Wildlife Dealers

Protection of Species

Where the Minister is satisfied that it is in the interests of the conservation of any species of  wild bird or wild animal so to do,  he may by regulations prohibit, or control in such manner as he considers appropriate and specifies in the regulations, the purchase or sale of that species for such period as may be so specified.

Regulations which relate to a species of fish or aquatic invertebrate animal shall, in so far as they relate to such species, be made by the Minister only after consultation with the Minister for Agriculture and Fisheries.  This does l not apply to domesticated, farmed or other deer which are not wild animals.

Wildlife Dealing

The Minister may make regulations regulating or controlling the carrying on by licensed wildlife dealers of the business of wildlife dealing. Regulations under this section may—

• prescribe conditions with regard to premises used by licensed wildlife dealers for wildlife dealing,
• prescribe the form and period of validity of a wildlife dealer’s licence and the form and period of validity of a renewal of such a licence,
• specify the species of fauna which may be sold or purchased for resale by the holder of a wildlife dealer’s licence pursuant to the licence,
• prescribe conditions with regard to the practice of taxidermy by the holder of a wildlife dealer’s licence and to species of fauna generally, or any such species as may be specified in the regulations, used for the purpose of taxidermy,
• require the keeping by the holder of a wildlife dealer’s licence of such registers, books, records, invoices, receipts or other documents relating to the business of wildlife dealing as may be prescribed, and require any such document to be produced by such holder when required to do so by an authorised person at a reasonable time,
• require the holder of a wildlife dealer’s licence to give to the Minister such particulars in writing from any documents kept by that holder as the Minister may require and specify by notice in writing sent to the holder,
• provide for the entry in such registers or records of such particulars relating to wildlife as may be prescribed,
• require the display in such premises of a current wildlife dealer’s licence,
• prohibit the dealing in wild birds or wild animals which do not have the appropriate tag or mark as specified in regulations
• provide that a wild bird or a wild animalshall not be confined, kept, or exposed for sale in a cage in such premises, or while it is being transported from one place to another by or on behalf of such dealer for purposes of display, sale or exhibition, unless the cage is of a prescribed size, type or description, and
• make any other provision which is ancillary or incidental to any of the foregoing.

An authorised person may inspect and, if he thinks fit, take copies of any entry in any document produced pursuant to a requirement of regulations under this section.

Prohibition on dealing without Licence

A person shall not carry on business as a wildlife dealer except under and in accordance with a wildlife dealer’s licence. This does not apply—

• in relation to a person who acquires (by purchase or otherwise) premises in which immediately prior to the acquisition the business of wildlife dealing was duly carried on, during the period of three months beginning on the date of the acquisition,
• in relation to the personal representative of a licensed wildlife dealer, during the period of six months beginning on the date of the death of such dealer.

A person who contravenes this provisions shall be guilty of an offence.

Wildlife Dealer’s Licence.

The Minister may, on application being made in that behalf, if thought fit and on payment of the prescribed fee (if any), grant or renew a licence (in this Act referred to as a ‘wildlife dealer’s licence’) authorising the applicant to carry on business as a wildlife dealer at premises specified in the licence.

A wildlife dealer’s licence shall, unless it is previously revoked, remain in force until the 31st day of July following the year in which it was granted or renewed.

The Minister may, on application being made in that behalf, from time to time and on payment of the prescribed fee (if any), renew a licence granted.

Every applicant for the grant or renewal of a licence under this section shall have the right of appeal, to the District Court for the District in which the applicant resides, against the refusal of the Minister to grant or renew such a licence.

Where, in the case of the refusal by the Minister to grant or renew a licence under this section, the applicant is the holder of a subsisting licence  then the licence shall continue in force pending the determination of an appeal against such refusal, or the appeal ceases for any other reason.

The Minister shall be notified in writing by registered post by the applicant of any such appeal not less than 21 days before the hearing of the appeal and shall have the right to appear and be heard at the hearing. Where an appeal under this subsection is allowed, the Minister shall grant or renew, as appropriate, a licence subject to any conditions which the judge allowing the appeal may require to be attached to the licence.

Licence Criteria

The Minister may, in considering an application for the grant or renewal of a licence under this section, have regard to the following:

• the suitability of the applicant, taking into account the purposes of this Act, to hold a wildlife dealer’s licence,
• the suitability of the premises, taking into account all relevant legislative provisions relating to food hygiene and food safety, where the applicant proposes to carry on the business of wildlife dealing, and
• the ability of the applicant to comply with regulations made of this Act which are for the time being in force.

The Minister may, having given 21 days’ notice to the holder of a licence, revoke the licence if the holder has failed to comply with the conditions thereof or with regulations made under  Act which are for the time being in force, and shall notify the holder of the reasons for such revocation. The holder of a wildlife dealer’s licence shall have the right to appeal, to the District Court for the District in which the applicant resides, within a period of 21 days in respect of the notification by the Minister to revoke the licence.

Where, in the case of the notification of revocation by the Minister of a licence under this section, the holder of the licence appeals to the District Court , the licence shall continue in force pending the determination of an appeal against such revocation, or the appeal ceases for any other reason.

The Minister shall be notified in writing by registered post of any appeal not less than 21 days before the hearing of the appeal and shall have the right to appear and be heard at the hearing.The Minister may, on application being made in that behalf by the holder of the wildlife dealer’s licence, amend a licence issued under this section

Revocation of wildlife dealer’s licence.

Where a person who holds a wildlife dealer’s licence  is convicted of an offence under this Act, the court by which the person is convicted may revoke the licence and such revocation shall be in addition to any other punishment imposed by the court in respect of the offence. Where a court revokes a wildlife dealer’s licence, the registrar or clerk of the court shall, as soon as may be, send to the Minister a copy of the court’s order.

Minister may publish list of wildlife dealers or notice of revocation.

Licence Holders

The Minister may, if he thinks fit, publish from time to time and in such manner as he considers appropriate, a notice listing all persons who on the day specified in the notice were the holders of wildlife dealers’ licences.

Where a wildlife dealer’s licence is revoked and the Minister has received a copy of the order revoking the licence, if either—

• no appeal is taken against the order and the period during which such an appeal may be taken has expired, or
• such an appeal is taken and the order is confirmed on appeal or the appeal is withdrawn,
• the Minister may publish, in such manner as he considers appropriate, notice of the revocation.