Biodiversity Conservation Regulations 2018

The CEO must issue guidelines under regulation 10(1) relating to fauna that may be possessed as pets under these regulations.

The CEO guidelines must specify the following categories of fauna that may be possessed or dealt in as pets —

fauna in relation to which a licence is not required to keep the fauna as a pet, to deal in or display the fauna if it is being kept as a pet, or to import or export the fauna if it is to be kept as a pet (Category A);

fauna in relation to which a standard fauna possessing (pet keeper’s) licence or a standard fauna dealing (pet dealer’s) licence is required (Category B);

fauna in relation to which an advanced fauna possessing (pet keeper’s) licence or an advanced fauna dealing (pet dealer’s) licence is required (Category C).

The CEO may include a species of fauna in Category A if —

the fauna is not threatened fauna or specially protected fauna; and

the fauna is listed in the WA Organisms List published under the Biosecurity and Agriculture Management Act 2007 as a permitted organism, or a declared pest, in the exempt keeping category; and

the CEO considers that the fauna is readily accessible in the pet trade in the State or elsewhere in Australia; and

the CEO considers that the fauna does not meet the criteria specified in subregulation (4)(d) or (5)(b); and

the CEO considers that the fauna meets all of the following criteria —

it is of a species that is not likely to be the subject of illegal trade and is not likely to be illegally taken from the wild;

it is resilient to handling and to being kept in captivity;

it does not have any special feeding or housing requirements;

it is not dangerous to public health or safety;

it does not represent a biosecurity risk;

the CEO considers that there is no other reason to justify placing restrictions on the ability of a person to keep the fauna as a pet.

The CEO may include a species of fauna in Category B if —

the fauna is not threatened fauna or specially protected fauna; and

the CEO considers that the fauna is commonly available in the pet trade in the State or elsewhere in Australia; and

the CEO considers that the fauna does not meet the criteria specified in subregulation (5)(b); and

the CEO considers that the fauna meets 1 or more of the following criteria —

it is of a species that may be the subject of illegal trade and is likely to be at risk of being taken from the wild;

its keeping requirements are not adequately known or it has special keeping requirements;

it possesses some risk to public health or safety;

it has high economic value;

it requires the issue of import or export licences on the basis that its trade or movement may represent a biosecurity risk.

The CEO may include a species of fauna in Category C if —

the CEO considers that the fauna is —

available in the pet trade in the State or elsewhere in Australia; or

suitable to be kept as a pet;

the CEO considers that the fauna meets 1 or more of the following criteria —

it is of a species that is the subject of, or that is highly likely to be the subject of, illegal trade and is of high risk of being taken from the wild;

it requires specialist keeping facilities or expertise, or is otherwise very difficult to keep in captivity;

it is venomous or otherwise is dangerous to public health or safety;

it has very high economic value;

it requires the issue of import or export licences on the basis that its trade or movement represents a high biosecurity risk.

There is no obligation on the CEO to include a particular species of fauna in CEO guidelines issued for the purposes of this regulation.