Queensland Consolidated Regulations

NATURE CONSERVATION (ANIMALS) REGULATION 2020 - REG 234

234 Restrictions on grant

(1) The chief executive must not grant an animal authority to an applicant if—

(a) for an applicant that is a corporation—the applicant does not have an office in the State; or

(b) for an applicant who is an individual—the applicant is under 13 years, unless a provision of this regulation provides otherwise; or

(c) a conservation plan prohibits the grant of the authority in the applicant’s circumstances; or

Examples—

• a harvesting licence for estuarine crocodile eggs must not be granted in contravention of the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018 , section 36

• a dealer licence for dead macropods must not be granted in contravention of the Nature Conservation (Macropod) Conservation Plan 2017 , section 15

(d) the applicant is not a suitable person to hold the authority; or

Note—

See also part 2 , division 2 .

(e) the activities proposed to be carried out under the authority are likely to adversely affect—

(i) the conservation of native wildlife; or

(ii) the ecological sustainability of native wildlife; or

(f) an animal to which the authority would apply has been unlawfully taken, kept or used; or

(g) for an authority to take, keep or use a protected animal in a dugong protection area—the taking, keeping or use of the animal is likely to—

(i) significantly reduce the local dugong population; or

(ii) significantly harm dugong habitat; or

(h) for an authority to keep a protected animal—the proposed premises is not appropriate, or does not have appropriate facilities, for keeping the animal.

Examples of places that are not appropriate, or do not have appropriate facilities, for keeping animals—

• a place that does not have facilities enabling a person to keep an animal at the place in a way that complies with requirements about housing the animal under this regulation

• a place that does not comply with requirements, under this regulation, for places where activities under animal authorities of the same type are to be carried out

(2) However, subsection (1) (a) does not apply in relation to a movement permit.

(3) The chief executive must not grant an animal authority to a child unless—

(a) the child lives at the proposed premises; and

(b) the child’s parents live at the proposed premises; and

(c) the chief executive is satisfied the child’s parents will supervise the child while the child is carrying out activities under the authority.

(4) The chief executive must not grant an animal authority for more than 1 licensed premises unless the chief executive is satisfied it is necessary for the holder of the authority to carry out activities under the authority at each premises.

Example of when chief executive may be satisfied—

a veterinary surgeon carrying out veterinary activities at both the surgeon’s veterinary premises and place of residence

(5) In this section—

"dugong protection area" means regulated waters under the Fisheries Declaration 2019 , chapter 2 with a name that includes either of the following terms—

(a) greater dugong protection area;

(b) dugong protection area.

Note—

See also chapter 4 , parts 3 to 18 , for other restrictions on grants for particular animal authorities.