Birds Protection Act of 1881 No 41a (NSW)

No. XXIX.

An Act to protect cer ta in impor ted and o ther

Birds, \20th December, 1881.]

"TTTHEREAS it is expedient to encourage the importation and T V breeding of certain Birds not indigenous to the Colony of New South Wales and also to prevent the destruction of certain Native Birds during the breeding season Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as folloAvs :—

1. The Act forty-second Victoria number ten is hereby repealed. 2. This Act shall come into force immediately after the passing

thereof and may be cited as the " Birds Protection Act of 1881."

3. The expression " Imported Bird" in this Act means any bird mentioned in or which may be added to the First Schedule hereto " Native Bird"—Any bird mentioned in or which may be added

to the Second Schedule hereto " Song Bird"—Any bird mentioned in or

which may be added to the Third Schedule hereto " Scheduled Bird''— A bird of any of the kinds or families mentioned in or which shall be added to any Schedule to this Act And " Close Season"—The period

of time between every first day of September and twenty-eighth day of

February then next succeeding both days inclusive.

4. Any bird not mentioned in the Schedules hereto may by direction of the Colonial Secretary by a notice published in the Gazette at any time hereafter be added to the appropriate Schedule to this Act and after the publication of such notice the provisions of this Act shall apply to such bird and the production of the Gazette containing such notice shall be conclusive evidence of such addition.

5. Any person who shall within a period of five years from the passing of this Act wilfully kill capture or injure or attempt or use any means whatever to kill capture or injure any imported or song bird shall for each such offence bo liable to a penalty not exceeding five pounds in addition to any penalty he may incur by reason of any infringement of the next succeeding section.

section shall be liable to a penalty not exceeding ten pounds.

6. Any person who shall during the close season wilfully kill capture or injure or attempt or use any means whatever to kill capture or injure any scheduled bird shall for each such offence be liable to a penalty not exceeding five pounds.

7. Any person who shall sell or offer for sale or shall have in his control or possession during the close season any scheduled bird recently killed or taken shall for every such bird be liable to a penalty not exceeding five pounds unless he shall prove that the bird was killed taken bought or received either during the period in which such bird could legally be killed or in or from another Colony.

8. No fire-arms having a greater length of barrel than six feet or with the bore exceeding one inch in diameter shall be used for the purpose of shooting any scheduled bird and no fire-arms of any descrip­ tion intended to be used for such purpose shall be affixed to any boat punt or floating vessel of any kind during any period of the year or be loaded with a charge exceeding four drachms of gunpowder or two ounces of shot and any person offending against the provisions of this

9. If any person shall take out of the nest or destroy in the nest
the eggs of any scheduled bird he shall he liable to a penalty not
exceeding the sum of ten shillings for each egg so taken or destroyed.
10. Nothing in this Act shall apply to the taking or killing of
any bird in a domesticated state or ordinarily in confinement by the
owner thereof or to the taking or destroying of the eggs of any such
bird by him or to any eggs taken from or any such bird taken or killed
within any mew or breeding place by the owner thereof Provided that

the bird so killed or taken shall not have been originally caught or

taken during the close season.
11. Whenever any sheet of water island or enclosed land has been or shall be set apart by the Government or any private person for preserving any of the scheduled birds the Colonial Secretary may declare by notice in the Gazette such setting apart and the names of the birds intended to be preserved and thereafter any person other than the owner thereof who shall kill capture or injure any such bird within the limits of such water island or land shall be liable to a penalty not exceeding five pounds Provided that the Colonial Secretary may by a like notice cancel any such setting apart.
12. It shall be lawful for any householder or constable to require any person offending against any of the provisions of this Act to give his name in full and place of abode And in case such person shall after being so required refuse to give his real name or place of abode or shall give a false or fictitious name he may be at once arrested and taken before some Justice of the Peace and shall be liable for every such offence to an additional penalty not exceeding five pounds.
13. All informations or charges for offences against this Act may be heard and determined in a summary way before one Justice of the Peace in accordance with the provisions of the Act or Acts for the time being in force with reference to summary proceedings before Justices of the Peace subject to the right of appeal to the next Court of Quarter Sessions holden nearest to the place of conviction and in all cases the defendant shall be a competent witness.
14. All penalties recovered under this Act shall be paid—one- half to the person who in the opinion of the convicting Justice of the Peace shall have ^iyeri such information as led to the conviction and one-half to the Zoological Society.

15. This Act shall not apply to any aboriginal native of Australia who may kill or take any bird for his own use nor to any person	authorized by the Colonial Secretary to collect specimens of natural
history for any scientific institution or museum.

SCHEDULES.

SCHEDULES.

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

Imported Game.

Pheasan t .	Californian	Quail .
Pa r t r idge .	Chinese	Quail .

Grouse . "White Swan.

T H E S E C O N D S C H E D U L E .

Native Game.

W i l d Duck of any species.	Mal lee	H e n .
Teal .	L y r e	Bird.
E m u .	Quai l .

Nat ive Companion. L a n d Bail .

Tallegalla or B r u s h Turkey .

"Wild Tu rkey or Bus t a rd .

Plover Spur -wing .

Black Swan. "Wild Geese.

Bronze-winged and o the r "Wild Pigeons and Doves.

T H E	T H I R D	S C H E D U L E .
Song Birds—Native	and	Imported.

Robin .	Flyca tcher .
Night inga le .	G r e a t Kingf isher—commonly known

Skylark. as t h e L a u g h i n g Jackass .

L inne t .	Swift.
Thrush .	Peewi t .
Star l ing.	Reed Sparrow.
Blackbird.	Colonial La rk .
Goldfinch.	I n d i a n Minah .
Chaffinch.	Amer ican Mocking Bird .

B lue "Wren. Magpie o ther than the black M a g p i e .

W a g t a i l .	Curlew.
Honeysucke r .	R e g e n t Bird.

D iamond Sparrow Eifle Bird .