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Crocodile Trade (Protection) Regulation 1980

Crocodile Trade (Protection) Act
Search Act 1977
This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at  1 July 2001.

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Legislative Counsel
Dated 25 November 2006

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 213.

Crocodile Trade (Protection) Regulation 1980

ARRANGEMENT OF SECTIONS.

Crocodile Trade (Protection) Regulation 1980

MADE under the Crocodile Trade (Protection) Act.

Dated                   200 .

1. INTERPRETATION.

In this Regulation, unless the contrary intention appears–

“belly width” means the width of a crocodile skin on which at least the two outer longitudinal rows of raised scutes posterior to the nuchal shield are present and is the distance across the belly between the outer edges of the outer scutes in the third tranverse scale row behind the nucal shield, outer in all cases meaning furthest from the middorsal line;

“Company Crocodile Buyers Licence” means a licence to acquire crocodiles for export under Section 5(1)(b) of the Act;

“Crocodile Exporters Licence” means a licence to export crocodiles under Section 5(1)(c) of the Act;

“Crocodile Traders Licence” means a licence to acquire and dispose of crocodiles under Section 5(1)(a) of the Act;

“hornback skin” means a crocodile skin which has been cut along the midventral line and which contains the complete longitudinal rows of raised scutes of the back behind the nuchal shield;

“licensee” means the holder of a licence under Section 5 of the Act, and the owner of a crocodile farm registered under Section 11 of the Act;

“owner” in relation to a crocodile farm means the owner, occupier or manager;

“prescribed fee” means the fee set out in Schedule 2.

2. RESTRICTIONS ON SIZE.

(1) Subject to Subsection (3) or to a condition on a licence or certificate of registration granted under the Act, a licensee or person who is required to hold a licence under the Act shall not acquire, dispose of, export or be in possession of a crocodile having a belly width greater than 510mm or less than 180mm.

(2) A licensee or person who is required to hold a licence under the Act shall not acquire, dispose of, export or be in possession of a hornback skin on which the distance across the back between the outer edges of the outer longitudinal rows of raised scutes posterior to the nuchal shield, measured at the third transverse row behind the nuchal shield is greater than 170mm or less than 60mm, outer in all cases meaning further from the middorsal line.

3. LICENCES.

(1) The Minister may, on receipt of an application and the prescribed fee–

(a) for a licence in Form 1 to acquire and dispose of crocodiles–grant a licence in Form 2; and

(b) for a licence in Form 3 to acquire crocodiles for export–grant a licence in Form 4; and

(c) for a licence in Form 5 to export crocodiles–grant a licence in Form 6.

(2) A licence granted under Section 5(1)(b) of the Act ceases to be in force when–

(a) the licence under Section 5(1)(c) of the Act expires, if it is not renewed; or

(b) the licence under Section 5(1)(c) of the Act is cancelled under Section 7 of the Act.

4. SERVICES TO BE PROVIDED.

(1) Subject to Subsection (2) a person who holds a licence under Section 5(1)(a) or (b) of the Act shall provide a buying service during the period of validity of the licence.

(2) Where the licensee intends to cease purchasing during the period of validity of a licence under Section 5(1)(a) of the Act he must give written notice to the Conservator.

Penalty: A fine not exceeding K200.00.

(3) The licensee must, during the period of validity of the licence, keep and maintain reasonable quantities of materials required for the preparation and preservation of crocodile skins.

Penalty: A fine not exceeding K200.00.

5. RETURNS BY HOLDERS OF LICENCES.

(1) The holder of a licence granted under Section 5(1)(b) of the Act must, within 14 days of 31 March, 30 June, 30 September and 31 December in each year, complete and forward a return in Form 7.

(2) A person who fails to submit a quarterly return under Subsection (1) is guilty of an offence.

Penalty: A fine not exceeding K50.00.

Default penalty: A fine not exceeding K2.00.

6. SPECIAL CONDITIONS OF LICENCES.

Without limiting in any way the powers of the Minister or his delegate under Section 6(5) of the Act, special conditions may be imposed on any licence to provide for–

(a) the acquisition, disposal, export and possession of by-products of crocodiles other than the skin; and

(b) the marking, branding, or tagging of a crocodile.

7. EXPORT OF CROCODILES.

(1) The holder of a licence to export crocodiles under Section 5(1)(c) of the Act shall make application in Form 8 in respect of each consignment of crocodiles intended for export.

(2) The Minister may grant written permission for the export in respect of which application has been made under Subsection (1).

(3) A person who exports a crocodile without the prior written permission of the Minister under Subsection (2) is guilty of an offence.

Penalty: A fine not exceeding K100.00 in respect of each crocodile.

8. REGISTRATION OF CROCODILE FARMS.

(1) The owner of a crocodile farm–

(a) where at any time 200 or more live crocodiles are kept; or

(b) who himself, or an employee of whom, holds or is required to hold any licence or permit under the Act,

must apply to register the farm in Form 9.

(2) The owner of a crocodile farm who is not a citizen must apply to register the farm.

(3) An owner of a crocodile farm who fails to apply to register a farm under Subsection (1) or (2) is guilty of an offence.

Penalty: A fine not exceeding K100.00.

Default penalty: A fine not exceeding K5.00.

(4) The Conservator may issue a certificate of registration in Form 10, and the certificate shall be valid for 12 months from the date of issue and may be subject to conditions.

(5) The owner of a crocodile farm who fails to comply with a condition imposed under Subsection (4) is guilty of an offence.

Penalty: A fine not exceeding K200.00.

Default penalty: A fine not exceeding K20.00.

(6) The owner of a registered crocodile farm must, within 14 days of 30 June and 31 December in each year, forward to the Conservator a return in Form 11.

Penalty: A fine not exceeding K200.00.

Default penalty: A fine not exceeding K20.00.

(7) An application under this section shall be accompanied by the prescribed fee.

(8) The Conservator may cancel the registration of a farm–

(a) if the requirements of Subsection (1) or (2) are no longer met; or

(b) if a licence under the Act held by the owner or an employee, and which is necessary to the continuation of the farm, is cancelled under Section 7 of the Act.

(9) In the event of a cancellation under Subsection (8), the Conservator may direct the disposal of any crocodiles kept on the farm.

9. AUTHORIZATION TO TAKE, ETC.

(1) The Conservator may authorize, in Form 12, a person to take, kill, acquire, dispose of or possess crocodiles.

(2) Any person who fails to act in accordance with the conditions of the authorization under Subsection (1) is guilty of an offence.

Penalty: A fine not exceeding K100.00.

10. PERMIT TO TAKE CROCODILES.

^[1]An application for a permit to take, kill, acquire, possess, dispose of or export crocodiles under Section 23 of the Act shall be in Form 13 and shall be accompanied by the prescribed fee, and a permit under that Section shall be in Form 14.

11. LEVY.

(1) The Minister may, from time to time by notice in the National Gazette fix a declared market value for unit measurement for crocodiles exported for the purposes of Section 24 of the Act.

(2) The levy shall be 15% of the declared market value.

(3) The declared market value may be single value, or may differ for species, grades or sizes of crocodiles.

(4) The levy payable shall be calculated by the exporter and tendered with the application for each export consignment under Section 7.

12. WARRANT.

A warrant under Section 13(4) of the Act shall be in the form prescribed under the Search Act 1977.

13. FALSE REPRESENTATION, ETC.,.

Where, for any purpose connected with or in relation to this Regulation, a person–

(a) makes, or causes to be made a representation that is to his knowledge, false or misleading in a material particular; or

(b) conceals, causes or permits to be concealed any material circumstance,

is guilty of an offence.

Penalty: A fine not exceeding K100.00.

SCHEDULE 1

PAPUA NEW GUINEA.

Crocodile Trade (Protection) Act 1974.

Form 1 – ^[2]Application for a Crocodile Traders Licence.

Act, Sec. 5(1)(a). Form 1.Reg., Sec 3(a).

PAPUA NEW GUINEA.

Crocodile Trade (Protection) Act 1974.

Form 2 – Crocodile Traders Licence.

Act, Sec. 5(1)(a). Form 2.Reg., Sec. 3(a).

PAPUA NEW GUINEA.

Crocodile Trade (Protection) Act 1974.

Form 3 – ^[3]Application for a Company Crocodile Buyers Licence.

Act, Sec. 5(1)(b). Form 3.Reg., Sec. 3(1)(b).

PAPUA NEW GUINEA.

Crocodile Trade (Protection) Act 1974.

Form 4 – Company Crocodile Buyers Licence.

Act, Sec. 5(1)(b). Form 4.Reg., Sec. 3(b).

PAPUA NEW GUINEA.

Crocodile Trade (Protection) Act 1974.

Form 5 – ^[4]Application for a Crocodile Exporters Licence.

Act, Sec. 5(1)(c). Form 5.Reg., Sec. 3(1)(c).

PAPUA NEW GUINEA.

Crocodile Trade (Protection) Act 1974.

Form 6 – Crocodile Exporters Licence.

Act, Sec. 5(1)(c). Form 6.Reg., Sec. 3(1)(b).

PAPUA NEW GUINEA.

Crocodile Trade (Protection) Act 1974.

Form 7 – Quarterly Return by a Crocodile Trader or Company Crocodile Buyer.

Act, Sec. 26. Form 7.Reg., Sec. 5.

PAPUA NEW GUINEA.

Crocodile Trade (Protection) Act 1974.

Form 8 – Application for and Permit to Export Crocodile skins.

Reg., Sec. 7. Form 8.

PAPUA NEW GUINEA.

Crocodile Trade (Protection) Act 1974.

Form 9 – ^[5]Application to Register Crocodile Farm.

Act, Sec. 11. Form 9.Reg., Sec. 8.

PAPUA NEW GUINEA.

Crocodile Trade (Protection) Act 1974.

Form 10 – Certificate of Registration of Crocodile Farm.

Act, Sec. 11. Form 10.Reg., Sec. 8.

PAPUA NEW GUINEA.

Crocodile Trade (Protection) Act 1974.

Form 11 – Half Yearly Return for Registered Crocodile Farm.

Act, Sec. 11. Form 11.Reg., Sec. 8.

PAPUA NEW GUINEA.

Crocodile Trade (Protection) Act 1974.

Form 12 – Authorization to take Crocodiles.

Act, Sec. 22. Form 12.Reg., Sec. 9.

PAPUA NEW GUINEA.

Crocodile Trade (Protection) Act 1974.

Form 13 – ^[6]Application to take Crocodiles.

Act, Sec. 23. Form 13.Reg., Sec. 10.

PAPUA NEW GUINEA.

Crocodile Trade (Protection) Act 1974.

Form 14 – Permit to take Crocodiles.

Act, Sec. 23. Form 14.Reg., Sec. 10.

SCHEDULE 2 – ^[7]FEES.

Act. Sec. 26(b)

Office of Legislative Counsel, PNG

1. ^[1]Section 10 amended by Crocodile Trade (Protection) (Amendment) Regulation 1986 (No. 11 of 1986), s1; amended by Crocodile Trade (Protection) (Amendment) Regulation 1998 (No. 16 of 1998), s1).
2. ^[2]Form 1 Fee amended by Crocodile Trade (Protection) (Amendment) Regulation 1986 (No. 11 of 1986), s2(a); amended by Crocodile Trade (Protection) (Amendment) Regulation 1998 (No 16 of 1998), s2(a).
3. ^[3]Form 3 Fee amended by Crocodile Trade (Protection) (Amendment) Regulation 1986 (No. 11 of 1986), s2(a); amended by Crocodile Trade (Protection) (Amendment) Regulation 1998 (No 16 of 1998), s2(b).
4. ^[4]Form 5 Fee amended by Crocodile Trade (Protection) (Amendment) Regulation 1986 (No. 11 of 1986), s2(c); amended by Crocodile Trade (Protection) (Amendment) Regulation 1998 (No 16 of 1998), s2(c).
5. ^[5]Form 9 Fee amended by Crocodile Trade (Protection) (Amendment) Regulation 1986 (No. 11 of 1986), s2(d); amended by Crocodile Trade (Protection) (Amendment) Regulation 1998 (No. 16 of 1998), s2(d).
6. ^[6]Form 13 Fee amended by Crocodile Trade (Protection) (Amendment) Regulation 1986 (No. 11 of 1986), s2(e); amended by Crocodile Trade (Protection) (Amendment) Regulation 1998 (No 16. of 1998), s2(e).
7. ^[7]Schedule 2 replaced by Crocodile Trade (Protection) (Amendment) Regulation 1986 (No. 11 of 1986), s3; replaced by Crocodile Trade (Protection) (Amendment) Regulation 1998 (No. 16 of 1998), s3.