FINAL Q&As - Wildlife Regulations 2013
PROPOSED REGULATIONS (GENERAL)
Q1. When do the Wildlife Regulations 2002 expire?
A. The Wildlife Regulations 2002 expire on 24 June 2013 after a one-year extension, and have
been replaced with the Wildlife Regulations 2013 which come into effect on the 23 June 2013.
Q2. Why do we need new regulations?
A. We need wildlife regulations so that keepers and traders of wildlife have suitable guidelines to
abide by that maintain ethical, safe and responsible treatment of our precious native wildlife. If
the Wildlife Regulations 2002 were allowed to expire and not remade, approximately 12,000
private wildlife keepers would no longer legally be allowed to keep wildlife in Victoria. There are
also approximately 400 commercial wildlife businesses who would no longer legally be allowed to
trade in wildlife in Victoria.
Q3. What will the Wildlife Regulations 2013 do?
A. The Wildlife Regulations 2013 establish a licensing system to ensure sustainable practices and
responsible, ethical and safe wildlife possession, trade and use in Victoria. They prescribe licence
categories, conditions and restrictions for the private and commercial possession and trade of
wildlife. The regulations prescribe fees, offences and royalties, the taxa of wildlife which may be
kept by licence holders, and record keeping and reporting requirements. They also include
requirements to protect wildlife welfare and habitat, and exemptions from certain requirements
of the Wildlife Act 1975.
LICENCE CATEGORIES
Q4. Why do I need a licence to be able to keep wildlife in Victoria?
A. Under the Wildlife Act 1975 it is an offence to take, trade, keep or use wildlife from the wild or
to destroy wildlife in the wild without the appropriate licence or authority. However, there are a
number of legitimate circumstances where the possession, trade or use of native wildlife is
sustainable and can be undertaken in a humane manner.
Making wildlife available for possession, trade and use in these circumstances provides many
social and economic benefits to the Victorian community. However, it is important to ensure that
sustainability, animal welfare and safety are not compromised as a result of licensed or
authorised possession, trade and use. Hence, the regulations prescribe a range of rules and
processes to manage wildlife possession, trade and use in Victoria.
Q5. Who will require a licence under the regulations?
A. A Private Wildlife Licence is required for people wishing to privately keep captive-bred wildlife
as pets. This includes species that are common in the captive trade and easy to care for, as well as
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species that have complex husbandry requirements (such as venomous snakes or dingoes). A
licence is also required for people wishing to keep dead wildlife that has been taxidermied.
A Commercial Wildlife Licence is required for businesses that wish to trade in captive-bred
wildlife (e.g. pet shops), provide wildlife demonstrations for educational purposes (e.g. at
schools), display wildlife at a permanent location (e.g. wildlife parks), farm wildlife, process
wildlife products from carcasses that have been obtained from a legal source or control wildlife
that is causing disturbance or damage to persons or property (e.g. venomous snakes).
Q6. What are the different licence categories under the regulations and what are they for?
A. There are four categories of Private Wildlife Licence and eight categories of Commercial
Wildlife Licence available in Victoria under the regulations. These are:
Private Wildlife Licences –

A Wildlife Basic Licence allows the holder to obtain, keep and sell certain wildlife for
recreational purposes only.

A Wildlife Advanced Licence allows the holder to obtain, keep and sell certain wildlife for
recreational purposes only, including easy to keep species, but also those that require
specialised husbandry skills and equipment (e.g. venomous snakes).

A Dingo Licence allows the holder to obtain, keep and sell dingoes for recreational
purposes only. Also allows those dingoes to be taken to a location other than the specified
premises for exercising, obedience training, non-commercial education purposes or
display at canine shows.

A Wildlife Specimen Licence allows the holder to obtain, keep and sell prepared or
mounted specimens of dead wildlife for recreational purposes only.
Commercial Wildlife Licences 
A Wildlife Controller Licence allows the holder to take wildlife from the wild and to
destroy, dispose of or sell that wildlife for the purpose of removing danger to persons or
damage to property. Species that may be controlled under this licence include venomous
snakes, Common Brushtail Possums and Sulphur-crested Cockatoos.

A Wildlife Dealer Licence allows the holder to obtain and sell certain wildlife for
commercial purposes.

A Wildlife Demonstrator Licence allows the holder to demonstrate certain wildlife at a
range of locations for the purpose of promoting an understanding of the ecology and
conservation of wildlife. Such demonstrations are often carried out at shopping centres or
schools.

A Wildlife Displayer Licence allows the holder to display certain wildlife in permanent or
fixed facilities (eg. wildlife parks). They may also display wildlife at other sites, providing
the welfare of the animals is not compromised and the display has a clear conservation
and education theme.

A Game Bird Farmer Licence allows the holder to farm game birds that have been bred in
captivity for the purpose of releasing them on a specified premise for hunting.

A Wildlife Processor Licence allows the holder to obtain, sell, and process dead
wildlife for the purpose of providing wildlife products for sale (e.g. kangaroo
products that are imported from a legal source interstate).
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
A Wildlife Farmer Licence allows the holder to farm wildlife, specifically emus, for the
purpose of providing wildlife products (e.g. emu meat or eggs) for sale. The licence holder
is also allowed to display that wildlife to the public.

A Wildlife Taxidermist Licence allows the holder to obtain, sell, dispose of and process
wildlife certain species of wildlife for the purpose of preserving, preparing and mounting,
and restoring, parts or complete specimens of dead wildlife.
Q7. Why have some licence categories been combined?
A. During the cost benefit assessment in the Regulatory Impact Statement, it was found that the
administrative and compliance effort for processing licences was the same for the sub-types of
some commercial licence categories (e.g. Wildlife Controller Type 1 and Wildlife Controller Type 2
licences). As such, it was decided to streamline and simplify the licence categories by combining
these commercial licence categories into one licence.
The proposed Regulations combine the following licence categories:
Wildlife Controller Type 1
Wildlife Controller licence
Wildlife Controller Type 2
Wildlife Dealer Type 1
Wildlife Dealer licence
Wildlife Dealer Type 2
Wildlife Taxidermist Type 1
Wildlife Taxidermist licence
Wildlife Taxidermist Type 2
The combined licence categories provide a benefit to a number of Victorian businesses because
they will be entitled access to a larger list of species under their licence. These changes result in
less confusion for licence holders regarding which licence type to obtain and what their
entitlements are. They also allow DEPI to streamline administrative arrangements, thus reducing
the administrative burden and improving efficiencies of the licensing system.
The combination of licence categories has affected the fees payable by licence holders. Refer to
questions 8, 14 and 15 for more information about fees.
Q8. What are the implications for me as a holder of one of the combined commercial wildlife
licence categories? Will I be charged more?
A. In the regulations, licence categories have been combined for the Controller, Dealer and
Taxidermy categories.
The new Wildlife Controller licence authorises licence holders to control all wildlife listed in
Schedule 6 of the regulations. For businesses previously holding a Wildlife Controller Type 2
Licence (limited to controlling reptiles), the combined licence results in a fee increase from
$125.30 to $256.80. A public good discount of 50% has been applied to this fee compared to the
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fee that would have otherwise applied to cover the cost of administering such licences ($500).
This discount is in recognition of the human safety service wildlife controllers provide to the
community. However it also has the benefit of access to more species that can be controlled
under the licence and greater business opportunity. The discount was increased from 25% to 50%
in response to public comment received on the Regulatory Impact Statement.
The new Wildlife Dealer licence authorises licence holders to deal in wildlife listed in Schedule 2,
3A, 4 and 7 of the regulations. Businesses previously holding a Wildlife Dealer Type 1 licence
(limited to taxon from Schedules 3 and 5), will now be able to trade in a broader list of species.
This will result in savings in licence fees for businesses previously operating under a Wildlife
Dealer Type 1 Licence (from $751.80 to $734.40), as well as a significant savings in licence fees for
businesses currently operating under a Wildlife Dealer Type 2 Licence (from $1879.50 to
$734.40).
The new Wildlife Taxidermist licence will authorise licence holders to undertake taxidermy on all
wildlife listed in Schedule 2, 3 and 4 in the regulations. For businesses previously holding a
Wildlife Taxidermist Type 1 Licence (limited to introduced game birds and deer), the combined
licence results in a fee increase from $250.60 to $522.50. However it also has the benefit of
access to more species under the licence and greater business opportunity. The combined
category results in savings for businesses previously holding a Wildlife Taxidermist Type 2 Licence
(from $751.80 down to $522.50).
Q9. Why is there a new category of licence for the private keeping of dingoes?
A. In 2008 pure bred Dingoes (Canis lupus dingo) were listed as a threatened species under the
Flora and Fauna Guarantee Act 1988 and as a consequence became protected under the Wildlife
Act 1975.
Previously the private keeping of dingoes is permitted via an authorisation issued under the
Wildlife Act. No fee is charged for this authorisation which is inconsistent with all other licensing
and fee arrangements for the private keeping of wildlife in Victoria and may not be considered
fair by other wildlife licence holders.
To make the licensing of dingo keeping consistent with other wildlife licenses in Victoria, a Dingo
Licence has been included in the new regulations to replace the current dingo keeping
authorisations.
To assist authorised private dingo keepers with the transition from their current authorisation to
the new licence, it is intended that the new Dingo Licence will be phased in when the current
authorisations expire in 2015.
Q10. Why is there now a fee for the private keeping of dingoes, when previously there wasn’t?
A. The new Dingo Licence will incur a licence fee, as with all other wildlife licences, in order to
recover the costs of administering and ensuring compliance with the licence. The annual fee for
the Dingo Licence has been set at 9.6 fee units ($123.20) given that dingoes require specialist
husbandry and require an inspection by a DEPI authorised officer prior to approving the Dingo
Licence and acquisition of dingoes under the licence.
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DEPI have not charged a fee for an authorisation under the Wildlife Act to privately keep dingoes
in the past because it was considered an interim measure until a more appropriate licensing
system could be put in place.
To give authorised private dingo keepers time to plan for the transition from their current
authorisation to the new licence, it is intended that the new Dingo Licence will be phased in when
the current authorisations expire in 2015.
Q11. What are the implications of the new Dingo Licence for private dingo keepers?
A. The Dingo Licence authorises the licence holder to possess, keep, breed, buy, sell and dispose
of any dingo specified in the licence for non-commercial purposes, and possess any dingo at
other sites for the non-commercial purposes of exercising, obedience training, education, or
display at shows conducted by a canine associated.
When the new regulations come into effect on the 23 June 2013, all people wishing to keep
dingoes in Victoria will need to obtain a Dingo Licence. Dingo keepers who currently hold an
authorisation under the Wildlife Act 1975 do not need to transition to the new licence until their
current authorisation expires in 2015. These people will be provided with the relevant Dingo
Licence forms prior to their authorisation expiring, to assist with the transition to the new licence.
Most of the conditions relating to the current dingo authorisations remain the same under the
regulations however record keeping requirements have now changed. Under the regulations, a
Dingo Licence holder must adhere to the following:
General

A person must be 18 years of age or older to hold a Dingo Licence
Enclosure and restraints

Dingoes must be kept in permanent and fixed enclosures that are child-proof and of
sufficiently secure design and construction to prevent escape of dingoes and prevent
unauthorised access to dingoes

Dingoes must be kept at the address specified in the licence, except for the purposes of
exercising, obedience training, education or display at shows conducted by a canine
associated or if approval has been first obtained from DEPI.

Dingo enclosures must be constructed prior to application for the Dingo Licence and the
acquiring of dingoes under the licence

When outside the premises specified in the licence, any dingo must wear a collar around
its neck with an identification disc attached to the collar which clearly states the name
and phone number of the licence holder and the licence number

Dingoes must be effectively confined to an enclosure, or when outside an enclosure, are
effectively controlled at all times by a physical means of restraint including through use of
a chain, cord, leash or harness, even within a designated “off-lead” area
Access

If a person other than the licence holder interacts with a dingo, the licence holder must
ensure that the interaction is done in a manner which minimises the risk of injury to any
person or the dingo
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
Persons under 16 years of age are not allowed unsupervised access to dingoes at any time
Record keeping

There is no longer the requirement to submit to DEPI a Dingo Acquisition Form or Dingo
Disposal Form every time a dingo is bought or sold under the new Dingo Licence. Dingo
Licence holders are instead required to record any transactions relating to their dingoes in
a record book supplied by DEPI, and to submit an annual return to DEPI. This is consistent
with recording requirements of other wildlife licence holders.
In the event of escape

In the event of the escape of any dingoes:

DEPI must be notified of the escape and the micro-chip of each escaped
dingo, within 2 business days of becoming aware of the escape, and

all reasonable efforts must be made to recapture, humanely destroy or
otherwise determine the fate of the escaped dingo.
Bought, acquired, sold or disposed of

Dingoes can only be bought, acquired, sold or disposed of from another Dingo Licence
holder, a Wildlife Displayer Licence holder or if written approval has been obtained from
DEPI

A Dingo Licence holder must not sell or dispose of dingoes from a shop or business or for
commercial purposes from the premises specified in the licence
Breeding and dingo pups

Pure-bred dingoes are not permitted to be inter-bred with dingo-dog hybrids, unless with
prior written approval from DEPI

Dingo pups less than seven weeks of age must not be sold, lent, traded, consigned or
disposed of

All dingoes that are seven weeks of age or over must be durably marked for identification
purposes with a microchip, or by any other technique approved by DEPI
Q12. Why has the Assistant Licence category been abolished? What are the new requirements
on employers?
A. The primary purpose of the Assistant Licence category under the previous regulations was to
ensure DEPI had the ability to identify employees of a Commercial Wildlife Licence holder,
stipulate what those employees may or may not do with wildlife and to ensure that both the
employer and employees are accountable for their actions. However the review of the previous
regulations identified that there are other means of achieving these objectives than requiring
employees to be licensed and to incur a fee for that licence.
As a result, the Assistant Licence category has been abolished. Instead, under the new
regulations, Commercial Wildlife Licence holders must:


submit a register of all employees undertaking activities under their licence to DEPI
ensure their employees are aware of the requirements of the licence, are provided with a
copy of the licence and carry that copy with them when operating away from the
specified premises
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
record each transaction involving wildlife in a record book and ensure this is initialed by
the employee who undertook that transaction.
These new requirements provide DEPI with the information required to be able to effectively
monitor employee actions with wildlife, while at the same time lower the financial and regulatory
burden on wildlife businesses.
LICENCE FEES
Q13. How much will each licence cost?
A. Under the regulations, wildlife keepers, traders and users are required to pay a fee for a
wildlife licence (those eligible for concessions have a discounted fee).
The fees are set as fee units in the regulations. Currently, one fee unit is equivalent to $12.84.
Each year under the Monetary Units Act 2004 the fees will increase by a rate set by the Treasurer
to take account of general rises in prices (inflation).
Please refer to the relevant application forms available on the DEPI website for the fee for each
licence category.
Q14. Have licence fees increased? Why?
A. Fees have been assessed and re-set in accordance with Victoria’s Cost Recovery Guidelines. As
a result, fees for some licence categories have remained approximately the same, where as
others have dropped substantially or have risen. This is largely due to changes in the guidelines
since the previous regulations were made in 2002. The revenue raised from these fees will be
used to recover costs associated with administering and managing the licensing system and the
costs of compliance and enforcement of the regulations.
Commercial Wildlife Licence holders who previously held a licence that has been combined with
another category under the new regulations may be please to find that their fees have
decreased. Others may find that their fee has increased but so has their entitlement, meaning
that under the new regulations, they will have access to a greater list of species under the new
licence category, providing greater opportunity for their business.
Discounts have also been applied to the fees for some licence categories. Refer to questions 8
and 15.
Q15. Why have some licence categories been given a discount (Wildlife Controller, Wildlife
Demonstrator and Wildlife Displayer), whereas others haven’t?
A. With respect to fees, DEPI has applied discounts and/or concessions wherever possible. The
regulations allow for eligible recipients under the State Concessions Act 2004 to be entitled to a
50 per cent discounted licence fee.
The fees for some commercial licence categories have also been reduced to recognise a public
good contribution to education or managing public risk. These include the Wildlife Controller
Licence to which a 50% discount was applied in recognition of the public safety service they
provide to the community, and the Wildlife Demonstrator and Displayer Licences to which a 25%
discount was applied for the educational services they provide. This discount is compared to the
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fee that would be payable to recover administrative and compliance activities related to the
licence as set out in the Victorian government guidelines.
Q16. Why have the fees increased compared to those advertised in the Regulatory Impact
Statement in April 2013?
The fees are set as fee units in the regulations. Each year (at 1 July) under the Monetary Units Act
2004 the fees will increase by a rate set by the Treasurer to take account of general rises in prices
(inflation).
At the time that the Regulatory Impact Statement and draft regulations were released for public
consultation, the fee unit was set at $12.53. Hence at that time, proposed fees were calculated
using this fee unit. However, as of the 1 July 2013, fee units have risen with inflation to $12.84 for
one fee unit. Therefore as of 1 July 2013, fees are now calculated using the new fee unit of
$12.84.
Q18. What is the licence revenue used for?
A. The licence fees received will be used for covering the costs of administering and issuing
licenses, and for monitoring and enforcement of licence holders.
CONCESSIONS ON WILDLIFE LICENCES
Q19. Which licence categories are eligible for a concession?
The concession is available for only private wildlife licence holders (being holders of the Wildlife
Basic Licence, Wildlife Advanced Licence, Dingo Licence and Specimen Licence).
Where it is stated that "those that are eligible for concessions have a discounted fee", the term
"eligible" means a person who holds a health care card or a concession card (including a
pensioner concession card) under the State Concessions Act 2004.
The concession is a 50 per cent discounted licence fee.
TRANSITION TO NEW LICENCE CATEGORIES
Q20. What does it mean for my current licence when the new Regulations come into effect?
Will my current licence automatically expire?
A. To ensure a smooth transition as the new regulations come into effect, all current licences will
remain valid until such time as they expire. Once they expire, they will be renewed (should the
applicant wish to renew) under the new regulations.
Any new applications for a wildlife licence will be assessed and a licence issued under the new
regulations once they come into effect.
All current private wildlife licences issued under the Wildlife Regulations 2002 remain valid
until they expire on 30 September 2013. Information regarding renewal of private wildlife
licences under the Wildlife Regulations 2013 will be sent to licence holders in August 2013.
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Regarding schedules under the Wildlife Regulations 2013:
 all existing Private Wildlife (Basic) Licence holders are able to access species listed
on Schedule 2 and 7 of the Wildlife Regulations 2013
 all existing Private Wildlife (Advanced) Licence holders are able to access species listed
on Schedule 2, 3 and 7 of the Wildlife Regulations 2013
All provisions in the Wildlife Regulations 2013 now apply to all private wildlife licence holders.
These include (but are not limited to):
 the requirement to include licence number on all advertisements for sale (regulation 22)
 all record keeping and return requirements (regulation 27 - 32)
 all requirements relating to theft, loss and damage (regulation 33)
 requirement to notify DEPI within 10 business days of a change of name or address
(regulation 36)
 requirement to comply with a direction to mark wildlife (regulation 37(3))
 requirement that wildlife must be bought, sold or disposed of from the specified premises
(regulation 39)
 all protection of wildlife provisions in Part 3, including the housing (regulation 43) and
transport (regulation 44) requirements, the restrictions around buying, selling, disposing,
consigning or transporting wildlife that is not self-sufficient (regulation 45) and the interbreeding of wildlife (regulation 46)
 all exemptions in Part 4
 conditions of the equivalent private wildlife licence in Part 5
Current dingo authorisations issued under the Wildlife Act which are not due to expire until 30
June 2015. After their expiry, all private dingo keepers will be required to renew their
authorisation via a Dingo Licence under the new regulations if they wish to continue keeping
dingoes.
Assistant Licences which will cease to exist when the new regulations come into effect on the 23
June 2013. DEPI will facilitate the process of transition for Commercial Licence Holders to
register their employees with DEPI at the time of their licence renewal.
Q21. How do I move across to the new licence type under the new regulations?
A. As the expiry date of your current licence approaches, you will be sent a letter in the mail
asking if you wish to renew your licence under the new wildlife licence category and with
payment information for the fee. Once your fee has been received and it has been determined
that you have been compliant with submitting your returns under your previous licence, you will
be sent a new licence in the mail.
Q22. Where can I find an application form for a wildlife licence?
A. All applications forms are available from the DEPI website or via the Customer Service Centre
on 136 186.
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REPORTING AND RETURN REQUIREMENTS
Q23. Why do I need to record information and submit returns to DEPI?
A. Annual returns for wildlife by licence holders helps DEPI to proactively manage private and
commercial keeping and trading of wildlife in Victoria. It provides a means of monitoring the
compliance of licence holders with conditions of their licence, as well as ensuring wildlife is
sourced legally (that is, not taken illegally from the wild) and treated humanely.
Annual returns also provide data on the supply and demand of species in the captive trade
industry, which can then be used to review species listed in the Schedules.
Summary information of returns data is routinely provided to the Wildlife Possession and Trade
Advisory Committee (WPTAC) for distribution to interest groups and occasionally provided to
researchers when requested.
WILDLIFE ON SCHEDULES
Q24. What are the Schedules?
A. The Schedules in the regulations define which species of wildlife may be kept and/or traded
and/or used by particular licence categories, or without the need for a licence.
For example, Schedule 2 lists species that are common in captivity and easy to keep. These
species are available to a person holding a Wildlife Basic Licence and Wildlife Advanced Licence
for private keeping purposes. Schedule 3 lists species with more complex husbandry
requirements, for which only persons holding a Wildlife Advanced Licence may keep.
Q25. Why aren’t all species of wildlife allowed to be kept or traded in Victoria?
A. Under the Wildlife Act 1975, all wildlife is protected and it is an offence to take wildlife from
the wild, unless with an appropriate licence or authorisation. In some circumstance it is
appropriate for people to be allowed to keep wildlife or businesses to trade in wildlife, such as
when a captive-bred population exists. However, in other circumstances it is not appropriate.
When assessing whether a species can be added to the Schedules, DEPI considers the following:

an assessment of the potential risk to human health and safety

the numbers of specimens in captivity Australia wide

an assessment of the species’ pest potential in Victoria

the conservation status of the species

potential impact on Victorian taxa if the species escapes from captivity

details of husbandry requirements.
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Q26. What changes have been made to species of wildlife listed on the Schedules?
A. Changes have been made to the species listed in the Schedules to allow the keeping and
trading of 15 new species of wildlife and to reduce the regulatory restrictions around seven
other species. Sub-species have also been listed for some taxa and taxonomic name changes
have been made to update others. These changes were based on preliminary consultation.
For a full list of changes to the Schedules, please visit the Keeping and Trading Wildlife pages on
the DEPI website.
Q27. Why are some of the species listed on the schedules threatened species?
The Wildlife Regulations 2013 allow for the keeping, trading and use of species listed in the
Schedules that have been captive bred only (that is, the offspring of animals already being kept in
captivity) and that are from a legal source. This means that wildlife cannot simply be taken from
the wild to be kept or sold as pets or for any other use. In fact, this is an offence under the
Wildlife Act 1975 without the appropriate authorisation to do so. Wildlife are only included on
the schedules where there is a sufficient captive bred population to support the trade.
Therefore allowing people to keep, trade or use wildlife with an appropriate wildlife licence does
not impact on Victoria’s wild populations of native wildlife, including threatened species. In fact,
it actually assists DEPI’s compliance officers in monitoring and tracking legal trade of wildlife,
thereby also identify illegal trade that can be further investigated and prosecuted.
Q28. What is stopping someone from going out and taking wildlife for themselves from our
National Parks and other bushland areas?
A. In Victoria, it an offence under the Wildlife Act 1975 to take protected wildlife from the wild.
Any person illegally possessing, breeding, trading or displaying native wildlife without a licence is
liable for fines up to $28,000 and/or 2 years imprisonment.
Along with issuing licences for the legal possession and trade of wildlife, DEPI also has a
compliance role in enforcing legislation, by responding to public complaints, conducting
investigations, issuing fines and prosecuting cases through the courts. This is to help deter and
reduce illegal activities, such as the illegal take of wildlife from National Parks and other bushland
areas.
Q29. Why do we allow people to trap or kill wildlife in Victoria? Shouldn’t they be protected?
A. All wildlife are an important part of Victoria’s biodiversity, and are protected under the Wildlife
Act 1975. However, the balance of many native species has altered with human population
growth, urbanisation, habitat fragmentation and agricultural management practices. Some
species that were once abundant are now threatened. Conversely, some have become overabundant.
Inevitably, as humans have expanded into wildlife habitat, conflicts between wildlife and human
interest have occurred and, in some instances, active wildlife management is required to reduce
economic, social or environmental losses sustained by people. For example wildlife may damage
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built assets (e.g. buildings, houses), threaten human safety (e.g. swooping birds, venomous
snakes), or cause damage to crops.
DEPI is committed to the conservation of wildlife in Victoria. However, it also recognises that
sometimes wildlife control is necessary. It is unrealistic to expect farmers and other landholders
not to undertake some form of action to reduce damage that may be affecting their livelihood,
property or well being. It is also unrealistic to believe that non-lethal management methods (such
as fencing or netting) will resolve all problems.
When non-lethal methods of wildlife are ineffective, Wildlife Controllers, licensed by DEPI, are
authorised to use a range of methods to remove the danger to persons or damage to property
from that wildlife (e.g. dispersal, trapping and destruction by a veterinarian).
Q30. What are the new requirements I must meet regarding advertising wildlife for sale?
A. A new obligation is placed on licence holders to include their licence number on any signs
relating to wildlife for sale. This allows DEPI compliance officers to track and monitor transactions
involving wildlife to ensure each trade is legal (i.e. between two licensed parties (if required) and
the animal is captive bred or from another legal source).
COMMERCIAL WILDLIFE INDUSTRY
Q31. Can my licence be issued to my business, rather than in my name?
A. The regulations now allow for licenses to be issued to corporate bodies as well as to natural
persons. If the licence is to be issued to a corporation, then it is a requirement that a ‘responsible
person’ must be nominated for the premise, and each business premise that wishes to carry out
the activities of the licence must hold a separate licence.
Q32. I am a Wildlife Demonstrator. Am I still restricted to having a maximum of 10
specimens of one species at any one time?
A. No. There has been a change to the conditions of the Wildlife Demonstrator Licence. The
restriction on the number of animals from any taxa that can be held has been removed.
Q33. I am a Wildlife Controller. Why do I now need to label my equipment with my licence
number?
A. A new obligation is placed on holders of a Wildlife Controller Licence to include their licence
number on all equipment used. This provision improves DEPI’s ability to track and monitor
the take of wildlife from the wild through being able to identify equipment such as traps, and
ensure it belongs to a licensed Wildlife Controller.
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Q34. Why does DEPI licence the breeding of birds on farms only to be shot, when you are
supposed to be conserving and protecting native fauna?
A. The Victorian Government supports the sustainable use of wildlife including game hunting.
The Wildlife Act 1975, provides for game hunting and ensures it occurs in a sustainable manner.
Game species include eight species of native duck, one species of native quail, six species of
introduced deer and introduced game birds such as pheasants and partridge. The administration
of game hunting is managed by Game Victoria, DEPI.
There is a commercial demand in Victoria to breed and release introduced game birds for the
purpose of game hunting, on private property. The licensing and regulation of game hunters is
covered by the Wildlife (Game) Regulations 2012, while the Wildlife Regulations 2013 provides
the mechanism to licence game bird farmers wishing to raise and breed game birds for release on
private property for hunting. In allowing it to happen, the Victorian Government needs to ensure
it is sustainable, safe and humane. The regulations achieve this through conditions on the Game
Bird Farm Licence (or Wildlife Producer Type 1 Licence in the previous regulations) that govern
what they can do under the licence, such as limiting the species to introduced game birds and
specifying minimum standards that need to be met, such as property size and husbandry
standards, to ensure the game birds are managed in a humane manner.
EXEMPTIONS
Q35. Why has a new exemption been added for people wanting to import or export harvested
game species such as ducks or deer?
A. The new exemption allows persons wishing to import or export game that they have legally
sourced under an appropriate licence, without requiring an import or export permit from DEPI.
PENALTIES
Q36. Why have the penalties for some offences risen?
A. DEPI has revised the penalties in the regulations based on advice from the Department of
Justice Infringement System Oversight Unit. It is important that the regulations highlight the
relative seriousness of the offences through differing maximum penalties. Maximum penalties
provide a guide for the courts and persons affected by the Act, as to the seriousness of the
offence.
Under the regulations, almost all penalties are set at 5 or 20 penalty units for a natural person
(i.e. individual) with the majority of offences of an administrative or record-keeping nature.
However for offences such as the taking or harassing of wildlife, a penalty of 20 penalty units
does not reflect the serious criminal culpability of the act (i.e. more than just administrative
errors or oversights). As such, penalties for offences considered to be more serious in nature
were increased to 50 penalty units. This is the maximum permitted under the regulation making
power in the Wildlife Act 1975.
Q37. Why are penalties now differentiated between those for a natural person and for a body
corporate?
A. Penalties have been split to have higher penalties for a body corporate (e.g. a business or
corporation) than for a natural person (i.e. an individual). This is because body corporates have a
greater capacity to pay fines and hence will not be deterred by fines set at an appropriate level
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for an individual. Body corporates also cannot be imprisoned for non-payment of infringement
offence fines. This is consistent with policy and best practice for penalties in regulations of this
kind.
CONSULTATION AND REGULATORY IMPACT STATEMENT
Q38. Who has DEPI consulted with in designing the regulations?
A. DEPI has developed the new regulations in consultation with a wide range of stakeholders
including current wildlife licence holders, government agencies, wildlife interest groups and
organisations.
A Regulatory Impact Statement (RIS) was also developed to assess the costs and benefits of the
proposed regulations and to facilitate public consultation.
Q39. When was the Regulatory Impact Statement released and what was the outcome of the
consultation process?
A. The RIS and draft regulations were released for public consultation on the 2 April 2013. The
consultation period ran for approximately one month, closing on the 3 May 2013. A letter was
sent to all commercial licence holders, to other major stakeholders such as key wildlife interest
groups, animal welfare organisations and other government departments. The release of the RIS
was also advertised in the Victorian Government Gazette, Herald Sun and communicated on the
DEPI website, and social media sites.
Thirty-seven submissions were received and considered. Changes were made to the regulations
based on these submissions where appropriate.
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