New South Wales 2006 No 519 Non-Indigenous Animals Regulation 2006 under the Non-Indigenous Animals Act 1987 Published in Gazette No 111 of 1 September 2006, page 7357 Page 1 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Non-Indigenous Animals Act 1987. DIANE BEAMER, M.P., Minister for Primary Industries Explanatory note The object of this Regulation is to remake, with some changes of substance, the Non-Indigenous Animals Regulation 1997 which is repealed on 1 September 2006 by section 10 (2) of the Subordinate Legislation Act 1989. The changes of substance include the classification of non-indigenous birds, by species, as belonging to particular prescribed categories of animals, and an increase in the fees payable for applications for licences and permits (and renewals of licences and permits) under the Non-Indigenous Animals Act 1987. This Regulation is made under the Non-Indigenous Animals Act 1987, including section 29 (the general regulation-making power) and the other sections referred to in the Regulation.
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New South Wales
2006 No 519
Non-Indigenous Animals Regulation 2006under the
Non-Indigenous Animals Act 1987
Published in Gazette No 111 of 1 September 2006, page 7357 Page 1
Her Excellency the Governor, with the advice of the Executive Council, has madethe following Regulation under the Non-Indigenous Animals Act 1987.
DIANE BEAMER, M.P.,Minister for Primary Industries
Explanatory noteThe object of this Regulation is to remake, with some changes of substance, theNon-Indigenous Animals Regulation 1997 which is repealed on 1 September 2006 by section10 (2) of the Subordinate Legislation Act 1989.The changes of substance include the classification of non-indigenous birds, by species, asbelonging to particular prescribed categories of animals, and an increase in the fees payablefor applications for licences and permits (and renewals of licences and permits) under theNon-Indigenous Animals Act 1987. This Regulation is made under the Non-Indigenous Animals Act 1987, including section 29(the general regulation-making power) and the other sections referred to in the Regulation.
Contents
Non-Indigenous Animals Regulation 2006
2006 No 519
Page
Part 1 Preliminary1 Name of Regulation 42 Commencement 43 Definitions 4
Part 2 Classification of animals4 Prescribed categories 65 Basis of animal classification 76 Classification into categories 77 Bodies consulted about bird classification 8
Part 3 Non-Indigenous Animals Advisory Committee8 Qualifications of member 99 Organisations whose nominee to be member 9
Part 4 Exemptions under section 510 Importation of animals 1011 Keeping of animals 1012 Movement of animals 1013 Fees 11
Part 5 Licences and permits14 Applications for licences and permits 1215 Fees for licences and renewals 1216 Fees for permits 1217 Discounts and variations of licence and renewal fees 1218 Licences and renewals: matters prescribed under
section 15 (2) (g) 1319 Duration of licences: other period prescribed under
section 16 13
Part 6 Standards for keeping animals20 Object of this Part 1421 Security of premises 1422 Enclosures 1423 Gates, doors and slides 1524 Stand-off barriers 1525 Warning signs 15
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Page
Non-Indigenous Animals Regulation 2006
Contents
2006 No 519
26 Exit signs 1627 Safety of structures 1628 Separate enclosures in drive-through areas 16
This Regulation is the Non-Indigenous Animals Regulation 2006.
2 CommencementThis Regulation commences on 1 September 2006.Note. This Regulation replaces the Non-Indigenous Animals Regulation 1997which is repealed on 1 September 2006 by section 10 (2) of the SubordinateLegislation Act 1989.
3 Definitions(1) In this Regulation:
classified means classified by this Regulation for the purposes ofsection 6 (d) of the Act.controlled category animal means a category 1a, category 1b, category2, category 3a or category 3b animal.dangerous animal means:(a) an animal of a species whose members ordinarily pose a
significant risk of death or injury to the public (such as a tiger,lion or bear), or
(b) an animal that, because of its particular disposition, health orother condition, poses a significant risk of death or injury to thepublic.
drive-through area means an area in which animals are enclosed andwhich may be driven through by a motor vehicle.enclosure includes a cage or other structure in which an animal is keptor is treated for illness or injury.exhibit, in relation to an animal, means display the animal, or keep theanimal for display, for educational, cultural, scientific, entertainment orother purposes prescribed under the Exhibited Animals Protection
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Non-Indigenous Animals Regulation 2006 Clause 3
Part 1Preliminary
2006 No 519
Act 1986, but does not include display the animal, or keep it for display,solely:(a) in connection with the sale or intended sale of the animal, or(b) for animal research, within the meaning of the Animal Research
Act 1985, or(c) in circumstances declared by a regulation under the Exhibited
Animals Protection Act 1986 not to constitute an exhibition of theanimal for the purposes of that Act.
the Act means the Non-Indigenous Animals Act 1987.zoo means a zoological park within the meaning of the Zoological ParksBoard Act 1973.
(2) In this Regulation, a reference to an animal of a particular category is areference to an animal that is classified by Schedule 1 as an animal ofthat category.
(3) Notes included in this Regulation do not form part of this Regulation.
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Non-Indigenous Animals Regulation 2006Clause 4
Part 2 Classification of animals
2006 No 519
Part 2 Classification of animals4 Prescribed categories
(1) The following categories of animals are prescribed for the purposes ofsection 6 (a) of the Act:(a) category 1a and category 1b (animals the importation and
keeping of which are prohibited),(b) category 2 (animals limited to restricted collections),(c) category 3a and category 3b (animals permitted in other
collections),(d) category 4 (animals the importation and keeping of which are not
restricted),(e) category 5 (animals that are already widespread pests).
(2) Categories 1a, 1b, 2, 3a and 3b are identified as controlled categories forthe purposes of section 6 (b) of the Act.
(3) Categories 1a, 1b, 2 and 3a are identified as higher-risk categories forthe purposes of section 6 (c) of the Act.
(4) Category 3b is identified as a lower-risk category for the purposes ofsection 6 (c) of the Act.Note. The categories set out in clause 4 reflect the categories adopted by theNational Vertebrate Pests Committee, a subcommittee of the Natural ResourceManagement Standing Committee. Under the Committee’s categorisation:(a) Category 1a consists of species categorised as being of extreme pest
potential and are generally not permitted to enter Australia or be keptthere.
(b) Category 1b consists of species that have not been classified asbelonging to any particular category and are generally not permitted toenter Australia or be kept there.
(c) Category 2 consists of species of high pest potential or of significantconservation value.
(d) Category 3a consists of species that pose some threat to persons ordomestic or native fauna and are permitted to be kept primarily for thepurpose of exhibition, education, entertainment or conservation in highsecurity institutions.
(e) Category 3b consists of species that have the potential to establish in thewild a population that would present a new threat or aggravate anexisting threat and may be kept in private collections only under licencesubject to special conditions.
(f) Category 4 consists of species that would be unlikely to present a threator greatly worsen an existing threat if they escaped into the wild. Animalsin this category will usually be domestic or farm animals having no pestpotential.
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Non-Indigenous Animals Regulation 2006 Clause 5
Part 2Classification of animals
2006 No 519
(g) Category 5 consists of species that if they escaped into the wild wouldbe unlikely to establish a population that would present a threat or greatlyworsen an existing threat. Animals in this category will usually currentlybe widespread pests.
5 Basis of animal classificationThe welfare of the animal concerned, having regard to sections 11(Keeping of animals) and 12 (Movement of animals) of the Act, isidentified as a factor, in addition to those specified in section 6A (1)(a)–(d) of the Act, on which the classification of animals is to be based.
6 Classification into categories(1) The classification of animals for the purposes of section 6 (d) of the Act
is as set out in Schedule 1.(2) Any species of non-indigenous animal that is not listed in Schedule 1 is
classified as a category 1b animal.(3) An animal that is classified as both a category 4 and category 5 animal:
(a) is a category 4 animal if it is one of the domestic members of thatspecies, and
(b) is a category 5 animal if it is one of the wild (including feral)members of that species.
(4) The scientific names of the animals referred to in Schedule 1 are basedon the following publications:(a) for all Orders of amphibians: Frost DR, Amphibian species of the
world: a taxonomic and geographical reference, published in1985 by the Association of Systematics Collections, Lawrence,Kansas, USA,
(b) for reptiles in the Orders CROCODYLIA andSPHENODONTIDA and in the Order SQUAMATA, Sub-orderLACERTILIA: Sokolov VE, Dictionary of animal names in fivelanguages: amphibians and reptiles, published in 1988 byRussky Yazyk, Moscow, Russia,
(c) for reptiles in the Order TESTUDINES: IUCN/SSC Tortoise andfreshwater turtle specialist group: Tortoises and freshwaterturtles: an action plan for their conservation, published in 1989by the International Union for Conservation of Nature andNatural Resources, Gland, Switzerland,
(d) for reptiles in the Order SQUAMATA, Sub-order SERPENTES:Mehrtens JM, Living snakes of the world, published in 1987 bythe Sterling Publishing Co Inc, New York, New York, USA,
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Non-Indigenous Animals Regulation 2006Clause 7
Part 2 Classification of animals
2006 No 519
(e) for all Orders of mammals: Wilson DE and Reeder DM, Mammalspecies of the world: a taxonomic and geographic reference,second edition, published in 1993 by the Smithsonian Institution,Washington, District of Columbia, USA,
(f) for all Orders of birds: Sibley CG and Monroe BL Jr, Distributionand taxonomy of birds of the world, published in 1991 by YaleUniversity Press, USA.
7 Bodies consulted about bird classificationThe following bodies are prescribed for the purposes of section 6A (3)of the Act:(a) Associated Birdkeepers of Australia Incorporated,(b) the Canary and Cage Bird Federation of Australia Incorporated,(c) Birds Australia.
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Non-Indigenous Animals Regulation 2006 Clause 8
Part 3Non-Indigenous Animals Advisory Committee
2006 No 519
Part 3 Non-Indigenous Animals Advisory Committee8 Qualifications of member
The prescribed qualifications for the purposes of section 7 (4) (g) of theAct are:(a) that the person:
(i) keeps a collection of non-indigenous animals (notincluding any category 4 animals), being a collection thatis, in the opinion of the Minister, a substantial collection,and has kept a collection of that kind for at least 5 years, or
(ii) is a member of an association or society that is involved inthe keeping of non-indigenous animals and has been amember of such a body for at least 5 years, or
(iii) has a degree, conferred by a tertiary institution recognisedby the Minister, in zoology or a related discipline, and
(b) that the person does not exhibit any animals, and(c) that the person has no convictions for an offence under the Act or
under the Exhibited Animals Protection Act 1986, the NationalParks and Wildlife Act 1974 or the Prevention of Cruelty toAnimals Act 1979 or any other Act relating to the keeping orwelfare of animals.
9 Organisations whose nominee to be memberThe following organisations are prescribed for the purposes of section7 (4) (h) of the Act:(a) Associated Birdkeepers of Australia Incorporated,(b) the Canary and Cage Bird Federation of Australia Incorporated.
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Non-Indigenous Animals Regulation 2006Clause 10
Part 4 Exemptions under section 5
2006 No 519
Part 4 Exemptions under section 510 Importation of animals
The following persons are exempted from the operation of section 10 ofthe Act:(a) in the case of the importation of a category 2 or category 3a
animal—a person who holds an authority under the ExhibitedAnimals Protection Act 1986 that enables the person to exhibitthe animal,
(b) in the case of the importation of a category 3b animal:(i) a person who owns the animal, and
(ii) a person who holds an authority under the ExhibitedAnimals Protection Act 1986 that enables the person toexhibit the animal.
11 Keeping of animalsThe following persons are exempted from the operation of section 11 ofthe Act:(a) in the case of the keeping of a category 2 animal, a category 3a
animal (except Funambulus pennantii, commonly known as theNorthern Palm-squirrel) or a category 3b animal—a person whoholds an authority under the Exhibited Animals Protection Act1986 that enables the person to exhibit the animal,
(b) in the case of the keeping of Funambulus pennantii—a personwho has an animal of that species that is numerically identifiedby an ear tattoo or a microchip and who holds a certificate inwhich a veterinary practitioner (within the meaning of theVeterinary Practice Act 2003) certifies that the animal has beensterilised.
12 Movement of animalsThe following persons (and persons acting on their behalf) areexempted from the operation of section 12 of the Act:(a) in the case of the movement or transportation of a category 2 or
category 3a animal (except Funambulus pennantii, commonlyknown as the Northern Palm-squirrel)—a person who holds anauthority under the Exhibited Animals Protection Act 1986 thatenables the person to exhibit the animal,
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Non-Indigenous Animals Regulation 2006 Clause 13
Part 4Exemptions under section 5
2006 No 519
(b) in the case of the movement or transportation of Funambuluspennantii—a person who has an animal of that species that isnumerically identified by an ear tattoo or a microchip and whoholds a certificate in which a veterinary practitioner (within themeaning of the Veterinary Practice Act 2003) certifies that theanimal has been sterilised,
(c) in the case of the movement or transportation of a category 3banimal:(i) a person who owns the animal, and
(ii) a person who holds an authority under the ExhibitedAnimals Protection Act 1986 that enables the person toexhibit the animal.
13 FeesAny higher or tertiary educational institution is exempt from anyrequirement to pay a fee in relation to a permit or the grant or renewalof a licence.
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Non-Indigenous Animals Regulation 2006Clause 14
Part 5 Licences and permits
2006 No 519
Part 5 Licences and permits14 Applications for licences and permits
An application under section 14 of the Act for the grant or renewal of alicence or under section 19 of the Act for the grant of a permit must bein writing in the form approved by the Director-General for thepurposes of the relevant section and be accompanied by the supportingdocumentation (if any) required by the form or by the Director-General.
15 Fees for licences and renewals(1) The prescribed fee for an application under section 14 (1) of the Act for
a licence is:(a) $500, where the application relates to category 2 or category 3a
animals (whether or not it also relates to category 3b animals), or(b) $60, where the application relates to category 3b animals only.
(2) The prescribed fee for an application under section 14 (1) of the Act forthe renewal of a licence is:(a) $300, where the application relates to category 2 or category 3a
animals (whether or not it also relates to category 3b animals), or(b) $40, where the application relates to category 3b animals only.
16 Fees for permitsAn application under section 19 (1) of the Act for a permit must beaccompanied by a fee of $100.
17 Discounts and variations of licence and renewal fees(1) If a licence is to be granted on or after 1 January but before 1 July in any
year, the prescribed application fee for the licence is to be discounted by50 per cent.
(2) The prescribed application fee for a licence is to be calculated withoutregard to:(a) any category 2 or category 3a animal that is kept on premises the
subject of a licence under the Exhibited Animals Protection Act1986 held by the applicant, or
(b) any category 2 or category 3a animal that the Director-General,on the recommendation of the advisory committee, decides todisregard for the purposes of the calculation.
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Non-Indigenous Animals Regulation 2006 Clause 18
Part 5Licences and permits
2006 No 519
18 Licences and renewals: matters prescribed under section 15 (2) (g)(1) In considering whether to grant a licence or renewal, the
Director-General must have regard to the following matters:(a) the security and care required for the animals that are to be kept
or are kept under the licence,(b) whether the number of licences in force that relate to certain
species of animals should be restricted and, if it should berestricted, whether the grant of the licence or its renewal wouldviolate that restriction,
(c) in the case of a licence for an agent of a zoo to keep a category 3aanimal, whether there is a written agreement between the agentand the institution that transfers the animal to the agent andwhether the agreement contains a requirement that the agent musttransfer the animal back to the institution on demand,
(d) in the case of a licence or renewal of a licence to keep an animalof the Order Primates, or Funambulus pennantii (commonlyknown as the Northern Palm-squirrel):(i) the life expectancy of the animal, and
(ii) the specialised care requirements of the animal, and(iii) the general welfare of the animal.
(2) In considering whether to grant a renewal of a licence, theDirector-General must also have regard to whether the licensee has hadan animal of the species to which the application relates in the licensee’skeeping at any time during the immediately preceding 12 months.
19 Duration of licences: other period prescribed under section 16A licence is in force for the period that ends on 30 June immediatelyafter the issue or renewal of the licence.
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Non-Indigenous Animals Regulation 2006Clause 20
Part 6 Standards for keeping animals
2006 No 519
Part 6 Standards for keeping animals20 Object of this Part
The object of this Part is to prescribe (under section 18 (1) (b) of theAct) certain requirements and standards that licensees or licensedpremises must comply with.
21 Security of premisesReasonable precautions must be taken to ensure that premises wherecontrolled category animals are kept are secure against unauthorisedentry by persons, except to the extent that the Director-Generalotherwise approves.
22 Enclosures(1) Controlled category animals must be kept in an enclosure that is
constructed so as to minimise the risks of:(a) injury to the public, and(b) injury to animal attendants exercising due care while in the
enclosure, and(c) injury to any animal in the enclosure, and(d) escape by any animal from the enclosure.
(2) Vegetation or other material in or near the enclosure must be removedor repositioned if it would otherwise assist an animal to escape.
(3) The enclosure in which a digging or burrowing animal is kept must beconstructed:(a) with a subterranean floor consisting entirely of concrete, or(b) with an enclosing fence of galvanised steel mesh, stainless steel
mesh, or concrete, that extends below ground level to a depth ofat least 1 metre and then (at that depth) extends horizontallywithin the enclosure at least 1 metre, or
(c) in such other manner as the Director-General considers offers asimilar degree of resistance to escape by the animal,
and, in each case, the ground or floor of the enclosure must be coveredby sufficient soil to enable the animal to dig or burrow withoutescaping.
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Non-Indigenous Animals Regulation 2006 Clause 23
Part 6Standards for keeping animals
2006 No 519
23 Gates, doors and slides(1) A gate or door on the perimeter of an enclosure in which controlled
category animals are kept must open inwards to the enclosure.(2) A gate, door or slide on the perimeter of an enclosure in which
controlled category animals are kept must be so designed that an animalin the enclosure cannot lift the gate or door off its hinges or the slide offits tracks and cannot unfasten the device that secures the gate, door orslide.
(3) Entry to an enclosure in which a category 3a animal is kept (other thanan enclosure that is a reptile pit) must be by means of a safety entrancethrough successive gates, doors or slides. All of those gates, doors orslides must be kept locked by key or combination except when a personis in the enclosure.
(4) If an entrance to an enclosure in which controlled category animals arekept (other than an enclosure that is a drive-through area) is a safetyentrance through successive gates or doors, the gates or doors must openinwards to the enclosure.
(5) A gate, door or slide referred to in this clause that is power-operatedmust also be capable of manual operation (both within and outside theenclosure) without risk to the operator.
(6) The location from which a gate, door or slide referred to in this clause,or any other means of access to an enclosure, is operated must be safelyaccessible and allow a clear view of the gate, door, slide or other meansand the immediate area of the gate, door, slide or other means of access.
24 Stand-off barriers(1) If an enclosure where a dangerous animal is kept is so constructed that
contact between the animal and the public outside the enclosure wouldbe possible, a barrier must be provided that prevents that contact andthat is as difficult as reasonably practicable for the public to evade.
(2) A pit where snakes that are dangerous animals are kept must be deepenough to prevent contact between the public and the snakes.
25 Warning signs(1) If an enclosure is dangerous because it has an electrified fence or
contains an animal that is known or suspected to be a dangerous animal,signs must be provided warning of the danger. The signs must besufficient in size, legibility and number to give reasonable warning ofthe danger. They may use words, symbols or both.
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Non-Indigenous Animals Regulation 2006Clause 26
Part 6 Standards for keeping animals
2006 No 519
(2) If, because of subclause (1), warning signs must be provided at adrive-through area, those signs must be placed at the entrance to the areaand also inside the area.
26 Exit signsThe exit from a drive-through area must be clearly marked. Areasonable number of signs must also be used to indicate the route to theexit.
27 Safety of structuresIf entry to a structure, or part of a structure, would present a threat to thehealth or safety of the public because of the condition of the structure,the entrance to the structure:(a) must be locked to prevent such entry, and(b) must be provided with signs giving reasonable warning to the
public that entry is dangerous and prohibited.
28 Separate enclosures in drive-through areasIf there is access from one enclosure to another within a drive-througharea, the access must be so controlled as to prevent an animal in oneenclosure from entering the other at will.
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Non-Indigenous Animals Regulation 2006 Clause 29
Part 7Penalty notices
2006 No 519
Part 7 Penalty notices29 Penalty notices
For the purposes of section 27A of the Act:(a) each offence arising under a provision specified in Column 1 of
Schedule 2 is prescribed as a penalty notice offence, and(b) the prescribed penalty for such an offence is the amount specified
in relation to the offence in Column 2 of Schedule 2.
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Non-Indigenous Animals Regulation 2006Clause 30
Part 8 Miscellaneous
2006 No 519
Part 8 Miscellaneous30 Licensees’ returns
(1) The kind of information to be contained in a return furnished by alicensee under section 21 of the Act is the following:(a) the numbers and species of animals kept by the licensee at the
start of the period specified in the notice served on the licensee,(b) the numbers and species of animals transferred by the licensee
during that period,(c) the names and licence numbers of the persons to whom the
animals were transferred,(d) the numbers and species of animals transferred to the licensee
during that period,(e) the names and licence numbers of the persons from whom the
animals were transferred,(f) the numbers and species of animals kept by the licensee that were
born during that period,(g) the numbers and species of animals kept by the licensee that died
during that period.(2) A licensee must not provide information in a return under section 21 of
the Act that the licensee knows is false or misleading in a materialparticular.Maximum penalty: 10 penalty units.
31 Prescribed addressThe address prescribed for the purposes of section 28 of the Act is:The Director-GeneralDepartment of Primary Industries161 Kite StreetOrange NSW 2800
32 Savings(1) Any act, matter or thing that had effect under the repealed Regulation
immediately before its repeal is taken to have effect under thisRegulation.
(2) For the purposes of clauses 11 and 12 of this Regulation, a certificationgiven by a registered veterinary surgeon (as referred to in clauses 11 and12 of the repealed Regulation) is taken to be a certification given by aveterinary practitioner (within the meaning of the Veterinary PracticeAct 2003).
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Non-Indigenous Animals Regulation 2006 Clause 32
Part 8Miscellaneous
2006 No 519
(3) In this clause, the repealed Regulation means the Non-IndigenousAnimals Regulation 1997.
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Non-Indigenous Animals Regulation 2006
Schedule 1 Classification of non-indigenous animals
2006 No 519
Schedule 1 Classification of non-indigenous animals
(Clause 6)
Part 1 Amphibians
Column 1 Column 2 Column 3Scientific name Common name CategoryORDER ANURA
Family Bufonidae
Bufo marinus Cane Toad 2Family Dendrobatidae
Dendrobates auratus Green Poison-arrow Frog 2Dendrobates azureus Blue Poison-arrow Frog 2Dendrobates tinctorius Dyeing Poison-arrow Frog 2Family Leptodactylidae
Canis latrans Coyote 2Canis lupus Wolf 2Canis familiaris Domestic Dog 4 & 5Canis mesomelas Black-backed Jackal 2Chrysocyon brachyurus Maned Wolf 2Cuon alpinus Dhole; Red Dog 2Lycaon pictus Hunting Dog; African Hunting Dog 2Nyctereutes procyonoides Raccoon Dog; Raccoon-dog 2Vulpes vulpes Red Fox; European Red Fox 5Vulpes zerda Fennec Fox 2
Column 1 Column 2 Column 3Scientific name Common name Category
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Non-Indigenous Animals Regulation 2006
Schedule 1 Classification of non-indigenous animals
Colinus virginianus Northern Bobwhite 4Lophortyx californica California Quail 4Family Phasianidae
Alectoris chukar Chukar Partridge 4Chrysolophus amherstiae Lady Amherst’s Pheasant 4Chrysolophus pictus Golden Pheasant 4Coturnix chinensis King Quail; Chinese Painted Quail 4
Column 1 Column 2 Column 3Scientific name Common name Category
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Non-Indigenous Animals Regulation 2006
Schedule 1 Classification of non-indigenous animals
2006 No 519
Coturnix coturnix Common Quail 4Coturnix japonica Japanese Quail 4Francolinus francolinus Black Francolin 4Gallus gallus Red Junglefowl and all strains of