Animals Protection Act of 1879 No 6a (NSW)

No. X.

An Act to secure the protection of certain

Birds and Animals. [12th March, 1879.]

WH E R E A S it is expedient breeding of Game not indigenous to t h e Colony of N e w South

to encourage t h e impor ta t ion and

W a l e s and also to p reven t t h e dest ruct ion of Na t ive Game du r ing t h e

breeding season Be i t therefore enacted by t h e Queen 's Most Exce l len t Majes ty b y and wi th t h e advice and consent of t he Legislat ive Council a n d Legislat ive Assembly of New South Wales in Pa r l i amen t assembled and by t h e au thor i ty of t he same as follows :—

1. The words " impor ted g a m e " shall m e a n and include t he an imals ment ioned in t he First Schedule and the words " na t ive g a m e " shall m e a n and include t h e animals men t ioned in t h e Second Schedule to th i s A c t and the eggs and p rogeny of any such game respectively.

2. I f any person shall wilfully shoot cap tu re kil l t ake or destroy any na t ive game or impor ted game at a n y t ime between t h e first day of A u g u s t and twen t i e th day of Feb rua ry n e x t following Or shall use any means wha tever wi th in t h e same period for t he purpose of cap tur ing ki l l ing or destroying any such game he shall be liable to a penal ty no t exceeding two pounds .

3 . N o description of fire-arms shall be used for t h e purpose of shooting a n y of t h e game ment ioned in e i ther of t h e Schedules here to hav ing a greater l eng th of barre l t h a n six feet or wi th t he bore exceed­ ing one inch in d iameter A n d no fire-arms of any description in tended to be used for such purpose hav ing the barrel or bore exceeding such dimensions shall be affixed to boats p u n t s or floating-vessels of any k ind

dur ing any period of t h e year Nor shal l t he charge when loaded exceed

four d rachms of gunpowder and th ree ounces of shot A n d any person offending against t he provisions of th is section shall be liable to a penal ty not exceeding t en pounds .

4. A n y animals known to be destroyers of snakes ve rmin or insects which are injurious to vegeta t ion m a y by the au thor i ty of t h e

Colonial Secretary b y a not ice publ ished in t h e Gazette a t any t ime be added to t h e lists of animals set for th in t h e First or Second Sche­ dule a n d after publ icat ion of such not ice all t h e provisions of th i s A c t (so far as t hey may be applicable) shall be held to apply to t he animals there in ment ioned Provided t h a t the Colonial Secretary m a y by like proclamat ion wi thdraw any such an imal from the Schedules.

5. I f any person wi th in t h e period s ta ted in t he second section shal l b u y sell or knowing ly have in his possession or unde r his control any dead game whe the r na t ive or impor ted he shall be liable to a pena l ty not exceeding five pounds unless i t can be proved to t h e satis­ fact ion of t h e Jus t i ces hea r ing t h e case t h a t such dead game were impor ted from any ne ighbour ing Colony and the b u r t h e n of such proof

shall rest w i t h t h e accused.

6. W h e n e v e r any sheet of water island or enclosed land has been dedicated to t h e publ ic or otherwise set apa r t by t he Government or any pr iva te person for preserving any of t h e animals men t ioned in ei ther Schedules t he Colonial Secretary m a y declare by notice p u b ­ lished in t h e Gazette such dedication or se t t ing apar t and t h e names of t he animals in tended to be preserved and thereafter any person t a k i n g or ki l l ing or otherwise des t roying any such animals there in shall be liable to a pena l ty no t exceeding five pounds Provided tha t t he Colonial Secretary m a y by a l ike not ice cancel any dedication or

se t t ing apar t as aforesaid.

7. Al l penal t ies imposed by th is A c t or sums of money m a d e payable thereunder m a y be recovered before any two Jus t i ces in a s u m m a r y way Provided t h a t t he provisions of th i s A c t r e l a t ing to na t ive game shall no t ex tend to any aboriginal na t ive nor (as regards an imals inc luded in t he Second Schedule) to any person author ized by t h e Colonial Secre tary to collect specimens of N a t u r a l His to ry for any

publ ic M u s e u m .
8. Every person feeling aggrieved by any convict ion or order

unde r this A c t m a y appeal agains t t h e same in t h e m a n n e r provided by t h e Ac t passed in t he fifth year of K i n g Wi l l i am the F o u r t h n u m b e r e d twen ty - two as t h e same is enforced or amended by the Ac t passed in

t he th i r ty -n in th year of H e r Majesty numbered th i r ty - th ree .

9. This Ac t m a y be cited for all purposes as t h e " Animals

Pro tec t ion Ac t of 1879. ' '

S C H E D U L E S .

THE FIRST SCHEDULE.

Imported Game.

Value or sum to be paid.

For every Pheasant £ 5 For every White Swan £5

„	Partridge	£ 5	Deer	£L5
„	California Quail ... £ 5	„	Antelope	£15

„ Grouse £ 5

For each of the progeny of such animals £ 2 .

THE SECOND SCHEDULE.

Native Game.

Wild Duck of any species.	Great Kingfisher or Laughing Jackass.
Teal Widgeon Coot.	Common Shore Gull.

Emu.	Black-breasted Gull.
Gigantic Crane or Native Companion.	Tern or Sea Swallow.
Bustard or Wild Turkey.	White-breasted Oyster-catcher.
Black Swan.	Sooty Oyster-catcher.
Wild Goose of any species.	Lyre-bird.
Bronze-wing or other indigenous	Rifle-bird.
Pigeon.	Dragoon-bird.
Malice Hen.	Regent-bird.
Land Bail.	Nankeen Night Heron.
Curlew.	Magpie other than the Black Magpie.
Tallegalla or Brush Turkey.	Magpie Thrush or Peewit.

The eggs of such birds.

11 No. X L