NSW Class 2 Bird Licence

[Tintola]

All of those that you mentioned are kept by a few people. The only criteria that they want is "If they are legally kept in another state, then they will look at putting the species on to the NSW list, if there is no good reason not to." That is the NSW attitude, other states may be very different (QLD).

[Myzomela]

All of those that you mentioned are kept by a few people. The only criteria that they want is "If they are legally kept in another state, then they will look at putting the species on to the NSW list, if there is no good reason not to." That is the NSW attitude, other states may be very different (QLD).

The attitude in Qld and Victoria is that they are very reluctant to add species to the list, even if they are commonly kept in other states such as NSW and SA.

They use excuses such as having to wait until the relevant legislation comes up for review, which may be several years away. Even then there is no guarantee that they will place any new species on the list. I know that Danny Brown placed a very well researched and exhaustive submission which was rejected, and the next QLD review is still a couple of years off??

Some of them just don't want new species added full stop. It all depends on the individuals within the state departments, and the departmental philosophy.

[SamDavis]

The only criteria that they want is "If they are legally kept in another state, then they will look at putting the species on to the NSW list, if there is no good reason not to." That is the NSW attitude, other states may be very different (QLD).

A surprisingly sensible attitude (for NSW at least). I would love to keep Sunbirds someday - I recall recieving the Readers digest Book of Aus. Birds when I was young and marvelling at the sunbirds on the cover.
We worry about the viability of various exotic finch species, I presume this to be a major issue with many of these guys.

[SamDavis]

They use excuses such as having to wait until the relevant legislation comes up for review, which may be several years away. Even then there is no guarantee that they will place any new species on the list. I know that Danny Brown placed a very well researched and exhaustive submission which was rejected, and the next QLD review is still a couple of years off??
Some of them just don't want new species added full stop. It all depends on the individuals within the state departments, and the departmental philosophy.

Surely the legislation doesn't list individual species? What needs to be understood when dealing with government bureaucrats is that common sense and logical argument rarely seems to work, but if you're known to the people who actually do the work on the inside then it can be a different matter entirely.

[Tiaris]

I know a former SA bird dealer who sent marsupials and softbills to NSW years ago and rang the head of enforcement/compliance in NSW National Parks & told him he was importing restricted native species into NSW including species, numbers and flight details. He challenged the officer to stop him & he would then "bring the system down" by taking legal action on the basis of s52 of the Australian Constitution ("there shall be no interstate trade barriers") & hence the state laws/restrictions are unconstitutional. The parkies didn't even try to stop the shipments involved. This is a powerful tool for anyone to pursue for any such commercial transaction involving state-based restrictions involving species with legally held status interstate. Using this course for expanding species lists may be problematic if the state(s) involved could plausibly use the environmental protection argument, but I see it as a very clear-cut case for demolishing the import/export permit fees of some states. It would require a ballsy commercial operator to stand up for their constitutional rights.

[Ripley]

Hello All.
It appears that I have opened a 'can of worms'....

The question that I ask is... Can you apply and be granted a Class 2 Licence, with or without previously holding (in my case 20 years ago) a Class 1 licence.... I feel that I have the knowledge & the experience to successfully look after softbills...Do you need references from 'actual' holders? What happens when you have only bred foriegn finches/softbills ?

Although I am focued on my Gouldians.....one always has to look to the future......

Cheers
Ripley

[Netsurfer]

Hello All.
It appears that I have opened a 'can of worms'....

The question that I ask is... Can you apply and be granted a Class 2 Licence, with or without previously holding (in my case 20 years ago) a Class 1 licence.... I feel that I have the knowledge & the experience to successfully look after softbills...Do you need references from 'actual' holders? What happens when you have only bred foriegn finches/softbills ?

Although I am focued on my Gouldians.....one always has to look to the future......

Cheers
Ripley

Yes, if you can prove to them that you have been keeping birds for more than 2 -3 years. Your Finch club or your Vet might be able to help! All you need is a letter from either of them saying that you have been keeping birds for that period of time and that they think you have the necessary experience for keeping the class 2 birds.

[arthur]

I It would require a ballsy commercial operator to stand up for their constitutional rights.

Yes . . not surprisingly few would be prepared to put their bodies on the line

It is actually Section 92 . . but no matter Qld NPWS is not in awe of it

I went to the Qld Ombudsman over this when we first got one . . about 30yrs ago

Complete waste of time only result after about 6 months was a letter from Omb. telling me what a great job NPWS was doing

I have been told that under s92 they can't stop you from bringing birds into Qld . . BUT once you have brought them in they CAN stop you from keeping them . . So mission accomplished anyway

So many 'bush-lawyers' on this subject . . Pity there are no Queen's Counsels in the avicultural ranks

[E Orix]

A Stat Dec. should be enough.
Just outline your experience,if that is knocked back then you request why.
At least the process has begun.

[Tiaris]

I It would require a ballsy commercial operator to stand up for their constitutional rights.

Yes . . not surprisingly few would be prepared to put their bodies on the line

It is actually Section 92 . . but no matter Qld NPWS is not in awe of it

I went to the Qld Ombudsman over this when we first got one . . about 30yrs ago

Complete waste of time only result after about 6 months was a letter from Omb. telling me what a great job NPWS was doing

I have been told that under s92 they can't stop you from bringing birds into Qld . . BUT once you have brought them in they CAN stop you from keeping them . . So mission accomplished anyway

So many 'bush-lawyers' on this subject . . Pity there are no Queen's Counsels in the avicultural ranks

S92 it is. The species allowed to be kept may be complicated, but charging an interstate import fee is a clear contravention of s92 & wouldn't stand a chance if legally challenged.