Whereas section 45 establishes that subject to a certain exception only a licensed wildlife dealer will be entitled to purchase or sell protected fauna, this section empowers the Minister, by means of regulations, to regulate and control the business of wildlife dealing. In effect, certain provisions in the Game Preservation Act, 1930 are adapted by extending them to all protected species of wild bird and wild animal whether or not they are game species. The basic difference is that under the Bill the Minister would operate by way of regulations, whereas in the 1930 Act the control provisions were specified therein and applied automatically on the commencement of the Act on 1st May, 1930. The flexibility provided by the regulations procedure will enable the Minister to cope with changing circumstances relating to wildlife dealing without the need for amending legislation.
SECTION 46.
Do the guarantees given under this section to hoteliers refer only to transactions with dealers unless the hotelier is a dealer himself?
What guarantee have we in relation to the person from whom the dealer has purchased?
The wildlife dealer can purchase from the person who kills lawfully.
We assume that hitherto the hotelier bought from a particular person. We are providing against the dealer taking the new role of the hotelier——
The regulations will provide for that. The wildlife dealer will have to keep a register showing from whom he purchased and show, perhaps, the number of the permit of the person who sold to him. This has already been in operation. I know a little about it because I applied for a game dealer's licence in the District Court year after year. It is not an innovation. It is an extension of the procedure which has been in operation since 1930. We assume that the regulations will provide that the wildlife dealer who purchases a pheasant from A will have to give the name and address of A. I assume he will have to give the number of A's hunting permit.
Is there any specific limit on the licence?
It is one year.
The Minister could make a regulation to make it five years.
It could be five years but it is unlikely. If the person who has a wildlife licence is convicted in the court for an offence under the Bill for a particular type of offence, his licence will be withdrawn.
How is the type of premises to be used decided on?
The court must be satisfied. The court must give a certificate, more or less like the bookmaker's certificate, of suitability of premises. The court will have to be satisfied that the individual is a suitable person to get a wildlife licence and that his premises are suitable for keeping live and dead birds.
The Minister will have a check?
Yes. One of the provisions is that the Minister must be notified of the intention of the applicant to make an application.
Would there be a definite check, because an application can be made by any individual?
There is no doubt about that and there are ample precedents—an auctioneer must get a certificate every year, a bookmaker must get a certificate and so on.
Mr. Kitt
Will a health inspector be involved in this?
No, in so far as checking up on what is going on. I assume that the regulations could provide that the health authorities will be notified.