Division 2(1) An authorised officer may issue a licence (in this Act referred to as a general licence), authorising a person to do any or all of the following:(a) to harm or obtain any protected fauna for any specified purpose,(a1) to hold or keep in possession or under control any protected fauna for any specified purpose,(b) to exhibit protected fauna,(c) to dispose of, whether by sale or otherwise, any fauna harmed, obtained, held, kept or exhibited under the authority of the licence,(d) to sell any fauna in the person’s lawful possession, otherwise than as a fauna dealer or skin dealer,(e) to harm any protected fauna (other than a threatened species, population or ecological community) in the course of carrying out specified development or specified activities.(2) A general licence does not, except in so far as the terms of the licence otherwise expressly provide, authorise the harming of fauna in a national park, historic site, state recreation area, regional park, nature reserve, state game reserve, karst conservation reserve, wildlife district, wildlife refuge, wildlife management area, conservation area, wilderness area or area subject to a wilderness protection agreement.(2A) A general licence does not authorise the harming of game birds for sporting or recreational purposes. However, a licence can authorise a sporting or recreational shooter to harm game birds for any other specified lawful purpose.(2B) A general licence is not to be issued to authorise the harming of protected fauna solely for scientific, educational or conservation purposes. A licence may be issued under section 132C for those purposes.Note. Section 91 of the Threatened Species Conservation Act 1995 further provides that a general licence is not to be issued to authorise a person to harm any animal that is of, or part of, a threatened species, population or ecological community except:(a) for the welfare of an animal, or(b) if there is a threat to life or property.(3) A general licence may be issued without conditions or limitations or may be issued subject to specified conditions or limitations.(4) Without affecting the generality of subsection (3):(a) a general licence may but need not specify the species of protected fauna that may be harmed under its authority, and(b) a general licence may but need not be limited to specified areas.(5) A general licence may authorise any specified persons in addition to the person to whom the licence is issued to do the things authorised by the licence. In any such case, the specified persons are taken to be holders of the licence for the purposes of this Act.(6) To avoid doubt, the Director-General is not a determining authority for the purposes of Part 5 of the Environmental Planning and Assessment Act 1979 when issuing a general licence.
(1) An authorised officer may issue a licence (in this Act referred to as an occupier’s licence), authorising an owner or occupier of specified lands:(a) to harm, or(b) to permit a person, holding a general licence issued to the person under section 120 or a trapper’s licence issued to the person under section 123, to harm,a specified number of fauna of a specified class found on those lands and the licence may authorise the disposal, whether by sale or otherwise, of fauna harmed under the authority of the licence.(2) If an occupier’s licence is proposed to be subject to a condition requiring labels, tags, slips or other objects to be affixed or attached to the skin or carcase of fauna harmed under the authority of the licence, the licence must not be issued unless the licensee has been supplied by the Service with sufficient labels, tags, slips or other objects to enable the licensee to comply with the relevant condition.(3) An occupier’s licence shall not be issued with respect to threatened species, populations or ecological communities or to authorise game birds to be harmed for sporting or recreational purposes. However, a licence can authorise a sporting or recreational shooter to harm game birds for any other specified lawful purpose.
(1) An authorised officer may issue a licence (in this Act referred to as a trapper’s licence), authorising a person to harm fauna of a species named therein for the purposes of sale.(2) A trapper’s licence does not, except in so far as the terms of the licence otherwise expressly provide, authorise the harming of fauna in a national park, historic site, state recreation area, regional park, nature reserve, state game reserve, karst conservation reserve, wildlife district, wildlife refuge, wildlife management area, conservation area, wilderness area or area subject to a wilderness protection agreement.(3) A trapper’s licence must not be issued with respect to threatened species, populations or ecological communities.
(1) An authorised officer may issue a licence (in this Act referred to as a fauna dealer’s licence), authorising a person to buy or sell fauna as a fauna dealer and otherwise to exercise or carry on the business of a fauna dealer.(2) A person licensed under subsection (1) shall not exercise or carry on business as a fauna dealer in New South Wales at or on any premises that are not registered under this section.(3) An authorised officer may issue registration certificates in respect of each of the premises at or on which a person licensed under subsection (1) exercises or carries on business as a fauna dealer in New South Wales.
(1) An authorised officer may issue a licence (in this Act referred to as a skin dealer’s licence), authorising a person to buy or sell skins as a skin dealer and otherwise to exercise or carry on the business of a skin dealer.(2) A person licensed under subsection (1) shall not exercise or carry on business as a skin dealer in New South Wales at or on any premises that are not registered under this section.(3) An authorised officer may issue registration certificates in respect of each of the premises at or on which a person licensed under subsection (1) exercises or carries on business as a skin dealer in New South Wales.
An authorised officer may issue a licence (in this Act referred to as an emu licence), authorising a person to do any one or more of the following:(a) to buy or sell live emus, whole emu eggs or other emu products,(b) to kill emus reared or bred under and in accordance with the authority conferred by such a licence,(c) otherwise to exercise or carry on the business of an emu breeder.
126 Import and export licences
(1) An authorised officer may issue a licence (in this Act referred to as an import licence), authorising a person to import protected fauna into New South Wales.(2) An authorised officer may issue a licence (in this Act referred to as an export licence), authorising a person to export protected fauna from New South Wales.(3) Where an application for an import licence or an export licence has been made in accordance with the regulations, the application shall not be refused except on one or more of such grounds (if any) as are prescribed for the purposes of this subsection.
127 Licence to liberate animals
An authorised officer may issue a licence authorising a person to liberate an animal anywhere, or in a specified locality or specified localities, within New South Wales.
128 Aviary registration certificates
(1) An authorised officer may issue to any person a certificate (in this Act referred to as an aviary registration certificate) in respect of specified premises.(2) An aviary registration certificate authorises the person to whom it is issued:(a) to sell any bird, being protected fauna, to a prescribed person, or(b) to buy any bird, being protected fauna, from a prescribed person.(3) In subsection (2), prescribed person means a person who:(a) is licensed to exercise or carry on the business of a fauna dealer under section 124, or(b) is the holder of an aviary registration certificate issued to the person under this section, or(c) is licensed to sell or buy birds under the fauna protection legislation of another State or a Territory, or(d) is the holder of a written approval from the Director-General for the purposes of this section.
129 Certain licences authorising shooting etc in national parks etc
Except in so far as the conditions and restrictions attaching thereto otherwise provide:(a) a licence, being a general licence under section 120, an occupier’s licence under section 121 or a trapper’s licence under section 123, that authorises a person to harm any animal in a national park, historic site, state conservation area, regional park, nature reserve or karst conservation reserve, also authorises that person to do, in connection with the harming of any such animal, any act referred to in section 45 (1) or 56 (1), and(b) a licence, being a general licence under section 120, an occupier’s licence under section 121 or a trapper’s licence under section 123, that authorises a person to harm any fauna in a wildlife district, wildlife refuge, wildlife management area, conservation area or area subject to a wilderness protection agreement, also authorises that person to do, in connection with the harming of any such fauna, any act referred to in section 70 (1) or (2).
130 Certain licences and certificates deemed to authorise possession
Except in so far as the licence or certificate otherwise provides, a licence or certificate under this Division that authorises a person to harm or to obtain any fauna also authorises the person to keep and have the fauna in the person’s possession.