NATURE CONSERVATION (ANIMALS) REGULATION 2020

Queensland Consolidated Regulations

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NATURE CONSERVATION (ANIMALS) REGULATION 2020

- Made under the Nature Conservation Act 1992
- As at 1 September 2024
- Reg 136 of 2020

TABLE OF PROVISIONS

CHAPTER 1 - INTRODUCTION

PART 1 - PRELIMINARY

1. Short title
2. Commencement

PART 2 - INTERPRETATION

3. Definitions
4. Meaning of commercial purpose
5. Meaning of relevant person
6. References to categories of animals and classes of wildlife
7. Scientific names
8. Species includes subspecies
9. References relating to animal authorities
9A. Rounding of amounts expressed as numbers of fee units

PART 3 - APPLICATION OF REGULATION

10. Protected areas
11. Use of particular substances

CHAPTER 2 - CLASSIFICATION AND CATEGORISATION OF ANIMALS, DECLARED MANAGEMENT INTENT AND CONSERVATION VALUES

PART 1 - PRELIMINARY

12. Purpose of chapter

PART 2 - PROTECTED WILDLIFE

13. Extinct wildlife
14. Extinct in the wild wildlife
15. Critically endangered wildlife
16. Endangered wildlife
17. Vulnerable wildlife
18. Near threatened wildlife
19. Least concern wildlife

PART 3 - INTERNATIONAL WILDLIFE

20. International wildlife

PART 4 - CATEGORISATION OF ANIMALS

21. Categories of animals

PART 5 - CONSERVATION VALUES FOR PROTECTED ANIMALS

22. Conservation value for classes of protected animals—Act, s 95
23. Persons exempt from payment of conservation value—Act, s 95

CHAPTER 3 - DEALING WITH ANIMALS GENERALLY

PART 1 - PRELIMINARY

24. Purpose of chapter

PART 2 - PARTICULAR ENTITIES

25. Authorised keeper in another State
26. Authorised keeper in another country
27. Public service employees and contractors dealing with dead protected animals
28. Local government officers, rail government entity employees and contractors dealing with dead protected animals
29. Railway officers dealing with dead protected animals
30. Emergency service officers dealing with dead protected animals
30A. Persons dealing with dead protected animals at request of authorised person
31. Australian Defence Force members dealing with animals

PART 3 - ABORIGINAL TRADITION AND AILAN KASTOM

32. Marine turtle or dugong taken under Aboriginal tradition or Ailan Kastom
33. Keeping and using dead marine mammals

PART 4 - EDUCATION AND RESEARCH
Notes—

34. Keeping and using animals for education and research

PART 5 - STATE MUSEUMS

Division 1 - Authorised activities

35. Taking, keeping and using protected or international animals
36. Displaying animals at State museums
37. Moving animals to State museums

Division 2 - Restrictions on authority

38. Ways animals must be displayed
39. Handling dangerous or venomous animals

Division 3 - Record requirements

40. Record keeping

PART 6 - AIRPORTS

Division 1 - Preliminary

41. Definitions for part

Division 2 - Authorised activities

42. Taking animals

Division 3 - Record requirements

43. Record keeping

PART 7 - INTERACTIONS WITH ANIMALS IN THE WILD

Division 1 - Tin Can Bay dolphin feeding program

44. Definition for division
45. Commercial interactions with dolphins
46. Requirements relating to sick, injured or dead dolphins
47. Requirement to give report about activities

Division 2 - Other commercial interactions

48. Commercial interactions for marine parks generally

PART 8 - MOVEMENT OF ANIMALS
Note—

49. Moving dead protected animals
50. Moving protected animals for private reasons
51. Moving protected animals to and from display
52. Moving dead protected animals to particular holders

PART 9 - EXEMPT ANIMALS

53. Keeping and using exempt animals
54. Breeding mutation of exempt animals

PART 10 - SICK, INJURED, ORPHANED OR DEAD ANIMALS

Division 1 - Sick, injured or orphaned animals generally

55. Dealing with sick, injured and orphaned protected animals
56. Requirement to notify chief executive or give animal away
57. Requirement to comply with directions of conservation officer

Division 2 - Authorisations for veterinary treatment

58. Veterinary surgeons treating animals
58A. Veterinary surgeons giving away biological samples
59. Moving animals to and from veterinary surgeon

Division 3 - Dead animals

60. Moving dead sampled or implanted animals
60AA. Veterinary surgeons performing or supervising autopsies
60A. Veterinary surgeons giving away dead animals

PART 11 - FLYING-FOXES
Note—

61. Local governments dealing with flying-foxes
62. Low impact activities affecting a flying-fox roost

PART 12 - AMPHIBIANS

63. Dealing with amphibians

PART 13 - REPTILES

64. Dealing with reptiles
65. Requirement to notify chief executive and comply with directions

PART 14 - FISH

66. Dealing with particular fish for non-commercial purposes
66A. Dealing with particular fish regulated under Fisheries Act 1994

PART 15 - NATURAL PRODUCTS

67. Taking and keeping natural products for non-commercial purposes

CHAPTER 4 - DEALING WITH ANIMALS UNDER ANIMAL AUTHORITIES

PART 1 - PRELIMINARY

68. Purpose of chapter
69. Inconsistency between regulation and conservation plan
70. Relationship between different authorisations under animal authorities

PART 2 - PROVISIONS APPLYING TO ALL ANIMAL AUTHORITIES

Division 1 - General limitations on authorities

71. Animals must be lawfully obtained or introduced
72. Animal authorities limited to live or dead animals

Division 2 - Taking animals

73. Taking animals by killing

Division 3 - Movement of animals
Note—

74. Moving animals to particular authorised buyers
75. Moving animals from interstate sellers
76. Moving animals for private reasons
77. Moving live animals to and from veterinary surgeon
77A. Moving dead animals to and from veterinary surgeon for autopsy

Division 4 - General conditions

Subdivision 1 - Preliminary

78. Purpose of division

Subdivision 2 - Inspection of authorities and identification

79. Animal authority or identification must be available for inspection

Subdivision 3 - Notification of changes

80. Notification of particular changes

Subdivision 4 - Buying, accepting, receiving, selling and giving away animals

81. Buying, accepting and receiving animals
82. Selling and giving away animals generally
83. Selling, giving away and moving dependent animals

Subdivision 5 - Keeping animals

84. Display of animal authority if animal displayed at particular places
85. Housing and caring for live protected animals
86. Sampling or implanting animals
87. Dealing with kept animals after death—sampled or implanted animals
88. Dealing with kept animals after death—other animals

PART 3 - STANDARD LICENCES

Division 1 - Grant and restrictions on grant

89. Grant of licence
90. Restrictions on grant

Division 2 - Activities authorised under licence

91. Keeping and using animals
92. Taking and keeping food reptiles to feed kept reptiles
93. Moving animals to and from authorised display

Division 3 - Conditions

94. Purpose of division
95. Way animal must be kept and used
96. Breeding animals
97. Particular animals must be kept for minimum period
98. Record keeping
99. Return of operations

PART 4 - SPECIALISED LICENCES

Division 1 - Grant and restrictions on grant

100. Grant of licence
101. Restrictions on grant

Division 2 - Activities authorised under licence

102. Keeping and using animals
103. Taking and keeping food reptiles to feed kept reptiles
104. Moving animals to and from authorised display
105. Moving animals to and from recreational bird or herpetological society
106. Breeding mutation of protected amphibian, bird or reptile

Division 3 - Conditions

107. Purpose of division
108. Way animal must be kept and used
109. Breeding animals
110. Particular animals must be kept for minimum period
111. Record keeping
112. Return of operations

PART 5 - ADVANCED LICENCES

Division 1 - Grant and restrictions on grant

113. Grant of licence
114. Restrictions on grant

Division 2 - Activities authorised under licence

115. Keeping and using animals
116. Taking and keeping food reptiles to feed kept reptiles
117. Moving animals to and from residence to provide care
118. Moving animals to and from authorised display
119. Moving animals to and from recreational bird or herpetological society
120. Breeding mutation of protected amphibian, bird or reptile

Division 3 - Conditions

121. Purpose of division
122. Way animal must be kept and used
123. Notification of excess dangerous animals
124. Breeding dangerous animals
125. Record keeping
126. Return of operations

PART 6 - HARVESTING LICENCES

Division 1 - Grant and restrictions on grant

127. Grant of licence
128. Restrictions on grant

Division 2 - Activities authorised under licence

129. Taking, keeping and using animals
130. Selling and giving away animals
131. Moving animals between particular places

Division 3 - Conditions

132. Purpose of division
133. Way animal to be taken
134. Dealing with carcass of animal taken by killing
135. Record keeping
136. Return of operations

PART 7 - DEALER LICENCES

Division 1 - Grant and restrictions on grant

137. Grant of licence
138. Restrictions on grant

Division 2 - Activities authorised under licence

139. Keeping and using animals

Division 3 - Conditions

140. Purpose of division
141. Record keeping
142. Return of operations

PART 8 - INTERACTION LICENCES

Division 1 - Grant and restrictions on grant

143. Grant of licence
144. Restrictions on grant

Division 2 - Activities authorised under licence

145. Commercial interactions

Division 3 - Conditions

146. Purpose of division
147. Compliance with approved interaction plan
148. Record keeping

PART 9 - FARMING LICENCES

Division 1 - Grant and restrictions on grant

149. Grant of licence
150. Restrictions on grant

Division 2 - Activities authorised under licence

151. Keeping and using animals
152. Displaying animals
153. Moving animals to or from other licensed premises
154. Moving live animals to and from display

Division 3 - Conditions

155. Purpose of division
156. Identifying animal taken from the wild
157. Displaying animals
158. Handling dangerous animals
159. Record keeping
160. Return of operations

PART 10 - DAMAGE MITIGATION PERMITS

Division 1 - Grant and restrictions on grant

161. Grant of permit
162. General restrictions on grant
163. Restrictions on grant of permit to prevent damage or loss
164. Restrictions on grant of permit to prevent damage or loss by flying-foxes
165. Restrictions on grant of permit to prevent or minimise threat to health or wellbeing

Division 2 - Activities authorised under permit

166. Taking animals
167. Killing dependent flying-foxes
168. Releasing animals
169. Dealing with animal breeding place

Division 3 - Conditions

170. Purpose of division
171. Way animals to be taken
171A. Way flying-foxes to be taken
172. Return of operations

PART 11 - FLYING-FOX ROOST MANAGEMENT PERMITS

Division 1 - Grant and restrictions on grant

173. Grant of permit
174. General restrictions on grant
175. Restrictions on grant of permits to prevent damage or loss
176. Restrictions on grant of permits to prevent or minimise threat to health or wellbeing

Division 2 - Activities authorised under permit

177. Destroying etc. of flying-fox roosts

Division 3 - Conditions

178. Purpose of division
178A. Way flying-fox roost action to be taken
179. Return of operations

PART 12 - EDUCATIONAL PURPOSES PERMITS

Division 1 - Grant and restrictions on grant

180. Grant of permit
181. Restrictions on grant

Division 2 - Activities authorised under permit

182. Taking, keeping and using animals
183. Moving animals

Division 3 - Conditions

184. Purpose of division
185. Return of operations

PART 13 - PERMITS TO KEEP

Division 1 - Grant and restrictions on grant

186. Grant of permit
187. Prohibition on grant of permit for crocodiles
188. Restriction on grant of permit for protected animal taken under rehabilitation permit
189. Restriction on grant of permit for animal from another State
189A. Restriction on grant of permit for animal obtained and kept when not protected
190. Restriction on grant of permit for protected, international or prohibited animal kept under ended authority
191. Restriction on grant of permit to holders of farming licence

Division 2 - Activities authorised under permit

192. Keeping animals
193. Moving animal to another holder
194. Moving animal to zoological institution
195. Moving imprinted bird

Division 3 - Conditions

196. Purpose of division
197. Breeding animals
198. Record keeping
199. Return of operations

PART 14 - REHABILITATION PERMITS

Division 1 - Grant and restrictions on grant

200. Grant of permit
201. Restrictions on grant

Division 2 - Activities authorised under permit

202. Obtaining and keeping animals
203. Taking and keeping dead animals to feed birds of prey
204. Displaying animals
205. Releasing animals
205A. Giving away biological samples
206. Moving animals

Division 3 - Conditions

207. Purpose of division
208. Way animal must be kept
209. When to release animals
210. (Repealed)

PART 15 - RESEARCH PERMITS

Division 1 - Grant and restrictions on grant

211. Grant of permit
212. General restrictions on grant
213. Restriction on grant of permit for taking protected animals
214. Restriction on grant of permit for particular mammals

Division 2 - Activities authorised under permit

215. Taking, keeping and using animals
216. Giving away animals and biological samples
217. Moving animals

Division 3 - Conditions

217A. Purpose of division
217B. Return of operations

PART 16 - MOVEMENT PERMITS

Division 1 - Grant and restrictions on grant

218. Grant of permit
219. General restrictions on grant
220. Restrictions for movements into or out of the State
221. Restrictions for movement of prescribed protected animal

Division 2 - Activities authorised under permit

222. Moving animals

PART 17 - LEAST CONCERN ANIMAL COLLECTION AUTHORITIES

Division 1 - Grant and restrictions on grant

223. Grant of authority
224. Restriction on grant

Division 2 - Activities authorised under authority

225. Taking and keeping animals
226. Moving animals

Division 3 - Conditions

227. Purpose of division
228. Return of operations

PART 18 - DEAD ANIMAL COLLECTION AUTHORITIES

Division 1 - Grant and restrictions on grant

229. Grant of authority
230. Restriction on grant

Division 2 - Activities authorised under authority

231. Keeping and using animals

Division 3 - Conditions

232. Purpose of division
233. Record keeping

CHAPTER 5 - MANAGING ANIMAL AUTHORITIES

PART 1 - RESTRICTIONS ON GRANT FOR ALL AUTHORITIES

234. Restrictions on grant

PART 2 - APPLICATIONS FOR AUTHORITIES

Division 1 - Making applications

235. Requirements for application

Division 2 - Suitability

236. Purpose of division
237. Definitions for division
238. Suitability based on convictions
239. Suitability based on other matters
240. Accumulation of demerit points

Division 3 - Considering applications

241. Matters chief executive must consider
242. Chief executive may require further information or document
243. Amending application

Division 4 - Deciding application

244. Chief executive to decide application
245. Steps to be taken after application decided
246. Continuing obligations relating to keeping and using animals
247. Continuing obligations relating to particular interstate movements

PART 3 - FORM OF AUTHORITIES

248. Form
249. Matters to be stated in animal authority
250. Stating species on animal authority
251. Meaning of number on animal authority

PART 4 - TERM OF AUTHORITIES

252. Term
253. Maximum term for licences
254. Maximum term for permits
255. Maximum term for collection authorities

PART 5 - RENEWAL OF PARTICULAR LICENCES

256. Definitions for part
257. Application of part
258. Application for renewal
259. Existing licence continues in effect until application decided
260. Considering and deciding application
261. When intended activities are not substantially the same as existing activities
262. Steps to be taken after application decided

PART 6 - AMENDMENT, SUSPENSION OR CANCELLATION OF AUTHORITIES

Division 1 - Minor amendments

263. Minor amendments by chief executive

Division 2 - Amendments by application

264. Application of division
265. Application for amendment
266. Chief executive may require further information or document
267. Amending application
268. Considering and deciding application
269. Steps to be taken after application decided

Division 3 - Non-immediate amendments by chief executive

270. Grounds for amendment
271. Procedure for amendment

Division 4 - Immediate amendment or suspension by chief executive

272. Safety and conservation grounds
273. Failure to pay fee or give return

Division 5 - Non-immediate suspension or cancellation by chief executive

274. Grounds
275. Procedure

Division 6 - Return of authorities

276. After amendment
277. After suspension
278. After cancellation

PART 7 - REPLACEMENT AND SURRENDER OF AUTHORITIES

279. Replacement
280. Surrender

CHAPTER 6 - MARINE MAMMALS

PART 1 - PRELIMINARY

281. Meaning of no approach zone
282. Meaning of caution zone
282A. Meaning of aircraft—Act, schedule
283. Meaning of prescribed distance for prohibited vessel or aircraft
284. Meaning of prescribed distance for person entering or in water

PART 2 - MARINE MAMMAL SPECIAL MANAGEMENT DECLARATIONS

Division 1 - Preliminary

285. Definition for part

Division 2 - Marine mammal special management areas

286. Permanent marine mammal special management areas
287. Temporary marine mammal special management areas
288. Form of temporary marine mammal special management area declaration
289. Term of temporary marine mammal special management area declaration
290. Extension of period of temporary marine mammal special management area declaration
291. Revocation of temporary marine mammal special management area declaration

Division 3 - Special marine mammals

292. Definition for division
293. Permanent special marine mammals
294. Temporary special marine mammals
295. Effect of declaration for a relevant group of marine mammals
296. Form of temporary special marine mammal declaration
297. Term of temporary special marine mammal declaration
298. Revocation of temporary special marine mammal declaration

PART 3 - DEALING WITH MARINE MAMMALS

Division 1 - Preliminary

299. Application of part

Division 2 - Approvals

300. Approved filming

Division 3 - Restrictions for permitted boats

Subdivision 1 - General restrictions

301. Speed limit
302. Affecting path of marine mammal
303. Dividing a group of particular marine mammals

Subdivision 2 - No approach zones and caution zones

304. Entering no approach zone
305. Entering caution zone
306. Movement of whale or dugong into no approach zone
307. Movement of whale or dugong into caution zone
308. Movement of dolphin into no approach zone or caution zone
309. Marine mammal showing signs of being disturbed

Division 4 - Aircraft and prohibited vessels

310. Prohibited vessels
311. Helicopters
312. Other aircraft

Division 5 - Other restrictions

313. People entering or in water
314. Prohibited activities in temporary marine mammal special management area
315. Other prohibited interactions

PART 4 - STRANDED MARINE MAMMALS

316. Powers of conservation officer relating to stranded marine mammals—Act, s 154
317. Authorised taking, keeping or use of a dead, stranded marine mammal

CHAPTER 7 - OTHER OFFENCES

PART 1 - ANIMAL AUTHORITIES

318. Compliance with conditions of animal authority

PART 2 - EXHIBITED ANIMAL AUTHORITIES

319. Sampling or implanting animals
320. Dealing with kept animals after death—sampled or implanted animals

PART 3 - TAKING, KEEPING AND USING ANIMALS

321. Use of animals to take protected animals
322. Use of poison or adhesive substance in way that may take protected animals
323. Accidental taking of marine mammal or marine turtle
324. Accidental taking of protected shark
325. Procedure if animal stolen

PART 4 - HOUSING AND CARE OF ANIMALS

326. Housing and care of live protected animals
327. Chief executive may require alteration of cage or enclosure or surrender of animal

PART 5 - MOVEMENT OF ANIMALS

328. Moving live protected animals in containers
329. Information to accompany animal sold or given away
330. Effect of movement requirements on authorisation

PART 6 - INTERACTIONS WITH AND RELEASE OF ANIMALS

331. Meaning of commercial interaction
332. Commercial interactions with live protected animals
333. Feeding native animals in the wild
333A. Keeping food away from dingoes on K’gari
334. Disturbing particular native animals in the wild
335. Tampering with animal breeding place
336. Releasing animals

CHAPTER 8 - RECORDS, RETURNS OF OPERATIONS AND APPROVED TAGS

PART 1 - PRELIMINARY

337. Definitions for chapter

PART 2 - GENERAL REQUIREMENTS FOR RECORDS AND RETURNS OF OPERATIONS

338. Information must be complete, accurate and legible
339. Notice of theft, loss or destruction of, or damage to, record or return of operations
340. Tampering with records or returns of operation
341. Approved person may keep records and give returns of operations

PART 3 - RECORDS

342. How records must be kept
343. Request for record book or approval of electronic record system
344. Where non-online records or copies must be kept
345. Keeping, inspecting and surrendering particular records
346. Information that must be included in record
347. When information must be included

PART 4 - RETURNS OF OPERATIONS

348. Giving of return of operations
349. Way and how long return of operations must be kept

PART 5 - APPROVED TAGS

Division 1 - Supply and approval of tags

350. Chief executive may supply or approve tags for use
351. Nature of approved tags supplied by chief executive

Division 2 - Use of approved tags

352. Using approved tags generally
353. Approved tags not to be used by unauthorised person
354. Tampering with approved tags
355. Recall of approved tags supplied by chief executive

CHAPTER 9 - FEES

PART 1 - FEES PAYABLE

356. Application of chapter
357. Fees generally

PART 2 - EXEMPTIONS

358. Exemption for harvesting licence for racing lizards
359. Exemption for approved tags for racing lizards
360. Exemption for particular farming licences
361. Exemption for particular permits to keep
362. Exemption for dead animal collection authority

PART 3 - RECOVERY OF FEES

363. Proceedings for recovery

PART 4 - REFUND OF FEES

364. Refund of fees in particular circumstances

CHAPTER 10 - MISCELLANEOUS

PART 1 - POWERS OF CONSERVATION OFFICERS

365. Powers of conservation officer in relation to kept animals—Act, s 154

PART 2 - SAMPLING OR IMPLANTING ANIMALS

366. Sampling or implanting animals

PART 3 - PROCESSED PRODUCTS

367. Processed products—Act, schedule, definition protected animal

PART 4 - URBAN FLYING-FOX MANAGEMENT AREA MAP

Division 1 - Preliminary

368. Definitions for part

Division 2 - Making, publishing and accessing map

369. Making and keeping map
370. Public access to map

Division 3 - Amending the map

371. Amending map on application by local government
372. Amending map in other circumstances

Division 4 - Map or amendment taking effect

373. When map or amendment takes effect

PART 5 - SUPPLY OF APPROVED ELECTROMAGNETIC IMPLANTS, SAMPLING CONSUMABLES AND MOVEMENT ADVICES

374. Supply of approved electromagnetic implants and sampling consumables
375. Supply of movement advices

PART 6 - (Repealed)

CHAPTER 11 - (Repealed)

CHAPTER 12 - REPEALS AND TRANSITIONAL PROVISIONS

PART 1 - REPEALS

397. Repeals

PART 2 - TRANSITIONAL PROVISIONS FOR SL NO. 136 OF 2020

Division 1 - Preliminary

398. Definitions for part
399. Meaning of corresponding animal authority

Division 2 - Existing wildlife authorities for animals

400. Existing wildlife authorities for animals continued
401. Additional record keeping conditions for transitioned authorities
402. Existing amendments or suspensions continued
403. Term of transitioned authorities
404. Renewal of transitioned authorities

Division 3 - Existing applications for wildlife authorities for animals and internal review

405. Undecided applications for wildlife authorities for animals
406. Undecided applications or entitlements for internal or external review

Division 4 - Continuing authority to keep particular protected animals

407. Least concern amphibians
408. Protected scorpions and spiders

Division 5 - Declarations and approvals relating to marine mammals

409. Existing temporary special management area continued
410. Existing temporary special management marine mammal
411. Authority to film marine mammals

Division 6 - Record keeping and supplied and approved tags

412. Particular existing records
413. Supplied or approved tags
414. Approvals about use or transfer of tags

Division 7 - Urban flying-fox management area map

415. Continuation of existing map
416. Undecided applications for amendment of map

Division 8 - Other authorities, applications, invitations and notices

417. Other authorities
418. Other undecided applications, invitations, requests, notices and notifications

Division 9 - Seized things

419. Seized things

Division 10 - References in documents

420. References to repealed regulations
421. References to particular categories of animals

PART 3 - TRANSITIONAL PROVISION FOR NATURE CONSERVATION AND OTHER LEGISLATION AMENDMENT REGULATION 2021

422. Prescribed period for particular returns of operations for existing research permits

PART 4 - TRANSITIONAL PROVISION FOR NATURE CONSERVATION AND OTHER LEGISLATION AMENDMENT REGULATION (NO. 2) 2021

423. Continuing application of former s 239 to existing applications

PART 5 - TRANSITIONAL PROVISION FOR NATURE CONSERVATION AND OTHER LEGISLATION AMENDMENT REGULATION 2022

424. Undecided applications for licences and permits

PART 6 - TRANSITIONAL PROVISION FOR NATURE CONSERVATION AND OTHER LEGISLATION AMENDMENT REGULATION (NO. 2) 2022

425. Existing demerit points continue

PART 7 - TRANSITIONAL PROVISIONS FOR NATURE CONSERVATION AND OTHER LEGISLATION AMENDMENT REGULATION 2023

426. Definitions for part
427. Application of new ss 163 and 164 to existing applications for damage mitigation permits
428. Application of new ss 171 and 171A to existing damage mitigation permits
429. Application of new s 178A to existing flying-fox roost management permits
430. Applications for damage mitigation permits made, but not decided, on 1 July 2026
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7

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