Nature Conservation (Macropod) Conservation Plan 2017

This conservation plan may be cited as the Nature Conservation (Macropod) Conservation Plan 2017.

This plan commences on 1 September 2017.

Section 121(2) of the Act does not apply to this plan.

The main purpose of this plan is to manage the taking, keeping and use of macropods to ensure the taking, keeping and use is ecologically sustainable and humane.

The main purpose is achieved by—

prescribing additional restrictions on the grant of particular animal authorities for macropods; and

limiting or extending what holders, or relevant persons for holders, of particular animal authorities for macropods may do under the authorities; and

stating matters about records and returns of operations for particular animal authorities, including for the Nature Conservation (Animals) Regulation 2020, chapter 8, parts 1 to 4; and

otherwise regulating the carrying out of activities in relation to macropods under the Act.

This plan also—

provides for additional authorised taking, keeping or use of macropods by landholders or holders of particular animal authorities; and

declares products made or derived from particular macropods as processed products.

The dictionary in schedule 2 defines particular terms used in this plan.

Subject to subsection (1), and unless this plan provides otherwise, terms used in it have the meaning given in the Nature Conservation (Animals) Regulation 2020.

Unless stated otherwise, scientific names used in this plan for macropods follow Van Dyck, S. and Strahan, R. (ed), 2008, The Mammals of Australia, New Holland Publishers, Chatswood, NSW, Australia.

This part—

states circumstances in which the taking, keeping or using of macropods is authorised under the Act; and

limits and regulates the movement of macropods otherwise authorised under the Nature Conservation (Animals) Regulation 2020; and

regulates other matters relating to the movement of macropods.

The chief executive may give a landholder a written approval allowing the landholder, during a stated period of not more than 3 months, to keep and use, or to give to another person, the meat from a macropod that is taken—

by a stated holder of a macropod harvesting licence (the licence holder); and

from the landholder’s land.

The landholder may, during the stated period—

accept the skinned carcass of a macropod taken—

by the licence holder; and

from the landholder’s land; and

keep and use, other than for a commercial purpose, the meat from the carcass as bait for a restricted invasive animal; and

if the approval states the landholder may give the meat from the carcass to another person—give the carcass or the meat to another person.

This section does not authorise the licence holder to sell the skinned carcass to the landholder.

In this section—

restricted invasive animal means an animal that is restricted matter and is prescribed as invasive biosecurity matter under the Biosecurity Act 2014.

use does not include sell or give away.

This section applies if—

the holder of a macropod harvesting licence takes a female macropod under the licence; and

the macropod has a joey that—

is in the macropod’s pouch; or

is otherwise dependent on the macropod.

The holder may kill the joey if the holder kills the joey in the way stated in the Australian macropod code.

The holder of a macropod harvesting licence who kills a joey under this section—

must leave the joey at the place where it was killed; and

does not take the joey under the licence.

A person may move a dead macropod under a relevant provision only if the person—

fills in a movement advice properly for the movement before the movement happens; and

ensures the part of the advice marked ‘part 1’ is given to the chief executive within 7 days after the movement happens; and

ensures the parts of the advice marked ‘part 2’ and ‘part 3’ are—

attached to the dead macropod or the container in which the dead macropod is being moved; or

otherwise in the possession of the person moving the dead macropod.

For subsection (1), a movement advice is not filled in properly if it relates to more than 1 movement of a macropod.

A person to whom a dead macropod is moved under a relevant provision may buy, accept or receive the dead macropod under another provision of the Act only if the person ensures the part of the movement advice marked ‘part 3’ is given to the chief executive within 7 days after the movement happens.

In this section—

relevant provision means each of the following provisions of the Nature Conservation (Animals) Regulation 2020—

sections 49 and 52;

section 74;

section 75;

section 131.

A person who moves a dead macropod under a relevant provision must keep a record for the movement.

Note—

For the requirements for records relating to animals, see the Nature Conservation (Animals) Regulation 2020, chapter 8.

The record must include a copy of the movement advice filled in for the movement under section 9A.

The record must be made within 72 hours after the movement happens.

In this section—

relevant provision means each of the following provisions of the Nature Conservation (Animals) Regulation 2020—

sections 49 and 52;

section 74;

section 75;

section 131.

A person must not, without a reasonable excuse, tamper with a movement advice filled in under section 9A.Maximum penalty—50 penalty units.

In this section—

tamper with, a movement advice, means—

destroy the advice; or

remove a part of the advice, unless the removal is required or permitted to comply with section 9A; or

cover, erase or modify an entry on the advice.