Condition 12 - Venomous snakes (whether or not the individual specimen is capable of a venomous bite) must not under any circumstances be handled or touched by any person other than the holder of this licence or their licensed Assistant without the prior written approval of the Secretary.
Condition 13 - Possession and demonstration of wildlife under this licence must be conducted in a manner and proximity which minimises the risk of injury to any person. Where venomous snakes (elapids) are involved, the demonstration must not be conducted closer than 3m to the audience, except where the licence holder is working in a pit which ensures that members of the public cannot approach, touch or handle the snakes.
Condition 14 - Where venomous snakes (elapids) are involved, only one venomous snake must be demonstrated at a time and all other venomous snakes (elapids) not being demonstrated must be confined to secure enclosures constructed to prevent escape, injury to the public and access by unauthorised persons, except where the licence holder is working in a pit which ensures that members of the public cannot approach, touch or handle the snakes.
Mr Hoser is aggrieved that those conditions have been imposed. On 31 January 2008, he made a request to the Director, Department of Sustainability and Environment, for authorisation under s 28A of the Act for the following :
1 – Permission to hold more than one snake at a time of any taxa, when demonstrating provided that neither the handler nor the public is placed at undue risk.
2 – Permission to approach the public closer than three metres when demonstrating venomous species of snake, provided that neither handler or public is placed at undue risk.
3 – Permission to hand non-venomous reptiles to the public to be handled, including those that have been de-venomised permanently (venomoid) and are therefore also non-venomous and certified by a veterinary surgeon as same, provided that the handler or public is not placed at undue risk.
Clause 3 above also extended to include venomous species with venom intact to persons who 1/ Have signed an appropriate indemnity form, removing liability from ourselves and DSE, 2/ Are over the age of 16 years old and being taught specifically how to handle such snakes, either as a catcher, keeper or practitioner and 3/ Have been appropriately instructed prior to being given the said snakes, as per an application form filled for DSE as sought by them on a new form issued in July 2007 and filled in and filed on or about 31 January 2008.
Section 28A of the Wildlife Act permits the Secretary to give written authorisation to do any of a number of specified things, including to display wildlife if the Secretary is satisfied that the authorisation is necessary for specified purposes. The only sub-section of relevance in these proceedings is s 28A(1)(d) which states :
(d) for the purposes of the management, conservation, protection or control of wildlife or for the purposes of education about wildlife, research into wildlife or scientific or other study of wildlife; or
His request for authorisation was refused. So far as his application to conduct venomous snake handling courses is concerned, authorisation has been given under s 28A(1)(d) subject to conditions. By the end of the hearing only condition 4 was in dispute. It says :
Only those reptiles which are held under Commercial Wildlife (Wildlife Demonstrator) Licence No 12387349-DE may be used in snake-handling courses. Snakes which have been rendered non-venomous by surgery (‘venomoid snakes’) must not be used for snake-handling courses under any circumstances.
Section 86C of the Wildlife Act enables Mr Hoser to apply to this Tribunal for review of the decisions not to grant the authorisations he seeks.
On review, my powers are limited to deciding afresh his requests for authorisation. I have no jurisdiction to review or alter either the prescribed conditions referred to above or the imposition of conditions 12, 13 and 14 on the Commercial Wildlife licences.
My task is to decide on all the evidence and material put to me at the hearing whether I am satisfied that the authorisations Mr Hoser seeks are necessary for purposes set out in s 28A(1)(d).