Restricted Animals


Prohibition on introduction, &c., of certain animals

 

2.    A person must not bring into the State, or cause or allow to be brought into the State, a restricted animal or a controlled animal unless the importation is in accordance with –

(a)    the prior written permission of the Secretary; and

(b)    an authority under Part 4 of the Animal Health Act 1995 .



Penalty:  In the case of –

(a)    a restricted animal, a fine of not more than 500 penalty units or imprisonment for a term of not more than 5 years, or both, for each animal in respect of which the offence was committed; or

(b)    a controlled animal, a fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed.

 

3.    A person must not, except in accordance with the prior written permission of the Secretary –

(a)    be in possession of a restricted animal; or

(b)    cause or allow a restricted animal, a ferret or a controlled animal to go at large in the State.

Penalty:  In the case of –

(a)    a restricted animal or ferret, a fine of not more than 500 penalty units or imprisonment for a term of not more than 5 years, or both, for each animal in respect of which the offence was committed; or

(b)    a controlled animal, a fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed.

 

4.    A person must not be in possession of a controlled animal that has been brought into the State in contravention of subsection (2) .

Penalty:  Fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed.

 

5.    The Secretary may –

(a)    grant permission under subsection (2) or (3) subject to any conditions he or she thinks fit; or

(b)    refuse to grant the permission.

 

6.    The Secretary may only grant permission under subsection (2) or (3) in respect of a restricted animal if the importation, possession or going at large of the restricted animal is required as part of a program to manage feral populations of animals of the same species as that restricted animal.

 

7.    A person who fails to comply with a condition to which a permission is subject is guilty of an offence.

Penalty:  In the case of –

(a)    a restricted animal or ferret, a fine of not more than 500 penalty units or imprisonment for a term of not more than 5 years, or both, for each animal in respect of which the offence was committed; or

(b)    a controlled animal, a fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed.

 

8.    If a person is in possession of a restricted animal or a controlled animal, that animal is presumed, until the contrary is proved, to have been brought into the State without the prior written permission of the Secretary.

 

9.    If the Secretary, or a person authorised by the Secretary, finds or reasonably suspects that a restricted animal or a controlled animal has been brought into the State by, or is in the possession of, a person contrary to the provisions of this section, the Secretary or authorised person may seize it, destroy it, dispose of it or cause it to be destroyed or disposed of.

 

10.  Without limiting the ways in which an animal may be disposed of under subsection (9) , the animal may be disposed of by giving it, together with a permission under subsection (3) in the case of a restricted animal, to an educational or research institution.

 

11.  Despite subsection (4) , if a controlled animal is disposed of under subsection (9) by giving it to an educational or research institution, the institution may possess that animal subject to any conditions determined by the Director.

 

12.  The Secretary may charge any person with any costs incurred in respect of any seizure, destruction or disposal of an animal carried out under subsection (9) .

 

13.  A person must not, without the prior written permission of the Secretary or a person authorised by the Secretary, remove or take away an animal seized under subsection (9) .

Penalty:  In the case of –

(a)    a restricted animal, a fine of not more than 500 penalty units or imprisonment for a term of not more than 5 years, or both, for each animal in respect of which the offence was committed; or

(b)    a controlled animal, a fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed.

 

32A.   Amendment of Schedules in Wildlife (General) Regulations 2010

1.    The Minister, by order published in the Gazette, may amend Schedules 1 , 2 , 3 , 4 , 5 , 6 and 7 to the Wildlife (General) Regulations 2010  –

(a)    by adding the name of an order, family, common name or species; or

(b)    by amending the name of an order, family, common name or species; or

(c)    by omitting the name of an order, family, common name or species.

2.    An order under subsection (1) is not a statutory rule within the meaning of the Rules Publication Act 1953 .


For more information, please contact:

Wildlife Management Branch
200 Collins Street 
GPO Box 44
HOBART TAS 7001
Phone: 03 6165 4305
Fax: 03 6173 0253
Email: wildlife.reception@dpipwe.tas.gov.au

Restricted Animals

None

None