Dangerous Wild Animals Act 1976

1976 c. 38

An Act to regulate the keeping of certain kinds of dangerous wild animals.

Annotations:
Modifications etc. (not altering text)
C1

Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C31 Licences

1

Subject to section 5 of this Act, no person shall keep any dangerous wild animal except under the authority of a licence granted in accordance with the provisions of this Act by a local authority.

2

A local authority shall not grant a licence under this Act unless an application for it—

a

specifies the species (whether one or more) of animal, and the number of animals of each species, proposed to be kept under the authority of the licence;

b

specifies the premises where any animal concerned will normally be held;

c

is made to the local authority in whose area those premises are situated;

d

is made by a person who is neither under the age of 18 nor disqualified under this Act from keeping any dangerous wild animal; and

e

is accompanied by such fee as the authority may stipulate (being a fee which is in the authority’s opinion sufficient to meet the direct and indirect costs which it may incur as a result of the application).

3

A local authority shall not grant a licence under this Act unless it is satisfied that—

a

it is not contrary to the public interest on the grounds of safety, nuisance or otherwise to grant the licence;

b

the applicant for the licence is a suitable person to hold a licence under this Act;

c

any animal concerned will at all times of its being kept only under the authority of the licence—

i

be held in accommodation which secures that the animal will not escape, which is suitable as regards construction, size, temperature, lighting, ventilation, drainage and cleanliness and which is suitable for the number of animals proposed to be held in the accommodation, and

ii

be supplied with adequate and suitable food, drink and bedding material and be visited at suitable intervals;

d

appropriate steps will at all such times be taken for the protection of any animal concerned in case of fire or other emergency;

e

all reasonable precautions will be taken at all such times to prevent and control the spread of infectious diseases;

f

while any animal concerned is at the premises where it will normally be held, its accommodation is such that it can take adequate exercise.

4

A local authority shall not grant a licence under this Act unless the application for it is made by a person who both owns and possesses, or proposes both to own and to possess, any animal concerned, except where the circumstances are in the authority’s opinion exceptional.

5

A local authority shall not grant a licence under this Act unless a veterinary surgeon or veterinary practitioner authorised by the authority to do so under section 3 of this Act has inspected the premises where any animal will normally be held in pursuance of the licence and the authority has received and considered a report by the surgeon or practitioner, containing such particulars as in the authority’s opinion enable it to decide whether the premises are such that any animal proposed to be kept under the authority of the licence may suitably be held there, and describing the condition of the premises and of any animal or other thing found there.

6

Subject to subsections (2) to (5) of this section, a local authority may grant or refuse a licence under this Act as it thinks fit, but where it decides to grant such a licence it shall specify as conditions of the licence—

a

conditions that, while any animal concerned is being kept only under the authority of the licence,—

i

the animal shall be kept by no person other than such person or persons as is or are specified (whether by name or description) in the licence;

ii

the animal shall normally be held at such premises as are specified in the licence;

iii

the animal shall not be moved from those premises or shall only be moved from them in such circumstances as are specified in the licence;

iv

the person to whom the licence is granted shall hold a current insurance policy which insures him and any other person entitled to keep the animal under the authority of the licence against liability for any damage which may be caused by the animal; and

v

the terms of any such policy shall be satisfactory in the opinion of the authority;

b

conditions restricting the species (whether one or more) of animal, and number of animals of each species, which may be kept under the authority of the licence;

c

a condition that the person to whom the licence is granted shall at all reasonable times make available a copy of the licence to any person entitled to keep any animal under the authority of the licence;

d

such other conditions as in the opinion of the authority are necessary or desirable for the purpose of securing the objects specified in paragraphs (c) to (f) of subsection (3) of this section.

7

Subject to subsection (6) of this section, a local authority may, in granting a licence under this Act, specify such conditions of the licence as it thinks fit.

8

Where a local authority proposes to insert in a licence under this Act a provision permitting any animal to be, for any continuous period exceeding 72 hours, at premises outside the area of the authority, the authority shall consult the local authority in whose area those premises are situated.

9

A local authority which grants a licence under this Act may at any time vary the licence by specifying any new condition of the licence or varying or revoking any condition of it (including any condition specified, or previously varied, under this subsection); but any condition of a licence specified by virtue of subsection (6) of this section may not be revoked and any condition specified by virtue of paragraph (a)(ii) of that subsection may not be varied.

10

Where a local authority varies a licence under subsection (9) of this section, then—

a

if the variation was requested by the person to whom the licence was granted, the variation shall take effect immediately after the authority decides to make it;

b

in any other case, the variation shall not take effect until the person to whom the licence was granted has become aware of the variation and had a reasonable time to comply with it.

Annotations:
Modifications etc. (not altering text)
C3

S. 1: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

2 Provisions supplementary to section 1.

1

Where—

a

a person is aggrieved by the refusal of a local authority to grant a licence under this Act, or

b

a person to whom such a licence has been granted is aggrieved by a condition of the licence (whether specified at the time the licence is granted or later) or by the variation or revocation of any condition of the licence,

he may appeal to a magistrates’ court; and the court may on such appeal give such directions with respect to the grant of a licence or, as the case may be, with respect to the conditions of the licence as it thinks proper, having regard to the provisions of this Act.

2

F15Any licence under this Act shall (according to the applicant’s requirements) relate to the calendar year in which it is granted or to the next following year.

In the former case, the licence shall come into force at the beginning of the day on which it is granted, and in the latter case it shall come into force at the beginning of the next following year.

3

Subject to the provisions hereinafter contained with respect to cancellation, any licence under this Act shall remain in force until the end of the year to which it relates and shall then expire:

Provided that if application is made for a further licence before the said date of expiry the licence shall be deemed to be still in force pending the grant or refusal of the said application, and if it is granted the new licence shall commence from the date of the expiry of the last licence.

2

F15Subject to subsection (3A)(a) of this section, any licence under this Act shall come into force immediately upon being granted.

3

Subject to subsection (3A)(b) of this section and the provisions of this Act with respect to cancellation, any licence granted under this Act shall remain in force for two years and shall then expire.

3A

Where, before the expiry of a licence granted under this Act (“the existing licence”), an application is made for a licence to be granted by way of renewal of the existing licence—

a

if a licence is so granted, it shall come into force from the date of expiry of the existing licence, whether it is granted before, on or after that date;

b

if the grant or refusal of that application occurs after the date of expiry of the existing licence, the existing licence shall be deemed to be still in force until the grant or refusal.

3B

For the purposes of subsection (3A) of this section, a licence is not granted by way of renewal of an existing licence unless it is granted in respect of any species in respect of which the existing licence was granted (whether or not either licence also relates to some other species).

4

In the event of the death of anyone to whom a licence has been granted under this Act the said licence shall continue in force for a period of twenty-eight days as if it had been granted to the personal representatives of the deceased and if application is made for a new licence within the said period the said licence shall be deemed to be still in force pending the grant or refusal of that application.

5

Any person who contravenes the provisions of section 1(1) of this Act shall be guilty of an offence.

6

If any condition of a licence under this Act is contravened or not complied with, then,—

a

the person to whom the licence was granted, and

b

any other person who is entitled to keep any animal under the authority of the licence and who was primarily responsible for the contravention or failure to comply,

shall, subject to subsection (7) of this section, be guilty of an offence.

7

In any proceedings for an offence under subsection (6) of this section, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

8

In the application of this section to Scotland, in subsection (1) for any reference to a magistrates’ court there shall be substituted a reference to the sheriff.

3 Inspection by local authority.

1

Subject to subsection (2) of this section, a local authority to which an application has been made for a licence under this Act, or which has granted such a licence, may authorise in writing any veterinary surgeon or veterinary practitioner or such other person as it may deem competent to do so to inspect any premises where any animal is proposed to be held in pursuance of a licence for which an application has been made under this Act, or where any animal is or may be held in pursuance of a licence which has been granted under this Act; and any persons authorised under this section may, on producing their authority if so required, enter any such premises at all reasonable times and inspect them and any animal or other thing found there, for the purpose of ascertaining whether or not a licence should be granted or varied or whether an offence has been or is being committed against this Act.

2

A local authority shall not give an authority under subsection (1) of this section to inspect premises situated outside its area unless it has obtained the approval of the local authority in whose area those premises are situated.

3

The local authority may require the person who has applied for a licence under this Act or, as the case may be, to whom the licence concerned has been granted under this Act to pay the local authority the reasonable costs of the inspection.

4

Any person who wilfully obstructs or delays any person in the exercise of his power of entry or inspection under this section shall be guilty of an offence.

4 Power to seize and to dispose of animals without compensation.

1

Where—

a

an animal is being kept contrary to section 1(1) of this Act, or

b

any condition of a licence under this Act is contravened or not complied with,

the local authority in whose area any animal concerned is for the time being may seize the animal, and either retain it in the authority’s possession or destroy or otherwise dispose of it, and shall not be liable to pay compensation to any person in respect of the exercise of its powers under this subsection.

2

A local authority which incurs any expenditure in exercising its powers under subsection (1)(a) of this section shall be entitled to recover the amount of the expenditure summarily as a civil debt from any person who was at the time of the seizure a keeper of the animal concerned.

3

A local authority which incurs any expenditure in exercising its powers under subsection (1)(b) of this section shall be entitled to recover the amount of the expenditure summarily as a civil debt from the person to whom the licence concerned was granted.

5 Exemptions.

The provisions of this Act shall not apply to any dangerous wild animal kept in:—

F11

a zoo within the meaning of the Zoo Licensing Act 1981 for which a licence is in force (or is not for the time being required) under that Act;

2

a circus;

3

premises licensed as a pet shop under the M1Pet Animals Act 1951;

4

a place F2which is F16the place specified in a section 2C licence within the meaning of the Animals (Scientific Procedures) Act 1986.

6 Penalties.

1

Any person guilty of an offence under any provision of this Act shall be liable on summary conviction to a fine not exceeding F3level 5 on the standard scale.

2

Where a person is convicted of any offence under this Act or of any offence under the F9Protection of Animals Acts 1911 to 1964,F9 Protection of Animals Act 1911, the Protection of Animals (Scotland) Acts 1912 to 1964,F10 the Performing Animals (Regulation) Act 1925, the Pet Animals Act 1951,F11 the Animals (Cruel Poisons) Act 1962, the M2Animal Boarding Establishments Act 1963, the M3M4Riding Establishments Acts 1964 and 1970, or the M5Breeding of Dogs Act 1973,F12 or of an offence under any of sections 4, 5, 6(1) and (2), 7 to 9 and 11 of the Animal Welfare Act 2006, the court by which he is convicted may cancel any licence held by him under this Act, and may, whether or not he is the holder of such a licence, disqualify him from keeping any dangerous wild animal for such period as the court thinks fit.

3

A court which has ordered the cancellation of a person’s licence, or his disqualification, in pursuance of the last foregoing subsection may, if it thinks fit, suspend the operation of the order pending an appeal.

F83A

Where a person is convicted of any offence under sections 28C or 28F(16) of the Animal Health Act 1981 (c. 22) , or sections 19 to 24, 25(7), 29 or 40(11) of the Animal Health and Welfare (Scotland) Act 2006 (asp 11) , subsections (2) and (3) apply as they do to convictions under this Act.

F173B

Where a person is convicted of an offence under section 13(6) of the Animal Welfare Act 2006 arising from the contravention of section 13(1) of that Act in relation to dog breeding in Wales, or of an offence under the Animal Welfare (Breeding of Dogs) (Wales) Regulations 2014, subsections (2) and (3) apply as they do to convictions under this Act

7 Interpretation.

1

Subject to subsection (2) of this section, for the purposes of this Act a person is a keeper of an animal if he has it in his possession; and if at any time an animal ceases to be in the possession of a person, any person who immediately before that time was a keeper thereof by virtue of the preceding provisions of this subsection continues to be a keeper of the animal until another person becomes a keeper thereof by virtue of those provisions.

2

Where an animal is in the possession of any person for the purpose of—

a

preventing it from causing damage,

b

restoring it to its owner,

c

undergoing veterinary treatment, or

d

being transported on behalf of another person,

the person having such possession shall not by virtue only of that possession be treated for the purposes of this Act as a keeper of the animal.

3

In this Act expressions cognate with “keeper” shall be construed in accordance with subsections (1) and (2) of this section.

4

In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

  • circus” includes any place where animals are kept or introduced wholly or mainly for the purpose of performing tricks or manoeuvres;

  • damage” includes the death of, or injury to, any person;

  • dangerous wild animal” means any animal of a kind for the time being specified in the first column of the Schedule to this Act;

  • local authority” means in relation to England F4. . . a district council, a London borough council or the Common Council of the City of London, F5in relation to Wales, a county council or county borough council, and, in relation to Scotland, F6a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

  • premises” includes any place;

  • veterinary practitioner” means a person who is for the time being registered in the supplementary veterinary register;

  • veterinary surgeon” means a person who is for the time being registered in the register of veterinary surgeons;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

5

The second column of the Schedule to this Act is included by way of explanation only; in the event of any dispute or proceedings, only the first column is to be taken into account.

8 Power of Secretary of State to modify the Schedule.

1

If the Secretary of State is satisfied that the scope of this Act should be extended so as to include animals of a kind not for the time being specified in the Schedule to this Act or diminished so as to exclude animals of a kind for the time being specified in that Schedule, he may by order make the necessary modifications to that Schedule and any such order may be revoked by a subsequent order under this subsection.

2

The power conferred by the foregoing subsection on the Secretary of State shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

9 Protection of existing keepers.

Notwithstanding anything in this Act, a person who immediately before the date of the commencement of this Act was keeping a dangerous wild animal at any premises and who is not disqualified as mentioned in section 6(2) of this Act, shall be entitled to keep such animal at those premises without a licence under this Act—

a

for the period of 90 days beginning with that date; and

b

if before the expiration of that period he applies for a licence under this Act, until the licence is granted or finally refused or the application is withdrawn.

10 Short title, commencement and extent.

1

This Act may be cited as the Dangerous Wild Animals Act 1976.

2

This Act shall come into operation at the expiration of a period of three months beginning with the date on which it is passed.

3

This Act does not extend to Northern Ireland.

E1F14 SCHEDULE KINDS OF DANGEROUS WILD ANIMALS

Section 7

Annotations:
Extent Information
E1

This version of this provision extends to Scotland only. A new version of this provision has been created for England and Wales

NOTE: See section 7(5) of this Act for the effect of the second column of this Schedule

Scientific name

Common name

MAMMALS

Marsupials

Family Dasyuridae : the species Sarcophilus laniarius

Tasmanian devil

Family Macropodidae : the species Macropus fuliginosus, Macropus giganteus, Macropus robustus and Macropus rufus

Western grey kangaroo

Eastern grey kangaroo

Wallaroo

Red kangaroo

Primates

Family Cebidae : all species except those of the genera Aotus, Callicebus and Saimiri

New-world monkeys (including capuchin, howler, saki, uacari, spider and woolly monkeys)

Exceptions:

Night monkeys (also known as owl monkeys)

Titi

Squirrel monkeys

Family Cercopithecidae : all species

Old-world monkeys (including baboons, the drill, colobus monkeys, the gelada, guenons, langurs, leaf monkeys, macaques, the mandrill, mangabeys, the patas monkey, the proboscis monkey and the talapoin)

Family Hominidae : all species except those of the genus Homo

Anthropoid apes (including the chimpanzee, the bonobo, the orang-utan and gorillas)

Exception:

Man

Family Hylobatidae : all species

Gibbons

Siamangs

Family Indriidae : all species except those of the genus Avahi

Leaping lemurs (including the indri and sifakas)

Exceptions:

Woolly lemurs

Family Lemuridae : all species except those of the genus Hapalemur

Large lemurs

Exceptions:

Bamboo lemurs (also known as gentle lemurs)

Edentates

Family Dasypodidae : the species Priodontes maximus

Giant armadillo

Family Myrmecophagidae : the species Myrmecophaga tridactyla

Giant anteater

Carnivores

Family Canidae : all species except–

  1. (a)

    those of the genera Alopex, Cerdocyon, Dusicyon, Otocyon, Pseudalopex, Urocyon, Vulpes and Nyctereutes

  2. (b)

    Canis familiaris, other than the subspecies Canis familiaris dingo

Canids (including wild dogs, wolves, jackals, the maned wolf, the dhole, the bush dog, and the dingo) other than the excepted species

Exceptions:

  1. (a)

    foxes, culpeo, grey zorro, raccoon dogs

  2. (b)

    domestic dogs

Family Felidae : all species except–

  1. (a)

    Felis silvestris (including the subspecies Felis silvestris catus ), Felis margarita, Felis nigripes, Otocolobus manul, Leopardus tigrinus, Leopardus geoffroyi (also known as Oncifelis geoffroyi ), Leopardus guigna (also known as Oncifelis guigna ), Catopuma badia (also known as Pardofelis badia ) and Prionailurus rubiginosus

  2. (b)

    a hybrid descended exclusively from two or more of the species described in paragraph (a)

  3. (c)

    a hybrid of which–

    1. (i)

      one parent is Felis silvestris catus , and

    2. (ii)

      the other parent is a first generation hybrid of Felis silvestris catus and any species not described in paragraph (a)

  4. (d)

    a hybrid descended exclusively from hybrid cats as described in paragraph (c) (ignoring, for the purpose of determining exclusivity of descent, the parents and remoter ancestors of any hybrid within that paragraph)

  5. (e)

    a hybrid descended exclusively from Felis silvestris catus and any one or more hybrid cat as described in paragraph (c) (ignoring, for the purpose of determining exclusivity of descent, the parents and remoter ancestors of any hybrid within that paragraph)

Cats (including the bobcat, caracal, cheetah, jaguar, leopard, lion, lynx, ocelot, puma, serval and tiger) other than the excepted species

Exceptions:

  1. (a)

    The wild cat (including the domestic cat), the sand cat, the black-footed cat, the pallas cat (also known as the manul), the little spotted cat (also known as the oncilla or tiger cat), the Geoffroy’s cat, the kodkod (also known as the guina) the bay cat (also known as the Borneo cat), and the rusty-spotted cat

  2. (b)

    a cat descended exclusively from two or more of the species described in paragraph (a)

  3. (c)

    a cat of which one parent is a domestic cat and the other parent is a first generation hybrid of a domestic cat and a cat that is a dangerous wild animal

  4. (d)

    a cat descended exclusively from hybrid cats described in paragraph (c)

  5. (e)

    a cat descended exclusively from the domestic cat and hybrids cats described in paragraph (c)

Family Hyaenidae : all species except Proteles cristatus

Hyenas

Exception:

Aardwolf

Family Mustelidae :

  1. (a)

    all species of the genera Arctonyx, Melogale, Mydaus, Taxidea, Pteronura, Aonyx, Enhydra and Lontra

  2. (b)

    the genus Lutra except the species Lutra lutra

  3. (c)

    the species Eira barbara, Gulo gulo, Martes pennanti and Mellivora capensis

  1. (a)

    The hog badger, the ferret badger, the stink badger, the American badger, the giant otter, the African clawless otter, the oriental small-clawed otter, the sea otter, the river otters, and the marine otter

  2. (b)

    the hairy-nosed otter

  3. (c)

    the tayra, the wolverine, the fisher (also known as the peken or fisher cat) and the honey badger

Exception:

European otter

Family Ursidae : all species, including the species Ailuropoda melanoleuca and Ailurus fulgens

Bears (including the giant panda and the red panda)

Family Viverridae :

  1. (a)

    all species of the genera Civettictis and Viverra

  2. (b)

    the species Cryptoprocta ferox

  1. (a)

    Civets (including the African civet, the large-spotted civets, the Malayan civet and the Indian civets)

  2. (b)

    the fossa

Pinnipedes

Family Odobenidae : all species

Walrus

Family Otariidae : all species

Eared seals

Family Phocidae : all species except Phoca vitulina and Halichoerus grypus

True seals (also known as earless seals) other than the excepted species

Exceptions:

Common seal (also known as the harbour seal)

Grey seal

Elephants

Family Elephantidae : all species

Elephants

Aardvark

Family Orycteropodidae : the species Orycteropus afer

Aardvark

Odd-toed ungulates

Family Equidae : all species except Equus asinus and Equus caballus

Horses

Wild asses

Zebras

Exceptions:

Donkey (also known as the ass)

Domestic horse

Family Rhinocerotidae : all species

Rhinoceroses

Family Tapiridae : all species

Tapirs

Even-toed ungulates

Family Antilocapridae : the species Antilocapra Americana

Pronghorn

Family Bovidae : all species except domestic forms of the genera Bos, Bubalus, Capra and Ovis

Antelopes, bison, buffalo, gazelles, goats and sheep

Exceptions:

Domestic cattle

Domestic buffalo

Domestic goats

Domestic sheep

Family Camelidae : all species of the genera Camelus

Camels

Family Cervidae : all species of the genera Alces and Rangifer except domestic forms of the species Rangifer tarandus

Moose (also known as the elk)

Caribou (also known as the reindeer)

Exception:

Domestic reindeer

Family Giraffidae : all species

Giraffe

Okapi

Family Hippopotamidae : all species

Hippopotamus

Pygmy hippopotamus

Family Suidae : all species, except domestic forms of the species Sus scrofa other than farmed wild boar

Old-world pigs other than animals of the excepted kind

Exception:

Domestic pig, other than farmed wild boar

Family Tayassuidae : all species

New-world pigs (also known as peccaries)

Hybrids

A hybrid of a mammal specified in the first column of this Schedule where one parent is, or both parents are, of a kind so specified, but not including an excepted hybrid of the family Felidae

A hybrid animal with a dangerous wild animal as a parent

Exception:

A cat hybrid that is not a dangerous wild animal

BIRDS

Cassowaries

Family Casuariidae : all species

Cassowaries

Ostrich

Family Struthionidae : all species

Ostrich

REPTILES

Crocodilians

Family Alligatoridae : all species

Alligators

Caimans

Family Crocodylidae : all species

Crocodiles

False gharial

Family Gavialidae : all species

Gharial (also known as the gavial)

Lizards and snakes

Family Atractaspididae : all species of the genera Atractaspis .

Burrowing asps (also known as mole vipers, or burrowing vipers)

Stiletto snakes

Family Colubridae :

  1. (a)

    all species of the genera Malpolon and Thelotornis

  2. (b)

    the species Dispholidus typus, Rhabdophis subminiatus, Rhabdophis tigrinus, Elapomorphus lemniscatus, Philodryas olfersii, Tachymenis peruviana, Xenodon severus

  1. (a)

    All rear-fanged venomous colubrid snakes of the specified genera (including montpellier snakes, the false cobra, and twig or bird snakes)

  2. (b)

    the boomslang, the red-necked keelback, the tiger keelback (also known as the yamakagashi or the Japanese tiger-snake), the Argentine black-headed snake, the South American green racer, the Peruvian racer (also known as the Peru slender snake), the Amazon false viper (also known as the false fer-de-lance)

Family Elapidae : all species

Front-fanged venomous snakes of the specified family (including cobras, coral snakes, kraits, mambas, whipsnakes, death adders and all other Australian poisonous snakes)

Family Hydrophiidae : all species

Sea snakes

Family Helodermatidae : all species

Gila monster

Mexican beaded lizard

Family Viperidae : all species

Front-fanged venomous snakes of the specified family (including adders, the barba amarilla, the bushmaster, the fer-de-lance, moccasins, rattlesnakes and vipers)

INVERTEBRATES

Spiders

Family Ctenidae : all species of the genus Phoneutria

Wandering spiders

Family Hexathelidae : all species of the genus Atrax

Sydney funnel-web spider and its close relatives

Family Sicariidae : all species of the genus Loxosceles

Brown recluse spiders (also known as violin spiders)

Family Theridiidae : all species of the genus Latrodectus

Widow spiders and close relatives

Scorpions

Family Buthidae : all species

Buthid scorpions

Family Hemioscorpiidae : the species Hemiscorpius lepturus

Middle Eastern thin-tailed scorpion.

E2F13 SCHEDULE KINDS OF DANGEROUS WILD ANIMALS

Section 7

Annotations:
Extent Information
E2

This version of this provision extends to England and Wales only. The original version of this provision exists for Scotland

NOTE: See section 7(5) of this Act for the effect of the second column of this Schedule

Scientific name of kind

Common name or names

MAMMALS

Marsupials

FamilyDasyuridae:

The species Sarcophilus laniarius.

The Tasmanian devil.

FamilyMacropodidae:

The species Macropus fuliginosus, Macropus giganteus, Macropus robustus and Macropus rufus.

The western and eastern grey kangaroos, the wallaroo and the red kangaroo.

Primates

Family Cebidae:

All species except those of the genera Aotus, Callicebus and Saimiri.

New-world monkeys (including capuchin, howler, saki, uacari, spider and woolly monkeys).

Night monkeys (also known as owl monkeys), titi monkeys and squirrel monkeys are excepted.

Family Cercopithecidae: All species.

Old-world monkeys (including baboons, the drill, colobus monkeys, the gelada, guenons, langurs, leaf monkeys, macaques, the mandrill, mangabeys, the patas and proboscis monkeys and the talapoin).

Family Hominidae:

All species except those of the genus Homo .

Anthropoid apes; chimpanzees, bonobos, orang-utans and gorillas.

Family Hylobatidae: All species.

Gibbons and Siamangs.

FamilyIndriidae:

All species of the genera Propithecus and Indri (Avahi laniger is excepted).

Leaping lemurs (including the indri and sifakas). The woolly lemur is excepted.

FamilyLemuridae:

All species except those of the genus Hapalemur.

Large lemurs.

Bamboo or gentle lemurs are excepted.

Edentates

Family Dasypodidae:

The species Priodontes maximus.

The giant armadillo.

FamilyMyrmecophagidae:

The species Myrmecophaga tridactyla.

The giant anteater.

Carnivores

Family Canidae:

All species except those of the genera Alopex, Cerdocyon, Dusicyon, Otocyon, Pseudolopex, Urocyon, Vulpes and Nyctereutes .

The species Canis familiaris , other than the subspecies Canis familiaris dingo , is also excepted.

Wild dogs, wolves, jackals, the maned wolf, the bush dog and the dhole.

Foxes, raccoon dogs and the domestic dog (but not the dingo) are excepted.

FamilyFelidae:

All except—

  1. (a)

    the species Felis silvestris, Otocolobus manul, Leopardus tigrinus, Oncifelis geoffroyi, Oncifelis guigna, Catopuma badia, Felis margarita, Felis nigripes, Prionailurus rubiginosus and Felis silvestris catus ;

  2. (b)

    a hybrid which is descended exclusively from any one or more species within paragraph (a);

  3. (c)

    a hybrid of which—

    1. (i)

      one parent is Felis silvestris catus , and

    2. (ii)

      the other parent is a first generation hybrid of Felis silvestris catus and any cat not within paragraph (a);

  4. (d)

    any cat which is descended exclusively from any one or more hybrids within paragraph (c) (ignoring, for the purpose of determining exclusivity of descent, the parents and remoter ancestors of any hybrid within paragraph (c));

  5. (e)

    any cat which is descended exclusively from Felis silvestris catus and any one or more hybrids within paragraph (c) (ignoring, for the purpose of determining exclusivity of descent, the parents and remoter ancestors of any hybrid within paragraph (c)).

All cats including the bobcat, caracal, cheetah, jaguar, leopard, lion, lynx, ocelot, puma, serval and tiger.

The following are excepted:

  1. (i)

    the wild cat, the pallas cat, the little spotted cat, the Geoffroy’s cat, the kodkod, the bay cat, the sand cat, the black-footed cat, the rusty-spotted cat and the domestic cat;

  2. (ii)

    a hybrid cat which is descended exclusively from any one or more species within paragraph (a);

  3. (iii)

    a hybrid cat having as one parent a domestic cat and as the other parent a first generation hybrid of a domestic cat and any cat not within paragraph (a);

  4. (iv)

    any cat which is descended exclusively from any one or more hybrids within paragraph (c);

  5. (v)

    any cat which is descended exclusively from a domestic cat and any one or more hybrids within paragraph (c).

Family Hyaenidae:

All except the species Proteles cristatus.

Hyænas. The aardwolf is excepted.

FamilyMustelidae:

All species of the genera Amblonyx, Arctonyx, Aonyx, Enhydra, Lontra, Melogale, Mydaus, Pteronura and Taxidea.

The genus Lutra except the species Lutra lutra .

The species Eira barbara, Gulo gulo, Martes pennanti and Mellivora capensis.

Badgers (except the Eurasian badger), otters (except the European otter) and the tayra, wolverine, fisher and ratel (otherwise known as the honey badger).

Family Ursidae:

All species including the species Ailuropoda melanoleuca and Ailurus fulgens.

All bears including the giant panda and the red panda.

Family Viverridae:

All of the genus Civettictis.

All of the genus Viverra.

The species Cryptoprocta ferox.

The African, large-spotted, Malay and Indian civets and the fossa.

Pinnipedes

FamilyOdobenidae: All species.

The walrus.

FamilyOtariidae: All species.

Eared seals.

FamilyPhocidae:

All species except Phoca vitulina and Halichoerus grypus.

True or earless seals.

The common seal (or harbour seal) and grey seal are excepted.

Elephants

FamilyElephantidae: All species.

Elephants.

Aardvark

FamilyOrycteropodidae:

The species Orycteropus afer.

The aardvark.

Odd-toed ungulates

Family Equidae:

All species except Equus asinus and Equus caballus.

Asses, horses and zebras.

The donkey and domestic horse are excepted.

Family Rhinocerotidae: All species.

Rhinoceroses.

Family Tapiridae: All species.

Tapirs.

Even-toed ungulates

Family Antilocapridae:

The species Antilocapra americana.

The pronghorn.

Family Bovidae:

All species except any domestic form of the genera Bos , Bubalus, Capra and Ovis.

Antelopes, bison, buffalo, gazelles, goats and sheep.

Domestic cattle, buffalo, goats and sheep are excepted.

Family Camelidae:

All species of the genus Camelus.

Camels.

Family Cervidae:

All species of the genera Alces and Rangifer , except any domestic form of the species Rangifer tarandus.

The moose or elk and the caribou or reindeer.

The domestic reindeer is excepted.

Family Giraffidae: All species

The giraffe and the okapi.

Family Hippopotamidae: All species.

The hippopotamus and the pygmy hippopotamus.

Family Suidae:

All species except any domestic form of the species Sus scrofa .

Old-world pigs (including the wild boar and the wart hog).

The domestic pig is excepted.

Family Tayassuidae: All species.

New-world pigs (otherwise known as peccaries).

Hybrids

Any hybrid of a kind of animal specified (other than by way of exception) in the foregoing provisions of this column where at least one parent is of a kind so specified, and any animal of which at least one parent is such a hybrid.

This does not include an excepted hybrid of the Family Felidae .

Any mammalian hybrids with at least one parent of a specified kind, and any animal of which at least one parent is such a hybrid.

This does not apply to excepted cat hybrids.

BIRDS

Cassowaries

FamilyCasuariidae: All species.

Cassowaries.

Ostrich

FamilyStruthionidae: All species.

The ostrich.

REPTILES

Crocodilians

Family Alligatoridae: All species.

Alligators and caimans.

Family Crocodylidae: All species.

Crocodiles and the false gharial.

Family Gavialidae: All species.

The gharial (otherwise known as the gavial).

Lizards and snakes

Family Atractaspididae:

All species of the genus Atractaspis.

Burrowing asps, also known as mole or burrowing vipers and stiletto snakes.

FamilyColubridae.

All species of the genera Malpolon and Thelotornis.

The species Dispholidus typus, Rhabdophis subminiatus, Rhabdophis tigrinus, Elapomorphus lemniscatus, Philodryas olfersii,

Tachymenis peruviana and Xenodon severus.

Certain rear-fanged venomous snakes, Montpellier snakes and African vine snakes (otherwise known as African twig or bird snakes).

The boomslang, the red-necked keelback, the yamakagashi (otherwise known as the Japanese tiger-snake), the Argentine black-headed snake, the South American green racer, the Peruvian racer and the Amazon false viper.

Family Elapidae: All species.

Certain front-fanged venomous snakes including cobras, coral snakes, kraits, mambas, whipsnakes and all Australian poisonous snakes (including the death adders).

Family Hydrophiidae: All species.

Sea snakes.

Family Helodermatidae: All species.

The gila monster and the (Mexican) beaded lizard.

Family Viperidae: All species.

Certain front-fanged venomous snakes (including adders, the barba amarilla, the bushmaster, the fer-de-lance, moccasins, rattlesnakes and vipers).

INVERTEBRATES

Spiders

FamilyCtenidae:

The genus Phoneutria.

Wandering spiders.

Family Hexathelidae:

The genus Atrax.

The Sydney funnel-web spider and its close relatives.

FamilySicariidae:

The genus Loxosceles.

Brown recluse spiders (otherwise known as violin spiders).

Family Theridiidae:

The genus Latrodectus.

The widow spiders and close relatives.

Scorpions

Family Buthidae: All species.

Buthid scorpions.

FamilyHemioscorpiidae:

The species Hemiscorpius lepturus.

Middle-Eastern thin-tailed scorpion.