Anyone a lawyer or solicitor

Discussion in 'Australian Snakes' started by AaronR, Dec 12, 2011.

Thread Status:
Not open for further replies.
  1. Renenet

    Renenet Very Well-Known Member

    Joined:
    Jan 14, 2011
    Messages:
    2,523
    Likes Received:
    1
    Location:
    Cairns
    This is interesting, and a bit discouraging. I had a look at the preliminary information that comes with a Victorian Application for a Private Wildilife Licence (PDF document) and it says, on page 5:

    "Other Legal Obligations: In addition to compliance with the conditions of a wildlife licence, the Wildlife Act 1975 and the Wildlife Regulations 2002, a licence holder must also comply with any relevant State or Federal legislation or by-laws or other requirements of the relevant local council."

    So whatever you do, don't say "she'll be apples". Make sure your council doesn't pass the law in the first place.

    Good luck,
    Renenet
     
  2. Red-Ink

    Red-Ink Very Well-Known Member

    Joined:
    Nov 17, 2008
    Messages:
    2,393
    Likes Received:
    3
    Location:
    149.6 million kms to the left of a G2V

    Now that is very troubling indeed...
     
  3. Darlyn

    Darlyn Very Well-Known Member

    Joined:
    Jun 29, 2010
    Messages:
    2,708
    Likes Received:
    1
    Location:
    Darwin

    Bloody Hell!!
     
  4. D3pro

    D3pro Very Well-Known Member

    Joined:
    Nov 15, 2009
    Messages:
    2,489
    Likes Received:
    3
    Location:
    Australia
    How is having more then two snakes going to make problems to your neighbours? Soon they will tell you that you need to go to bed at 9:30pm.
    Load of crap
     
  5. longqi

    longqi Very Well-Known Member

    Joined:
    Jun 29, 2009
    Messages:
    2,903
    Likes Received:
    5
    Location:
    Bali indonesia
    First thing will be to find out if the proposed law is retrospective
    In other words can it be used against householders with existing pets
    Or can it only be used to stop more pets being added

    Jeanine
    Cat dog and noisy bird owners will have been the only reasons behind this proposed law
     
  6. slide

    slide Well-Known Member

    Joined:
    Nov 2, 2008
    Messages:
    477
    Likes Received:
    0
    Looks loke someone enjoyed the noahs ark story a bit too much!
    What a bunch of crap that proposal is!
     
  7. Chris1

    Chris1 cupcake Subscriber

    Joined:
    May 22, 2006
    Messages:
    8,328
    Likes Received:
    29
    Location:
    nsw
    ummm, exactly how much neighbour disturbing noise do reptiles make?
    and how often are peoples pet reptiles found roaming the streets/jumping neighbours fences, killing neibouring pets and causing havoc?


    does this comment actually have a valid point?



     
  8. wokka

    wokka Guest

    I would contact council staff and your local councilor to assertain the reason behind the proposal. I suspect that reptiles have been caught in the net of domestic animals generally and simple education of council may result in an exemption from proposed rules.

    Commercial rodents are generally not a permissable use in a residential area , although I am not saying that 2 rats or mice is commercial. Most commercial rodent growers ignore the rules and produce rodents illegally on residential land. Issues such as smell and waste disposal are the main concern. It is not fair to expect residents to subsidise commercial operations.
     
    Last edited by a moderator: Dec 13, 2011
  9. Renenet

    Renenet Very Well-Known Member

    Joined:
    Jan 14, 2011
    Messages:
    2,523
    Likes Received:
    1
    Location:
    Cairns
    I think there's also some animal welfare idea behind it too. But yes, do contact your local council and explain that reptiles, with proper husbandry, cannot bother the neighbours and can be kept in humane conditions.
     
  10. SYNeR

    SYNeR Suspended Banned

    Joined:
    Mar 25, 2009
    Messages:
    762
    Likes Received:
    1
    All I have to say/ask is.. what the hell?

    Councils should ban/restrict people, not reptiles. I find my neighbours have always been far more disruptive than my snakes and dragons ever could be..
     
    Last edited: Dec 13, 2011
  11. abnrmal91

    abnrmal91 Very Well-Known Member

    Joined:
    Dec 27, 2010
    Messages:
    2,580
    Likes Received:
    6
    Location:
    Penrith
    I don't know why councils/governments fiddle with thing they shouldn't. All it will do is force people underground.
     
  12. AaronR

    AaronR Well-Known Member

    Joined:
    Jun 3, 2009
    Messages:
    300
    Likes Received:
    0
    Location:
    Victoria
    I rang the council today to clarify and the funniest part is no-one can explain it kept getting told put it in writing and it will be addressed but after the deadline for objection they are really pushing my patience worst part is we will get caught with our book returns no matter what we are screwed good old shire of yarra ranges
     
  13. dixilizards

    dixilizards Well-Known Member

    Joined:
    Jan 18, 2008
    Messages:
    500
    Likes Received:
    0
    Location:
    Victoria
    Aaron,

    From what I have read, and I am prepared to be corrected, but the by law is not relating to Reptiles or Wildlife kept under DSE wildlife licences and it in fact clearly states that such animals kept with a permit are not under these restrictions i.e. a licence holder with a wildlife licence can keep as many turtles or tortoises as is allowed by the terms of their permit.

    Though in saying this, they do not specify where or what this permit is but just infer to it in part 15, page 49.

    Cheers,
    John
     
  14. AaronR

    AaronR Well-Known Member

    Joined:
    Jun 3, 2009
    Messages:
    300
    Likes Received:
    0
    Location:
    Victoria
    Hi John,
    What it is proposing that we can apply for an except to there changes. It is separate to the DSE issued license.
    They are using the term reptiles after speaking with a member of local laws she confirmed this but said I can apply for an exception to the change. She couldn't tell me how this would be considered nor how much it would cost me.
     
  15. Marlinman

    Marlinman Not so new Member

    Joined:
    Oct 29, 2008
    Messages:
    26
    Likes Received:
    0
    Location:
    Liverpool, NSW
    ALL COUNCILS SHOULD DO IS PICK UP RUBBISH and leave us alone
    GOOD LUCK
     
  16. eipper

    eipper Very Well-Known Member APS Veteran

    Joined:
    Sep 5, 2007
    Messages:
    2,252
    Likes Received:
    51
    Location:
    SEQ
    HI all

    I hate to say it but if the bylaw is classed as retrospective you are going to have limited options.

    If it is not then you will need to apply for an exemption to be allowed to continue to house the animals within the council limits. What they may do is put into effect a sunset clause which will allow you to keep what you have but may limit or ban increasing the numbers eg via breeding or trade/ purchase. This way they view this as fair (you get to keep what you have) but eventually the animals will die or trade them out and you will fall into line with the rest of the community.

    If this fails you may be given an order to remove the animals or move out of the council limits.

    Contact your council in writing, ask for confirmation of receipt of the correspondence and ask for an exemption to the proposed law. If you can, get a number of affidavits from people within the herpetological community attesting to your ability with species you keep and that housing is above or within the scope of the industry standard.

    Good luck
    Scott
     
Thread Status:
Not open for further replies.

Share This Page