School of Life Sciences
Department of Environmental Management & Ecology
Procedure manual
3. LEGAL REQUIREMENTS
Regulations
The activities of the University are regulated by a large number and variety of Commonwealth and State Acts of Parliament and Municipal by-laws and regulations. Members of the Department are not required to familiarise themselves with all of the details of such legislation, as the University has, over the years, created regulations in an attempt to ensure that the activities of individual staff and students do not contravene existing legislation.
Compliance by staff with the published University and departmental rules and regulations will ensure that the more common activities of staff and students are carried out within the law. Staff intending to supervise or undertake new or unusual activities, in research or teaching, should inform the Administrator well before commencing, so the proper procedures can be adopted.
If any doubt exists regarding the legality of any current or planned activity the affected staff members should consult the Administrator. The department will not tolerate non-observance of laws or regulations by any of its members for any reason whatsoever.
Legislation
The following is a list of some of the more important Parliamentary Acts affecting the University as a whole and the activities of this Department in particular. Copies of most of these Acts and their prescribed Regulations are held by the Administrator.
Commonwealth Legislation
Copyright Act, Customs Act, Freedom of Information Act, Health Act, National Parks Act, Quarantine Act, Wildlife Protection Act, Equal Opportunity Act
Victorian State Legislation
Agricultural Chemicals Act, Bees Act, Dangerous Goods Act, Fisheries Act, Forest Act, Industrial Safety, Health & Welfare Act, Health Act, Inflammable Liquids Act, Labour and Industry Act, Local Government Act, National Parks Act, Pharmacy Act, Poisons Act, Prevention of Cruelty to Animals, Wildflowers & Native Plant Act, Vermin & Noxious Weeds Act, Wildlife Act, Workers Compensation Act
This section cannot be exhaustive in its cover as the subject is a specialist one and legislation is constantly being updated (check State and Federal Government web sites). It is included to act as a reminder to staff and students to carefully check all of the legal ramifications of any new projects well before they commence any field or laboratory work. If the Administrator cannot provide up to date advice then the University Solicitor is available to do so. There is absolutely no excuse for non-compliance, by staff or students, with any legal requirement.
Permits
Under some Acts of Parliament permits are required to carry out particular activities. Several permits are held by the department which give a blanket cover for specific activities, for example to possess poisons, to purchase ethanol duty free and to buy biological derived products. Some regulations however demand the possession of personal permits to undertake certain activities whilst others are highly specific in their cover and require regular renewal. Applications for permits should be made early, to ensure that they are issued in sufficient time.
The Prevention of Cruelty Act to Animals regulates who and what procedures can be carried out on vertebrates. The staff member in charge of the experiment must apply for a permit under this act which also covers other workers and students under their supervision.
Permits are also required under the Wildlife Act before native animals are trapped, imported, exported, retained alive, transferred to other schools or institutions, or when road kills are collected. The release of captive native animals is also regulated.
The foregoing examples are given to underline the fact that almost every activity is regulated and that care must be taken to check the legality of all proposed activities.
Faculty of Science, Technology & Engineering Animal Ethics Committee
All research projects must be submitted to the above committee for approval before experimental work can be carried out and the results published. Animal Ethics approval should be obtained before applying for your permits.
Department of Fisheries and Wildlife Permits
Permits from the Victorian Ministry of Conservation (Department of Primary Industry, Department of Sustainability and Environment, Department of Victorian Communities) and Department of Fisheries and Wildlife are required for all Australian wildlife held. Additional permits are required to import Australian wildlife into Victoria or to export it from this state.
The term 'Australian wildlife', under the Wildlife Act 1975, means live or dead vertebrate wildlife specimens (or parts thereof) that are indigenous to Australia and includes laboratory bred animals. Fish are dealt with separately under the Fisheries Act of 1968.
Permits should be applied for well in advance of commencement of work.
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