Table Of Contents

Exhibited Animals Protection Regulation 2010

Part 1 Preliminary
1   Name of Regulation
This Regulation is the Exhibited Animals Protection Regulation 2010.
2   Commencement
This Regulation commences on 1 September 2010.
Note—
This Regulation replaces the Exhibited Animals Protection Regulation 2005, which is repealed on 1 September 2010 by section 10 (2) of the Subordinate Legislation Act 1989.
3   Definitions
(1)  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 or a permit.
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.
farm means a place at which one or more animals of a species set out in Schedule 1 are kept for the primary purpose of primary production.
fence includes a wall or other barrier.
fixed establishment means premises that are an animal display establishment not being a mobile establishment.
licensed premises means premises to which a licence relates.
minor establishment means a fixed establishment at which no more than 30 animals are exhibited.
mobile establishment means an animal display establishment comprising premises that are of a type referred to in section 22 (2) of the Act.
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.
Secretary means the Secretary of the Department.
the Act means the Exhibited Animals Protection Act 1986.
veterinary practitioner has the same meaning as in the Veterinary Practice Act 2003.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2)  Notes included in this Regulation do not form part of this Regulation.
cl 3: Am 2015 (621), Sch 1 [1].
Part 2 Animal display establishments
4   Exemptions from licensing requirements
(1) Freshwater fish 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.
(2) Saltwater fish 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 saltwater fish that are kept 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.
(3) Wildlife sanctuaries For the purposes of section 4 (1) of the Act, an animal display establishment is exempt from the requirement to be licensed in respect of an animal if the animal is in an enclosed area and the Secretary is satisfied that:
(a)  the animal is in a wild state, and
(b)  given the nature and circumstances of the animal and establishment concerned, it would be unreasonable to require the use of the establishment to be licensed (and comply with the licensing requirements) under the Act.
Note—
Certain wildlife sanctuaries require and maintain very limited human interaction with the animals kept on those premises. In such cases the Secretary may form the view that it is unreasonable to require the operator of the sanctuary to comply with the strict requirements of a licence under the Act.
cl 4: Am 2015 (621), Sch 1 [2].
5   Exhibitions exempted from the operation of the Act
(1)  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)  that the animal is a lawful captive and is part of a competitive display of household pets,
(c)  that the animal is part of a competitive display of domestic farm animals,
(d)  that the animal is a domestic farm animal being used to demonstrate the acquisition of wool, milk or other produce of a living animal,
(e)  that the animal is of domestic hoof-stock and is performing, or is to perform, in an event at a rodeo,
(f)  that the animal is a lawful captive that is not displayed, or kept for display, to the public,
(g)    (Repealed)
(h)  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,
(i)  that the animal, being an animal of a species listed in Schedule 3 and not being an animal kept pursuant to an approval or permit or at a licensed animal display establishment, is an animal used only for riding or racing,
(j)  that the animal is kept in a pet shop for display and not for sale,
(k)  that the animal, being an animal of a species listed in Schedule 1 and not being an animal kept pursuant to an approval or 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,
(l)  that the animal, being an animal of a species listed in Schedule 1, 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,
(m)  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,
(n)  that the animal is a lawful captive and is being displayed, or kept for display, at a meeting of an association dedicated to the keeping of that type of animal,
(o)  that the animal is being displayed, or kept for display, by a school student at a school for a single “show-and-tell” activity.
(2)  If the display of any animal that constitutes exhibition for the purposes of the Act and the display of any animal that does not constitute exhibition for the purposes of the Act (by virtue of subclause (1)) takes place at the same time on the same premises, any authority issued in relation to the premises applies to all animals at the premises.
Note—
For example, if a pony ride (which is not exhibition for the purposes of the Act by virtue of clause 5 (1) (i)) takes place at an exhibition or display farm to which an approval relates, the approval, and any terms, conditions or standards that have effect under the approval, also apply to the pony ride.
cl 5: Am 2018 No 25, Sch 3.7 [1].
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, fixed establishments are a prescribed class of animal display establishments.
(2)  For the purposes of section 13 of the Act, the classes of animal display establishments are:
(a)  fixed establishments, and
(b)  mobile establishments.
8   Standards for animal display establishments
(1)  For the purposes of sections 14 and 25 of the Act, the following standards (published by the Department or any of its predecessors) are prescribed:
General Standards for Exhibiting Animals in New South Wales (published in September 2015)
Policy on Exhibiting Primates in New South Wales (published in March 2000)
Standards for Exhibiting Animals at Mobile Establishments in New South Wales (published in October 2008)
Standards for Exhibiting Animals during Temporary Removals in New South Wales (published in October 2008)
Standards for Exhibiting Australian Mammals in New South Wales (published in April 2006)
Standards for Exhibiting Bottle-nosed Dolphins (Tursiops truncatus) in New South Wales (published in April 1994)
Standards for Exhibiting Captive Raptors in New South Wales (published in May 2010)
Standards for Exhibiting Carnivores in New South Wales (published in August 2016)
Standards for Exhibiting Circus Animals in New South Wales (published in January 2009)
Standards for Exhibiting Seals in New South Wales (published in October 2008)
(2)  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.
(3)  The Secretary 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.
cl 8: Am 2015 (621), Sch 1 [2]–[4]; 2016 (748), cl 3.
9   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
10   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 Secretary 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 Secretary 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 Secretary 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)  The Secretary must not issue a licence unless:
(a)  the applicant has, to the satisfaction of the Secretary, completed a course of study of a kind approved by the Secretary concerning the requirements of the Act and this Regulation, and
(b)  the applicant understands, to the satisfaction of the Secretary, the requirements of the Act and this Regulation.
(5)  An application is not required for a licence to be issued under section 18 (4) of the Act.
cll 10: Am 2015 (621), Sch 1 [2].
11   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 Secretary is to take effect during a month other than July, the applicant is to pay:
(a)  the applicable lodgement fee (if any), and
(b)  the applicable issue fee adjusted on a pro-rata basis.
(4)  In this clause:
minor exhibitor means a person who exhibits or is to exhibit no more than 30 animals.
Table
Application for
Lodgment fee
Issue fee
Approval under section 18 of the Act
$230
nil
Licence under section 18 of the Act
nil
$285 for minor establishments, otherwise $1,035
Renewal of licence under section 18 of the Act
$115
$285 for minor establishments, otherwise $1,035
Approval under section 19 of the Act
$46
nil
Approval under section 22 of the Act
$230
$285 for minor exhibitors, otherwise $1,035
Renewal of approval under section 22 of the Act
$115
$285 for minor exhibitors, otherwise $1,035
Permit under section 24 of the Act
$23 per species
nil if applicant holds current licence or approval, $285 if the applicant is a minor exhibitor, otherwise $1,035
Renewal of permit under section 24 of the Act
nil if applicant holds current licence or approval, otherwise $23 per species
nil if applicant holds current licence or approval, $285 if the applicant is a minor exhibitor, otherwise $1,035
Transfer of licence under section 27 of the Act
$230
$285 for minor establishments, otherwise $1,035
Variation of authority under section 27 of the Act
$23
nil
cll 11: Am 2015 (621), Sch 1 [2].
12   Duration of authority
For the purposes of section 29 of the Act, an authority remains in force (unless it is earlier cancelled or 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.
Division 2 Conditions
13   Conservation education
It is a condition of every authority that the authority holder is to provide education to the public concerning the conservation of animals to a standard approved by the Secretary.
cll 13: Am 2015 (621), Sch 1 [2].
14   Australasian Species Management Program
An authority may include a condition requiring the holder to participate in the Australasian Species Management Program of the Zoo and Aquarium Association.
15   Breeding from stock
An authority is subject to a condition that the holder must not engage in the breeding of the animals to which the authority relates if the breeding:
(a)  would adversely affect the welfare of the progeny because of budgetary or space constraints, or
(b)  would, in the opinion of the Secretary, 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 14, or
(d)  in the opinion of the Secretary, would not, for any other reason, be in the best interests of the species or an individual animal.
cll 15–18: Am 2015 (621), Sch 1 [2].
16   Insurance
An authority is subject to a condition requiring the holder to maintain a policy of insurance, providing cover of an amount approved by the Secretary, against any liability of the holder, or of a servant or agent of the holder, for death, injury or damage that arises out of or in connection with an activity authorised by the authority.
cll 15–18: Am 2015 (621), Sch 1 [2].
17   Exhibition of animals at circuses
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 Standards for Exhibiting Circus Animals in New South Wales approved and published by the Secretary.
cll 15–18: Am 2015 (621), Sch 1 [2].
18   Imposition of terms and conditions by the Secretary
(1)  Terms or conditions of an authority may be imposed by the Secretary 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 Secretary 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 Secretary under section 28 (1) (c) of the Act after it is issued, may be varied by the Secretary 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 Secretary gives the holder of the authority written notice that the Secretary 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 Secretary or arrange with the Secretary for the making of oral representations, and
(c)  before making any decision in relation to a term, condition or variation under consideration, the Secretary takes into account any such representations.
(4)  Despite any other provision of this clause, the Secretary may, at any time, revoke 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 Secretary under section 28 (1) (c) of the Act after it is issued.
cll 15–18: Am 2015 (621), Sch 1 [2].
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:
(a)  if the authority is a permit or approval—at the premises at which the animals concerned are being displayed, or
(b)  in any other case—on the authorised premises.
Maximum penalty: 10 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 veterinary practitioner or a person authorised by a veterinary practitioner.
Maximum penalty: 10 penalty units.
(2)  The holder of an authority must not cause or permit a person, other than a veterinary practitioner, to administer a drug or vaccine to an animal that is exhibited on authorised premises except as directed by a veterinary practitioner.
Maximum penalty: 10 penalty units.
(3)  A person other than a veterinary practitioner must not, except as directed by a veterinary practitioner, administer a drug or vaccine to an animal that is exhibited on authorised premises.
Maximum penalty: 10 penalty units.
21   Notification of outbreak of disease
The holder of an authority must notify the Secretary 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: 10 penalty units.
cll 21: Am 2015 (621), Sch 1 [2].
22   Disposal of unwanted veterinary equipment
(1)  The holder of an authority must not cause or permit a person to dispose of unwanted or contaminated veterinary equipment from authorised premises in such a way so that the equipment becomes a danger to any person.
Maximum penalty: 10 penalty units.
(2)  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, or cause or permit such an animal to be chained or tethered, to an anchorage except for the purposes of veterinary treatment or grooming.
Maximum penalty: 10 penalty units.
(2)  Subclause (1) does not apply:
(a)  to elephants or domesticated hoof-stock if the Standards for Exhibiting Circus Animals in New South Wales are observed, or
(b)  to elephants on licensed premises that are not on display:
(i)  at night, or
(ii)  during an emergency situation, or
(c)  to raptors if the Standards for Exhibiting Captive Raptors in New South Wales are observed.
24   Dangerous or unsuitable housing
(1)  If the Secretary (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 Secretary (or the inspector) may direct the exhibitor of the animal:
(a)  to remove the animal to a cage or other housing approved by the Secretary (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: 10 penalty units.
cll 24: Am 2015 (621), Sch 1 [2].
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.
Maximum penalty: 10 penalty units.
(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, if the animal escapes from the authorised premises, notify the Secretary:
(a)  of the escape within 2 hours, and
(b)  immediately on recapture of the animal.
(2)  If a permit animal escapes from an enclosure within authorised premises but not from the premises, the permit holder must notify the Secretary:
(a)  of the escape within 2 hours, and
(b)  immediately 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 Secretary of the escape within 48 hours of the escape and immediately on recapture of the animal.
(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.
cll 27: Am 2015 (621), Sch 1 [2].
28   Venomous animals
An exhibitor of an animal that is venomous to human beings must:
(a)  if a suitable antivenom exists, at all times have an appropriate supply of the antivenom 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 envenomed by the animal.
Maximum penalty: 10 penalty units.
29   Reporting of injuries to people
The holder of an authority must immediately report to the Secretary 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.
cll 29: Am 2015 (621), Sch 1 [2].
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: 10 penalty units.
31   Acquisition etc animals
(1)  The holder of an authority must not:
(a)  acquire an animal for exhibition if the holder knows, or ought reasonably to know, that the transaction is with a person who, by acquiring, possessing or selling the animal, committed an offence under the Act or any of the following Acts:
(iii)  the Biosecurity Act 2015,
(b)  sell an exhibited animal to a person who the holder knows, or ought reasonably to know, by acquiring, possessing or selling the animal would commit an offence under the Act or any other Act referred to in paragraph (a), or
(c)  acquire or sell an animal of a species listed in Schedule 2 without the consent of the Secretary.
Maximum penalty: 10 penalty units.
(2)  In this clause, sell an animal includes transfer possession of the animal.
cl 31: Am 2015 (621), Sch 1 [2]; 2015 No 24, Sch 8.14; 2018 No 25, Sch 3.7 [2].
32   Removal of exhibited animal
(1)  The holder of a licence for an animal display establishment must not, without the written consent of the Secretary, 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: 10 penalty units.
(2)  The holder of an authority must not remove an animal from the authorised premises unless an application in the approved form for the consent of the Secretary to the removal of the animal was made:
(a)  at least 7 days before the proposed removal, or
(b)  by agreement with the Secretary, at a later time,
and the Secretary 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 veterinary practitioner, or
(b)  it is being kept on the premises of a veterinary practitioner for treatment or observation, or
(c)  it is being transported from one authorised premises under an authority to another authorised premises under that authority, or
(d)  it is being transported to give effect to its lawful disposition or acquisition.
(4)  In this clause, approved form means a form approved by the Secretary.
cll 32: Am 2015 (621), Sch 1 [2].
33   Exemption from requirements concerning acquisition, disposal and removal of animals
(1)  The Secretary may exempt a holder of an authority, or a class of holder of an authority, from the requirements of clause 31 (1) (c) or 32 (2).
(2)  The exemption may be given either unconditionally or subject to conditions.
(3)  Where an exemption is given subject to conditions, the exemption does not have effect while any of the conditions is not being complied with.
cll 33: Am 2015 (621), Sch 1 [2].
34   Compliance with conditions
The holder of an authority must comply with any conditions to which the authority or an exemption given to the holder under clause 33 is subject.
Maximum penalty: 10 penalty units.
35   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 (or at such other place as is approved by the Secretary) animal records in a form approved by the Secretary.
Maximum penalty: 10 penalty units.
(3)  For the purposes of subclause (2), if an authority relates to more than one premises the animal records need only be kept at the premises at which the animal concerned is most often kept.
(4)  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.
(5)  The holder of an authority is guilty of an offence if the holder fails to:
(a)  notify the Secretary within 7 days after the loss of, or after any damage to, the animal records, or
(b)  enter, or allow an entry to be made, in the animal records:
(i)  if the records are in a written or printed form—only in ink, or
(ii)  if the records are stored in electronic form—only in a manner approved by the Secretary, 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 a written or printed form—only by drawing a single line through the entry, or
(ii)  if the records are stored in electronic form—only in a manner approved by the Secretary.
Maximum penalty: 10 penalty units.
(6)  A person must not enter, or allow an entry to be made, in the animal records that the person knows to be false or misleading in a material particular.
Maximum penalty: 10 penalty units.
(7)  The holder of an authority making an 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.
(8)  The former holder of the authority must, not later than 14 days after expiration of an authority, lodge with the Secretary 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.
(9)  If an authority is surrendered, suspended 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 Secretary 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.
cll 35–38: Am 2015 (621), Sch 1 [2].
36   Other records
(1)  An exhibitor of animals must maintain, in a manner approved by the Secretary, 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 Secretary, 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 Secretary, 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: 10 penalty units.
cll 35–38: Am 2015 (621), Sch 1 [2].
37   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 Secretary so directs, an exhibitor of animals must have the species of the animals identified by a person nominated by the Secretary.
Maximum penalty: 10 penalty units.
cll 35–38: Am 2015 (621), Sch 1 [2].
38   Variation of record keeping obligations
The Secretary 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 35, 36 or 37.
cll 35–38: Am 2015 (621), Sch 1 [2].
39   Attendants and other staff
(1)  An exhibitor of animals must employ such number of adequately trained and competent staff as is necessary to maintain daily the level of animal husbandry required by this Regulation.
(2)  An exhibitor of animals must employ such number of qualified or experienced animal attendants as is necessary to maintain the level of care of the animals required by this Regulation.
(3)  An exhibitor of animals must 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.
Part 5 Miscellaneous
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 NSW
Humane Society International
Primates for Primates
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:
Circus Federation of Australia
Mobile Wildlife Educators Association
New South Wales Fauna and Marine Parks Association
Zoo and Aquarium Association
41   Bonds paid as condition of cetacea display licence
(1)  For the purposes of section 37 of the Act:
(a)  the prescribed amount is $60,000, and
(b)  an arrangement for a financial institution to guarantee the payment of an amount to the Secretary (not exceeding $60,000) is a prescribed arrangement.
(2)  The Secretary must invest any money:
(a)  deposited with the Secretary under section 37 of the Act by a licensee and that has not, for the time being, been spent in accordance with that section, and
(b)  paid to the Secretary under an arrangement referred to in subclause (1) (b) and that has not, for the time being, been spent in accordance with 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 Secretary must arrange for the income to be paid directly to, or as authorised by, the licensee.
(4)  In subclause (1):
financial institution means:
(a)  an authorised deposit-taking institution, or
(b)  a financial institution approved by the Secretary.
cll 41: Am 2015 (621), Sch 1 [2].
42   Period of time for return of seized animal
For the purposes of section 41 of the Act, a period of 6 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 $58.
44   Penalty notice offences
For the purposes of section 46A of the Act:
(a)  an offence under a provision of the Act or this Regulation specified in Column 1 of Schedule 4 is prescribed as a penalty notice offence, and
(b)  the amount specified in Column 2 of Schedule 4 in respect of such an offence is the prescribed amount of penalty for the offence.
45   Savings
Any act, matter or thing that, immediately before the repeal of the Exhibited Animals Protection Regulation 2005, had effect under that Regulation is taken to have effect under this Regulation.
Schedule 1 Exemptions—animals displayed at certain agricultural shows and rural areas
(Clauses 3 and 5 (1) (k) and (l))
Birds (Class Aves)
Alectoris chukar
Chukar Partridge
Anas platyrhynchos
Domestic Duck
Anser species
Domestic Goose
Columba livia
Domestic Pigeon
Coturnix coturnix
Japanese Quail
Dromaius novaehollandiae
Emu
Gallus gallus
Domestic Chicken
Meleagris gallopavo
Domestic Turkey
Numida meleagris
Helmeted Guineafowl
Phasianus colchicus
Ring-necked Pheasant
Struthio camelus
Ostrich
Mammals (Class Mammalia)
Bos taurus and Bos indicus
Domestic Cattle
Canis familiaris
Domestic Dog, but limited to Working Breeds (Farm (Working) Dog)
Capra hircus
Domestic Goat
Cervus dama
Fallow Deer
Cervus elaphus
Red Deer (Wapiti)
Cervus timorensis
Rusa Deer
Cervus unicolor
Sambar Deer
Equus asinus
Domestic Donkey
Equus caballus
Domestic Horse
Lama glama
Llama
Lama pacos
Alpaca
Oryctolagus cuniculus
Domestic Rabbit
Ovis aries
Domestic Sheep
Sus scrofa
Domestic Pig
Schedule 2 Animals for which a section 24 permit is required
(Clauses 3 and 9)
Part 1 Sharks and rays (Class Chondrichthyes)
Order Lamniformes
Mackerel Sharks
Family Lamnidae
Mackerel Sharks
Subfamily Lamninae
White Sharks and Mako (Blue Pointer) Sharks
All species
 
Family Odontaspididae
Sand Tigers
Carcharias taurus
Grey Nurse Shark
Order Carcharhiniformes
Ground Sharks
Family Carcharhinidae
Requiem Sharks
Subfamily Carcharhininae
Tiger Sharks, Whaler Shark and Reef Sharks
All species
 
Family Sphyrnidae
Hammerhead Sharks
All species
 
Order Rajiformes
Sawfish, Skates and Rays
Family Dasyatidae
Rays, Rat-tailed Rays and Stingarees
Subfamily Dasyatinae
Stingrays
All species
 
Part 2 Fish (Class Osteichthyes)
Order Scorpaeniformes
Waspfish, Firefish, Scorpion Cods, Stonefishes, Velvetfishes, Gurnards and Flatheads
Family Scorpaenidae
Scorpion Cods
All species
 
Family Tetrarogidae
Bullrouts
All species
 
Family Synanceiidae
Stonefish
All species
 
Order Ceratodontiformes
Lungfish
Neoceratodus forsteri
Australian Lungfish
Part 3 Amphibians (Class Amphibia)
Order Anura
Frogs and Toads
Family Bufonidae
Toads
Bufo marinus
Cane Toad
Family Dendrobatidae
Poison Arrow Frogs
All species
 
Family Hylidae
Tree Frogs
Litoria aurea
Green and Gold Bell Frog
Family Leptodactylidae
 
Ceratophrys spp.
Horned-frogs
Family Myobatrachidae
Southern Frogs
Pseudophryne spp.
Corroboree Frog
Family Pipidae
 
Xenopus laevis
Clawed Toad
Family Ranidae
 
Pyxicephalus adspersus
African Bullfrog
Family Rhacophoridae
 
Philautus romeri
Romer’s Tree-frog
Order Caudata
Newts, Salamanders and Allies
All species except Ambystoma mexicanum—Axolotl
 
Part 4 Reptiles (Class Reptilia)
Order Crocodilia
Crocodiles, Alligators and Allies
All species
 
Order Sphenodontia
Tuataras
Family Sphenodidae
Tuataras
All species
 
Order Chelonia
Tortoises and Turtles
Family Carettochelyidae
Pitted-shelled Turtles
Carettochelys insculpta
 
Family Cheloniidae
Sea Turtles
All species
 
Family Chelidae
Freshwater Tortoises
Pseudemydura umbrina
Western Swamp Tortoise
Chelus fimbriatus
Matamata
Platemys platycephala
Twist-necked Turtle
Family Chelydridae
 
All species
 
Family Dermochelyidae
Leathery Turtles
All species
 
Family Emydidae
 
All species
 
Family Kinosternidae
 
All species
 
Family Testudinidae
Land Tortoises
All species
 
Family Trionychidae
 
All species
 
Order Squamata
Lizards and Snakes
Sub-Order Lacertilia
Lizards
Family Agamidae
 
Calotes spp.
Variable-lizards
Hydrosaurus pustulatus
Philippine Water-lizard; Sail-fin Lizard
Family Anguidae
 
Pseudopus apodus
Sheltopusik; Glass-lizard
Family Chamaeleonidae
Chameleons
All species
Chameleons
Family Cordylidae
 
Cordylus giganteus
Sungazer
Gerrhosaurus validus
Giant Plated-lizard
Family Gekkonidae
 
Eublepharis macularius
Leopard Gekko; Fat-tailed Gekko
Gekko gecko
Tokay
Hemidactylus frenatus
Cheechak; House Gekko
Lepidodactylus lugubris
Mourning Gekko; Sad Gekko
Phelsuma madagascariensis
Madagascar Gekko
Rhacodactylus auriculatus
Eared Caledonian-gekko
Rhacodactylus leachianus
Cuvier’s Caledonian-gekko
Family Helodermatidae
Gila Monster and Beaded Lizard
All species
 
Family Iguanidae
Iguanas
All species
 
Family Lacertidae
 
All species
 
Family Scincidae
 
Tribolonotus gracilis
Crocodile Skink
Family Teiidae
 
Tupinambis teguixin
Black and White Tegu
Family Pygopodidae
Legless Lizards
Delma impar
Striped Legless Lizard
Family Varanidae
Monitors
Varanus giganteus
Perentie
Varanus komodoensis
Komodo Dragon
Varanus salvadorii
Salvadori’s Monitor; Papuan Monitor
Varanus varius
Lace Monitor
Sub-Order Serpentes
Snakes
Family Acrochordidae
 
Acrochordus javanicus
Javan File-snake
Family Boidae
Pythons and Boas
Subfamily Boinae
 
All species
 
Subfamily Pythoninae
 
Bothrochilus boeleni
Boelen’s Python
Liasis amethystina
Scrub Python
Morelia boa
Ringed Python
Python curtus
Blood Python; Short Python
Python molurus
Burmese Python
Python regius
Ball Python
Python reticulatus
Reticulated Python
Python sebae
African Rock Python
Family Colubridae
 
Boiga dendrophila
Mangrove Snake
Drymarchon corais
Cribos
Elaphe guttata
Corn Snake; Red Rat-snake
Elaphe obsoleta
Black Rat-snake
Elaphe quatorlineata
Four-lined Rat-snake
Elaphe schrenkii
Russian Rat-snake
Elaphe taeniurus
Black-tailed Rat-snake; Taiwan Rat-snake
Lampropeltis getulus
King Snake
Lampropeltis mexicana
Grey-banded Snake
Lampropeltis triangulum
Milk Snake
Pituophis melanoleucus
Bull Snake; Pine Snake
Family Crotalidae
Rattlesnakes
All species
 
Family Elapidae
Front-fanged Venomous Snakes
All species of the genera:
 
Acanthophis
Death Adders
Austrelaps
Copperhead Snakes
Cryptophis
Small-eyed Snakes
Haemachatus
Spitting Cobras
Hoplocephalus
Broad-headed Snakes
Naja
Cobras
Notechis
Tiger Snakes
Ophiophagus
King Cobras
Oxyuranus
Taipans and Fierce Snakes
Pseudechis
Black Snakes
Pseudonaja
Brown Snakes
Tropidechis
Rough-scaled Snakes
Vermicella
Bandy-Bandy
Family Hydrophiidae
Sea Snakes
All species
 
Family Laticaudidae
Sea Kraits
All species
 
Family Viperidae
Vipers
All species
 
Part 5 Birds (Class Aves)
Order Struthioniformes
Ostriches
Family Struthionidae
 
Struthio camelus
Ostrich
Order Rheiformes
Rheas
All species
 
Order Casuariiformes
Cassowaries
Family Casuariidae
Cassowaries
All species
 
Order Apterygiformes
Kiwis
All species
 
Order Sphenisciformes
Penguins
All species
 
Order Procellariiformes
Albatrosses, Shearwaters and Petrels
All species
 
Order Ciconiiformes
Herons, Bitterns, Storks, Ibises, Spoonbills, Hammerheads and Flamingos
Family Threskiornithidae
Ibises and Spoonbills
Platalea regia
Royal Spoonbill
Family Ciconiidae
Storks
Xenorhynchus asiaticus
Black-necked Stork
Family Cathartidae
New World Vultures
All species
 
Family Phoenicopteridae
Flamingos
All species
 
Order Anseriformes
Swans, Ducks and Geese
Family Anatidae
Swans, Ducks and Geese
Stictonetta naevosa
Freckled Duck
Order Falconiformes
Vultures, Ospreys, Falcons, Kites, Eagles, Harriers, Hawks, Secretary Birds and Buzzards
All species
 
Order Galliformes
Pheasants, Quails, Grouse, Turkeys, Guineafowl, Megapodes (mound-nesters), Curassows and Guans
Family Megapodiidae
Megapodes or Mound-builders
Leipoa ocellata
Malleefowl
Order Gruiformes
Cranes, Trumpeters, Rails, Bustards, Button-quails, Seriemas, Mesites and Finfoots
Family Turnicidae
Button-quail
Turnix melanogaster
Black-breasted Button-quail
Family Gruidae
Cranes
All species
 
Family Rallidae
Rails, Crakes, Moorhens and Coots
Gallirallus sylvestris
Lord Howe Island Woodhen
Family Otididae
Bustards
Ardeotis australis
Australian Bustard
Order Charadriiformes
Plovers, Sandpipers, Stilts, Snipes, Oystercatchers, Curlews and Sheathbills
All species except Larus novaehollandiae
Silver Gull
Order Columbiformes
Pigeons and Doves
Family Columbidae
Pigeons and Doves
Ptilinopus regina
Rose-Crowned Fruit Dove
Order Psittaciformes
Cockatoos and Parrots
Family Cacatuidae
Cockatoos
Cacatua pastinator
Western Long-billed Corella
Callocephalon fimbriatum
Gang Gang Cockatoo
Calyptorhynchus spp.
Black Cockatoos
Probosciger aterrimus
Palm Cockatoo
Family Psittacidae
Parrots
Ara ararauna
Blue and Yellow Macaw
Ara chloroptera
Green-winged Macaw
Ara macao
Scarlet Macaw
Anodorhynchus hyacinthinus
Hyacinth Macaw
Cyanoramphus unicolor
Antipodes Island Green Kakariki
Cyclopsitta diophthalma
Double-eyed Fig-parrot
Eclectus roratus macgilivrayi
Eclectus Parrot (Australian subspecies)
Lathamus discolor
Swift Parrot
Neophema chrysogaster
Orange-bellied Parrot
Neophema petrophila
Rock Parrot
Nestor meridionalis meridionalis
South Island Kaka
Nestor meridionalis septentrionalis
North Island Kaka
Nestor notabilis
Kea
Psephotus chrysopterygius
Golden-shouldered Parrot
Strigops habroptilus
Kakapo
Order Cuculiformes
Cuckoos, Touracos and Hoatzins
All species
 
Order Strigiformes
Owls
All species
 
Order Caprimulgiformes
Nightjars, Frogmouths, Potoos and Oilbirds
All species except Podargus strigoides
Tawny Frogmouth
Order Coraciiformes
Kingfishers, Rollers, Hornbills and Allies
Family Alcedinidae
Kingfishers and Kookaburras
Todiramphus sanctus
Sacred Kingfisher
Order Passeriformes
Perching Birds
Family Pittidae
Pittas
All species
 
Family Menuridae
Lyrebirds
All species
 
Family Maluridae
Fairy-wrens
Malurus lamberti lamberti
Variegated Fairy-wren
Family Meliphagidae
Honeyeaters
Lichenostomus melanops cassidix
Helmeted Honeyeater
Manorina melanotis
Black-eared Miner
Xanthomyza phrygia
Regent Honeyeater
Family Passeridae
Finches and Mannikins
Emblema bella
Beautiful Firetail
Stagonopleura oculata
Red-eared Firetail
Family Paradisaeidae
Birds-of-Paradise
All species
 
Part 6 Mammals (Class Mammalia)
Monotremes (Subclass Prototheria)—egg-laying mammals
Order Monotremata
Platypus and Echidnas
Family Tachyglossidae
Echidnas
Zaglossus bruijni
Long-beaked Echidna
Family Ornithorhynchidae
Platypus
Ornithorhynchus anatinus
Platypus
Marsupials (Subclass Marsupialia)—pouched mammals
Order Dasyuromorphia
Quolls, Tasmanian Devils, Phascogales, Antechinus, Dunnarts and Numbats
Family Dasyuridae
Carnivorous and Insectivorous Marsupials
Dasycercus cristicauda
Mulgara
Dasyurus spp.
Quolls
Parantechinus apicalis
Dibbler
Phascogale spp.
Phascogales
Sarcophilus harrisii
Tasmanian Devil
Family Myrmecobiidae
Numbat
Myrmecobius fasciatus
Numbat
Order Peramelemorphia
Bandicoots and Bilby
Family Peramelidae
Bandicoots
Echymipera rufescens
Long-nosed Echymipera
Isoodon auratus
Golden Bandicoot
Perameles bougainville
Western Barred Bandicoot
Perameles gunnii
Eastern Barred Bandicoot
Family Thylacomyidae
Bilby
Macrotis lagotis
Greater Bilby
Family Peroryctidae
Spiny Bandicoots
All species
 
Order Diprotodontia
Koalas, Wombats, Possums, Gliders, Kangaroos, Wallabies and Rat-kangaroos
Family Phascolarctidae
Koala
Phascolarctos cinereus
Koala
Family Vombatidae
Wombats
Lasiorhinus krefftii
Northern Hairy-nosed Wombat
Family Burramyidae
Pygmy-possums
Burramys parvus
Mountain Pygmy-possum
Family Petauridae
Gliders, Striped Possum and Leadbeater’s Possum
Dactylopsila spp.
Striped Possums
Gymnobelideus leadbeateri
Leadbeater’s Possum
Petaurus australis
Yellow-bellied Glider
Petaurus breviceps papuanus
Sugar Glider (New Guinean subspecies)
Petaurus gracilis
Mahogany Glider
Petaurus norfolcensis
Squirrel Glider
Family Pseudocheiridae
Ringtail Possums and Greater Glider
All species except Pseudocheirus peregrinus
 
Family Phalangeridae
Brushtail Possums, Cuscuses and Scaly-tailed Possums
Phalanger spp.
Cuscus
Spilocuscus spp.
Cuscus
Wyulda squamicaudata
Scaly-tailed possum
Family Hypsiprymnodontidae
Musky Rat-kangaroo
Hypsiprymnodon moschatus
Musky Rat-kangaroo
Family Potoroidae
Bettongs and Potoroos
Bettongia lesueur
Burrowing Bettong
Bettongia tropica
Northern Bettong
Potorous gilberti
Gilbert’s Potoroo
Potorous longipes
Long-footed Potoroo
Family Macropodidae
Kangaroos and Wallabies
Dendrolagus spp.
Tree Kangaroos
Dorcopsis spp.
Forest Wallabies
Lagorchestes hirsutus
Mala
Lagostrophus fasciatus
Banded Hare-wallaby
Macropus irma
Western Brush Wallaby
Onychogalea fraenata
Bridled Nailtail Wallaby
Petrogale spp.
Rock-wallabies
Order Notoryctemorphia
Marsupial Moles
All species
 
Eutherian mammals (Subclass Eutheria)—placental mammals
Order Soricomorphia
Shrews, Hedgehogs
All species
 
Order Scandentia
Tree-Shrews
All species
 
Order Pilosa
Sloths and Anteaters
All species
 
Order Cingulata
Armadillos
All species
 
Order Chiroptera
Flying-foxes and Insectivorous Bats
All species
 
Order Primates
Lorises, Bush-babies, Lemurs, Tarsiers, Marmosets, Tamarins, Monkeys and Apes
All species
 
Order Carnivora
Dogs, Bears, Raccoons, Weasels, Mongooses, Hyenas, Cats, Seals, Sea-lions and Walruses
All species except the following:
 
Canis familiaris
Domestic Dog
Felis catus
Domestic Cat
Mustela putorius
Domestic Ferret
Order Tubulidentata
Aardvark
Ocryctopus after
Aardvark
Order Sirenia
Dungogs and Manatees
All species
 
Order Proboscidea
Elephants
All species
 
Order Perissodactyla
Asses, Horses, Zebras, Tapirs and Rhinoceroses
All species except the following:
 
Equus asinus
Domestic Donkey
Equus caballus
Domestic Horse
Order Artiodactyla
Camels, Llamas, Pigs, Hippopotamuses, Deer, Giraffes, Cattle, Sheep, Antelopes and Peccaries
All species except the following:
 
Bos taurus
Domestic Cattle
Bos indicus
Domestic Cattle
Capra hircus
Domestic Goat
Lama glama
Llama
Lama pacos
Alpaca
Ovis aries
Domestic Sheep
Sus scrofa
Domestic Pig, Wild Boar
Order Rodentia
Squirrels, Beavers, Gophers, Mice, Rats, Porcupines and South American Cavy-like Rodents
All species except the following:
 
Notomys alexis and Pseudomys australis
 
Cavia porcellus
Guinea Pig
Mus musculus
House Mouse
Notomys alexis
Spinifex Hopping-mouse
Pseudomys australis
Plains Mouse
Rattus norvegicus
Norwegian Rat
Rattus rattus
Black Rat
Order Cetacea
Whales and Dolphins
All species
 
Part 7 Hybrids
A hybrid of which one parent is, or both parents are, of a species listed in Parts 1 to 6.
Schedule 3 Exemptions—animals used for riding or racing
(Clause 5 (1) (i))
Bos taurus and Bos indicus
Domestic Cattle
Camelus dromedarius
Arabian Camel
Canis lupus familiaris
Domestic Dog
Capra hircus
Domestic Goat
Equus caballus
Domestic Horse
Equus asinus
Domestic Donkey
Equus caballus x asinus
Domestic Mule
Schedule 4 Penalty notices
(Clause 44)
Column 1
Column 2
Provision
Penalty
Exhibited Animals Protection Act 1986
Section 12
$500
Section 18 (1)
$500
Section 19
$500
Section 22 (2)
$500
Section 24
$500
Section 31 (1)
$200
Section 31 (2) (a), (b) or (d)
$500
Section 44
$500
Section 45
$500
Exhibited Animals Protection Regulation 2010
Clause 19
$200
Clause 20
$200
Clause 21
$200
Clause 22
$200
Clause 23 (1)
$200
Clause 24 (2)
$200
Clause 25
$200
Clause 26
$200
Clause 27
$200
Clause 28
$200
Clause 29
$200
Clause 31 (1) (c)
$200
Clause 32
$200
Clause 34
$200
Clause 35 (2), (4), (5) or (7)–(9)
$200
Clause 36
$200
Clause 37
$200
Clause 39 (3)
$200