Victorian Numbered Regulations

WILDLIFE REGULATIONS 2024 (SR NO 45 OF 2024) - REG 131

    (1)     A person who buys, sells, acquires, receives, disposes of, possesses, processes or displays wildlife listed in Part B of Schedule 5 is exempt from the operation of section 47 of the Act, to the extent that the buying, selling, acquiring, receiving, disposing of, possessing, processing or displaying of that wildlife is not for the purposes of taxidermy and—

        (a)     the wildlife has been bred in captivity or is from a source approved by the relevant body; or

        (b)     the person is a licensee, manager or operator of, or is employed at, a meat processing facility licensed under the Meat Industry Act 1993 , and the wildlife has been lawfully obtained from a person who took and destroyed the wildlife in accordance with a specified authorisation.    

    (2)     A person who is employed at a waste management facility within the meaning in the Environment Protection Act 2017 and who acquires, receives, disposes of or possesses dead wildlife listed in Part B of Schedule 5 in the course of the person's employment at the facility is exempt from the operation of section 47 of the Act.

    (3)     A person who breeds wildlife listed in Part B of Schedule 5 is exempt from the operation of section 47 of the Act, to the extent that the breeding of that wildlife is not for the purposes of taxidermy and the wildlife is bred from specimens that—

        (a)     have been bred in captivity; or

        (b)     are from a source approved by the relevant body.

    (4)     A person (the acquirer ) who acquires, receives, disposes of, possesses or processes dead wildlife listed in Part B of Schedule 5 that is not taxidermied is exempt from the operation of section 47 of the Act to the extent that the acquirer—

        (a)     does not sell that dead wildlife; and

        (b)     reasonably believes that the wildlife was lawfully taken and destroyed by a person acting in accordance with a specified authorisation.

    (5)     A person who buys, sells, acquires, receives, disposes of or possesses dead wildlife listed in Part B of Schedule 5 is exempt from the operation of section 47 of the Act if the wildlife was processed in, or is being sold for processing in—

        (a)     a meat processing facility licensed under the Meat Industry Act 1993 ; or

        (b)     a place that is licensed or authorised to process meat in accordance with the laws of another State or a Territory of the Commonwealth.

    (6)     A person who takes samples from dead wildlife listed in Part B of Schedule 5 is exempt from the operation of section 47 of the Act if the person took and destroyed the wildlife in accordance with a specified authorisation.

    (7)     For the purposes of subregulations (1)(a) and (3)(b), the relevant body may approve, in writing, a source from which wildlife that has not been bred in captivity may be obtained.

    (8)     The relevant body may impose conditions on an approval given under subregulation (7).

    (9)     A person described in subregulation (1) or (3) may apply for an approval from the relevant body under subregulation (7) in the form and manner specified by the relevant body.

    (10)     In this regulation—

"specified authorisation" means any of the following—

        (a)     a licence issued under section 22 or 22A of the Act or an authorisation issued under section 28A of the Act;

        (b)     an authorisation order made under section 28G of the Act;

        (c)     an Order made under section 7A of the Act;

        (d)     a corresponding law of another State or a Territory of the Commonwealth.