Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2002 (Vic)

Conservation, Forests and Lands (Infringement

Notice) (Amendment) Regulations 2002

S.R. No. 18/2002

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provisions	1
3.	Amendment to Schedule of Offences	2

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STATUTORY RULES 2002

S.R. No. 18/2002

Conservation, Forests and Lands Act 1987

Conservation, Forests and Lands (Infringement

Notice) (Amendment) Regulations 2002

The Governor in Council makes the following Regulations:
Dated: 13 March 2002

Responsible Minister:

SHERRYL GARBUTT

Minister for Environment and Conservation

HELEN DOYE

Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are to
amend the Schedule to the Conservation, Forests
and Lands (Infringement Notice) Regulations

1992—

(a) to amend the item numbers for certain prescribed offences; and

(b) to make other minor amendments.

2. Authorising provisions

These Regulations are made under sections 91
and 99 of the Conservation, Forests and Lands
Act 1987.

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3. Amendment to Schedule of Offences

For items 4400 to 4458 of the Schedule to the
Conservation, Forests and Lands (Infringement

Notice) Regulations 19921 substitute—

'6501	An offence under	$100	take or destroy more
regulation 25 of	than the number of
the Wildlife	game set out in
(Game)	Schedule 4 of the
Regulations 20012	Wildlife (Game) Regulations 2001 as the bag limit for that taxon
6502	An offence under	$100	use toxic shot to hunt,
regulation	take or destroy ducks
27(1)(a) of the	other than under the
Wildlife (Game)	circumstances
Regulations 2001	specified in regulation 27(2) of the Wildlife (Game) Regulations 2001
6503	An offence under	$100	be in possession of
regulation	toxic shot in the
27(1)(b)(i) of the	course of hunting
Wildlife (Game)	ducks other than in
Regulations 2001	the circumstances specified in regulation 27(2) or in accordance with regulation 27(3) of the Wildlife (Game) Regulations 2001
6504	An offence under	$100	be in possession of
regulation	toxic shot within an
27(1)(b)(ii) of the	area in which he or
Wildlife (Game)	she intends to hunt
Regulations 2001	duck other than in the circumstances specified in regulation 27(2) or in accordance with regulation 27(3) of the Wildlife (Game) Regulations 2001

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6505	An offence under	$100	be in possession of
regulation	toxic shot within a
27(1)(b)(iii) of the	State Game Reserve
Wildlife (Game)	other than in the
Regulations 2001	circumstances specified in regulation 27(2) or in accordance with regulation 27(3) or (4) of the Wildlife (Game) Regulations 2001
6506	An offence under	$100	hunt or take game or
regulation 29(1)	cause, permit or assist
of the Wildlife	in the hunting or
(Game)	taking of game using
Regulations 2001	any bait, lure, decoy or live animal to attract game other than in accordance with regulation 29(2) of the Wildlife (Game) Regulations 2001
6507	An offence under	$100	use a dog when
regulation 30(1)	hunting or taking
of the Wildlife	game birds or cause
(Game)	or permit a dog to be
Regulations 2001	so used other than in accordance with regulation 30(2) of the Wildlife (Game) Regulations 2001
6508	An offence under	$100	use more than
regulation 31(2)	2 gundogs for the
of the Wildlife	purpose of locating,
(Game)	pointing or flushing
Regulations 2001	Sambar Deer when hunting alone

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6509	An offence under	$100	use more than
regulation 31(3)	2 gundogs for the
of the Wildlife	purpose of locating,
(Game)	pointing or flushing
Regulations 2001	Sambar Deer when hunting in a team
6510	An offence under	$150	as a person who owns
regulation	or possesses a scent-
31(4)(a) of the	trailing hound, allow
Wildlife (Game)	a scent-trailing hound
Regulations 2001	to be found on private property without permission of the owner or occupier, while hunting deer
6511	An offence under	$150	as a person who owns
regulation	or possesses a scent-
31(4)(b) of the	trailing hound, allow
Wildlife (Game)	a scent-trailing hound
Regulations 2001	to be found in a park other than in accordance with the National Parks Act 1975, while hunting deer
6512	An offence under	$150	as a person who owns
regulation	or possesses a scent-
31(4)(c) of the	trailing hound, allow
Wildlife (Game)	a scent-trailing hound
Regulations 2001	to be found in any area prohibited by the Wildlife (Game) Regulations 2001, while hunting deer
6513	An offence under	$150	as a person who owns
regulation	or possesses a scent-
31(4)(d) of the	trailing hound, allow
Wildlife (Game)	a scent-trailing hound
Regulations 2001	to be found in any area closed under Part XI of the
Wildlife Act 1975, while hunting deer

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6514	An offence under	$100	fail to ensure that a
regulation 31(7)	scent-trailing hound
of the Wildlife	is wearing a collar to
(Game)	which is securely
Regulations 2001	attached a metal tag or label on which is legibly printed the
name and address or name, address and telephone number of the owner of the dog
6515	An offence under	$100	as a person who is
regulation 32(1)	hunting on public
of the Wildlife	land in recognised
(Game)	deer habitat, have the
Regulations 2001	care or control of a dog (that is not a registered scent- trailing hound or gundog) that is not restrained or confined without written approval of the Secretary
6516	An offence under	$150	be in possession of a
regulation	regulated spotlight
33(2)(a) of the	and a firearm in a
Wildlife (Game)	recognised deer
Regulations 2001	habitat between the hours of sunset and sunrise other than in accordance with
regulation 33(3) of the Wildlife (Game) Regulations 2001
6517	An offence under	$150	be in possession of a
regulation	regulated spotlight
33(2)(b) of the	and be in company
Wildlife (Game)	with a person in
Regulations 2001	possession of a firearm in a recognised deer habitat between the hours of sunset and sunrise other than in

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accordance with
regulation 33(3) of
the Wildlife (Game)

Regulations 2001

6518	An offence under	$150	be in possession of a
regulation	firearm and be in
33(2)(c) of the	company with a
Wildlife (Game)	person in possession
Regulations 2001	of a regulated spotlight in a recognised deer
habitat between the hours of sunset and sunrise other than in accordance with
regulation 33(3) of the Wildlife (Game) Regulations 2001
6519	An offence under	$100	hunt, take or destroy
regulation 36 of	game during the
the Wildlife	period commencing a
(Game)	half-hour after sunset
Regulations 2001	on any day and ending a half-hour before sunrise on the next day
6520	An offence under	$100	hunt, take or destroy
regulation 37(1)	duck or cause, permit
of the Wildlife	or assist in the
(Game)	hunting, taking or
Regulations 2001	destroying of duck from a motor boat while the motor is running whether in gear or not other than
in accordance with regulation 37(2) of the Wildlife (Game)
Regulations 2001
6521	An offence under	$100	fail to kill live game
regulation 38 of	immediately upon
the Wildlife	recovery
(Game) Regulations 2001

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6522	An offence under	$100	fail to leave one fully
regulation 39 of	feathered wing
the Wildlife	attached to a duck
(Game)	until immediately
Regulations 2001	prior to cooking or until that duck has been taken to the
person's ordinary place of residence
6523	An offence under	$100	possess or control
regulation 46(1)	any female Hog Deer
of the Wildlife	carcass without a
(Game)	Hog Deer Tag
Regulations 2001	marked with the letter "F" affixed to the hind leg
6524	An offence under	$100	possess or control
regulation 46(2)	any male Hog Deer
of the Wildlife	carcass without a
(Game)	Hog Deer Tag
Regulations 2001	marked with the letter "M" affixed to the hind leg
6525	An offence under	$100	fail, after killing a
regulation 47 of	Hog Deer to
the Wildlife	immediately affix a
(Game)	Hog Deer Tag in the
Regulations 2001	manner specified in regulation 47 of the Wildlife (Game)
Regulations 2001
6526	An offence under	$100	remove, without the
regulation 49(a)	written approval of
of the Wildlife	the Secretary, the
(Game)	Hog Deer Tag from
Regulations 2001	the body of any Hog Deer killed until the body of that deer has been removed to a
checking station

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6527	An offence under	$100	remove, without the
regulation 49(b)	written approval of
of the Wildlife	the Secretary, the
(Game)	head or dismember
Regulations 2001	any Hog Deer killed until the body of that deer has been
removed to a checking station
6528	An offence under	$100	hunt, take or destroy
regulation 50 of	Hog Deer without
the Wildlife	possession of Hog
(Game)	Deer Tags as required
Regulations 2001	by regulation 50 of the Wildlife (Game) Regulations 2001
6529	An offence under	$100	fail to forward to the
regulation 53 of	Secretary by
the Wildlife	registered post within
(Game)	28 days of the last
Regulations 2001	day of each open season for which the Hog Deer Tags were issued a complete and accurate Hog Deer return and any unused Hog Deer Tags
6530	An offence under	$100	fail, when taking Hog
regulation	Deer during the open
54(3)(a) of the	season, to take the
Wildlife (Game)	Hog Deer carcass to a
Regulations 2001	checking station within 24 hours of the taking of the deer

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6531	An offence under	$100	fail, when taking
regulation	Hog Deer during the
54(3)(b) of the	open season, to
Wildlife (Game)	provide any
Regulations 2001	biological sample from the Hog Deer carcass when
requested by the Secretary for the purpose of
examination for any disease or disorder
6532	An offence under	$150	hunt, take or destroy
regulation 58 of	Sambar Deer with
the Wildlife	scent-trailing hounds
(Game)	or gundogs in any
Regulations 2001	area of Victoria outside the area shown by shading on
the plan in Part 1 of Schedule 10 of the Wildlife (Game)
Regulations 2001 that does not include the area shown by shading on the plan in Part 3 of Schedule 10
6533	An offence under	$150	hunt, take or destroy
regulation 59(1)	Fallow Deer in
of the Wildlife	Victoria other than in
(Game)	accordance with
Regulations 2001	regulation 59(2) of the Wildlife (Game) Regulations 2001
6534	An offence under	$100	during the open
section 58C of the	season for duck, enter
Wildlife Act	on or remain in a
1975	specified hunting area at any time in the season as specified in the Wildlife (Game) Regulations 2001

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6535	An offence under	$100	use a toboggan, sled,
regulation 48(1)	ski-bob or inflatable
of the Alpine	device in an alpine
Resorts	resort other than in an
(Management)	area that has been set
Regulations 19983	aside under regulation 10 of the Alpine Resorts (Management) Regulations 1998 as an area where the use of those devices is permitted
6536	An offence under	$100	use a facility in
regulation 10(2)	reservoir parks land,
of the Water	for which a fee or
Industry	charge is payable,
(Reservoir Parks	without paying that
Land) Regulations	fee or charge
20014
6537	An offence under	$100	fell, pick, remove or
regulation 11(1)	damage any tree,
of the Water	shrub, plant,
Industry	wildflower or other
(Reservoir Parks	vegetation whether
Land) Regulations	dead or alive in
2001	reservoir parks land
6538	An offence under	$100	enter an area set aside
regulation 11(6)	under regulation 8(1)
of the Water	of the Water Industry
Industry	(Reservoir Parks
(Reservoir Parks	Land) Regulations
Land) Regulations	2001 as an area to
2001	which access is prohibited

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6539	An offence under	$100	light or maintain a
regulation 14(1)	fire or barbecue in
of the Water	reservoir parks land
Industry	other than in
(Reservoir Parks	accordance with
Land) Regulations	regulation 14(2) of
2001	the Water Industry (Reservoir Parks Land) Regulations 2001
6540	An offence under	$100	fail to extinguish a
regulation 14(4)	fire or barbecue lit or
of the Water	maintained in
Industry	reservoir parks land
(Reservoir Parks	before leaving the
Land) Regulations	place of the fire or
2001	barbecue
6541	An offence under	$100	cause a vehicle to
regulation 15(1)	enter or remain in any
of the Water	part of reservoir
Industry	parks land in an area
(Reservoir Parks	set aside under
Land) Regulations	regulation 9(1) of the
2001	Water Industry (Reservoir Parks Land) Regulations 2001 as an area in which it is prohibited to cause vehicles to enter or remain
6542	An offence under	$100	cause a vehicle of a
regulation 15(2)	particular class to
of the Water	enter or remain in any
Industry	part of reservoir
(Reservoir Parks	parks land set aside
Land) Regulations	under regulation 9(1)
2001	of the Water Industry (Reservoir Parks Land) Regulations 2001 as an area where it is prohibited to cause vehicles of that particular class to enter or remain

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6543	An offence under	$100	park a vehicle in
regulation 16(1)	reservoir parks land
of the Water	other than in an area
Industry	set aside under
(Reservoir Parks	regulation 7(1) of the
Land) Regulations	Water Industry
2001	(Reservoir Parks Land) Regulations 2001 for that purpose and in accordance with the terms of the determination of the Secretary under which the area has been set aside
6544	An offence under	$100	park a vehicle in an
regulation 16(2)	area of reservoir
of the Water	parks land set aside
Industry	for the parking of
(Reservoir Parks	vehicles of a
Land) Regulations	particular class other
2001	class and where the person is acting in accordance with the terms of the determination of the Secretary under
than a vehicle of that been set aside
6545	An offence under	$100	bring into, leave or
regulation 18(1)	allow an animal to
of the Water	remain in reservoir
Industry	parks land, other than
(Reservoir Parks	in an area set aside
Land) Regulations	under regulation 7(1)
2001	of the Water Industry (Reservoir Parks Land) Regulations 2001 for that purpose or other than in accordance with regulation 18(4) of

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the Water Industry
(Reservoir Parks
Land) Regulations

2001

6546	An offence under	$100	allow an animal
regulation 18(2)	under the care and
of the Water	control of a person to
Industry	stray or wander into
(Reservoir Parks	reservoir parks land
Land) Regulations 2001
6547	An offence under	$100	fail to ensure that an
regulation 18(3)	animal in a person's
of the Water	care and control in
Industry	reservoir parks land
(Reservoir Parks	is kept under
Land) Regulations	effective control and
2001	(subject to regulations 19, 20(2) and 29(3) of the Water Industry (Reservoir Parks Land) Regulations 2001), is restrained by a lead, halter or other similar means and does not interfere with the use and enjoyment of that land by other persons or animals
6548	An offence under	$100	exercise a dog off-
regulation 19 of	lead in reservoir
the Water	parks land, other than
Industry	in an area set aside
(Reservoir Parks	under regulation 7(1)
Land) Regulations	of the Water Industry
2001	(Reservoir Parks Land) Regulations 2001 for that purpose

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6549	An offence under	$100	ride, lead or drive a
regulation 20(1)	horse, donkey or
of the Water	camel or draw a
Industry	vehicle by a horse,
(Reservoir Parks	donkey or camel in
Land) Regulations	reservoir parks land
2001	set aside under regulation 7(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 for that purpose and in accordance with the terms of the determination of the Secretary under
other than in an area aside
6550	An offence under	$100	leave a horse, donkey
regulation 20(2)	or camel unbridled or
of the Water	unattended in
Industry	reservoir parks land
(Reservoir Parks	other than in an area
Land) Regulations	set aside under
2001	regulation 7(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 for that purpose and in accordance with the terms of the determination of the Secretary under which the area is set aside
6551	An offence under	$100	ride or drive a horse,
regulation 20(3)	donkey or camel
of the Water	abreast of more than
Industry	one other horse,
(Reservoir Parks	donkey or camel on
Land) Regulations	any path, track or
2001	road in reservoir parks land

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6552	An offence under	$100	ride or drive a horse,
regulation 20(4)	donkey or camel in a
of the Water	manner which may
Industry	disturb or be
(Reservoir Parks	dangerous to any
Land) Regulations	person or fauna or
2001	damage flora in reservoir parks land
6553	An offence under	$100	allow a horse, donkey
regulation 20(5)	or camel under a
of the Water	person's care or
Industry	control to damage
(Reservoir Parks	any part of a tree or a
Land) Regulations	shrub in reservoir
2001	parks land
6554	An offence under	$100	camp in reservoir
regulation 21(1)	parks land other than
of the Water	in accordance with
Industry	regulation 21(2) of
(Reservoir Parks	the Water Industry
Land) Regulations	(Reservoir Parks
2001	Land) Regulations 2001
6555	An offence under	$100	possess or carry any
regulation 24 of	glass bottle, glass
the Water	container or glass
Industry	utensil in any part of
(Reservoir Parks	reservoir parks land
Land) Regulations	set aside under
2001	regulation 9(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 as an area in which the possession or carriage of glass bottles, glass containers or glass utensils is prohibited

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6556	An offence under	$100	possess alcohol in
regulation 25 of	any reservoir parks
the Water	land set aside under
Industry	regulation 9(1) of the
(Reservoir Parks	Water Industry
Land) Regulations	(Reservoir Parks
2001	Land) Regulations 2001 as an area in which the possession
of alcohol is prohibited
6557	An offence under	$100	conduct, in reservoir
regulation 28(1)	parks land, any
of the Water	sporting contest,
Industry	demonstration or
(Reservoir Parks	training class, other
Land) Regulations	than in an area set
2001	aside for that purpose under regulation 7(1) of the Water Industry (Reservoir Parks
Land) Regulations 2001
6558	An offence under	$100	in an area of reservoir
regulation 28(2)	parks land set aside
of the Water	under regulation 7(1)
Industry	of the Water Industry
(Reservoir Parks	(Reservoir Parks
Land) Regulations	Land) Regulations
2001	2001 for the purpose of conducting any sporting contest, demonstration or training class, conduct such activity without a permit and other than in accordance with that permit

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6559	An offence under	$100	conduct in reservoir
regulation 29(1)	parks land, any
of the Water	animal show or
Industry	competition, other
(Reservoir Parks	than in an area set
Land) Regulations	aside under
2001	regulation 7(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 for that purpose
6560	An offence under	$100	in an area in reservoir
regulation 29(2)	parks land set aside
of the Water	under regulation 7(1)
Industry	of the Water Industry
(Reservoir Parks	(Reservoir Parks
Land) Regulations	Land) Regulations
2001	2001 for the purpose of conducting an animal show or competition, conduct such an animal show or competition without a permit and other than in accordance with that permit'.

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Endnotes

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ENDNOTES

1 Reg. 3: S.R. No. 164/1992. Reprint No. 3 as at 23 November 1999.

Subsequently amended by S.R. Nos 148/1999, 9/2000, 14/2000, 36/2001,

86/2001 and 165/2001.

2 Reg. 3: S.R. No. 90/2001.

3 Reg. 3: S.R. No. 46/1998.

4 Reg. 3: S.R. No. 125/2001.