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Non-indigenous animals regulatory activity policy

Policy Number TI-O-110   Effective Date 28 Aug 2011   Review Date 10 June 2013

Purpose

This policy is to guide technical and compliance staff to ensure consistent regulatory action in relation to non-compliance with the Non-Indigenous Animals Act ("the Act") or Regulation, or in relation to non-compliance with licence or permit conditions by holders of licences or permits under the Act.

Scope

This policy applies to staff of NSW Department of Primary Industries (DPI) as identified below.

Policy

  1. Initial action to achieve compliance with legislation, licence renewal, licence conditions or the submission of annual animal returns will be undertaken by way of reminder letters or direct contact with persons in charge of non-indigenous animals by staff managing the licensing of non-indigenous animals.
  2. Where unlicensed keeping of non-indigenous animals is identified, licences are not renewed, licence conditions not complied with or annual animal returns not made, and where these cannot be rectified in a timely manner by the actions of licensing staff, then a compliance investigation will be instigated.
  3. Where movement of controlled category non-indigenous animals without a permit or contrary to permit conditions is identified, and (in relation to lower risk category animals) where these cannot be rectified by licensing staff in a timely manner, or where higher risk category animals are involved, then a compliance investigation will be instigated.
  4. Seizure of non-indigenous animals being kept without a licence, or which have escaped or been released, will only be carried out if a proposal for dealing with them has been developed by the Invasive Species Unit in line with PRO-2011/02 Non-Indigenous Animals Regulatory Activity.

    Note: In the case of escaped or released animals section 25(6) of the Act requires an Authorised Officer to give the licensee a reasonable opportunity to recapture the animals.

  5. Destruction under section 25(3) of any non-indigenous animal which is at large and which "poses an immediate threat to life or property" may only be carried out by an Authorised Officer as a last resort in situations of immediate threat and it should be carried out only by persons who are appropriately trained and licensed (e.g. for firearm use).

    Note: In the case of any escaped or released animal which is at large and which "poses an immediate threat to life or property" section 25(6) of the Act allows them to be destroyed by "any other person".

Procedures

  • PRO 2011/02 Non-indigenous animals regulatory activity
  • PRO 2011/05 Seizing and dealing with seized animals under the Non-Indigenous Animals Act.

Roles and responsibilities

  • Director Agricultural Compliance: Arrange for investigations.
  • Manager Invasive Species Programs: Arrange reports and recommend investigations.
  • Licensing staff: Correspond with owners, prepare reports and forward and receive them.
  • Authorised Officers: Carry out investigations, issue directions, take appropriate enforcement action and make reports as required above or by other Compliance policies.
  • All staff involved: Ensure that copies of all correspondence such as emails, reports and details of any enforcement action including penalty notices, which relate to cases of unlicensed keeping of non-indigenous animals, failure to provide returns or failure to comply with licence conditions, are provided to licensing staff for filing on the owner file, or filed appropriately into the Department's electronic filing system.

Delegations

  • Seizure of animals: Director-General delegations: Government Gazette No. 33, 1 April 2011, pages 2396-2397.
  • Seizure of animals, licensee returns and prescribed address: Minister delegations: Government Gazette No. 24, 4 March 2011, page 1588.

Legislation

  • Non-Indigenous Animals Act 1987 No. 166.
  • Non-Indigenous Animals Regulation 2006/2011.

Related policies

  • Policy O-075 Adoption of the Agricultural Compliance Manual by Regulatory Staff.
  • Policy O-010 Authorisation to issue penalty notices under biosecurity legislation.
  • Policy AI 2002/51 Avoiding conflict of interest when exercising the powers of an inspector.
  • Policy AI 2003/02 Appointment of Inspectors and Authorised Officers.
  • Policy O-105 Controls over non-indigenous animals.

Other related documents

  • None.

Definitions

  • Category: The Regulation prescribes a range of Categories for non-indigenous animals (clause 4) and classifies them against those categories in Schedule 1. It further identifies some as higher or lower risk (clauses 4(3) and (4)).

Superseded documents

This policy replaces:

  • None.
Revision history
Version Date issued Notes By
1 26/08/2011
Manager Invasive Species Programs

Contact

Manager Invasive Species Programs
(02) 6391 3539

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