This note is not part of the notice, but is intended to indicate its general effect.
This notice, which comes into force on the 28th day after its notification in the Gazette, permits the possession of a mute swan or the egg of a mute swan in specified circumstances and on specified conditions.
Wildlife listed in Schedule 3 of the Wildlife Act 1953 is protected except to the extent that the Minister of Conservation, by notice in the Gazette, authorises the hunting, killing, or possession of the wildlife.
Clause 4 allows a person to possess a mute swan that is legally in the person's possession or the possession of another person when the notice comes into force, or that is injured and cannot recover adequately to survive in the wild, or that is the offspring of a captive mute swan. A person may possess the egg of a mute swan if the egg or the swan that laid the egg is legally in the possession of a person when the notice comes into force.
Clause 5 provides that clauses 6 to 10 apply to a person who possesses a mute swan or the egg of a mute swan in accordance with clause 4.
Clause 6 allows a person to restrict or prevent a mute swan from flying, but the person must comply with the Animal Welfare Act 1999 and any regulation or code of welfare that applies to the restriction or prevention of flight by birds.
Clause 7 provides that a person may kill a mute swan only if the swan poses a health or safety risk to other creatures or is so sick or injured that it is necessary to kill the swan to end its suffering.
Clause 8 prohibits the sale of a mute swan (whether dead or alive) and of any part of the swan or the eggs of a swan.
Clause 9 requires the remains of a mute swan to be disposed of in a way that avoids or minimises the risk of disease or transmission of pests to other creatures.
Clause 10 requires a person who wants to dispose of a live mute swan to give it to another person or inform the Director-General of Conservation.
In addition to the requirements of this notice, it is an offence—
to hunt, kill, or capture a mute swan living in the wild otherwise than in accordance with this notice (section 6(3) of the Wildlife Act 1953):
to release a mute swan without the permission of the Director-General of Conservation (section 56 of the Wildlife Act 1953).
Activities provided for in this notice are subject to any other legal requirements such as those in the Animal Welfare Act 1999.