Agriculture and Related Resources Protection (Declared Animals) Regulations 1985 03-00-02 Xml

Crest Western Australia

Agriculture and Related Resources Protection Act 1976

Agriculture and Related Resources Protection (Declared Animals) Regulations 1985

Reprint 3: The regulations as at 12 April 2013

Guide for using this reprint

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Endnotes, Compilation table, and Table of provisions that have not come into operation

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Notes amongst text (italicised and within square brackets)

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		Reprinted under the Reprints Act 1984 as
		at 12 April 2013

Western Australia

Agriculture and Related Resources Protection (Declared Animals) Regulations 1985

Contents

Part I — Preliminary

1.Citation1

2.Terms used1

3.Scientific name1

Part II — Introduction of category A4 declared animals

4.Permit2

5.Application for permit3

6.Evidence of security4

7.Issue of permit4

8.Animals to be accompanied by copy of a permit4

9.Notice of arrival4

10.Clearance certificate or further conditions5

11.Production of permit, clearance certificate6

12.Escape of declared animals6

Part III — Keeping of category A6 declared animals

13.Permit7

14.Application for permit9

15.Security requirements9

16.Issue or renewal of permit10

16A.Revocation of permits11

17.Production of permit11

18.Notice of death or disposal11

19.Variation of permit12

Part IV — Scientific or educational purposes

20.Application for permission13

21.Records and returns13

Schedule 1

Schedule 1A

Case where permit not required for introduction of category A4 declared animals

Schedule 2

Case where permit not required for keeping of category A6 declared animals

Schedule 3 — Category A6 birds that are exempt from permit fees

Notes

Compilation table28

Provisions that have not come into operation30

Defined terms

		Reprinted under the Reprints Act 1984 as
		at 12 April 2013

Western Australia

Agriculture and Related Resources Protection Act 1976

Agriculture and Related Resources Protection (Declared Animals) Regulations 1985

Part I — Preliminary

1.Citation

These regulations may be cited as the Agriculture and Related Resources Protection (Declared Animals) Regulations 1985 1.

2.Terms used

In these regulations, unless the contrary intention appears —

metropolitan area means the area described as the metropolitan region in the Third Schedule to the Metropolitan Region Town Planning Scheme Act 1959 2;

permit means a permit issued under the Part wherein the term is used.

[Regulation 2 inserted in Gazette 6 Jun 1986 p. 1920.]

3.Scientific name

Where by these regulations the description of any animal is required to be given, the description shall, whether or not it includes any common or other name, include the proper scientific classification of that animal.

Part II — Introduction of category A4 declared animals

4.Permit

(1)A person may —

(a)bring into the State from elsewhere an animal that is a declared animal of category A4 in respect of the whole of the State; or

(b)bring into a part of the State from another part of the State, or from elsewhere, an animal that is a declared animal of category A4 in respect of the first‑mentioned part of the State,

pursuant to and in accordance with a permit issued for that purpose by the Director General or, in the case set out in column 1 of Schedule 1A, in accordance with any conditions or restrictions specified in relation thereto, in column 2 of that Schedule.

(2)A permit —

(a)shall be in the form of Form 1;

(b)shall relate only to animals that are to be brought into the State, or part of the State, as the case may be, by the same person, at the same time, and in the same consignment;

(c)shall specify —

(i)the name of the person to whom it is issued;

(ii)the date of issue;

(iii)the description of, and quantity of, animals to which it applies;

(iv)the manner of enclosure, and such other precautions for the purposes of the Act, as the Director General sees fit to require in relation to the animals while they are being dealt with under the authority of the permit;

(v)the date upon which, the place to which, and the means of transport by which, the animals are to be brought in under the authority of the permit;

(vi)a place to which the animals shall be taken for inspection before delivery;

(vii)the consignee into whose control the animals are to be finally delivered;

(d)is not transferable, and relates only to the person to whom it is issued.

(3)Where a person brings into the State, or into a part of the State, birds that are declared animals of category A4 under and in accordance with a dealer’s licence under regulation 13 of the Wildlife Conservation Regulations 1970, those birds shall be deemed to be brought in pursuant to and in accordance with a current permit issued for that purpose by the Director General and that person shall, not more than 1 month after so bringing those birds into the State or part of the State, as the case may be, submit to the Director General a return in the form of Form 6 duly completed to show such of the details indicated on that form as are capable of applying in relation to those birds.

Penalty for an offence against subregulation (3): a fine of $2 000.

[Regulation 4 amended in Gazette 6 Sep 1985 p. 3497; 6 Jun 1986 p. 1929; 4 Mar 1988 p. 703; 7 Dec 2001 p. 6181 (disallowed in Gazette 14 May 2002 p. 2530); 17 Dec 2010 p. 6415-16.]

5.Application for permit

An application for the issue of a permit may be made in the form of Form 2 duly competed and lodged with the Director General at least 7 days before it is proposed to bring in animals under that permit.

[Regulation 5 amended in Gazette 17 Dec 2010 p. 6415-16.]

6.Evidence of security

The Director General may, before granting a permit under this Part, require the production of evidence to its satisfaction that the applicant is able to provide adequate enclosures and other safeguards to ensure the security at all times of the animals in respect of which that permit is required.

[Regulation 6 amended in Gazette 17 Dec 2010 p. 6415-16.]

7.Issue of permit

The Director General may, upon receipt of an application made under regulation 5 —

(a)issue in duplicate a permit in accordance with the application;

(b)issue in duplicate a permit in respect of a lesser number of animals, or in respect only of specified animals;

(c)endorse on any permit issued such conditions as to the Director General seem appropriate;

(d)before determining the application request the applicant to provide further information relevant to the application.

[Regulation 7 amended in Gazette 17 Dec 2010 p. 6415-17.]

8.Animals to be accompanied by copy of a permit

A person to whom a permit is issued shall cause a copy of the permit to accompany the animals to which it relates when they are being brought into the State or part of the State pursuant to the permit.

Penalty: a fine of $2 000.

[Regulation 8 amended in Gazette 17 Dec 2010 p. 6415.]

9.Notice of arrival

(1)Where a person proposes to bring in any animals pursuant to a permit he shall first give the Director General not less than 24 hours’ notice of the time at which, and means of transportation by which, it is proposed that those animals will arrive at the place at which they are to be inspected.

(2)A person shall not bring in any animals pursuant to a permit unless he has first obtained the approval of the Director General to the proposed time of arrival of those animals at the place at which they are to be inspected.

Penalty: a fine of $1 000.

(3)The Director General shall, when giving approval of a time proposed under subregulation (1), specify the position to which the animals shall be taken upon their arrival.

(4)A person to whom approval has been given for the purposes of this regulation shall, upon the arrival of the animals to which the approval relates at the place at which they are to be inspected, take them to the position specified under subregulation (3) and keep them there until they are inspected by the Director General and —

(a)a clearance certificate is issued by the Director General pursuant to regulation 10(1) in relation to those animals; or

(b)the permit relating to those animals is amended by the Director General pursuant to regulation 10(2) to impose further conditions.

Penalty for an offence against subregulation (4): a fine of $1 000.

[Regulation 9 amended in Gazette 6 Sep 1985 p. 3497; 17 Dec 2010 p. 6415-16.]

10.Clearance certificate or further conditions

(1)Where, upon inspection, the Director General finds that declared animals are brought in in accordance with these regulations and a permit, the Director General must issue a clearance certificate to that effect to accompany the animals to which it relates.

(2)Where, upon inspection, the Director General finds that declared animals are brought in in some respect contrary to or not in accordance with these regulations or a permit, and the Director General considers that the irregularity is such as may be conveniently rectified by the imposition of further conditions, the Director General may amend the permit to include such further conditions including a condition as to further inspection and thereafter the permit shall be deemed to have been issued as so amended.

[Regulation 10 amended in Gazette 17 Dec 2010 p. 6415-17.]

11.Production of permit, clearance certificate

(1)A person to whom a permit is issued under this Part shall, upon demand, produce that permit to an inspector or authorised person.

Penalty: a fine of $1 000.

(2)A person who is in charge of animals being brought in pursuant to a permit shall, upon demand, produce a copy of the permit and any clearance certificate relating to the animals to an inspector or authorised person.

Penalty: a fine of $1 000.

[Regulation 11 amended in Gazette 6 Sep 1985 p. 3497; 17 Dec 2010 p. 6414.]

12.Escape of declared animals

If any animal in respect of which a permit is issued is liberated or becomes at large in any part of the State in respect of which it is a declared animal, the person who was in charge of the animal immediately before it was liberated or became at large shall, unless otherwise required by the Director General, immediately take all reasonable steps to recapture or destroy the animal, and he and the person to whom the permit was issued shall each notify the Director General forthwith.

Penalty: a fine of $2 000.

[Regulation 12 amended in Gazette 17 Dec 2010 p. 6415-16.]

Part III — Keeping of category A6 declared animals

13.Permit

(1)A person may keep, in any part of the State, an animal that is a declared animal of category A6 in respect of that part of the State —

(a)pursuant to and in accordance with a current permit issued for that purpose by the Director General; or

(b)in the case set out in column 1 of Schedule 2, in accordance with any conditions or restrictions specified in relation thereto in column 2 of that Schedule.

(2)A permit —

(a)shall be in the form of Form 3;

(b)shall relate only to animals kept by the one person and at the one place;

(c)shall specify —

(i)the full name and address of the person to whom it is issued; and

(ii)the date of issue and the date of expiry; and

(iii)the full name and address of the owner of any animal to which it applies; and

(iv)the description of, and quantity of animals to which it applies; and

(v)the place at which the animals shall be kept; and

(vi)such precautions for the purposes of the Act, as the Director General sees fit to require in relation to the animals while they are being kept under the Authority of the permit; and

(vii)where the permit relates to animals not already kept by the applicant, the full name and address of the person from whom, and the place from which, the animals are to be acquired, and the proposed date of acquisition;

(d)applies in respect of natural increases in the numbers of the animals to which it relates within such limits as may be set out in the permit, but does not apply in respect of animals acquired other than as and when specified in the permit notwithstanding that animals to which the permit relates may have died or been disposed of;

(e)is not transferable, and relates only to the person to whom it is issued.

(3)A permit relating to the keeping of category A6 birds must not specify a date of expiry that is more than 2 years after the date of issue of the permit.

(3a)A permit relating to the keeping of rabbits (Oryctolagus cuniculus) for commercial purposes shall expire 12 months after the date on which it was issued.

(4)Where a person keeps birds that are declared animals of category A6 under and in accordance with a dealer’s licence under regulation 13 of the Wildlife Conservation Regulations 1970, those birds shall be deemed to be kept pursuant to and in accordance with a current permit issued for that purpose by the Director General and that person shall, at least once in each month during which such birds are so kept by that person, submit to the Director General a return in the form of Form 6 duly completed to show such of the details indicated on that form as are capable of applying in relation to birds so kept.

Penalty for an offence against subregulation (4): a fine of $2 000.

[Regulation 13 amended in Gazette 6 Sep 1985 p. 3497; 6 Jun 1986 p. 1920; 4 Mar 1988 p. 703; 7 Dec 2001 p. 6181 (disallowed in Gazette 14 May 2002 p. 2530); 28 Jun 2002 p. 3038; 17 Dec 2010 p. 6415-16.]

14.Application for permit

(1)An application for the issue of a permit in respect of animals proposed to be acquired may be made in the form of Form 4 duly completed and lodged with the Director General at least 7 days before it is proposed to acquire those animals.

(2)An application for the renewal of a permit issued under regulation 16 must be made at least 7 days before the date of expiry specified in the permit.

[Regulation 14 amended in Gazette 28 Jun 2002 p. 3038‑9; 17 Dec 2010 p. 6415-16.]

15.Security requirements

(1)The Director General may, before granting a permit under this Part, require the production of evidence to the Director General’s satisfaction that the applicant is able to provide adequate enclosures and other safeguards to ensure the security at all times of the animals in respect of which the permit is to be issued.

(2)Where, for the purpose of determining whether, or the conditions and restrictions subject to which, a permit should be issued, the Director General causes the place where an applicant proposes to keep animals under a permit to be inspected, the applicant is liable to pay to the Director General in respect of each such inspection a fee of $158 which may be recovered from the applicant in a court of competent jurisdiction as a debt due to the Crown.

[Regulation 15 amended in Gazette 31 May 2005 p. 2395; 16 Jun 2006 p. 2112; 15 Jun 2007 p. 2752; 20 May 2008 p. 1934; 26 Jun 2009 p. 2599; 30 Jun 2010 p. 3107; 17 Dec 2010 p. 6415-17; 30 Jun 2011 p. 2691; 19 Jun 2012 p. 2633.]

16.Issue or renewal of permit

(1)The Director General may, on receipt of an application under regulation 14 for the issue or renewal of a permit, and on payment of the fee required by subregulation (2) to be paid —

(a)issue or renew a permit in accordance with the application;

(b)issue or renew a permit in respect of a lesser number of animals, or in respect only of specified animals;

(c)endorse on any permit issued or renewed such conditions as to the Director General seem appropriate;

(d)in any permit issued or renewed by it, limit the number of animals, or of specified animals, that may be kept pursuant to that permit;

(e)request the applicant to provide further information relevant to the application.

(2)The fee required to be paid with an application for the issue or renewal of a permit is —

(a)for a permit to keep rabbits (Oryctolagus cuniculus) for commercial purposes — $200; and

(b)for a permit to keep birds listed in Schedule 3 — nil; and

(c)for a permit to keep any other birds — $30 per annum for the period for which the permit is to be issued or renewed; and

(d)in any other case — $92.50.

[Regulation 16 inserted in Gazette 28 Jun 2002 p. 3039; amended in Gazette 31 May 2005 p. 2396; 20 May 2008 p. 1934; 26 Jun 2009 p. 2600; 30 Jun 2010 p. 3108; 17 Dec 2010 p. 6415-17; 30 Jun 2011 p. 2692; 19 Jun 2012 p. 2633.]

16A.Revocation of permits

The Director General may revoke a permit if the holder of the permit —

(a)does not comply with a condition or limitation endorsed on the permit; or

(b)no longer keeps the animals covered by the permit.

[Regulation 16A inserted in Gazette 28 Jun 2002 p. 3039; amended in Gazette 17 Dec 2010 p. 6415-16.]

17.Production of permit

(1)A person to whom a permit is issued under regulation 16 shall give to the person from whom he acquires the animals pursuant to that permit, before he acquires them, a copy of the permit.

Penalty: a fine of $1 000.

(2)A person to whom a permit is issued under regulation 16 shall, upon demand, produce that permit to an inspector or authorised person.

Penalty: a fine of $1 000.

(3)A person to whom a copy of a permit is by subregulation (1) required to be given shall, upon demand made within 12 months of the issue of the permit, produce that copy to an inspector or authorised person.

Penalty: a fine of $1 000.

[Regulation 17 amended in Gazette 6 Sep 1985 p. 3497; 17 Dec 2010 p. 6414-15.]

18.Notice of death or disposal

A person to whom a permit is issued shall forthwith notify the Director General in writing —

(a)of the death or disposal of any animal to which the permit relates, where notification is a condition of the permit; and

(b)in the case of disposal, referred to in paragraph (a), notify the particulars of the person to whom and the place to which the animal was disposed,

and produce such evidence of the death or disposal so notified as the Director General may reasonably require.

Penalty: a fine of $1 000.

[Regulation 18 inserted in Gazette 4 Mar 1988 p. 704; amended in Gazette 17 Dec 2010 p. 6415-16.]

19.Variation of permit

(1)A person to whom a current permit is issued under regulation 16 may apply to the Director General for variation of the permit, to keep additional declared animals.

(2)The application under subregulation (1) shall be in the form of Form 5.

(3)The Director General on receipt of an application under this regulation may —

(a)grant the application and issue in duplicate a variation of permit;

(b)issue in duplicate a variation of permit in respect of a lesser number of animals;

(c)request the applicant to provide further information relevant to the application;

(d)require the applicant to provide security and other safety requirements applicable to the species of animal prior to granting the variation of permit.

[Regulation 19 amended in Gazette 17 Dec 2010 p. 6415-16.]

Part IV — Scientific or educational purposes

20.Application for permission

An application for permission to bring in or keep declared animals under in section 77(2) or section 80(2) of the Act, may be made in writing and before determining the application the Director General may request the applicant to provide such further information as the Director General considers relevant to the application.

[Regulation 20 amended in Gazette 17 Dec 2010 p. 6415-16.]

21.Records and returns

A person who has brought in or kept any declared animal pursuant to permission referred to in regulation 20, since the last preceding 30 June, shall —

(a)maintain a register recording every declared animal of category A1 or category A3 in respect of which he has been granted such permission, and showing in respect of each of them the date on which permission was granted and shall produce that register, upon demand, to an inspector or authorised person;

(b)submit to the Director General a return as at 30 June in each year, in respect of each description of declared animals of category A1 or A3 and any eggs of such animals showing —

(i)the numbers on hand at the commencement of the year;

(ii)the numbers brought in or otherwise acquired during the year;

(iii)variations in numbers through death, destruction, hatching or natural increase during the year;

(iv)the use, if any, to which those animals or eggs were put during the year;

(v)the numbers on hand at the end of the year.

Penalty: a fine of $2 000.

[Regulation 21 amended in Gazette 7 Nov 1986 p. 4173; 17 Dec 2010 p. 6415-16.]

[22.Omitted under the Reprints Act 1984 s. 7(4)(f).]

Schedule 1

Form 1

Western Australia

Agriculture and Related Resources Protection Act 1976

Agriculture and Related Resources Protection (Declared Animals) Regulations 1985

[Reg. 4]

PERMIT TO INTRODUCE DECLARED ANIMALS

No. ........................

The under‑mentioned person is permitted to introduce into the State, or part of the State, the declared animals listed on this permit on the date and by the means of transport herein stated.

Name: .....................................................................................................................

Address: .................................................................................................................

......................................................................................................................

Declared Animals (where space is insufficient, attach list)

Species Number

........................................................................................... .......................

Date of Introduction: ..............................................................................................

Method of Transport (Air, Road, Sea): ..................................................................

Place of Inspection on Arrival: ..............................................................................

Consignee: Name: ..................................................................................................

Address: .................................................................................................................

To be printed on reverse of Form 1.

CONDITIONS:

1.24 hours’ prior notice of introduction of the animals is to be given to an authorised person.

2.The proposed time of arrival at the place of inspection is to be given to an authorised person and approved by that person.

3.The animals shall be held in secure enclosures during transport.

4.A copy of this permit is to accompany the animals.

5.The animals shall be inspected on arrival.

6.After inspection the declared animals are to be placed in the following manner of enclosure and the following precautions shall be adopted —

Enclosure:

.........................................................................................................................

Other precautions:

.........................................................................................................................

Date: ................................. ...............................................................

Signature of Authorised Person.

.................................................................................................................................

Office use only.

CLEARANCE CERTIFICATE

Date: ....................................................................................................

Signature of Authorised Person.

Form 2

Western Australia

Agriculture and Related Resources Protection Act 1976

Agriculture and Related Resources Protection (Declared Animals) Regulations 1985

[Reg. 5]

APPLICATION TO IMPORT DECLARED ANIMALS

No. ......................................

Name: .....................................................................................................................

Address: .................................................................................................................

Telephone: (Home) ...................................... (Work) ............................................

Declared Animals to be Introduced (if space insufficient, attach list)

Species Number

..............................................................................................................

Date of Introduction: .............................................................................................

Method of Transport (Air, Road, Sea): .................................................................

Consignee: Name: .................................................................................................

Address: ................................................................................................................

For the Importing of Aviary Birds Only

Dealers licensed under regulation 13 of the Wildlife Conservation Regulations 1970 do not need a permit under these regulations.

Date: ............................. ..............................................................

Signature of Applicant.

NOTE: A MINIMUM OF SEVEN (7) DAYS NOTICE MUST BE GIVEN

PRIOR TO IMPORTING DECLARED ANIMALS.

Form 3

Western Australia

Agriculture and Related Resources Protection Act 1976

Agriculture and Related Resources Protection (Declared Animals) Regulations 1985

[Reg. 13]

No. ..............................

PERMIT TO KEEP DECLARED ANIMALS

The under‑mentioned person is permitted to keep the declared animals listed subject to any conditions specified.

Name: .....................................................................................................................

Address: .................................................................................................................

Declared Animals (if space insufficient, attach list)

Species Number

.................................................................................................

Name and address of owner of animals: ................................................................

.................................................................................................................................

Place of Keeping: ...................................................................................................

Name of Supplier: ..................................................................................................

Address of Supplier: ..............................................................................................

Date of Supply: ......................................................................................................

Date of Issue of Permit: .........................................................................................

Date of Expiry of Permit: ......................................................................................

(where applicable)

Permitted Natural Increase of Declared Animals: .................................................

Reverse of Form 3

CONDITIONS

1.The declared animals are to be kept in the following manner of enclosure —

.........................................................................................................................

2.The declared animals held under permit can only be disposed of to a person holding a current permit for that species and conditions of that permit must be met.

3.The disposal, escape or theft of any declared animal must be notified. Declared aviary birds — notify Department of Conservation and Land Management 3. Other declared animals — notify Department of Agriculture and Food.

4.Other: ..............................................................................................................

.........................................................................................................................

Date: .........................................................

Receipt No.: .........................................................

..................................................Signature of Authorised Person.

[Form 3 amended in Gazette 17 Dec 2010 p. 6416-17.]

Form 4

Western Australia

Agriculture and Related Resources Protection Act 1976

Agriculture and Related Resources Protection (Declared Animals) Regulations 1985

[Reg. 14]

APPLICATION TO KEEP DECLARED ANIMALS

Name: .....................................................................................................................

Address: .................................................................................................................

Telephone: (Home) ................................. (Work) .................................................

Declared Animals to be Kept (if space insufficient, attach list)

Species Number

...............................................................................................................

....................................................................................... ........................

Place of Keeping:....................................................................................................

Name of Supplier:...................................................................................................

Address of Supplier:...............................................................................................

Intended Date of Purchase: ....................................................................................

NOTE:A permit will not be issued until the enclosure in which the declared animals will be kept has been approved for the holding of those animals and the prescribed fee has been paid.

Date: .....................................................................................................

Signature of Applicant.

Receipt No.: .....................................................

NOTE: A MINIMUM OF SEVEN (7) DAYS NOTICE MUST BE GIVEN

PRIOR TO ACQUIRING ANIMALS

OFFICE USE ONLY

Enclosure approved for holding on ........................................................................

.................................................................................................................................

Permit No. ...............................................................................................

Signature of Authorised Person.

Date: ...........................................

Form 5

Western Australia

Agriculture and Related Resources Protection Act 1976

Agriculture and Related Resources Protection (Declared Animals) Regulations 1985

[Reg. 19]

APPLICATION FOR VARIATION OF PERMIT TO KEEP DECLARED ANIMALS

Name:......................................................................................................................

Address:..................................................................................................................

...................................................................................................................

I wish to apply for the following declared animals to be added to my Permit No. ..............................................................................................................

.................................................................................................................................

................................................................................................................................

Date: ................................. ..............................................................

Signature of Applicant.

NOTE: An inspection of the animal enclosure may be required.

.................................................................................................................................

OFFICE USE ONLY

Enclosure approved for addition of ........................................................................

.................................................................................................................................

Permit No. ...........................................................................................

Signature of Authorised Person.

Date: .........................................

Form 6

Western Australia

Agriculture and Related Resources Protection Act 1976

Agriculture and Related Resources Protection (Declared Animals) Regulations 1985

[Regs. 4(3) and 13(4)]

DEALER’S RETURN FOR DECLARED BIRDS

for the month ending ..............................................................................................

Period from ......................... 20....................... to .......................... 20...................

Name: .....................................................................................................................

Address: .................................................................................................................

Wildlife Conservation Regulations 1970 Licence No. ...........................................

Date

Species

No.
Imported

Purchased in W.A.

Sold in W.A.

Stock

No.

Seller’s
Name

Per‑
mit

No.

Pur‑
chaser’s
Name

Per‑
mit

Pre‑
vious

Out

Total

Schedule 1A

[Reg. 4(1)]

Case where permit not required for introduction of category A4 declared animals

Column 1	Column 2
Rabbits (Oryctolagus cuniculus), other than common grey rabbits ¾ (a)kept as household pets, but not more than 2 per household and their progeny, if any, born within the preceding 2 months; (b)kept in a pet shop (i)but not more than 2 per pet shop and their progeny, if any, born within the preceding 2 months; or	The rabbits shall be effectively enclosed, and such other precautions as in the opinion of an inspector or authorised person, the circumstances require, shall be taken to ensure they do not escape.
(ii)being immature rabbits up to the age of 2 months.

[Schedule 1A inserted in Gazette 6 Jun 1986 p. 1921; amended in Gazette 17 Feb 1989 p. 496; repealed in Gazette 7 Dec 2001 p. 6181 (disallowed in Gazette 14 May 2002 p. 2530).]

Schedule 2

[Reg. 13(1)]

Case where permit not required for keeping of category A6 declared animals

Column 1	Column 2
1.Feral goats (Capra hircus) that the Director General is for the time being satisfied —	The goats shall be kept in an enclosure of the kind usually used for containing domestic goats.
(a)have, in the case of such animals held in zones 4, 7 and 8 and the Narrogin and Katanning regions of zone 5, been kept for a period of at least one month pursuant to a permit issued under regulation 16; and
(b)are domesticated to the extent that they are no more likely to escape from an enclosure of the kind usually used for containing domestic goats than are domestic goats.
2.Rabbits (Oryctolagus cuniculus) other than common grey rabbits — (a)kept as household pets, but not more than 2 per household and their progeny, if any, born within the preceding 2 months; (b)kept in a pet shop — (i)but not more than 2 per pet shop and their progeny, if any, born within the preceding 2 months; or	The rabbits shall be effectively enclosed, and such other precautions as in the opinion of an inspector or authorised person, the circumstances require, shall be taken to ensure they do not escape.
(ii)being immature rabbits up to the age of 2 months.

[Schedule 2 amended in Gazette 6 Jun 1986 p. 1921‑2; 13 Mar 1987 p. 664; 17 Feb 1989 p. 496; 7 Dec 2001 p. 6181 (disallowed in Gazette 14 May 2002 p. 2530); 28 Jun 2002 p. 3040; 17 Dec 2010 p. 6415‑16.]

Schedule 3 — Category A6 birds that are exempt from permit fees

[r. 16]

Common name	Scientific name
Canary, Yellow‑fronted; Green Singing Finch	Serinus mozambicus
Cockatoo, Sulphur‑crested	Cacatua galerita
Conure, Jandaya	Aratinga jandaya
Conure, Sun	Aratinga solstitialis
Dove, Collared; Collared Turtle‑dove; Indian Ring Dove; Barbary Dove (fawn or white variations)	Streptopelia decaocto
Dove, Namaqua; Cape Dove	Oena capensis
Dove, Ruddy Ground; Talpacoti	Columbina talpacoti
Fody, Madagascan Red; Madagascar Weaver	Foudia madagascariensis
Goose, Egyptian	Alopchen aegyptiacus
Greenfinch; European Greenfinch	Carduelis chloris
Lovebird, Black‑collared	Agapornis swinderniana
Lovebird, Black‑winged; Abyssinian Lovebird	Agapornis taranta
Lovebird, Fischer’s	Agapornis fischeri
Lovebird, Grey‑headed; Madagascar Lovebird	Agapornis cana
Lovebird, Masked	Agapornis personata
Lovebird, Nyasa	Agapornis lilianae
Lovebird, Peach‑faced	Agapornis roseicollis
Lovebird, Red‑faced	Agapornis pullaria
Mannikin, Bronze‑winged; Bronze Mannikin; Hooded Weaver	Lonchura cucullata
Mannikin, Chestnut; Tri‑coloured Mannikin; Black‑headed Munia; Black‑headed Nun	Lonchura malacca
Mannikin, Nutmeg; Spice Finch; Spotted Munia; Scaly‑breasted Munia	Lonchura punctulata
Munia, White‑headed	Lonchura maja
Munia, White‑rumped; Bengalese Mannikin	Lonchura striata
Parakeet, Alexandrine	Psittacula eupatria
Parakeet, Plum‑headed	Psittacula cyanocephala
Parakeet, Red‑fronted; Red‑fronted Kakariki	Cyanoramphus novaezelandiae
Parakeet, Rose‑ringed; Indian or African Ringneck Parrot or Parakeet	Psittacula krameri
Parakeet, Yellow‑fronted; Yellow‑fronted Kakariki	Cyanoramphus auriceps
Parrot, Meyer’s; Brown Parrot	Poicephalus meyeri
Partridge, Chukar; Chukor or Chukka Partridge	Alectoris chukar
Pheasant, Ring‑necked	Phasianus colchicus
Pheasant, Silver	Lophura nycthemera
Quail, Japanese	Coturnix japonica
Scaup, New Zealand	Aythya novaeseelandiae
Shelduck, Paradise	Tadorna variegata
Silverbill, Indian; White‑throated Munia; Common Silverbill	Lonchura malabarica
Sparrow, Java; Paddy Finch	Padda oryzivora
Sparrow, Paradise; Aberdeen Finch; Red‑headed Amadina	Amadina erythrocephala
Strawberry Finch, Red; Red Munia; Red or Indian Avadavat; Tiger Finch; Red Waxbill	Amandava amandava
Waxbill, Common; St Helena Waxbill	Estrilda astrild
Weaver, Cut‑throat; Cut‑throat Finch; Ribbon Finch	Amadina fasciata
Weaver, Grenadier; Red Bishop; Orange Bishop Weaver; Northern Red Bishop Weaver	Euplectes orix
Whydah, White‑winged	Euplectes albonotatus

[Schedule 3 inserted in Gazette 28 Jun 2002 p. 3040‑1.]

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Notes

1This reprint is a compilation as at 12 April 2013 of the Agriculture and Related Resources Protection (Declared Animals) Regulations 1985 and includes the amendments made by the other written laws referred to in the following table 1a. The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
Agriculture and Related Resources Protection (Declared Animals) Regulations 1985	19 Jul 1985 p. 2523‑32	19 Jul 1985
Agriculture and Related Resources Protection (Declared Animals) Amendment Regulations 1985	6 Sep 1985 p. 3497	6 Sep 1985
Agriculture and Related Resources Protection (Declared Animals) Amendment Regulations 1986	30 May 1986 p. 1818‑21	30 May 1986
Agriculture and Related Resources Protection (Declared Animals) Amendment Regulations (No. 2) 1986	7 Nov 1986 p. 4173	7 Nov 1986
Agriculture and Related Resources Protection (Declared Animals) Amendment Regulations 1987	13 Mar 1987 p. 664	13 Mar 1987
Agriculture and Related Resources Protection (Declared Animals) Amendment Regulations 1988	4 Mar 1988 p. 703‑4	4 Mar 1988
Agriculture and Related Resources Protection (Declared Animals) Amendment Regulations 1989	17 Feb 1989 p. 496	17 Feb 1989
Reprint of the Agriculture and Related Resources Protection (Declared Animals) Regulations 1985 as at 4 Jan 2000 (includes amendments listed above)
Agriculture and Related Resources Protection (Declared Animals) Amendment Regulations 2001	7 Dec 2001 p. 6180‑1 (disallowed 8 May 2002 see Gazette 14 May 2002 p. 2530)	7 Dec 2001
Agriculture and Related Resources Protection (Declared Animals) Amendment Regulations 2002	28 Jun 2002 p. 3038‑41	1 Jul 2002 (see r. 2)
Agriculture and Related Resources Protection (Declared Animals) Amendment Regulations 2005	31 May 2005 p. 2395‑6	1 Jul 2005 (see r. 2)
Agriculture and Related Resources Protection (Declared Animals) Amendment Regulations 2006	16 Jun 2006 p. 2112	1 Jul 2006 (see r. 2)
Agriculture and Related Resources Protection (Declared Animals) Amendment Regulations 2007	15 Jun 2007 p. 2752	r. 1 and 2: 15 Jun 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2007 (see r. 2(b))
Reprint 2: The Agriculture and Related Resources Protection (Declared Animals) Regulations 1985 as at 24 Aug 2007 (includes amendments listed above)
Agriculture and Related Resources Protection (Declared Animals) Amendment Regulations 2008	20 May 2008 p. 1934	r. 1 and 2: 20 May 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2008 (see r. 2(b))
Agriculture and Related Resources Protection (Declared Animals) Amendment Regulations 2009	26 Jun 2009 p. 2599-600	r. 1 and 2: 26 Jun 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2009 (see r. 2(b))
Agriculture and Related Resources Protection (Declared Animals) Amendment Regulations 2010	30 Jun 2010 p. 3107-8	r. 1 and 2: 30 Jun 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2010 (see r. 2(b))
Agriculture and Related Resources Protection (Repeals and Amendments) Regulations 2010 Pt. 5	17 Dec 2010 p. 6403-32	18 Dec 2010 (see r. 2(b) and Gazette 17 Dec 2010 p. 6349)
Agriculture and Related Resources Protection (Declared Animals) Amendment Regulations 2011	30 Jun 2011 p. 2691‑2	r. 1 and 2: 30 Jun 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b))
Agriculture and Related Resources Protection (Declared Animals) Amendment Regulations 2012	19 Jun 2012 p. 2633	r. 1 and 2: 19 Jun 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2012 (see r. 2(b))
Reprint 3: The Agriculture and Related Resources Protection (Declared Animals) Regulations 1985 as at 12 Apr 2013 (includes amendments listed above)

1aOn the date as at which this reprint was prepared, provisions referred to in the following table had not come into operation and were therefore not included in compiling the reprint. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Citation	Gazettal	Commencement
Biosecurity and Agriculture Management Regulations 2013 r. 137(c), 138 and 140 4	5 Feb 2013 p. 465‑591	1 May 2013 (see r. 2(b) and Gazette 5 Feb 2013 p. 823)

2Repealed by the Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 4. The part of the State that was, as at 1 June 1988, described in the Third Schedule to the Metropolitan Region Town Planning Scheme Act 1959 is also described in the Planning and Development Act 2005 Sch. 3 as it was enacted on 12 December 2005.

3Under the Public Sector Management Act 1994 the names of departments may be changed. At the time of this reprint the former Department of Conservation and Land Management is called the Department of Environment and Conservation.

4On the date as at which this reprint was prepared, the Biosecurity and Agriculture Management Regulations 2013 r. 137(c), 138 and 140 had not come into operation. They read as follows:

137.Regulations repealed

These regulations are repealed:

(c)Agriculture and Related Resources Protection (Declared Animals) Regulations 1985;

138.Fees and expenses

On and from the commencement day —

(a)any fees payable under a regulation repealed under regulation 137 and outstanding on the commencement day are to be regarded as payable under these regulations at the time, and in the manner, in which the fees would have been payable under the repealed regulation and may be recovered accordingly; and

(b)any expenses recoverable under a regulation repealed under regulation 137 and outstanding on the commencement day may be recovered under regulation 128.

Penalty: a fine of $10 000.

140.Agriculture and Related Resources Protection (Declared Animals) Regulations 1985

(1)In this regulation —

repealed regulations means the Agriculture and Related Resources Protection (Declared Animals) Regulations 1985 repealed under regulation 137(c).

(2)On and from the commencement day —

(a)any permit issued under regulation 4 or 13 of the repealed regulations and of effect immediately before the commencement day has effect as if it were a permit under these regulations;

(b)any application for the issue, renewal or variation of a permit under the repealed regulations that was lodged but not finally dealt with before the commencement day has effect as if it were an application for the issue, renewal or variation of a permit under these regulations;

(c)any application for permission under regulation 20 of the repealed regulations that was made but not finally dealt with before the commencement day has effect as if it were an application for the issue of a permit under these regulations.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

metropolitan area2

permit2

By Authority: JOHN A. STRIJK, Government Printer