4. Declaration of fauna as pet herpetofauna
(1) The Minister may, by notice in the Gazette, declare fauna of the class Reptilia or Amphibia, other than crocodiles and marine turtles, to be pet herpetofauna for the purposes of these regulations.
(2) In a declaration under subregulation (1) the Minister is to categorise the fauna as category 1, 2, 3, 4 or 5 in accordance with subregulations (3) to (7).
(3) Category 1 pet herpetofauna is fauna that the Minister considers ¾
(a) satisfies the criteria for category 2 set out in subsection (4); and
(b) is ¾
(i) so commonly kept as a pet; and
(ii) so readily available in the pet trade,
that restrictions on the keeping of that fauna as a pet are not justified.
(4) Category 2 pet herpetofauna is fauna that the Minister considers ¾
(a) is not dangerous;
(b) is not rare or endangered in the wild;
(c) has no special feeding or housing requirements;
(d) is resilient to handling; and
(e) is suitable to be kept by a person of any age with no prior experience in keeping pet herpetofauna.
(5) Category 3 pet herpetofauna is fauna that the Minister considers ¾
(a) is not dangerous;
(b) is not rare or endangered in the wild;
(c) requires only easily prepared and readily available food and simple housing;
(d) is resilient to handling; and
(e) is suitable to be kept by a person over 18 years of age with no prior experience in keeping pet herpetofauna.
(6) Category 4 pet herpetofauna is fauna that the Minister considers is not dangerous and ¾
(a) is not commonly kept as a pet;
(b) is rare but not threatened or endangered in the wild;
(c) has specialised feeding or housing requirements;
(d) is not resilient to handling; or
(e) is otherwise suitable to be kept only by a person over 18 years of age with prior experience in keeping pet herpetofauna.
(7) Category 5 pet herpetofauna is fauna that the Minister considers ¾
(a) is dangerous;
(b) is threatened or endangered in the wild;
(c) has highly specialised feeding or housing requirements; or
(d) is very difficult to keep in captivity.