Acts Amendment (Game Birds Protection) Act 1992 (WA)

WESTERN AUSTRALIA

ACTS AMENDMENT (GAME BIRDS

PROTECTION) ACT 1992

No. 18 of 1992

AN ACT to amend the Wildlife Conservation Act 1950 and the Conservation and Land Management Act 1984 for the purpose of banning the taking of ducks, geese and quail for sport or recreation.

[Assented to 16 June 19923

The Parliament of Western Australia enacts as follows:

No. 18] Acts Amendment (Game Birds Protection)

Act 1992

PART 1— PRELIMINARY

Short title

1.     This Act may be cited as the Acts Amendment (Game Birds

Protection) Act 1992.

Commencement

2.     This Act shall come into operation on the day on which it

receives the Royal Assent.

Acts Amendment (Game Birds Protection) [No. 18

Act 1992

PART 2 — WILDLIFE CONSERVATION ACT 1950

Principal Act

3. In this Part, the Wildlife Conservation Act 1950* is referred

to as the principal Act.

[* Reprinted as approved 30 June 1980.

For subsequent amendments see 1990 Index to Legislation of Western Australia page 172, and Act No. 20 of 1991.]

Section 14 amended

4.     Section 14 of the principal Act is amended in subsection (2)

(a) by deleting "The Minister" and substituting the following —

Subject to section 15A, the Minister

Section 15 amended

5.     Section 15 of the principal Act is amended in subsection

(1) —

(a) by deleting "The Minister" and substituting the following —

Subject to section 15A, the Minister

and

(b) by deleting "seventeen, seventeen A or seventeen B" and substituting the following —

C'

17 or 17A

No. 18] Acts Amendment (Game Birds Protection)

Act 1992

Section 15A inserted

6. After section 15 of the principal Act, the following section is

inserted —

Ducks, geese and quail protected

from recreational taking

15A. (1) The Minister shall not make any

declaration under section 14 (2) (a) that would allow the taking of any species of duck, goose or quail for the purposes of sport or recreation.

Section 28 does not authorize the making of regulations prescribing any licence under section 15 (1) that would allow the taking of any species of duck, goose or quail for the purposes of sport or recreation.

(2)

In subsections (1) and (2) references to "the purposes of sport or recreation" include, subject to section 23, one or both of those purposes whether or not combined with the objective of taking ducks, geese or quail for food.

(3)

Section 17B repealed

7. Section 17B of the principal Act is repealed.

Section 28 amended

8. Section 28 of the principal Act is amended in subsection

(1) —

(a) by deleting paragraph (b) and substituting the

following paragraph —

(b) limiting the number of persons that

may be allowed to take fauna in any

one locality at any one time and

Acts Amendment (Game Birds Protection) [No. 18

Act 1992

regulating the activities of those persons with respect to the taking of fauna;

and

(b) by inserting at the beginning of paragraph (g) the

following —

14

subject to section 15A,

No. 18] Acts Amendment (Game Birds Protection)

Act 1992

PART 3 — CONSERVATION AND LAND MANAGEMENT

ACT 1984

Principal Act

9. In this Part the Conservation and Land Management Act

1984* is referred to as the principal Act.

[* Act No. 126 of 1984.

For subsequent amendments see 1990 Index to Legislation of Western Australia page 32, and Act No. 20 of 1991.]

Section 64 amended

10.     Section 64 of the principal Act is amended in subsection (2)

(a) by deleting "17B,".

Section 148 amended

11.    Section 148 of the principal Act is amended by repealing

subsection (3a).