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Legislation

The National Parks and Wildlife Act 1972 provides the legislative framework for dealing with native fauna in South Australia.

Most native mammals, reptiles and birds are protected in South Australia.

Amphibians are currently unprotected within South Australia.

Permit System

The National Parks and Wildlife Act 1972 provides for a permit system to keep native animals in captivity. A permit to keep and sell most native animals, including mammals, birds and reptiles is required in South Australia. The Permit system to keep and sell native fauna has been in operation since the National Parks and Wildlife Act 1972 was assented to on July 3rd 1972.

The Department for Environment and Heritage administers this permit system.

The permit system provides a framework that identifies legally acquired native animals and allows the detection of those animals which have been illegally acquired and brought into captivity.

Prevention of Cruelty to Animals Act 1985

Like all vertebrates (with the exception of humans and fish) the treatment of native animals must be in accordance with the provisions of the Prevention of Cruelty to Animals Act 1985. Section 13 of the Act states that any person who ill-treats an animal shall be guilty of an offence and lists the types of actions, which may constitute ill-treatment.

The Act defines an owner as a person who has custody or control of an animal. Hence, if an animal is confined in any way or for any purpose, the person who has custody or control of the cage, trap or other confinement, is the owner of the animal. This applies as equally to a dolphin trapped in a net as it does to a hand-reared kangaroo in a backyard. The owner of an animal is required to provide the animal with adequate and appropriate food, water, shelter and exercise. This places the onus on the owner of the animal to find out what is adequate and appropriate for that species. If the animal is suffering for any reason, eg age, disease or injury, the owner has a legal responsibility to take action to alleviate that suffering.

Any person who injures an animal must take all reasonable steps to minimise the suffering of the animal. Therefore if a person wounds an animal, that person is legally and morally obliged to treat or humanely kill it.

It is also an offence to abandon an animal. Abandon means to release or desert that animal in circumstances under which it is likely to suffer.

The Act is enforced by the RSPCA, NPWSA wardens, stock inspectors, the police and some persons appointed by the Governor on the recommendation of the RSPCA.

Copies of the Act and Regulations are available from the State Information Centre, Grenfell St Adelaide.

Keeping of Exotic Animals in South Australia

The Animal and Plant Control Commission, which is under the general control of the Minister for Primary Industries, is responsible for administering the Animal and Plant Control (Agricultural Protection and Other Purposes) Act, 1986 (SA).

The object of the Act is to provide for the control (keeping, sale and movement) of exotic animals for the protection of agriculture and the environment and for the safety of the public.

Copies of the Act are available from the State Information Centre, Grenfell St Adelaide.

Federal Legislation - Overseas Wildlife Trade

The Environment Protection and Biodiversity Conservation Act 1999 is the legislative basis for conservation-orientated controls on the export and import of wildlife and wildlife products.

Bush Rat

Bush Rat Rattus fuscipes
Photo: A Robinson

The Act controls the export of Australian native animals and plants and fulfils Australian legislative requirements as a signatory to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Convention controls the import and export of certain plants and animals, and products derived from them.

The Act also controls the import of live animals and plants to prevent establishment of further pests and weeds that could damage the Australian environment.

Our Director, Conservation Policy and Planning, is responsible to the Commonwealth Minister for the Environment for the administration of this legislation. The Wildlife Protection and the Wildlife Population Assessment Sections of Environment Australia support the Director in the administration of the Act.

Copies of the Act (which includes the Schedules) and subsequent amendments are available from the Australian Government Printing Service (Commonwealth Government Bookshops) in all capital cities. The Act is also available on the Internet at Commonwealth Wildlife Export & Import Legislation.

The import and export of wildlife and wildlife products may also be subject to controls administered under the Quarantine Act 1908.

Information about quarantine matters may be obtained by contacting:

The Australian Quarantine and Inspection Service (AQIS)
GPO Box 858
Canberra ACT 2601
Australia
Phone: (61 2) 6272 3933.

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