Birds and Animals Protection Act 1918 (NSW)

BIRDS AND ANIMALS PROTEC­

TION ACT.

Act No. 21, 1918.

An Act to provide for the protection of certain animals and birds ; to repeal the Birds Pro­

tection Act, 1901 , and the Native Animals
Protection Act, 1903 ; to amend certain other Acts ; and for other purposes consequent thereon or incidental thereto. [Assented to,

12th September, 1918.]

lative Council and Legislative Assembly of New South	B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis­
Wales in Parliament assembled, and by the authority of
the same, as follows :—

Preliminary.

1 . (1) This Act may be cited as the "Birds and Animals Protection Act, 1918," and shall come into force on a date to be fixed by proclamation of the

Governor.

(2) This Act shall not apply to domestic birds or animals or to reptiles, or to rats or mice of any species.

2. The Birds Protection Act, 1901, and the Native Animals Protection Act, 1903, are hereby repealed.

3 . In this Act, if not inconsistent with the context,—
"Cour t " means any stipendiary or police magis­
trate or any two justices of the peace sitting

in petty sessions.

" District" means district constituted or proclaimed

under this Act.

" Land " includes any land covered by water, or any

waters within the territorial jurisdiction of

New South Wales. " License "

" License " means a license issued in pursuance of

this Act.

" Proclamation " means proclamation in the Gazette.
"Protected bird or animal" means and includes any bird or animal not mentioned in or not hereafter added to the First or Second Schedule hereto, and (he eggs of any such bird.
" Regulations " means any regulations made under

or by virtue of this Act.

" Scheduled animal" means any animal mentioned

in or hereafter added to the Second Schedule
hereto.

" Scheduled bird " means any bird mentioned in or

hereafter added to the First Schedule hereto,
or the eggs of any such bird.

" S la te" means State of New South "Wales.
"Take or k i l l " means the hunting, shooting,

killing, poisoning, netting, snaring, spearing,

pursuing, taking, disturbing, or injuring of any

protected bird or animal.

Scheduled birds and animals.

4:. The Minister may, by notice in the Gazette, add the names of any birds or animals to the First or Second Schedules of this Act respectively for any particular locality described in such notice or for the whole State, and may remove the names of any birds or animals therefrom for any particular locality described in such notice or for the whole State.

The production of the Gazette containing such notice

shall be conclusive evidence of such addition or removal.

5 . The Minister may by notice in the Gazette declare

a close season for the protection of any specified
scheduled bird or animal.

Such notice may refer to the whole State or to any

locality specified therein.
Notwithstanding anything contained in the Pastures Protection Act, 1012, or in any other Act, any person who during such close season and in such locality "wil­ fully kills, captures, or injures, or attempts or uses any means whatever to kill, capture, or injure any such bird or animal, shall, for every such offence, be liable to a penalty not exceeding twenty pounds.

Protected

Protected birds and animals.

6. (1) The Minister may by notice in the Gazette declare an open season for such protected birds and animals as may be specified in such notice.

Such notice may refer to the whole State or to any

locality specified therein.

(2) Any person who, except during such open season, takes or kills any protected bird or animal, or uses any gun, explosive, dog, net, or instrument or means whatsoever for the purpose of taking or killing any protected bird or animal, shall, upon conviction, be liable to a penalty not exceeding twenty pounds.

7 . (1) The Minister may, in the prescribed form and subject to any limitations as to locality and to any other conditions he may think proper, issue licenses authorising the holders thereof to take or kill the protected birds or animals specified therein during an open season, for the purpose of selling the same.

(2) Any person who except in pursuance of such
a license takes or kills any protected bird or animal for

purposes of sale shall be liable to a penalty not exceed­ ing five pounds for each bird or animal in respect of which such offence has been committed.

S . (1) Any person who knowingly buys, sells, offers, or consigns for sale, or has in his possession, bouse, or control, any protected bird or animal or the skin of such bird or animal or any part of such bird or animal at any time shall be liable to a penalty not exceeding five pounds for each bird or animal, or skin, or part of

a bird or animal in respect of which such offence has

been committed.

The provisions of this subsection shall apply, whether such bird or animal was killed, taken, or bought in or received from any State or territory of the Common­ wealth of Australia or the Dominion of New Zealand : Provided that the Governor may by proclamation exempt any bird or animal from such provisions.

(2) A person shall not be convicted of an offence against this section if he proves—

(a) that such bird or animal, or the bird or animal

from which such skin or part was taken, was

killed,

killed, taken, bought, or received either during

an open season, and not for purposes of sale, or

in pursuance of a license or in or from any
country other than any such State, territory, or

Dominion as aforesaid; or

(b) that he had such bird or animal, or skin or part thereof in his possession legally before the commencement of this Act, or that he pur­ chased the same legally within six months after such commencement from some person who possessed the same before such commence­ ment.

Districts.

9. The land mentioned in the Third Schedule hereto

is hereby constituted a district for the purposes of this Act.

The Governor may, by proclamation, declare any other land in New South Wales to he a district or districts.

The Governor may, by proclamation, declare what birds and animals may he taken or killed within a district.

Any person who, in any district, except in pursuance of a license, takes or kills, or attempts to take or kill

any bird or animal not so proclaimed, whether protected
or scheduled, shall be liable to a penalty not exceeding
twenty pounds.

1 0 . If any person, not acting in pursuance of a license, enters any district in search or pursuit of or for the purpose of taking or killing any animal or bird not proclaimed under the provisions of the last preceding

section, he shall, on conviction, be liable to a penalty not
exceeding twenty pounds; and having in his possession

when so trespassing any implements or means for taking or killing birds or animals, or being accompanied

by dogs, shall be prima facie evidence of such purpose.

Rangers.

Every member of the police force shall by virtue of his office be a ranger, and the Minister may from time to time appoint honorary rangers who shall have the same powers and duties as rangers under this Act.

1 1 .

1 2 . Any ranger who has reason to suspect that a breach of any of the provisions of this Act or the regulations has been committed, and that any bird or animal in respect of which such breach has been com­ mitted is likely to be in any tent, house, vessel, boat, conveyance, or other place, may enter and search, and seize any such bird or animal found therein.

1 3 . Every ranger is hereby empowered, for the enforcement of the provisions of this Act, to exercise the powers and authority of a constable, and may at all times and seasons, without any let or hindrance what­ soever, enter any land or premises, and examine any nets, traps, or other instruments which arc being used or could be used in contravention of this Act, and do all such other acts and things as he is required to do by this Act or the regulations; the pro­ duction by him of. his appointment shall be sufficient warrant for so acting.

1 4 .     (1) Any ranger may require any person reason­

ably suspected to be; offending against any of the provisions of this Act or of the regulations to give his name in full and place of abode.

(2) If such person, after being so required, and

on production of the necessary authority, refuses to give his real name or place of abode, or gives a false or fictitious name or place of abode, he may be at once arrested and taken before a court, and shall be liable for every such offence to a penalty not exceeding five pounds.

1 5 . If any person is found offending against the provisions of this Act, and refuses to deliver up any
bird or animal, instrument, gun, net, or other means

of destruction or capture to any ranger who may demand the same, such ranger may, with any assistance he may require, take such person into custody and take him before any court to be dealt w i t h according to law.

1 6 . Any person who assaults, resists, or obstructs, or encourages any other person to assault, resist, or obstruct, or who uses abusive language to a ranger, or to any other person in the execution of his duty or authority under this Act or the regulations, shall be

liable to a penalty not exceeding ten pounds.

Exemptions.

Exemptions.

1 7. Nothing- in this Act shall extend or he construed to extend to prevent any person who is the owner of any bird or animal, from keeping the same in confinement or in a domesticated state, or from offering for sale or

selling, or taking or killing the same.

1 8 . The Minister may, by license, authorise any person, at any time, to kill any bird or animal found on his land which may be destroying or injuring or be
likely to become injurious to his property.
1 9 . The Minister may, by license, authorise any person to take or kill certain birds and animals as specimens of natural history for any scientific insti­ tution or museum, or for the purpose of carrying on any scientific investigation, or for any purpose specified in such license.

2 0 . In all cases where the defendant or person charged with any offence under this Act pleads any of the exemptions therein contained, the proof thereof shall be upon such defendant or person charged.

General.

2 1 .     (1) Any person who uses or carries for other than

naval or military purposes a firearm having a greater length of barrel than thirty-six inches, or having a bore exceeding ten gauge, or having more than two barrels, or being of a weight exceeding sixteen pounds avoir­ dupois, shall be liable to a penalty not exceeding twenty pounds.

(2) Any person who, for the purpose of shooting

any protected bird or animal,—

(a)	affixes to any boat, punt, or floating vessel of any kind a firearm of any description ; or
(b)	loads with a charge exceeding four drachms of

black gunpowder, or its equivalent in smoke­ less powder, or two ounces of shot a firearm of any description ; or

(c) uses any gun or fowling-piece of a kind other than the kind which are habitually raised at arms' length and fired from the shoulder without other support,

shall be liable to a penalty not exceeding twenty pounds.

(3)

(3) Any firearm used in contravention of this

section shall, on the conviction of the person so using it, be liable to be forfeited by the court, and to be disposed of as such court may direct.

2 2 . If any person contravenes or fails or neglects to observe any of the provisions of this Act, he shall, for every such offence, if no other penalty is provided therefor, be liable to a penalty not exceeding twenty pounds.
All prosecutions and proceedings under this Act or the regulations may be made and instituted in the name of the Minister, or of any ranger or other officer appointed under this Act, or of any person aggrieved, and may be heard and determined in a summary way before any court.

2 3 .

Any person who uses cyanide of potassium or any other poison for the destruction or attempted destruction of any protected bird or animal shall for every such offence be liable to a penalty not exceeding fifty pounds.

2 4 .

Any poison.found in the possession of the person so
offending shall on his conviction be liable to be forfeited
by the court, and to be disposed of as the court may direct.

2 5 .     (1) The Governor may make regulations—

for the issue of licenses, the fees to be paid for such licenses, and the conditions subject to which they are issued;
for the preservation and propagation of any bird or

animal;

prescribing the maximum number of any specified

protected bird or animal which any person may

kill or destroy or have in possession on any

one day or within any specified period;

prescribing the method of laying poison and safeguards in connection therewith in order to prevent the destruction of birds and animals protected by or under the provisions of this Act;

for defining the duties of rangers or other officers

who may be appointed under this Act; and

generally for carrying out the provisions of this

Act, and furthering the objects thereof.

The regulations may impose a penalty not exceeding twenty pounds for any breach thereof.

(2)

(2) Such regulations shall—

( i )    he published in the Gazette ;

(ii)   take effect from the date of publication, or from a later date to be specified in such regulations; and

(iii)  be laid before both Houses of Parliament within fourteen days after publication, if Par­ liament is in session, and, if not, then within fourteen days after the commencement of the

next session. If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regulation, such regulation shall thereupon cease to have effect.

SCHEDULES.

F I R S T S C H E D U L E .

Common name. Scientific name.

.Sparrow	. . .	. . .	. . .	. . .	Passer	domesticus.
.Silver Eye	. . .	. . .	. . .	. . .	Zosterops	coerulesecens.

Black Cormorant or Shag . . .	. . .	Phalacrocorax carbo.
White-breasted Cormorant.	. . .	Phalacrocorax gouldi.

Pied Cormorant . . . . . . . . . Phalacrocorax hypoleucus.

Little Black Cormorant . . . . . . Phalacrocorax sulcirostris.

Litt le Cormorant . . . . . . . . . Phalacrocorax melanoleucus.

Crow . . . . . . . . . . . . Corvus coronoides.

Raven . . . . . . . . . . . . Corone australis.

Friar-bird or Leatherhead. . . . . . Tropidorhynchus corniculatus.

Yellow-throated Friar-bird . . . Philemon citreigularis.

Garrulous Honey Eater or Miner

or Soldier Bird. Myzanfcha garrula.

Sulphur-crested or W h i t e Cockatoo Cacatua galerita.

Rose-crested Cockatoo or Galah . . . Cacatua roseicapilla.
Lory . . . . . . . . . . . . Platycercus elegans.

Rose Hill or Rosella Parrot . . . Platycercus eximius.

Blue-bellied Lorikeet or Blue Trichoglossus novae-hollandite.

Mountain Parrot .

Red-rumped Grass Parakeet	. . .	Psephotus haematonotus.
Wedge-tailed Eagle or Eagle Hawk	Uroaetus audax.
Every species of Snipe. Gill-bird. Starling. White-throated Falcon.

SECOND

SECOND S C H E D U L E .

Common name. Scientific name.

Rabbit	. . .	. . .	. . .	. . .	Lepus	euniculus.
Hare	. . .	. . .	. . .	. . .	Lepus	europaeus.
Dingo	. . .	. . .	. . .	. . .	Canis	dingo.
F o x . . .	. . .	. . .	. . .	. . .	Vulpes	alopex.

Frui t Bat or Flying Fox .. . . . Pteropus polioeephalus.

Tiger	Cat	. . .	. . .	. . .	. . .	Dasyurus	maculatus.
Native	Cat	. . .	. . .	. . .	. . .	Dasyurus	viverrinus.

Common Kangaroo R a t . . . . . . Potorus tridactylus.

Brush-tailed Kangaroo	Rat	. . .	Bettongia	penicillata.
Gaimard's Kangaroo R a t	. . .	. . .	Bettongia	gaimardi.

Rufous	Kangaroo	Rat	. . .	. . .	Aeprymnus	rufescens.
Hare	W a l l a b y	. . .	. . .	. . .	Lagorchestes	leporoides.

Nail-tailed Wal laby . . . . . . Onychogale frenata.

White-throated W a l l a b y . . . . . Macropus parma.

Paddymelon	. . .	. . .	. . .	Macropus	thetidis.
Red-legged	W a l l a b y	. . .	. . .	Macropus	wilcoxi.
Black-striped	W a l l a b y	. . .	. . .	Macropus	dorsalis.

W o m b a t . . . . . . . . . . . . Phascolomys initelielli.

Long-nosed Bandicoot . . . . . . Peramelesnasuta.

Common	Bandicoot	. . .	. . .	Perameles	obcsula.
Rabbit Bandicoot	. . .	. . .	. . .	Thylaeomys	lagotis.

T H I R D S C H E D U L E .

Embracing part of the county of Cumberland :—Commencing on the South Pacific Ocean at the eastern extremity of Barranjoey Head ; and thence bounded by the shores of that Head, a line westerly to W e s t H e a d ; by the waters of the Hawkesbury River and lines westerly from Fl int and Steel Point to J u n o Head, and from that

Head to Green Point, and by a line northerly to Flat Rock Point ;

again by the waters of the aforesaid river to the right bank of Berowra Creek, by that creek and Tunk's Creek upwards and the boundary of the parish of South Colah generally westerly and southerly to the northern boundary of the parish of Castle Hi l l ; by that boundary generally westerly and southerly to the Old Windsor Boad ; by that

westerly, Eastern Creek upwards, by part of the southern boundary of

road south-easterly, the northern boundary of the parish of Prospect

the last-mentioned parish easterly, by the eastern boundary of the parish of S t . Luke, the Old Cowpasture Road and the western boundary of the municipality of Campbelltown generally southerly ; by the southern boundary of that municipality generally easterly to Woronora R i v e r ; by that r iver downwards to the southern boundary of the Sutherland Shire ; by that boundary part ly forming the southern boundary of National Park generally easterly to the South Pacific Ocean ; and by the South Pacific Ocean generally northerly to the point of commencement.

SHIRE