Conservation, Forests and Lands (Infringement Notice) Amendment (Wildlife (Game) and Other Matters) Regulations 2013 (Vic)

Conservation, Forests and Lands (Infringement Notice) Amendment (Wildlife (Game) and Other Matters) Regulations 2013

S.R. No. 19/2013

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Amendment of Schedule 2—Wildlife (Game)

6Amendment of Schedule 2—Safety on Public Land

7Statutory rule revision

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ENDNOTES

STATUTORY RULES 2013

S.R. No. 19/2013

Conservation, Forests and Lands Act 1987

Conservation, Forests and Lands (Infringement Notice) Amendment (Wildlife (Game) and Other Matters) Regulations 2013

The Governor in Council makes the following Regulations:

Dated: 12 February 2013

Responsible Minister:

PETER WALSH
Minister for Agriculture and Food Security

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Conservation, Forests and Lands (Infringement Notice) Regulations 2002—

(a)to prescribe further offences against a relevant law for which an infringement notice may be served; and

(b)to prescribe penalties for those prescribed offences; and

(c)to make other minor amendments.

2Authorising provision

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

3Commencement

These Regulations come into operation on 15 February 2013.

4Principal Regulations

In these Regulations, the Conservation, Forests and Lands (Infringement Notice) Regulations 2002[1] are called the Principal Regulations.

5Amendment of Schedule 2—Wildlife (Game)

In Schedule 2 to the Principal Regulations, for items 153 to 194 substitute—

'153	6411	An offence under section 22A(8) of the Wildlife Act 1975 constituted by a contravention of regulation 19(1) of the Wildlife (Game) Regulations 2012	2 penalty units	as the holder of a game licence that allows the hunting or taking of Sambar Deer with the use of hounds or the destroying of Sambar Deer, do so alone in contravention of regulation 19(1) of the Wildlife (Game) Regulations 2012
154	6412	An offence under section 22A(8) of the Wildlife Act 1975 constituted by a contravention of regulation 19(2) of the Wildlife (Game) Regulations 2012	2 penalty units	as the holder of a game licence that allows the hunting or taking of Sambar Deer with the use of hounds or the destroying of Sambar Deer, do so as part of a team in contravention of regulation 19(2) of the Wildlife (Game) Regulations 2012
155	6413	An offence under section 22A(8) of the Wildlife Act 1975 constituted by a contravention of regulation 23 of the Wildlife (Game) Regulations 2012	2 penalty units	as the holder of a game licence that allows the hunting or taking of Sambar Deer with the use of hounds, use a hound for hunting or taking Sambar Deer that is not a registered hound
156	6414	An offence under section 28(1) of the Wildlife Act 1975	1 penalty unit	fail to produce a licence, permit or other authority when required by an authorised officer or member of the police force
157	6415	An offence under section 44(3) of the Wildlife Act 1975	2 penalty units	hunt, take or destroy a taxon of game during the open season for that taxon of game other than in accordance with section 44(4) of the Wildlife Act 1975

158	6416	An offence under section 58C(1) of the Wildlife Act 1975	2×5 penalty units	during the open season for duck, enter on or remain in any specified hunting area under regulation 69 of the Wildlife (Game) Regulations 2012 at any time during which entry onto or remaining in that area is prohibited as specified in regulation 70 of those Regulations, other than in accordance with section 58C of the Wildlife Act 1975
159	6417	An offence under section 58D of the Wildlife Act 1975	2×5 penalty units	approach to within 10 metres or less from a person who is carrying a firearm or hunting or taking game birds in a specified hunting area under regulation 69 of the Wildlife (Game) Regulations 2012 during the open season for duck, other than in accordance with section 58D of the Wildlife Act 1975
160	6418	An offence under regulation 11 of the Wildlife (Game) Regulations 2012	0×5 penalty units	as a holder of a game licence, fail to notify the Secretary of change of address and to forward licence for amendment within 14 days of changing address

161	6419	An offence under regulation 30 of the Wildlife (Game) Regulations 2012	2 penalty units	take or destroy more than the number of game specified in Schedule 4 to the Wildlife (Game) Regulations 2012 as the bag limit for that kind or taxon of game in the period set out in that Schedule for that kind or taxon of game
162	6420	An offence under regulation 32(1) of the Wildlife (Game) Regulations 2012	2 penalty units	use toxic shot to hunt, take or destroy ducks other than under the circumstances specified in regulation 32(2) of the Wildlife (Game) Regulations 2012
163	6421	An offence under regulation 33(1)(a) of the Wildlife (Game) Regulations 2012	1×5 penalty units	be in possession of toxic shot in the course of hunting ducks other than in the circumstances specified in regulation 33(2) or (3) of the Wildlife (Game) Regulations 2012
164	6422	An offence under regulation 33(1)(b) of the Wildlife (Game) Regulations 2012	1×5 penalty units	be in possession of toxic shot within an area in which he or she intends to hunt duck other than in the circumstances specified in regulation 33(2) or (3) of the Wildlife (Game) Regulations 2012

165	6423	An offence under regulation 33(1)(c) of the Wildlife (Game) Regulations 2012	1×5 penalty units	be in possession of toxic shot within a State Game Reserve other than in the circumstances specified in regulation 33(2), (3) or (4) of the Wildlife (Game) Regulations 2012
166	6424	An offence under regulation 36(1) of the Wildlife (Game) Regulations 2012	2 penalty units	be in possession of a spotlight and a firearm in recognised deer habitat from 30 minutes after sunset until 30 minutes before sunrise other than in the circumstances specified in regulation 36(4) of the Wildlife (Game) Regulations 2012
167	6425	An offence under regulation 36(2) of the Wildlife (Game) Regulations 2012	2 penalty units	be in possession of a spotlight and be in company with a person in possession of a firearm in recognised deer habitat from 30 minutes after sunset until 30 minutes before sunrise other than in the circumstances specified in regulation 36(4) of the Wildlife (Game) Regulations 2012

168	6426	An offence under regulation 36(3) of the Wildlife (Game) Regulations 2012	2 penalty units	be in possession of a firearm and be in company with a person in possession of a spotlight in recognised deer habitat from 30 minutes after sunset until 30 minutes before sunrise other than in the circumstances specified in regulation 36(4) of the Wildlife (Game) Regulations 2012
169	6427	An offence under regulation 37(1) of the Wildlife (Game) Regulations 2012	2 penalty units	use a dog when hunting, taking or destroying game birds other than in the circumstances specified in regulation 37(3) of the Wildlife (Game) Regulations 2012

170	6428	An offence under regulation 38(1) of the Wildlife (Game) Regulations 2012	2 penalty units	use a dog for hunting deer other than a registered hound for the purpose of trailing Sambar Deer, a gundog for the purpose of locating, pointing or flushing deer (other than Hog Deer) or a deer hunting dog for the purpose of locating or flushing deer (other than Hog Deer) other than in the circumstances specified in regulation 38(2) of the Wildlife (Game) Regulations 2012
171	6429	An offence under regulation 39 of the Wildlife (Game) Regulations 2012	2 penalty units	use when hunting alone for deer (other than Hog Deer) more than 2 gundogs, or 2 deer hunting dogs, or 1 gundog and 1 deer hunting dog, for the purpose of locating, pointing or flushing deer

172	6430	An offence under regulation 40 of the Wildlife (Game) Regulations 2012	2 penalty units	use when hunting in a team for deer (other than Hog Deer) more than 2 gundogs, or 2 deer hunting dogs, or 1 gundog and 1 deer hunting dog, for the purpose of locating, pointing or flushing deer (other than Hog Deer)
173	6431	An offence under regulation 42(1) of the Wildlife (Game) Regulations 2012	1×5 penalty units	as a person hunting on public land in recognised deer habitat, have in his or her care or control a dog (that is not a hound, gundog or deer hunting dog) that is not restrained or confined other than in the circumstances specified in regulation 42(2) of the Wildlife (Game) Regulations 2012
174	6432	An offence under regulation 43(1)(a) of the Wildlife (Game) Regulations 2012	2 penalty units	as a hound possessor while hunting or taking Sambar Deer with the use of hounds, allow a hound to be found on private land other than in the circumstances specified in regulation 43(2) of the Wildlife (Game) Regulations 2012

175	6433	An offence under regulation 43(1)(b) of the Wildlife (Game) Regulations 2012	2 penalty units	as a hound possessor while hunting or taking Sambar Deer with the use of hounds, allow a hound to be found in a park other than in accordance with the National Parks Act 1975
176	6434	An offence under regulation 43(1)(c) of the Wildlife (Game) Regulations 2012	2 penalty units	as a hound possessor while hunting or taking Sambar Deer with the use hounds, allow a hound to be found in any area prohibited by the Wildlife (Game) Regulations 2012 other than in the circumstances specified in regulation 43(3) of the Wildlife (Game) Regulations 2012
177	6435	An offence under regulation 43(1)(d) of the Wildlife (Game) Regulations 2012	2 penalty units	as a hound possessor while hunting or taking Sambar Deer with the use of hounds, allow a hound to be found in any area closed under Part XI of the Wildlife Act 1975 other than in the circumstances specified in regulation 43(3) of the Wildlife (Game) Regulations 2012

178	6436	An offence under regulation 44 of the Wildlife (Game) Regulations 2012	1 penalty unit	fail to ensure that a hound is wearing a collar to which is securely attached a permanent tag or label on which is legibly printed the full name of the hound owner and the hound registration number
179	6437	An offence under regulation 45(1) of the Wildlife (Game) Regulations 2012	2×5 penalty units	use a spotlight to hunt or take game other than in the circumstances specified in regulation 45(2) of the Wildlife (Game) Regulations 2012
180	6438	An offence under regulation 47 of the Wildlife (Game) Regulations 2012	2 penalty units	hunt, take or destroy game during the period commencing a half-hour after sunset on any day and ending a half-hour before sunrise on the next day
181	6439	An offence under regulation 48(1) of the Wildlife (Game) Regulations 2012	1 penalty unit	hunt, take or destroy game using any bait, lure, decoy or live animal to attract game other than in the circumstances specified in regulation 48(3) of the Wildlife (Game) Regulations 2012
182	6440	An offence under regulation 49(1) of the Wildlife (Game) Regulations 2012	2 penalty units	hunt, take or destroy game  from an aircraft or motor vehicle

183	6441	An offence under regulation 50(1) of the Wildlife (Game) Regulations 2012	2 penalty units	hunt, take or destroy duck from a motor boat whose motor is running (whether in gear or not) other than in the circumstances specified in regulation 50(3) of the Wildlife (Game) Regulations 2012
184	6442	An offence under regulation 51 of the Wildlife (Game) Regulations 2012	2 penalty units	fail to kill live game immediately upon recovery
185	6443	An offence under regulation 52 of the Wildlife (Game) Regulations 2012	1 penalty unit	fail to leave one fully feathered wing attached to a duck or duck breast until immediately prior to cooking or until that duck has been taken to the person's ordinary place of residence
186	6444	An offence under regulation 56(1) of the Wildlife (Game) Regulations 2012	1 penalty unit	possess any female Hog Deer carcass without a Hog Deer Tag marked with the letter "F" attached to one of its hind legs or possess any female Hog Deer carcass from which a Hog Deer Tag marked with the letter "F" has been removed other than in accordance with regulation 59 of the Wildlife (Game) Regulations 2012

187	6445	An offence under regulation 56(2) of the Wildlife (Game) Regulations 2012	1 penalty unit	possess any male Hog Deer carcass without a Hog Deer Tag marked with the letter "M" attached to one of its hind legs or possess any male Hog Deer carcass from which a Hog Deer Tag marked with the letter "M" has been removed other than in accordance with regulation 59 of the Wildlife (Game) Regulations 2012
188	6446	An offence under regulation 57 of the Wildlife (Game) Regulations 2012	1 penalty unit	fail, after killing a Hog Deer, to immediately attach a Hog Deer Tag in the manner specified in regulation 57 of the Wildlife (Game) Regulations 2012
189	6447	An offence under regulation 58 of the Wildlife (Game) Regulations 2012	1 penalty unit	after killing a Hog Deer, remove the Hog Deer from where it has been killed without a Hog Deer Tag being attached to one of its hind legs in accordance with regulation 57 of the Wildlife (Game) Regulations 2012

190	6448	An offence under regulation 59 of the Wildlife (Game) Regulations 2012	1×5 penalty units	without the written authorisation of the Secretary, remove the Hog Deer Tag from the body of any Hog Deer killed, before the deer has been taken to a checking station in accordance with regulation 67 of the Wildlife (Game) Regulations 2012 and any biological sample required under regulation 67(3)(b) of the Wildlife (Game) Regulations 2012 has been given
191	6449	An offence under regulation 60 of the Wildlife (Game) Regulations 2012	1×5 penalty units	without the written authorisation of the Secretary, remove the head or dismember any Hog Deer killed, before the deer has been taken to a checking station in accordance with regulation 67 of the Wildlife (Game) Regulations 2012 and any biological sample required under regulation 67(3)(b) of the Wildlife (Game) Regulations 2012 has been given

192	6450	An offence under regulation 64(a) of the Wildlife (Game) Regulations 2012	1×5 penalty units	as a person issued with Hog Deer Tags, hunt, take or destroy Hog Deer without possession of Hog Deer Tags as required by regulation 64(a) of the Wildlife (Game) Regulations 2012
193	6451	An offence under regulation 64(b) of the Wildlife (Game) Regulations 2012	1×5 penalty units	as a person issued with Hog Deer Tags, hunt, take or destroy Hog Deer without possession of a Hog Deer Tag as required by regulation 64(b) of the Wildlife (Game) Regulations 2012
194	6452	An offence under regulation 65 of the Wildlife (Game) Regulations 2012	1 penalty unit	sell, give, lend or transfer a Hog Deer Tag to any other person
195	6453	An offence under regulation 66 of the Wildlife (Game) Regulations 2012	1 penalty unit	alter, deface or reproduce a Hog Deer Tag

196	6454	An offence under regulation 67(3) of the Wildlife (Game) Regulations 2012	1 penalty unit	fail, when taking Hog Deer during the open season, to take the Hog Deer carcass to a checking station during the station's open hours within 24 hours of the taking of the deer and to provide any biological sample from the Hog Deer carcass when requested by the Secretary for the purpose of examination for any disease or disorder or other physical condition
197	6455	An offence under regulation 68 of the Wildlife (Game) Regulations 2012	1 penalty unit	fail to forward to the Secretary within 28 days of the last day of each open season for which Hog Deer Tags were issued a complete and accurate Hog Deer return

198	6456	An offence under regulation 71(1) of the Wildlife (Game) Regulations 2012	2 penalty units	hunt, take or destroy deer within the areas of Victoria shown by shading on the plans in Parts 1, 2, 3, 4 and 5 of Schedule 9 other than in the circumstances specified in accordance with regulation 71(2) of the Wildlife (Game) Regulations 2012
199	6457	An offence under regulation 72(1) of the Wildlife (Game) Regulations 2012	2 penalty units	hunt or take Sambar Deer with the use of hounds or destroy Sambar Deer in any area of Victoria other than in the circumstances specified in regulation 72(2) of the Wildlife (Game) Regulations 2012'.

6Amendment of Schedule 2—Safety on Public Land

In Schedule 2 to the Principal Regulations, after item 330 insert—

"SAFETY ON PUBLIC LAND
331	6458	An offence under section 12(1) of the Safety on Public Land Act 2004 that occurs in relation to a public safety zone declared under section 4 of that Act and published in Government Gazette No. S445 on 19 December 2012	4 penalty units	unlawfully alter, obliterate, deface, remove or destroy a notice displayed in accordance with section 11 of the Safety on Public Land Act 2004
332	6459	An offence under section 12(2) of the Safety on Public Land Act 2004 that occurs in relation to a public safety zone declared under section 4 of that Act and published in Government Gazette No. S445 on 19 December 2012	4 penalty units	unlawfully break down, damage or destroy a barrier or fence which has been erected to prohibit or restrict access to a public safety zone
333	6460	An offence under section 13(1) of the Safety on Public Land Act 2004 constituted by causing any object or substance to enter into a public safety zone in contravention of the declaration under section 4 of that Act published in Government Gazette No. S445 on 19 December 2012	2 penalty units	as an unauthorised person, cause any object or substance to enter a public safety zone

334	6461	An offence under section 13(2) of the Safety on Public Land Act 2004 constituted by entering a public safety zone in contravention of the declaration under section 4 of that Act published in Government Gazette No. S445 on 19 December 2012	3 penalty units	as an unauthorised person, enter a public safety zone in a period during which access is prohibited
335	6462	An offence under section 14(3) of the Safety on Public Land Act 2004 that occurs in a public safety zone declared under section 4 of that Act and published in Government Gazette No. S445 on 19 December 2012	3 penalty units	as an unauthorised person, fail to comply with a direction under section 14(1) of the Safety onPublic Land Act 2004
336	6463	An offence under section 15(a) of the Safety on Public Land Act 2004 that occurs in relation to a public safety zone declared under section 4 of that Act and published in Government Gazette No. S445 on 19 December 2012	4 penalty units	as an unauthorised person, re-enter a public safety zone contrary to a direction of an authorised officer under section 14 of the Safety on Public Land Act 2004".

7Statutory rule revision

In regulations 6(1) and 7(1) of the Principal Regulations, for "1985" substitute "1995".

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ENDNOTES

[1] Reg. 4: S.R. No. 48/2002. Reprint No. 2 as at 9 February 2007.  Reprinted to S.R. No. 150/2006.  Subsequently amended by S.R. Nos 14/2009, 37/2010, 58/2010, 86/2011 and 93/2012.

——

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

In accordance with section 11 of the Monetary Units Act 2004, the value of a penalty unit for the financial year commencing 1 July 2012 is $140.84.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004.  The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.