Biodiversity Conservation Regulations 2018

In this regulation —

failing to provide adequate or sufficient information in connection with the making of the application; or

making a false or misleading statement in, or in relation to, an application under a designated Act; or

contravening, or failing to comply with, a condition of a licence under the Act or a repealed Act; or

being the holder (or former holder) of a licence that has been suspended or cancelled under the Act or a repealed Act; or

being found guilty of a designated offence.

In considering an application for a licence or the renewal of a licence (an application), the CEO may take into account any matter the CEO considers relevant to the application.

Without limiting subregulation (2), in considering an application, the CEO may take into account —

whether the applicant or, in the case of a body corporate, whether an officer of the body corporate —

has been involved in a disqualifying event; and

is or is not, in the opinion of the CEO, a fit and proper person or otherwise suitable to hold a licence;

the proper conservation, protection and management of fauna and flora; and

the public interest (and especially the extent to which the operation of the licence would not be in the public interest).

Without limiting subregulation (2) or (3), in considering an application under Division 2, the CEO may take into account —

for a licence authorising the taking of fauna —

whether the applicant has the experience, skills or qualifications required to appropriately perform any activities to be carried out under the licence; and

whether the applicant has the equipment and facilities to appropriately manage the fauna (including dead fauna); and

in the case of a licence to take fauna for commercial purposes, whether the applicant has a suitable cold storage facility, or has a dealer to whom the applicant will be able to supply the fauna taken under the licence; and

whether the applicant holds any licence or other authority that may be required under another law in connection with any activity to be carried out under the licence;

for a licence authorising the taking or releasing of any species, the impact that the granting of the licence would have on the conservation of that species, or of any other species; and

for a licence authorising the possession of fauna, the impact that the granting of the licence would have on the welfare of any fauna; and

without limiting paragraphs (a) to (c), the suitability of any place, equipment or enclosure that may be used in connection with the care, possession or management of fauna if the licence were to be granted; and

whether the fauna may be classified as fauna causing damage; and

the extent to which any fauna pose, or could pose, a risk to public health or safety.

The CEO may delay making a decision on an application until —

a person authorised by the CEO has conducted an inspection of any place and provided a report to the CEO for the purposes of assessing the application; and

the applicant has paid the appropriate inspection fee under Schedule 7.

The CEO may refuse an application if the applicant fails to allow an inspection under subregulation (5)(a) to occur within a period specified by the CEO.