South Australian Numbered Regulations South Australian Numbered RegulationsSchedule 8—Revocation and transitional provisions
Part 1—Preliminary
In this Schedule—
the revoked regulations means the National Parks and Wildlife (Wildlife) Regulations 2016 .
Part 2—Revocation of National Parks and Wildlife (Wildlife) Regulations 2016
The National Parks and Wildlife (Wildlife) Regulations 2016 are revoked.
Part 3—Transitional provisions
(1) A section 53 permit headed as a "Basic Protected Animals Rescue Permit" or "Specialist Protected Animals Rescue Permit"—
(a) granted for a period commencing before, and ending after, the commencement of these regulations; and
(b) in force immediately before that commencement,
will not be taken to be a Protected Animals Rescue Permit for the purposes of these regulations.
(2) A section 53 and 55 permit entitled "Permit to Trap and Release (Possum)" (or words to the same effect) that permits the holder to trap and relocate possums—
(a) granted for a period commencing before, and ending after, the commencement of these regulations; and
(b) in force immediately before that commencement; and
(c) that is subject to a condition requiring the provision of a separate return with details relating to building type, nature of damage, installation of possum nest boxes, the health of captured animals and other matters,
will be taken to be a Wildlife Management (Controller) permit for the purposes of these regulations.
(3) A section 53 and 55 permit entitled "Permit to Trap and Release (Possum)" (or words to the same effect) that permits the holder to trap and relocate possums—
(a) granted for a period commencing before, and ending after, the commencement of these regulations; and
(b) in force immediately before that commencement; and
(c) that is not subject to a condition requiring a separate return with the details referred to in subclause (2)(c),
will not be taken to be a Wildlife Management (Controller) permit or a Trap and Release Protected Animals permit for the purposes of these regulations.
(4) A section 58 permit that was a class 1 or 3 permit for the purposes of the revoked regulations—
(a) granted for a period commencing before, and ending after, the commencement of these regulations; and
(b) in force immediately before that commencement,
will be taken to be, for the purposes of these regulations—
(c) if the use of animals on an ongoing basis in displays or wildlife demonstrations (among other things) at temporary locations within the State was authorised pursuant to the permit immediately before the commencement of these regulations—a section 58 permit that is a class 5 permit; or
(d) if the use of animals on an ongoing basis in displays or wildlife demonstrations (among other things) at a permanent facility (or at a permanent facility as well as at temporary locations within the State) was authorised pursuant to the permit immediately before the commencement of these regulations—a section 58 permit that is a class 4 permit; or
(e) in any other case—
(i) if the permit was a class 1 permit—a section 58 permit that is a class 1 permit; or
(ii) if the permit was a class 3 permit—a section 58 permit that is a class 3 permit.
(5) A section 58 permit that was a class 10 or 11 permit, or a section 60C permit that was a class 12 permit, for the purposes of the revoked regulations—
(a) granted for a period commencing before, and ending after, the commencement of these regulations; and
(b) in force immediately before that commencement,
will be taken to be a section 58 or 60C permit of the same class (as the case requires) for the purposes of these regulations.
(6) Nothing in this clause will be taken to vary the protected animals, or carcasses or eggs of protected animals, that may be taken, kept or sold pursuant to a permit—
(a) granted for a period commencing before, and ending after, the commencement of these regulations; and
(b) in force immediately before that commencement.
4—Requirements under revoked regulations to provide or keep record books, returns or information, or to make entries etc
(1) Subject to these regulations, if, under a provision of the revoked regulations for which there is a substantially corresponding provision in these regulations, a person was required to—
(a) provide a record book (or copy of a record book), or a return or information, to the Director; or
(b) make an entry in a record book or return,
within a specified period, and that period did not end before the commencement of these regulations, and the requirement was not complied with before the commencement of these regulations, then, on the commencement of these regulations, the requirement will instead be taken to be a requirement under the corresponding provision of these regulations to provide the book (or copy), return or information, or make the entry, (in the manner and form required by the revoked regulations) within the portion of the period that remains after the commencement of these regulations.
(2) If the period referred to in subclause (1) extends beyond the expiry or revocation of the permit to which the requirement relates, this clause applies despite that expiry or revocation.
(3) Subject to these regulations, if a person was, immediately before the commencement of these regulations, required under regulation 9(5) or (7) of the revoked regulations to keep a record book or copy of a return, then the requirement to which the person was subject will, on the commencement of these regulations, be taken to be a requirement to keep the book or copy of a return in accordance with regulation 10 or 15 of these regulations (as the case requires).
5—Requirements under revoked regulations to keep animals, carcasses or eggs for specified periods
Subject to these regulations, if a person was, immediately before the commencement of these regulations—
(a) prohibited under regulation 9(13) or (14) of the revoked regulations from selling or giving an animal; or
(b) prohibited under regulation 16(2) of the revoked regulations from disposing of a protected animal, or the carcass or egg of a protected animal,
for a specified period, and that period did not end before the commencement of these regulations, then, on the commencement of these regulations, the prohibition to which the person was subject will be taken to be a prohibition—
(c) in the case of a prohibition under regulation 9(13) or (14)—under regulation 34(1) or 33(5) of these regulations (as the case requires); or
(d) in the case of a prohibition under regulation 16(2)—under regulation 41 of these regulations,
against selling, giving or disposing of the protected animal, carcass or egg (as the case may be) for the portion of the period that remains after the commencement of these regulations.
6—Applications, requests etc made under revoked regulations
Subject to clause 4, an application or a request, or the provision of a return, report or other information, made or undertaken before the commencement of these regulations pursuant to and in accordance with a provision of the revoked regulations will be taken to have been made or undertaken pursuant to and in accordance with these regulations.
7—Emu tags issued under revoked regulations
Subject to these regulations, a sealed tag issued by the Director under regulation 21 of the revoked regulations, will, on the commencement of these regulations, be taken to be an emu tag issued by the Director under regulation 44 of these regulations, provided that if—
(a) the tag was attached to and then removed from the skin of an emu prior to the commencement of these regulations; and
(b) the period for which the tag was required under regulation 21(6) of the revoked regulations to be kept after removal did not end before the commencement of these regulations,
then the requirement that the used tag be kept for that period will, on the commencement of these regulations, be taken to be a requirement under regulation 44(6) of these regulations that the tag be kept for the portion of that period that remains after the commencement of these regulations.
8—Approvals, authorisations, exemptions etc given or made under revoked regulations
Subject to these regulations, an approval, authorisation, exemption, waiver, certificate, notice or request by the Director or a warden—
(a) given or made for the purposes of a provision of the revoked regulations; and
(b) the effect of which has not been exhausted at the time of the commencement of these regulations,
will, if a provision of these regulations substantially corresponds to that provision of the revoked regulations, be taken to have been given or made for the purposes of that corresponding provision (and if given or made for a limited period, will be taken to have been so given or made for the portion of the period that remains after the commencement of these regulations).