheld.
(3)  The Minister must do the following before making a decision on an appeal:
(a)  give the Director-General an opportunity to make submissions in relation to the appeal, and
(b)  take any such submissions into account.
(4)  The time within which an aggrieved person may appeal under section 33 of the Act to a Local Court is 28 days after service on the person of written notice of the decision appealed against.
Division 2 Conditions
15   Australasian Species Management Program
A permit authorising the exhibition of an animal of a species referred to in Schedule 2 may include a condition requiring the holder to participate in the Australasian Species Management Program of the Species Management Co-ordinating Council.
16   Controlled breeding from stock
A licence or permit is subject to a condition requiring the holder to engage in a program of controlled breeding from the animals to which the licence or permit relates unless such a program:
(a)  would adversely affect the welfare of the progeny because of budgetary or space constraints, or
(b)  would add to an existing surplus of the species, or
(c)  would not be in accordance with the Australasian Species Management Program referred to in clause 15, or
(d)  in the opinion of the Director-General, would not, for any other reason, be in the best interests of the species or an individual animal.
17   Insurance
An authority is subject to a condition requiring the holder to maintain insurance approved by the Director-General against any liability of the holder, or of a servant or agent of the holder, for death, injury or damage caused by an animal exhibited by the holder or by such an animal that has escaped and has not returned to the wild.
17A   Exhibition of animals at circuses etc
It is a condition of every approval under Division 2 of Part 3 of the Act authorising the exhibition of an animal at a circus that the animal will be kept and exhibited in accordance with the Standard for Exhibiting Circus Animals in New South Wales approved and published by the Director-General.
cll 17A: Ins 13.9.1996.
18   Imposition of terms and conditions by the Director-General
(1)  Terms or conditions of an authority may be imposed by the Director-General under section 28 (1) (c) of the Act after the issue of the authority:
(a)  at the request of the holder of the authority, or
(b)  otherwise than at the request of the holder of the authority if subclause (3) has been complied with by the Director-General before imposition of the term or condition.
(2)  A term or condition of an authority that is specified under section 28 (1) (b) of the Act in the authority when it is issued, or that is imposed by the Director-General under section 28 (1) (c) of the Act after it is issued, may be varied by the Director-General if the decision to make the variation is made after subclause (3) has been complied with.
(3)  This subclause is complied with if:
(a)  the Director-General gives the holder of the authority written notice that the Director-General is considering the imposition or variation of terms or conditions specified in the notice, and
(b)  the notice states that the holder of the authority may, within a specified time, make written representations to the Director-General or arrange with the Director-General for the making of oral representations, and
(c)  before making any decision in relation to a term, or condition or variation under consideration, the Director-General takes into account any such representations.
Part 4 Offences
19   Display of authority
The holder of an authority must cause the authority to be at all times publicly displayed in a prominent position on the authorised premises.
Maximum penalty: 5 penalty units.
20   Veterinary drugs
(1)  The holder of an authority must ensure that veterinary drugs, vaccines and like products kept on the authorised premises are so kept in a manner that allows access to them only by a registered veterinarian or a person authorised by a registered veterinarian.
Maximum penalty: 10 penalty units.
(2)  A person other than a registered veterinarian must not, except as directed by a registered veterinarian, administer a drug or vaccine to an animal that is exhibited on authorised premises.
Maximum penalty: 5 penalty units.
21   Notification of outbreak of disease
The holder of an authority must notify the Director-General of any widespread outbreak of a debilitating or fatal disease among the animals on the authorised premises and must do so not later than 24 hours after discovery of the outbreak.
Maximum penalty: 5 penalty units.
22   Disposal of unwanted veterinary equipment
A person disposing of unwanted or contaminated veterinary equipment from authorised premises must do so in such a way that the equipment does not become a danger to any person.
Maximum penalty: 10 penalty units.
23   Tethering of animals
(1)  A person must not chain or tether an exhibited animal to an anchorage except for the purposes of veterinary treatment or grooming.
Maximum penalty: 5 penalty units.
(2)  Subclause (1) does not apply:
(a)  to elephants or domesticated hoof-stock that are not on display, or
(b)  to raptors if the applicable standards are observed.
24   Dangerous or unsuitable housing
(1)  If the Director-General (or an inspector) considers that an exhibited animal is caged or otherwise housed in conditions that threaten human safety or are unsuitable for the animal, the Director-General (or the inspector) may direct the exhibitor of the animal:
(a)  to remove the animal to a cage or other housing approved by the Director-General (or the inspector), or
(b)  to modify the cage or housing in a specified way within a specified time, or
(c)  to demolish the cage or housing within a specified time.
(2)  An exhibitor of an animal who is given a direction under subclause (1) must comply with the direction.
Maximum penalty—subclause (2): 10 penalty units.
25   Exhibition of unconfined animal
The exhibitor of an animal in contact with the public must so supervise and control it as to prevent injury to the public or to the animal.
Maximum penalty: 10 penalty units.
26   Safety in drive-through area
(1)  The exhibitor of a dangerous animal kept in a drive-through area must cause admission of a motor vehicle to the area to be refused unless the persons in the vehicle are enclosed within a solid structure forming part of the vehicle.
(2)  While a person is inside a drive-through area, the exhibitor of a dangerous animal in the area must cause:
(a)  a suitable vehicle to be immediately available to rescue an endangered person, whether or not by towing or lifting a vehicle containing the endangered person, and
(b)  continuous observation to be maintained over the entire area, and
(c)  a suitably trained and armed member of the staff of the animal display establishment that includes the area, to be immediately available to kill or sedate an animal in order to save human life or prevent injury.
Maximum penalty: 10 penalty units.
(3)  In this clause:
dangerous animal means:
(a)  an animal of a species (such as tigers, lions and bears) whose members ordinarily pose a significant risk of death or injury to the public, or
(b)  an animal that, because of its particular disposition, health or other condition, poses a significant risk of death or injury to the public.
27   Escape of animal
(1)  An exhibitor of a permit animal must immediately notify the Director-General if the animal escapes from the authorised premises.
(2)  If a permit animal escapes from an enclosure within authorised premises but not from the premises, the permit holder must notify the Director-General of the escape immediately and on recapture of the animal.
(3)  If an animal other than a permit animal escapes from authorised premises, or from an enclosure within authorised premises but not from the premises, the holder of the authority must notify the Director-General of the escape within 48 hours of the escape.
(4)  The holder of an authority must make all reasonable efforts to recover, alive or dead, an exhibited animal that escapes.
Maximum penalty: 10 penalty units.
28   Venomous animals
An exhibitor of an animal that is venomous to human beings must:
(a)  if a suitable antiserum exists, at all times have an appropriate supply of the antiserum available at the place of exhibition of the animal or at the nearest hospital, and
(b)  maintain an emergency plan for the treatment of a person poisoned by the animal.
Maximum penalty: 5 penalty units.
29   Reporting of injuries to people
The holder of an authority must immediately report to the Director-General any incident involving:
(a)  the death of a person, or
(b)  injury to a person that requires medical treatment,
caused by an animal to which the authority relates.
Maximum penalty: 10 penalty units.
30   Noisy construction and maintenance work
An exhibitor of animals must take such steps as are necessary to alleviate any undue distress or disturbance of the animals resulting from the noise of construction or maintenance work being carried on by or on behalf of the exhibitor.
Maximum penalty: 5 penalty units.
31   Acquisition and disposal of animals
The holder of an authority must not:
(a)  acquire an animal for exhibition knowing that the transaction is with a person who, by acquiring the animal, committed an offence under the National Parks and Wildlife Act 1974 or the Non-Indigenous Animals Act 1987, or
(b)  dispose of an exhibited animal to a person who, by acquiring the animal, would commit an offence under either of those Acts, or
(c)  except in the case of an animal listed in Schedule 1—without the consent of the Director-General, acquire an animal for exhibition or dispose of an exhibited animal.
Maximum penalty: 10 penalty units.
32   Removal of exhibited animal
(1)  The holder of a licence for an animal display establishment must not, without the written consent of the Director-General, keep an exhibited animal, or permit such an animal to be kept, outside the animal display establishment in which it is ordinarily exhibited.
Maximum penalty: 5 penalty units.
(2)  The holder of an authority must not remove an animal from the authorised premises unless an appropriate application for the consent of the Director-General to the removal of the animal was made:
(a)  at least 7 days before the proposed removal, or
(b)  by agreement with the Director-General, at a later time,
and the Director-General has given his or her written consent to the removal of the animal.
Maximum penalty: 10 penalty units.
(3)  Subclauses (1) and (2) do not apply in relation to an animal if:
(a)  it is being taken to, or returned from, the premises of a registered veterinarian, or
(b)  it is being kept on the premises of a registered veterinarian for treatment or observation, or
(c)  it is being transported to give effect to its lawful disposition or acquisition.
(4)  In this clause:
appropriate application means a written application stating, in relation to the animal to which it relates:
(a)  the kind of animal, and
(b)  its destination, and
(c)  the method of transporting it, and
(d)  in the case of a temporary removal (such as for advertising)—the arrangements for the safety of the public in its vicinity, and
(e)  in the case of a temporary removal—the way in which the animal will be used and the duration of that use, and
(f)  the number and qualifications of the staff responsible for the animal while it is being transported and, in the case of a temporary removal, during its absence.
33   Exemption from requirements concerning acquisition, disposal and removal of animals
(1)  The holder of an authority is exempt from the requirements of clause 31 (c) and 32 (2) if the holder of the authority:
(a)  has, to the satisfaction of the Director-General, completed an animal exhibitor’s accreditation course of a kind specified by the Director-General, and
(b)  holds a current certificate of exemption issued by the Director-General for the purposes of this subclause, and
(c)  complies with any conditions to which the certificate of exemption is subject.
(2)  The Director-General may, by notice in writing, cancel a certificate of exemption issued under this clause if the person to whom the certificate is issued fails to comply with the requirements of the Act, this Regulation or the conditions to which the certificate is subject.
34   Animal records
(1)  In this clause:
relevant period, in relation to an authority, means:
(a)  the period that begins when the authority first takes effect and ends on the next succeeding 30 April, and
(b)  each period of 12 months that commences on 1 May and succeeds the period referred to in paragraph (a).
(2)  The holder of an authority must, at all times during each relevant period while the authority is in force, keep on the authorised premises animal records in a form approved by the Director-General.
Maximum penalty: 10 penalty units.
(3)  As soon as practicable after information required to keep the animal records up-to-date becomes available to the holder of an authority, the holder must cause the information to be entered in the animal records.
Maximum penalty: 10 penalty units.
(4)  The holder of an authority must not:
(a)  fail to notify the Director-General within 7 days after the loss of, or after any damage to, the animal records, or
(b)  make an entry, or allow an entry to be made, in the animal records:
(i)  if the records are in a written or printed form—otherwise than in ink, or
(ii)  if the records are stored in electronic form—otherwise than in a manner approved by the Director-General, or
(c)  delete an erroneous entry in the animal records, or allow such an erroneous entry to be deleted:
(i)  if the records are in written or printed form—otherwise than by drawing a single line through the entry, or
(ii)  if the records are stored in electronic form—otherwise than in a manner approved by the Director-General.
Maximum penalty: 5 penalty units.
(5)  A person must not, in any way, knowingly cause the animal records to be false or misleading in a material particular.
Maximum penalty: 10 penalty units.
(6)  The holder of an authority making application for its renewal must lodge with the application the animal records required to be kept during the relevant period for the authority that last preceded the application.
Maximum penalty: 10 penalty units.
(7)  The former holder of the authority must, not later than 14 days after expiration of an authority, lodge with the Director-General the animal records the former holder was required to keep:
(a)  during the relevant period for the authority that expired on the last preceding 30 April, and
(b)  during the relevant period for the authority that commenced on the last preceding 1 May.
Maximum penalty: 10 penalty units.
(8)  If an authority is suspended, surrendered or cancelled, the holder, or former holder, of the authority must:
(a)  within 14 days after the surrender, or
(b)  within 14 days after being notified of the suspension or cancellation,
lodge with the Director-General the animal records the holder, or former holder, was required to keep during the relevant period for the authority that commenced on 1 May last preceding the surrender, suspension or cancellation.
Maximum penalty: 10 penalty units.
35   Other records
(1)  An exhibitor of animals must maintain, in a manner approved by the Director-General, an up-to-date record of:
(a)  any illness, disease, injury or other poor health of animals, and
(b)  the day-to-day progress or regress of the animals, and
(c)  the treatment, medicinal and otherwise, administered to the animals.
(2)  An exhibitor of animals must maintain, in a manner approved by the Director-General, an up-to-date record of routine checks made on the health of the animals.
(3)  An exhibitor of animals must maintain, in a manner approved by the Director-General, an up-to-date record of each veterinary inspection of the animals and of any veterinary care given to the animals.
(4)  An exhibitor of animals must retain, for at least 2 years after it is made, a record made under this clause.
Maximum penalty: 5 penalty units.
36   Species identification
(1)  An exhibitor of animals must make, and retain for at least 2 years after it is made, a record of the name and qualifications of a person who identifies a species of animals for the exhibitor.
(2)  If the Director-General so directs, an exhibitor of animals must have the species of the animals identified by a person nominated by the Director-General.
Maximum penalty: 5 penalty units.
36A   Variation of record keeping obligations
The Director-General may, at the request of the holder of an authority or an exhibitor, exempt the holder or exhibitor from any obligation to keep records otherwise applicable to that holder or exhibitor under clause 34, 35 or 36.
cll 36A: Ins 13.9.1996.
37   Attendants and other staff
An exhibitor of animals must:
(a)  employ such number of adequately trained and competent staff as is necessary to maintain daily the level of animal husbandry prescribed by this Regulation, and
(b)  employ such number of qualified or experienced animal attendants as are necessary to maintain the level of care of the exhibited animals prescribed by this Regulation, and
(c)  make such arrangements as are necessary to ensure that there will at all times be a person authorised to call for veterinary advice in relation to the animals.
Maximum penalty: 10 penalty units.
38   Compliance with conditions
The holder of an authority must comply with any conditions to which the authority or a certificate of exemption issued to the holder under clause 33 is subject.
Maximum penalty: 10 penalty units.
Part 5 Miscellaneous
39   Keeping of records by the Director-General
The register required to be kept under section 20 of the Act, and any other records required to be kept by the Director-General or in accordance with a standard referred to in clause 8, must be kept:
(a)  in writing that is in the English language and is decipherable on sight, or
(b)  in such a form that the particulars in the register or other records may be readily reproduced in writing that is in the English language and is decipherable on sight.
40   Organisations that may nominate persons to be members of advisory committee
(1)  For the purposes of section 6 (4) (e) of the Act, the following are prescribed animal welfare organisations:
Animal Welfare League
Project Jonah
Royal Society for the Prevention of Cruelty to Animals
World Wide Fund for Nature Australia.
(2)  For the purposes of section 6 (4) (f) of the Act, the following are prescribed organisations representing exhibitors of animals:
Associated Birdkeepers and Traders Inc.
Circus Proprietors Association
NSW Association of Fauna and Marine Parks.
41   Bonds paid as condition of cetacea display licence
(1)  For the purposes of section 37 of the Act:
(a)  the prescribed amount is $20,000, and
(b)  an arrangement for a financial institution to guarantee the payment of an amount to the Director-General (not exceeding $20,000) is a prescribed arrangement.
(2)  The Director-General must invest any money:
(a)  deposited with the Director-General under section 37 of the Act by a licensee and that has not, for the time being, been expended under that section, and
(b)  paid to the Director-General under an arrangement referred to in subclause (1) and that has not, for the time being, been expended under that section.
(3)  The money must be invested:
(a)  in a manner authorised by the Trustee Act 1925 for the investment of trust funds, and
(b)  so that not more than one month’s notice is required for its repayment,
and the Director-General must arrange for the income to be paid directly to, or as authorised by, the licensee.
(4)  In subclause (1):
financial institution means:
(a)  the State Bank of New South Wales or a bank within the meaning of the Banking Act 1959 of the Commonwealth, or
(b)  a financial institution approved by the Director-General.
42   Period of time for return of seized animal
For the purposes of section 41 of the Act, a period of 3 months after seizure of an animal under section 40 of the Act is the prescribed period after which the animal must be returned unless earlier dealt with under the Act.
43   Registered particulars relating to licences
The prescribed fee for a certificate containing a copy of the registered particulars relating to an animal display establishment given under section 21 of the Act is $50.
44   Repeals
(1)  The Exhibited Animals Protection Regulation 1987 and the Exhibited Animals Protection Regulation 1989 are repealed.
(2)  Any act, matter or thing that, immediately before the repeal of a Regulation referred to in subclause (1), had effect under that Regulation is taken to have effect under this Regulation.
Schedule 1 Unrestricted transfers
(Clauses 3, 31)
Part 1 Reptiles (Reptilia)
Tortoises
Testudines
 
Chelodina longicollis
Common Long-necked Tortoise
Lizards
Sauria
 
Physignathus lesueurii
Eastern Water Dragon
Tiliqua scincoides
Blue-tongued Lizard
Snakes
Serpentes
 
Morelia spilota
Carpet or Diamond Python
Part 2 Birds (Aves)
Division 1 Native birds
Emu
Casuariiformes
 
Dromaius novaehollandiae
Emu
Egret and ibis
Ciconiiformes
 
Ardeola ibis
Cattle Egret
Threskiornis aethiopica
Sacred Ibis
Ducks
Anseriformes
 
Dendrocygna eytoni
Plumed Whistling-duck
Chenonetta jubata
Maned Duck
Anas castanea
Chestnut Teal
Anas superciliosa
Black Duck
Anas gibberifrons
Grey Teal
Quail
Galliformes
 
Coturnix australis
Brown Quail
Coturnix chinensis
King Quail
Coturnix noturnix
Stubble Quail
Rails
Gruiformes
 
Gallinula tenebrosa
Dusky Moorhen
Porphyrio porphyrio
Purple Swamphen
Fulica atra
Eurasian Coot
Pigeons and doves
Columbiformes
 
Geopelia cuneata
Diamond Dove
Geopelia placida
Peaceful Dove
Parrots and cockatoos
Psittaciformes
 
Trichoglossus chlorolepidotus
Scaly-breasted Lorikeet
Cacatua roseicapilla
Galah
Cacatua galerita
Sulphur-crested Cockatoo
Cacatua sanguinea
Little Corella
Cacatua tenuirostris
Long-billed Corella
Nymphicus hollandicus
Cockatiel
Platycercus elegans
Crimson Rosella
Platycercus eximius
Eastern Rosella
Melopsittacus undulatus
Budgerigar
Frogmouths
Caprimulgiformes
 
Podargus strigoides
Tawny Frogmouth
Kingfishers
Coraciiformes
 
Dacelo novaeguineae
Kookaburra
Perching birds
Passeriformes
 
Gymnorhina tibicen
Australian Magpie
Taeniopygia guttata
Zebra Finch
Division 2 Non-indigenous birds
Ducks and geese
Anseriformes
 
Anas platyrhynchos
Domestic Duck other than Mallard
Anser spp
Domestic Goose
Pheasants and allies
Galliformes
 
Coturnix coturnix
Japanese Quail
Gallus gallus
Domestic Chicken
Phasianus colchicus
Ring-necked Pheasant
Pavo cristatus
Blue (Indian) Peafowl
Meleagris gallopavo
Domestic Turkey
Alectoris chukar
Chukar Partridge
Numida meleagris
Helmeted Guineafowl
Pigeons and doves
Columbiformes
 
Columba livia
Domestic Pigeon
Streptopelia decaocto
Ring-necked Turtle Dove
Streptopelia “risoria”
Barbary Dove
Perching birds
Passeriformes
 
Serinus canaria
Domestic Canary
Part 3 Mammals (Mammalia)
Division 1 Native mammals
Possums and kangaroos
Diprotodonta
 
Trichosurus vulpecula
Common Brushtail Possum
Pseudocheirus peregrinus
Common Ringtail Possum
Thylogale billardierii
Red-bellied Pademelon
Thylogale stigmatica
Red-legged Pademelon
Thylogale thetis
Red-necked Pademelon
Macropus eugenii
Tammar Wallaby
Macropus fuliginosis
Western Grey Kangaroo
Macropus giganteus
Eastern Grey Kangaroo
Macropus rufogriseus
Red-necked Wallaby
Macropus rufus
Red Kangaroo
Macropus robustus
Common Wallaroo
Wallabia bicolor
Swamp Wallaby
Division 2 Non-indigenous mammals
Carnivores (placental)
Carnivora
 
Canis familiaris
Domestic Dog except C.f. dingo (Dingo) and C.f. hallstromi (New Guinea Wild Dog)
Felis catus
Domestic Cat
Hoofed mammals—odd-toed
Perrissodactyla
 
Equus asinus
Domestic Donkey
Equus caballus
Domestic Horse except E.c. przewalski (Przewalski’s Horse)
Hoofed mammals—even-toed
Artiodactyla
 
Sus scrofa
Domestic Pig
Bos taurus
Domestic Cattle
Bos indicus
Domestic Cattle
Ovis aries
Domestic Sheep
Capra hircus
Domestic Goat
Rabbits
Lagomorpha
 
Oryctolagus cuniculus
Domestic Rabbit
Rodents
Rodentia
 
Mus musculus
House Mouse
Rattus rattus
Black Rat
Rattus norvegicus
Norwegian Rat
Cavia porcellus
Guinea Pig
Schedule 2 Animals for which a section 24 permit is required
(Clauses 3, 10, 15)
Part 1 Amphibians (Amphibia)
Frogs and toads
Anura
 
Bufo marinus
Cane Toad
All species of the Family:
 
Dendrobatidae
Poison Arrow Frogs
Litoria aurea
Green and Gold Bell Frog
Philautus romeri
Romer’s Tree Frog
Part 2 Reptiles (Reptilia)
Crocodiles, alligators and allies
Crocodilia
 
All species
 
Tortoises and turtles
Testudines
 
All species of the Family:
 
Carettochelydidae
Pitted-shelled Turtles
Cheloniidae
Sea Turtles
Dermochelyidae
Leathery Turtles
Pseudemydura umbrina
Western Swamp Tortoise
Geochelone elephantopus
Galapagos Tortoise
Geochelone gigantea
Aldabra Giant Tortoise
Tuatara
Rhynchocephalia
 
All species of the Family:
 
Sphenodontidae
Tuataras
Lizards
Sauria
 
Heloderma suspectum
Gils Monster
Brachylophus fasciatus
Fijian Banded Iguana
Brachylophus vitiensis
Fijian Crested Iguana
Delma impar
Striped Legless Lizard
Leiolopisma grande
Giant Otago Skink
Varanus komodoensis
Komodo Dragon
Snakes
Serpentes
 
Boa constrictor
Boa constrictor
Eunectes murinus
Anaconda
Python reticulatus
Reticulated Python
Liasis amethystina
Scrub Python
All species of the Genus:
 
Acanthophis
Death Adder
Austrelaps
Copperhead Snake
Cryptophis
Small-eyed Snake
Haemachatus
Spitting Cobra
Naja
Cobra
Notechis
Tiger Snake
Ophiophagus
King Cobra
Oxyuranus
Taipan
Parademansia
Fierce Snake
Pseudechis
Black Snake
Pseudonaja
Brown Snake
Tropidechis
Rough-scaled Snake
Vermicella
Bandy-Bandy
All species of the Family:
 
Crotalidae
Rattlesnakes
Hydrophiidae
Sea Snakes
Laticaudidae
Sea Kraits
Viperidae
Vipers
Part 3 Birds (Aves)
Ostrich
Struthioniformes
 
Struthio camelus
Ostrich
Rheas
Rheiformes
 
Rhea americana
Common Rhea
Cassowaries
Casuariiformes
 
Casuarius casuarius
Southern Cassowary
Kiwis
Apterygiformes
 
Apteryx haastii
Great Spotted Kiwi
Albatrosses, petrels and allies
Procellariiformes
 
All species
 
Storks and flamingos
Ciconiiformes
 
Xenorhynchus asiaticus
Black-necked Stork
Phoenicopterus chilensis
Chilean Flamingo
Phoenicopterus ruber
Greater Flamingo
New world vultures
Cathartiformes
 
All species
 
Hawks, osprey and secretary-bird
Accipitriformes
 
All species
 
Falcons
Falconiformes
 
All species
 
Ducks
Anseriformes
 
Stictonetta naevosa
Freckled Duck
Anas aucklandica aucklandica
Auckland Island Teal
Anas aucklandica nesiotis
Campbell Island Teal
Megapodes
Galliformes
 
Leipoa ocellata
Malleefowl
Button-quails, rails, cranes, bustards and allies
Gruiformes
 
Turnix melanogaster
Black-breasted Button-quail
Grus rubicundus
Brolga
Balearica regulorum
East African Crowned Crane
Gallirallus sylvestris
Lord Howe Island Woodhen
Ardeotis australis
Australian Bustard
Plovers, waders, gulls and auks
Charadriiformes
 
All species except Larus novaehollandiae
Silver Gull
Parrots and cockatoos
Psittaciformes
 
All species of Genus:
 
Probosciger
Palm Cockatoo
Calyptorhynchus
Black Cockatoo
Callocephalon
Gang Gang Cockatoo
Cacatua pastinator
Western Long-billed Corella
Nestor notabilis
Kea
Nestor meridionalis meridionalis
South Island Kaka
Nestor meridionalis septentrionalis
North Island Kaka
Eclectus roratus
Eclectus Parrot
Cyanoramphus unicolor
Antipodes Island Green Kakariki
Lathamus discolor
Swift Parrot
Ara ararauna
Blue and Yellow Macaw
Ara macao
Scarlet Macaw
Ara chloroptera
Green-winged Macaw
Anodorhynchus hyacinthinus
Hyacinth Macaw
Strigops habroptilus
Kakapo
Cyclopsitta diophthalma
Double-eyed Fig-parrot
Psephotus chrysopterygius
Golden-shouldered Parrot
Neophema petrophila
Rock Parrot
Neophema chrysogaster
Orange-bellied Parrot
Cuckoos, touracos and hoatzins
Cuculiformes
 
All species
 
Owls
Strigiformes
 
All species
 
Frogmouths and nightjars
Caprimulgiformes
 
All species except Podargus strigoides
Tawny Frogmouth
Perching birds
Passeriformes
 
All species of the Family:
 
Pittidae
Pittas
Menuridae
Lyrebirds
Lichenostomus melanops cassidix
Helmeted Honeyeater
Notiomystis cincta
Stitchbird
Zanthomyza phrygia
Regent Honeyeater
Dasyornis brachypterus
Eastern Honeyeater
Callaeas cinerea wilsoni
North Island Kokako
Creadion carunculatus carunculatus
South Island Saddleback
Creadion carunculatus rufusater
North Island Saddleback
Stagonopleura oculata
Red-eared Firetail
Emblema bella
Beautiful Firetail
All species of the Family:
 
Paradisaeidae
Birds-of-Paradise
Part 4 Mammals (Mammalia)
Subclass 1   Egg-laying mammals (Prototheria)
Platypus and echidnas
Monotremata
 
Zaglossus bruijni
Long-beaked Echidna
Ornithorhynchus anatinus
Platypus
Subclass 2   Marsupials (Metatheria)
Carnivorous marsupials
Polyprotondonta
 
Phascogale tapoatafa
Brush-tailed Phascogale
Dasycercus cristicauda
Mulgara
Dasyurus geoffroii
Western Quoll or Chuditch
Dasyurus maculatus
Tiger Quoll
Sarcophilus harrisii
Tasmanian Devil
Myrmecobius fasciatus
Numbat
Perameles gunnii
Eastern Barred Bandicoot
Macrotis lagotis
Greater Bilby
Herbivorous marsupials
Diprotodonta
 
Spilocuscus maculatus
Common Spotted Cuscus
Burramys parvus
Mountain Pygmy-possum
Gymnobelideus leadbeateri
Leadbeater’s Possum
Petaurus australis
Yellow-bellied Glider
Petaurus norfolcensis
Squirrel Glider
Potorous longipes
Long-footed Potoroo
Petrogale penicillata
Brush-tailed Rock-wallaby
Petrogale xanthopus
Yellow-footed Rock-wallaby
Lagorchestes hirsutus
Mala
Dendrolagus goodfellowi
Goodfellow’s Tree Kangaroo
Dendrolagus matschiei
Matschie’s Tree Kangaroo
Phascolarctos cinereus
Koala
Subclass 3   Placental mammals (Eutheria)
Anteaters and sloths
Edentata
 
Myrmecophaga tridactyla
Giant Anteater
Choloepus hoffmanni
Hoffman’s Sloth
Bats
Chiroptera
 
All species except Family Pteropodidae (Fruit Bats)
 
Monkeys, apes and allies
Primates
 
All species
 
Carnivores
Carnivora
 
All species except those listed in Schedule 1 and Mustela putorius (Domestic Ferret)
 
Seals, walrus and allies
Pinnipedia
 
All species
 
Elephants
Proboscidea
 
All species
 
Hoofed mammals—odd-toed
Perissodactyla
 
All species except those listed in Schedule 1
 
Hoofed mammals—even-toed
Artiodactyla
 
All species except those listed in Schedule 1, Lama pacos (Alpaca) and Lama glama (Llama)
 
Rodents
Rodentia
 
All species except those listed in Schedule 1
 
Part 5 Hybrids
A hybrid of which one parent is, or both parents are, of a species listed in Parts 1 to 4.
Schedule 3 Exemptions—animals used for riding or racing
(Clause 5 (j))
Bos taurus and Bos indicus
Domestic cattle
Camelus dromedarius
Arabian Camel
Canis familiaris
(Domestic Dog), except Canis familiaris dingo (Dingo) and Canis familiaris hallstromi (New Guinea Wild Dog)
Capra hircus
Domestic Goat
Equus caballus and Equus asinus
Domestic Horse, except Equus caballus przewalski (Przewalski’s Horse)
Equus equus x asinus
Domestic Mule
Schedule 4 Exemptions—animals displayed at certain agricultural shows and rural areas
(Clause 5 (l) and (m))
Ovis aries
Domestic Sheep
Capra hircus
Domestic Goat
Bos taurus and Bos indicus
Domestic Cattle
Equus caballus
Domestic Horse
Equus asinus
Domestic Donkey
Sus scrofa
Domestic Pig
Canis familiaris
Domestic Dog, but limited to Working Breeds (Farm (Working) Dog)
Lama pacos
Alpaca
Lama glama
Llama
Anas platyrhynchos
Domestic Duck
Anser spp
Domestic Goose
Columba livia
Domestic Pigeon
Gallus gallus
Domestic Chicken
Meleagris gallopavo
Domestic Turkey
Coturnix coturnix
Japanese Quail
Numida meleagris
Helmeted Guineafowl
Phasianus colchicus
Ring-necked Pheasant
Alectoris chukar
Chukar Partridge
Struthio camelus
Ostrich
Cervus dama
Fallow Deer
Cervus timorensis
Rusa Deer
Cervus unicolor
Sambar Deer
Cervus elaphus
Red Deer (Wapiti)
Dromaius novaehollandiae
Emu
Oryctolagus cuniculus
Domestic Rabbit
sch 4: Am 13.9.1996; 15.8.1997.