Birds Protection Act 1900 (SA)

ANNO SEXAG ESIMO TERTIO ET SEXAGESIMO

QUARTO

No. 745.

An Act for the Protection of Birds.

[Asseded to, December 5th, 1900.1

it Enacted by the Governor, with the advice and consent of

B" the Parliament of Sonth Australia, as follows:

1. The " Game Act, 1886," is hereby repealed so far as the same Repeal.

relates to birds.

2. This Act may be cited as " The Birds Protection Act." Short title.

3. Birds included in the First Schedule shall be protected during Bird8 protected.

(a) Kill, wound, destroy, catch, or take: ( 6 ) Have

the whole of every year; birds inclutld in the Second Schedule shall be protected during the period in such Schedule mentioned; and the periods respectively for which birds are so protected shall be deemed a close season: for birds included in the Third Schedule there is no close season: Provided that the Governor may, by Pro- clamation published in the Gooernmen t Gm~t te, make an order transferring any birds from any one Schedule to any other, and thereafter the birds transferred shall be deemed to be included in the Schedule to which they shall respectively be transferred: Pro- vided also that the Govcrnor may, by Proclamation published as aforesaid, make :m order declaring that any portion of the Crown lands, or any puldic reserve, or the sea-shore or any part thereof, shall be n bird protection district, and thereafter all birds within such district shall, except birds included in the 'L'hird Schedule, for the period mentioned therein, be absolutely protected.

Offences.

4, Any person who shall-

63' & 64' VICTORIW, No. 745.

The Birds Protection A c t. 1 9 0 0.

(b) Rave in his possession or control:

(c) Sell, offer, or hawk for sale:

(d) Export, or attempt to export:

m y protected bird or any bird on or from any protected district or

reserve;

( A ) Take out of the nest or destroy in the nest:

. (f) Sell, or offer or hawk for sale, or have in his possession for

sale:

the eggs of any protectcd bird, or the eggs of m y bird from any

protected district or reserve;

(g) After the twentieth day of December, one thousand nine hundred, sell, or offer or hawk for sale, any skin 01 feather of any protectcd bird, or any article madc there- from, or in which the same shall bc uscd:

shall be guilty of an offence against this Act. Any person who shall

be or enter upon any land for the purpose of corn~~litting m y offence against this Act, or with intent so to do, shall also be guilty of an offence against this ,4ct: Provided that nothing in this section con- tained shall apply to -

1. Any aboriginal native killing birds or taking eggs on Crown lands (not being a bird protection district or a bird pro- tection 1.csel.vc under this Act) for food for himsclf or his family:

1 1. Any person who shall have in his possession any bird which shall have been lawfully in his possession prior to the passing of this Act:

111. Any person having in his possession birds as domestic pets,

whenever and however taken:

I V. Any person, being the owner or occupier of any garden, vineyard, or field of corn or other cultivated crop, killing or takiug therein any bird mcntioned in thc Sccond Schedule.

llleg~l devices. 5. (U) Every swivel or punt gun:

( b ) Every crutch or instrument to enablc a gun or rifle of any

sort to be fired other than from the shoulder:

is hereby declared to be an illegal device, and forfeited to the Crown;

and every person who shall use, carry, or possess any such device, or

who shall fire any gun or rifle for the purllose of shooting at birds with the aid of any such crutch or instrument shall be guilty of an offence against this Act ; and any constable n~ay seize and take into

his possession any such device.

63' & 64' VICTORIE, No. 745. 3

-

- - -. - - - -. - -

The Birds Protection Act. -1 900.

6. If any person shall he found offending against the provisions Offendera to give UP

of this Act, and shall not give his name and address, or shall give a ,,pon8,aodbird8. name and a d b r s,

false name or address, or shall not deliver any hird, egg, or gun, ., .

weapon, net, trap, or other instrnment used for killing. wounding, or Section 15 of ~ o m *	Act amended.
destrojing, catching, or taking birds, to anv person being the owner or occupicr or the agent for the owner "or occupier of the land whereon any offence ngainst this Act shall have been committed, or
to any constable who mav demand such name and address, or such
bird, -egg. gun, weapon. ;let, trap, or instrument, it shall be lawful for such person or constable, with ally assistance he may require, to take such first-named person into custody, and take him before any Special Mngistmte or two Justices of the Peace, to be dealt with according to law; and any person who shall refuse to give his name and address, or shall give a false name or address, or shall assault or resist any constable so d~mimding such hir4 eggs, gun, weapon, net, trap, or instrurncrl t, shall be guilty of an offence against this Act.

tion of the TXrector of the South Australian Museum, grant a granted. 7. The C'ommissioncr of Crown Lands may, on the recommends- Permit may be

pcvmit to any person to collcct for scientific purposes from any Crown lands not ir~clutled in a hird protection district or reserve, or from any private property if the consent of the owner has been obtained. any protected birds, or the nests and eggs of' such pro-

tected birds: Provided that --

r. The period during which any permit shall remain in force

shall be specified thereon:

I I. Any person to whom any permit shall have becn granted

shall ha\.e ttie same in his possession when engaged in col-

lecting such birds, nests, or eggs:

I r r. The Commissioner may at any time revoke any permit.

8, h y w er son who shall be guilty of an offence against this Penalty on killing, t~king, or having in

Act shall forfeit and pay-For the first offence, a penalty of not less pwcwa

than One Pound nor morc than TWO Founds; for a second or sub- bird8 or other animal0 durir~g period of pro-

than Twenty-five Pounds; and in every case shall also forfcit and pay

the sum of Five Pounds f'or every bird, if mentioned in the First Section 6amended.

sequent offence, a penalty of not less than 'l'wo Pounds nor more ,,,,ion. in tlle second Schedille, killed, wounded, destriycd, caught, taken,

bought, sold, found in possession or control, or otherwise improperly

dealt with.

9. One half of every sum which shall be imposed as a penalty One half of penaltlee to be paid to the

for any offence under this Act shall be paid to thc South AUS- zoOio .cal Society,

tralinn %oologir;ll and A rrlimn tisiltion Society, Incorporated, and the ptherfalf	L	reasuror. to
other half of every such sum shall be paid to the Treasurer for the public use of thc said province.

63' & 64' VICTORIB, No. 745.

me Birds Protectim Act.-- 1900.

S u v a r y jurlrr-

aictl~n. 10. All proceedings for any offence against this Act may be

had and taken before, and be heard _and determined in a summary way by, any Special Magistrate or two Justices of the

Peace, under the provisions of the Ordinanre No. 6 of 1850, '* '1'0 facilitate the performance of duties of Justices of the Peace out of Sessions with respect to Summary Convictions and Orders," or of any Act in force, ar hereafter to be in force, relating to the duties of Justices of the Peace with respect to summary convictions and orders; and all convictions and orders may be enforced as in the said Ordinance, or in any other Act as aforesaid, is or shall be provided.

11. There shall be an appeal to the Local Court of Adelaide of

Full Jurisdiction only against any order or conviction by any Special Magistrate or Justices of the Peace against this Act, and from every order dismissing any information or complaint, or from any other order made by such Magistrate or Justices under this Act; and the proceedings on such appeal shall be conducted in manner appointed by the said Ordinance No. 6 of 1850, for appals to Local Courts, or any Act to be hereafter in force regulating such appeals; but the Local Court of Adelaide aforesaid shall have power to make such order as to the payment of the costs of the appeal as it shall think

fit, although such costs may exceed Ten Pounds.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

TENNY SON, Governor,

THE

No.

me Birds Protection Act.- 1900.

THE FIRST SCHEDULE.

BIRDS PROTEC I'ET) DURING 'I'HE WHOLE YEAH.

-

Scientific Family or Generic Species

Common Name. Number for

lu'ame. Reference.

---

Owls of all species.. .. .. .. .. .. .. .. .. . 'L8 to 37

Mopokes and Night Jars of all species ,. 38 to 50

Swifts of a l l species .. .. .. .. .. .. .. .. 51 and 52

Swalloww and Martins of all specie^.. .. .. 5 3 to 57

Laughing Jac*kasses and Kingfishers of all

species .. .. .. .. .. .. .. .. .. .. .. .. .. . 60 to 72

Wood Swallows of all species .. .. .. .. .. 7.3 to 80

Diamond Birds (or Yardalote~) of all

species,. .. ., .. .. .. .. .. .. .. .. .. ,. .. Pnrdalotus 81 to 87

Piping Crowshrikes (or Native Magpies) of

all species .. .. .. .. .. .. .. .. .. .. .. . . 92 to 94

Butcher Birds and all species of small

Crow~hrikes .. .. .. .. .. .. .. .. .. .. . Crac ticus 95 to 101

Magpie Larks.. .. .. . . .. .. .. . . .. .. .. Qrallina 102

Wlue Doves, Thickheads, Shriketits, and

Hell Birds .. .. .. .. .. .. .. .. .. .. .. . Campephaginat 103 to 131

'Urrushes of all species. .. .. .. .. .. .. .. .

Fantails (or Wagtails) and Flycatchers of

all species .. .. .. .. .. .. . ,. .. .. 134 to 154

%obin~ of all species. .. .. .. . .. .. .. .. .. 163 t.o 178

Superh IVarblers, 1l:rnuWrens. Blue Wrmr, Malurus Amytis and 185 to 201

and Wrens of all species .. .. .. .. .. .. i Stipitut us

Native Tits I)!' all species .. .. .. .. .. .. .. Aoanthiza and Geobasileus 220 to 230

Tintacks and Ephthinnur;~s of all species.. R!,hthirtnura 23 1 to 233

Pipits and Lwks of all species. .. .. .. .. .	Motacillidre	240 to 243
Rccd Warblers and Rush Larks of all

species ., .. .. .. .. .. .. .. .. .. .. .. .. Sy lviadse 246 to 248

Rowvr Birds .. .. .. .. .. .. .. ., .. .. .. .. Ctilamydodera 278 to 281

Tree Creepem of all species .. .. .. .. .. .. Climacteria 366 to 371

Cuckoos of all species ., .. .. .. .. .. ., .. Cuculidte 377 to 385

Stone Plovers or Night Curlevvs .. .. ,. ,. (Edicnemus 4 96

Ibis and Spoonbills uf all species.., .. ., .	Tantalidce	538 to 542
Herons. Hitterns, Egrets of all speries.. ..	A rdeidae	545 to 562

Seagulls of all species .. .. .. .. .. .. .. .. Laridae 596 to 599

Terns (or Sea Swallow) of all species.. . . Steruidse 600 to 616

Cape Barren Geese .. .. .. .. .. .. .. .. Cereopsis 578

NOTR.--The scientific family and generic names are taken from Oould's *' Handbook to the Birda of A~istralia," and the species numbers are those given in the same book to the species included in this list.

THE

63' & 64' VICTORIA?, No. 745.

The Birds Protection rict.-1900.	-
. THE SECOND SCHEDULE.

BIRDS PROTECTED DURING PART OF THE YEAK.

emu^ .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

From the first day of June to the

Swans : . ... .. .. .. .. .. .. .. .. .. .. .. ..

twentieth day of December, both

Wild Geese (except Cape Barren Geese).. I inclusive.

Plovers of all kinds .. .. .. .. .. .. .. .. .. .

From the first day of August to the

Wild Ducks of all kinds .. .. .. .. .. .. .. ! twentieth day of December, both

Bustmds or Nati\ e Turkeys .. .. .. .. .. .

( inclusive.

All other wild birds, whether indigenous or From the first day of July to the

imported, except those mentioned in the twentieth da?- of December, both

First and Third Schedules. ........... inclusive.

Crows (Corvuh)	Snipe (Gallinago)
Wattle Birds (Anthochsera)	English Starlings
Silver Eyes (Zosterops)	English Chatfir~ches

Cormorarr tu (Pl~alacrocorax	j	English House Sparrows
Sulphur Crested C-ckutoos	Rovella Parrots (P1:~tycercus

(Cacatua Galerita) Adelaidensis, Platycercus

Hawks eximius).

F

__I_-- ---- - pp-

Adelaide : By authority, C. E. BRIBTOW, Government Printer, North Terrace.