Legal Question (Vic)

Discussion in 'Chit Chat' started by -Adam-, Sep 10, 2019.

  1. -Adam-

    -Adam- Active Member

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    Hi All,

    I've been reading through the Wildlife Regulations act (2013) in Vic to try and get a greater understanding of my responsibilities. Strewth - there is a lot to get through in there. I hope I can retain it all and not slip up!

    I've hit a section I'm confused about, and was wondering if I could get some clarification here:

    Part 5 Section 55 (a) states: It is a condition of any Wildlife Basic Licence and of any Wildlife Advanced Licence that the licence holder must not— (a) sell or dispose of any wildlife which the licence holder bought or acquired that has not been in the possession of the licence holder for at least six months, without the prior written approval of the Secretary;

    I read just yesterday here on this thread an unfortunate situation of someone who purchased a python, to have it die 3 days later. (Suspected it was sick and sold that way).

    With the above restriction it seems as though the animal couldn't be disposed of for 6 months. Does that mean if the same occurred to me - I'd have to make provision such as buying a freezer, etc to store the remains in until after the 6 month period has occurred, unless I could get the secretary (whomever that person is) to take the time to give me written permission?

    Also - in that instance, how does one then dispose of the body after the 6 months. Do I need to take it to a dealer again and have it recorded accordingly in my book as being disposed, or is it enough to bury the remains and record in the book that's what I have done, or otherwise?

    My apologies if this sounds like a simple question - it seems to me that the legal learning curve is steeper than I first anticipated.

    I'm obviously planning on having my new family member for decades - but after reading that story, and then the regulations - I thought it would be best to make sure I have all possibilities covered.

    Cheers

    -Adam-
    --- Automatic Post Merged, Sep 17, 2019, Original Post Date: Sep 10, 2019 ---




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    OK - Update on this. I've been in contact with the Department in Victoria. The following is via a phone conversation so I don't have it in writing but this is basically the run down on what I was told verbally:

    The mention of disposal is talking about selling or transferring the animal - to another license - NOT for disposing of a body. So if the animal was to die as per the above situation - then it's OK to dispose of the body - provided there is documentation kept of the date of death, and any relevant circumstances. (I'll probably go to the next level and have photographic evidence as well).

    As far as body disposal it doesn't sound like there's any regulations based on this, so from what I can tell burying it in the back yard, or putting it in the trash are fine. Putting it under your mother-in-laws pillow would probably not be acceptable though. ;)

    They also advised me that the license is not based on a person, but based on a premises / address. Thus if you are flatting with other people and you all want herps, only one license is required for that house - not one per person.

    This also means it is legal for anyone (including unlicensed people) to look after your snake in your absence - provided the snake stays that that premises. Because the license is based on the address, not a person.

    However if you want to relocate your pet in your absence to another address whilst on vacation, you do need to transfer the animal to the new license holder and transfer it back. This will be a problem if you have acquired the animal less than 6 months before hand, or you want to get the animal back within 6 months after giving it to your friend. In these instances you need to write to the department giving the details and get written permission if they are happy to give it.

    I haven't dealt with them before so don't know how difficult they are. I'm assuming at this stage if you have a legitimate reason there's no reason they wouldn't give you written permission - it sounds like the whole concept is designed around discouraging selling or permanently transferring snakes between license on a too regular basis.

    All in all - it sounds like the department are quite reasonable to deal with. Be open, honest and transparent and it sounds like there shouldn't be any issues.
     
    Melmy likes this.

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