Game Act 1874 (SA)

ANNO TRICESIMO SEPTIMO ET TRICESIMO OCTAVO

VICTORIB REGINB.

AD. 1874.

No. 21.

An Act to prevent the Destruction of certain Birds and Animals.

[Assented to, 6th November, 1874.1

HERBAS i t is expedient to prevent the wanton destruction Prenmbk,

W of certain Birds and Animals-Be it therefore Enacted by the Governor of the Province of South Australia, with the advice

and consent of the Legislative Council md House of Assembly of the said Province, in this present Parliament assembled, as follows:

1. This Act may be cited as the " Game Act, 1874." Title of A C ~.

2. Thc Act, No. 23 of 1864, entitled " An Act to prevent the Repeal of existing

wanton Destruction of certain Wild and Acclimatized Animals," is	23 Of
hereby repealed: Provided that nothing herein shall affect any act or thing lawfully made or donc under the authority of the said Act; and all offences committed, and penalties incurred under the said Act, shall be prosecutcd and enforced as if this Act had not been passed.

lawful for the Commissioner of Crown Lands and Immigration iz;pla"be at

3. This Act shall apply within the Limits of Counties, and the Where ~ c t in force.

rivers, creeks, lakes, and other inland waters within or bounding such

Counties only.

and include all birds and other animals mentioned in the First terms. 4. For the purposes of this Act, the term " Game" shall mean Interpretation of

Schedule to this Act, and the terms "Native Game " shall mean and includc al l birds and animals mentioned, by way of inclusion and not of exception, in the Second Schedule to this Act; and the terms Special Game," shall mean and include all birds mentioned Commisdoner may

in the Third Schedule to this Act: Provided that it shall be sad other birds and

37" & 38' VICTORIIZE, No. 21.

Game Act.1874.

at any time after the passing of this Act, by notice in the Government Gazette, to name any bird or animal, which shall be included in, or excluded from, such First or Second Schcdule respectively; and, after the publication of any such notice as afore- said, and the expiration of the period mentioned in such notice for the time of its coming into operation, the birds and animals so named shall be deemed and considered as bcing thcnccforward included in, or excluded from, such First or Second Schedule, as the case may be.

Periods of operation	5. Swans and geese shall be protected in manner provided bp section 6 of this Act from and inclusive of the first day of July to and inclusive of the thirtieth day of November, turkeys, curlews, and plover from and inclusive of the first day of August to and inclusive of the thirtieth day of November, and ducks of all descriptions from and inclusive of the first day of September to and inclusive of thc thirty-first day of December, in every year; and all the birds and animals mentioned in First Schedule to this Act shall, from and after the passing thereof, and the birds mentioned in
Act.
the Third Schedule of this Act shall, from and after the expiration
of two years as hereinafter mcntioned, be protected in manner provided by section 6 during She period of time extending from and inclusive of the first day of September to and inclusive of the thirty-first day of March in every year; and the birds mentioned in the said Third Schedule shall be protected as provided by the said section 6 for two ycclrs from and after the passing of this Act, or for such other a:id additional periods of time as the said
Commissioner may, by ndtice in the Government Gazette, from time
to time direct; and all other the birds or animals mentioned by way of inclusion, and not of exception, in the Second Schedule of this Act, shall be protected as provided by the said section G for the period of time extending from and inclusive of the first day year. of July to and inclusive of the thirtieth day of November in every

of aection 6 of this

Penalty on having in 6. If any person shall kill, wound, or destroy, mtch or takc, or

possessio.1 game or shall buy, sell, or knowingly have in his possession, house, or control,

,,,, i,, ,,,, dufiog

period ofprobibitir~n. any game, native game, or special game, alive or dead, the same

having been wilfully killed, wounded or destroyed, caught or taken within the periods of the year, or periods of time, during which

' such game, native game, or special game shall, in accordance with the last preceding section of this Act, or in accordance with any notice which may be givcn as aforesaid, be protected, every person so offending shall forfeit and pay a penalty not exceeding the sum of Five Pounds for every head of game, and a sum not exceeding the sum of Two Pounds for every head of native game, and a sum not exceeding the sum of Five Pounds for cvery head of special game so killcd, wounded, or destroyed, caught or taken by him, or so found in his house, control, or possession, in addition to the value of such game, native game, or special game respectively, which value shall, in the case of game, be the sum sct opposite the

name

37" & 38" VICTORIB, No. 21.

Game Act.-1874.

narnc of such bird or animal in the First Schedule hereto, and, in the case of native game, the sum of Five Shillings, and, in thc case of special game, the sum of Two Pounds; and proof that such 'gzme, native game, or special game has been kawfully killed, wounded, or destroyed, caught or, taken, shall lie on the defendant.

h

r . If any person shall wilfully take out of the ncst, or dcstroy in I'enelty on taking and

the nest, the eggs of any bird of game, native game, or slwcial game, " ~ t ~ o ~ ~ ~ g	egga.
or shall knowingly have in his possession any such eggs, every such person shall forfeit and pay a penalty not exceeding the sum of Ten Shillings for each egg so wilfully taken or destroyed, or found in his possession.

8. The provisions in this Act contained shall not extend, or be Linlitntion.

construed to extend, to any person, being the owner of any game, native game, or special game, having in his possession such game, native game, or special gamc, in confinement, or in a domesticated stiitc; nor to any person killing, wounding, or destroying, catching or taking any game, native game, special game, in any building, enclosure, garden, vineyard, or field of corn whereof he is the owner or occupier.

9. If any person shall enter on any encloscd land, except lands held ponolty for trespass

undcr lease from the Crown for pastoral purposes, or enclosed land in P ~ "' ~ ~ ~ ~ '

whereof he is owner or occupier, for the purposc of killing, wound- ing, or destroying, catching, or taking any bird or animal, or the eggs or young of any bird, or the young nf any animal, without first having obtained permission, in writing. from the owner or occupier of such land, he shall, upon conviction. forfeit and pay a sum of not exceeding Five Pounds in addition in the case of game, native game, or special game to the value of each bird or animal, or the young of any bird or animal, according to the sixth section of this Act;

animal other than game, native game, or special game, to the sum

and in the case of any bird or animal, or the young of any bird or

of Five Shillings for each bird or animal, or the young of any bird

or animal so killed, wounded, or destroyed, caught, or taken.

10. I n any pr~cceding~for any offence against the last Proof of permission

clause, the proof of permission having been obtained, shall lie on the to i, civcn by arfm-	having beon obtained
defendant.	dant.

11. Nothing in this Act shall remove the liability of any person Action for ~ ~ I W M -

to an action for damages, in respect of any bird or animal destroyed

or iiljjured by such person.

12. Nothing in this Act shall prevent any aboriginal native of A C ~ not to apply t l b

ported game, or taking any eggs for the same purpose from Waste Australia from killing, for his own consumption, any native or im- aboriginals. use of the aborigines.

13. If

176 37" & 38" VICTORIB, No. 21.

Game Act .1874.

Oflenders to give up

name and address on

23. If any person shall be found offending against the provisions a false name or address to any person who may demand the name and address of such first-mentioned person, or who shall not deliver up any bird or animal, instrument, net, or other means of destruction, used for killing, wounding, or catching any such bird or animal, to any person being the owner, or occupier, or the agent of such owner or occupier, of the land whereon such bird or animal shall have been killed, destroyed, wounded, or taken, who may de- mand the sdmp, it shall be lawful for such last-mentioned person, with any assistance he may require, and for any constable, to take

demand.

of this Act, and shall not give up his namc and address, or shall give

Penalty for resistance. such pekon into custody and take him beforc any Special Magistrate,

or two Justice8 of thc Peace, to be dealt with amordine. to law: and any person who shall give a'false name or address, or shall essaklt or resist any such person so demanding such bird or animal, instrument, net, or other means of destruction, used for killing, wounding, or catching any such bird or animal, shall fcrfeit and pay a penalty not exceeding Five Pounds, besides any other penalty he may have in- curred under this Act.

Simmary procedure.

14. All fines and penalties for any offences against this Act, and all sums of moncy payable hereunder, may be recovered in a summary way, before any Special Magistrate or two Justices of the Peace, under the provisions of an Ordinance, No. 6 of 1850, " To facilitate the performance of duties of the Justices of the Peace out of Sessions, with respect to Summary convictions and orders," or of any Act hereafter to be in force for fkcilitating the duties of Justices of thc Peace with respect to summary convictions and orders; and all convictions and orders may be enforced as in the said Ordinance is mentioned.

Who may lay infor-

rniitions.

15, Informations may be laid for any offence against this Act at

the instance of any person, and every such information and the

animal (where the information is in respect of any bird or animal), summons to be issued thereupon, shall specify the kind of bird or

in respect of which the offence charged has been committed.

Appeal.

16. There shall be an appeal from any order or conviction, of any Special Magistrate or Justices under this Act, or from any order dismissing any information, or otherwise, which appeal shall be to the Local Court of Adelaide of Full Jurisdiction only, and the pro- ceedings on such appeal shall be conducted in manner appointed by said Ordinance, No. 6 of 1850, for appeals to Local Courts; and such Local Court of Adelaide may make such order as to the pay- ment of the costs of appeal as it shall think fit, although such costs may exceed Ten Pounds.

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

to this Bill.

'A. MUSGRAVE, Governor.

FIRST

370 & 38" VICTORIB, No. 21.

Game Act.-1 874.

FIRST SCHEDULE.

Pheasants £2	Hares 32
Partridges $2	Deer S10
Grouse $2	Antelopes $10
Swans $2

SECOND SCHEDULE.

All birda indigenous to Australia, excepting the following, namely :-

Eagles of all sorts Hawks of all sort^

Crows

Black Magpies

Wattle Birds

Silver Eyes

Yellow-crested Cockatoos

Rosclla Paroquets

Water Hens

And all animals indigenous to Australia, exceptsing the following, namely :--

Wild Dogs Native Cats Opossums

Kangarous

Wallabies, and all other Marsupials

Rats.

THIRD SCHEDULE.

Pheasants I Partride;-.

Adelaide : By authority, W. C. Cox, Government Printer, North-terrace.

LL