Exhibited Animals Protection Regulation 2021

This Regulation is the Exhibited Animals Protection Regulation 2021.

This Regulation commences on 1 September 2021 and is required to be published on the NSW legislation website.

Note—

This Regulation replaces the Exhibited Animals Protection Regulation 2010, which is repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).

In this Regulation—

authorised premises means premises to which an authority relates, including land occupied by the holder of the authority for, or in connection with, the exhibition of animals in accordance with the authority.

authority means a licence, an approval or a permit.

drive-through area means a part of an animal display establishment in which an animal is exhibited and through which the public may be permitted to drive motor vehicles without being separated from the animal by a fence, moat or cage forming part of the establishment.

enclosure includes a cage or other structure in which an exhibited animal is kept or is treated for illness or injury.

farm means a place at which 1 or more animals of a species set out in Schedule 1 are kept for the primary purpose of primary production.

fence includes a wall or other barrier.

fixed establishment means an animal display establishment comprising premises used, on an ongoing basis, for the display, and the keeping for display, of animals, other than the following—

a mobile establishment,

an off-display establishment.

licensed premises means premises to which a licence relates.

minor establishment means a fixed establishment at which no more than 30 animals are exhibited.

mobile establishment means an animal display establishment comprising premises used, on a temporary basis, for the display of the following animals, but only while the animals are displayed or kept for display at the premises—

animals that are the subject of an approval under the Act, section 22,

animals that are the subject of a permit.

off-display establishment means an animal display establishment comprising premises, including land, buildings, enclosures and facilities, used for the keeping for display of animals, but not the display of animals, that are—

the subject of an approval under the Act, section 22, or

the subject of a permit, or

ordinarily exhibited at a fixed establishment.

permit animal means an animal of a species set out in Schedule 2.

pet shop means premises in which animals are kept primarily for sale as pets in the course of a trade, business or profession.

Secretary means the Secretary of the Department.

the Act means the Exhibited Animals Protection Act 1986.

veterinary practitioner has the same meaning as in the Veterinary Practice Act 2003.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

An animal display establishment is exempt from the requirement to be licensed if the only animals exhibited at the establishment are freshwater fish that are kept—

in a decorative or landscaped pond or ponds of any size, or

in an aquarium that has a capacity of less than 2,000 litres or aquaria that have a total capacity of less than 2,000 litres.

An animal display establishment is exempt from the requirement to be licensed if the only animals exhibited at the establishment are saltwater fish that are kept in an aquarium that has a capacity of less than 2,000 litres or aquaria that have a total capacity of less than 2,000 litres.

An animal display establishment is exempt from the requirement to be licensed in relation to an animal if the animal is in an enclosed area and the Secretary is satisfied—

the animal is in a wild state, and

given the nature and circumstances of the animal and establishment concerned, it would be unreasonable to require the use of the establishment to be licensed, and comply with the licensing requirements, under the Act.

Note—

Certain wildlife sanctuaries require and maintain very limited human interaction with the animals kept in the sanctuaries. In these cases the Secretary may be satisfied it is unreasonable to require the operator of the sanctuary to comply with the strict requirements of a licence under the Act.

An off-display establishment is exempt from the requirement to be licensed if—

the animals being kept for display at the off-display establishment are animals authorised to be exhibited by a circus, and

the animals are being kept for display at the off-display establishment on a temporary and short term basis, and

the off-display establishment is not an off-display establishment at which the animals are ordinarily kept for display when the circus is not exhibiting the animals.

The display, or keeping for display, of an animal in the following circumstances does not constitute an exhibition of the animal for the purposes of the Act—

the animal is a free-living animal in its natural habitat,

the animal is a lawful captive and is part of a competitive display of household pets,

the animal is part of a competitive display of domestic farm animals,

the animal is a domestic farm animal being used to demonstrate the acquisition of wool, milk or other produce of a living animal,

the animal is of domestic hoof-stock and is performing, or is to perform, in an event at a rodeo,

the animal is a lawful captive that is not displayed, or kept for display, to the public,

the animal is displayed, or kept for display, in the course of carrying on the business of animal research, or in the course of carrying out animal research, without contravening the Animal Research Act 1985,

the animal, being an animal of a species listed in Schedule 3 and not being an animal kept under an approval or permit or at a licensed animal display establishment, is an animal used only for riding or racing,

the animal is kept in a pet shop for display and not for sale,

the animal, being an animal of a species listed in Schedule 1 and not being an animal kept under an approval or permit or at a licensed animal display establishment, is displayed—

at an agricultural show or show parade conducted by the Royal Agricultural Society or a society that is a member of the Agricultural Societies Council, or

at an agricultural field day conducted on a farm or showground, or

on the farm on which the animal is kept,

the animal, being an animal of a species listed in Schedule 1, and not being an animal kept under an approval or permit or at a licensed animal display establishment, is displayed, or kept for display, for the purpose of promoting an agricultural product derived from the species, and—

the animal is 1 of no more than 10 animals displayed, or kept for display, for the purpose at any 1 time, and

the display lasts for no more than 2 days at a time and is conducted at least 5 days after the most recent display of the animal, and

the animal is displayed near a display of the relevant agricultural product or shortly before or after a display of the product, and

the person who normally cares for the animal attends the animal for the duration of the display,

the animal is a fish that is kept at a fish hatchery or fish farm, otherwise than in a habitat display, for the purpose of—

commercial food production, or

re-stocking of lakes, dams or waterways,

the animal is a lawful captive and is being displayed, or kept for display, at a meeting of an association dedicated to the keeping of the type of animal to which the animal belongs,

the animal is being displayed, or kept for display, by a school student at a school for a single “show-and-tell” activity.

If the display of an animal that constitutes exhibition for the purposes of the Act and the display of an animal that does not, because of subsection (1), constitute exhibition for the purposes of the Act take place at the same time on the same premises, an authority issued in relation to the premises applies to all animals at the premises.

Example—

If a pony ride, which is not exhibition for the purposes of the Act because of section 5(1)(h), takes place at an exhibition or display farm to which an approval relates, the approval, and the terms, conditions or standards that have effect under the approval, also apply to the pony ride.

An educational, cultural, scientific or recreational purpose is a prescribed purpose.

For the purposes of the Act, section 13, the following are prescribed as classes of animal display establishments—

fixed establishments,

mobile establishments,

off-display establishments.

For the purposes of the Act, sections 12, 15 and 18, the following classes of animal display establishments are prescribed—

fixed establishments,

off-display establishments.

For the purposes of the Act, sections 14 and 25, the following, published by the Department or its predecessors, are prescribed as standards—

General Standards for Exhibiting Animals in New South Wales, published in February 2019,

Policy on Exhibiting Primates in New South Wales, published in March 2000,

Standards for Exhibiting Animals at Mobile Establishments in New South Wales, published in February 2019,

Standards for Exhibiting Animals during Temporary Removals in New South Wales, published in February 2019,

Standards for Exhibiting Australian Mammals in New South Wales, published in April 2006,

Standards for Exhibiting Bottle-nosed Dolphins (Tursiops truncatus) in New South Wales, published in April 1994,

Standards for Exhibiting Captive Raptors in New South Wales, published in May 2010,

Standards for Exhibiting Carnivores in New South Wales, published in August 2016,

Standards for Exhibiting Circus Animals in New South Wales, published in February 2019,

Standards for Exhibiting Seals in New South Wales, published in October 2008.

For the purposes of the Act, section 28(1), it is a condition of an authority that the exhibition of animals to which the authority relates must comply with the standards mentioned in subsection (1) that are applicable to the authority.

The Secretary, at the request of a person who is the applicant for or holder of an authority, may—

if the authority relates to an animal display establishment that was in existence before 9 June 1989—vary a standard otherwise applicable under this section to the establishment, or

if the authority relates to the exhibition of an animal that was exhibited by the person before 9 June 1989—vary a standard otherwise applicable under this section to the exhibition of the animal by the person.

If a standard is varied, the standard applicable to the establishment or exhibition of the animal concerned is the standard as varied.

The species of animals prescribed are set out in Schedule 2.

An application for the issue, renewal or variation of an authority or for the transfer of a licence—

must be made in writing in the form approved by the Secretary for the purposes of the application, and

must be accompanied by the relevant supporting documents referred to in the approved form and by the relevant fee or fees, and

for an application for renewal—must be lodged with the Secretary during the month of May that last precedes expiration of the authority.

An application for a renewal of an authority that complies with subsection (1) operates to renew the authority until—

the Secretary notifies the holder of the authority that renewal of the authority has been refused, or

the application is deemed to be refused under the Act, section 27(4).

An application for renewal of an authority is not required, and subsection (2) has effect as if an application for renewal complying with subsection (1) had been made, if—

the authority first takes effect during May or June, and

the fee or fees for renewal of the authority is or are paid before the next succeeding 1 July.

The Secretary must not issue a licence unless—

the applicant has, to the satisfaction of the Secretary, completed a course of study of a kind approved by the Secretary concerning the requirements of the Act and this Regulation, and

the applicant understands, to the satisfaction of the Secretary, the requirements of the Act and this Regulation.

An application is not required for a licence to be issued under the Act, section 18(4).

The fee for the lodgment of an application of a class specified in the Table to this section is the lodgment fee specified opposite the class of application.

The fee for the issue of an authority following an application of a class specified in the Table to this section is the issue fee specified opposite the class of application.

Despite subsection (2), if an authority issued by the Secretary is to take effect during a month other than July, the applicant is to pay—

the applicable lodgment fee, and

the applicable issue fee adjusted on a pro-rata basis.

In this section—

minor exhibitor means a person who exhibits or is to exhibit no more than 30 animals.

Table

Application for

Lodgment fee

Issue fee

Approval under the Act, section 18

$230

nil

Licence under the Act, section 18

nil

$285 for minor establishments, otherwise $1,035

Renewal of licence under the Act, section 18

$115

$285 for minor establishments, otherwise $1,035

Licence under the Act, section 18 and approval under the Act, section 22, if applications lodged by applicant at the same time

total fee for both applications—$230

total fee for issue of licence and approval—the higher of the issue fee applying to the issue of the licence and the issue fee applying to the issue of the approval, if applied for individually

Renewal of licence under the Act, section 18 and renewal of approval under the Act, section 22, if applications lodged by applicant at the same time

total fee for both applications—$115

total fee for issue of licence and approval—the higher of the issue fee applying to renewal of the licence and the issue fee applying to renewal of the approval, if applied for individually

Approval under the Act, section 19

$46

nil

Approval under the Act, section 22

$230

$285 for minor exhibitors, otherwise $1,035

Renewal of approval under the Act, section 22

$115

$285 for minor exhibitors, otherwise $1,035

Permit under the Act, section 24

$23 per species

nil if applicant holds current licence or approval, $285 if the applicant is a minor exhibitor, otherwise $1,035

Renewal of permit under the Act, section 24

nil if applicant holds current licence or approval, otherwise $23 per species

nil if applicant holds current licence or approval, $285 if the applicant is a minor exhibitor, otherwise $1,035

Transfer of licence under the Act, section 27

$230

$285 for minor establishments, otherwise $1,035

Variation of authority under the Act, section 27

$23

nil

An authority remains in force, unless it is earlier cancelled or in a period of suspension, until—

for an authority other than a renewed authority—1 July following the date on which the authority commences, or

for a renewed authority—1 July following the date on which the renewed authority commences.