Queensland Consolidated Regulations

NATURE CONSERVATION (ANIMALS) REGULATION 2020 - SCHEDULE 7

SCHEDULE 7 – Dictionary

"accept" , an animal, does not include a transfer of possession of the animal between the holder of an animal authority for the animal and a relevant person for the holder.

"affected person" ...

"aircraft" ...

"airport" , for chapter 3 , part 6 , see section 41 .

"animal authority" means a licence, permit or authority mentioned in chapter 4 , parts 3 to 18 .

"animal breeding place" , of an animal, means a bower, burrow, cave, hollow, nest or other thing that is commonly used by the animal to incubate or rear the animal’s offspring.

"animal record particulars" , for an animal, for chapter 8 , see section 337 .

"approved captive breeding program" , for an animal or species of animal, means a program for the captive breeding of the animal or species that has been approved by the chief executive.

"approved electromagnetic implant" means an electromagnetic implant approved by the Minister for use on animals for identification purposes.

"approved electronic record system" , for chapter 8 , see section 337 .

"approved form" ...

"approved interaction plan" , for an animal, means a plan that is—

(a) about interacting with the animal or animals of the same species; and

(b) approved by the chief executive.

(a) for schedule 5 —see schedule 5 , part 1 ; or

(b) otherwise—see section 350 (5) .

(a) identified on the authority under section 249 (1) (g) or 250 ; and

(b) if section 251 applies to the animal—to which the authority applies under section 251 (2) .

(a) is not conducted for a commercial purpose; and

(b) lasts for no longer than 11 days.

(a) giving public information about the ecological role of the animal;

(b) promoting education about, and the conservation of, the animal;

(c) promoting an understanding of ecology and the conservation of the animal.

(a) is authorised to sell or give away the animal under a law of another State; and

(b) does not hold an animal authority authorising the person to sell or give away the animal.

(a) has been approved or made by the chief executive under section 174A of the Act ; and

(b) relates to animals of the same species as the animal, to the extent the code of practice states the way in which—

(i) the animals may be taken, kept or used; or

(ii) a person may interact with the animals.

(a) approach, harass, harm, lure, pursue, tease or touch the animal; and

(b) attempt to do an act mentioned in paragraph (a) .

(a) that is able to be remotely piloted or programmed to autonomously fly a particular route; but

(b) that is not capable of transporting a person.

(a) an approved education and care service under the Education and Care Services National Law (Queensland) ; or

(b) a QEC approved service under the Education and Care Services Act 2013 ; or

(c) a State educational institution or non-State school under the Education (General Provisions) Act 2006 ; or

(d) a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) ; or

(e) a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth) .

(a) scientific research at an institution administered by—

(i) the Commonwealth or a State; or

(ii) an entity that is involved in scientific research; or

(b) teaching at an educational institution.

(a) the same species of animal is stated in the authority within the meaning of section 249 (1) (g) or 250 ; but

(b) the taking, keeping or using of the animal means the holder or person has more than the stated number of animals for the authority, within the meaning of section 251 (2) .

(a) using food to tease or lure the animal; and

(b) discarding or leaving edible rubbish or scraps near the animal; and

(c) attempting—

(i) an act mentioned in paragraph (a) or (b) ; or

(ii) to otherwise feed the animal.

(a) Carlia decora;

(b) Carlia pectoralis;

(c) Carlia rubigo;

(d) Carlia vivax;

(e) Cryptoblepharus adamsi;

(f) Cryptoblepharus australis;

(g) Cryptoblepharus metallicus;

(h) Cryptoblepharus pannosus;

(i) Cryptoblepharus pulcher;

(j) Cryptoblepharus virgatus;

(k) Ctenotus robustus;

(l) Lampropholis delicata;

(m) Morethia boulengeri.

(a) means the person to whom the authority was granted; and

(b) includes the person who held the authority immediately before it ended.

(a) in relation to the taking of an animal—taking the animal in a way that complies with the Animal Care and Protection Act 2001 ; or

(b) in relation to interacting with an animal—interacting with the animal in a way that complies with the Animal Care and Protection Act 2001 .

(a) for an electromagnetic implant—a sequence of letters and numbers produced by the implant to identify the implant; or

(b) for a tag—a sequence of letters and numbers that identify the tag.

(a) a landholder; or

(b) the State, an entity representing the State, or a local government, to the extent the State, entity or local government—

(i) has in interest in public land under its management; or

(ii) is otherwise responsible for the management or development of public land.

(a) for a marine mammal special management area—

(i) a permanent marine mammal special management area declaration; or

(ii) a temporary marine mammal special management area declaration; or

(b) for a special marine mammal—

(i) a permanent special marine mammal declaration; or

(ii) a temporary special marine mammal declaration.

Examples—

a diver propulsion vehicle, an underwater scooter

Examples of stops necessary or incidental for a journey—

• a stop ordinarily made by persons in transit for food, rest, bathing or using toilet facilities

• a stop for feeding, cleaning or resting an animal being transported

• a stop for placing an animal to be moved to another country in quarantine

• a stop for placing a live animal to be moved to another country in facilities to acclimatise the animal for the other country’s conditions

Examples of natural products—

1 feathers of a bird that the bird naturally sheds or loses

2 skin of a snake that is naturally shed by the snake

3 teeth of a snake that are naturally excreted in the faeces of the snake

(a) a person who exercises parental responsibility for the child, other than a person standing in the place of a parent of the child on a temporary basis; and

(b) for an Aboriginal child—a person who, under Aboriginal tradition, is regarded as a parent of the child; and

(c) for a Torres Strait Islander child—a person who, under Ailan Kastom, is regarded as a parent of the child.

(a) the person in command of the boat, vessel, or aircraft; or

(b) the person who appears to be in control or command of the boat, vessel, or aircraft.

(a) for a prohibited vessel or aircraft—see section 283 ; or

(b) for a person entering or in water—see section 284 .

(a) if a conservation plan includes a definition of a ‘prescribed natural habitat’ for the animal—a habitat within the meaning of the definition; or

Note—

For koalas, see the Nature Conservation (Koala) Conservation Plan 2017 , schedule 2 .

(b) if paragraph (a) does not apply—a natural habitat that is appropriate for the animal.

(a) a protected animal that is a live mammal; or

(b) a protected animal that is a fertilised egg of a mammal.

(a) a place, or part of a place, that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or

(b) a place, or part of a place, other than a place of residence or part of a place of residence, the occupier of which allows members of the public to enter, whether or not on payment of money.

(a) Tiliqua rugosa (shingle back); or

(b) Pogona vitticeps (central bearded dragon).

(a) a record book supplied by the chief executive; and

(b) includes a record and return book.

(a) means a document stating what research and management is necessary to—

(i) stop the decline of the animal in the wild; or

(ii) support the recovery of the animal in the wild; or

(iii) enhance the chance of long-term survival of the animal in the wild; and

(b) includes a recovery plan made or adopted under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , section 269A .

(a) is an incorporated association; and

(b) has, as its main function, the keeping and breeding of the same species of birds, reptiles or amphibians.

(a) a biological sample has been taken or given in compliance with a notice mentioned in section 366 (2) ; or

(b) an approved electromagnetic implant has been inserted in compliance with a notice mentioned in section 366 (3) ; or

(c) an identification code for an approved electromagnetic implant has been given in compliance with a notice mentioned in section 366 (3) .

(a) an echidna (Tachyglossus aculeatus);

(b) a koala (Phascolarctos cinereus);

(c) a platypus (Ornithorhynchus anatinus);

(d) a wombat (Family Vombatidae).

(a) is owned or administered by the State; and

(b) has, as a function, the preservation of information in any branch of the natural sciences about animals.

(a) means the mammal is—

(i) aground on a shore; or

(ii) in a helpless state; or

Examples of a marine mammal in a helpless state—

• an entangled marine mammal

• an incapacitated marine mammal

(iii) sick, injured or dead; and

(b) includes a marine mammal at risk of becoming a marine mammal mentioned in paragraph (a) .

(a) means an animal capable of producing venom; but

Example—

A reptile of the family Elapidae

(b) does not include an animal—

(i) that is not capable of introducing the venom it produces into an individual; or

Examples—

• an animal with its fangs or sting removed

• an animal that is not capable of biting an individual because of the animal’s small jaw size

(ii) an animal whose venom would not, in usual quantities, be lethal to, or seriously injure, an individual who is not particularly susceptible to the venom.

Example—

a spider of the family Theraphosidae

(a) veterinary premises under the Veterinary Surgeons Act 1936 ; or

(b) premises in another State lawfully used by a veterinary surgeon to practise as a veterinary surgeon.

(a) the Veterinary Surgeons Act 1936 ; or

(b) a corresponding law of another State.

(a) the voluntary rehabilitation of sick, injured or orphaned protected animals and, if possible, the return of the animals to the wild; and

(b) the conservation of native animals.

(a) starting at the beginning of any day; and

(b) ending—

(i) immediately before the beginning of the corresponding day of the following 12-month period; or

(ii) if the period started on 29 February—at the end of 28 February of the following 12-month period.